whether these exempted objects be attached to a homestead or not, and on a farm the necessary quantity of corn and fodder for the current year, and the necessary farming implements, to the value of two thousand dollars.

[Value of Exempt Property Not to Exceed $2000.]

Provided, that in case the homestead exceeds two thousand dollars in value, the beneficiary shall be entitled to that amount in case a sale of the homestead under any legal process realizes more than that sum.

[When Husband May Not Claim Exemption.]

No husband shall have the benefit of a homestead, whose wife owns, and is in the actual enjoyment of property or means to the amount of two thousand dollars.

[By Whom Exemption May Be Claimed.]

The benefit of this exemption may be claimed by the surviving spouse, or minor child or children, of a deceased beneficiary.

Const., 1879, Art. 219, provides for registration of the homestead and the arvivors could claim it only if in indigent circumstances.''

If one leases a part of the property owned by him, he has no homestead rights n that part. Claussen vs. Sheriff, 109 La. 996.

Homestead exemptions do not affect mortgages in existence when the exemptions are established. Coco vs. La Chambre, 31 An. 41; Gunn vs. Barry, 15 Wall. 610. See title Homestead and Exemptions," p. 776 et seq.

[What Rights Not Affected by Homestead ExemptionsVendors, Laborers, Material Men, etc.-Officers Shall Not Enforce Judgment Against Exempt Property.]

Art. 245. Rights to homesteads or exemptions, under laws or contracts, or obligations existing at the time of the adoption of this Constitution, shall not be impaired, repealed or affected by any provision of this Constitution, or any laws passed in pursuance thereof.

This exemption shall not apply to the following debts, to wit: 1st. For the purchase price of property or any part thereof. 2d. For labor, money, and material, furnished for building, repairing or improving homesteads.

3d. For liabilities incurred by any public officer, or fiduciary, or any attorney at law, for money collected or received on deposit.

4th. For taxes or assessments.

5th. For rent which bears a privilege upon said property. No court or ministerial officer of this State shall ever have jurisdiction, or authority, to enforce any judgment, execution, or decree, against the property exempted as a homestead, except the debts above mentioned in numbers one, two, three, four and five, of this Article; provided, the property herein declared exempt shall not exceed in value two thousand dollars.

Const., 1879, Art. 220, does not contain paragraph five of this article, and has several provisions concerning registration, etc., not contained in this article. Art. 221, Const., 1879, gives the right to supplement declarations until the amount allowed by the Const., Art. 219, is reached. The Const. of 1898 does not contain such a provision.

See title

Homesteads and Exemptions," p. 776 et seq.

[Sale of Exempt Property Does Not Destroy HomesteadWaiver of Homestead, etc.]

Art. 246. The right to sell any property that is exempt as homestead shall be preserved; but no sale shall destroy or impair any rights of creditors therein. Any person entitled to a homestead may waive the same, by signing with his wife, if she be not separated a mensa et thoro, and having recorded in the office of the Recorder of Mortgages of his parish, a written waiver of the same, in whole or in part. Such waiver may be either general or special, and shall have effect from the time of recording.

Const., 1879, Art. 222, prohibits waiver of homestead rights. A' waiver of the homestead will not be upheld, though it be based in part on a valid consideration of minor importance (Const., 1879). Maxwell vs. Roach, 106 La. 23. The sale of the homestead and its repurchase on credit, by the original owner, will not give a vendor's lien to the seller. The transaction will be viewed as one of mortgage to secure the debt, and so in violation of Const., 1879, Art. 222. Stewart vs. Sutton, 48 An. 1073.

Bank of Jeanerette vs. Stansbury, 110 La.; 34 S. R. 452.

[When Exemptions Go Into Effect-Necessity for Recording in Orleans]

Art. 247. The articles of this Constitution relating to homesteads and exemption shall take effect on January 1st, 1899. In the Parish of Orleans, the homestead to be valid shall be recorded as is now, or may be, provided by law.

The provisions of the Constitution of 1898 took effect on January 1, 1899. They do not operate retroactively. Lloyd vs. Hamilton, 52 An. 861.

PUBLIC EDUCATION.

[Public Schools-Taxation for, How Distributed-Census of Educable Children.]

Art. 248. There shall be free public schools for the white and colored races, separately established by the General Assembly, throughout the State, for the education of all the children of the State between the ages of six and eighteen years; provided, that where kindergarten schools exist, children between the ages of four and six may be admitted into said schools. All funds raised by the State for the support of public schools, except the poll tax, shall be distributed to each parish in proportion to the number of children therein between the ages of six and eighteen years. The General Assembly, at its next session, shall provide for the enumeration of educable children.

Const., 1845, Title VII; Const., 1852, Title VIII; Const., 1864, Title XI; Const., 1868, Title VII, are all on lines similar to Const., 1879 and 1898, except that those of 1864 and 1868, especially the latter, prohibit any distinction because of race, color or previous condition." Const., 1879, Art. 224.

See title "Education," p. 605, for acts relating to the various provisions of the respective articles of the Constitution on Public Education.

[Superintendent of Public Education - Election, Term of Office, Salary, Expenses of Office, etc.]

Art. 249. There shall be elected by the qualified electors of the State a Superintendent of Public Education, who shall hold his office for the term of four years, and until his successor is qualified. His duties shall be prescribed by law, and he shall receive an annual salary of two thousand dollars. The aggregate annual expenses of his office, including his salary, shall not exceed the sum of four thousand dollars.

Const., 1879, Art. 225.

[State and Parish Boards of Public Education-Parish Superintendents, Salaries, How Paid, etc.]

Art. 250. The General Assembly shall provide for the creation of a State Board, and Parish Boards of Public Education. The Parish Boards shall elect a Parish Superintendent of Public Education for their respective parishes, whose qualifications shall be fixed by the Legislature, and who shall be ex-officio secretary of the Parish Board. The salary of the

Parish Superintendent shall be provided for by the General Assembly, to be paid out of the public school funds accruing to the respective parishes.

Const., 1879, Art. 225.

[General Exercises in Public Schools Shall Be in English– When French is Permitted.]

Art. 251. The general exercises in the public schools shall be conducted in the English language; provided, that the French language may be taught in those parishes or localities where the French language predominates, if no additional expense is incurred thereby.

Const., 1879, Art. 226.

[Poll Tax to Be Exclusively Devoted to Public Schools, etc.]

Art. 252. The funds derived from the collection of the poll tax shall be applied exclusively to the maintenance of the public schools as organized under this Constitution, and shall be applied exclusively to the support of the public schools in the parish in which the same shall be collected, and shall be accounted for and paid by the collecting officer directly to the treasurer of the local school board.

Const., 1879, Art. 227.

[Public School Funds Not to Be Used to Support Private or Sectarian Schools.]

Art. 253. No funds raised for the support of the public schools of the State shall be appropriated to or used for the support of any private or sectarian schools.

Const., 1879, Art. 228.

[School Funds Of What They Shall Consist-Appropriations by City of New Orleans, etc.]

Art. 254. The school funds of the State shall consist of: 1st. Not less than one and one quarter mills of the six mills tax levied and collected by the State. 2d. The proceeds of taxation for school purposes as provided by this Constitution. 3d. The interest on the proceeds of all public lands heretofore granted or to be granted by the United States for the support of the public schools, and the revenue derived from such lands as may still remain unsold. 4th. Of lands and other

property heretofore or hereafter bequeathed, granted or donated to the State for school purposes. 5th. All funds and property, other than unimproved lands, bequeathed or granted to the State, not designated for any other purpose. 6th. The proceeds of vacant estates falling under the law to the State of Louisiana. 7th. The Legislature may appropriate to the same fund the proceeds of public lands not designated or set apart for any other purpose, and shall provide that every parish may levy a tax for the public schools therein, which shall not exceed the entire State tax; provided, that with such a tax the whole amount of parish taxes shall not exceed the limits of parish taxation fixed by this Constitution. The City of New Orleans shall make such appropriation for the support, maintenance and repair of the public schools of said city as it may deem proper, but not less than eight-tenths of one mill for any one year; and said schools shall also continue to receive from the Board of Liquidation of the City Debt, the amounts to which they are now entitled under the Constitutional amendment, adopted in the year 1892.

Const., 1879, Art. 229, does not contain many of the provisions of this article, which wisely devotes only "the revenue derived from such lands as may still remain unsold" (par. 3), while under Const., 1879, the land itself might be sold, and the interest on the proceeds used.

[Provisions for Louisiana State University and Agricultural and Mechanical College, etc.]

Art. 255. The Louisiana State University and Agricultural and Mechanical College, founded upon the land grants of the United States to endow a seminary of learning and a college for the benefit of agriculture and the mechanic arts, now established and located in the City of Baton Rouge, is hereby recognized; and all revenues derived and to be derived from the seminary fund, the Agricultural and Mechanical College fund, and other funds or lands donated or to be donated by the United States to the State of Louisiana for the use of a seminary of learning or of a college for the benefit of agriculture or the mechanic arts, shall be appropriated exclusively to the maintenance and support of said Louisiana State University and Agricultural and Mechanical College; and the General Assembly shall make such additional appropriations as may be necessary for its maintenance, support and improvement, and for the establishment, in connection with said institution,