debtor shall be entitled to the exemption provided for in this section Con. 1879, art. 219, 223; Act 1880, No. 114, p. 140; Act 1871, p. 53, No. The person or persons claiming the benefit of the homestead and exemptions provided for 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 a 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. for taxes and SEC. 1692. No property shall, by virtue of this act, be exempt from sale for non-payment of taxes or assessments levied pursuant to Property liable law, nor for debt contracted for the purchase price of said exempted for rents. property, nor for money due for rents, beating a privilege on said property under existing laws. C. P. 645; D. sec. 3421; Con. 1879, art. 220. one thousand to widows and cessitous cir SEC. 1693. Whenever the widow or minor children of a deceased person shall be left in necessitous circumstances, and not possess in a homestead of their own right property to the amount of one thousand dollars, the dollars secured widow or the legal representatives of the children shall be entitled to children in nedemand and receive from the succession of their deceased father or cumstances. husband a sum which, added to the amount of property owned by them or either of them in their own right, will make up the sum of one thousand dollars, and which said amount shall be paid in preference to all other debts, except those for the vendor's privilege and expenses incurred in selling the property. C. C. 3186 (3153), 3252 (3219), 3254 (3221); D. sec. 444, 2369, 2835, 3686; 24 A. 74, 96, 130; Act 1852, p. 171; 34 A. 220. the usufruct of SEC. 1691. The surviving widow shall have and enjoy the usufruct Widow to enjoy of the money so received from her deceased husband's succession the money reduring her widowhood; afterwards to vest in and belong to the children or other descendants of said deceased. ceived. D. sec. 444, 2369, 3686; Act 1876, p. 123, No. 79. SEC. 1695. Besides the effects mentioned in the articles six hundred and forty-four and six hundred and forty-five of the code of practice, Rights of perthe sheriff shall in no case seize the rights of personal servitudes, of etc. sonal servitude Additional exemptions. use and habitation, of usufruct to the estate of a minor child, or the income of dotal property. C. P. 644, 647; D. sec. 572, 2888, 3418, 3422, Act 1842, p. 380. SEC. 1696. Article six hundred and forty-five of the code of practice shall be so amended that, in addition to the articles therein exempted from seizure in certain cases, shall be included the corn, fodder, hay, provisions and other supplies necessary for carrying on the plantation to which they are attached for the current year. C. P. 645; C. C. 638 (634), 643 (639); D. sec. 573. 3419; Act 1843, p. 45. HOUSES OF PUBLIC ENTERTAINMENT Common car SEC. 1697. All persons engaged within this State in the business of common carriers of passengers shall have the right to refuse to admit riers may make any person to their railroad cars, street cars, steamboats or other rules and regu lations. water-crafts, stage-coaches, omnibuses or other vehicles, or to expel any person therefrom after admission, when such person shall, on demand, refuse or neglect to pay the customary fare, or when such person shall be of infamous character, or shall be guilty, after admission to the conveyance of the carrier, of gross, vulgar or disorderly conduct, or who shall commit any act tending to injure the business of the carrier, after the rules and regulations prescribed for the management of his business shall have been made known; provided, said Not to discrim- rules and regulations make no discrimination on account of race or of race or color. color. And they shall have right to refuse any person admission to such conveyance when there is not room or suitable accomodations. And, except in cases above enumerated, all persons engaged in the business of common carriers of passengers are forbidden to refuse admission to their conveyance or to expel therefrom any person whomsoever. inate on account Under certain restrictions no person to be D. sec. 456; Act 1869, p. 37; Act 1870, No. 68; Act 1871, No. 23. Sec. 1698. Except in the cases enumerated in the preceding section no person shall be refused admission to or entertainment at any sion to places of public inn, hotel or place of public resort within the State. public resort. refused admis D. sec. 457. SEC. 1699. All licenses hereafter granted by this State, and by all parishes and municipalities therein, to persons engaged in business on account of or keeping places of public resort, shall contain the express condition Licenses to provide for no that the place of business or public resort shall be open to the accom- discrimination modation and patronage of all persons, without distinction or dis- race or color. crimination on account of race or color; and any person who shall violate the condition of such license shall, on conviction thereof, be punished by forfeiture of his license, and his place of business or of ting forfeit public resort shall be closed, and he, moreover, shall be liable, at the charter and lisuit of the person aggrieved, to such damages as he shall sustain thereby, before any court of competent jurisdiction. D. sec. 458. Persons viola able to action. SEC. 1700. For a violation of any of the provisions of the one thousParty injured and six hundred and ninety-seventh and one thousand six hundred may recover. and ninety-eighth sections of this act the party injured shall have a right of action to recover any damage, exemplary as well as actual, which he may sustain, before any court of competent jurisdiction. D. sec. 459. SEC. 1701. Hereafter each and every landlord or keeper of a pub lic inn or hotel in this State, shall be required to provide an iron Duties of landchest or other safe deposit for valuable articles belonging to his guests lords and innkeepers. or customers, and each landlord or hotel-keeper shall keep posted upon his doors and other public places in his house of entertainment written or printed notices to his guests and customers that they must leave their valuables with the landlord, his agent or clerk, for safe keeping, that he may make safe deposits of the same in the place provided for that purpose. C. C. 2968; Act 1860, p. 7. Not liable for SEC. 1702. Such landlord, hotel or innkeeper as shall comply with the requirements of the preceding section shall not be liable for any money, jewelry, watches, plate or other things made of gold or silver, goods not deor of rare and precious stones, or for other valuable articles of such posited in their keeping. description as may be contained in small compass, which shall be abstracted or lost from any such public inn or hotel, if the same shall not be left with the landlord, his clerk or agent for deposit, unless such loss shall occur through the fraud or neglect of the landlord, or some clerk or servant employed by him in such inn or hotel; pro- Proviso. vided, however, that the provisions of this section shall not apply to a wearing watch, or such other articles of jewelry as are ordinarily worn upon or about the person. C. C. 2969. SEC. 1703. (Boarding-houses, hotels, etc.) Repealed. D. sec. 3234; Act 1869, p. 146; Act 1880, p. 143, No. 119. SEC. 1704. (Disorderly houses.) See D. 908. Act 1855, p. 130. SEC. 1705. (Keepers of taverns, etc., harboring deserters from merchant vessels.) See D. 909. HUSBAND AND WIFE. A special mort gage, in lieu of the general one, may be agreed on in the mar riage contract. A special mort. gaze may be given during marriage. minor, the as SEC. 1706. When, by a marriage contract, the parties, being of age, shall agree that the legal mortgage of the wife shall exist only on one or more immovables belonging to the husband, the immovables and other property not included therein shall remain free and released from the legal mortgage of the wife. It shall not be lawful to stipulate that no mortgage whatever shall exist in favor of the wife for the dotal rights. C. C. 2378; D. sec. 2429; Act 1855, p. 303. SEC. 1707. During the marriage the husband may, with the consent of his wife, if she be of age, be authorized by the judge, with the advice of five of the nearest relations of said wife, or friends for want of relations, to mortgage, specially for the preservation of his wife's rights, the immovables which he shall designate; and then the surplus of his property shall be free from any legal mortgage in favor of his wife. C. C. 2379; D. sec. 2430. SEC. 1708. If the wife be a minor the judge may still grant the auIf the wife be a thorization mentioned in the preceding section, provided it be with the sent of family assent of a family meeting, composed as aforesaid, and a curator ad meeting neceshoc appointed to the wife. sary. Property acquired by non resident mar ried persons to belong to the community of acquets and gains. The surviving C. P. 999; C. C. 2330; D. sec. 2431, 3989. SEC. 1709. All property hereafter acquired in this State by nonresident married persons, whether the title thereto be in the name of either husband or wife, or in their joint names, shall be subject to the same provisions of law which now regulate the community of acquets and gains between citizens of this State. C. C. 2400; D. sec. 627, 3706; Act 1852, p. 200, sec. 1. SEC. 1710. In all cases hereafter, when either husband or wife shall husband or wife die, leaving no ascendants or descendants, and without having disusufruct of the posed by last will and testament of his or her share in the community to have the property, such share shall be held by the survivor in usufruct during community in his or her natural life. certain cases., C. C. 915, 2406 (2375); D. sec. 628, 3707; Act 1844, p. 99, sec. 1. SEC. 1711. In all cases when the predeceased husband or wife shall have left issue of the marriage with the survivor, and shall not have When there are children, comdisposed by last will and testament of his or her share in the com- munity property, how dis. munity property, the survivor shall hold in usufruct, during his or her posed of, natural life, so much of the share of the deceased in said community property as may be inherited by such issue; provided. however, that such usufruct shall cease whenever the survivor shall enter into a second marriage. C. C. 916; D. sec. 629, 3708. SEC. 1712. (What constitutes a competent witness; testimony of husband and wife,) See D. 3961. C. C. 2231 (2230); D. sec. 437; Act 1833, p. 269. SEC. 1713. All married women in this State over the age of twentyone years may, by and with the authorization of their husbands, bor- Married women may in certain row money or contract debts for their separate benefit and advantage, cases contract debts and grant and, to secure the same, grant mortgages or other securities affecting mortgages. their separate estate, paraphernal or dotal, provided it is done in the Proviso. form and for the objects presented in the following sections of this act. C. C. 126; D. sec. 2432, 3981; Act 1855, p. 254. SEC. 1714. In carrying out the power to borrow money or contract debts, the wife, in order to bind herself or her separate or dotal property, must be examined at chambers by the judge of the district or parish in which she resides, separate and apart from her husband, touching the objects for which the money is to be borrowed or debt contracted, and if he shall ascertain either the one or the other are for her husband's debt, or for his separate benefit or advantage, or for the benefit of his separate estate, or of the community, the said judge shall not give his sanction authorizing the wife to perform the acts or incur the liabilities set forth in the preceding section of this act. C. C. 127; D. sec. 2433, 3932; 24 A. 89; 34 A. 822. Examination to be made by the judge. presented to SEC. 1715. In case the wife shall satisfy the judge aforesaid that the money about to be borrowed or debt contracted is solely for her sep- Certificate to be granted in cerarate advantage, or for the benefit of her separate or dotal property, fain cases by then the judge shall furnish her with a certificate setting forth his hav. the judge, to be ing made such examination of the wife as is required by the forego- notary. ing 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 |