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PROOF,

Book Art.

I. 41

49. 109

By parol testimony, is not admitted in respect to partnership
transactions, when the amount in question is less than a
hundred and fifty francs

Cases in which parol testimony is admitted

PROSECUTORS,

Imperial. Cases in which they must interpose an appeal from
the judgments of the tribunals of correctional police
They must, as well as their deputies, ex officio, prosecute all cases
of fraudulent bankruptcy before the courts of criminal ju-
dicature

Their functions in respect to demands of restoration

PROTEST,

As an evidence of non-acceptance of a bill of exchange
What are the obligations of the drawer and endorsers when noti-
fied of a protest for non-acceptance

Act of protestation in the case of refusal of payment of a bill of
exchange lost

Protest for non-payment

By whom, where made, and the formalities to be obser ved

III. 591

595 609

I. 119

120

158

162

173, 174, 175, 176

The return-account must be accompanied with the protest PROVISION.

181

By whom made to meet the payment of a bill of exchange
In what cases provision is considered as made
Effects of acceptance in regard to provision

115

116

117

PUBLIC EXCHANGE,

Definition of

Negotiations and transactions which take place there

No merchant who has failed in business can show himself on the
exchange until he has paid the full amount of his debts,
and been restored to his former rights according to
law

71

721

III. 614

R.

RANSOM,

Cases in which seamen taken on board a ship and carried into slavery are entitled to be ransomed

II. 266

Mode of payment of freight in case of the ransom of goods
How the contribution is made for the ransom

The same provision in regard to the officers and other persons of the ship's company

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Merchants must keep one for the transcription of their letters
Special register for the annual inventory

8

9

Transport bills must be copied in a register
Particular register for the transcription of protests
Register or journal which a master of a ship must keep
Attestation of this register on his arrival

102

176

II. 242

224

The seals must be affixed on the registers of an insolvent

III. 451

Book Art.

III. 611

REGISTER (Continued.)
Decrees of restoration in cases of insolvency must be transcribed
on the registers of the tribunal of the district and of com-

merce

REINSURANCE,

The insurer may cause reinsurance to be made on goods which he
has insured

II. $42

REMITTANCES,

Of commercial securities may be stopped in transitu in certain

cases

Of money from place to place are reputed commercial acts

III. 583 IV. 632

II. 350

REPRISALS,

The losses and damages resulting therefrom, by whom borne

RESPONSIBILITY,

Of a notary for the non-observance of the formalities required by
law in relation to marriage contracts

Of the owner of a ship

Of the captain in certain cases

RESTORATION

I. 68 II 216

221, 222. 228

Insolvents legally restored to their former rights and privileges may
be exchange-agents and brokers

I. 83

By the confirmation of the concordate the insolvent is declared ex-
cusable and susceptible of restoration

III. 526

When there is a union of the creditors, the tribunal decides the
question

531

To what court ought the insolvent to address his petition for res
toration

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In case of rejection the demand cannot again be repeated
Public reading of the decree in favour of restoration
Persons who are not admitted to restoration

610

611

612

Cases in which persons charged with simple bankruptcy may ob-
tain it

613

No merchant who has failed can show himself on the exchange till
he has obtained it

614

RETURN ACCOUNT,

Of the charges of protests, re-exchange, &c. of a bill of exchange
There cannot be several on the same bill of exchange

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Are liable for the performance of charter-parties, &c.
Are subject to the lien of respondentia loans

280

320

RISKS,

Their duration in regard to bottomry and respondentia bonds on

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RUNNING FOUL,

Book Art.

11. 350. 407

Regulations declaring by whom the damage occasioned by ves-.. sels running foul of each other, shall be borne

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Granted to an insolvent after the affixion of the seals

May be demanded of the tribunal of commerce by the insolvent
himself

III. 466

467

The agents call in the insolvent after he has obtained a safeconduct 468 Case in which it cannot be granted

490

After it is obtained the provisional assignees may employ the in-
solvent to assist them in adjusting the accounts
When the insolvent, being invested with a safeconduct, does not
appear in court, he is reputed a fraudulent bankrupt

493

573

SEALS,

Must be affixed as soon as the tribunal has cognizance of the failure

449

Public notoriety is sufficient to authorize the justice of the peace to affix the seals

450

Objects on which the seals may be affixed

451

In different domicils in cases of the failure of partnerships
Books and papers to be taken out

452

463

The seals are removed at the request of the provisional assignees 486, 487

SEAMEN,

The master has a right to select and hire the seamen
How the conditions of their engagement are proved

II. 223

250

Are paid the days' work during the time employed, and an indem-
nity when the voyage is broken up

252

Cases in which they have only a right to be paid for their day's work 253 No diminution of their wages takes place when the vessel is voluntarily discharged in a nearer place than that of her destination

When dismissed without a valid cause

256

How the indemnity is to be regulated according to the case of
rupture, delay, or prolongation of the voyage

257

When the ship and cargo are lost they cannot claim any wages
How paid when a part is saved

258

279

Their treatment, and pay, in case of sickness and death

262. 265

Their rights in case of captivity and made slaves

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For the payment of a bill lost

I. 120 151, 152

155

The ship and freight are specially bound for their wages

Their wages do not contribute to the ransom of goods captured

by the enemy

SECURITY,

For the drawer and endorsers of a bill of exchange

Extinction of the security after a certain time

By the master and crew of a ship given for debts contracted for the
voyage on which they are bound, exempts them from per-
sonal arrest

II. 231

346

III. 466 538

May be demanded in case of the failure of the insurer or insured
By an insolvent to obtain a safeconduct

In case of insolvency how admitted among the mass of debts

SEIZURE,

The personal property of the drawer, acceptor, and endorser of
a bill of exchange may be conservatively seized with per-
mission of the judge

I. 172

SEIZURE (Continued.)

Ships and vessels may be seized and sold by judicial authority
Previous order, and the particulars which the report of the

seizure ought to contain

Establishment of guards

Notification of the report and citation

Proclamations and publications required

Causes for which a vessel ready to sail, may be seized

SEPARATION OF PROPERTY,

Between Man and Wife How made

Book Art.

II. 197

198. 200

198. 200

201

202

215

Obligations of the parties, in case of separation, when married under the dotal regulation, and become merchants

SEQUESTRATION.

In what case may the sequestration of property transported be ordered

SHIPS AND VESSELS,

I. 65

69, 70

106

Are personal property

II. 190

Not liable to seizure when ready to sail except in a single case
What debts are privileged by a lien on them

215

191

194

195

In what circumstances they are presumed to have made a voyage
How a voluntary sale is effected

Formalities required in the seizure and sale of ships and vessels 197-209
Responsibility of the owners in relation to the acts of the master 216
The master must have the certificate of ownership on board
Expenses due on account of delay in the departure
Regulation respecting the freight in case it be necessary to make

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Expenses to be borne by him in case of interdiction of commerce before the departure of the vessel

276

Must furnish the master with acquittances or certificates from the custom-house within a certain period

282

Must indemnify the master in case of withdrawing his goods before the departure of the ship

291

Cases in which he may abandon the goods for the freight

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The abstract of the partnership agreement must contain the
designation of the partners authorized to sign for the part-
nership

Of what validity is the signature of a woman, married, or single,
not a sole trader, to a bill of exchange

I. 43

113

Proportion of signatures to commercial paper in circulation which subjects an insolvent debtor to the imputation of bankruptcy III. 586

STELLIONATE.

Persons guilty of stellionate cannot be admitted to the benefit of
an assignment nor to restoration

STOPPAGE IN TRANSITU,

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Book Art.

STOPPAGE IN TRANSITU--(Continued.).
Circumstances in which the assignees of an insolvent may retain
the goods stopped in transitu, and may themselves stop
remittances in commercial securities

STOPPAGE OF PAYMENT,

Must be made known by a declaration of the insolvent at the clerk's office within three days after his stoppage

STRANDING.

At whose charge are the losses and damages occasioned by stranding

When there has been a stranding with wreck, the subject insured may be abandoned

SUMMONS,

The certificate of protest should contain the summons to pay the amount of the bill

Sent to an insolvent to appear and adjust his book

III. 582

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I. 174
III. 468

502

The creditors are summoned to deliver their titles to the assignees or deposite them in the clerk's office

TACKLE.

TRADERS.

TRANSFER,

See Rigging and Apparel.

See Merchants.

How effected under a title or certificate to the bearer

Cases in which the endorsement of a bill of exchange does not effect the transfer

TRANSLATION.

Ship brokers and interpreters have solely the right to translate mercantile papers to be produced in the tribunals of com

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merce

80

TRANSPORT BILL,

Is evidence of a contract between the consignor and carrier
Its form and registry

101

102

TREASURER,

Appointed by the creditors to receive the money due to the estate of an insolvent

He must subscribe or endorse on the titles of the creditors the payments as dividends made to them

TRIBUNAL OF COMMERCE.

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See Assignees. Bankrupt. Insolvent. Master of Ships.

TRIBUNALS OF CORRECTIONAL POLICE,

Try persons charged with the misdemeanor of simple bankruptcy

According to the circumstances of the case, sentence to impri

630

651

639

sonment

III. 588

592

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