discharge or of his death, in order to prove his identity, a copy of which descriptive list shall be annexed to the biennial report of the Board to the General Assembly, and also a statement exhibiting the nature of the disease attended to at said hospital during the preceding two years; the number of patients admitted in the course of the two preceding years, the number of persons dead, cured or discharged from the hospital for any other cause, the number of them born therein, and the number remaining in the hospital at the end of said preceding two years. (Amd. Act 102, 1886, p. 187.)

Administrative Powers of Board..

835. [Sec. 6.] Said Board shall have power and authority to manage and administer the affairs of said hospital, to repair and improve its property, of whatever nature and kind, to rent and lease the same, and to enter into any kind or nature of contracts, for the best advantage of said institution; to adopt, in behalf of said hospital, all donations and legacies, under any and all title whatsoever, which may be made by private or public instrument of writing, by codicil, will, or in any other manner; provided, that the title to any property, real or personal, purchased for the use of or donated to and accepted for the use of said hospital, shall vest in and belong to the State of Louisiana, for the sole and exclusive use and benefit of the Charity Hospital of Shreveport; and by a vote of two-thirds of the members of the Board, to loan and mortgage any part or portion of the real estate of said hospital, as also to sell so much of said property as may be necessary to purchase, build or improve a hospital of dimensions and size adequate to the object of the institution. The said Board shall have the right to sue and be sued, implead or be impleaded, in any suits and actions, before any court of this State. The president of the Board is hereby designated as the person on whom all legal notices are to be made which may be made on him personally, or be left at the office of the company.

CIRCUSES.

836. [Act 235, 1914, p. 465.] All circuses to which the attendance of the public of more than one race is invited or expected shall provide for the convenience of its patrons not less

than two ticket offices with individual ticket sellers, and not less than two entrances to the said performance, with individual ticket takers, and in the cases of circuses or other traveling shows giving an open air or tent performance, the said ticket offices shall be not less than twenty feet apart, and the said separate entrances not less than twenty-five feet apart; in every case one of the said ticket offices and one of the said entrances to be used exclusively by persons of the white race, another ticket office and entrance to be used exclusively by persons of the colored or negro race.

CIVIL CODE AMENDMENTS.

HUSBAND AND WIFE.

Prohibited Degrees.

837. [Art. 94.] Marriage between persons related to each other in the direct ascending or descending line is prohibited. This prohibition is not confined to legitimate children, it extends also to children born out of marriage. Marriage between white persons and persons of color is prohibited, and the celebration of all such marriages is forbidden and such celebration carries with it no effect and is null and void. (Amd. Act 54, 1894, p. 63.)

The child of a woman slave by a white man cannot inherit the mother's succession opened in Louisiana since the adoption of Act 54 of 1894, Sucn. Davis, 126 La. 178.

This law does not repeal C. C. 200, and there is no prohibition upon the legitimation of children born prior to the passage of the act, Sucn. Yoist, 132 La. 309.

838. [Art. 95.] Among collateral relations, marriage is prohibited between brother and sister, whether of the whole or the half blood, whether legitimate or illegitimate, between uncle and niece, between aunt and nephew, and also between first cousins.

No marriage contracted in contravention of the above provisions in another State by citizens of this State, without first having acquired a domicile out of this State, shall have any legal effect in this State.

No officer whose duty it is to issue a marriage license shall do so until he shall have received an affidavit from one of the parties to be married to the effect that he or she is not related to

the other party within the degree prohibited hereinbefore. (Amd. Act 9, 1902, p. 18.)

The marriage of first cousins is not incest, State vs. Couvillon, 117 La. 935.

License.

839. [Art. 99.] Licenses to celebrate marriages in the parish of Orleans shall be granted by the Board of Health and Judges of the City Courts, in and for the said parish, and in the other parishes of the State by the Clerks of the Courts, unless the Clerk himself should be a party to the marriage, when the license shall be granted by the District Judge.

All marriage licenses shall be issued in duplicate. (Amd. Act 25, 1882, p. 40.)

Marriages May Be Impeached by Whom.

840. [Art. 113.] Every marriage contracted under the other incapacities or nullities enumerated in the second chapter of this title may be impeached either by the married persons themselves, or by any person interested, or by the Attorney General; however, first, that marriages heretobefore contracted between persons related within the prohibited degrees either or both of whom were then and afterwards domiciled in this State, and were prohibited from inter-marrying here, shall nevertheless be deemed valid in this State, where such marriages were celebrated in other States or countries under the laws of which they were not prohibited; second, that marriages hereafter contracted between persons, either or both of whom were domiciled in this State and are forbidden to intermarry shall not be deemed valid in this State, because contracted in another State or county where such marriages are not prohibited, if the parties after such marriage, return to reside permanently in this State. (Amd. Act 54, 1912, p. 64.)

Suit for Nullity.

841. [Art. 116.] A married person to whose prejudice a second marriage has been contracted can sue for the nullity of such marriage, even during the life of the other party with whom he or she had contracted the first marriage. In case the second marriage has been contracted in this State and the defendant has left the State, an attorney shall be appointed by the court to represent the absent defendant. (Amd. Act 150, 1906, p. 254.)

Divorce.

842. [Art. 139.] Married persons may also reciprocally claim a divorce for the several causes enumerated in article one hundred and thirty-eight; but, except in cases where the husband or wife may have been sentenced to an infamous punishment, or guilty of adultery, no divorce shall be granted unless a judgment of separation from bed and board shall have been rendered between the parties, and one year shall have expired from the date of the judgment of separation from bed and board, and no reconciliation shall have taken place. In the cases excepted above a judgment of divorce may be granted in the same decree which pronounces the separation from bed and board. (Amd. Act 122, 1877, E. S., p. 192.)

Blanchard vs. Bailleux, 37 A. 127; Bates vs. Behan, 35 A. 872; Daspit vs. Ehringer, 32 A. 1174; Hill vs. Hill, 114 La. 117.

Provisional Keeping of Children.

843. [Art. 146.] If there are children of the marriage, whose provisional keeping is claimed by both husband and wife, the suit being yet pending and undecided, it shall be granted to the wife, whether plaintiff or defendant; unless there should be strong reasons to deprive her of it, either in whole or in part, the decision whereof is left to the discretion of the Judge. (Amd. Act 124, 1888, p. 185.)

MINORS AND THEIR TUTORSHIP.

Step-Father as Co-Tutor.

844. [Art. 255.] When the family meeting shall retain the mother in the tutorship, her second husband becomes of necessity the co-tutor, who, for the administration of the property, subsequently to his marriage, becomes bound in solido with his wife, and his estate shall be legally mortgaged as a security for that responsibility, from the day of his marriage; provided, the evidence of such mortgage against the said co-tutor be recorded according to the law now regulating the registry of mortgages against tutors, before the proceedings of the family meeting can be homologated; and provided further, that if said registry is not so made, then the tutrix and her husband shall come under the provisions of the preceding article. (Amd. Act 18, 1882, p. 13.)

Barbin vs Schwartzenberg, 110 La. 467.

Exclusion of Father.

845. [Art. 305.] No cause of exclusion or removal is applicable to the father, except the following: First-Unfaithfulness of his administration. Second-Notoriously bad conduct. Third-Abandonment of his children and failure to support and maintain them for more than one year. (Amd. Act 82, 1880, p. 107.)

In re Alexander, 127 La. 853.

Adjudication to Parent.

846. [Art. 343.] Whenever the parent of a minor has property in common with him, the parent can cause the share of the minor either in the whole of the property or in any part thereof to be adjudicated to the parent at the price of an estimation made under oath by experts appointed by the Judge, provided that a family meeting duly assembled shall declare that the adjudication is for the interest of the minor and the under tutor shall give his consent thereto. When the property is an immovable, the share of the minor which shall have been adjudicated shall remain specially mortgaged in the minor's favor to secure the payment of the price of adjudication, in principal and interest. (Amd. Act 78, 1914, p. 195.)

Leasing Minor's Property.

847. [Art. 346.] If among the property of the minor there be any which it may be necessary to work, as a plantation or a manufactory, the tutor shall not be bound to administer them or to cause them to be administered, but he shall be permitted to let them for an annual rent proportioned to their value. The lease may be made at public auction or by private act with the approval of the Judge. (Amd. Act 65, 1876, p. 106.)

Emancipation by Marriage.

848. [Art. 382.] [Art. 382.] The minor emancipated by marriage, does not need the assistance of a curator in any act or proceeding; provided that whenever a minor emancipated by marriage shall reach the age of eighteen years the said minor shall be relieved from all of the disabilities which attach to minors and with full power to do and perform all acts as fully as if the said minor had arrived at the age of twenty-one years. (Amd. Act 224, 1908, p. 341.)