shall survive in cases of death in favor of the minor children and widow of the deceased or either of them, and in default of these in favor of the surviving father and mother or either of them, for the space of one year from the death." 1844-14. SEC. 436. The article two thousand three hundred and four, shall be amended so as to make the English of said article correspond Art. 2304. with the French, and so as to make cotrespassers liable in solido. SEC. 437. Article twenty-two hundred and sixty of the Civil Code of the State of Louisiana be amended and re-enacted so as to 1968-269, read as follows: The competent witness of any covenant or fact, Art. 2260. whatever it may be in civil matters, is a person of proper under· standing. The husband can not be a witness for or against his wife nor the wife for or against her husband, but in any case where the husband and wife may be joined as plaintiffs or defendants and have a separate interest, they shall be competent witnesses for or against their separate interest therein. 1867-141. SEC. 438. Article twenty-two hundred and sixty-one of the Civil Code of the State of Louisiana be and the same is hereby amended Art. 2261, and re-enacted, so as to read as follows, to wit: The circumstance of a witness being a relation, a party to the cause interested in the result of the suit, or in the actual service or salary of one of the parties, is not a sufficient cause to consider the witness as incompetent, but may, according to circumstances, diminish the extent of his credibility. 1843-51. SEC. 439. Article three thousand five hundred and fifty-three shall be so amended that the opinion of the majority of the credi- Art. 3553. tors, in number and amount, shall prevail. 1867-351. SEC 440. Article three thousand one hundred and eighty-four of the Civil Code of the State of Louisiana be amended and re-enacted Art. 3184 30 as to read as follows: ARTICLE 318. The debts which are privileged on certain movables are the following: First-The appointments or salaries of the overseer for the current year, on the crops of the year, and the proceeds thereof, debts due for necessary supplies furnished to any farm or plantation, and debts due for money actually advanced, and used for the purchase of necessary supplies, and the payment of necessary expenses for any farm or plantation on the crops of the year and the proceeds thereof. Second-The debts of a workman or artisan for the price of his labor on the movables which he has repaired or made, if the thing still continues in his possession. Third-The rents of immovables and the wages of laborers working the same, on the crops of the year, and on the furniture which is found in the house let, or on the farm, and on every thing that serves to the working of the farm. Fourth-The debt on pledge which is in the creditor's possession. Fifth--That of a depositor or the price of the sale of the thing deposited. Sarth-The debt due for money laid out in preserving the thing. Seventh-The price due on movable effects, if they are in the possession of the purchaser. Eighth-The things which have been furnished by an innkeeper In the property of the traveler which has been carried to his inn. 89 current. Ninth. The carrier's charges, and the accessory expenses on the thing carried, including necessary charges and expenses paid by carriers, such as taxes, storage and privileged claims required to be paid before moving the thing; and in case the thing carried be lost or destroyed, without the fault of the carrier, this privilege for money paid by the carrier shall attach to the insurance effected on the thing for the benefit of the owner, provided, written notice of the amount so paid by the carrier, and for whose account, with a description of the property lost or destroyed, be given to the insurer or his agent within thirty days after the loss; or, if it be impracticable to give the notice in that time, it shall be sufficient to give the notice at any time before the money is paid over. SEC. 441. The privileges hereinbefore granted to the oversee Privileges con- the laborers and furnishers of supplies and the party advancing money necessary to carry on any farm or plantation, shall be concurrent and shall not be divested by any prior mortgage, whether conventional, legal or judicial, or by any scizur d sale of the land, while the crop is on it. SEC. 442. All the privileges granted by this act on the growing Laborer's privi- crop in favor of the class of persons entioned, shall be concurrent, except that in favor of the laborer, which shall be ranked as the first privilege on the crop. lege to rank first 1841-22. 1841-58. Art. 3214 1852-171. Art. 3316. 1868-167. Art. 3216. SEC. 443. Article three thousand two hundred and fourteen shall be so amended that every consignee, commission merchant, agent or factor, shall have a privilege preferred to any attaching creditor o the goods consigned to him for any balance due to him, whether specially advanced on said goods or not, provide they, or an invoice or bill of lading, have been received by him previon to the attachment. The privilege established by this section shall not have a preference over a privilege pre-existing in behalf of a resident creditor of this State. SEC. 444. Whenever the widow or minor children of a deccased person, shall be left in necessitous circumstances, and not possess in their own right property to the amount of one thousand dollars, the widow or the legal representatives of the childre shall be entitled to demand and receive from the succession of their deceased father or husband, a sum, which, added to the amount of property owned by them or either of them, in their own right, will make up the sum of one thousand dollars, and which said amount shall be paid in preference to all other debts, except those for the vendor's privilege, and expenses incurred in selling the property. The surviving widow shall have and enjoy the usufruct of the money so received from her deceased husband's succession, during her widowhood; afterward to vest in, and belong to the children or other descendants of said deceased. SEC. 415. Article three thousand two hundred and sixteen of the Civil Code of Louisiana be amended and re-enacted as follows: Creditors who have a privilege on immovables are: First. The vendor on the estate by him sold for the payment of the price, or so much of it as is unpaid, whether it was sold on or without a credit. Second.-Architects, undertakers, bricklayers, painters, master builders, contractors, sub-contractors, journeymen, laborers, cartmen and other workmen, employed in constructing, rebuilding or repairing houses, buildings or making other works. Third.-Those who have supplied the owner or other person employed by the owner or his agent, or sub-contractor, with materials of any kind for the construction or repairs of an edifice or other work which has been used in the erection or repair of such houses or other works. The above named parties shall have a lien and privilege upon the building, improvement or other work erected, and upon the lot of ground, not exceeding one acre, upon which the building, improve-. ments and other works shall be erected; Provided, The said lot of ground belongs to the person having such building, improvements and other works erected; and if such buildings, improvements and other works are caused to be erected by a lessee of the lot of ground, in that case the privilege shall exist only against the lease, and shall not affect the owner. Fourth-Those who have worked by the job in the manner directed by law or by regulation of the police in making or repairing the levees, bridges, ditches and roads of a proprietor on the land, the levees, bridges and roads over which have been made or repaired. SEC. 446. Article three thousand two hundred and thirty-nine 1868-167. (3239) of the Civil Code of Louisiana be amended and re-enacted Art. 3239. to read as follows: Architects, undertakers, bricklayers, painters, master builders, contractors, sub-contractors, journeymen, laborers, cartmen and other workmen employed in constructing, rebuilding or repairing houses, buildings or making other works, those who have supplied the owner or other person employed by the owner or his agent or sub-contractor with material of any kind for the construction or repairs of any edifice or other work; those who have contracted in the manner provided by the police regulations to make or put in repair the levees, bridges, canals and roads of a proprietor, preserve their privileges only in so far as they have recorded with the register of privileges in the parish where the property is situated, the act containing the bargain they have made, or a detailed statement of the amount due, attested under the oath of the party doing or having the work done, or the acknowledgment of what is due to them by the debtor. 1868-167. SEC. 447. Article three thousand two hundred and forty of the Civil Code of Louisiana be amended and re-enacted so as to read as Art. 3240. follows: The privileges enumerated in the two preceding articles are valid against third persons from the date of the recording of the act, or evidence of indebtedness; as provided for in the foregoing article, those privileges shall be concurrent. SEC. 448. Article three thousand three hundred and nineteen is repealed. 1831-88-2. Art. 3319. SEC. 449. The parties to a notarial act may, by written clause in the act, dispense with the certificate of mortgage required by article 1845-55. three thousand three hundred and twenty-eight of the Civil Code, Art. 3328, and the notary or parish recorder shall not in such case be entitled to charge for such certificate. SEC. 450. Article three thousand three hundred and thirty-three is hereby amended so that the rule requiring the reinscription of 1842-232. mortgages, at the expiration of ten years from date of their registry, Art. 3333. shall not apply to the mortgages which have been or may be given by the stockholders of the various property banks of this State. 1913-54 1853-159. 1826-162. Arts. 3351 and 3354. 1848 60. Art. 3120. 1850-90. Art. 3503. 1852-90. Art. 3505. 1853-250. Art. 3508. Article three thousand three hundred and thirty-three of the Civil Code shall be so amended that it shall be the duty of the recorder of mortgages, or person acting as such, to cancel and erase, on the simple application in writing to that effect, by the owner, creditor of the owner, or other party interested, all inscriptions of mortgages which have existed, or may exist on their record for a period exceeding ten years without a renewal of such inscription; Provided, however, That this section shall not apply to mortgages against husbands, for the dotal and other claims of their wives, to mortgages against tutors and curators, in favor of minors, interdicted or absent persons, nor to mortgages in favor of the property banks. The re-inscription of mortgages required by article three thousand three hundred and thirty-three of the Civil Code shall not apply to mortgages now recorded, or which may hereafter be given and recorded in favor of the commissioners of the Poydras legacy, out of the funds bequeathed by the late Julien Poydas to the indigent girls of the parishes of West Baton Rouge and Pointe Coupée. SEC. 451. It shall be the duty of the recorder of mortgages for the parish of Orleans, as well as of the several parish recorders, always to keep open to the inspection of every person who may wish to examine the same during the regular office hours, the register of mortgages and privileges. SEC. 452. The laws of prescription now existing, whereby absentecs and non-residents of the State are entitled to longer periods than persons present or residents in the State, before prescription can be acquired against them are abolished; and hereafter, absentees or non-residents of the State are to stand on the same footing, in relation to the laws of prescription, as persons present or residents of the State; Provide, That this section shall not apply to any prescription of one year or less. SEC. 453. The accounts of retailers of provisions and liquors, and the accounts of all merchants, whether selling by wholesale or retail, within this State, shall be prescribed by the lapse of three. years from the time the articles charged shall have been furnished to the purchaser; Provided, The above shall not apply to retail vendors of ardent spirits in less quantity than one quart. All open accounts, the prescription of which is ten years under existing laws, shall be prescribed by three years. SEC. 454. All promissory notes, whether the same be negotiable otherwise, shall be prescribed by five years. SEC. 455. Hereafter, all judgments for money, whether rendered within or without the State, shall be prescribed by the lapse of ten years from the rendition of such judgment; Provided, however, That any party interested in any judgment may have the same revived at any time before it is prescribed, by having a citation issued according to law, to the defendant or his representative, from the court which rendered the judgment; and if he be absent, the court may appoint a curator ad hoc to represent him in the proceedings, upon whom the citation shall be served, unless the defendant or his representative shows good cause why the judgment should not be revived. Any judgment revived as above provided, shall continue in full force for ten years from the date of the order of court reviving the same; and any judgment may be revived as herein provided for, as often as the party interested may desire. CIVIL RIGHTS. SECTION. SECTION. Common carriers may make rules and regulations....... Not to discriminate on account of 456 race or color..... 456 Licenses to provide for no discrim- color...... 458 Penalty for violation of this law... 458 Admission to places of public resort 457 | Party injured entitled to damages.. 450 Common carriers may make regulations. SEC. 456. All persons engaged within this State in the business of common carriers of passengers shall have the right to refuse to 1869-37. admit any person to their railroad cars, street cars, steamboats or other water crafts, coaches, omnibusses, or other vehicles, or to expel rules and any person therefrom after admission, when such person shall, on demand, refuse or neglect to pay the customary fare, or when such person shall be of infamous character, or shall be guilty, after admission to the conveyance of the carrier, of gross, vulgar or disorderly conduct, or shall commit any act tending to injure the business of the carrier, prescribed for the management of his business after such rules and regulations shall have been made known; Provided, Said rules and regulations make no discrimina- Not to distion on account of race or color, and they shall have the right to account of race refuse any person admission to such conveyance when there is not or color. room or suitable accommodations; and except in cases above enumerated, all persons engaged in the business of common carriers of passengers are forbidden to refuse admission to their conveyance, or expel any person therefrom whomsoever. criminate on SEC. 457. Except in the cases enumerated in section four hun- Admission to dred and fifty-six of this act, no person shall be refused admission places of public to or entertainment at any public inn, hotel or place of public resort within the State. resort. discrimination SEC. 458. All licenses hereafter granted by this State, and by all parishes and municipalities therein, to persons engaged in business Licenses to or keeping places of public resort, shall contain the express condi- provide for no tion that the place of business or public resort shall be open to on account of the accommodation and patronage of all persons without distinc- race color. tion or discrimination on account of race or color, and any person who shall violate the condition of such license shall, on conviction thereof, be punished by forfeiture of his license, and his place of business or of public resort shall be closed; and, moreover, he shall Penalty for be liable at the suit of the person aggrieved, to such damages as he law. shall sustain thereby, before any court of competent jurisdiction. violation of this entitled to SEC. 459. For a violation of any of the provisions of the four hundred and fifty-sixth and four hundred and fifty-seventh sections Party injured of this act, the party injured shall have a right of action to recover damages. any damages, exemplary as well as actual, which he may sustain before any court of competent jurisdiction. |