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riage, and public securities, are determined by the opera-
For which a factor for transportation by land and water is liable 93
II. 191, 192
and domicil of each of the partners of a mercantile house 587
conform to the provisions enacted for loans on pawn I. 95
III. 575. 612
from this cause
donment to the underwriters, under certain circum-
Emancipated minors cannot contract without authorization 1. 2. 6
To rights of action
1. 73, 74, 75, 76
II. 191, 19:2
II 397. 400. 403
cessive, he may be prosecuted for simple bankruptcy III. 586
1. 91, 92
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