ART. 61. Neither may the wife, without the permission or power of her husband, acquire property for a good or valuable consideration, alienate her property or bind herself, except in the cases and with the limitations established by law.

ART. 62. Acts executed by the wife contrary to the provisions of the preceding articles are void, except when they involve things which by their nature are to be applied to the ordinary use of the family, in which case purchases made by the wife shall be valid. Purchases of jewels, furniture, and precious objects made without the permission of the husband shall only be valid when the latter may have consented to his wife using and enjoying such things.

ART. 63. The wife, without permission of her husband, may1. Execute a will.

2. Exercise the rights and fulfill the duties which appertain to her with regard to the legitimate and acknowledged natural children she may have had by another, and with relation to the property of the

same.

ART. 64. The wife shall share the honors of her husband, except those which are strictly and exclusively personal, and shall retain them as long as she does not contract a new marriage.

ART. 65. Only the husband and his heirs may enforce the nullity of the acts executed by his wife without proper permission or authorization.

ART. 66. The provisions of this section are understood to be without prejudice to those of this code relating to absence, incapacity, prodigality, and interdiction of the husband.

SECTION FIFTH.-Effects of annulment of marriage and of divorce.

ART. 67. The civil effects of suits and decrees concerning annulment of marriage and divorce can only be obtained before the ordinary tribunals.

ART. 68. After the suits referred to in the preceding article have been instituted and admitted, the following measures shall be adopted during the pendency thereof:

1. The separation of the spouses in every case.

2. The protection of the wife in the cases and in the manner prescribed by the law of civil procedure.

3. The placing of the children under the care of one or both of the spouses as may be proper.

4. The provision for the support of the wife and of the children who do not remain under the authority of the father.

5. The adoption of the necessary measures to prevent the husband, who may have given cause for the divorce, or against whom the suit for annulment of the carriage has been instituted, from injuring the wife in the administration of her property.

ART. 69. A marriage contracted in good faith produces civil effects, although it may be declared void.

If good faith existed on the part of only one of the spouses it shall produce civil effects only with regard to said spouse and to the children.

Good faith is presumed if the contrary does not appear.

When bad faith existed on the part of both spouses, the marriage shall only produce civil effects with relation to the children.

ART. 70. After the annulment of a marriage has been finally decreed, the sons over three years of age shall remain under the care of the father, and the daughters under the care of the mother, if there should have been good faith on the part of both spouses.

If good faith existed on the part of one of the spouses only, the children of both sexes shall remain under the authority and care of said spouse.

If both were guilty of bad faith, the tribunal shall decide as to the disposition of the children in the manner prescribed in the second paragraph of No. 2 of article 73.

The sons and daughters, under three years of age, shall in all cases remain under the charge of the mother, until they attain this age, unless on account of special reasons the decree has ordered otherwise.

ART. 71. The provisions of the first and second paragraphs of the preceding article shall not be made use of if the parents, by common consent, shall provide otherwise for the care of the children.

ART. 72. The final decree of annulment shall produce, with regard to the property of the marriage, the same effects as a dissolution by death; but the spouse who has acted in bad faith shall have no rights to the profits of the conjugal partnership.

When both have acted in bad faith, one shall be set off by the other. ART. 73. A decree of divorce shall produce the following effects: 1. The separation of the spouses.

2. The children to remain or be placed under the authority and protection of the innocent spouse.

When both are guilty, a guardian shall be provided for the children in accordance with the provisions of this code, and if the decree has not provided otherwise, the mother in every case shall have the children under three years of age in her charge.

Upon the death of the innocent spouse, the guilty one shall recover the parental authority and his or her rights, when the cause which gave rise to the divorce should have been adultery, violence to the person, or grave insult. When the cause is different, a guardian shall be appointed for the children. The deprivation of the parental authority and of its rights does not exempt the guilty spouse from the fulfillment of the obligations which this code imposes upon him or her with regard to the children.

3. The guilty spouse shall lose all that may have been given or promised him or her by the innocent one or by any other person in consideration for the latter; and the innocent spouse shall keep all that he or she has received from the guilty one, being permitted, besides, to claim forthwith all that may have been promised by the

same.

4. The separation of the property of the conjugal partnership, and the loss of the administration of that of the wife, if the husband should have it, and is the one who gave cause for the divorce.

5. The retention by the innocent husband of the administration, if he should have it, of the property of the wife, who shall only be entitled to support.

ART. 74. Reconciliation terminates the suit for divorce and leaves the decree issued in regard thereto without subsequent effects; but the spouses must give notice thereof to the tribunal which has or may have taken cognizance of the suit.

The effects of the decree shall be enforced with regard to the children, without prejudice to the provisions of the foregoing article, when it is founded on the attempt or connivance of the husband or of the wife to corrupt their sons or to prostitute their daughters, in which case, if either still continue under the parental authority, the tribunals shall adopt the proper measures in order to protect them from corruption or prostitution.

CHAPTER SECOND.-Canonical marriage.

ART. 75. The requisites, form, and solemnities for the celebration of canonical marriages shall be governed by the provisions of the Catholic Church and of the Holy Council of Trent, accepted as laws of the Kingdom.

ART. 76. Canonical marriage shall produce all the civil effects with regard to the persons and property of the spouses and their descend

ants.

ART. 77. A municipal judge or other official of the State shall be present at the celebration of the canonical marriage for the sole purpose of making the immediate record thereof in the civil registry. For this purpose the contracting parties are obliged to give notice in writing to the proper municipal court twenty-four hours at least in advance, of the day, hour, and place where the marriage is to be celebrated, incurring, should they not do so, a fine of from 5 to 80 pesetas. The municipal judge shall give a receipt for the notice from the contracting parties. Should he refuse to give it, he shall incur a fine, which shall not be less than 20 nor exceed 100 pesetas.

The celebration of the canonical marriage shall not be proceeded with without the presentation of said receipt to the parochial priest. If the marriage is celebrated without the presence of the municipal judge or his delegate, notwithstanding that the contracting parties may have advised him thereof, the record of the certificate of the canonical marriage in the civil registry shall be made at his expense, and he shall pay, besides, a fine which shall not be less than 20 nor exceed 100 pesetas. In such case, the marriage shall produce all its civil effects from the moment of its celebration.

If the contracting parties should be at fault for not having given notice to the municipal judge, they may remedy the defect by asking for the record of the marriage in the civil registry. In this case, the marriage shall produce no civil effects, except from the time of its record.

ART. 78. Those who contract canonical marriage in articulo mortis may give notice to the person in charge of the civil registry, at any time before its celebration, and prove, in any manner whatsoever, that they have fulfilled this duty.

The penalties imposed upon contracting parties who omit this requisite shall not be applicable to the case of marriage in articulo mortis, when it is shown that it was impossible to give proper notice. In every case, in order that the marriage may produce civil effects from the date of its celebration, the sacramental certificate shall be entered in the registry within the following ten days.

ART. 79. The secret marriage of conscience, celebrated before the church, is not subject to any formality in the civil order, nor shall it

produce any civil effects, except from the time of its publication through its entry in the registry.

This marriage shall nevertheless produce civil effects from the time of its celebration if both contracting parties, by common consent, ask the bishop who authorized it, for a copy of the entry made in the secret register of the bishopric, and if they send it directly, with the proper secrecy, to the general direction of the civil registry, requesting its entry. For this purpose the general direction shall keep a special and secret registry with the necessary precautions, in order that the contents of said records may not be made known until the interested parties request that they be made public by transferring the same to the municipal registry of their domicile.

ART. 80. The cognizance of suits for annulment and divorce, in case of canonical marriages, appertains to the ecclesiastical tribunals. ART. 81. When a suit for divorce or annulment of marriage has been instituted before the ecclesiastical tribunal, it is the duty of the civil tribunal to order, at the instance of the party interested, the provisions referred to in article 68.

ART. 82. A final decree of annulment or divorce of a canonical marriage shall be entered in the civil registry, and shall be presented to the ordinary tribunal for the purpose of requesting its enforcement in the part relating to the civil effects.

CHAPTER THIRD.-Civil marriage.

SECTION FIRST.-Capacity of the contracting parties.

ART. 83. The following can not contract marriage:

1. Males under the age of fourteen and females under the age of twelve.

Marriage contracted by persons who have not arrived at the age of puberty, shall, nevertheless, be ipso facto validated, without the necessity of an express declaration, if one day after having attained legal puberty they should have lived together without having given rise to a suit against its validity, or if the woman should have conceived before legal puberty or before the institution of said suit.

2. Those who were not in the full enjoyment of their reason at the time of contracting marriage.

3. Those who suffered from absolute or relative physical impotency for the purposes of procreation, prior to the celebration of the mar riage, in a patent, perpetual, and incurable manner.

4. Those ordained in sacris and those professed in an approved religious canonical order, bound by a solemn pledge of chastity, unless either have obtained the proper canonical dispensation.

5. Those who are already bound in marriage.

ART. 84. Neither can the following contract marriage with each other:

1. The ascendants and descendants by legitimate or natural consanguinity or affinity.

2. Collaterals by legitimate consanguinity up to the fourth degree. 3. Collaterals by legitimate affinity up to the fourth degree.

4. Collaterals by natural consanguinity or affinity up to the second degree.

@ Amended by act of Congress of April 12, 1900.

5. The adopting father or mother and the adopted; the latter and the surviving spouse of the former, and the former and the surviving spouse of the latter.

6. The legitimate descendants of the adopter with the adopted, while the adoption lasts.

7. Adulterers who have been condemned by a final judgment.

8. Those who have been condemned as authors, or as the author and accomplice, of the death of the spouse of either of them.

ART. 85. The government, with sufficient cause, may, at the instance of a party, waive the impediment mentioned in No. 2 of article 45; the third and fourth degrees of collaterals by legitimate consanguinity; the impediments arising from legitimate or natural affinity between collaterals, and those relating to the descendants of the adopter.

SECTION SECOND.-Celebration of marriage.

ART. 86. Those who, in accordance with article 42, desire to contract marriage in the manner determined in this code, shall present to the municipal judge of their domicile a declaration signed by both contracting parties, in which there shall be stated:

1. The names, surnames, age, profession, domicile or residence of the contracting parties.

2. The names, surnames, profession, domicile or residence of the parents.

Certificates of birth and of the status of the contracting parties, the consent or advice, if proper, and the dispensation, when it is necessary, shall accompany this declaration.

ART. 87. Marriages shall be celebrated in person, or by a proxy to whom a special power has been given; but the presence of the contracting party who is domiciled or resides in the district of the judge who is to authorize the marriage shall always be required.

The name of the person with whom the marriage is to be celebrated shall be mentioned in the special power, and the marriage shall be valid if, before its celebration, the person so authorized should not have been notified in an authentic manner of the revocation of the power.

ART. 88. If the municipal judge selected for the celebration of the marriage should not be at the same time that of the domicile of both contracting parties, two declarations shall be presented, one to the municipal judge of each contracting party, stating which of the two judges they have selected for the celebration of the marriage, and in both courts the proceedings established in the following articles shall be pursued.

ART. 89. The municipal judge, after ratification of the contracting parties, shall order that edicts or proclamations be posted for fifteen days announcing the desire, with all the conditions mentioned in article 86, and calling upon those who have information of any obstacle to denounce it. Similar edicts shall be sent to the municipal judges of the towns in which the interested parties may have resided or been domiciled during the two previous years, requesting that they be posted in the place of the holding of their public court for the period of fifteen days, and that, after the lapse of this time, they re

75270-H. Doc. 1484, 60-2- -2