provide for no on account of Sec. 1699. All licenses hereafter granted by this State, and Licenses to by all parishes and municipalities therein, to persons engaged in discrimination business or keeping places of public resort, shall contain the exrace or color. press condition that the place of business or public resort shall be open to the accommodation and patronage of all persons, without distinction 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 charter and li- closed, and he, moreover, shall be liable, at the suit of the person aggrieved, to such damages as he shall sustain thereby, before any court of competent jurisdiction. Persons violating forfeit able to action. may recover. D. Sec. 458. Sec. 1700. For a violation of any of the provisions of the Party injured 1697 and 1698 sections of this act, the party injured shall have a right of action to recover any damage, exemplary as well as actual, which he may sustain, before any court of competent jurisdiction. Duties of landlords and innkeepers. goods not de keeping. D. Sec. 459. Sec. 1701. Hereafter each and every landlord or keeper of a public inn or hotel in this State, shall be required to provide an iron chest or other safe deposit for valuable articles belonging to his guests or customers, and each landlord or hotel keeper shall keep posted upon his doors and other public places in his house of entertainment written or printed notices to his guests and customers, that they must leave their valuables with the landlord, his agent or clerk, for safe keeping, that he may make safe deposits of the same in the place provided for that purpose. C. C. 2968. Act 1860, p. 7. Sec. 1702. Such landlord, hotel or innkeeper as shall comply Not liable for with the requirements of the preceding section shall not be posited in their liable for any money, jewelry, watches, plate, or other things made of gold or silver, or of rare and precious stones, or for other valuable articles of such description as may be contained in small compass, which shall be abstracted or lost from any such public inn or hotel, if the same shall not be left with the landlord, his clerk or agent for deposit, unless such loss shall occur through the fraud or neglect of the landlord, or some clerk or servant employed by him in such inn or hotel; Provided, however, That the provisions of this section shall not apply to a wearing watch, or such other articles of jewelry as are ordinarily worn upon or about the person. Proviso. Boarding houses, hotels, etc. Provided. Sec. 1703. From the proprietor of each boarding-house, lodging-house, hotel, inn or tavern, a license shall be collected, graduated pro rata to the number of boarders or lodgers that they are prepared to accommodate, at the rate of fifty cents per annum for each lodger; Provided, That no keeper of a boarding-house, lodging-house, hotel, inn or tavern, shall pay less than twenty dollars per annum; Provided, further, That no keeper of a boarding-house, entertaining three or less boarders or lodgers, shall be subject to pay any license. The proprietor of each boarding-house, lodging-house, hotel, inn or tavern, shall deliver, at the beginning of each year, to the collector or assessor of his or her parish or district, a statement of the number of guests he or she is prepared to accommodate, said statement to be made under oath before a justice of the peace, and to be recorded by the collector in the office of the auditor of State. Act 1869, p. 146. Sec. 1704. Whoever shall be guilty of keeping any disorderly inn, tavern, ale-house, tippling-house, gaming-house or Disorderly brothel, shall suffer fine or imprisonment, or both, at the discre- houses. tion of the court, and the offender may likewise be adjudged to forfeit his license to keep a house of public resort or entertain ment. D. Sec. 908. Act 1855, p. 130. harboring demerchant ves Sec. 1705. If the keeper of any tavern, lodging or boarding- Keepers of house, shall knowingly receive, harbor, lodge or conceal any de- taverns, etc., serter from any merchant vessel, he shall, on conviction, pay a serters from fine of one hundred dollars, or be imprisoned not exceeding sels. thirty days. D. Sec. 909. HUSBAND AND WIFE. A special mortgage in Sec. 1706. When, by a marriage contract, the parties, being of age, shall agree that the legal mortgage of the wife shall exlieu of the gen- ist only on one or more immovables belonging to the husband, eral one, may the immovables and other property not included therein shall remain free and released from the legal mortgage of the wife. It shall not be lawful to stipulate that no mortgage whatever shall exist in favor of the wife for the dotal rights. be agreed on in the marriage contract. A special mortgage may be given during marriage. C. C. 2378; D. Sec. 2429. Act 1855, p. 308. Sec. 1707. During the marriage, the husband may, with the consent of his wife, if she be of age, be authorized by the judge, with the advice of five of the nearest relations of said wife, or friends for want of relations, to mortgage, specially for the preservation of his wife's rights, the immovables which he shall designate; and then the surplus of his property shall be free from any legal mortgage in favor of his wife. C. C. 2379; D. Sec. 2430. Sec. 1708. If the wife be a minor, the judge may still grant the authorization mentioned in the preceding section, provided If the wife be it be with the assent of a family meeting, composed as afore- assent of famsaid, and a curator ad hoc appointed to the wife. C. C. 2380; D. Sec. 2431. a minor, the ily meeting necessary. resident mar Sec. 1709. All property hereafter acquired in this State by Property acnon-resident married persons, whether the title thereto be in quired by nonthe name of either husband or wife, or in their joint names, shall ried persons to be subject to the same provisions of law which now regulate the community of community of acquets and gains between citizens of this State. acquets and belong to the gains. husband or C. C. 2400; D. Sec. 627, 8706. Act 1852, p. 200, § 1. Sec. 1710. In all cases hereafter, when either husband or The surviving wife shall die, leaving no ascendants or descendants, and with- wife to have out having disposed by last will and testament of his or her the usufruct share in the community property, such share shall be held by nity in certain the survivor in usufruct during his or her natural life. C. C. 2406 (2375); D. Sec. 628, 3707. Act 1844, p. 99, § 1. of the commu cases. are children property how Sec. 1711. In all cases when the predeceased husband or wife shall have left issue of the marriage with the survivor, and When there shall not have disposed by last will and testament, of his or her community share in the community property, the survivor shall hold in disposed of. usufruct, during his or her natural life, so much of the share of the deceased in said community property as may be inherited by such issue; Provided, however, That such usufruct shall cease whenever the survivor shall enter into a second marriage. D. Sec. 629, 3708. Sec. 1712. Article twenty-two hundred and sixty of the Civil Code of the State of Louisiana, be amended and re-enacted so tutes a compe as to read as follows: The competent witness of any covenant What constior fact, whatever it may be, in civil matters is a person of proper tent witness. understanding. The husband cannot be a witness for or against his wife nor the wife for or against her husband; but in any case where the Testimony of husband and wife may be joined as plaintiffs or defendants and husband and have a separate interest, they shall be competent witnesses for or against their separate interest therein. C. C. 2281 (2260); D. Sec. 437, 3961. Act 1868, p. 269. wife. tain cases con Sec. 1713. All married women in this State, over the age of twenty-one years, may, by and with the authorization of their Married womhusbands, borrow money or contract debts for their separate bene- en may in cerfit and advantage, and to secure the same, grant mortgages or tract debts and other securities affecting their separate estate, paraphernal or gages. dotal, provided it is done in the form and for the objects Proviso. presented in the following sections of this act. C. C. 126; D. Sec. 2432, 3981. Act 1855, p. 254. grant mort Sec. 1714. In carrying out the power to borrow money or contract debts, the wife, in order to bind herself or her separate Examination or dotal property, must be examined at chambers by the judge to be made by of the district or parish in which she resides, separate and apart from her husband, touching the objects for which the money is Certificate to certain cases to be present be granted in by the judge, ed to notary. to be borrowed or debt contracted, and if he shall ascertain Sec. 1715. In case the wife shall satisfy the judge aforesaid that the money about to be borrowed or debt contracted is solely for her separate advantage, or for the benefit of her separate or dotal property, then the judge shall furnish her with a certificate setting forth his having made such examination of the wife as is required by the foregoing section of this act, which certificate, on presentation to a notary, shall be his authority for drawing an act of mortgage, or other act which may be required for the security of the debt contracted, and shall be anAct to be full nexed to the act, which act, when executed as herein provided proof against for, shall furnish full proof against her and her heirs, and be as binding in law and equity in all courts of this State and have the same effect as if made by a femme sole. C. C. 128; D. Sec. 2434, 3983. her and heirs. Widows and unmarried Sec. 1716. It shall be lawful for the widows and unmarried women of age to bind themselves as sureties or indorsers for authorized to other persons, in the same manner and with the same validity as men who are of full age. women bind themselves. Manner in which married women may renounce in favor of third persons. Provided. C. C. 1782; D. Sec. 3739, 3984. Sec. 1717. Married women above the age of twenty-one years shall have the right, with the consent of their husbands, by act passed before a notary public, to renounce in favor of third persons their matrimonial, dotal, paraphernal and other rights; Provided, That the notary public, before receiving the signature of any married woman, shall detail in the act and explain verbally to said married woman out of the presence of her husband, the nature of her rights and of the contract she agrees to. C. C. 129; D. Sec. 2518, 3985. Sec. 1718. It shall be lawful for any married woman having Power of mar- a mortgage or privilege on the property of her husband, to apappoint agents point one or more agents, with power in her behalf during her ried women to in certain cases. temporary or permanent absence from the State, to intervene in any contract of mortgage or sale made by her husband, and sign in her behalf such renunciation of said mortgage or privilege as the wife herself might do, if personally present, and the said power may be either general or special, and may be executed in the United States before any judge or justice of the peace, or notary, or commissioners of this State, and in foreign countries, before any consul, vice consul, or consular or commercial agent of the United States. C. C. 130; D. Sec. 3986. |