ART. 96. [98.]-All other impediments on account of relationship or affinity are abolished.

C. N. 161, 163.

ART. 97. [99.]-The minor of either sex, who has attained the competent age to marry, must have received the consent of his father and mother or of the survivor of them; and if they are both dead, the consent of his tutor.

He must furnish proof of this consent to the officer to whom he applies for permission to marry.

(Am'd.) C. N. 148, 160; 12 A. 367; 15 A. 410; D. Sec. 426.

ART. 98. [100.]-Those who have attained the age of majority, on their demanding permission to marry, must furnish the officer proof of their having attained that age.

(Am'd.) 15 A. 410.

CHAPTER 3.

Of the Celebration of Marriages.

ART. 99. Licenses to celebrate marriages in the parishes of Orleans and Jefferson, shall be granted by the justices of the peace in and for said parishes, and for the other parishes of the State, by the clerks of the district courts; such licenses shall be issued in duplicate.

Whenever the clerk shall be a party to a marriage, the license shall be issued by the parish recorder.

(New Article.) C. N. 166, 169; 12 A. 367; 15 A. 410; D. Sec. 462, 2202. Acts 1855, p. 310.

ART. 100. [106.]-Licenses for marriage can only be granted by the person authorized to issue the same in the parish in which one at least of the parties is domiciliated.

(Am'd.) C. N. 165; 15 A. 410; 17 A. 224; 21 A. 577; D. Sec. 415. Acts 1842,

p. 204.

ART. 101. [105.]-Before granting the license, the person authorized to issue the same shall require of the intended husband a bond, with a surety in a sum proportioned to his means, with condition that there exists no legal impediment to the marriage. The duration of the security is limited to two years.

(Am'd.) 15 A. 410; 20 A. 378.

ART. 102. [101.]-Any minister of the gospel, or priest of any religious sect, whether a citizen of the United States or not, may celebrate marriages within this State, upon complying with the regulations of the law.

(Am'd.) C. N. 165; D. Sec. 415, 2203, 2209. Acts 1855, p. 128.

ART. 103. Parish judges and justices of the peace may cele

brate marriages within their respective parishes, upon complying with the regulations of the law.

(New Article.) C. N. 165; D. Sec. 2207, 2208, 2211. Acts 1850, p. 42. Acts 1855, pp. 128, 310. Acts 1864, p. 50.

ART. 104. No minister of the gospel, or other person, shall celebrate any marriage in this State, unless he shall have obtained previously a special license to him directed, issued by the person appointed by law to grant licenses in the parish wherein the marriage is to be celebrated, authorizing him to celebrate such marriage.

(New Article.) C. C. 179 (198); D. Sec. 2174-2178, 2204, 2209, 2212-2216. Acts 1855, p. 310. Acts 1868, p. 278.

ART. 105. [107.]-The marriage must be celebrated in presence of three witnesses of full age, and an act must be made of the celebration, signed by the person who celebrates the marriage, by the parties and the witnesses.

This act must be made in duplicate and appended to the license issued in duplicate; one of these acts, appended to the license, must be returned within thirty days from the date of celebration by the person celebrating the marriage to the person who granted the license, who shall file and record the same in his office.

(Am'd.) C. N. 165; 3 L. 33; 6 L. 463; 14 A. 410; 15 A. 410, 412; 17 A. 224; 21 A. 577; D. Sec. 2205.

ART. 106. [108.]-In case of an opposition to the marriage, if it be supported by the oath of the party making it, and by reason sufficient in the opinion of the judge to authorize a suspension of the marriage, it shall be notified to the parties, and a day shall be assigned for a hearing thereon.

C. N. 177, 178.

ART. 107. [109.]—The time fixed for the hearing of the parties and the decision on the opposition, shall not exceed ten days, from the day on which the opposition shall have been made.

C. N. 177, 178.

ART. 108. [110.]—Any person may make opposition to a marriage, but if the opposition be overruled, the party making it shall

ART. 109. [111.]—No marriage can be contracted or celebrated by procuration.

CHAPTER 4.

Of the Nullity of Marriages.

ART. 110. [112.]-Marriages celebrated without the free consent of the married persons, or of one of them, can only be annulled upon application of both the parties, or of that one of them whose consent was not free.

When there has been a mistake in the person, the party laboring under the mistake can alone impeach the marriage.

C. C. 91 (92), 1834 (1828); C. N. 180.

ART. 111. [113.]-In the cases embraced by the preceding article, the application to obtain a sentence annulling the marriage, is inadmissible, if the married persons have, freely and without constraint, cohabited together after recovering their liberty or discovering the mistake.

C. N. 181; 12 A. 367.

ART. 112. [114.]-The marriage of minors, contracted without the consent of the father and mother, can not 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.

C. C. 1621 (1613); C. N. 182, 183, 185, 186, 187; 20 A. 378.

ART. 113. [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 persons themselves, or by any person interested, or by the Attorney General.

C. N. 184, 190, 191; 9 A. 491; 15 A. 137, 520.

ART. 114. [117.]-But in all cases where, conformably to the preceding article, the action of nullity may be instituted by any person having a pecuniary interest, it can not be brought during the life of the two married persons by the collateral relations or by the children born of a previous marriage, until they have acquired an actual interest.

(Am'd.) C. N. 187.

ART. 115. [116.]-The other causes of nullity which existed by the ancient laws are abolished.

C. N. 184, 187; 3 A. 562.

ART. 116. [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 with whom he or she had contracted the first marriage.

C. N. 188; 21 A. 577.

ART. 117. [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.

C. C. 198 (217); C. N. 201; 1 A. 98; 7 A. 252; 15 A. 137; 24 A. 299. ART. 118. [120.]-If only one of the parties acted in good faith, the marriage produces its civil effects only in his or her favor, and in favor of the children born of the marriage.

C. C. 198 (217); C. N. 202; 15 A. 137, 519, 520; 24 A. 299.

of the peace, or notary, or commissioners of this State, and in foreign countries, before any consul, vice consul, or consular or commercial agent of the United States.

(New Article.) D. Sec. 1718, 3986.

ART. 131. [128.]-If the wife is a public merchant, she may, without being empowered by her husband, obligate herself in any thing relating to her trade; and in such case, 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 merchandise belonging to the commerce carried on by her husband.

C. C. 1786 (1779); C. N. 220; 3 R. 329; 6 A. 57; 12 A. 350; 14 A. 211; 15 A. 277; 16 A. 50, 212.

ART. 132. [129.]-If the husband is under interdiction or absent, the judge may, when satisfied of the fact, authorize the wife to sue or be sued, or to make contracts.

C. N. 222; 2 R. 282; 11 R. 506; 1 A. 264; 9 A. 197; 21 A. 576; 24 A. 486.

ART. 133. [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.

C. N. 223; 15 A. 54.

ART. 134. [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.

C. N. 225.

ART. 135. [132.]-The wife may make her last will without the authority of her husband.

C. C. 1480 (1467); C. N. 226.

CHAPTER 6.

Of the Dissolution of Marriage.

.ART. 136. [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 fourth chapter of this title; or when another marriage is contracted, on account of absence, when authorized 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 cohabitation, and to the common concerns, which existed between them.

C. N. 227; 11A. C57; 14 A. 623; 22 A. 10. Acts 1827, p. 130.

CHAPTER 7.

Of Second Marriages.

ART. 137. [134.]—The wife shall not be at liberty to contract another marriage, until ten months after the dissolution of her preceding marriage.

C. C. 960 (954); C. N. 228.

TITLE V.

OF SEPARATION FROM BED AND BOARD AND OF DIVORCE.

CHAPTER 1.

Of the Causes of Separation from Bed and Board and of Divorce.

ART. 138. Separation from bed and board may be claimed reciprocally for the following causes :

1. In case of adultery on the part of the other spouse;

2. When the other spouse has been condemned to an infamous punishment;

3. On account of habitual intemperance of one of the married persons, or excesses, cruel treatment, or outrages of one of them towards the other, if such habitual intemperance, or such illtreatment is of such a nature as to render their living together insupportable;

4. Of a public defamation on the part of one of the married persons towards the other;

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

6. Of an attempt of one of the married persons against the life of the other;

7. When the husband or wife has been charged with an infamous offense, and shall actually have fled from justice, the wife or husband of such fugitive may clain a separation from bed and board, on producing proofs to the judge before whom the action for separation is brought, that such husband or wife has actually been guilty of such infamous offense, and has fled from justice. (New Article.) C. C. 143-145 (141–143); C. N. 220, 230, 281, 232, 233, 251, 259, 260, 306; D. Sec. 1190. Acts 1827, p. 130. Acts 1882, p. 152. Acts 1855, p. 376. Acts 1857, p. 137. Acts 1870, No. 76.