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HISTORY OF A FRENCH LAWSUIT.

(From the European Times.) . In Paris a few days ago, Mdlle. Pallix,. who reminds one strongly of tk<r little old lady in “ Bleak House,” won a suit against the crown after pleading for thirty years. The French press seems greatly astonished that Mademoiselle, who has grown old in the courts, could not make good her claims in less time, and blames the law officers ; but, in point of fact, the Pallix affair was as complicated as any Chancery suit in thi3 country. It appears that in the year L 754 a certain Jean Quinettee de la . Hogue demanded the concession of somemarshes at Mont St. Michel, which were washed over by the sea. In spite of the , opposition of thp neighboring seigneursand the monks of the monastery, Quinette de la Hogue obtained what he asked for it was decided that the marshes belonged ’ to the king, and that the king could do ; what he hked with his own. This conces- ! sion was regarded as so shameful a piece , of favoritism on the part of Louis XV., that the Parliaments of Normandy refused to register the act; and at a later date 1 under the empire, Napoleon, on the advice i of the Council of State, issued a degree , cancelling the concession, “which had been illicitly obtained.” This imperial decision was, however, modified, and the heirs of Quinette de la Hogue- were al- ■ lowed to keep possession of a portion of * the marshes as a compensation for money expended. The gift was a fatal one, and r brought them ruinthey had to resist th^ - attacks of the seigneurs, the monks, and ■ the inhabitants 'of the neighboring; , parishes, and then there was a condition 3 to the concession--which stipulafed that . they Should a dyke and other 1 works. The Quinettes soon exhausted 1 their funds in struggling agianst the sea ■ ■ and the who are the mostlliti-;-i gious of human beings. 1793 the sur- - • j rounding parishes ■ invaded the marshes, and took forcible possession, and it was ’ only in 1803 that they were legally reinstated, when another condition was exact- } ed; they were to restore the course of the Couesnon, a dangerous river which falls into the bay of Mont Est. Michel. The Quinettes, having no money to ’ execute the necessary works, went to * Paris and sold a portion of their- property . to a M. Pallix and others, on very hard and extraordinary terms. Pallix was to ’ get 1000 acres for 4Q0,000f, but in part payment he was to give a clock, valued at 1 100,00 Of, which he might reclaim for t 80,000 f down. The Quinettes received. _ 300,000 f in ready money and the pura ohasers set out to yisit their ■ acquisition. When Pallix and his associates had ex- ® amined the property, they were so terrified 1 with the obstacles in the way of taking 1 possession, that they demanded the can- ] celling of the agreement. The Quinettes should have restored the 300,000 f, but * did not do so ; and, having failed to execute the conditions imposed on them, the s property, was declared to be forfeited to tho. Crown. There was, however, a clause, in. e favor of bona fide purchasers. Pallix immediately put iu his claim, which entitled* ® him to ciioose 1000 acres ; but the Crowne contested this right on the ground that he e bad no titles. In 1833, Pallix died, loaving to Mdlle. Flora Hyacinthe Pallix the venerable suit, which then, in the languageof the Palais de Justice, “ avail de la- ■- barbe,” having lasted for nearly a century, - and had in it many more years of vitality. a Aldlle. Pallix, whilst her father was alive, , taught the harp; but no sooner had she 9 inherited her j) voces than she devoted a herself to it exclusively. In 1834, the d Tribunal of the Seine recognised the right e of Pallix to the 1000 acres ; but when the 3 proper agent went to hand over possession, ’ they could not find the soiL claimed by j Mdlle. Pallix; whilst law proceedings a had been going on to the sea had covered y one portion of the debateable land and ,0 had receded from another. Instead o n 561 hectares the crown could only offer to ■ restore 143. Mdlle. Pallix refused to con--13 done • new proceedings, more complicated. Jr than ever, arose; and it was not till 18bL re that Mdlle. Pallix obtained a mgement,, which entitled her to choose her 100t> J acres, and condemned the crown to pay a heriian indemnity of 8000 a year as restitute tion, and in addition, 1500 f a year 3> damages. The Court of Appeal confirmed, in the decision of the lower court, and yet it , e was only last month that the judgment \ was ratified; that is to..say, four years 01 after a final decision. -/'The marshes, or t 0 greves, are rich in alluvial soil, and this pf explains the pertinacity with which their- 7 ll- possession has been contended for.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/HBWT18680316.2.8

Bibliographic details
Ngā taipitopito pukapuka

Hawke's Bay Weekly Times, Volume 2, Issue 63, 16 March 1868, Page 65

Word count
Tapeke kupu
836

HISTORY OF A FRENCH LAWSUIT. Hawke's Bay Weekly Times, Volume 2, Issue 63, 16 March 1868, Page 65

HISTORY OF A FRENCH LAWSUIT. Hawke's Bay Weekly Times, Volume 2, Issue 63, 16 March 1868, Page 65

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