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MARTIN, FRANCOIS XAVIER (1762-1846)

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Originally appearing in Volume V17, Page 794 of the 1911 Encyclopedia Britannica.
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MARTIN, See also:FRANCOIS See also:XAVIER (1762-1846) , See also:American jurist and author, was See also:born in See also:Marseilles, See also:France, on the 17th of See also:March 1762, of Provencal descent. In 1780 he went to See also:Martinique, and before the See also:close of the American See also:war of See also:Independence went to See also:North Carolina, where (in New See also:Bern) he taught See also:French and learnt See also:English, and set up as a printer. He studied See also:law, and was admitted to the North Carolina ,See also:bar. in 1789. He published various legal books, and edited Acts of the North Carolina See also:Assembly from 1715 to r8o3 (2nd ed., 1809). He was a member of the See also:lower See also:house of the See also:General Assembly in 1806-1807. In 1809 he was commissioned a See also:judge of the See also:superior See also:court of the territory of See also:Mississippi, and in March 1810 became judge of the superior court of the territory of See also:Orleans. Here the law was in a chaotic See also:condition, what with French law before O'Reilly's See also:rule, then a See also:Spanish See also:code, and in 1808 the See also:Digest of the See also:Civil See also:Laws, an See also:adaptation by See also:James See also:Brown and See also:Moreau Lislet of the code of See also:Napoleon, which repealed the Spanish fueros, partidas, recopilationes and laws of the Indies only as they conflicted with its provisions. Martin published in 1811 and 1813 reports of cases decided by the superior court of the territory of Orleans. For two years from See also:February 1813 Martin was See also:attorney-general of the newly established See also:state of See also:Louisiana, and then until March 1846 was a judge and (from 1836 to 1846) presiding judge of the supreme court of the state. For the See also:period until 183o he published reports of the decisions of the supreme court; and in 1816 he published two volumes, one French and one English, of A General Digest of tke Acts of Legislatures of the See also:Late Territory of Orleans and of the State of Louisiana. He won the name of the " See also:father of Louisiana See also:jurisprudence " and his See also:work was of See also:great assistance to See also:Edward See also:Livingston, See also:Pierre Derbigny and Moreau Lislet in the Louisiana codification of 1821-1826. Martin's eyesight had begun to fail when he was seventy, and after 1836 he could no longer write opinions with his own See also:hand.l He died in New Orleans on the 11th of See also:December 1846.

Martin translated See also:

Robert J. See also:Pothier On Obligations (1802), and wrote The See also:History of Louisiana from the Earliest Period (2 vols. 1827–1829) and The History of North Carolina (2 vols., 1829). There His holographic will in favour of his See also:brother (written in 1844 and devising See also:property See also:worth nearly $400,000) was unsuccessfully contested by the statevof Louisiana on the ground that the will was void as being a legal and See also:physical impossibility, or as being an attempted See also:fraud on the state, as under it the state would not receive a to % tax if the property went to the heirs of Martin (as intestate) in France.is a memoir by See also:Henry A. Bullard in See also:part ii. of B. F. French's See also:Historical Collections of Louisiana (See also:Philadelphia, 1850), and one by W. W. See also:Howe in See also:John F. Condon's edition of Martin's History of Louisiana (New Orleans, 1882).

End of Article: MARTIN, FRANCOIS XAVIER (1762-1846)

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