or as agent, officer, manager, or stockholder, to be used as a lottery office or shop, or as a place for drawing or promoting or carrying on a lottery or for selling lottery tickets or for any other purpose calculated to aid and assist in carrying on a lottery or conducting its business, shall upon conviction, be fined not less than fifty nor more than five hundred dollars, or imprisoned not more than six months, or both, one-half of such fine to go to the informer securing the conviction, and the other half to the city of New Orleans or parish where the offense is committed; each or any of said acts shall be considered a separate offense each day of the time during which said house, room, or space may be used for the purpose or purposes herein specified.

Note. As to penalty. See Act 107, 1902, printed at p. 474.

ADDITIONAL PENALTIES IMPOSED.

Sec. 6. Be it further enacted, etc., That in addition to the penalties imposed by this act, and independent of the prosecutions which may be instituted under the same, each person doing any of the acts herein forbidden shall forfeit the sum of two hundred dollars for each offense as herein defined to be recovered by suit; and it shall be the duty of the Attorney General in the city of New Orleans, and of the District Attorneys throughout the State, to bring the necessary suits to recover such forfeitures, and to enjoin any and all persons from violating this law, and from carrying on a lottery business in violation of the law. Each and every person doing any act herein denonuced in connection with, or in the aid or service of any lottery or pretended lottery shall be liable, in solido, for any and all the forfeitures herein declared, and may be proceeded against and enjoined in the one suit, or in different suits, as the Attorney General or District Attorney may determine. Parties violating, disregard. ing or evading any injunction herein authorized shall be punished for contempt of court by a fine not exceeding one hundred dollars or imprisonment not exceeding thirty days, or both, for each offense, one-half of such fine to go the informer securing the imposition thereof, and the other half to the city of New Orleans or parish, as the case may be.

EVIDENCE.

Sec. 7. Be it further enacted, etc., That it shall not be necessary on the trial of any civil suit or criminal prosecution under this act to prove the existence of any lottery in which any ticket, share or part of a ticket, device, token or certificate thereof, purports to have been issued, or the actual signing of any such ticket or share, or device, token or certificate thereof, was signed, or issued by authority of any manager of such lottery, or by any person assuming to have such authority, but in all cases it shall be presumed that such ticket, share or interest, device, token or certificate thereof, was signed and issued according to the purports thereof, by proper authority; nor shall it be necessary to prove that such ticket, share, device, token or certificate purported anything upon its face, but any paper, token, device, or understanding given and received as a pledge, that in some event a prize or premium will be paid to the holder shall be considered as a lottery ticket for the purposes of this act; nor shall it be necessary to prove the actual sale of lottery tickets in a house, office or premises, but any sign, tickets, sheets, bulletins or other device, used to indicate that tickets are kept for sale, or to give information as to the result of any drawing or pretended drawing, shall be taken and accepted as sufficient proof of the keeping of a lottery office or shop. DUTY OF SHERIFFS AND POLICE.

Sec. 8. Be it further enacted, etc., That it shall be the duty of the several sheriffs throughout the State and of the police in the several cities throughout the State to investigate when notified of the infraction of this law, and to arrest, without warrant, all persons found by them selling lottery tickets, keeping lottery offices or shops or running or drawing a lottery, or surrounded by the evidences of conducting a lottery and to seize all wheels, tickets, sheets, baskets, balls tables, property and paraphernalia used in the conduct of such lottery business, and take persons, prop

erty and paraphernalia before the proper magistrate or recorder, who shall commit the offenders for examination or trial, and hold the property and paraphernalia as evidence. All such property and paraphernalia as shall be the mere instruments of crime shall upon the order of the Judge of the Criminal Court of New Orleans, and of the District Court in the country parishes, be destroyed when it is no longer needed as evidence, and all property found in use for such unlawful purpose having a value for other and lawful purposes, shall be sold under the orders of the court, and the proceeds paid to the parish or city, as the case may be. ENACTMENT OF ORDINANCES TO SUPPRESS, ETC.

Sec. 9. Be it further enacted, etc., That it shall be the duty of all cities and towns throughout the State, in the exercise of its police power in the suppression of nuisances, to make and enforce ordinances against all lotteries, the keeping of lottery shops, the sale of lottery tickets, and the payment of lottery prizes or premiums, and the Attorney General and District Attorney shall have the power by civil proceedings to compel the performance of their duties in this regard by the various municipal officers and functionaries.

FORFEITURE OF CHARTERS BY CORPORATIONS SELLING, ETC., STOCK IN LOTTERY COMPANIES.

Sec. 10. Be it further enacted, etc., That if any person licensed to carry on business in this State, or any corporation domiciled or doing business in this State shall sell or authorize or conduct the sale, for himself or itself, or for others, the bonds or shares, or certificates of stock, of any lottery company, or of lottery tickets of any company, wherever the same may be located or be pretended to be located, such person shall forfeit his license and such corporation shall forfeit its charter; and it shall be the duty of the Attorney General or proper District Attorney to bring the necessary suit to forfeit the charter, to revoke the license, and to enjoin the sales and the conduct of the business herein denounced; or he may, in his discretion, sue out such injunction without demanding the forfeiture.

ACT NOT APPLICABLE TO PREMIUM BONDS.

Sec. 11. Be it further enacted, etc., That the provisions of this act shall not be construed as affecting the legality or prohibiting the Premium Bond plan now in operation in the City of New Orleans.

REPEALING CLAUSE-EXEMPTION.

Sec. 12. Be it further enacted, etc., That this act shall take effect from and after its passage, and all laws contrary thereto be repealed as to the future; but all laws on the same or similar subject matters shall be continue in force as to acts done, and penalties and forfeitures incurred previous to the adoption of this act.

Note. A gambling device, commonly called a "punch board" is a lottery. The word "Lottery" has no technical meaning in the law distinct from its popular signification, and the act is not invalid, because it does not define the word "Lottery." City of Shreveport vs. Kahn, 136 L. 371.

MARRIAGES.

[R. S., Sec. 2202.] By whom licenses to celebrate may be granted. R. C. C., Art. 99.

[R. S., Sec. 2203.] All ministers may celebrate marriages. R. C. C., Art. 102.

[R. S., Sec. 2204.] Ministers must obtain special license to celebrate. R. C. C., Art. 104.

[R. S., Sec. 2205.] Ministers must make duplicate acts and return to clerk, etc., granting license. R. C. C., Art. 105.

[Penalty For Violating Sections 2205, 2206.]

[R. S., Sec. 2206.] All violations of the two preceding sections shall be punished by a fine not exceeding one thousand dollars.

[Judges May Celebrate Marriages.]

[R. S., Sec. 2207.] The several judges of the District and Parish Courts in this State shall be authorized to celebrate marriages, under the same regulations and penalties as are now prescribed for Justices of the Peace.

[R. S., Sec. 2208.] Justices of the Peace may celebrate marriages within their respective parishes. R. C. C., Art. 103.

[R. S., Sec. 2209.] Directs that C. C. 101, 102 (R. C. C., Art. 102) shall be so construed that any priest or minister may celebrate marriages in any parish of the State, though he be not a resident of parish. R. C. C., Art. 102.

[R. S., Sec. 2210.] What constitutes Bigamy; exceptions and penalties. R. S., Sec. 800, title "Crimes and Offenses." [Notaries of West Feliciana Parish May Celebrate Marriages.]

[R. S., Sec. 2211.] From and after the passage of this act the regularly commissioned notaries of this State, in and for the Parish of West Feliciana, during their term of office, shall be empowered to perform within said parish the ceremony of marriage, under the formalities required by law, and said ceremony, when performed by them, shall have the same legal effect as when performed by any other person or persons authorized by existing laws to perform the same.

[Legalization of Private or Religious Marriages.]

[R. S., Sec. 2212.] All private or religious marriages contracted in this State at any time previous to the passage of this act shall be deemed valid and binding, and as having the same force and effect as if said marriages had been contracted with all the formalities and forms prescribed by the laws then existing; provided, that at any time within two years from the date of this act the parties having contracted such private or religious marriages shall by an authentic act before a duly commissioned notary public, if they reside in the State, or before a competent officer, if they reside in another State, or before a United States Ambassador, Charge d'Affaires, or Consul, or Vice-Consul, if they reside in a foreign country, make a declaration of their marriage, the date on which it was contracted, the names, sex and ages of the children born of said marriages, acknowledging said children as their legitimate offspring, and in accepting the

benefit of this act bind and obligate themselves to perform all the duties and to assume all the obligations imposed by existing laws in relation to civil marriages, and to abide by the same; and, provided, that no marriage shall be ratified nor the issue of such marriage legitimatized by or according to the provisions of this act, when there existed at the date of such private or religious marriage, or at any time since, any other legal impediment to the marriage of the parties to the private or religious marriage than that of race or color.

Note. The nullity of consensual marriages may be inferred from this statute which provides for their validation on the authentic acknowledgment of the marriage relation by the parties in interest. This is true even of so called slave marriages, where the slaves "took up with each other" and, lived together with the consent of their owner. Johnson vs. Raphael, 117 L. 967.

[Force and Effect of Such Marriages.]

[R. S., Sec. 2213.] All marriages, duly legalized as aforesaid, shall have, from the date on which they were privately or religiously contracted, full force and effect as if they had been contracted with all the formalities and forms required by the then existing laws, and the children born of said marriages and acknowledged as aforesaid shall have and enjoy all the rights and privileges granted by existing laws to legitimate children. [Benefits of Law of Acquets and Gains.]

[R. S., Sec. 2214.] All marriages legalized as aforesaid shall be deemed contracted under the law of community of acquets and gains, unless other stipulations authorized by existing laws are agreed between the parties and embodied in the authentic act legalizing their marriages; provided, that any other stipulation than that of community of acquets and gains shall only have effect from and after the date of the authentic act making the marriage legal and valid in law, as provided in the first section of this act.

[No Distinction of Color or Race.]

[R. S., Sec. 2215.] The said right of making private or religious marriages legal, valid and binding, as aforesaid, shall apply to marriages of all persons of whatever race or color, as well as to marriages formerly prohibited by Article Ninety-five of the Civil Code of Louisiana, or by any other article of said code, or by any law of the State.

[Consensual Marriages, Etc.]

[R. S., Sec. 2216.] Any parties who at any time previous to the passage of this act have lived together as man and wife, and who desire to contract a legal marriage, shall be entitled to the benefit of the provisions of this law, and the issue of such cohabitation shall be hereby legitimatized upon the parties complying with the foregoing requirements, subject, however, to the exceptions contained in Section 2212.

Note. See note to R. S. Sec. 2212.

TITLE.

MARRIAGES IN OTHER STATES.

Act 151 of 1914, p. 267.

AN ACT on the subject of marriages in another State, territory, district, possession or country, in evasion or violation of the laws of the domicile of one or both of the contracting parties, and to promote uniformity between the States in reference thereto.

MARRIAGES IN OTHER STATES WHEN NULL.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That if any person residing and intending to continue to reside in this State who is disabled or prohibited from contracting marriage under the laws of this State shall go into another state, territory, district, possession, or country and there contract a marriage prohibited and declared void by the laws of this State, such marriage shall be null and void for all purposes in this State with the same effect as though such prohibited marriage had been entered into in this State.

MARRIAGE OF NON-RESIDENTS.

Sec. 2. Be it further enacted, etc., No marriage shall be contracted in this State by a party residing and intending to continue to reside in another State or jurisdiction, if such marriage would be void if contracted in such other State or jurisdiction, and every marriage celebrated in this State in violation of the provision shall be null and void.

AFFIDAVITS OF NON-RESIDENTS.

Sec. 3. Be it further enacted, etc., Before issuing a license to marry to a person who resides and intends to continue to reside in another State the officer having authority to issue the license shall satisfy himself by requiring affidavits or otherwise that such person is not prohibited from intermarrying by the laws of the jurisdiction where he or she resides. PENALTIES IMPOSED.

Sec. 4. Be it further enacted, etc., Any official issuing a license with the knowledge that the parties are thus prohibited from intermarrying and any person authorized to celebrate marriage who shall knowingly celebrate such marriage shall be deemed guilty of a misdemeanor, and shall be punished by fine or imprisonment or both in the discretion of the court.

TITLE.

RECORD OF MARRIAGES.

Act 104 of 1912, p. 122.

AN ACT requiring all Clerks of the Court in the Country Parishes to keep a record of all marriage licenses issued by them in a well bound book, and prescribing in what manner the same shall be kept.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That it shall be the duty of all Clerks of the Court in the country Parishes of this State to keep in a wellbound book a record of all marriage licenses issued by them.

Such record shall show, the date of issue, the names of the parties, the age of the parties, the names of the parents of the parties, the residence of the parties, the residence of the parents of the parties, whether the parties have been previously married and if so the name of the former husband or wife, whether dead or alive, and the relationship of the parties.

Such record shall be kept in a well bound book, which book shall be open to the inspection of the public during office hours.

Whenever returns are made of the licenses issued, the Clerk shall make a notation of the said record of licenses issued showing the date of the marriage and of the return thereof made by the officer officiating at such marriage.