LAWS.

2166. Repeal of Certan Laws.-All the civil laws which were in force before the promulgation of the Civil Code are abrogated, except so much of title tenth of the old Civil Code as is embraced in its third chapter, which treats of the dissolution of communities or corporations (Act, 1828, Sec. 25, p. 60).

Sec. 3990.

2167. Repeal of Rules of Precedure.-All the rules of proceeding which existed in this State before the promulgation of the Code of Practice, except those relative to juries, recusation of judges and other officers, and of witnesses, and with respect to the competency of the latter, are abrogated.

Sec. 3990.

2168. Promulgation of laws. Superseded by Const., Art. 40. 2169. Registry by Secretary of State of titles of acts and dates of promulgation, to be evidence thereof. See R. C. C., Art. 6, part 2.

2170. Promulgation by Clerks of Court.-The duties now imaosed on the clerks of the courts of this State to insert in a register, to be kept for that purpose, the title of the laws, which shall have been directed to them, together with the day on which they shall have received them, shall not be considered as necessary to the promulgation of such laws (Act, 1827, Sec. 2, p. 172).

2171. Statutes and Digests of Other States.-The public statutes and digests of other States shall be received in the courts of this State as prima facie evidence of the statute laws of the States from which they purport to emanate (Act 158, 1855, 209).

2172. Adopting the common law of England in construing crimes, etc. See Sec. 976.

See note at p. 257.

LEGITIMACY.

2173. Modes of Legitimation.-That so much of the article two hundred and seventeen as abolishes all other modes of legitimation except that by marriage, be, and the same is hereby repealed, and that law seventh, title fifteenth, of the fourth Partidas, which was repealed by said article of the Code, be and the same is hereby revived; and that natural fathers and mothers shall have power to legitimate their natural children, by acts declaratory of their intentions, made before a notary and two witnesses. Nothing herein

contained shall be so construed as to prevent a white parent from legitimating a colored child, nor to prevent a person of color from legitimating his colored children; Provided, The natural children are the issue of parents who might, at the time of conception, have contracted marriage; And, provided, That there do not exist, on the part of the parent legitimating his natural offspring, ascendants or legitimate descendants.

Another way of legitimating natural children is, where a father declares by writing executed by his own hand, or which he causes to be executed by a notary public, and attested by three witnesses, that he acknowledges such a one for his son, designating him expressly by name. But in such acknowledgment the father ought not to say he is his natural son; for if he does the legitimation will have no effect. Likewise, where a man has several children by a concubine (amiga), and he acknowledges one of them only in writing, in the manner above mentioned; by such acknowledgment, the other brothers and sisters will be legitimated, though no mention be made of them, so far as to enable them to inherit the estate of their father, as effectually as the one whose name is mentioned in the writing. And what we say in this and the preceding laws, is to be so understood that they who are therein mentioned as being legitimated, can inherit both the estates of their fathers and other relations (Act, 1831, p. 86).

Act 68, 1870, p. 96.

SECTION 1. That natural fathers and mothers shall have power to legitimate their natural children, by acts declaratory of their intentions, made before a notary public and two witnesses: Provided, That there existed at the time of the conception of such children, no other legal impediments to the inter-marriage of their natural father and mother except those resulting from color or the institution of slavery.

SEC. 2. That all laws or parts of laws in conflict with the provisions of this act, except an act entitled an act relative to marriages, approved November fifth, one thousand eight hundred and sixty-eight, be and the same are hereby repealed.

The declaration in the act of legitimation that the child about to be legitimated is a natural child, has not, under the law (Act 68, 1870), as it is at present, the effect of destroying the proposed legitimation. Marionneaux vs. Dupuy, 48 An. 499; see Succession of Llulla, 41 An. 87.

Act 54, 1894, p. 63, amends R. C. C., Art. 94, and forbids celebration of marriages between white persons and persons of color, and such celebration carries with it no effect, and is null and void.

2174. Private or Religious Marriages.-All private or religious marriages contracted in this State, at any time previous to the passage of this act, shall be deemed valid and binding, and as having the same force and effect as if said marriages had been contracted with all the formalities and forms prescribed by the laws then exist

ing; Provided, That at any time within two years from the date of this act the parties having contracted such private or religious marriages shall, by an authentic act before a duly commissioned notary public, if they reside in the State, or before a competent officer, if they reside in another State, or before a United States Ambassador, Charge d'Affaires, or Consul or Vice Consul, if they reside in a foreign country, make a declaration of their marriage, the date on which it was contracted, the names, sex and ages of the children born of said marriages, acknowledging said children as their legitimate offspring, and in accepting the benefit of this act bind and obligate themselves to perform all the duties and to assume all the obligations imposed by existing laws in relation to civil marriages, and to abide by the same; And provided, That no marriage shall be ratified, nor the issue of such marriage legitimatized by or according to the provisions of this act, when there existed, at the date of such private or religious marriage, or at any time since, any other legal impediment to the marriage of the parties to the private or religious marriage than that of race or color (Act 210, 1868, p. 278).

2175. Effect of Such Marriages.-All marriages, duly legalized as aforesaid, shall have, from the date on which they were privately or religiously contracted, full force and effect as if they had been contracted with all the formalities and forms required by the then existing laws, and the children born of said marriages and acknowledged as aforesaid, shall have and enjoy all the rights and privileges granted by existing laws to legitimate children.

2176. Community of Acquets and Gains.-All marriages legalized as aforesaid shall be deemed contracted under the law of community of acquets and gains, unless other stipulations authorized by existing laws are agreed between the parties and embodied in the authentic act legalizing their marriages; Provided, That any other stipulation than that of community of acquets and gains shall only have effect from and after the date of the authentic act making the marriage legal and valid in law, as provided in the 2174th section of this act.

2177. Applicable to All Marriages.-The said right of making private or religious marriages legal, valid and binding, as aforesaid, shall apply to marriages of all persons of whatever race or color, as well as to marriages formerly prohibited by article ninety-five of the Civil Code of Louisiana, or by any other article of said Code, or by any law of the State.

See Sec. 2173 and note.

2178. Legitimation of Consensual Marriages.-Any parties who, at any time previous to the passage of this act, have lived to

gether as man and wife, and who desire to contract a legal marriage, shall be entitled to the benefit of the provisions of this law, and the issue of such cohabitation shall be hereby legitimatized upon the parties complying with the foregoing requirements, subject, however, to the exceptions contained in section 2174.

LEPER HOME.

CREATION, ETC.

Act 85, 1892, p. 103.

AN ACT to prevent the spread of Leprosy and to provide for the treatment of same and for isolation of persons afflicted with said disease and penalties for non-compliance with the provisions of this act.

SECTION 1. That whereas the disease known as Leprosy which is contaminating and dangerous to the public health and welfare, exists in this State and that persons afflicted with said disease are permitted to be at large thus endangering Public Health.

SEC. 2. That all persons affiicted or suffering with said disease of Leprosy shall be confined in an institution isolated and used for the treatment of said disease, and it shall be a misdemeanor for any one to harbor a Leper or Lepers, and the penalty to be imposed upon any one harboring said Leper or Lepers and refusing to commit them to the care of said institution shall on conviction before any committing magistrate in this State, be subject to a fine of not less than five dollars nor more than $25 or imprisonment for a term not exceeding thirty days, said fine shall go to the support of said institution and said party so found to be a Leper shall be committed to said institution. That whenever it shall be made known to the Judge of the District Court, by the petition and oath of any individual, that any person afflicted with Leprosy within his District ought to be sent to or confined in said institution, it shall be the duty of said Judge to issue a warrant to bring before him, in chamber said person so afflicted with Leprosy and after proper inquiry into all the facts and circumstances of the case, if in his opinion, he ought to be sent or confined in said institution, he shall make out his warrant to the sheriff of the parish, commanding him to convey said leper to said institution; for which duty the sheriff shall have the right to demand the same fees as are now allowed by law for the conveyance of insane persons to the State Insane Asylum, which shall be paid out of the parish treasury upon the order of the District Judge, and likewise all other expenses previously incurred in bringing said person before the District Judge.

SEC. 3. That the buildings and institution situated in the City of New Orleans in this State, now used or that may hereafter be selected or directed to be used for the care of and treatment of Leprosy, under a contract with the City of New Orleans, by virtue of an ordinance No. 5785, passed and adopted on the thirty-first day of March, 1891, shall be the institution to which Lepers shall be sent and committed under the penalties provided for in section 2 of this act.

BOARD OF CONTROL, ETC.

Act 80, 1894, p. 92.

AN ACT to provide for the appointment of a Board of Control for the Leper Home and to provide for the care and treatment of persons so afflicted with Leprosy.

SECTION 1. That a Board of Control, for the Leper Home, consisting of seven members, to be appointed by the Governor of the State, by and with the advice and consent of the Senate; whose duty it shall be to provide for the

proper care, treatment and maintenance of all persons in the State of Louisiana, who are now or may hereafter be afflicted with Leprosy, and for that purpose they shall be authorized to arrange for a contract with any responsible physician skilled in care and treatment of such disease for the care, treatment and maintenance of all such persons, so afflicted; that said Board shall have power to remove for cause said contracting physician, and annul his contract and to enter into a new contract with any other physician in accordance with Act No. 85 of the session of 1892.

SEC. 2. That the sum of Five Thousand Dollars be and the same is hereby set apart for the purposes of repairing or constructing and improving such buildings as may be necessary for the purposes of said Institute.

SEC. 3. That the sum of Ten Thousand Dollars per annum be and the same is hereby appropriated for the purpose aforesaid, and the Auditor is hereby authorized to warrant monthly, for the said amounts on the order of the President of said Board countersigned by the Secretary of same.

SEC. 4. That as soon as practicable after the appointment of said Board, they shall meet and organize by electing a President and Secretary whose duties shall be prescribed by said Board. All vacancies whether by death, resignation or otherwise on said Board shall be filled by the Governor.

SEC. 5. That the amount of appropriation provided for herein shall take effect and be available from and after the organization and appointment of said Board, and whose salaries shall be fixed by said board, and after the election of said physician having been certified to by the Secretary of State.

SEC. 6. That all laws or parts of laws in conflict herewith be and the same are hereby repealed.

LIBRARY.

2179. State Library Established.-There shall be established a Public Library of the State of Louisiana, which shall be placed in the State House (Act 329, 1855, p. 459).

2180. Appointment of Librarian and Assistant.-It shall be the duty of the Secretary of State, immediately after the passage of this act, to employ a competent librarian at an annual salary not to exceed two thousand dollars, and an assistant librarian at an anuual salary not to exceed eighteen hundred dollars, and both librarian and assistant shall be required to enter into good and solvent bond in the sum of five thousand dollars with the Governor of the State for the faithful performance of their respective duties (as amended by Act 51, 1873, Sec. 1, p. 105).

Act 26, 1877, Sec. 8, p. 29, reduces annual salary of Librarian to nine hundred, and of assistant librarian to six hundred dollars.

2181. Bond of Librarian.-Before entering upon the duties of his office, the Librarian shall give bond to the State of Louisiana, in the sum of five thousand dollars, with sufficient security to the satisfaction of the Governor, and conditioned, as the law directs, for the faithful performance of his duties, and the proper care and custody of the books and papers delivered to him. The bond shall be deposited in the office of the Secretary of the State (Act 329, 1855, p. 459). 2182. Inventory-When to be Taken.-Before the Librarian