LEASING
AN APARTMENT
BOARDING-HOUSES
AND PENSIONS
TRADESPEOPLE'S
ACCOUNTS
BANKS AND
BANKING
PAYMENT
BY CHEQUE
MARRIED
WOMAN'S BANK ACCOUNT
IMPORTANT
PARIS CONCIERGE
DEBTS OF
THE FOREIGNER
PAYMENTS
ON ACCOUNT
DRESSMAKERS'
CLAIMS
FOREIGNER
IN FRANCE
FORWARDING
MAIL
RESPONSIBILITY
OF HOTELS
HOTELS
AND GUESTS' EFFECTS
HOUSEHOLD
EFFECTS OF THE STRANGER
LAW OF
LIMITATION
WEIGHTS
AND MEASURES
MARRIAGE
AND MONEY
TITLES OF
NOBILITY
PROPERTY
OF FOREIGNERS
TELEGRAMS
AND TIPS
XXI
FRENCH
LAW FOR FOREIGNERS
ANIMALS,
PROTECTION OF
IN Paris a
Société Protectrice des Animaux
concerns itself with the prevention of cruelty to animals. Notice
should
be given to any agent or policeman.
APARTMENTS
The question of sewage should be
especially investigated
on taking a house or apartment, for very many of the modern houses are
not
connected with the main sewage system. They should have a direct
connection
("tout à l'egout")
for one to feel sure that a very important
series of prospective troubles are thus to be avoided.
Water taxes, or rates, are usually paid by the
owner
of the building, though by a common understanding they may be included
in
the monthly rent bill.
A lease of an apartment may be verbal or written;
in
the former case the receipt for rent paid (quittance)
should explain
the conditions. A lease (bail)
should be registered by the lessee,
at his expense, unless otherwise provided for. In general, rent is paid
once
a quarter and in advance. Certain repairs (reparations
locatives)
are at the charge of the lessee, but not, for instance,
window panes broken by wind or hail, or anything that gives way purely
from
old age. The difficulty is to prove all these things; the landlord
usually
has his own ideas. It would be well to have all these set out in the
lease,
if possible. The lessee usually agrees to care for the premises as a "bon
père du famille.''
Sub-leasing, unless forbidden in the original
lease, is a common practice.
APARTMENT
KEYS
The keys are by custom given up to the
concierge when
the lessee leaves, and if lessee is absent for any length of time,
after
notice of quitting is given (by registered letter usually to the
proprietor
or his agent), the keys should be left with the concierge, that the
apartment
may thus be shown to a prospective lessee. Whatever inconvenience this
may
supposedly incur must be borne, and may be considered obligatory, as it
is
usually provided for in the lease or bail.
DOGS IN
APARTMENTS
Do not keep a barking dog, which may
annoy your neighbours,
in your apartment; don't keep a dog anyway in Paris. A flat dweller in
1910
was fined fifty francs for keeping a dog in his apartment which barked
at
night and annoyed others living under the same roof. Three separate
convictions
ensued, and the dog was finally got rid of as being too expensive a
luxury.
AUTOMOBILE
REGISTRATION
The conductor of an automobile must
have a certificate
of competency, and the automobile be registered with the civil
authorities,
besides being "declared'' at the Mairie, or town hall, in the place
where
one is domiciled. Various taxes are imposed, and even the foreign-made
automobile
of a foreign tourist is subject to these taxes, after four months
sojourn
in France.
BROKEN
WINDOWS
If the window of your apartment is
broken by a stone
thrower, by a careless passerby – one assumes a small boy –
the
proprietor
is bound to replace it, not yourself, as locataire.
If it is broken
by stones thrown during a riot, it is a case of force
majeur, and
the locataire
pays – this is according to article 1755 of the Civil
Code.
BICYCLES
Bicycles must be fitted with a plaque
de controle
(a new one each year), or badge, which may be had at any tobacconist's
at
a cost of three francs. Those only are exempt who remain less than
three
months in France.
BOARDING
HOUSES AND PENSIONS
One may not conduct a boarding house or
pension
in Paris without a permit from the Service des Garnis of the
Préfecture
of Police. Identity as to nationality, personal and family details and
an
explicit description of the dwelling or apartment to be so used must be
furnished
by personal application and interview. A list of boarders must be kept
in
formal written-up order for inspection by the police at stated
intervals,
or indeed upon any occasion demanded.
BIRTH
CERTIFICATES
A birth certificate (acte
de naissance) should
be procured at the nearest Mairie, or town hall, of all children born
in
France, and this upon declaration within three days of the event. In
case
of children of American parents, they should be registered forthwith at
nearest
American consulate.
BOOKS
AND BOOKKEEPING
A tradesman is obliged to keep a daily
journal, a letter-book
and stock-book. All of these must be signed or initialed by the proper
authorities once a year, who take notice that no pages have been
removed
or others substituted, and that no manifestly fraudulent additions or
omissions
are to be noted. These books of account are obliged to be preserved for
ten
years, and a client may force a tradesman to show his books in case of
dispute.
Another regulation which affects the tradesman is that he must publish
publicly
his marriage contract before starting in business, that furnishers may
know
just how far he may be responsible financially, for often a man will
have
passed over certain rights in this world's goods for the sole benefit
of
his wife and prospective children; such a procedure will also show to
what
extent his wife's fortune, if any, is available for use in her
husband's
business.
BANKS
AND BANK CHEQUES
Banks and banking, as the words are
known in the United
States, are hardly of the same significance in France, save as one may
patronise
one of the avowed American institutions located in Paris. Payment by
cheque
in France is not at all the common procedure that it is in America or
England.
A French cheque is dated by writing the date and month in letters, not
in
figures; each bears a ten centime stamp, and the same may not
afterwards
serve as proof of the payment of an account, save through the courtesy
of
the bank officials, for cancelled cheques are not returned to the
drawer.
A cheque must be signed the same day that it is drawn, and must be
payable
on sight – à vue.
It may be payable to bearer (porteur)
or to order (ordre),
and the entire text of the cheque must be in
the handwriting of the drawer. The holder of a cheque must present it
within
five days, if payable at the place at which it is dated, or eight days,
if
payable at another place, otherwise payment may be refused by the bank
upon
instructions of the drawer, and the holder loses even the right to
claim
its sum against the drawer if there are no funds in the bank with which
to
pay it after this delay.
The responsibility of payment on a cheque being
made
to the right person devolves entirely upon the drawer; the bank assumes
no
responsibility.
A Letter of Credit, or any of the various forms of
Travellers' Cheques issued by responsible concerns, like the American
Express
Company, the Hamburg-American Line, etc., are useful for travellers,
but
a deposit subject to cheque in the Credit Lyonnaise, the Comptoir
National
d'Escompte or the Société General at Paris, is
the most convenient
method of having funds at one's ready call if settled down in France.
A married woman may not have a current bank
account,
except with the written consent of her husband.
"CITIZENSHIP"
AS RELATED TO "DOMICILE"
In any dealings with French officials,
or United States
diplomatic or consular officers in France, or indeed anywhere abroad,
do
not confuse the questions of citizenship (nationality) and domicile and
residence. The confusion of these points may be fraught with great
importance
in any legal discussion which may come up.
CITIZENSHIP
IN FRANCE
French citizenship belongs by right to
legitimate children
born abroad of a French father; children born in France of unknown
parents
or of a French mother whose father is unknown; children born in France
of
a foreign father who has neglected to establish his legal status as a
foreigner – in the case of Americans by registration at an
American
Consulate
between their eighteenth and nineteenth birthdays.
Citizenship may be acquired in France by a foreign
woman
when she marries a Frenchman, by children of a foreigner resident in
France
by election and by naturalisation.
Frenchmen may lose their French citizenship by
naturalisation
under a foreign power; a Frenchwoman who marries a foreigner by
becoming
a widow, or a divorcee may recover French citizenship under certain
conditions.
CITIZENSHIP
AND REGISTRATION OF AMERICANS AT CONSULATE
Americans living abroad should register
at the nearest
American Consulate in order to preserve their citizenship.
Children born abroad of American parents should be
registered
at the American Consulate before their nineteenth year.
CHILD
LABOUR
Child labour in France is controlled by
law. They are
forbidden to work between 9 v' M. and 5 A. M.
CONCIERGES
The concierge of a Paris dwelling is a
very important
person. His duties and responsibilities are many. Foreign residents
should
make friends with their concierge, otherwise he may be very
disagreeable
indeed. He receives one's letters, parcels and telegrams, and delivers
them
at your door three times a day, takes note of the names of callers and
must
tell them if you are "in" or "out." At any hour of the day or night he
must
respond to a call at the door or grande
porte, must forward letters,
etc., if one is away temporarily, and for one year after one has
vacated
an apartment. He must keep the stairways, halls and dooryards in a
state
of cleanliness, etc., etc. He is the agent of the landlord, in many
cases,
for the collection of rents, and expects a sum equal to two per cent of
the
yearly rental as a New Year's gift from the tenant. Curiously enough
there
is a custom, usage, or right – but it is apparently a dead
letter – whereby
the concierge may appropriate one faggot every time a tenant gets in a
supply
of wood. The concierge, when he rents you an apartment, demands a denier
a dieu, or payment on account,
of his future pourboires,
often
a trifling sum; a domestic servant is also entitled to the same thing
upon
engagement.
If the concierge of your apartment deliberately annoys
you – as
taking advantage of the particular occasion when you are about to give
a
reception to paint the handrail of the staircase, you may sue his
employer
for damages, and, if your case is well-founded, win it. This, provided
you
want to take the trouble. If your concierge is really so disagreeable
as
all that you had better move. He will not of course try the same trick
again,
but might conceivably try one something similar.
If the concierge of your Paris apartment house
(and this
is local custom rather than law) goes off and leaves a small child of
six
or eight in charge, and a burglar breaks in and steals, his
employer – the
proprietor of the building – is responsible. French law
recognises
equality
of sex, and a man or woman may be concierge, but they "must be capable
of
carrying out the duties so entrusted to them."
DEBTS
Debts due from foreigners can be collected by
restraint upon
the effects of the foreigner who may be temporarily resident in a
French
hotel, house or apartment. It is called a Saisie
Foraine, and can
only be put into execution by the creditor after application to the
Judge
of the Tribunal du Premier Instance, or a Justice of the Peace of the
District
where the goods of the debtor are to be found.
DEATHS
Deaths after being declared at the Mairie, or
town hall, and
a "certificat de Décès" issued, may be followed
by an immediate
funeral, usually arranged direct with the Bureau des Pompes Funebres at
a
fixed tariff, according to the elaborateness of the cortege, etc., such
charges
being regulated by law, and ranging from forty francs upward.
DEPOSITS
OR PAYMENTS ON ACCOUNT
Arrhes
is an unusual word which you may meet with
in your dealings with your milliner or dressmaker. A cabman even may
demand
his arrhes
in case he is taken for a long journey across town, or
under circumstances by which he has no assurance of being paid his
fare.
Sometimes arrhes
are asked for in taking a lease of a house, apartment
or studio. In these cases the payment and acceptance of arrhes
binds
both parties, though the lease or bail may not have been signed.
DISGUISES
One is not allowed to wear publicly
costumes of another
sex, nor any uniform, medal or decoration without being entitled
thereto,
exceptions being made in the first case at the seasons of Mardi Gras
and
Mi Careme.
DOCTORS
AND DENTISTS
Doctors and dentists may only practise
in France if possessed
of diplomas issued upon the completion of certain courses in
Government-appointed
institutions. A degree from a foreign institution, of whatever rank,
carries
no right to recognition in France save that these first conditions have
been
complied with. Such is the law as it exists to-day, though certain
privileges
and exemptions of certain formalities are sometimes made upon
representation
to the proper authorities.
DIVORCE
AND SEPARATION
Separation is granted husband or wife
by the courts by
reason of the same causes as are admitted for divorce. This may be a
concession
to the Church, which does not admit of divorce, though in this
connection
there is, it must be remembered, no State Religion in France;
Catholics,
Protestants, Jews and Mohammedans are alike before the law, though in
the
latter case a Mohammedan living in France may not practise polygamy, as
he
is allowed to by the tenets of his creed.
DRUNKENNESS
Drunkenness in France is punishable by
fine if in public,
and fine and imprisonment if repeated. The law differentiates though
between
occasional exuberance (ivresse)
and habitual drunkenness
(ivrognerie).
It is also punishable by fine if one sells drink to
a person already the worse off for it, or to minors. A coutume,
or
local custom or usage, is current in most parts of France, which allows
one
the privilege of retracting within twenty-four hours any agreement made
in
a public drinking place.
DRESSMAKERS'
CLAIMS
A dressmaker must give a customer a
good and proper "fit."
The higher price one pays, and the more exclusive the establishment
patronised,
the more exigent one is entitled to be as regards all details of style,
workmanship, material, finish and fit, and the French courts may be
expected
to uphold any reasonable claims of a customer, a foreigner even, as
against
an establishment of this class. It is a question as to whether such a
case
is worth taking to court; possibly not with regard to a small
dressmaker
working on her own account, but with regard to an establishment of
undoubted
financial responsibility, one has a fighting chance – if the case
is
well
founded. A sine qua non is
that you shall have agreed to pay what
may be called a" fashionable price" for the garment in question; this
implies
(because in general such are admitted as excessive) the best of
everything.
If the couturier
so much as substitutes satinette for silk, or bone
buttons for ivory, if the former were agreed upon, his case may be
expected
to fall to the ground.
DIVORCE
Divorce in France is allowed for
statutory causes on
the part of husband or wife, violence, cruelty or insults, or the
sentencing
of either party to death, exile or penal servitude. Collusion in
divorce
proceedings annuls all hope of judgment. Divorce evidence is not
allowed
to be published, and only public
notice that divorce has been granted
is allowed. A divorced person may not afterwards marry the
corespondent,
and may not marry again in less than ten months. Children and
grandchildren
are not allowed to give testimony.
DEATH OF
A FOREIGNER IN FRANCE
The death of a foreigner in France
often causes much
difficulty for friends and relatives in the time of most poignant
sorrow.
The American Consul should be advised immediately, thereby much
annoyance
may be saved. Death duties are payable to the French Government in some
cases
and not in others. Only one versed in such matters can decide the
procedure.
If death occurs in a hotel, an indemnity is due the hotel keeper for
derangement,
or moral prejudice, according to circumstances. This
may be much or little, and may often be made a matter of arrangement.
The
personal belongings of the deceased are immediately put under seal by
the
Justice of the Peace, a formality which usually gives way before the
representation of the authority of an American diplomatic or consular
officer.
DEATH
DUTIES (DROITS DE SUCCESSION)
Stocks, bonds and valuables of whatever
kind, if kept
in a safe deposit vault to which the original owner had a key, are not
liable
to the French death duties. Once the succession is regulated and the
executor
having rights is recognised by the French authorities, the key and
other
property (which may have paid death duties) is turned over. What
further
fortune the turn of the key may bring to light is no concern of any one
but
the executor.
FOREIGNERS
IN FRANCE
All persons living in French territory
are subject to
the laws of France, except with regard to personal property and his or
her
power to dispose of it by deed of gift or testament.
FORWARDING
OF MAIL MATTER
Letters are bound to be forwarded to
your new address
by the concierge upon your leaving the building where he is employed;
he
is also bound to reply to inquiries and give your new address to those
who
so demand, for a period of one year. As an extra precaution with regard
to
letters the Receveur Principal des Postes et Telegraphes should be
notified
of your change of address.
FAMILY
RIGHTS
A Family Council may be instituted by
law to safeguard
general interests. The same institution is known under the Code
Napoleon
in Louisiana. The presiding officer is usually a local Juge de Paix.
The rights of the paternal head of the family are
absolute;
a child remains under his authority until majority, and may not even
leave
the house (legally) without permission.
Guardianship of the father over the personal
estate of
minor children is implied. If either father or mother dies the survivor
becomes
the guardian, who, upon decease, will presumably have appointed a legal
guardian
if the children are still minor.
The ward's interests are not guaranteed by a bond,
but
by hypothèque legale
of the property of the guardian, which
amounts to practically the same thing.
HOUSEHOLD
SILVER
If you choose to bring household silver
to France for
use in your Paris apartment, you must pay two francs a hundred grammes.
Household
effects in general should have a certificate of origin from the nearest
French
Consulate in America.
HOTELS
AND THEIR RESPONSIBILITY TOWARDS GUESTS
Hotels and auberges
are responsible depositories
of the effects of their guests. The hotel keeper is responsible for
theft
or injury thereto, whether committed by his employees or an outsider.
Burglary,
as an act of "superior force," gives a legal exemption.
The hotel keeper has lien on the effects of the
traveller
for lodging and food and drink supplied, but only on the effects which
the
traveller may have brought with him to the hotel. The Statute of
Limitations
annuls the hotel keeper's claim after six months.
The hotel register is bound to be kept by law, and is ever
at the call and inspection of the police. The same regulation applies
to
lodging or boarding houses. A hotel keeper may not lodge more than
twenty-four
hours one who proves to have committed a criminal act during that time.
The
hotel register is thus required to have the details of the guest
inscribed
thereon immediately upon arrival, name, age, nationality, profession,
where
last from, where bound.
HOLIDAYS
French legal holidays are Sundays;
January t; Christmas
Day; Ascension Day; Easter Monday and Whit-Monday; Assumption;
Toussaints,
and the Féte Nationale – July 14th.
HOTELS
Baggage left at a hotel as security for
a bill may be
sold by public auction six months after the departure of the traveller,
any
surplus being deposited for the latter's account in an appointed
depository,
where it remains for two years, after which it is acquired by the
State.
HOUSEHOLD
EFFECTS (IMPORTATION OF)
The bringing of household effects to
France by a stranger
who expects to reside there is possible only under certain
restrictions.
Household furniture, books, linen and clothing once used abroad are
admitted
free for one's personal use. If any considerable quantity is involved a
visit
should be paid to the French consul at the point of departure and a
certificate
of service, which will cost but a trifle, be taken, if one can be
obtained.
This will, in a way, establish origin and bona fides. The assay rights
on
household silver and gold will have to be paid if any but the slightest
volume
of such is brought; twenty francs a kilo on silver and three hundred
and
seventy-five francs a kilo on gold.
EDUCATION
Education is obligatory in France for
boys and girls
from six to thirteen years of age. Instruction may be at public or
private
schools, or even at the home of the father.
GAMBLING
DEBTS
Gambling debts are not admitted to
process of law, save
with exceptions referring to "sport." Billiards and card playing do not
come
in that category.
INFECTIOUS
DISEASES
In case of suspicion of an infectious
disease having
taken place in an apartment about to be hired, the landlord may be
compelled
to have it disinfected by the public health authorities, otherwise you
are
privileged to cancel your lease.
IDENTIFICATION
The average American travels, and often
lives, abroad
without any official documentary identification. A passport should be
in
the possession of every one travelling or living abroad. This, in the
absence
of any other pieces d'identite,
for which the French authorities so
often ask, will prove useful and even valuable on many occasions.
LEGITIMATISING
OF CHILDREN
A father may recognise and legitimatise
a child without
even the tacit admission of the mother. The French law is liberal and
simple.
Recognition is made legal by an Acte
Authentique de Reconnaissance,
which is stamped and registered by the authorities free of charge. No
woman
may claim paternity for any child born out of wedlock; this with
exceptions.
The subject is a vast one, but not complicated. The law favours the
better
instincts of humanity and is generally so recognised.
LOST AND
FOUND
Lost property if found is supposed to
be delivered in
Paris to the Bureau des Objets Trouves, elsewhere at the
hôtel de Ville.
A form is filled up, a receipt given, and affairs run their course,
when,
under certain reservations, the object is ultimately given to the
finder,
if no owner appears. If one buys lost property, he must, in case the
owner
appears, give it up on reimbursement of the sum paid. This presumes
that
there has been no collusion or fraud, and that the article was bought
in
good faith.
LAW OF
LIMITATIONS
The French Law of Limitations – after
which one may not
be sued for debt – varies as to whether the dealings are by
persons in
trade
or between a tradesman and an individual. A milliner or a dressmaker
produces
one of those ravishing confections for an American customer, who,
living
on her income, occupies an apartment in the F. toile quarter, and for
some
reason or other, because it was not as ordered, because the dress did
not
fit or what not, refuses payment, the individual may not be sued for
the
bill after two years have passed. The French Civil Code (Feb. 26, 1911)
thus
"outlaws" such transactions. This applies as well to doctors' and
dentists'
bills.
Between merchants doing business along similar, or
different
lines, prescription comes under another ruling. Notes and Bills of
Exchange,
etc., are only outlawed after five years.
The accounts of a professor or teacher of the
sciences
or arts, for lessons given, are outlawed in six months, as are also
those
of hotel and restaurant keepers, for board and lodging furnished, and
of
labourers and work people for their day's wages and material supplied.
The accounts of servants who hire themselves out
by the
year, and of boarding-school teachers, are outlawed within one year.
Within two years, limitation applies to the bills of
doctors, surgeons, dentists and chemists. The bills of doctors are
legally
due when a patient recovers, or
dies. This would seem to offer
much
subject for discussion, but the fact, as it is generally understood, is
stated
nevertheless. Lawyers' fees are, according to the same reasoning, or
custom,
due when judgment is obtained, or a compromise between the parties
interested
arrived at.
A general statute provides for general limitation
at
thirty years, but legal matters in which judges or lawyers are
appointed
as trustees and the like are supposed to be settled within five years,
at
which date, notes, bills of exchange, etc., signed by merchants or
traders,
are annulled by automatic prescription.
LEASES
OF HOUSES OR APARTMENTS – (BAIL)
One salient point should be observed
first of all, and
that is the condition of the house or apartment (état
de lieux)
upon taking possession. Unless it is so expressly stated in writing,
the
lessee is supposed to have received the property in good condition, and
must
so leave it. The expense of a survey, or the act of compiling an état
de lieux is usually shared
equally by the lessee and lessor.
The rent (loyer)
is supposed to be guaranteed
by the lessee having possession in his own right and in placing in the
apartment
sufficient furniture. The landlord, through his concierge, or by other
means,
may forbid the removal of any furniture if any portion of the rental
remains
unpaid. Sureties may be entered into for the amount of the rental, or a
deposit
may be made by the lessee in some bank in the name of the lessor, as a
guarantee,
in which case, by local custom – not law – the interest on
the sum so
deposited
belongs to the lessor.
A hired piano or other article of furniture could
secure
exemption by an agreement in writing, signed by all the parties
concerned,
but such an arrangement would not apply to a general outfit of hired
furniture,
unless the lessor was otherwise secured.
MOURNING
The periods of full mourning in France
(Paris) are one
year for a widow or widower; nine months for father, mother,
father-in-law,
or mother-in-law; six months for a child, son-in-law, daughter-in-law,
grandparents, brother, sister, brother-in-law, sister-in- law. Half
mourning
follows for nine months in the case of a widow or widower; six months
for
father, mother, father-in-law, mother-in-law, and three months for
other
members of the family.
MAJORITY,
OR COMING OF AGE
Majority comes automatically to boys
and girls at the
age of twenty-one, when, so far as all civil acts are concerned, they
are
no longer minors. As to marriage, all males must have completed their
eighteenth
year, and females their fifteenth, but consent of the parents must be
obtained
in the case of the man up to twenty-five years of age, and of woman up
to
twenty-one. Failing the latter, the formality known as an acte
de
respecte absolves them from the
necessity of parental permission.
METRIC
SYSTEM OF WEIGHTS AND MEASURES
The metric system is alone legal in
France. Any one who
may expect to have general dealings with French tradesmen or
institutions
should provide himself with a set of these tables and their American
equivalents
in weights and measures. The system is simple, practical and thoroughly
applicable to all transactions whereby are usually applied our own
rather
complicated system of computation.
MONEY – (CURRENT
COINS AND BANK NOTES)
The gold of Belgium, Italy,
Switzerland, Greece, Austria
and Tunisia passes current in France, and the gold and silver of
Belgium
and Switzerland. Papal States coinage is no longer current, nor is the
divisionary coinage of Greece, as was the case until quite recently.
Small
silver coinage, certain of the Napoleon effigy without the laurel
crown,
the coins of the reign of Louis XVIII and some others, are now
demonetised.
In general all the five-franc or five-livre pieces of the European
powers
are current in France, but no bank-notes except those of the Bank of
France.
An English sovereign is usually accepted by shops and hotels at
twenty-five
francs, and a five dollar gold coin ought to bring between twenty-five
francs
fifty centimes and twenty-six francs. Copper coins are not legal tender
beyond
five francs, and no one is obliged to make change for a bank-note.
MONEY
(COUNTERFEIT)
False money is a thing for strangers to
beware of in
Europe. Once accepted you have no redress against one who gave it to
you,
but he must not refuse to give you another piece for any you may be
justly
suspicious of when you are actually completing a transaction. If he
refuses
it is an affair for the police.
MARRIAGE
The institution of French marriage is
based on the family.
The question of the mercenary "dot"
is not to be considered here,
but the endowing of a daughter, and often a son, is a tenet of the
French
family creed. It is not obligatory by law, but is usual.
Marriages between brothers and sisters-in-law,
though
tacitly forbidden, is often to be arranged by personal appeal to the
President
of the Republic. Marriage is a public institution and must be
celebrated
before a civil officer, the Maire of the Commune; whether a religious
marriage
follows or not is optional. Public notice to the effect that a marriage
is
to take place must be posted on the notice board of the Mairie, or town
hall,
and the exhibiting of a birth certificate, or an "acte
de notoriete,"
in the absence of the former, is necessary, as well as the written
consent
of the parents (or its substitute in case the former is not possible),
as
well as a public acknowledgment of the terms of the marriage
settlement.
American diplomatic or consular officers may not
officiate
at the marriage of those of their nationality, as may their colleagues
in
the British service, but they may, upon request, be witnesses of the
marriage,
at an appropriate fee, which is regulated by the legal list of consular
fees,
and the same may be recorded in the records of the consulate upon the
payment
of the legal fee as well.
A woman married under the French law must obey her
husband,
is obliged to live with him, and where he may decide. With the
authority
of her husband she may carry on business and make contracts as if she
were
single, but may not go to law except with his specific consent or that
of
the courts. If her husband is poor and she has financial means, she is
obliged
to aid him, and she cannot, as an individual, transfer any property
which
she may possess without his assent.
The subject is a very vast and important one, and
any
one interested, for any reason whatever, should take every means of
supplying
themselves with thorough information on the subject if they would avoid
pitfalls
and unthought-of circumstances and conditions.
From a sentimental point, the French law does not
recognise
a breach of promise; only in case of material loss, as for the purchase
of
a trousseau, expense of a journey, or what not of a like nature, has a
jilted
young woman any recourse or hope of the gain of "damages."
NOBILITY
The French titles of nobility are a
hereditary distinction.
Such existing titles as one meets with are descended from a time
anterior
to the meeting of the National Assembly of 1789 – which abolished
them
by
decree – or from the new nobility erected by Napoleon in 1806, or
the
Restoration
of Louis XVIII. Various abolishments came into operation, but certainly
such
things as existed cannot be abolished, and so with some reasoning
descendants
put forth their pretensions, which, however, are not legally
recognised,
and may practically be considered courtesy titles.
NEWSPAPER
STATEMENTS – LIBELOUS OR NOT
Newspaper mention, by error, of any act
or fault improperly
attributable to an individual, is bound to be corrected by the owner of
the
paper upon request of the grieved party, by gratuitous insertion of the
correction within three days after having received such request.
NEWSBOYS
A newsboy in France may not shout false
news in order
to sell his papers. A leather-lunged newsboy (of perhaps twenty-five
years
of age) shouted: "Great Catastrophe on the Underground," when there was
nothing
that had happened to justify such a procedure. He was arrested,
admonished
and fined.
NATURALISATION
A foreigner may become naturalised a
French subject,
and enjoy all the privileges of the French, but he may not be eligible
to
legislative assemblies until ten years later. Naturalisation applies
only
to the individual, not to his wife and children, without a separate
procedure.
NOTARIES
A Notaire
in France does not exactly correspond
to a Notary Public. Protests are made in France by Huissiers.
A French
Notary may, under certain conditions, administer an oath to be made use
of
on a document in the United States, but his signature and seal should
be
certified by a United States diplomatic or consular officer located in
France,
under which circumstances it would have been better to have had the
notarial
act performed by such officer in the first instance.
LOST AND
FOUND PROPERTY
Treasure trove, i.e., objects found on
one's own property
belong to the owner of that property; if found on the property of
another – in
a hired house, apartment or garden – half value belongs to the
finder
and
half to the owner of the property.
PROFESSIONAL
SECRECY
Professional secrecy is provided for by
law. A doctor,
lawyer, clergyman, etc., may not reveal information which has been
confided
to them in the way of their professional duties, except as to liability
to
a fine or imprisonment, or both.
FRENCH
PROPERTY
A foreigner owning property in France
is subject to
attachment in law if a suit goes against him in France.
PROFESSIONAL
ENGAGEMENTS
Actors, musicians and singers are
engaged upon written
agreement, with usually the right of the impressario to annul said
agreement
if the artist does not "take," a fine distinction and one fraught with
considerable possible difficulty. After the first appearances, and
assuming
that they are successful, the engagement holds good for the full term
of
the agreement, and the salary has to be paid whether the services are
made
use of or not. If hired for a certain role, and once having played it,
an
actress cannot refuse to play it further without abrogating the
contract.
Continued illness releases the manager from the obligation to pay
salary,
but not a temporary illness. Pregnancy is not recognised as an illness
under
normal conditions.
PAWNSHOPS
(MONT DE PIÉTÉ)
The government pawnshop, or Mont de
Piété,
is a well organised and well conducted institution, though of course
there
is the same sense of personal fall in pride in dealing therewith, as
with
the most rapacious usurer. Loans are made for one year, with interest
at
three per cent, plus another three per cent for expenses, and a further
tax
of one per cent, in all seven per cent. Sales are made upon the claim
of
the borrower after three months, or by law, during the thirteenth
month,
if the pledge is not redeemed, any excess going to the borrower after
the
deduction of the additional expenses which are provided for and
regulated
by law.
TELEGRAMS
Telegrams, the sending of which is a
government monopoly
in France, may be written on the forms supplied at the post-office for
the
purpose, or any white blank paper. Cablegrams may be written on the
printed
forms supplied by the cable companies, and should be accepted by all
post-office
telegraph bureaux, though they are sometimes wrongly refused.
TIPS
(POURBOIRES)
These are regulated more by custom than
anything else,
and are only treated here as they apply to domicile, or residence,
rather
than for the thousand and one occasions – restaurants, tea-rooms,
the
paying
for personal service wherever expected, and the like.
From the domestic side, then, the coachman who takes you
from
the railway station to your house or hotel expects a tip of twenty-five
centimes
above his legal fare. When you pay a bill of the grocer or the baker,
you
are supposed to give the employee who presents it at least two sous.
Servants
at country houses where you may be invited are grateful if remembered
at
the rate of a franc a day, or five francs as a total if the stay is but
a
few days. The withered old party who shows you to your seat or box at
the
opera expects from fifty centimes to a franc. Your concierge will
expect
from ten to fifty francs as étrennes
at the New Year, and all
employees of tradesmen who have served you the previous twelvemonth,
personal
servants and domestics, will expect also their New Year's gift of from
ten
to twenty-five francs and upwards.
TAXES
Taxes for the foreigner in France are a
complicated
procedure. One pays an indirect tax on salt, matches, etc., and a
direct
tax on automobiles, dogs, real estate, house rent, for doors and
windows,
for doing business, for the founding of a club or society, etc. There
is
also the octroi tax,
which is Paid on all comestibles, and many other
things besides, which are brought into most of the cities, towns and
villages
of France. This is a very considerable tax in Paris, though it seldom
is
levied against the individual personally, save as you may have made an
excursion
to the country, and the happy idea struck you to bring back a dozen
really
country eggs. Then you pay as you leave the railway station, or pass
the
Porte Maillot, or by whatever means you may enter the city.
The tenant's tax in Paris is one per cent on the
rent
value and is imposed upon the tenant. Rent value of less than five
hundred
francs secures exemption. These taxes are payable by twelve monthly
instalments,
or as a total, at the choice of the tenant.
STORAGE
OF FURNITURE OR PERSONAL EFFECTS
There are government-recognised
warehouses where goods,
and under certain aspects, personal effects, furniture, trunks and the
like,
may be stored against a proper receipt or warrant. This document, under
certain
conditions, is negotiable, and on it money may even be borrowed. This
is
quite apart from the function of the government pawnshop, or Mont de
Piété
STAMPED
PAPER (PAPIER TIMBRE)
Legal documents and petitions are
generally required
to be drawn up on Papier Timbré The document is invalid
otherwise.
Such stamped paper is usually to be had at the larger tobacco shops,
and,
like stamps, tobacco and cigars, is sold as a government monopoly.
STOCKS
AND BONDS
Gifts of stocks or bonds, real or
personal property,
etc., between living parties (inter
vivos) should be registered
under
some form of notarial act. Gifts from hand to hand, of a watch or
jewelry,
of an automobile possibly (dons
manuels), require no such
document.
A married woman (a Frenchwoman or any other living under French law)
may
not receive an inter vivos gift save by her husband's consent, or the
authority
of the French courts.
SUNDAY
LAW
Sundays are public holidays in France,
but private business
so transacted, including formal agreements, etc., are valid if
performed
on that day.
SHOPS
AND SHOPPING
Avoid disputes, their settlement is a
seemingly interminable
affair. Receipts should be taken for every payment or purchase made,
above
all from a dealer with whom you may at one time or another have had a
credit
account. These receipts are valuable records. Keep them. A ten-centime
"quittance''
stamp is required by law to be placed on all receipts,
and involves a fine against payer and payee in case of omission. A
dealer
is bound to deliver the same goods which he offers, and to guarantee
them
as represented, though if offered "with defects," and so accepted by
the
purchaser, they cannot at a later time (of delivery) be refused. In the
case
of unseen defects – vices
cachés – the
responsibility rests with
the seller. All big establishments have a "claims" department, but it
is
conducted in their own interests, though nominally bound by certain
observations
of impartiality imposed by law.
SERVANTS
The servant question is not easily or
briefly handled.
Female servants from the country are very numerous in Paris, as are
Swiss.
One may often learn of servants looking for engagements at the Mairie,
or
town hall, of the Arrondissement, and there are also private employment
agencies
(Bureaux de Placement).
Domestic service seems to be at a discount
for young girls, who, in Paris as elsewhere, are taking up with shop
and
factory work. Wine and washing are usually supplied a servant, or, in
lieu
thereof, a cash indemnity is allowed. Servants pay the Bureau
de Placement
a fixed fee, after a situation
has been Obtained, and after a sufficient
time has passed to allow of her having been able to earn the sum in her
new
position. Servants remaining away from their employer's establishment
overnight
may be summarily discharged. Servants are generally engaged under
verbal
agreement, but it is incumbent upon the employer to keep a strict
written
record of money transactions with servants, as his word is usually
accepted
as final if supported with plausible bookkeeping records. An engagement
can
be broken, for cause, with a servant, on eight days' notice, usually by
the
payment of eight days' wages and packing them off. In case of bad
service
the servant cannot demand a written character, but may demand a
certificate
giving the date of entrance and leaving his, or her, employer's
service.
A servant may not pledge the credit of his employer for even
necessaries
for the house.
WINDOW
BOXES FOR FLOWERS
If one keeps flowers on balconies and
in window boxes,
the watering of them, or the knocking of them or their pots off
accidentally
into the streets, incurs liability for damage by the offender.
WILLS
A holograph will – one wholly in the
writing of the
testator – if witnessed by three persons, who should give their
addresses,
should be acceptable for probate to authorities in the United States,
and
would be recognised by the French authorities, if need be, under
article
970 of the French Civil Code.
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