1855-422.

Medical depart

met to have access to the

Charity Hospital

ances recorded.

of the parish in which the offense is committed, and shall be answerable in damages to the party injured.

For any subsequent offense the person so offending shall also be subject to imprisonment in the parish prison for a period not more than three months.

SEC. 406. The Medical Department of the University shall at all times have free access to the Charity Hospital of New Orleans, for the purpose of affording their students practical illustrations of the Subject they teach.

SEC. 407. It shall be the duty of the notaries in New Orleans to 1855-320. cause every deed of sale, donation, or any other sort of conveyance Duty of notaries of real estate, passed before them respectively, even when the parties to have convey shall agree to dispense therewith, to be registered at the office of the register of conveyances for New Orleans, within forty-eight hours after the passage of said acts, and this under the penalty of five hundred dollars fine, to be recovered before any court of competent jurisdiction, for the use and profit of the Charity Hospital, and also under the penalty of being liable for all damages which the parties may suffer through the neglect of said notary to register the said acts.

1865-166.

Masters of vessels not to employ other persons than pilots.

1865-168. Boarding of vessels,

1861-186. Penalty for

than legal fees.

SEC. 408. If any vessel, inward or outward bound, to or from the port of New Orleans, shall employ as a pilot a person who is not a duly licensed branch pilot, when a duly licensed branch pilot offers, the said vessel, her captain and owners, shall forfeit the sum of one hundred dollars, with privilege on said vessel, to be recovered before any court of competent jurisdiction, in the name of the Charity Hospital of New Orleans-one-half for the benefit of said Hospital and one-half for the use of the public school of the eighth district of the parish of Plaquemines.

SEC. 409. No pilot shall board any inward bound vessel, for the purpose of piloting such in, except from the pilot boats on their stations; any pilot boarding any inward bound vessel in a small boat from the shore, not belonging or attached to the pilot boats, for the purpose of piloting such vessel in, shall be subject to a fine of one hundred dollars ($100), to be sued for by the master and wardens, by a civil process, before any court of competent jurisdiction; and said fine, when collected, shall be paid to the Charity Hospital of New Orleans for its use and benefit.

SEC. 410. If any officer shall demand or collect any other or greater fees than are particularly and specially herein set forth, he shall be considered guilty of a misdemeanor in office, and on conviccharging more tion thereof be condemned to pay a fine of not less than one hundred dollars, nor more than two hundred and fifty dollars, and liable to be dismissed from office, and it shall be the duty of the judge of the court, on the complaint of any person aggrieved, to summon the officer complained of to appear before him in open court, by rule, after ten days' notice, to show cause why the penalties of this section should not be enforced. The fines and forfeitures collected under this act, are in the city of New Orleans, to be for the use and benefit of the Charity Hospital, and in the other parishes to be paid over to the parish treasurer of the respective parishes of the State, and it shall be the duty of the district attorney to collect and pay over

the same.

CITIZEN.

1855-331.

Residence not

ness of the

SEC. 411. Residence once acquired shall not be forfeited by forfeited by ababsence on business of the State or of the United States, but a sence on busivoluntary absence from the State of two years, or the acquisition United States or of residence in any other State of this Union or elsewhere, shall of the State. forfeit a residence within this State.

Residence, how forfeited.

CIVIL CODE-AMENDMENTS.

rules of pro

SEC. 412. All the rules of proceeding which existed in this State before the promulgation of the Code of Practice, except those relative 1863–160. to juries, recusation of judges and other officers, and of witnesses, Repeal of former and with respect to the competency of the latter, be and are hereby ceeding and abrogated; and all the civil laws which were in force before the former laws. promulgation of the Civil Code lately promulgated, be and are hereby abrogated, except so much of title tenth of the old Civil Code as is embraced in its third chapter, which treats of the dissolution of communities of corporations.

SEC. 413. The duties now imposed on the clerks of the courts of

this State to insert in a register, to be kept for that purpose, the 1827-172—2. titles of the laws, which shall have been directed to them, together Art. 4. with the day in which they shall have received them, shall not be considered as necessary to the promulgation of such laws.

SEC. 414. The right of making private or religious marriages legal, valid and binding, as aforesaid, shall apply to marriages of all 1868-278. persons of whatever race or color, as well as to marriages formerly Art. 95. prohibited by article ninety-five of the Civil Code of Louisiana, or by any other article of said Code, or by any other law of the State. SEC. 415. The articles of the Civil Code, 101 and 102, shall be so construed that any priest or minister of a religious sect, domiciliated 1842–204. within the State of Louisiana, shall have the right of celebrating Arts. 101 and 102 marriages in any one of the parishes of this State; and it shall no longer be required that the said priest or minister of a religious sect shall reside in the parish where he celebrates or performs the marriage ceremony.

SEC. 416. Whatever in the article two thousand four hundred and

ten of the Civil Code might be in contravention with the article one 1826-162. hundred and twenty-five of the same Code is repealed; and this Art. 125. last article shall be considered as the one being in force.

SEC. 417. Article one hundred and fifty-five (155) of the Civil Code of Louisiana, which reads as follows: "There are in this 1865-42. State two classes of servants, to wit, the free servants and the Art. 155. slaves," be so amended as to read thus: "There is only one class of servants in this State, to wit, free servants."

1826-162.

SEC. 418. The one hundred and fifty-eighth and one hundred and fifty-ninth articles of the Civil Code are repealed, and the act of Arts. 168 and 159 the Legislature entitled "An Act for the regulation of the right and duties of apprentices and indented servants," passed on the twentyfirst of May, eighteen hundred and six, is revived in every thing which is not contrary or repugnant to the provisions of the Civil Code, which are not expressly repealed.

1831-86. Art. 217.

law 7, title 15.

SEC. 419. So much of the article two hundred and seventeen as abolishes all other modes of legitimation, except that by marriage, be and the same is hereby repealed, and law seventh, title fifteenth, of the fourth Partidas, which was repealed by said article of the Code, be and the same is hereby revived; and natural fathers or Fourth Partidas, mothers shall have power to legitimate their natural children, by acts declaratory of their intentions, made before a notary and two witnesses. Nothing herein contained shall be so construed as to prevent a white parent from legitimating a colored child, nor to prevent a person of color from legitimating his colored children; Provided, The natural children are the issue of parents who might at the time of conception have contracted marriage; And provided, That there do not exist, on the part of the parent legitimating his natural offspring, ascendants or legitimate descendants.

1855-299. Art. 285.

1826-164. Art. 305.

1868-172. Art. 325.

1830 462. Art. 338.

Another way of legitimating natural children is, where a father declares by a writing executed by his own hand, or which he causes to be executed by a notary public, and attested by three witnesses, that he acknowledges such a one for his son, designating him expressly by name. But in such acknowledgment, the father ought not to say he is his natural son; for if he does, the legitimation will have no effect. Likewise, where a man has several children by a concubine (amiga), and he acknowledges one of them only in writing, in the manner before mentioned; by such acknowledgment the other brothers and sisters will be legitimated, though no mention be made of them, so far as to enable them to inherit the estate of their father, as effectually as the one whose name is mentioned in the writing. And what we say in this and the preceding laws, is to be so understood that they who are therein mentioned as being legitimated, can inherit both the estates of their fathers and other relations.

SEC. 420. Article two hundred and eighty-fifth of the Civil Code of Louisiana be and is hereby so amended as to read thus: "In case the minor has no ascendant in the direct line, the legal tutorship shall be given to the nearest kin in the collateral line; and if there are two or more relations in the same degree, the court shall appoint one of them, by and with the advice of the meeting of the family."

SEC. 421. Article three hundred and five shall be amended as follows, to wit: by adding, at the end of the second paragraph of said article, the following words: "Or in a neighboring parish, provided it be not at a distance exceeding thirty miles."

SEC. 422. Article three hundred and twenty-five (325) of the Civil Code be and the same is hereby amended and re-enacted, so as to read as follows: "That all the causes of incapacity, exclusion and removal mentioned above, apply likewise to the under tutor, except insolvency and indebtedness to the minor or minors."

SEC. 423. In case of an adjudication made under the three hundred and thirty-eighth article of the Civil Code, or any other law authorizing similar adjudications, a special mortgage may be given by the father or mother on real property, to secure the rights of the

minors; and such special mortgage shall have the effect of annulling the mortgage arising from such adjudication.

Art. 341.

SEC. 424. Instead of the highest conventional interest, which tutors of minors are by the three hundred and forty-first article 1825-198. made liable to pay to their pupils, on the funds which they have failed to place at interest for their use, the said tutors will be accountable only for legal interest.

» Art. 341.

SEC. 425. So much of the article three hundred and forty-one of the Civil Code which provides that "the investment of the funds of 1857–186. the minors must be made by public act and secured by mortgage,' be and is hereby amended so as to read as follows: "The investment of the funds of the minor must be made by public act, and secured by mortgage, unless such investment be made in the bonds of the State of Louisiana, or in bonds for the payment whereof the faith of the State of Louisiana stands pledged; Provided, That such investment in bonds shall not be changed or the bonds alienated, except by a decree of the same court.

SEC. 426. There shall be hereafter no curator ad bona or curator ad litem appointed in any case; the persons and estates of minors 1830-48-9. shall in all cases be placed under the power of tutors and under Arts. 357 to 366 tutors, and their powers, duties and responsibilities, as well as their liability to be removed from office, shall continue until the minors

attain the age of majority, or are otherwise emancipated.

SEC. 427. Article nine hundred and sixty-nine of the Code of 1860-123. Practice, and article eleven hundred and nine of the Civil Code of Art. 1109. this State, be and they are hereby repealed and abrogated.

Art. 1116

SEC. 428. Article eleven hundred and sixteen shall be amended and re-enacted, so far as to read as follows: "If several persons 1854-51. claim the curatorship, the judge shall appoint one of them to act as a curator, provided he has the requisite qualifications and offers sufficient security.

Art. 1124.

SEC. 429. Hereafter no notary, parish recorder or register of mortgages, in making a certificate of mortgage, shall mention in his 1834-113. certificate the fact of registration of the bond of any administrator, curator of vacant succession, or absent heirs; the proper construction of the article one thousand one hundred and twenty-four not giving to such bonds, when registered, the force of a mortgage.

SEC. 430. Curators, administrators, tutors and testamentary executors, who only wish to be absent for a time, ought not to lose 1847-115. their administration on that account; Provided, They leave with Art. 1115, some person residing in the parish, or in an adjoining parish, where the succession is opened, a general and special power of attorney to represent them in all the acts of their administration, and deposit an authentic copy of the power of attorney, before their departure, in the office of the recorder in and for the parish where the said succession has been opened, which power of attorney shall be duly registered.

SEC. 431. Article one thousand two hundred and sixty-four shall be amended so as to read as follows, to wit: "If there be, among 1853-157. the heirs of the deceased, any who are of age and present, and who Art. 1261 demand that the sale be made for cash, it shall be made for cash, for a sufficient sum to cover the portion coming to them, and on a credit for the balance, on the terms prescribed by the other heirs." "But on the partition of the proceeds of the sale, the whole amount shall be reduced to its cash value, by deducting from the*

1855-275. Art. 1646.

1868-117. Art. 1670.

1850-228. Art. 1739.

1855-270.

Art. 2294.

whole sum to be paid eight per cent. per annum, and those heirs who require their portion in cash, shall receive it on the whole amount thus reduced."

SEO. 432. The fourth cause for the revocation of donations inter vivos mentioned in the article of the Civil Code fifteen hundred and forty-six, to wit: "The donors having children after the donation," be and the same is hereby repealed, and the said article shall be so amended so as to read as follows: "Donations inter vivos are liable to be revoked or dissolved on account of the following causes: 1st. The ingratitude of the donee; 2d. The non-fulfillment of the eventual conditions which suspend their consummation; 3d. The non-performance of the conditions imposed on the donee; 4th. The legal or conventional return."

SEC. 433. Article sixteen hundred and seventy of the Civil Code of the State of Louisiana be and the same is hereby amended and re-enacted so as to read as follows, to wit:

The testamentary executor is not bound to accept the executorship, nor to give security when he does accept it, unless there should be debts due by the succession, or property in possession thereof, claimed by other persons.

Any person having a claim for money against the succession, or claiming the ownership of specific property in possession thereof, whether such claim be liquidated or not, can compel the testamentary executor to give security for an amount exceeding by onefourth the amount of money on the appraised value of the property claimed.

For this purpose he shall present in open court or in chambers, to the judge of the court of probates wherein the succession has been opened, his petition, alleging under oath the sum due him or his ownership of the property described.

It shall be the duty of the judge, without further proceeding or delay, to issue his order commanding the testamentary executor to give the required security within thirty days from the service of the order. Should the testamentary executor, if present in the parish, or in his absence, his agent or attorney at law, fail to furnish the required security within the delay allowed, it shall ipso facto work an immediate removal of the testamentary executor, and the judge shall appoint a dative testamentary executor.

But the testamentary executor shall not be required to give security for an aggregate sum exceeding one-fourth over and above the amount of the inventory, bad debts deducted, and the securities may be furnished from any part of the State; and no proceeding under this article shall decide in any manner the merit of the claim against the succession.

SEC. 434. Article seventeen hundred and thirty-nine shall be amended so as to read as follows: "Either of the married couple may, either by marriage contract, or during the marriage, give to the other, in full property, all that he or she might give to a stranger."

SEC. 435. Article twenty-two hundred and ninety-four of the Civil Code of Louisiana, which reads "Every act whatever of man, that causes damage to another, obliges him by whose fault it happened to repair it," be re-enacted and amended so as to read: Every act whatever of man that causes damage to another, obliges him by whose fault it happened to repair it; the right of this action