Слике страница
PDF
ePub

known, they must be promulgated by the governor of the State.

The laws shall be directed to the authorities entrusted with their execution or application, and to such other persons as the law has designated or may designate, in the form and manner which is, or may be prescribed, to ensure their most extensive publicity.

The clerks of all the courts of justice of this State, shall insert in a register to be kept for that purpose, the titles of all the laws which shall have been directed to them, together with the day on which they shall have received them.

ART. 5. – The laws shall be executed through every part of this Stale from the moment they shall be promulgated in the manner prescribed.. .

ART. 6. — The promulgation made by the governor shall be presumed to be known in the parish which is the seat of government, three days after the day of promulgation, and in each of the other parishes, after the expiration of the said period, with the addition of one day for every four leagues belween the place in which the promulgation shall have been made, and the place where the court for such parish is held.

ART. 7. - After the promulgation, no one can allege ignorance of the law.

CHAPTER U. : .,

Of the effects of Laws. ART. 8.- A law can prescribe only for ihe future: il can have no retrospective operation, nor can it impair the obligation of contracts.

ART. 9, -- The law is obligatory upon all inhabitants of the State indiscriminately : the foreigner, whilst residing there, and his property within its limits, are subject to it.

ART. 10. — The form and effect of public and private written instruments are governed by the laws and usages of the places where they are passed or executed.. i

But the effect of acts passed in one country, to have effect in another country, is regulated by the laws of the country where they are to have effect.

The exception made in the second paragraph of this article does not hold, when a citizen of another State of the Union, or a citizen or subject of a foreign State or country, disposes by will or testament, or by any other act causâ mortis made out of this State, of his moveable property situated in this State, if at the time of making said will or testament, or any other act causâ mortis, and at the time of his death, he resides and is domiciliated out of this State.

ART. 11. - Individuals cannot by their conventions, derogate from the force of laws made for the preservation of public order or good morals.

But in all cases in which it is not expressly or impliedly prohibited, they can renounce what the law has established in their favor, when the renunciation does not affect the rights of others, and it is not contrary to the public good.

ART. 12. - Whatever is done in contravention of a prohibitory law, is void, although the nullity be not formally directed

CHAPTER IV. Of the application and construction of Laws. ART. 13. — When a law is clear and free from all ambiguity, the letter of it is not to be disregarded, under the prelext of pursuing its spirit,

ART. 14. — The words of a law are generally to be understood in their most known and usual signification, without attending so much to the niceties of grammar rules as to the general and popular use of the words.

. ART. 15. — Terms of art or technical terms and phrases are to be interpreted according to their received meaning and acceptation with the learned in the art, trade or profession to which they refer.

ART. 16. - Where the words of a law are dubious, their meaning may be sought by examining the context, with which the ambiguous words, phrases and sentences may be compa red, in order to ascertain their true meaning.

ART. 17.-Laws in pari materiá, or upon the same subject matter, must be construed with a reference to each other; what is clear in one statute may be called in aid to explain what is doubtful in another.

ART. 18. — The most universal and effectual way of discovering the true meaning of a law, when its expressions are dubious, is by considering the reason and spirit of it, or the cause which induced the Legislature to enact it.

ART. 19.- When to prevent fraud, or from any other motives of public good, the law declares certain acts void, its provisions are not to be dispensed with on the ground that the particular act in question has been proved not to be fraudulent, or not to be contrary to the public good.

ART. 20. — The distinction between odious laws and laws entitled to favor, with a view of narrowing or extending their construction, cannot be made by those whose duty it is to interpret them.

ART. 21.- In civil matters, where there is no express law, the Judge is bound to proceed and decide according to equity. To decide equitably, an appeal is to be made to natural law and reason, or received usages, where positive law is silent.

CHAPTER V.,
Of the repeal of Laws

ART. 22. — Laws may be repealed either entirely or partially, by other laws.

ART. 23. — The appeal is either express or implied :

It is express, when it is literally declared by a subsequent law;

It is implied, when the new law conlains provisions contrary to, or irreconcilable with those of the former law.

The repeal of a repealing law does not revive the first law, unless it be so particularly expressed.

[merged small][merged small][merged small][ocr errors][merged small]

applying to , unless disqualified all kinds of engao

ART. 24. - Laws on account of the difference of sexes have established between men and women essential differences with respect to their civil, social and political rights.'

ART. 25.-Men are capable of all kinds of engagements and functions, unless disqualified by reasons and causes applying to particular individuals. Women cannot be appointed to any public office, nor perform any civil functions, except those which the law specially declares them capable of exercising.

ART. 26.–Birth subjects children to the power and authority of their parents. The extent of this subjection on the one hand, and authority on the other, will be explained in its proper place. .

ART. 27.—Children are Legitimate or Bastards: Legitimate children are those who are born of a marriage lawfully contracted; and Bastards are such as are born of an illicit union.

ART. 28.—Children born dead are considered as if they had never been born or conceived.

ART. 29.—Children in their mother's womb are considered, in whatever relates to themselves, as if they were

« ПретходнаНастави »