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proof that such absence without any news continued the time required as aforesaid. :

And if after the said marriage the husband or wife who was absent, happens to return, he or she shall be free of his or her first contract, and at liberty to contract another marriage, and the marriage entered into by the husband or wife during and on account of the absence shall remain firm and valid.


Of the care of Minor Children where the Father has

disappeared. ART. 82.-If a father has disappeared, leaving minor children born during his marriage, the mother shall take care of them and shall exercise all the rights of her husband with respect to their education and the administration of their estate.

ART. 83.–But if the mother contracts a second marriage, she cannot preserve this superintendence of her children, but with the consent of a meeting of the family composed of relations or friends of the father.

ART. 84.-If this superintendence is refused to her, a provisional tutor shall be appointed for the children, in the manner prescribed in the title of minors, and of tutorship and curatorship.

ART. 85.—There shall be appointed for the children a provisional tutor in the manner herein directed, if at the time of the disappearance of the father, the mother should be dead, or if she should die before their attaining the age of majority.

ART. 86.-The same thing shall take place if the husband or wife who have disappeared, have left minor children born of a former marriage.

Of Husband and Wife.


On Marriage.
ART. 87.-The law considers marriage in no other
view than as a civil contract.
ART. 88.-The law prescribes:

1. The manner of contracting and celebrating marriages;

2. The legal effects and consequences of marriage;
3. The manner in which marriages may be dissolved.

ART. 89.-Such marriages only are recognised by law as are contracted and solemnised according to the rules which it prescribes.

ART. 90.-Marriage is a contract intended in its origin to endure until the death of one of the contracting parties; yet this contract may be dissolved before the decease of either of the married persons, for causes determined by law.


How Marriages may be contracted or made. ART. 91.-As the law considers marriage in no others, view than that of a civil contract, it sanctions all those marriages, where the parties, at the time of making them, were :

1. Willing to contract, 2. Able to contract,

3. Did contract pursuant to the forms and solemnities prescribed by law.

ART. 92.- No marriage is valid to which the parties have not freely consented.

Consent is not free:

1. When given to a ravisher, unless it has been given by the party ravished, after she has been restored to the enjoyment of liberty;

2. When it is extorted by violence;

3. When there is a mistake respecting the person, whom one of the parties intended to marry.

ART. 93.-Ministers of the gospel and magistrales, entrusted with the power of celebrating marriages, are prohibited to marry any male under the age of fourteen years, and any female under the age of twelve; and if any of them are convicted of having married such persons, he shall be removed from his office, if a magistrate, or deprived for ever of the right of celebrating marriages, if a minister of the gospel.

ART. 94.—Persons legally married are, until a dissolution of marriage, incapable of contracting another, under the penalties established by the laws of this State.

ART. 95.-Free persons and slaves are incapable of contracting marriage together; the celebration of such marriages is forbidden, and the marriage is void; there is the same incapacity and the same nullity with respect to marriages contracted by free white persons with free people of colour.

ART. 96.-Marriage between persons related to each other in the direct ascending or descending line is prohibited. This prohibition is not confined to legitimate children, it extends also to children born out of marriage.

ART. 97.—Among collateral relations marriage is prohibited between brother and sister, whether of the whole or of the half blood, whether legitimate or illegitimate, and also between the uncle and the niece, the aunt and the nephew.

Art. 98.-All other impediments on account of relationship or affinity are abolished.

ART. 99. The minor of either sex, who has attained the competent age to marry, must have received the consent of his father and mother or of the survivor of them; and if they are both dead, the consent of his curator.

He must furnish proof of this consent to the judge to whom he applies for permission to marry. ART. 100,- Those who have attained the

age of majority, on their demanding permission to marry, must furnish the judge proof of their having attained that age.


Of the Celebration of Marriages.

ART. 101.-Any priest, or minister of a religious sect, domiciliated in any one of the parishes of this state, shall have the right of celebrating marriages therein.

ART. 102.- The judge of the parish may authorise one or more justices of the peace,

within his jurisdiction, to celebrate marriages.

ART. 103...No marriage can be celebrated without the special licence of the parish judge, directed to the priest, minister or justice of the peace, who is to celebrate it.

ART. 104. Before granting licence to marry, the parish judge shall give notice thereof by advertisement placed at the door of the court house;, and fifteen days after, if there be no opposition, he shall grant the li



He can dispense with this publication, in cases which he shall deem urgent and important.

ART. 105.-Before granting the licence, the judge shall require of the intended husband a bond, with a surely in a sum proportioned to his means, with condition that there exists no legal impediment to the marriage. The duration of the security is fixed to two years.

ART. 106.-Licences for marriage can only be granted by the judge of the parish in which one at least of the parties is domiciliated.

ART. 107.–The marriage must be celebrated in presence of three witnesses of full age, and an act must be made of the celebration, signed by the person who celebrates the marriage, by the parties and the witnesses.

ART. 108.-In case of an opposition to the marriage, if it be supported by the oath of the party making it, and by reasons sufficient in the opinion of the judge to authorise a suspension of the marriage, it shall be notified to the parties, and a day shall be assigned for a hearing thereon.

ART. 109.—The time fixed for the hearing of the parties and the decision of the opposition, shall not exceed ten days, from the day on which the opposition shall have been made.

ART. 110.-Any person may make an opposition to a marriage; but in cases in which the opposition is overruled, the party making it shall pay costs.

ART. 111.- No marriage can be contracted or celebrated by procuration.


Of the Nullity of Marriages. ART. 112.—Marriages celebrated without the free consent of the married persons, or of one of them, can only be annulled upon application of both the parties, or of that one of them whose consent was not free.

When there has been a mistake in the person, the party labouring under the mistake can alone impeach the marriage.

ART. 113.-In the cases embraced by the preceding article, the application to obtain a sentence annulling the marriage, is inadmissible, if the married persons have,

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