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1783-10-17

DECREE of the Conseil of Port-au-Prince, which sentences a woman guilty of stellionate, with imprisonment as the means of enforcement

Haitian

ADELAIDE Fanotte sells to the Sieur Marcel, as belonging to her, a négresse of her son, of whom she is guardian, and he sells her to a Sieur Gosse. Shortly afterward Adelaïde claims this négresse as Guardian. Gosse seeks warranty against Marcel, and Marcel seeks counter warranty against Adelaïde. The mother’s conduct led the Ministère Public to call a meeting of Relatives, at which she was stripped of the guardianship, which was conferred on one Moulins. The suit was resumed by this new Guardian; the Sentence of the Juge of Jacmel of 13 December 1781 declared the Sale of the négresse null and adjudged the warranty of Gosse against Marcel, but dismissed the latter from his counter warranty against the mother. The Decree amends this sentence on the head that dismisses Marcel; and in conformity with the conclusions of M. Bourcel, Substitut, acting as Procureur-Général, sentences Adelaïde, by imprisonment, to warrant and indemnify her buyer.

Source  ·  p. act 06:319 Médéric Louis Élie Moreau de Saint-Méry, Loix et constitutions des colonies françoises de l'Amérique sous le Vent (Vol. 6) (1784-1790), p. act 06:319