Imágenes de páginas
PDF
EPUB

no reconciliation shall have taken place. In the cases excepted above a judgment of divorce may be granted in the same decree which pronounces the separation from bed and board.

Act 122, 1877, p. 192.)

(Amd.

Blanchard vs. Bailleux, 37 A. 127; Bates vs. Behan, 35 A. 872; Daspit vs. Ehringer, 32 A. 1174; Hill vs. Hill, 114 La. 117.

Provisional Keeping of Children.

4471. [C. C. 146.] If there are children of the marriage, whose provisional keeping is claimed by both husband and wife, the suit being yet pending and undecided, it shall be granted to the wife, whether plaintiff or defendant; unless there should be strong reasons to deprive her of it, either in whole or in part, the decision whereof is left to the discretion of the Judge. (Amd. Act 124, 1888, p. 185.)

Curators ad Hoc for Absentees in Suits for Separation and Divorce.

4472. [Act 296, 1910, p. 499.] In any action for separation from bed and board or divorce, where the defendant is absent from the State, or in case of reconvention, when the plaintiff is absent from the State; and in actions for divorce based on a judgment of separation from bed and board, when the adverse party is absent from the State, the court having jurisdiction over the cause shall, upon application by any party in interest, appoint a curator ad hoc to represent such absent party, and all proceedings shall be had contradictorily with said curator ad hoc, and any judgment or divorce may be rendered against same curator ad hoc as might be rendered against his principal as if he were present in person in open court.

Delay for Appealing Divorce Case.

4473. [C. C. 573.] Whoever intends to appeal may do so either by petition or by motion in open court, at the same term at which the judgment was rendered, upon offering to give such surety as the court may direct, as hereafter provided. But in cases where the judgment decrees a divorce, such petition or motion of appeal must be filed within thirty days, not including Sundays, after the signing of such judgment, instead of ten days, and shall operate as a suspensive appeal therefrom, and there shall be no devolutive appeal allowed thereafter. (Amd. Act 49, 1871, p. 151.)

Holbrook vs. Johnson, 25 A. 52.

Act does not apply to suits for separation from bed and board, Knoll vs. Knoll, 114 La. 703.

[ocr errors][merged small]

4474. [R. S. 1191.] No witness in a suit for divorce shall be declared incompetent, on account of his being allied or related to either the plaintiff or defendant.

How Long After Judgment of Separation Divorce May Be Sued For.

4475. [Act 25, 1898, p. 34.] Whenever a judgment of separation from bed and board shall have been rendered and no reconciliation between the spouses shall have taken place the married person in whose favor the judgment of separation from bed and board shall have been rendered, may, at the expiration of one year from the date that the said judgment shall have become final, apply to and obtain from the court that rendered the judgment of separation from bed and board, a judgment of final divorce from the other spouse; and the married person against whom the judgment of separation from bed and board shall have been rendered may, at the expiration of two years from the date that the said judgment shall have become final, apply to and obtain from the court that rendered the judgment of separation from bed and board a judgment of final divorce from the spouse; provided, that whenever a judgment of final divorce shall be obtained under the provisions of this act, by the husband against whom the judgment of separation from bed and board shall have been rendered the wife shall have the same rights for recovering alimony from the said husband as are now provided by law for cases in which the wife is plaintiff, and provided further, that the provisions of this act shall in no way interfere with the rights of the spouse, who shall have obtained the judgment of separation from bed and board to retain the custody and care of the children as now provided by law.

Raymond vs. Carrano, 112 La. 869; Ellerbusch vs. Kogel, 108 La. 51.

MATCHES.

Manufacture and Sale of Parlor Matches Prohibited.

4476.

[Sec. 1, Act 137, 1912, p. 175.] No person, association or corporation shall manufacture, store, offer for sale, sell

or otherwise dispose of, or distribute, white phosphorous singledipped strike-anywhere matches of the type popularly known as "Parlor Matches"; nor shall manufacture, store, sell, offer for sale, or otherwise dispose of, or distribute, white phosphorous double-dipped strike-anywhere matches or any other type of double-dipped matches unless bulb or first dip of such match is composed of a so-called safety or inert composition, non-ignitable on an abrasive surface; nor shall manufacture, store, offer for sale, sell, or otherwise dispose of, or distribute Blazar or so-called Wind Matches, whether of the so-called safety or strike-anywhere type.

Marking Boxes; Retail Regulations.

4477. [Sec. 2.] No person, association, or corporation, shall offer for sale, sell or otherwise dispose of, or distribute for use any matches, unless the package or container in which such matches are packed, bears plainly marked on the outside thereof, the name of the manufacturer and the brand or trade-mark under which such matches are sold, disposed of or distributed; nor shall more than one case of each brand of matches of any type or manufacture be opened at any one time in any retail store where matches are sold; nor shall loose boxes or paper wrapped packages of matches be kept on shelves or stored in such retail stores where matches are sold, at a height exceeding five feet from the floor; all matches when stored in warehouses must be kept only in properly secured cases or boxes, and not piled to a height exceeding ten feet from the floor; nor be stored within a horizontal distance of ten feet from any boiler, furnace, stove, or other like heating apparatus, nor within a horizontal distance of twenty-five feet from any explosive material kept or stored on the same floor; all matches shall be packed in boxes or suitable packages, containing not more than seven hundred matches in any one box or package; provided, however, that when more than three hundred matches are packed in any one box or package the said matches shall be arranged in two nearly equal portions, the heads of the matches in the two portions shall be placed in opposite directions; and all boxes containing three hundred and fifty or more matches, shall have placed over the matches a center holding or protecting strip, made of chipboard, not less than one and one-quarter inches wide; said slip shall be flanged down to hold the matches in position when the box is nested into the shuck or withdrawn from it.

Packing and Shipping Regulations.

4478. [Sec. 3.] All match boxes or packages shall be packed in strong shipping containers or cases; maximum number of match boxes or packages contained in any one shipping container or case shall not exceed the following number: Nominal number

Number

of boxes 1/2 gross

[merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

of matches

700

500

400

300

200

100

100

50

No shipping container or case constructed of fibreboard, corrugated fibreboard, or wood nailed or wire bound, shall exceed a weight including its contents, of seventy-five (75) pounds, and no lock-cornered wood case containing matches shall exceed a weight, including its contents, of eighty-five (85) pounds; nor shall any other articles or commodities be packed in any such container or case; and all such containers and cases in which are packed strike-anywhere matches, shall be plainly marked on the outside of the container or case the words "Strike-Anywhere Matches."

Penalty.

4479. [Sec. 4.] Any person, association or corporation, violating any of the provisions of this Act, shall be fined for the first offense not less than Fifty Dollars ($50.00), nor more than One Hundred Dollars, ($100.00); and for all subsequent violations, not less than One Hundred Dollars ($100.00) for each offense, or imprisonment for six months or both.

MEDICINE, SURGERY AND MIDWIFERY.

Who May Practice.

4480. [Sec. 1, Act 56, 1914, p. 140.] No person excepting those already engaged under existing laws in the practice of medicine, surgery, midwifery, osteopathy, and dentistry, shall

practice medicine in any of its departments within the State of Louisiana, unless such person shall possess all the qualifications

required by this act.

Qualifications.

4481. [Sec. 2.] Any person before entering upon the practice of medicine in any of its branches, dentists and osteopaths excepted, shall present to one of the Boards of Medical Examiners, as hereinafter constituted, a diploma from a college in good standing, of any sect teaching medicine or the healing art, and shall stand a satisfactory examination before the Board upon the following branches, to-wit: Anatomy, Physiology, Chemistry, Obstetrics, Gynecology, Physical Diagnosis, Surgery, Pathology, Materia Medica, Theory and Practice of Medicine, and Hygiene, provided that any person not using internal medication in his or her practice shall be exempt from examination in Materia Medica. The person shall also satisfy the Board that he or she is twenty-one years of age, of good moral character, and possesses a fair education. If said diploma and examination are satisfactory to said Board, they shall issue to such person a certificate in accordance with the facts. Said Board, however, is authorized, at its discretion, to waive said examination in favor of any applicant who shall present to the Board a satisfactory certificate of examinations from a Board of Medical Examiners of another State; provided, however, that said Board created under this Act shall have found that said Board of Medical Examiners of another State has a standard of requirements satisfactory to the said Board created under this Act; the said Board created under this Act to be the sole judge as to the sufficiency of the standard required of the certificates issued by said Board of another State.

Boards of Medical Examiners.

4482. [Sec. 3.] The medical examiners herein provided for shall consist of two boards one of physicians and surgeons recommended by the Louisiana State Medical Society, which Board shall be known as the Louisiana State Board of Medical Examiners, and one of physicians and surgeons recommended by the Hahnemann Medical Association of Louisiana, which shall be known as the Louisiana Homeopathic State Board of Medical Examiners. There shall be five members of each board, any three of whom shall constitute a quorum for all purposes includ

« AnteriorContinuar »