how formed.

SEC. 2310. Whenever in any parish not less than twenty nor more than sixty citizens, between the ages of eighteen and forty-five years, Companies, shall form themselves into a company, and shall uniform themselves in such style as shall have been approved by the governor, and shall apply for permission to organize such company, and to be exempt from duty in any other militia corps, the governor shall have the authority, in his discretion, to approve such organization, and to commission from its members a captain, first lieutenant and second lieutenant, and the said captain shall have authority to appoint, by warrant, the non-commissioned officers of such company; and such company shall become a portion of the militia of the State.

D. sec. 1654.

SEC. 2311. Whenever in any parish not less than two nor more than five such companies shall be organized and approved by the governor, he shall have authority to organize the same as a battalion, and commission a major, adjutant and quartermaster thereof; and such battalion shall become a portion of the militia of this State.

D. sec. 1655.

Battalions.

SEC. 2312. Whenever not less than six nor more than ten such companies shall have been organized and approved by the governor, Regiments. it shall be lawful for the governor to organize the same into a regiment, and commission a colonel, a lieutenant-colonel and surgeon thereof; and such regiment shall become a portion of the militia of this State.

D. sec. 1656.

Instruction,

etc.

SEC. 2313. The said uniformed companies, battalions and regiments shall be instructed in the tactics of the United States army, and it shall equipments, be their duty, at least four times in each year, to parade for inspection and review. They shall be supplied with proper arms and equipments by the State, for which receipts shall be given, and of which returns shall be made in accordance with such regulations as the governor shall prescribe.

D. sec. 1657.

empt from

duties.

SEC. 2314. The members of such uniformed militia companies, battalions or regiments shall be exempt from duty in any other militia Members exorganization. They shall be subject to be called out, either as com- other militia panies, battalions or regiments, by the governor, into active service, to suppress insurrection, rebellion or riot, or repel invasion; and shall, during such necessary active service, and at no other time, be entitled to the same pay, allowances and rations as prescribed by the laws of the United States for officers and soldiers of its army.

D. sec. 1658.

Governor may

dissolve for

SEC. 2315. If at any time any company, battalion or regiment, organized under this act, shall neglect its duty in respect to drill, discipneglect of duty. line or parade, it shall be lawful for the governor to dissolve such company, battalion or regiment (and, in case a battalion or regiment be dissolved, to assign its companies to some other organization or to maintain them independently), and to demand and receive from the same all arms, equipments and other public property which may have been delivered to the same under the provisions of this act. D. sec. 1659.

See Act 1870, p. 164, No. 75; Act 1871, p. 197, No. 85; Act 1873, p. 76, No. 37; p. 135, No. 75; Act 1874, p. 16, No. 156 (vol. of Act of 1875); Act 1877, p. 32 No. 31; Act 1880, p. 204, No. 142.

MINORS.

EMANCIPATION OF MINORS.

SEC. 2316. Whenever a minor over the age of eighteen years shall be desirous of being dispensed from the time prescribed by law for attaining the age of majority, he shall present a petition to the district or parish judge having jurisdiction, wherein he shall set forth the reasons therefor. Said petition shall be accompanied by the written assent of the tutor, if there be one, otherwise by that of a special tutor appointed for that purpose; and the said assent shall contain the specific declaration that the minor is fully capable of managing his own affairs. If the tutor refuses to give his assent to said emancipation, or shall refuse to appear by way of answer in the application of the minor, he shall be cited according to law to show cause why said minor should not be emancipated.

C. C. 385; D. sec. 1943, 3829; Act 1855, p. 444; Act 1865, p. 5. SEC. 2317. The judge, either in open court or in chambers, after hearing the parties, shall render judgment in the premises. If there be a decree of emancipation it shall be so rendered as to conform to articles three hundred and seventy-three and three hundred and seventy-four of the civil code; or that the said minor be fully emancipated and relieved of all the disabilities which now attach to minors, and with full power to do and perform all acts as fully as if he had arrived at the age of twenty-one years.

C. C. 370 (373), 371 (374), 386; D. sec. 1944.

SEC. 2318. If any minor, desiring to avail himself of the provisions

of this act, has a father or mother living, the consent of the father or In what cases a minor having a mother, or both, shall be necessary to authorize the judge to act; father or moth er living, may provided, such consent shall not be necessary if the application be be emancipated made on the ground of ill-treatment, refusal to support or corrupt examples.

C. C. 387; D. sec. 1945.

Expenses, how

SEC. 2319. Whenever any minor, seeking to avail himself of the provisions of this act, shall fail in obtaining a decree of emancipa- paid. tion, all expenses which he may have incurred shall be paid by his

Adoption

SEC. 2322. Adoption, heretofore prohibited by the laws of Louisiana and now authorized by the new constitution, shall hereafter be per- permitted. mitted.

Act 1872, p. 79, No. 31; C. C. 214; Act 1865, p. 130; 25 A. 439.

court.

SEC. 2323. Any person or persons wishing to adopt a child shall petition the court to that effect; which petition shall state the name Petition to the or names of the petitioner or petitioners, his, her or their residence or occupation, whether single or married, the name, age and sex of the child, the name of his or her tutor or guardian, whether he or she is an orphan or not, and the reasons for soliciting said adoption, and shall end by a prayer that the petitioner or petitioners be permitted to appear before a notary public to execute the act of adoption. C. C. 214; Act 1872, p. 79, No. 31.

SEC. 2324. The judge, when satisfied that there is no objection to said adoption, shall grant the prayer of the petitioner or petitioners, Prayer granted. and refer the parties to a notary public for the execution of the act.

C. C. 214.

SEC. 2325. The consent of the tutor or tutrix of the child whose adoption is solicited shall be required by the judge; and if the child be without a tutor the court shall appoint to him a tutor ad hoc.

C. C. 215; C. P. 108, 116; D. sec. 3831; Act 1872, p. 79, No. 31. SEC. 2326. Any person or persons, having legitimate issue, may be allowed to adopt any other child; provided, that said adoption does not interfere with the rights of forced heirs.

C. C. 214; Act 1867, p. 31.

Consent of the tutor.

Adoption not

to interfere

with right of

forced heirs.

Consent of parents necessary.

no person will

SEC. 2327. (Jurisdiction given to parish courts.) Repealed.

Act 1868, p. 77; D. 2026, 2320.

SEC. 2328. When the person whose adoption is solicited is a minor the consent of such person's surviving father or mother, or of both, if living, shall be required by the judge; and the said father and mother, or both, as the case may be, may, in the act of adoption, surrender the entire parental authority to the person or persons adopting said minor.

C. P. 214; 25 A. 430.

TUTORSHIP OF MINORS AND THE ADMINISTRATION OF THEIR
PROPERTY.

SEC. 2329. Whenever it shall occur that no one will take upon himself the tutorship of a minor, and comply with existing laws by giving Duties of par. ish judges when the required security, it shall be the duty of the parish judge to sumtake the tutor mon a family meeting, and with its advice to nominate one discreet ship of minors. and responsible person in that parish to be tutor, and another to be undertutor, who shall, in all respects, comply with existing laws in relation to tutors, except that of giving security.

Non-resident

tutors may ob

tain possession

of all the rights

and credits of minors in this State.

C. C. 271; D. sec. 3835; Act 1855, p. 444.

SEC. 2330. Any person who has been or shall be appointed tutor or guardian of any minor residing out of the State of Louisiana, but within the United States, and who has qualified as such, in conformity with the laws of the State or country where the appointment was made, shall be entitled to sue for and recover any property, rights or credits belonging to the minor in this State, upon his producing satisfactory evidence of his appointment as aforesaid, without being under the necessity of qualifying as tutor of the minor according to the laws of Louisiana. C. C. 363; D. sec. 3838.

SEC. 2331. Nothing in the preceding section shall authorize any such Property not to tutor or guardian to take possession of or remove from the State the be removed until the debts are property of any minor or estate, unless satisfactory proof be furnished paid. to the court that the debts of the succession are paid or that none exist in the State; which proof shall consist in public advertisement in the newspapers, for at least thirty days, in the manner prescribed by law for the rendering of accounts by tutors and administrators. C. C. 364; 'D. sec. 3839.

Special mortgage by father or mother, how given.

Provided.

SEC. 2332. Any surviving father or mother who is or shall hereafter become the natural tutor of their minor children may give a special mortgage on immovable property for the security of the rights and property of their said children, and the faithful discharge of their functions as tutor; provided, that a meeting of the family of the said minor children, duly called according to law, on the petition of the said

surviving father or mother, shall declare that the property offered to be so specially mortgaged is, in their opinion, of sufficient value to secure the rights of the children, in capital and interest. From and Effect of the special mortafter the execution of the special mortgage by the natural tutor, as gage upon the aforesaid, all the remaining property of the father or mother, acquired the property or to be acquired, shall be completely discharged from the legal of the tutor. mortgage arising from the tutorship.

C. C. 325; D. sec 2435, 3840.

remainder of

art. 338, C. C. a

SEC. 2333. In case of an adjudication made under the three hundred In case of adju and thirty-eighth article of the civil code, or any other law authoriz- dication under ing similar adjudications, a special mortgage may be given by the special' mortfather or mother on real property to secure the rights of the minors; gage may be and such special mort gage shall have the effect of annulling the mortgage arising from such adjudications.

C. C. 344; D. sec. 423, 2436, 3841.

given.

Manner of

SEC. 2334. A special mortgage given in favor of minors may be changed, after a family meeting, called and held according to law, shall changing special mortgages. have recommended such change, and after the deliberations of the family meeting shall have been duly homologated. The title of the property proposed to be mortgaged shall be laid before the said family meeting, and shall be carefully inspected by the undertutor and the judge.

C. C. 326, 327; D. sec. 2437, 3842.

be observed on

the recorder of

SEC. 2335. In all cases of application made by a father or mother Formalities to to give a special mortgage, the person applying shall be bound to giving a special present at the family meeting a certificate from the register of mort- mortgage." gages, showing what mortgages, if any, exist on the property offered Certificate of to be specially mortgaged. The undertutor shall be called, and it mortgages required whenshall be his duty to be present at the deliberations of the family meet- ever a special mortgage shall ing; and when not fully satisfied with the value or kind of property be given. offered to be mortgaged, with the validity of the title of the property, or with the deliberations of the family meeting, he shall refuse his approbation to the said deliberations. And any undertutor neglecting to perform the duties hereby prescribed, or neglecting to ascertain the real value of the property offered to be mortgaged, shall be responsible to the minors for any loss they may experience from such neglect. And it shall also be the duty of the undertutor, whenever the value of the property specially mortgaged shall have diminished so as to endanger the interest of the minors, to require an additional mortgage. Whenever an undertutor shall refuse to approve of the deliberations of a family meeting, or object to their homologation, the court Opposition of shall decide whether the opposition is well founded; and, if not, the deliberations..

undertutor to