REMOVAL OF CHILDREN FROM CUSTODY OF PARENTS, ETC.

Act 79, 1894, p. 91.

AN ACT to empower Judges of District Courts throughout the State to remove children from the custody of such parents or parent, tutor or other person having the care of children, whenever the physical or moral welfare of such child is seriously endangered by the neglect or abuse or the vicious or immoral habits of the custodian, and to provide such child or children with a home in some institution in the State and to authorize the Louisiana Society for the prevention of cruelty to children, to conduct the proceedings, and to provide penalties for a violation of this act.

SECTION 1. Whenever an affidavit shall be made before any district judge that the physical or moral welfare of any child in the State is seriously endangered by the neglect, or abuse, or the vicious, or immoral habits, or associations, of its parents, or parent, tutor, or other person having the custody of such child, or that the physical or moral welfare of any such child is seriously endangered by the inability, refusal or neglect of such parents, parent or tutor or custodian to properly care for such child, it shall be the duty of such district judge to summon witnesses, as to the facts set forth in such affidavit, and also such parents, or parent, tutor or custodian of such child, and if the proofs be sufficient to establish the facts set forth in such affidavit, it shall be the duty of such judge to cause such child to be removed from the custody of such parents or parent, tutor or custodian, and provided with a home or such place for safekeeping, and provision of such child as may be available and in his best judgment most suitable.

SEC. 2. It shall be a misdemeanor for said parents or parent, tutor or custodian to interfere with or remove such child from the place so provided without the written consent of such judge, punishable by imprisonment not exceeding thirty days, or fine not exceeding one hundred dollars, or both.

SEC. 3. Any district judge committing any child under this act shall have the power at any time after making such commitment upon proper showing to restore said child to his parents or parent, tutor or custodian.

SEC. 4. The Louisiana Society for the Prevention of Cruelty to Children shall be and the same is hereby authorized to institute and conduct the said proceedings in the name of the State of Louisiana; provided that in case of judgment in favor of the defendant in such proceedings the said Society for the Prevention of Cruelty to Children shall in no event be liable for any costs of court.

Act 106, E. S. 1877. Change of name, printed under title "Names."

Act 21, 1890. Bonds belonging to minors may be sold at private sale, printed under title "Successions."

Act 83, 1896. May subscribe and withdraw stock in building associations, printed at p. 83.

Sec. 277.

Money or other property deposited in certain banks, by minors themselves, may be drawn out by them upon their own signature.

Act 61, 1892. Right to appoint tutor by will, when surviving parent is an interdict, etc., printed under title "Tutor."

Act 45, 1894. Women may be appointed to the tutorship in certain cases, printed under title "Tutor."

Act 83, 1882 (amending Act 116, E. S. 1877), Act 55, 1894. Prohibiting the sale of liquor to minors, printed at p. 231.

Act 46, 1890.

Act 43, 1886.

Prohibiting sale of weapons to minors, printed at page 239. Regulating employment of minors, etc., printed at p. 515; Act 59, 1892, prohibiting their employment as gymnasts, etc., printed at p. 516; Act 60, 1892, in cleaning, etc., dangerous machinery, printed at p. 516.

Act 124, 1888. Pending proceedings for separation or divorce, custody of children given to wife, amending R. C. C. 146.

See titles "La. S. P. C. C.," p. 533, "Tutors," "Mortgage." "Legitimacy."

MONITION.

2370. When Applicable.-The purchasers of property at sheriffs' sales, those made by authority of the court, those made by the syndics of insolvent estates, and finally those of any description which are made by the authority of justice, and all subsequent purchases by a regular chain of title, may protect themselves from eviction of the property so purchased, or from any responsibility as possessors of the same, by pursuing the rules hereinafter prescribed (Act 331, 1855, p. 463).

A judgment rendered on a monition proceeding can not cure a radical defect in the title of the purchaser of the property at a tax sale. Fix vs. Succession of Dierker, 30 An. 176.

2371. Advertisement.-It shall be the duty of the purchasers, if the purchase has been made within the limits of the city and parish of Orleans, to publish three times, or if the sale has been made out of the limits of the parish and city aforesaid, to publish the same for the space of time and in the manner required for advertising judicial proceedings, a monition calling on all persons who can set up any right to the property, in consequence of informality in the order, decree or judgment of the court, under which the sale was made, or any irregularity or illegality in the appraisement or advertisement, in time and manner of sale, or for any other defect whatsoever, to show cause within thirty days from the day the monition is first inserted in the public papers, why the sale so made should not be confirmed and homologated.

2372. Description of Property.-This monition shall state the judicial authority under which the sale took place, and shall also contain the same description of the property purchased as that given in the judicial conveyance to the buyer, and shall further declare the price at which the object was bought.

2373. Judges May Grant.-The judges of the respective courts from which the orders, decrees or judgments may have issued, and in virtue of which the sales ought to be homologated, which have been made, shall, on application of the buyer, grant this monition in the name of the State, and affix to it the seal of the court.

2374. Judgment on Monition.-At the expiration of the thirty days, the party obtaining the monition may apply to the judge of the court, out of which the monition is issued, to confirm and homologate the sale, and it shall be the duty of the judge in case no cause is shown against the prayer for the monition, to homologate and confirm the judicial sale in question; Provided, always, That before he does

so confirm it, he shall be fully satisfied that the advertisements have been inserted in the newspapers, as already directed, and that the property has been correctly described, and the price at which it was purchased, truly paid; but in case opposition be made to the homologation, and it should appear that the sale was made contrary to law, it shall then be the duty of the judge to annul it, otherwise to confirm it, as in case no opposition was made.

2375. Effect of Judgment.-The judgment of the court, on the monition aforesaid, shall be in itself conclusive evidence that the monition has been regularly made and duly advertised, nor shall any evidence be received thereafter to contradict the same, or to prove any irregularity in the proceeding.

2376. As Res Adjudicata.-The judgment of the court, confirming and homologating the sale, shall have the force of res judicata, and operate as a complete bar against all persons, whether of age or minors, whether present or absent, who may thereafter claim the property sold, in consequence of all illegality or informality in the proceeding; whether before or after judgment; and the judgment of homologation shall in all cases be received and considered as full and conclusive proof that the sale was duly made according to law, in virtue of a judgment or order legally and regularly pronounced on the interest of parties duly represented.

2377. Exceptions to Validity of Judgment, etc.-Nothing herein contained shall be taken or understood so as to render valid any sale made in virtue of a judgment when the party cast was not duly cited to make defense; and in every case where minors are interested, they shall have their recourse on their tutors, if they have improperly neglected to make opposition to the confirmation of the sale of their property.

2378. Costs, by Whom Paid.—Where no opposition is made to the confirmation of the sale, the cost of attending the proceeding shall be paid by the party who prays for the monition; and where opposition is made, the costs shall be borne by the party against whom judg. ment is rendered.

2379. Construction.-Nothing herein contained shall be construed or understood to authorize the purchaser at a judicial sale to refuse carrying the same into effect, or to delay the payment of the price for a greater space of time than is now allowed by law.

2380. Applicable to Tax Sales.-The provisions of the foregoing section shall be extended to tax sales; Provided, Such sales shall have been made for the time within which, by law, the property could be redeemed, before the monition is applied for.

MORTGAGE.

2381. Recording of mortgage to preserve privilege of married women for the preservation of their dotal or paraphernal rights, etc. See Sec. 3988.

2382. Recording of bonds of tutors and certificates of inventory of minors' property. See Sec. 2360.

2388, 2384. Recording of bond of curator, etc., a condition precedent to appointment. Recording of inventory of property of minors or interdict, or statement of its value under oath, operates as a mortgage on property of intermeddler. See Secs. 1100, 1101.

2385 to 2387. Mortgage on property of tutrix' husband. Record of adjudication of minor's property operates as mortgage. Record of certificate of amount of inventory operates as mortgage on property of surviving parent. See Secs. 2362 to 2364.

2388. Recording of authentic, of private written acts, and of claims not in writing. See R. C. C., Art. 3348.

2389. Books of Record.-All mortgages and privileges shall be recorded in the same book or series of books in each parish; this act being intended to do away with separate mortgage books in each parish (Act 95, 1869, p. 114).

2390. Recording operates as mortgage, but is not evidence of validity of debt. See R. C. C., Art. 3357.

2391. Abstract of inventories made before a certain time. See Sec. 2366.

2392. Parents taking possession of property of minors, etc., shall make and record inventory thereof. See R. C. C., Art. 3350. 2393. Bills of sale, mortgages, etc., of ships, etc., may be recorded; effect thereof. effect thereof. See Sec. 3670.

2394. Parties to act may waive production of mortgage certificate. See Sec. 2514.

2395. Mortgages on property expropriated follow proceeds. See Sec. 1491.

2396 to 2398. Authority of railroad companies to mortgage their property; effect of recording. Copies of books and records, etc., of railroad companies shall be received as evidence. Secs. 692 to 694.

2399. Mortgages Which Need Not Be Reinscribed, etc.Article three thousand three hundred and thirty-three is hereby amended so that the rule requiring the reinscription of mortgages, at the expiration of ten years from date of their registry, shall not apply

to the mortgages which have been or may be given by the stockholders of the various property banks of this State.

Article three thousand three hundred and thirty-three of the Civil Code shall be so amended that it shall be the duty of the recorder of mortgages, or person acting as such, to cancel and erase, on the simple application in writing to that effect, by the owner, creditor of the owner, or other party interested, all inscriptions of mortgages which have existed, or may exist on their record for a period exceeding ten years, without a renewal of such inscription; Provided, however, That this section shall not apply to mortgages against husbands for the dotal and other claims of their wives, to mortgages against tutors and curators in favor of minors, interdicted or absent persons, nor to mortgages in favor of the property banks (Acts, 1842, p. 232; 1843, p. 52).

R. C. C. Art. 3369.

2400. Exceptions Continued. The reinscription of mortgages required by article three thousand three hundred and thirty-three of the Civil Code, shall not apply to the mortgages now recorded, or which may hereafter be given and recorded in favor of the commissioners of the Poydras legacy, out of the funds bequeathed by the late Julien Poydras to the indigent girls of the parishes of West Baton Ronge and Pointe Coupée (Act 253, 1855, p. 311).

R. C. C., Art. 3369.

2401. Mortgages, How Canceled.-Hereafter the recorder of mortgages for the parish of Orleans, and the parish recorders of the several parishes of the State, are authorized and required to cancel from their records any mortgages for which a lease may have been granted by an authentic act, upon the mere presentation of the certificate of the notary public before whom such act was executed, or of his successor in office, stating by said act a release was granted and the erasure allowed; which certificate shall be filed in the office of the recorder of mortgages when such canceling was asked for.

R. C. C., Art. 3385.

2402. Transfer of Special Mortgage by Offfcers.-All persons holding office in the State of Louisiana, and who, being bound by law to give security, have availed themselves of the privilege to give a special mortgage under existing laws, are authorized to have such special mortgage transferred on other property, by applying to the Governor in the manner hereinafter specified.

See titles "Clerks," "Sheriffs," "Officers," "Bonds."