Page:The Green Bag (1889–1914), Volume 22.pdf/654

 The Green Bag

622 [We attest, etc.

Notices given, "heard,"

and signed by all parties]

The appraisers’ report being thus rendered, the plaintiff presented his formal petition reciting that fact, and

This closed the record of the judg ment, which was formally declared to have “caused execution” or become executive, and left nothing but to proceed to the execution of the lands, tenements and hereditaments of the defendant corporation. Instead of being

asking that the debtor be notiﬁed to comply with the ﬁnal judgment of the

court and pay the judgment within three days, in conformity with article

745 of the Code of Civil Procedure. This

of a judicial character under the civil

being notiﬁed to the defendant, it ﬁled its reply, asking that the term of three days be taken as waived by it on account of the impossibility of com pliance, decree to which effect the judge

law.

thereupon rendered. The plaintiff then

simply an executive act, as with us, this proceeding partakes rather more The ﬁrst step on the part of the

plaintiff was a written petition ad dressed to the judge, in the usual form, reciting the recovery of the judgment

and that it has been declared subject to execution. Wherefore in order to ask its execution, it is necessary that the attached property of the said company be ﬁrst appraised, therefore in compliance with article 1410 of the Code of Commerce, I appoint on my part Mr. A. B. as expert appraiser. and beg that he be notiﬁed of his appointment so that he may accept it and take oath to faithfully discharge

presented his petition reciting this waiver of time in accordance with article 747 of the Code of Civil Pro cedure and 1411 of the Code of Com merce, and prayed that the court accordingly proceed forthwith to the sale of the attached property, ﬁrst making the certiﬁcate required by

article 818 of the ﬁrst cited code. This article of the code requires that before sale under execution is ordered a certiﬁcate of the officer in charge of the

the same; and that the defendant be notiﬁed

Public Registry of Property be pre

to appoint its appraiser, and if there be any disagreement between them, that the court

sented to the judge showing the state

of incumbrances, if any, on the property

appoint a third. What I ask is justice, which I protest.

Thereupon the order is made, the notices given, the plaintiff's appraiser accepts, the defendant proceeds to appoint its appraiser; and the ap praisers, being personally familiar with

all the properties,— Respectfully appear and say: that complying with our duty as expert appraisers appointed to value the attached properties of the V. G. Copper Co., with which properties we are personally familiar, we proceed to appraise them as follows [here following itemized valuations

of

mines,

buildings,

personal

property, etc. ], all in the value of S. . . . . . . . . . and we make oath to having proceeded in good faith according to our best knowledge and understanding.

for twenty years back or that there are no such incumbrances. This certiﬁcate being presented, the court decreed :— In view of the foregoing petition, and it appearing from the annexed certiﬁcate of the ofﬁcer in charge of the Public Registry of Property that there are no incumbrances on the attached property except the attachment in favor of the creditor in the present action, it is therefore decreed, as prayed by Mr. Wheless, that the sale of the attached property proceed, the same to be held in the oﬂice of this court, on the ninth lawful day after the last publication of the ﬁrst auction, at 10

o'clock in the morning; the sale to be an nounced by means of edicts published three consecutive times in the official paper La Constitucidn and in El Occidental, which are published in this city; the basis of the sale

being the sum of S. . . . . . . . . . .., equal to