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CREDITORS (Continued.)

Book Art.

insolvent

Penalty incurred by the creditors who are in collusion with the

They present a triple list of provisional assignees

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

Notification given to them to prove their debts

Their affirmation

III. 479

480

495

502

507

What a commissioner may do when a debt is disputed
Additional time granted for the verification of the debt
Defaulters not included in the dividends

508

511

513

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They may oppose the restoration of an insolvent

553

534

535

538

539-543

558-561

582

595
608

Fraudulent bankrupts may be prosecuted on the information of

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

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For which a factor for transportation by land and water is liable
Happening to goods on board a ship for which the captain is liable II. 405
In what case the insurers are liable for damage

Considered as an average loss

Estimation of

Exceptions to actions for damage in certain cases

DAMAGES,

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

305

400 405

414

435

I. 176

IL. 191, 192

285

Which are due as privileged debts to freighters
Factors are bound to give a receipt for goods delivered to them

under pain of damages

Cases in which the master of a ship is liable for damages 283. 295. 297
Accomplices in fraudulent bankruptcy liable for damages

III. 598

See Indemnity.

DATE,

Books of merchants must be kept in the order of dates
The same rule must be observed by brokers and exchange agents
Orders and bills of exchange cannot be antedated, under pain of
punishment for forgery

I. 10

84

139

DEATH,

Of the drawer of a bill of exchange exempts the holder from the
obligation of protesting it for non-payment

165

DEBTS,

Enumeration of those which are a lien by privilege on a ship
Those payable to a merchant must be entered on his journal
Debts classed according to their order of privilege

In what manner proved

Book Art.
II. 191

State of the debts which ought to be mentioned in the balance-

book

I 8

II. 191

192

III. 471

See Inventory.

DECLARATION.

Insurance becomes void in case of false declaration on the part
of the insured

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

II. 348

379

III. 440

The insolvent who has not made this declaration is under the im-
putation of bankruptcy

587

It is the same, when the declaration does not contain the name
and domicil of each of the partners of a mercantile house

DECLARATION OF WAR,

The loss and damage resulting therefrom are at the charge of the

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To be entitled to the benefit of privileged creditors, they must
conform to the provisions enacted for loans on pawn
They are not admitted, in case of insolvency, to the benefit of an
assignment, nor to restoration

587

350

I. 95

III. 575. 612

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

DETERIORATION.

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

To what extent necessary to authorize an abandonment

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693

II. 355
369

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

When the abandonment may be made on this account

Notification of the disability

The captain's duty in such cases

DIVORCE.

Formalities required in regard to merchants for judgments of di-

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Such as pilotage, tonnage, &c. are privileged claims on the pro-
duce of the sale of ships

The underwriter is not liable for these charges

352

369

389

390

391

I. 66

III. 59S

II. 191

354

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ENDORSEMENT,

Obligation of the endorsers of a bill of exchange

The endorsement transfers the property of a bill of exchange
Its form

Cases in which an endorsement is only a procuration
Antedating of, prohibited

ENGAGEMENTS,

Emancipated minors cannot contract without authorization
Which women, sole traders, may contract

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

Circumstances in which the mariners have a share in indem-

uities

Engagements which are considered as commercial acts

EQUIPMENT.

See Outfits.

IV. 621

L 118

136

187

138

159

I. 2. 6

II. 250

257

IV. 633

EXCEPTIONS,

To rights of action

EXCHANGE.

See Bills of Exchange. Public Exchange.

EXCHANGE-AGENTS.

Their functions, and where established

In what cases they act concurrently with brokers

II. 455

I. 73, 74, 75, 76

Merchants who have failed cannot become exchange-agents, un-

less restored to their former rights according to law

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

Penalties incurred in case of infraction of these provisions
How prosecuted in case of insolvency

EXPENSES,

Those which are incident to the seizure and judicial sale of ships

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Of proceedings in cases of simple bankruptcy

Those incurred by the ship and cargo reputed general ave-

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83

84

85

86

87, 88
89

II. 191, 19-2

393

400. 403
III. 589

II 397. 400. 403

406

III. 586

593

When the expenses of an insolvent merchant's household are ex-
cessive, he may be prosecuted for simple bankruptcy
The insolvent who has made a false account of his expenses is
considered a fraudulent bankrupt

FACTORS,

Their definition, duties and rights

F.

Their lien for the reim' ursement of advances

Entries which factors for land and water carriage must make in

I. 91, 92

93

their registers

96

Their liability

97

They are required to give a receipt for goods delivered to them II. 285

353

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 volume.

(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 was 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 imprisonment is thereby afforded to all unfortunate debtors who are honest. The assignment, however, does not operate as a complete discharge of the debtor from his engagements: it only liberates him, as far as the property goes towards the payment of his debts. All his 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 assignment 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 reign 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 volume. 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 engagements. 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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