all the consequences, responsibilities, rights, and duties, that result from a curatorship to a person deceased.

Art. 288. Curators and tutors may also be appointed to the persons and estates of the children of the convict, in the like manner and to the same persons who would have been entitled to the said offices if the convict had been dead.

Art. 289. The curatorships and tutorships, mentioned in the last article, are the same as to all rights, duties, and responsibilities, as they would have been had the appointment been made after the death of the convict; but they are revoked by his pardon or discharge, except in cases where his sentence incapacitates him from exercising those trusts. Art. 290. Those who would have been the heirs of a convict, sentenced to imprisonment for a term, cannot take the estate out of the hands of the curator; but if he have relations in the ascending or descending line, whom he was bound by law to support, the curator shall, out of the estate, provide for their sustenance.

Art. 291. All property given, or in any manner whatever accruing to a convict in the Penitentiary, shall vest in his curator, if he be sentenced for a term of years, to be disposed of in like manner with his other property; or if he be sentenced for life, shall vest in his heirs.

CHAPTER II.

Of the disposition of the property of convicts sentenced to imprisonment for life.

Art. 292. The same disposition shall be made of the estate of a person sentenced to imprisonment for life, as if he had died on the day sentence was pronounced; and any last will and testament or codicil he may have made prior to that time, shall take effect in the same manner as if he had died on that day.

Art. 293. But no disposition of any estate, either by will or otherwise, after the arrest for crime, of which the prisoner was convicted, in the case of any crime whether the sentence is for life or otherwise, shall be valid against the claim of the person entitled to a suit for the private injury committed by the crime, unless such disposition was made for a valuable and equivalent consideration to a person ignorant of the arrest.

BOOK III.

OF THE HOUSE OF REFUGE AND INDUSTRY.

TITLE I.

OF THE DESIGN OF THIS ESTABLISHMENT.

Art. 294. The object of this establishment is twofold: the first, to afford the means of voluntary employment to those who are able and willing to labour, and gratuitous support to those who are not; the second object is, to coerce those who, although capable of supporting themselves, prefer a life of idleness, vice, and mendicity, to one of honest labour.

Art. 295. As a House of Refuge, it is intended to afford to the discharged convict the means of support by voluntary labour, until, by degrees, he may regain the confidence of society; to prevent those offences of which poverty and want of employment are the real or pretended cause; and to relieve private charity from the unequal burthen of supporting the mendicant poor.

Art. 296. As a House of Industry, the establishment is intended to be a place of coercion and restraint for vagrants and able-bodied beggars; for the first, because their mode of life raises a just presumption that it is sustained by illegal depredations on a society to which they do not properly belong; for the second, because, by false pretences of inability, they impose on the charity of the public; and for both as a measure of preventive justice, because their voluntary idleness, unless corrected, will inevitably conduct them to vice, and crimes, and punishment.

TITLE II.

OF THE DIFFERENT DEPARTMENTS OF THE HOUSE OF REFUGE AND INDUSTRY, AND OF THE DESCRIPTION OF PERSONS ADMITTED TO, AND CONFINED IN EACH.

Art. 297. The House of Refuge and Industry shall consist of two departments the one for voluntary, the other for forced labour;

both shall be under the direction of the same warden; and the one shall be called the House of Refuge, and the other the House of Industry.

Art. 298. In the House of Refuge shall be admitted all such discharged convicts as may be desirous of gaining a subsistence by labour; all public mendicants who allege a want of employment as the reason for asking public charity, or who, from age, infirmity, and poverty, are incapable, in part or in the whole, to support themselves, and have no relations who, by law, are bound to support them.

Art. 299. To the House of Industry shall be committed all vagrants above the age of eighteen, and all able-bodied beggars, above that age, who refuse to labour in the House of Refuge, or elsewhere, when employment is offered to them.

Art. 300. In each department the women shall be kept separate from the men, and they shall be under the superintendence of a

matron.

Art. 301. The building shall be so constructed as to separate the two departments, and shall contain separate sleeping cells for each of the persons confined in the House of Industry, and for each of the discharged convicts in the House of Refuge. The paupers shall be disposed of in comfortable apartments, in the manner that the warden (subject to the direction of the inspectors) shall direct.

TITLE III.

OF THE OFFICERS OF THE HOUSE OF REFUGE AND INDUSTRY, AND OF THEIR DUTIES.

Art. 302. This establishment shall be under the direction of the board of inspectors, in this Code before provided for; who shall, in relation to this, have the same powers and be subject to the same duties that are before provided in relation to the other places of confine

ment.

Art. 303. The warden shall be appointed by the governor, and the warden shall appoint so many assistants as the inspectors shall deem nécessary.

Art. 304. The matron shall also be appointed by the governor, and shall name such number of female assistants as the inspectors shall direct.

Art. 305. The physician and chaplains shall also attend in their professional capacities on the persons admitted or detained in the House of Refuge and Industry.

Art. 306. The agent of the inspectors shall also be their agent for the sales and purchases of this institution.

Art. 307. The accounts shall be kept by a clerk to be named by the inspectors.

Art. 308. All the above named officers shall perform the same duties and have the same powers, with respect to the House of Refuge and Industry, and to the persons received or committed therein, as are required of and are given to them respectively, with respect to the

Penitentiary and the persons confined therein, except so far as the same are modified by this title.

TITLE IV.

OF THE ADMISSION INTO THE HOUSE of refuge, and of the EMPLOYMENT OF THE PERSONS ADMITTED.

Art. 309. The House of Refuge and Industry shall be erected as near as conveniently may be to the city of New Orleans, not more than one league distant from the City-Hall of the said city. Annexed to it shall be a garden of at least three superficial acres. The building shall be made on a plan to be approved by the governor, and sufficient in all respects to carry into effect all the provisions of this title.

Art. 310. Discharged convicts shall be admitted on their own application to the warden, and on their agreeing to observe and be bound by the rules of the said house, and the provisions of this title, of which, so far as respects their conduct and obligations, an abstract shall be read to them, and which they shall sign.

Art. 311. Able-bodied paupers, willing to labour but unable to find employment, shall, in like manner, be admitted on their own application, and on their signing an agreement to observe the rules of this house and the provisions of this title which respects them.

Art. 312. All paupers, unable to provide for their own subsistence, shall be admitted to the House of Refuge on the order of the jury of police of the parish to which they belong, or of the city council, if they belong to the city of New Orleans.

Art. 313. The inspectors shall provide the implements, materials, and other means of giving employment to all the persons admitted into the House of Refuge, adapted to their strength, age, sex, and skill respectively, except such as shall, on examination by the physician, be declared incapable of doing any thing towards their support. Art. 314. No person who shall be admitted into the House of Refuge shall leave the same, without permission of the warden, or without giving at least one month's notice of an intention to leave the same; and any person absenting himself contrary to this rule, may be arrested on a warrant to be issued by the warden and one of the inspectors, and confined in a solitary cell for a term not exceeding three days.

Art. 315. Any person who shall leave the House of Refuge, either by permission of the warden or otherwise, and shall be found soliciting charity as a PUBLIC BEGGAR, may be arrested, and by the warrant of the parish judge and two magistrates of the parish, where such mendicant may be found, shall be committed to the House of Industry as a vagrant.

Art. 316. Any person admitted into the House of Refuge, who shall refuse or neglect to perform the labour assigned to him, may, if the inspectors shall think that the task assigned is not greater or more difficult than the strength or skill of the person can perform, be committed

to the House of Industry for such time, not exceeding ten days for each offence, as the inspectors shall direct.

TITLE V.

OF THE POLICE OF THE HOUSE OF REFUGE.

Art. 317. The inspectors may make rules for the preservation of order and industry in the House, and may punish breaches thereof in the manner such rules may direct, either by imprisonment in a solitary cell, or by commitment to the House of Industry; provided that such imprisonment shall not exceed three days, or such commitment be for a longer term than ten days, for any offence against such rules.

Art. 318. The two sexes shall be kept separate in the House of Refuge, in two distinct apartments; but boys, under seven years of age, may be kept with their mothers, or, if they have none, by proper nurses, under the care of the matron.

Art. 319. Children of paupers, between the ages of seven and eighteen, may be sent to the School of Reform by the inspectors, at their discretion, when the friends or relatives of such children do not provide for their education and support.

Art. 320. The matron shall apportion the tasks of the females in both departments of the House of Refuge and Industry, and shall superintend their labour, and report all delinquencies to the warden or inspectors, to be furnished in the same manner as those of the males.

Art. 321. The warden and matron respectively shall appoint, from among the persons admitted into the House of Refuge, a male and female teacher, who shall give lessons in reading, writing, and arithmetic, to such of the persons admitted or confined as may be ignorant of these branches of learning, at such hours as the warden shall direct. Art. 322. No wine, or spirituous or intoxicating liquors of any kind, shall, under any pretence, be used by those admitted into the House of Refuge or of Industry, unless by prescription of the physician.

Art. 323. Permission may be given to such of the persons as are most orderly and industrious to see their friends out of the House on Sundays, or to attend divine service in the city of New Orleans.

TITLE VI.

OF THE HOUSE OF INDUSTRY, ITS POLICE, AND THE EMPLOYMENT OF THE PERSONS CONFINED THEREIN.

Art. 324. The time and place of labour, and the intervals given for other purposes, shall be the same in the House of Industry as that directed by this Code for the convicts in the Penitentiary.

Art. 325. The prison ration for those who labour and for those who are idle shall be the same as in the Penitentiary. The same privations,