Los Angeles herald., 1910-02-24

71=SSlOUISIANA is the only state in
| In WI the Union which has a sys-
III E4 tenn of law exclusively its
| lis kd own. In all the other states
IS 0E the Jurisprudence is based
lgsz1kszz upon the common law, which
is their equal heritage from
the English founders of the republic.
| The civil law, which prevails in
Louisiana, is based upon the code
| Napoleon, and that in turn rests upon
the old Roman civil law. AS both the
common and civil law have the same
obJect-the safeguarding of individual
right and liberty-there is not at bot
tom so much difference between the
! two systems as might seem at first
glance. The divergences are largely
matters of procedure-of the methods
| by which suits may be instituted and
| conducted. For example, in the United
| States courts and in the courts of prac-
tically all the other states, there is a
law side and an equity side. and the
| two may not be confounded. In the
Louisiana courts there is no equity
side, but the law and the equity may
| be passed upon in the same proceed
ling by the same judge.
! The Louisiana law diverges most
widely from the common law in all
| that relates to the family. In the COM
mon law the emphasis falls upon the
| man dS all III tllS
code, as Ia the French law, he is viewed
| essentially as a member of the family.
| Hence, in Louisiana there exist the
| curious statutes by which the right or
| testator to dispose of his property is
restricted to certain fixed proportions.
Under these ordinances a man dying
without children, but leaving a father
| or a mother, or both, must leave one
quarter of his estate to them. If at his
death he leaves children, the parents
are eliminated as forced heirs and the
| children take their place in winch
case, If the testator have only one
child, he must devise to that child at
least one-third of his estate; if he have
| two children he must leave them at
| least one-half; while if he have three
or more he cannot give them in his
will less than tWo-thirds of his prop
! erty.
The Louisiana law is, moreover, ex-
ceptionally careful of the interests of
minor heirs For instance, it provides
for what is Known as the 'fannly
meeting" This is q council appointed
by the court from among the relatives
or near friends of the minor, which
exercises a sort of general supervision
over his concerns, and to Which the
executor must report, and without the
authorization of which the executor can
take no step vitally affecting the ad-
ministration of the estate.
Regarding the nature of wills, the
Louisiana code is singularly explicit,
and for the most part its provisions
exhibit an amazing wisdom and fore
sight. One form of will which is pc
culiar to Louisiana is the Geographic
will,' regarded by some of the ablest
lawyers in the state as the most Satls-
factory form of testamentary disposi-
ton. This is a will wholly written,
dated and signed" by the person MAX
ing it, Another form of will may be
dictated to a notary, in which event
il is known as a Testament by puDhc
act" The notary is prohibited from
offering any suggestion during the
preparation of this instrument as to
the manner in which the testator shall
dispose of his property; and in case ne
should violate the law in this regard
the will is voided, but the oftendlng
official is made responsible to the heirs
who shall thereby be deprived of their
heritage.
The character of the Louisiana law
is most readily understood from an eX-
animation of its history. From such a
study one may learn, better than IN
any other way, how diverse are the
elements out of which the existing code
has been forged, and how deeply IN
grained in the mtntal processes of the
people are the ideals of the ancient
Roman law. The first laws that Wers
enforced in Louisiana were the eulcts
of the realm of France and the Gus
toms of Paris, which were extended
to the province of Louisiana by LOUIS
XIV in 1712 These customs OF
paris were compiled in 1870 in some
what tardy obedience to a decree of
Charles VII, directing that the then
unwritten traditions which had gov
erned the jurisprudence of the various
nrovinces of his kingdom should be
reduced to writing, for the guidance OF
his judges, When, some sixty years *hs
after the publication of this edict, tne
"Customs'' of Paris were committed TO
naner. they formed q work of some
sixteen titles and 1862 articles.
Under the Louisiana law a minor
,,,errvine without the consent or ms
narents may be disinherited. Chatter
mortgage. which is matter OF con-