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360

Book Arte

I. 54

56

60

60

61

61

ARBITRATORS―(Continued.)

Period when to take effect

Papers and accounts of the parties to be delivered to them with

out formality

They may enlarge the time for the delivery of the papers
Appointment of an umpire in case of disagreement

Must state the grounds of their award

Regulations to be observed in relation to its execution

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Debts for which the captain and crew may be arrested

ARRIVAL.

Factors for transportation by land and water are sureties for the
safe arrival of the goods intrusted to them, within the time
fixed in the transport bill

ASSIGNEES,

Definitive, must make a report to the magistrate of safety of the
causes and character of the failure

II. 231

I. 97

III. 488

Circumstances in which one or more are appointed by the credit

or's

527

Their functions

them monthly to the commissioner

They represent the mass of the creditors

Cases in which they must proceed to the sale of the real estate of
the insolvent

Redemption of the goods pawned for the benefit of the estate
State of the failure and the funds on hand must be delivered by

Account which they must render to the creditors united
What acts they are required to do, when authorized to dispose
of the rights of action of the insolvent

582

582

532

536

559

562

563

With the exception of deposites and consignments they may retain
goods stopped in transitu

528

What they are required to do in cases of stoppage in transitu
They may institute prosecutions of simple bankruptcy before the
tribunals of correctional police

585

588

They must deliver to the imperial prosecutors the papers de-
manded

601

Papers not necessary in the course of the prosecution to be re-
turned to them

603

Provisional. Their appointment from a triple list.

480

After the inventory, the goods, securities, and titles of the insol

They must demand the removal of the seals, and proceed to an
inventory of the insolvent's estate

486

vent delivered to them

491

Recovery of the debts due to the insolvent, and the sale of his

moveable property

499

Forms to be observed in selling the insolvent's goods

464

Conservatory acts which they must do

499

They summon the creditors to deliver in proof of their debts, or

deposite them in the clerk's office

502

They convene them to prove their debts

514

Definitive account, which they render in the presence of the com

missioners

525

Cessation of their functions

525

See Bankrupt. Confirmation, Insolvent:

FAILURE.

FINE,

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Imposed on exchange agents and brokers for infractions of the

FIRM.

law

See Notury.

See Partnership.

I. 87

FOREIGNERS,

They cannot be admitted to the benefit of a general assignment in cases of failure

FREIGHT,

What brokers may be employed in the business of freight
Cases in which the freighter is benefited by the freight, or pays it
entirely or partially

The expenses must be paid by the freighter for the delay of the
ship occasioned by his act

III. 575

I. 86

II. 98, 99

294

When the mariners are permitted to bring goods in the ship they pay the freight

251

The seamen have a special lien on the freight for their wages,

and for the performance of the agreement of the parties 271.280

From what period it commences

Definition of freight, and mode of adjusting it

How paid in case of repairing the vessel during the voyage
In what cases forfeited

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Regulations in regard to, in cases of interdiction of commerce,

jettison, shipwreck or pillage

The shipper cannot demand a reduction of the price of freight
Cases in which he may abandon the goods for the freight
How paid in cases of discharge on account of disability of the ship
Limitation of actions on account of

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Where an insolvent n.erchant is proved to have lost large sums
in gaming, he may be prosecuted for bankruptcy

See Merchandise. Moveubles.

III. 586

GOODS.

GRACE.

Abrogation of the days of grace, favour, usage, &c. for the pay-
ment of bills of exchange

I. 185

GRAND JUDGE.

IV. 624

The tribunals of commerce are under his superintendence

GUARANTY.

The payment of a bill of exchange may be guarantied by third

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Commercial, their establishment for Paris, and their functions IV. 625

GUARDIANS,

Cannot renounce the right of appeal from an award of arbitra-
tors in which minors are interested

T. 65

GUARDIANS --(Continued.)

Book Art.

They are not admissible to the benefit of a general assignment in case of failure

They cannot be restored before the settlement of their accounts

HEIRS,

H.

Of Partners, provisions in regard to them

Affirmation which may be required of them in regard to actions barred by limitation of time

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IMMOVABLES. See Alienation. Insolvency. Mortgage.
IMPRISONMENT,

Of the person, in default of payment of the price of ships bought
at a judicial sale

In virtue of certain judgments

INSOLVENCY.

See Insolvent.

III. 575 612

1. 62

189

II. 209

III. 592. IV. 625

Persons who have failed in trade cannot become exchange-agents

nor brokers before their restoration

In case of the failure of the acceptor of a bill of exchange, the
holder may have it protested, and pursue his remedy
against the other parties

Under what circumstance is a merchant in a state of failure
He must, within three days after stopping payment, make a de-
claration thereof at the clerk's office of the tribunal of

commerce

How the commencement of the failure is declared, and its period

I. 83

163

III. 457

440

fixed

441

The debtor is disscised of the administration of his estate
Period in which no lien nor mortgage can be obtained on the pro-

442

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Appointment of the judge-commissioner and the agents
Functions of the agents in relation to the estate of the debtor
Balance-book

454

462

470

Appointment of the provisional assignees

476

Cessation of the functions of the agents and their compensation

481

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Book Art.

INSOLVENT,

By what judgment arrested and detained in the house of arrest for debt, or kept in the custody of a police officer, bailiff, or military guard

Publication of the judgment by abstract

Rendered provisionally executory

Report of the judge-commissioner on the affairs of the insolvent and proposition to liberate him with afeconduct

The insolvent may demand a safe conduct from the tribunal when

not proposed by the commissioner

Measures afterwards to be taken

III. 455

457

457

466

467

468, 469

The insolvent is present or duly summoned at the removal of the

seals and the making of the inventory

487

Called to a meeting of the creditors

The refusal of confirmation of the concordate renders the insol

vent chargeable with bankruptcy

Clothes and furniture which are returned to the insolvent
Cases in which he may demand an allowance

The refusal of allowance by the tribunal is a presumption of bank-
ruptcy

The merchant who has failed, and become insolvent, cannot show
himself afterwards on the exchange, until legaily restored
to his former rights, by the payment of all his debts

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What the policy ought to contain, and how drawn

I. 79 11. 332

The same policy may contain several different insurances
What may be the subject matter

333

334, 335

objects insured

Cases in which the underwriter may require a verification of the

Designation of the vessel not necessary in certain cases

336

337

If the price of articles insured be in foreign money it must be va-
lued in the currency of France

338

Mode of ascertaining the value of merchandise not fixed in the
policy

339

Bills of lading required

Basis on which is determined the valuation of goods insured from
a country where trade is carried on only by exchange
Justification required from the captain by the insurers, in case of

loss

What may be done in case of the failure of the insurer or the in-
sured

340

344

345

343

Subject matter which renders insurance void

347

Other causes of nullity

348, 349

What loss, damage, diminution, &c. for which the insurers are

liable

350

Insurer not liable for the misconduct or barratry of the master
In what cases the insurance is partially void

353

357, 358

Mode of adjustment where there are several policies on the same

cargo

Rules in regard to distinct insurances on goods presumed to be in
several vessels, but which are laden on board only one
In what cases the insurers are discharged
Exceptions to actions

INTERDICTION OF COMMERCE.

Where there is an interdiction of commerce with the country
whither a vessel is bound before her departure, the
contracts in relation to the voyage are dissolved

INTEREST,

On a bill of exchange protested, &c.

II. 276

I. 181, 185

368

361

365, 364, 365, 366

435

INTEREST (Continued.)

Book Art.

On the funds of an insolvent's estate deposited in the bank of the

sinking fund

III. 497

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Sales and purchases are evidenced by the acceptance of the in-
voice

1. 109

It serves to ascertain the value of goods when no price is fixed
in the contract

II. 339

J.

JETTISON,

By whom are the losses and damages occasioned thereby sup-
ported

350

Consultation to be had before throwing goods overboard, and the

selection to be made

410

Statement of the losses

414

Articles which do not contribute

Valuation of the goods thrown overboard

Compensation for the losses and damages thereby sustained

What things are not paid for in case of jettison
Cases in which there is or is not cause for contribution

In what cases the owners of the goods thrown overboard are
bound to return what they have received in contribution

JEWELS.

Cases in which the wife of an insolvent may claim them from the
creditors

415

416

419

4.20

422

429

III 554

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Appointment of, by the tribunal of commerce, from among its
members to superintend the affairs of an insolvent
Functions of this commissioner 458. 463. 469. 474. 476. 482. 490. 492.
495, 496. 498. 501. 505. 507, 508, 509. 511. 515. 518. 521.
Period when his functions cease
525. 528 531, 559. 560. 562. 585

JUDGES OF THE TRIBUNAL OF COMMERCE,

Number of these judges and of the substitutes

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