dotal; Provided, it is done in the form and for the objects pre- Proviso. sented in the following sections of this act.

C. C. 730 (726); D. Sec. 1713, 3981. Act 1855, p. 254.

to be made by

Sec. 2433. In carrying out the power to borrow money or contract debts, the wife, in order to bind herself or her separate Examination or dotal property, must be examined at chambers by the judge 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 for her husband's debts, 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. 1714, 8982.

be granted in

presented to

Sec. 2434. In case the wife shall satisfy the judge aforesaid that the money about to be borrowed or debt contracted is Certificate to solely for her separate advantage, or for the benefit of her sep- certain cases arate or dotal property, then the judge shall furnish her with a by judge to be certificate setting forth his having made such examination of the notary. wife as is required by the foregoing 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

and her

for the security of the debt contracted, and shall be annexed to Act to be full the act, which act, when executed as herein provided for, shall proof against furnish full proof against her and her heirs, and be as binding in heirs. law and equity in all courts of this State and have the same effect as if made by a femme sole.

C. C. 128; D. Sec. 1715, 3983.

gage by father

Sec. 2435. Any surviving father or mother who is or shall hereafter become the natural tutor of their minor children, may Special mortgive a special mortgage on immovable property, for the security or mother, how of the right and property of their said children, and the faithful given. discharge of their functions as tutors; 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 after the execu- Effect of the tion of the special mortgage by the natural tutor as aforesaid, gage upon the all the remaining property of the father or mother acquired or the property of to be acquired, shall be completely discharged from the legal the tutor. mortgage arising from the tutorship.

C. C. 325; D. Sec. 2332, 3840. Act 1855, p. 444.

special mort

remainder of

judication un

Sec. 2436. In case of an adjudication made under the three hundred and thirty-eighth article of the Civil Code, or any other In case of adlaw authorizing similar adjudications, a special mortgage may der article 338 be given by the father or mother on real property, to secure mortgage may the rights of the minors; and such special mortgage shall have be given.

C. C. a special

changing spe

the effect of annulling the mortgage arising from such adjudication.

C. C. 344; D. Sec. 2333, 3841.

Sec. 2437. A special mortgage given in favor of minors may Manner of be changed after a family meeting, called and held according to cial mortgages. law, shall have recommended such change, and after the deliberations of the family meeting shall have been duly homologated.

giving a spe

recorder of

quired when

mortgage shall be given.

The title of the property proposed to be mortgaged shall be laid before the said family meeting, and shall be carefully inspected by the under-tutor and the judge.

C. C. 320 (331); D. Sec. 2334, 3842.

Sec. 2438. In all cases of application made by a father or Formalities to mother to give a special mortgage, the person applying shall be be observed on bound to present at the family meeting a certificate from the cial mortgage. register of mortgages, showing what mortgages, if any, exists on Certificate of the property, offered to be specially mortgaged; the under-tutor mortgages re- shall be called, and it shall be his duty to be present at the deever a special liberations of the family meeting; and when not fully satisfied with the value or kind of property offered to be mortgaged, with the validity of the title of the property, or with the delib erations of the family meeting, he shall refuse his approbation to the said deliberations; and any under-tutor neglecting to per form 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 under-tutor, 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.

Opposition of

Whenever an under-tutor shall refuse to approve of the delibunder-tutor to erations of a family meeting, or object to their homologation, deliberations. the court shall decide whether the opposition is well founded; and if not, the opposition shall be overruled, and the deliberations homologated as if no opposition had taken place. When Duties and re- the court shall decide that the opposition of the under-tutor is of the under- unfounded, and shall homologate the deliberations of the family meeting, the under-tutor who shall have made the opposition, shall be exonerated from all responsibility.

sponsibilities

tutor in cases of neglect.

Costs, by whom paid.

Duty of the

judge on re

ceiving a spe

C. C. 320 (331); D. Sec. 2335, 3843.

Sec. 2439. All costs, occasioned by the demand to give a special mortgage, shall be paid by the person making the appli

cation.

D. Sec. 2336, 3844.

Sec. 2440. In all cases where special mortgage shall be given by tutors in lieu of the legal mortgage existing in such cases, as cial mortgage recognized by law, it shall be the duty of the judge receiving property ap- such special mortgage, to cause the property proposed to be mortgaged to be appraised by experts, in the same manner as is

to have the

praised.

provided when adjudications of the property of minors are made to their surviving father or mother; and the judge shall in no case accept the mortgage, unless the value of the property so appraised shall exceed, exclusive of all prior liens, privileges, or mortgages, the amount of the debts or rights of the minors intended to be secured, by at least twenty-five per cent.; the amount due the minors to be ascertained by a previous liquidation, to be made according to law, and including all interest which will probably accrue.

D. Sec. 2338, 3846.

Sec. 2441. The grandfather or grandmother, when the tutor- Grandparents ship shall have devolved or may devolve upon either of them, special mortmay also give by operation of law, may give a special mortgage in the same gage. cases, and in the same manner and form, as the father or mother.

D. Sec. 2339, 3847.

two or more

be sold on one

Sec. 2442. Whenever a special mortgage shall have been Property given by a parent or tutor, to secure the rights of two or more mortgaged to minors, any one of the minors, on attaining the age of majority, minors, how to or being emancipated, may proceed to the sale of the property of them attainmortgaged, after having discussed the other property of the ing the age of debtor, in the manner following:

A family meeting shall be convened on behalf of the remaining minors, to consider whether the property mortgaged is sufficient to satisfy all demands on it, in favor both of the major and minor heirs. If they should be of the opinion that the property is sufficient to satisfy all demands, they shall advise that so much of the property mortgaged as will satisfy the demand of the major be sold, if susceptible of division, and the property so sold shall be free from the mortgage in favor of the remaining minors.

If the meeting shall be of opinion that the property mortgaged is not sufficient to satisfy the demands of all the heirs, or that it is not susceptible of division, the whole of the mortgaged property shall be sold, and shall be released from the mortgage in favor of the major and minors. The proceeds of the sale, after defraying the expenses, shall be equally divided among the major and the minors, giving each his virile share. The portion belonging to the minors shall be paid to their tutor, and the legal mortgage for the amount so received, shall attach from the date of its receipt.

C. C. 320 (331); D. Sec. 2340, 3848.

majority.

liens against co-proprietors.

Sec. 2443. In all judicial partitions where the property is divided in kind, the mortgages, liens and privileges existing Mortgages and against one of the co-proprietors, shall by the mere fact of the partition attach to the shares allotted to him by the partition, and cease to attach to the shares allotted to his co-proprietors. If any return of money be required to be made to any coproprietor whose share is mortgaged or otherwise incumbered,

Drainage taxes a lien, etc.

by reason of the share allotted to him being of less value than the other shares, then such sums of money shall remain in the hands of the parties bound to contribute them respectively, and shall be secured by mortgage on their respective shares, and be subject to the demand of those creditors of their co-proprietors who possessed mortgage or privileged claims against him, and according to the rank and priority of the creditors.

C. C. 345 (339), 1888; D. Sec. 2664. Act 1855, p. 337.

DRAINAGE DISTRICT OF ORLEANS AND JEFFERSON.

may

Sec. 2444. The taxes due for drainage purposes shall remain a first mortgage and privilege upon the lands upon which they are assessed, or may be assessed, and their collection be enforced by the commissioner of drainage by the legal means and remedies now in force or such as may hereafter be provided. The commissioner shall, as soon as practicable, make out a statement in duplicate of the taxes, assessed or to be assessed on the land in said drainage districts, which have not been collected, and lodge a copy of the same with the State auditor and a copy with the State treasurer, and have a copy recorded in the mortgage office of the parish, and said commissioner shall be entitled Fees of com- to receive a commission of two and one-half per cent. on all moneys collected by him, which shall be in full compensation for all his services and expenses under this act; Provided, That he shall keep a full and accurate account of all his transactions, and shall at the expiration of his office, make a full aud final settlement of his accounts with the State auditor.

missioner.

Provided.

Act 1869, p. 49.

Sec. 2445. In all elections by the people, for officers under political charters, granted or to be granted by the general as- Qualifications sembly of Louisiana, the qualification of voters shall be the of voters. same as those prescribed, at the time being, by the constitution

of Louisiana, for the electors of representatives of the general assembly.

Act 1855, p. 325.