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freely and without constraint, co-habited together after recovering their liberty, or discovering the mistake.

ART. 114. — The marriage of minors, contracted without the consent of the father and mother, cannot for that cause be annulled, if it is otherwise contracted with the formalities prescribed by law; but such want of consent shall be a good cause for the father and mother to disinherit their children thus married, if they think proper.

ART. 115.-Every marriage contracted under the other incapacities or nullities enumerated in the second chapter of this title, may be impeached either by the married per. sons themselves, or by any person interested, or by the attorney general.

ART. 116. The other causes of nullity which existed by the ancient laws, are abolished.

ART. 117. But in all cases where, conformably to the preceding article, the action of nullity may be instituted by any interested person, collateral relations, or children born of another marriage, cannot bring such an action during the life of the married persons, but only when they have acquired an actual interest therein.

ART. 118.–The married person, to whose prejudice a second marriage has been contracted, can sue for the nullity of such marriage, even during the life of the other party.

ART. 119.–The marriage, which has been declared null, produces nevertheless its civil effects as it relates to the parties and their children, if it has been contracted in good faith.

ART. 120.--If only one of the parties acted in good faith, the mariage produces its civil effects only in his or her favor, and in favor of the children born of the marriage.




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Of the respective Rights and Duties of Married




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ART. 121.-The husband and wife owe to each other mutually, fidelity, support and assistance.

ART. 122,- The wife is bound to live with her husband and to follow him wherever he chooses to reside; the husband is obliged to receive her and to furnish her whatever is required for the conveniences of life, in proportion to his means and conditions.

ART. 123.—The wife cannot appear in court without the authority of her husband, although she may be a pub. lic merchant, or possess her property separate from her husband.

ART. 124.-The wife, even when she is separate in estate from her husband, cannot alienate, grant, mortgage or acquire either by gratuitous or incumbered title, unless her husband concurs in the act, or yields his consent in writing.

ART. 125.—The woman separated from bed and board has no need in any case of the authorisation of her husband, as this separation carries with it not only a separation of property, but a dissolution of the community of acquests and gains.

ART. 126.-If the husband refuses to empower his wife to appear in court, the judge may give such authority.

ART. 127.If the husband refuses te empower his wife to contract, the wife may cause hinı to be cited to appear before the judge, who may authorise her to make such contract, or refuse to empower her, after the husband has been heard, or has made default.

ART. 128.-If the wife is a public merchant, she may, without being empowered by her husband, obligate her. self in any thing relating to her trade; and in such case,


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her husband is bound also, if there exists a community of property between them.

She is considered as a public merchant, if she carries on a separate trade, but not if she retails only the merchandize belonging to the commerce carried on by her husband.

ART. 129.-If the husband is under interdiction or absent, the judge may, when satisfied of the fact, authorise the wife to sue or to be sued, or to make contracts.

ART. 130.-Every general authority, even although stipulated for in the marriage contract, is void, except so far as it respects the administration of the property of the wife.

ART. 131.-Proceedings to annul the acts of the wife for want of authority, can be instituted only by the husband or wife, or by their heirs.

ART. 132.—The wife may make her last will, without the authority of her husband.


Of the Dissolution of Marriage. ART. 133.—The bond of matrimony is dissolved, 1. By the death of the husband or wife; 2. By a divorce legally obtained ;

3. Whenever the marriage is declared null and void, for one of the causes mentioned in the 4th. chapter of this title; or when another marriage is contracted, on account of absence , when authorised by law.

Separation from bed and board does not dissolve the bond of matrimony, since the separated husband and wife are not at liberty to marry again; but it puts an end to their conjugal co-habitation, and to the common concerns, which existed between them.


Of Second Marriages.

ART. 134.–The wife shall not be at liberty to contract an other marriage, until ten months after the dissolution of her preceding marriage.

Of the Separation from Bed and Board.


Of the Causes of Separation from Bed and Board.

ART. 135.-Separation from bed and board, as it formerly existed according to the laws of the country, shall · take place for the following causes.

ART. 136.–The husband may claim a separation, in case of adultery on the part of the wife.

ART. 137.-The wife may also claim a separation in case of adultery on the part of her husband, when he has kept his concubine in their common dwelling.

Art. 138.- Married persons may reciprocally claim a separation on account of excesses, cruel treatment, or outrages of one of them towards the other, if such ill treatment is of such a nature as to render their living together insupportable.

ART. 139.-Separation may also be reciprocally claimed in the following cases, to wit:

1. Of a public defamation on ihe part of the married persons towards the other;

2. Of abandonment of the husband by his wife or the wife by her husband;

3. Of an allempt of one of the married persons against The life of the other.

CHAPTER II. Oftlie proceedings of Separation from Bed and Board.

ART. 140.-Separation is to be claimed, sued for and pronounced in the competent courts of justice; it cannot be made the subject of arbitration.

ART. 141.-Separation grounded on abandonment by one of the married persons 'can be admitted only in the case when he or she has withdrawn himself or herself from the common dwelling, without a lawful cause, has constantly refused to return to live with the other, and when such refusal is made to appear in the manner hereafter directed.

ART. 142.- The absence of the husband or wife, which has had a lawful cause, although it shall appear that the absentee has not been heard of, cannot authorise il demand of separation, except so far as is provided in the title of absent persons.

ART. 143.–The abandonment with which the husband or wife is charged, must be made appear by three reiterated summonses made to him or her from month lo month, directing him or her to return tothe place of the matrimonial domicil, and followed by a judgment which has sentenced him or her to comply with such request, logether with a notification of the said judgment, given to him or her from month to month for three times successively.

The summons and notifications shall be made to him or her at the place of his or her usual residence, if he or she lives in this State, and, if absent, at the place of the residence of the allorney who shall be appointed to him or her by the judge for that purpose, al the suit of the husband or wife praying for separation from bed and board.

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