the punishment of the lighter offences against public order and good morals, cannot take cognizance of a crime involving so severe a punishment as that of fraudulent bankruptcy, which must necessarily be tried by a jury:-for juries have been introduced in criminal cases, under the new system of jurisprudence in France. (64) Page 309. The penal code declares the punishment of persons convicted of bankruptcy, in the following articles: Art. 402. Those who, according to the provisions of the commercial code, shall be found guilty of bankruptcy, shall be pu nished as follows: Fraudulent bankrupts shall be sentenced to hard labour for a limited time; Simple bankrupts shall be sentenced to imprisonment for not less than a month, nor more than two years. Art. 403. Those who, according to the provisions of the commercial code, shall be declared accomplices in fraudulent bankruptcy, shall undergo the same punishment as fraudulent bankrupts themselves. Art. 404. Exchange agents and brokers who shall have failed in business, shall be sentenced to hard labour for a limited time; if they be convicted of fraudulent bankruptcy, their punishment shall be hard labour for life. Article 19. of the same code declares, that condemnations to hard labour for a certain time, shall be for not less than five years, nor more than twenty. (65) Page 311. The provision in the text, in regard to the separate prosecution of civil and criminal actions, appears to be intended to abrogate the ordinance of 1667, tit. 18. art. 2. wherein it is declared that when two actions will lie, civil and criminal, for the same fact, and tending to the same object, they cannot be accumulated, and both be prosecuted at the same time; but that the plaintiff must choose one of the two; for one excludes the other. This seems conformable to the civil law. Digest, Lib. 48. Tit. 1. de publicis judiciis. (66) Page 315. The term rehabilitation, in the original, which I have rendered by our English word restoration, denotes a restitution of former rights and privileges which had been for feited by misconduct or crimes. Thus, letters of rehabilitation are sometimes granted under the great seal, to reinstate in reputation and honour, a person who had been condemned to suffer some disgraceful punishment, or to restore a nobleman to his rank and quality, which he had lost by some vile and dishonourable transaction. There is also rehabilitation of marriage, formerly ordered by the parliaments of France: it is a new celebration of the nuptials, on account of the first having been improperly or illegally performed, and when the parties still consent to remain united in wedlock. The disability pronounced in the text against merchants who have failed, and not been restored by rehabilitation, would appear very severe, if not unjust, in this country. Failures and bankruptcies are here viewed with a much more indulgent eye than in France: they are considered, with us, as misfortunes incident to an active spirit of commerce and a youthful ardour of enterprise-misfortunes over which a common sentiment of sympathy should throw a veil, and which renewed industry and more successful efforts may soon overcome or sink into oblivion. In a country at once so young in the arts, so fruitful in resources, and so generally commercial as this, to exclude the merchant who had failed in business from the public exchange, until he had fully satisfied all his creditors, might tend too much to dampen exertion and check credit and confidence, to be pro ductive of any beneficial consequences to society. It might, indeed, so much discourage the unfortunate debtor in his future application and efforts, as to deprive him of all hope of ever being in a situation to redeem his mercantile honour, and relieve his conscience from the moral obligations by which he may still consider himself bound. Yet, though the genius of our government, and the commercial habits of our citizens, might render so severe a law highly impolitic in this country, we cannot refuse our admiration of the moral excellence of that system of commercial jurisprudence, which throughout breathes the most sacred regard for private property and public order, enjoins the faithful performance of contracts, ordains the prompt administration of justice, and requires the unsullied purity of the mercantile character. ABANDONMENT, In what cases it may be made Cannot be made before the commencement of the voyage II. 569 370 372 Time in which to make it 373 Notification of advice 374 Time which must elapse, before made for want of advice 375 378 After made, in case of shipwreck, the insured bound to use endeavours to recover the property 381 After notice of, the insurer is bound to pay the insurance within a 382 When notified and accepted, the property insured belongs to the in surer 385 386 Of the ship, includes the freight of the goods saved Cases in which it cannot be made for account of disability of the ship ther vessel And is liable for other expenses Limitation of actions on abandonment ABBREVIATIONS Not permitted in the books of exchange agents and brokers ABROGATION 389 392 393 431, 432 I. 84 Of the days of grace, favour, usage, &c. in regard to bills of ex- Of the former commercial laws in France. Art. 2. of the decree ABSTRACT Of the articles of partnership must be recorded in the clerk's What it ought to contain and by whom signed ACCEPTANCE, Responsibility of the drawer and endorsers of a bill of exchange, 135 42 43, 44 67 Of the marriage contract to be posted up Not prejudicial to the rights of the holder against the drawer and endorsers 123 See Bills of Exchange. Book Art. ACCOMPLICE. 555, 556 In what cases creditors become such in a fraudulent bankruptcy III 479 Civil condemnation as well as criminal, pronounced against them ACCOUNTABLE PERSONS, Not admitted to the benefit of an assignment nor restoration, in ACCOUNTS, Must be rendered to the provisional assignees by the agents ACQUITTANCE, See Return-Account. 597 598 575. 612 481. 527 For the payment or security of the custom-house duties, must be Given by the agents of an insolvent's estate In proof of payment, must be joined to the petition for restoration ACTS, Commercial, what are reputed such Of an insolvent for ten days previous to his failure declared null Of the government, necessary to authorize anonymous partner ACTIONS ships Limitation of Civil, after commencement of suit, by whom prosecuted in cases Civil, in cases of bankruptcy, to be prosecuted separately from Right of, accrued to an insolvent, may be transferred by the as- Enumeration of, within the jurisdiction of the tribunals of com Of anonymous partnerships II. 226 III. 216 605 IV. 652 449 I. 37 "II. 451 III. 494 590 563 IV. 632 II. 206 III. 600 1. $2 III. 575. 612 Not admitted to the benefit of a general assignment, nor restora- Required under oath from the presumed debtors, on a bill of I. 189 463 463 464 465 470. 472, 473 Take the books and papers of the insolvent Receive money due to the insolvent and give acquittances Sell goods of a perishable nature Money received by them, how disposed of 476 Delivery of the same by them to the judge-commissioner Cessation of their functions and accounts which they must render 481, 482 Compensation allowed them, when not chosen among the creditors 483 Must do conservatory acts and cause mortgages to be recorded ALIENATION. Conditions on which minors, who are merchants, may alienate their estates By women, sole traders Particular cases in which property, stipulated dotal, cannot be alienated Of the debts and rights of action of an insolvent, the recovery of 499 I. 6 III. 563 AMMUNITIONS, Are not subject to contribution in cases of jettison ANCHORS, Of a ship when to be abandoned in cases of danger, and the consultation thereupon to be taken II. 419 410 APPAREL. See Rigging and Apparel. APPEAL, When made from an award of arbitrators L 52 Cannot be renounced by a guardian in cases where minors are in- 63 From the judgments of the correctional tribunals in cases of sim Where made from the judgments rendered by the tribunals of Time allowed for entering appeals Amount required to render an appeal admissible Mode of procedure therein LV. 644 645 646 647 648 |