6. The powers vested in the curator are administrative only: he has no power of alienation whatever. Whenever there is a necessity for the sale of any part of the pro perty, an application must be made to the court, and if the reasons alleged are con sidered sufficient the sale is ordered to be made at public auction, and a return thereof made to the court. Nor is the curator per mitted to mix the fundsbelonging to the interdicted person with his own, but he is compelled to keep them separate and distinct, under severe penalties.
The decree of interdiction has a retroac tive operation, or relation back to the date of the application. From that period the party ceases to be sui juris, and becomes alieni furls: consequently, all legal transac tions he may enter into are null and void, and no evidence is admissible to show that the acts were done during a lucid interval. The incapacity thus created can only be re moved by a formal judgment, rendered by the same court, revoking the interdiction. In order to obtain this revocation, it must be alleged and proved that the cause for the in terdiction has ceased.
I. It is made the duty of the curator to publish the decree of interdiction in the news papers ; and if he should neglect to do so he is liable in damages to those who may contract with the interdicted person in ignorance of his incapacity.
During the continuance of the interdic tion the law expresses the most tender soli citude for the care and protection of the in terdicted person, and directs every possible step to be taken for the alleviation of his sufferings and the cure of his disease. His revenues are all to be applied for the attain ment of these ends. A superintendent is appointed, whose duty it is to visit the sufferer from time to time and make a report of his condition to the court. Besides, the judge of the court is bound to visit him. Nor can he be taken out of the state, except on the recommendation of a family meeting, based on the certificate of at least two physicians, that they consider his removal necessary for the restoration of his health.
The foregoing rules on the subject of inter diction, found in the Law of Louisiana, are substantially the same in all the modern codes having the civil law for their basis.