FREE BOOKS

Author's List




PREV.   NEXT  
|<   219   220   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243  
244   245   246   247   248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   >>  
he bankrupt were well-known, who would know how to reconcile the interests of the whole body of creditors with those of a man honorably overtaken by misfortune. For some years past the best judges have sought the advice of the solicitors in this matter for the purpose of not taking it, endeavoring to appoint some other agent _quasi_ virtuous. During this act of the drama the creditors, real or pretended, come forward to select the provisional assignees, who are often, as we have said, the final ones. In this electoral assembly all creditors have the right to vote, whether the sum owing to them is fifty sous, or fifty thousand francs. This assembly, in which are found pretended creditors introduced by the bankrupt,--the only electors who never fail to come to the meeting,--proposes the whole body of creditors as candidates from among whom the commissioner, a president without power, is supposed to select the assignees. Thus it happens that the judge almost always appoints as assignees those creditors whom it suits the bankrupt to have,--another abuse which makes the catastrophe of bankruptcy one of the most burlesque dramas to which justice ever lent her name. The honorable bankrupt overtaken by misfortune is then master of the situation, and proceeds to legalize the theft he premeditated. As a rule, the petty trades of Paris are guiltless in this respect. When a shopkeeper gets as far as making an assignment, the worthy man has usually sold his wife's shawl, pawned his plate, left no stone unturned, and succumbs at last with empty hands, ruined, and without enough money to pay his attorney, who in consequence cares little for him. The law requires that the _concordat_, at which is granted the bankrupt's certificate that remits to the merchant a portion of his debt, and restores to him the right of managing his affairs, shall be attended by a majority of the creditors, and also that they shall represent a certain proportion of the debt. This important action brings out much clever diplomacy, on the part of the bankrupt, his assignees, and his solicitor, among the contending interests which cross and jostle each other. A usual and very common manoeuvre is to offer to that section of the creditors who make up in number and amount the majority required by law certain premiums, which the debtor consents to pay over and above the dividend publicly agreed upon. This monstrous fraud is without remedy. The thirty commercial c
PREV.   NEXT  
|<   219   220   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243  
244   245   246   247   248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   >>  



Top keywords:

creditors

 

bankrupt

 

assignees

 

select

 

assembly

 

misfortune

 

overtaken

 

majority

 

pretended

 

interests


consequence

 

certificate

 

portion

 
remits
 

merchant

 

granted

 
requires
 
concordat
 

worthy

 

assignment


shopkeeper

 

making

 
pawned
 

ruined

 

succumbs

 

restores

 

unturned

 

attorney

 

required

 

amount


premiums

 

debtor

 

consents

 

number

 

manoeuvre

 

section

 

remedy

 

thirty

 

commercial

 

monstrous


dividend

 

publicly

 

agreed

 
common
 

important

 

proportion

 

action

 

brings

 
represent
 
affairs