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Adjudicataire agreement alleged assumpsit Atkinson authorise averment avoit bill of sale blacksmith Blackwood bound to answer Bowen brevet Brigantine cause of action claration Code Civile concerning commercial matters contended contract Court Court of Vice-Admiralty Curiam declaration defendant Defense au fonds delivered dismissed Dunn exception peremptoire execution fendant Fieri Facias filed Fins fonds en fait Forbes ground or fonds highest bidder hull intervg issue judgment Juges Consuls Juges et Consuls jurisdiction Jury L. C. Denizart last and highest law of Canada law of France Lower Canada marchands Meiklejohn mercantile nature merchants Notary nulla bona Oakley opposition Ordinance parties peremptoire en droit Pigeau plaintiff plaintiff's demande pleading Pothier Pozer premisses proc/der Prov qu'il Quebec Repertoire Rules and Orders rules of evidence setforth Sewell Sheriff shew ship sold and adjudged Statute suit tender tiff tion trader Verbo verdict vessel vingt cinq writ
Page 12 - In proof of all facts concerning commercial matters, recourse shall be had, in all the courts of civil jurisdiction in this province, to the rules of evidence laid down by the laws of England.
Page 9 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 9 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 4 - Pleas, grounded on debts, promises, contracts and agreements of a mercantile nature only, between Merchant and Merchant, and Trader and Trader, so reputed and understood, according to law, and also of personal wrongs, proper to be compensated in damages, may, at the option and choice of either party, have and obtain the trial and verdict of a Jury, as well for the assessment of damages on personal wrongs committed, as the determination of matters of fact in any such cause.
Page 42 - The matters which constitute the demande and the defense, in any case, are respectively setforth in the pleadings of the parties, which vary, according to the grounds upon which they are made, and the objects they are designed to attain. Pleading, therefore is the statement of the facts which constitute the plaintiffs cause of action, or the defendant,s ground of defence, exhibited in writing in technical form.
Page 10 - Canadians or new Subjects; the Jury shall be composed of an equal number of each, if such be required by either of the Parties in any of the above mentioned Instances.
Page 75 - Form hereinafter expressed, and shall be signed by the Person or Persons transferring the Property of the said Ship or Vessel by Sale or Contract, or Agreement for Sale...
Page 29 - ... out-houses, with two bearing orchards on the premises aforesaid. Now this is to give notice, that the houseing, mills, lands, &c. will be exposed to sale, by way of publick vendue, on Monday the twenty-third day of April next; on the premises aforesaid, between the hours of twelve and five in the afternoon, at which time and place the conditions of sale will be made known, by me JOHN TAYLOR, Sheriff.
Page 44 - ... still what is omitted in the conclusions cannot be supplied by the court, not even if it appears in substance in the body, or libel, of the pleading, (m) The declaration is the first pleading in every case.
Page 47 - That by reason of some matter, which he (the defendant) alleges and sets forth, " The court by law cannot proceed in the cause, nor compel him to '• answer in any manner unto the demands, nor in any way take cognizance " of the action of the plaintiff, if any he hath, &c.