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
