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II. 242

Book Art.
ASSIGNMENT,
Of the estate of an insolvent is voluntary or judicial

III. 566
Effects of these two kinds of assignment

569
Does not legally suspend the effect of prosecutions

570
Must be confirmed by the insolvent in person

571
He may be brought into court for that purpose,

572
Declaration of assignment must be transcribed on tablets

573
Authorizes the creditors to sell the real and personal estate

574
Persons who cannot be admitted to the benefit of

575
ASSOCIATION.

See Partnership.
ATTEST,

of the captain's journal after his arrival
Of the proof of debts against an insolvent, by the judge-commis.
sioner

III 259
ATTORNEY.
The insolvent who has obtained a safeconduct may appear before
the agents by attorney

468
The creditors of an insolvent may present their claims by attor-
ney

502
The powers of those who appear as attorneys at the meeting of
creditors must be verified by the commissioner

517
ATTO!'NEYS AND COUNSELLORS,
Not permitted to practise or plead in the tribunals of commerce
without a special authorization

IV. 627
ATTORNEYS-GENERAL,
Of the courts of appeal, must procure information respecting the
demands of restoration of insolvents

III 606
Their functions in relation to that matter

610
AVERAGE,

For which the lenders on bottomry and at respondentia are liable IL 330
The insurer is liable for average on goods which the disability of
the vessel renders necessary to be reshipped in another

39S
What expenses and damages are reputed average losses

397
Mode of regulating, in default of special agreements

398
Detail of general averages

400
How they are to be borne

401
Particular average, and by whom paid

403, 404
Damage happening to goods by the fault of the captain, not ave-
rage, but for which he is liable

405
Duties and small expenses on navigation not averages

406
Petty, for which a judicial demand is not admissible

408
Cases in which the clause free from average does not discharge
the underwriter

409
AUCTION..
Sale of ships and vessels by public auction

IL 205
If the price be not paid within twenty-four hours, to be resold,

and at the risk of the last purchaser
Sale of the goods of an insolvent by auction
Bids which may be received after the adjudication

III. 492

B .
BAILIFFS,
Must be accompanied hy witnesses in making protests of bills of

exchange

I. 17:3

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69

Book ALL
BAILIFFS-(Continued.)
Formalities which they must observe, under pain of loss of office,
damages and costs

I. 176
Their appointment, fees, &c.

IV. 624
BALANCE-BOOK,
Of an insolvent debtor, must contain his debts and credits NI. 470

See agents. Assignees. Failures.
BANK OF THE SINKING FUND.
Cases in which the judge-commissioner may order the funds of

an insolvent's estate to be deposited in this bank
What order necessary to draw the same out

498
BANKING.
Exchange agents and brokers not permitted to transact any bank-

ing business on their own account
BANKRUPT.
A person married with separation of property, or under the dotal

regulation, in case of failure, shall be prosecuted as a fraudu-
lent bankrupt, if he has not filed in the clerk's office an
abstract of his marriage contract, on commencing the pro-

fession of a merchant
In what cases a merchant failing is in a state of bankruptcy III. 458
By what tribunals simple and frauduleut bankrupts are tried 439. 588, 595
The refusal of confirmation of the concordate, a presumption of
bankruptcy

526
The refusal of allowance the same effect

531
Fraudulent bankrupts not admitted to the benefit of a general
assignment

575
Merchants who shall be prosecuted as simple bankrupts 586, 587
At whose expense the costs of prosecution

589, 590
Appeal from the tribunals of correctional police in cases of bank-
ruptcy

591
What insolvents are reputed fraudulent bankrupts

593, 594
Punishment of persons found guilty of bankruptcy

596
Sentences against, posted up

599
Administration of the property of bankrupts

600
Fraudulent bankrupts not admitted to restoration

612
In what cases charged with simple bankruptcy, may obtain it 613

See Accomplice. Insolvent. Restoration.
BARKS.

See Ships and Vessels.
BARRATRY,
Loss by, not chargeable to the underwriter unless expressly stipu.
lated

II. 353
BILLS OF EXCHANGE.
Their form

I. 110
On whom, and how they may be drawn

111
Cases in which they are considered only as simple promises

113
Those signed by minors, not merchants, are void
Provision for payment

115
Acceptance
Acceptance supra protest

196
Maturity

199
Endorsement

136
Joint responsibility

140
Guaranty
Payment

143
Payment, when lost

149

118

BILLS OF EXCHANGE-(Continued.)

· Book Art.
Payment supra protest

I. 158
Rights and duties of the holder

160
Protest

173
Re-exchange

177
Limitation of actions in regard to bills of exchange

189
Jurisdiction of the tribunals in respect to them

IV. 635. 637
See Acceptance.
BILLS OF LADING,
Definition

II. 222
The master of a vessel must have one on board

226
What they ought to express, and how made

281, 282
Are evidence in certain cases

283, 284
If any of a ship's company bring goods from a foreign country in-

sured in France, a bill of lading for the same must be left

in the hands of the French consul, or a French merchant 365
Goods, for which there is no bill of lading, are not paid for if
thrown overboard

420
BILLS OF PARCELS. See Invoice.
BLANKS
Merchants' books must be kept without blanks

I. 10
Policies of insurance must not contain them

II. 232
BLOCKADE.
The duty of the master of a ship in case of the blockade of the
port of destination

279
BOOKS,
Of Merchants, in what cases admitted in evidence in courts of
justice

I. 14
Those of an insolvent debtor taken from under the seals and deli-
vered to the agents

III. 463
Must be adjusted and balanced by the insolvent who has obtained
a safeconduct

468
Are delivered to the agents in order to adjust the balance-book 472
Irregularities therein, or concealment of, considered as evidence
of bankruptcy

587. 593
What ought the journal or day book of a merchant to contain I. 8
It must be certified

10
The merchant must enter monthly in this book the expenses of
his household

I. 8. III. 586
What is the use of the book of inventories, and by whom certified I. 9, 10
Of Exchange-Agents and Brokers. Must contain the condi-
tions of sales and operations

See Purchases.
BOTTOMRY AND RESPONDENTIA.

Regulations in respect to these loans
Distribution of property saved from shipwr.ck, between credit.

ors on these loans, and insurers
Limitation of actions

432
Subject matter of these contracts

315
Circumstances which may render them void

316
On what subjects prohibited

318, 319
Other regulations concerning these contracts

325. 327. 329
Bottomry and respondentia bonds may be made negotiable
Bottomry and respondentia bon of nagment by endorsement

313
To what extent is the guaranty of payment by endorsemeny

314
On what objects a lien for principal and interest

320
Cases where the lender bears the loss

324, 325

... II. 311

331

SSO

BOTTOMRY AND RESPONDENTI 4-(Continued.) Book Art.
Losses or which the lender is not liable

II. 526
Average losses to which the lenders contribute in discharge of the

borrowers
These loans reputed commercial acts

IV. 655
BROKERS,

They certify the rate of exchange
Where established, and how appointed
Different sorts, and their functions

77, 78, 79, 80.
Persons who can ot be brokers
Book which they must keep
What they are prohibited from doing
How prosecuted in case of failure
May be employed by the assignees of an insolvent to sell the
property

III. 492
BULLION.

See Metallic Substances.

337

CAPTAIN.

See Master of Ships.
CARGO.
Masters of vessels must enter on their journal, or register, what
soever concerns the lading

II. 224
Survey which must take place before the lading
Usage regulates the time of lading and unlading when not agreed

upon
Different mode of lading vessels
Subject to a lien for the principal and interest of money lent at re-
spondentia

320
In what manner insurance may be made on shipments from other

parts of the world for Furope ,
Cases in which no cargo is brought home

356
When there are several policies of insurance on the same cargo,
how adjusted

$59
Other regulations in relation to shipments

361
CHARTER-PARTIES.
The master is required to have them on board

II. 226
What they must contain, and principles in regard to them

273
See Freight. "Freighter.
CLERKS,

of the tribunals of commerce, their appointment, fees, &c. IV. 624
OLOTHES,

Of the ship's crew, do not contribute in case of jettison II. 419
COMMANDITE.

See Partnership.
COMMANDITARY. - See Partners.
COMMERCIAI.CODE.
Epoch of the commencement of its obligatory force-Art. 1. of
the law of promulgation, page

S38
COMMISSIONER,
Of insolvent debtors, appointed by the tribunal of commerce from
among its judges

III. 454
His functions

4584585

108

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COMMON CARRIER.

Book Art.
The transport bill forms a contract between the consignor and the

carrier, or the consignor, the factor, and the carrier 1. 101
It must mention the indemnity in case of delay

102
Guaranty of the carrier

103
Cases in which the sale of the objects transported may be sold for
the benefit of the carrier

106
Limitation of actions against the carrier
COMPANIES.

See Partnership.
COMPETENCY.

See Jurisdiction.
COMPOSITION,
Between the creditor and an insolvent debtor

III. 519
Objections thereto carried before the tribunal of commerce IV. 625
CONCEALMENT.
The wife of an insolvent who should have conveyed away or con-

cealed the moveable effects and jewels of her husband, shall
be criminally prosecute

III. 555
See Insurance.
CONFIRMATION.

See Insolvent.
CONSULS.
In what cases the masters of ships must apply to the French con-
suls in foreign countries

II. 234. 244
CONSULTATION,
Which must take place before throwing overboard a part of the

cargo of a ship
CONTRACTS.

See Engagements.
CONTRIBUTION,
How made for the ransom of goods captured by the enemy

304
Wages of seamen not liable to oontribution

S01
How regulated in case of jettison

419
There can be no contribution when the jettison does not save the

ship
Goods thrown overboard do not contribute to the damage which
may happen, after the jettison, to those saved

425
See Jettison.
CONVENTIONS,

Which are reputed commercial acts
COURTS,
of Appeal. They take cognizance of demands for restoration in '

cases of insolvency
Mode of proceeding on appeals for judgments rendered by the
tribunals of commerce

IV. 645
of Criminal Judicuture. They take cognizance of cases of
fraudulent bankruptcy

III. 595
Their decrees are posted up and inserted in a newspaper

See Tri unals.
CONVEYANCE,
Fraudulent, of money, debts, goods, or effects, by an insolvent
debtor, constitutes fraudulent bankruptcy

593
CREDITORS,
Their convocation by the commissioner

476, 477, 478

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IV: 635

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599

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