Слике страница
PDF
ePub

Act to be fu'l proof against her and her heirs.

Widows and un

married women authorized to

bind the...selves

Manner in

wom n may re

the foregoing section of this act, which certificate, on presentation to a notary, shall be his authority for drawing an act of mortgage or other act which may be required for the security of the debt contracted, and shall be annexed to the act, which act, when executed, as herein provided for, shall furnish full proof against her and her heirs and be as binding in law and equity in all courts of this State, and have the same effect, as if made by a femme sole.

SEC. 3984. It shall be lawful for the widows and unmarried Women of age to 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.

SEC. 3985. Married women, above the age of twenty-one years, shall have the right, with the consent of their husbands, by act which married passed before a notary public, to renounce in favor of third persons, nource in lavr their matrimonial, dotal, paraphernal and other rights; Provided, of third perous That the notary public, before receiving the signature of any married woman, shall detail in the act, and explain verbally to said narried woman, out of the presence of her husband, the nature of ner rights and of the contract she agrees to.

Power of mar

ried women to app in agents

in certain cases.

1847-145-1

Art. 347, C. P.

SEC. 3986. It shall be lawful for any married woman, having a mortgage or privilege on the property of her husband, to appoint one or more agents, with power in her behalf during her temporary or permanent absence from the State, to intervene in any contract of mortgage or sale made by the husband, and sign in her behalf such renunciation of said mortgage or privilege as the wife herself might do, if personally present, and the said power may be either general or special, and may be executed in the United States before any judge or justice 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.

SEC. 3987. No court shall make an order requiring a female to answer interrogatories on facts and articles, in open court, unless Not quired to the party propounding them, or his agent or attorney, shall make answer intro- oath to the materiality of the interrogatories, that they are not propounded for the purpose or in the hope of having them taken for confessed, but with the bona fide desire to have them truly answered Ler testimony. by the party interrogated.

ga cris in oven

curt with ut

affidavit of the materiality of

1869-114. Recording of

mr gages and privileges in

Women.

SEC. 3988. In order to preserve the mortgages or privileges accorded by law in favor of married women for the preservation of their dotal, paraphernal or other rights against their husbands, it shall be the duty of every married woman, or any person for her, to fa or of married cause to be recorded in the mortgage book in the parish or parishes in which their husbands may own mortgageable property, the evidence of their mortgage or privilege. If it be in the shape of a public act, or act under private signature, act of partition, judgment or other written act, the same must be recorded in the form now required in recording such acts, and if it be not in the shape of a written act, as above indicated, then a written statement made by the wife, or the husband, or any other person having knowledge of the fact of the amount due to the wife for which she may be entitled to a mortgage or privilege against her husband by existing or any subsequent law detailing accurately the facts and circumstances on which such claim may be based, which written statement shall be sworn to by the person making it, and duly recorded as above directed. The wife is hereby specially authorized to perform the above acts independent of her husband, and mortgages or privileges

so recorded shall only have effect against third persons from the date of their being recorded in the several parishes in which they may be recorded.

1828-174-12. Art. 999, . P.

miuer author

and

SEC. 3989. The nine hundred and ninety-ninth article shall be so Am ried amended as to authorize a married woman, who is a minor, to sue woman who is a and be sued, even in the case provided for by the said article; ize o su provided she acts under the authority and with the consent of her be sue ain ca es, with husband, though himself a minor; and, in such case, it shall not be the cons nt of necessary to appoint to her a curator ad litem.

SEC. 3990. That all laws or parts of laws contrary to or in conflict with the provisions of this act, and all laws or parts of laws on the same subject matter, except what may be contained in the Revised Civil Code and Code of Practice of the present session, be and the same are hereby repealed, except the thirty-third section of an act entitled "An Act for the punishment of crimes and misdemeanors," appoved May fourth, eighteen hundred and five, and that in so far as there may be any conflict between the provisions of this act and any provision of the said Revised Civil Code and Code of Practice, that said Code shall be held and taken as the law governing, and that this act take effect on the first day of April, A. D. one thousand eight hundred and seventy.

MORTIMER CARR,

[blocks in formation]

in cer

her husban.

ABSENTEE

A

Proceedings in case of absentee for more than ten years.

Estate to be settled as in vacant estates..

The curator to continue to act..

Prescription as to non-residents.
Oath by agent or attorney..

ACCOUNT-

Accounts to be kept in dollars and cents...

Prescription of open accounts...

Suits against administrators, etc., to be continued against the heirs.

ADMINISTRATOR-

Suits against administrators, etc., to be continued against the heirs by making
them parties.

Executors, etc., to deposit money in bank.

Penalty for failing to do so.

To exhibit an account of funds on hand.

To render an account once in twelve months..

May be ompell d to give new secu ity....

[merged small][merged small][merged small][ocr errors][merged small]
[ocr errors][merged small][subsumed][subsumed][merged small][ocr errors]

To remain in office until the estate is finally settled

To qualify within ten days after their appointment..

9

The heir or surviving partner in an ordinary partnership authorized to buy at
sales of estates represented by them...

9

Foreign heirs and legatees to pay a tax of ten per cent. on estates inherited by
them

Administrator's sales, by whom made....

How, and in what case sureties may be received residing out of the parish.
Formalities to be complied with by sureties on certain bonds being released.
On proof made of maladministration, principal bound to furnish new bond..
Release of the suret es when it tak place...

Suits against sureties of administrators-when instituted.

Repre entati es o' estates to r tain the t xin th ir h nds...
Administrators not to lose their administration on account of absence when they
leave an agent.

[ocr errors]
[blocks in formation]

ADVERTISEMENT-

Designation of the official journals...

20

All p roch al and udici printing and avert si g to be ma`e in them.

[blocks in formation]
[ocr errors][subsumed][subsumed][subsumed][merged small][merged small][merged small]

Parochial and municipal advertisements.

25

11

Manner of rendering accounts.

[blocks in formation]

Munic pal printing

[blocks in formation]
[blocks in formation]

Signing judgment sufficient notice when appeal is taken in open court.
Time of return to be fixed.

[blocks in formation]
[blocks in formation]

Appeals from parish to district courts tried de novo..

[blocks in formation]

Writ eu testimony and o:i na pap r evidenc in appell t court.

[blocks in formation]

Laws relative to certain appeals from district courts applicable to appeals from
parish courts..

[blocks in formation]

Appeals in suits intended to obstruct the collection of certain taxes.

[blocks in formation]

Right to appeal from the decision of the regi ter..

[blocks in formation]

Time in which he appeal may be taken....

[blocks in formation]
[blocks in formation]

Deposit of ten dollars to be made in cases of appeal from justices' courts.

[blocks in formation]

Clerk and ap ellan labl fo difference between depos.ts and actual costs.
Appeals in the parish of Jeffern...

[blocks in formation]

Appeals under the int us on act..

[blocks in formation]

Judgmen rendered by the Supreme Court in New Orleans to be final after the
lapse of six judicial days

[blocks in formation]

Parties to sits or their nominees may be appraisers; sheriff or auction er to be
umpi e; no app a se's fe allowed...

[ocr errors]

In su ces ion sales administ ator, tc., and creditor ap raisers; sheriff or auc-
tioneer ump e; no ees al owed ap rais rs...

When cour. to designate appraises; appraisers not qualifying, | roperty to be sold
w.thou a prais ment...

[ocr errors]

18

64

18

18

66

18

19

68

13

69

1

[blocks in formation]

As ent parent, t tor or curato, i there be one, necessary; otherwis, the assent
of the M yor o th it of New O lens cr o. the parish judge.

[blocks in formation]
[ocr errors]

20

21

Form of inde tureer i'ude..........

76

21

[blocks in formation]

Clau e requiring apprentice to be taught the rudiments of an education..

[blocks in formation]
« ПретходнаНастави »