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Of the Provisional Proceedings to which a suit for
separation may give occasion. ART. 144.-If there are children of the marriage, whose provisional keeping is claimed by both husband and wife, the suit being' yet pending and undecided, it shall be granted to the husband, whether plaintiff or defendant, unless there should be strong reasons to deprive him of it, either in whole or in part, the decision whereof is left to the discretion of the judge.
Art. 145.-If the wife, who sues for a separation, has left or declared her intention to leave the dwelling of her husband, the judge shall assign the house wherein she shall be obliged to dwell until the determination of the suit. .
The wife s all be subject to prove her said residence as often as she may be required to do so, and in case she fails so to do, every proceeding on the separation shall be suspended.
ART. 146.-If the wife has not a sufficient incomcor her maintenance during the suit for separation, the judge shall allow her a sum for her support, proportioned to the means of the husband.
The husband cannot be compelled to pay this allowance, unless the wife proves that she has constantly resided in the house appointed by the judge.
ART. 147.—During the suit for separation, the wise may, for the preservation of her rights, require an inventory and appraisement to be made of the moveables and immoveables which are in possession of her husband, and an injunction restraining him from disposing of any part thereof in any manner.
ART. 148.-From the day on which the action of separation shall be brought, it shall not be lawful for the husband to contract any debt on account of the community, nor to dispose of the immoveables or slaves belonging to the same, and any alienation by him made after that time, shall be null, if it be proved that such alienation was made with the fraudulent view of injuring the rights of the wife.
. CHAPTER IV. Of objections to the action of separation from bed
and board. ART. 149.— The action of separation shall be extinguished by the reconciliation of the parties, either after the facts which might have given ground to such action, or after the action has been commenced.
ART. 150.-In either case the plaintiff shall be precluded from bringing his action; but he shall be at liberty to bring a new suit for causes arising since the reconciliation, and therein make use of the former motives to corroborale his new action.
CHAPTER V. Of the Effects of separation from Bed and Board.
ART. 151.-Separation from bed and board carries with it separation of goods and effects.
ART. 152.-In case of separation from bed and board, the party against whom it shall have been pronounced, shall lose all the advantages or donations the other party may have conferred by the marriage contract or since, and the party, at whose instance the separation has been obtained, shall preserve all those to which such party would have been intitled; and these dispositions are to take place even in case the advantages and donations were reciprocally made.
Art. 153.-In all cases of separation, the children shall be placed under the care of the party who shall have obtained the separation, unless the judge sball, for the greater advantage of the children, and with the advice of the meeting of the family, order that some or all of them shall be entrusted to the care of the other party.
ART. 154.- This separation shall not in any case deprive the children born of the marriage, of any of the advantages which were secured to them by law, or by the marriage contract of their father and mother; but there is no right to any claim on the part of such children, except in the manner and under the circumstances, where such claims would have taken place, if there had been no separation.
Of the Several Sorts of Servants. ART. 155.–There are in this State two classes of servants, to wit: the free servants and the slaves.
Of Free Servants. ART. 156.-Free servants are in general all free persons who let, hire or engage their services to another in this State, to be employed therein at any work, commerce or occupation whatever, for the benefit of him who has contracted with them, for a certain price or retribution, or upon certain conditions.
ART. 157,- There are three kinds of free servants in This State, to wit:
1. Those who only hire out their services by the day, week, month or year, in consideration of certain wages ;
the rules which fix the extent and limits of those contracts are established in the title of letting and hiring;
2. Those who engage to serve for a fixed time for a certain consideration, and who are therefore considered not as having hired out but as having sold their services;
3. Apprentices, that is, those who engage to serve any one, in order to learn some art, trade or profession.
Whatever relates to persons whose time of service is sold for paying their passage, is prescribed by a special law, which is not repealed by this title.
ART. 158.-The minor cannot be bound to serve, but with the consent of his father and mother, tutor or curator. If he has no tutor or curator, with the consent of the judge of the parish where the act of his engagement is passed.
ART. 159.— The time of the engagement of the minors, if there be no stipulation that it shall terminate sooner, shall expire for males, when they attain the age of eighteen years, and females, when they attain the age of fifteen.
Art. 160.- Persons who have attained the age of majority, cannot bind themselves for a longer term than
ART. 161.-Engagements of service contracted in a foreign country for a longer term, shall be reduced to five years, to count from the day of the arrival of the person bound in this State.
ART. 162.-The act of the engagement of service must be passed before a notary public, or a person authorised to perform his duties. It must be read to the parties in presence of two witnesses, and must be signed by them, the witnesses and the notary.
ART. 163.-An implied condition of the contract entered into between the master and bound servant or apprentice, is that the latter binds himself to serve ihe
former during all the time of his engagement, and the master on his side binds himself to maintain the indented servant or apprentice during the same time.
The master is also bound to instruct the apprentice in his art, trade or profession, and to teach him or cause him to be taught to read, write and cypher.
ART, 164.–Bound servants and apprentices and their masters may be compelled to the specific performance of their respective engagements, but these engagements may be rescinded before the time fixed by the contract, either at the suit of such bound servants or apprentices respectively, or at the demand of the master, if they have a just cause to claim such rescission, and in such case the judge shall direct a restitution of such part of the money received on account of such engagement, in proportion to the time not yet elapsed of that which has been fixed by the indenture, unless such rescission is occasioned by the fault of him who paid the money, in which case no restitution shall be made.
ART. 165.—If any master shall abuse, or cruelly or evilly treat his bound servant or apprentice, or shall not discharge his duty towards him, or if the bound servant or apprentice shall abscond or absent himself from the service of his master without leave, or shall not discharge his duty to his master, in any of these cases, there will be a sufficient cause to release the aggrieved party from his engagement, or to grant him such other redress as the equity and the nature of the case may require, at the discretion of the judge.
ART. 166.-The death of the master of the apprentice dissolves the engagement of the latter, in the condition in which it is, and there can be no claim for remunera - : tion on either side. But if the heir or one of the heirs of the master be a man of the same condition, trade or profession, he can cause himself to be authorised to take The place of the deceased with regard to the apprentice.