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necessary to

purpose, the title of the laws, which shall have been directed to of courts not them, together with the day on which they shall have received their promulthem, shall not be considered as necessary to the promulgation gation. of such laws.

C. C. 4; D. Sec. 413. Act 1827, p. 172, § 2.

Sec. 2171. The published statutes and digests of other States The statutes shall be received in the courts of this State as prima facie evi- other States to and digests of dence of the statute laws of the States from which they pur- evidence. be admitted port to emanate.

D. Sec. 1440. Act 1855, p. 208.

law of Eng

as

Sec. 2172. All crimes, offenses and misdemeanors shall be aken, intended and construed, according to, and in conformity The common with, the common law of England; and the forms of indict- land adopted. nent (divested however of unnecessary prolixity) the method of trial, the rules of evidence, and all other proceedings whatoever in the prosecution of the crimes, offenses and misdeneanors, changing what ought to be changed, shall be according to common law, unless otherwise provided.

D. Sec. 976. Act 1805, p. 440, § 33.

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Provided.

Sec. 2173. That 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hundred and seventeen as abolishes all other modes of legitimation except that by marriage, be, and the same is hereby repealed, and that law seventh, title fifteenth, of the fourth Partidas, which was repealed by said article of the Code, be and the same is hereby revived; and that natural fathers and mothers shall have power to legitimate their natural children, by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.

Another way of legitimating natural children is, where a father declares by 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 acknowledg ment 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 ac knowledges one of them only in writing, in the manner above 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 legiti mated, can inherit both the estates of their fathers and other relations.

C. C. 198 (217), 200; D. Sec. 419. Act 1831, p. 86. 4th Partidas, Law 7, title 15.

private or re

Sec. 2174. All private or religious marriages contracted in this State, at any time previous to the passage of this act, shall Legalization of be deemed valid and binding, and as having the same force and ligious mareffect as if said marriages had been contracted with all the for- riages. malities and forms prescribed by the laws then existing; Provided, That at any time within two years from the date of this Provided. act the parties having contracted such private or religious marriages shall, by an authentic act before a duly commissioned notary public, if they reside in the State, or before a competent officer, if they reside in another State, or before a United States ambassador, chargé d'affaires, or consul or vice consul, if they reside in a foreign country, make a declaration of their marriage, the date on which it was contracted, the names, sex and ages of the children born of said marriages, acknowledging said children as their legitimate offspring, and in accepting the benefit of this act bind and obligate themselves to perform all the duties and to assume all the obligations imposed by existing laws in relation to civil marriages, and to abide by the same; And provided, That no marriage shall be ratified, nor the issue of such marriage legitimatized by or according to the provisions of this act, when there existed, at the date of such private or religious marriage, or at any time since, any other legal impediment to the marriage of the parties to the private or religious marriage than that of race or color.

C. C. 104; D. Sec. 2212. Act 1868, p. 278.

and effect.

Sec. 2175. All marriages, duly legalized as aforesaid, shall have, from the date on which they were privately or religiously Marriages thus legalized to contracted, full force and effect as if they had been contracted have full force with all the formalities and forms required by the then existing laws, and the children born of said marriages and acknowledged as aforesaid, shall have and enjoy all the rights and privileges granted by existing laws to legitimate children.

D. Sec. 2213.

Sec. 2176. All marriages legalized as aforesaid shall be deemed

contracted under the law of community of acquets and gains, Benefits of the unless other stipulations authorized by existing laws are agreed law of acquets between the parties and embodied in the authentic act legalizing

their marriages; Provided, That any other stipulation than that Provided. of community of acquets and gains shall only have effect from and after the date of the authentic act making the marriage legal and valid in law, as provided in the 2174th section of this act.

D. Sec. 2214.

of race or

Sec. 2177. The said right of making private or religious marriages legal, valid and binding, as aforesaid, shall apply to mar- No distinction riages of all persons of whatever race or color, as well as to color. marriages formerly prohibited by article ninety-five of the Civil Code of Louisiana, or by any other article of said Code, or by any law of the State.

D. Sec. 414, 2215.

Parties here

tofore living together as

Sec. 2178. Any parties who, at any time previous to the pas sage of this act, have lived together as man and wife, and who desire to contract a legal marriage, shall be entitled to the beneman and wife. fit of the provisions of this law, and the issue of such cohabita tion shall be hereby legitimatized upon the parties complying with the foregoing requirements, subject, however, to the exceptions contained in section 2174.

C. C. 90 (91); D. Sec. 2216.

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Certain inventory to be made in
the presence of the secretary of
State and treasurer,. . . . . 2182

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Library free for all citizens of the

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Duties and responsibilities of the
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Number of copies of the inventory, 2183 PURCHASE AND DISTRIBUTION OF CER

Books, papers, etc., to be placed

under the charge of the librarian, 2184 Catalogues, by whom made, . . . 2185 Rules to be established by the secretary of State,

TAIN BOOKS.

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Library kept open during certain hours,.

Exchange with other governments, 2197
Disposition of books not distribu-

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Sec. 2179. There shall be established a public library of the State library State of Louisiana, which shall be placed in the State house.

Act 1855, p. 459.

established.

Sec. 2180. It shall be the duty of the secretary of State annually to appoint a competent person as librarian, who shall State librareceive, in full compensation for his services, on his own war- appointed. rant, the sum of twelve hundred dollars per annum, payable

quarterly.

D. Sec. 8494.

[No. 51. An Act to repeal and re-enact sections 2180, 2187 and 2188 of the Revised Statutes of the State of Louisiana.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana in General Assembly convened, That section 2180 of the Revised Statutes be and the same is hereby repealed, and re-enacted as follows: It shall be the duty of the secretary of State, immediately after the passage of this act, to employ a competent librarian at an annual salary not to exceed two thousand dollars, and an assistant librarian at an annual salary not to exceed eighteen hundred dollars, and both librarian and assistant shall be required to enter into good and solvent bond in the sum of five thousand dollars, with the governor of the State, for the faithful performance of their respective duties.

SEC. 2. Be it further enacted, etc., That section 2187 is hereby repealed and re-enacted as follows: It shall be the duty of the librarian to attend every day, Sundays and legal holidays

rian, by whom

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