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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.
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
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.
Book Art. ACCOMPLICE.
In what cases creditors become such in a fraudulent bankruptcy III. 479
597 Civil condemnation as well as criminal, pronounced against them 598
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-
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
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.
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
which has not been effected or enforced by the agents or .
II. 563 ALLOWANCE.
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
646 Rights of the courts of appeal
647 Mode of procedure therein
648 APPRAISERS. See Referees. ARBITRATORS,
Appointment of, to decide controversies between partners