RECORDING OF HOMESTEADS.

Act 114, 1880 p. 140.

AN ACT to carry out the provisions of articles 219 and 220 of the Constitution, in relation to recording homesteads and exemptions.

The person or persons claiming the benefit of the homestead and exemptions provided by law, pursuant to articles 219 and 220 of the Constitution of 1879, must execute a written declaration of homestead. This declaration must contain (1) a statement of the facts that show the person claiming the homestead and exemptions is a person of the description to be entitled thereto; (2) a statement that the person claiming it is residing on the land or lot claimed as homestead and owns it by a bona fide title, stating the nature of title; (3) a description of the lot or tract of land; (4) an enumeration of the other exemptions; (5) an estimate of the cash value of the homestead and exemptions, a statement of intention to claim such homestead and exemptions. The declaration must be sworn to and recorded in the book of mortgages for the parish where the homestead claimed is situated.

Homestead exemptions acquired since the adoption of the Constitution of 1879 must conform to the conditions and requirements imposed by it. Martin vs. Walker, 43 An. 1019. A registry of a farm as a homestead, including "the necessary quantity of corn and fodder for the current year" is sufficient, without specifying the quantity. Ducote vs. Rachal, 44 An. 580. Minor children, who partly earn their own living, but do not own property sufficient to maintain them, are persons dependent within the meaning of the constitutional exemption. Woods vs. Perkins, 43 An. 347. The sale of a homestead revives dormant judgments recorded against the owner, and follow the property into the hands of the vendee. Its repurchase by the vendor is subject to the judgments. Hebert vs. Mayer, 42 An. 839; Denis vs. Gayle, 40 An. 286. The homestead exemption does not revive. 42 An. 839. Bona fide ownership and actual residence are essential to the creation and maintenance of any homestead exemption. Martin vs. Walker, 43 An. 1019; Hayden vs. Slaughter, 43 An. 385. This applies also to homestead entries on public lands. 43 An1019. What will not divest homestead. Calvin vs. Woodward, 40 An. 627; and see Platt vs. Wyche, 41 An. 586.

The right to a homestead, properly designated and recorded by a husband, is not destroyed by his subsequent transfer by him of his property-not included in the declaration to his wife, in settlement of paraphernal funds due her. Spencer vs. Scott, Sheriff, et al., 46 An. 1209.

Const. 1868; see Garnier vs. Joffrion, 39 An. 884.

Act 64, 1888. To secure homesteads to actual settlers on the public lands of the State. Exemption from seizure. Printed under title “Public Lands."

Act 145, 1874, p. 261. "That hereafter any steamboat or other water craft wholly built in the State of Louisiana, of more than one hundred tons measurement, shall not pay to any corporation fees for wharfage; provided, that such exemption shall not extend beyond seven years from completion or registry of said vessel."

Ellerman vs. McMains, 30 An. 190.

HOUSES OF PUBLIC ENTERTAINMENT AND AMUSEMENT. 1697 to 1700. Common carriers of passengers may refuse to carry certain persons, but the rules and regulations for that purpose shall make no discrimination on account of color or race. Except as

provided in previous section, no person shall be refused admission, etc., at public inn, etc. All licenses granted shall contain express condition that no discrimination be made on account of race or color. Injured party has right of action for damage sustained under foregoing section. See Secs. 456 to 459.

1701, 1702. Landlord of hotel, etc., to keep iron safe, etc., for valuable articles belonging to his guests, etc. If provisions of foregoing section complied with, landlord, etc., not liable for money, etc., not deposited with him, etc. See R. C. C., Arts. 2968, 2969.

1703. Licenses which hotels, etc., shall pay. Superseded by license acts.

1704, 1705. Keepers of disorderly inn, etc., forfeit license, and are subject to other punishment. Keepers of taverns, etc., lodging, etc., deserters from merchant vessels; penalty. See Sec. 908, 909.

FIRE ESCAPES.

Act 107, E. S. 1877, p. 179.

AN ACT requiring hotel keepers and keepers of houses of public entertainment to provide knotted ropes in each room fronting on streets or alleys or avenues of escape, and to fix a penalty for violating the provisions of this

Act.

SECTION 1. That every keeper of a hotel or house of public entertainment of two or more stories in height shall keep constantly provided in each room fronting on any street, alley, or opening to any avenue of escape a knotted rope of sufficient length to extend to the ground, of not less than three-quarters of an inch in diameter, said rope to be made of cotton and to be saturated in a solution of alum or other non-combustible material.

SEC. 2. That notices shall be kept posted on the inside of all bedroom doors notifying tenants of the presence of the said ropes and their use.

SEC. 3. That any hotel keeper or keeper of any house of public entertainment who shall violate the provisions of this Act shall be deemed guility of a misdemeanor, and on conviction thereof shall be fined in the sum of five hundred dollars.

SEC. 4. That this Act shall take effect from and after thirty days after its passage

HUSBAND AND WIFE.

1706 to 1708. A special in lieu of the general mortgage may be agreed on in the marriage contract when parties are of age, with authority of judge and on advice of five relations or friends of wife. It may be substituted during marriage. Even where wife is minor, judge may grant authorization on advice of family meeting and curator ad hoc of wife. See R. C. C., Arts. 2378 to 2380.

1709. Property of non-resident married persons subject to law of community of acquets and gains. See R. C. C., Art. 2400.

1710. In absence of ascendants and descendants, and when no disposition is made by last will, survivor has usufruct during life, of share of deceased in community. See R. C. C., Art. 915.

1711. When there is issue of marriage and no disposition by will, usufruct is only of inheritance of issue, until survivor contracts second marriage. See R. C. C., Art. 916.

1712. What are competent witnesses. Husband and wife are not for or against each other; exception. See R. C. C. 2281 as amended by Act 59, 1888, p. 61.

Act 29, 1886, competent witnesses in criminal matters, printed at p. 276.

1713 to 1715. inclusive provide the manner in which married woman may borrow money and contract debts for her separate benefit, grant mortgages, etc. See R. C. C., Arts. 126 to 128.

1716. Widows and unmarried women may bind themselves as sureties, etc., in the same manner as men of full age. See R. C. C. 25, part 2.

1717. Married women above 21 may, with consent of husband, renounce in favor of third persons their matrimonial, dotal, paraphernal and other rights. See R. C. C., Art. 129.

1718. Married woman, having mortgage or privilege on property of husband, may, during her absence, appoint agent to intervene in sale or mortgage made by husband, and so renounce her right. Power of attorney, how executed. See R. C. C. 130.

1719. Where the marriage is performed in this State and parties remove to a foreign country, the wife may, on returning, obtain divorce or separation at the domicile where the marriage was contracted, for acts committed in such foreign country. See R. C. C. 142. 1720. Bigamy-what is not. See Sec. 800.

BENEFIT OF INVENTORY AT DISSOLUTION OF MARRIAGE.

Act 4, 1882, p. 5.

AN ACT to authorize wives, at the dissolution for any cause of the marriage community to accept the community of acquets and gains under the benefit of inventory in the same manner and with the same benefits and advantages as heirs are allowed by existing laws to accept a succession under the benefit of inventory.

That at the dissolution for any cause of the marriage community, it shall be lawful for the wife to accept the community of acquets and gains under the benefit of inventory, in the same manner and with the same benefits and advantages as heirs are allowed by existing laws to accept a succession under the benefit of inventory.

IMMIGRATION.

1721 to 1737 (Act 93, 1869, p. 106) are repealed by Act 154, 1874, p. 271.

Act 154, 1874, p. 271.

AN ACT to repeal the act of March 8, 1869, creating the Commission of Immigration, to establish a Bureau of Immigration, together with proper police regulations for the government, supervision and protection of immigrants arriving at the port of New Orleans; to save the State harmless from the importation from foreign countries of such persons as are apt to become a charge upon the State, and to increase the revenue of the Charity Hospital. Section I repeals Act 93, 1869 (supra Secs. 1721 to 1737).

Secs. 2, 3. Establishment of Bureau of Immigration and appointment of commissioners. Superseded by Act 141, 1894, printed at p. 6.

SEC. 4. That within twenty-four hours after the landing of any passenger or passengers from any ship or vessel arriving at the port of New Orleans from any of the United States, other than this State, or from any country out of the United States, the master or commander of the ship or vessel from which such passenger or passengers shall have been landed, shall make a report in writing on oath or affirmation to the chief of the Bureau of Immigration, at his office in the city of New Orleans, which report shall state the name, place of birth, last legal residence, age and occupation of every person or passenger who shall have landed from such ship or vessel, on her last voyage to said port, not being a citizen of the United States, and who shall have within the last twelve months arrived from any country out of the United States, at any place within the United States, and who shall not have paid the commutation money, or being bonded according to the provisions of this act; the same report shall contain a like statement of all such persons or passengers aforesaid as shall have been landed or been suffered to land from any such ship or vessel at any place during such last voyage, or who shall have been put on board or suffered to go on board of any other ship or vessel, or boat with the intention of proceeding to and landing at the said city of New Orleans, or elsewhere within the limits of the State. The said report shall further specify whether any of the said passengers so reported are lunatic, idiotic, deaf, dumb, blind, infirm, maimed, or above the age of sixty years; also, designating all such passengers as shall be under the age of thirteen, or widows having families, or women without husbands having families, with the names and ages of their families, and shall further specify particularly the names, last place of residences, and ages of all passengers who may have died during the said last voyage of such vessel; also the names and residences of the owner or owners of such vessel. In case any such master or commander shall omit or neglect to report as aforesaid any such person or passenger, with the particulars aforesaid, or shall make any false report or statement in respect to any such person or passenger, or in respect to the owner or owners of any such vessel, or in respect to any of the particulars hereinafter specified, such master or commander shall forfeit the sum of one hundred dollars for every such passenger in regard to whom any such omission or neglect shall have incurred, or any such false report or statement shall be made, for which the owner or owners, consignee or consignees of any such ship or vessel shall also be liable, jointly and severally, and which may be sued for and recovered as hereinafter provided.

SEC. 5. That it shall be the duty of the Commissioners of Immigration, or the chief of the bureau by an indorsement to be made on said report, to require the owner or consignee of the ship or vessel from which such persons were landed to give a several bond to the people of the State in a penalty of three hundred dollars for any and every person or passenger included in said report, such bond being secured as hereinafter provided and conditioned, to indemnify and save harmless the Commissioner of Immigration, and each and every city, town or parish in this State from any costs which said commissioners or such city, town or parish shall incur for the relief or support of the person named in the bond, within five years from the date of such bond, and also to indemnify or refund to

the said commissioners any expense or charge they may necessarily incur for the support or medical care of the persons named therein. Each and every bond shall be secured by two or more sufficient securities being resident of the State of Louisiana, each of whom shall prove by oath or otherwise that he is owner of a freehold in the State of the value of three hundred dollars over and above all and any claim or lien thereon, or against him, including therein any contingent claim which may accrue from or upon any former bond given under the provisions of this act; said bonds having been approved first by the Commissioners of Immigration, who may reject any of said bonds, if in their judgment the security offered is not valid and sufficient. It shall be lawful for any owner or consignee, at any time within twenty-four hours after the landing of such persons or passengers from any ship or vessel in the port of New Orleans, except as in the section herein provided, to commute for the bond or bonds so required, by paying to the Commissioners of Immigration, or their appointed agent, the sum of two dollars for each and every passenger reported by him, as by law required; the receipt of such sum by said commissioners or agent shall be deemed a full and sufficient discharge from the requirements of giving bonds as above provided, but no owner or consignee shall be authorized to commute for the bond so required for any passenger arriving in the port of New Orleans, who may have to be sent to the Charity Hospital, on account of illness, or for any passenger who, on examination, shall be found either lunatic or idiotic, or dumb, blind or maimed, or infirm, or above the age of sixty years, or widow, with a child, or children, or any person unable to take care of himself or herself without becoming a public charge. The Commissioners of Immigration shall have authority to commute specially for any bond in such cases in such manner as shall appear to them equitable and proper. It shall be the duty of the health officer to report without delay to the Commissioners of Immigration the names of all passengers sent by his order from shipboard to any hospital on account of illness from ship fever, cholera or yellow fever. And in case that any owner or consignee of any vessel arriving at the port of New Orleans shall fail, neglect or refuse to give the bond or bonds required by this act, or pay the commutation money as above set forth within the time prescribed as aforesaid, said owners and consigness shall forfeit and pay unto the said Commissioner of Immigration the penalty of one hundred dollars in the case of each and every person or passengers for whom they shall fail, neglect or refuse to give bond or pay the commutation money as in this act set forth, which sum or sums may be sued for and recovered in any court of competent jurisdiction, with judgment in solido, against such owners and consignees.

SEC. 6. That in case any of the persons for whom commutation money has been paid as aforesaid, or for whom a bond has been given as aforesaid, shall at any time within five years from the payment of such money, or the execution of such bond, become chargeable upon any city, town or parish within this State, it shall be the duty of said commissioners to provide for the payment of any expenses incurred by any such city, town or parish for the maintenance and support of any such person out of the commutation money to be paid as aforesaid, and the money collected on such bonds so far as the same will enable them to do.

SEC. 7. That the moneys received by Commissioners of Immigration for commutation or otherwise, and which are not absolutely necessary for the maintenance of the Bureau of Immigration for the payment of its salaried officers and to cover such other expenses as the commissioners, in their judgment, find necessary to make for the bureau, shall be turned over by them to the treasurer of the Charity Hospital at the city of New Orleans, taking his receipt for the same, to be used for the sole and exclusive benefit of the said Charity Hospital, at the discretion of the administrators thereof. All moneys received by the Commissioners of Immigration shall be paid out on the warrant of said commissioners or a majority of them.

SEC. 8. That it shall be the duty of the Chief of the Bureau of Immigration to generally supervise the arrival of immigrants at the port of New Orleans; to assist and advise them in order to protect them against imposition or false information; to visit and examine the vessels which have immigrants on board, as also to inspect the general condition of the individual immigrants; to make a register of such immigrants, showing name, ages, places of birth, sex, profession, trade and destination, which register shall be filed in his office; to report to the