ate, affect or mortgage his immovables without the authority of the judge, which can only be granted with the advice of a family meeting, and in case of absolute necessity or of a certain advantage.

(Am'd.) C. C. 1476 (1463), 1477 (1464); C. N. 484; 5 N. S. 651; 3 L. 363, 491, 567; 9 R. 36; 2 A. 553; 15 A. 505.

ART. 374. [377.]-The emancipated minor has no right to dispose of his movables or immovables by donation inter vivos, unless it be by marriage contract in favor of the person to whom he is to be married.

3 L. 363, 491; 9 R. 36; 2 A. 553.

ART. 375. [378.]—The minor who is emancipated otherwise than by marriage, can not appear in courts of justice without the assistance of a curator ad litem, who is to be appointed for him specially by the judge for that purpose.

C. C. 380 (368); C. N. 482; C. P. 107, 110, 999.

ART. 376. [379.]-The emancipated minor who is engaged in trade, is considered as having arrived at the age of majority, for all the acts which have any relation to such trade.

C. C. 1785 (1788), 1873 (1867); C. N. 487; 1 N. S. 537; 3 N. S. 400; 5. N. S. 651; 8 N. S. 196; 15 L. 13; 2 R. 513; 9 R. 505; 15 A. 506, 507.

ART. 377. [380.]-The emancipation, whatever be the manner in which it may have been effected, may be revoked, whenever the minor contracts engagements which exceed the limits prescribed by law.

C. N. 485; 1 N. S. 537.

ART. 378. [381.]—The revocation of emancipation places the minor under the same authority to which he was subject previous to his being emancipated.

But if he has been emancipated against the will of his father and mother, for excessive ill treatment, refusal to support him, or corrupt examples given him, another tutor shall be appointed in the manner provided by law.

C. N. 486; D. Sec. 3827.

SECTION 3.

Of Emancipation by Marriage.

ART. 379. [367.]—The minor, whether male or female, is emancipated of right by marriage.

C. N. 486; 7 R. 338; 4 A. 375; 12 A. 367; 14 A. 691; D. Sec. 3827. ART. 380. [368.]-The minor, emancipated by marriage, can appear in courts of justice without the assistance of a curator. The husband, who is a minor, can also authorize his wife to appear therein, whether she is a minor or of full age.

(Am'd.) C. C. 375 (378); C. P. 107, 110, 115, 999; 2 A. 553; 5 A. 692. Lots 1828, p. 154, § 12.

ART. 381. The minor, emancipated by marriage, may demand` an account from his tutor and a settlement of the tutorship. The tutor is bound to pay him the balance ascertained to be due, and to deliver the property in his hands belonging to such

rinor.

(New Article.) C. C. 370 (373); D. Sec. 3851, 3852.

ART. 382. The minor, emancipated by marriage, does not reed the assistance of a curator in any act or proceeding. (New Article.) C. P. 110; D. Sec. 2317.

ART. 383. This emancipation can not be revoked.

(New Article.)

ART. 384. In other respects, minors emancipated by marriage re bound by rules laid down in the preceding section. (New Article.)

SECTION 4.

Of Emancipation relieving the Minor from the time prescribed by law for attaining the age of majority.

ART. 385. Whenever a minor, over the age of eighteen years, hall desire to be relieved from the time prescribed by law for attaining the age of majority, he shall present a petition to the judge having jurisdiction, wherein he shall set forth the reasons therefor and also the amount of his estate. This petition shall be accompanied by the written assent of the tutor, if there be one, otherwise by that of a special tutor appointed for that purpose; and this assent shall contain the specific declaration hat the minor is fully capable of managing his own affairs. If che tutor refuses to give his assent to such emancipation, or shall refuse to appear by way of answer in the application of the minor, he shall be cited according to law, to show cause why the minor should not be emancipated.

(New Article.) C. N. 478; D. Sec. 2316, 3829.

Acts 1856, p. 5.

ART. 886. The judge, either in open court or in chambers, after hearing the parties, shall render judgment in the premises. If there be a decree of emancipation, it shall declare that the minor is fully emancipated and relieved of all the disabilities which now attach to minors, and with full power to do and perform all acts as fully as if he had arrived at the age of twentyone years.

(New Article) D. Sec. 2317. Acts 1856, p. 5.

ART. 387. If any minor, desiring to avail himself of the provisions of the two preceding articles, has a father or mother living, the consent of the father or mother, or both, shall be necessary to authorize the judge to act; but such consent shall

not be necessary if the application be made on the ground of ill treatment, refusal to support, or corrupt examples.

(New Article.) D. Sec. 2318. Acts 1856, p. 5.

ART. 388. Whether the minor shall fail or succeed in obtaining a decree of emancipation, all expenses that he may have incurred shall be paid out of his estate.

(New Article.) D. Sec. 2319. Acts 1856, p. 5.

TITLE IX.

OF PERSONS INCAPABLE OF ADMINISTERING THEIR ESTATES, WHETHER ON ACCOUNT OF INSANITY OR SOME OTHER INFIRMITY, AND OF THEIR INTERDICTION AND CURATORSHIP.

ART. 389. [382.]-No person above the age of majority, who is subject to an habitual state of imbecility, insanity or madness, shall be allowed to take care of his own person and administer his estate, although such person shall, at times, appear to have the possession of his reason.

(Am'd.) C. C. 402 (395); C. N. 489.

ART. 390. [383.]-Every relation has a right to petition for the interdiction of a relation; and so has every husband a right to petition for the interdiction of his wife, and every wife of her husband.

C. N. 490; 12 A. 145.

ART. 391. [384.]-If the person who should be interdicted has no relations and is not married, or if his relations or consort do not act, the interdiction may be solicited by any stranger, or pronounced ex officio by the judge, after having heard the counsel of the person whose interdiction is prayed for, whom it shall be the duty of the judge to name, if one be not already named by the party.

(Am'd.) C. N. 491; C. P. 177, 178; 23 A. 27. ART. 392. [385.]-Every interdiction shall be pronounced by the competent judge of the domicile or residence of the person to be interdicted.

C. N. 492; C. P. 162, 924; 16 L. 63.

ART. 393. [386.]-The acts of imbecility, insanity or madness must be proved to the satisfaction of the judge, that he may be enabled to pronounce the interdiction, and this proof may be established as well by written as by parol evidence; and the judge may, moreover, interrogate, or cause to be interrogated by

any other person commissioned by him for that purpose, the person whose interdiction is petitioned for, or cause such person to be examined by physicians or other skillful persons, in order to obtain their report, upon oath, on the real situation of him who is stated to be of unsound mind.

(Am'd.) C. N. 493; 1 N. S. 122.

ART. 394. [387.]-Pending the issue of the petition for interdiction, the judge may, if he deems it proper, appoint for the preservation of the movables and for the administration of the immovable estate of the defendant, an administrator pro tempore.

C. N. 497; 5 A. 122; 18 A. 523.

ART. 395. [388.]—Every judgment, by which an interdiction is pronounced, shall be provisionally executed, notwithstanding an appeal.

C. N. 499.

ART. 396. [389.]-In case of appeal the appellate court may, if it is deemed necessary, proceed to the hearing of new proofs, and question, or cause to be questioned, as above provided, the person whose interdiction is petitioned for, in order to ascertain the state of his mind.

(Am'd.) C. N. 500. Const. 1868, Art. 74.

ART. 397. [390.]-On every petition for interdiction, the costs shall be paid out of the estate of the defendant, if he shall be interdicted, and by the petitioner, if the interdiction prayed for shall not be pronounced.

ART. 398. [391.]-Every sentence of interdiction shall be published three times, in the manner prescribed for judicial advertisements; and this duty is imposed upon him who shall be appointed curator of the person interdicted, and shall be performed within a month after the date of the interdiction, under the penalty of being answerable for all damages to such persons as may, through ignorance, have contracted with the person interdicted.

(Am'd.) C. N. 501; D. Sec. 20-25.

ART. 399. [392.]-No petition for interdiction, if the same shall have once been rejected, shall be acted upon again; unless new facts, happening posterior to the sentence, shall be alleged.

ART. 400. [393.]-The interdiction takes place from the day of presenting the petition for the same.

C. N. 502.

ART. 401. [394.]-All acts done by the persons interdicted from the date of the filing the petition for interdiction, until the day when the same is pronounced, are null.

C. N. 502.

ART. 402. [395.]—No act anterior to the petition for the interdiction shall be annulled, except where it shall be proved that the cause of such interdiction notoriously existed at the time when the acts, the validity of which is contested, were made or done, or that the party who contracted, with the interdicted person, could not have been deceived as to the situation of his mind.

Notoriously, in this article, means that the cause of interdiction was generally known by the persons who saw and conversed with the party.

(Am'd.) C. C. 389 (382); C. N. 503; 15 A. 382.

ART. 403. [396.]-After the death of a person, the validity of acts done by him can not be contested for cause of insanity,unless his interdiction was pronounced or petitioned for previous to the death of such person, except in cases in which the mental alienation manifested itself within ten days previous to the decease, or in which the proof of the want of reason results from the act itself which is contested.

C. C. 1788 (1781); C. N. 504; 12 A. 651. Quere?

ART. 404. [397.]—Within a month, to reckon from the date of the judgment of interdiction, if there has been no appeal from the same, or if there has been an appeal, then within a month from the confirmative sentence, it shall be the duty of the competent judge of the domicile or residence of the person interdicted to appoint a curator to his person and estate.

C. N. 505. Acts 1861, p. 195.

ART. 405. [398.]-This appointment is made according to the same forms as the appointment to the tutorship of minors. After the appointment of the curator to the person interdicted the duties of the administrator pro tempore, if he shall not have been appointed curator, are at an end; and he shall give an account of his administration to the curator.

C. C. 263 (281), 357 (350); C. N. 505, 509; 18 A. 523. Acts 1861, March 21st. ART. 406. In every curatorship to an interdicted person, there shall be an under-curator, whom it shall be the duty of the judge to appoint, at the same time the letters of curatorship are certified for the curator.

(New Article.) D. Sec. 1095. Acts 1861, p. 195.

ART. 407. It shall be the duty of the under-curator to act for the interdicted person, whenever the interest of the interdicted person is in opposition to the interest of the curator. (New Article.). D. Sec. 1096. Acts 1861, p. 195.

ART. 408. The under-curator can not be a member of family meetings, but must be present for the purpose of advising, and when he is of opinion that the determination of the family meet