Imágenes de páginas
PDF
EPUB

ASSIGNMENT,

Of the estate of an insolvent is voluntary or judicial
Effects of these two kinds of assignment

Book Art.

III. 566

Does not legally suspend the effect of prosecutions

Must be confirmed by the insolvent in person

He may be brought into court for that purpose

Declaration of assignment must be transcribed on tablets
Authorizes the creditors to sell the real and personal estate
Persons who cannot be admitted to the benefit of

[blocks in formation]

Of the captain's journal after his arrival

Of the proof of debts against an insolvent, by the judge-commis-
sioner

ATTORNEY.

The insolvent who has obtained a safeconduct may appear before
the agents by attorney

569

570

571

572

573

574

575

II. 242

III 259

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

ATTORNEYS 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

Their functions in relation to that matter

AVERAGE,

III 606

610

For which the lenders on bottomry and at respondentia are liable II 330
The insurer is liable for average on goods which the disability of

the vessel renders necessary to be reshipped in another

[blocks in formation]

How they are to be borne

Particular average, and by whom paid

Damage happening to goods by the fault of the captain, not ave-

401

403, 404

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

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

II. 205

209

III. 492
565

BAILIFFS,

B

Must be accompanied by witnesses in making protests of bills of
exchange

I. 178

Book Art.

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
See Agents. Assignees. Failures.

III. 470

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

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

497
498

I. 85

69

III. 438

In what cases a merchant failing is in a state of bankruptcy
By what tribunals simple and fraudulent 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

[blocks in formation]

Appeal from the tribunals of correctional police in cases of bank-

[blocks in formation]

In what cases charged with simple bankruptcy, may obtain it
See Accomplice. Insolvent. Restoration.

613

BARKS.

BARRATRY,

See Ships and Vessels.

Loss by, not chargeable to the underwriter unless expressly stipu

lated

BILLS OF EXCHANGE.

Their form

On whom, and how they may be drawn

Cases in which they are considered only as simple promises

[blocks in formation]

II. 353

I. 110

111

113

114

115

118

126

129

136

140

141

143

149

[blocks in formation]

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
Goods, for which there is no bill of lading, are not paid for if
thrown overboard

BILLS OF PARCELS.

BLANKS.

See Invoice.

Merchants' books must be kept without blanks
Policies of insurance must not coutain them

BLOCKADE.

The duty of the master of a ship in case of the blockade of the
port of destination

BOOKS,

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

365

420

J. 10
II. 232

279

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

I. 14

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

III. 463

468

472

587. 593

I. 8

10

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

of bankruptcy

What ought the journal or day book of a merchant to contain
It must be certified

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 shipwreck, between credit-

ors on these loans, and insurers

Limitation of actions

Subject matter of these contracts

Circumstances which may render them void

On what subjects prohibited

Other regulations concerning these contracts

Bottomry and respondentia bonds may be made negotiable

84

II. 311

331

432

315

316

318, 319

323. 327. 329

313

314

320

324, 325

To what extent is the guaranty of payment by endorsement
On what objects a lien for principal and interest
Cases where the lender bears the loss

BOTTOMRY AND RESPONDENTIA—(Continued.)

Losses or which the lender is not liable

Average losses to which the lenders contribute in discharge of the

borrowers

These loans reputed commercial acts

BROKERS,

They certify the rate of exchange
Where established, and how appointed
Different sorts, and their functions
Persons who can ot be brokers

Book which they must keep

What they are prohibited from doing

Book Art.
II. S26

330

IV. 635

I. 7
7

77, 78, 79, 80, 82

83

84

85

89

III. 492

How prosecuted in case of failure

May be employed by the assignees of an insolvent to sell the

[blocks in formation]

Masters of vessels must enter on their journal, or register, what-

Survey which must take place before the lading

II. 224

225

Usage regulates the time of lading and unlading when not agreed

upon

274

Different mode of lading vessels

286

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 Europe

537

Cases in which no cargo is brought home

$56

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

[blocks in formation]

What they must contain, and principles in regard to them
See Freight. Freighter.

275

CLERKS,

Of the tribunals of commerce, their appointment, fees, &c.

IV. 624

CLOTHES,

Of the ship's crew, do not contribute in case of jettison

[blocks in formation]

Epoch of the commencement of its obligatory force-Art. 1. of
the law of promulgation, page

COMMISSIONER,

Of insolvent debtors, appointed by the tribunal of commerce from

[blocks in formation]

339

III. 454
458-585

COMMON CARRIER.

Book Art.

The transport bill forms a contract between the consignor and the
carrier, or the consignor, the factor, and the carrier

It must mention the indemnity in case of delay

Guaranty of the carrier

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

I. 101

102

103

106

108

[blocks in formation]

Between the creditor and an insolvent debtor

Objections thereto carried before the tribunal of commerce
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 prosecuted

CONFIRMATION.

CONSULS.

See Insurance.

See Insolvent.

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

CONSULTATION,

III. 519

IV. 625

III. 555

II. 234. 244

Which must take place before throwing overboard a part of the
cargo of a ship

412

CONTRACTS.

See Engagements.

CONTRIBUTION,

How made for the ransom of goods captured by the enemy
Wages of seamen not liable to contribution

304

804

How regulated in case of jettison

419

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

423

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

[blocks in formation]

Of Appeal. They take cognizance of demands for restoration in
cases of insolvency

III. 604

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

599

CONVEYANCE,

See Tricunals.

Fraudulent, of money, debts, goods, or effects, by an insolvent
debtor, constitutes fraudulent bankruptcy

CREDITORS,

Their convocation by the commissioner

593

476, 477, 478

« AnteriorContinuar »