written instruments, are governed by the laws and usages of the places where they are passed or executed.

But the effect of acts passed in one country, to have effect in another country, is regulated by the laws of the country where such acts are to have effect.

The exception made in the second paragraph of this article does not hold, when a citizen of another State of the Union, or a citizen or subject of a foreign State or country, disposes by will or testament, or by any other act causa mortis, made out of this State, of his movable property situated in this State, if at the time of making said will or testament, or any other act causa mortis, and at the time of his death, he resides and is domiciliated out of this State.

C. C. 491 (483), 1596 (1589); C. P. 13; C. N. 3, 47, 170, 999; 3 M. 66, 582; 8 M. 132; 2 N. S. 93; 4 N. S. 1; 5 N. S. 49, 569, 587; 6 N. S. 630; 7 N. S. 110, 408. 8 N. S. 21; 1 L 248; 6 L. 398; 7 L. 138; 11 L. 616, 476; 17 L. 4; 19 L. 216; 2 R. 358; 8 R. 407; 2 A. 659; 3 A. 212, 579; 10 A. 416; 11 A. 559; 12 A. 490, 770; 14 A. 85, 165, 554, 557, 633, 710; 15 A. 110, 199, 622; 16 A. 107, 158; 17 A. 236 18 A. 10, 257; 23 A. 369, 457; 24 A. 319, 364, 387, 379. Marcadé Art. 3.

ART. 11. [11.]-Individuals can not by their conventions, derogate from the force of laws made for the preservation of public order or good morals.

But in all cases in which it is not expressly or impliedly prohibited, they can renounce what the law has established in their favor, when the renunciation does not affect the rights of others, and is not contrary to the public good.

C. C. 21, 1519 (1506), 1887 (1881), 2804 (2775) ; C. N. 6, 686, 900, 1133, 1172, 1387, 1390, 1780; C. P. 19; 3 M. 583; 3 L. 512; 4 L. 123; 9 L. 590; 11 R. 302; A. 297, 435; 3 A. 294, 328; 10 A. 663; 15 A. 38, 245, 342; 16 A. 135; 18 A. 68, 81; 19 A. 26; 21 A. 27; 24 A. 238, 302, 384, 446, 478, 530.

ART. 12. [12.]-Whatever is done in contravention of a prohibitory law, is void, although the nullity be not formally directed.

C C. 1893 (1897), 1895 (1889); C. N. 6; 4 L. 51; 6 L. 231; 11 R. 302; 1 A. 265; 2 A. 492, 503, 667; 15 A. 176, 342; 18 A. 24, 151, 152; 24 A. 253, 384, 446, 478, 530.

CHAPTER 4.

Of the Application and Construction of Laws.

ART. 13. [13.]-When a law is clear and free from all ambiguity, the letter of it is not to be disregarded, under the pretext of pursuing its spirit.

C. C. 1950 (1945); 5 N. S. 140; 10 L. 97; 13 L. 497; 16 L. 264; 3 R. 462; 1 A. 421; 2 A. 595; 14 A. 658, 724; 20 A. 329, 489, 495; 21 A. 295, 563; 23 A. 23; 24 A. 212. ART. 14. [14.]-The words of a law are generally to be understood in their most usual signification, without attending so much to the niceties of grammar rules as to the general and popular use of the words.

C. C. 1946 (1941); C. N. 1156; 17 A. 156, 160, 277.

ART. 15. [15.]-Terms of art or technical terms and phrases, are to be interpreted according to their received meaning and acceptation with the learned in the art, trade or profession to which they refer.

C. C. 1947 (1942).

ART. 16. [16.]-Where the words of a law are dubious, their meaning may be sought by examining the context with which the ambiguous words, phrases and sentences may be compared, in order to ascertain their true meaning.

C. C. 1948 (1943), 1951 (1946); 12 A. 777; 14 A. 318; 17 A. 190, 194.

ART. 17. [17.].—-Laws in pari materia, or upon the same subject matter, must be construed with a reference to each other; what is clear in one statute may be called in aid to explain what is doubtful in another.

C. C. 1948 (1943), 1949 (1944); 3 R. 48; 17 L. 407; 5 A. 171; 13 A. 143; 15 A. 231. ART. 18. [18.]-The universal and most effectual way of discovering the true meaning of a law, when its expressions are dubious, is by considering the reason and spirit of it, or the cause which induced the Legislature to enact it.

C. C. 1946 (1941); 5 N. S. 140; 6 L. 130; 2 A. 100; 12 A. 777; 17 A. 277. ART. 19. [19.]-When to prevent fraud, or from any other motives of public good, the law declares certain acts void, its provisions are not to be dispensed with on the ground that the particular act in question has been proved not to be fraudulent, or not to be contrary to the public good.

C. C. 1893 (1897); 7 R. 456; 2 A. 782; 10 L. 264; 12 L. 19; 15 L. 394; 24 A. 103. ART. 20. [20.]-The distinction of laws into odious laws and laws entitled to favor, with a view of narrowing or extending their construction, can not be made by those whose duty it is to interpre them.

11 A. 236; 12 A. 723.

ART. 21. [21.]-In all civil matters, where there is no express law, the judge is bound to proceed and decide according to equity. To decide equitably, an appeal is to be made to natural law and reason, or received usages, where positive law is silent.

C. C. 1964 (1959), 1965 (1960); C. N. 4, 5; C. P. 130; 16 L. 395; 1 A. 138; 2 A. 87; 14 A. 52; 19 A. 234; 21 A. 625; 22 A. 3; 23 A. 503; 24 A. 40.

CHAPTER 5.

Of the Repeal of Laws.

ART. 22. [22.]-Laws may be repealed either entirely or partially, by other laws.

14 A. 5, 11.

ART. 23. [23.]-The repeal is either express or implied:

It is express, when it is literally declared by a subsequent law; It is implied, when the new law contains provisions contrary to, or irreconcilable with those of the former law.

The repeal of a repealing law does not revive the first law.

(Am'd) 1 N. S. 73. 194; 3 N. S. 190; 5 N. S. 569; 2 L. 344; 6 L. 130; 7 L. 166; 9 L. 585; 10 L. 92; 1 A. 54; 2 A. 919; 3 A. 398; 5 A. 121, 395; 14 A. 113, 50, 511; 15 A. 107, 231; 16 A. 232, 395; 20 A. 139; 24 A. 155. D. Sec. 592, 3990;Const 1868, art. 115.

4

BOOK I.

OF PERSONS.

TITLE I.

Of the Distinction of Persons.

ART. 24. [24.]-Laws, on account of the difference of sexes, have established between men and women essential differences with respect to their civil, social and political rights.

ART. 25. [25.]-Men are capable of all kinds of engagements and functions, unless disqualified by reasons and causes applying to particular individuals. Women can not be appointed to any public office, nor perform any civil functions, except those which the law specially declares them capable of exercising.

Widows and unmarried women of age may bind themselves as sureties or indorsers for other persons, in the same manner and with the same validity as men who are of full age.

(Am'd) C. C. 1110 (1102), 1782 (1785), 3001 (2970), 3108 (3075); 4 A. 538; 12 A. 610; 24 A. 47. Acts 1828, p. 22. Acts 1855, p. 36. D. Sec. 1716, 3739. ART. 26. [26.]-Birth subjects children to the power and authority of their parents. The extent of this subjection on the one hand, and authority on the other, will be explained in its proper place.

10 L. 92; 15 A. 441, 445.

ART. 27. [27.]-Children are legitimate or illegitimate. Legitimate children are those who are born of a marriage lawfully contracted; and illegitimate children are such as are born of an illicit union.

C. C. 178 (197), 202 (220), 920 (914), 954 (948), 3556 (3522). ART. 28. [28.]—Children born dead are considered as if they had never been born or conceived.

C. C. 955 (949), 956 (950).

ART. 29. [29.]-Children in the mother's womb are considered, in whatever relates to themselves, as if they were already born; thus the inheritances, which devolve to them before their birth, and which may belong to them, are kept for them, and

curators are assigned to take care of their estates for their benefit.

C. C. 252 (415), 955 (949); 8 A. 378.

ART. 30. [30.]-Posthumous children are those who are born after the death of their father.

ART. 31. [31.]-Persons of insane mind are those who do not enjoy the exercise and use of reason, after they have arrived at the age at which they ought, according to nature, to possess it, whether the defect result from nature or accident. This defect disqualifies those who are subject to it, from contracting any species of engagement, or from managing their own estates, which are for this reason placed under the direction of curators. C. C. 389 (382), 404 (397.)

ART. 32. [32.]-Persons who, by reason of infirmities are incapable of managing their own affairs, have their persons and estates placed under the direction of curators.

ART. 33. [33.]-Persons laboring under the disabilities stated in the two preceding articles, are not, on this account, deprived of any right or advantages, which, notwithstanding such infirmity, they can enjoy. They retain their estates, their capacity for inheriting, and such branches of the paternal power as are compatible with their situation.

ART. 34. [34.]-Age forms a distinction between those who have, and those who have not sufficient reason and experience to govern themselves and to be masters of their own conduct. But as nature does not always impart the same maturity and strength of judgment at the same age, the law determines the period at which persons are sufficiently advanced in life to be capable of contracting marriage, and forming other engage

ments.

ART. 35. [39.]-Emancipation and the other ways which free the son or daughter of family from the father's authority, regard only the effects which the civil law gives to the paternal power, but changes in no respect those that are derived from natural right.

ART. 36. [40.]-Males who have not attained the age of fourteen years complete, and females who are under twelve, are under the age of puberty; and males who have attained fourteen years complete, and females the age of twelve complete, are distinguished by the name of adults.

ART. 37. [41.]-Minors are those of both sexes, who have not yet attained the age of one and twenty years complete; and they remain under the direction of tutors till that age. When they have attained that age, then they are said to be of full age.

(Am'd) C. N. 428; 10 L. 92; D. Sec. 14, 420, 1112, 3688, 3828.