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3970. May be directed to any judge, etc. See Sec. 609.

3971. Must be served on opposing party or counsel three days previous to forwarding. See Sec. 606.

3972. When interrogatories are annexed to commission and served, notice in writing, of time and place where depositions will be taken, need not be given. See Sec. 611.

3973. Application to take testimony of witnesses residing out of State, need not be made in open court; oath necessary. See Sec. 605. 3974. Absence of witnesses not ground for continuance, when opponent admits that if witness were present "he would swear to such facts." Now embodied in C. P., Art. 466.

3975. Summons, How Obtained.-Article four hundred and sixty-nine shall be so amended that out of the city of New Orleans, each party may obtain from the clerk of the court summons for witnesses before the case has been fixed for trial (Act 1839, Sec. 25, p. 272).

3976. Board of Commissioners of Metropolitan Police have power to issue subpoenas, etc. (Act 92, 1869, p. 92). Repealed, Act 35 E. S., 1877, p. 57.

3977 to 3980. Coroner may summon witnesses, etc. mortem examination; oath. Testimony in writing. etc.

See Secs. 660 to 661.

Post

Recognizances,

FEES OF WITNESSES CALLED AS EXPERTS.

Act 19, 1884, p. 25.

AN ACT to provide for the compensation of witnesses called to testify as experts in courts of justice.

SECTION 1. That witnesses called to testify in court only to an opinion founded on special study or experience in any branch of science, or to make scientific or professional examinations, and to state the results thereof, shall receive additional compensation, to be fixed by the court, with reference to the value of the time employed and the degree of learning or skill required.

SEC. 2. That all laws in conflict with the provisions of this act, be and the same are hereby repealed.

WOMEN.

3981 to 3983. Married women may for their separate benefit contract debts, etc. Examination by judge in chambers. Certificate to be granted and presented to notary. Makes full proof against her and her heirs. See R. C. C., Arts. 126 to 128.

3984. Widows and Unmarried Women.-It shall be lawful for the widows and unmarried women of age to bind themselves as

sureties or indorsers for other persons in the same manner and with the same validity as men who are of full age.

R. C. C. 1782.

3985, 3986. May renounce, with consent of husband, matrimonial, etc., rights in favor of third persons. May appoint agent to renounce mortgage on husband's property, etc. See R. C. C. 129, 130.

See

3987. Not required to answer interrogatories on facts and articles in open court, except when oath is made to certain averments. C. P., Art. 349.

3988. Preservation of Mortgages Against Husband.-In order to preserve the mortgages or privileges accorded by law, in favor of married women for the preservation of their dotal, paraphernal or other rights against their husbands, it shall be the duty of every married woman, or any person for her, to cause to be recorded in the mortgage book in the parish or parishes in which their husbands may own mortgageable property, the evidence of their mortgage or privi lege. If it be in the shape of a public act, or act under private signature, act of partition, judgment or other written act, the same must be recorded in the form now required in recording such acts, and if it be not in the shape of a written act, as above indicated, then a written statement made by the wife, or the husband, or any other person having knowledge of the fact of the amount due to the wife for which she may be entitled to a mortgage or privilege against her husband by existing or any subsequent law detailing accurately the facts and circumstances on which such claim may be based, which written statement shall be sworn to by the person making it, and duly recorded as above directed. The wife is hereby specially authorized to perform the above acts independent of her husband, and mortgages or privileges so recorded shall only have effect against third persons from the date of their being recorded in the several parishes in which they may be recorded (Act 95, 1869, 114).

3989. Married woman who is a minor may sue or be sued with consent, etc., of husband. See C. P. 999.

MAY HOLD CERTAIN OFFICES.

Act 57, 1892, p. 80.

AN ACT to make operative Article 232 of the present Constitution of the State of Louisiana, and to make women eligible to any office of control or management under the School Laws of the State.

That Article 233 of the Constitution of 1879 of the State of Louisiana is hereby declared to be operative, and women over twenty-one years of age are hereby declared eligible to any office of control or management under the School Laws of this State.

COLLEGES MAY GRANT DIPLOMAS.

Act 118, 1894, p. 157.

AN ACT authorizing Colleges in the State of Louisiana to confer diplomas, on women, in the practice of Law, Medicine and Pharmacy, when they possess the same qualifications and requirements as men do in said professions.

SECTION 1. That all Colleges in the State of Louisiana having authority to confer diplomas on any graduates, in the learned professions are hereby authorized to confer diplomas on women in the practice of Law, Medicine and Pharmacy, as well as men.

SEC. 2. That the same qualifications, necessary for the obtaining of diplomas, in the learned professions, mentioned in Section first of this Act required of men, be also required of women, applying for diplomas in the professions of Law, Medicine and Pharmacy.

SEC. 3. That all laws, or parts of laws, inconsistent herewith, be, and are hereby repealed, and that this act go into effect from and after its promulgation.

DEPOSITS IN BANKS.

Act 63, 1896, p. 96.

AN ACT to authorize any married woman to deposit money or other funds in any banks in Louisiana, whether National or State banks, and to withdraw same from said banks without the authorization, assistance or intervention of her husband.

SECTION 1. That any married woman shall have the right to open accounts in the different banks of this State, whether National or State banks, and in savings banks, and deposit money, checks notes and other funds therein, and to withdraw the same by check or otherwise and without the assistance or intervention of her husband in the same manner and under the same conditions as if she was a femme sole or unmarried woman.

Act 45, 1894. May be appointed tutrix in certain cases, printed at p. 912.

Act 74, 1894. May subscribe to stock in building associations, printed at p. 82. See Sec. 277.

3990. Precedence of Codes, etc.-That all laws or parts of laws contrary to or in conflict with the provisions of this act, and all laws or parts of laws on the same subject matter, except what may be contained in the Revised Civil Code and Code of Practice of the present session, be and the same are hereby repealed, except the thirty-third section of an act entitled "An Act for the punishment of crimes and misdemeanors," approved May fourth, eighteen hundred and five, and that in so far as there may be any conflict between the provisions of this act and any provision of the said Revised Civil Code and Code of Practice, that said Code shall be held and taken as the law governing, and that this act take effect on the first day of April, A. D. one thousand eight hundred and seventy.

See State ex rel. District Attroney vs. Recorder, 45 An. 313; State vs. Gaster. d. 643.

INDEX.

As will be noted, the numbers of Sections and Acts referred to, and the
numbers of the pages on which they may be found, are all given. Where
reference is made in the index to any subject, and the page number is not
given, the reference is to the heading in the index itself.

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Deposits, dividends, etc., due them by banks, how administered, Act
111, 1874

153

Effect of recording curator's bond, inventory, Secs. 1100, 1101.

.293

Prescription for, Sec. 2810..

661

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Effect of when executed before commissioner of this, in other States,
etc., Act 117, 1894.

120

ADMINISTRATORS—

Public Administrator, Act 87, 1870

3

Of deceased non-residents, may obtain and sell stocks in banks, etc.,

Sec.

313.

May have bank deposits transferred, Act 112, 1894.

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ADOPTION OF CHILDREN-See "MINORS."

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Hitching near church, Act 53, 1894

Protection of game, etc., Act 60, E. S. 1877

Enactment of game laws by police juries, Act 60, 1896

Killing or injuring by railroads, Acts

APPEALS-

IN CRIMINAL MATTERS.

See "Criminal Procedure No. 9."

IN CIVIL MATTERS.

135

198

215

246

247

659

.760

Clerk need not deliver transcript until cost is paid, Act 24, 1872, Sec. 2. 165
Not suspensive, from judgment declaring officer defaulter, Sec. 1129. 298
In ejectment suits, Sec. 2157.

From assessment, Sec. 26

From decision of Land Register, Sec. 2976 et seq

See "Judiciary Department," subtitle "Supreme Court."

APPRAISEMENT-

Plaintiff and defendant may act, etc. Sec. 67.
Appraisers in succession sales, Sec. 68.

When court shall designate appraisers, Sec. 69.

APPRENTICES AND INDENTED PERSONS-
Must serve out term, Sec. 70.
Minors, how bound, Sec. 71..

When term expires in absence of contract, Sec. 72.

519

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