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116. Majority determines
the judgement: power
to withdraw for debate
and to adjourn.
117. Opinions more
than two, those in the
minority must join
one of the two first most
numerous sections.
118. In case of partagex
reference to 4 sorts of
persons, on default of
one another, with
fresh pleadings.
119. Appearance of
parties indicated,
day mentioned.
120. Serment ordered
mention is made of
the facts to be the
subjects of it.
121. Serment is to be
by swearer at the audience:
in case of empêchement,
power to
commission Judge to
receive it; he with
greffier to go to the
swearer. If too distant,
provision for
swearing him before
Court, in whose jurisdiction
he resides.
The other party must
be present or have
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121. received opportuity
by act from avoué to
avoué.
122. Courts giving delay,
specify the grounds.
123. Day reckons from
judgement, if contradictoine: & from day
of signification, if by
default.
124. Cases, in which
a debtor is not to have
delay, 5.
125. Acte conservatoire
valid notwithstanding
delay.
126. Power of employing
contrainte par
corps for securing execution:
in no others except
in particular
laws.
127. In cases in the
last article, power to
postpone the contrainte
for a fixed time: which
elapsed, execution
follows without
fresh judgement. This
respite not grantable
but by the judgement,
qui statuera sur la contestation.
128. Judgement giving
costs, shall contain
the amount liquidation
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128. or order that it
shall be made.
129. Provision for
compensation in
kind, of agricultural
produce.
130. Costs given against
every party qui succombera.
131. Costs at discretion
when parties are in
certain enumerated
relations. So if the
parties succombent
respectivement sur
quelques chefs.
132. Power of giving
costs & damages against
avoués, huissiers,
& treacherous
administrators: also
power of dislocation.
133. Preference to
avoués for their advances.
134. If the fond & the
provisoire come in competition, judgement
pronounced on
fond at once.
135. Cases in which
execution, sans caution,
shall have
place: case where
it has place with
or without caution.
1. sealing or unsealing,
making inventory
2. Urgent repairs
3. Expulsion where
no lease, or expired.
4. Sequestrators, Commissaires,
& guardians.
5. De receptions de
cautions et certificateurs.
6. Location of Tutors
curateurs et autres
administrateurs, et
de reddition decompte.
7. De pensions au provisions
alementaires.
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116. More indefinite
delay from multitude.
118. This must mean
equality.
119. Here then is a sort
of new trial.
125. What are these?
orders for prevention
of irreparable damage?
126. Compare this
with English law which
employs it in all cases.
139. Succombing
what? No regard to
boua & mala fides, or
to pecuniary circumstances.
Identifier: | JB/031/237/001 "JB/" can not be assigned to a declared number type with value 31.
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031 |
code civil |
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237 |
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001 |
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rudiments sheet (brouillon) |
1 |
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recto |
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richard doane |
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9923 |
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