Licenses to

riages, by

Sec. 2202. Licenses to celebrate marriages in the parish of Orleans shall be granted by the justices of the peace in and for celebrate inarsaid parish, and for the other parishes of the State, by the whom granted. clerks of the district courts.

Whenever a clerk shall be a party to a marriage, the license

shall be issued by the parish recorder.

C. C. 99; D. Sec. 462, 484, 2098. Act 1855, p. 310.

Sec. 2203. Any minister of the gospel, whether a citizen All ministers of the United States or not, may celebrate marriages in this may celebrate State upon complying with the regulations of the law.

C. C. 102 (101); D. Sec. 415.

Sec. 2204. No minister of the gospel, or other person, shall

marriages.

required to

be authorized to celebrate any marriage in this State, who shall Special license not previously have obtained a written special license for that celebrate marpurpose to him directed by the clerk of the district court, or riage. other person authorized to grant it, of the parish where the marriage is to be celebrated.

C. C. 104.

Sec. 2205. It shall be the duty of any minister of the gos

made by min

pel, or other person who shall celebrate a marriage, to make du- Return to be plicate acts of the celebration, signed by himself, by the parties, isters celebraand three witnesses, one of which acts he shall return, within a ting marriages. delay of thirty days, to the clerk or justice who granted the license, who shall file and record the same in his office.

C. C. 105 (107).

Penalty for

violating the

Sec. 2206. All violations of any of the provisions of the two provisions of preceding sections shall be punished by a fine not exceeding one thousand dollars.

this act.

District and

authorized to

Sec. 2207. The several judges of the district and parish parish judges courts in this State, shall be authorized to celebrate marriages, celebrate mar- under the same regulations and penalties as are now prescribed riages. for justices of the peace.

Justices authorized to

D. Sec. 484, 1937. Act 1855, p. 260.

Sec. 2208. Justices of the peace may celebrate marriages celebrate mar- within their respective parishes.

riages.

D. Sec. 2018. Act 1855, p. 479.

Sec. 2209. The articles of the Civil Code, 101 and 102, shall Resident min- be so construed that any priest or minister of a religious sect, isters may cel- domiciliated within the State of Louisiana, shall have the right riages in any of celebrating marriages in any one of the parishes of this State;

ebrate mar

parish.

Bigamy.

Notaries in West Feliciana authorized

and it shall no longer be required that the said priest or minister of a religious sect shall reside in the parish where he celebrates or performs the marriage ceremony.

C. C. 101 (105), 102 (101); D. Sec. 415. Act 1842, p. 204. Sec. 2210. If any married person shall marry, the former husband or wife being alive, the one so offending shall, on conviction, 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, 1720.

Sec. 2211. From and after the passage of this act, the regu larly commissioned notaries of this State, in and for the parish of West Feliciana, during their term of office, shall be empow to perform the ered to perform within said parish the ceremony of marriage, under the formalities required by law, and said ceremony, when performed by them, shall have the same legal effect as when performed by any other person or persons authorized by exist ing laws to perform the same.

ceremony of marriage.

religious mar

riages.

Act 1850, p. 42.

Sec. 2212. All private or religious marriages contracted in Legalization of this State at any time previous to the passage of this act shal! private or be deemed valid and binding and as having the same force and effect as if said marriages had been contracted with all the formalities and forms prescribed by the laws then existing; Previded, That at any time within two years from the date of this 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

Provided.

officer, if they reside in another State, or before a United States ambassador, chargé d'affairs 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 legitimated 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.

D. Sec. 2174. Act 1868, p. 278.

Sec. 2213. All marriages duly legalized as aforesaid, shall have, from the date on which they were privately or religiously Marriages thus 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 and effect. 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. 2175.

law of acquets

Sec. 2214. All marriages legalized, as aforesaid, shall be deemed contracted under the law of community of acquets and Benefits of the gains, unless other stipulations authorized by existing laws are and gains. agreed to between the parties and embodied in the authentic act legalizing their marriages; Provided, that any other stipula- Provided. tion than that 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 2212th section of this act.

D. Sec. 2176.

of race or

Sec. 2215. The said right of making private or religious marriages legal, valid and binding, as aforesaid, shall apply to No distinction marriages 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. 2177.

tofore living

man and wife.

Sec. 2216. Any parties who at any time previous to the passage of this act have lived together as man and wife, and who Parties heredesire to contract a legal marriage, shall be entitled to the together as benefit of the provisions of this law, and the issue of such cohabitation shall be hereby legitimated upon the parties complying with the foregoing requirements, subject, however, to the exceptions contained in section 2212.

C. C. 90 (91); D. Sec. 2178.

Appointment

Sec. 2217. It shall be lawful for the governor to appoint, as often as shall be necessary, by and with the advice and consent of master and of the senate, one fit and proper person to be master, and three other fit and proper persons to be wardens of the port of New Orleans, who shall be called the master and wardens of the port of New Orleans, who shall hold their offices two years from the date of their appointment.

wardens of the port of New Orleans.

Their term of office.

D. Sec. 1652. Act 1855, p. 489.

Sec. 2218. The master and wardens shall keep an office in Ofice, where the city of New Orleans, and shall cause to be made, in a boos to be kept for that purpose, an entry of all their proceedings, kept by them. to which all persons may have access.

kept.

Book to be

of wardens.

Sec. 2219. The master and wardens, or any one of them. Certain duties shall, if called upon by the person commanding any ship or vessel arriving from sea, inspect the manner in which the hatches of such ship or vessel were secured previous to the opening thereof for the purpose of discharge, and shall be

present at the opening of the same; and shall, upon every such survey, certify under his hand how the hatches appeared to him;

icate.

for which certificate he shall be entitled to two dollars, and for Fees for certif every duplicate thereof one dollar.

terested in any

with any

cases.

Sec. 2220. Neither the master nor any of the wardens afore- Not to be insaid shall be concerned, directly or indirectly, in any pilot boat pilot boat, or or with any branch pilot in respect to the business of his trust. branch pilot. Sec. 2221. Whenever goods and merchandise, damaged on board of vessels arriving from sea, belong to different proprie- Fees in certain tors, but are addressed to the same consignee, it shall be lawful for the wardens who shall have inspected the same, and ordered and attended the sale of such damaged goods at auction, to demand and receive distinct fees for such property, so surveyed and sold, provided the consignee shall require different sets of certificates for each.

Sec. 2222. The wardens of the port of New Orleans may appoint deputies and clerks, but the deputies and clerks shall Deputies. take the oath prescribed by the constitution and laws, and shall be sworn truly and faithfully to perform the duties imposed Oath to be on the wardens of the port of New Orleans; and the said wardens shall be responsible for the acts of their deputies.

taken by them.

Goods not to

be sold, except

the order of

the wardens.

Sec. 2223. No damaged goods brought to the port of New Orleans by any sea-going vessel, shall be sold at public auction, except under the order and supervision of the master and war- by dens of the port of New Orleans, and any auctioneer selling any such goods without said order, shall be subject to a fine of fifty dollars, to be sued for and paid over, as provided in the previous section.

Act 1865, p. 26.

parties can be

wardens to

Sec. 2224. Nothing in this act shall in any manner pre- Reclamation vent all parties interested in any damaged goods, arriving at the by interested port of New Orleans, from compromising all claims for damage made. without a sale, even when ordered by the master and wardens. Sec. 2225. It shall be the duty of the master and wardens of the port of New Orleans, or any one of them, on being re- Master and quired by the captain or other interested party to proceed on board and exboard of any sea-going vessel, river steamboat or barge, and amine vessels. examine the hatches or stowage, and condition of the cargo, and shall cause to be made in a book kept for that purpose a record of all their proceedings, to which all persons may have access, and said master and wardens, for every survey of hatches, shall be entitled to demand and receive five dollars; for every subsequent survey of cargo, three dollars; and for each certificate issued, one dollar.

Act 1868, p. 22.

ed in presence

Sec. 2226. If, after the arrival in port of any sea-going vessel, the hatches shall be first opened without a member of Hatches openthe board of wardens being present, and the cargo or any part of a warden. thereof shall come from on shipboard in a damaged condition, these facts shall be presumptive evidence that such damage