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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 punished 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, vor 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 in dustry 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.

INDEX.

Book Art. ABANDONMENT. In what cases it may be made

II. 569 Cannot be made before the commencement of the voyage

370 Cannot be partial or conditional

372 Time in which to make it

373 Notification of advice

374 Time which must elapse, before made for want of advice

375 Formalities required

378 After made, in case of shipwreck, the insured bound to use endea. vours to recover the property

381 After notice of, the insurer is bound to pay the insurance within a certain time

382 When notified and accepted, the property insured belongs to the insurer

385 of the ship, includes the freight of the goods saved

386 Cases in which it cannot be made for account of disability of the ship 389 When made, the insurer runs the risk of the goods reladen in another vessel

392 And is liable for other expenses

393 Limitation of actions on abandonment

431, 132 ABBREVIATIONS

Not permitted in the books of exchange agents and brokers I. 84 ABROGATION of the days of grace, favour, usage, &c. in regard to bills of er

change
Of the former commercial laws in France. Art. 2. of the decree

of promulgation
ABSTRACT
Of the articles of partnership must be recorded in the clerk's

office What it ought to contain and by whom signed

43, 44 Of the marriage contract to be posted up ACCEPTANCE, Responsibility of the drawer and endorsers of a bill of exchange, in regard to its acceptance.

118 Refusal of, how proved

119 Obligation of the acceptor

121 Formalities to be observed

129 May be restricted

124 Period in which it must be made

125 By intervention, or supra protest Not prejudicial to the rights of the holder against the drawer and endorsers

128 See Bills of Exchange.

126

Book Art. ACCOMPLICE.

In what cases creditors become such in a fraudulent bankruptcy III. 479
When the wife of an insolvent may be prosecuted as such 555, 556
Misdemeanors which render individuals accomplices in fraudu.
lent bankruptcy, and their punishment

597 Civil condemnation as well as criminal, pronounced against them 598

See Bankrupt.
ACCOUNTABLE PERSONS,
Not admitted to the benefit of an assignment por restoration, in
case of insolvency

575. 612 ACCOUNTS, Must be rendered to the provisional assignees by the agents

of an insolvent's estate, and by the former to the defini-
tive assignees

481. 527
See Return-Account.
ACQUITTANCE,
For the payment or security of the custom-house duties, must be

in the possession of the captain on board the vessel II. 296 Given by the agents of an insolvent's estate

III. 216 In proof of payment, must be joined to the petition for restoration 605 ACTS, Commercial, what are reputed such

IV. 692 Of an insolvent for ten days previous to his failure deelared null III. 444 Conservatory, to be performed by the agents and assignees of an insolvent

449 Of the government, necessary to authorize anonymous partner. ships

1. 37 ACTIONS Limitation of

II. 451
Civil, after commencement of suit, by whom prosecuted in cases

of failure
Civil, in cases of bankruptcy, to be prosecuted separately from
criminal actions

590 Right of, accrued to an insolvent, may be transferred by the aso signees

563 Enumeration of, within the jurisdiction of the tribunals of commerce

IV. 638 ADJUDICATION, Of ships and vessels under seizure

II. 206 See Sale. ADMINISTRATION, of the property of bankrupts

III. 600 See Partnerships. ADMINISTRATORS, Of anonymous partnerships

1. S2 Not admitted to the benefit of a general assignment, nor restoration in cases of failure

III. 575. 612 ADVICE.

See Abandonment.
AFFIRMATION,
Required under oath from the presumed debtors, on a bill of
exchange barred by the limitation of actions

I. 189

456

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Book Art.
AFFREIGHTMENT. See Freight. Charter-Parties.
AGENTS,
Of exchange

See Exchange-Agents.
Of merchandise

See Factors.
In cases of failure, by whom and how appointed in UI. 454. 456
Duration of their office
Their revocability

460 Oath to be taken on entering into office

462 Take the books and papers of the insolvent

463 Receive money due to the insolvent and give acquittances

463 Sell goods of a perishable nature

464 Money received by them, how disposed of

465 Balance book delivered to them

470. 472, 473 Delivery of the same by them to the judge-commissioner

476 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 499
ALIEN ITION.
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

which has not been effected or enforced by the agents or .
assignees

II. 563 ALLOWANCE.

See Insolvent.
AMMUNITIONS,
Are not subject to contribution in cases of jettison

II. 419
ANCAORS,
Of a ship when to be abandoned in cases of danger, and the con-
sultation thereupon to be taken

410 APPAREL See Rigging and Apparel. APPEAL, When made from an award of arbitrators

. 52 Cannot be renounced by a guardian in cases where minors are in. terested

65 From the judgments of the correctional tribunals in cases of sim

ple bankruptcy
Where made from the judgments rendered by the tribunals of
commerce

LV. 644
Time allowed for entering appeals
Amount required to render an appeal admissible

646 Rights of the courts of appeal

647 Mode of procedure therein

648 APPRAISERS. See Referees. ARBITRATORS,

Appointment of, to decide controversies between partners
How appointed
Their award open to appeal in certain cases

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