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ing is injurious to the interest of the interdicted person, it shall be his duty to oppose the homologation of the proceedings.

(New Article.) D. Sec. 1097; Acts 1861, p. 195.

ART. 409. The curatorship shall not devolve upon the under-curator when the same shall become vacant; but when it shall become necessary to appoint another curator, it shall be the duty of the under-curator to cause such an appointment to be made.

(New Article.) D. Sec. 1098; Acts 1861, p. 195.

ART. 410. Under-curators shall perform all the duties required of undertutors, and shall be subject to the same responsibilities.

(New Article.). D. Sec. 1098; Acts 1861, p. 195.

ART. 411. The duties of the under-curator shall be at an end at the same time with the curatorship.

(New Article.) D. Sec. 1099; Acts 1861, p. 195. ART. 412. [399.]-The married woman, who is interdicted, is of course under the curatorship of her husband.

(Am'd.) C. N. 506.

ART. 413. [400.]-The wife may be appointed curatrix to her husband, if she has, in other respects, the necessary qualifi

cations.

She is not bound to give security.

C. C. 415 (402); C. N. 507; 15 A. 162.

ART. 414. [401.]-No one, except the husband with respect to his wife, or the wife with respect to her husband, the relations in the ascending line with respect to the relations in the descending line, and vice versa the relations in the descending line with respect to the relations in the ascending line, can be compelled to act as curator to a person interdicted more than ten years, after which time the curator may petition for his discharge.

C. N. 508.

ART. 415. [402.]-The person interdicted is, in every respect, like the minor who is under a tutor, both as it respects his person and estate; and the rules respecting the tutorship of the minor, concerning the oath, the inventory and the security, the recording of the legal mortgage, the mode of administering, the sale of the estate, the commission on the revenues, the excuses, the exclusion or the deprivation of the tutorship, the mode of rendering the accounts, and the other obligations apply with respect to the curatorship of the person interdicted.

(Am'd.) C. C. 336 (297); C. N. 509; C. P. 962; 15 L. 173; 15 A. 16, 162; 18 A. 24.

ART. 416. [403.]-When any of the children of the person interdicted is to be married, the dowry or advance of money

&

to be drawn from his estate, is to be regulated by the judge, with the advice of a family meeting.

C. N. 509, 511.

ART. 417. [404.]-According to the symptoms of the disease, under which the person interdicted labors, and according to the amount of his estate, the judge may order that the interdicted person be attended in his own house, or that he be placed in a bettering house, or indeed if he be so deranged as to be dangerous, he may order him to be confined in safe custody.

C. N. 510.

ART. 418. [405.]-The income of the person interdicted shall be employed in mitigating his sufferings, and in accelerating his cure, under the penalty against the curator of being removed in case of neglect.

C. N. 510.

ART. 419. [406.]—He who petitions for the interdiction of any person, and fails in obtaining such interdiction, may be prosecuted for and sentenced to pay damages, if he shall have acted from motives of interest or passion.

ART. 420. [407.]-Interdiction ends with the causes which gave rise to it. Nevertheless the person interdicted can not resume the exercise of his rights, until after the definitive judgment by which the repeal of the interdiction is pronounced.

C. N. 512.

ART. 421. [408.]-Interdiction can only be revoked by the same solemnities which were observed in pronouncing it.

C. N. 512.

ART. 422. [409.]-Not only lunatics and idiots are liable to be interdicted, but likewise all persons who, owing to any infirmity, are incapable of taking care of their persons and administering their estates.

Such persons shall be placed under the care of a curator, who shall be appointed and shall administer in conformity with the rules contained in the present chapter.

7 L. 248.

ART. 423. [410.]—The person interdicted can not be taken out of the State without a judicial order, given on the recommendation of a family meeting, and on the opinion delivered under oath of at least two physicians, that they believe the departure necessary to the health of the person interdicted.

ART. 424. [411.]-There shall be appointed by the judge a superintendent to the person interdicted, whose duty it shall be to inform the judge, at least once in three months, of the state of the health of the person interdicted, and of the manner in which he is treated.

To this end, the superintendent shall have free access to the person interdicted, whenever he wishes to see him.

ART. 425. [412.]-It is the duty of the judge to visit the person interdicted, whenever from the information he receives, he shall deem it expedient.

This visit shall be made at times when the curator is not present.

ART. 426. [413.]-Interdicting is not allowed on account of profligacy or prodigality.

C. N. 513, 514, 515.

TITLE X.

OF CORPORATIONS.

CHAPTER 1.

Of the Nature of Corporations, of their Use and Kinds.

ART. 427. [418.]—A corporation is an intellectual body, created by law, composed of individuals united under a common name, the members of which succeed each other, so that the body continues always the same, notwithstanding the change of the individuals which compose it, and which, for certain purposes, is considered as a natural person.

2 R. 209, 224, 529; 11 A. 41; D. Sec. 275, 277.

ART. 428. [419.]-The use of corporations. is to contribute by the union and assistance of several persons, to the promotion of some object of general utility, although they be at the same time established for the advantage of those who are members of such corporations.

9 L. 397; 13 L. 497; 24 A. 60.

ART. 429. [420.]—Corporations are of two principal kinds: political and private.

Political corporations are those which have principally for their object the administration of a portion of the State, and to whom a part of the powers of government is delegated to that effect.

All others are private corporations.

3 R. 196; 3 A. 294; 12 A. 169; 14 A. 69; 16 A. 399.

ART. 430. [421.1-Corporations are also divided into civil and religious, and this distinction results, as well from the quality

of the persons who generally compose these kinds of corporations, as from the difference of the object of their establish

ment.

9 L. 397.

ART. 431. [422.]-Civil corporations are those which relate to temporal police; such are the corporations of the cities, the companies for the advancement of commerce and agriculture, literary societies, colleges or universities founded for the instruction of youth, and the like. Religious corporations are those whose establishment relates only to religion; such are the congregations of the different religious persuasions.

2 R. 209; 24 A. 60.

CHAPTER 2.

Of the Rights and Privileges of Corporations, and of their Incapacities.

ART. 432. [423.]-Corporations must not only be authorized by the Legislature, or established according to law, but a name must be given to them: and it is in that name they must sue or be sued, and do all their legal acts, although a slight alteration in this name be not important.

(Am'd.) 2 N. S. 539; 3 N. S. 476; 12 L. 444; 19 L. 365; 2 R. 196; 3 A. 541; 6 A. 542; 18 A. 211, 525. D. Sec. 677, 683, 2166. Acts 1847, p. 110. Acts 1855, pp. 12, 32, 87, 109, 185, 214, 325, 485. Acts 1861, p. 37.

ART. 433. [424.]-Corporations legally established are substituted for persons, and their union which renders common to all those who compose them, their interests, their rights and their privileges, is the reason why they are considered as one single whole. Hence it follows that they may possess an estate, and have a common treasury for the purpose of depositing their money; that they are capable of receiving legacies and donations; that they may make valid contracts, obligate others and obligate themselves towards others; exercise the rights which belong to them; manage their own affairs; appear in courts of justice, and even enact statutes and regulations for their own government, provided such statutes and regulations be not contrary to the laws of the political society of which they are members.

13 L. 497; 14 L. 395; 2 R. 209; 2 A. 897; 3 A. 19; 11 A. 41; 23 A. 232, 251; D. Sec. 677, 683, 696, 711, 741, 1206.

ART. 434. [425.]-The right of succession also is inherent to the nature of corporations; so that as long as they exist they transmit to their successors, their rights and their property.

The right of electing in the manner prescribed by law, new

members in the stead of those who have ceased to be members of the corporation, is the right impliedly attached to the constitution of every regularly established corporation.

ART. 435. [426.]-Corporations are intellectual beings, different and distinct from all the persons who compose them.

9 L. 397; 13 A. 289.

ART. 436. [427.]-The estate and rights of a corporation belong so completely to the body, that none of the individuals who compose it, can dispose of any part of them.

In this respect the thing belonging to a body, is very different from a thing which is common to several individuals, as respects the share which every one has in the partnership which exists between them.

9 L. 397; 13 A. 289.

ART. 437. [428.]—According to the above rule, what is due to a corporation is not a due to any of the individuals who compose it, and vice versa.

A creditor of a corporation can not therefore compel any of the members thereof to pay what may be due to him by the corporation; he can demand his payment of the corporation only, through their president, syndic or attorney in fact, and he can seize no other effects but such as belong to the corporation, provided the debt has been contracted by the corporation through their president, syndic, or attorney in fact; for if all the individuals who compose the corporation have signed the deed personally, every one of them may be compelled to make payment, either for his individual portion or in solido, when it has been stipulated expressly that the debt was contracted in solido.

3 N. S. 476; 5 L. 461; 9 L. 397; 13 L. 461; 14 A. 811; 16 A. 15, 27; 18 A. 619; 19 A. 1.

ART. 438. [429.]-From the circumstance that a corporation is an intellectual being, it follows that they can not personally transact all that they have a right legally to do, as has been above observed; wherefore it becomes necessary for every corporation to appoint some of their members to whom they may intrust the direction and care of their affairs, under the name of mayor, president, syndics, directors or others, according to the statutes and qualities of such corporation.

C. P. 112; 5 L. 461; 6 L. 745; 1 R. 470; 2 R. 209; 3 A. 94; 11 A. 41; 14 A. 799, 811; 16 A. 13, 16, 53; 17 A. 127: 18 A. 685; 19 A. 1.

ART. 439. [430.]-The attorneys in fact or officers thus appointed by corporations for the direction and care of their affairs, have their respective duties pointed out by their nomination, and exercise them according to the general regulations and particular statutes of the corporation of which they are the heads.

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