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59. The several species
of complex masses
of property subject to division
are here enumerated
for the purpose of
determining to what judicatory
the suit shall
belong. Reference to
article 111 of the Code
Civil.
60. Demands for cost
belongs to the judicatory
under which the money
has been spent.
61. Heads under which
the matter of citation
must be arranged, on
pain of nullity.
63. Day for delivery
of summons, no fěte day
without president's
permission.
64. Details where
the suit regards a
spot, on pain of nullity.
65. Further information:
mention of proceeding
or non proceeding
at the Conciliation
Court: on pain
of nullity: item evidence
on which the demand
is grounded.
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66. Provision against
connection between huissier
and pursuer or
defendant.
67. Obligation on huissier
to make entry
of the cost of his
operation: penalty 5
francs, payable on
enregistrement .
68. Provision for the
huissier conveying
the instrument to the
knowledge of the party.
Relations neighbours
&c. enquired of.
69. Persons to whom
notice is to be conveyed
where the Etat is
the party. So of other
bodies more or less
public and private.
So, parties living in
French dominions, out
of France, and d o . in
Foreign Dominions.
70. All on pain of nullity.
71. Huissier if the nullity
is his fault, pays
costs and even damages.
72. Interval of notice
(huitaine) i.e. a week
in France: power to President
to abridge
it.
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73. More fixed
terms for different
distances, maximum
a year.
74. Assignation given
to a person in France
domicilated elsewhere
gives but the ordinary
interval, enlargeable
if need be.
Tit. 3
Constitution d'Avon
és et defenses.
75. Within the interval
obligation an defendeur
to constitute
au avoué ; notice of it
must be given by an
instrument, communicated
by avoué to avoué
Avoué not revocable
without constituting
another; till
then proceedings applying
to the revokee
avoué valid. See
Art. 149 & 150.
76. Provision for securing
constitution
avoué , where the
acte is a bref delai
77. Fixed term for
defender to signify
his defence. 15 days.
78. Other fixed term
for demanders reply
8 days.
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59. It now appears
that this concerns the
fixation of the judicatory.
Des ajournmens ,
means or includes
to what judicatory
of the class in question
the suit belongs.
61. Nullity needless
and mischievous: questions
two: has the information
been sufficient
or not? If not, on whom
the blame? On
him lay the burden.
These matters should
be settled by pursuer
before the Judge to
whom he goes: namely
by his own or another
if more convenient.
63. Arbitrary
power conferred: bigotry
the cloak for it
fostered.
64. Nullity excepted
all this is better than
anglice : information
abundantly
more instructive.
73. Intervals of notice
fixed.
74. Assignation , synonym
to adjournment
and citation .
75. Thus it appears
that no suit within
judicatory can be
commenced but by an avoué
Identifier: | JB/031/235/001 "JB/" can not be assigned to a declared number type with value 31.
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rudiments sheet (brouillon) |
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richard doane |
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9921 |
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