Page:The Green Bag (1889–1914), Volume 22.pdf/650

 618

The Green Bag

all the entries being written one after the other in longhand writing by one of

the asistentes (there being no secretary and the two asistentes supplying his place), and each read to the judge and interested parties and signed by them, the next step is the process of citation

to the defendant to come in and recog nize its signatures; this too being written out, read over and signed as the rest. Hermosillo, December 12, 1908.

American gold; and they signed before the undersigned judge and the assisting witnesses. We attest. [Signed by Searcy, R. D. W., J. D. F. Aristenles; nibricas.]

The foregoing makes up the complete record of the preliminary proceeding to obtain the recognition of signatures; the documents so “recognized” becoming now commercial documents “bearing

preparatory execution,” upon which at any time suit may be instituted, and

The translation of the accompanying documents having been made, therefore in accordance with articles 325 of the Code of Civil Procedure in connection with 1167 of

issues as of course against the property of the defendant, a custodian is ap

that of

pointed to watch it, ﬁnal judgment is

Commerce, cite Messrs. J. D. F.,

as manager of the V. G. Copper Co., and R. D. W., as secretary and treasurer of the same corporation, for that on the third lawful day after being notiﬁed, or upon being notiﬁed, they recognize, in the character indicated and under the oath of law, the sig natures attached to the said notes, and also that they declare whether they acknowledge the indebtedness in the amounts expressed in each one of them, or altogether the sum of. . . thousand

dollars,

American

gold.

Let it be notiﬁed. So decreed and signed the Second Judge of First Instance. We attest. (Signed) Ricardo Searcy. [Asirtentes; nibri
 * 05.

And the notices:]' On the same date Mr. Joseph Wheless being notiﬁed, said: that he

hears it,

and signs.

We attest.

[Searcy. Asistentes; Wheless; nibricaa]

the process of attachment immediately

rendered in due time, execution follows

levied on the property attached, notice of sale published, and the property sold to satisfy the execution.

The only

features of these proceedings which differ materially from our own practice are the form of escn'to or petition, the form of the judgment, and the form of

bidding at the judicial sale. As these several matters afford some interesting comparisons, I shall brieﬂy sketch these several documents from the record before me, omitting details not perti nent to the study of the procedure. Immediately upon the recognition of

the signatures, I proceeded to ﬁle suit The "recognition of signatures" fol lows, ending this preliminary pro ceeding:—~ On the same date, being present in this court Messrs. J. D. F., as manager of the V. G. Copper Co., and R. D. W., as secretary and treasurer of the same corporation, and being notiﬁed of the foregoing auto, they said: that in order to avoid delays, and upon legal oath to say the truth, they recognize as signatures of the V. G. Copper Co. those attached to the notes which are exhibited to them, and also, in the name of the V. G.

Copper Co., which they represent and in the name of which they signed, that it owes the sum which each note expresses, or alto gether the sum of. . . thousand dollars,

for judgment

on the

notes,

having

prepared before leaving St. Louis the following :— PETITION FOR SUIT IN EXECUTIVE ACTION To the Second judge of First Insiance :— Joseph Wheless, in my own right, before you with all respect and in due form of law, say: that in accordance with the bases of fact and of law which I will proceed at once to set out, I come to sue in executive mer cantile action the V. G. Copper Co. for the sum

of. . . thousand

dollars,

American

gold. facts.- (1) [the facts of incorporation of the defendant corporation in Arizona for