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, 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 508 511 513 They may oppose the restoration of an insolvent 553 534 535 538 539-543 558-561 582 595 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- For which a factor for transportation by land and water is liable 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 305 400 405 414 435 I. 176 IL. 191, 192 285 Which are due as privileged debts to freighters under pain of damages Cases in which the master of a ship is liable for damages 283. 295. 297 III. 598 See Indemnity. DATE, Books of merchants must be kept in the order of dates I. 10 84 139 DEATH, Of the drawer of a bill of exchange exempts the holder from the 165 DEBTS, Enumeration of those which are a lien by privilege on a ship In what manner proved Book Art. 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 Declaration to be made by the insured in cases of abandonment II. 348 379 III. 440 The insolvent who has not made this declaration is under the im- 587 It is the same, when the declaration does not contain the name DECLARATION OF WAR, The loss and damage resulting therefrom are at the charge of the To be entitled to the benefit of privileged creditors, they must 587 350 I. 95 III. 575. 612 He is considered as a fraudulent bankrupt who applies to his own DETERIORATION. The policy of insurance must designate the articles which are To what extent necessary to authorize an abandonment 693 II. 355 DIMINUTION. In what cases the underwriters are not liable for losses arising DISABILITY, Of ships and vessels from the perils of the seas, is cause of aban- 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- Such as pilotage, tonnage, &c. are privileged claims on the pro- The underwriter is not liable for these charges 352 369 389 390 391 I. 66 III. 59S II. 191 354 ENDORSEMENT, Obligation of the endorsers of a bill of exchange The endorsement transfers the property of a bill of exchange Cases in which an endorsement is only a procuration ENGAGEMENTS, Emancipated minors cannot contract without authorization Manner of proving the engagements of the captain and crew of 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 EXPENSES, Those which are incident to the seizure and judicial sale of ships Of proceedings in cases of simple bankruptcy Those incurred by the ship and cargo reputed general ave- 83 84 85 86 87, 88 II. 191, 19-2 393 400. 403 II 397. 400. 403 406 III. 586 593 When the expenses of an insolvent merchant's household are ex- 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, ६ 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 |