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. Sec. 1706. When, by a marriage contract, the parties, being of age, shall agree that the legal mortgage of the wife shall exist only on one or more immovables belonging to the husband, 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. C. C. 2878; 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 pres ervation 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. 2481. a minor, the ily meeting necessary. resident mar belong to the community of acquets and gains. 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 acquets and gains between citizens of this State. C. C. 2400; D. Sec. 627, 3706. 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 without 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. husband or wife to have of the commu cases. are children property how C. C. 2406 (2375); D. Sec. 628, 3707. Act 1844, p. 99, § 1. 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 wife. 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. 487, 3961. Act 1868, p. 269. 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 2 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 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 ( be granted in certain cases by the judge, to be presented to notary. to be borrowed or debt contracted, and if he shall ascertain Sec. 1715. In case the wife shall satisfy the judge aforesaid Certificate to 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 annexed to the act, which act, when executed as herein provided 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. Act to be full proof against her and heirs. Widows and unmarried C. C. 128; D. Sec. 2434, 3983. 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 persons. Provided, C. C. 1782; D. Sec. 8739, 3984. Sec. 1717. Married women above the age of twenty-one years shall have the right, with the consent of their husbands, favor of third 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 mat- 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. 180; D. Sec. 3986. ration may be domiciliated tain cases. Sec. 1719. Whenever a marriage shall have been contracted in this State, and the husband, after such marriage, shall remove Suits for sepaor shall have removed to a foreign country with his said wife, brought when if said husband shall behave or shall have behaved towards his the husband is wife in said foreign country in such a manner as would entitle abroad, in cerher, under our laws, to demand a separation of bed and board, or a separation of property, it shall be lawful for her, on returning to the domicile where the marriage was contracted, to institute a suit there against her said husband for the purposes above mentioned, in the same manner as if they were still domiciliated in said place, any law to the contrary notwithstanding. In such cases an attorney shall be appointed by the An attorney to court to represent the absent defendant; the plaintiff shall be be appointed entitled to all the remedies and conservatory measures granted the husband. by law to married women, and the judgment shall have force and effect in the same manner as if the parties had never left the State. C. C. 2487; D. Sec. 1198. Act 1855, p. 9. to represent Sec. 1720. If any married person shall marry, the former husband or wife being alive, the one so offending shall, on con- Bigamy, viction, pay a fine not exceeding five hundred dollars, and be imprisoned not exceeding two years. The provisions of this section shall not extend to any person whose husband or wife shall absent him or herself from the other, for the space of five years, the one not knowing the other to be living within that time, nor to any person who shall be at the time of such marriage divorced by competent authority, nor to any person whose former marriage by sentence of competent authority shall have been declared void. C. C. 80 (81); D. Sec, 800, 2210. |