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Code Henry

The first comprehensive legal code of the Kingdom of Haiti, promulgated by King Henry Christophe on February 20, 1812 — a sovereign act of juridical self-determination just eight years after the world's only successful slave revolution produced an independent nation. This digital edition presents the complete Code in 3,004 articles spanning 8 laws and 67 titres — from the Loi Civile's 1,535 articles on personhood, marriage, property, and succession, to the Loi sur la Procédure Criminelle's 421 articles on investigation, confrontation, and royal clemency. Every article has been hand-extracted from 19th-century OCR, corrected, translated into English, and annotated with plain-language life lessons and scholarly notes. Browse in French, English, or Kreyòl Ayisyen. 3,004 articles · 8 laws · 3 languages · 213 years restored

3,004 articles in the Code Henry

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298
Article 298 Law on Civil Procedure · Des Saisies-arrêts ou Oppositions
Civil Procedure
The garnishee shall be declared a simple debtor for the causes of the seizure if he has not made the declaration required by Articles 293,...
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The garnishee shall be declared a simple debtor for the causes of the seizure if he has not made the declaration required by Articles 293, 294, and 295.

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299
Article 299 Law on Civil Procedure · Des Saisies-arrêts ou Oppositions
Civil Procedure
Once the garnishment is declared valid, the sale proceeds; the distribution of the price is made in the manner prescribed in the title on Distribution...
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Once the garnishment is declared valid, the sale proceeds; the distribution of the price is made in the manner prescribed in the title on Distribution by Contribution.

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300
Article 300 Law on Civil Procedure · Des Saisies-arrêts ou Oppositions
Civil Procedure
The following may not be seized: 1. Things declared unseizable by law; 2. Maintenance allowances awarded by the court; 3. Sums and available objects declared...
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The following may not be seized: 1. Things declared unseizable by law; 2. Maintenance allowances awarded by the court; 3. Sums and available objects declared unseizable by the testator or donor; 4. Sums and pensions for maintenance, even if the will or donation did not declare them unseizable.

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301
Article 301 Law on Civil Procedure · Des Saisies-arrêts ou Oppositions
Civil Procedure
Maintenance allowances may nevertheless be seized, but only for maintenance debts, as may the items mentioned in numbers 3 and 4 of the preceding article,...
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Maintenance allowances may nevertheless be seized, but only for maintenance debts, as may the items mentioned in numbers 3 and 4 of the preceding article, by creditors whose claims arose after the donation or the opening of the legacy; and this by permission of the judge.

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302
Article 302 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
No writ of execution may proceed without having made, at least one day prior, a demand for payment to the person or at the domicile,...
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No writ of execution may proceed without having made, at least one day prior, a demand for payment to the person or at the domicile, containing notification of the title and election of domicile in the commune where the execution takes place.

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303
Article 303 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
In writs of execution, the bailiff is assisted by two witnesses, Haitian, of legal age, who may be neither his relatives nor those of the...
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In writs of execution, the bailiff is assisted by two witnesses, Haitian, of legal age, who may be neither his relatives nor those of the parties up to first cousin inclusive, nor their domestics. The witnesses' names, professions, and residences are stated in the report, and they sign the original and copies. The seizing party shall not attend the seizure.

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304
Article 304 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
The formalities of writs shall be observed in the execution reports; and if made at the debtor's domicile, they shall contain a repeated demand for...
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The formalities of writs shall be observed in the execution reports; and if made at the debtor's domicile, they shall contain a repeated demand for payment.

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305
Article 305 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
If the bailiff finds the doors closed or is refused entry, he shall immediately retire (after posting guards) before the parish lieutenant judge or other...
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If the bailiff finds the doors closed or is refused entry, he shall immediately retire (after posting guards) before the parish lieutenant judge or other police officers, so that the doors may be opened in their presence; locked furniture shall be opened as the seizure proceeds. A single report shall be drawn up by the bailiff, signed by the officer who attended.

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306
Article 306 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
The report shall contain a detailed description of the seized objects; money shall be counted; the type of coins described, and deposited by the bailiff...
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The report shall contain a detailed description of the seized objects; money shall be counted; the type of coins described, and deposited by the bailiff at the seneschal court clerk's office; unless the debtor, creditor, and opponents agree on a depositary.

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307
Article 307 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
The officer called for the opening shall seal any papers found in the rooms or furniture whose opening was refused in the debtor's absence.
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The officer called for the opening shall seal any papers found in the rooms or furniture whose opening was refused in the debtor's absence.

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308
Article 308 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
The following may not be seized: 1. Objects declared immovable by destination by law; 2. Objects necessary for the bedding of the debtor, their children...
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The following may not be seized: 1. Objects declared immovable by destination by law; 2. Objects necessary for the bedding of the debtor, their children living with them, as well as the clothing they are wearing; 3. Military equipment, according to regulations and rank.

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309
Article 309 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
The day on which the objects shall be sold shall be indicated in the seizure report.
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The day on which the objects shall be sold shall be indicated in the seizure report.

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310
Article 310 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
A custodian shall be appointed by the bailiff, if the debtor has not presented a solvent one who has voluntarily and immediately taken charge.
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A custodian shall be appointed by the bailiff, if the debtor has not presented a solvent one who has voluntarily and immediately taken charge.

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311
Article 311 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
In no case may the creditor, his spouse, relatives and in-laws up to first cousin inclusive, or his domestics, be appointed as custodian; but the...
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In no case may the creditor, his spouse, relatives and in-laws up to first cousin inclusive, or his domestics, be appointed as custodian; but the debtor, his spouse, relatives, in-laws, and domestics may be named custodian if both they and the creditor consent.

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312
Article 312 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
The report is signed by the custodian, original and copy, or note is made that he cannot sign; it is drawn up on site, and...
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The report is signed by the custodian, original and copy, or note is made that he cannot sign; it is drawn up on site, and a copy is left with the custodian, as well as with the debtor if made at his domicile and in his presence; but in case of absence, or if the seizure is made outside his domicile, a copy shall be served on him within twenty-four hours, plus one day per five leagues of distance.

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313
Article 313 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
The custodian is expressly forbidden from using the seized objects, renting or lending them, under penalty of forfeiting custodial fees and damages and interest to...
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The custodian is expressly forbidden from using the seized objects, renting or lending them, under penalty of forfeiting custodial fees and damages and interest to the parties.

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314
Article 314 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
If within two months after the seizure the objects have not been sold, the custodian may request his discharge; this request is brought against the...
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If within two months after the seizure the objects have not been sold, the custodian may request his discharge; this request is brought against the creditor and the debtor, by summons and summary hearing before the judge of the place of seizure; all claims the parties may raise shall likewise be decided.

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315
Article 315 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
The seneschal court of the place of seizure shall summarily hear the oppositions of those claiming ownership of the seized objects, who as such have...
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The seneschal court of the place of seizure shall summarily hear the oppositions of those claiming ownership of the seized objects, who as such have the right to oppose the sale; which they shall do by simple writ, served on the custodian, notified to the creditor and debtor, with a detailed summons and statement of proof of ownership, under penalty of nullity.

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316
Article 316 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
Oppositions by the debtor's creditors, even for rent, may only be made against the sale proceeds; they shall state the grounds for their claims; they...
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Oppositions by the debtor's creditors, even for rent, may only be made against the sale proceeds; they shall state the grounds for their claims; they shall be served on the creditor and the bailiff or other person conducting the sale, with election of domicile in the place of seizure; all under penalty of nullity.

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317
Article 317 Law on Civil Procedure · Des Saisies-exécutions
Civil Procedure
The sale may not take place until at least eight days after service of the seizure on the debtor.
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The sale may not take place until at least eight days after service of the seizure on the debtor.

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