Adoption.

Emancipation.
Divorce.

CONSTITUTIONAL PROVISION.

ART. 113. The General Assembly may enact general laws regulating the adoption of children, emancipation of minors, and the granting of divorces; but no special law shall be passed relating to particular or individual cases.

1865-130. Adoption permitted.

court.

ADOPTION OF MINORS.

1. [SEC. 2322.] Adoption, heretofore prohibited by the laws of Louisiana and now authorized by the new Constitution, shall hereafter be permitted.

2. [SEC. 2323.] Any person or persons, wishing to adopt a Petition to the child, shall petition the court to that effect; which petition shall state the name or names of the petitioner or petitioners, his, her or their residence or occupation, whether single or married, the name, age and sex of the child, the name of his or her tutor or guardian, whether he or she is an orphan or not, and the reasons for soliciting said adoption, and shall end by a prayer that the petitioner or petitioners be permitted to appear before a Notary Public to execute the act of adoption.

3. [SEC. 2324.] The Judge, when satisfied that there is no objection to said adoption, shall grant the prayer of the petitioner Prayer granted. or petitioners, and refer the parties to a Notary Public for the exe

cution of the act.

4. [SEC. 2325.]

The consent of the tutor or tutrix of the child,

tutor.

whose adoption is solicited, shall be required by the Judge, and if Consent of the the child be without a tutor, the court shall appoint to him a tutor ad hoc.

5. [SEC. 2326.] Any person or persons, having legitimate issue, may be allowed to adopt any other child, provided that said adoption does not interfere with the rights of forced heirs.

1867-31. Adoption not to interfere with rights of forced

heirs.

6. [SEC. 2327.] The Parish Courts throughout the State, except 1868–77. the parish of Orleans, shall have exclusive jurisdiction in all cases of adoption.

Jurisdiction given to Parish Courts.

rents necessary

7. [SEC. 2328.] When the person whose adoption is solicited is a minor, the consent of such person's surviving father or mother, or Consent of paof both, if living, shall be required by the Judge, and the said father and mother, or both, as the case may be, may, in the act of adoption, surrender the entire parental authority to the person or persons adopting said minor.

TUTORSHIP OF MINORS AND THE ADMINISTRATION OF THEIR PROPERTY.

8. [SEC. 2342.] Property belonging to minors, both of whose parents are living, may be sold or mortgaged, and any other step may 1855-444. be taken, affecting their interest in the same manner, and by pursu- Property of ing the same forms, as in case of minors represented by tutors, the parents are father occupying the place and being clothed with the powers of the sold, etc.

tutor.

An undertutor ad hoc, shall be appointed by the court, contradictorily with whom the proceedings shall be carried on.

minors whose

living, how

Justices empowered to appoint curators

ad lites.

9. [SEC. 2350] Justices of the Peace in the parish of Orleans, and throughout this State, shall have power to appoint curators ad 1855–479. lites to enable minors to present their claims before the Justice of the Peace, when the amount claimed shall not exceed one hundred dollars, provided there be neither natural nor legal tutor to the minor, and that it be made to appear, by proper affidavit, that the minors are transient persons following some trade or occupation, and are without parents in this State.

How and in

sureties may be

10. [SEC. 2351.] Whenever it shall be made to appear to the 1855-365. satisfaction of the Judge of any of the Parish Courts of this State what case having jurisdiction thereof, that any person who has been appointed received resid to discharge the duties of administrator, executor, tutor, curator, or parish.

ing out of the

of any fiduciary trust whatever, is unable to give security in the parish, then and in such case the Judge shall have power to order that sureties residing in any other parish be received.

11. [SEC. 2352.] In all cases, where surety is tendered of persons Who to judge of residing out of the parish, the Judge alone shall pass on the sufficiency sufficiency of thereof, and shall require such proof as he may deem necessary.

surety.

12. [SEC. 2353.] All actions on bonds against the sureties What court has aforesaid may be instituted in the parish and court having original actions against jurisdiction of the subject matter; and the parties thereto, when legally cited, shall be subject to the jurisdiction of the said court.

jurisdiction of

sureties afore

said.

1866-42.

13. [SEC. 2354.] No suit shall be instituted against any security Certain steps to on any appeal bond, nor on the bond of any administrator, tutor, curator, executor, or syndic, until the necessary steps have been taken to enforce payment against the principal.

be taken

against princi

pal before suing security.

1857-186.

Penalty against

tutors for neg.

lect of duty. See C. C., Art.

348.

1869-207.

minors' prop

erty.

14. SEC. 2358.] Any tutor of a minor or minors who shall fail to have the bonds so purchased registered and countersigned, as provided for in this act, shall be deemed guilty of a misdemeanor, and shall be liable to imprisonment for not more than three months and deprivation of his office of tutor.

15. [SEC. 2359.] When heirs of a succession hold property in common, and it is the wish of any one of them or of a minor reprePrivate sale of presented by his tutor or tutrix, to effect a partition on the advice of a family meeting duly convened, according to law, to represent the minor or minors, said property may be sold at private sale for its appraised value, said appraisement to be made and the terms of said sale to be fixed by the family meeting, and said proceedings to be homologated by the Parish Judge of the parish in which the said minor resides.

1869-114.

favor of minor

16.

[SEC. 2363.] When mortgageable property has been adjudicated to either parent of the minor, the act of adjudication shall be Adjudication in recorded in the bookof mortgages in the parish in which the property to be recorded. is situated, and it shall operate a mortgage and vendor's privilege; the amount of the value of the property, as stipulated in the act, shall operate a mortgage against such property in favor of the minor; and no such adjudication shall have any legal or binding effect until such record is made.

1865-20-Ex

17. [SEC. 1475.] All sales of property of succession, of property belonging to minors, or in which minors are interested, of property of Sales of minors' interdicted persons and property surrendered, made pursuant to an

tra session.

property may

be made by tu order or decree of any court of this State, may be made either by the

tors, or Sheriff,

or auctioneer of Sheriff or by an Auctioneer of the parish or city in which such sale is to be made, or by the representatives of successions, by tutors of

their choice.

minors, by curators of interdicted persons, or by syndics of insolvents, as the case may be; and it shall be the duty of the court ordering the sale to direct that the same be made by the Sheriff, or by such Auctioneer as shall be selected by the parties, or by representatives of the succession, the tutors of the minors, the curator of interdicted persons, and the syndic of the insolvent, as the case may be.

MONITION.

2

Monitions, in what cases granted.... 1 Effect of judgment when the party

Monitions, how advertised..

Description of the property in the

Not to be construed to authorize pur

what cases

1. [SEC. 2370.] The purchasers of property at Sheriff's sales, those made by authority of the court, those made by the syndics of 1855-463. insolvent estates, and finally those of any description which are made Monitions-in by the authority of justice, and all subsequent purchasers by a granted. regular chain of title, may protect themselves from eviction of the property so purchased, or from any responsibility as possessors of the same, by pursuing the rules hereinafter prescribed.

how advertised.

2. [SEC. 2371.] It shall be the duty of the purchasers, if the purchase has been made within the limits of the city and parish of MonitionsOrleans, to publish three times, or if the sale has been made out of the limits of the parish and city aforesaid, to publish the same for the space of time and in the manner required for advertising judicial proceedings, a monition, calling on all persons who can set up any right to the property, in consequence of informality in the order, decree or judgment of the court, under which the sale was made, or any irregularity or illegality in the appraisement and advertisement, in time and manner of sale, or for any other defect whatsoever, to show cause within thirty days from the day the monition is first inserted in the public papers, why the sale so made should not be confirmed and homologated.

the property in the monition,

3. [SEC. 2372.] This monition shall state the judicial authority Description of under which the sale took place, and shall also contain the same description of the property purchased as that given in the judicial conveyance to the buyer, and shall further declare the price at which the object was bought.

4. [SEC. 2373.] The Judges of the respective courts from which Monitions to be the orders, decrees or judgments may have issued, and in virtue of

granted by Judge.

Judgment on monition.

ment on monition.

which the sales ought to have been homologated, which have been made, shall, on application of the buyer, grant this monition in the name of the State, and affix to it the seal of the court.

5. [SEC. 2374.] At the expiration of the thirty days, the party obtaining the monition may apply to the Judge of the court, out of which the monition is issued, to confirm and homologate the sale and it shall be the duty of the Judge, in case no cause is shown against the prayer for the monition, to homologate and confirm the judicial sale in question; provided, always, that before he does so confirm it, he shall be fully satisfied that the advertisements have been inserted in the newspapers, as already directed, and that the property has been correctly described, and the price at which it was purchased truly paid; but in case opposition be made to the homologation, and it should appear that the sale was made contrary to law, it shall then be the duty of the Judge to annul it, otherwise to confirm it, as in case no opposition was made.

6. [SEC. 2375.] The judgment of the court, on the monition aforeEffect of judg. said, shall be in itself conclusive evidence that the monition has been regularly made and duly advertised, nor shall any evidence be received thereafter to contradict the same, or to prove any irregularity in the proceeding.

7. [SEC. 2376.] The judgment of the court, confirming and homologating the sale, shall have the force of res judicata, and operate as of res judicata. a complete bar against all persons, whether of age or minors,

Judgment to have the force

Effect of judg.

whether present or absent, who may thereafter claim the property sold, in consequence of all illegality or informality in the proceeding, whether before or after judgment; and the judgment of homologation shall in all cases be received and considered as full and conclusive proof that the sale was duly made according to law, in virtue of a judgment or order legally and regularly pronounced on the interest of parties duly represented.

8. [SEC. 2377.] Nothing herein contained shall be taken or ment when the understood so as to render valid any sale made in virtue of a judgment when the party cast was not duly cited to make defense; and

party was not

cited.