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JUDGMENT- Continued.)

Book Art Actions on which these tribunals judge definitively, or subject to appeal

IV. 643, 644 Against bankrupts to be posted up

III. 509 JURISDICTION, Of the tribunals of commerce

IV. 631 Of the civil tribunals in places where there are no tribunals of commerce

640 Of the courts of appeal






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

11. 191
Those lent on bottomry for repairing, victualling and equipping
the ship, are also privileged

191 Mode of verifying these loans

192 See Bottomry and Respondentia, LOSSES,

To what extent is the commanditary partner liable for losses I. 26
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

149 Damage and losses at the risk of the insurers

II. 350 Proportion of loss which authorizes an abandonment in cases of

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

III. 593

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

488 Measures which this magistrate may officially take thereupon 489 Information which he must transmit to the judge-commissioner 490 Cases in which an insolvent is remanded to him under accusation of bankruptey

526. 531 MARRIAGE, An abstract of the marriage contract, where one of the parties is a merchant, must be exposed on a tablet

1. 67 Regulations concerning stipulations in favour of the wife in this contract

11. 549 Under the Dotal Regulation. Cases in which the property of the wife stipulated as dotal may be alienated

l. 7 Obligations imposed on the parties married under this regulation 67 MASTER OF SHIPS, Notifications and citations given to him in certain cases when the ship is under seizure

IT. 201 His functions cease after the adjudication of the ship under seizure 208 In what cases, when dismissed, he can claim an indemnity, and when part owner, reimbursement

218, 219 For what objects responsible

221, 222 He must form the crew

223 Keep a register or journal



• Book Arte Cause a survey of the stup to be made before he takes charge II. 225 Documents which he must have on board

Circutstances in which he is bound to be personally on board 227
His liability in damages i case of infraction of this last provision 228
Justified by obstacles of superior force
Only debts for which he may be arrested on board
Must have the special anthrization of the owners for certain objects 32
Cases in which he may borrow on bottomry
Account which he is required to send to his owners before his
departure froin a foreigo port to return to France

935 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

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

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

39, 240 What he must do in case of danger obliging him to abandon the ship41 Attestation of his journal, and report which he must make ou arrival

219, 243 Certificate which he must take from the French consul when he touches in a foreign port

945 What be ought to do in case of shipwreck

946, 947 He cannot discharge any goods except in case of imminent peril

248 Circumstances in which he may compel the people on board to put their provisions in common stock

249 * He may be authorized, for the payment of his freight, to sell the

goods brought in his ship, but cannot detain them on

305, 306
He has a lien for his freight on the goods for a certain time 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.


At whose risk after delivery from the warehouse of the seller 100
The master of a ship is answerable for goods delivered to him 11. 229
In what cases he may pledge or sell it,
Cannot be laden on board a ship on account of the captain or ma-
riners with ut authorization

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

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

III. 461
Permission of the tribunal necessary to sell goods not of a perish-
able nature

461 Period in which the goods of an insolvent are delivered to the pro

visional assignees MERCHANTS. Who are considered merchants and traders

1. 1
Their obligations
Brokers, concurrently with exchange-agents, may buy these sub-

The latter alone can certify the current price




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

114 MORTGAGE. Minors, who are merchants, and women, sole traders, cannot

mortgage their real estate without authorization - 6, 7 Period in which previous to a failure no mortgage can take effect on the real estate of the debtor

III. 443 Confirmation of the concordate preserves the lien of the creditors 524

Registry of mortgages required for the benefit of an insolvent 499, 500 MOVEIBLES. .

An enumeration and valuation to be made in cases of insolvency 471
To whom delivered after the termination of the inventory

491 How diss.osed of

I. 122



Penalties for their neglect to report an abstract of the marriage

contract between parties, one of whom bemg 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

173 Formalities which notaries must observe on pain of loss of office and damages

176 Bottomry bonds drawn and certified by them

II. 311 NOTORIETY. · In case of failure, public notoriety is sufficient to authorize the af. fixion of the seals

111. 449, 450 Cases of fraudulent bankruptor may be prosecuted on public notoriety, by the imperial prosecutors


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 11, $47. 319. 357. 365 Nullity of payments made in fraud of creditors

III. 447 Also of a composition between an insolvent and his creditors in certain cases

519. 521, 52, 523, 524 Circumstances in which actions, protestations and demands shall be null


Those which a woman, sole trader, may contract without the con-
sent of her husband

I. 5 What obligations are reputed commercial acts

IV. 632 OPPOSITION, When the creditors of an insolvent are admitted to oppose a judg.

ment of separation or divorce between busband and wife 1. 66 Opposition to the payment of a bill of exchange

149 Demands of severance of property are converted into oppositions

to the payment of the whole in certain cases Time for putting in oppositions



Book Art.
Delay allowed to opposing creditors to produce their titles II. 213, 214
The creditors in default are allowed until the last dividend to put
in their oppositions

III 518 Any party interested may bring forward an opposition to the res. toration of an insolvent

608 Competency in regard to oppositions to the concordate iv. OUTFITS, of ships and vessels subject to a lien for the principal and interest of loans on bottomry



1. $20

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

gagements of the partnership
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-

See Partnership.

How the contract regulated
Different species of commercial partnerships and their character.
istic distinctions

19, 20. 22, 23, 24. 99.
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

Acts or instruments proving the different species of partnership S9,
Abstracts of the articles of partnership must be recorded in the

clerk's office and posted up
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
In what manner proved
Formalities from which they are exempt

In case of failure, how the declaration should be made III. 440
At whose charge are the damages and losses occasioned by the
pillage of a vessel


Book Art. Is among the number of privileged debts

II. 191, 192 PLEADING Authorization of the party necessary to plead in a tribunal of commerce


Insurance brokers certify the rate of premiums of insurance I. 79 Premiums of insurance on the outfits and equipment which are among the number of privileged debts

II. 191, 192 Proportionate rate by which may be fixed the premium of reinsurance

$42 By whom the increase of premium, in case of war, is fixed

343 Case in which the premium is due to the insurer

351 Reduction of the premium in certain cases

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

368 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

Privilege of the captain, and circumstances in which the mariners

have a lien on the goods saved
No privilege can be acquired on the property of an insolvent
within ten days next preceding his failure

III. General privilege of the creditors on all the estate of an in

To be made on the judicial sale o‘ships and vessels

II. 202
What they must announce
Bids received after each proclamation

205 The final sale after the third

See Seizure.
A commanditary partner, even in virtue oʻa procuration, cannot

transact any business on account of the partnership f. 27, 28 Case in which an endorsement is only a procuration

138 PROMISSORY NOTES, Provisions in regard to them

I. 187 Form in which they should be made

188 Cases in which they are subject to the jurisdiction of the civil tri bunals, or the tribunals of commerce

IV. 636, 637


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