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JUDGMENT-(Continued.)

Book Art.

Actions on which these tribunals judge definitively, or subject to

appeal

Against bankrupts to be posted up

JURISDICTION,

Of the tribunals of commerce

IV. 643, 644

Of the civil tribunals in places where there are no tribunals of

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III. 509

IV. 631

640

647

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Sums lent to the master to answer the necessities of the vessel
during the last voyage are privileged debts

Those lent on bottomry for repairing, victualling and equipping
the ship, are also privileged

Mode of verifying these loans

LOSSES,

See Bottomry and Respondentia.

To what extent is the commanditary partner liable for losses
Those which the factor for land and water carriage is liable
In case of the loss of a bill of exchange, opposition to its payment
is admitted

Damage and losses at the risk of the insurers

Proportion of loss which authorizes an abandonment in cases of insurance

The insolvent who has stated fictitious losses is reputed a fraudu. lent bankrupt

MAGISTRATE OF SAFETY,

M.

The agents and assignees of an insolvent required to deliver him a
summary statement of the insolvent's affairs

Measures which this magistrate may officially take thereupon
Information which he must transmit to the judge-commissioner
Cases in which an insolvent is remanded to him under accusation
of bankruptcy

MARRIAGE,

11. 191

191

192

I. 26

98

149

II. 350

369

III. 598

488

489

490

526. 531

An abstract of the marriage contract, where one of the parties is
a merchant, must be exposed on a tablet
Regulations concerning stipulations in favour of the wife in this

contract

Under the Dotal Regulation. Cases in which the property of
the wife stipulated as dotal may be alienated
Obligations imposed on the parties married under this regulation

MASTER OF SHIPS,

Notifications and citations given to him in certain cases when the ship is under seizure

I. 67

III. 549

His functions cease after the adjudication of the ship under seizure
In what cases, when dismissed, he can claim an indemnity, and

I. 7 67

II. 201 208

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MASTER OF SHIPS-(Continued)

Cause a survey of the shup to be made before he takes charge
Documents which he must have on board

Book Art

II. 225

226

227

228

250

231

Circumstances in which he is bound to be personally on board
His liability in damages i. case of infraction of this last provision
Justified by obstacles of superior force

Only debts for which he may be arrested on board

Must have the special auth rization of the owners for certain objects 32 Cases in which he may borrow on bottomry

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Account which he is required to sead to his owners before his departure from a foreign port to return to France

Responsibility of the master in case of selling the goods on board without necessity

Only case in which the master can sell the ship without a special

power from the owners

He is bound to finish the voyage for which he is engaged

He cannot trade on his own account when interested in the profit
of the voyage

What he must do in case of danger obliging him to abandon the ship
Attestation of his journal, and report which he must make on ar-

rival

235

236

937

258

x59, 240

241

242, 243

245

216, 247

248

Certificate which he must take from the French consul when he

touches in a foreign port

What he ought to do in case of shipwreck

He cannot discharge any goods except in case of imminent peril
Circumstances in which he may compel the people on board to put

their provisions in common stock

He may be authorized, for the payment of his freight, to sell the goods brought in his ship, but cannot detain them on board

He has a lien for his freight on the goods for a certain time

MAYORS,

249

305, 306 307, 308

The books of merchants must be marked and certified by them or their assistants, or by the judges of the tribunal of com

merce

MERCHANDISE,

At whose risk after delivery from the warehouse of the seller
The master of a ship is answerable for goods delivered to him
In what cases he may pledge or sell it

Cannot be laden on board a ship on account of the captain or ma

riners without authorization

Circumstances in which the shipper may take back his goods Limitation of actions in relation to goods not delivered from a ship

I. 11

100

II. 222

234

251

293

433

When goods are subject to decay, in case of failure the seals are taken off and they are sold

III. 464

Permission of the tribunal necessary to sell goods not of a perish

able nature

464

Period in which the goods of an insolvent are delivered to the provisional assignees

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Brokers, concurrently with exchange-agents, may buy these sub

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MINORS.

Book Art.

Conditions required to enable them validly to contract mercan-
tile engagements

Rights which the authorization of father and mother give them
Bills of exchange, signed by minors, not merchants, are void in
regard to them

MORTGAGE.

Minors, who are merchants, and women, sole traders, cannot
mortgage their real estate without authorization

Period in which previous to a failure no mortgage can take effect
on the real estate of the debtor

I. 2, S

6

114

6, 7

III. 443 524

Confirmation of the concordate preserves the lien of the creditors
Registry of mortgages required for the benefit of an insolvent 499, 500

MOVEABLES.

An enumeration and valuation to be made in cases of insolvency
To whom delivered after the termination of the inventory
How disposed of

NOTARIES.

N.

Penalties for their neglect to report an abstract of the marriage
contract between parties, one of whom being a merchant

Notaries draw up policies of insurance

Protests for non-acceptance or non-payment of bills of exchange
are made by a notary and two witnesses

Formalities which notaries must observe on pain of loss of office

and damages

Bottomry bonds drawn and certified by them

NOTORIETY.

In case of failure, public notoriety is sufficient to authorize the af-
fixion of the seals

471

491

I. 122

68

79

173

176

II. 311

Ill. 449, 450

595

Cases of fraudulent bankruptev may be prosecuted on public no-
toriety, by the imperial prosecutors

NUI LITY.

Formalities prescribed under pain of nullity, for the delivery,
transcription, and notification of the abstract of partner-
ship agreements

I. 42

Causes which render contracts of insurance pull II. $47. 349. 357. 365
Nullity of payments made in fraud of creditors

Also of a composition between an insolvent and his creditors in

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Those which a woman, sole trader, may contract without the consent of her husband

What obligations are reputed commercial acts

OPPOSITION,

When the creditors of an insolvent are admitted to oppose a judg ment of separation or divorce between husband and wife

Opposition to the payment of a bill of exchange

Demands of severance of property are converted into oppositions

to the payment of the whole in certain cases

Time for putting in oppositions

I. 5 IV. 632

I. 66

149

II. 210

212

OPPOSITION (Continued.) Book Art. Delay allowed to opposing creditors to produce their titles II. 215, 214 The creditors in default are allowed until the last dividend to put

in their oppositions

III 51S

Any party interested may bring forward an opposition to the restoration of an insolvent

608

IV. 635

Competency in regard to oppositions to the concordate

OUTFITS,

Of ships and vessels subject to a lien for the principal and interest of loans on bottomry

PARTIES.

P.

In default of producing the books of a party in a cause, the judge may receive the oath of the opposite party in evidence Case in which an exchange-agent or broker may be condemned in damages towards the parties

How the rights of parties are regulated in case of the nullity of bills of exchange, signed by minors not merchants

PARTNERS,

Which of them are jointly and severally responsible for the en-
gagements of the partnership

II. 320

I. 17

87

114

22

Their disputes decided by arbitration

Provisions in relation to the widows, heirs, and legal representa

tives of partners

Commanditary partners, what

The name of a commanditary partner cannot enter into firm of
the partnership

How made liable for losses

They have no right to intermeddle in the management of the bu-
siness

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27

62

25

PARTNERSHIP,

See Partnership.

How the contract regulated

Different species of commercial partnerships and their character

istic distinctions

Losses for which anonymous partnerships are liable
Division of the capital of this sort of partnership
It must be authorized by the government

The capital stock of commandite partnership may be divided into
shares

18

19, 20. 22, 23, 24. 29. 31

33

34

37

38

Acts or instruments proving the different species of partnership
Abstracts of the articles of partnership must be recorded in the
clerk's office and posted up

39, 40

42

In what manner proved

Formalities relative to partnerships which have several houses in
different districts

How a continuation of a partnership, after the expiration of its
term, is to be proved

Commercial associations in participation, or joint concerns

Objects for which they are formed

Formalities from which they are exempt

In case of failure, how the declaration should be made

PILLAGE,

At whose charge are the damages and losses occasioned by the
pillage of a vessel

42

46

47

48

49

50

III. 440

II. 350

PILOTAGE,

Book Art.

Is among the number of privileged debts

PLEADING.

II. 191, 192

Authorization of the party necessary to plead in a tribunal of com

merce

POLICY OF INSURANCE.

PREMIUM.

See Insurance.

Insurance brokers certify the rate of premiums of insurance Premiums of insurance on the outfits and equipment which are among the number of privileged debts

IV. 627

I. 79

П. 191, 192

Proportionate rate by which may be fixed the premium of rein

surance

By whom the increase of premium, in case of war, is fixed
Case in which the premium is due to the insurer
Reduction of the premium in certain cases

Case in which a double premium is paid by the insurer or the in-
sured

PRESCRIPTION

The captain cannot acquire the property of the ship by means of prescription

PRESUMPTION.

Circumstances in which that of the loss or arrival annuls the in

surance

PRIVILEGE,

Of a factor who has made advances on goods
Mode of verifying privileged debts for which creditors have a lien
on ships and vessels

How these privileges in case of the judicial sale of the vessel are
discharged

Privilege of the captain, and circumstances in which the mariners have a lien on the goods saved

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No privilege can be acquired on the property of an insolvent
within ten days next preceding his failure

General privilege of the creditors on all the estate of an in-
solvent

PROCLAMATIONS,

To be made on the judicial sale o ships and vessels

What they must announce

Bids received after each proclamation

The final sale after the third

PROCURATION.

See Seizure.

A commanditary partner, even in virtue of a procuration, cannot
transact any business on account of the partnership

Case in which an endorsement is only a procuration

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II. 202

204

205

206

I. 27, 28

138

I. 187 188

IV. 636, 637

Cases in which they are subject to the jurisdiction of the civil tri

bunals, or the tribunals of commerce

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