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CREDITORS-(Continued.)

Book Art
Penalty incurred by the creditors who are in collusiou with the
insolvent

III. 479
They present a triple list of provisional assignees

480
When they have any complaint to allege against the assignee,
they refer the matter to the comisissioner

495
Notification given to them to prove their debts

50%
Their affirmation

507
What a commissioner may do when a debt is disputed

508
Additional time granted for the verification of the debt

511
Defaulters not included in the dividends

515
Appeal of the creditors admitted

514, 515
Verification of the powers of attorney

517
Union of the creditors

527
Payment of the privileged creditors

553
In case of joint obligations

534
In cases of pledges or pawns

535
How creditors who have become sureties are admitted
Rights of mortgage creditors

539-543
Dividends how made

558561
Rights of creditors to goods stopped in transitu

583
Fraudulent bankrupts may be prosecuted on the information of
creditors

595
They may oppose the restoration of an insolvent

GOS
See Composition. Debts. Pawns. Privilege. Sales.
CURRENT PRICE,
Of exchange, goods, insurance, freight for land and water car.

riage, and public securities, are determined by the opera-
tions on the public exchange

I. 79
By whom certified

73

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D.
DAMAGE,

For which a factor for transportation by land and water is liable 93
Happening to goods on board a ship for which the captain is liable II. 475
In what case the insurers are liable for damage

305
Considered as an average loss

400 4us
Estimation of
Exceptions to actions for damage in certain cases

435
DAMAGES,
As an indemnity may be recovered from notaries and bailiffs
for neglect of duty in certain cases

I. 176
Which are due as privileged debts to freighters

II. 191, 192
Factors are bound to give a receipt for goods delivered to them
under pain of damages

285
Cases in which the master of a ship is liable for damages 283. 295. 997
Accomplices in fraudulent bankruptey liable for damages III. 598

See Indemnity.
DATE,
Books of merchants must be kept in the order of dates

1. 10
The same rule must be observed by brokers and exchange agents 84
Orders and bills of exchange cannot be antedated, under pain of
punishment for forgery

139
DE A TH,
Of the drawer of a bill of exchange exempts the holder from the
obligation of protesting it for non-payment

165

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DEBTS,

Book Art.
Enumeration of those which are a lien by privilege on a ship II. 191
Those payable to a merchant must be entered on his journal I 8
Debts classed according to their order of privilege

II. 191
In what manner proved

192
State of the debts which ought to be mentioned in the balanee-
book

III. 471
See Inventory.
DECLARATION.
Insurance becomes void in case of false declaration on the part
of the insured

II. 348
Declaration to be made by the insured in cases of abandonment 379
By an insolvent at the clerk's office within three days after his
stoppage of payment

IN, 440
The insolvent who has not made this declaration is under the im.
putation of bankruptcy

587
DIt is the same, when the declaration does not contain the name

and domicil of each of the partners of a mercantile house 587
DECLARATION OF WAR,
The loss and damage resulting therefrom are at the charge of the
insurers

350
DECREES.

See Judgments.
DEPOSITARIES,
To be entitled to the benefit of privileged creditors, they must

conform to the provisions enacted for loans on pawn I. 95
They are not admitted, in case of insolvency, to the benefit of an
assignment, nor to restoration

III. 575. 612
He is considered as a fraudulent bankrupt who applies to his own
use the property deposited in his hands

693
DETERIORATION.
The policy of insurance must designate the articles which are
subject to it

II. 355
To what extent necessary to authorize an abandonment

369
DIAMONDS.

See Jewels.
DIMINUTION.
In what cases the underwriters are not liable for losses arising

from this cause
DISABILITY,
of ships and vessels from the perils of the seas, is cause of aban-

donment to the underwriters, under certain circum-
stances

369
When the abandonment may be made on this account

389
Notification of the disability

390
The captain's duty in such cases

391
DIVORCE.
Formalities required in regard to merchants for judgments of di-
vorce

I. 66
DONATIONS.
Fictitious donations render an insolvent chargeable with frauda-
lent bankruptcy

III. 595
DOTAL REGULATION. See Marriage.
DUTIES,
Such as pilotage, tonnage, &c. are privileged claims on the pro-
duce of the sale of ships

II. 191
The underwriter is not liable for these charges

354

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136
157
138

IL. 435

E.

Book Art.
EEFECTS.

See Moveables.
ELECTION,
Of the judges of the tribunals of commerce

IV. 621
ENDORSEMENT,
Obligation of the endorsers of a bill of exchange

L 118
The endorsement transfers the property of a bill of exchange
Its form
Cases in which an endorsement is only a procuration
Antedating of, prohibited

159
ENGAGEMENTS,

Emancipated minors cannot contract without authorization 1. 2. 6
Which women, sole traders, may contract

7
Manner of proving the engagements of the captain and crew of
ships

II. 250
Circumstances in which the mariners have a share in indem-
uities

257
Engagements which are considered as commercial acts IV. 633
EQUIPMENT.

See Outfile.
EXCEPTIONS,

To rights of action
EXCHANGE See Bills of Exchange. Public Exchange.
EXCHANGE-AGENTS.
'I heir functions, and where established

1. 73, 74, 75, 76
In what cases they act concurrently with brokers

81
Merchants who have failed cannot become exchange-agents, un-
less restored to their former rights according to law

83
Books which they are required to keep
Prohibited from certain commercial operations
Cannot become guarantees for the performance of the contracts
made through their intervention

86
Penalties incurred in case of infraction of these provisions 87, 88
How prosecuted in case of insolvency

89
EXPENSES,
Those which are incident to the seizure and judicial sale of ships
and vessels are privileged debts

II. 191, 19:2
Of storage and relading at the charge of the insurer
Which are considered general average

400. 403
Of proceedings in cases of simple bankruptcy

III. 589
Those incurred by the ship and cargo reputed general ave.
rage

II 397. 400. 403
Those which are not so considered

106
When the expenses of an insolvent merchant's household are ex.

cessive, he may be prosecuted for simple bankruptcy III. 586
The insolvent who has made a false account of his expenses is
considered a fraudulent bankrupt

593

F.
FACTORS,
Their definition, duties and rights

1. 91, 92
Their lien for the reim' ursement of advances

9S
Entries which factors for land and water carriage must make in
their registers

96
Their liability
They are required to give a receipt for goods delivered to them II. 985

85

393

97

husbands. This code throughout manifests the greatest regard for the just claims of creditors, and the faithful performance of contracts. It has therefore guarded most scrupulously against fraudulent conveyances, collusive agreements, or feigned stipulations.

On the subject of the claims of married women, in cases of failure, I cannot do better than to refer the reader, for a full elucidation of the provisions in the text, to the able and eloquent speech of M. Treilhard, in the Motives, at page 71. of this volunie.

(60) Page 297. The civil law permitted the debtor to make an assignment of all his estate for the benefit of his creditors, and in his own discharge from arrest or imprisonment. See Dig. Lib. 42. Tit. III. de cessione bonorum. Cod. Lib. 7. Tit. II. qui bonis cedere possint. Nov. 135. This alleviation to the unfortunate debtor was introduced among the Romans, by the Julian law, in order to mitigate the severity of the law of the twelve tables, which rendered creditors absolute masters of the liberty and life of their insolvent debtors. At length the cessio bonorum became so frequent, in some parts of Italy, that it was found necessary to attach some public disgrace to the practice; the debtor was therefore ordered, on making the assignment, to wear a cap or bonnet of an orange colour; at Rome a green cap was worn on such occasions.

The benefit of the cessio bonorum was early introduced into France: it was called the refuge of the miserable ; but it was not until the end of the sixteenth century that the wearing of the green cap, according to the practice at Rome, was adopted. Other formalities had been observed under the salique law. It

always considered as a badge of ignominy, worn by the debtor to show to the public that he had lost his property by his own folly. This mark of public disgrace was, however, in later times, generally abolished in France, and the assignment was merely required to be made in open court. The consular judges, who, before the adoption of the present code, took cognizance of commercial transactions, had no jurisdiction in this matter. The Code Napoleon, which has superseded all the former laws, usages, and customs, in every part of France, contains several important provisions on this subject. See Code Napoleon, Book III. Tit. III. & 5. Relief from personal imprisoument is thereby afforded to all unfortunate debtors who are honest. The assignment, however, does not operate as a complete discharge of the debtor froir his engagements : it only liberates him, as far as the property goes towards the payment of his debts. All bis future acquisitions are liable till his debts are fully paid. The proceedings rendered necessary in cases of assignment of insolvents' estates, other than those mentioned in the text to which this note refers, are laid down in the code of civil procedure, Book I. Tit. XII.

(61) Page 299. Anciently, in France, it was sufficient if the insolvent debtor made his assigament by attorney, or by written notice sent to his creditors, conformably to the provision in the civil law on this subject. See Dig. Lib. 42. Tit. III. $ 9. de cessione bonorum; but this indulgence was abolished, as early as the year 1510, in the reiga of Louis XII. and the debtor was required to make the assignment in person in open court. The provision in the text of this code is equally rigorous.

(62) Page 301. I must here beg leave to refer the reader to my note on the French word revendication, at page 62. of this rolume. The right of stopping in transitu, which formerly prevailed in France, has been considerably modified and reduced by this code, with a view to afford greater security to creditors, in cases of failure, and to give more stability to mercantile engagemeuts. The English doctrine on this subject corresponds, pretty generally, with the principles laid down in the text; but the numerous and diversified relations of human affairs, in a country where commerce constitutes the chief business of life, has often brought this question in litigation, and given rise to a multitude of judicial decisions on the subject. The reader will find most of these decisions referred to, in a note to the 1st vol. of Espinasse's Nisi Prius Reports, page 243. and many of them well arranged in Abbott on Shipping, page 297–319. See also 2 Caines, 38. 3 Caines, 182.

(63) Page 307. The appeal mentioned in the text is ordered because the tribunals of correctional police, being instituted for

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