"Â'rt. Ï56. Whenever any person spreads any false or scandalous rumours, tend-ing to injure and defame the reputation of another, or maliciously gives out any reports of a pretended claim ùs demand, to the injury, prejudice, or impeachment of ! another's lawful right, the party aggrieved may prefer his complaint by petition, stating the particular injury charged to be done to him, and praying a writ against the Defendant, requiring his appearance before the Court, to answer the complaint, in a short period of time, to be limited for that purpose ; or otherwise commanding him |o desist from farther circulating such scandalous or injurious reports, on pain of his alledged claims and pretences being afterwards disregarded and considered of no avail, and of ïiaving a perpetuù m, silentium decreed against him by the Court.
Of the Beneficium Inventarii.
Art. 157. în the case of Estates of deceased persons, where the Heirs or Successors of the deceased, have reason to apprehend the estate to be insolvent, and inadequate to the payment of all the debts left owing by the deceased and chargeable thereon j they are at liberty, within six weeks after the death of such insolvent, (or in case they should have neglected it in that time, then upon their obtaining^relief against such omission,) tù apply to Government, to obtain patent
letters, for the granting of the Beneficium Inventarii, to be referred forexamina-tion and discussion, between the parties concerned, to the proper Court of Justice,
in whose jurisdiction, the inheritance or estate is situated.
Art. 158: The Beneficium Inventarii baying thus been obtained and ref rred
to the Court, the tipstaff shall, by authority of the Court, at a certain day, hour,and place, summon all the creditors of the deceased, who may be resident on the
spot, as well as those who may be absent, together with all other parsons who may
be desirous of disputing the Beneficium Inventarii, or who claim to have any
in-terest in the estate, as creditors by mortgage, devisees, le.gate.3S, &c. by Citation
and Notice, to be publicly giïea, requiring all such to give their attendance at thetaking of an inventory and appraisement of the estate, and also-at the acceptance
of security, for the care a>ad management thereof/ and the appointment (if it should
be deemed necessary), of a person specially to act as receiver and manager of the
estate, until further order ; and for the purpose also, (after the inventory, &c. has
been made) of appearing on some future day, to be fixed by the Court, then to hear
the patent letters granting the Beneficium Inventarii read and confirmed in Court ;
and if they have any objections to make,.to state the reasons and grounds thereof
before the Court :«*-at the same time giving the parties to understand, that the
109
Court will proceed in the adjustment and determination of these matters positif eîys
^aether they attend or not.
Art. 159. After the inventory shall have heers made out by the tipstaff, in the Presence of the Register of the Court, a t t h e indication of the petitioning heirs, &c„
aQd the appraisement as well as the necessary securities taken; the petitioners, shall,'
°D the appointed day, exhibit into the Court, the letters patent, granting the Be-neficium Iuventàrti, together with the aforesaid inventory of .the estate, and al!
8cts and documents thereunto appertaining, and then and there pray, that the same
ay be confirmed and allowed to them ; and thé Opposite parties shall be at liberty they think fît, to litigate the matter and object thereto, as in other cases,
ae-^Ordipff to the common course Of the C o u r t
Of the Beneficium Rescripti Moratorii.
Art. 160. When a person through misfortune and disappointments, in life, has earned great and heavy pecuniary losses, which render him incapsbieof satisfying
18 debts within any short or limited time, he may Petition the Government, for
let-ers in order to his obtaining the Beneficium Rcßcripii Moratorii, to b'etransmitted
stheproper Court of Justice, where the matter is cognizable^ Empowering and re-firing them, on a certain day, to summon all the creditors of such person to
ap-^ar before the Court, to shew cause why a reasonable time should not be granted
0 the petitioning debtor, for the payment of his debts, on giving, sufficient
se-Urity for that purpose, or in case of their objecting thereto^ that the Court mi^ht
^ke such order or decree, as may be j u s t and equitable.
Art. 181. On which day, .the Petitioner shall produce sufficient and solvent
pet-^n$, to eater into the required security, on penalty of'being deprived of t h e b e a e
-1 of the above provision, and moreover being liable to pay the costs of the pro-d pro-d i n g .
Art. 162. In case any objections should be made, by the creditors or any of
"pm, as to the solvency or sufficiency of the sureties offered, that matter shall be
r°ught on to be discussed before the Court, at intervals, from eight days to eight
Art. 163. But in the discussion and decision of the principal question, as to 'e allowance or denial of the Beneficium Rescripti Moratorii, the same roocfe
ftp '
proceeding shall obtain, as in other matters.
Of the Beneficium Cessionîs.
Art. lo4. Whenever the affairs or circumstances of an individual, are so embar«
Ssed by misfortune o? other inevitable cause, as to reader him uaable to gsti
'ere t o
the demands of his creditors, WIÏO refuse to grant him time 'for the liquidation of his debts, so that he is apprehensive of being arrested and confined in-Goat ;—to ob*
viate which, such person shall be at liberty, to petition the Government, for lettef%
towards his obtaining trie Beneficiurn.CsssÏBnïs, stating in his petition the name' 'lient, o and places of residence of his principal Creditors, to be referred to the propef ' Court, for the purpose ©f confirmation and being proceeded upon, in the usu»»
manner.
Art. 155. After the issuing of the tjbove letters, the Petitioning Bankrupt shall exhibit the same to the Court, with a true and correct schedule of all his proper' ty, real and personil, including all debts, demands, credits and rights, belonging to him, with the particulars thereof, and stating whether any and what part of hi' property, is subject to mortgage or other claims, the dates of the securities and ob-ligations passed by him to his'Creditors, truly, specifically and distinctly ; whicfl schedule he shall be required to verify upon oath, in Court. Hè shall moreover be bound "to «ive the Court, a circumstantial and true account of the misfortune' and fatalities stated by him to have occasioned his inability to pay his debts, and, which induced his application 'for relief. And after he shall have signed and du-ly verified the above affidavit, schedule, &c. ( b u t not. before) a writ or proces'
*J ' . . . ' • f
shall be issued ajrainst all the Creditors of the Petitioner, to be served on such 'o*
'diem as may be resident in the Island, with a clause of citation and notice, to those who may be living abroad, or whose names may not have been ascertained.
Art. 168. To such of the Creditors as may desire it, copies shall be furnished ( at their costs, ) of the above-mentioned affidavits, schedules, &c. together ' wit&, the Writ of process before-mentioned.
Art. 167. And such writ shall contain,a clause, requiring and giving. noiisä
to Creditors, to attend the appoiutment of a person as Commissioner, to take charge of, and provisionally to manage the Bankrupt's estate for their benefit, under thé order of the Court.
Art. 168. Ou the day of the return of the aforesaid writ, the Petitioner sha»
attend in person in Court, and in case on examination of his schedule and affid9' vit, &c any concealment or fraud be detected by the Creditors, he shall be pro
ceeded against, and dealt with according to law-.
Art. 169. On the appearance of fraud, the Creditors shall be at liberty to rn<JV|
thai the Petitioner be held in close custody, pro tempore; when a summary >
quiry and examination shall be made in consequence, in Court ; and in case oft
M co teatic
Art.
«St!)
motion'of the Creditors being allowed, the Petitioner shall be committed to Gôah
*eq«iri
of
I 1 ï
We to remain, till after ^ q u e s t i o n of allowing, or disallowing, the Beneficium, b* ^sionis is determined.
Art. 170. Should however the Creditors not inrist, upon the Petitioner's commit-k t , or the.Court not thincommit-k it proper to allow their request, by ordering him im-kiatelvinto conûneraent ; the further proceedings in the case shall be continued
^ carried on in Court in the usual manner, and on the day of pronouncing Wgmeut, the Petitioner shall be required to attend in person, in order that if the
^eficium Cessionis be disallowed by the Court, after examination and discus-P» hè may be then committed to close confinement.
Of. Evocation,
Art 171. Whenever justice is denied to, or withheld from a party, or a suit is Necessarily retarded in an inferiof C o u r t ; and generally, whenever causes exist
for suspecting the impartiality of an inferior Judge, in-his proceedings, the person Pelina- himself thereby aggrieved, may immediately apply himself by Petition to
tt,e Supreme Court of Justice at Batavia, praying by way of evocation, that notice,
îr'<3 cognizance may be taken thereof, according to law and the established ro-t a ro-t i o n s . '
Art. 172. Previous to any final order being made, the Court shall cause no«
^ s t o b s ^ i v e n to the inferior Judge, against whose acts the complaint is made, Quiring him either to" terminate the proceeding depending before him, or to W m i U h e record for determination to the Supreme Court ; - o r otherwise, that he
^auswerthe matter of the Petitioner's complaint, for the information of the Caurt i n writing, stating the reasens which induce him to decline compliance with
*>ch requisition.
Art. 173. Should the inferior'Judge omit to perform any of the above-men-fed requisites, the Petitioner may prefer another Petition to the Court, stating
'W disposition shewn by such inferior J u d g e , towards the former order of the
Co«rt, as well as any other material facts which may have occurred ; and praying all ifl Consequence, that the Court may be pleased to grant to him a Writ of
Evoca-V Whereupoa the Court, after consideration of the circumstances, and if
t!>cre appears sufficient grounds therefor, shall issue a Mandamus of Evocation, h which the inferior J u d g e shall be directed, without delay, to transmit to the R e -n t e r of the Court, the papers a-nd proceedi-ngs relative to the suit or -matter i-n Gestion, and a day shall be appointed, b;>ih for the inferior J u d g e and the parties d e e m e d to attend the decision of the matter by the Court, and further to ob-;
tbs ' ..." . "_. '
Serve such proceedings thereon, as the law directs, ab
Art. 174. ïn case the inferior J u d g e complained against, should make a âïM\
fall, and positive denial, of all the charges contained in the Petition of the Cofflp'*"
ant, and the Court is satisfied that the same were without foundation, the 'proceed iflgs of the interior J u d g e shall be confirmed, with authority to continue th3 P1""' cess as before, arsd terminate the cause or matter m question without delay;3
the Petitioner shall be condemned, to.pay all the costs occasioned by his compl»'1* Art. 175! B u t if on the contrary upon due investigation, it shall appear t o * Court that the complaint of the Petitioner is well founded, the Supreme Coai
shall order the proceedings to be carried on before it, and hear and determine &
cause, beginning at the'part. where the inferior J u d g e left off;
Of Appeals.
&tt. Ï7B. Whenever any pefsOn deems himself aggrieved by the ludgrnent, # crée, or sentence of an,inferior Court, from which he is desirous of appealing:-^
order to qualify himself thereto, he shall w i t h h ten days after such judgment, $
•fence or decree, sue 0:2t a Mandamus of Appeal, or enter notice of his intend to appeal within that period of time; aftefwards: within twenty days, or within thi days including the first mentioned ten days, and the date of the judgment, $•
he shall apply to the superior Court for a Mandamus of Appeal, with a clause*
Inhibition, so that the day of the hearing of the Appeal may be comprehend*!
within the aforesaid period of thirty clays, 00 pain iu case of default herein ' forfeiting his right:of Appeal, which in that case will be liable to be take?. 3i!' considered as desert.
/ Art. 177. In cases, however, 0? Appeals from judgments, &c. of the Courts of J"*1
luceat Samarangand Sourabaya, respectively, ,or pi: i within-the Island'*
Java, but nevertheless dependant thereon, and annexed to its jurisdiction, it is to"
understood, that although a party is in general req uired to give notice of his intettt<3 to appeal withia ten days after the date of the judgment, &c. of the inferior Co"
thé remaining twenty days allowed for the bringing on and prosecution of the »P' peal, in such cases, shall be only computed from the date of the receipt and e"^
of the appeal in the office of the Register of the Supreme Court.
Art'. 178. Should oae or ether of thé abovementioned periods, either for P ing notice of, or suing out the appeal, be suffered- by a party to elapse, * :i afterwards .wishing £0 be admitted to appeal, must in his petition pray be Believed against his omission, before. he can pre therein; in default1 which the apposite party^may, on his side, upon the heating of the .petition, jeel thei pray that the same may be altogether dismissed ; :>r if he ib"'
the forfeiture of the right of appeal, and pray the Court to Pr
13
perior Court, ia favor of the appellant.
,r. fó In case any question or doubts «hoold arise in the superior Court, , , * nf inhibition, to prohibit the execution of the j u d g
Art 13^ I n all the aforementioned cases, the petitioner shall be requi.ed
t o subjoin to h i , petition, the j u ä g n Ä sentence or decree of the infenor Court,
^ i c h h e J d e s i r o u s of appealing and if the same be refused to hun by
4he Inferior râ* the Superior Court , a y iatrod.ee in the * * a ^ 1 e l a ^ requiring him to supply the same,
", aV' \-^ lî and application of a party to appeal, Art 183 Upon the first notice oi, and appi
A - F , t.-,-, i « . f l in the. cause, .shall be arranged m Court ia question, or at least for au immediate aad perempt ;
fnjitter of the Jrt'hibîiijiî", mû the Respondent shaft ba moreover at liberty to a-vail himself of any legai pleas of Homologätion^ot <Äcquiescsnce of his Antago-nist in the aforesaid judgment, &c. or of Causes non Appdlabilis ; all which points shall be mutually discussed by the parties, and determined by the Court 'de plano without delay.
Art, 183. After the determination of the aforesaid points, the Respondent may further in-the course of the appeal, be at liberty, if he thinks fit, by Way of
re-donvention or cross-suit, bring forward his complaint o r 'a c t i o n for damages a minima against the Appellant, subjoining thereto his plea or answer to the origi-nal action of appeal, which being done, both the Appellant and Respondent, shall observe such further formsvand modes of proceeding in the course of the prosecu-tion of the appeal> as are usual and ordinary.
Of Contempts.
Art. 185. Whenever the J u d g e of an inferior Court* whose judsiîieni, sentence or decree, has been appealed from,—or if the Respondent, after appeal, presumes to do an act, with a view to obstruct its p r o g - ^ s , and d prive the Appellant of the benefit thereof, either before or after Inhibition granted by the Superior Court, and previous to hearing the appeal, in contempt thereof, aod to the private injury and prejudice of the Appellant; he shall-be at liberty, on the day of the return of the W r i t or Mandamus of Appeal, t e s t a t e such circumstances, and insist on being allowed reparation for the injury; and in case such acts are attempted to be done after the return of the said Writ, or pending the hearing of the Appeal feftfre the appellate Court, the Appellant may by mere motion in Judicio, insist on immediate satisfaction—l>ut in case any »uch attempts should be made previ-ous to the return of the W r i t , and from the nature of the injury, the Appellant
deems himself urgently compelled, to make immediate application for redress, to the Court, without waiting for the return day, -by issuing a further Mandamus
or Writ,* to have compensation made him by his Aggressors, by the payment of all costs and damages incurred : or if the Appellant is apprehensive of the further perseverance of his adversaries in such conduct, he may pray the Court to annex to the Mandamus or last mentioned W r i t , z penal clause/
to be eventually put in execution, according to circumstances. <
Of Anticipation.
Art. 187. Where a p a r t y who has obtained judgment, decree, or sentence in an inferior Court, has information, that his adversary intends to appeal, and that he has entered the usual notice of his intention so to do, and feeling desirous for the m e of his own interest, that his rights should be speedily and without further
I l l
delay brought to an issue, and anally determined by the C o u r t ; he may not its that case wait for the expiration of the whole period allowed in ordinary cases for the prosecution of appeals, but will be allowed to prefer his applications im-mediately to the Court, for a Mandamits of Anticipation, commanding his adver-sary to appear on a certain early day, to be for that purpose fixed, in order that he may then, if he thinks himself injured, state hts complaint, and bring forward his objections to such judgment, &c. if any he has, on paid/ in case of his default herein, that the appeal shall be forfeited and declared Desert,—'And in this case, the Appellant, after being condemned as to the matter of the above-mentioned pe-tition, shall, without a Writ of Appeal, on the day so appointed, immediately be obliged to proceed with his cause,- and make good his appeal, previously deposit-»
ing the usual Fine of Appeal*
Of Desertion;
Art. 1 8 8 . ' W h e r e an unsuccessful party in a suit before an inferior Court, has entered the usual notice of his intention to appeal from the judgment, decree, or sentence given agiinst him, but without prosecuting the same, the triumphant party, in whose favor the same was given, shall be at liberty to take out a Writ of Desertion, in order that he may obtain the benefit of the judgment of the su-perior Court, declaring the appeal Desert, with leave to put the judgment, &c.
obtained into execution, for the sake of obtaining the effect thereof; and in all
obtained into execution, for the sake of obtaining the effect thereof; and in all