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CUSHINGS 
 
 NOTARIAL FORM BOOK 
 
 iY^, 
 
 M'lTII A 
 
 TREATISE OR HISTORICAL OUTLINE OF 
 THE NOTARIAL PROFESSION. 
 
 MONTKEAL ; 
 
 A. PERIARD, LAW BOOKSELLER, PUBLLSHER AND IMroRTER. 
 
 2L 23 AND 25 St. James Street. 
 
 1887. 
 
Entered, according to Act of Parliament of Canada, in the year 1887, by Charles Cushing, B.C.L., N.P., 
 in the Office of the Minister of Agriculture, 
 
 
PREFACE. 
 
 The Author has been led to publish this book foi* the following reasons : 
 
 First. Because no work on the Notarial Profession has been 
 
 written in English. 
 Second. To supply a long felt want. 
 Third. To promote uniformity and simplicity. 
 Fourth. As a means of self-improvement. 
 
 Many works of merit, published chiefly in France, have been consulted, and 
 the results of an active professional practice of nearly twenty years made use 
 of; and for the peroration to the Treatise the Author is in debt to Mr. Lewis 
 A. Hart, Notarial Professor in McGill University, through one of his valuable 
 lectures. 
 
 Reference has been made in the majority ol the forms to authorities, prin- 
 cipally the Civil Code of Lower Canada and the Code of Civil Procedure. 
 
■^ 
 
IIISTOIUOAL OUTLINK; 
 
 A TREATISE ON THE NOTARIAL PROFESSION. 
 
 Notiii'ifs arc jjiililic ofticerH n]iiiiiiiiti'(l to iivi'inivc imd cxi,'- 
 ciitu ilcods and contrai^ts to whicli the iiaitii's desire or aic 
 bound to impart that cliarai'tia' of aut)ioiilicity wliii^h is 
 altaclu'd to acts ciitiTud into under jmblic autliority; to 
 assure tlieir dato, to i)rt'.survu tlicni, and to deliver (;o|)i(^s 
 tliurcof, or authentic extracts therefrom. Sucli ia the defini- 
 tion ],'iven in Article I. of the Lui df Vi'ittuxi', wliich also 
 gives the reasons tliat led to the institution of the notarial 
 profe.ssion, briefly a.s follows ; — Side by side with thos(^ 
 wlio.se ofliee it is to reeoncile and judge men, the well-being 
 of society demanded the appointment of others who, as dis- 
 interested advisers as well as impartial scribes — explaining 
 the full extent of the obligations contracted, drawing up 
 the conditions thereof with clearness, imparting to lliem lli<! 
 character of an authentic act and the force of a final judg- 
 ment, perpetuating the recollection of them and preserving 
 their deposit with fidelity — should prevent diflerences from 
 arising between men of good faith and remove fnjni the 
 covetous and designing the power of raising unjust issues. 
 These disinterested advisers, these imjiartial scribes, these 
 voluntary judges, who bind irrevocably the contracting 
 jjarties, arc notaries. This institution is the notarial pro- 
 fession. 
 
 The notarial profession, like all other professions, is 
 founded on the needs of society. Of a jmrely [jvivale 
 character among the ancients, it insensibly extended itself, 
 and rules were made for its government, until finally it 
 became organised as a public institution. In the earliest 
 years of i urn's existence, that which each [jcrson first laid 
 his hand.s upon or discovered, and made use of, was no doul)t 
 (lit facto his own, his right no one could rea.sonably dispute. 
 I'roprietor.ship, the right to enjoy and dispo.se of objects 
 in the most absolute maimer, due regard being had to the 
 claims of others, is a natural right whose exercise is ruled 
 by civil law, which could only be established and developed 
 gradually. Man cannot live alone, he cannot satisfy all his 
 needs, nor afTord himself all needful protection ; hence 
 sprang families, colonies, tribes and nations ; and these 
 groups, scattered hero and there over the earth, considered as 
 their's the land on which they settled, and th(>y establi.shed a 
 collective innnovable proprietorship of a territory whose 
 bounds would at first consist naturally of forests, rivers, 
 lakes and mountains. In those pastoral days, when there 
 was room for all, none would be permitted to lay claim to 
 particular parts, and this common property tenure has existed 
 right down through the ages to a comparatively recent date, 
 and, according to Cw.sar and Tacitus, the greater part of 
 Oermany, even in their day, was common property, subject 
 to periodical divisions among the inhabitants, aiul in our 
 own time peoples such as the Ijidians continue to exercise 
 
 joint rights and privileges over vast territories. .Among 
 such trilies and nations no titles of any kind existed, but 
 when the more civilLsed people began to have fixed places of 
 aliode, luid to the ])roducts of the hunt and of fishing, to 
 wild fruit and milk, were added the products oi a cultivated 
 soil, a new departure became imperative. The discovery of 
 agriculture introduced new manners and customs. Those 
 who engaged in it settled in such places as to them app(!ared 
 most favorable. They became stidentary in tlieir ]ial)its. In 
 the i>ursuit of their calling implements were reipiired whoso 
 manufacture gavt; birth t<j a large number of arts ignored by 
 mere wandering tribes and jieoplcs, and so connected directly 
 or indirectly with farming, numerous groups were formed of 
 laborers, farmers, and arli.sans skilled in difl'erent trades, 
 constituting hamlet.s, villages and towns. Once located, 
 they reijuired move substantial dwellings, as well to live in 
 as to [irotect and jireserve their products and manufactures. 
 From this period, no doubt, originated the holding of immov- 
 able iiroperty by indivi<luals. "When peoiile became so 
 settled that tlu! right to individual ownership was recognised, 
 order liecame e.s.<sential to enable each one to have peaceable 
 enjoyment of his own, and a .system regulating the owner- 
 ship of land and tlie manner of its division became iieces- 
 .sary, and the first care of those who formed new .settlements 
 would be to divide the laud among tlie colonists, so that the 
 property of each should be clearly designated. " Cursed be 
 he that removeth his neighbor's landmark " was one of the 
 laws given by Closes (l)eut. xxvii ; 17), and the IJook of 
 .lob, generally supposed to be much more ancient, declares 
 there is a secret judgment for the wicked who remove the 
 landmarks. (.Tob xxiv). In the early days of Rome, Numa 
 di'cre(Ml death to those who removed the landmarks of 
 heritages. The earliest laws were, doubtless, penal, as a protec- 
 tion against robbery, murder and violence ; tin; enactment of 
 civil laws would progress with civilisation, and among the 
 earliest would be laws regarding and affecting immovable 
 property. The division of lands, says Montesquieu, chiefly 
 enlarged the civil code, where such division was not pro- 
 tected, other laws would be few indeed. Mutual agreements, 
 sales, acts of civil status, marriages, judgments, have always 
 required certain authenticity, and forms must have been 
 adopted and persons authorised to receive them and places of 
 safe kee|iiiig and reference fixed ; what these were we can in 
 part ascertain from the .sacred writings of different jieoples. 
 Before the invention of writing, acts were passed verbally in 
 presence of witnesses or accompanied by certain formalities 
 or ceremonies to impress them on the memory. The most 
 orclinary proof of the existence of agreements would result 
 from their acknowledgment by the parties interested and the 
 witnesses in presence of the assembled people. When 
 
VI 
 
 niSToltli'AI. olTI.IXK. 
 
 AluMliiiiii lji)ii;,'lil till' ciivo of ^[;l(•]llll!lilll in wliiuli to Imry 
 iSiuiili, Ills wife, till! siili! look pliiw! ill imisoiiw! of tlio poople, 
 bi'foic wlmiii wci'L' coiiiitud, of riitliL-r W('i;,'lii'(l, the four 
 liumlri'il piiHicH i)f silvor in ^'ooil inin, ciirri'iit iiioiK^y, as %vo 
 are lolil. ((Jen. xxiii ; IG). Af,'iiiii, wiu'ii Liibim entered 
 into u coveiiiuit witli Jacoli ((ieii xxxi : 45-18) tlio latter 
 took a stone ami ordered his hriHhren to xi'tl"''' stones and 
 make a lieaj), which \u\ called " ( laleed " as a witness ))etween 
 them. The hlood of animals was frequently shed hy the 
 ancient (Ireeks, ^feilians and others to seal treaties and 
 comi)acts. To uiiahle the peojjle more easily to reniemher 
 the laws of the land they wore thrown into verse ; Lycur- 
 giis and l)raconyav(; laws to the Si)artans and Athenians in 
 Verse. Anioiij.,' harbarians and semi-civilized nations, 
 pictorial representations were used to designate tribute 
 money or certain clauses of treaties, and among the native, 
 I'.idians of our own Canaila belts and collars of wampum 
 have great signiiicance and serve to ratify truces and 
 alliances. The use of signs and .symbols continued long 
 after the invention of writing, and, indeed, the earliest 
 fa.shion of writing M'as by signs aiul iigures, as for in.stance, 
 when the na'ive Mexicans wished to inform Montezuma of 
 the descent of the Spaniards, they sent him a .sheet of some 
 sort of bark on which they had designed and painted what 
 they had seen. The invention of the ali)habet is attributed 
 to Cecro]is. Tacitus says the Egyptians were the tirst to u.so 
 letters, and Plato declares that Tliaut, one of the most ancient 
 kings of Kgypt, first divided the letters into vowels and 
 consonant.-;, into units and liipiiils, but a long [)eriod ehqjsed 
 before writing was common enough to lie employeil in ordinary 
 acts of civil life. Holland de Yillargues says ; " From history 
 We learn that among the ancients, even those whose la\>s arc 
 best known to us, as Egyptians, Jews and (Ireeks, were scribes 
 and other per.sons called to receive agreements between iiuli- 
 viduals, but even when ollicial their deeds had only the value 
 of private writings until and unless the contracting parties 
 presented them before Avitncsses to the magistrate empowered 
 to atlix the public seal which imparted the authentic 
 character necessary to their execution." The hrst written 
 treaties of which we have any knowledge were engraved on 
 bronze or marble slabs aiul the .seals of the contracting 
 nations affixed, and these slabs were set up in temples or 
 other public places ; lead, leaves, bark and wood were 
 brought into rei|uisition, which were written upon with 
 stylets of iron, brass or bone, and, subsequently, parchment 
 or skins were used. The laws of .Solon were written on 
 rolls of wood in the form of axles, which turned in frames 
 into which they were inserted. Colored liipiids afterwards 
 came into use, but in early times the use of pens, ink and 
 paper .was unknown, and as the writing was attended with 
 so many difficulties, it was long before private contracts 
 were written, and sales, promises and obligations continued 
 to be made in the presence of witnesses. The Babylonians 
 are regarded as the first who introduced the custom of 
 passing private deeds in writing, these were made in dupli- 
 cate, one whereof was tied ii]i and si^ahnl by the contracting 
 parties, the other remained open for reference, and both were 
 
 deposited in the tem[)les under the care of priests. 
 (Diodorous Vol. I., page 3.) Hefon^ the art of writing, I'lul 
 for a huig tinm afterward.-*, seals W(^re used for the signatures 
 and rigorous laws, c!ven the death |ienalty, imposed for the 
 liiiiiishment of counterfeiters. These seals were; generally 
 on ving.M, but were also graven on the heails of rane.s, &c. 
 (Herodotus, Vol, 1.) Pharaoh gave .Fo.seph his ring, as a 
 sign of his authority, and, <loubtle.s,s, it bore the king's seal. 
 The presence of witnes.se.s, in verbal agreements and con- 
 tracts, and the affixing of the .seal in written contracts, 
 appc-ar to liave been the most important conditions of 
 validity. The difficulties of written contracts were in 
 ancient days made greater by the existence of two kinds of 
 writing, mm^monic, or conimon writing, and hieromnemonic, 
 or learned writing, the latter u-sed in public treaties, and but 
 rarely in jirivate contracts. ( Harrois. ) "Wills could only be 
 made by Hebrews on their ileath-beds (.lo.sephus), they were 
 unknown to Egyptians (Troplong), for a long period to the 
 Greeks (Plato, Laws), and when made were generally left 
 with priests. The (Jreek mnemons were magistrates, whose 
 functions were similar to those of our notaries, attorneys 
 and rcgistrar.s, and they were charged with the diafting and 
 custody of dee<ls. Aristotle (Politics, IJook VI., clia|), 7) 
 makes menti(jn of public officials who received the agvee- 
 ments of individuals and the judgments of the Courts 
 whom he regarded i.s Idling tlu^ .sinie office, and as having 
 similar powers and authority, although the offices were 
 separated in .some states. 
 
 EliYI'T. 
 
 We have already seen that the Kgyiitians were the tirst 
 to write their public and private deeds, which were guarded 
 by priests, lioccliari.s, r..C. 800, regulated the form of con- 
 tracts and agreements, and one of his succes.sors, Asychus, 
 with the view of encouraging commerce by facilitating 
 credit, enacted a singular law respecting loans by which a 
 man might borrow on the security of his father's body. 
 Owing to the i-'gyptian custom of embalming, this was a 
 good security, inasmuch as a debtor who died without paying 
 his debt was rijfused the honors of burial, the most severe 
 punishment that could be imj)o.sed on an Egyptian. During 
 the demotic era, about RC. (SOO, that is to say the era when 
 the people had a style of writing (litferent from that of the 
 sacred writing used only by the learned, notaries existed, 
 through whose hands deeds of importance passed. These 
 notaries wrote in the name of the jiriests of Ammon-Ka. 
 They had no special authority to bind, but were in reality 
 tabellions, the priests being the real notaries. A complete 
 sale in the time of Ptolemy and Cleopatra reijuired three 
 distinct deeds. 
 
 First — Receipt of the price. 
 
 Second — Deed of Adjuration, in which the rights of the 
 new projirietor were consecrated by a solemn oath. 
 
 Third — Deed of Hearsay, which was the definite deed of 
 cession. In this act the vendor did not call the property his, 
 but " I abandon your property to you." The father, mother, 
 wife and children of the vendor intervened in deeds ; if they 
 
 ,' 
 
 J 
 
lllSTolUi 'Al. OVTI.INH 
 
 vu 
 
 iliil nut sij^'ii tilt- vi'iiilnr innilc cU'cliiriitinn lliat tlicy luul 
 iiiitliiii^' t(i do willi it, anil lie \vairiintr(l it froi! from any 
 iliiini Ity tlicin. 
 
 A coninion Imt riirioUH (iced was liii! naln Ity oni; priest to 
 iinotlii'r of tlic (Mi-l)alnii'il Ipoilii's, tlie imrcliascr to say t!u,' 
 prayers and niako tliu liliations in favor of tlu! dead and to 
 rciicive W\{\ pay that had hL'i'u sti[inlat(Ml tiicrcfor liy t'n* 
 faniilii's intorostiul, Tlius, if tlic Kjjyptians lackiMl our 
 fai'ililics for htans \ipon hank stocks and honds and transfors 
 of hypotliocary ri^'lits, tlicy niadt! up for it by h)aninH \\[w\\ 
 tlu' scftirity of (h'liartcil ani;L'ators, and in this transfer of 
 du(^■^ for S(!rvi(.t's to lie rcnth'riMl this th'parti'd. Deeds to 
 wliiiili strani,'ers were parties, reipiired sprieial forms, hut 
 hetwcMMi native i\i,'yptiaiis tlie notary and witnesses snIliiMnl. 
 >hirriiij,'e eontracts amonj,' the K^'yptian.s wnro very formal, 
 There was first the deed of aeeeptanie l)y tho hnsljaml of 
 tliu wife, and tlieu the deed of estahlisiinient or setth'ini'nt, 
 (uich of wiiieli had a mnnher of provisions, and it wouM 
 appear that the hnshaml conld witlidraw at tlie cikI of a 
 yi'ar, hut tlie wife would retain the settlements, and the 
 < iiild, if any issue of the marriaj,')-, would he hi'ir to *he 
 father's ])ro[)erty. 
 
 Italy. 
 
 Italy is lh(^ native laml of eivil la\i'. In the Roman law 
 we find the (U'i>,'in of our own. From the earliest tinu^s, 
 custom an<l Konian law estaltlished for nil acts of civil life 
 solemn formalities, whose rij^orous ohservance alone assured 
 the validity of conventions. The kinj,'s had concentrated in 
 their own hands the whole judicial power in civil matters. 
 Private law, abandoned to the <incertainty of obscun^ rules, 
 was subject almost exclu.sively to tho intluence of the 
 priests and patricians. However, in th(! reign of Tanpiinius 
 Suiierhus the royal laws were collected in a volume by Sextus 
 Papyrus, from whom they bore tho name of I'apyrian Code. 
 .\ftorth(^ ex|mlsion of the kings their laws ceased to ho in 
 force, and tlu; Romans again began to bo governed by custom 
 only until the Laws of tho XII. Tables, which as tho founchi- 
 tion of Koniau Law, tho sourco of all pul)lic and private 
 law, was promulgated in the year .'i03 A.U.C. These laws 
 were not (Jreek, but were for tho mo.st part a collection of 
 ancient Roman customs. Several of the laws of the I'apyrian 
 Code, which had again come into use under the hrst consuls, 
 were embodied in the new laws. I'.y the side of the Laws of 
 i\w. XII. Tables, there developed under the Roman Repulilic 
 I'reloriau law, cu.stomavy law and siiecial laws, and later, the 
 customs of tho emperors. Formulary law, relating to private 
 agroenuMits, was derived from the^o sources. The Laws of the 
 XII. Tables formed tho basis of civil law until the reign of 
 the Emperor Justinian, who.se constitution sujutlanted the 
 ancient laws. However defective were many of the laws 
 enacted at Rome, they certainly were not put upon tho 
 statute book with undue haste. New law at Rome had to 
 he formulated by a patrician magistrate and submitted first 
 to a board of the most enlightened citizens to see that it 
 contained nothing contrary to the interests of the Republic. 
 Having pa.ssed this stage, it was sent to the Senate, who 
 
 having ap|iroved or moditieil it, orileri'd it to li(> ex|io.sed in 
 thc^ public .sipiare or market during three market days. The 
 peopl(! were thou called together on (he Camims Martins, 
 wheri! a day was fi.\('d for thi! assenilily of the coniitia by 
 hinidreds, and on that day th(! itromoter of tin- bill read it 
 liul)licly and a discussion on its merits was had in presence of 
 the priests who snstaineil the religious interests ; afler whi<;h, 
 if the proceedings wore not interrupted by unfavorable 
 auguries, the po|)ular vote wa.s taken by ballot, each voter 
 depositing his ballot for or against. If tlu! bill passed this 
 ordeal it was confirmed by a solemn oath and graven on a 
 table in imitation of the laws of the decemvirs. If before 
 or diu'ingtlu^ distnission, or while tho vo»'; was being taken, 
 a clap of thunder was heard, or a storm burst, or any remarks 
 were made by tho augurs, an instant adjournment was made. 
 Xo do\ibt in thosi? days the augurs wcu'i! as well lobbied as 
 are oiir legislators. When a law finally pa.ssed it boro tho 
 name of its autiior, and the Romans believed that nothing 
 eoutiibutecl nior(! to immortality than theiiuality of legislator. 
 In addition to laws (Miacteil as just nientione(l, the Roman.s 
 were governed by various laws or rules, among which are 
 worthy of mention ; — 
 
 First— Plebiscites, or decrees of the populai'e, on tho propo- 
 sition of a magistrate or tribune and without tho coneurronce 
 of the senators, patricians or augur.s, by a majority vote 
 taken after due publication in tho Circus Flaniinius, at tlio 
 Capitol or in the Coniitia. 
 
 Second — The edicts of the I'ra'tors. Ivich Pra'tor ruled 
 one year, and had the right to make rules or edicts, which 
 possessed the forci^ of law during his term of ofhce. 
 
 The Jurisconsidt .luliaii, was charged by the Fmperor 
 Hadrian to prepare from all these edicts a perpetual edict for 
 the guidance <if pnetors, who thenceforward were not 
 allowed to publish lu^w edicts. 
 
 Thinl — Senatus Consulta were laws formulated in tho 
 Senate and approved by the people. They did not po.ssoss 
 the force of law until tlie reign of the Emperor Tiberius. 
 
 F'onrth — Decrees of tho emperors were law. 
 
 I-'ifth — The opinions of jurisconsults while not jiosse-ssing 
 the authority of law carried great weight, and the V'mperor 
 Theodosius legali.se I the writings of several liy decree. 
 
 Having .sketched briefly the Roman system of law making, 
 we will now consider Uk; value and proof of conventions. 
 Proof of conventions was made in three ways : — Hy wit- 
 iios.ses, by titles, by oath. 
 
 The witness must be a free man of tho age of ni.ajority 
 and not under infamous condemnation. A false witness was 
 punished with death by tho Laws of the XII. Tables, and 
 later, by exile. The l)ribed judge and tlie briber were 
 punished by death. Lender the Laws of tho XII. Tables 
 deeds of hypothec and ownership could only he proccs- 
 vrhaitx, certifying tho accomplishment of the complicated 
 fornialities indis|)ensable to tho v.alidity of conventions. Tho 
 progress of civilization made groat changes, and a similar 
 proce<lure took the place of the complicated .system of 
 formulas, without, however, coniphitely destroying them, 
 until finally impeiiid eoiistitutii>iis, suppressing the solcuinity 
 
Vill 
 
 JUSToUKJAL OVTLINK. 
 
 II" 
 
 11^^ 
 
 of wnnlH, i'<'((iiii'(>il only Unit Uio jmitics n)iou1<1 iij^rrc, niul 
 uIIowimI full liipcrty of (^xpi'i'ssidii of siidi iigrci'iiii'iil in siicli 
 tornis iw tliey diosp. Wo next fiiiil written iijjrecinii'iits, iniij 
 in lien of tiic /irnrcii-rrrhal attesting' the acniniiilislniicnl of 
 tlio forMiiiliticM whirli wi'ic liu' essence of tlio iii,'n'('nu'nt, 
 suecpcdod tlio writtun iiistrunicnt scttinfj ii]) the ii>,'M'i'in('nt 
 it«'lf. Proof could lie niail<^ liy jnililic or jirivati' \vriliiii,'s. 
 Public acta, licsidcs the fotniality of tyiiij; up the tallies in 
 presence of witnes-sus, re(iuired by a sonatuaconsultiis of the 
 tinio of the KiiiiH^ror Nero, rei|uired to make mention of the 
 year of tlu; reigninj,' emiuTor, llu; name of the consul, the 
 month, tlio day of Higning, the names of the witnesses and 
 of the scribe who wrote them, and of the tabellion who 
 caused them to be drafteil, ami their sigiialur(!s. Although 
 tab("llions wore clmrged with the drawing up of agreements, 
 they did not impart authenticity, which was eji'ecteil by an 
 ncknowledgment by the tabellioiis who drafted them, tli(! 
 scribe who wrote them, and the accountjint who verified the 
 money, or l)y the survivors, before a magistrate, or this being 
 impossible, by proving the writing of the signatorii^s. Pri- 
 vate writings required the signatures of three or livi; wit- 
 nesses, according to their importance. In their earliest days, 
 the Konians attended to the cultivation of the land ; the 
 mechanical arts and sedentary pursuits were hit to slaves. 
 The Emperors Arca<lius and Ilonorius were the first who 
 rofpiired that the keepers taJmlarii of th<^ public registers 
 should not be slaves, but free men. The land was carefully 
 divided by boundaries, sucli as .statues and jiillars of .stoiM! 
 set up and l)c<lded in the earth with great formality and 
 religious rites, and the death penalty was inflicted on those 
 found guilty of removing tlicm and on the oxen that 
 ploughed them out. Although individuals could buy and 
 sell and give as they chose, Rome claimed the .suprenu" 
 ownership of all land within and without its cities, hence 
 the varied formalities attending its .sale and transfer. Roman 
 creditors held mortgages in three ways : — liy Lien, l>y 
 Hypothec, by Transfer. A lien was effected with the same 
 formalities as a sale, by mancipation or judicial cession. The 
 creditor became the owner of the object given as .security, 
 but ut the same time as tlie ce.s.sioii an agreement was 
 enteri d into by which the creditor obliged himself on pay- 
 ment of the debt to re-convey the security. The lien gave 
 the creditor the right to retain the security until payment 
 of the debt, and in early times, if unpaid at the time fixed, 
 the creditor retained the security. A lien, however, gave 
 the creditor no preference over other creditors, in which 
 resj)ect it differed from the hypothec. The Roman lien 
 clearly indicates the origin of the form of mortgage iu use 
 under English law and styled " Sale by A\'ay of Mortgage," 
 the English lien has, however, tlie advantage of carrrying 
 with it a preference over other creditors, which was not ad- 
 mitted by Roman law. The hypothec, whicli is the next 
 form of mortgage calling for description, and which has been 
 adopted by our law-makers, has this great advantage over 
 the lion that it requires no special form provided the inten- 
 tion to hypothecate is stated, and it admits of the introduc- 
 tion of covenants of every kiml not destructive of the 
 
 hypothec. The comiiact of hypothec was introduced by 
 authority of the pra'tor, and gave the creditor a real riglit in 
 the immovable, whicli coultl be as.sertod against third parties, 
 and with ]irefi'rence, accordingly it ereati'd a preferential 
 claim in favor of tlu' creditor. Hypo k^c was createil by 
 covenant of the debtor and by Will. The agreement for 
 hy|iolhec could be in any form provided it wius distinctly 
 declareil that tin,' object was hypothecated as security fi>r 
 tlie |iayment of the debt, even verbal hypothec was effective 
 
 when \n f could be adduced, iiiit those objects, which couM 
 
 not b(! alienated without the observance of certain formali- 
 ties, could not bo hypothecated without the observance of 
 till' .same formalities. Tlu^ transfer by a creditor to a third 
 jiarty of his cl im required the I'onsentof tin,' debtor, othiT- 
 wi.se the transferee hail no mor(! right to the debt and socu- 
 lity transferr(Ml than other creditors of tlie transferror, 
 'file form of sale is fully illustrated by the following ancient 
 deed given by J!ri8.son : — " Pascutius Culitn, son of Pascutius 
 (Jilita, laborer, of Saro, with tlu; consent of his wife, 
 Pignatia Xi(;ella, hereto present, sells in his own name, 
 in the name of his wife, ti Signitius Funestillers, messenger, 
 residing at Acerra, purchaser f(U' him.self, his children, 
 reiihews, grand nephews, ami posterity, a .small house 
 1.. 'ato in the outskirts of Sara on the river bank. It has 
 good neighbors, Pilatius Rufilas, etc. The house and 
 aiijiurtenances and walls are in good condition, the roof is 
 firmly supported and covered with oak plank carefully laid. 
 The cistern is well built and protected from all unwholesome 
 infdtratiuiis, the foundations are well laid and separated 
 from the ditch into which the neighboring filth runs. The 
 garden looks towards the South, and is closed in on every 
 side. The price is three uncials, silver coin, weighing the 
 twelfth part of an ass. You, Prescutius acknowledge the 
 receipt of the money duly counted and weighed. To youi 
 Signitius, the liou.se is abandoned entirely according to 
 custom from the foundation to the roof, including the plcnts, 
 vines, sup|iorts, fruits, &c. It is, in a word, made over to 
 you h\m\ the land it covers to the sky that covers it, includ- 
 ing the sky itscdf and the land to the very bowels of tlio 
 i^arth and the _ uis of the infernal regions. You may 
 claim it as yours in every assembly, before every tribunal, 
 holy days and other days, days of labor and days of rest, 
 and your descendants will have the same right. And to 
 confirm the -sale of this house, movables and appurtenances, 
 a triple deed is made, sealed with lead, and the vendor 
 binds himself to aflirm it before the judge in his tribunal. 
 Pre.scutiu.s, invest the purchaser with the staff! Signitiu.s, 
 take the staff in your hand I That the sincerity of this 
 agreement may l)e certified, and that it has been made with 
 your consent, and the consent of the wife of Prescutius, and 
 that you arc acting as becomes honorable men, you have re- 
 quired me to act as your scribe, and you have confirmed 
 everything under oath. In presence of the witnesses you 
 have called, who are trustworthy men, Pluvius Locusta, 
 Tesulamus Casellio, Al))anus Licida, Albatius Tregellamus. 
 These acts and transactions have been thus entered into on 
 the alwve terms and conditions in presence of Pignatia, wife 
 
JlISTOlilL'A L OUT I. INK. 
 
 IX 
 
 of I'rcsoutiuH, and llio wIidIc hIkpuIiI be executeil iih is fit 
 
 )i(dwi'rll linlioralili' IIIUII, 
 
 "Raiihuh incwnt, 
 "KiiKmi.Im of July." " r.Kiias I'oiiOA." 
 
 HiiviuK lirii^tly f,'liuice(l i.*. \\w customs niul laws in force 
 anioiij,' tlii^ KoniauH atleotiiiK proiiorly, ami at tlio stylo and 
 formalities of its transfer down to the time when written 
 details l)ceiini(! jiractiually universal, let us notice the 
 ministry of those who were employed to jirepare dcu^ds and 
 contracts and the means by which ellect wus ),'iven to deeds 
 anil contracts, Tabellions, who are ordinarily associated in 
 our minds with the execution of all Roman documents, 
 were not the creation of a day or dynasty, although they 
 would appear to have been legally ajujointed, and their 
 functions to have been created into a public ollice only in 
 the iuw of the emperors. The action of the emperors was 
 but the recoj,'iiition, so to speak, of an existing state of 
 things ami a review of the origin, functions and primitive 
 organization of tabellions, and of the causes or steps which 
 (•\diuinated in thi^ formal recognition l)y imperial constitu- 
 tions of the forundary rights of tabellions as a privileged 
 cla.ss of professional men will not be inappropriate. War 
 and agriculture alone were looked upon with favor by the 
 early Romans. Science and Art were base and contemptible 
 in their eyc^s and abamloned to slaves. A law of Romulus 
 (Article 20 I'apyrian Code) forbade the exercise of sedentary 
 occupations which wouhl contribute to introduce or sustain 
 luxury and ell'eminacy. The art of writing was, therefore, 
 not reputed honorable, but inasmuch lus by this means only 
 could agreemi'nts be o.stal)lished in a permanent and certain 
 manner, and the forms of their civil law were so rigorous and 
 complicated they could only be eoiuprelion.dod ami applied 
 l)y those who,se solo occupation it was to study them, the 
 Ronmns looked for a way of satisfying their needs, and 
 naturally discovered just wliat suited them in the slaves 
 whom constant wars poured into their midst, many of them 
 coming from more civilized countries, and having great 
 intelligence, were remarkably adapted to the work. " To 
 the slaves," says Rolland de Villarguos, " the State committed 
 valuable offices such as the receipt of moneys, the guar- 
 dian.ship of its archives, and the keeping of its public 
 accounts, and to these functions the slaves soon added 
 another that rendered them of the greatest usefulness to the 
 citizens wlio, unable to write, employed them U> draw agree- 
 ments and to sign them in the name of the partie.s, often 
 even of parties wlio, themselves, were legally unable to con- 
 tract." These slaves were variously termed Scribw, Tabularii, 
 Notarii, Cursores, Logographi, Teslamentarii, Argentarii. 
 Scribie because they kept public and private accounts and 
 domestic registers in which the paterfamilias daily made 
 his business observations. The scrilja in charge of the 
 public records would correspond very nearly witii our 
 Prothonotary, although the term prothonotary is of later 
 origin, and is derived from the Greek proton, first, and the 
 Latin nofariug, and meant originally the chief notary. 
 Anciently, it was the title of the principal notaries of the 
 emperors of Constantinople. The scriba seems to have 
 
 inclutled all practitioners, more particularly the tabellions, as 
 we find the .same person mentioned as a scriba, and also a 
 tabellio. Tabularii, as public writers on tablets, and their 
 function.s, in many n^spects, were similar to those of the 
 8cribn>, more generally as a grefher or prothonotary. Notarii 
 l)ecaU80 th(!y used abbreviations or notes. Cursores, because 
 of their rapid writing. Logographi, a sort of shorthand 
 writers or stenogra|)hi!r.s. Testamentarii, because they drew 
 up wills. Argentarii, when they received contracts which 
 had money as their object, such as loans, deposits, At. 
 
 N0TAUIK.S. 
 The expression notarius, or notary, was commonly ajiplied 
 by the Romans to all those persons who were in thc! habit of 
 writing for others, whether it were the agreements of indi- 
 viduals or the judgments of the courts ; and a case is 
 reported of a notary, who, in tlie time of Alexander Si^verus, 
 had falsified a judgment rendenid by the Emperor's Council, 
 and who was banished after having the sinevs of his 
 fingers cut so that Ik! should never again be able to write. 
 By this expression, witariiin, was probably understood those 
 per-sons who received and kept the records of judgments 
 and agreements, and who were distinguished from the scrilics 
 and tal)ellions by the name of fxci'ptori'g. The term 
 iiiitarins also included those persons who received contracts 
 and agreements as clerks or assistants of the tabellion.s, and 
 it included, in general, all persons who posses.sed the 
 knowledge and skill in writing by means of notes ai " 
 abreviations, thus, those slaves who wen? employed by tl.e r 
 masters, when -studying, to make extracts from book.s, rtc, 
 and who could write rapidly whatever tlunr masters dictated 
 to them, were al.so called notarii, or shorthand writers. The 
 notes' did not consist of words written at full length, but 
 one single letter would express a word ; and oven signs were 
 used, of which Justinian was obliged to forbid the use on 
 account of the various meanings that were given to them. 
 The use of notes and abbreviations of this kind had been 
 introduced at Rome by Tyro, a fieednian of Cicero, who had 
 applied himself to the art of Avriting in ciplier, or figures 
 that were not characters in any known language. Tyro was 
 not the fir.st inventor of this kind of writing, for it was in 
 use among the Greeks, but he added to it, and perfected it. 
 Those then were called notaries at Rome who pos.sessed the 
 art of writing by notes and abbreviations, Umh' Vorantur 
 Notarii ; and, as application was made to them to receive all 
 kinds of agveement.s, the term notary was applied to the 
 public officials who performeil duties of this nature. It was 
 the custom at Rome to teach young slaves, who showed 
 themselves possessed of intelligence, the art of shorthand 
 writing, so that they might serve as clerks for the scribes or 
 clerks of the courts and the tabellions. All the public 
 scribes, whetlier clerks of the court or notaries, were origin- 
 ally public slaves, that is they belonged to the public bodies 
 of each town, and were employed in writing out documents 
 and making copies, so that these might cost the people 
 nothing ; and this was such a common [iractice that in the 
 last law of tlm title Dv sfrrin R^jmhlicii; maniimittmdia 
 
IflSToniCAL OUTLINK. 
 
 ! Hi 
 
 ll'l 
 
 oi tilt' coik' till! tiucstiou is riiiscil wlicthcr siuh ii slavo, wlio 
 hail liuun frei'd, ami had afti^rwanls I'oiitimiL'il the exercise of 
 his former oui'upatioii, hail not thereby emlaiigereil his 
 liberty. From the circumstance of the slaves amonj' the 
 Komaiis Ijeing in the power of their masters, arose the 
 practice anion;,' notaries of stiiiulatini,' ami accepting for the 
 conlractin;,' parties, which they could not have originally 
 done, had they not been slaves, for it was a rule of the 
 Koman law that no one could stipulate for another, " Jiia intir 
 nliiin acta, aliU W(jue norcrv, myiw prodcsui' potest ; " a 
 maxim from which were excepted slaves and other persons 
 under power, who could stipulate for their jiafcr/aiiiilias or 
 master. If the ."lave were the common property of several 
 owiii'i's, ho could .sti|)ulate for each of them ; and if he were 
 a lie slave, tliat is, the property of a town, he could 
 stip,.,ito for each citizen. It must, however, l)e borne in 
 mind that the slaves, who in the earliest times, performed 
 at Rome the duties of notary, were not notaries in our sense 
 of the Word; they were, correctly speaking, only the clerks of 
 the tabellions, and their writings were not authentic, but 
 only availi'd as private wiitings. 
 
 Tabelmonh. 
 Xotwilhsti'iiding their value and u.sefulness it was not 
 until A.J). 401 that the various functions above mentioned 
 were oxerci.'^ed by free citizens, and until tliat time no 
 authority was attached to the deeds which were considered 
 merely as private writings, though attested by witnesses, and 
 the Tabularii, even when kee^'ing their masters' accounts and 
 business transactions, b^re no greater analogy to the taliel- 
 lions who succeeded them than our copyists do to notaries. 
 However, this iiiii)erfect foi'ii of conventions became insufli- 
 eient. With the pomp and w 'alth of coniiuered nations, the 
 Konians acquired a taste for commerce, and a gradual revolu- 
 tion took place, and the time caine when verl)al agreements 
 under private seal, were no longer adeipuite to the demands 
 of a rich people, whose manners wre changed; hence the 
 appointment of free citizens as tabellions in the selection of 
 whom the Romans took the wisest pret;\utions. "Chosen," 
 says Cujas, " among the juris-consults skilled in writing and 
 speaking, and of high moral character, greit importance was 
 attached to their ministry, the peace of families and surety 
 of engagements depended on them. Tlioy were given the 
 exclusive power of drafting and rendering obligatory the 
 convention:' of the parties, and the .Scribai Tabularii, 
 Cursores and Xotarii became their clerks." The tabellions 
 formed at Rome a great college under a chief nam d rrimi- 
 cerius, they were allowed to select candidates, wi o were 
 sworn in before the orofect of Rome. The powers of the 
 tabellions were very gr^at among the Romans. In tin Law 
 J ulianus, title ili' nacronattdiit accleniig of the code, they are 
 called ./«(/;Vv;s' chart iilarii. (A chartitlariitu primarily nuant 
 an otUcer who had the care of charters and other public 
 papers or clmrtulary judges, becaise tlioy acted as judg'>s 
 between the parties.) In fact, thoy filled at the sam>' 
 time the duties of clerks of the ciurts and of judges, 
 and, in later ages, in several of the provinces of France 
 
 they kept u|) the lial)it of reciting in their deeds that they 
 had adjudged and condemned the parties to fulfil their agree- 
 ments. Ca.ssiodoru.s, in his " Formula for Tabidlions," even 
 raises them above the judges, because the latter only decide 
 suits at law, while the former aiiiieipale and prevent them, 
 and there is no appeal from their decision. We learn from 
 the 44t/i Not'i;/ what the practice of the Romans was with 
 reference to the deeds passed by them before tabellions. In 
 the first instance, the notary, or clerk of the tabellion, wrote 
 the deed in cii)her or shorthand, and this original or draft 
 deed was called the Sc/iala, but it was not perfect or bind- 
 ing until it had been extended and written out at length, 
 and a fair copy of it made, which was called m puruni licn in 
 nniHifinii rcdiijcrc. This wiis done by the tabellion himself, 
 and was termed the coiiqilitiit ciiiitmctiin, and we find it 
 stated in the law c<int cactus title '/'■ fide instcnincutoriDn 
 of the code, that the parties couhl withdraw from their 
 engagements so long as the deed had not been fairly copied 
 at length, and confirmed by the sub.scription of the parties. 
 This sul)scription did not consist of the mere signing of the 
 names or signatures of the parties, but in the formal declara- 
 tion written at the foot of the contract that the parties gave 
 their consent, and were content and .satisfied with what the 
 deed contained ; and, as to their sigmiture, called Si(/)iinii, 
 it was nothing else than the afhxing of the seals or signets, 
 of which the Romans comnionly made u.se, in addition to 
 the signatures. And when the [jarties did not know how to 
 write their names, a friend was eligible to subscribe for them, 
 as was also the tabellion, but the latter did not himself sign 
 the contract, it was sufficient that he had written it himsi'lf 
 at full length ; nor was it necessary that the witnesses should 
 sign, the mention that was made of their being present was 
 enough, except in cases of gifts made by the emperors which 
 they had to sign. As just mentioned, what the parties 
 sigm-d and sealed with their signets, was not the draft or 
 original of the notary, but the fair copy of it called the 
 O'lmplctio. In fact, according to the law Coiitcactns, it 
 would have been u.selcss to sign the Sclicda, since it was not 
 binding; besides, the tabellion delivered the fair copy. 
 Although binding on the parties, the acts of tabellions were 
 not authentic or executory until verified or compared, and to 
 avoid the trouble of verihcatiou they were published or 
 insinuated in court, being in.scribed like a judgment on the 
 court record, ivheii they, heretofore .icn'ptiuv focctme, or 
 private writings, became scriptiirai jmldicif, and possessed 
 the validity and force of acts by i)ublic authority. Several 
 decrees of Justinian addres.sed to the prefects relate specially 
 to the acts and contracts of tabellions. One rcipiires their 
 presence at the drawing up of the act that they may lie able 
 to testify as to the intention of the contrai'ting parties. This 
 obligation was imperative, even sickness not relieving the 
 tabellion from its ob.servance, but in such cases he could 
 summon the parties before him. Another reipiires that the 
 deed should be written on the same page as the protocol, 
 that is, on the page bearing the emperor's name at its liead, 
 and where later Justinian also required the date of the deed 
 to be clearly written under penalty of deprivation of office. 
 
mSTDlllGA L OUTLINE. 
 
 xi 
 
 a ixiimlty thai Wiisiilso iiillicl('(l on Miiy tulicUidii wlm, for any 
 olhur cause, reiiduruil liiiiisiilf uiiwortliy of Ins ollicu. Finally, 
 to complete an act, the tabcllion must mention the witnesses, 
 iin<l make oath before the [iroper authority of its due execu- 
 tion. Xotwithstaiulin^' the necessity of all these foniiali- 
 ties to give efl'ect to their acts, I.oyseau dec'ares that in 
 truth at Rome, as well iis iu Frances, the tabeliioiis had not a 
 little jiower, being, in fiiet, registrars and ,i>idges together, 
 even judges without appeal. Tf) this w(! may add that of 
 writers at Koine tlie labellions only were by reason of their 
 fiuictions allied to the modern Natariaf, inasmuch as they 
 were bound to preserve the originals of agreements prepared 
 by them, so th'l if doubts should arise as to the truth of the 
 conii)letcd instrument, it could be produced. If the tabel- 
 lion did not jireserve the agreement carefully and trouble or 
 detriment resulted in consennence thereof, h(! was liable to 
 be condemned in damages. And, as in the Roman language 
 we find tiie (ftymology of the wiu'd " notary," .so it is with 
 this law-giving nation we iiad the origin of the word 
 iwtariaf, if not in the perfection now attained, at least iu a 
 manner to prepare for its institution. From Rome, where 
 the tabellions ha 1 reached the summit (tf their [lower, let us 
 turn to note tiie ]irogre.ss of conventions in France, whither 
 liie Roman customs had passed with hei ni;ui'ring arms. 
 
 Fn.^Ncu. 
 Moses, in explaining the Divine laws to tlu; Hebrew 
 nation, was the first to use sacred letters. King I'haraoh 
 established law and judgment among the l'",gyiitiaus. Hermes 
 Trismogistus first gave laws to the (ireeks, Solon to the 
 Athenians, [.yeurgus to the I/acedemonians, Xuma I'ompiliu.s, 
 who succeeded Romulus, to the Romans, and then, as the 
 factious p(!o[>le could not uiihold their magi.strates, decem- 
 virs were ai'pointed, who compiled the Laws of the XII 
 Tables. I'ompey tin; (Jonsnl was the first who desired to 
 have the R<imaii laws written in books, but from dread of 
 traducers hi^ did not persevere : then Ca'sar undertook the 
 ta.sk, but was killeil In'fore its nccomplishnumt. (iradually 
 the ancient laws fell into disu.s<' from age and neglect, but 
 though unused, it was necessary to know them. The lU'W 
 laws date from Conslantine and his successors. They were 
 ndxed and without order. The Emperor Tlieodosius collected 
 the ditl'erent constitutions ar.d arranged them under the 
 names of the emperors who gave them from the time of 
 Con.stantine, the whole bearing the name of the Theodosiau 
 Code. In the Fifth Century, Oaul was one of the two pre- 
 fectures of the Western Empire. The Prefect of the ( !auls 
 resided at Treves, and subject to his orders, seventeen 
 governors administered the seventeen provinces into which 
 Oaul was divided. These governors represented the emperor 
 and were charged with the interests of the central govern- 
 ment. They .ii'.ministered justice and had jurisiliction in 
 vohintary and contentious prcjceedings. Among other 
 employds each governor had artnarii, or actuaries, who wrote 
 for the citizens all acts intended to bo authentic, such ns 
 contracts, wills, ilonations, etc., which were authenticated 
 and made etreelivc by the signature of the governor, magis- 
 
 trate or judicial coun.sel. In the year, ■ll''>, A.I>., all deeds 
 were required to be entered at full length in tl..j munciiial 
 registers to give them effect, About the nnddle of the 
 Fifth Century a perfect title by prescri[)tion was accpiired by 
 po.s.se.ssion for ten or twenty years with titles and good faith 
 or by ordinary unopposed occupation for thirty years. And 
 about the same time (dograph wills were allowe<l by the 
 Emperor Valentine. Codicils were subseipiently legalized 
 by the Emperor Augustus. All deeds in France re(piired to 
 be witne.s.scd, and in its early history they wen; jtroved 
 exclusively Ijy witnesses; not until the sixteenth century do 
 we find such proof forbidden, and then only in certain eases. 
 Thus Charles IX., by the Ordoiniance de Moulins of l.T.'iO, 
 forbade ]iroof by witnesses of a debt exceeding one hundreil 
 (100) livres, unless there was a commencement of proof in 
 writing. Sometimes the witnes.ses, to make proof of the 
 truth of their a.s.sertions fought with those who called their 
 evidence in question, and if killed wtu-e considere ' to have 
 been punished by God for perjury, and, in ad<hti(jn, those 
 witnesses who sided with the deceased were fined. 
 Authentic acts, that is to .say acts to wdiich full faith and 
 credit wiire due, and against which testimonial pvoof was not 
 admitted, and which could only be attackcil by iHsrn'ji/ioii. 
 in faux were recognized by the F-'atiks, but 'uly when issued 
 by royal autlKU'ity, by the general assendily, or by the 
 tribunals of the counts, or Tunginus. If the act was lost, 
 it nevertheless could be proved by witnesses, and even 
 replaced by the observance ot certain formalities. All other 
 acts were private acts, whether written by the contracting 
 parties or by special .scribes. These scribes, notaries, or 
 tabularies not being vested with .any public ofhcial cliaracter, 
 their writings bati no value until lIi.: writer and llie wit- 
 nesses appeared with the deeds liefore a ni.i^'str.ite and made 
 oath of their viu'ity. Tlu; deeds should c 'Main the day, 
 month and yi^ar of the reigning monareb ; but the Franks 
 were not obliged to have writings, the counting of the 
 money ami handing over or giving pos.session of the (jbject 
 of the sale in the presence of witnesses was the essence of 
 the tran.saction. The writings only ree(U'diMl the agrccTuent 
 and enabled its execution and i)rc.served the names of the 
 witnesses. The Frank kings allowed tin; peoph; concpiered 
 by them to maintain their .several systems of law ami their 
 customs, but final ajipeal could always be had to the king, 
 who belli court in his palace, surrounded by his bishops, 
 nobles, niar.shal.s, chamberlains and others. I'epin and 
 Charlemagne went a step farther ; unable [lersonally to hear 
 all the cases, they sent representatives of royal authority to 
 the difl'erent counties, charged to administer justice and 
 render judgment in appeal (A.Ib 779). This instituti<in of 
 //(/,vst i/diiiiuii'i, as they were called, tended to maintain the 
 counties under the king's authority, and to extend royal 
 jurisprudence, until, little by little, it brought uniformity to 
 the legislation of the country. The succcs.sors of Charle- 
 magne realized the importance of this institution and 
 endeavored to maintain it, but they had not sulVnieiil jiower 
 in themselves, and the counts to whom the government of 
 the provinces was entrusted l)eeaine in<lepend.>nt, and (laul 
 
XI 1 
 
 irrSTOlifCA L nUTLlNK. 
 
 I I ! 
 
 lis 
 
 
 I 
 
 
 i til 
 
 ; ; 
 
 CL'asinf,' to 1)0 a coinpiict nation, became again an asseniblago 
 of small statics, as Ijcfovi^ tlui Roman comim'st. Tlu; central 
 authority having lost its sway, forco became the only guaran- 
 tee of freedom, an«l woo to him who was unable to defonil 
 1 , Mself, ho anil his possessions wore at the mercy of who- 
 ever could take them. It was a verital)le time of " Let him 
 take who has the power, and let him keep who can." From 
 such a condition of things originated the custom of the 
 small proprietor making over his property to the greater and 
 more powerful lord, whoso protection he claimed, and such 
 was the origin of feudalism. E.xisting as a custom, Charles 
 the Bald made it law by jiis famous capitulary of 877 A.D., 
 given at the Diet at Kiersy, by which anyone desiring to 
 renounce the world — become a recluse — -could substitute his 
 son, or other capable relative, in his place, and with his 
 power and privileges. In the event of the death of a count, 
 his nearest relatives, the oth(!r county officer.s, and the 
 bishops of the diocese, administered until the king was able 
 to invest the son with his proper honors and dignity. The 
 feudal system was completed after the expulsion of the 
 dynasty of Charlemagne, by the advent to the throne of 
 Hugh Capet A.D. 987, a lord, who although taking the title 
 of king, was not the chief among his peers. At this time 
 the i)opulation of Gaul was divided into three classes— 
 jiosses.sors of tiefs ; villeins or farm laborers ; .serfs or slaves. 
 The first comprised the lay and clerical aristocracy, .some of 
 wliom recognized allegiance to nobodj', and barely 
 acknowledgiid the moral supremacy of the king. They were 
 .seigneurs of other vassals, who were themselves .seigneurs, 
 each absolute in his own domain. The second cla.ss was 
 subject to the feudal seigneur, whose lands they cultivated, 
 paying therefor certain annual dues. The third class was 
 composed of slaves belonging to the land, and at the absolute 
 mercy of the seigneur. Royalty understood that to main- 
 tain ascendency over the seigneurs, the support of the lower 
 classes was necessary, and, accordingly, we find that in the 
 nuddle ages it facilitated the emancipation of the communes 
 and gradually regained its ancient rights of jurisdiction. 
 Amid all these os'erturning.s, voluntary jurisdiction, like 
 civil and criminal jurisdiction, became patrimonial, that is, 
 became incorporated in the hereditary domain of the count, 
 who succeeded to the full control of voluntary as well as 
 civil acts, and before him all contracts were passed. ISut by 
 tlie side of and associated with the count, was the chancellor 
 or notary, who was charged with the drawing up of the 
 judgments and of acts of every kind. The function of this 
 officer Wiis mosl important, his declaration under oath made 
 full proof in courts of justice, his responsibility was great, 
 he could lie calleil ujion to sustain at arms the truth of what 
 he had written. Cienerally he only of those who composed 
 the court of justice could write and understood civil law 
 and procedure and the formalities necessary to the valiility of 
 jirivate agreements. It is, therefore, not to be wondered at 
 that Charlemagne, in a capitulary of 80.'5 A.l)., onlcred his 
 mixifi i/iiiiiiiici to choose and .iiijioint in each locality notaries 
 whoi,-. they were to name to liim on their return. " Charle- 
 magne," says ^^prlin, " was the first who gave notaries the 
 
 power of investing their acts with public authority iwjadices 
 fharliihirii, whiiOi would seem to indicate that the great 
 p. ..ico had at that time conceived the idea of notaries as they 
 exist to-day." Later on, the same emperor obliged tlie bishops, 
 abbots and cotnits to have each his notary, and so when the 
 .seigneurs came into power in their respective duchies, 
 counties ami seignories they found tlu! voluntary jurisdiction 
 almost entiri^y in the hands of the chancell irs or notaries 
 who were also clerks of their tribunals. Oradually the 
 counts found the burden of dispensing justice too heavy, 
 and ajipointed judges or magistrates, before whom, in their 
 name, all manner of deeds were passed. On the other hand, 
 a If rge number of cities had the power through their i-nrics 
 of giving authenticity to acts, .so that voluntary jurisdiction, 
 or the right to establish and authenticate private conventions 
 or agreenient.s, belonged to the judges re|iresonting the 
 seigneurs and to the municipal magistrates, who had their 
 clerk.s, notaries, &c., who, by special knowledge which was 
 not possessed l)y their superiors, and their continual contact 
 with the public added to this experience, gave theni a rela- 
 tive influence and allowed them to receive the emoluments 
 for the drafting of conventions for which tlio presence of the 
 judge was not neces.sary. And ,so they executed acts of 
 voluntary jurisdiction in the absence of the judge. Priests 
 also drafted contracts, wills and donation.s. A capitulary of 
 Charlemagne forbade them, but permission was subseciui^ntly 
 obtained, and in their ranks are found the clerks whoso 
 name was given later to the keepers of the court rocoitls, 
 and is still given to writers in notaries' otticcs. In fact, any 
 one knowing how to write could be witnessing drafter of 
 private agreemonts. To read and write, and liav»; some 
 notions of law, in a word, to formulate a judgment or 
 proces-vcrbid, setting up any convention whatever, indicated 
 uncommon learning. In the sixth ccntuiy, all the great 
 municipal schools of Gaul had disappeared, a few >■ -clesias- 
 tical schools alone existed, they trained only clerks who 
 learned but theology, rhetoric, and what was strictly 
 neces.sary. In the seventh and eighth centuries, (iven 
 theology shared the fate of the other sciences. Charleniagiie 
 being seized with a sudden passion for science and literature, 
 invited all the bi.sliops and abbots of the kingdom to re-open 
 alongside the cathedrals the ancient schools, and invited the 
 loaruiHl men of the day to his court, I'eter of Pisa, Alcuiii, 
 Clement of Ireland, Eginhard and others. The Palatine 
 Academy, over which he presided in person, revived all 
 branches of learning, and llu'ir comi)lete restoration seemed 
 possible, but day never broke, and the darkest night 
 succeeded the dawn. In the tenth century the most utter 
 darkness reigned, and the gro.ssest ignorance, persons in the 
 highest ranks and most exalted stations could neither read 
 nor write. In the eleventh century a taste for study began 
 to revive, and at length, in the twelfth century, minds 
 expanded, the desire for knowledge was felt. The study of 
 Roman law was restored to a place of honor. The Univer- 
 sity of Paris was founde(l, and contributed the whole weiglit 
 of its influence and privileges to the revival ')f cla.ssics. 
 The middle age slowly enu'rged into civilization, though, the 
 
 
HISTORICAL OUTLINE. 
 
 Xlll 
 
 clcr;,')' excepted, ij^'iioiaiii'i' wii.s tliii nilo and kliowludgo llu: 
 exception down to the end of the fourteeiitli eciitury. The 
 lUiiU'chy whieli desohited France under tlie rci;,'ns.sul)se([uent 
 to Charlemagne wars, invasions, and tlie like, destroyed the 
 ctrect his capitidaries might have produced. Far from any 
 good institution being horn in those ignorant and lii uarous 
 days, the existing ones were destroyed. Tiiu right of 
 dispensing uistico was adjudged, as all other rights in tlu? 
 domain to tue highest bidder, who became as well judge as 
 the receiver of the fines he imposed, and the ijri'ffi' and 
 notavicU formed part of i\w. adjudication. Under such a 
 rcijiine all ideas of justiei^, security, and jiroperty were 
 destroyed. This state of things lasted more than two 
 centuries, but the alliance between the people and royalty 
 began to bear fruit, communes were established in the cities, 
 the jieople gathered under their banner.s, and could at last 
 breathe, defend themselves against the despotism of the 
 .seigneurs, and administer their own interests. Thanks to 
 this greater security, ownership became better established, 
 the institution extended itself, law re-appeared, and the 
 notarial profession eslablisliiiig itself, little by little, brouglit 
 to the development of the public welfare its powerful 
 support. But it fell to the lot of Louis IX. to revive and 
 carry out tlie intention of Charlemagne. iU', changed the 
 existing state of affairs and established a better order of 
 things. He ajipear.s, however, to have occupied himself 
 only with the jurisdiction of Paris, the seigneurs of the 
 great tiefs having made themselves virtually independent, 
 he could not impose a law on them, but set an example 
 which was gradually followed in proportion as the desire to 
 imitate seized the seigneurs. The Provost of Paris at that 
 time controlled all branches of the administ. tion. Louis 
 relieved him of all that had relation to the numagement of 
 public funds, and left him oidy the duty of dispensing 
 justice, an ottico no longer put up at auction. The King 
 named the provost and charged a receiver with the adminis- 
 tration of the domain, l)ut more important than all these, he 
 ai)pointeJ sixty notaries as public otHcers to receive all acts 
 of voluntary juri.sdietion, and by their attestation to impart 
 to such acts the force and character of public authority. lie 
 imposed on those notaries the following obligations : — 
 L That they sliould be assiduous. 
 
 2. That they shouhl only pass acts in the ehutelet where 
 they had a connuon hall in which to establish thoir offices. 
 
 3. That they should head or intitule their acts in the 
 name of the I'rovost of I'ari.s, and speak of themselves in 
 the third person only. 
 
 4. That two notaries wo\ild Ix' required to receive all acts, 
 and that they should together take them to the Keeper of 
 the Seal, who had his oifico near theirs, and who, on their 
 testimony ap|iosed, under the authority of the Provost of 
 Paris, the .seal of the jurisdiction of the ehatelet. 
 
 5. That they should pay the king three-fourths of the 
 fees. 
 
 In an ordinance of the year 1300, Phillip IV. says that he 
 had for a long time been awtiro of the ninny inconveniences 
 resulting from the multitude of notaries at the ehatelet, 
 
 which leads to the assumption that their establishment was 
 even then very ancient, since their number had increased 
 to such a degree that for a long time the King had been 
 contemplating a reduction. Their number must indeed 
 have been great, since Philip thought it sufficient to retain 
 sixty ; and the importance of the olHce must have been 
 proportionately great, since ho issued no less than twelve 
 ordinances concerning notaries during the years 1300 to 1304. 
 l!y one of these, dated 1302, thi; King established notaries 
 in all the royal jurisdictions, and forbade the apiiointment of 
 clerks of judges as notaries ; and his example was speedily 
 followed by the chief barons and dignitari(!sof the kingdom. 
 15y an ordinance of July, l.'50-t, he ordered notaries to tran- 
 scribe their acts on registers chosen for the purpose. This 
 obligation was not imposed on the notaries of Paris, who 
 continued to deliver to the parties the brirf><, or rethi/is of 
 their acts until in the year 1437, Charles VII. enjoined 
 ujion tiu'iii to inscribe in the same manner as the other 
 notaries. In a note on the third of thes(^ regulations. 
 Do Lauriero says that the Provost of Paris had transgressed 
 the ordinance, whicli was tlie cause of this third regulation ; 
 from which it would appear that tiie notaries of Paris were 
 comniissioned by the i)rovost, but he was not left the solo 
 dispeiKser of these places, for, liy an ordinance of May, 1313, 
 Philip ordennl that inasmuch as several of tlie notaries at 
 the ehatelet had not the reipiisite ipialities and capacity, 
 they .shotdd be removed by the commissioners whom he 
 apiiointed for the purpo.se, w1u) should rejilace them by 
 capable per.sons ; and who should also suspend those notaries 
 who were proved guilty of any charges or eompliiints brought 
 against them. l'>y an ordinance of February 1327, Philip 
 VI. ordered tluit in the event of a vacancy occurring by 
 death, or otherwise, in one of the sixty notarial olHces at 
 Paris, it .should bo tilled by a capable person selected and 
 appointed by the chancellor, who was to be assisted for such 
 purpose by four judges or eouueilliu's of his court or parlia- 
 ment, and l)y the Provost of Paris. It is further stated in 
 the same ordinance, that the notaries were appointed by the 
 provost, but this must be taken in connection with the 
 preceding part of tlie ordinance. From this time the number 
 of notaries was increased during the dili'erent reigns, and 
 tinally fixed at one hundred and thirteen l)y letters patent 
 of Louis XIII., dated in October, 1639. In the year 1493, 
 Charles VIII. separated the record offices and nutariats from 
 the offices of provost and bailiffs, and farmed tliem out. In 
 the year 1537, Francis I. insisted on the observance by the 
 notaries of Paris of the law of Chnrlos VII. of 1437, whicli 
 required them to transcribe their deeds in registers, which 
 had fallen into disuse, and as the notaries obeyed, he, in the 
 year 1541, released them from the obligation of writing with 
 their own hands the i/ronne^, which could be done by clerks. 
 It is worthy of note that the first notaries of France could 
 only receive, as at Konie, minutes of the acts, the grouses of 
 which were drawn by tabellions. Louis IX. united the 
 functions in the notaries of Paris, and in 1302, Philip IV., 
 after the example of Paris, accorded the same [)rivileges to 
 notaries throughout his domains, and in a few years the 
 
!l 
 
 XIV 
 
 HISTORICAL OUTLINE. 
 
 ■f 
 
 Jl 
 
 l:!! 
 
 ]iractice was iiiloi)t("(l tlir(iuj,'liciiit Kiiiiicc. I>y the same 
 (uclinancc, I'liilip iV. iinally siillleil the tlifreivnccs which 
 had long existed hotwecn judges and notaries, tlio right of 
 judges to use tlieir cJerks as notaries heiiig withdrawn, and 
 tlu' king reserving to himself and successors the power of 
 appointing notaries, to whom was entrusted the voluntary 
 jurisdiction formerly exercised liy the ordinary judges. 
 "Tlieir power," says LaRoipie, "appears even greater than 
 that of judges, because no appeal lies therefrom." The suh- 
 soiiuent appointment of taliellions, depositaries of deeds, and 
 guardians of seals, was only temporary, and did not affect 
 the authenticiiy of notarial acts, an-' those titles were 
 re-united hy an edict of Henry IV., in May, 1597. 
 l>y an edict of March, 1073, I,ouis XIV. created for the 
 city of I'aris twenty king's counsellors clerks of the 
 assembly; but, by another edict of August, 1673, he 
 abolished these twenty offices and united their functions to 
 those of the one hundred and thirteen notaries at the 
 Chiitelet of Paris. By this second edict, the king declared 
 that he was all the more willing to make this su]>pression 
 and union, since it gave him an opportunity of testifying to 
 the notaries of Paris the high opinion h(* had formed of 
 their good conduct in thi; discharge of tlieir <luties, by 
 giving them marks of honor to distinguish them from all 
 the other notaries of the kingdom ; and for that purpose he 
 granted the title of King's Counsel to each of them and 
 to their successors. As we have already seen, the tabellions 
 at Rome were distinguished from the notaries. Tlie duty 
 of the latter was to draft the deeds in shorthand ; but these 
 deeds were only binding after they had been written out at 
 full length by ^he tabellion and the parties had attached 
 their signature or seal ; so that it was the tabellion who 
 wrote the deed itself. A somewhat similar distinction 
 existed for a long time in France, but with thi.' '.ifference 
 that the notaries only passeil and received originals of their 
 deeds, which, if made vn hri'vd, they could deliver to the 
 parties; but, if made rn minute, they had to take them to 
 the tabellions, who prepared and delivered the copies or 
 fffosses of them to the parties after having scaled them. 
 After a time these offices were united ; but by an edict of 
 November 1542, Francis I. thought proper to again separate 
 the offices of notary and of tabellion. The notaries of Paris, 
 liowever, as enjoying special privileges over all others, still 
 continued to unite in themselves the functions of the two 
 offices of notary and of tabellion, functions that were dis- 
 tinct and incompatible witli each other in all other parts of 
 France. There were in France t'.vo kinds of nc.'taries, the 
 royal notaries and the seignioral notaries ; to which might 
 be added a third, called the apostolic notaries, whose duties, 
 liowever, were restricted to the pu.ssiiig of those deeds only 
 that concerned ecclesiastical matters and benefices, or livings. 
 The royal notari(!s were those who were appointed by the 
 king in each royal jurisdiction to pass deeds between all 
 persons, whatever their quality might bo, and wherever 
 domiciled, provided such deeds were made within the limits 
 of the jurisdiction or department to which the notary was 
 attached. Only the king had power to create royal notaries. 
 
 as ajipt'ars from the onlinance of Pliilip IV., dated in th(! 
 year 1302, and of Louis XH. of the year l.MO. This was 
 in accordance with the rule of tlie civil law " Profi'slas 
 cvpandi Natarios TalnHuinvi^, rd nctnaviox, wl Iiiijirraturcin 
 2>i'rtiiii't." The right of apiioiiitiiig notaries being then a 
 royal prerogative, the seigniors had not tl.u right of creating 
 notaries in their seigniories, except when the jiower to do so 
 had been specially granted to them by the king. Concern- 
 ing the effects of contracts pa.s.sed before the royal notaries, 
 it may be observed : 1st, That they bore hypothec upon the 
 ju'opeity of the debtor, in whatever jiart of the kingdom 
 such pro)ierty miglit be situate ; ami, L'lul, they could be 
 ei/foroed and executed all over France, provideil they were 
 sealed with the royal seal of the jurisdiction in which the 
 notaries who passed them were matriculated. The reason of 
 this was that the seal was the authentic! sign of theautliority 
 given by the king to the deeds passed by his officers ; so 
 that, when an act was sealed it had an execution paree, that is, 
 it was executory without any judicial order or .sentence. 
 The seigniorial notaries win; tho.se appointed by tl'.e seigniors 
 to receive all deeds and contracts, inter -rimx, and testament- 
 ary dispositii.us of prisons domiciled within the limits of 
 the seignorial jurisdiction in which the notary was eniolled. 
 AH seigniors had not the right of a])pointing notaries and 
 tabellioiLS, for it only existed so far as the ]irivilege had been 
 si)ecially granted by the king ; so that a seignior who had 
 the droit de Justice, or right of exercising judicature, had 
 not always the right of apjiointiug notaries or itrait ile 
 taJiillionaye, as it was technically termed. Two conditions 
 were es^ontial to the validity of the deeds received by the 
 seigniorial notaries : 1st, thai they were jiassed within the 
 limits of the seignorial jurisdiction to which the notary was 
 attached ; and, 2nd, that tliey were made between parties 
 domiciled there. To this second rule there was an exception 
 in the case of wills, for the validity of which it was not 
 necessary that the testator should be domiciled wlicre the 
 will was made, but only that the officiating notaries were 
 within their jurisdiction : otherwise it might freipiently 
 have happened that travellers would lie debarred from 
 making their last wills. In this second pr.rticular again the 
 .seigniorial notaries differed from the rtjyal notaries, who, as 
 we have already seen, couM receive all deeds between all 
 persons, whether domiciled or not within their jurisdiction. 
 For this reason, the ordinance of 1539 enjoined on all 
 notaries ami tabellions to mention the domicile of the 
 parties in the deeds they ]iassed on jiain of dismissal from 
 office. Deeds passed before seigniorial notaries, acting 
 within their jurisdiction, and between parties domiciled 
 there, had two principal effects : 1st, They bore hypothec on 
 all the property of the debtor in whatever 'vart of the king- 
 dom it might be situate ; aixl in this respect there was no 
 difference between them and the deeds of royal notaries ; 
 2nd, they could bo executed against the property of the 
 debtor situate within the particular seignorial jurisdiction 
 where the deeds were passed, provided they were sealed with 
 the seal of such seignorial jurisdiction ; and, outside of such 
 jurisdiction, they could only bo executed by virtue of a 
 
HISTORICAL OUTLINE. 
 
 XV 
 
 judicial nrdor. In this particiilar tlipy (lifforetl from tlio 
 deeds of royal notaries. The seigniorial notaries were 
 restricted to making deeds between these persons only who 
 were doiiiieiled witliiii tlieir resi)ei:tivc jurisdictions, because 
 they were the notaries of jiarticular seigniors, whose anthority 
 and jurisdiction extended only over their own vassals ; and 
 the powers of such notaries, being limited by law, could not 
 bo enlarged by the mere consent of the contracting parties. 
 On the other hand, the royal notaries received their authority 
 from the sovereign, himself, whose power extended over all 
 persi. »esi lingin the kingdom, and they could conse(|Uently 
 make deeds for all parties, no matter what their domicile 
 might be, provided th(! deeds were [)assi d within the juris- 
 diction of such royal notaries. All notaries, whether royal 
 or seigniorial, who exercised their office outsido of the ter- 
 ritorial limits of the respectiv(^ jurisdictions to which they 
 belongiMl Were, with the exc(!plion of the notaries of Paris, 
 of Orleans, !Uid of ^Fontpidier, regarded as private persons 
 oidy ; and the deeds so passed as private writings only, 
 which could not be executed against the property of the 
 debtor, exceiit under the authority of a judicial sentence. If 
 sucli a deed haiipened to be a donation, which, in order to bo 
 valid, had to lie nuule before a notary, it was, in con.sec|Uence 
 (if its being pa.s.sed before a notary out of his juri.sdi(;tion, 
 lield to have been so executed before a private person only, 
 and was, therefore, voiil, and could be revoked by the donor. 
 -Viul, if it were a will, it was absolutely void. If, however, 
 the deed were a contract of an or<linary nature, the in- 
 cajiacity of the notary was not an absolute nullity, it simply 
 deprived the deed of its public character, the consent of the 
 parties remained, and the deed was as good as a private 
 writing ; but with two serious defects, it carried no hypothec 
 and it had no immediate execution npon the properly of the 
 debtor. As just intimated, the notaries of Paris, of Orleans, 
 and of ^lontpeliei had special privilege:-, and could pass 
 deeds in every part of Franco, but with this dideience that 
 the notaries of Orleans and Montpelier could not exercise 
 their profession at Paris, while the notaries of Paris could 
 pa.^s deeds at Orleans and Montpelier. An inventory, for 
 exampli', connnenced at Orleans, or any other place, where the 
 deceased had his domicile, could only be continued at Paris, 
 where other property of the succession might bo situate, by 
 a notary of Paris. In the year 1575, Henry III. created a 
 Ganlii-Nule in each royal capital or jurisdiction, to have the 
 custody of all the nunutes of notaries after tlioir death, or 
 after their resignation of oiHce. Piofore this edict, notarial 
 minutes were deposited in the O'lvffr, and the ijirffler 
 delivered copies to the parties. Four years afterwards the 
 olRce of (lanlcx-Ni)t<.i was abolished and united to that 
 of notaries. And in 1597, Henry IV. nnited the olhce of 
 tabellion also to that of notaries ; so that from this time the 
 royal notaries were called notaries, and the notaries of 
 the seigiuories and of inferior jurisdiction had applied to 
 them, by way of distinction, the term tabellion. The ofHoe 
 of notary now comprised the three offices of notary, tabel- 
 lion and <janl>j-?iute, and it was in the first of these capaci- 
 ties that notaries passed deeds ; as tabellions, that they 
 
 delivered copies of them ; and as (jardm-miti's 'hat tluiy had 
 the custody of the originals of the deed.s .iiey passed. 
 Finally, liy an edict of Louis XIV., of November, IGyG, 
 and by a declaration of l)ec('m))er, 1697, notaries were 
 furtlier given authority to seal their dee<ls themsolve-s, 
 as though their offices wore not only a tribunal of voluntary 
 jurisdiction, but also a court of law, from which therr issued 
 nothing but what bore the character of public i uthority 
 with which tiie sovereign had invested thcni. Each notary 
 was now reipiired to ))rovide himstdf with a .seal beaiing the 
 royal arms with which to seal his deeds ; and this power of 
 sealing their deeds themselves was a grand prerogative, since 
 by virtue of the sealed deed that issued from the notary's 
 ollicc, immediate execution could be levied again.st the 
 property of the debtor without the necessity of a recourse to 
 a judicial sentence, lieforo I.ouis XIV. conferred on the 
 notaries of Paris the title of King's Counsel, they styled 
 themselves mitairi's d (jardes-notos, and generally began 
 their deeds with the following formula ; — Pnriliu-anf A. Ji. 
 ct C. J)., No/airei> ct (lardes-nutcs da liui, notru sire I'li non 
 Clidti-lct de PanH, mussujnes, farent premms, tjv., but after- 
 • ards they called themselves King's Counsel and notaries, 
 and began their deeds with this heading : Pardrvant nons 
 A. B. ft C. D., Consi'ilhrs dii Riii, mdaircs dii CliAtelet de 
 Parin, nonssii/iicti, fturnt presenit, i|v. A practice obtained 
 in ancient deeds of expressing certain formal clau.sos by 
 means of an &c. This was done in order to shorten the 
 deed ; and the custom was derived from the second mode of 
 stipulating, calliid rcrhis, in use among the Ronuins. Under 
 tlie Roman law an agreement became a contract, that i.s, 
 bad a right of action attached to it, when it was made in 
 any of the four \ay,s, expressed by the words ri'-vmhis 
 Utteris or consensu. The oldiijatio vcrliix was contracted by 
 oral question and answer between the parties, who ma<le use 
 of a .soleuni form of words giving validity to their agree- 
 ment. The creditor asked the debtor if he prondsed to do 
 or [lay what be had agreed, and his answer made the obliga- 
 tion perfect. Simiidi'n 'I Do you engage yourself ? Spundio, 
 I do engage myself. ProiiiitHn, Do you jiromiso ? Promitlo, 
 I do pronuse. From this custom the expressions promi'ttant, 
 ^■i:., obUijc.aut, ijr., came into u.se among the an^ French 
 notaries, and are to be constantly found in our own 
 notarial deeds at the piesent day ; althougli the clauses 
 which these and other abbreviations represent have no 
 legal meaning or effect in onr sy.stem of jurisprudence. 
 There were a great nund)er of these abbreviations in use 
 among the ancient French notaries, such as car aiiisi, tjr., 
 auijurl lieu, cjv., and nunobiitaut, cjv., remmi^ant, cjv., trans- 
 piirtant, ijc, drgmisismnt, tj-c, ronfinuant, tj-c, and a num- 
 ber of others. And with regard to these expressions it may 
 be stated, that many of them were ditt'erently interpreted in 
 different deeds ; their meaning and effect varying according 
 to the nature of the deed. Sometimes, for example, the 
 proiiiettaiif, ijv., (iJiIiijcant, 4'<-'-> would be reciiirocal, some- 
 times not. It is not necessary to give the extensions of all 
 these abbreviations, nor to e.xplain the various meanings of 
 which many of them were susceptible. The rar aiiisi, 4"<'., 
 
 AuJ'l'-.',^ '", i/iKum- 
 
XVI 
 
 lIlSTi )1UCA L OVTLINK. 
 
 % 
 
 meant car aiim il a He convonu entrc h'S parties, am\ othor.s 
 of these iililirevintions, will ])roRontlv lie fouiul extenilod into 
 their formal cliiusus. licssides the (.rdinary copy or literal 
 transcript of tlio oriyinnl ot a deed which the notary could 
 deliver to the ]>artiea whenever and as often as required, and 
 Avhich was called the i-j-pnlitinu, or rapii' ; there was another 
 kind of copy termed the gnim; which was also a copy of 
 the deed, hut was eni,'roRsed on parchment, and nuidi- in the 
 executory foriu, that is, in the form in wliich the jmlL,'ments 
 of the courts were generally rendered. TJic (/rnxst: of a 
 contract coidd only he f,'rante(l hy the notary who had the 
 custody of the ori^'iual, and only to the Jiarty in wIk <e favor 
 the contract was passed, that is, to the creditor, and not to 
 the dehtor, and only in respect of those deeds that were 
 made en minute, and contained a contract or en^'a^'oment, 
 conirat ohliijatnin; and not of these deeds that were not 
 ohliijatoires, such as inventories, i^-c. It was hy means of 
 this ijrosse, after it had heen projierly sealed, that execution 
 could he levied on the property of a defaulting de'.tor. The 
 notary who delivi'red the iirnnnt' made mention of it on the 
 margin of the original ; and the ordinance of Francis I. of 
 August, ir)39, article 178, provided that when a notary had 
 once delivered the [frmi^e of a contract and ohligation, 
 conirat oblii/atoire, he could not deliver a second, except hy 
 order of the court rendered after hearing the parties. The 
 grusse generally hegan with the words, "A tt»ii^ enix (pii crs 
 Prenentes Lettrcn rrrronf." Then followed the names and 
 quality of the chief magistrate or judge of the court of law 
 of the ])lace where the deed was passed (at Paris, it was the 
 provost), and this was done hecausc a deed passed heforo 
 notaries was regarded as a voluntary judgment rendered hy 
 consent of the parties, and, in order to give it the legal effect 
 of a judicial sentence, it had to hear the name and 
 quality of the magistrate in whose name judgments 
 were rendered in t\\i jilace where tlie deed was passed. 
 After the magistrate's name and addition came the words 
 Sahit, S(;ai-oir fai^-'ins, que panlermif, A. B. et C. D., no- 
 tairea, etc. There then followed a copy of the deed at 
 length, as in the original, hut witli the ditlerence, however, 
 that in place of writing, as at the end of the original, Et 
 pour I'execii t ion i/eti present en, i^r., amjiiel liiu, ij-c, noniil)dant, 
 4'c., promettant, ^r., oltliijeant, ijr., vnoneanf, tjc, the 
 clau.ses thus alihreviated in the original would he written at 
 full length and in the (/rotfxe, as follows : — Et ponr Vi.recution 
 (les presenter, lisixirties out elii leiir'Jomieile irrernralileen leiir 
 demeure il Pariis sim-ittv/are, or wherever the parties made 
 election of domicile aiKjiiel lien ils ennsenlenf ijiie toim ei-- 
 ploits et Arte.'i de Justice tjni ij seronf faits et donnes soient 
 mlalile.'<, nonotistaid eliamjenient de demeure, promettant exe- 
 cuter ces Pregenten en tout lenr cimtenv, whne rendrc et jtayer 
 tout anlts, f rain, mines, depena, domiDaijes ^- interets, rjui ne- 
 raient faitn et ejirourns; faute de la dite ecution, sous 
 Vohliijation et /n/pof/iei/ne, de tons lenr biens menliles et im- 
 meuljles, presens et arenir, ijn'ils <mt pour ce sonniis a la dite 
 Jurisdiction, renoni;ant en ce/aisanta toutes choses contraires 
 d, ceji dites Presentes que nous arons fait seellees par le dit A. 
 B. Ndtaires et qui furent faites et passees en sun etude, or 
 
 other places ns the case might be, (I'an) tel an (le) tel Jour 
 et ont siijni la minute des Presentes, denieuree au 
 dit A. B. I'un des dits Notaires soussii/ni; when the deed 
 was ])assed hy the notaries of a jiu'isdiction where there was 
 neither provost nor magistrate, hut only S(mui suhordinate 
 official, the i/rosse was not made in the name of this inferioi' 
 officer, hut simply commenced as follows; — A tons ceux qui 
 ces Leftres rerront : Salut : S(;ari)ii faisnns que parderant 
 A. B. et C. J)., Notairis de furent presens, ^V., and 
 
 concluded with ; — En tenivin de ee nous dits Notaires arons 
 appose le seel Roijal du dit Notarial <t ees Presentes, qui 
 fureut faites el j^assees, i^-r., when there was another deed to 
 copy, in continuation of a </rosse, it was continued in the 
 same executory form, as follows •.—Plus, or Comnie anssi 
 salut, searoirfaisons, que parderant les Notaires soussiijui-s, 
 sonf compiarus, '^•c, when the (jrosse of a enntrat ohlii/afnire 
 was lost, or if it were defective in point of form the creditor 
 could only ohtain, and the notary could oidy deliver a second 
 Ijrosse in conformity with the ordinance. The creditor had 
 to sinnmon the dehtor to appear hefore the judge, before 
 he could obtain a judicial order on the notary for the de- 
 livery of a second (jrosse. If the debtor opjiosod the petition, 
 alleging tbat he had paid the amount of the obligation, the 
 judge would order the creditor to prove the loss of his deed, 
 and the debtor to prove his payments. If the ju<lge granted 
 tlie order for the delivery of a second ijrosse, the creditor had 
 to serve a copy of the judgment on the notary ; and, in 
 making the second grosse, the notary had to mention tliat it 
 was a second one, a'"'i was delivered hy him in conformity 
 with the judge's order, which the notary annexed to his 
 original, and a copy whereof he transcribed at the foot of 
 the Ijrosse. The ordinance of 1539 provided, moreover, 
 that a second i/rosse should liear hypothec on the property of 
 the debtor from the date oidy of its delivery, and not from 
 the date of its obligation. The object of this was to pre- 
 vent the revival by collusion between the parties of an old 
 debt to the injr'-y and lo.ss of sub-sequent creditors, which 
 might happen in cmses where the obligation had lieen really 
 paid by the debtor and his payment endorsed by the creditor 
 on the first ijros.'ie. In such a case the creditor might, by 
 collusion with the debtor, pretend that he had lost the first 
 Ijrosse in order to obtain a second (Uie which, if ranking 
 from the original date of the obligation would give him a 
 preference over sulisequent honafide creditors. To obviate 
 a fraud of this nature the hypothec took effect only from the 
 date of the second ijrosse, and th(! ordinance was so rigidly 
 interpreted hy the Parliament of I'aris that, for a long time, 
 its jurisprudence afforded no relief to the creditor who 
 established by credible evidence the non-payment of the 
 obligation, and the destruction by fire or other accident of 
 the first f/rosse. Later jurisprudence, however, made no dis- 
 tinction between the legal effect of a first and a second ijrosse. 
 As the object in delivering a copy in the shape of a i/rosse, 
 that is, in the executory form, was .simply to give the parties 
 the means of seizing the property of the dehtor, it was only 
 to these parties who were entitled under the deed to .such a 
 recourse and whose claims were certain and determined, that 
 
IllSTOlUCAL OUTLINE. 
 
 XVll 
 
 tlin notary could <k'livfr n (ivaxm: Tf tlicn! wcro Ri-voral 
 such criMlitors, cucli of llicni was ciititliMl to a ;/;•-,>■,■,■'• df tlio 
 deed, and llio notiirv coulil di'livcr ns niiiny lirst ;/c«w.sv.s- ns 
 worn rcquircil liy uu'iidoiiin.i,' at the cud of each ;//v),i.sv the 
 name of tlio jinrty to whom it was dcliviTcil, ami hy makiiij,' 
 a similar mention <in tho niarj^'in of the original. I'ut a 
 second ijraxsr could not he (h'livcved to tin; same jiavty, or to 
 his rciiresentalives, except hy virtue of a judicial (uder, as 
 already stated. And, in 1791, all distinctions hetweeu 
 notaries whose cnmiiiissions were received from kinj,'s or 
 from seigniors, and who had horiu' the respective names of 
 royal notaries and seifjniorial notaries were removed, and 
 notaries apiioinled without other distiTiction. Althouj,'h 
 voluntary jurisdiction was separatiul from contentious juris- 
 diction, it is known hcyond douht that notaries continueil to 
 ho considered as oflicers also of the latter jurisiliclion. Kntil 
 the Kevolution the notaries of I'aris hore the distiiu;tion of 
 A'litairrii an C/nl/r/rf ilr Pnri.i, and iutitided their ///vwwx 
 in the name of the Provost of Paris, and sealed theui with 
 the city seal. Tiiis may he explained hy the fact that when 
 Louis IX. appointed sixty notaries, the law which rendered 
 their acts executory without havinj; lec'ourse to the Provost 
 of Paris did not allow them to receive acts elsewhere than 
 in the Cliutelet, where the Provost of Paris held his court, 
 and, indeed, as we have already seen, a hall was there set 
 apart for them in which to havi; their ollices. In withdraw- 
 ing the notaries from their dependence oil the provo.st, it 
 was desired that tjiey shmdd remain under the eyes and in 
 the sanctuaiy of justice. Tiiis is not all, H was then .so 
 customary to pas.s acts, which in etrect were judj,'ments, that 
 the prince wished tlie.se first notaries to intitule their 
 acts in the name of the jn-ovost. Finally, we will ohserv: 
 that the nomination of notaries was left to the choice .ir the 
 ]>rovo.st, who could auj^qiu'ut the uuudier if exii,'eney rei|uired. 
 Although we have not the edicts relative to the creation of 
 new notaries, everything tends to .shew they were appointed 
 on the same hasis as tho.se of Paris, and, therefori>, placed 
 under thi' sauu; obligations. I'.ut, linally, the links eomu'ct- 
 iug voluntary and contentious juri.sdietion were entirely 
 hrokeu hy the laws of the Cth October, 1791, and XXV. 
 Ventose, An. XI. The first suppressed all orders of notaries, 
 who were divided, as we have already seen, according to the 
 authority which ap|iointed them, into untairr.i roijadx and 
 natairif! xi'iijniiiriaii.i; and, also, iinlairrK n'n'/x and »(i/a/;vs 
 I'cch'siagfiipii'n^ when appointed by the Pope, bishops, abbots, 
 and corporations having the right so to do, and established 
 notaries judilic. The second adopted the same principles, 
 with some modification.s, and is still the exi.sting law in 
 France, and is diviiled into three; parts. 'I'he llr.st regulates 
 the function.s, juri.sdicticm and duties of notaries, the deeds, 
 and their form, originals, ijriimtfis and copies. The .second 
 fixes the number (for in France the nund" . is limited) and 
 residence, and the .security to be given hy notaries, the con- 
 ditions of admission, and the method of their appointment, 
 the institution of disciplinary boards, and the custody and 
 trans)iii.ssion of originals. The third contains some general 
 and temporary provisions. In lielgium, where the luit. rial 
 
 ))rofession also ohtains, the law of the fith Octoher, 1791, 
 was )int in force by a decree of the Executive of the Three 
 Prairial, year 4. An ortlinance of the ttli January, 1843, ia 
 impcutant as relating to the organizatii.:i of boards of 
 notaries and notarial discipline, but its jirovisions need not 
 be here cited, they having no immediate intliienco on the 
 laws allecting the notarial profession in (.'auada, to which it 
 is proixiscd to devote the remaining pages of tids treatise. 
 
 Canada. 
 
 About the year IGl'G, the troubles that had attended the 
 administration of aHiiirs in Canada, led the Cardinal Duke 
 de Kicludieu, then lately become master of the destinies of 
 France, to revoke the charter that had been granted to the 
 Company (Juillaume de Caen, and to organize a new fiallo- 
 Canadian Society of traders and colonizer.s, strong in point 
 of numbers and possessed of sullicieut means to defray the 
 cost of an extended emigration and to face war charges, 
 should hostilities with the natives of the country, or with 
 the neighboriug <'olonists of rival nations, at any time occur. 
 The formation of such a c<unpany Richelieu entrusted to the 
 Sieurs de Ri)(iueinont, llouel Lataignant, Dablon, Iliichesne 
 and Castillon, who undertook to associate other jier.sons 
 with themselves to the total nniuber of one hundred partners, 
 for the purpo.s(! of colonizing Canada, or New France, as it 
 was then generally calieil. To this company, indiirereiitly 
 termed the "Company of the Hundred Partners," the 
 "Company of Canada," or the "Company of New France," 
 Kichelieu granted a charter, conceding to it in perpetuity 
 the Vice-Koyalty of New France and Florida ; to the Crown 
 being reserved sovereign homage and the nomination of the 
 higher functionaries of the Cohuiial Supreme (.'ourts. At 
 that perioil the apjiellation " New France" was given to the 
 va.st region which now com|)ri.ses the Dominion of Canada 
 and a great part of the Tnited States, extending westward 
 to Lake Superior and down the Mississippi River to Florida 
 and Louisiana, thi! latter .state ndaining the French system 
 of law, including the practice of the notarial jirofcssion, as 
 in the Province of (,)ueliec. The charter or articles of 
 incorporation of the Com]iany were agreed upon between the 
 Cardinal and the gentlemen just named, and were signed by 
 them at Paris, on the 29th April, 1G27, and afterwards 
 formally acknowledged and accepted by the contracting 
 parties by a notarial deed, which, inasmiudi as it is of no 
 great length, and is of professional, as well as oi national 
 and historical interest, is here inserted : — 
 
 Aujourd'hui .sont comparns pardevant Pierre Paiipu^ et 
 Pierre (luerreau. Notaries Gardes-notes du Roi notre sire en 
 son (diatelet de Pari.s, soussignes, illustrissi'me Seigneur 
 Armand Canlinal de Richelieu, (liandi! jMaitre, chef t't 
 surintendant (Jeneral de la navigation et commerce tie France, 
 demeurant dans son Hotel a Paris, rue Saint Ilonore, Paroi.sse 
 Saint l''ustache ; Claude de RiKiueliKUit, F.cuyer Sieur de 
 I'rison, demeurant a Paris, rue du Temple, Paroisso de Saint 
 Nicholas des ehainjis, noble liomme, ^laitre Louis Ilouel, 
 Sieur du Petit Pre conseiller du Roi et Controleur General 
 des Salini's en Itroiiges, demeurant a Paris, riK^ ties liernar- 
 
XVIU 
 
 HISTORICAL OUTLINE. 
 
 h 
 
 iliiis, I'aroisso Saint Xicliolivs du Clmrdmiiict, taut pimr Iiii 
 (|Ui) pour iiolilc 1k)1iiiii(', Daviil l)iwli('snc, Coiisuillcr, Kclie- 
 viu (It! la villi! (hi llavrii-do-CJi'Aco, et pour noblo liommo 
 (lal)iiol (Ic l.utaij,'nunt, inajevir (lo la v'llt! de Calais, y du- 
 iiiourant ; iioblc hiiiuiiu^ Simon Ualdoii, Syndic d(! la , Jll(! d(! 
 nicpjic, ct y deni(!Uiiint, I'taiit aiissi do prcniiiit on cultu villo 
 (1(! Paris', loj,'e ruo Mi)nt(>vi.'U(il, vn la iiiaison di! chiival-blanc, 
 ditf paroisHi! Saint luistaclic ; ut lionorabli! lioinnii', .)a(!(iuc.s 
 Ca.stilloii, l>()ni'j,'('oi.s dc I'aiis, y denii!urant luo du Mon^'cau 
 et iiavoisso Saint (K!rvaia, li'S(|ui!ls ont roconnii et confessd- 
 avcii" accorde, 'lonvenu et signii les artich^s ei-d'!vant 6i'iits, 
 c .'ils pi'onietti'iit eiiti'ctenir de point en point selon leuv 
 / iriiic et teneiir, sans y conlrevenir. ri'()nii!ttant, il'c, obli- 
 jjei.nt, »V;c., cbacun en droit soi, r('non(j'ant, &c. Fait et passe 
 liar le dit Seiyneur Cardinal, en son 116tel devant d(!elar(!', 
 I'au IG'27, le jeudi vinj,'t neuviJ'nu! jour d'Avril avant-uiidi, 
 par Ic dit Sieur de Ro(iueniont, ea t'tudes des Xotairea les 
 dits jours et an ([ue dessns apres midi ; par les dits llouel et 
 Castillon, le lendeniain vendredi trentienie jour des dits niois 
 et an, (\s ditc ' .des lies Notaires ; et par le dit Dablon, le 
 inurdi (piatrii'me jour do niai, ajires midi, es dit(!s etudes des 
 N'otaires ; ainsi sij,'ne, Arinund Cardinal do Kielielieu, do 
 Ko(iueniont lliiuel ; Dablon, Catillon, I'ariiue, Guerreau en 
 I'original delaisse [lour niinute au dit (luerreau. 
 
 This aj,'reenient was afterwards ratilied l)y tlio Hundred 
 Partniirs by auotlior notarial deed, not of great length. 
 Indeed, it ia noticeable that for the puri>ose of avoiding 
 what was considered and declared to be a tedious and weari- 
 some narrative, this second document dispenses with all 
 mention of the names, residences and occupations of the 
 lluiuhwl Parln(!rs, and of the dates and other |)articulars 
 attending their signatures ; and for this reason it is of 
 peculiar interest as illustrating the liberties that notaries 
 sometimes permit themselves to take with th(!ir deeds. The 
 explanation is vouchsafed that the omi.ssion was made at the 
 special re(iuest of the company's manager. 
 
 " Kt diipuis, en la prcisence et pardevant les dits Par([ue et 
 " tluerreau, Notaires, t3oniparurent en leur per.sonno les sous- 
 " signes faisant le nondjre do cent associes, pour 6tablir la 
 " colonie de la Xouvelle Fnmce, dito Canada, Icsquels apres 
 " avoir entendu do mot apres autre la lecture des articles du 
 " 29 Avril dernier dont copie est ci-devant licrite, hupielle 
 " leur a ot(5 faite par I'un des dits notaires, I'autre present, 
 " ont dit est d(ielar(i avoir agree, consenti est aceordii les sti- 
 " pulations faites a leur jirotit par les Sieurs de Koquemont, 
 " llouel, Dablon et Castillon, et encore par le dit Houel jjour 
 " les Sieurs Ducliesne ot Lataignant : ce faisant s'6tro en- 
 " semble as.soci<i, comme de fait ils s'as.socient par ces pr(j- 
 " sentea, chacun pour uu contieme, sans aucune solidile pour 
 " I'oxecution de Tentreprise enonc('e aux dits articles, en cas 
 " (|u'il plaise a sa majesty les accorder selon leur forme et 
 " toneur, et agreer les autres articles et conditions de la pre- 
 " seuto sociote, dresses en con.s('Mjuence des sus dits premiers 
 " articles, qui ont vXi signes et autorises par ^[onseignour le 
 ' Cardinal de Kielielieu, Grand Maltre, chef ot surintendant 
 " general de la navigation et commerce de France, aussi signe 
 " par les dits associ(! ou aucuns d'eux, et onsuite par 
 
 " les dits Notaires, et in-seres au Iws dos priiaentes ; proinot- 
 " taut les dits associes y .satisfaire chacun pour lours parts et 
 " |)ortions, sans aucunes solidite, conime dossu.s, et aux con. 
 " dition.s des dits ailicles inscrit de compagnie .soulement ; 
 " obligeant a c(! chacun en dr(>itsti, tons lours biens, iiKiubles 
 " et immeubles, priVsents et ii vonir, iV jv.stitior partout (ju ap- 
 " partiondra ; renoiK^ant a toutes choses iv ee contrairos. 
 " Fait et passe par lo dit Seigneur Cardinal on .son h6tel, I'aii 
 '■ 1G27, le vendredi septienu! jour de mai apri.'s midi ; ot a le 
 " dit Seigneur olu sou doinicilo en ia maison d(! Mr. Pierre 
 " Groslier, son procureur en Parloment sis a Paris, rue Saint 
 " Andiv-dcs-arts ; Kt par les autres as.soci(;s, fait et [las.se a 
 " plusiours et divers jours ot mois taut do laditeanntie 1G27, 
 " (luode la presento 1G28, jus(pi(!sot compris aujourd'hui cin- 
 " (iui(Mne aout, (pie les (l(!riiiers d'iceme ont signe en la minute 
 " demeuree V(!i's Guern.'au, I'un des Notaires .soussignes ; 
 " les noms do.s(iuols as.sociti, ensemble toutes les dites dates 
 " n'oiit ete ci particulieronient mis et employe pour (ivitor a 
 " longueur ot prolixito ennuyeuse : ce re(|Uerant, Mr. Robert 
 " Regnant, (jui comme ayant charge et pouvoir do la dito 
 " compagnie, a signii en I'acte du dit reipiisitoire et eoiisonte- 
 " ment, cojounl'hui, six aout, mille six cent vingt-huit. 
 
 The Conqmny of Now Franco had an existence of about 
 thirty-five years, at the end of which time the dissensions 
 lietween the civil and ecclesiastical authorities in Canada 
 determined Louis XIV., in the year IGG.'?, to break up the 
 company, whose nominal one hundred partners had dwindled 
 to forty-live, and to resume possession of territorial jurisdic- 
 tion over the colony. On being informed of their sovereign's 
 intentions, the directors of the company felt constrained to 
 pa.ss a re.solutioii authorizing the cession of Canada to the 
 king, which was carried into elfect by the following notarial 
 deed of abandonment, which is also of historical interest to 
 the profession : — 
 
 " Aujourd'hui sont c(jmparus i)ardovant les notaires et 
 " garde-notes du Roi notre sire on sou chateau, soussignes, 
 " Jlr. Octavo Perigny, eonseiller du Roi en son eonseil pr(^'- 
 " sident en eiKpietes do sa Majeste au Parliament a Paris y 
 " domeurant maltro du Temple, rue St. Anastase, Paroisse 
 " St. Germain, Fran(,!ois Robiiieau, Ecuyer, Sieur de Fortello, 
 " domeurant a Pari.s, rue du ISourgmaitro du Temple, Pa- 
 " rois.se St. N'icholas, Jlr. Charles Flourian, S(!igneur 
 " d'Annononville, eonseiller, Secretaire du Roi, maison et 
 " couronne de France ot de ses tinance.s, domeurant k Paris, 
 " ru<! de la Verrerie, Paroisse St. Joan, noblo honinie Aiitoine 
 " Roi, Ecuyer, Conseiller, Secijtaire du Roi, mai.son ot cou- 
 " ronne de France et do cos finances domeurant ii Parisj 
 " rue Ste. Catherine, paroisse St. Paul, interes.s(5s et 
 " directeurs, et Antoine Cheasault, Sieur de la Kiguardiere, 
 " Avocat en Parlement, domeurant k Paris, rue Ste. Croix 
 " de la liretoniere, sus dito paroisse St. Jean ; Secretaire de 
 " la Compagnie de la Nouvolle France, convoques ot assem- 
 " bl6s extraordinaire aux fins des presentes au Bureau de la 
 " dite compagnie 6tabli en la maison du dit Sieur Chossault, 
 " sus d6clar6, lesquols sur ce qu'ils ont appris quo sa Majesty, 
 " desirait avoir la proprietij et .seigneurie de la Nouvelle 
 " Franco, appartenant k la compagnie, ont en con.sequ(!nce de 
 
niSTonWAL OUTLINE. 
 
 XIX 
 
 " la ili'lilMiriiliiiii do la ditu coinimi^iiic; ili' cc joiird'hui jioiir 
 " toinoig.Kir Iciir tivs liunildi' nisixjct ot deforonco mix voliiii- 
 " t6H do mi Afiijcstu, Hupplic et fiiippliont par w.h priiscnlca 
 " .Sa Mnji'stP d'.igiccr la d^ndssioii ipi'ils font a son prolit vi 
 " lant qu'i'i (.■ii\ est ol (inc. fairo h i)(Mivcnt, cm dits noNis ot 
 " (pinlites, tant pour eux quo pour los autros aasocii's nyant 
 " droit on la dito conipaf^nio do la propricti' ot Hoi},'ninirio du 
 " dit pays do la Xouvcllo Frann', pour on disposer par sa 
 " niiijcste ainsi ipio bon Ini sc^niMora, ho reiiiuttaiit ii son 
 
 oquito ot Justico do leur ordoinior tols d«iiIonininf,'(;iuonts 
 " qu'il lui jdaira proportioniies aux j,'randos ilopoiisoa qu'ils 
 " out faitos pour r6tablisH(!nicnt ot avnntagos du dit pays 
 " dont ot do duoi los dits Siours conqiarans out roquis ot do- 
 " mando note aux dits \otairos soussi^'nos qu'il lour out oo- 
 " troyo on lour liuroau sus doolare, I'aii 1063, 'o viiij,'t- 
 " tiuatrit''nio jour do Fovricr apnVs niidi ot out los dits assooios 
 " Ki},'nc avec nous dits notairos soussignt's. 
 
 This abandonniont of Canada was noooi)tod by tlio king 
 by royal doclaration, dated at Paris the followinj,' inontli, 
 Afiircli, 1663, and tho governniont of the country was pro- 
 vided for by his edict of April of the saino year oroating a 
 Supronio Council at Qii.'boc with full control of all the 
 affairs of tho colony, both administrative and judicial. At 
 first the (Amncil was oonqiosod of the ( iovernor-tioiieral, tho 
 liishop, iivo Cc icillors and tho Procurator-Ooneral, and it 
 was bound to register but at the king's command all edicts, 
 ordiniuicos, lottcrs-pat('nt and other d('clarations, in order to 
 give them tho force of law in the cokuiy. Ft had tho right 
 of trying all causes, civil and criminal, with power of deter- 
 mining in the last resort, and was ouqioworod to establish at 
 • Quebec, Jlontreal, Throe Rivers, and in all tlie other places 
 where such should bo recpiirod, tribunals of first resort, for 
 the summary disposal of cases of inferior importance, and 
 was authorized to appoint among other ofHcers of justice 
 such notaries and tabellions as the Council might think fit. 
 Th(! king, however, would also .seem to have rehiinod in his 
 hands the power of ai)pointing notaries, for by letters-patent, 
 dated tho 18th .May, 1675, registered at (Quebec, on the 
 twenty-fourth September following, Louis XIV. conferred 
 on Gillos Kageot, " un dcs offices do Xot^ires (iardo notes, 
 en la jurisdication do la dito ville do (iiioboc, en la Nouvelle 
 l"raiio(!, pour le dit offiee avoir, tenir et oxcrcer conf(irme- 
 ment a la coutume, Prevote et Vieonito do Paris." P>y tlie 
 ordinance of May, 1664, ostabli.shing the West India Com- 
 pany, the Coutume <lo Paris, or the law and custom of Paris, 
 so called in contradistinction to the various systems of law 
 then in force in other parts of Franco, was introduced into 
 Canada, and it was declared that no otiior law, or coiihimi; 
 should in the future be in force in Canada. This ordinance 
 was insinuated in the Supremo Council, at <^)uel)ec, on the 
 6th of July, 166.'). In 1678, Louis XIV. published a regu- 
 lation wliicli fixed the fees of tho several officers of justico 
 in Canada, and specified those to bo received by tlie royal 
 notaries, subaltern notaries getting half the fees to which the 
 royal notaries were entitled. J?y another edict, dated at 
 Versailles, in ^larcli, 1693, Louis XIV. created a royal 
 justiceship at Montreal, and authorized the appointment 
 
 there, among other oflieers of justice, of four royal notaries, 
 " pour recovoir tons actos et eontrats dos habitants." By a 
 declaration of the 2nd August, 1717, registere(l at t,»uoboc, 
 on the 2iid October, 171'J, Louis XV, provide<l for tho ]ire- 
 s(!rvation of notarial minutes. He ordered all notaries, both 
 royal and seigniorial, to fasten together, by order of date, 
 the minutes of all acts and contracts pa.sscd before tlu^m 
 during each year, and to ke('p the de(!ds of each year in a 
 separate cover after the manner of a book or register, on the 
 back of which the yisir was to be endorsed. The declara- 
 tion further provided for the .safe keeping and deposit in the 
 olliccs of the courts of ordinary jurisdiction and in those of 
 tho seigniorial justiceships, of the minutos of notaries 
 deceased, or who had resigned or been dismissed from ollice, 
 and for the annual inspection of tho oflices and minutes of 
 practising notaries by the procurators of the courts of 
 ordinary and of seigniorial judicature. This declaration was 
 foUowi'd by an interpretive one in the year 1724. The 6th 
 May, 1733, was fruitful in notarial legislation; for, on that 
 day, Louis XV. issued three declarations relating to the 
 profession, which wcu'o all registered in the Supremo Council 
 at (^tuebec on tlie 26th August following. The first of these 
 declarations was Avitli the view of reniloring valid certain 
 defective deeds of notaries, which had been depositeil in tho 
 oflices of the several courts of ordinary and of seigniorial 
 jurisdiction. The second declaration relate<l generally to the 
 deeds of notaries in Canada, and luescribed tho formalities 
 to be oliserved by them in passing their deeds. lly this 
 declaration all notaries were reipiired ; 1st, To mention in 
 the deeds they pas.sed the signatures of the parties and 
 witnesses who signed, and the declaration of tliosi; who did 
 not know how to sign. 2iid, To state the names, qualities, 
 and residences of tho parties and the witnesses without 
 leaving any blanks, and to declari! if the deeds had been 
 passed in the forenoon or afternoon ; to give the dates of the 
 year, month anil day ; to make use of no abbreviations, 
 particularly for sums of money and proper names, but to 
 write all sums and dates at length, and not in figures. 3rd, 
 In all deeds of sale, cxehange, and other deeds convoying 
 property, notaries wen! reipiired to mention tho nature of 
 the lands and habitations that were being alienated ; to 
 stale their tenure, whether held I'lijiif ox en CHKin', and to 
 mention tho seignior of whose domain they depended, and 
 the dues, Cfiix rt ivntrs and other siiigniorial rights with which 
 they were charged, whether towards the Crown or towards 
 individual .seigniors. 4. To mention that the deed had 
 been read to the parties and witnesses, f). To sign their 
 names at the foot of tho originals of the deeds they i)assed, 
 at tho very moment of their execution, and in the ])resenco 
 of tho parties and witnesses, immediately after the latter 
 had signed, or had declared they diil not know how to sign, 
 and to initial and approve, and cause to bo initialed and 
 approved by the parties and the witnesses, all marginal 
 notes and erasures, specifying the number of words struck 
 out or erased, and to make such erasures by a single stroke 
 of the pen, so as to be atilo easily to count and distingui.sh 
 the words struck out, and to iiiaki? no intiu'liiioations, but to 
 
XX 
 
 lllSTi ntlCA L ( ) IITL INH. 
 
 ])liicu nil itddiliiins in Ihr slm|M'. of iimi'Kiiiiil iihUim, G. 'I'd 
 observe all tlio otlior fui'imilitiuH for Ike jiiiasing of ileetla 
 prcHcrilicd by tlio ordiiiance.s. 7. To kei'p a re>,'iHter, tlio 
 jiiif^cs wbcruiif were to be piirapliod aiul iiiiiiibcitMl from lirst 
 to last by the otlieial proeurators of the courts of orilitiary 
 and of si'i^'iiiiiriiil jiirisdietion, in wliieli rej,'ister or repertory 
 all notaries were to enter all deccls passed by tlieni, of wliieli 
 they had to kee[) the originals, and tu nniku 8iiuh entries in 
 their order of date and without leavinj,' any blanks, aceord- 
 inyly as they jiassed these dei'ds ; ami in making such entries 
 to sjieeify the nature and the date of the deed and the names 
 and (pialities of \\w parties ; and, (S. All notaries were for- 
 bidden to dis|iiissess themselves of the originals of the deeds 
 they passed or tu suppress them, or to deliver them to the 
 j)arties, or to any other jiersons on any i)retext whatever. 
 Th(^ same deelaration contained further provisions for the 
 annual inspection of the ottices and <ii'<'J}'<'s of notaries by 
 till' olHeial [iroeiu'ators of the several jiirisdictiuns, who had 
 to verify at each visit the entries in the notarial registers, 
 and after the last entry to write their certilieate stating the 
 number of deeds that had been entered, the mnnlier and 
 nature of those that having been registered had not been 
 exhibitiul to them, or that had been exhibited to them, but 
 had not been <luly (Uitered in the register. The ins])ectors 
 were further reijuired to re|iort annually on the .state and 
 order of the minutes and register of each notary in their 
 several jurisdictions or districts to the ^Vttorney-( b'neral of 
 the .Supreme Council and in their rejiorts to transmit copies 
 of tho certitieates entered by them in tlu' notarial registers, 
 with statements of all original ilccds, in the execution of 
 which tho notary had failed to observe all the nece.s,sary legal 
 formalities, and had, thereby, inem-red tho penalties set forth 
 in th(! declaration. It was further ordered that all violations 
 of the ordinance should be jirosecuted at the instance of the 
 Attorney-General an<l adjudicated upon by the .Supreme 
 Council, and in no case was the Coinicil to diminish the 
 tines anil other i>enalties that attached to any infraction of 
 the ordinance. The last of the three declarations had special 
 reference to ante-nuptial contracts of marriage, which were 
 frcipiently executed in a very loo.se manner and without the 
 observance of the most ordinary formalities. The cession of 
 Canada to tho liritish Crown, in 1763, did not operate any 
 change in the notarial laws of the country. The lj>uebec 
 Act of 1774, Utieorge III., cap. 83, after re-alKrming the 
 laws then in force afl'ccting immovable property, declari'd 
 that nothing therein referred to should extend to lands 
 gruntcil or to bo granted by His Majesty and successors to 
 be holden in free and common soccage, and to this legislation 
 is to be traced the dillcreuce in the tenure of immovable 
 property in what are called the Townships of the Province 
 of Quebec from that of the parishes, and the power, now 
 hajipily passing away, of conveying immovable property 
 situate in townships liy deeds executed in tho presence of 
 witnesses, and often in a very loose manner, through the 
 untitness of the i)arties drawing the deeds. The sanio Act, 
 14 George III., cap. 83, also gives power to devise by will, 
 any law, usage, or custom to tlie contrary notwithstanding. 
 
 and introduced the criminal law as it then existed in Kiig- 
 land to th(! exclusion of all other criminal laws existing prior 
 to the year eighteen huiulred and seventy-four. Tho 
 ordinance lT) ( iiHirge I II., cap. I, (enjoined on all nolaricM 
 strictly to comply with tho ancient laws of the Province 
 with respect to the passing of deeds l)iifore them as notaries, 
 and by which the viilidity of their acts would be considered 
 and adjudged. It i.s, nevertheless, probable that notaritis 
 had beconu! somewhat careless in their prnetice sim:e the 
 ordinaui'e again specially directed them to collei't and place 
 in regular and due order all minutes of acts and contracts 
 passed before them in the proper order of time in which 
 such acts were i>assed, and to jiut up the minutes of each 
 year in separate bundles, folded and covered with strong 
 paper in the manner of a register, and to cndor.se on tho 
 back of each bundle its general contents and the year. Tho 
 ordinance also contained provisions relating to the custody of 
 a notary's minutes after his death, and enacted that after tho 
 decease of any notary, his minutes, registers, liooks and 
 nets shoidd be considered as pulilic records ot the Court of 
 Common I'leas of the district wherein be had acted ns 
 notary, and should be forthwith deposited in the clerk's 
 ollice of that court. The sanu; ordinance also enacted that 
 notaries and clerks of the court should not practice as 
 barristers or attorneys, and that land surveyors should not 
 hold and exercise the functions of notaries; but that tho 
 several oi'cupations of practising the law in llis Majesty's 
 courts, and of being a clerk therein, and of notary, and of 
 laud s\irvey(ir, shoidd be held and exercised separately, and 
 by dill'ennt persons, so that the functions and duties of tho 
 one might not interfere with those of the other. This pro- 
 hibition, however, in so far as it prevented notaries from 
 acting as clerk.'-- of the inferior courts, was found to be pro- 
 ductivi! of great inconvenience in dill'crent parts of tho 
 Province, and was repealed by the Act 8 Vict., chap. 33, 
 which provided that any notary might lawfully act as clerk 
 of any Circuit Court or Commi.ssioners' Couit for the sum- 
 mary trial of small causes. The (trdinance G George IV., 
 1825, provided for the extinction of feudal and seigniorial 
 rights and burthens on lands held <( titrf di: fvf and a tiln: 
 ill' ecus in Lower Canada. It is not desirable for the pur- 
 poses of the present treatise to fi)llow clo.sely and in all its 
 details the course of notarial legislation in Lower Canada, 
 not from any want of material, for the statute book of 
 nearly every year during the last three decades contains 
 some act or re]ieal or re-enactment of a previous act, con- 
 corning the profession, l)Ut rather because of its very supcr- 
 aViundanco, simjily noticing oidy the more important features 
 of acts, and tho.si! that contain .sonu) enunciation of new 
 rules and principles. As it was of the utmost importance 
 to the peace and welfare of families that the notarial pro- 
 fession sliould lie exercised by well educated and duly 
 (lualitied persons, and abuses wore found to have crept into 
 the exercise of these functions, the Act 10 and 11 Vict., 
 cap. 21, provided a remedy by constituting boards of notaries, 
 and l)y establishing proper regulations with regard to the 
 adnu.s.sion to Uk; profession and for the general organization 
 
iirsTo/ncAL (trri.ixK. 
 
 XXI 
 
 of till' proffsttiim ill LowtT Ciiiiiiili. Thin nrl ui*t:ilili>lii'il 
 tlit't'i- biinriiM of notarii'H, niiu fur tlui l)i.xtiii't.s of (,)iii'l]ic 
 «iiil diiMiR', oiiu for till' District of >tontri'iii, mnl oin' for the 
 l>ij'trictM of Tliri'o KiviTs ami St. Kraiici.". Tlicsc lioarcls 
 wi'ic icsiH'ttivi'lv calit'il " Tlic (,>ii('li('(; ISoaiil of Xotarii'H," 
 " Tiiu Montreal lioanl of Xolarius," ami " Tiii; ISoanl of 
 Notarioa forTliieo Kivcrn." Some years afterwards a fourtii 
 Itoiird of imtarii'.-t was cstalilisliccl for the l>islrii,'ts of 
 K.imouraska iukI (iaH|i6, iiimI was (/al led "Tiie Kaiiioiiniska 
 Hoard of Notaries," Tlie distriets lieru spoken of wiic the 
 oil! ones as Ijouiided i)rior to the lOtli of dune, 1S.")7, when 
 II re-division of tho l'rovine(! into nineteen districts was 
 niiide. The nets 10 and 1 1 Vict., caj). 21, [irovided anions other 
 thing's that from and afti'rthe 1st .lanuaiy, 1H4S, eiieh notary 
 should niinilier coii.seinitively all deeds, contracts and in- 
 striiniunts e.\(!cuted liefore him and reiiiainiiif,' of record in 
 his olllce, and should Untc tiie nunilicr of each such deed in 
 the inar^'in of his repertmy, o|i|iiisitc to the entry of tho 
 deed, as well as in every copy of the deed. It also nieiitiniied 
 th(! tines and other penalties tiiat would lie incurred 
 by any notary wdio should he convicted for non-fultilnieiit 
 of the conditions therein m.idc injperativo, nttaching to the 
 due execution of deeils receive(l hy him The Act further 
 made provision for the keeping, transmission and preserva- 
 tion of notarial minutes, records and repertories. Another 
 Hcction of this act provideil that no notary should ai't as 
 .Hiuh while holding the otiice of n-gistrar or deimty registrar 
 of any county, or while carrying on business as a merchant 
 trailer or manufacturer ; and all notaries actually h(jlding 
 any such otHce or (!ngag(Ml in business were reipiireil to elect 
 nnd make choice of one of these avocations within si.K 
 months from the passing of the Act, and to transmit their 
 declaration to that etlcct to the r>n.ird of Xotarics and to the 
 ortice of the (,'ourt of (^(ueen's licnch in their res[)ectivo 
 districts ; and severe penalties \vere enacted against any 
 notary who should, aftiu- the expiratidU of this term of si.K 
 months, contiiuie the exercise of his profiission, and at the 
 same time act as registrar or deputy registrar, or carry on 
 liusiness. The [leiialties, however, were very jn'obably never 
 enforced, for notaries who were registrars or deputy 
 registrars at tin' time of the passing of tho act above men- 
 tioned, continuiMl to exercise their functions as notaries at 
 the same time as those of registrars or dej)uty registrars, 
 and the prohibition against their doing so was repealed by 
 the Act 16 ^'ict., chap. "Jl."), which also repealed tlie 
 prohibition against a notary ai-tiug as such while engaged in 
 trade, for the reason that such a [irovision was fraught with 
 serious inconvenience, especially to notaries residing in 
 countiy parts. The/ct 10 and 11 \'ict., chap. L'l, [iroviding 
 for the organization of the notarial profession, was amended 
 and consolidated l>y the Act 13 and 14- Vict., chap. 39, 
 which, while roiiealing, in eli'ect renewed most of tho pro- 
 visions of the former act. It enacted that notaries should 
 continue to number consecutively all deeds passed before 
 them, and to note the nuiubei of each deed in tlu' margin 
 of the repertory, opposite to tlit! entry of the dceil, except 
 in the ca.se of discharges, ratifications, and other accessory 
 
 iiislruiiients executeil and entered at tiie end of till' principal 
 deed as being relative to and forming part of it. Tlu'se 
 aci:e.s.sory deeds were to be entered in the repertory, according 
 to their dates, with tlio other minutes, but with merely a 
 reference to the number of tlu' primipal deed after the entry of 
 the accessory iiistrnmeiit ; anil every notary was reiiuired to 
 keepnn index to all minutes of his deeds, both principal 
 and accessory, in addition to the repertory. It also enacted 
 that nil notitications, protests and services made by any 
 notary at the request of n party who liad not nccomi)nnie(l 
 him nor signed the deed should be authentic, and bo evi- 
 deiico in them.selves of their contiMits until called in 
 ipU!stion, or disallowed by the [lerson in whoso name they 
 were made, or by any other interested party ; and that, not- 
 withstanding any law or Judii'ial clecision to tho contrary, 
 notaries should continue in tho same manner, as advocates 
 ami attorneys, to sign in the name of iictitioning parties aiul 
 witlmut any other special [lower, memorials or [lolitioiis 
 rei|uired for the cnlling together of meetings of relatives 
 and friends, in cases of tutorship, curatorship sale of immov- 
 able property of minors and interdicted por.sons, divisions, 
 or licitations, and other like matters concerning family 
 atl'airs and successions. The act also provided that notaries 
 could, when reiiuired, deliver extracts from their minutes, 
 and that the secretaries of the IJoards of Notaries might 
 deliver extracts from tho nunutes lawfully in their custody 
 nnd po.sse.ssion, which extracts should be authentic, and be 
 evidence of their contents until inscribed on /a>i.r. Such 
 extracts were to bo of the same nature and formality now 
 provided for by article 1210 of our Civil Code. liotli of 
 tho Acts 10 and 11 Vict., cha|i. 21, and 13 and 14 Vict., chap. 
 39, provided for the deimsit of notarial minutes and reper- 
 tories with tho several lioanlsof Notaries, before which time 
 they were deposited in the Court of Common Pleas for the 
 district in which the notary had practised. The old system 
 was restored by the Act 20 Vict., chap. 44, amending the 
 .ludicature Acts of Lower Canada, of which section 140 
 provided that all the notarial minutes, repertories and indices, 
 and otiier notarial documents and papers of any notary in 
 th(! custody of any Hoard of Notaries, should be transmitted 
 to the I'rothonotary of the Superior Court in the district 
 including the jilace where such notary dieil or resided wdien 
 he ceased to practice, and should remain as part of the 
 records of the olllce of such prothonotary. And tho next 
 section provided that tho minutes, repertory and index of 
 any notary who .should thereafter die, or become incapable 
 of acting as such, or be removed from office, or withdraw 
 from practice, should bo deposited in tho office of the 
 I'rothonotary of the Superior Court for the district in which 
 such notar}' had resided, instead of being deposited with 
 tho secretary of any lioard of Notaries. This change had 
 been already eilected by tho Act 18 Vict., chap. 105, in 
 so far as regarded the l)istrict of St. Francis, which was 
 included within the jurisdiction of tho lioard of Notaries 
 for Three Rivers, on account of the distance bijtweon Three 
 Kivcrs and the Eastern Townships, which had rendered it 
 inconvenient to keep at Three Rivers tho minutes and roper- 
 
xxu 
 
 iiisrniticA I. ouri.iSK. 
 
 Iorii'8 of Mdtiirii'a ilyinjj or cciifiin^ to iinicliHi^ in the hintiirt 
 of St. KriinciH, mul, U('coriliii;,'ly, tin' lunt iiiciitiniird Act liml 
 |ii'iiviili>(l for tln'ir (Icposil witli tho I'riptlioiiotary of tlio 
 Siiiicrior Court iif this ili-itrirt. For \.\w imr[ios(Mif avoiding,' 
 llic iiicoiivdtiiciu'CH thiit arose from rmpiiriii^' tho jicrsoiinl 
 iittfiiihiiiri^ of ri'liitioiiH or friemls before tins jutljjeM of tliu 
 CuiirtH of Kili^'f Itelieh to couiisul llllil ailvine upon tht! 
 aiiiioiiitiiieiit of ;,'uar<liaiirt or tutors, curators to absentees or 
 to vacant estates, ami oth(!r matters in wliieli wucli counsel 
 ami advice was necessary, the Act .'M (leorK" '"'i chap, (i, 
 liermitted any of these judges, in cases wliele yucli fiiendsor 
 ii.'hiti(Uis resided at adistan<e, to authorize, upon the appliia- 
 tion of the parties, any notary residinj,' near their iiahitatioii, 
 to call them toj^ether and administer the necessary oatli 
 and to receive their counsel and opinion touching; the matter 
 so uonimittud to him, which opinion the notary took down 
 iii v.ritiuf,' and transmitted to tlu' court that had authorised 
 him for further action. Much more extensive powers wore 
 ^,'ranted to notaries hy the Act \\ and 15 Vict., chap. 5H, 
 which declareil that whenever it mij,dit he necessary to call 
 any meeting of rulation.s or friemls, it .should he lawful for 
 any notary to call such muetiiiK', whatever mixht 1)0 the 
 distances from the residence of tlu; parties to the place of 
 .sittinj; of the Superior Court for the (listric:t, or of th<! 
 Circuit Court, and without a formal authorization of a .jud^'e 
 of said courts. This Act authorised any notary to call such 
 meeting at the simple re<pH'st of any of the parties, on 
 whose application a .judge could have done .so ; to atlminister 
 to the relations and frien<ls the oath l>y law ]irescril)ed, to 
 receive their coun.sel auel advice respecting the matter .sub- 
 mitted to their decision, and also to administer the oath of 
 otHce by law re(|uired to the tutors, curators, and other jier- 
 sons who should have been .^o appointed with the advice 
 and consent of the relations and friends. In otb.i' words, 
 thi.s Act gave notaries full power and authority to them- 
 selves call all family coumils, iVc, and a|ipoint tubirs anil 
 curntors, without reipiiring them to report their proceedings 
 to a ,judg(! for homologation, and le.sl it might appear that 
 notaries had also the exclusive right b) (tall these' family 
 councils the act contained a proviso explaining that nothing 
 contained in it should [irevent any judge iif the Superior 
 C<iurt or of the Circuit Court from calling such meeting of 
 relations and friends, or from authorizing any notary or 
 other persons, on the a|iplication of tlm parties, to call suidi 
 meeting in the manner by law prescribed and as such judge 
 should deem expedient for the ends of justice. It is .scarcidy 
 to be .sujiiiosed that it was the intention of the Legislature in 
 pissing this act to a\itliorize notaries to hold assi'iublies of 
 relations concurrently with the court and judges, and to 
 decide, as the court or judge might do, all the (piestions 
 which might be there sultmittecl. Nevertheless the act was 
 fairly open to such an interjiretation, and doubts and ditfieul- 
 ties conseipuMitly arose with regard to the power of the judgi's 
 of the Superior Court or of the Circuit Court to homologate, 
 or to refuse to homologate, as tho case nnght require, all or 
 any proceedings had before notaries under that act, and to 
 make and grant such orders and appointments, and in as full 
 
 and ample a manner as if th<' relations and friends had been 
 present and had personally given tlieir opinion before such 
 juilge or judges upon the matter in i|Ue«tion. This explana- 
 tory act was very good fo far as it went ; but, unfortunately, 
 it ilid not go far eno\igh — it iliil not state clearly that in idl 
 cases where a family council was called ami helcl by a notary, 
 whether delegated by a judge or no, the notary was bound 
 to make a report of his proceedings to the proper court or 
 judge for homologation, and that without iiomologation thi'y 
 woidd produce no eli'ect. As a consei|Ueni;e ditl'erent con- 
 strui'tious still continuecl to be |iut on tlu'se acts by diil'erent 
 judges of the Superior and the Circuit Court.s, and still 
 another Act, the 18th Vict., chap. 17, had to be passed to 
 further I'xplain the matter which it did in language still far 
 from being as clear as could have been wished. The i\ct 
 14 and IS Viet., chap. 48, did not apply only to the calling 
 of family councils for the appointment of tutors and curators, 
 l)Ut to all other matters as well which recpiired the counsel 
 and advice of relations and friends. And whenever it was 
 intended to sell or otherwise alienatt? the real estate of 
 minors, or of any other pi^rson whose real estate coidil only 
 be sohl or otherwise alienated, according to the formalities 
 re(|uired by law for the sale or other alienation of the ini- 
 moval)le properly of minors, the notary, bi-fore calling a 
 mcM'ting of the relations and friends for that purpose, 
 caused experts to be aiipointed, to whom he was authorized 
 by the Act Hi Vict., chap. L'O.'l, to administer the oath 
 accordiug to law, and the experts made their reports to him, 
 and l\\v notary then summoned lieforit him the relations 
 and friends, and after taking tlieir advice transmitted the 
 originals of his proceedings to the judges of the Superi<u- 
 Court or the Circuit Court for homologation. 
 
 IJefore the Code, it was necessary to the authenticity of an 
 in.struinent executed before ii notary public that it be received 
 by him in the actual presence of another suliscribing notary, 
 or of two lawful sub.scriijing witnesses. In practice, however, 
 this rule of our oM luw was altogt^ther disregardeil, and the 
 signature of the secoml notary, who was rarely present at 
 the execution of the deed was olitaincil at an imh^linite 
 time afterwards. The Codt; put an end to the absurdity of 
 making the authenticity of a det'd depend on the signature 
 of a second notary, who, in fact, whatever may have been 
 the law was not present at tlu; i)assing of the deecl, nor even, 
 knew the contents of the iuslnimenl, and one notary is now 
 sutlicient <o give a deed authenticity .save as regards wills 
 an<l codicils, which still ri'ijuire t<i be executed in the pre- 
 sence of two notaries, or of one notary and t\\ "■itnes.ses. 
 
 In conclusion, a few words as to tlu; geneial objects ami 
 importances of the notarial otlice, l\w nature of the duties 
 that devolve upon notaries, and the <iualities essential to their 
 proper performance will be in place ; — 
 
 The chief object of the notarial otlice is to furnish con- 
 tracting partii's with a pulilic and ollicial witness to whom 
 they can refer f(jr evidence of the truth of the agleements 
 made in his presence and attested by his signattire, which 
 gives to the deeds passed before; him so authentic a character 
 thai they can only bo attacked by an imrrqitidH en fatijr. 
 
//ismn/cAL ni'r/.i.\'K. 
 
 xxiii 
 
 I'y liii'iili.s 111 iiiilnii(!s till' nets mill culitfurtH of lin'li ill'" 
 lllllillluillril, tin; wImIicm iif tln' ilyill;,' IHC cxrrlltiil, nllil titli'S 
 
 III imiiicity luu [ircHcrvod ilmt mi;;lit otlicrwi.su 1h' lust in a 
 liiMtiii;,' oMivioii, NiilaricM an' iilso tlm (Icpnsilurios of llic 
 fmiimcM iif iinliviiliials, ami of tJU! Mccrcl.s of llii'ii' I'aiiiilii's ; 
 llicy liavd Hie |mlilic t'uitli in llii'ir liamlH, llicir ilcctU iirc 
 jiiiliiic wiitinj,'M, Kolciiin ami antli(;ntic, to wiiifli ,jii(l;,'cs in 
 tiicir il('i:i!*ionM ('oiifniin willioiil licsilation, ami wliidi ari' 
 ri,';,'aiili'il an laws that lli.' partifs liavi^ iniposi'd ii|ion llicni- 
 Hclvcn in till) full cxiircisc nf a ninipUdc liliorty. 
 
 Cliassant'i', in his (MiiMinTation or raldlui/iin ijlnriii' imiwli, 
 thus speaks of till' iinporlanrc ami ni'ci'ssity of tin- notaiial 
 iilHix', I'liinI iiiiDiix Jiiilifinriiiii rin, niiti I'fitnit iinlarii, 'I'li 
 ai'/a riniKiTilifr'Hl ; jurinf ifina rrrilax, it ji'/ix in cuiilrdrti- 
 liitii ill fdiiiiiifrfii" ; iirrint uninin in'ila in jiii/iriu /oriiixiiini 
 I'anmrKiii, Hint fusr/ aliiina jbliliii jiiilili<'(t'/iii' jnf.ioiKi, cni 
 
 Jiif/i\r rrnli'nf, 
 
 Thf notarial ollii.f lii'liij,' then of surli j^ii'iil inipoilain r, 
 it is of thr ulinost t'onsL'ipii'nnri' to tln' piihlic Ihal it lir 
 I'xt'nisi'il only hy persons wliosi' inti'j,'rily will staml fvi'iy 
 ti.'st, ainl whose Liipai'ity is mpial to an intelligent ilis- 
 eliai'l^'e of its duties. In all the walks of life lie foinier 
 i[ualilicutiiin is ahsolulely essential, and in many of them 
 it is in itself sullieieiit, Imt it is not emiunh in 
 a notary. In him, imleeil, il may jirove to he a 
 merely liarieu mid ne;,'ative i[Uality, even if not a source 
 of intinite dan^jer to his elients as leiidiiij,' to foster a hlind 
 conlideiice in him unless his intei;rity lie enli^diteiied liy a 
 perfect knowleil;,'e of the iiriuiijiles nil whieli deeds are 
 made, of the special clauses lliat may hi: introdueed in them, 
 
 of the le;,'ul ellects and eonseipleliees nf those clauses, and 
 
 of the adviinta;<es and disailvaiitii;,'es that may result from 
 their use. This kiinwledj,'!' a notary I'linunt aeipiirii 
 mechanically liy mere iUnt of copyinj,' deeds, hut only hy 
 studyiiii; the principles and maxims of juris|iruilence, which 
 alone can teach him what consliiutes a le;^al a>;reenieiit. 
 The scieiici if a notary is as much theoretical as it is prac- 
 tical. 'I'll na\e it fully, he must kimw tlioroii;,'lily the 
 essential maxims and principles of niir laws j,'ovc'rniii^; tliu 
 nature nf the vaiinus acts and contracts he nmy be callud 
 upon to make ; and he must know how to reduce these 
 principles and maxims to practice, (luided hy the li^ht of 
 this science, the notary foresees the ei>n«t'i|Uenees of all tiie 
 expressions he liiakes use of ill the deeds he passes, and 
 linds a safe and judiciniis means of reconciling' the I'onllictinj^ 
 interests of each parly. lie hecomes u mediator who eipiit- 
 alily settles all dill'erciices and provides for all ditliculties 
 that may arise in the future ; in short, he is a kind of .judye, 
 or ailiiter, who, liy his accuracy in pultiii;; the intuntioUH of 
 the cnntractiiij,' parties in their true li^dil, assures to them 
 the peacel'ul possessii ii of their property, and the traiHplility 
 nf their families. When one considers the disasters that 
 may result from the i,:;iiniaiice and want nf skill nf a notary, 
 that his liluiiilers are freipieiitly irreparalile, that the 
 authority his ollice ;;ives to his deeds may niake his mistakes 
 ruinniis to his clients, one caniint Imt arrive at the conehisinn 
 that there is scan-ely any other profession or ollice that calls 
 for the possession hy its practitioners of a more prnfouud 
 leaiiiiuj,', and the exercise of a more scrupulous couscicii- 
 
 lionsuess. 
 
 ^^S'-^s^ 
 
■»^ 
 
 CUSHING'S NOTARIAL FORM BOOK. 
 
 Abandon 'nt of Stmvier, see Surrender . 
 
 Almimtcc, /'et It ion. /or (Jura for to, hw. Curator. 
 
 An'cittanvi' of Donation, wr Donation. 
 
 Arcrptanrr. of ISitjnifuatiini, arc. Transfer and Snttroijation. 
 
 Acwunt lienilcrcd — 
 
 I. Ihulor ikuKifit of Inventory. 
 II. IJy an Attorney. 
 
 III. By a TeHtanieiitarv Executor. 
 
 IV. By a Tutor. 
 V. Siiort Form. 
 
 ACCOUNT RKNDERKI) UNDEIl BENEFIT OF INVI^^NTOIIY, 
 
 C.C. P. 1321, r^m/. 
 
 STATEMENT OP AOOOUNT. 
 
 Om this i)Av, tiik , Befon^ , 
 
 Appeared A., Proprietor, rcHidiiif;; at , and B., Trad(M', rewiding 
 
 at , in tluMr (|iiality of sole heirs at law, in tin; proportion of one- 
 
 half each, of their uncle, the lati; C, deeeasisd, in his lil'ctinie of , 
 
 Merchant, as set fortli in tiie preainl)le to tin; invc'utory luiuh! after his death 
 by M., Notary Public, tln'y having; iiccepted th<* cslatt' iind succession of the said 
 latc! C. under benefit of inventory i^rantod, on petition, by tin^ Honorable! Z., 
 one of the .Iudfj;es of Her Miij(;sty'.s Sui)erior Court, for Lower Cuniula, in the 
 District of Montreal, the 
 
 And the said B., in his capacity as a creditor of the estatt! of the siiid late C, 
 
 Of the onv juirl ; 
 
 And Messi(!urs P., li., li., etc., nil (M'l'ditor.s, as tiiey iiereby declare, of the 
 estate of the said lat<! C, l)ut which (hiclaration is not to beconsitlered as a recog- 
 nition of their claims by the said A. and B., nor to release them from the 
 necessity of proving their claims. 
 
 Of thi'. olhvr part. 
 
 Whicdi said parties dc^clanMl that the said A. and M., in their said capacity 
 of beneliciary '• ,irs, have administenMl the eslatt' and succession of the said 
 late ('., pnuHMided to the sale of the moveable and immovable' properly com- 
 prising the said estate! and succession, and discharged the various privil(«g(!(l 
 debts in such wise that to elVect a settlement they have! only to preseuit an 
 account of their administration, and to divide between those! having claims 
 therete) the remaining asse'ts, whate'ver they may be*. 
 
 The saiel A. anel H. have in fae-t pre'pare'd tlu'ir ae'e'e)unt auel ne)W pre)elnco 
 the same lor verifie^atiein anel appre)val by the> cre'elitors, iinel the saiel ae!e'e)unt is 
 annexed he!rete) after having Wv.n en-rtilie-el (!e)rre'ct by the!m, the! saiel A. anel B., 
 and signed by the>m in the! prtiseuieie e)!' the! unele!rsigne'el nedary. 
 
 The saiel cri!elite)rs alle'r elue« e'xauiiuatie)n, pe!r.se)nally e)r l)y th(!ir repre- 
 Hcntatives, of the statement thus prchented by the saiel A. anel B. and after 
 
2 
 
 ACCOUNT— UNDER BENEFIT OF INVENTORY. 
 
 examination of the vouchers produced in support thereof, and of the calculations 
 contained in said statement, declare that they approve of the said statement in 
 its entirety at* well as in detail, and accordingly, they admit the result, to wit : 
 
 The receipts to be $ , the expenses to amount to % , 
 
 and the remaining assets for which the said A. and B. are responsible, to 
 amount to % 
 
 This latter sum is now produced by the said A. and B. and placed at the 
 disposal of the creditors, who, not being in a position to make an immediate 
 distribution thereof, have authorized the said A. .and B. to deposit the same in 
 Court. 
 
 Upon the said deposit being made the said A. and B. will lie fully discharged 
 from their accountability for the administration they have had of the estate and 
 succession of the said late C. in their quality of beneficiary heirs, in such wise 
 that the said creditors will be unable to enter any personal action whatever 
 against them, they the said creditors hereby and henceforth giving them a full 
 release and discharge. 
 
 The various family titles and papers affecting the succession of the said 
 lite C. are left by consent of the creditors in the possession of the said B., who 
 undertakes the charge thereof, and to account therefor when required so to do. 
 
 Whereof Arte. 
 
 Done and passed, &c. 
 
 Statement of Account annexed to the above account of the beneficiary succes- 
 sion of the late C, deceased, in his lifetime of , Merchant. 
 Rendered by A., Proprietor, residing at , and B., Trader, residing 
 at , in their capacity of sole heirs each for one-half, and under 
 benefit of inventory, of tlie said late C, their uncle. 
 
 PRELIMINARY OBSERVATIONS. 
 First Observation.— Death of Mr. O. Placing of Seals and Inventory. 
 
 The late C. died at his residence at , the 
 
 The following day seals were affixed by 0., , of , &c., 
 
 Commissioner duly appointed for the purpose on petition, by the Honorable 
 
 , one of the Justices of Her Majesty's Superior Court for 
 the day of 
 
 And the inventory of the property left by the said late C. was proceeded 
 with by M., Notary Public, at , the day of , and 
 
 following days, at the request of A. and B., in their name and quality of sole 
 heirs, each for one-half of the .said late C, their uncle. 
 
 The valuation of the movables was made by K. and M., appraisers, at 
 , and amounted to the sum of % 
 
 There was found in cash the sum of $500, which was used to pay some 
 of the most pressing claims occasioned by the death, and of which an account will 
 be given hereafter. 
 
 By tlie closing of the said inventory, the title deeds and papers as well 
 as the movable eftects comprised therein were left in the charge and possession 
 of the said B., who undertook to represent the same, when and to Avhom it should 
 appertain. (A recapitulation or summary of the succession may be made here 
 by abstract from the inventory). 
 
j 
 
 'S 
 
 ACCOUNT— UNDER BENEFIT OF INVENTORY. 
 
 I 
 
 I 
 
 Second Observation.— Beneficiary Acoeptance. 
 
 By authorization of the Honorable , granted on petition pre- 
 
 sented the day of , the said A. and B declared that they 
 
 only accepted the succession of the late C. their uncle under benefit of inventory, 
 and that they had done nothing which could compromise them. 
 
 It was also in their said quality of beneficiary heirs that the said A. and 
 B. acted in the various ways and under the various circumstances hereafter 
 referred to. 
 
 Third Observation.— Sale of the N:ovables. Aocount of the Appraisers. 
 
 After due notice giving up possession of the residence occupied by the 
 deceased as from the first day of , the said A. and B. proceeded to the 
 
 sale of the movables comprised in the above mentioned inventory. 
 
 This sale took place by the ministry of Appraisers after the notice 
 
 and publications required by law as set forth in their proves verbal, dated the 
 
 day of and following days. The proceeds of the said 
 
 sale amounted to the sum of $2,500 00 
 
 Of this sum the said Appraisers retained to wit: — 
 
 1st. For their vacations at the execution of the in- 
 ventory and for costs incurred in the sale and their com- 
 mission on the proceeds the sum ot $300 00 
 
 2nd. The sum of % paid by them to tiie Commis- 
 sioner duly appointed to place and remove the seals and 
 for the costs of a guardian " " 
 
 3rd. The sum of $ paid by them to the said , 
 Notary, for the costs of inventory made after the death 
 of the said late C " " 
 
 4th. The sum of, etc " " 
 
 Total sum retained |1,2U0 00 |1,200 00 
 
 Accordingly there remained a net balance on the pro- 
 ceeds of the sale of |1,300 00 
 
 This last mentioned sum has been handed over by the said Appraisers to 
 the said A. and B. who examined their account and gave them a discharge by 
 deed before , Notary, en hreoet and written at the foot of their proces 
 
 verbal of the sale. 
 
 The said sum of $1,300 will be carried to the credit side in the account to 
 be rendered by the said A. and B. and consecjuently they will not charge in 
 their said account tiie various sums paid by the Appraisers and retained by 
 them as aforesaid. 
 
 Fourth Observation. —Sale of Bank Stock. 
 
 By judgment of the Honorable , rendered the day 
 
 of on petition, the said A. and B. were authorised to sell at the Stock 
 
 Exchange by the ministry of , duly qualified Broker, Shares Capital 
 
 Stock of the Bank of Montreal, standing in the name of the said late C. and 
 belonging to his succession. 
 
 The said Stock was consequently sold by the e ' , Broker, at one 
 
 hundred per cent, premium, and, after deducting th i%.erage, the sale of the 
 
 said Stock realized the sum of $2,94:2.62, which was rt.„ived by the said A. and 
 B., and will be carried to the credit side of their account. 
 
4 
 
 ACCOUNT -UNDER BENEFIT OF INVENTORY. 
 
 Fifth Observation. 
 
 Sale of the immov; o property and payment of the hypothecary creditors. 
 
 By the judgment above mentioned it was decreed that the said A. nnd 
 B. should proceed with all due diligence to the sale by auction of the immovables 
 belonging to the succession of the said late C, after having had them valued 
 by experts, appointed by the Court for that purpose. 
 
 In consequence whereof the .mid experts did proceed to view and value the 
 said property, consisting of a lot and house, situated at , and presented 
 
 their report which was deposited in the Prothonotary's Office the 
 
 By further judgment of the said Court, dated the , the said report 
 
 was recf and it was ordered that the sale of the said lot and house should 
 
 be proccv with by auction before , Notary Public, Commissioner 
 
 appointed ^j the said Court for the purpose. The said sale took place after 
 the fulfilment of all the formalities required by law, and the said lot and house 
 were adjudged to , Merchant, residing at , for the sum of 
 
 $8,000.00, over and above the auction, duty according to the proch verbal 
 prepared by the said the day of 
 
 Possession Avas given to the purchaser the day of , and it 
 
 was stipulated that he should pay the interest on his purchase-money, and the 
 taxes and other charges to which the said property might be subject from the 
 day of sale. 
 
 The said A. and B. by the said 2i)'oces verbal apportioned the purchase-money 
 to the hypothecary creditors, according to the rank of their hypothecs. 
 
 Inasmuch as it appeared by the certificate of search obtained against the said 
 property that the hypothecary claims existing thereon exceeded the p mount 
 realised from the sale as aforesaid the said proceeds were paid to the creditors 
 in the order of their claims, and as a result thereof it appeared that 
 only received ^1 ,000.00 on account of his claim for principal and interest, 
 and that other of the hypothecary creditors did not receive anything in 
 consequence whereof these several creditors will requix'e to file their claims 
 against the remainder of the said estate and succession to rank concurrently 
 with the ordinary creditors. 
 
 Chapter First — Receipts. 
 
 Article 1.— Movables. 
 There is entered as receipts in this article the sum of 
 $1,300, received by the said A. and B., from the said 
 , Appraisers, being the proceeds of the sale 
 made by them of the movables comprised in the inventory 
 made after the death of the said late C.,on the , 
 
 as set forth in the third preliminary observation 
 
 Article 2.— Cash. 
 
 There is also entered in the statement the said sum 
 
 of $500 found in cash 
 
 Article 3. 
 
 $1,300 00 
 $500 GO 
 
 Lot and House, situate at 
 
 as seen m 
 
 the 
 
 fifth preliminary observation. The price of the adjudi- 
 cation of the said lot and house was entirely paid to 
 various hypothecary creditors thereunder, and the said A. 
 and B. received nothing. In consequence whereof nothing 
 
ACCOUNT— UNDER BENEFIT OF INVENTORY. 
 
 5 
 
 can be done here more than the mere mention of the 
 result. But there will be entered under the present 
 article the sum of $800, received by the said A. and B. for 
 rents of the said house up to the time the purchaser was 
 put in possession, and composed as follows : — 
 
 1st. $600 received from , being unt for one 
 year of the office in the lower part of the house 
 
 2nd. Etc., etc. 
 
 Amounting in all to the sum of. 
 
 Chapter Second — Disbursements. 
 
 Article 1.— Funeral Charges. 
 
 There was expended under the present head the 
 
 sum of $160, paid by the said A. and B. for funeral 
 
 expenses of the said late C, as set forth in the detailed 
 
 account in the said inventory 
 
 Article 2. -Expenses of Last Illness. 
 
 There was spent under the present article the sum 
 of $200 pair for expenses of last illness as follows, to 
 wit: To ^1., Doctor of Medicine, the sum of. 
 
 To L. , Druggist, the sum of 
 
 To F. , Nurse, the sum of. 
 
 600 00 
 
 $800 00 $800 00 
 
 Article 4.— Debts due to the Estate. 
 
 There are entered under this head — 
 
 1st. The principal sum of $1,000, due by the said , 
 to the said late C. as set forth in a Deed of Obligation 
 passed before , Notary, the 
 
 This sum was received by the said A. and B. as 
 appears by acquittance, passed before the same Notary 
 the 
 
 2nd. And the sum of $60 interest accrued on the 
 amount of the said obligation up to the day of payment 
 thereof 
 
 1,000 00 
 
 $60 00 
 
 $1,060 00 $1,060 00 
 
 $3,660 00 
 
 160 00 
 
 100 00 
 75 00 
 26 00 
 
 Amounting in all to the sum of $200 00 $200 00 
 
 Article 3. 
 Charges incurred in affixing s^ala and for the in- 
 ventory. As already seen in the third preliminary 
 observation the charges for affixing seals and for making 
 the inventory, privileged claims, etc., were paid by the 
 Appraisers and retained by them out of the proceeds 
 of the sale of movables, consequently mention only 
 thereof is here made. 
 
6 ACCOUNT—UNDER BENEFIT OF INVENTORY, 
 
 Article 4.— Wagea of Servants and House Expenses. 
 
 Under this heading tliere was disbursed : — 
 
 1st. The sum of $4 (J. 00 paid to the cook with the said 
 late C. for wages due the $40 00 
 
 2nd. The sum of $30.00 paid to tiie same person for 
 moneys disbursed by her at the market 30 00 
 
 3rd. The sum of $50.00 paid to the coachnuin of the 
 said kite C. for two mouths' wages due the 50 00 
 
 Amounting in all to the sum of. $120 00 $120 00 
 
 Article 5.— Debts due various Traders. 
 
 Under this heading was spent : — 
 
 Ist. The sum of $12.00 paid to , baker, for 
 bread during the past days 12 00 
 
 2nd. The sum of $15.00 to , butcher, etc 15 00 
 
 Amounting in all to the sum of. $300 00 $300 00 
 
 Article 6.— Expenses of the said House and Lot 
 situate at 
 
 There was spent under this article : — 
 
 1st. The sum of $100, for taxes for the year 
 ending $100 00 
 
 2nd. The sum of $50 paid to the caretaker of the 
 said house for his wages and charges during the same 
 period 50 00 
 
 3rd. The sum of , paid , for repairs 
 to the roof 
 
 4th. Etc., etc 
 
 Amounting in all to the sum of $500 00 $500 00 
 
 Article 7.— Various Costs and Charges. 
 
 Under this article there was spent : — 
 
 1st. The sum of $25, paid for costs incurred in 
 connection with the beneficiary acceptance by the said 
 A. and B 25 00 
 
 2nd. The sum ot $ paid , bailiff, for 
 various services 
 
 3rd. The sum of $ , for law stamps, etc. . . 
 Amounting in all to the sum of 
 
 Article 9.— Cost of the Present Account. 
 Under this heading there was expended the sum 
 of $ , being the costs, fees, and emoluments 
 connected with the present statement 
 
 Total amount of the expenses in this chapter 
 
WI.1WJIWWIIIII 
 
 ACCOUNT— BY AN ATTORNEY. 
 
 , for rent of office occupied by him 
 
 BALANCE. 
 
 The total receipts amounting to $ 
 
 The total expenses amounting to | 
 
 Leaving in the hands of the said A. and B. the sum of $ , 
 
 for which they have to account to the creditors of the succession $ 
 
 CiiAPTEii Third. 
 Section l.— Assets to be received. 
 
 There remains due to the succession of the said late C. the sums hereafter 
 mentioned, which have not yet been received and whose recovery is uncertain, 
 to wit : 
 
 1st. The sum of $100 due by 
 in the said house. 
 
 2nd. The sum of $300 amount of a promissory note granted by , 
 
 to the said late and mentioned under the No. 10 of the , 
 
 of said inventor^'. 
 
 3rd. The e'.m of $ 
 
 Section 2.— Debts remaining to be paid. 
 
 There remains due by the succession — 
 
 1st. The sum of $ , for charges made by the said , 
 
 in the administration of the estate and the liability for whicli has just been 
 established $ 
 
 Certified correct. 
 
 (Signed.) A. 
 B. 
 
 Account rendered by the said A. and B. and referred to in the release and 
 discharge granted by , to them before the undersigned Notary, the 
 
 day of 
 In test : veritatls. 
 
 (Signatures of the parties.) 
 
 ACCOUNT RENDERED BY AN ATTORNEY, C. C. 1713. 
 
 Before, etc., , 
 
 Appeared A.B., of , Retired Merchant, 
 
 Of the one "part ; 
 
 And CD., of , Notary Public, 
 
 Of the other part. 
 
 Who declared that the said A. B., on leaving home for an extended tour on 
 the continent of Europe, left the management and administration of his property 
 and estate during his absence in the hands of the said C. D. in whose favor he 
 executed a full general Power of Attorney by deed before M. N., Notary Public, 
 the 
 
 In virtue of this mandate the said C. D. managed and administered the 
 property and affairs of the said A. B. from and after the 15th June, 1884, and 
 received and expended moneys and transacted certain business of which he has 
 now to render an account, which he does, as follows : — 
 
8 
 
 ACCOUNT— BY AN ATTORNEY. 
 
 1 
 
 Chapter First. — Receipts. 
 
 Section 1.— Revenue. 
 
 Received as rent of the shop and dwelling, Nos. Notre Dame Street, 
 
 the following sums, to wit : — 
 
 Ist. For the quarter ending Ist August, 1884, the sum of 
 ^1000, being $600 for the shop and |400 for the dwelling $1,000 00 
 
 2nd. For the two quarters ending the 1st February. 1885, the 
 sum of 2,000 00 
 
 3rd. For the quarter ending 1st May, 1880, the sum of. 900 00 
 
 N.B. — Tl»e reason for the diminution of the rent of this 
 quarter arises from the fact that the tenant of the dwelling left for 
 the United States in February without notice and it was impossible 
 to rent the house until certain repairs were made. Subsequently 
 the dwelling was leased to at an advance of $100 a year 
 
 computed from the 1st May, 1885. 
 
 4th. For the quarter ending the 1st August, 1885, the sum of 
 $1,025.00, composed as aforesaid except that the amount was in- 
 creased $25 by the increased rental of dwelling 1,025 00 
 
 5th. Etc., etc., etc. 
 
 Received as rent of the farm situate at : — 
 
 For the half-year ending the 1st May, 1885, the sum of 400 00 
 
 N.B. — The rent for the second half of the year has not yet 
 been recovered and will form part of the last chapter of this 
 account. 
 
 Interest on Mortgages : — 
 
 Received from P. Q. the sum of $200, for six months' interest 
 due the 15th July, 1885, on the sum of $8,000, amount of a loan 
 by the said A. B. to the said P. Q., secured on the lot known and 
 designated by the number on the oflicial Plan and Book of 
 Reference of by Deed of Loan, bearing date and passed 
 before , Notary Public, the , registered the 200 00 
 
 N.B. — This loan was made by the said C. D. out of moneys re- 
 ceived by him as set forth in the second chapter of this account.. . . 
 
 (Continue in the same way.) 
 
 Total revenues received, the sum of. $12,500 00 
 
 Section 2.— Capital. 
 
 Received in payment of Notes and ^ >s : — 
 
 Ist. The sum of $600, amount of ft promissory note dated at 
 the , made by K. S. to the order of A. M. and by 
 him endorsed over to the said A. B. and due the $600 00 
 
 2nd. The sum of $800 amount of a bill of exchange drawn by 
 X. Z. upon B. A. and by him accepted, dated at , the , 
 
 and payable four months after date to the said A. B 800 00 
 
 3rd. The sum of, etc. 
 
 Repayment of a loan : — 
 
 Received from B. S., of , the sum of $10,000 due under 
 
 a Deed of Loan by the said A. B. to the said B. S., bearing date 
 
 'i 
 
ACCOUNT— nr an attounky. 9 
 
 and pasHcd before , Notary Public, the $10,000 00 
 
 N.B.— The interest accrued on said aum has been entered 
 
 under the iiead of revenue. 
 
 Etc., etc., etc 
 
 Total receipts under this head the sum of $18,000 $18,000 00 
 
 Recapitulation of receipts : — 
 
 On account of revenue $12,500 00 
 
 On capital account 18,000 00 
 
 Total $30,500 00 
 
 Chapter Second — Exi-enditure. 
 
 Section 1. Oost of maintenance. 
 
 Paid for taxes and assessments on the shop and dwelling, Notre 
 Dame Street, for the two years ending the , the sum of. . . $280 00 
 
 (The taxes on the farm are by the terms of the lease payable 
 by the tenant.) 
 
 Paid S. & Co. for repairs made to the roof of the premises on 
 Notre Dame Street, the sum of $80 80 00 
 
 Paid the caretaker the sum of, etc., etc 
 
 Travelling expenses of Agent the sum of 
 
 Agent's commission the sum of 
 
 Total expenditure under Section 1 $1,250 00 
 
 Section 2.— Disbursements for Account of Capital. 
 
 Paid H. and K., Advocates, costs of suit against Z. X. for arrears 
 of interest 250 00 
 
 N.B. — These costs will be recovered out of the proceeds of the 
 execution taken against the said Z. X. 
 
 Paid three drafts drawn at sight by the said A. B. upon the 
 saidC. D. the sum of 1,800 00 
 
 Paid for letters of credit in favor of the said A. B. the sum of. . 2,000 00 
 
 Loan on mortgage to H. 0. by Deed executed before D. K., 
 Notary Public, the the sum of $5,000 repayable in three 
 years with interest at the rate of 6 per centum per annum, payable 
 half-yearly ., 5,000 00 
 
 N.B. — No interest has yet become due upon this loan. 
 
 Total expenditure under Section II. $13,000 00 
 
 Recapitulation of expenditure on account of maintenance $1,250 00 
 
 On capital account • . 1,300 00 
 
 Total expenditure $14,250 00 
 
10 MJCOUS'T —liV TKSTAMHyTAin' HXECUToH. 
 
 Balance. 
 
 Totdl rcceiptH $30, *00 00 
 
 Total oxpouilitiirc 14,250 00 
 
 Balancu in tlio Imnda of the waiil Attonioy, C. D.. $10,250 00 
 
 And the said A. B. having carefully examined the waid utateuR'ntH ami the 
 vouchei'H in support thereof, approves of and con (irmw the same, and acknowledges 
 to have received at the execution hereof Irotn the said C. D. the said balance or 
 sum of 110,250.00. 
 
 And thereof and therefrom and of and from all claims and demands resulting 
 from the said mandate and administration, the said A. B. hereby releases and 
 forever discharges the naid C. D. 
 
 And he, the .said A B., doth also approve of, I'atify and confirm all and 
 singular the acts and deeds executed by the said C. D. on his behalf and more 
 especially (Deeds of iSale, Loan, &c.) 
 
 And the said A. B. further acknowledges the receipt fnmi the said C. D. of 
 all the securities and title deeds and vouchers held by him. 
 
 Whereof Arte. 
 
 Done and passed, &c. 
 
 ■ i.t 
 
 i 
 
 ;. \ 
 
 ACCOUNT RENDERED BY TESTAMENTARY EXECUTOR, C. C. 018. 
 
 Before , 
 
 Appeared A. B. , Merchant, of , in his capacity of Executcn- of and 
 
 under the Last Will and Testament of the late C. D., decea.sed, in his lifetime of 
 , Manufacturer. 
 
 M. N., of , in his capacity of universal residuary legatee in 
 
 naked ownership of the said late C. D., his uncle, in virtue of his said Last Will 
 and Testament. 
 
 And Dame L. D. , widow of the late 8. N., in his lifetime of , in her 
 
 capacity of universal usufructuary legatee of the said late C. D., her brother, in 
 virtue of his said Last Will and Testament 
 
 Who have proceeded to the rendering and settlement of account of the 
 administration by the said A. B., in his .said capacity, of the property composing 
 the estate and succession of the said late C. D. 
 
 PRELIMINARY OBSERVATIONS. 
 First Observation.— Death of Mr, D. His Last Will. 
 
 The said C. D. departed this life at , the day of , 
 
 having previously executed his Last Will and Testament in the presence of 
 H. K. and R. M., Notaries Public, the 
 
 By this Will, Mr. D. instituted the said Dame L.D. and her said son Mr. N. 
 his universal residuary legatees, the former as usufructuary and the latter as 
 naked owner during his mother's life and thereafter as full owner. 
 
 He also made the following legacies, to wit : — 
 
 To Miss , his housekeeper, the sum of $750 in addition to the 
 
 .salary due her. 
 
 To his nephew, A. D., the sum of ."^2,500. 
 
-T^fn 
 
 ACCOUNT— li y TKSTAMKNTA U 1 K.XF.Cl T<ili. 
 
 11 
 
 'J\) R. T., otc. 
 
 Arid fur tln^ execution olHiiid Will the Hiiid Mr. U. appointed liiw friend the 
 said A.IJ. executor, to whom, as a Hpecsial mark of friendship, lie f-avc tiic smn 
 of !$1,0()(). 
 
 Second Observation. Inventory of the Bstate, 
 
 An inventory of the estate of the said late (J. D., was made at the recjuest 
 of the said A. ]{., M. N., and Dame, L. D.,in their said several ca|)acities by II. K. 
 Notary Public, the day of and followiiifj; days. The 
 
 mova])le.s subject to valuation were appraised by and amounted in 
 
 value to ^(),()6(). 
 
 The sum of |!l, ()()() was found in cash and handed to the said A. B. who 
 undertook the charge thereof. 
 
 At the close of the inventory it was stated that the movable eflects and 
 papers comprised therein were left in the possession and custody of the said 
 A.H. who assumed the care thereof. 
 
 Third Observation. Sale of the Movable Property. 
 
 The movable property composing the said estate and set forth 
 in the inventory was sold by public auction after due advertisement 
 at the rooms of , Auctioneer, and realized the gross smn of $7,000 00 
 
 Out of whi(!h the Auctioneer retained his charges and com- 
 
 mission ainountinjj; to the sum of, 
 
 (iOO 00 
 
 Leaving a net balance of. $0,400 00 
 
 Which sum was handed over to tiie said A. B. who acknowledged the receipt 
 therettf and undertook to be responsible therefor, as .set Ibrth in the account 
 rendered by the said Auctioneer, at the close of his^Jwre.? verbal of sale. 
 
 Fourth Observation. Payment of the Special Legacies. 
 
 By Act passed before , Notiiry Public, the said Mrs. and Mr. N, 
 
 in their said capacity consented t(j the payment of the .special legacies forthwith 
 which was made by the said A. B. and acknowledged in the same Act by the 
 said legatees as follows. (Specify the legacies paid.) 
 
 Division of Account. 
 
 The present Account will be divided into three chapters; the first, contain- 
 ing the receipts by the .said A. B. will l)e established by the said inventory ; 
 the second will l)e devoted to the disbursements made by the said A. B. A 
 balance will be struck between these two chapters to show the balance to l)e 
 carried to the active or passive of the iiccount, and the third chapter will re- 
 capitulate the oljjects to be recovered and the sums remaining due. 
 
 The Receipts will be divided into two columns, the one for capital and the 
 other for revenue. 
 
 The Disbursements will likewise be divided into two columns, the one for 
 disbursements chargeable to capital account, and the other for disbursements 
 chargeable to revenue account. 
 
 These distinctions are necessitated by the usufructuary rights of Mrs. D. 
 and to distinguish the moneys payable to her as usufructuary from those 
 accruing to the said M. N. as naked owner. 
 
nwMM 
 
 t'} 
 
 II 
 
 1 ,1! 
 ! : 
 
 12 ACCOUNT— nr TKSTAMF.KTAlty KXKCUTOli. 
 
 CiiAi'TKu First — RKrEiPTS. 
 
 Oapital. Revenue, 
 
 The sum of $1,000 in ciihIi, liaudod to tlic Hiiid A. li. $1,000 00 
 
 Net Prnct'i'dN of the .siih! of tlie inovahh'n of the huc- 
 ceHHioii the Hum of $0,000 0,000 00 
 
 The Hum of $1,000, l)einf; the rent of the houwe 
 No. Craig Street, the pro;">rtv of the deceiiHed, for the 
 year ending Int May. 
 
 Of thiH sum $250 reprenentH ( apital, l)eing the rent 
 accrued to the , date of the deceaHe of the naid 
 late C. D 250 00 
 
 The balance of rent wince accued, to wit, $760, 
 belongs to revenne account 750 00 
 
 The 8um of $3,200, the amount due in capital and 
 interest by , under Deed of Obligation passed 
 before , Notary, the , of whicli sum 
 $3,050 represents the capital with interest to the date of 
 the death of the said late C. D., and is chargeable to 
 capital account 3,050 00 
 
 And the balance of $150 is chargeable to revenue 
 account, being interest accrued since the death of the 
 said CD 150 00 
 
 Total receipts— C)>^;=tal, the sum of 10,300 00 
 
 1- ovenue, the sum of 
 
 Chapter Second. — Expenditure. 
 
 Oapital. 
 
 The sum of $300 for funeral expenses attending the 
 burial of the said late C. D. and set forth in the in- 
 ventory 300 00 
 
 I'he sum of $250, costs incurred in making the in- 
 ventory, including copy of the will of the said late C. D. 
 and expenses connected with the payment of legacies.... 250 00 
 
 The sum of $3,000, legacies bequeathed by the 
 deceased 3,000 00 
 
 The sum of $100 paid to , being two 
 quarters of the annuity bequeathed her by the deceased, 
 and chargeable to revenue account 100 00 
 
 The sum of $200, taxes and assessments for the 
 year ending , whereof $80 is chargeable to 
 capital account as having accrued prior to the death of 
 the said CD 80 00 
 
 And the balance of $120 is chargeable to revenue 
 account 120 00 
 
 Total Expenditure — Capital account, the sum of. 3,630 00 
 
 Revenue account, the sum of. ... . 220 00 
 
 900 00 
 
 Revenue. 
 
 
ACCOUNT— BY TESTAMENTARY F.XECVTOR. 13 
 
 BALANCK. 
 
 By the Ibri'Koiiig ac miit the total ReceiptH are, tor 
 
 Capital account the HUin of, $10,300 00 
 
 Revenue account the MUin of 900 00 
 
 And the expenditure — 
 
 Capital account the sum of 3,C30 00 
 
 Revenue account the Hum ot 220 00 
 
 Thus nhewing a halance in the hands of the said A.B. 
 amounting in 
 
 Capital to the sum of 0,070 00 
 
 Revenue to the Huni of. 080 00 
 
 Total, Capital and Revenue, the sum of. $7,350 00 
 
 Chapter Tiimn. — Unsettled Accounts, to be Received and to be Paid. 
 To be Received. 
 
 The Hum of $ , amount of account due by 
 , to the said late C. D., payable the , 
 and inventoried No. $ 
 
 The sum of $ due by to the said 
 late C. D. under and in virtue of a deed of obligation 
 passed before , Notary Public, th' % 
 
 The Title Deeds connected with the said obligation 
 are inventoried under No. 
 
 The sum of, etc., etc 
 
 Total amount to be received, the sum of | 
 
 Unpaid Aooounts. 
 
 Cost of Monument erected to the memory of the said 
 late C. D., the amount whereof is not yet fully ascertu ,ied 
 and of which mention is here made Mention 
 
 The sum of balance due under a Deed of 
 Sale by the said late C. D. to Z. X. and which will become 
 due as soon as a pretended claim on the property is re- 
 moved, the sum of. % 
 
 The costs connected with the execution of the pres- 
 ent account Mention. 
 
 The sum of, etc., etc 
 
 Beoapitulation. 
 
 The said Dame L. D. and her said son, M.N. , in their said capacity, having 
 carefully examined the foregoing account and the vouchers in cor 'ection there- 
 with, declare themselves content and satisfied therewith and approve thereof, 
 consequently the total sum for which the said A. B. is accountable is $7,350 — 
 whereof $6,670 is capital and $680 revenue, and which total sum is now hereby 
 paid by the said A. B.,in consequence whereof tliey, the said Dame L. D. and 
 M. N., hereby fully and finally release and discharge the said A. B. in his said 
 
i I 
 
 i 
 
 ( ft; 
 
 IS! 
 
 1 tf 
 
 ! ,,1- 
 
 14 
 
 ACCOUNT— nr a tutoh. 
 
 capacity of Executor and individually of and from all claims and doniands of 
 every nature and kind they have, or may have, or pretend against him for his 
 said administration and as Testamentar\' Executor of the said late C. D. 
 
 And the said Dame L. D. and M. N. acknowledge to have received from the 
 said A. B. all title deeds, vouchers and documents of which he was left in charge 
 at the close of the said inventoi-y. 
 
 Whereof Arfe. 
 
 Done and passed, &c. 
 
 ACCOUNT RENDERED BY A TUTOR, C. C. 308, et neq. 
 
 First Part. —Receipt of a Draft of the Account supported by Vouchers. 
 
 Before , 
 
 Perscmally appeared A. D., of , of the full age of majority, having 
 
 been born at , the day of , who acknowledges 
 
 that he has this day received from his father, B. D., of , for examination : 
 
 First. — A draft of the account of the management and administration by 
 the said B. D. of the person and property of the said A. D. his son, as Tutor from 
 the to the day he attained his niajority. 
 
 Second. — And all the vouchers in support of the account and which 
 comprise : 
 
 1st. A copy of the Deed of Liquidation and Division or Partago, executed 
 the by , Notary Public, the Commissioner duly named for 
 
 the purpose, of the property comi)osing the comnunuty that existed between the 
 said B. D. and the late Dame M. N., his wife, deceased, and of the succession 
 of the latter. 
 
 2nd. A Deed of, etc. 
 
 3rd. A bundle of memoranda, receipts, etc., certifying the various personal 
 debts of the said A. D. which were paid by his father and included in the 
 account. 
 
 The said A. D. desires time to examine the said account and vouchers with 
 the vieAv of accepting or contesting the whole as ho may see fit. 
 
 Whereof ^f'/f. 
 
 Done and passed, &c. 
 
 Second Part.— Account. 
 
 Account rendered by B. D., of , to his son, A. D., of , of 
 
 the care and administration he, the said B. D., has had as Tutor of the person 
 and property of the said son, since the to the day he attained his 
 
 majority. 
 
 PRELIMINARY OBSERVATIONS. 
 
 First Observation. -Beginning of the Tutorship. Death of Mrs. D. 
 Subsequent Operations. 
 
 Dame M. N., wife of B. D. died at , the , and in 
 
 consequence of her death an Inventory was made by , Notary Public, 
 
 the and following days, at the recpiest and instance of 
 
 Ist. The said B. D. acting as well in his t)wn name and behalf on account 
 of the community of property that existed between him and his said late wife 
 
 I 
 
 II 
 
AGGOUNT—liY A TUrOll 
 
 15 
 
 and also a« doiioi' in usufruct of tlio ono-half of the property left by his said 
 late wife in virtue of the terms of their contract of nuirriage, passed before 
 , Notary Public, the 
 
 As in the name of and as the duly appointed Tutor to his son A. D., a 
 minor. 
 
 2nd. Dame C. D. widow oi H. E., of , and daughter of the said 
 
 late B. D., 
 
 And in the presence of R. K., of , in his capacity of Sub-Tutor 
 
 to the said minor, A. D. 
 
 They, the said IJ. D. and R. K., duly appointed to their said capacities of 
 Tutor and Sub-Tutor respectively to the said minor, on the advice of his rela- 
 tives had and taken before , Notary Public, the , and duly 
 homologated by the Protliont)tary of the Superior Court for the District of 
 , the day of , and registered in the Registry OIHce for 
 the Registration Division of , the day of 
 
 The said A. D. and Dame C. D., being the sole heirs at law, and legal repre- 
 sentatives of the said late Dame M. N., their mother, who died intestate. 
 
 In virtue of the authorisation granted on the advice of a family council 
 had and taken, etc., the said B. D. declared that he accepted the estate ancl 
 succession of the said late Dame M. N., on behalf of his said minor son under 
 benefit of inventory. 
 
 Heoond Observation. Sale of the Movables. Sale by Licitation of the Immovablt s. 
 
 All the movables comprised in the estate and succession of the said late Dame 
 M. N., and set forth in the inventory, save and except those which he was 
 allowed or bound to keep in kind, and the estimated value whereof has been 
 included in the partage hereinafter set forth, were sold by public auction, after 
 due advertisement and the observance of the necessary form.ilities by the 
 said B. D. 
 
 The sale realised, after the deduction of the expenses, and commission of 
 the auctioneer, the sum of ;J3,()00, which was paid over to the said B. D., and 
 ackno\/ledged in the statement annexed to the prores rcr/xd of sale. 
 
 On the di'mand for a division or partage nuide by the said Dame C. D., 
 judgment was rendered by the Superior Court for the District of , the 
 
 day of , by which it was ordered that at the suit and instance of 
 
 the said Dame C. D., a division or sale by licitation of the iinmoval)les composing 
 the said community and succession should be proceeded with and that previous 
 thereto the said immovables should be visited and valued by , and 
 
 experts named by the Court for tlie purpose. 
 
 In conseipience of the report of the experts, and after the due observance 
 of the formalities usual in such cases, the said immovables were sold and adjudged 
 in presence of the said subrt)gate tutor, to wit : — 
 
 The farm at , to P. Q., for |30,000. 
 
 The residence No. , to X. Z., $5,000. 
 
 Possession in each case was given immediately. 
 
 Third Observation. Liquidation and Partage. 
 
 In pursuance of a f>rocc.s-n'rhitl prepared by , Notary Public, under- 
 
 signed, the commissiimer for the purpose named in the judgment of Court herein- 
 before referred to, and by order re; dered in the said Superior Court by the 
 Honorable , the day of , the division and partage of the 
 
16 
 
 ACCOUNT— BY A TUTOR. 
 
 I I 
 
 
 ! 
 
 ' I] 
 
 property of the community that existed as aforesaid between the said B. D. 
 and the said hite Dame M. N., and of the succession of the latter was proceeded 
 with between : 
 
 Ist. The said B. D. acting in his capacities aforesaid. 
 
 2nd. The said Dame C. D. 
 
 3rd. The said R. K. as representing the said minor. 
 
 No iiccount has been kept of the revenues, inasmuch as the said B. D. 
 received as of right those accruing to himself and his minor son and accounted 
 to the said Dame C. D. for her share. 
 
 The present operations, therefore, extend to the capital only. 
 
 The share and interest of the said minor A. D. have been determined to 
 amount, to wit : 
 
 In full ownership, to the sum of ^25,000. 
 
 In naked ownership, of which he will be entitled to the full ownership on 
 the death of the usufructuary, his father, to the like sum of $25,000. 
 
 To provide the said first named capital of the minor there were assigned 
 to him : 
 
 1st. The sum of $16,000, part of the balance due under the 
 Deed of Sale to P. Q $16,000 00 
 
 2nd. The sum of $2,500, part of the balance due under the 
 Deed of Sale to X. Z 2,500 00 
 
 3rd. And the balance or sum of $6,500, out of the cash received 
 by the said B. D. on account of the said estate and succession 6,500 00 
 
 Total, the sum of $25,000 00 
 
 To provide the remaining capital of said minor there was assigned to him 
 the sum of $25,000 part of the balance due under the said sale to X. Z. and 
 secured on the house and lot sold him under vendor's privilege of haiUeur 
 de fonda. 
 
 In a later chapter, recapitulation will be made of certain debts due the 
 estate which have been left in common, in view of the uncertainty of their 
 recovery, the said B. D. being empowered to look after them and whatever 
 should be recovered will be divided in the proportion of the respective rights of 
 the parties, by reason whereof the said minor would be entitled to the full 
 ownership of one-eighth and the naked ownership of one-eighth. 
 
 The operations in liquidation and partage were homologated and approved 
 by judgment of the Honorable , rendered (m the 
 
 to be executed according tt) their form and tenor. 
 
 Fourth ObBervation.— Investment of the Funds. 
 
 Inasmuch as the said B. D. neglected to have settled by a family council 
 what sum annually he was at liberty to expend in the clothing, maintenance and 
 education of his minor son, or what sum would be considered large enough to 
 require investment as accumulations of revenue over expenditure, he has been 
 under the necessity on the one hand of confining the expenses of the minor 
 within his income, and on the other hand of investing the excess of revenue 
 over expenditure, or of being personally accountable for the interest thereon 
 after the expiry of the six months, allowed in which to find a proper investment. 
 
 The said B. D. has found means to invest in bonds or on mortgage all moneys 
 so requiring investment as will appear from the account rendered. 
 
 -"4 
 
ACCOUNT— BY A TUTOR. 17 
 
 Division of the Account. 
 
 The iiccount will be divided into as many .sections as there are years. 
 
 Each year will present a chapter of Receipts and another of Expenditure. 
 
 The Receipts will be found in two colunuis, the one for Capital account, 
 the other for Revenue account. 
 
 The Expenditure will likewise be divided in two columns, the one for Dis- 
 bursements on account of Capital, and the other for Disbursements on account 
 of Revenue. 
 
 Finally, there will be a recapitulation of the Assets, as well those realizet' 
 as those due and to be received, and of the debts to be paid, if any. 
 
 Account.— First Section.— First Year, from the to the 
 
 Chapter First — Receipts. 
 
 Bevenue. Capital. 
 
 The sum of $7,500 in the hands of the accounting 
 party at the opening of the account, as hereinbefore set 
 forth 17,500 00 
 
 The sum of |80 interest accrued on the said sum (jf 
 $7,500 from the opening of the account until the , 
 date on which the sum of $5,000 was loaned on first 
 mortgage to $80 00 
 
 The sum of $50 interest accrued on the $2,500 re- 
 maining uninvested from the to the C. C. 295. 50 00 
 
 The sum of $600, interest accrued on $18,500, the 
 balances of principal due under the said deeds of sale to 
 P. Q. and X. Z. computed from the , date of the 
 opening of the account until the GOO 00 
 
 The sum of $100, the share of the said minor in 
 certain accounts recovered during the year of the debts 
 left in common between the said heirs-at-law, to be 
 carried to capital account 100 00 
 
 Total Receipts for the first year — Capital $7,G00 00 
 
 Revenue $730 00 
 
 Chapter Second. — Disbursements. 
 
 Revenue. OapitaJ. 
 
 On the , the sum of $5,000 was loaned 
 to , on the security of a first mortgage on his 
 property known and designated by the number , on 
 the Official Plan and Book of Reference of , oy 
 deed executed before , Notary Public, the , 
 registered the . Interest was stipulated !),i the 
 rate of six per centum per auiiHio, cumputed from , 
 and payable half-yearly on the ' $5,000 00 
 
 Cost of clothing of the said A. B. for the y6ar, as 
 per detailed statement annexed, the sum of one 
 hundred and fifty dollars $150 00 
 
 Charges paid for college fees, books, and sundries for 
 the said A. D. during the year, as per detailed statement 
 annexed, the sum of two hundred and fifty dollars 250 00 
 
I 'l 
 
 ! '1 I 
 
 
 ' \ ' 
 
 \\.': 
 
 18 AcaouNT—ny a tutor. 
 
 Ee^eui. Oapital. 
 
 Inasmuch as the said A. D. continued until his 
 
 majority to reside witli his father, no charge has been 
 maihi for maintenance, and this item will not be men- 
 tioned in subsequent yt^ars .... .... 
 
 The sum of $100 was allowed the said A. D., as 
 pccket money, by monthly instalments $10U 00 
 
 Total expenses for the first year — 
 
 To be charged to Revenue account $500 00 
 
 To be charged to Capital account $5,000 00 
 
 Balance. 
 
 Revenue. Oapital. 
 
 Receipts for the first year $730 00 $7,600 00 
 
 Disbursements for the first year 500 00 5,000 00 
 
 Leaving a surplus or balance on hand of — 
 
 Capital, the sum of $2,600 00 
 
 Revenue, the sum ol' $230 00 
 
 Which excess of Revenue over Expenditure should 
 
 be carried to Capital account 230 00 
 
 Which will thus be augmented and form a total sum of $2,830 00 
 
 Second Section.— Second Year, from the to the 
 
 Chapter First. — Receipts. 
 
 Revenue. Capital. 
 
 Balance of Capital on hand uninvested the sum of... $2,830 00 
 
 The sum of $180 interest, at the rate of six per 
 centum Iter annum on the uninvested capital of the pre- 
 vious year $180 00 
 
 And the further sum of $10 interest, accrued on the 
 profits of the previous year, subsequent to the .six 
 months allowed for the investment thereof 10 00 
 
 The sum of $600, interest accrued on the $18,500 
 the balance of principal due as aforesaid by P. Q. and 
 X. Z., for the year ending the 600 00 
 
 The sum of $300, interest accrued on the loan of 
 $5,000 to for the year ending the 300 00 
 
 Total Receipts for the second year — Capital $2,830 00 
 
 Revenue ^l^^^^O ^ 
 
 Chapter Second. — Disbursements. 
 
 Revenue. Oapital. 
 Cost of clothing of the said A. D. for the year as 
 
 per detailed statement annexed, the sum of $200 $200 00 
 
 Charges paid for college fees, books, etc 350 00 
 
ACCOUNT— BY A TUTOR 
 
 19 
 
 The sum of $150, cost of a pleasure trip taken by 
 the said A. D. to the watering places on the coast of 
 Maine. 
 
 The sum of $100, for pocket money, etc 
 
 Total Expenses for the second year on Revenue account 
 only 
 
 Balance, 
 
 Revenue. 
 
 150 00 
 100 00 
 
 $800 00 
 
 Receipts on account of Revenue $1,090 00 
 
 Disbursements on account of Revenue 800 00 
 
 Capital. 
 
 Leaving a surplus of Revenue of $21)0 00 
 
 The Capital having remained the f^ame, to wit $2,8130 00 
 
 Tlie surplus of Revenue over Expenditure should be 
 added thereto, to wit "290 00 
 
 Thus showinsj the Balance of account for the second 
 
 year to l)e cash on hand. 
 
 $8,120 00 
 
 Third Section-Third Year. 
 
 CiiAi'TKB First. — Reckipts. 
 
 Balance or Capital from the second year the sum of 
 {^fJonthntr (IN III: prere<lhi<i yrdrn.) 
 
 Chapter Second— Disbursements. 
 
 Cost of clothing, etc . 
 
 Revenue. 
 
 Capital. 
 ^.3.120 00 
 
 Revenue. 
 
 Capital. 
 
 {Conthmc as in prrccilhui yrars.) 
 
 Balance. 
 
 The Receipts for the third year amount to — 
 
 Capital 
 
 Revenue $2,000 00 
 
 And the Disbursements — 
 
 On account of Capital 
 
 On account of Revenue 800 OO 
 
 There remains, consequently, in the hands of the 
 said Tutor at the expiration of the Tutorship — 
 
 In Capital 
 
 In excess of Revenue 1,2(>0 00 
 
 Which two sums form together the sum total of , 
 
 for which the said B. D. is accountable to his saiil son. 
 
 $3,G0(> 00 
 1,000 00 
 
 $2,000 00 
 $1,200 OO 
 
 $3,800 00 
 
20 ACCOUNT— BY A TUTOR. 
 
 Recapitulation. 
 
 The fortune of the said A. D. consists according to the said preceding 
 account of: — 
 
 1st. The sum of $3,800, which constitutes the balance in the 
 liands of the said Tutor $3,800 00 
 
 2nd. The sum of |18,500, due by P. Q. and X. Z., the pur- 
 chasers aforesaid of the properties situate at , with interest 
 since the 18,500 00 
 
 3rd. The sum of , etc - 
 
 4th. The sum of $25,000 in naked ownership, his father having ^ ^l^^^i , 
 the usufruct thereof during his life 
 
 5th. Certain interests in the active debts which at the time of 
 the i)artage of the said estate of the late Dame M. N. were left as i),,i,tsii, 
 the joint property of the heirs until realized Ijy the said B. D. , who (.nuriinn. 
 was left in charge thereof 
 
 Unpaid Accounts. 
 
 The said A. D. will be called upon to pay and discharge : 
 1st. The charges and emoluments connected with the execution of the 
 present account. 
 
 2nd. The sum of , due Mr. , balance of account for clothing 
 
 ordered for the said A. I). 
 
 l}i'd. The sum of , etc, etc. 
 
 Certified correct. 
 
 (Signature.) B. D. 
 
 Final Settlement and Release. 
 
 And, on this day, the , 
 
 Before , 
 
 Personally appeared B. D., of , etc.. 
 
 Of the one jMVl ; 
 
 And A. D., of , etc., 
 
 0/ the other part, 
 
 Who have declared and agreed as follows : 
 
 In pursuance of an Act passed before the undersigned Notary, the , 
 
 said B. D. delivered to the said A. D. for examination : 
 
 First. A draft of the account of his management and adminiatration of 
 the person and property of the said A. D., his son, as his tutor from the 
 , to the , the day he attained his majority, and the tutor- 
 
 ship ceased. 
 
 Second. All the vouchers in support of the account, the original of which is 
 now produced, to be annexed hereto after due authentication by the signatures 
 of the said parties hereto and Notary. 
 
 In consequence of the premises, the said A. D. iicknowledges and declares 
 that he has had ample time to examine, and has examined and approved, the 
 said account and annexed vouchers, and, further, that he has this day had com- 
 munication anew by the hands of the undersigned Notai'y, of the said iiccount 
 of tutorship, which he finds to conform in every respect with the said draft 
 remitted to him for examination. 
 
ACCOUNT RKNDERKl). 
 
 21 
 
 And the said B. D. declares and affirms that the said account is true and 
 correct in every particular. 
 
 Wherefore he, the said A. D., hei'ehy declares that he approves the said 
 account in whole and in detail, and he and the said B. D. mutually agree and 
 hereby fix and definitely determine that the residue to be handed over by the 
 latter to the former amounts to the said sum of $3,800, independently of the 
 other securities referred to in the said recapitulation with which the account 
 closes, and of which he is to nuUie a due return. 
 
 And at this juncture the said B. D. has handed to the said A. D., who 
 acknowledges the receipt thereof, to wit : 
 
 1st. The said sum of $3,800, forming the cash balance aforesaid. 
 
 2nd. The titles connected with the said haiUew de f'oiula claims for 
 $18,500, due by X. Z. 
 
 urd. The titles connected with, &c. 
 
 4th. An extract from the said Act of Partage establishing the claim of the 
 said A. D. to the naked ownership of the sum of $25,000, whereof the said 
 B. D. is entitled to the usufruct, with the registrar's certificate shewing the 
 said claim to be secured by hypothec upon, etc. 
 
 And thereof, and therefrom, and of, and from all claims generally 
 whatsoever, wliicli the said A. D. has, or might pretend to have upon or against 
 the said B. D., in consequence of his administration aforesaid, he doth hereby 
 forever release and discharge the said B. D., with reserve always of his rights 
 and interest in the naked ownership of the said sum of $25,000. 
 
 And he further desists from and relinquishes the legal hypothec existing in 
 his favor on and against the property of his father, and grants main-levec and 
 release of all hypothecary inscriptions which may have been taken on his behalf 
 against his said father and his property, and requires all registrars to effect a 
 radiation of the hypothecs, if any, save and except only the hypothec existing 
 as security for the said sum of $25,000 held in naked ownership as aforesaid. 
 
 Whereof AHc. 
 
 Done and passed, &c. 
 
 ACCOUNT RENDERED. 
 
 Part First.- Deposit of Account. 
 
 On this day, etc., 
 
 Befork me, etc., 
 Personally a])peared A. B , of . {Here declare the capackt/ in lohir/i 
 
 flic (icronnting party iuis us Tutor, JienefUturi/, Attorneif, Exectdnr, d-r.) 
 
 Who requested nie the said Notary to receive and deposit among my minutes 
 of record the foregoing and annexed statement, or account, rendered by him in 
 his said capacity of 
 
 And the said A. B. declares and aflBrms that the said account is correct, 
 true and faithful to the best of his knowledge and belief, and I have placed the 
 same among my original minutes, there to remain of record, and thereof 1 have 
 granted this Act. 
 
 Done and passed, &e. 
 
22 
 
 ANNUITY, OR RKNTK VIAdflRK. 
 
 1 
 
 1 
 
 
 ij 
 
 1 I 
 
 :* ' 
 
 1 
 
 '! 
 
 f 
 
 Part Second. Release and Disobarffe. 
 
 And on this day, etc., 
 
 Befoke nie, , the same Notary, 
 
 Personally appeared {tin! parti/ to whom the (ircoH)it has hcvn remhrvd), who 
 declared and acknowledged that he had taken communication of and carefully 
 examined the Account rendered by the said A. B., hereunto annexed, in his 
 capacity of , as therein set forth, and of his administration of his estate, 
 
 and the vouchers produced in support thereof, and tliat he is satisfied and 
 content therewith, and doth hereby release and forever discharge the said A B. 
 from all further accountability or responsibility, which he, the said A. B., in- 
 curred by reason of his appointment and administration as , and 
 acknowledges to have received from the said A. B., the balance remaining due 
 on said account. 
 
 Done an<l passed, &c. 
 
 ! I 
 
 i t 
 
 1 ! i 
 
 Acquittance to Savings Bank when Pass Book is Lost, see Bank. 
 
 Acte (It Depot, see Depot. 
 
 Arte de Mitoi/emiete, see Mitoyennete. 
 
 Advertisemoit of Auction. Sale of Movahles of a Succession, see fniientori/. 
 
 A'lvertiseinent of Heir under Benefit (f Jnrentori/, see Inventori/. 
 
 Advice of FamiJi/ (kmncil, see Fanii/i/ Council. 
 
 Adrlser, see Judicial Adeiser. 
 
 Alleijiance, Oath of, see British SuhjeH. 
 
 Annuitij, or Reiite Viagere. 
 
 ANNUITY, OR RENTE VIAGERE, C. C, 1901, et see/. 
 
 On this day, etc., 
 
 Befork , etc.. 
 
 Personally came and appeared A., of , who for and in consideration of 
 
 the love and aftection which he hath and beareth towards his mother-in-law, B., 
 of , hereto present and accepting, and for divers other good causes, reasons and 
 considerations hath hereby promised, bound and obliged himself to maintain 
 and keep the said B. during all her natural life in the house, and with the family 
 of him, the said A., and there find and provide her with all the necessaries of 
 this life, such as meat, drink, clothing, washing, light, and every other necessary, 
 as well in health, as in sickness, and in case of sickness or ill-health to furnish 
 her with medical and spiritual aid and attendance. 
 
 And, if at any time hereafter she, the said B., should leave the house of 
 the said A. to live with any other person or persons, or to reside in other parts, 
 or for any other cause, matter, or reason soever the said B. should so leave the 
 house of the said A. and cease living with him, he, the said A., hath given, 
 granted, and confirmed, and by these presents doth give, grant and confirm 
 unto the said B. an annuity, or yearly rent charge, of $ per annum during 
 
 all the natural lifetime of the said B. 
 
 To have, hold, receive, take and enjoy the said annuity, or yearly rent 
 of dollars unto the said B., only from and immediately after the said B. shall 
 have left the house of the said A., or ceased living with him for and during 
 all her natural life. Which said annuity, or yearly rent, the said A., for tlie 
 consideration aforesaid, binds and obliges himself to pay, or cause to be paid, to 
 
 
"THT 
 
 APPPKNTIOKSHir. 
 
 2S 
 
 the Haid B., or to her order in hiilt-y early i)aymeiitH of $ each, the first 
 
 whereof will become due and be paynl)le in six niontliH from the day the .said B. 
 ahull have left the houHe of said A., or ceased living with him, as aforesaid, and 
 thus to contiinie during all her natural lifetime, as aforesaid, so long as she 
 resides away from the liouse of said A. 
 
 After the death of the said B., it is agreed that the said A. shall not bo 
 bound to pay nor shall he pay any arrears whatsoever that may be due, to any 
 person or persons whomsoever, and in the event of the said A. pre-deceasing 
 the said B., the said annuity shall cease. 
 
 And, as security for the due payment of the said annuity, the said A. hath 
 mortgaged and hypothecated to and in favor of the said B thereof accepting to 
 the extent of tlie sum of $ , all and singidar. 
 
 [(five ilturrlitlloii.) 
 
 And for the execution, &c. 
 Done and passed. 
 
 An(c-)iiqdial Confrart of Marrixj/c, we Marrvujc doidract. 
 
 Antic/irew, see Ohlujatioti. 
 
 ApitUctttkmfor Trade Mark, see Trade Mark. 
 
 Apprmtiiesliip. 
 
 APPRENTICESHIP. 
 
 ol" 
 
 , in the year of Our Lord one thousand, 
 
 On this day, the 
 eight hundred and 
 
 Befoke the undersigned Public Notary, duly commissioned and sworn, in 
 and for the Pi'ovince of Quebec, in the Dominion of Canada, residing in the 
 City of Montreal, in the said Province, 
 
 Personally came and appeared A. B., of , who for the good and 
 
 advantage of C. B., his minor son, aged seventeen years on the day of 
 
 last (188 ), declared to have bound and engaged, and by these presents, 
 doth bind and engage the said C. B., hereto present and consenting as 
 testified by his appearance and signature hereto, unto and with H. K. & 
 Company of , Boot and Shoe Makers, composed said firm of II. K. 
 
 and R. S., both of , the said H. K. hereto present and accepting the 
 
 said C. B. as an Apprentice and Servant to and with the said H. K. & Company 
 to the art or business of Boot and Shoe Maker, for the full end and term of four 
 years, to be computed and reckoned on and from the day of 
 
 , during all which time the said Apprentice shall, and he hereby 
 binds and obliges himself, diligently, faithfully, and honestly, to serve his said 
 Employers either by night or by day, in the said business of Boot and Shoe 
 Making, and when not engaged or employed in the said Trade to make himself 
 generally useful in and about the Shop and premises of the said H. K. & 
 Company, and do such business as he shall be by their representative requested 
 to do ; to abide by and obey implicitly, all the rules and regulations of his 
 Employers' establishment; to obey all his Employers' lawful connnands, and 
 not to cause or occasion their hurt, or prejudice them in any way, nor suffer the 
 same to be done without giving instant information to his said Employers, 
 their manager or foreman ; to keep and maintain his Masters' secrets. The goods. 
 
24 
 
 ARBITRATION BOND. 
 
 1 I 
 
 moneys or effects of liis said Master he shall not- embezzle or waste, nor lend 
 them without their consent to any person ; he shall cause no annoyance to his 
 fellow- workmen, and shall use no insolent or abusive languaf>e to his said 
 Employers, their manager, foreman or servants ; he shall not during the term of his 
 present apprenticeship, i)lay at Cards, Dice or any unlawful or (Jambliiifj; (James; 
 Taverns, Houses of Ill-Fame, Saloons or Alehouses, he shall not freciuent ; but 
 in all things, and at all times, as a good and faithful Apprentice, he shall and will 
 demean and behave himself towards his said Emph)yers ; he shall not, on any 
 account or occasion, absent himself from his i]mployers' service or emidoyment, 
 without leave being first asked and obtained, unless in case of actual sickness, 
 otherwise he shall serve two days fi;r every one so lost, after the expiration of 
 said Apprenticeship ; and in the event of said Apprentice violating or refusing 
 to carry out and respect all and every the foregoing conditions, the said II. K. 
 & Company shall have the privilege of dismissing the said C. B., and of 
 cancelling the present Agreement or Indenture, without any notice whatever. 
 
 And the said II. K. & Company bind and oblige themselves to tea(;h and 
 instruct the said C. B., or cause him to be taught and instructed, in so far as he 
 hath capacity to take up and learn the same, in the art and practice of Boot and 
 Shoe making. 
 
 Also, to make payment to the said C B. of the tbllowing sums of weekly 
 wages during the aforesaid period, viz. : — {>^pi'''l/!/ the pai/inents.) 
 
 And the said A. B., by these presents, doth become bail and security for and 
 with the said C. B. for the due and faithful performance of all and every the 
 conditions, stipulations and agreements hereinbefore contained, and in default 
 hereof on the part of the said C. B., he, the said A. B., will forfeit and 
 pay to the said H. K. & Company, on demand, a sum not exceeding 
 dollars currency. 
 
 And for the execution hereof the said parties have made election of domicile 
 at their ordinary places of abode above mentioned, W/tere, d',r. 
 
 Done and passed, &c. 
 
 Arbitration Bond {2 forms') — 
 Extension of Time. 
 Award. 
 
 Deposit of Award. 
 Signification of Award. 
 
 ARBITRATION BOND, C. P. C. 1341, et. seq. 
 
 Bekork, etc., 
 
 Appeared A., of , etc., 
 
 Of tin' one part ; 
 
 And B., of , etc., 
 
 Of the other part. 
 
 Who have declared and covenanted as follows : — 
 
 The said appearers are proprietors of contiguous dwellings situate on Craig 
 Street, in the said City of Montreal, that of the said A. bearing the number 
 twenty (20), and that of the said B. bearing the number twenty -two (22), on 
 said street. 
 
 
AitnrniATfox noxD. 
 
 26 
 
 Tliu latter lioiiHC has Hoveral openings in tho inilitijra or common wall, by 
 which light is roceived IVom the yard belonging to the first named house, and, 
 f inthor, it is so conHtructed that a portion of the water t'ronx the roof is diverted 
 into the said yard. 
 
 The said A. refuses to acknowledge the servitudes indicated by the causes 
 above mentioned, declaring that they are contrary to law, and that no title or 
 permission therefor exists. 
 
 On the other hand^ tho said B. maintains that he has sulHcient title, both 
 by recognition and destinati<m. 
 
 After several interviews and due examination of the respective titles of 
 the said parties iiereto, they, the said parties, find themselves umible to agree, 
 and, wishing to avoid litigation, have arranged as follows : — 
 
 Article 1. 
 
 A definite decision on the points at issue between the said parties shall be 
 oljtained from two arbitrators, to be chosen by them. 
 
 The said A. names for his Arbitrator M., of , etc., and the said B. 
 
 names as his Arbitrator, N., of , etc. 
 
 If either of the said Arl)itratoi*s refuses to act, the party who named 
 him will be bound to choose another within eight days after demand made 
 on him for that purpose, in default whereof the nomination will be made 
 by the President of the Board of Trade. 
 
 Article 2. 
 
 The said parties hereto agree to submit themselves to the decision of the 
 said Arbitrators, and bind themselves to abide by said decision as though it were 
 a judgment of the highest tribunal, and shall not, under any circumstances, be 
 able to appeal therefrom or reject the same. 
 
 Article 3. 
 
 The Arbitrators shall decide within a delay of six months from the date 
 hereof, as well on the rights of the parties established by titles as on the rights 
 established by use, and will also decide as to the damages sustained by either 
 party, and upon whom the burden of the costs should fall. 
 
 Article 4. 
 
 The Arbitrators will not be bound to follow the established rules or to give 
 the delays required by procedures before Courts of Law, and they shall have the 
 power to give their decision as amiahles compositeurs and in accordance with 
 equity, having such regard to legal enactments affecting the circumstances of the 
 case, as they may judge desirable. 
 
 In case of difterence of opinion between them, they will name a third 
 Arbitrator, or umpire, and in the event of their being unable to agree upon 
 such nomination, it shall be made by the said President of the Board of Trade 
 at the simple request of whichever of the two Arbitrators may first make it. 
 
 Article 6. 
 
 The costs of these presents will be paid by whichever of the parties shall 
 be adjudged to have failed in establishing his pretensions. 
 
liC) 
 
 AHIUTIIATION IfoNIl 
 
 1 
 
 1 
 
 
 
 
 
 
 ' 
 
 1 
 
 
 
 Article 6. 
 
 And lor tlu; execution hereof, the Hiiiil partiew have made election of 
 doniieih', at , etc, 
 
 Tlio present afrreenient haw thuH Iteen entered into between the said l)artieH 
 hereto, under reserve by tlieni respeetively of all tiieir rights and actions wliicli 
 they have not agreed to renounce herein. 
 
 Done and passed, etc. 
 
 AHBITIUTION BOND, C. (J. I'. 1341, r/ my. 
 
 On this day, etc., 
 Bkkohe , etc., 
 
 Personally came and appeared A ; of , etc., 
 
 Of the Jli'sf part ; 
 
 And B. & (J., both of , etc., carrying on business in co-partnership 
 
 at aforesaid, under the name and (irm of 15. & C, the said C, party hereto 
 
 and representing and stipulating for his said firm. 
 
 Of the nerond jMirt. 
 
 Which said parties declared to me, said Notary, as follows : — 
 
 Whereas certain misunderstandings and di.s])utes have arisen and now exist 
 between the said ])arties of the first and second parts touching the adjusting 
 and final settlement of their resjjective accounts and the transactions and bu.si- 
 ness which they have had with each other at divers times prior to the date hereof. 
 
 And whereas the said parties are nmtually desirous of amicably .settling 
 and adjusting the .said disputes and differences without having recourse to litiga- 
 tion and as hereinafter provided. 
 
 Now these presents, and 1, the said Notary, witness that they, the said 
 parties hereto of the fir.st and second parts, have consented and agreed, and 
 they do hereby con.sent and agree, to submit their said dififerences and disputes 
 to the arbitrament and decision of two disinterested per.sons, whom they hereby 
 appoint, to wit : — The said A. names as his Arbitrator, , and the said 
 
 B. & C. name as their Arbitrator, , both of 
 
 as Arbitrators {Arhitnitcurs et anuahhs rompositcurs), Avith power to the said 
 Arbitrators to name and appoint a third per.son as umpire, in case they should 
 disagree in opinion regarding the matters and things which niiiy be submitted 
 to them. And the said parties hereby agree that the decision and award of the 
 said two Arbitrators, should they agree, or that of one of them and the .said 
 umpire, should they, tlie said Arbitrators, disagree, shall be final and binding 
 on them. 
 
 And they, the said parties hereto, do hereby promise, bind and oblige them- 
 selves to produce, submit and lay before the said Arbitrators on their first 
 demand all matters and things, and all evidence both oral and written, which 
 they, the said parties hereto, may respectively have to produce regarding their 
 said differences and disputes, it being hereby agreed that the witness, or witnesses, 
 who may be produced by either party shall be duly sworn before he or they 
 shall be examined or heard, or their testimony adduced and taken in the 
 premises. 
 
 1 
 
AlfniT/lATloy nnND-KXTh'NSrnX itr TIMh:. 
 
 27 
 
 And the siiitl partioH ht»roto do liorehy rospt^ctively l»iiid iind obligo tlicia- 
 solvL'H to Htiiiid to, al)i(l«! by, koi'p and porrorm the dcciMioii and award ho to bu 
 inado aH aforesaid in tiu^ pi'iial Hnni ot ^ , to bo well and tridy paid by 
 
 the party contravenin;^ or non-(;onl'oi'niin;>' to the party abidin;^ by the Haid award, 
 before tlie party Hocontraveninj^ or non-eonforniinj^ Hhall have the rij^ht, or be; 
 entitled to appeal from, or in uny way, or in any Conrt, to obje(;t to, or ini[)ugn 
 the Hanie. 
 
 Each of the Haid partien hereto bIuUI ))ear hi.s proportion of the coHts of wai ' 
 arbitration. 
 
 And the naid parties hereto do hereby bind theni.selvoH not to take advan- 
 tage of any informality or teehnieal irregidarity in the Haid award or in the 
 proceediniijM of the Haid Arbitrators, 
 
 And it in hereby further ajiieod and nnderntood that if in and by the naid 
 award it hIuiU appear and be fonnd that any balance or sum of money in dne by 
 the said party of the first part to the said parties of the stM^ond part, sneh 
 balance or snm of nioniiy shall be settled by the said [)arty of the first part 
 grantinjj; to S., hereimifter named, his two pronussory notes for the amount 
 thereof in e(inal proportions, one of whit li to fall due on the , the other 
 
 on the , b<i*b bearinjf interest from the 
 
 And at the making and passing of these presents, came and appeared S., 
 of , etc., who declared to me, said Notary, that under and by virtue of a 
 
 Deed of Transfer from the said IJ. k C, to him, the said S. , bearing date and 
 passed before , Notary Public, the , said B. k C. assigned 
 
 and made over to the said S. the sums of , alleged to be dne and owing 
 
 to the said IJ. k, C. by the said A., and which are the amounts now in dispute 
 and to be determined by the said arbitration, that he, the said S., us the 
 Assignee of the said debt, is satisfied with the said foregoing agreement or 
 Bond of Arbitration, and with all and every the covenants and (Conditions 
 thereof, and as such Assignee doth biiul himself to abide by anil fnllil the award 
 of the said arbitrators in the lieu and place of the said B. &C. upon tlu! under- 
 standing that all the expenses attending the present agreement, or anything 
 resulting therefrom, shall be borne in eipial proportions by the said 8. and the 
 said A. 
 
 And to these presents intervened the said and , the 
 
 Arbitrators named as aforesaid, who hereby agree to act as such, and to render 
 their award on the matters in dispute on or before the 
 
 And for the execution, &c. 
 
 Done and passed, &c. 
 
 EXTENSION OP TIME FOR ARBITRATION. 
 
 And on this dav, the , 
 
 Before, etc., 
 Personally appeared A. and B. & C, represented by C, one of the members of 
 said firm of B. k C, the parties of the first and second parts named in the fore- 
 going Bond of Arbitration, bearing date and pas.sed before , the 
 , and S., intervening party thereto, who declared to us, said 
 Notaries : That, whereas the Arbitrators named and appointed in .and by the 
 
1 
 
 28 
 
 AUIilTHATlON lioXn -Dh'l'OSlT OF AMAHD. 
 
 r 
 
 i: 
 
 ! I 
 
 siiiil bond, have been unable to give in their award on the matters and thinp;s 
 submitted ibr their arbitration, and have solicited an extension of the time 
 granted to them in and by said bond to enable them so to do, to which they, the 
 said parties hereto, have consented. 
 
 Now these presents, and I, the said Notary, witness that they, the said 
 parties hereto, without waiver of and expressly reserving to themselves all 
 rights that have arisen, or may arise, from the said liond of Arbitration, have 
 consented and agreed and lor all and every tiie objects of the said bond do 
 hereby consent and agree to extend the period for the linal decision and award 
 of the said Arbitrators to be made and rendered in the premises to Saturday, 
 the , provided always that all and every the provisions of the said 
 
 bond shall be antl remain in full force and virtue as fully and elVectually to all 
 intents and purposes as if the time within which the said awanl should have 
 been rendered bad in and by said bond been fixed for and until the said , 
 
 and the said Arbitrators shall have, use and exercise all and every the powers, 
 functions and duties of Arbitrators as amply as they have heretofore held and 
 |K)ssessed the same. 
 
 In testimony whereof, &c. 
 
 {See precediiiij diid foUowhig forma,) 
 
 DEI»0S1T OF AWARD. 
 
 On this day, etc., 
 
 Bkfoke, etc., 
 Personally came and ajjpoared M. and N., the Arbitrators named and 
 appointed under and by virtue of a certain Bond of Arbitration between A., of 
 , and B. & C, of , bearing date and execiitetl before , 
 
 Notary Public, and renewed by AcU' of Extension of Time passed befin'e the 
 same Notary on the , t«) which Bond and Acte of Kxtensit)n S., of 
 
 , was a party as the Assignee of the said B. & C. 
 
 Which said M. and N. requested , Notary Public, to receive and 
 
 deposit in his oHice the annexed award of them, the "ai'' Arbitrators, made and 
 rendered in the premises bearing date the , to the end that tiie said 
 
 Award may remain of record in bis ollice, that reference may be thereto had 
 and authentic copies thereof made and signified t)n the said parties to said l)ond 
 or otherwise as to Justice may appertain. 
 
 In witness whereof, etc. (Signed) 
 
 Award Annexed to the Foregoingr. 
 
 We, the undersigned, hereby declare that we have heard evidence, and 
 carefully and deliberately examined the matter in dispute between A. and 
 B. & C, and in compliance with the terms of the Bond between them, executed 
 before , Notary Public, the , do hereby make our award 
 
 as follows : — 
 
 Tiuit the said A. is indebted to B. & C. in the sum of # , less 
 
 expenses of arbitratioi;, viz. : Cushing, Hunter & Dunton account, % ; 
 
 Abbot & Co. nccovit,^ ; M.'s account, $ ; N.'s account, $ 
 
 Total, % jiess one-half this amount, being the proportion to be paid l)V B. 
 
 &(3., vi/,.,$ , whicli taken from said sum of $ , leaves $ 
 
 *J» 
 
liKKi) OF ASsmxMHxr ix /ytsiii.vFxcy. 
 
 29 
 
 Wliii'li iiniount of ^ , is to be paid by A. to 8., A«.sij>;noo of B. & V,., 
 
 by bi.s two I'romissorv Notes of iMiual iimouuts, one at tbroe inontlis from the 
 l8t Marcl. iiist., and one at four inontbs from tlie .same date. 
 
 (Signature.s of Arbitrators.) 
 Montresd, Marcb, 18 — . 
 
 SIGNIFICATION OF AWARD. 
 
 An'I) ox this day, tbe . etc., 
 
 I, tbe same Notary, at tbe re((uest of M. and N., tiie Arbitrators above 
 named, repaired to tin- olliee in tbe ('ity of Montreal of IJ. & ().. and to tbe olliee 
 in Montreal aforesaid of A., wbere being and speaking, to wit, at tbe olliee of tbe 
 said 15. & ('., to (\, one of said firm, and at tb.e said olliee of A. to bim i)er.sonall> , 
 1 declared, signilied. and made known to tbe said B. k ('. and S., (»f , otc.. 
 
 and t(» tbe .said A., tbe foregoing and annexed award, made and renderetl by tbe 
 .said M. and N., in tbe matters in dispute between tbe said B. & (■. and A. under 
 date tbe , and deposited by tbem in tbe olliee of , said Notary, 
 
 by Actc <h Jh'/x'it bearing date tbe , requiring tbem, tbe .said B. & (J., 
 
 S. and A., to bold tbem.selves duly signilied of tbe .said award, and to govern 
 tbemselves accordingly, on j)ain, etc. 
 
 And to tbe end tbat tbe .said parties may not bave cau.se tt» plead ignorance 
 in tbe premises. 1 bave served tbe said B. & C, S. and A. respectiv(dy witb a 
 copy of said award, of tbe A<(t ile /A'y*(>/, and of tbese presents for siguilication 
 tbereof. speaking as aforesaid, after duo reading of tbe.se presents executed under 
 tbe mnuber 
 
 (Signed) &o. 
 
 Avhitratofs, A wan/ of, .sw Arf>itrii/!(»i Boitil. 
 Art! ('It's I if /'(itim r.shlj), .see Purtiu rslilp. 
 Assi(jiiinrii/ ill /iiNtilraici/. 
 
 DEED OF ASSIGNMENT IN INSOI.VKN(n\ 
 (Presently made before tbe Protbonotary.) 
 
 Bekouk A. B., tbe undersigned Notary Pid)lie for tbe Province of Quebec, 
 residing in tbe ('ity of Montreal, 
 
 ApiH'ared C. 1)., of , 
 
 Paid/ Iwreto of the firnl part ; 
 And E. F., of , ./..'/. 
 
 Piiiii/ hcirto of tilt' second part. 
 
 Wbicb said party of tbe lirst part bcreby de<'lares 
 
 Tbat be is indebted to several persons, firms and otbers, bis crcditorH, 
 wbicb imlebtedncss, lu« tbe said party of tbe lirst part being unable to pav in' 
 full, and being iiis»)lvent, be bas agreeil witb bis said creditors to transfer and 
 assign to tbe .said party of Ibe .sm»nd part, t-ie -^bole of bis pro[)ertv, movable 
 and immovalile. fslales and ell'ccls. lor tb.- profit and b.>nelit of ."ill bis said 
 creditors. 
 
II 
 
 30 
 
 DKKI) OF ASSKiNMKNT IN INSOLVKNCY. 
 
 Now, therefore, these presents and I, the said Notary, witness : 
 That the said party hereto of the first part did and doth hereby assign, 
 tranfer and make over to the said party of the second part, accepting thereof as 
 Assignee for himself and assigns, and for and on behalf and for the sole profit 
 and benefit of said creditors, that is to say : 
 
 1. All, each and every the movables, movable property, stock in trade, 
 goods, wares, merchandise, shop and office fixtnres, furnitnre and effects of every 
 kind, shape and description whatsoever, now in and about the place of business 
 and residence of the said party, of the first part, including all cash in hand, 
 and moneys in his possession. 
 
 2. All book debts and credits due and owing to him the said party hereto 
 of the first part, with all books of account, all bills receivable, notes, judgments, 
 obligations, evidence of debts, and vouchers generally whatsoever. 
 
 3. All leasehold estates held by the said party of the first part lor the 
 unexpired term or terms thereof. 
 
 4. All lands, immovable property and real rights l)elongM<g to the said 
 party of the first part and generally all property, rights and assets of every 
 nature belonging to said party of the first part. 
 
 To have and to hold the whole of the said movables, movable property, 
 stock, goods, wares, merchandise and eftects, including all household furniture 
 and household estates, moneys, debts, evidences, vouchers, books, lands and 
 other immovable property and other assets generally whatsoever unto the said 
 party of the second part as such assignee in trust, and to enter upon the same 
 and take possession thereof forthwith, to and for the use, end and purposes here- 
 inafter mentioned, that is to say : 
 
 1. To sell and dispose of the whole or any portion of the assets of said 
 estate, en bloc, or in detail, by public or private sale, after advertisement, or 
 otherwise, as the said party of the second part may deem best. 
 
 2. To pay all the costs and expenses of carrying out and executing these 
 presents, in the disposal and sale of said movables, movable property, stock, 
 merchandise, leasehold estate lands, real rights and other property ; in collecting 
 and getting in said dejjts, credits, and other assets hereby assigned, abandoned 
 and transferred, and generally in the winding up of said estate. 
 
 3. To pay all rent and privileged claims out of said estate which may be due 
 by the same according to their legal order of preference. 
 
 4. To divide from time to time, and as said assignee shall deem proper, the 
 whole rest and residue of said estate, i>ro rata, among said creditors, according 
 to their several and respective claims, as filed by them with the party of the 
 second part. 
 
 And as for the purposes aforesaid, the said party of the first part hereby gives 
 and grants to the said party of the second part, ns such assignee in trust, full 
 power and authority to use and take all lawful ways and means to recover, 
 receive, and get in all outstanding debts and credits of every nature, kind and 
 description ; to commence and prosecute to a final end all iictions and suits at 
 law or in equity for the recovery thereof against all or any person or persons 
 whomsoever, who may be indebted towards the said party of the first part ; to 
 take all proceedings at Law or inequity that may be necessary to be placed or 
 put in possession of any property, or eftects to which the said party of the first 
 part may be entitled ; to defend all actions, suits and proceedings already 
 brought, or which may hereafter be brought against said party of the first part ; 
 to grant all necessary receipts and discharges, to sign and execute all deeds of 
 
 ■] 
 
 A 
 
RATIFICATION OF ASSIGNMENT. 
 
 ol 
 
 sale, tmii.sfer, conveyance and other instruments and documents required in the 
 disposal of the property or other assets, movahle or immovable, belonging; to 
 said party of the first part, and to act and transact in all njatters :i;»d things 
 connected with said estate, and the property, effects, and assets tliereto, belong- 
 ing or depending as fully as he the said party of the first part might or 
 could do, the said party of the first part hereby substituting and subrogating 
 the said assignee, party hereto of the second part, in all the rights, actions, 
 claims and demands, droits, noma, raisons et artious, of every nature and kind of 
 the said party of the first part in the premises, and for all purposes hereof said 
 party of the second part is hereby named and constituted the Attorney iriovoc- 
 ably of the said party of the first part. 
 
 And the said party of the first part doth hereby promise and oblige him- 
 self to execute in lavor of the said assignee party hereto of the second part, 
 and for the use and benefit of all the credittirs of him the said part of the first 
 part, all other and further deeds of Transfer, cession and assignment, and all 
 deeds of conveyance and other instruments which may be necessary, or thought 
 necessary by the said party of the second part with the seizing and possession 
 of said Estate and all and every the assets thereof, and furthermore to assist 
 said party of the second part by giving such information and rendering such 
 services as may facilitate the winding up of the affiiirs of said estate. 
 
 Done and passed at the said City of Montreal, on the day of , 
 
 one thousand, eight hundred and eighty , and the number thousand, 
 
 hundred and , and signed by said parties with and in the presence of 
 the said undersigned Notary, after due reading hereof 
 
 Assitjiunvnt of Miniinj Lease, see Lease. 
 Assignment, Ratijication of. 
 
 RATIFICATION OF ASSIGNMENT. 
 
 On this day, etc., 
 Befork, etc., 
 Personally came and appeared A., L. & M. {residences and occupation), creditors, 
 
 Of the first part : 
 And B. & Co., of . , 
 
 Of the seco)id part. 
 
 Who declared that whereas by a certain Deed of As':lgiinient made and 
 executed l)efore H., Notary Public, on the , the said B. & Co. did 
 
 assign and make over certain estate movable and innnovable debts and monies 
 to C. D. {residence a?id occupation), in trust for the benefit of certain creditors 
 parties to the said deed, and of all other creditors of the said B. & Co., who 
 might afterward consent to the terms and conditions therein contained. 
 
 And, whereas the said A., L. & M. are respectively creditors of the said 
 B. & Co., to wit: 
 
 The said A., for the sum of • 
 
 The said L., for the sum of ; 
 
 And the said M., for the sum of ; or thereabouts. 
 
turn 
 
 32 
 
 RATIFICATION OF ASSIU'NMFNT. 
 
 V 
 
 And, whereas the crediiors who are parties to the said deed, have thereby 
 releiised the said B. & Co. ol" and from the payment of their respective debts, 
 and the said A., L. & M. are also wilHng to do so. 
 
 Now, therefore, these presents witness that the said A., L. & M did and do 
 hereby consent to the terms of and ratify the said Deed of Assignment, and 
 release and forever discharge the said B. & Co. of and from the payment of the 
 aforesaid sums due them respectively, and all other debts due to them or either 
 of them respectively, in consideration of the assignment which the said B. & Co. 
 have made of their estate in and by the said deed of which the said A., L. & M. 
 acknowledge to have had connnunication. 
 
 Provided always — and it is hereby agreed between the parties hereto — 
 that the present release is made under and subject to all and singular the terms, 
 provisos, and conditions specially set forth in the said Deed of Assignment, and 
 all and every the limitations therein contained. 
 
 And the said B. & C. do hereby accept of the present release. 
 
 Done and passed. 
 
 I 
 
 !a t 
 
 Atfoniei/, Account Rendered hi/, see Accmmt. 
 
 Attorney, Power of, see Mandate. 
 
 Attorney, Power of, to Attend Meeting of Creditorfi, sec Mandate. 
 
 Attorney, Poicer of. Before Witnesses, very tjeneral, see Mandate. 
 
 Attorney, Poiver of, to he Endorsed on Instrument, see Mandate. 
 
 Attorney, CanceUation of Power of, see Mandate. 
 
 Auction of Movables of a Succession, see Inventory. 
 
 Aidhorization, Declaration hy Married Woman Seekiny, in Ahsencc of her Ilushand, 
 
 see Notoriete. 
 Authorization of a Married Woman hy her IliUihand, see Woman. 
 Aicard of Arbitrators, see Arbitrators. 
 
 'ill 
 
RENUNCIATION OF BENEFI'^ OF INVENTORY. 
 
 BANK. 
 
 38 
 
 Acquittance to a Savings Bank when the Passbook has been Lost. 
 
 On this day, etc. 
 
 Before me, etc. 
 Personally came and appeared A., of , etc., who acknowledged and con- 
 
 fessed to have had and received at the execution hereof, of and from " The 
 Molsons Bank," a body politic and corporate (Savings Department) the sum of 
 five hundred dollars currency, the amount in full in principal deposited by the 
 said A. in the said Bank as appears by the Account number 90, and the further 
 .sum of nineteen dollars, interest thereon up to this day, for the whole of which 
 a full, general and final discharge and acquittance is hereby given and granted. 
 
 And whereas the passbook given l)y the said Bank to the said A., wherein 
 were entered all sums of money deposited and withdrawn is lost and cannot be 
 found, he the said A. doth hereby bind and oblige himself to warrant and 
 defend the said Bank, and keep the said Bank, and the President, Directors and 
 all oificers thereof free and harmless of and from all claims and demands gener- 
 ally whatsoever which may or might be made upon or against them by reason 
 of the said Passbook being hereafter found and in any way made use of 
 
 Done and passed, etc. 
 
 '*!J 
 
 Batih Shwl: of Miuors, Pditloti to Sdt, hcc Slocl-. 
 
 Bank /Stock, Declaration of 'J'ransinissioii, sec Stock. 
 
 Banjain and Sale before Witnesses, see Sale. 
 
 Bartjain and Sale, Memorial of, .see S(de. 
 
 Bed and Board, Petition for Separalio)/, see Separation. 
 
 Benefit of Inventor i/, Pctiliimfor, see Inventor i/. 
 
 Benefit (f Inreidori/, Account rendered-nnder, see Tnvent<n'ij, Account. 
 
 %\ 
 
 HENUNCIATION OP BENEFIT OP INVENTORY, C. C. 1321, ei scq. 
 
 Before, etc., 
 Personally appeared A. B., of, etc., who declared to have renounced as he doth 
 hereby renounce to the- ])enofit of inventory acquired by him in the succession 
 of his father, the late 8. B., by reason of 
 
 1. The inventory of the property of the said succession made upon the 
 death of the said late' 8. B., by Z. X., Notary Piildic, the 
 
 2. By the petition of the said A. B. granted l)y the Honorable one 
 of the Judges of the Sujjcrior Court for Lower Canada in the District of , 
 whereby he the said A. B. was permitted to accept the said succession under 
 benefit of inventory. 
 
 He the said A. B. hereby declaring that lie accepts the .said estate and 
 succession of his said late father purely and simply. 
 Whereof Acte. 
 Done and passed, etc. 
 
i ! 5 
 
 34 
 
 IllI.L OF KXCIIANilE— PROTEST OF. 
 
 t ; 
 
 BILL OF EXCHANGE, PROTEST OF, C. C. 2319 d seq. 
 
 [$500 00.] 
 
 Qiuhec, 1st 3f(U/, ISSG. 
 Thrri; i)ir»/lh.i nftrr dutc pdj/ in the order of G. D. fit the Molmns linrth, 
 Mo^itrecd, fire himdred dolhtrf^, ridxe rcceired, mid ehiirye the same to occoind 
 of ' . 
 
 To M. N. d- Co., 
 
 ( Endorsed) 
 
 {Signed) 
 
 A.B. 
 
 a D. 
 
 (Sh/iied) M. N. d- Co. 
 
 Moiitretd. ^ 
 
 Aceepted, Afoiitreid, 10th M((>/, 18S0 
 
 (Tlio accoptance is u.sually written across the lace of the Bill.) 
 
 On this fourth day of August, in the year one thousand eiglit hundred and 
 eighty-six, in the afternoon, T, Z. X., Notary Pu))lic for the Province of Quebec, 
 in the Dominion of Canada, dwelling in the City of Montreal, at the request of 
 The Molsons Banlc, in the said City of Montreal, did exhibit the original Bill of 
 Exchange, whereof a true copy is above written, unto M. N. & Co. the Acceptors 
 thereof at the ofTice of The Molsons Bank in this City, and s})eaking to a clerk 
 thereof did demand payment thereof, unto which demand he answered "No 
 fumls." 
 
 Wherefore, 1, the said Notary, at the request aforesaid, have protested, and 
 by these presents do protest, against the Drawer, Acceptors and Endorser of the 
 said Bill, and all other parties thereto or therein concerned for all exchange, re- 
 exchange, and all costs, damages, and interest, present and to come, for want of 
 payment of the said Bill, 
 
 All of which I attest under my signature. 
 
 (Protested in Duplicate, one whereof remains of record in my oifice, under 
 the number thousand lumdred and ) 
 
 Z. X., Notary Public. 
 
 And afterwards, on this fourth day of August, in the year of our Lord one 
 thousand eight hundred and eighty-six, I, the aforesaid Protesting Notary 
 Public, did serve due notice in the form prescribed by law (a duplicate whereof 
 immediately follows these ])resents) of the foregoing Protest for non-payment of 
 the Bill thereby protested upon A. B., the drawer thereof, and C. D., the 
 emlorsor thereon, by depositing such notices directed to the said A. B. at Quebec 
 and to the said C. D. at Montreal, in Her Majesty's Post Oflice, in this City of 
 Montreal, and prepaying the postage thereon ; of which said notice a duplicate 
 is hereto attached : 
 
 In Testimony Whereof, I have, on the last mentioned day and year, at 
 Montreal aforesaid, signed these presents. 
 
 Z. X., Notary Public. 
 {Form of riotiees. ) 
 
 To A. B., Quebec, Drawer, 
 To C. D , Montreal, Endorser. 
 
 Montreal, 4th August, 1880. 
 A. B.'s Bill of P]xchange for ^500, dated at Quebec the 1st May, 1880, upon 
 M. N. & Co., Montreal, and by them accepted in favor of C. D., payable three 
 months after date and by you drawn or endorsed was this day at the request of 
 The Molsons Bank, in this City duly protested by me for non-payment. 
 
 Z. X., Notary Public. 
 
RILL OF KXCIIANdK-rAYAnLH AT A STATlin [•LACll 
 
 36 
 
 BILL OF EXCHANGE-NOTING FOR NON-ACCEPTANCE, C C. 2291). 
 
 (Copy of Bill luicl Eiidorsuineiits.) 
 
 On this uay, tho first of May, 188(5, the uhovo bill was hy mo, at the 
 ruqucst of C. I)., of the City of Montreal, merchant, presented for acceptance to 
 E. F., the drawer, personally (or at his residence, otKce, or usual place of 
 business in the city, town or village of ), and I received for answer : 
 
 " ," the said Bill is, therefore, noted for nc a-acceptance under the 
 
 number 
 
 A. B., Jlotary Public. 
 
 Montreal, 1st May, 1880. 
 
 Due notice of the above was by me served upon \^\ J); ■ the { l.!,'„'ir,;;:, r pi-'rson- 
 ally on the first day of May, instant, 1885, (or, at his residence, olHce, or usual 
 place of business in Montreal, on the first day of May instant, 1880 ; or, by 
 depositing such notice directed to him at Montreal, in Her Majesty's Post OtHce, 
 in this city [town or village], on the first day of May, instant, 1880, and pre- 
 paying the postage thereon.) 
 
 A. B., Notary Public. 
 
 PROTEST FOR NON-ACCEPTANCE OR FOR NON-PAYMENT OF A 
 BILL PAYABLE .GENERALLY, C. C. 2303. 
 
 (Copy of Bi'l and Endorsements.) 
 
 On this first day of May, in the year 1880, I, A. B., Notary Public for 
 the Province of Quebec, dwelling at the City of Montreal, at the request 
 of M. N., of , did exhibit the original Bill of Exchange, whereof 
 
 a true cojjy is above written unto E. F., the [w,',,',,,) thereof personally, (or 
 at his residence, olhce, or usual place of business in Montreal) and speaking 
 to himself (or his wife, his clerk, or his servant, etc.), di<l denumd JiV;",/;,!;|[''''] thereof 
 unto which demand ^li,;',] imswered, " No Funds." 
 
 Wherefore I, the said Notary, at the request aforesaid, have protested, and 
 by these presents do protest against the acceptor, drawer and endorsers (or 
 drawer and endorsers) of the said Bill, and other parties thereto or therein 
 concerned, for all exchange, re-exchange, and all costs, damages and interest 
 present and to come for want of {iV,;;,',;';,'!"') of the said bill. 
 
 All which I attest under my signature. 
 
 (Protested in duplicate, one whereof remains of record in my office under the 
 number 
 
 A. B., Notary Public. 
 
 PROTEST FOR NON-ACCEPTANCE OR FOR NON-PAYMENT OF A BILL 
 PAYABLE AT A STATED PLACE, C. C. 2303. 
 
 On Tins first day of May, in the year 1880, I, A. B., Notary Puldic for the 
 Province of Quebec, dwelling at the City of Montreal in said Province, at the 
 request of M. N., of , did exhibit the original Bill of Exchange, whereof 
 
 a true copy is above written, unto E. F., the (a,';'",',,",,) thereof, at Montreal, being 
 the stated place where the said Bill is j)ayable, and there speaking to , 
 
 did demand ^'["lyiS'^^f the said Bill; unto which demand he answered '' ." 
 
f 
 
 :! 
 
 if 
 
 ^1 
 
 36 
 
 lill.L OF KXVUANGE— NOTICE OF A NOTING. 
 
 . I 
 
 Wherefore, I, the said Notary, at the request aforemiid, have protested, and 
 by these presents do [)rote8t against the Aeceptor, Drawer and Endorsers (or 
 Drawer and Endorsers) ot" the said Bill, and all other parties thereto, or therein 
 concerned, lor all exchange, re-exchange, and all costs, damages and interest 
 present and to come for want of ^iVa'y',|,','',','t''') t>f the said Bill. 
 
 All which I attest nnder my signature. 
 
 (Protested in Duplicate, one whereof remains of record in my oflice, under 
 the number .) 
 
 A. B., Not. Pub. 
 
 PROTEST FOR NON-PAYMENT OF A BILL NOTED, BUT NOT 
 PROTESTED FOR NON-ACCEPTANCE, C. C. 2320. 
 
 If the Protest is made by the Notary who noted the Bill, it should 
 immediately follow the act of noting and memorandum of service thereof, begin- 
 ning with the words " And afterwards on, etc.," continuing as in the last 
 preceding form, but introducing between the words " did exhibit" the word 
 " again," and in a parenthesis between the words " written unto," the words 
 (and which Bill was by me duly noted for non-acceptance on the first day of 
 May last. ) 
 
 But if the Protest be not made by the same Notary, then it should follow a 
 copy of the original Bill, and endorsements and noting marked on the Bill, and 
 then in the Protest introduce in a parenthesis between the words " written 
 unto," the words (" and which Bill was, on the first day of May last, by Z. X., 
 Public Notary for the Province of Quebec, noted for non-acceptance, as appears 
 by his note thereof marked on the said Bill.") 
 
 ■'i i 
 
 i: 
 
 ■I 
 
 NOTARIAL NOTICE OF A NOTING, OR OF PROTEST FOR NON- 
 ACCEPTANCE, OR OF A PROTEST FOR NON-PAYMENT OF A 
 BILL, C. C. 2303, 232G. 
 
 (Place and date of noting or of protest.) 
 
 1st. To P. Q., (the Drawer) at 
 
 Sir, — Your Bill of Exchange for $ , dated at the upon 
 
 E. F., in favor of C. D., payable days after '•^j^l!] was this day, at the request 
 of duly |X,„,J by me for lir^i^'illifill 
 
 A. B., Not Pub. 
 
 (Place and date of noting or of protest.) 
 
 2nd. To C. D., (Endorser,) (or F.G.,) at 
 
 Sir,— Mr. P. Q.'s Bill of Exchange for $ , dated at the 
 
 u^wn E. F. in your favor (or in favor of C. D.) payable days after |,'',',f,','.'^) and by 
 you endorsed, was this day at the request of duly {".".^tcsteai by me 
 
 *"* (li(>li-|>,iyl)lrlit, ) 
 
 A. B., Not. Pub. 
 
liltlTISIl ^UIUF.CT -I'ETITIOX, OAT/f oh' Al.l.Hi; I.WCK ETC. 
 
 37 
 
 ACT OF NOTARIAL SERVICE OF NOTICE OF A PROTEST FOR NON- 
 ACCEPTANCE OR NON-PAYMENT OF A NOTE (to bo siibjcniictl to 
 the Protest), C. C. 23U3, 2320. 
 
 And iifterwards, I, the aforesiiid protestiiifj; Notary I'lihlic, did serve due 
 notice in the form prescribed by hiw of tlie foregoing protest iov (^'Xi'l'iyZ'ur i^'t' 
 the J!;|;{,.^ thereby jjrotested upon |,'|.i{;;^ the {kX™.,! personally, on the day 
 
 of , (or, at his residence, office, or usual place of business in , on 
 
 the day of ; or by depositing such notice, directed to the said (c' [i; j 
 
 at in Her Majesty's Post Office in this City (town or village) on 
 
 tlie day of , and prepaying the postage thereon.) 
 
 In testimony whereof, 1 have on the last mentioned day and year, 
 at aforesaid signed these presents. 
 
 A. B., Not. Pub. 
 
 SCHEDULE OF FEES AND CHARGES, C. C. 2337. 
 
 For presenting and noting for non-acceptance any Bill of Exchange, 
 and keeping the same in record §1 OU 
 
 Copy of the same when required by the holder 50 
 
 For noting and protesting for non-payment any Bill of E.vchange or 
 1 romissory Note, Draft or Order, and putting the same on record 1 00 
 
 For making and furnishing the holder of any Bill or Note with 
 ])u])licate Copy of any protest for non-acceptance or non-payment, with 
 certificate of service and copy of notice served upon the Drawer and 
 Endorsers 50 
 
 For every notice; including the service, and recording copy of the 
 same to an Endorser or Drawer, in addition to the postages actually paid 50 
 
 Bond of Arbitration, see Arbitration. 
 Bond, bottomry and reKpondcntia, sec Obliijation. 
 Bond of Redemption, see Redemption. 
 Bottomry and respondentia Bond, see Obliijation. 
 
 PETITION TO BECOME A BRITISH SUBJECT, 31 Vic, Cap. GO. 
 
 Pkovin( ' OF Quebec, } 
 District of Montreal. ^ 
 To the Honorable the Judges of the Superior Court for Lower Canada, in the 
 District of Montreal, or to any one of them : 
 
 The Petition of A. B. of the City of Montreal, Merchant, 
 
 Respectfully showeth : 
 
 That your Petitioner is a foreigner, born at , in the Empire of 
 
 Brazil, that he has resided in this Province not less than three consecutive 
 years, with the intention of making it his permanent place of residence. 
 
 That your Petitioner, with the view of becoming a naturalized British 
 subject, and of obtaining in consequence a certificate of naturalization, has taken 
 the oaths of allegiance required by law and obtained a certificate theieof, as 
 appears by the documents produced lierewith. 
 
 i 
 
■A 
 
 38 
 
 FOltM Of CEIiriFIUATJ-: FltnM A JlftiTlCK t)F TIIK rFACtl 
 
 For the roasotiH iitoroHiiid, your petitioner priiyM that ho may be j!;nmte(l 
 
 under the authority of this Court a eertilicate of naturalization attt-sting that 
 your Petitioner has conlorined to the various requirements of the hiw. 
 
 And you will do juwtiee. 
 
 Dated at Montreal, the day of , one thoUHand eight 
 hundred and 
 
 Sworn before nio, (Signed) 
 
 (Notary ruMic.) A. B. 
 
 OATH OF RESIDENCE. 
 
 ii 
 
 I, A. IJ., do swear (or, being one of the persons allowed by law to affirm in 
 judicial cases, do affirm) that 1 have resided three years in this Province, with 
 intent to settle therein, without having been during that time a stated resident 
 in any foreign country. So help me God. 
 
 Sworn before me at } \ m 
 
 this day of 1« S 
 
 (Justice of the Peace.) 
 If the petitioner has resided in Canada on and since the 1st July, 1807, the 
 Stat. Can. o\ Vic. cap. 22 provides the following oath : — 
 
 I, A. B., do swear (or affirm) that I had a settled place of abode in the 
 Dominion of Canada, on tlie 1st July, 18G7, and resided therein with intent to 
 settle therein, and 1 have continually since resided therein. 
 
 A. B. 
 Sworn before me at the City of Montreal this, etc., 
 
 C. D., Justice of the Peace, 
 
 District of Montreal. 
 
 FORM OF CERTIFICATE FROM A JUSTICE OF THE PEACE. 
 
 I ■ '■; 
 
 BKC, } 
 
 eal. ^ 
 
 Province of Qukbkc, 
 District of Montr 
 
 I, the undersigned, one of Her Majesty's Justices of the Peace for the 
 District of Montreal, do liereby certify that A. B., of the said City of Montreal, 
 Merchant, has resided in this Province for three years and more, that he bears 
 a g(X)d reputation, and to the best of my knowledge there is no reason for 
 refusing him the rights and privileges of a Britisli-born subject. 
 
 And 1 certify that the said A. B. has subscribed to and niade the oaths 
 (or affirmations) of residence and allegiance required by law, and all other 
 formalities. 
 
 In faith and testimony whereof, I have signed the present certificate to 
 serve and avail tluj said A. B. as of right. 
 
 Dated at the said City of Montreal the day of , one thousand 
 
 eight hundred and 
 
 (Signed) C. D., Justice of the Peace, 
 
 District of Montreal. 
 
 
 
 fei 
 
 ,i% 
 
liVII.DEliS' VONTIiACT. 
 
 39 
 
 OATH OK AI.LECIIANCE. 
 T, A. li.. do Hinccrely promiHo and Hwenr (or bein<j;one of the porwona allowed 
 by liiw to iilliiiii ill jiidiciiil cuhos, do adirni) Unit T will he liiitlif'iil mid bear true 
 iiilcjiiaiice to Her Majt-nty Qiicfu Victoria, iis Itiwi'ul Sovert'ijL!;ii of the United 
 Kingdom of (Ircat JJritain and Ireland, and of the Dominion of Canada, 
 dependent on and beloiifring- to the said United Kini^'dom, and that I will defend 
 her to the utmost of my jjower against all traitorous ccmspiracies and attempts 
 whatever which shall be made against her person, crown or dignity, and that I 
 will nsc my utmost endeavors to disclose and make known to Her Majesty, 
 her heirs and successors, all treasons and traitorous conspiracies and attemjits 
 thereat I may ascertain to exist against her or any of them, and all this I do 
 swenr or (ailirm) without any e<piivocatiou, mental evasion, or He(!ret reservation, 
 and ri'iiouncing all panlons and dispensations from any pi^rson or persons wluit- 
 ever to the contrary. So hell) me ^'•"'• 
 Sworn (or allirmed) before me, v 
 
 at , this day ( ^ jj 
 
 of one thousand ( 
 
 C. D., Justice of the Peace, 
 Listrict of 
 
 
 BUILDERS' CONTRACT. 
 
 On this day, etc., 
 
 Bkkohe, etc.. 
 Personally came and appeared A. B., of , Merchant, 
 
 0/ the fi rut pari ; 
 
 And C. D.,of , Contractor, 
 
 Of the 8ccn)t(l part. 
 
 Which said parties declared to said Notary to have covenanted and agreed 
 with each other, in the manner following, that is to say, 
 
 The said 0. D. , for the considerations, and under and subject to the condi- 
 tions and stipulations hereinafter mentioned, doth hereby undertake and 
 promise, bind and oblige himself to do, execute and perform in a good, neat, 
 projjcr, substantial and workmanlike manner, and of the best materials of their 
 several kinds, the whole and every part of the carpenters' and joiners' work 
 re([uired to be done, and requisite and necessary in the erection and completion 
 of a block of houses on St. Catherine Street, on the lot of land, {(fire 
 deseripfiov), according to the jjlans and drawings of the same made by R. S., 
 of Montreal aforesaid, Escpiire, Architect, in whose possession it is agreed the 
 same shall remain for general reference, being numbered one to ten, and in 
 strict conformity with the specifications of the said works annexed hereto as 
 forming part hereof, which said ])lans and specifications are identified by the 
 signatures of the parties hereto and said Notary, and also in conformity with 
 such descriptions and details as may from time to time be given and furnished to 
 the said contractor during the progress of the said works; and should anything 
 l)e omitted in either which is considered necessary for the completion of saiil 
 works, the said contractor hereby agrees to execute the same Avithout obtaining 
 any advantage by such omission, but shall supply whatever may be wanting to 
 finish the whole in a complete and perfect state according to the directions, 
 details and .specifications aforesaid. 
 
Ml 
 
 
 
 •fti 
 
 ■■« i; • 
 ^1 
 
 
 :j:r 
 
 II) 
 
 III' U. nuns' aoXT/iACT. 
 
 And lor tiio purposes alurcHaid the said coiitnu'tor shall, iind ho doth iicrchy 
 afiroo, to lliid, provide and I'liniisii all and every kind of materials, tools, labor, 
 implements. carriafj;es and scalVoldin^r, and the recpiisite number of meohanies 
 and workmen, and all things needful and proper for the due and proper perform- 
 ance and completion of the said works hcrehy undertaken, and ull matters and 
 things incident to the same. 
 
 The said works shall he connnenced forthwith and linished and completed 
 with all due diligence, luider the superintend»Mi(H' of the said Architettt, to the 
 entire approval of the said proprietor, or his said Architect. 
 
 And it is hereby understood and agreed, that no addition to or omission 
 from the said specifications or the details to be furnished as aforesaid, or the 
 said plans or any deviation therefrom, hIirII in any way invalitlate or make void 
 the present agreement, but the same shall be ascertained by the Architect, and 
 the nn\ount so ascertained, shall be added to or deducted from the contract sum 
 hereinafter mentioned as the case may be. 
 
 And it is further agreed and understood, that from tlie commencement of 
 the Haid works initil the actual completion, delivery and accei)tance thereof, the 
 care of the 8ame and whatever appertains or belongs thereto, shall be with the 
 said contractor, and the said proprietor shall not be accountable for any part of 
 the said works, or any materials or anything connected therewith which may 
 happen to be lost, stolen, burnt, damaged, or destroyed in any manner how- 
 soever ; and in any case of tlie like occurring during the progress of said works, 
 or before their linal completion, delivery or acceptance, the said contra(^tor shall, 
 and he doth hereby hind and oblige himself to repair and replace such parts of 
 said works as may happen to l)e lost, stolen, burnt, damaged, or otherwise 
 destroyed, to the entire exoneration of the said proprietor. 
 
 And it is further understood and agreed, that the said details and descri|> 
 tions so to be given during the progress of the said works shall be ecpnilly 
 binding with the said specilications ; and should anything be omitted in either 
 which is c(msidered necessary for the completion of tlie said works, the said 
 contractor hereby agrees, to execute the same as if it had been particulary 
 specified without obtaining any advantage by such omission ; but shall supply 
 whatever may be wanting to iinisli the whole in a complete and perfect state, 
 according to the directions, details and sj)ecifications aforesaid. 
 
 And it is further agreed and understood, that the said contractor shall clear 
 away from time to time, and at the end of this contract, all rubbish which may 
 accumulate in the performance of the present contract; and also that no allow- 
 ance shall be made to the said contractor for any extra or additional work, 
 unless the same be ordered in writing by the .said proprietor or his .said architect. 
 
 And the said contractor doth hereby bind and engage himself to have the 
 said works completed, to wit the roof finished on or betbre the , and 
 
 the remainder of the said works on or betbre the , under a penalty 
 
 of all damages that may accrue in default thereof (or of dollars a day, etc.) 
 
 The present contract is thus made and entered into by and on the part of 
 the said contractor for and in consideration of the sum of $10,000 currency, 
 which the said A. B. doth hereby promise, bind and oblige himself to well and 
 truly pay, or cause to be paid, to the said contractor, as the works hereby con- 
 tracted for shall progress at the rate of (eighty-five) per centum, on all work 
 done and materials furnished on the ground, to be estimated by the said Archi- 
 tect, and the remaining (fifteen) per cmlKiii, which, in the meantime, shall be 
 retained in the hands of the said proprietor as .security for the due and faithful 
 
 ffi 
 
luriLDHits' aoyriu cr. 
 
 41 
 
 porfonnimco of the prcHont contract hIiiiII bo paid to tliu wiid contractor witliin 
 thirty dayH after the Haid works aro liually ('oinplt'ted, delivered and accepted 
 hy the said proprietor. 
 
 Tiie i)reHent contract is fiirthormoro made under and sulyect to the stipuhi- 
 tions following, to wit: — 
 
 In case of Htojjpage of the 8ai<l works, the said contractor shall not ho 
 entitled to claim any compensation as pros|)e(!tiv(( profit under the present 
 contract; payment, however,shall he made to him in full for niatiu'ials and work 
 done, and also for contracts entered into by him with other parties connected 
 with the said works. 
 
 The said Arcdiitect shall have power to order oil the ground all improper 
 and uiLsound materials, and his opinion on the works done shall bo final and 
 conclusive. 
 
 In case the said contractor refuses to proceed with the works with such 
 diligence as to enable him to complete tiie .same at the time above mentioned, 
 the said proprietor shall have the power to take the works into ids own hands, 
 and finish the same at the contractor's expense, and the amount expiMided by 
 him in so <loing, over and above the C(m tract sum to be paid under this agree- 
 ment, shall be recovered by law if needs be. 
 
 The contractor shall not sublet the present contract or any portion thereof 
 without the written consent of the .said proprietor or architect. 
 
 In case any diflerence of opinion shall arise in regard to the construction 
 to be placed upon any of the provisions of the present contract or of the said 
 .specifications, the .said architect's opinion and decision thereon shall rule, and be 
 binding on all parties. 
 
 Any notice which it may be requisite to serve on the said contractor con- 
 nected with the said works, may be addres.sed to him at his own domicile, or at 
 the place where the .said works are carried on, and left at the Post Ollice in 
 Montreal, and any paper writing so addressed and left at the Post OtHce, shall 
 be considered legally served upon the said contractor. 
 
 And it is hereby agreed and understood by and between the .said contract- 
 ing parties hereto that none of the clauses herein contained shall be considered 
 connuinatory {conuiim(((oir<'.s) ; but, on the contrary, the .same and especially the 
 clause relating to the penalty to be incurred in case of default by the contractor 
 in completing the works at the time above stipulated shall be strictly enforced 
 and be <h', rigncnr, as expressing the well understood meaning and intentions of 
 the said contracting parties, and without which these presents would not have 
 been made and executed. 
 
 And for the execution hereof, the said parties to these presents have elected 
 domiciles, at their ordinary places of abode, above mentioned, where, etc. 
 
 Done and passed, at the said City of Montreal in the Ollice of the 
 
 said Notary, under the numlier and signed by the said parties hereto, 
 
 with and in the presence of said Notary, these pres«>nts having been first 
 duly read. 
 
 ».*! 
 
mma 
 
 n 
 
 42 
 
 llKPOliT or KXl'KltT. 
 
 1 I 
 
 I b 
 
 % 
 
 Builder^a Privilege — 
 
 1. Petition. 
 
 2. Appointment and Oath of J]xpert. 
 
 3. Report of Expert. 
 
 4. Second Petition. 
 
 5. Appointment and Oath of Expert. 
 
 6. Second Report of Expert. 
 
 BUILDERS PRIVILEGE, PETITION FOR, C. C. 2013. 
 
 Pkovince of Quebec, \ 
 District of Montreal. ^ 
 To the lIonoral)le the JuHticcH of Iler Majesty's Superior Court for Lower 
 Canada, in the District of Montreal, or to any one of them : 
 The Petition of A. B., of the City of Montreal, in said District, Contractor 
 and Builder, 
 
 Humbly represents : 
 
 That your Petitioner has entered into a Contract with one C. D., of this 
 said City of Montreal, Merchant, and undertaken to erect and make upon a lot of 
 Ian i on Dorchester Street, in the said City of Montreal, known by the number 
 fifteen hundred on the cadastral plan of the St. Antoine Ward, certain stone 
 work and excavations and drains. 
 
 That your Petitioner is desirous of securing his privileged claim as builder 
 upon the said property, under the provisions of Article 2013 of the Civil Code of 
 Lower Canada, and for that purpose to have an Official Statement made estalj- 
 lishing the state of the premises on which the works are to be made b}' an 
 Expert appointed by one of Your Honors. 
 
 Your Petitioner therefore respectfully prays that Your Honors, or one of 
 Your Honors, will be pleased to name a fit and proper person as Expert, to make 
 and complete a statement establishing the state of the premises on which the 
 Avork is to be done. 
 
 Montreal, September, 
 
 (Signed) M. N., Notary Public 
 
 for the Petitioner. 
 I do grant the foregoing Petition, and do name P. Q., of the City of Mont- 
 real, Lumber Merchant, as Expert to make the statement required. 
 
 (Signed) Judge. 
 And the said P. Q. personally appears before mo and maketh oath tlu't he 
 will faithfully perform his duty as such Expert, according t« law, and signs his 
 name. 
 
 (Signed) 
 SAVorn and acknowledged before ) p ^. 
 
 me this day of ) ' ^' 
 
 (Signed) Judge. 
 
 '"lij 
 
 m 
 
 REPORT OF EXPERT. 
 On this day, etc. 
 Before, etc.. 
 
 Personally a])peared, P. Q., of, etc.. who declared to me the said Notary : 
 That on the Petition presented to the Judges of the Superior Court for Lower 
 
 
SKGuN^n PF/riTlON AND UrATKMENT. 
 
 43 
 
 Ciiiiiulii ill tho District of Montreal, by A. B., of, etc., lu; tlio .said P. Q. was l)y 
 order granted by tlie Honorable , one of the Judges of the said Superior 
 
 Court, on the appointed Expert to examine and make a statement 
 
 establishing the value and state of the property referred to in the s.iid Petition 
 belonging to upon which the said A. B. is making certain stone work 
 
 aiu] excavation and drains for the purpose of procuring for the said A. B. a 
 builder's privilege or hypothec upon said property. 
 
 That he has visited the said property, situate {(jh-e (lescription). 
 
 That there are no buildings or other erections thereon, but an excavation 
 made for a dwelling house, and stones and timber laid down preparatory to 
 building. 
 
 That he values the said lot, with such work and materials as are thereon, 
 at the rate of cents a foot, making a total value of $ {or value aepanUeli/). 
 
 Whereof Arfc. 
 
 Executed and delivered cii hrevel at on the day, month and year 
 
 lirst l)efore Avritten, and the sjiid Appearer has signed with and in the presence 
 of the said Notary after due reading thereof. 
 
 P. Q. 
 
 Z. X., Notary Tublic. 
 
 SECOND PETITION AND STATEMENT. 
 
 Pkovince ok Quehec, 
 District of Montreal. 
 To the Honorable the Justices, etc. 
 
 The Petition of A. B., of, etc., 
 
 Humbly represents : 
 
 That your Petitioner entered into a contract with C. D., of, etc., and under- 
 took to erect and make certain stone work, excavation and drains upon (give 
 description). 
 
 That your Petitioner caused an official statement to be made establishing 
 the condition and value of the said premises previous to the commencement of 
 said work by P. Q., of, etc., an Expert appointed for that purpose by the Honor- 
 able a Judge of the .said Court, by Order granted on the petition of the 
 said A. B., dated the 
 
 That your Petitioner has completed the said work, and is desirous of having 
 an Expert appointed by one of your Honors, to examine and value the work 
 done and to make an official statement containing a report of such examination 
 and valuation, in order that he may acquire a privilege upon the said inunov- 
 able property for the additional value given thereto by said work, as provided 
 by Article 2013 of the Civil Code of Lower Canada. 
 
 Wherefore your Petitioner prnys that your Honors, or one of your Honors, 
 will be pleased to mune a lit and proper person as Expert, to examine and value 
 the work done by said Petitioner on said property, and to make and complete 
 an official statement thereof. And your Petitioner would Hugge.^t as such 
 
 person, P. Q., of, etc. 
 
 Montreal, dav of 
 
 18 
 
 Z. X., Notary Public 
 
 for the Petitioner. 
 
li ir 
 
 Ml 
 
 V 
 
 44 
 
 SKCOND REPORT or EXPERT. 
 
 I do f?nint the foregoing Petition, and do appoint P. Q,, of as Expert 
 
 to make the statement required and referred to in the annexed Petition. 
 Montreal, ,18 . 
 
 (Signature of Judge.) 
 
 And the said P. Q. a])pear.s I)efore me and makes oath that he will faithfully 
 perform his duty as such Expert according to law, and has signed his name. 
 Sworn befoi'e me this ) PA 
 
 day of 18 . ^ ^" 
 
 (Judge.) 
 
 SECOND REPORT OF EXPERT, C. C. 2013. 
 
 On this day, etc., 
 
 Befoke, etc., 
 
 Personally appeared P. Q., of, etc., who declared to me the said Notary : 
 
 That on Petition presented to the Judges of the Superior Court for Lower 
 Canada in the District of Montreal, by A. B., of, etc., the said P. Q. was by 
 order granted by the Honorable a Judge of said Court on the 
 
 appointed Expert to examine and value the work done by the said A. B. to the 
 property referred to in said Petition, to wit — {sliort description) in oi'der that 
 the said A. B, might accpiii'e a privilege or hypothec upon the said immovable 
 property for the additional value given thereto by his said work. 
 
 That he has visited the said property and examined the work done thereon 
 by the said A. B., and that he values and estimates the work done thereon by 
 the said A. B. [N.B. It is sometimes desirable to describe the work done] at 
 $ , making rith the value placed on the said property before the said 
 
 stone work, e.vcavation and drains were added, to Avit, $ Vjy the first 
 
 statement registered on the day of a total present value of $ 
 
 Wlmveol' Arte. 
 
 Done and passed en brecet, etc, 
 
 P. Q. 
 
 /. X., Notary Public. 
 
 Business, Sule of, see iSiilt'. 
 
CHARTKli PARTV 
 
 45 
 
 Caliier des Chcrtjes, see Liritafion. 
 
 Cancellation of Poioer of Attorneij, see Mandate. 
 
 Cancellation of Sale, see Sale. 
 
 Certificate of Collation of Copy, see Copy. 
 
 Certificate of Limited Partnei-shq), see Partnership 
 
 Certificate of Mayor, see Mayor. 
 
 Certificate of Notary, see Notarial Certificate. 
 
 CHARTER PARTY, C. C. 2407, 2414, et seq. 
 
 On this day, etc. 
 
 Personally came and appeared A., of of the first part; and B., 
 
 of of the second part; which said parties declared unto me said 
 
 Notary to have covenanted and agreed with each other as follows : — 
 
 The said A., for the considerations, and under and subject to the conditions 
 hereinafter mentioned, declared to have chartered, granted, let and leased, and 
 by these presents doth grant, charter, let and lease to the said B., thereof 
 accepting : 
 
 That certain steamboat or vessel, formerly known as the O., now belonging 
 to and registered in the Port of , together with all and singular the boats, 
 
 sails, ropes, anchors, tackle, apparel, furniture and appurtenances whatsoever to 
 the said vessel belonging or in any wise appertaining, for and during the navi- 
 gation season of the present year, eighteen hundred and , reckoning say 
 seven months of the navigation of the said year, to be computed on and from 
 the day of , he the said B. accepting of the said steamer R. as she 
 now is, and promising and binding himself to make all repairs which may be 
 necessary to the said vessel and all expenses of outfit, it being hereby understood 
 and agreed that the said vessel is restricted to plying on the waters of the St. 
 Lawrence from Quebec upwards, and to the southern end of Lake Michigan and 
 the intermediate places during the whole period of the present charter. 
 
 In consideration whereof the said B. doth hereby promise and agree and 
 bind and oblige himself, his heirs and assigns, to well and tiuly pay or cause to 
 be paid to the said A., or his legal representatives, as and \v the use and hire 
 of the said vessel, the sum of % during the said season of navigation, as 
 
 follows : % on the of July now next ensuing, the like sum of $ on 
 
 the , and the remaining sum of % on the 
 
 And the said B. doth further promise and agree to and with the said A. to 
 employ and engage, at his own expense and charges, experienced and competent 
 connuanders, with a sufficient number of hands for Lhe said vessel during the 
 whole period of the present charter, and to have the said vessel found and 
 fully equipped in all respects in conformity with the Stntute regulating Steam- 
 boats navigating Provincial waters. 
 
 And it is further agreed that the said B. shall, and he doth hereby bind 
 and oblige himself to insure the said steamer for the said period at some solvent 
 Insurance Office in this City to the extent of % , and in the event of a 
 
 total loss of said vessel before the expiration of the present charter a i)roportiou- 
 ate reduction shall be made in the charter money of the same, reckoning the 
 business season seven months is aforesaid, but in the event of a partial loss 
 only, all damages, repairs and averages so incurred shall be made good from and 
 out of the monies which may be received from such insurance ; but in case such 
 
 1 
 
BH 
 
 I?! 
 
 46 
 
 CODICIL. 
 
 partial loss be siiflfcrod and ilamago result from the neglect or niisinaiiagenient 
 of the persons in charge of said vessel, for which no insurance can on that 
 account be recovered, the said B. shall be bound to make good the same at his 
 own expense and charges. 
 
 And the said B. doth hereby further promise and engage to assign and 
 make over to the said A. the Policy of such Insurance so soon as the same is 
 effected by endorsation or other valid transfer thereof, and in case the said B. 
 shall neglect to insure the said vessel as aforesaid and assign over the Policy 
 thereof, the sjiid A. shall have the right to effect such insurance either in his 
 own name or in the name of the said B., as he may see fit, and to charge the 
 same to the said A., together Avith all expenses attending his so doing, as part 
 and parcel of the charter money payable inider this agreement. 
 
 And it is hereby further agreed and understood that the said vessel shall 
 not be engaged or concerned in any illicit trade or business whereby she may 
 be liable to fine or seizure, and further that the said A. shall not be liable for 
 any debts or damages which may be contracted or incm-red by the said vessel 
 or by an}' person emphncd on board thereof, for or by reason of any cause or 
 pretension whatever during the term of the present charter, and whatever 
 claims may now exist and be against the said vessel prior to the day 
 
 of the said A. hereby engages to discharge, the said B. being hereby 
 
 released and discharged from all liability for and on account of the same. 
 
 And the said B. doth hereby further covenant and agree with the said A. 
 to return and deliver up the said steamer or vessel R., witli all and every the 
 appurtenances to the same belonging, at the expiration of the term of the 
 present lease or charter party, in the like good order, state and ct)ndition as the 
 same may be found in wlien delivered to * ' said B., reasonable tear and wear, 
 dangers of navigation, casualties by fire, the act of God, and the Queen's enemies 
 excepted, at this Port of ; or should the inclemency of the season prevent 
 
 his so doing, at some other safe port or place on the River St. Lawrence ; but in 
 the event of said vessel being totally destroyed or lost, for which no insurance 
 can be recovered, the said B. shall pay to the said A. the sum of f as the 
 
 value thereof. 
 
 And for the execution, etc. 
 
 Done and passed, etc. 
 
 Clerk, En(ja(jcuniit as, see EiKjagemcut. 
 
 CODICIL, C. C. S4U. 
 
 On this day, etc. 
 
 Befokk, etc.. 
 
 Personally came and appeared A., of the said City of Montreal, merchant, 
 who, being of sound and disposing mind, memory and understanding hath 
 requested us the said Notaries to write down and receive in due form of law a 
 Codicil to his last Will and Testament, which bears date and was i-eceived before 
 the undersigned Notaries Public, the and remains of record in the 
 
 NoUiriat of one of them, which he declared to us the said Notaries in 
 
 manner and form following : 
 
 I iiereby give, devis- and biMpieath to tlie Treasurer for the time I)eiug of 
 the Montreal General Hospital, the sum of one thousand dollars for the use and 
 
UK-KSTAliLiailMENT OF COMMUNITY OF PROPERTY. 
 
 47 
 
 benefit of that noble institution, to be paid by my executors as soon as possible 
 after my death. 
 
 In all other vespects I hereby ratify and confirm my said Last Will and 
 Testament, 
 
 The said Codicil was by the said A. declared unto us the said Notaries, and 
 by .{., one of the said Notaries, the other being present, read to the said 
 Testator who persisted therein as a Codicil to his said Last Will and Testanaent. 
 
 In testimony whereof the said A. has signed on the day, month and year 
 first before written in the Office of one of the said Notaries with and in 
 
 the presence of us the said Notaries also hereunto subscribing in his presence, 
 and in the presence of each other, these presents having been first duly read 
 and executed under the number 
 
 CODICIL, ENGLISH FORM, C. C. 850. 
 
 This is a Codicil to the Last Will and Testament of me, A. B., {residence 
 (Old orc}qia(i(i}i) which bears date the 
 
 I give and bequeath to C. D., {refiidence and occupation) the sum of 
 
 I give and bequeath, etc., etc., to be paid out of my estate before the 
 bequest or bequests in my said Will of the residue of my estate shall take effect. 
 
 In all other respects I ratify and confirm my Will, and declare that this 
 shall be taken as part and parcel thereof. 
 
 As witness my hand, at , this first day of May, one thousand eight 
 
 hundred and eighty-six. 
 
 Signed and acknowledged by the 
 Testator as a Codicil to his Will, 
 in the presence of us, who, in his 
 
 presence, at his request, and in )■ A. B. 
 
 the presence of each other have 
 liereunto set our names as wit- 
 nesses. 
 
 M. N., (residence and occupation) 
 P. Q., {residence and occuj)atio}i) 
 
 Collateral Securili/, see OUiyation, Joint and Several. 
 Collation, Certificate of, sec Copy. 
 
 RE-ESTABLISHMENT OF COMMUNITY OF PROPERTY, C. C. 1320. 
 
 On this day, etc. 
 
 Before, etc.. 
 
 Personally appeared A. B., of, etc., and Dame C. D., wife of the said A. B., 
 by whom she is duly authorised for the purposes hereof, from her said husband 
 separate as to property, by virtue of a Judgment of the Superior Court for Lower 
 Canada, in the District of , rendered by the Ihmorahle , a Judge 
 
 of said Court, on the , in a cause or suit bearing the number among 
 
48 
 
 COMPOSITION. 
 
 
 S- 
 
 ^ 
 
 ! i: 
 
 the records of said Court, wherein the said Dame C. D. was Plaintiff, and the 
 said A. B. was Defendant, and which said Judgment was registered on 
 the , together with a declaration, declaring that the following immov- 
 
 able was affected thereby, to wit ; (f/iVt; discription.) 
 
 Which said parties declared to have re-established, as they do hereby, in 
 virtue of the provisions of Article 1320 of the Civil Code, re-establish the com- 
 munity of property between them as it existed on the diiy of the celebration of 
 their marriage. 
 
 And for the execution hereof, etc. 
 
 Done and passed, etc. 
 
 DEED OF COMPOSITION. 
 
 Before, etc. 
 
 Appeared A. B., of the said City of Montreal, Dry Goods Merchant of the 
 one part, and C. D., Spool Manufacturer, E. F., Cotton Manufacturer, etc., 
 
 all of the said City of Montreal, and all creditors of the said A. B., as hereinafter 
 mentioned, and acting in unison, of the other part. 
 
 Who have declared and agreed as follows : 
 
 The said A. B. declared that in consequence of heavy los.ses sustained by 
 him in his business, partly by the falling oft" of trade, and partly b}' the failure 
 of a large number of his debtors, his capital has been encroached upon, and he 
 is unable immediately to meet his liabilities in full. 
 
 And that he is however earnestly desirous of conducting an honorable 
 business, and of freeing himself from his debts. In consequence of the premises, 
 he the said A. B. submits to the consideration of his creditors the following offer: 
 
 1. That he be released from the payment of all interest, as well that now 
 due as the interest that may accrue, including all costs incurred by reason of his 
 indebtedness. 
 
 2. That he be allowed a delay of four years, computed from the for 
 the payment of the amount of his debts, in and by eight equal consecutive semi- 
 annual payments computed from the said date, the whole with the additional 
 offer by him to furnish as security for the due payment of the said debts the 
 endorsation of his brother T. B., of the said City of Montreal, Brewer. 
 
 In sujiport of his statement above made the said A. B. has hereby submit- 
 ted to his creditoi's two accounts prepared by him, and representing, the one, 
 the balance sheet of his business, and the other, a summary of the various losses 
 sustained by him during tlm last four years, which accounts or statements are 
 hereto annexed, and identified by the signature of the said A. B., and the 
 undersigned Notary. 
 
 The said creditors after having taken due comnuu»ication of the said 
 balance sheet and summary, and being satisfied with the correctness of the facts 
 as stated by the said A. B., have accepted his proposition, an<l in consequence 
 thereof, the said parties hereto have entered into the following agreement : 
 
 Firstly. They the said creditors hereby release the said A. B. from the pay- 
 ment of all interest on the amounts due them respectively and to become due, 
 including all costs they have incurred in connection therewith. 
 
 Seeoiidly. Furthermore, they hereby grant the said A. B. a delay of four 
 
 years to pay their said liabilities in full, computed from the 
 to be made every six months computed from the said date 
 
 payments 
 
PETITION FiUl aoMrULSOIRK. 
 
 49 
 
 1 
 
 In consequenco wlioreoi' no suit at law or other action .shall be inHtituted 
 against the said A. IJ. for the recovery of the said A. B.'s debts at this or any 
 future time during said delay, except in the event of the non-payment of the 
 amounts at maturity, or in the event of any such suit being taken for a debt 
 contracted subsequent hereto. 
 
 In the event of action being taken for either of these cau.ses, the whole 
 amount remaining due by the said A. B. to the said creditors shall iuunediately 
 become exigible without any judicial demand, notice or other formality. 
 
 Those of the said creditors who have taken seizures against the .said A. B. 
 hereby agree to discontinue the same. 
 
 Thirdhi. The present release and delay have been thus granted to the .said 
 A. B. in consideration of the .security oft'ered hy him, and of the due and faithf*." 
 observance by him of the conditions above nienticmed, it being understood t ■■'. 
 in the event of the failure of the .said A. B. to implement and fulfil the said 
 covenants and conditions, the rights and claims of the said creditors will revive 
 in full, including interest and costs, notwithstanding the release above granted. 
 
 Fonrthli/. Nothing hereinbefore contained shall be understood a.s prejudicing 
 the creditors, or any of them, in their right of recovery which they now have 
 against any third per.sons for the due payment of the debts due then; or any of 
 them, no matter under what title such recourse is held. 
 
 Fi/fJiIi/. It is distinctly understood that nothing herein contained shall bind 
 any of the parties hereto until and unless these presents are duly signed by all 
 the creditors of the said A. B., or ratified by subsequent la-fe before the .said 
 Notary. 
 
 Sixthlji. And to those presents intervened the .said T. B., who has hereby 
 bound and obliged himself jointly and severally with the said A. B. unto and 
 towards the .said creditors for the due pavment at maturity of the said eight 
 equal consecutive .semi annual payments. 
 
 And for the executitm hereof, etc. 
 
 Done and passed, etc. 
 
 Com prom !>t(\ see ComposUion. 
 
 PETITION FOR COMPULSOIRE, C. C. 1245 H seq. 
 
 Province of Quebec, \ 
 District of . ^ 
 
 To the Honorable Judges of the Superior Court for the District of 
 
 The Petition of A. B. (residence and oecnputhm), 
 
 Respectfully represents : 
 
 That Your Petitioner has an interest in obtaining communication (or a 
 copy) of a certain Deed of Partnership made between (J. D. and E. F. {residences 
 and ocmpation) before M. N., Notary Public, the , for {he following 
 
 reasons : (give them). 
 
 That the .said M. N., the depositary of the .said original Deed refu.ses to 
 allow your Petitioner communication (or a copy) thereof, and your Petitioner 
 is therefore obliged to obtain a compulsoire. 
 
 i% 
 
 
 
 M 
 
«iO 
 
 VONTin: LKTTIiH 
 
 1 
 
 Wherefore your Petitioner prajH tliat an order or compulsoire iHSue 
 requiring the said M. N., within hucii dehiy as yon may I)e jdeased to fix, to 
 give your .said Petitioner coinmnni^ation (or a certified copy) of the said Deed of 
 Partnership under the penalties provided by law, on payment by your Petitioner 
 ol the cost. 
 
 And you will do justice. 
 Dated at this 
 
 (Signature) 
 Notary or Advocate for Petitioner. 
 
 Notice at the fot)t of the alxwe Petition. 
 
 ToM. N., Notiu-y Public at 
 
 Take notice, that the above written Petition will be presented to the 
 Honorable Judges of the Superior Court for the District of in Chambers 
 
 at the Court House at , on the day of at o'clock in 
 
 the noon, for the purposes therein mentioned, in your presence or absence. 
 
 Dated at the 
 
 (Signature) 
 
 The ^'< fion and Notice should be served by a Bailifl' of the Superior 
 Court, whv i .11 make a due return thereof. 
 
 
 Cmfinnatiou, see Ratificaiion. 
 Conthuiatio)) of Inventonj, see Ivrentory. 
 Coitthnitition of Pdrtvnrslnp, see Parbiership. 
 Contract of linihler, see Buihlers Contract. 
 Contract of Marriage, see Marriage Contract. 
 
 CONTRE LETTRE, C. C. 1212. 
 
 i 
 
 of the first part, and B., of 
 
 of 
 
 On this day, etc., 
 
 Before me, etc., 
 
 Personally appeared A., of 
 the second part. 
 
 Which said parties declared unto the said Notary that whei'eas by Act 
 dated the and executed in the form required by the " Merchant Shipping 
 
 Act of 1884," the said B. did mortgage and hypothecate in favor of the said A. 
 the barge or vessel called the " Champlain," bearing the official number ninety, 
 and the port number of Montreal thirteen (13) of eighteen hundred and sixty- 
 three (18G;J) as and for security for the payment of a large sum of nioney whicli 
 he the said B. owes to the said A., in accordance with three certain agreements 
 between therti, executed before K., Notary, respectively dated the 
 
 And whereas for the pur))ose of enabling the said B. to dispose of the said 
 barge "Champlain" with advantuge, he the said A. hath released the said vessel 
 from the mortgage thereon created in manner aforesaid, on condition that 
 the purchaser of the said vessel, viz., C, of should give him a mortgage 
 
 on the same for the sum of five thousand dollars, the amount of his purchase, 
 which is to be paid on the first day of January next, with interest at the rate 
 of seven ^nr ventnni per aniinm, to be accounted from 
 
OM/tTlFIOATK Of GOlJ.ATlON oF CtU'Y. 
 
 61 
 
 And wliorcas the Hiiiil C. liiiH gniiited tlu! .siiiil Mortgage; to lliu said A. 
 
 And whereas by a Bill of Sale, by way of mortgage, executed the the 
 
 said B. mortgaged to and in favor of the said A. a barge or vessel called tlie 
 " Alpha," which is registered at the Custom House at the Port of Montreal 
 under the nuud)er one (1) of eighteen hundred and sixty-three (I80:{), together 
 with several other vessels, for the purpose of securing tlie payment of a certain 
 sum of money therein mentioned. 
 
 And whereas to enable the said B. to sell with advantage the said barge 
 " Alpha," he the said A. intervened to the Bill of Sale of said barge to the said 
 C, and released the said vessel from the said mortgage, on the condition however 
 that the said (J. should grant a mortgage in his favor for five tliousand dolliU's 
 ])ayable on with interest at seven [xi' rciifiiiii pfr anitain to be accounted 
 
 irom being the consideration price of the sale of said barge, which said 
 
 mortgage the said C. has duly granted. 
 
 Now these presents witness, and the said A. doth hereby covenant, promise 
 and agree to and with the said B. that all smns of money that he may recover 
 and receive from the said C. under and by virtue or on account of the said 
 mortgages granted by the latter as aforesaid on the said barges "Champlain " and 
 "Alpha," or either of them, or any Piomissory note or notes which may be given 
 as collateral security of such payment or otherwise in connection with the same 
 shall be carried by him to the credit of the said B., and be ap[)lietl in deduction 
 for so much of the claim which he the said A. has against the said B. under the 
 several Deeds of Agreement and Mortgage above mentioned. 
 
 Done and passed, etc. 
 
 <'i\ 
 
 
 \k 
 
 Ml 
 
 hi 
 
 Convcyimce, me iSalt. 
 Couceijance, Meinorial of, .see iSule. 
 CojKirtneffiJiip, .see Partnei'Hliip. 
 Copartnership Declarations, see Partnership 
 
 CERTIFICATE OF COPY HAVING BEEN DULY COMPARED. 
 
 I, Z. X., the undersigned Notary Public for the Province of Quebec, in the 
 Dominion of Canada, residing and practising in the City of Montreal in the said 
 Province, do hereby certify and attest unto all to whom these presents shall 
 come, or whom the same may in anywise concern, that the foregoing is a just, 
 true and faithful copy of a certain Deed of Agreement between A., of and 
 
 B., of , signed and executed in the presence of two witnesses therein 
 
 named, the day of , the same having been by me therewith duly 
 
 collated. 
 
 Acte whereof being requested by the said B., I have granted the same 
 under my Notiirial Form and Seal of Office to serve and avail as occasion shall 
 or may require. 
 
 In testimony whereof, I have set my hand and seal notariiil to these 
 presents, executed at the said City of Montreal en hreoel this day of , 
 
 one thousand eight hundred and eighty-six. 
 
 Z. X.. Notary Public. 
 
I • 
 
 ■ I 
 
 1 
 
 i : 
 
 t.i 
 
 
 
 62 rt'.TiTiny for vuhatoh to rinn'HRTr of an AiisFNTFf:. 
 
 COI'YRlfJIIT, DECLARATION TO SKCITRE. 
 
 Dominion ok Canada, 
 
 I'roviiu'e of Quebec, 
 
 District of Moiitreiil. 
 
 I, A. IJ., of the City of Montreal, Bookweller, do solumiily Hwear that tliu 
 Honorable .lellerHoii Davis, Author of tlie IJtKtk eiititU'tl *' Tlie Kis(( and Kail of 
 the Confederate (lovernnient " has been residing in the City of Montreal since 
 the 25th of May last, and is still re.-^iding in this City. 
 
 (Signed) 
 
 A. B. 
 
 Sworn before nie at Montreal, ) 
 the 4th day of June, 1881. ^ 
 (Signed) C. C, 
 A Justice of the Peace in and for 
 the District of Montreal. 
 
 I, Jefferson Davis, do solennily swear and dwlare tliat I am the Author 
 and Proprietor of the Book which is this day i)id)lislu'd in London, Kngland, l)y 
 Longmans & Co., the title of which is "The Rise and Fall of the Confederate 
 Government." 
 
 And I do moreover make oath and declare that I am now present in the 
 City of Montreal, in Her Majesty's Dominion of Canada, Province of Quebec. 
 
 In testimony whereof I have hereunto set my hand and aili.ved my seal, at 
 Montreal aforesaid, this fourth day of June, eighteen hundred and eighty-one. 
 
 Sworn before me at Montreal, } ,,,. i\ , iv r^ • r r 1. 1 
 
 this 4th day of June, 1881. I (Signed) Jeller-son Davis. [L.\] 
 
 (Signed) J. L. Beandry, 
 Mayor. 
 
 Council, All vice, wc Fa mil y Onuuil. 
 Creditors, nee Mandate to attend Meetimj of. 
 Curator to an. Ahaentee — 
 
 1. Petition to a Judge. 
 
 *2. Act of Notoriety. 
 
 3. Declaration before a Notary. 
 
 4. Notice by Bailiff. 
 
 5. Advice of Family Council. 
 
 6. Petition for Homologation. 
 
 CURATOR TO THE PROPERTY OF AN ABSENTEE, PETITION FOR, 
 
 C. C. 87, 93, 347. 
 
 Province of Quebec, 
 
 RoviNCE OF Quebec, ) 
 District of Montreal, \ 
 
 To the Honorable the Justices of Her Majesty's Superior Court for Lower 
 Canada, in the District of Montreal, or to any one of them, or to the 
 Prothonotary of said Court. 
 
 The Petition of A. B., of the said City of Montreal, Merchant, 
 Respectfully sheweth : 
 
 That M., heretofore of the said City of Montreal, Gentleman, is about 48 
 years of age. That he has been ab.sent from this Province upwards of fifteen 
 
ACT OF NOTOniKTY. 
 
 M 
 
 vearH, tlint wlioii last lu'anl IVoin he was roHuliiig in tlm City ol' BniHHolH, 
 in Belgium, niiice which time no word has been received from iiiiii, and his 
 place of reHidenee is unknown, neither is it known whether he is dead or alive, 
 as appears by the "Act of Notoriety " «)f X. Y. and Z., of the said City of Montreal, 
 Merchants, received before , Notary Public, the day of laat 
 
 past, and herewith produced. 
 
 That the said M. is possessed of property in this Province over which thero 
 is no adm'iiistnitor or guardian, there not being any attorney appointed to 
 represent him, so far as is known; that the said i)rop('rty in its present abandoned 
 condition is going to ruin, to the loss and detriment of the said absentee and of 
 his presumptive heirs, and has become a nuisance to the neighbors and to the 
 public, who do not know to whom to address themselves to reijuire attention 
 thereto, and to pay the dues imposed by law thereon. 
 
 That your Petitioner was the neighbor and friend of the said M. at the 
 time of his disai)pearance, and that he is interested in him, and in the ap})oint- 
 ment of some one to represent him. 
 
 For these reasons your Petitioner pra^s that he nmy be allowed to convoke 
 before your Honors, or one of your Honors, or the Prothonotary, a family council 
 of the relatives, and in default of relatives, of the friends ol' the said absentee (o 
 take their advice on the nomination of a Curator to the said absentee, for the 
 administration of his property in this Province. Unless it should please your 
 Honors to name and authorize a Notary on the sjjot to take the advice of the 
 said family council, to a<lminister the necessary oaths, and to nuike a report of 
 his pnxieedings before you, .so that on its homologation, if it be so ordered, a 
 Curator, with the consent of the said family council, be named to the said 
 absentee for the purposes aforesaid, as rec^uired by law. 
 
 And you will do justice. 
 
 Dated at Montreal the day of 
 
 Z. X., Notary Public 
 
 for the Petitioner. 
 
 P ■ 
 
 liiij 
 
 
 ACT OF NOTORIETY. (»SVe i>re,cilin<j PvCtiou.) 
 
 Before A. B., the undersigned Notary Public for the Province of Quebec, 
 residing in the City of Montreal, 
 
 Personally ai)peared X., Y., Z., etc., all of the said City of Montreal, 
 Merchants, who, having made oath on the Holy Evangelists belbre the said 
 undersigned Notary, declared : 
 
 That they were well acquainted with M., formerly of the said City of 
 Montreal, Gentleman. 
 
 That to their certain knowledge the said M. has been absent from this 
 Province for upwards of fifteen years, having left lor the City of Brussels, in 
 Belgium. 
 
 Tliat he has loft no legal Attorney to represent him in the administration 
 of his property during his absence. 
 
 That he was about thirty -three years of age when he left the City as 
 aforesaid. 
 
 That since the no news has b'3c:i received of him or from him, the 
 
 latest was received on or about announcing that he then resided at the 
 
 
 
 <l 
 
 ■?fi 
 
 ;■■;'», ■ 
 

 Ji !iH 
 
 U] 
 
 
 t'? 
 
 1 
 1 1 
 
 u 
 
 
 u. 
 
 'i.'l' 
 
 54 
 
 ACT OF stmmiF.ry 
 
 miid (Jily ; '■ Bni.sHolH, iuhI llial at llic prcHoiit tiiiii! IiIm rcsiduiicn is iiiiknovvii, 
 and even wlii'tlier he he dead or alivo. 
 
 Tliat all the lactH ahove «et I'orth are ol piihiii; notoriety. 
 
 Actf whereof is herehy re([iieHted to he granted tx> werve anti avail wh ol" 
 rif^ht and as (K-canion hIuiII or nuiy re([in're 
 
 Exeeiited en hrrrH at and signed hy the said Declarants with and 
 
 in the |)resence ol" tiie said Notary the day ot one thousand eight 
 
 hnndrud and alter due reading hureof. 
 
 (Signed) 
 
 N.B. — In jdaceofa Petition to the Conrt, or to the Judge, a (Urlaratit)n 
 may he made helbre a Notary, who will receive the same as well as the opinion 
 of the family eonneil, and carry the proceedings hefore the Prothonotary or 
 Judge for homologation, the following heing the Ibrni : 
 
 On this day, the 
 
 BEhOKK the undersigned Notary Public for the Province of Quebec, residing 
 in the City of Montreal, 
 
 Personally ai)peared A. IJ., of who declared that M., etc., («r/ iiji IIk 
 
 futtn (in in the (i/ioce iiu'titioiird I'ctifloii trcited, (tdt/lin/ of'trr tin' jtnii/er far o Jainili/ 
 coiiiicll,) 
 
 Whereof ^<yr delivered tit /irei'et on demand of the said parties the day and 
 year above mentioned, and the .said A. H. has signed after due reading hereof. 
 
 (Signatures) 
 
 If it is feared that the relatives of the absentee to the nundjer of at least 
 Hcven, taken ecpially from the paternal and maternal sides in so far as possible, and 
 I'esiding in the district where the nomination of Cura:;>r is made, should fail to 
 appear and form the family council, the Petitioner should cause to be signilied 
 upon them personally or at their respective domiciles by a baililf td' the Superior 
 Court a certified copy of the notice of the assembly at least twenty-four hours 
 before it takes place, provided the distance be not greater than fifteen miles and 
 such further notice for each fifteen miles of distance. 
 
 The bailiflf will make his return of service, which is to be annexed to the 
 Arte containing the advice of the family council. 
 
 The following is the form of notice : 
 
 Pruvinck ok Qukbec, > 
 District of Montreal. $ 
 To (.'/""'' <><'('iil><ifi<»i"< tiiid rtxitfiufVM. ) 
 
 You and all of you are are hereby notified and warned that a comicil of the 
 relatives ,f M., heretofore of the City of Montreal, Cientleman, but presently 
 absent from this Province and, in default of relatives, of friends, will take i)li»ce 
 at the day of , at the hour in the office of the 
 
 undersigned Notary for the puri)oses mentioned and set forth in the Declaration 
 of A. B., of, etc., received before the undersigned Notary, the and made 
 
 with the view of appointing a Curator to the said absentee for the ailministration 
 of his property iv this Province during his absence. 
 
 In consequenoe whereof, you are notified and required to be then and there 
 present, if it shall seem meet. 
 (Signed) 
 
 Notai'y for the Petitioner. 
 
Hh:iirt:sr ran //omoi.<i(,'ati(>x. 55 
 
 ACT (J()NTA!:>(L\(i TIIK ADVICK OK THK FAMir.Y COUNCIL. 
 
 (S>r /irnr«/in(/ form.) C. ('. 87. '/ in/. 
 
 On this day, etc., 
 
 Mkh'okk the iin(l('rsi;^M«!(l Notiirv Pul)li(i for tlio Proviiico of Qii(»lu>o, n'.sidinj? 
 
 Ill 
 
 IVrsoiiiilly appeal ml of, etc. 
 
 Wilt) IniH caiisi'd to Ix! aMSL'iiihK'd bcforo tlio iiiidersijfiu'd Notary for the 
 (mhIh and piirpoHCH nit'iitioiu'd in tlic Dodaration above written, made before nie 
 the witb tlie view of iiaviii}^ a (Jiirator appointed to tlie ab.senteo 
 
 therein named (,'/«"« liti "/ fho ixiiiiffi prr. .nl, <ni<l (fie deiiree nf yehi(i<t)ixhiit) 
 who after niakinj; oath (»ii the Holy Kvaiij^eliHtH, have taken eominnnieation of 
 the Deehiration above mentioned, and of tlie Act of Notoriety prod need, and 
 after niatnre deliberation between tlioiii are iiiianinionsly of opinion that the 
 said be appointed ('nrator to M. the absentee therein mentioned for the 
 
 Mdministratioii of his property in this Province dnrin<^ bis absence. 
 
 The said M. lieiiij; hereto present has voluntarily accepted the said char«?e 
 and promised under oath to fnllil the duties thereof. 
 
 And for snrety of the due (!xecntion of tln^ char^jes and obligations of the 
 said Cnratorship, the said M., tiie (Jnrator, has specially hypothecated his 
 immovable property descrilied as follows, to wit : {liore r/iiic i/tm-i'lptitm.) 
 
 Done and passed on the day and year above written, and signed by the 
 said A. U., with the said relatives and friends forming a family council, these 
 presents having been lirst duly read and executed rn hrer^f. 
 
 (Signatures) 
 
 
 5-1 
 
 REQUEST FOR HOMOLOGATION. 
 
 lOVINCE OF QUKREC, } 
 
 istrict of Montreal. \ 
 
 Pnov 
 Dist 
 
 To the Honorable the Justices of Her Majesty's Superior Court foi' the District 
 of Montreal, etc. 
 
 The Petition of A. R., of, etc. 
 
 Respectfully sheweth : 
 
 That he has cau.sed to be taken the advice of the relatives and friends of 
 M., heretofore of the said City of Montreal, Gentleman, now absent from this 
 Province by K., Notary Public, the day of last, and that he lia.s 
 
 faithfully observed all the formalities re([iiired by law, with the view of nomin- 
 ating a Curator to the said alisentee for the administration of his property during 
 his alweiice, and submits the said proceedings for your approval. 
 
 And pi'ays that it may please your Honors to take into consideration the 
 said proceedings and to homologate them if it shall seem right. 
 
 And yon will do justice. 
 
 Dated at Montreal the day of , 18 . 
 
 Z. X., Notary Public 
 
 for the Petitioner. 
 
 ■ \ ■■■ 
 
 fi *1 
 
M 
 
 56 
 
 PKTlTIoX FOR aUllATOR To A VACANT KSTATH. 
 
 •; 
 
 '^ 
 
 
 i . 
 
 CURATOR 1\/ SUBSTITUTION, "ETITION FOR A, Que., 38 Vic, Cap. 13. 
 
 Province ok '^■^ebec, ) 
 District of \ 
 
 To the Honorable tlie Justices of Iler Majesty's Superior (^ourt for Ijower 
 Canada, in the District of , or to the Prothonotary of said Court. 
 
 The Petition of A. B., {reHidvnve ami ntcapatio)!. ) 
 
 Respectfully represents : 
 
 That the late C. B., his father, deceased, in his lifetime {n'sidence ami occni- 
 pniinn) departeil this life on the , leaving a Last Will and Testament, 
 
 executed before {NoUirics and <l<tte), whereby he bequeathed his movable and 
 immovable projjcrty in usufruct to his sons, to wit, your Petitioner, and 
 to be enjoyed l)y tliem as proprietors during their lives, subject to the charge of 
 delivering the same over at death in equal shares to their children respectively, 
 by roots, thus creating a substitution. 
 
 That under the Quebec Statute, 38 Victoria, Chapter 13, it is incumbent 
 on your Petitioner, as one v,f the institutes, to have a Curator appointed to the 
 substitution created by the said Last Will and Testament, to represent the 
 substitutes at the making of the inventory of the estate and succession of the 
 said late C. B., and on such other (X'casions as may be necessary, and generally 
 to attend to the interests of the said substituticm. 
 
 Wherefore )our Petitioner prays that a family council may be convened at 
 such time and place as may be directed, to give their advice touching the 
 appointment of such Curator, and thereupon that your Honors, or the Prothoiu)- 
 tary, may nominate and appoint a (it and proper person as Curator to said 
 substitution. 
 
 And you will d<> justice. 
 
 Montreal, May, 188G. 
 
 Z. X., Notary Public 
 
 for the Petitioner. 
 
 A. 
 
 iii: 
 
 1. 
 
 ir 
 
 1^ 
 
 CURATOR TO A VACANT ESTATK, PETITION FOR, C. C. 347, G8G. 
 
 C. C. P. 1332 ■ ^e(2. 
 
 Province ok Quebec, } 
 City of Montreal. ^ 
 To the Honorable the Judges of the Su]>erior Com-t for Lower Canada in the 
 District of Montreal, or to the Prothonotary of the said Court. 
 
 The Petition of B., residing in 
 
 Respectfully slu'weth : 
 
 That his brother C, of departed this life at the City of Quebec, 
 
 intestate, and without leaving lawful issue, on the 
 
 That your Petitioner was the sole ileir-at-Law of the said late C.,but that being 
 a (Creditor to a large amount of his Estate and Succession, he, your said Petition''-', 
 renounced to all share, right, title and interest in the said Estate and Succession 
 by Arte before A., Notary Public, of , which Ach' of renunciation was duly 
 
 registei'ed in the Registry Office ibr the Registration Division of Montreal West, 
 the 
 
 That the said E.-tate and SuccesaioK is vacant. 
 
AFFIDAVIT TO ACCOMPANY THE AliOVK 
 
 57 
 
 Wliercloro your Petitiouor being interested in luiving the tiil'airs ol" tlie 
 said Estjitc settled and woundup in due Ibrni of law has caused an advertisement 
 tt) Ite twice inserted in the Montreal '"Wi'^ness" and '* J.a Patrie," two news- 
 papers pul)lished in the said City of Monti jm, the lirst in the English and the 
 second in the French langiuige, call-ng upon the Creditors of the said Estate 
 and Succession to he now presont for the purposes herein nientioi-jd, and doth 
 in conseipience pray that a Curator be duly appointed to the said Estate and 
 Succession, to settle and wind up all the affairs of the same, and for that purpose 
 to be allowed to bring l)efore your Honors, or one of your Honors, or the 
 Prothonotary, a competent number of the Creditors, and in default of Creditors, 
 of friends of the deceased, to give their advice on said nomination. 
 
 And you will do justice. 
 
 MontVeal, , 18 . 
 
 i 
 
 /'111 
 
 AFFIDAVIT TO ACCOMPANY THE ABOVE. 
 
 PllOVlNCK OK QUKIiKC, } 
 
 City of Montreal. J 
 
 P., of , after being duly sworn on the Holy Evangelists doth 
 
 depose and say : 
 
 That he is a Creditor for the sum of upwards of of the vacant 
 
 pjstate and Succession of the late C, of for moneys advanced by the 
 
 deponent to the said C. personally, and to the firm of C. & Co., of which the 
 said late C. was a partner. 
 
 That the said Estate and Succession of the said late C. is vacant, and the 
 deponent is therefore interested in having a (!!urator apiKiinted to tlu' said 
 vacant Estate, for the purpose of settling and winding up the affairs of the .same. 
 
 And further deponent .saith not, and hath signed. 
 
 Sworn before me at the City \ 
 
 of Montreal, this day > B. 
 
 of ,18 . ) 
 
 P. Q., Commissioner Superi(n' Court 
 District Montreal. 
 
 
.i^^ii^tvr^ 
 
 58 
 
 ACTJi BE DEPOT. 
 
 Dedaratlou , mc Nutoriele. 
 
 Dechirntion and Extension of Protest, see Protest hy Ship. 
 Perlaration respertlii;/ Heirs, see Notoriete. 
 Dechirutioii of Loss of Certificate, see Stock Certificate. 
 Declaration to secure Copyright, see Copyriyht. 
 
 dp:claration, solemn. 
 
 ; * 
 
 'I 
 
 i 
 
 
 
 statutory Declaration. 
 
 Dominion of Canada, 
 
 County of Ilochelaga, 
 
 To wit : 
 
 In the Matter of the Estate of the late A. B., in his 
 lifetime of , Merchant, deceased. 
 
 I, R. D., of the City of Montreal in the County of Ilochelaga, Doctor of 
 Medicine, 
 
 Do Solemnly Declare that I was well acquainted with the said late A. B., 
 having been his attending Physician for upwards of twenty years. 
 
 That the said late A. B. came to his death l)y I'eason of an accident (describe 
 
 And I make this Solemn Declaration conscientiously believing the same to 
 be true, and by virtue of the Act passed in the thirty -seventh year of Her 
 Majesty's reign, intituled "An Act lor the suppression of voluntary and extra- 
 judicial oaths." 
 
 Declared before me at the City 
 of Montreal in the County of 
 Ilochelaga, this first da}' of 
 May, 1880. 
 
 Z. X,, Notary Public. 
 [L.S.] 
 
 R. D. 
 
 Dcchiration of Transmission of Jianl' Stock, see Stock. 
 Decld-ation of Transtnission of Bank Stock o)i Marriayc^ sec Stock. 
 Declarations of Partnen-hip, sec Partnership. 
 Delay for Paytnent, see Payment. 
 Delcyatlon of Payment, see Transfer. 
 Demand and Protest, see Protest. 
 
 <>i 
 
 
 
 ACTE DE DEPOT. 
 
 On this day, etc., 
 
 Personally appeared A., of who requested B., the said Notary, to 
 
 receive and deposit in his office the foregoing and annexed Power of Attorney, 
 marked E, from Dame D., widow of the late F., deceased, in his lifetime of the 
 said City of M(mtreal, Esquire, the constituent therein named to hini the said 
 A., and to 11., also of the City of Montreal, jointly and eacli of them separately, 
 bearing date and executed in the presence of witnesses at Montreal aforesaid, 
 the to the end that the same may be preserved amongst his Notarial 
 
 Records, that I'efereiice may be thereto had and authentic copies thereof made 
 
I 
 
 DISCffARGE AND RELEASE. 
 
 59 
 
 and granted to whom tlio same may appertain a qui de droit, whieh Depot is 
 hereby accordingly made. 
 
 In Witness Whereof the said A. lias herennto set his hand with and in the 
 presence of the said Notary, these presents having been lirst duly read and 
 cxecnted under the number 
 
 1% 
 
 'i 
 
 
 Dlachdiyv and Composition, m-e CotnpoHitioii. 
 Dificliai'ije of Judijincnt, nee Jadymeut. 
 DiseJui/ye Deeds : 
 
 1. Main-Lev6e. 
 
 2. Release, 
 
 3. With Substitution. 
 
 
 
 , -,'1 
 
 DISCHARGE OR MAIN-LEVEP; C. C. 1182. 
 
 Be^'ork 
 
 Personally appeared A. B., of , who at the request of C. D., 
 
 of has hereljy granted inain-lecee and release of the hypothec created 
 
 in his favor by the Deed of Loan granted by him to the said C. D., before M. 
 N., Notary I'ublic, the , registered the upon tlie lot of land 
 
 known and designated (<jice descriiition.) 
 
 The present Main-Levee and Release has been thus given without novation 
 of or prejudice to the hypotliec created in favor of the said A. B., upon the 
 remaining immovable property described in the said Deed of Loan which shall 
 remain intact and undisturbed. 
 
 Wherefore Acte. 
 
 Done and passed, etc. 
 
 
 
 
 DISCHARGE, C. C. 1181. 
 
 On this day, tlie in the year of our Lord one thousand eight 
 
 hundred and eighty-six. 
 
 Before Z. X., the undersigned Public Notary duly counnissioned and sworn 
 in and for the Province of Quebec, in the Dominion of Canada, residing in the 
 City of Montreal, in the said Province. 
 
 Personally canie and appeared, A. B., of, etc., who acknowledged and 
 confessed to have had and received at the execution hereof of and from C. D., of 
 etc., the sum of $1,000, the balance of ctmsideration price due 1)V the said C. D. 
 to the said A. B. under and hy virtue of a certain Deed of Sale from tiie latter 
 to the former, bearing date and passed before the said Z. X., Notary Public, 
 the , registered the 
 
 Together with all interest due and accruial thereon. 
 
 And thereof and therefrom, and of and from all claims and demands 
 resulting from and derivable under tlie said dei'd of sale the said appearer doth 
 hold tpiit, release and discharge the ,siid (!. I)., his heirs and assigns forever, 
 and doth also release and discharge the lot of land and premises of and from the 
 
l"'^^ 
 
 I I 
 
 ji 
 
 iir 
 
 i i 
 
 
 iiiil 
 
 I* ' 
 
 1 
 
 60 
 
 DiaCIlARiiK OR MAIN-LKVfi.K, WITH HURSTITUTION. 
 
 mortgngo thereon created as security Ibr the payment of the said sum and 
 interest, which said h)t of land is known and designated by the No. on 
 
 the official plan and in the Book of Reference of 
 
 In Testimony Wliereof the said appearer has hereunto set his hand with 
 and in the presence of me the said Notaiy, these presents having been first duly 
 read and executed under the number 
 
 A. B. 
 
 Z. X., Notary Public. 
 
 DISCHARGE OR MAIN-LEVEE, WITH SUBSTITUTION. 
 
 On this day, etc. 
 
 Before, etc., 
 
 Personally came and appeared A., of , of the first part ; and B., 
 
 of , of the second part ; which said parties declared unto nie the said 
 
 Notary as follows : 
 
 Whereas, under and by virtue of a certain Deed of Obligation and Mortgage 
 granted by the said A. to the said B. ])efore Z. X., Notary, the of , 
 
 registered the , he the said A. acknowledged himself indebted to the 
 
 said B. in the sum of % , which said sum he borrowed Irom the said B. 
 
 under the terms, conditions and provisoes mentioned in said Deed of Obligation 
 and Mortgage, and for security of the repayment unto the said B. of the said 
 sum of $ , and interest thereon at the rate of six per cciitam per (itmitm 
 
 in the manner and at the time agreed upon under said deed, he the said A. 
 mortgaged in favor of the said B. the folU)wing immovable property, that is to 
 say, {here (jire/iill ihsrription of property.) 
 
 And whereas the said A. is desirous of obtaining a release and Main-Levee 
 of the hypothec created on said lot of land in favor of the said B., and has 
 offered to hypothecate in lieu thereof in favor of the said B. another lot of land, 
 hereinafter described, the whole without novation of or derogation from the 
 rights, mortgages and privileges the said B. may in any wise howsoever have 
 under and by virtue of said Deed of Obligation and Mortgage, which shall 
 apply to and affect the hereinafter described property to which the said B. has 
 acquiesced. 
 
 Now therefore these presents witness that the said B. has hereby granted 
 in favor of the said A., thereof accepting, a release and Midn-Lecec of the 
 hypothec created upon the said aliove mentioned lot of land by virtue of the 
 said Deed of Oldigation and Mortgage herel)y consenting and agreeing that all 
 inscriptions taken to secure the hypothec on said lot of land be fully and wholly 
 discharged. 
 
 And the said A. doth in consideration thereof mortgage and hypothecate 
 to and in favor of the said B., thereof accepting, the following lot of land, that 
 is to say, {here give full defcriptioii of propertij.) 
 
 And for the execution, etc. 
 
 Done and passed, etc. 
 
f SI 
 
 ACCEPTANCE OF DONATION. 
 
 61 
 
 J)is8ohiti(m. t)/ Partnership, see PartnerHJiqi. 
 Division hdwceii Majors, see Partmje. 
 Division between Minors, see Partatjc. 
 Do7iation Deeds: — 
 
 1. Donation, Donee Absent. 
 
 2. Acceptance. 
 
 3. Without having to Account. 
 
 4. Reserve of Usufruct. 
 
 5. Movables. 
 
 6. Memorial. 
 
 7. Substitution. 
 
 8. Renunciation. 
 
 DONATION OF IMMOVABLES, THE DONEE ABSENT, C. C. 77G, et seq. 
 
 Before A. B., the undersigned Notary Public for the Province of Quebec, 
 residing at , 
 
 Personally appeared C. D., {residence and occupation) who has hereby given, 
 granted and conveyed by way of donation, pure, simple and irrevocable unto 
 E. F., {residence and occupation.) 
 
 A lot of land {description and title. ) 
 
 To Have, Hold, Use and Enjoy the said hereby given and granted lot 
 of land, I)uildings and appurtenances unto the said donee, with immediate 
 possession. 
 
 The present deed of donation has been thus made, subject to the payment 
 by the said donee to the said donor during the whole term of his natural life of 
 the sum of $ per annum by even and equal consecutive quarterly 
 
 payments of $ each, the first whereof will become due and be payable on 
 
 the day upon which the present donation shall be accepted by the said donee, 
 and the said payments shall cease at his death, and said payments shall be made 
 at the domicile of the said donor until some other place of payment be hereafter 
 indicated. 
 
 And as security for the due payment of said life rent, the said lot of land 
 and premises are hereby hypothecated to and in favor of the said donor, with 
 special privilege of haillenr de fonds. 
 
 Done and passed, etc. 
 
 ACCEPTANCE OF DONATION, C. C. 787. 
 
 On this day, the , etc., 
 
 Before A. B., the undersigned Notary Public, etc., 
 
 Personally appeared E. F. , {residence and occupatimi^ who, after having 
 had and taken communication of a certain deed of donation granted in his favor 
 by C. D., {residence and occupation) before the said A. B. , Notary Public, 
 the , declared to have accepted, as he doth hereby iiecept the same, 
 
 and doth biiul himself to implement and fuKil all and singular the covenants, 
 charges and conditions therein contiiined. 
 
 And to these presents intervened the said C. D., who hereby accepts 
 signification hereof, and waives all other and more formal signification, and 
 acknowledges the receipt of the first quarterly payment, to wit, the sum 
 of $ , whereof quit. 
 
 Done and passed, etc. 
 
 ■/ ^3 
 
 
 ,■■'■■ la 
 
 
 V 
 
i 
 
 62 
 
 nONATION OF MOVARLES. 
 
 GIFT, DEED OF, FREE FROM RETURN, C. C. 712, el mj. 
 
 Befoue, etc., 
 
 Appeared Diime , widow of , etc. 
 
 Who being de.sirous of giving to her nephew, S., of , Doctor ot 
 
 Medicine, proof of her ailection for him, 
 
 Hereby dechires that she releases him from the necessity of accounting for 
 or bringing bade to her succession the house situate at , of which she 
 
 made him a donation eiiffc rt/s by Deed passed bel'ore , the , hereby 
 
 desiring and stipuhiting that he f^hall retain the fjaid liouse over and above any 
 other share or interest he may be entitled to as one of her heirs-at-hiw. 
 
 And to these presents interv^'ned the said S., who accepts the said gift. 
 
 Done and passed, etc. 
 
 GIFT OF MONEY WITH RESERVE OF USUFRUCT, C. 0. 75 i r.t wy. 
 
 On this day, the , etc., 
 
 Before A. B., the uutler.signed Notary Public for the Province of Quebec, 
 residing at , 
 
 Personally appeared C. D., {rifildencc <iiul orcuiiatioii) who has hereby given, 
 granted and conveyed gratuitously by way of donation infer vlcon, pure, sim[)le 
 and irrevocable unto E. F., his Inother, [rcstihtice (Ui</ (tcmpntioii) present and 
 accepting. 
 
 The sum of .^ to be once paid from and out of tlie movable and 
 
 immovable property most easily realizable that may be found to belong to the 
 said C. D. at the time of his death, and more particularly from and out of 
 (^deficn'piioii of itrojtcrfi/. ) 
 
 The said donor reserving to himself the use^ usufruct and enjoyment thereof 
 during the term of his natural life, but desiring and stipulating that the said 
 donee E. F. shall immediately upon the death ot him, the said donor, be and 
 become possessed of the said sum of !ji> , or of the property he shall choose 
 
 to represent it, without the necessity of any judicial demand, notice or other 
 formality. 
 
 These presents will be registered. 
 
 Done and pas.sed, etc. 
 
 DONATION OF MOVABLES, C. C. 754, d my. 
 
 On this DAY, the , etc.. 
 
 Before A. B., the undersigned Notary Public for the Province of Quebec, 
 residing at , 
 
 Personally appeared (J. D., {nsldenrc (onf <>i tn/hi'ion) who has hereby given, 
 granted and conveyed gratuitously, by way of donation intrr rlvoa pure, simple 
 and irrevocable unto E. F., {r>'-'<!tlr)irr timl occK/xt/ion) present and accepting. 
 
 All and singular the furniture and elleets situate and being in the residence 
 
 of the said C. D., at 
 
 and enumerated in a list or schedule thereof mariced 
 
DONATION WITH SUBSTITUTION. 
 
 68 
 
 j\.. liore^j aimexc'd and itlentilied by the signatures of tlie said parties liereto 
 and me the said Notai'y. 
 
 To Have and to IIoM the said I'uniitiin! and ellects unto the said E. F., for 
 ever, witii immediate possession, and to use and dispose thereof as he may see 
 fit. 
 
 Done and passed at the day, month and year fust above mentioned 
 
 under tiie No. , and signed by the said parties with and in presence of the 
 
 said Notary after due reading hereof. 
 
 (Signatures) 
 
 V' 
 
 1 
 
 ^ ■' 
 
 1 
 
 
 
 , \*t 
 
 I 
 
 H-...' 
 
 MEMORIAL OF AN ONEROUS DEED OF GIFT INTER VIVOS, 
 
 C. C. 2098, 2139. 
 
 A memorial to be registered of a notarial copy of a deed of gift i/ttcr vivos 
 bearing (hite at , on the day of in the year of our Lord 
 
 , made between A. B., of, etc., (and C. D., his wife, by him in this 
 behalf didy authorized) of the one part, and E. F. , of, etc., of the otlier part, [a 
 fiiJI (hscr'qition of (lie jxa-fiis f<> he iiisrrfrd <(fi in the deed,) Ijcibre G. II., Public 
 Notary, by which said deed of gift tlie said A. R. and C. D., his wife, did give, 
 grant and confirm unto the said E. F., his heirs and assigns, all that, etc., {i>i.<iert 
 (I ilefn-rifttioii of llie projuriji itntrci/xl ft// llit ileal of < lift) to hold to the said E. F., 
 his heirs and assigns for ever,snbject, nevertheless, to a certain Life Rent consisting 
 of, etc., {]^el•e insert the pai'tiiiihirs of ichic/i the Life Rod is composed,) which said 
 Life Rent is payable by the said E. F. to the said A. B., and C. D., his wife, each 
 and every year during the term of their natural lives, as in the said deed of gift 
 inter vivos is expressed, and the said deed of gift is hereliy rerpured to be 
 registered by the said E. F. 
 
 As witness his hand this day of , etc. 
 
 Signed in the presence of ^ „ 
 
 L. M., Notary Public. ^" *• 
 
 * ?.l 
 
 ' '1 
 
 
 \\C\ 
 
 DONATION WITII SUBSTITUTION, C. C. TCI and 929. 
 
 On this day, etc. 
 
 Befoke, etc., 
 
 Personally appeared A. B., of , a bachelor, who has hereby given, 
 
 granted and conveyed by way of donation, pure, simple and irrevocable, with 
 warranty of his own acts and deeds only. 
 
 Unto C. D., of, etc., present and accepting. 
 
 A lot of land, etc , (description and title.') 
 
 To Have, Hold, Use and Enjoy the lot of land, house and promises hereb}' 
 given and conveyed unto the said C. D., with immediate possession, sulyect to 
 the charge of restoring it as hereinafter mentioned, and also subject to the 
 existing lease thereof in favor of M. N., the donee however to receive the rent 
 accrued and to accrue from the 
 
 The pi'esent gift or donation has been so made on the express condition 
 that the said donee shall maintain the said house and premises in repair, and 
 
64 
 
 RKNUNCIATION OF DONATION. 
 
 that at hi« death the said lot, house and premiseH shuU heooine the property of 
 tlie chihh'en of the .said donee in equal proportions, and to that end the said 
 donor creates a suhstitution ot the said property in favor of the children lawfully 
 hegotten of the said donee. 
 
 The present donation is further made subject to the following conditions 
 and charges, to the fulfilment whereof the said donee hereby binds and obliges 
 himself, to wit : 
 
 Ist. To maintain the passive servitudes existing against the said property 
 with the right to avail himself of the active servitudes at his own expense, 
 without recourse upon the donor. 
 
 2nd. To pay all taxes and assessments that may be levied upon said 
 property. 
 
 3rd. To respect the present lease of the premises. 
 
 4th. To pay all costs and charges connected with tlu! 
 registration hereof and with the appointment of a Curator to 
 hereby created. 
 
 Whereof Arte. 
 
 Done and passed, etc. 
 
 execution and 
 the substitution 
 
 RENUNCIATION OF DONATION. 
 
 , widow of the late C. S., in 
 
 Bekoue, etc., 
 
 Personally appeared Dame A. B., of 
 his lifetime of , deceased. 
 
 Who has hereby renounced the gift made in her favor by the said late C. 
 S., under and in virtue of their ante-nuptial contract of marriage, bearing date 
 and passed before Z. X., Notary Public, the , whereby in the event of 
 
 his predeceasing his said wife, the said C. S. made over to her the sum of $ 
 
 She the said A. B. hereby declaring the said gift to be null and void, and 
 reserving to herself only such rights and claims against the est^ite and succe8si»)n 
 other said late husband as she may be justly entitled to on her own account as 
 a creditor for moneys advanced by her U> him in the ordinary course of his 
 business. 
 
 Whereof Acte. 
 
 Done and jjassed, etc. 
 
T! 
 
 ENGAGEMENT AS FOREMAN. 
 
 65 
 
 Einplnjtcuflf Leiinc, nrr hitse. 
 
 J'jIKJ' ((/rill (II t — 
 
 1. Ah Foreiuiiii. 
 
 2. Of Workinan. 
 
 3. By a Workman. 
 
 
 ENGAGEMENT AS A FOREMAN, C. C. 10G7. 
 
 On this day, otc. 
 
 Bekouk, etc., 
 
 Por.soiially caine and appeared A., of , of the one part, a id B., 
 
 of , of tlie oilier part, wliicli said parties declared to have covei anted 
 
 and agreed with each other a.s follo\v.s : 
 
 The said B. declared to have bound and engaged himself, and by these 
 presents doth bind and engage himself to and with the said A., present and 
 accepting, to serve him the said A. after the manner of foreman, and in all other 
 business and alVairs touching and concerning the trade and business of the said 
 A. for and during the term or period of four years to l)e computed and reckoned 
 from the , during all which time he, the said B , shall and will faithfnly 
 
 and diligently serve the said A., attend his shop or place of business in the .said 
 City, and act as Foreman, .shall execute and perform all such .service and busine.ss 
 as shall be recpiired of him, the said B., in and about the l)usiness and afl'airs of 
 the .said A., and ))e just, true and faithful in all things whatsoever concerning 
 the goods, eflects and afl'airs which shall or may be committed to his care, man- 
 agement or di.spdsal, shall keep the secrets of his said emi)loyer, and obey all his 
 lawful commiuids, and demean himself uprightly and peaceably towards his said 
 enqtloyer in obeying and performing instructions and orders relating to ids 
 afl'airs ami bu.siness to the utmost of his power and ability, shall not do nor sufl'er 
 to be done by othei's any damage or prejudice to the .said A., or to his said 
 busine.ss, or to his good.s, estate or efl'ects, or otherwise howsoever; but the 
 same, to the utmost of his power, shall prevent and hinder, or warn his employer 
 thereof. 
 
 And further, it is hereby agreed, that the said B. shall not teach or instruct 
 any pers(m or persons whomsoever during the term of the present engagement 
 the art and .science of ,and further shall not in any manner or way 
 
 perform work or employ him.self, save for and on behalf of the said A., during 
 the term of the present agreement, and shall attend solely and entirely to the 
 interests of his said employer, and his said firm, and no other. 
 
 And it is hereby further agreed by and between the said parties hereto, 
 that if the .said B. shall not sutticiently exert himself for the benelit of his 
 said employ^'r, or fail to render him satisfaction in the service for which he is 
 hereby engaged, then, and in that case, the .said A. shall have the right and be 
 at liberty, should he see lit, to cancel tlie present agreement, on giving to him, 
 tlie .said B., two months' previous notice in writing of his intrntion so to do. 
 
 And in consideration of the services to be well and faithfully performed as 
 aforesaid by the said B., he the said A. doth hereby covenant, promise and agree 
 to well and truly pay, or cause to be paid, to the said B. a salary, to wit, the sum 
 of 1$ for the lirst year of these presents, the sum of $ for (he second 
 
 
66 
 
 KmiAdHMKNT It)' WOliKMAiX. 
 
 n- 
 
 if * 
 
 II 
 
 yonr, tlio mim of $ for the third year, mid tho 8um of $ for the 
 
 fourth and hist year of these prewents, which naid Halary whall l)e jiaid to the said 
 B. monthly, and in eacli and every month, (hiring the term of the preseitt 
 agreement. 
 
 And for the execntiim, etc. 
 
 Done and passed, etc. 
 
 ENGAGEMENT OF WORKMAN, C. C. 1007. 
 
 Before A. B., tlie nndersigned Notary Pnhlic for the I'rovince of Quel)ec, 
 residing at 
 
 Personally appeared C. i)., {rr«l<fr)itT iiml (xrnjtaflon) who herehy engages 
 Yj. ¥.. {rrfiiflmrr <iiid occiqmtlon) hereto present and consenting to work, act for 
 and serve him in the capacity of , at his manufactory at , for 
 
 the term of years, computed from the day of 
 
 And to pay him, the said E. F., for his said services as follows: (state the 
 terms.) 
 
 The first of the said payments will become due and })ayable the 
 
 And in consideration of the premises, the said E. F. herehy promises, hinds 
 and obliges himself diligently and faithfully to serve tlie said (I. I), in the said 
 capacity of at liis said manufactory during all the said term, according 
 
 to the best of his knowledge, skill and ability ; to obey all his lawful conimands, 
 and not cause or occasion him hurt, or prejudice him in any way; lojireseive 
 inviolate all his secrets; to keep nothing from his knowledge which in the 
 interests of his business the said C. 1). ought to know and In; can reveal ; and in 
 all other respects, and during all proper and lawful hours, to demean himself in 
 his said cajjacity industriously, justly and faithfully. 
 
 Done and passed, etc. 
 
 1 ' 
 
 d'. 
 
 ENGAGEMENT BY WORKMAN, C. C. 1GG7. 
 
 Before A. B., the undersigned Notary Public for the Province of Quebec, 
 residing at 
 
 Personally appeared C. D., {residence and nmipatlnn) who has hereby 
 engaged himself for years, computed from , in the service of E. F., 
 
 {residence and ocrnpatinn) present and accepting, during all which time, he the 
 said C. D. binds himself to do and perform, according to his strength, health and 
 capacity, all and every the work that may be nMjuired of him, obey Ids said 
 employer in all things lawful, serve him faithfully, do him no Imrt or injury, 
 and warn him of the evil intents and actions of others coming to his knowledge, 
 and shall not absent himself, nor leave to work elsewhere, without his said 
 employer's permission during all said term. 
 
 And on his part, the said E. F. undertakes and agrees to clothe, lodge and 
 board the said C. D. during the term of said engagement, to treat him 
 liumanely and with due consideration, and to pay him $ a year, in half- 
 
 yearly payments as wages, until the expirati(ni of the present engagement. 
 
 Done and passed, etc. 
 
DKEl) or H.WIIANliK. 
 
 Ellijlifi/l h'onn 1)/ Cni/iri/^ sir Caiflrif. 
 
 Kiti/liM/i Fin-ni of Will, ••<(( Will. 
 
 hii;/lix/i I'onii of' Miirridi/' (JonlriKl, nee Mttrrlutjc Confi'dct. 
 
 Entl'll of I'nifrM, nrr I'n/hst hi/ Slllj). 
 
 67 
 
 \ ■: 
 
 EXCIIANGK, C. C. 15'JC. 
 Hkkokk, uti". 
 rc'rrtt)iiiilly iippcart'il A. H,, of 
 
 , etc., 
 
 And C. I)., of 
 
 , etc., 
 
 Wli«» have iiiiide I lie lollowiii}' e,\rliiiii";e 
 
 (Ij' till one iiart ; 
 Of the other port. 
 
 Tlie saul A. \\. lias liiTi:l)y cedetl and conveyed by way of exclianf^e, with 
 
 legal warranty, and IVee and clear of all incundjrances, unto the said C. D., 
 
 j)re.SL'nt and accepting. 
 
 Description. 
 
 And in counter exchange, the .said C. 1). has hereby ceded and conveyed, 
 
 with legal warranty, and free and clear of all inciunbranccH, unto the said A. B., 
 
 present and accei)tiiig. 
 
 Deaorlption. 
 
 As the said rt'spective properties are and extend, without any exception or 
 reserve, and also without warranty of |)re('ise measure, the excess or diminution 
 whereof shall be for the profit or loss, as the case may be, of the said respective 
 purcha.sers. and with the rights, members and appurtenances to the said 
 respective properties belonging, of all which the said purchasers declare to have 
 a perfect knowledge, and therewith to be content. 
 
 Title. 
 
 The proi)erty hereby ceded and conveyed in exchange by the said A. B. 
 was acipiired by him {Htnte hoto). 
 
 And the j)roperty hereby ceded and conveyed in counter exchange by the 
 Baid C. D. was acijuired by him {.state huir). 
 
 Tenure. 
 (tState whtt/ier the jiro/wrtlis ore lieJtl In friiiie idea rutiiricr, or how, as tii deed 
 
 uf sail). 
 
 Possession. 
 
 To Have, Hold, Use and Enjoy the said i)roperties with their rights, mem- 
 bers and api)urtenances. to wit, the lir.stly described property unto the said C. 
 D., with immediate possession, and the secondly described property unto the 
 said A. B., with inunediate po.ssession, but subject to the existing lease in favor 
 of which will exjjire on the , the rent accrued and to accrue, due 
 
 in respect thereof to be collected by the said A. B. from tlie at his own 
 
 expense. 
 
 Charges and Conditions. 
 
 The i)re.sent deed of exchange has been executed by the said parties, subject 
 to the following conditions, to which they hereby bind and oblige themselves 
 reciprocally the one towards the other, to wit : 
 
 Ist. To take the said properties in their present condition with the passive 
 servitudes attaching thereto, with the right to avail themselves of any active 
 servitudes at their own risk, costs and charges respectively. 
 
 v!;l 
 
 
 aa 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 1.0 [f 
 
 I.I 
 
 1.25 
 
 i^|2£ 
 
 
 32 
 
 2J. 
 2.2 
 
 I^ lis IIIIIM 
 
 1.8 
 
 1.4 IIIIII.6 
 
 V] 
 
 vQ 
 
 ^;. 
 
 "a 
 
 * 
 
 v^**" 
 ^^^ 
 
 ''!> •> 
 
 ■?>* 
 
 ^^ 
 
 ^, 
 
 

 /Vl'. ■ 
 
68 
 
 EXCHANGE OF MOVABLES. 
 
 2iid. To pay all taxes and assessnients to whicli the aaid respective proper- 
 ties may be liable, computed from the 
 
 3rd. To pay the one half each of the costs and charges connected with the 
 execution and registration of these presents. 
 
 4th. Should either party be evicted from the property hereby acquired, or 
 disturbed in his possession and enjoyment thereof, he will have the right to re- 
 enter into possession of the property given l)y him in exchange, even should 
 said property have become the property of third parties, the said condition being 
 de riyueur, and without which the present exchange Avould not have been 
 consummated. 
 
 The present exchange has been thus made without any boot or cash pay- 
 ment by either party to the other. 
 
 Matrimonial Status. 
 
 The said A. B. is a bachelor. The said C. D. has been only once married, 
 and is separate from his wife, Dame P. K., as to i)roi)erty by ante-iuiptial contract 
 of marriage bearing date and passed before Z. X., Notary Public, the 
 
 Done and passed, etc. 
 
 ExcJia)i(/e, see Pt'otenf of BUI. 
 
 f 
 
 EXCHANGE OF MOVABLES, C. C. lo'JG f.f. 
 
 Before A. B., the undersigned Notary Public for the Province of Quebec, 
 I'esiding at 
 
 Personally appeared C. D., {residence mid ocaipntimi) of the one part; and 
 E. F., (residence attd occnjxition) of the other part. 
 
 Which said parties acknowledged and declared to have made the foUowing 
 exchange, with warranty against all troubles and hindrances by each to ue 
 other, to wit: 
 
 The said C. D. has hereby given and made over in exchange to the said E. 
 F., thereof accepting, a four year old grey mare, together with a .Scotch cart and 
 a set of cart harness, the whole in good order and condition and as they now are. 
 
 And the said E. F. has hereby given and made over in counter exchange 
 to the said C. D., thereof accepting, an ordiucary grade brindle cow, a plow, an 
 iron toothed harrow, a ton of hay and eighty bushels of oats, the whole of good 
 quality and in good condit'on, and as they now are. 
 
 To Have and To Hold, use and dispose of the said hereby exchanged 
 ])roperty unto the said parties respectively, as of their own property from this 
 day, each of the said parties acknowledging himself in possession of the objects 
 so exchanged. 
 
 The present exchange has thus been made vithout boot on either side, sans 
 souJie ni retonr, the said parties hereby grantip.g each other nuitual and reciprocal 
 release and discharge. 
 
 Done and passed, etc. 
 
REPORT OF EXPERTS. 
 
 69 
 
 Executor, see Account Rendered. 
 
 RENUNCIATION OF EXECUTORSHIP, C. C. 911. 
 
 On this day, etc., 
 
 Befork, etc., 
 
 Personally came and ap^x ared the Honorable Sir Henry Smith, of" the City 
 of Kingston, in the Province of Ontario, Knight, Barrister, who declared to me 
 the said Notary, 
 
 That whereas the late Henry Smith, of the said City of Montreal, Esquire, 
 died on the day of last, leaving his Last Will and Testament, 
 
 bearing date and executed before A., and his colleague Notaries Public, the fifth 
 of April, one thousand eight hundred and seventy, wherein and whereby 
 lie did name and appoint the Honorable Sir H. Smith aforesaid, and Henry 
 Robert Smith, of Ottawa, in the said Province of Ontario, Gentleman, as the 
 Executors of his said Last Will and Testament. 
 
 And whereas the said Honorable Sir H. Smith hath not heretofore acted as 
 he doth hereby declare, and declines to act as one of the Executors of the said 
 Last Will and Testament, 
 
 Now therefore these presents, and I the undersigned Notary witness that 
 the said Honorable Sir H. Smith declares to have resigned and relinquished, and 
 by these presents he doth resign, relinquish and renounce the said executorship 
 and trusts of every nature and kind confided in and conferred upon him the said 
 Honorable Sir H. Smith, as one of the Executors of the said Last Will and 
 Testament, and doth further declare that he hath not at any time heretofore 
 interfered or meddled with, and that he Avill not interfere hereafter or meddle 
 with the estate and afTairs of the said late Henry Smith. 
 
 Done and passed, etc. 
 
 f'i 
 
 Experts Nominated, see Partage. 
 
 Experts Sicorii, see Partage. 
 
 Experts Report, see Partage, also the foUotoing forni. 
 
 REPORT OF EXPERTS, C. C. P. 1341 et seq. 
 
 On this day, etc., 
 
 Befoke, etc. 
 
 Personally appeared A. B. and C. D. ( residetires and occupations) acting 
 herein in their cajjacity of experts duly appointed by Acte before , to wit, 
 
 the said A. B. by M. N. of , and the said C. D. by R. S. of , for 
 
 the purpose of establishing the damage and indemnity due as hereinafter men- 
 tioned, and reporting thereon, and who, for the sake of clearness, make the 
 following preliminary observations : 
 
 The said M. N. is the owner of a house situate at (give description) erected 
 for hira in the year 1875, under the supervision of Z. X., Architect. 
 
 The house adjoins a garden owned and planted with fruit trees and valuable 
 shrubs by the said R. S., and the wall separating the properties, and which 
 forms the Noi'th gable of the said house, was built entirely by the s; i M. N., 
 and replaces the former division wall, and is a common or mitogen wail to the 
 height of the former wall, as well as the land whereon it is built. 
 
70 
 
 REPORT OF EXPERTS. 
 
 The foundations of the new wall gave way the , and the wall in 
 
 falling destroyed a number of the fruit trees of the said R. S.,iind a well situate 
 ill his garden. 
 
 Thereupon the said R. S. did on the , by the ministry of Z. X., 
 
 Notary Public, cause a protest to be served upon the said M. N., calling upon 
 him to rebuild the division wall and indemnify him for the loss sustained, to 
 which the said M. N. responded by a counter protest alleging that the fall of the 
 wall was caused by the digging of the said well. 
 
 To avoid litigation, the said M. N. and R. S. agreed to leave the matter to 
 arbitration, and named the said Appearers, with power to them should they 
 differ in opinion to appoint a third as umpire. 
 
 In virtue of their said appointment the said arbitrators repaired to the 
 scene of the accident, and after careful examination of the wall and the manner 
 of its construction, and of the said well, and obtaining every information in 
 their power, they retired to deliberate, but failed to agree, the said A. B. being 
 of opinion that the digging of the well occasioned the falling of the wall, inas- 
 much as the foundation gave way and the wall fell e.\actly in that dix'ection, 
 the said C. D. holding on the contrary to the opinion that the wall was 
 badly constructed, that the mortar was very inferior, and that moreover the 
 wall was not built of the thickness agreed upon, and was too weak to bear the 
 heavy superstructure, etc. 
 
 Finding that they were unnble to agree as to the cause of the disaster, and 
 could not therefore proceed to estimate the loss, the said experts availed them- 
 selves of the provision of the bond of arbitration empowering them to choose a 
 third expert or umpire, and their choice fell upon A. K., of , who 
 
 accepted the appointment. 
 
 Having fully explained tne object of their appointment, and the difference 
 of opinion that prevailed between them, the said A. B. and C. D. repaired with 
 the said umpire to the scene of the disaster and there met the parties interested, 
 when the discussion was renewed, and after careful investigation, the said 
 umpire expressed himself as sufficiently informed of the circumstances, and 
 retired with the other two arbitrators to deliberate. 
 
 The umpire then sided with the said C. D., and consequently it was decided 
 that the disaster was occasioned by the improper construction and insufficient 
 thickness of the said wall, and was in no way owing to the digging of the well. 
 
 Wherefore the said undersigned experts are of opinion : 
 
 1st. That the wall should be rebuilt at the cost of the said C. D., and that 
 the said A. B. should have the right o( mitoi/euiiete therein to the height of the 
 fence. 
 
 2nd. And that the said C. D. should indemnify the said A. B. for the loss 
 sustained by him. 
 
 And in order to assess the amount of loss sustained they carefully consid- 
 ered, etc., etc., and, finally, the majority of said experts estimated the loss 
 sustained by the said A. B. at $ , to be paid at once by the said C D., 
 
 with legal interest from the uaLe hereof, and that the said C. D. should also bear 
 and pay the costs of the present arbitration. 
 
 Such is the decision of the majority of the said experts and umpire, 
 which they declare to have rendered conscientiously and in view of all the 
 circumstances. 
 
NOTARIAL EXTRACT. 
 
 71 
 
 The said Appearers furtlier declare that they have devoted to the various 
 operations inchided in this arlntration, to wit : the two experts six vacations of 
 three hours each, and the umpire two similar vacations, including the drafting 
 and execution of these presents. 
 
 Of all which these presents shall constitute the ivoch-verhal to serve and 
 avail as occasion shall or may require. 
 
 Whereof Acie. 
 
 Done and passed, etc. 
 
 Extension of Protest, see Protest hy Ship. 
 
 Extension of Time of Arhitrators, see Arbitration Bond. 
 
 E.cten8ion of Time of Puj/ment, see Payment. 
 
 NOTARIAL EXTRACT, C. C. 1216. 
 
 From a certain Deed of Sale executed on the twentieth day of November, 
 one thousand eight hundred and seventy-three, at the City of Montreal, before 
 C. Cushing, Notary Public, from Ephraim Hudon, Junior, Esquire, Mercliant, to 
 and in favor of Edward Carter, Esquire, Advocate, Q.C., M.P., and Frank J. 
 Keller, Esquire, Advocate, all of the said City of Montreal, the following clauses 
 have been extracted at full length and word for word as they appear therein, 
 to wit: 
 
 7th. The sum of {eo2)y the pari required). 
 
 I certify the foregoing to be a true extract from the above mentioned Deed 
 of Sale, remaining of record in my office, and that the same was made at the 
 requisition of and delivered to the said Edward Carter at Montreal, on the 
 day of , (me thousand eight hundred and 
 
 (Signed) C. Cushing, N.P. 
 
 f 
 
 m 
 
 
72 
 
 XDTICE TO liKCIfiTRAU AFFRCTlNa IMMOVAnLKS. 
 
 FoniHi/ CnioirU, see Difor. 
 
 Fdi'tn Lenne, we Lease. 
 
 Fees (Old Chnrifes for Profesthtfj Prninmnrji Notes, see Bill of E.rrhdiiye. 
 
 Foremnv, see EngiUjemenf. 
 
 General Poicr of Attorney, see Mandate. 
 
 Gift, see Donation. 
 
 Gift, Memorial of, see Donation. 
 
 Gift with Reserve of Usufruct, see Donation. 
 
 Gift of Movables, see Donation. 
 
 Gift, Re iwiciation of, see Donation. 
 
 Giving in Payment, see Payment. 
 
 Heir under Benefit of Inventory, see Account. 
 
 Heirs, Declaration RespectiiKj, see Notoriete. 
 
 Holograph Will, see Will. 
 
 Homologation of Report of Experts, Petition for, see Partage. 
 
 House Lease, see Lease. 
 
 Hypothec, see Obligation. 
 
 Hypothec, Memorial of Notarial, see Obligation. 
 
 Hypothec before Witnesses, Memorial of, see Obligation. 
 
 Hypothec, Priority of, see Obligation. 
 
 Lmnovable, Donation of, see Donation. 
 Lnmorable of Minors, Sale of, see Licitation. 
 
 IMMOVABLES, NOTICE TO REGISTRAR TO AFFECT, C. C. 2172. 
 
 To the Registrar oi the County (or Registration Division ) of 
 
 Sib, 
 
 Take notice that the property mentioned in and affected by the {describe 
 the Instniment) filed for registration in your office on the day of , 
 
 18 , is properly described under the provisions of Article 21G8 of the Civil 
 Code, as follows : [insert the description as required by the said article, shoicing 
 clearly of tcJiat number or numbers, or lohat part or parts of any number or nvmbers 
 in the proper plan and Book of Reference, such property consists,) and I give you 
 this notice under the requirements and for the purposes of the said article. 
 Witness my hand at this day of , 18 
 
 A. B., Notary Public. 
 
PETITION FOR INTERDICTION. 73 
 
 IMMOVABLES, NOTICE TO REGISTRAR TO AFFECT, C. C. 2115, 
 
 2120, 2121. 
 
 To the Registrar for the County (or Registration Division) of 
 
 Sir, 
 
 I hereby notify you that the following real property lying in your County 
 (or Registration Division) that is to say: {describe the properfi/ titiffirienfli/ a-i 
 rcquiretl hij the Cliul 6'oJe, ohserrliig the requlreinenf^s of Artirle 21G8 //" it in then In 
 force in mid Count// or Jtcf/istratlon Dimsion') is now in the possession of A. B., 
 of , as his property ; and I give you this notice to the end that the 
 
 said property may Ijeconie bound and affected by *^he general hypothec on the 
 lands and immovable property of created Ijy {^dcscrihe the inntriuncnt) which 
 
 is already registered (or herewith filed for registration) in your oflice in favor of 
 C. D., oi' (jiarti/ in irhose facor the hypothec exiJita) and may be indexed by you as 
 being so bound aiul affected. 
 
 Witness my hand this day of , 18 . 
 
 E. F., Notary Public. 
 
 1 
 
 
 :4 
 
 .;.i 
 
 IMMOVABLES, NOTICE TO REGISTRAR TO AFFECT, C. C. 2131. 
 
 To the Registrar for the County (or Registration Division) of 
 
 Siu, 
 
 Take notice that I hereby renew the registration of the hypothec created 
 by the {describe the inxtrnnient) registered in your office, on the day 
 
 of , 18 , and binding and affecting the following property lying in 
 
 your County (or Registration Division) that is to say : {describe the property) 
 which property is now in the possession of C. D., of , etc., as the 
 
 owner thereof. 
 
 Witness my hand this day of , 18 
 
 E. F., Notary Puldic. 
 
 ■^\ 
 
 Indentures of Studentship, see Studentship. 
 Indentures I'ransf erred, see Studentship. 
 Insolvency, see Assiyninent. 
 
 PETITION FOR INTERDICTION, C. C. 325 et seq. 
 
 Province of Quebec, > 
 District of Montreal. \ 
 
 To the Honorable the Judges of the Superior Court for the District of , 
 
 etc., etc. 
 
 The Petition of A. B., {occupation and residence,) 
 
 Respectfully represents : 
 
 That his uncle, C. D., {occupation and residence) has long since become 
 hopelessly insane and imbecile, and utterly incapable of managing or aduiinisteriug 
 his property, or of caring for it at all, and consequently al)solutely incapable of 
 providing for his own personal needs. 
 
 /if ,'' 
 
 
74 
 
 PETITION To UFJKtVK INTKllDlCTlON. 
 
 That on tlio contrary lie is Hqnandering his property, and transacting 
 business in a maimer that will speedily dissipate all his moans, being unable to 
 conduct and manage his afl'airs in conse((uence of the state of luiuicy and mental 
 alienation in which he now is as set Ibrth by the aiKdavits produced herewith. 
 
 That, as stated by the said ailidavits, the said C. 1). cannot in any wise or 
 for any cause leave his house on account of his advanced age, inlirmities and 
 extreme weakness, and consequently cannot be brought into the presence of 
 your Honors, 
 
 Wherefore your Petitioner seeing that it is absolutely necessary to interdict 
 the said C. D., and to name a Curator who will have charge of his perhon and 
 his property, and so prevent his complete ruin, ])rays that 3 our Ilonors will 
 permit him to cause to appear before you at such place, day and hour as it nuvy 
 please you to ordain, a suflicient nundjer of relatives, and friends in deiault of 
 relatives, for the purpose, on their advice, of interdicting the said C. D. and 
 appointing a Curator to his person and property, and otheiwise take due care of 
 him, or of adopting such other measures as the circumstances of the case and the 
 ends of justice may require. 
 
 And you will do justice. 
 
 Dated at , the day of 
 
 Z. X., Notary Pidjlic, 
 
 for the Petitioner. 
 
 AFFIDAVIT TO ACCOMPANY THE ABOVE. 
 
 A. B. the Petitioner above named being dul}- sworn on the Holy Evangel- 
 ists doth depose and say : 
 
 That all the facts and allegations above set Ibrth are true and well founded. 
 That the Petitioner is fully justilied in demanding the interdiction of C. D, 
 named in the said petition, and tliat a (Jurator be ap[)oiuted to him for the ends 
 and purposes in said petition set forth. 
 And has signed. 
 SAVorn before me at ^ 
 
 the day of , > A. B. 
 
 one thousand, etc. 3 
 
 P. Q., Connnissioner of the Sui)erior Court 
 District of 
 
 Ivterdidmi Vohmtori/, see JiuVeud Advker. 
 
 PETITION FOR REMOVAL OF INTERDICTION, C. C. 33G. 
 
 Province of Quebec, } 
 District of . ^ 
 
 To the Honorable the Judges of the Superior Court for the District of , 
 
 etc., etc. 
 
 The Petition of A. B., (omqxUion (nid resiilctici,) 
 
 Respectfully represents : 
 
 That by sentence pronounced by the Honorable one of the Judges 
 
 ^aaiiiiil 
 
AFFIDAVIT TO AGCoMPANY AliOVK I'KTITION. 
 
 75 
 
 of the Superior Court for Lower Oauiula, in the District of tlie diiy 
 
 of , your Petitioner was interdicted on account of insanity and mental 
 
 alienation, and provided with a Curator uh appears hy a copy of the judgment 
 herewith produced. 
 
 That a few months after the said judgment was pronounced your Petitioner 
 completely recovered the U80 of his mental faculties, and is now in as full 
 possession of his reason and intelligence as lie ever was. 
 
 That even during the comparatively short time of his mental alienation, he 
 did nothing to give rise to the fear that he would dissipate his property, or use 
 it for unworthy purposes ; though for that matter no one would have had cause 
 of complaint as sufiering therefrom as he is childless. 
 
 That the reasons for which the said interdiction was sought having disap- 
 peared, your Petitioner believes that the sentence of interdiction should be 
 removed. 
 
 Whereforeyour Petitioner, confident of his ability to manage and administer 
 his property and estate as hei'etofbre, being perfectly sound in mind, memory 
 and uiulerstanding, as it appears by the alHdavits produced herewith, prays that 
 your Honors will adopt the necessary means to have the sentence of interdiction 
 on your Petitioner removed, and that he be pernutted to re-enter into the 
 possession and enjoyment of his property ; and with the view of aflbrding your 
 Honors every means of arriving at a true knowledge of his mental condition, 
 your Petitioner is ready to appear before your Honors at such d.iy and hour as 
 you may be pleased to appoint, and to be questioned, in order that your Honors 
 may judge of the truth of his allegations and of his actual mental condition ; 
 praying your Honors to adopt such measures as to law and justice are meet. 
 
 And you will do justice. 
 
 Z. X., Notary Public, 
 
 for the Petitioner. 
 
 AFFIDAVIT TO ACCOMPANY THE ABOVE PETITION. 
 
 Province of Quebkc, 
 District of 
 
 C'. D. and E. F., {orciquitlons and residences) having been duly sworn on tiic 
 Holy Evangelists make oath and say : 
 
 That they have for a long time past known C. D., (occupation and residence) 
 having lived in his inunediate vicinity, and having had frequent intercourse 
 with him. 
 
 That for nearly the said C. D. has been in continuous possession 
 
 of all his mental faculties and intelligence, and during said time has not to their 
 knowledge committed any act denoting aberration of mind or insanity. 
 
 That in their opinion the said C. D. is quite capable of attending to his 
 business as formerly ; that even during his lunacy, which lasted but a short 
 time, they never became aware or heard it said tluit he had in any way 
 endeavored to squander his property or make a bad use of it, or transact any 
 business in a manner prejudicial to himself. 
 And tliey have signed. 
 Sworn before me at } C. D. 
 
 this day of ^ E. F, 
 
 P. Q., Connnissioner of the Superior Court 
 for the District of 
 
 v. II 
 
 r/ 
 
 ki 
 
76 
 
 LWVKNTonV—DISSOlJITlUN i)F COMMUNITY, WIDOW SURVIVING. 
 
 t I 
 
 Iiifrstaci/, Drcldnitmt of, m-c Licifado)). 
 lin^eiitorij, Account rendered nndcr lievefil of, nee Acioiint. 
 hiventorji, Jiennncldtion of licnefit of, see liemmc'mdon. 
 Invodorji — 
 
 1. DiHHolution of Coimimnity, Widow Hiirviviiig. 
 
 2. Testaineiitiiry ExccutorH, Seals ailixcd. 
 
 3. Petition tor Benefit of Inventory. 
 
 4. Advertisement by Heir under Benefit. 
 
 5. Petition for the Affixing of Seals. 
 
 0. Proccs-verbal of the Affixing of Seals. 
 
 7. Order Restricting the Affixing of Seals. 
 
 8. Order Countermanding the Affixing of Seals. 
 
 9. Petition for the Removal of Seals. 
 
 10. Proces-verbal of the Removal of Seals. 
 
 11. Proctis-verbal of Sale, see Sale of Movables of a Succession. 
 
 12. Proems verbal when there are not sufficient Assets to warrant 
 
 Inventory. 
 
 13. Recolement, or Supplement, or Addition to an Inventory. 
 
 14. For Separation of Property, see Separation. 
 
 an 
 
 INVENTORY.— DISSOLUTION OF COMMUNITY, WIDOW SURVIVING. 
 
 Preamble. - Judicial Procurator. - Description and Valuation of Movables.— 
 Adjournment.— Appointment of Attorney. Continuation of Inventory.— declaration 
 respecting Stook-in-Trade by the Widow.— Classing of the Papers.- Close of Vaca- 
 tion, -with Provision to Continue the Inventory at the Notary's Oflaoe. - Opening of 
 Vacation in the Notary s Office.- Propre of Deceased.— Succession of the Widow. - 
 Declaration by the Widow.- General Declarations, Protestations and Reserves.-— 
 Close of Inventory. 
 
 Preamble. 
 
 On this day the first of May, in the year of our Lord one thousand eight 
 hundred and eighty-six. 
 
 At the special instance and request of: 
 
 First. — Dame Ann Wood, of the City of Montreal, widow of the late 
 Robert Andrews, deceased, in liis lifetime of the same place, Merchant, herein 
 acting as well in her own name and behalf on account of the community of 
 property which formerly existed between her and her said late husband, to 
 whom she was married on the first of May, eighteen hundred and forty-eight, 
 without having previously executed a Contract of Marriage, as in her capacity 
 of tutrix to James, aged nineteen years, and Rowland, aged seventeen years, 
 minor children, issue of her marriage with the said late Robert Andrews. 
 
 Second. — Adolphus Andrews, of the City of Quebec, in the aaid Province, 
 herein represented by William B. S. Reddy, of the said City of Montreal, Notary 
 Public, his Attorney, as such duly appointed for the purposes of the present 
 inventory by power of attorney executed in original form, en hrSvel, before W. 
 D. Campbell, Notary Public, the second day of April last, (1886) and hereunto 
 annexed and identified by the signatures of the said Reddy and the undersigned 
 Notary. 
 
 Judicial Procurator. 
 
 N.B. — Absent heirs may be represented in inventories by a Judicial Pro- 
 curator (see petition fo)') .as provided by 41 Victoria, cap. 11, Stat. Que., and if 
 
INVF.SToRY—nititiOl.UTlON (>F COMMUNITY, WlDoW SfRVlVlNU. 
 
 77 
 
 sucli were iicceHsary in this inventory the Ibrni would read as IoIIowh: Seeond — 
 AdolphuH AndrewH, of llie City of London, England, Es(|uiro, herein re])resented 
 by A. IJ., of the said City of Montreal, Judicial Procurator, duly appointed on 
 petition hy the Honorable , one of the Judges of the Superior ('ourt for 
 
 Lower Canada, in the District of Montreal, the , a copy of which 
 
 order of appointment is hereunto annexed. 
 
 Third. — Dame Ada Aiulrews, wife of Ernest Chalmers, of the said City of 
 Montreal, Grocer, by her hu.sband hereto specially authorized, as appears by his 
 presence and signature. 
 
 Also in the presence of Ralph Chand)ers, of the said City of Montreal, 
 Trader, the sub-tutor of the said minors Andrews, they the said same Ann Wood 
 and Ralph Ch-imljers, duly appointed to their said respective oflicesof tutrix and 
 sub-tutor on the advice of tlie relatives and friends of the said minors, homolo- 
 gated by the Prothonotary of the Superior Court for Lower Canada, in the 
 District of Montreal, the twenty-nintli of April last, (1S80) registered the 
 following day in the registry oihce for the registration of Montreal West, under 
 the No. 
 
 The said Adolphus Andrews, Ada Andrews, James Andrews and Rowland 
 Andrews, being the sole issue of the marriage of the said Dame Aim Wood with 
 the said late Robert Andrews, and heirs-at-law each for one-fourth of their said 
 late father. 
 
 For the preservation of the rights and interests of the said parties and 
 others whom it may concern, and without afl'ecting or prejudicing the interests 
 of any of the said parties, ])ut on the contrary under all reservations. 
 
 I, Charles Ousliing, the undersigned Notary Public for the Province of 
 Quebec, residing in the City of Montreal, 
 
 Did proceed to the inventoi'y and faithful description of all the property, 
 movable and immovable, moneys, stocks, securities for money, household liirni- 
 ture, debts, credits and eftects, title deeds, vouchers, papers, and other things 
 belonging as well to the community of pi'operty which existed between the said 
 late Robert Andrews and his wife, as to the succession of the said late Robert 
 Andrews at the day of his death, which occurred on or about the fifteenth of 
 April last, (188G) the whole as found and being in the places hereinafter 
 designated in a house situate on and known by the No. St. Antoine Street, 
 
 in the said City of Montreal, ftn-ming part of the said comnuuiity. 
 
 Which said property will be exhibited and declared to me the said Notary 
 by the said Dame Ann Wood, who promised to faithfully exliibit, represent and 
 cause to be included in the present inventory all the property to her knowledge 
 belonging to the said community and to the succession of the said late Robert 
 Andrews, without any concealment or diversion whatever. 
 
 And the movables subject to valuation will be appraised by William E. 
 Shaw and Thomas J. Potter, both of the said City of Montreal, Auctioneers, 
 Appraisers chosen by the said parties, and who promised, under oath adminis- 
 tered by the undersigned Notary, to appraise the same at their just and full 
 value at the present time to the best of their knowledge. 
 
 And the said parties hereto, under reserve of all their respective rights and 
 claims, and the said Appraisers, have severally signed with and in the presence 
 of the said Notary, after due reading of these presents executed under the 
 number twenty thousand and 
 
 (Signatures) 
 
 fi 
 
78 .'NV/'JNToUy DISSOLUTION i>F doMMl'NITY, WIDoW SUUVIVISii. 
 
 Desoriptlon and Valuation of Movables. 
 
 In tiik KiTciiKN. 
 
 1 — One I'ookiiif,' Htovo, " DiichoHS," valued nt twenty dollars $20 00 
 
 2 — Ten lengths of stove i)ii)e, valued at live cents each 50 
 
 3 — Three (ire shovels, one pair of tongs, one gridiron, one tripod, 
 
 valued the lot at two dollars 2 00 
 
 4 — Etc., etc ... 
 
 In thk Pantkv adjoininc; the Kitcukn. 
 
 5 — One dinner set, complete, consiHting of sixty pieces, valued the set 
 
 at forty dollars 40 00 
 
 0— Etc 
 
 In thk Dining Room. 
 7 — One black walnut extension dining table with three extra leaves, 
 
 valued at twenty-five dollars , 25 00 
 
 8— Etc 
 
 In the Parlor. 
 9 — About thirty yards Brussels carpet, valued at eighty cents a yard 24 00 
 10— Etc 
 
 In the Hall. 
 
 11 — One hall stove, Argaud burner, valued at ten dollars 10 00 
 
 12— Etc 
 
 In the Front Bedroom on Upper Flat. 
 13 — About fifteen yards tapestry carpet, valued at forty cents a yard. 00 
 
 14 — Bedroom set, ccmsisting of bedstead, bureau and glass, washstaiid, 
 table, one rocking chair and two chairs, valued the set at one 
 
 hundred and fifty dollai's 150 00 
 
 15— Etc 
 
 Jewellery. 
 16 — One gold watch in hunting case, valued at one hundred dollars. . 100 00 
 
 17 — One gold seal with Scotch pebble, valued at ten dollars 10 00 
 
 18— Etc 
 
 Plated Ware. 
 19 — One silver plated cake basket, valued at two dollars 2 00 
 
 Clothing of Mrs. Andrews. 
 20 — Sixty linen chemises, valued the lot at fifteen dollars 15 00 
 
 Clothing of Mr. Andrews. 
 21— Fifty linen shirts, valued the lot at twenty dollars 20 00 
 
 Cash. 
 22 — In the purse of the said late Robert Andrews the sum of eighteen 
 
 dollars 18 00 
 
 Amounting, the valuation above made, to the total sum of sixteen 
 
 hundred and fifty-four dollars and twenty-five cents $1654 25 
 
INVKNToHY—nmsoLUTloN OF COMMUNITY, WlhoW SUHVlVlNit. 
 
 7!) 
 
 (Where the valuiition of uiovahle.s ciuinut l)e completed the Hiune (hiy, u 
 contimiiition in wni\led iin lollows :) 
 
 Adjournment. 
 
 From the hiteness of the hour, it being now ten o'ch)ck in the evening, the 
 continuation of tlie present inventory has been postponed nntil to-morrow, the 
 2nd of May, instant, at eight o'clock in the forenoon, on which day and at which 
 hour the said parties i)romise to meet and proceed with the present iiiven- 
 tory withont other notice, and further they the said parties agree that the 
 inventory shall be contiiuied in their presence or absence, and the same is thus 
 far closed. 
 
 (Or, From the lateness of the honr, it being now ten of the clock in the 
 evening, the continuation of the present inventory was post[)oned till a future 
 day, to be hereafter indicated, and the same is thus far clo.sed.) 
 
 The articles inventoried, as well as those to be inventoried, have been left 
 by consent of the parties in the care and possession of the said Uame Ann 
 Wood, who undertakes the trust, and to produce them when and to whom it 
 may appertain. 
 
 The present iiiv»"jitory has been proceeded with, including the time occu- 
 pied in drafting the preamble thereof, as well as in the said appraisement, by 
 triple vacation from eight o'clock in the morning until ten o'clock in the 
 
 evening. 
 
 Appointment of Attorney. 
 
 Before the close hereof the said Ernest Chalmers has hereby constituted his 
 said wife, Dame Ada Andrews, whom he hereby authorizes lor the purpose, his 
 Attorney, to whom he gives full power and authority to represent him at the 
 continuation of the present inventory, to assist at all subsequent vacations, and 
 then and there make all representations, demands, protestations and reserves, 
 to consent to the delivery of the articles comprised in the inventory, and of the 
 titles, papers and registers to such persons as she may agree to choose, to accept 
 the deposit that may be made of them with him the said constituent, to give or 
 accept all powers of administration, to ask for all necessary authority to a(^t 
 without cognizance of the capacity, to introduce all questions for I'elerence and 
 uphold them, to sign all proceH-vt, udiix, to substitute and ir. her place put 
 another Attorney, with all the powers hereby conferred on her, and generally 
 to do all that she may think necessary in the premises. 
 
 And the said parties hereto have signed with the said appraisers, and with 
 and in presence of the said Notary, and without prejudice, but on the contrary, 
 under reserve of all their rights, after due reading of these presents, executed 
 under the number 
 
 (Signatures) 
 
 Oontinuation of Inventory. Declaration by the Widow respecting the Stook-in-Trade. 
 
 And on this day the second of May, 1885. 
 
 In pursuance of the appointment made at the close of the preceding vaca- 
 tion, I, Charles Cushing, the said Notary, did proceed at the request of the 
 parties named in the preamble of the present inventory, and in their presence 
 and capacity aforesaid, with the exception of the said Ernest Chalmers, who is 
 represented by the said Dame Ada Andrews, in virtue of the power conferred 
 upon her in the close of the previous vacation (in following vacations, say, Ada 
 Andrews, acting always as well for the said Erne.«t Chalmers as in her own 
 
 'I 
 
 f^'\^ 
 
 if 
 
 Avi 
 
 Ic'i li 
 
80 INVENTORY— DISSOLUTION OF COMMUNITY, WIDOW SURVIVINd. 
 
 name) with the continuation of the said inventory in the manner foHowing : 
 
 Stock-in-Traile and implements used in connection therewith. 
 
 In a shop situate on and known by the number Notre Dame Street, 
 
 ',»'liere the said bite Robert Andrews carried on the business of Dry Goods Mer- 
 chant, and to which the said Notary, Appraisers and other parties to the present 
 inventory repaired to inventorise the merchandise and effects found there 
 beloiigiug to the said connnunity and succession. 
 
 The said inventory is about to l)e continued by tlie said Charles Gushing, 
 Notai'y Public, by inventorising the merchandise composing the stock-in-trade, 
 and the movables and utensils used in carrying on the said dry goods business, 
 also the gooil-will thereof 
 
 On th epresentatiou to be made thereof by the said Dame Ann Wood and 
 by James Ko-c, manager of the business, intervening party hereto, who, notified 
 of the oath he will be called upon to take at the close hereof that he has not 
 withheld anything, nor seen nor known anything to have been withheld by any 
 person directly or indirectly, promises to conform thereto. 
 
 The valuation of the objects requiring to be inventorised will be made by 
 Eli Jonas, Auctioneer, and Abner Rogers, Buyer, both of the said City of Mont- 
 real, experts chosen, the former by the said Dame Ann Wood, and the latter by 
 .' "■■ heirs of the said late Robert Andrews, who promised under oath adminis- 
 tered by the said undersigned Notary, to appraise the same at their just and ful' 
 value at the present time, to the best of their knowledge. 
 
 And the said experts have signed after due reading hereof. 
 
 (Signatures of experts) 
 
 {If the survivor has the rifjht to riaitn possi^sion of the stock-in-trade, etc., add:) 
 
 Before proceeding with the inventory of the merchandise, plant and good- 
 will, the said Dame Ami Wood declares that by the conditions of her contract 
 of marriage with her said late husband, hereinafter set forth, and as survivor 
 she is entitled to retain as her own : 
 
 1. The stock-in-trade, etc., etc., of the said business at the price placed 
 thereon by the said experts, or in the event of a difference of opinion by one of 
 them and the referee or umpire, provided she make known her intention 
 within three months from the date of her husband's death, 
 
 2. The unexpired term of the lease of the premises, subject to the payment 
 of the rent and observance of the conditions of the lease, computed from the 
 said date of her husband's death. 
 
 And that she reserves her right so to do within the said delay. 
 
 {Or if Mrs. Andrews accepts forthwith :) 
 
 That she has decided to retain the said stock-in-trade, etc., etc., on the 
 conditions set forth in said contract of marriage. 
 
 And that she has so declared her intention in order to be relieved of the 
 necessity of notifying her said late husband's heirs as required by the said 
 contract. 
 
 And after due reading hereof she has signed. 
 
 (Signature) 
 
 The said heira of the said late Robert Andrews, and the said Ralph 
 Chambers in his capacity of sub-tutor to said minors acknowledge themselves 
 notified of the premises and have signed after due reading hereof. 
 
 (Signatures) 
 
INVENTORY— DISSOLUTION OF COMMUNITY, WIDOW SUUVIVINO. 
 
 81 
 
 In the First or Ground Floor of said Shop. 
 
 Black walnut countei' with drawers, valiUMl at $ 
 
 Four other counters with shelves, and three tables, valued the lot at. . 
 
 Ten pieces of factory cotton, valued at 
 
 Etc., etc., etc 
 
 Good-will. 
 
 The said appraisers afler careful examination of the books of the .said busi- 
 ness, and of the figures repre.senting the business done each year, and having 
 taken into consideration the location of the shop, the unexpired term of the 
 lease, and ocher facts affecting the value of the business, have valued the good- 
 will of the business at the sum of % , which does not include, stock, 
 fixings, or other effects, which have been valued separately. 
 
 And the said James Rose, manager, having made oath before the .said 
 Notary that he had caused to be included in the present inventory all to his 
 knowledge belonging to the said business without any concealment or diversion 
 of anything directly or indirectly, has with the said appraisers signed and 
 withdrawn after due reading of these presents, executed under the No. of 
 
 the deeds of record of said Notary. 
 
 (Signatures) 
 
 {At the close of tJie appralsemerd of movables write :) 
 
 And it being iio.v five of the clock in the afternoon, and there being no 
 other furniture or effects subject to valuation to include in tlie present inventory 
 the same as regards thereto was and is closed, and the said api)raisers after due 
 reading hereof have signed and withdrawn, and the inventorizing of the debts, 
 iuitive and passive, bank and other stocks, securities for money, imuK vable 
 property, title deeds, vouchers, papers and other things belonging to thi: snid 
 community and succession, was postponed till a future day to be named by the 
 parties. 
 
 And the said parties after due reading liereof, etc. 
 
 (Signatures) 
 
 Continuation of Inventory. 
 
 And on this day, the tenth of May, 1885, 
 
 At tl'.e residence of the .said late Robert Andrews, No. St. Antoine 
 
 Street, Montreal, 1, Charles Gushing, the said Notary, at the request of the 
 parties named in the preamble of the present inventory, and in their presence 
 and capacity aforesaid, with the exception of the appraisers who have completed 
 the valuation of tlie ol)jects requiring it, the said Dame Ada Andrews continuing 
 to iict as well for the .said Ernest Chalmers as in her own name, did proceed for 
 the purpo.se of continuing the said inventory by taking a description of the title 
 deeds, obligatiou.s, constitutions of rent, promis.sory notes and other securities 
 for money, bank and other stocks, vouchers, books of account, debts active and 
 passive, and other things belonging to the said community and succession in 
 manner following, to wit : 
 
 Classing of the Papers. 
 The titles, papers and books found during the course of operations at the 
 late residence of the deceased were brought together to be classified, and 
 occupied the time of the said Notary fntm to 
 
 
 
 
1. ■■■' TT" J" '"Pil'*' ' v* 
 
 82 
 
 f.vvK.vronv -nrssoLirrrox of CD.u.uirxiTv, winow sunviviNd. 
 
 All the papers were left in the care and possess' 'i of the said Mrs. 
 Andi'ews, Avho undertook to produce them at the opening of the next vacation. 
 The narties adjourned for the continuation of the inventory to the 
 And ..fter reading hereof, etc, 
 
 (Signatures) 
 
 Close of a Vacation with provision to continue the inventorizing of the papers at 
 
 the Notary's OfBce. 
 
 The continuation of the present inventory has been adjourned to the 
 on which day and hour the parties promise to attend at the office of the under- 
 signed Notary whither the titles, papers and books will be I'emoved to be 
 
 inventoried. 
 
 Opening of Vacation in the Notary's OCaoe. 
 
 And on this day, the , 
 
 At No. 110 St. James Street, Montreal, in the office of the undersigned 
 Notary, the place where the parties have thought best to convey the titles, 
 papers and books which ai'e about to be inventoried. 
 
 I, Charles Gushing, the said Notary, etc. 
 
 Propre of Mr. Andrews. 
 
 Number one. Seventeen pieces. 
 
 The first is the copy of an act passed bef«)re II. S. Hunter, Notary, 
 the containing a partage between 1st, Robert Andrews, 2nd, Charles 
 
 Andrews and 3rd, Dame Jane Andrews, wife of Homer Jones, Advocate, of the 
 immovable property belonging to the succession of Claude Andrews, their father, 
 who departed this life at Montreal, the , and whose heirs they were, 
 
 each for one-third without any condition or charge of usufruct. Dame Rachel 
 Smith, widow of the said Claude Andrews, having renounced all her rights in and 
 to the estate and succession of her husband by Act of Renunciation passed before 
 H. S. Hunter, Notary, the 
 
 The mass subject to division amounted : 
 
 In principal to twelve thousand dollars $12,000 00 
 
 In revenues to six hundred dollars f GOO 00 
 
 Of which the one-third for each child was: 
 
 In principal three thousand dollars 3,000 00 
 
 In revenues two hundred dollars 200 00 
 
 Amounting in all to three thousand two hundred dollar $3,200 00 
 
 The debts, including cost of liquidation and partage amounted : 
 Chargeable against capital to the sum of six hundred 
 
 dollars $000 00 
 
 Chargeable against revenue to the sum of ninety dollars $90 00 
 
 Of which the one-third taxable on each child 
 amounted : 
 
 Of the capital to two hundred dollars 200 00 
 
 Of the revenue to thirty dollars 30 00 
 
 Amounting in all to the sum of two hundred and thirty 
 
 dollars $230 00 
 
^T'^ 
 
 INVENTORY— DISSOLUTION OF COMMIXITY, WIDOW SUIIVIVINO. 83 
 
 To make the share of Robert Andrews, amounthig to $3,200.00, there was 
 
 allotted to him : 
 
 1st. One thousand dollai's, forming piu of twelve hundred dollars 
 
 brought back rapporte by him to the estate $1,000 00 
 
 2nd. Movable effects, valued at two hundred dollars 200 00 
 
 3rd. Loi number ten on the official plan and book of referencce, of 
 St. Lewis Ward, Montreal, with the wooden dwelling thereon, 
 valued at one thousand dollars 1,000 00 
 
 4th. Lot No., etc., {mahe dmrription) 1,000 00 
 
 Sum equal to the claim of Robert Andrews $3,200 00 
 
 The $200 forming the balance of the amount brought back by Robert 
 Andrews were allotted to his sister Mrs. Jones, subject to the condition that it 
 was to be paid within the delay of one year, with interest at the rate of six^>er 
 cent am per ammtn. 
 
 It was declared that Robert Andrews should pay various debts amounting 
 to two hundred and thirty dollars in discharge of his share of the liabilities of 
 the estate. 
 
 XoTA. — Aunotiitious written in tlic niaii,'in of the copy state that tlie ^230 were paid to the 
 creditors there named according to three aciiuittauces passed before H. 8. Hunter, the 
 
 The second piece is copy of an Act passed before R. A. Dun ton, Notary, at 
 Montreal, the , being an acquittance by Mr. and Mrs. Jones of the two 
 
 hundred dollars which Mr. Andrews was required to pay Mrs. Jones on account 
 of the money he was to return ntpporter to the estate. 
 
 The six following pieces relate to various servitudes and niitoi/ennetes attach- 
 ing to the lot and dwelling allotted and made over to Mr. Andrews. 
 
 The other pieces are old titles auv'. deeds of the property that fell to the said 
 Mr. Andrews by the partage just analysed. 
 
 All these pieces have been numbered, paraphed and inventoried under the 
 number one, (No. 1.) 
 
 " Mrs. Andrews makes the following declarations : 
 
 " 1. I^Ir. Andrews paid forty dollars, due as charges for dealings with 
 " property after the death of his father, forty dollars. 
 
 " 2. The lot of land described as number four was sold to T. W. Burdon, of 
 "Montreal, Accountant, by Deed passed before R. A. Dunton, Notary, the , 
 " for lifteen hundred dollars, which was subse(juently paid, as per release passed 
 " before the same Notary the 
 
 " 3. The remaining immovable acquired under the said partage remains 
 '* still in the same condition." 
 
 Succession of Mrs. Andrews nee Wood. 
 
 Niimher four. Twenty-eight pieces. 
 
 The first is copy of the inventory made after the death on the of 
 
 Mrs. Rachel Smith, widow of Claude Andrews, prepai'ed by R. A. Dunton, 
 Notary, at the request of, 1. Robert Andrews; 2. Charles Andrews ; 3. Mrs. Jane 
 Jones, hereinbefore named, her children and sole heirs-at-law, each of one-third. 
 The succession of Mrs. Andrews having been liquidated as hereinafter men- 
 tioned the analysis of said inventory is useless. 
 
 r./ 
 
 i:^r 
 
 Vf 
 
84 
 
 INVENTORY— DISSOLUTION OF COMMUNITY, WIDOW SURVIVING. 
 
 Tlie second is copy of an act passed before Win. B. S. Reddy, Notai'y, the 
 
 , containing the liquidation and partage between the Messieurs 
 
 Andrews and Mr. and Mrs. Jones, etc., {make an (duiIi/sIs of this piert; <ui<l of the, 
 
 others couiprised in this number ; then set forth the declarations as in the ^trecediny 
 
 number.) 
 
 Donation by Mrs. Generous. 
 
 Number Jive. Four pieces. 
 
 The first is copy of an act passed before L. A. Hart, Notary, the , 
 
 according to the terms whereof Mrs. i^.dehiide Andrew^s, living at , widow 
 
 of Clarence Geneious, made a donation by way of preciput par preciput et hors 
 'part to Robert Andrews, her nephew, of a house and lot situate on Doi'chcster 
 Street, Montreal, and known and designated by the No. on the official 
 
 plan and in the book of reference of St. Antoine Ward, with reserve of usufruct 
 in favor of the donor during her natural life, and subject to the payment by the 
 said Robert Andrews to the said Mrs Generous of an annual life-rent of one hun- 
 dred dollars payable half-yearly. This copy was registered on the , un-ler 
 No. in the Registry Office for the Registration Division of Montreal West. 
 
 The second is copy of an act passed before L. A. Hart, Notai'y, the , 
 
 by which Mrs. Generous ceded her usufruct to Mr. Andrews for $ cash. 
 
 The third and fourth are old title deeds of the house and lot. 
 
 These pieces have been numbered, paraphed and inventoried under the 
 number five, (No. 5.) 
 
 " Mrs. Andrews makes the following declarations: 
 
 " 1. The life-rent created in favor of Mrs. Generous has been duly paid ; 
 " there was due at the death of Mr. Andrews the pro rata amount for the year 
 " running since the , to wit, $ 
 
 " 2. There were paid for the costs of the deed of donation, two hundred 
 " and fifty dollars, and for the costs of the act of renunciation of usufruct, 
 " twenty-five doLars." 
 
 Propre of Mrs. Andrews. Succession of Mr. Wood. 
 
 Number six. Seventeen pieces. 
 
 lite first is an extract from an act of partage jjassed before G. E. Borlase, 
 Notary, at Montreal, the , between Mrs. Andrews and Thomas Wood, 
 
 Law Student, of the succession of their father, the late Horatio Wood, in his 
 lifetime of , Merchant, where he died on the ; by which 
 
 deed the second lot which fell to Miss Wood, now Mrs. Andrews, was composed, 
 etc., d/ive the particxdars.) 
 
 The other ineces are old titles connected with the immovables pertaining to 
 the lot of Mrs. Andrews. 
 
 These pieces have been numbered, paraphed and inventoried under the 
 
 number six, (No. 6.) 
 
 Succession of Mrs. Wood. 
 
 Number seven. Thirty-two pieces. 
 
 The first is an extract of a deed passed before G. E Borlase, Notary, the 
 
 , by the terms of which Dame Agnes Judas, of ,widow of 
 
 Horatio Wood, deceased, made a division of her property, in anticipation of 
 
 death, between Mrs. Andrews and Thomas Wood, her two children and sole 
 
 presumptive heirs. 
 
 The donees returned to the mass of the estate the gifts and advantages 
 derived by them from their mother. 
 
r."- 
 
 INVENTORY— Dlti80LUTI0N OF COMMUNITY, WIDOW HUllVIVINU. 85 
 
 Tliere was assigned to Mrs. Andrews in settlement of her interest in the 
 mass : 
 
 1. The sum of five tliousand dollars brought back by her to the mass, and 
 being the amount of dowry settled on her by her mother. 
 
 2. A house situate at, etc. 
 
 3. A fanu under cultivation, consisting of one hundred acres, situate, etc. 
 
 4. The sum of twelve hundred dollars to be received from Thomas Wood, 
 her brother, on the amount brought back nipporte by him. 
 
 The donees were charged with \\w payment, one-half by each, to the said 
 Mrs. Wood during her life of an annual life-rent of, etc. 
 
 NoTA. — " Mrs. Aiidiows makes tlio follnwi.iy (k'clamtioiis : 
 
 " 1. Tlic sum (pf Iwelvo Imiuliod dollars to bu rrcoivcd from Thomas Wood \i'('i(! jiaid to Mr. ami 
 " Mrs. Andrews as declan.'d in an aciiiiittauco passed bofore 1'. E. Norniandcau, Notary, the 
 
 " 2. The sum of forty dollars was paid as Mrs. Andrews' half of the costs of IIk; saiil [laitage in 
 " antieipation of deatli. 
 
 " 3. The life-rent stipulated payable to Mrs. Wood was extinguished by her death, wIulIi will bo 
 " mentioned hereafter. 
 
 " 4. The farm designated under the number tli'ee was sold by Mr. and Mrs. .Andrews to Thomas 
 " W. liurdon of Montreal, Aeeountant, by Deed of .Sale passed before (J. R. W. Kittson, Notary, 
 " the , for one thousand dollars, of which two hiiudre<l dollars were jiaid in cash, ami the 
 
 " balance or sum of nine hundred dollars is stipulated payable in and by three eipial annual and coii- 
 " secutive payments of three hundnnl dollars each, the lirsi, whereof will become due the , 
 
 " with interest at si.\ pi'i- ccntiuii per annum payable annually on the lirst of January. The said 
 " balance is seoired by vendor's privilege on the property registered the 
 
 " .5. At the time of Mr. Andrews' death there was due the pni rata amount of interest from 
 " the , to wit, the sum of $ 
 
 " 6. The other immovables are in the same condition." 
 
 The second piece is copy of an act passed before W. de M. Marler, Notary, 
 the , according to the terms whereof Mrs. Andrews and Mr. Wood 
 
 proceeded to the division of the movables only of the succession of Mrs. Wood, 
 their mother, who departed tliis life the 
 
 This division having been made very shortly after her death, no distinction 
 was made between capital and revenue. 
 
 The mass left for division, after deduction of the debts, amounted to fifteen 
 
 hundred doUars |1,500 00 
 
 Whereof Mrs. Andrews' one-half was seven hundred and fifty 
 
 dollars 750 00 
 
 Tt) make good to Mrs. Andrews this sum there was allotted her : 
 
 1. Certain furniture and movables, valued at one hundred and fifty 
 
 dollars 150 00 
 
 2. An obligation for five hundi'ed dollars due by Daniel Day to Mrs. 
 
 Wood, passed before F. J. Durand, Notary, the , with 
 
 twenty dollars accrued interest thereon 520 00 
 
 3. And eighty dollars in cash 80 00 
 
 Making a like sum $1,500 00 
 
 NoTA. — " Mr. Andrews declares : 
 
 " That the obligation of Mr. Day was fully satisfied as appears by an aci|uiltanco passed, etc." 
 
 The other pieces are old titles of the immovables allotted to Mrs. Andrews 
 by the partage just analysed. 
 
 These pieces have been numbered, paraphed and inventoried under the 
 number seven, (No. 7.) 
 
 r. 
 
 fr i 'I 
 
86 
 
 INVENTORY— DISSOLUTION OF COMMUNITY, WIDOW SUIIVIVINO. 
 
 Legacy by Mr. Judas. 
 
 Nnniher chjhf. Two pieces. 
 
 Thejirst is copy of tlie La.st Will and Testtunent of Honorius Jiidas, in his 
 lifetime of , Trader, deceased, the , passed before Tlieo. 
 
 Doncet and his coUeaffue, Notavie.-, the 
 
 , by which Will Mr. Judas 
 
 bequeathed to Mrs. Andrews, his nice > : 1. The sum of three thousand dollars, 
 stipulated payable within one year of his death ; 2. A lot of land or garden 
 situate, etc., burdened with a servitude of right of way in favor of the owner of 
 the adjoining lot, Claude Forester. 
 
 The second is copy of an act passed before, etc., v/hereby Mr. and Mrs. 
 Andrews acquired the said right of way from Mr. Forester for two hundred 
 dollars cash. 
 
 These two pieces have been numbered, paraphed and inventoried under the 
 number eight, (No. 8.) 
 
 NoTA. — " Mrs. Andrews makes the following declaralioiis : 
 
 " 1. Tlie three Ihousaiid (Uillars be(]ueathed to Mrs. Andri!\v.s were paid to .Mr. and Mrs. 
 "Andrews, as appears hy an aet of receipt of legacy passed l)eforo, etc. 
 
 " 2. The ganhni heciueathed to Mrs. Andrews was sold by Mr. and Mrs. Andrews to .iolm Kae, of 
 " IHtawa City, hy deed jjassed before, etc., for the sum of two tliousand dollars cash, which was used 
 " in the acipiisition of an immovable in the name of ^[rs. .\ndrews, as will appear under number nine." 
 
 Purchase for re-investment from Mr. Oonroy. 
 
 Nnniher nine. Eleven pieces. 
 
 Thejirst is copy of a deed passed before, etc., by which Gabriel Conroy, of, 
 etc., sold to Mrs. Andrews a piece of land, etc., for two thousand dolhirs cii.sh ; 
 with declaration that the money used to effect this purchase belonged to Mrs. 
 Andrews and came from the .sale of a garden to John Rae, as se* forth in a foot 
 note to number nine. 
 
 The other meces describe as usual. 
 
 Titles and pieces concerning the community. 
 Nmnber ten. Fifteen pieces. 
 
 Purchase from Q-rover Cleveland. 
 
 The first is a copy of a deed of sale from Giover Cleveland, of, etc., to 
 Robert Andrews of four lots of land under cultivation, known and designated 
 by the numbers lifty to fifty-three both inclusive (Nos. 50, ^«1, 52 and 53) on 
 the official plan and book of reference of the Incorporated Village of Cote des 
 Neiges, in the County of Hochelaga, in said Province of Quebec, containing one 
 acre each, without buildings, for the price or sum of four thousand dollars, 
 whereof two thou.sand dollars were pai<l cash, the purchaser agreed to pay the 
 balance in five years with interest, etc. 
 
 The second is an acquittance for five hundred dollars on account of the 
 balance due, etc. 
 
 The remaining pieces, etc. 
 
 These pieces have been numbered, etc. 
 
 "Mrs. Andrews declares that there is a balance due to Mr. Cleveland under 
 " said deed of sale of fifteen hundred dollars, and that at the death of Mr. 
 " Andrews there was due for pro rata interest thereon from the the 
 
 " sum of I 
 
'■^m 
 
 INVKNTORY—niSSOLUTION OF COMMUNITY, WIDOW SURVIVING. 
 
 87 
 
 
 Loan due by Mr. Blaine. 
 
 Niunher eleven. Four jjieces. 
 
 The first is an xwX paused before, etc., whereby James G. Blaine, of , 
 
 Fanner, acknowledges hini.self indebted to Roljort Andrews in the sum of 
 $ , payable tbree years after date, with interest at the rate of seven i>er 
 
 rent Hill per annum payable halt-yearly on the, etc. And to secure the repayment 
 of said sum and interest the .said Blaine hypothecated a farm, etc. 
 
 The .serond is a certificate oi" .search had against said property from the 
 opening of the cadastre. 
 
 The third is the deed of purchase of said property by the said Blaine from, 
 etc. 
 
 The fourth is a policy of insurance on the buildings erected on said property, 
 elTected by the said Blaine with the Liverpool and London and (llo])e Insurance 
 Company for % , with a transfer enuorsed on .said policy by .said Blaine 
 
 and accepted by the Company, by which the policy and indemnity to ))ecome 
 due thereunder in the event of fire, were transferred to tlie said Andrews as 
 mortgagee. 
 
 These pieces have been numbered, etc. 
 
 " Mrs. Duval declares that at the death of the said Mr. Andrews there was 
 " due for^>ro rata of interest on said loan from the the sum of $ ." 
 
 Promissory Note of Eli Oox, etc. 
 
 Nuinher twelve. One piece. 
 
 This piece is a promissory note signed by Eli Cox, of . to the 
 
 order of the said Robert Andrews, dated at Montreal, the , and pay- 
 
 able six months after date at The Molsons Bank. 
 
 This piece has been numbered, paraphed and inventoried as the only picee 
 of number twelve, (No. 12.) 
 
 Hei-e give description of other securitiei^;, such .is : 
 
 Dominion Bonds, 
 Railway Debentures, 
 Municipal Bonds, 
 Bank deposit receipts, etc. 
 With reference to these it is usual to declare that they have been inven- 
 toried under their respective numbers, but that they have not been numbered 
 or paraphed at the special request of the parties, in view of their character, and 
 to avoid any depreciation in value such formality would cause. 
 
 
 !'■• 
 
 I'- 
 
 M ■« i 
 
 > il 
 
 \J 
 
 Insurance Policies. 
 
 Number thirteen. Three pieces. 
 
 The first is a policy of insurance effected on his own life by the said late 
 Robert Andrews with the British Empire Life Assurance Company for the sum 
 of $ , under policy issued the . and bearing the No. , signed 
 
 by , the President, and countersigned by Frederick Stancliffe, the 
 
 Manager at Montreal of the said Company. 
 
 The second and third pieces are receipts for the annual premiums paid upon 
 said policy, the 
 
 These pieces have been numbered, etc. 
 
 NoTA. — " liy the said receiptf li, appears that the premiums tlue with regard to said policy have 
 " been paid up to the 
 
88 
 
 INVKNTORY—DISSOLUTION OF COMMUNITY, WmoW SURVIVINO. 
 
 Number fntirtceii. Twenty pieces. 
 
 The first is a policy of insurance against loss by fire for five thousand 
 dollars, offected on the house, etc., by the said Mr. Andrews with the ^Etna 
 Fire Insurance Company, dated at Montreal the, etc., and terminating the 
 
 The. other pieces are receipts for premiums, rules of the Company, etc. 
 
 As these pieces may afford useful information they have been numbered, etc. 
 
 Books of Aooount. Journal. 
 
 Niunher Jl/tfni. A jounnil l;uund in cloth, labelled Jonrmtl D, serving to 
 record, daily, the purchase and sales of goods, whether for cash or on credit. 
 This journal contains two hundred pages. 
 
 The pages up to and including the one hundredth have been written upon 
 in full, without blanks or intervals, the remaining pages are blank. 
 
 The entries have been made from to , the day the present 
 
 inventory was commenced, when the accounts were closed to arrive at a regular 
 statement. 
 
 / M the entries in the journal have been carried to the various accounts 
 they Cv^iicern in the ledger hereinafter inventoried. 
 
 Consequently no further description of the journal has been given. 
 
 And it has been numbered, paraphed and inventoried the only piece of the 
 number fifteen, (No. 15.) 
 
 Ledffer. 
 
 Number sixteen. A Ledger, octavo size, bound in sheepskin, labelled Ledger 
 D, containing an abstract from the corresponding Journal D, the debit and 
 credit account of each debtor or creditor of the late Mr. Andrews, and the various 
 other accounts required in his business. 
 
 This Ledger has five hundred pages and has been used up to page one hun- 
 dred and fifty, the remainder is in blank. 
 
 The pages being intended lor successive accounts are partly written upon 
 and partly blank. 
 
 All the accounts have been closed and balanced up to the , date 
 
 of the commencement of this inventory. 
 
 It may be observed that all the accounts entered on one side or the other 
 by the requirements of trade are adjusted and do not show any balance due 
 .according to the ledger, but the statement of the due book hereafter inventoried 
 shows what is owing to or by Mr. Andrews. 
 
 An ilbstract from the Ledger discloses that there are owing to the commun- 
 ity the following accounts which are divided into good, doubtful and bad debts, 
 on the representations of Mrs. Andrews, to wit : 
 
 Qood Debts. 
 
 1. By John Bly the sum of $ , etc. 
 
 Doubtful Debtp. 
 
 1. By Archer, say the sum of $ , etc. 
 
 Bad Debts. 
 1. By Henry Wood the sum of $ , etc. 
 
 After the blanks in the pages of the Ledger which were written upon had 
 been ruled through, and each written page paraphed by the undersigned Notary 
 the Ledger has been numbered, etc. 
 
 NiDiiher seventeeh. Index to Ledger, etc. 
 
INVENTORY— DISSOLUTION OF COMMUNITY, WIDOW SURVIVINd. 
 
 8!) 
 
 Letter Book. 
 
 Nnmher ehjhUcii. A letter book of four luindred pages wliicli are mimberoil 
 consecutively, and contain the business letters of Mr. Andrews, every page being 
 filled •.vithout blanks, except the last one which was ruled through. 
 
 This book has been numbered, etc. 
 
 Bill Book. 
 
 Nuiiihci' nineteen. A small book covered in red morocco labelled Bill Bonh, 
 containing a statement for each month of the bills Mr. Andrews was to receive, 
 and of those he was to pay in connection with his business. 
 
 This book has eighty pages, of which sixty are written upon. 
 All the bills paid are marked " pdid" in the margin, those u.sed in trade 
 are marked " nef/otiated." 
 
 After all the blanks had beep ruled through, this book has been numbered, 
 paraphed and inventoried under the number nineteen (No. 19). 
 
 From the statement of this book it appears that there is owing to Mr. 
 Andrews the sum of $ , composed of the different bills entered above 
 
 under number twelve. 
 
 And that the following bills and bons are due by Mr. Andrews, to wit ; 
 To Arthur Pease, the sum of fifty dollars, payable the 
 To Albej t Cox, etc. 
 
 Here follow : 
 
 Bank Book, 
 
 Old Aooount Books, 
 
 I/jtters Missive received by Mr. Andrews. 
 
 Advances made to children subject to be broueht back, rappnrte. 
 
 Nnmher twenti/. Copy of a contract of marriage produced by Adolphus 
 Andrews, and executed between himself and Miss Helen Drake before G. F. 
 Cleveland, Notary, the , by which Mr. and Mrs. Andrews donated in 
 
 advance of inheritance in their succession, one-half by each, to the said Adolphus 
 Andrews, their son, the sum of five thousand dollars, stipulated payable one 
 half on the day of marriage, the celebration of which to be an equivalent to an 
 acquittance for that much, and the balance in two years from the date of marriage, 
 with legal interest. 
 
 The parties declare that said money was paid as agreed. 
 
 This piece has now been taken back by Adolphus Andrews, and in con- 
 sequence has not been numbered or paraphed, but it has l)een inventoried under 
 the number twenty. (No. 20.) 
 
 Contract of Marriage of Mrs. Chalmers. 
 
 Number twentii-nne. Copy of the contract of marriage between Mr. and 
 Mrs. Chalmers, passed before, etc., according to the terms of which Mr. and Mrs. 
 Andrews made a donation, one-half by each, in advance of inheritance in their 
 succession to the said Mrs. Chalmers, their daughter : 
 
 1. Of a trousseau, consisting of personal and house linen and furniture, 
 valued the lot at one thousand dollars $1,000 00 
 
 2. Four thousand dollars cash 4,000 00 
 
 Making in all five thousand dollars $5,000 00 
 
 
 ■He ,,. . . 
 
 \v 
 
 
 m '■: 
 
90 INVKNTOliY—DlSSOLirriON OF (!( KM M UNITY, WlimW JURVlVINd. 
 
 The wliolo Htii)iilate(l deUverable and payablo the day of marriage, which 
 occurrence would be equivalent to a release. 
 
 Thi.s piece haw been numbered, etc. 
 
 The parties declare the trouHseau and money given to Mrs. Chalmers were 
 delivered and paid to her the day of her marriage. 
 
 Nevertheless, Mr. and Mrs. Chalmers state that of the trousseau given to 
 Mrs. Cluilmers for four thousand dollars $4,000 00 
 
 There was not delivered : 
 
 1. Six table cloths, valued at forty dollars the lot $40 00 
 
 2. One inattruss, valued at twenty dollars 20 00 
 
 3. One wanlrobe with glass doors, valued at eighty 
 dollars 80 00 
 
 Valued altogether at one liundred and forty dollars 140 00 140 00 
 
 Which reduces the rapport to be made by Mrs. Chalmers to three 
 thousand eight hundred and sixty dollars S3,8G0 00 
 
 The remaining parties make all reserves against this declaration. 
 
 Niimher . One piece. 
 
 This piece is the copy of an inventory made upon the death of by 
 
 J. J. Gibb, Notary, at the request of Mr. and Mrs. ; Mrs. in 
 
 her capacity of sole heir-at-law of hev brother, Mr. 
 
 The valuation of movables was made by and amounted to % 
 
 NoTA. — " Mrs, (Uiclai'cs tliat the inovaljlcs wcro sold nt auction after due advertisement 
 
 liy . , and tiiat they realized the sum of 8 
 
 The papers and titles were inventoried under six numbers. 
 
 The first contains six pieces which are found undisturbed, and relate to the 
 purchase of an immovable by Mr. for % , and which is still in 
 
 the possession of Mrs. 
 
 (Continue (Ie.scription of titles.) 
 
 It was declared that there was due to the succession of Mr. various 
 
 sums amounting in all to $ 
 
 And that the succession was indebted in divers sums to the extent of $ 
 
 NoTA. — " >[rs. declares that the money comprised in the declarations active and passive 
 
 " have been received or paid. 
 
 " That in addition tlierc was paid to Mr. for the cost of inventory the sum of $ ." 
 
 DECLARATIONS. 
 General Declarations. 
 Mrs. Andrews declares : 
 
 1. That besides the successions and legacies received by her and mentioned 
 under the numbers , she received the succession of , her 
 aunt, deceased, the ; that said succession consisted of movables only, 
 which were sold at auction by , and that the net sum received by her 
 from the succession was $ , as stated in the release given to the said , 
 dated the 
 
 2. That she did not receive any other succession, nor were any other gifts 
 or legacies made to her. 
 
:!i 
 
 INVKNTORYDISSOlJJTloX OF (U)MMUNITY, \VII>oW SUltVlVlNi!. 
 
 01 
 
 3. That the Into Mr. Aiulrows did not iiiliorit any other HucciOHaionH, nor 
 woro any ^\ii^ or loj^acies made to hhn other tlian those mentioned in iminberH 
 
 4. That no other deeds of Hale or exchange were made during their mar- 
 riage tlian those indicated. 
 
 G. That during the year there was re])uilt on a farm which was the 
 
 ■propre of Mr. Andrews, a hirge wall that threatened to fall, and this gives rise 
 to a claim for indemnity in favor of the eonumniity, and upon the succession of 
 Mr. Andrews for the cost of reconstruction amounting to $ 
 
 6. That she has no knowledge of any other facts which would give rise to 
 claims for fvpr'mva or ii.deuuiity. 
 
 Declarations Active. 
 
 Mrs. Andrews declares that in addition to the assets resulting from the 
 pieces hereinbefore inventoried, there is due to the community which existed 
 between her late husband and herself: 
 
 1. By Jonas Midas, etc. 
 
 {Eiiituicnttc the iiswf.i, (/ioiiif/ (hi: /Konefi, surnames and residences of the debtors, 
 the Jhjares, the ori(/iu i>f the drhts, and the ainonnt of interest to the day of the 
 decease ; if the debts are divided into ijoml, doubtful and bud, yice the distinction, aa 
 in number secenteen), 
 
 DeclaratiouB Passive. 
 
 Mrs. Andrews declares that there are claims against the community which 
 existed between her and her said late husband : 
 
 1. By Elias Simpson, etc. 
 
 Etc., etc., etc. 
 
 That in addition there is claimed from the succession of Mr. Andrews the 
 funeral expenses, as follows : 
 
 1. By Tees & Co., etc. 
 
 In support of the declarations passive Mrs. Andrews has produced iifteen 
 pieces, chieHy memoranda and invoices ; these pieces at the request of the 
 parties have not been otherwise described, but they have been numbered, etc. 
 
 Protestations and Reserves. 
 
 The said William B. S. Reddy, Attorney of Adolphus Andrews, Mr. and 
 Mrs. Chalmers, and Norman Jones, Attorney of Ralph Jones, the sub-tutor of the 
 minors Andrews, declare that they make all reservations and protestations 
 against the declarations of Mrs. Duval in so far as they could be prejudicial to 
 the rights and interests of the heirs. 
 
 Olosingr. 
 
 Nothing more being found to comprehend or declare in the present inven- 
 tory the same is this day closed and terminated. 
 
 And the said Mrs. Andrews has oflfirmed, under oath administered by the 
 undersigned Notary, that she has web' and truly represented and caused to be 
 inventoried in the present inventory all to her knowledge depending, as well 
 on the community of property heretofore existing between her and her said late 
 husband i\s on the succession of the latter ; and that she has not had or 
 abstracted, or known to be had or abstracted by any person directly or indirectly, 
 anything belonging and appertaining to the said community and succession, the 
 whole under the penalties of law, which have been explained to her by the said 
 undersigned Notary, and which she declared to well understand. 
 
 n 
 
92 
 
 IN VKNT( m Y—SKA LS A FFIXHI) 
 
 At this moment intervened : 
 
 1. Marcus Jehu, ('oiichman, 
 
 2. Miss Luce Vivandiil^re, cook, 
 
 3. Miss Sarah Chauiherhiin, maid, 
 
 All in the service of Mrs. Andrews, who have each nuule oath that they had 
 not taken, hidden or set aside anyti»in<^ that slioidd form part of and hu com- 
 prised in the present inventory, nor seen nor known it to be done hy others, 
 and after due reading hereof to them they have signed and withdrawn. 
 
 (Signatures) 
 
 The furniture, movables, cash, title deeds and papers hereinl)efore inven- 
 toried have been, by consent of the parties, left in the possession of tlie said 
 Mrs. Andrews, who undertakes the charge thereof, and to account therefor 
 when and to whom it may appertain, and who also promised under the said oath 
 to represent, declare, and cause to be inventoried any other or further movables, 
 stock or eflects which may hereafter come to her knowledge as belonging and 
 appertaining to the .said connnunity of property or succession. 
 
 The present vacation has continued from eight o'clock in the morning until 
 five o'clock in the afternoon. 
 
 And after due reading, the parties under reservation as aforesaid have, 
 with and in the presence of Charles Cushing, the said Notary, signed these 
 presents, executed on the said under the number 
 
 (Signatures) 
 
 INVENTORY, C. C. P. 1279.— SEALS AFFIXED. 
 
 On this day, etc. 
 
 At the special instance and request of 
 
 1. James Moir, Dentist, residing at , 
 
 2. George Moir, Advocate, etc., 
 
 3. And Arthur Arcand, Artist, etc. 
 
 The said James Moir, George Moir and Arthur Arcand, qualified to call 
 themselves and to assume the capacity of sole heirs-at-law and legal represent- 
 atives of the late Max Moir, their brother, who died intestate at, etc., to wit: 
 
 The said James Moir and George Moir for one-half each in the one-half of 
 the estate of the deceased devolving on the paternal line, and in the two-thirds of 
 the other half of the said estate devolving on the maternal line, or in five- 
 sixths of the whole in their quality of brothers-german of the deceased, they 
 and he being issue of the marriage of Felix Moir with Dame Alexand. '"a 
 Mayrand, widow by her first marriage of Theodore Arcand. 
 
 And the said Arthur Arcand for the remaining one-third of the one-half, 
 being one-sixth of the whole devolving on the maternal line, in his quality of 
 uterine brother or half brother on the mother's side of the said late Max Moir 
 as being issue of the marriage of the said Alexandrina Mayrand with the said 
 Theodore Arcand. 
 
IN VKN T( m Y—SKA LS A FFIXHO. 
 
 98 
 
 I, CImrU's Ciishing, the imdorHigned Notary Piihlic lor tlu' I'roviiu'u of 
 Qiiol)cc, rcHiding in thu City of Montreal, for the prcHurvation of the rightH untl 
 intereHtH of tiie Haid partieH and others whom it may concern. 
 
 Did proceed, etc., {nei; prfcedliKj foriii.) 
 
 On the reprewentation tliat will he made as well hy the said James Moir as 
 by John M. M. Duff, of the said City of Montrer' Accountant, guardian of the 
 seals hereinafter referred to, who being warned oi' the oath they will be called 
 upon to take at the close hereof, have promised to exhibit, re[)reseut and declare 
 faithfully, and cause to be inventoried, all to their knowledge belonging to the 
 said estate and succession. 
 
 All said objects will be represented and inventoried and the valuation made 
 of such as are subject thereto, according as the seals affixed by order of the Hon- 
 orable Frederick W. Torrance, ojie of the Judges of the Superior Court for 
 Lower Canada in the District of Montreal, the , will be removed in 
 
 compliance with an order of the same Judge, granted the 
 
 The valuation of the movables subject thereto will be made by, etc. 
 
 And the said parties hereto with reserve, etc. 
 
 (Signatures) 
 
 Close of a Vacation. 
 
 The inventorizing of the objects above mentioned !ms been continued from 
 ten o'clock in the forenoon until five o'clock in the afternoon ; and this much 
 accomplished, the objects above inventoried, and those remaining to be inven- 
 toried are left in the care and possession of the said John M. M. Duf!', guardian 
 of the seals, who ticknowledges the trust, and undertakes it, and to make a 
 representation of said objects, when and to whom it may appertain. 
 
 And the continuation of the present inventory has been adjourned, with 
 the consent of the parties, to , then and there to be continued in their 
 
 presence or absence. 
 
 And the parties, etc. 
 
 (Signatures) 
 
 Opening of a New Vacation. 
 
 And on this day, etc. 
 
 In pursuance of the appointment made at the close of the preceding vacation, 
 I, Charles Cushing, the said Notary, at the request of the parties named in the 
 preamble of the present inventory, did proceed with the continuation thereof, 
 according and in so far as the seals affixed by order of the said Honorable F. W. 
 Torrance, were removed on his order by the said John M. M. Duff, after being 
 by him recognised as safe and entire. 
 
 ;■ f- 
 
 i 
 
 K. 
 
 Withdrawal of the Quardian of the Seals during the progress of the Inventory. 
 
 The said John M. M. Duff, guardian of the seals, has declared that he must 
 withdraw this evening from the office of guardian of the seals, having a previous 
 engagement which compels him so to do, and he has requested to be replaced 
 and released from further responsibility. 
 
 In consequence whei'eof, and with the consent of the parties, the said John 
 M. M. Duff having declared under 'h that he has faithfully represented and 
 caused to be included in the present ..nventory all to Ids knowledge depending 
 on the estate and succession of the fcaid late Max Moir, and that he hatl not hid- 
 
94 
 
 IN VENT( )R Y—SEA LS A FFIXKI). 
 
 den or withheld anything, directly or indirectly, or ween or known it to have 
 been done by others, has this day on petition been relieved from his oilice 
 by the Honorable Louis A. Jett«5, one of the Judges of the said Supericu' Court 
 for Lower Canada in the District of Monti'eal, and Thomas Darling of the said 
 City of Montreal, Accountant, appointed in his place as guardian of the seals 
 aforesaid, copy of said order releasing Mr. Dulfand appointing Mr. Darling being 
 annexed to the original of the present inventory. 
 
 (When there are a few articles of little importance in another part of the 
 City, the enumeration and valuation of which will only occupy part of a vacation, 
 it is declared as follows :) 
 
 The parties to the present inventory declare : 
 
 That the said late Mr. Moir occupied occasionally, and during the .sunnner 
 months, an office on Commissioners Street, No. , and that certain oili< e 
 
 furniture is stored there. 
 
 In consequence, and at the request of the said parties, the said Notary and 
 Appraisers and the said guardian of the seals did proceed thither with them, 
 and then and there did proceed with the inventorising of the effects found there, 
 as follows : 
 
 (Close of a vacation, containing an adjournment to proceed to a country 
 house.) 
 
 The inventorizing of the objects above enumerated has continued Ironi, etc. 
 
 And thus much accomplished, the articles inventoried as above and to be 
 inventoried are left in the guardianship of the said Mr. Darling, guardian of the 
 seals, who acknowledges the trust, and undertakes to account for and represent 
 the same when and to whom it may appertain. 
 
 And the continuation of the present inventory has been, by consent of the 
 parties, postponed to the , to be continued in the country residence of 
 
 the said late Mr. Moir, at Como, in the said Province, where there are sundry 
 articles of furniture, movables, farm stock, crops, etc., to be inventoried as 
 belonging to the said estate and succession. 
 
 And the parties, etc. 
 
 (Signatures) 
 
 Removal to the Country. 
 
 And on this day, the, etc. 
 
 In consequence of the appointment made at the close of the preceding vaca- 
 tion, I, Charles Cushing, the said Notary, did jiroceed to the country residence 
 at Como, of the said late Mr. Moir, at which phice I arrived at noon, and then 
 and there did continue the present inventory in the presence of the said parties 
 and with the assistivnce of , Ap])raisers, chosen by the parties in 
 
 view of the peculiar character of the oy)jectM to be inventoried, and who 
 promised, under oath administered by the undersigned Notary, to appraise the 
 said objects at their just and full value at the present time to the best of their 
 knowledge. 
 
 The objects to be inventoried will be represented and declared by the said 
 James Moir, by James Snnth, of Como aforesaid, Farmer, the party in possession 
 who also, under oath, pronused to represent all to his knowledge belonging to 
 
■*!.; 
 
 ry VKiWTon y—sea ls a ffixkii 
 
 or» 
 
 )5 
 
 said estate and succession, and tliat ho had not ahstracted or concealed anything 
 directly or indirectly, or known it to have been done, and by the said Thomas 
 Darling, guardian of the seals, as the said seals are successively removed in 
 virtue of the said order of court. 
 
 And the said parties, under all reservations and legal protestations, have 
 signed, with the said guardian of the seals and appraisers, and with and in the 
 presence of said Notary, after due reading of these presents, executed under the 
 number 
 
 (Signatures) 
 
 In the Yard. 
 
 98 — About one hundred loads of manure, valued the lot at twenty 
 
 dollars |20 00 
 
 •^9 — Five double windows, presently detached from the carriage house 
 
 and stable and to be replaced there are not valued 00 00 
 
 100 — 
 
 In the Gakden. 
 
 101 — Fifty young apple trees, recently uprooted and intended to be 
 
 sold, valued at twenty-five cents each 12 50 
 
 102 — A quantity of shrubs of various kinds, not described or valued in 
 
 consequence of their nature of immovables by designation. ... 00 00 
 
 In the Fields. 
 
 103 — The plowing, manuring and seeding of twenty acres of land in 
 
 fall wheat, valued altogether, including the wheat itself, at 
 
 104-. 
 
 If Crops have been cut. 
 
 105 — The crop of barley from the cutting previous to the decease of 
 the said Max Moir, of forty iicres on cadastral lot No. .... 
 
 ^^ 
 
 I 
 
 JU 
 
 Recapitulation of Appraisements. 
 
 Valuation of the vacation on the fourth day of 
 
 Valuation of the vacation on the 
 
 Cash on hand 
 
 Valuation of the plowing, manuring and seeding 
 
 Valuation of the crops cut and lying iii the fields 
 
 Total. 
 
 \1 
 
 V.J 
 
 The present vacation has been continued from twelve o'clock at noon until 
 five o'clock in the afternoon. 
 
 And there being no other furniture, movables, farm stock, implements, 
 grain or other things found in and about the said country residence of Mr. Moir, 
 and the said James Smith having declared, under oath administered by the 
 undersigned Notary, that he had comprehended in the present inventory every- 
 thing to his knowledge depi'iiding on the estate and succession of the said late 
 
96 
 
 INVENTORY— PETITION FOR BENEFIT OF. 
 
 Max Moir, and that he had not taken or concealed anything directly or indirectly, 
 the whole under the penalties of law, which were explained to him by the said 
 Notary, and whicd he declared to well understand, and the said appraisers 
 having been also duly sworn, the pi'esent inventory has been thus far closed. 
 
 The wliole of the effects inventoried at the said country rc?idence are left 
 in the possession and care of the said James Smith, who has undertaken the 
 charge thereof, and to represent the same when and to whom it may appertain. 
 
 And the continuation of the present inventory is by consent of the parties 
 thereto postponed until the tenth day of , on Avhich day at the hour 
 
 of , the said parties agree to meet at the residence of the said late 
 
 Mr. Moir without further notice ; consenting that the said inventory shall then 
 and there be proceeded with in their presence or absence. 
 
 And after due reading, etc. 
 
 (Signatures) 
 
 Continue and close the inventory as in the preceding form, merely stating 
 that the guardian of the seals also signed, if it is thought best he should do so, 
 but as he is required to make and return a proces-verbal of his proceedings to 
 the Court his signature to the inventory is not imperative. 
 
 PETITION FOR BENEFIT OF INVF.NTORY, C. C. P. 1321 et seq. 
 
 Province of Quebec, 
 District of 
 
 To the Honorable the Judges of the Superior Court for the District of , 
 
 etc., etc. 
 
 The Petition of A. D., (residence and occupcdion,) 
 
 Respectfully represents : 
 
 That your Petitioner is the son, of the age of majority, issue of the marriage 
 of the late C. D., in his lifetime of {residence and occupation) with Dame G. H., 
 his wife. 
 
 That the said late C. D. departed this life the , as it appears by 
 
 the certificate of burial, produced herewith, intestate. 
 
 That your Petitioner has not yet entered into possession of the estate of 
 the said late C. D., nor acted as heir, nor does he wish to do so in the meantime, 
 believing it to be to his interest not to confound his rights with the obligations 
 of the succession. 
 
 That an inventory is about to be made according to law, of the property of 
 the said succession of the said late CD. 
 
 Wherefore your Petitioner prays that he may be permitted to assume the 
 quality of beneficiary heir of the said late C. D., and to give public notice thereof 
 at least twice in a newspaper published in the English language, to wit, the 
 Montreal " Witness," and in a newspaper published in the French language, to 
 wit, " La Patrie ;" 
 
I 
 
 INVENTORY— PETITION FOR TlIK AFFIX I NO OF SFALH. 
 
 97 
 
 That the inventory of the propert}' of the Haid Hnccession may be proceeded 
 with according to hiw, and tliat the rii^hts of your Petitioner may not be 
 confonnded with the obligations of the said snccewsion. 
 And you will do justice. 
 Dated at , the 
 
 Z. X., Notary Public, 
 
 for the Pt^titioner. 
 
 •.M 
 
 ADVERTISEMENT BY HEIR UNDER BENEFIT OF INVENTORY, 
 
 C. C. P. 1322. 
 
 Public Notice is hereby given that on the day of , the 
 
 undersigned A. B., {residence and o'^uquilion) was I)y judgment of the Honor- 
 able , one of the Justices of the Superior Court for the District 
 of , authorized to accept, and has accepted the quality of beneficiary 
 heir of the succession of the late C. D., his father, in his lifetime of {re-sidemc 
 and ocntpafioii. ) 
 
 All persons, whether creditors or debtors of the said late C. D. are notified 
 and recpiired to govern themselves accordingly. 
 
 Dated at 
 
 the 
 
 A. B., Beneficiary Heir. 
 
 PETITION FOR THE AFiiTXlNG OF SEALS, C. C. P. 1279, ef seq. 
 
 Province of Quebec, ) 
 District of $ 
 
 To the Honorable the Judges of the Superior Court for the District of , 
 
 etc., etc. 
 
 The Petition of A. B., {orcninitlon and residence,) 
 
 Respectfully represents : 
 
 That by the Last Will and Testament of the late C. D., in his lifetime 
 {nceupation and resilience) bearing date and received before M. N. aiul his col- 
 league. Notaries Public, tiie , your Petitioner was named executor 
 thereof and administrator of the property left l)y the said C. I). 
 
 That in view of the death of the said C. D., and inasmuch as there is reason 
 to fear the misplacing of the movables belonging to the succession of tiie 
 deceased which are in the house occupied by him at the time of his death, and 
 now in the posses.sion of E. F., {ix'cnpafion (tnd residence,) your Petitioner has a 
 right to demand the affixing of seals on the movable eft'ects and titles of the 
 succession, as well as on those belonging to the comnuinity '>f property that 
 existed between the said late C. D. and his wife, Dame P. ', . im surviving, 
 and that if it seem right to your Honors that Z. X., of Jotary Public, 
 
 be entrusted and appointed to affix tiie seals and to act as Cum.. ..isioner. 
 
98 
 
 INVKNTORY—rROCES-VKRnAL oF AFFIXINd OF SEALS. 
 
 Wherefore your Petitioner ays that he may l)e permitted to cause seals to 
 be aflixod on the said proper ud that if it seems right to your Honors that 
 the said Z. X. be entrusted appointed to alHx said seals, and to act as said 
 
 Commissioner. 
 
 And you will do justice. 
 Dated at , the 
 
 Z. X., Notnry Public, 
 
 for the Petitioner. 
 
 Permisf' 
 Ccmunissionei 
 Given at 
 
 ORDER OF THE JUDGE. 
 > afTix .seals is granted, and Z. X., Notary Public, is appointed 
 
 day of 
 
 (Judge) 
 
 lie purpose. 
 , this 
 
 PROCES-VERBAL OF AFFIXING OP SEALS, C. C. P. 12S2, if .^rq. 
 
 On thi.s day, the , at o'clock in the noon, 
 
 Befoke Z. X., the undersigned Notary Pul)lic for the Province of Quebec, 
 residing at , and the connnissioner of seals named for the purposes 
 
 hereof by the order hereafter mentioned. 
 
 Appeared A. B., {ofcupntiou mul rcNideiin) making election of domicile at 
 his residence in , in his quality of testamentary executor of the late 
 
 C. D., in his lifetime (occiipaHoit and rcsidoire,) as it appears by the Last Will 
 and Testament of the deceased, received before the undersigned and his col- 
 league. Notaries Public, the , aiul also in his quality of administrator 
 of the movable and immovable property left by the saici l;>te C. D. at the time 
 of his death. 
 
 Wlio declared that the said late C. D. departed this life at , on 
 
 the day of , and that for surety of the preservation of tlu> 
 
 property, effects and papers of his succession, iind of that of the community which 
 existed between him and P. Q., his wife, he obtained an order of tiie Honorable 
 , one of the Judges of the Superior Court for the District of , 
 
 on the day of , authorizing him through the instrumentality of 
 
 the said undersigned Notary, commissioner named by tlie said order for the 
 purpose, to cause seals to be affixed upon the movables, effects, titles and papers 
 depending on the said succession and community ; the said order at the foot of 
 the petition to the said Honorable Judge being produced is annexed hereto ; 
 
 In consequence whereof the said A. B., in his said several qualities, has 
 requested me, the said Notary, to proceed forthwith to the residence, at , 
 
 where the said late C. D. died, for the purpose of then and there affixing seals 
 on the said movables. 
 
 Whereof Arte, 
 
 Done and passed at , and the said A. B. has signed with and in 
 
 the presence of the said Notar\f, and commissit)ner after due reading of these 
 presents executed in original form en hrei-P,t. 
 
 A. B. 
 
 Z. X., N.P.. 
 
 Commissioner of Seals. 
 
INVKNTintY I'llOUEii-VKltliAL OF AFFIX ISd oF SKA Lis. 
 
 99 
 
 Wlioreupoii T, the Commissioner named in the afores<aid order, in compliance 
 Avitli said re((iiest, did rortiiwith proceed to the above-mentioned residence of 
 tlie deceased, accompanied hy the said Petitioner, with M. G. and L. F. 
 {occupationfi and rrnithntcc), both summoned as witnesses, where being we foiuid 
 the doors of said residence closed and locked, and after having rapped at the 
 dooi's several times, and required in a loud voice that they be opened, we 
 certified and placed on record that admission to the said residence was refused 
 to us, and we withdrew to lay the matter before the Judge, having first placed 
 a watch o'..tside to prevent the removal of any of the property of the said 
 succession. 
 
 Whereof Acte at the , and the said A. B. has signed 
 
 with the said witnesses and commissioner in testimony of the premises. 
 
 (Signatures) 
 
 Wherefore I, the said commissioner, did immediately proceed and lay before 
 the said Honorable Judge the circumstances of the case, and the nature of the 
 obstacle, and did petition for a ruling in the case, and that I be authorized to 
 engage a locksmith and necessary assistance to force an entrance into the said 
 house where the said C. D. died. 
 
 Whereof Acte at 
 
 (Signature) 
 
 Whereupon the following Order was issued : 
 
 Having had due communication of our Order of the , the acts and 
 
 the proces-verhitl of the commissioner of seals, and heard the said commissioner of 
 seals on his application, he is hereby authorized to obtain the assistance of a 
 locksmith and the necessary aid to enter and penetrate into the residence where 
 the said late C. D. died, for the purpose of affixing seals as ordered. 
 
 Given at 
 
 etc. 
 
 (Signature of Judge) 
 
 And thereupon I, the said commissioner, in compliance with the said Order 
 again proceeded with the said M. G. and L. F., the v/itnesses, and the said A. 
 B., Petitioner, and accompanied by a locksmith; and after again knocking at 
 the doors of said house, and demanding that they be opened, declaring at the 
 same time my authority and the (pialities in which 1 acted, I proceeded with the 
 aid of the locksmith to break open the front door, and entering the house met 
 S. T., {oven pat ti)ii and rcKidcncc) tutor of the minor children issue of the marriage 
 of the said late C D. with the said P. Q., his wife, each of said minors entitled 
 to share as leg .cee to the extent of a sixtli in the usufruct only of the estate and 
 succession ('•" the said late (J. I)., as api)ears by his said Last Will and Testa- 
 ment ; and to the said S. T. I explained the cause of my coming, and called 
 upon him to indicate the apartments containing the efl'ects of the succession of 
 the said late C. D., and also such apartments as contained property belonging to 
 the community which existed between the said late C. D. and Dame P. Q., his 
 wife. 
 
 And the said S. T. at lirst refused a"y information whatever, declaring that 
 he did not wish to hear me. or point out anything, and that he was opposed to 
 the affixing of seals, but finally s'lbmitted in deference to the last mentioned 
 order, but under reserve of all hi^ rights of recourse, protest and action, and 
 indicated the ellects and i)a[)ers of the said succession and community in the 
 
 •']:... 
 
 . '■ '4 
 
 M 
 
 t 
 
■juv^yii»<fui"ip. 
 
 100 
 
 INVKNTimY PnoVKSVKUliAL i>F AFFIX [N(i OF SFALS. 
 
 sjiid house, and thou iu such other pliiees us eft'ects were lound re(|uiring the 
 allixiu^ of seals. 
 
 Whereof Acfc, 
 
 And the said S. T., t'« (iiudite, has signed, with the said A. IJ., the witnesses 
 and the Conunissioner, at tlie day of 
 
 (Signatures) 
 
 Accordingly I, the said commissioner of seals, entered into the lower hall 
 of said residence, and no movables being found thei'e on which to allix seals, 
 the said S. T. handed me two keys, which he said belonged to, aiul which 1 
 subsequently found to fit, the one a wardrobe and the other a bureau hereinafter 
 described, and I proceeded to affix seals as follows : 
 
 (As the C'ode does not require any particular seal, the Commissioner may 
 make use of his Notarial Seal, or any seal that will serve the purpose of 
 identification.) 
 
 1. I affixed seals with my signet thereon upon the ends of a band of tape 
 (or paper) drawn over the keyhole of a black walnut wardrobe, four feet wide 
 and six feet in height. 
 
 2. In the writing desk of the said late C. D., I found a paper writing, 
 purporting to be his Last Will and Testament, written iu holograph form, iind 
 lying in an open enveh)pe, which I forthwith proceeded to seal and stamp with 
 my signet, to be deposited with the present proces-verbal, with the said 
 Prothonotary of the Superior Court, at , (C. C. P., 1284) for proof by 
 the parties interested. 
 
 3. Etc., etc., etc. 
 
 4. I was then conducted by the said S. T. up-stairs to the front bedroom, 
 and was about to aflix seals on a cupboard, when the said S. T. desired to remove 
 a few things therefrom for the use of the inmates of the house until the removal 
 of the seals, namely, {(jive description of tlie articles) he, the said S. T., under- 
 taking to account therefor, and he has signed in testimony thereof. 
 
 (Signed) S. T. 
 
 5. In the said room 1 found the following articles (when a number of 
 articles are found lying about, after the various wardrobes, &c.,liave been sealed, 
 a summary only of them should be written, unless there is reason to fear tliat 
 they may be exchanged for similar articles of less value when, if not in daily 
 use, it is well sometimes to place seals upon them. ) 
 
 (Having completed the affixing of seals, going from place to place in the 
 same way as in making a formal inventory, the proces-verbal is concluded as 
 follows :) 
 
 And there being no other effects to which to affix seals in and about the 
 residence of the said late C. D., and the said S. T. having made oath that 
 he had not taken, hidden nor made away with any of the pi'operty of the 
 said succession or connuunity, nor allowed anything to be taken or abstracted 
 directly or indirectly, he has voluntarily accepted the custody and charge of the 
 said seals and of all the said eft'ects, and promised to account for and produce the 
 same when and to whom it may appertain a qui de droit. 
 
 And the said S. T. has signed with the said commissioner and witnesses 
 
 at 
 
 the 
 
 day of 
 
 (Signatures) 
 
lyvKyrony-j'KTiTKiy for the i{KMi)\M. or siials. 
 
 Kil 
 
 ORDER RESTRICTING THE AFFIXING OF SEALS, C. C. P. 1280, 1287. 
 
 Having cxiuiiined our Order of the , the proceedings and i)n)ce.s- 
 
 verbal of the connnissioner of seals annexed thereto, and lieiird the said eonnnis- 
 sioner on the reference made, the said couunissioner is ordered to restrict the 
 ailixing of seals to the goods, eilects, titles and papers that the said S. T. t'« 
 qmtlith shall indicate under oath to him. 
 
 Given at , the , etc. 
 
 (Signature of Judge) 
 
 ORDER COUNTERMANDING THE AFFIXING OF SEALS ON AN 
 OPPOSITION, C. C. P. 128G, 1287. 
 
 Having examined our Order of the , the proceedings and proces- 
 
 verbal of the commissioner of seals annexed thereto, and heard the said couuuis- 
 sioner on the reference made, it is ordered that the said S. T., the tutor 
 mentioned in the n-oc^s-verbal do appear before us in our Court House at , 
 
 the , ; t o'clock in the noon to give the reasons for liis opposi- 
 
 tion to our said Order and to learn our decision thereon. And let the present 
 Order be signified upon the said S. T. at the diligence of the said A. B., 
 testamentary executor of the late C. D. 
 
 Given at , the , etc. 
 
 PETITION FOR THE REMOVAL OF SEALS, C. C. P. 1292. 
 
 Province of Quebec, 
 District of 
 
 :| 
 
 To the Honorable the Judges of the Superior Court for the District of , 
 
 etc., etc. 
 
 The Petition of A. B., {occupation and residence,) 
 
 Respectfully represents : 
 
 That in his capacity of testamentary executor and aduiinistrator of the 
 property left by the late C. D., in his lifetime {residence and aifiijitifion) he was 
 authorized by an Order of the Honorable , one of the Judges of the 
 
 said Superior Court, dated the , to cause seals to be affixed by Z. X., 
 
 Notai'y Public, of , commissioner appointed lor the purpose on the 
 
 effects, movables, titles and papers of the succession of the said late C. I)., and 
 on those of the connnunity of property which existed between him and his wife. 
 Dame P. Q. 
 
 That in virtue of the said Order, the said commissioner, Z. X., proceeded to 
 affix seals as set forth in the proces-verbal prepjired by him, dated the , 
 
 and deposited by him in the office of the Prothonotary of the said Superior 
 Court at 
 
 That your Petitioner, in his said capacity, desires to proceed with the 
 inventory of the property of the said succession according to law. 
 
 
102 
 
 INVKNIOIIY' I'ltOCksVKnnAI. ()/'• RKMOVAI. i>h SllAI.H. 
 
 VVliort'lbru, your Petitioner prays that the said CoimiiisHioner, Z. X., ho 
 required to produce before Your Ilonors, within such dehiy as you may grant, 
 the documents, papers and orders, in virtue of whicii the seals were alHxed, as 
 well as every proc6s-verbal, and the proceedings connected therewith. 
 
 And that it be declared and adjudged that a removal and imtln levee, pure 
 and simple (or with specilicatiou), be made of the said seals, and that the said 
 connuissioner be required on the lirst demand to recognise said order and remove 
 the seals, otherwise that due authority be given to the bailiff provided with the 
 order to intervene and break the said seals, and prepare a proces-verbal of such 
 action ; 
 
 And that R. K., Notary Public for the Province of Quebec, residing 
 at , be empowered by virtue of the said proces-verbal to proceed with 
 
 the inventory of the property of the taid succession and connnunity. 
 
 And you will do justice. 
 
 Dated at Montreal, this 
 
 B. D., Notary 
 
 for Petitioner. 
 
 ORDER IN CONNECTION WITH THE FOREGOING PETITION. 
 
 Considering the foi'egoing petition, S. T. and P. Q., named in the proces- 
 verbal of affixing of seals referred to in the said petition, and Z. X., the 
 Commissioner, are hereby ordered to appear before me, or any other Judge of 
 the Superior Court for the District of , in Chambers in the Court House, 
 
 at , the , to reply to the said petition, and shew cause why 
 
 the conclusions thereof should not be granted. 
 
 Given at 
 
 , etc., 
 
 (Judge) 
 
 PROCES-VERBAL OF THE REMOVAL OF SEALS, C. C. P, 130:2. 
 
 On this day, the, etc. 
 
 Before Z. X., the undersigned Notary Public for the Province of Quebec, 
 residing at , and the commissioner for the removal of seals named for 
 
 the purpose by the order hereinafter referred to. 
 
 Appeared A. B., {reHideitre and occupation) in his capacity of testamentary 
 executor of the late C D., in his lifetime {residetne and oc(ii/>allo)i) as it appears 
 by the Last Will and Testament of the said h'+e C. D., received before and 
 
 his colleague, Notaries Public, the and also in his capacity of admin- 
 
 istrator of the movable and immovable property left by the said late C D. at 
 the day of his death. 
 
 Who declared to rae, said Notary, that the said late C. D. departed this life 
 at , the , and that, for surety of the preservation of the 
 
 goods, effects, titles and papers of the succession of the deceased, and of the 
 community of property that existed between him and Dame P. Q., his wife, him 
 surviving, he obtained on the an order of the Honorable , one 
 
 of the Judges of the Superior Court for the District of , permitting 
 
 him to have seals affixed by the undersigned Notary Public, commissioner 
 
ISVKSToin'—PnoaksVhnn.AL of ItEMnVAI. of skm.s. 
 
 Km 
 
 iiiiinoil l)y tlio Hiiid onlor, on the niovablo.s aiul eflects, titlo.s iiiid papers dopond- 
 ing upon the said siiccossion and conununity, tlie said order beinj^ written at the 
 foot of the petition therefor presented to the .said Judge ; which order was duly 
 executed by me, and a j>rorcW«7«f? of the said affixing of Heals was made and 
 completed, and signed by the parties, witnesses and commihsioner, and duly 
 deposited in the olHce of the Prothonotary of the said Superior Court, to form 
 part of its archives, a duly certified copy whereof is annexed hereto. 
 
 That, on the , he obtained an order from the Honorable , 
 
 one of the Judges of the Superior Court for the District of , authorising 
 
 him to cause the removal of the seals affixed in virtue of the previous order by 
 me, the undersigned Notary, commissioner appointed to remove the said seals, 
 which said order, written at the foot of the petition presented to the Honorable 
 Judge as aforesaid, has been produced and remains annexed to these presents. 
 
 And he, the said A. B., in his said capacity of testamentary executor and 
 administrator of the property of the said succession and conununity, has accord- 
 ingly recj' ired me to call for the assistance in the removal of the said seals of 
 S. T. (^residence and occupation) in his pretended quality of tutor to the minor 
 children issue of the marriage of the said late A. B. with tl ) said Dame P. Q., 
 his wife, iind of the said Dame P. Q., to which I have complied, as appears by 
 the notification annexed hereto ; the said removal of seals to take place this 
 day and tbrthwith in the house situate at 
 died. 
 
 And the said A. B. has signed these presents at 
 with me, the said commissioner. 
 
 where the said late C. D. 
 , the 
 
 A. B. 
 
 Z. X., Commissioner. 
 
 Wherefore I, the said conunissioner, appointed by the last mentioned order, 
 in compliance with the said request and order, did proceed at once, acconqwinied 
 by M. G. and L. F. (riHulcDvcx avd occupatmiH) witnesses called for the purpose 
 to the said late residence of the said C. D., where, on arrival, I encountered the 
 said A. B., S. T., and P. Q., to whom I explained the object of my visit, and 
 whom I invited to assist in the removal, and in the recognition of the seals 
 placed on the goods, property and eflects, titles and pai)ers composing the said 
 succession and conununity, and who declared that they acquiesced in the order 
 last aforesaid, and requested me to remove the said seals wherever and upon 
 whatever they had been affixed. 
 
 And the said A. B., S. T. and P. Q. have signed with the .said witnesses 
 and me, said conunissioner, at , the 
 
 (Signatures) 
 
 And having made due note of said request by Act as aforesaid, I entered a 
 hall in the lower part of the house in which Avere found certain sealed objects, 
 as follows, to wit : 
 
 1. Across the two doors of a black walnut wardrobe a band of paper crossing 
 the opening between the doors, on the extremities of which band of paper the 
 commissioner had attached seals stcamped with the .seal of his office, and which 
 were found intact (or injured or broken, as the case may be.) 
 
 (Continue following the order of i\\e itroves-verhal of the affixing of .seals.) 
 
 itii 
 
104 
 
 INVKNTOltY PRoCkSiVKniiAL OF SALK <>/■' MoVAHLHS. 
 
 All ol' which Hiiid himiIh wore removed and dewtroyed in proHence of the Hiiid 
 A. H., S. T. and P. Q., and the witnesHOH, and I, tin; Haid ooinnuHsioner, lianded 
 over to , the Notary appointed to make the inventory of the Haid 
 
 HnccesHion and commnnity a certified copy of the present itroceA-rvrhal U. ^erve 
 and avail aH of right. 
 
 And the said parties have signed with the said commissioner and witnesses 
 at . the , after due reading hereof. 
 
 (Signatures) 
 
 PllOCES-VERBAL OF SALE OF MOVABLES OF A SUCCESSION, 
 
 C. C. P., 1317. 
 
 On this pay, the , at o'clock in the noon, 
 
 At the request and instance of A. B. {residence undocciiixi/lo)!) in his capacity 
 of beneficiary heir of the succession of the late C. D., his father, in his lifetime 
 {rcsltloice and oecupatinn) duly qualified to assume such capacity by judgment of 
 the Honorable , one of the Justices of the Superior Court, for the 
 
 District of , rendered the , and having complied in all 
 
 respects with the conditions of said judgment and the requirements of the law 
 in such case made and provided, 
 
 I, M. N., the undersigned Notary Public for the Province of Quebec, 
 residing in , will proceed to the sale by public auction of all the 
 
 furniture and movable effects depending and holding upon the succession of the 
 said late C. D,, and set forth in the inventory thereof, prepared the , 
 
 by the undersigned Notary ; to be sold and adjudged for cash to the highest and 
 last bidder, and delivered on payment of the adjudication price, due notice of 
 said auction having been given according to law. 
 
 The representation of the articles to be sold will be made on the spot by 
 the said A. B., and P. Q., {residenre and occnpation) his assistant, under the oa*h 
 administered to them again to the same effect as at the taking of the said 
 inventory. 
 
 The announcement and adjudication of the objects or articles put up for 
 sale will be made by Z. X., (residenre and orniqndion) crier chosen by the said 
 Petitioner, who has been duly sworn on the Holy J]vangelists by the said 
 undersigned Notary, to perform his duties impartially and faithfidly to the best 
 of his knowledge and ability subject to the conditions of sale aforesaid, which he 
 previously repeated in a loud voice, and will repeat at the opening of each 
 vacation ; the whole bidding to be in dollars and cents. 
 
 Whereof Acfc. 
 
 Done and passed at , under the number , and signed by the 
 
 said Petitioner, his assistant, and the crier, with and in presence of the said 
 Notary, after due reading hereof 
 
 (Signatures) 
 
INVKNTnnY-PnoG/Sfi-VEniiAL NitT SUFFICIENT ASSHTS To nAtUtAXT. Ml,", 
 
 In TiiK Paklok. 
 
 1 — A marble top Muck walimt cuiitre table, called and adjiidf^ed to John 
 
 Smith for ten dcdlarw |H) 00 
 
 2 — Abont twenty-live yards UniHsels, called and adjudged to James 
 
 Brown for fifty cents a yard 12 50 
 
 3 — Etc., etc., etc., following the inventory 
 
 Adjournments and new vacations as in inventory. 
 
 
 ADVERTISEMENT OF AUCTION, C. C. P. 1315. 
 
 Public Notice is hereby given that on , the , at o'clock 
 
 in the noon at the late residence of C. D., {rtmilence mid orrupntion) deceased, 
 I, A. B., the undersigned Notary Public for the Province of Quebec, residing 
 at , will put up for sale, and sell accoi'ding to the inventory thereof, 
 
 all the furniture and movable eftects composing the succession of the said late C. 
 D., in the presence or absence of the parties interested, who have been duly 
 notified, on the conditions then and there to be made known. 
 
 Dated at 
 
 the 
 
 By order. 
 
 A. B., Notary Public. 
 
 
 PROCES-VERBAL WHEN THERE ARE NOT SUFFICIENT ASSETS TO 
 WARRANT THE TAKING OF AN INVENTORY, C. C. 1343. 
 
 On this day, the , etc., 
 
 Before A. B., the undersigned Notary Public for the Province of Quebec, 
 residing at 
 
 Personally came and appeared Dame C. D. of , widow of the late 
 
 G. H., {remhmre and ovcupation), who declared that her husband, the said late 
 G. H., with whom she was common as to property, departed this life on 
 the 
 
 That no inventory has been made of the property and effects of the com- 
 munity, inasmuch as the said property and effects were so few and of such 
 trifling value that they were not worth inventorisiug, and besides they were 
 wholly swallowed up by the rent of the premises and the expenses attending 
 the last illness of the said late G. H., and his burial. 
 
 The present declaration has been thus made and affirmed under oath 
 administered by the said Notary on the Holy Evangelists to the said Appearer, 
 and in order that the said declaration may in effect be equivalent to an inven- 
 tory in case of need. 
 
 Whereof Ade. 
 
 Done and passed at , under No. , and signed by the said 
 
 Appearer with and in the presence of the said Notary, after due reading hereof. 
 
 (Signatures) 
 
 ^H. 
 
106 
 
 IN VHNTOU Y-'HKVOLUMKNT Olt HUi'l'LKMUNT. 
 
 INVKNTORY, RECOLEMENT OR SUPPLEMENT. 
 
 And on this day, etc., 
 
 Rkkouk Z. X., etc. 
 
 Appoiireil A. IJ., (irsltlciiri' ami ocriiiuifioii) in luH capacity of tutor, duly 
 appointed to the minor children iHsue of the marriage of tlie hite F. S. an*i 
 Dame T. K., niiuu'd and (K'nif^nated in the annexed inventory, made at the 
 recjueHt of the Haid A. IJ., in hi.s said eapaeity, of the intestate snceessions of the 
 miid late F. S. and T. R., and passed hefore the said Z. X , Notary Public, 
 the 
 
 Who, in presence of ^^ I)., of the sub-tutor duly appointed to Huid 
 
 minors, declared that since tli'! dosing of the said inventory there has been 
 found and brought to his knowl 'dge the Last Will and Testament of the said 
 late F. S., of the existence of wh'ch he was unaware, and which bears date and 
 waa received before P. Q., and his colleague M. N., Notaries Public, the 
 By his Will the said F. S. gave ai d be((ueathed the whole of his movable and 
 inunovable property to his children named in tlie said inventory, or to their 
 lawful issue, thereby in eflect distributing his property in the same way as 
 though the said F. S. had died intestate. 
 
 And the said F. k^. fiu'ther declared that since the closing of said inventory, 
 certain assets that should have been included therein have come to his know- 
 ledge, and he now desires to have them added thereto by means of the present 
 supplementary Act. 
 
 To the inventorising whereof I, the said Notary, at the request of the said 
 F. S., and in presence of the said T. R., in their respective capacities, have 
 proceeded with as follows: — 
 
 (Here enter the ohje<ts.) 
 
 And the said r . S. having declared, under oath adminstered to him by the 
 said undersigned Notary, that he had included in /the said inventory, and in 
 this supplement thereto all, to his knowledge, belonging to the said estates and 
 successions, etc. 
 
 (CMose in the usual way, and annex to the inventory.) 
 
jrihiMKNT, MF.MoniM. nF 
 
 107 
 
 Joint HnU «evt;ral Ohliijutlnnj huo (Jhllijutiun, 
 
 JIIIHJMKNT DKIJT, DISCIIAUOE OF. 
 
 , Tnulor, Htylud Kuniu'i- in 
 
 On this oav, etc., 
 Hkkoue mk, etc. 
 
 Pensoiiiilly ciimo and iij)|)0!ire(l A., of 
 till! jiiilj^iiu'iit lioroiiinltt'i- iiuMitioiuMl. 
 
 Who ackiiovvlutljfod ami conlt'sscd to have had and received to hiH lull and 
 entire watiHlactioM, of and from B., of , Advocate, in his ({nality of 
 
 Curator (hdy uijpointed to C, of , an interdict. 
 
 The sum of si\ hinidred (h)Har.s currency, heinj; the amount of a certain 
 judgment had and ol)tained in Her MajcHty's Superior Court for Lower (janaihi, 
 ill the District of Montreal, in that certain cause or suit hearinj; among the 
 records of tlie said Court the nuiid)er ninety-live (95), rendered the tenth day 
 of June last, wherein the said A. was I'laintid", and the said \\. in his said 
 capacity, was Defendant, as on reference to the said judgment will more fully 
 and at length a|)|)('ar. 
 
 And thereof and therefrom and of and from the said sum of six hundred 
 dollars, and all interest due and accrued thereon up to the date hereof, and of 
 and from all claims and demands of every nature and kind whatsoever, arising 
 from and growing out of the said judgment, he the said A. doth hold ([uit, 
 relea.se and discharge the said B., in his said capacity, his successors and assigns 
 for ever. 
 
 And to these presents intervened C, of , Advocate, who horehy 
 
 sicknowledges to have received the sum of forty dollars in full of his costs 
 incurred in tlie said suit. 
 
 In testimony whereof the said Appearers have signed, etc. 
 
 it 
 
 'K 
 
 JUDGMENT, MEMORIAL OF, C. C, 2121, 2139. 
 
 A memorial to be registered of a judgment in Her Majesty's Superior 
 Court of Lower Canada, in the District of , at , in the 
 
 year of our Lord, 1880, between A. B., of , etc.. Plaintiff, and C. D., 
 
 of , etc., Defendant, for five hundred dollars, with interest from 
 
 , and costs taxed at dollars; which said judgment was 
 
 rendered on the day of the said month of , and is hereby 
 
 required to be registered (by the said A. B. ) 
 
 As witness his hand, this second day of May, one thousand eight hundred 
 and eighty-six. 
 
 A. B. 
 Signed in the presence of 
 J. F. 
 T. P. 
 
108 
 
 JUDICIAL PROCURATOR, PETITION FOR. 
 
 JUDICIAL ADVISER, VOLUNTARY PETITION FOR, CO., 350. 
 
 Province cf Quebec, } 
 District oi . ^ 
 
 To the Honorable the Justices of Her Majesty's Superior Court for Lower Canada 
 in the District of , or to any one of them : 
 
 Tlie petition of A. B. {residence and occupation), 
 
 Humbly represents : 
 
 That your petitioner has contracted an appetite for intoxicating liquors, and 
 from time to time is overcome thereby, and when under the intluence of liquor, 
 dissipates his property and injures his family. 
 
 That your petitioner fears tliat he may unwittingly ruin himself and his 
 family while under the above-named baneful intluence. 
 
 Wherefore, your petitioner prays that your Honors, or one of your Honors, 
 may be pleased to appoint a Judicial Adviser to aid your petiticiier in the 
 management and administration of his property, and begs leave to suggest that 
 his wife, Dame C. D., be so named and appointed. 
 
 Montreal, May, 1886. A. B. 
 
 Judicial Parfage, see Partaye. 
 
 JUDICIAL PROCURATOR, PETITION FOR, 41 Vic, cap. 11, Que. 
 
 Province of Quebec, > 
 District of Montreal. \ 
 To the Honorable the Justices of Her Majesty's Superior Court for Lower 
 Canada, in the District of Montreal, or to the Prothonotary of said Court : 
 
 The Petition of Dame A. B., of , widow of the late C. D., deceased, 
 
 in his lifetime {residence and occupation), 
 
 Respectfull}' represents : 
 
 Tliat your petitioner's late husband, the said C. D., with whom she was 
 common as to property, commune en hiens, departed this life, at , on or 
 
 about the , intestate, and without issue. 
 
 That it is incumbent upon your Petitioner to cause an inventory of the 
 property of the said conununity to be made. 
 
 Ihat certain of the heirs of the said late C. D., to wit, K. D. and S. D., his 
 brothers, are absent from and reside outside of the said Province of Quebec, the 
 said K. D. residing at , and t'.ie said S. D. residing at 
 
 That it is desirable and necessary that a Procurator be appointed to the said 
 jibsentees to represent them at the taking of the said inventory, as provided by 
 41 Victoria, chapter 11, of tiie Statutes of the Province of Quebec. 
 
 Wheretbre your Petitioner prays that your Honors, or the P''othonotary, 
 may be pleased to appoint a Judicial Procurator to represent the said absentees 
 at the making of the said inventory of the community of property heretofore 
 existing between the said late C. D. and your said Petitioner. 
 
 And your said Petitioner would suggest as such Judicial Procurator the 
 person of 
 
 Montreal, May, A. D. 188G. 
 
 Z. X., Notary Public, 
 
 for the Petitioner. 
 
i^: 
 
 LKASK OF FAKM. 
 
 109 
 
 Liiat Will and Tefitaiitent, nvc Will. 
 IaisI Will and Testamod, Memorial of, see Will. 
 Last Will and Testament, Revocation of, see Will. 
 Lease — 
 
 1. Farm. 
 
 2. House. 
 
 3. Emphyteutic. 
 
 4. Assignment of Mining. 
 
 5. Transfer. 
 
 m 
 
 m 
 
 * 
 I 
 
 LEASE OF FARM, C. C, 1G46, et seq. 
 
 Before, etc., 
 
 Personally appeared B.,of the said City of Montreal, Proprietor, 
 
 Who has hereby leased, with promise to procure peaceful enjoyment unto 
 C., of , Farmer, present and accepting for the term of five years, 
 
 computed froui the first day of Noveml)er next, to include the harvest of 
 eighteen hundred and eighty-six (1886) as the first harvest, and that of 
 eighteen hundred and ninety (1890) as the last, 
 
 That certain farm, situate in the Canton of Chambly, in the County of 
 Chambly, known and designated by the nundjer on the Official Plan and 
 
 in the Book of Reference of the said Canton. 
 
 The said farm includes the dwelling house, stable, various Ijarns and sheds, 
 pig-pens, hen-houses, and other buildings connected therewith, and with the said 
 farm. 
 
 Also, the flower garden, vegetable garden, vineyard and orchard, which are 
 enclosed by fences in a good state of repair, and another piece of land, of about 
 five acres, enclosed by a hedge. 
 
 The remainder of the farm, consisting of about two hundred and fifty acres, 
 is partly in laud under cultivation, partly in pasture, and partly wooded. 
 
 As the said farm, buildings and appurtenances actually exist without further 
 description, and of all which the said lessee declares to have a perfect know- 
 ledge, hav'iig seen and viewed the same, and therewith is content and satisfied. 
 
 The said lessor reserves from and out of the said farm for his own use, a 
 cottage and its dependencies, enclosed with the garden belonging thereto, by a 
 high board fence. 
 
 The present lease is made, subject to the following charges and conditions, 
 whicli the said lessee binds himself to perform, implement and fulfil, without 
 any diminution of tlie rent hereinafter mentioned, and without any other 
 indemnity therefor, to wit: 
 
 1 . The said lessee shall be bound to occupy the said premises, himself, with 
 his family, and domestics, and will furnish the said farm and l)uildings with 
 furniture and movables, including horses, cattle, farm utensils, and so forth, of 
 sufficient value to secure the due payment of the rent and the fulfilment of all 
 the conditions of the present lease. 
 
 2. He will make, or cause to be made, to the buildings upon the said farm 
 and appurtenances, at Ids own expenfiC, all tenants' repairs, reparations locatires, 
 and will give up the said leased premises, in a good state of repairs, at the end 
 of the present lease. 
 
 3. Should any landlords' repairs yrossrs reparations be found necessary to 
 the said leased prennses during the said lease, the said lessee will allow the 
 
 if! 
 
 ir 
 
 iV 
 
 i:. 
 
 iK 
 
■ 
 
 110 
 
 LEASE OF FARM. 
 
 m 
 
 same to be done without deniiinding any reduction in the rent, danuiges, interest 
 or compensation, provided the said repairs be indispensable, and be completed 
 within a reasonable time. 
 
 The said lessee further undertakes, without compensation, to provide the 
 lessor with such horses, conveyances and drivers as may be needed tor the con- 
 veyance of the material required for the said repairs and reconstruction it being 
 understood that the lessor will not have the right to exact at any one time more 
 than two conveyances with horses, and that the services of such will not be 
 required during seed time or harvest. 
 
 4. The said lessee will be bound to plow, cultivate and sow the land com- 
 prising the said farm in sections and in their proi)er s<^ asons, in such wise as not 
 to deteriorate nor run out the same, and so that they may be given up in a good 
 farming condition at the end of the present lease, one-third fallow land, and 
 anotlier third. prepared for spring grain. 
 
 5. The said lessee agrees to store in the buildings on the farm all the 
 grain, hay, straw and fodder that shall be harvested from the said lands, and 
 shall not have the right to store the same elsewhere. 
 
 C. The said lessee will turn into manure all the straw and hay received 
 from the farm to manure and improve the land and meadow, and shall, under 
 no circumstances dispose of the said manure otherwise. 
 
 7. He will leave on the farm at the expiration of the said lease, without 
 any remuneration, all the straw and chaft" manure that may be there, and shall 
 not, under any consideration, sell any part of the straw arising from the harvest 
 of the last three years of the present lease. 
 
 8. He will cut the meadow land in convenient season, and destroy and 
 root out all brambles and thorns, so that the said meadow land may be in pi'oper 
 condition for mowing. 
 
 9. He will clean and clear out during the said lease the ditches and 
 drains on and about said farm meadow and pasture, and make new ones, where 
 necessary, to allow the water to run off. 
 
 10. He will keep the fruit trees and other trees on the said farm in good 
 state and condition, as well tho.se now on the farm as tliose the lessee reserves 
 the right to plant there, and will cut and prune them and do all necessary work 
 to keep them in proper order, and shall also replace trees that may die during 
 said lease by similar trees of equal value at his own cost ; on the other hand he 
 will with the consent of the said lessor in writing remove any of the said dead 
 trees. 
 
 11. The lessee shall leave at the expiration of the ])re.sent lease at least 
 five acres of grass of from two to three years' growth, and twenty-five acres in 
 the current year's clover, on condition that his successor will pay the value of 
 the seed. 
 
 12. The lessee will not be entitled to any compensation or diminution of 
 rent, or release from any conditions of the present lease on account of hail, frost, 
 inundation, famine, invasion or other event, whether foreseen or not, hereby 
 specially renouncing to any such rights or claims. 
 
 13. He shall watch that no encroachments of any kind are allowed on the 
 lands belonging to the said farm, and shall at once warn the lessor in the event 
 of any such fact, in default whereof he will be responsible for all damages caused 
 thereby. 
 
U' 
 
 LEASE OF HOUSE. 
 
 Ill 
 
 14. The said lessee will have no right to hunt on the property presently 
 leased, the lessor reserving tor himself and those to whom he chooses to give it, 
 sole right of hunting on the property now leased, 
 
 15. The lessee shall not have the right to sublet any part or portion of the 
 above rented property without the consent in writing of the said lessee, it being 
 understood that this condition shall not apply in the event of the lessee desiring 
 to lease to (me of his ciiildren, but in this latter case the lessee shall be respon- 
 sible for the due payment of the rent and observance of the covenants of this 
 lease. 
 
 IG. The lessee shall provide and deliver to the lessor annually at his 
 residence : 
 
 Four turkeys, a dozen chickens, half-a-dozen pigs, the whole alive and in 
 good condition. 
 
 17. The said lessee shall pay all taxes and as.ses.sments of every nature and 
 kind that may be levied upcm the said leased property during the present lease, 
 in such wise that the lessor shall receive free and clear the amount in full of the 
 rent stipulated payable hereunder 
 
 18. The lessee shall pay the cost of these presents, and for a copy for the 
 les.sor. 
 
 The present lease is further made subject to the payment by the said lessee 
 of the sum of tifteen hundred dollars currency per annum during the said term, 
 which said sum the lessee binds himself to ])ay to the said lessor or his legal 
 representatives in quarterly payments of three hundred and seventy-live 
 dollars ($375.00) each, the first whereof will become due and be payable on the 
 first day of August next, and thus to continue during all the said term, and it is 
 expressly understood that in the event of the nonpayment of said rent when 
 due, the said lessor shall have the right to cancel said lease forthwith, without 
 any demand, notice or other formality. 
 
 And for the execution hereof the said parties have made election of domi- 
 cile at their present respective places of residence above mentioned, where, etc. 
 
 Done and passed. 
 
 'If 
 
 m\ 
 
 l!<' 
 
 w 
 
 'U. 
 
 LEASE OF HOUSE OR SHOP, ETC., C. C. IGOO ef srq. 
 
 On this day, the, etc., 
 
 Before, etc.. 
 
 Appeared A. B., {residence and ocnipation,) who declared to have let and 
 lea.sed, and by these presents dot!, let and lease aiu! promise to procure peace- 
 able enjoyment unto C. D. , {reside are and or.ciqn-,''(>ii) present and accepting 
 Lessee for himself, for, during, and until the full end and term of one year to be 
 accounted and reckoned on and frotn the first day of the month of May next. 
 
 That certain {describe (he premises.) 
 With the wh(de the said lessee is content and satisfied, iiaving seen and viewed 
 the same. 
 
112 
 
 LHAfiK or llOlJUK. 
 
 The present lease is thus made for and in C()n!=''^ei';iti')'i oi' M ■ ; i vof four 
 hundred dolhirs current money of Canada, per annuia duirig tlu; uaid term, 
 whicli the said lessee doth hereby covenant, ))romiso and iigr'»e, bind iiiul oblige 
 himself to well and truly pay, or cause to be paid, to the said lessor o is legal 
 representative, in and by even and eipial quarterly payuients of one hundred 
 dollars each : the lirst payment whereof to become due and payable on the first 
 day of August now next ensuing, and thus to continue as aforesaid during all 
 the said term ; and in fiu'ther consideration, that the said lessee shall, and he 
 doth hereby promise and agree, and bind and oblige himself to pay the 
 yearly taxes and assessments of said leased premises which may be imposed 
 or levied thereon, during the said term ; and further, the said lessee shall furnish 
 the said leased premises with a sufficient quantity of household furniture or 
 goods to secure the payment of the said rent, keep the premises in repairs, 
 rep(tn(tinn 7or>(j/(W.'«, during the said term, and deliver the same, at the expiration 
 ot the present lease, in as good order, state and condition as the same may be 
 found in at the commencement of the same, reasonable tear and wear and 
 accidents hy fire excepted. 
 
 It is expressly agreed by and between the said parties, that the said lessee 
 shall 1;' t transfer his right in the present lease, nor sub-let any part or portion of 
 the above rented premises without the consent, in writing, of the said lessen' or 
 his representatives. 
 
 The said lessee shall not make any alteration in the said leased premises 
 without the consent of the said lessor or his representatives ; and in case any 
 such alterations should be made, then the said lessee shall be bound to put the 
 said leased premises in the sanae state in which they were at the commencement 
 of the present lease, unless the said lessor prefer that the said alterations should 
 remain, without any compensation being allowed to the said lessee for such 
 alteration. 
 
 Should any ijrnsses repiiratloiis be deemed necessary in the leased premises 
 the said lessee sliall permit the same to be performed, without pretending or 
 demanding any reduction in the said rent, damages, interest or compensation ; 
 provided always, that the said repairs be indispensable, and be finished within 
 a I'easonable time. 
 
 The said lessee shall during the said term confoi'm to the rules and regula- 
 tions of police, and pay the sweeping of the chimneys of said leased premises 
 during the said term. The said lessee shall, during the last three months of 
 the present lease, allow such person or persons as may be desirous of obtaining 
 a lease of the said premises to visit the same, and will suffer hand bills, for that 
 purpose, to be pljuiarded and left on the said premises. 
 
 The said lessee shall pay all extra ])remium of assurance that the Company, 
 at which the premises now leased may be insured, shall exact, in consequence 
 of the business or works done and carried on therein by the said lessee. 
 
 It is here])y expressly agreed that all the water and drain pipes, water 
 closets, sinks and bath and the accessories thereof in said premises shall be pro- 
 tected by the said lessee from frost during winter, and kept at all times free 
 from any uncleanness or obstruction that might prevent the free working of the 
 same, and any repairs needful or expedient to keep them in perfect working 
 order shall be lH)rne by the said lessee without any recourse against the said 
 lessor during tlie term of the present lease on pain of costs and damages. 
 
m 
 
 LKASK, EMrilYThWTia 
 
 113 
 
 The siiid lessee sluill kee|) the roof of siiiil premises cleiu* of snow ami ice, 
 iuul for thiit purpose shall use wooden iinplennMits only, and shall he respousihlo 
 for any damages caused hy ice or snow falling from the roof. 
 
 And for the execution hereof, the said parties to these presents have 
 elected domiciles, to wit, the said lessee at or upon the premises now leased, and 
 the said lessor at his place of residence above described, where, etc. 
 
 Done and passed, etc. 
 
 :■: I 
 
 
 EMPHYTEUTIC LEASE, C. C. r,(i7 rt srq. 
 
 Bkfokk, etc.. 
 
 Appeared A. B., of, etc. 
 
 Who has liereb}' leased, with promise to procure pi'aceful possession untoC. 
 D., of, etc., present and accepting for, dining and until the fidl end and term of 
 ninety-nine years, computed from the first day of May ne.vt (1880). 
 
 The several farms hereinafter mentioned and described, that is to say : 
 
 {Hrrr insert (hscripfioii.) 
 
 As the said farms are now to be found without any exception or reserve, 
 the said lessee declaring to have seen and viewed the same, and therewitli to 
 be ccHitent without any more ample description thereof. 
 
 The said farms belong to the said lessor having been acquired by him as 
 follows, to wit : {Gire the title as in deed of stde.) 
 
 The present emphyteutic lease has been thus madi' su))ject to the charges 
 .and conditions following, which the said C. I), binds himself to execute and 
 carry out without demanding or pretending any indemnity, compensation, dim- 
 inution of rent, or other advantage, to wit : 
 
 1. To take the said farms in the state in which they now are, without the 
 right at any time or under any circumstances to exact fnnn the lessor any repairs 
 whatever. 
 
 2. To suiTer all i)assive servitudes, apparent or hidden, to which the said 
 farms, or any of tiiem. may be liable, with the right to defend himself, at his 
 own risk and charges ; and to j.rolit by the active servitudes, if any exist, but 
 withcmt any recourse against the lessor, it being understood that tlie present 
 clause shi'U not give au}- other rights than those resulting from the title. 
 
 o. To build at his own expense on the property hereby leased a two-and- 
 a-half story house, with cellar, and numsard roof, and a second building fully 
 half the same heigiit, and having the upper part adapted for a granary. 
 
 The said buildings to be made of the best material, and according to tin' 
 plans and specifications agreed upon between the said parties hereto, and which 
 are hereto annexed and identified by the signatures of the parties and Notary. 
 
 The work of construction will be carried on under the superintendence 
 of an architect chosen hy the lessor, and whose charges will be paid by the 
 lessee. 
 
 The said buildings will be commenced the and entindy completed 
 
 during the course of the present year. 
 
 
 
 1 
 
114 
 
 LEASK, EM I'll YTEUTIC. 
 
 4. To make, after their erection, to the .said l)iiiI(lin});H and to all other bnild- 
 ings that the lessee may hereafter erect on the said jmiperty, all repairs of 
 every nature and kiiid, whether ifroises re/tttnitloiis or iSjxiraiions /orfr//rt'.s', the 
 said lessor not being liable therefor, and to give up the said buildings at the 
 expiration of the present lease in a good state of repair. 
 
 5. To yield up and abandon to the les.sor or his representatives the build- 
 ings which the lessee is bound to erect, and all additions thereto, without 
 pretending or demanding any indenniity or compensation. 
 
 0. To jiay, to the exoneration and discharge of the les.sor, without any 
 recourse against him, all taxes and a.s.sessinents, general and special, which may 
 be imposed upon the .said property and the said buildings during the said 
 lease. 
 
 7. To pay the cost of the present lea.se and for a C()p\' thereof lor the lessor. 
 
 Tiie present lease has been further made for and in consideration of the 
 annual rent of one thou.sand dollars currency, which the said le,s,see obliges 
 himself to pay the lessor, at his residence, or to ids duly authorized attorney, in 
 and l)y even and e<|ual consecutive quarterly payments of two hundred and lifty 
 dollars each. Tlu^ lirst whereof will become due and payable on the lirst day 
 of August next, and thus to continue during all the said term. 
 
 The said parties have also expressly agreed and made conditions of the 
 present lea.se : 
 
 That the payment of the said rent shall be made in gold or its equivalent. 
 
 That in the event of the non-payment of the .said rent for two consecutive 
 quarters, the said les.«or will have the right to cancel this present lease without 
 the necessity of any judicial demand, notice or other formality. 
 
 That in the event of the failure of the .said lessee to construct the said 
 buildings recjuired by the conditions hereof, the .said lessor will have the right 
 of cancelling the said lease, after giving written notice to that efl'ect. 
 
 And that in the event of the cancellation of the present lease for either of 
 the above causes, the lessee will be ol)liged to abandon and give up possession 
 to the lessor of whatever buildings and inqtiovements he may have made to the 
 said leased premises, without the right of claiming any indemnity or damages 
 therefor. 
 
 Tlie les.see will have the right to sub-let or transfer his rights under the 
 present lease, but only on condition that he shall remain liable for its fulfilment 
 according to the terms hereof. 
 
 The .said lessee will also have the right of releasing him.self from the pay- 
 ment of the rent above stipulated, and from the fulfilment of the other 
 conditions of this lease, by yielding up to the lessor, or his representative, the 
 property hereby leased, with all additions that he may have made thereto, 
 without compensation therefor. 
 
 This right shall only exist after the lessee shall have complied with the 
 conditions impo,sed re.specting the buildings to be erected, and under the further 
 condition that he the said lessee shall forthwith pay all rent due to the date of 
 the cancellation of the lease. 
 
 And for the executi(m hereof, etc. 
 
 Done and passed, etc. 
 
I.F.ASE, TltANSrElt OF. 
 
 115 
 
 ASSlGiNMKNT OF MINING LEASE, C. C. 1038. 
 
 IJkfokk, etc. 
 
 PcrsoniiUy appoiirod A., of, etc., who, for and in consideration of llie sum 
 of $ to liiui in iiand well and truly paid by IJ., of, etc., the receipt 
 
 whereof is hereby acknowledged, has granted, bargained, sold, conveyed, 
 assigned, relea.sed, transferred and set over, and by these presents doth grant, 
 etc., unto the said B. present and accepting : 
 
 One undivided half interest in and to a certain indenture of mining lease 
 dated the , made between C, of, etc., and the said A. for the term of 
 
 99 years from the date thereof, of a certain lot of land known as {Glee ilcHcnp- 
 fioH (>/ jiropiiii/.) 
 
 And also one undivided iialf of in and to a certain other indenture of 
 mining lease dated at, etc., {hkiik: as he/ore) with all the estate, right, title, 
 interest, claim, proi)erty and demand of in and to the lands, tenements and 
 hereditaments in said two several and respective leases mentioned, which the 
 said A. has by means of the said respective mining leases or otherwise. 
 
 To have and to hold the .same unto the said B., his heir.s, executors and 
 assigns, for and during all tin; rest, residue and remainder of the respective 
 terms mentioned in tiie said respective iutlentures of leaso, subject nevertheless 
 to the rents, conditions ami [)rovisions therein respectively contained. 
 
 Done and passed, etc. 
 
 y: •;;. 
 
 
 TRANSFER OF LEASE, C. C. 1038. 
 
 Befokk, etc.. 
 
 Appeared A. B., of, etc. 
 
 Who has hereby assigned and transferred with warranty of his own acts 
 and deeds only to C. D., of, etc., present and accepting : 
 
 The unexpired term computed from of the lease made in his favor 
 
 by M., of, etc., of the premises hereinafter described under and by virtue of a 
 deed of lease passed before , Notary Public, the 
 
 The said premi.ses consist of a shop, etc. And the .said lease was made for 
 five years computed from , at a rental of five hundred dollars a year, 
 
 payable cjuarterly at the (n-dinary dates, and subject to the charges and condi- 
 tions following, to wit : (Inwrf the co/nfifioits of (he le<i-s(;.) 
 
 The present transfer of lease has been thus made, subjei o the payment 
 by the said C. D., the transferee, at the olHce of tiie said M., ( the rent of the 
 said premises from the , at tlie times and in the maimer stipidateil in 
 
 the said deed of lease, of which the transferee declares to have liad con 
 munication. 
 
 And the said C. D. shall also implement and fulfil all the charges and 
 conditions of the said lease, in such wise that the said A. B. shall not be 
 troubled for or on account of the same, and more especially the clauses referring 
 to the payment of taxes and the repairs to be done to the .said premises. 
 
 The present transfer of lease has been further made for and in considera- 
 tion of the sum of five hundred dollars by way of bonus or good-will, which 
 
 <ii 
 
 '?,' 
 
 i 5 ■ 
 
 
110 
 
 I.ICITATIDN AM) SAI.K llllFoliH A NoTAIIY. 
 
 Hiiiii llu! Hiiid (J. I), hits now paid in cii«Ii to tlio said A. U., tho ruci;i[)t whereof is 
 ac'kiiowh'dffcd, wlicrt-hy (|iiit. 
 
 Tlic said A. IJ. hcrciiy iiiidortakos to ohtain tho consent of the said M. in 
 writin;^ to the present transfer of Kiase witliin one month. 
 
 The said (J. 1). siiall pay the cost of tiiese presents. 
 
 Done and passed, etc. 
 
 h(/iifer, Hci'. Will, Uvniuicidtioii of ISiuvchn'kih. 
 IjHtir (Joiiutcr, we Contir Lctfre. 
 Llcifiifio)! 1111(1 I'<(r(fit/i; Kcf I'drtitin',. 
 Liilfti/loii mill Sule of liniintntlilc of Mnmrx — 
 
 1. ]{efore a Notary. 
 
 2. IJefore Prothonotarv. 
 
 3. Vahie not exceeding !iii4U0. 
 
 SALE OF IMMOVAHLE OF MINORS -PROCEEDINGS BEFORE A 
 
 NOTARY. 
 
 Declaration. Appointment of Experts. Oath of Experts. Report of Experts. - 
 Family Council.— Application to Judge. Homologation and Order of Judge. Notice 
 Published. Certificate of Bailiff of Publishing Notices. Minutes of Sale. 
 
 N.B. — Sales by licitation in large cities reipiiie to be advertised in two 
 local iiewspa[)ers, English and French, twice a week lor three weeks, the order 
 of conrt will call for it, and solemn declarations should be had attesting the 
 advertisements. In other parts of the Province custom does not require news- 
 paper advertisements. 
 
 LICITATION AND SALE OF LMMOVAHLE OF MINORS- 
 BE FORE A NOTARY. 
 
 -PROCEEDINGS 
 
 Declaration. 
 
 On tuk seventh day of December, in the year of our Lord one thousand 
 eight hundred and , in the forenoon, 
 
 Bkfohe a. B., the undersigned Notary Public for the Province of Quebec, 
 in the Dominion of Canada, residing in the District of Saint Francis in the said 
 Province, 
 
 (Jame and ap])eared Dame A. C, of the Township of Barnston, in the said 
 District of Saint Francis, widow of the late (Jecn-ge A., deceased, in his lifetime 
 of the said Township of Barnston, Fanner; William Cowan, of the said Town- 
 ship of Barnston, Farmer, and (Jharles Wheeler, of tlie same (dace. Farmer, they 
 the said William Cowan and Charles Wheeler acting to the ellect of these 
 presents in their respective characters, tiie former as tutor, the latter as sul)- 
 tntor duly appointed cii Jimflrr to FJdgar Thomas A., aged idjout thirteen years, 
 and Laura i^iizabeth A., aged about eleven years, minor children issue of the 
 marriage of the said late George A. with the said Dame A., under and by virtue 
 
I.It'lTATlDN AX/) SALE IIKFttHh: A NoTAItY. 
 
 117 
 
 (•liiii ii(!t, ol liitcllc iiiskIc lu'loro iMtro. 1). TlinimiH, Notary I'liltlic, on liic twciily- 
 loiirtli (lay olMamiary now last i)ast, (1880) and duly lioinoloj^Mted and cunlirnicd 
 by .lolm Short and LivingHtone E. Moni.s, Ksciiiiix'H, I'rothonotary ol' tlu; 
 Superior (Joiirt for tins Diwtrict of Saint Franci.s, on the twenty-.SL-vontli day of 
 .lanuary now last past (1880). 
 
 Wliicli .said Daino A. (J., and tlu; said William ('owaii and Charles WluMder 
 actini^ as aforesaid, declared unto ine, the said Notary : That the Siud (wo minor 
 children, viz., Edgar Thomas A. and Laura Eli/'iheth A. are the proprietors a8 
 co-heirs of the inidivided half of a certain larm, situate in the said Townslii[) of 
 JJarnston, described as follows: {Here inna-t i/('.sfn'ptii)it.) 
 
 That the said estate of the said late (Jeorge A. is indebted to divers 
 individuals in sundry sums of money amounting in all to the sinn of three 
 thou.sand live hundred dollars and ninety-nine cents currency, to the best of the 
 knowledge and belief of the said appearers. 
 
 That the personal property and movable effects of the; said estate are 
 wholly iiisullicient to meet tlie claims of the .several creditors thereof, as ap[)ears 
 by the inventory of the succession of said late G. W. made by , Notary, 
 
 on the day of , a copy whereof is annc^xed to these presents, to 
 
 be fyled therewith, and the said William (lowan and (jhailes Wheeler, the said 
 tutor and sub-tutor of the said minors, have no means at their di.spusal and can- 
 not procure; the money necessary to pay and satisfy the said debts and elnims. 
 
 That the said A. <' , the .said widow, and th(; said William (Jowan and 
 Charles Wheeler, the said tutor and sub-tutor to the .sai«l minors, have receive<l 
 a very favorable oiler from the corjjoration of the Municipality of the Township 
 of for the disposal of the aforesaid ai)OVe de.si;ribed iiinnoval)le or farm 
 
 for the sum of three thousand dollars currency, and that it would be greatly to 
 the benelit, interest and advantage of the said minors the said Edgar Thomas 
 A. and Laura Elizabeth A. that the said oiler shoidd be accepted, and that the 
 said larm and property should be forthwith s(dd. 
 
 That for the purpo.se of giving their advice and coun.sel in the [)remises, 
 they the .said A. C, and the .said William (Jowan and (Jharles Wheeler as such 
 tutor and sub-tutor as aforesaid would like the assistance of the relatives and 
 friends of the said minors. 
 
 Whereof vlf/^' being re(piired, I, the .said Notary, have granted the same at 
 Stanstead aforesaid on the day, month and year herein lirst before written. 
 
 In testimony whereof the .said A. C, William (Jowan and Charles Wheeler 
 have signed these presents with me the said Notary, they having lirst made 
 oath before me to the truth and correctness of the foregoing statement, the.se 
 presents having been lirst duly read according to law. 
 
 (Signatures) 
 
 Appointment of Experts, O. O. P. 1269. 
 
 On thk .seventh day of December, in the year one thou.sand eight hundred 
 and , at eleven o'clock in the forenoon. 
 
 JJki'okk the undersigned Public Notary for the Province of Quebec residing 
 in the District of Saint Francis. 
 
 Came and appeared William Cowan, of the Townshii) of Barnstou, in the 
 .said District, Farmer, of the one part, and Charles Wheeler, of the said Town- 
 ship of Barnstou, Farmer, of the other part. 
 
 Who have appointed, that is to .say, the said William Cowan the per.son of 
 F. J}., of the said Township of Barnstou, Farmer, and the said Charles Wheeler 
 
 ': I 
 
 '■4 
 
 'l? 
 
 if 
 
 m 
 
 JIU'-. 
 
118 
 
 IJCnWThKV AX/) .SM/.A; IIHI-OIU; 
 
 MiTAin: 
 
 A. C, his wifo, tli'HfrilR'u iii tlio tU'i'laratioii this (hiy mii»h( hy tlit; 
 „.v.>. ... ^., luul the said William Cowan ami Charles Wheeler, in their eai>at'ity 
 of tutor and sub-tutor to the said minor children, by act before the under- 
 sii^ned Notary to ascertain the value thereof, and whether or not it can 
 advantageously be divided. 
 
 Whereof .lc76' at the Township of Stanstead on the day, month and year 
 first above written. 
 
 In testimony whereof the said William (Jowan and Charles Wiieeli-r have 
 signed these presents with me, the said Notary, these presents having been first 
 duly read and executed in original form. 
 
 (Signatures) 
 
 Oath of Experts, O. O. P. 330. 
 
 I, F. B., and I, II. B., do make oath and swear that I will failhl'uUy 
 proceed to the performance of what is retpiired of me by the act of my appoint- 
 ment above executed by the undersigned Notary this day, and that I will make 
 a true report of my opinion on the whole matter, without favor or partiality 
 for any of the parties intei'ested in the matter in (juestion. So help me Cod. 
 
 Sworn before me the undersiiirned' 
 
 worn before me the undersigned \ 
 Notary, this seventh day of I 
 December, (1880.) at the Town- J- 
 ship of Stanstead in the District i 
 of Saint Francis. ) 
 
 (Signatures) 
 
 Report of Experts, O. O. P. 1270. 
 
 On tiik seventh day of December, in the year one thousand eight hundri'd 
 and , at two o'clock in the afternoon, 
 
 Before me, the undersigned Public Notary for the Province of Quebec, 
 residing in the District of Saint Francis. 
 
 Came and appeared F. B. and II. B., both of the Township of Barnston, 
 in the said District of Saint Francis, Farmers, the experts api)oiiited by tiie act 
 hereunto annexed, executed betbre me the undersigned Notary on the day 
 of the date hereof. 
 
 Who declare that having made oath as appears by the ceriiiicate hereunto 
 annexed, they proceeded on the day of the date hereof to the inspection of the 
 immovable, appurtenances and dependencies mentioned and described in the 
 declaration of Dame A. C, widow relict of the late George A., deceased, William 
 Cowan and Charles Wheeler, in their respective cai)acities herein set forth ; this 
 day received by the undersigned Notary, and alter due examination and obtain- 
 ing every information necessary for the puri)o,ses mentioned in their said act of 
 appointnient, they value and estimate the said undivided half of the said real 
 estate belonging to said minors at the sum of one thousand five hundred dollars 
 current money of this Province, making the whole of the said farm and 
 property worth the sum of three thousand dollars said current money, and that 
 in their opinion the same ought not to be sold (or a less amount. 
 
'4 
 
 UaiTATloN AXn SAIJ-: HMFoRE a NdTAlir. 
 
 m 
 
 Wlicn'of Alii! ill orij^iiiiil loiiii is doliverod at tlio Tovviisliii) ofStiiiiHtoiid, in 
 th»> siiitl District, on the day, month and year first above written, and sif,nied by 
 th«' said parties with mv tlie said Notary, tliese presents having been lii-st (hdy 
 read according to law. 
 
 (Signatnres) 
 
 Family Oounoil, O. O. P. 1269. 
 
 On the Hcventh day of December, in the year one thonsand eiglit hinidred 
 and , iit two o'clock in the afternoon, 
 
 Refohk mk. the undersigned Notary Public for the Province of Quebec 
 residing in the District of Saint Francis, 
 
 Ciune and appeared William (!owan, of tin' Township of liarnston, in tiie 
 said District, Farmer, and (Jharles Wheeler, of the same place, also Farmer, act- 
 ing for the effect of these presents in their respective capacities, the former as 
 tutor and the latter as sub-tutor duly appointed <ii jUKlirr to Kdgar Thomas A., 
 aged about thirteen years, and liaura Elizabeth A., agi-d about eleven years, 
 minor children issue of the marriage of the late (leorge A., in his lifetime of 
 the said Township of liarnston, now deceased, with Dame A. ('., his wife, inider 
 and by virtui' of an (ted: i/r fii/il/v made before Mtre. D. Thomas, Notary Public, 
 on the twenty-fourth day of January now last past (1880). 
 
 Who allirm that in conformity with the declaration by act before Mtre. C. 
 A. Richardson, the said undersigned Notary on the day and date thereof for the 
 ])urpose of obtaining authority to .sell, for the reasons therein .set forth, the real 
 estate belonging to the said minor children, therein desiguiited and described as 
 follows, to wit : the undivided half of a certain farm situate in the said Town- 
 ship of ]}arnston, described as follows : Tho.se certain tracts or parcels of land 
 situate and being in the Township of Barnston aforesaid, more particularlv 
 known and distinguished, etc., they did for the .said purpose cause to be sum- 
 moned before me, to wit, Lewis II., maternal uncle of the said minor.s, Joel 
 Eli A., paternal uncle of the said minors, Levi C, maternal uncle of the 
 said minors, George C. II., Walter Cooper IL, and George IJ. C, maternal cousins 
 of the said minors, all of the said Township of Barnston, Farmers, and Charles 
 Metcalfe, of the Township of Stanstead in the .said District of Saint Francis, 
 Notary Public, a friend of the said minors, in default of other relations 
 recjuiring me, the .said Notary, they being present to receive their advice as to 
 the contents of the act of declaration aforesaid, and the parties abt)ve named 
 having appeared, I have caused to be read the said act of declaration, the report 
 of the experts made before me, the said Notary, on the day of the date hereof, 
 nnd have taken and received from them the nece.s.sary oath, and such oath 
 having been made, they have all unanimously declared that they are of the 
 opinion that the said undivided half of the .said farm and property described 
 and mentioned in the said act of declaration belonging to the .said minors, situate 
 in the .said Township of Barnston should be .sold, it being for the decided 
 benefit, interest and advantage of the said minor children that such .sale should 
 be effected, and that such .sale should be made for a sum not le.s3 than the sum 
 mentioned in the report of the .said experts, to wit, the sum of one thou.sand 
 five hundred dollars currency, which said report is hereby by the said parties 
 confirmed. 
 
 In testimony whereof the said several parties have signed these presents 
 with nie the said Notary, these presents having been first duly read according 
 to law. (Signatures) 
 
 ■M. 
 
 
 ^-Ji 
 
120 
 
 LfCITAT/oX AM) SM.I-: /tHFoin: A iXoTAHY. 
 
 Petition for Homologation, O. O. P. 1269. 
 
 PunVINTK OK QUKIIKC, 
 
 District of Saint Fniiici!- 
 
 ^iH, \ 
 
 To the iroiiorahle Edward Siiort, .Iiidj;o of tlio Sii|UM-ior (joiirt for the ProviinH! 
 of Qiio1k!C, lit till! Town of Shorhroooko in tlu' waid District of St. 
 Fniiu'is. 
 William Cowan and (Jliarlos Whotdor, botii of tin; Township of Harnston, 
 in tlu> said District of Saint Francis, Farmers, hnml)ly represent: 
 
 That they liavo caused the rehitions and friends of Fd^ar Thomas A., a<^ed 
 ahout thirtei'n years and Laura Elizahctii A., aj^ed al)out (deven years, minor 
 chihlreii issue of the marria<?e of the hito (1. A., in his lifetime of Harnston 
 aforesaid, Farmer, deceased, with Dame A. (J., his wile, to he consulted by Mtre. 
 , Notary Public, of the Township of Stanstead, in the said 
 District on the Heventh day of Decend)er instant, and have caused to be fuUilled 
 all the proceedinjfs by law re(piired to bo had in order to idVei^t a sale of the 
 real estate Ixdonj^inj^ to the said minors, described in the declaration made 
 before the said Notary Public on the day last aforesaid and hei*Muito annexed, 
 and submitted for your a|)proval And they therefore pray that your Honor 
 will take into consideration and homologate them, if they ought to be so homo- 
 logated, and you will do justice. 
 
 At Stanstead aforesaid this seventh day of December, one thou.sand eight 
 hundred and sixty-eight, 
 
 Z. X., Notary Public, 
 
 for the Petitioners. 
 
 Homologation Order by Judge. 
 
 In the Superior Court. 
 
 Puovixcp: ok Qukhkc, > 
 
 District of Saint Francis. \ 
 
 The following declaration and acte of (iftmtnhle iln^ purciitfi having been 
 presented to me the Honorable Edward Short, Judge of the Superior Court, for 
 approval and homologation, I, the said Judge, do approve of and homologate the 
 same, and the .said William Cowan, tutor to said Fdgar Thomas A. and Laura 
 F]lizabeth A is authorized to sell the .said lands and premises of the .said 
 ndnors before , Notary, at the Registry Office in and for the 
 
 (Jounty of Stanstead, wherein the said land is situated, after three publications 
 to be made three consecutiv«( Sundays at the end of divine service in the morn- 
 ing at the church door of the United Church of pjiighind and Ireland in the 
 Township of Barnston, iind posted up at the door of the said Church immedi- 
 ately after the lirst publication thereof, (In the cities of Montreal and Quebec, 
 add : And after said notice .shall have been published during three con.secutive 
 weeks in two newspapers published at , one in the Engli.sh language, 
 
 ami the other in the French language, by inserting the same twice a week in 
 each of the said newspai)ers, of the whole of which a procti.s-verbal in due form 
 .shall be made.) to the highest and last bidder, for the highest price and sum he 
 might be able to obtain, which price and sum shall not be less than one 
 thousand five hundred dollars. 
 
 Given nnder my hand, and the seal of the Superior Court set at the Town 
 of Sherbrooke, in the said District, this twelfth day of December, one thousand 
 
 eight hundred and 
 
 (Signature of Judge) 
 
LiaiTATlON AND SM.K liKt'oRK A NoTAIiY. 
 
 121 
 
 Advorttaomont of Salo. Sale by Authority of Justloe. 
 
 The f()ll()win<; iiniiioviihk! proixM'ty wluM'iMif DaiiU! A. C, widow of tlio Into 
 George A., aiul tho minor ohildron iasuo of tiieir iniirriiigo, iiro undividt'd 
 ownorH, will ho sold and adjiidgod to the last and highoHt hidder therefor at the 
 (imme of phire — gmrnil/i/ the offhr of the, Noinrji) on tlie {date) at (eleren) of tin; 
 clock in the (fore) noon, Hubject tt) the conditioim of sale then and there to he 
 annonnced, to wit : {thuerijttimi) 
 
 Dated at this , one thousand eight hundred and 
 
 A. B., Notary Ptildic. 
 
 Oertlfloate of Bailiff of Publishing Notloes. 
 
 I, , of IJarnston, Bailifl' of the Superior Court for the 
 
 District of Saint Frnncis, on my oath of oIKce, certify that I have advertised 
 the real estate and immovable property of the minors, Edgar A. and Laura 
 Elizabeth A., described in the above notice of sale, to be sold at the Registry 
 Ollica in and for the County of Stanstead, at the Village of Stanstead, in the 
 said District of Saint Francis, on the twentieth day of January, in the year 
 eighteen hundred and , at the hour of eleven o'clock in the forenoon, 
 
 by posting a duplicate of the above notice at the door of the United Ciiurcij of 
 England and Ireland in the Township of Barnston, on the second day of Jan- 
 uary, eighteen hundred and , at the hour of two in the afternoon, and 
 at the said churoli door immediately after divine service in the morning on three 
 consecutive Sundays, to wit, Sunday, the third, Sunday, the tenth, Sunday, the 
 seventeenth day of January, in the year al)ove mentioned, I read aloud the said 
 notice and published the same. 
 
 (Signature) 
 
 Minutes of Sale. 
 
 On this day, the twentieth of January, in the year of our Lord one 
 thousand eight hundred and 
 
 Before the undersigned Notary Public for the Province of Que])ec. 
 
 At the Registry Office in and for the County of Stanstead, at the Village 
 of Stanstead Plain, in the District of Saint Francis, in accordance with the 
 order of the Honorable Edward Short, Judge of the Superior Court, made on 
 the twelfth day of December, in the year one thousand eight hundred and 
 , for the sale by William Cowan, tutor to Edgar Thomas A. and 
 Laura Elizabeth A., minor children, before me, , Notary Public, of the 
 
 interest and rights of the said minors, viz., in the following immovable property, 
 to wit: {Insert description.) 
 
 The said tutor, at the hour of eleven in the forenoon, before me, the said 
 Notary Public, proceeded to the sale of the rights and interest of the said 
 minors in and to the said immovable property, and the said order having by mo 
 been then publicly read, and the notice of sale and certificate of 
 
 , Bailiff of the Superior Court for the District of Saint Francis, of the 
 due publication of such sale, hereto annexed, having been produced and read, 
 the said lands and premises were put up for sale by the said tutor and cried by 
 the said Bailiff. 
 
 Whereupon Hiram , of the Township of Barnston, Farmer, on behalf 
 
 of the Corporation of the Municipality of the Township of , did bid 
 
 twelve hundred dollars, William S. , of the Township of Stanstead, 
 
 ;?.' 
 
122 
 
 lAClTATlON AND SALK liEFORK PIlUTIlONOTARY. 
 
 Esquire, did bid fourteen hundred dollars, Ciiarles M. , of the said Town- 
 
 ship of Stiinstead, Notary Public, did bid fourteen hundred and fifty dollars, and 
 the said Hiram , on behalf of the said Corporation of the Municipality of 
 
 the Township of , did bid fifteen hundred dollars, and the said Hiram 
 
 , in his said quality, being the last and highest bidder, and after the 
 same had been duly cried by the said Bailiff, and there being no further bids, 
 the said lands and premises were knocked down and adjudged to the said 
 Hiram , acting on behalf of the said Corporation, the last and best bidder 
 
 for the sum of fifteen hundred dollars currency. 
 
 The said William Cowan, tutor, and Charles Wheeler, sub-tutor ; Hiram 
 , acting as aforesaid, the purchaser, and Henry 11. Richardson, the said 
 Bailiff, liaAe with mo signed. 
 
 ^^ Signatures) 
 
 SALE OF IMMOVABLE OF MINCRS— PROCEEDINGS BEFORE 
 PROTHONOTARY, C. C. 297 d seq., C. C. 12G7 et seq. 
 
 I. Petition— 2. Declaration of Intestacy -3. Appointment of Experts -4. Report of 
 Experts— 5. Family Council — 6. Bailiff's Return - 7. Declaration by Newspaper 
 Publishers— 8. Oahier des Ohareres-9. Deed of Sale. 
 
 Petition. 
 
 Province of Quebec, 
 District of 
 
 To the Honorable Judges of the Superior Court, for the District of . 
 
 etc., etc. 
 
 The petition of Dame A. B. {residence), widow of the late C. D. (residence 
 and occupaiiou), and E. F. {residence and occiqxdioii), in their capacity of Tutrix 
 and Sub-Tutor respectively to M. N., aged years, and P. Q., aged years, 
 minor children, issue of the marriage of the said late C. D., with his wife, the 
 said Dame A. B., as such duly appointed on the advice of a lamily council by 
 Act of Tutorship bearing date and homologated by the Prothonotary of said 
 Court, the day of , registered in the Registry Office for the 
 
 Registration Division of , the day of , 
 
 Humbly represents: 
 
 That the said late C. D. was separate as to property from his wife, the said 
 Dame A. B., by ante-nuptial contract of marriage bearing date, and passed before 
 X. Z., Notary Public, the day of , 
 
 That the said late C. D. departed this life on the , at with- 
 
 out having made or left a Last Will. 
 
 That the above named minors are the only surviving children issue of the 
 marriage of the said late C. D. with his wife, the said Dame A. B., and the sole 
 heirs-at-law and legal representatives of their said late father C. D., and as such 
 are the owners of the property belonging to his succession in equal shares or 
 portions. 
 
 That at the time of his death, tiie said late C. D. was possessed of the 
 following immovable property, whicli still belorgs to his succession, and is vested 
 in the above-named minors, to wit : 
 

 I '! 
 
 ! I .■(■ ; 
 i, 
 
 I, 
 
 I AGITATION AND SALK liKt'OUK PROTIIONOTAIIY. 
 
 123 
 
 1. A certain lot of land {descrqidoii), upon which there exists a mortgage 
 for {partmilars). 
 
 2. Another lot of land {dcscriplion), upon which there exists a mortgage 
 for {particnlars). 
 
 That the only other assets and property helonging to the succession of the 
 said late C D. are, as established by the inventory of the estate and succession 
 fyled ht.ewith, the proceeds of a certain policy of insurance effected on the life 
 of the said C, ten shares in the capital stock of , and the stock-in- 
 
 trade and money invested in the business formerly carried on by the said late 
 C. D., at No. Street, in , and now carried on by tlie said tutrix, 
 
 on behalf of the said minors, to furnish and provide for themaintemince, support 
 and education of the said minor children. 
 
 That the said minor children have no other means or property than that 
 acquired by inheritance from their said late father, the said C. D., and the profits 
 derived from the said busi)iess are the only means of providing for and paying 
 the cost of the brii'ging up, inaintenance and education of the said minor 
 children. 
 
 That the said mortgage of $ upon the said vacant property on 
 
 Street above firstly described will become due and be payable in months 
 
 hence, to wit, on the , when the creditor will require payment, and 
 
 the said minors have not sufficient available means to pay the same. 
 
 That the building erected on the secondly described lot is occupied by th' 
 said minors and produces no revenue accordingly. 
 
 That the said firstly described lot is vacant and produces no revenue what- 
 ever, but is a burthen and source of expense, and that it is admirably adapted 
 for a building site, and is situate in a locality in which vacant lots are in great 
 demand, and if the said lot were offered for sale it would undoubtedly bring a 
 high price. 
 
 That a sale of the said vacant lot would enable the said tutrix, in conjunc- 
 tion with the proce^ids of the said shares and life policy, to pay oft' the said 
 mortgage at maturity, and that it is indispensable that the said lot be sold 
 inasmuch %s the withdrawal from said business of a sum of money sufficient to 
 liquidate the said mortgage would seriously interfere with and cramp the said 
 business, and so impair its prosperity and success as to deprive the said minor 
 children of the only means of their maintenance, support and education. 
 
 That your said petitioners, in their said quality, have received a most 
 advantageous offer for the said vacant lot of land, to wit, the sum of ^ , 
 
 provided a good and sufficient title could be given. 
 
 That your petitioners deem a sale of the said lot absolutely necessary, in 
 the interest of said minors, and that such sale would prove a beneht and 
 advantage to the said minors, and to that end authority is rc([uired from said 
 Court, under the provisions of the law made in that behalf. 
 
 Wherefore your petitioners pray that your Honors, or the Prothonotary, 
 may be pleased to order a family council, composed of the relatives and friends 
 in default of relatives of the said minors, to appear before you at such time and 
 place as you may direct, to receive their advice touching the advisability and 
 propriety of selling the said vacant lot of land ; to appoint experts to value and 
 appraise the same ; and thereupon to grant authority to your petitioners in 
 their said (piality, authorizing the sale of t^aid Viicant lot of land, at such upset 
 
 i i^.- 
 
 f^i 
 
 r^i 
 
124 
 
 LICITATION AND SALE BEFORE PROTUONOTARY. 
 
 price and upon such conuitions and terms aa your Honors may fix and see lit, 
 including power to your said petition'U's to receive the consideration price and 
 to apply it in payment of the said existing mortgage. 
 
 And the said Dame A. B., tutrix, suggests as expert, to examine and value 
 the said lot R. S. {occapatioa and residence), and the said E. F., sub-tutor, 
 suggests as expert on his behalf, C. H. (occupation and residence.) 
 
 And they have signed. 
 
 Dated at , the 
 
 K. T., Notary Public, 
 
 for Petitioners. 
 
 Declaration of Intestaoy. 
 
 Province of Quebec, 
 District of 
 
 I, E. F., of , solemnly and sincerely declare : 
 
 That I was well acquainted with the late C. D. {residence and occupation), 
 and had frequent connuunication, and conversation, and intimate relations, with 
 him. 
 
 That I verily believe that the said late C. D. died intestate, inasmuch as I 
 have not found a last will and testament, or heard of one being found among 
 the titles and papers left by him in his shop, and at his residence, and elsewhere, 
 although I have made diligent search therefor ; nor did the said late C. D. ever 
 make mention to me of having signed a last will, as I believe he would have 
 done, had such been the case. 
 
 And I make this solemn declaration, conscientiously believing the same to 
 be true, and by virtue of the Act passed in the thirty-seventh year of Her 
 Majesty's reign, intituled " An Act for the suppression of voluntary and extra- 
 judicial oaths." 
 
 And I have signed. 
 Declared before me, \ 
 at , the . \ 
 
 K. T., Notary Public. 
 
 Appointment of Experts. 
 (The Prothonotiiry provides the form.) 
 
 Report of Experts. 
 (In notarial form en hrevSt as before.) 
 
 Family Oounoil. 
 
 (Before the Prothonotary who supplies the form.) 
 
 Declaration Establishing the Advertisements. 
 To be made by the proprietor or publisher of each newspaper. 
 
 (Copy of Advertisement.) 
 
 Province of Qu^ibec, 
 
 E. F. 
 
 .1 
 
 District of Montreal 
 
 I, M. N., of , the publisher of the , a newspaper pub- 
 
 lished in the Enf;;Ush language at , 
 
LICIT ATIOl^ and sale BEt\ RE PROTHONOTARY. 
 
 125 
 
 Do ;!i)it»ranly and sincerely declare thr t the above advertisement or notice 
 of sale by authority of justice was publibhed during three consecutive weeks 
 by inserting the same twice each week in the said newspaper, to wit, on the 
 {give the dates. ) 
 
 And 1 make this solemn declaration conscientiously believing the same to 
 be true, and by virtue of the Act passed in the thirty-seventh year of Hci 
 Majesty's reign, intituled " An Act for the suppression of voluntary and extra- 
 judicial oaths." 
 
 And I have signed. 
 
 Declared before me, ^ 
 at this day > M. N. 
 
 of , A. D. 1886. 5 
 
 K. T., Notarv Public. 
 {L.S.] 
 
 N.B. — After the order of sale is obtained, which will set up the conditions 
 to be observed, and is prepared by the Prothonotary, the advertisements, (a 
 selemn declaration respecting which precedes,) the publication by and return of 
 bailiff, the proceedings of sale are conducted by the Notary, as commis appointed 
 for the purpose, in the manner mentioned in the preceding form. The following 
 will give a good general outline of the conditions usual ii. such sales, and is 
 drawn with special reference to the petition above drafted. 
 
 Conditions of Sale— Oahier des Charges. 
 
 Prepared by K. T., of , the commissioner, commis, duly appointed 
 
 to conduct the proceedings of the sale by auction of the immovable hereinafter 
 described by authorization of the Prothonotary of the Superior Court for Lower 
 Canada, in the District of , granted on the advice of a family council, 
 
 duly called and held, the , on the petition of Dame A. B., of , 
 
 widow of the late C. D., of , and E. F., of , in their capacity 
 
 of tutrix and sub-tutor respectively to , minor children, issue of 
 
 the marriage of the said A. B. with the said late C. D. 
 
 By which authorization it was ordered that the said Dame A. B., in her 
 said capacity be and remain authorized to sell the said immovable upon condition 
 that it be not sold for less than $ 
 
 And provided that the said sale be made judicially in the presence of the 
 subrogate tutor of the said minors to the highest and last bidder by public 
 auction, by a Bailiff of the said Court, before Maitre K. T., Notary Public afore- 
 said, and after due notice of said sale made and published as required, and set 
 forth in the said authorization, copy whereof, as well as a proces-verhal of the 
 observance of said formalities, will be annexed herewith to the deed of sale of 
 said immovable to be executed before the said Notary. 
 
 And provided the proceeds arising from the said sale shall be applied as 
 directed in the said authorization. 
 
 {Here insert description of immovable and the title.) 
 
 Charges and Conditions : 
 
 1. The purchaser is to take the said immovable in its present condition, 
 without recourse against the vendors for any repairs, but the sale conveys the 
 right of mitoyennete in 
 
 'I 
 
 ii 
 
 It: 
 
126 UCITATION AND SALE HKFORM PROrHONOTARY. 
 
 2. Tlie purcliaser shall maintain all passive servitudes, and may exercise 
 all active servitudes attaching to the said immovable at his own risk, the 
 vendors being without warranty in this respect, but they declare they know of 
 no passive servitudes except the maintenance of the fences. 
 
 3. The purchaser shall have immediate possession of the said property. 
 
 4. The purchaser is to pay the one-half of the taxes and assessments that 
 have been levied on the said property for the current year. 
 
 5. The purchaser is to pay the cost of the present deed, and the registration 
 thereof, and of a copy with certificate of registration thereon, for the vendors. 
 
 6. The purchaser shall pay the price at which the said immovable shall be 
 adjudged to him in cash within ten days of the day of sale. 
 
 7. In the event of the failure of the purchaser to pay the price as stipulated, 
 the vendors shall have the right to resell the property at the folle enchere, costs 
 aiid charges of the purchaser. 
 
 8. The purchaser may examine the titles of the said property, but inasmuch 
 as the vendors own the adjoining part of the same official lot, they will retain 
 possession of said titles. 
 
 9. The property will be sold with legal warranty, and free and clear of 
 incumbrances. 
 
 The present cahier ties charyes, drawn up by K. T., the said Notary, has 
 been signed by him in his office, the 
 
 K. T., Notary Public. 
 
 Deed of Sale. 
 
 Before K. T., the undersigned Notary Public, etc. 
 
 Appeared Dame A. B., {residence) widow of the late C. D., (residence and 
 occupation) in her capacity of tutrix to her minor children issue of her marriage 
 with the said late C. D., to wit ; (names and ages) duly appointed to said o'Hce 
 on the advice of relatives and friends of the said minors by acte de tutelle 
 bearing date and homologated by the Prothonotary of the Superior Court for 
 Lower Canada in the District of the , registered at , 
 
 the 
 
 And E. F., of , in his capacity of subrogate tutor duly appointed 
 
 to the said minor children under the said acte de tutelle. 
 
 The said A. B. and E. F., in their said capacities, being duly authorized for 
 the purposes hereof by the said Prothonotary, on the advice of a family 
 council of the relatives and friends of the said minors by act of authorization 
 dated the , copy whereof is hereunto annexed. 
 
 Who have hereby sold and conveyed, with legal warranty, and free and 
 clear of all incumbrances. 
 
 Unto R. S., of , present and accepting : 
 
 (Description.) 
 
 Title. 
 
 The title of the vendors is fully declared in the conditions of sale annexed 
 hereto. 
 
 Tenure. 
 
 The said immo /able is held under the tenure of franc aleu roturier, having 
 been duly commuted by deed of connnutation bearing (hite and passed before, etc. 
 
.1 
 
 LIGITATION AND HALE WHERE VALUE IS TlilFUNd. 
 
 127 
 
 Posseesion. 
 
 To Have, Hold, IJse and Enjoy the saiu hereby sold property unto the said 
 purchaser, with immediate possession (or subject to ). 
 
 Price. 
 
 The present sale and conveyance has been thus made for and in considera- 
 tion of the sum of % , being the price at which the said immovable 
 property was adjudged to the said R. S., at the office of K. T., the said Notary, 
 at , on the day of , by , one of the sworn 
 bailiffs of the said Superior Court, after having been previously advertised in 
 two newspapers both published at , one in the English language, to wit, 
 the , and the other in the French language, to wit, the , 
 during three consecutive weeks, two insertions a week, to wit, on the [mendoti 
 the thiys) and after three publications on three consecutive Sundays, to wit, on 
 the {mention the days) at the door of the parish church of the pariah of , 
 as the last and highest bidder therefor, as appears by the proces-verhal of the 
 said proceedings, hereunto annexed and forming part hereof. 
 
 Which said sum of % the said vendors hereby acknowledge to have 
 
 received from the said purchaser in Ccash at the execution hereof, the receipt 
 whereof is hereby acknowledged, whereof quit, and which said sum the said 
 vendors hereby declare has been applied to the payment of the hypothec exist- 
 ing on the said property, in terms of the said act of authorization to sell and as 
 appears by deed of release executed the before the undersigned 
 
 Notary and bearing even date herewith. 
 
 Done and passed, etc. 
 
 SALE BY AUTHORITY OF JUSTICE — IMMOVABLE NOT VALUED 
 
 OVER $400, 35 Vic, cap. 7. 
 
 Petition. 
 
 Pkovince of Quebec, 
 District of 
 
 To the Honorable, etc. 
 
 The Petition of A. B. and C. D., {residences nud nrcupntioiis). 
 
 Respectfully represents : 
 
 That the said A. B. was married to Dame R. S. at on the , 
 
 without having executed any contract of marriage. 
 
 That there were l)orn, issue of said marriage, five children, all of whom 
 are living and are yet minors, to wit : {nunie.^ and at/es. ) 
 
 That the said Dame R. S. departed tliis life on the , intestate. 
 
 Tliat the said A. B. was appointed tutor, and the said C. D. sub-tutor to the 
 said minor children, on the advice of tlie relatives and friends of the said 
 minors by acte de tutelle duly homologated by, etc. 
 
 Tliat the said minors are in their mother's right owners of the undivided 
 half of {dtscriptinn.) 
 
 That the community which existed between the said A.. B. and Dame R. 
 S. is indebted, etc., {/olloin the farm hefore Nofari/, ar describe in a similar way the 
 reasons lohy the iminomdde shmdii he sold.) 
 
 ! t 
 
128 LICITATION AND SALE WHERE VALUE IS TRIFLlSd. 
 
 That the share of the said immovable belonging to the said minors does 
 not exceed in value the sum of $400, as your petitioners will establish by the 
 affidavits of two disinterested persons competent judges of the value of immov- 
 able property, who are well acquainted with the property in question, (0/*, 
 dlloio experts to be named in the nsual toay and receive their report,^ 
 
 That considering the small value of the undivided half of the said immov- 
 able, and in view of the limited means of the said minors, it is desirable that 
 all unnecessary expense be avoided in eflfecting a sale of their interest in the 
 said immovable. 
 
 Wherefore your petitioners humbly pray that your Honors, or one of your 
 Honors, will grant an order allowing the rights and interests of the said minor 
 children in the said immovable to be sold in a friendly manner by private sale, 
 for such price and on such terms as your Honors in your wisdom may establish, 
 and without advertisement as allowed under and by virtue of the fifth section 
 of chapter seven, 35 Victoria of the statutes of the Province of Quebec. 
 
 And your Honors will do justice. 
 
 Montreal, 1st May, 1886. 
 
 Z. X., Notary Public, 
 
 for Petitioners. 
 
 Limited Pnrtvership, nee PortnerHhip. 
 Liquidation aiid Partaije, see Partage. 
 Litigious Rights, Redemptiou of, see Rights. 
 Loan, see Obligatiou. 
 
MA NDA TE, GENERA L. 
 
 129 
 
 Miitn-Lecec, sec DiscJi(H'f/e. 
 Hfdiidiitari/, see Acroini/ litiKhml />!/. 
 M<ni(I(i((; — 
 
 1. General. 
 
 2. Restricted. 
 
 3. To execute Hypothec. 
 
 4. Before Witnesses. 
 
 5. Before Witnesses iind very (icneral 
 (1. To he Eii(h)rse(l on Instrument. 
 
 7. To attend Meeting of Creditors. 
 
 8. Cancellation of. 
 
 *.-■ 
 
 m 
 
 MANDATE, GENERAL, C. C. 1701 cf seq. 
 
 O.NT Tins DAY the first of May, in the year of our Lord, one thousand eight 
 hundred and eighty-six, 
 
 Bkfork the undei signed Pidilic Notary, duly commissioned and sworn in 
 and for the Province of (iuehec, in the DvUniuion of Canada, residing in the City 
 of Montreal, in the said Province ; 
 
 Personally came and appeared A. B., {rcslflenre. anil orntpaflo))) who 
 declared to have made, ordained, constituted, and appointed, and by tiiese 
 presents doth make, ordain, constitute and appoint, and in his place and stead 
 put C. I)., {resilience anil ocrafialion) to be his true and lawful Attorney for him, 
 and in his name to enter upon !>•..({ take pos-session of all and singular the goods, 
 chattels, lands and tenementf-, real and personal, movable and immovable 
 estates, to him the said constil'ient belonging, or in any wise a])pertaining, or in 
 which he now has or may have any right, title, share, interest, chiim or demand 
 whatsoever or wheresoever, and the same or any part thereof to administer and 
 manage, grant, bargain, sell, lea.se, a.ssign, convey and make over, mortgage, or 
 otherwise dispose of, to all or any person or per.sons, and for such prices or other 
 considerations, and upon such terms, ccmditions and delays as the said Attorney 
 may think proper; to accjnire real estate or immovable property by parciuLse, 
 exchange or otherwi.se, npcm such terms and conditions as the said Attorney 
 may thiidv best, and also to do, transact, manage and carry on all and every the 
 trade, business, and transactions and affairs of him the said constituent: to draw, 
 sign, accept and endorse all bills of exchange, drafts and promi.s.sory notes ; to 
 draw and sign all che(pies, orders and drafts for the payment of money on all or 
 any bank or banks in. which the said constituent now has or may hereafter have 
 any money, or on the president, cashier or other authorized ollicer thereof. To .sell 
 and di.spose of the stocks, funds and securities of all or any chartered banks or 
 other incorporated companies or institutions, and to invest in l)ank or other stocks. 
 To make and grant or accept all transfers and subrogations. Also to ask, 
 demand, sue for, recover and receive, of and from all and every person or 
 persons whom the same doth, shall or may concern all and every such 
 sum and sums of money, debts, rents, goods and chattels, dues, duties, claims 
 and demands whatsoever as now are or hereafter shall become due, owing, 
 belonging, or payable to the said constituent, and the said person or persons to 
 call to account, and bring to a reckoning, and adjust all accounts with them and 
 leave the same to arbitration, or compound for the same, or accept a part for the 
 whole upon such terms as to the said Attorney may appear just, ami upon 
 
130 
 
 MANDATE, GENERAL 
 
 payment or delivery i)f the Haid sum and sums of money, debts, rents, goods and 
 chattels for the said constituent and in his name, to make and give proper 
 receipts, acquittances and discharges for the same respectively, and in default of 
 payment or delivery thereof for and in the name of said constituent to conmience 
 and prosecute any action or actions, suit or suits, as well real as personal, in any 
 Court of Law or Ecp.ity for the recovery of the same or any part thereof; and the 
 same action or actions, suit or suits, to prosecute and follow, demand or refer the 
 sentient iJecisoire or the examination of every parly upon Ftiits et Artiden, Avhen 
 advisable, to sue out and obtain all writs of seizure and attachment, whether of 
 the person or property, and also all writs o[' Eiitiertemrid et nreuillattio}), and to 
 prosecute all bi^o-iptbniit dc Faiw, or to discontinue and become non-suit in all or 
 any of the said prosecutions as and when the said Attorney shall see cause. To 
 institute appeals from any judgment or judgments of any Court of Law or 
 Equity of and concerning the premises, and the same appeals to prosecute or 
 discontinue as to the said Attorney may appear expedient; also for the said 
 constituent and in his name to be, appear and attend at all or any meeting of 
 the creditors of such person or persons Avho now is, or are, or may be ind< ' .ed 
 unto the said constituent before all or nuy assignee or assignees of bankrupts or 
 insolvents, or in any Court of Law or Ecpiity, or in any other place whatsoever, 
 and to compound, adjust, liquidate and finally settle or discharge all such 
 account or accounts now or that hereafter may be open, depending, unsettled or 
 outstanding betw^een them, and to vote in or consent and agree to the appoint- 
 ment of an assignee or assignees, or any person or persons to take charge of, 
 manage, superintend, wind up, settle and adjust the affairs of all or any of such 
 person or persons aforesaid ; and also for the said constituent and in his name 
 and to his use, to take all, every or any such lawful ways and means for the 
 recovery, receiving or getting in any lands, tenements or hereditaments, rents, 
 sum and sums of money, real and personal, movable and immovable estates, 
 which by the said Attorney shall be conceived or thought to belong, appertain, 
 be due, owing or payable to said constituent in any wise howsoever, and 
 generally for and in the name of the said constituent to sign, seal, execute and 
 deliver all such deeds of bargain and sale, conveyance, lease, mortgage or other 
 instrument in writing, and all such deeds of composition, releases, acquittances 
 and discharges, and to execute and perform all and every such other act, deed, 
 matter and thing which shall or nuiy be needful or expedient in and about the 
 premises, or which the said Attorney may think proper as fully and effectually 
 to all intents and purposes as the said constituent might or could do, use or take, 
 if he were personally present ; and furthermore, for him and in his mm.e to 
 execute and perform all and every act, deed and thing, needful and expedient 
 in and about the premises — and for the better doing, performing and executing 
 all or any of the matters and things aforesaid, the said constituent doth hereby 
 give and grant to the said Attorney full power and authority to constitute and 
 appoint and in his place and stead put one or more Attorney or Attorneys, and 
 such appointment or appointments again at his pleasure to revoke, and other or 
 others in his or their place to substitute, hereby ratifying and confirming and 
 agreeing to ratify and confirm all and whatsoever his .said Attorney or his sub- 
 stitute or substitutes in and about the premises sh.all lawfully do or cause to be 
 done by virtue of these presents. 
 
 Thus done and passed, at the City of Montreal, in the office of Z. X., the 
 undersigned Notary, on the day and year first above written, and the said 
 Appearer has signed these presents with the said Notary, in testinumy of the 
 
MA N ru TE, RKSTlilCTKn. 
 
 131 
 
 preiiiiHos, tliewo presents liiiviiigl)ooii (ivHt duly read in Ills presence, and executed 
 under the number thousand hundred and 
 
 A. B. 
 
 Z. X., Notary Public. 
 
 MANDATE, RESTRICTED, C. C. 1701 el mj. 
 
 On this day, the, etc. 
 
 Bkfokk, etc., 
 
 Personally came and appeared, A. B , (rctidenro (ovl oraqxtiion) who 
 declared to have made, ordained, constituted and appointed, and by these 
 presents doth make, ordain, constitute and apjwint, and in his place and stead 
 put C. D , (rcuhh'iicc. aixl ocriipuflnii) to be his true and hnvful Attorney for him, 
 and in his name to ask, demand, sue for, recover and receive, of and from all and 
 evex-y person or persons whomsoever the same doth, shall or may concern, all 
 and every such sum or sums of money, debts, rents, goods and chattels, dues, duties, 
 claims and demands whatsoever, as now are or hereafter shall become due, 
 owing, belonging or payal)le to the said constituent, and the said person or per- 
 sons to call to accoinit, and bring to a reckoning, and adjust all accounts with 
 them and leave the same to arbitration, or compound for the same, or accept part 
 for the whole, upon such terms as to the said Attorney may appear just, .and 
 upon payment or delivery of the said sum or sums of money, debts, rents, goods 
 and chattels for and in the name of the said constituent to make and give proper 
 receipts, acquittances and discharges for the same respectively, and in default of 
 payment or delivery thereof, for and in the name of the said constituent to 
 couunence and prosecute any action or actions, suit or suits, as well real as per- 
 sonal, in any Court of Law or Equity, for the recovery of the same or any part 
 thereof; and the same action or actions, suit or suits, to prosecute and follow, 
 demand or refuse the wniwiit <U'-isoire or the examination of any party upon 
 Fiiiis et Articles, when advisable, to sue out and obtain all writs of seizure and 
 attachment, whether of the person or property, and also all writs of Entiercement 
 et receiidlrdtion, and to prosecute all LisrriptionH <Ie F<ni.r, or to discontinue and 
 become non-suit in all or any of tiie said prosecutions as and when the said At- 
 torney shall see cause, and to institute appeals from the judgment or judgments 
 of any Court of Law or Ecpiity, of and concerning the premises, and the same 
 appeals to prosecute or discontinue as to the said Attorney may appear expedi- 
 rrit; .also for him the said constituent to gr.ant, consent or accept all deeds of 
 i ' msfer or subrogation and to his use, to t.ake all, every or .any such lawful 
 ways and means lor the recovery, receiving or getting in any lands, tenements, 
 or liereditaments, rents, sum or sums of money, re.al and personal, movable and 
 innnovable estates, which ])y the said Attorney shall be conceived or thought to 
 belong, appertain, be due, owing or payable to the said constituent in any wise 
 howsoever. 
 
 Also for the said constituent and in his name to dr.aw, sign, .accept and en- 
 dtn'se all bills of exchange, drafts and promissory notes ; to draw and sign all 
 cheques, orders and drafts for payment of money on all or any bank or banks in 
 which the said constituent now has or may hereafter have any money, or on the 
 president, cashier or other authorized officer thei'eof. 
 
 !*• 
 
132 MANDATE liKFORM WlTNKHSKii. 
 
 To withdraw letters, wliethcr registered or otherwise, from Her Miijesty'a 
 Post Ollice, iiud tt) transact all business with Iler Majesty's (Jiistonis. 
 
 {IiiHcrt here <ii>i/ other spcvial powers desired.) 
 and generally, for and in the name of the said constituent, to sign, seal, execute 
 and deliver all such releases, acquittances and discharges, or other instrument in 
 writing required, and to execute and perforin all and every such other act, deed, 
 matter and thing which shall or may be needful or expedient in and about the 
 premises or which the said Attorney may think ])roper, as I'ully and ell'ectually 
 to all intents and purposes as the said constituent might or could do, use or take 
 if he were personally present; and liirthermore, for him and in his name to 
 execute and perform all and every act, deed and thing needful and expedient in 
 and about the premises — and for the Ijetter doing, performing and executing all 
 or any of the matters and things aforesaid, the said constituent doth hereby 
 give and grant to the said Attorney full power and authority to constitute and 
 appoint, and in his place and stead i)ut one or more Attorney or Attorneys, and 
 such appointment or appointments again at pleasure to revoke, and other or 
 others in his or their place to substitute, hereliy ratifying and confirming, and 
 agreeing to ratify and confirm all and whatsoever his said Attorney or his sub- 
 stitutes in and about the premises shall lawfully do or cause to be done by 
 virtue of these presents. 
 
 Done and passed, etc. 
 
 Mandate to execute Ili/j^othec, see OhlUjation, 
 
 MANDATE BEFORE WITNESSES, SPECIAL. 
 
 Know all men by these presents that I, A. B., (^residence and occupation,) 
 Do hereby constitute and appoint C. D. {residence and occnixitloii) my true 
 and lawful Attorney, for me and in my name, place and stead and for my sole 
 use and benefit to {here mention the particulnr ohJectN) and for all and every the 
 purposes aforesaid Do hereby give and grant unto my said Attorney full and 
 absolute power and authority to do and execute all acts, deeds, matters and 
 things necessary to be done in and about the premises. And also to connnence, 
 institute and prosecute all actions, suits and other proceedings, which may be 
 necessary or expedient in and about the premises, as fully and ellectually to all 
 intents and purposes as I could do if I were personally present and acting 
 therein. And also with full power and authority for my said Attorney to appoint a 
 substitute or substitutes, and such substitution at pleasure to revoke, 1 hereby 
 ratifying and confirming, and agreeing to ratify and confirm all and whatsoever 
 my said Attorney, or such substitute or substitutes, shall lawfully do or cause to 
 be done by virtue hereof. 
 
 In witness whereof I have hereunto set my hand and afhxed my seal 
 this day of , one thousand eight hundred and eighty-six. 
 
 Signed and sealed in 
 the presence of 
 R. S. 
 P. C. 
 
 A. B. l^'eaL] 
 
 {Coj'i/ the (i^^davit endorsed.) 
 
MANDATE liUFUltt: Wn'NKSaHS (VKUY (iKNKHM.) 
 
 IIJ3 
 
 PltOVINCK OF 
 
 County of 
 
 I, 11. S., {riwiknci: and occiquttloii) being duly sworn do depose and say : 
 (1.) That 1 was present and saw A. IJ., the eonstUiient named in the within 
 Power of Attorney (hdy sij^n, seal and execMite the same. 
 
 (li.) That I am a subscribing witne.s.s to the execution thereof. 
 
 (;}.) That the same was executed at 
 
 (4.) And that 1 know tlie said constituent. 
 
 Sworn before me at 
 this day of 
 
 ■.\ 
 
 H. S. 
 
 MANDATE BEFORE WITNESSES (VERY GENERAL). 
 
 Know all men by these presents that I, A., of. etc , as well in my own name as 
 for and in the name of the (inn of A. & ('o., carrying on liusiness in iM. as Mer- 
 chants, and at Manchester, in England, under the name of A. & B., composed of 
 B., of Manchester aforesaid, Merchant, and me, the .said A., have made, ordained, 
 constituted ant appointed, and by these presents I do make, onbiiu, constitute and 
 appoint, in my own name and in the place and stead of my said firm, put .iiid depute 
 C, of the said City of M.. Gentlenum, to be the true and lawful Attorney of me an<l 
 my ."aid firm, for us and in our names and as our act and deed to tran.sact, execute, 
 perform, manage and cfvrry on all and every the matters and things of and relat- 
 ing to the alfairs and bu.sine.ss of every kind of me and my .said firm or of the 
 surviving partner or partners tiiereof for the time being in Manchester, or any 
 part of England aforesaid, and especially at his discretion, and from time to time 
 to make, draw and endorse any bill or bills of exchange, promissory note or 
 notes, check or checks, or other negotiable instrument or instruments, and the 
 same or any of them from time to time at his di.scretion to negotiate for the 
 j)urpose of raising money thereon by procuring the same or any of them to be 
 discounted or otherwise at his di.scretion to negotiate the same from time to time, 
 and also to open and continue any account or accounts, credit or credit.s, with any 
 of the banking corporations or banking associations or other moneyed institutions 
 inEn!j;land,aud at iiis di.scretion to discontinue anv such account or accounts, credit 
 or credits, and to open and continue any newaccountor accounts, credit or credit.s, 
 with any other banking corporations or banking associations or other moneyed in- 
 stitutions in the l)omini(m of Canada, or in England aforesaid as he shall tiiink fit, 
 and against all such accounts and credits from time to time at his di.scretion to 
 make and draw such check or checks, draft or drafts as to him shall .seem neces.sary 
 or exi)edient ; and also to open and answer all letters; to make all necessary 
 entries at any cnstom honse or custom houses, and to tran.sact all custom house 
 business, to make all requisite declarations, and to sign, seal, execute and deliver 
 all bonds and instruments which may be required by any authorities or oflicers 
 of customs for securing the payment of any duties or duty and for the o])taining 
 of debentures on any goods, wares and merchandise, to ettect any insurance or 
 insurances, to claim, recover, receive, adjust and settle all damages and losses, 
 and all sums of money payable or recoverable upon or by reason of any such in- 
 suniuces, to cede and assign any property and effects insured, and to transact all 
 
 11 
 
 *1 
 
 •t" 
 
 if 
 
 ijitia»<^Sai 
 
i 
 
 134 
 
 MASDATK liUFORK WITNKSSKS (VF.ItY (iFSEltM.) 
 
 or any inHuraiico biisinuHs in any wIho connected with or bolon^in}^ or relating to 
 \\\y aiVuirH, or tlioHc of my Haiti (irni, or tlio Hiirvivinjj; partner tliereol' I'or tiie time 
 being; to adjust, li((uid!ite and settle all accoinits now depi'iidiiig or wliicli may 
 l)e hereafter depending between my said firm or the surviving partner tliereol 
 for the time lieiug and any piM'son or persons whomsoever in England aforesaid, 
 and also to ask, demand and receive of and from all and every person or persons 
 whom it may concern to pay or deliver the same, all and every sneli deht or 
 debts, Hinn or sums of money, goods, wares and merciiandise, eflects, matterH 
 and things as is or nre now or hereafter shall l)e or become diu', owing or 
 belonging to me or the Mai<l firm or the surviving partner thereof for the time 
 being, on any account whatsoever, together with all interest, costs and charges 
 due and to grow due thereon, and upon recovery and receipt thereof or any part 
 thereof, to give, sign and deliver good and elleetiial receipts, ac(piittaiices and 
 discharges for the same as the said Attorney shall think proper ; and in case ol" 
 refusal or delay by any person or jjersons whom it doth, shall or may concern to 
 make ))aynient or delivery or otherwise give satisfaction in the premises, 
 him or them thereunto to comiiel by all lawful ways and means whatsoever, and 
 if need be to appear and the said linn and individual partners thereof to •• 'e- 
 sent before all .ludges. Justices or other ollicers in or at any Court or ('oiiits or 
 other places whatsoever, there to do, say, sue, implead, arrest, attack and prose- 
 cute to judgment and execution as occasion shall re(piire ; and also if need be to 
 compound with any person or persons for or in respect of any debt or debts, sum 
 or sums of money now or hereafter to be or become due, owing or payable to 
 me or my said linn or the surviving partner thereof for the time being, and in 
 case any dispute shall arise touching the settlement of any such account, matter, 
 cause or thing, to compromise and conclude or siilimit the same to arbitration or 
 otherwise as the said Attorney shall think lit, and for the purposes aforesaid or 
 any of them, for me and my said firm or the surviving partner thereof for the 
 time being, enter into, make and execute all such deeds of composition, letter of 
 licence, bonds of arbitration, articles of reference, releases, discharges and other 
 instruments as may be necessary and exjiedient, and generally to do, pi.'rform 
 and execute every act, deed, matter and thing that shall be re(pnsite or neces- 
 sary in the premises or in any wise relating thereto, or that the interest of 
 myself or my said linn, or the nature of my business in England may reipiire, 
 in as full, ample and benelicial a manner as I might or could do if personally 
 present. 
 
 And for me the said constituent and in my name to dissolve, terminate 
 and put an end to the co-partnership existing as aforesaid between me the said 
 constituent and the said B., in conformity with the provisions of the Act of 
 Co-partnership, upon such terms and conditions and with such conditions and 
 stipulations as to the said Attorney may appear just and expedient, and for the 
 benefit and advantage of me the said constituent, a special condition whereof 
 shall be that I shall have the right to continue the said business either in my 
 own name or conjointly with another or others who may desire to become a 
 partner or partners therein, and I hereby authorize and empower my said At- 
 torney for me and in my name to enter into and form such co-partnership with 
 any party or parties so desiring to become a member or members thereof, and 
 for that purpose to sign and execute any and all deeds, act or writing retpiisite 
 and necessary, with such provisions and containing such conditions, terms and 
 agreements as the said Attorney in his discretion and for my interest and 
 benefit may cause or procure to be inserted therein, and further I hereby give 
 
hfAXDATF. TO HF. fCXnoHfiF/) ON tNSTIlUMF.XT. 
 
 mr, 
 
 iittil gniiil lo my Hiiid Altornoy full and iibwdiitc lUitlMuily to airiiiig*', Hiiltle, 
 luljiist 1111(1 wiiul up the miid co-partiiorHliii) oxiHtin^ an al'oroHaid, and alt tliu 
 niViiirs and hiisiiicHS tlicrt'ol", and to do, excciiti' and porfonn all and every aet, 
 deed, matter and thin;; needl'nl and e\[)edient in and alxait the prenuHeH in an 
 full, ample and lienelieial a nuiiinur to all intentH and purpoHCH aH 1 tliu Naid con- 
 Htitneiit nii<;;lit or could do if I were peiHonally pi'e.Hent. 
 
 And also with jtower t(> my ,said Attorney IVom time to time to appoint, 
 authorize, depute and nuhstitute one or na»re Attorney or Attorney.s under him 
 for all or any of the purposes aforesaid, with the; like powers as are hereby ^iven 
 or with such limited powers as the purpose or purposes for which such suhstitu- 
 tioii shall he made and the circumstances of the case shall require in that hehalf. 
 Anil such sultstituti(»n or suhstitutions a^ain at i)lcasure to revoke, hereby ratify- 
 ing, allowing and conlirmin^, und a^reein^' to allow, ratify and confirm all and 
 whatsoevi-r the said (J. or his suhstituti; or substitutes shall lawfully do or cause 
 to be done in und about the premises by virtue hereof. 
 
 In witness whereof I, the said constituent, have hereunto set my hand and 
 allixed my seal at Montreal aforesaid, the day of 
 
 our Lord, one thousand eight hundred and eighty-six. 
 
 Signed, scaled and delivered ) 
 in pre.seiioe of ^ 
 
 (Two witnesses) 
 
 in the year of 
 (Signed) A. 
 
 (AlfiirJi ii()ii/(ir!f III/ oiif of the irihicssrH th'(hiri<J htfore a Xnftirtj Piifillc, irJiosr 
 ojflchil i/inili/// iiiiisf ltd iiftcsfcif fii/ llif Mdi/ors fcrti/tnifr tnnf sin/ for Unhilti^ or hij 
 till' Aiinricitii (Jdiimil for l/te ('nihil tSfdhs.) 
 
 m 
 
 ^'V 
 
 POWKR OF ATTORNEY TO BE ENDORSED ON INSTRUMENT. 
 
 Know all men by these presents that I, etc., of, etc., do hereby declare that 
 1 have taken communication of and attentively read the above written draft of 
 deed of sale from nie to of the lot of land therein described, which is 
 
 prepared for signature with the exception (f blanks for dates an<l , and 
 
 am conteiu and satisfied therewith, and I do hereby nominate and appoint C. D., 
 of my true and lawful Attorney for and in my name to sign and execute 
 
 the same, hereby ratifying and agreeing to ratify all that my said Attorney may 
 lawfully do by virtue hereof. 
 
 In witness whereof I have hereunto set my hand and seal this, etc. 
 
 Signed, sealed and delivered ) /-o* ^^ \ 
 
 • a I- i (Signature) 
 
 in the presence ot ) \ o / 
 
 (Two witnesses, one of whom will make afhdavit as in the last preceding 
 form suggested.) 
 
''''^'''»'''f''i^^f^F^=5=5l='7»?a!!!W- 
 
 I.IG 
 
 MANDATE, CANCELLATION OF. 
 
 POWER OF ATTORNEY, TO ATTEND MEETING OF CREDITORS. 
 
 Bekork, etc , 
 
 Aiipoared, etc., 
 
 Wlio do iind oiicli of tlioin dotli horel)y name, constitute and appoint B. , of, 
 etc., to he tlicir and eacli of their true and hiwful Attoi'uey for them and in their 
 respective names to attend and I'epresent them at any meeting or adjourned 
 meeting of the creditors of M., of , to vote for, ratify or ohject to the 
 
 nomination of any assignee to the estate of the said M., to hecome party to and sign 
 any deed of assignment or other document or documents wliich may he reciuired, 
 to make, fvle and produce all declarations, aflidavits, accounts and vouchers, to 
 ratify and confirm or ohject to any proceedings, and if found to he more advan- 
 tageous to compound for their claims respectively, and accept a part for the 
 wliole, on such terms as the said Attorney may .see fit, to sign and execute all 
 deeds of composition, and generally to do all other matters and things whatso- 
 ever which may he re([uired or tiiought advisahle in the premises, the whole as 
 fully and effectually to all intents and purpo.ses as they the said constituents 
 could do if they were personally present; they the said Appearers herehy 
 ratifying and confirming, and agreeing to ratify and confirm all and what.soever 
 their said Attorney may lawfully do or cause to be done in the premises hy 
 virtue hereof. 
 
 In testimony whereof the said Appearers have signed at the said City of 
 Montrial, this day of , with and in the presence of the said 
 
 Notarv after due reading of these presents executed rn hrerel. 
 
 (Signatures) 
 
 REVOCATION OF POWER OF ATTORNEY, C. C. 17o5. 
 
 On this d.vy, etc., 
 
 Rkfohk, etc., 
 
 Personally came and appeared, A., of, etc.. 
 
 Who declared to have revoked, cancelled and annulled, as hy these presents 
 he doth revoke, cancel and animl a certain Power of Attorney made and granted 
 hy him therein acting in his own name, as well as in his capacity of Agent and 
 Attorney of C, D. and E„ the heirs and legal representatives of the late K., 
 deceased, in his lifetime of , to and in favor of R., of the said City 
 
 of Montreal, Merchant, bearing date and passed before L. M., Notary Public, 
 the day of , hereby) declaring the said Power of Attorney 
 
 ciincelled and annulled to all intents iind jiurposes as if the sanui had never 
 been made iind executed. 
 
 And for the signilication hereof the said Appearer hereby constitutes the 
 hearer of an authentic copy, his Attorney, if, whom he givcH all necessary power 
 and authority to that effect. 
 
 For thus, etc. 
 
 In testimony whereof the said Appearer has liereunto set his hand with 
 and in the juesence of the said Notary, these presents having betui (irsi duly 
 read ami executed under tht; number 
 
MAItltlAdK CONTRACT, NO COMMUNITY. 
 
 MARRIAGE CONTRACT, C. C. 1257 et seq. 
 
 137 
 
 On this day the of , in the year of ou," Lord one thousand 
 
 eight hundred and eighty-six, 
 
 Bkfohk Z, X., the undersigned Notary Public, duly comnUHsioned and sworn 
 in and for the Province of (Quebec, in the Douunirh of Canada, residing in the 
 City of Montreal, 
 
 Personally appeared A. R., {residence and occnimtmi) of the first part; 
 
 And Miss C. D., {nsi'tfeuce and o('-iiii<dio)i) of the second part. 
 
 Which said parties declared to me, the said Notary, 
 
 Tliat in view and witli the intention <jf uniting themselves in the Holy 
 Bonds of Matrimony, they have covenanted, stipulated and agreed, and do 
 hereby covenant, sti[)ulate and agree to and with each other as follows, to wit : 
 
 1st. There shiiU be no coiinnunity of property between them, the said 
 future consorts, either of the property movable or immovable which now belongs 
 to them or of that which uxay be acquired by them during the said intended 
 marriiige. 
 
 2nd. The said parties hereto shall be separate as to property as jK'rmitted 
 by the Civil Code of Lower Canada, conseipieutly, they shall separately an<l 
 individually have, hold and enjoy the movable and immovable projjerty which 
 they now own and which tliey nuiy resi)ectively and individually acipiire 
 during the said intended marriage as their own separate and respective property 
 and properties, the said party of the second part having during the said mar- 
 riage the entire administration of her pro[)erty movable and innnovable, and 
 the free enjoyment of her revenues. 
 
 3rd. The said future consorts shall not be responsible for each other's debts 
 contracted previous to or during the present inteuded marriage; but such debts, 
 if any there be, shall be borne and paid by the one who shall have contracteil 
 the same, without the other or his or her property being in any w.iy responsible 
 tlierefor. 
 
 1th. The said party of the first part shall of himself bear and pay all the 
 househohl expenses, including the necessary personal expenses of the .said parly 
 of the second part, and the nuiiutenance and education of the child or children 
 that nuiy be born of the said intended marriage. 
 
 5th. In order to establish what shall constitute the property of the said 
 parties, it is declared that the i)roperty of the said party of the second part 
 shall consist of all articles and linen marked with her initials or crest (/».sr/7 itiii/ 
 otfitr artiileK) with all money.s, property and elVects now held by her and which 
 she may acipiire by purchase, (Ujuation or otherwi.se, and which she can justify 
 by proper vouchers, with her wearing apparel, jeweLs, trinkets and j 'apher- 
 nalia, which shall belong to her as her ab.solute property. 
 
 Gtli. There shall be no dower either customary or prefixed in favor of the 
 said future wife, she the said party of the .second part, as wdl for herself jus for 
 the child or children which may be born of said intended marriage, hereby 
 renouncing to all such dower and right of dower. 
 
 7tl:. In consideration of the foregoing stipulations and of the love and 
 affection which the .said A. R. hath for and beareth towarils the said C. D., he 
 the said party of the first part hath settled upon, given and granted, and doth 
 hereby settle upon, give and grant to the said party of the .second part thereof 
 
138 
 
 MAIIRIAGK CONTRACT, WITH COMMUNITY. 
 
 accepUng, that is to say, First, the sum of ten thousand dollars currency, to be 
 paid to said party of the second part at any time after the solemnization of said 
 marriage, either in one sum or by instalments as the said party of the second part 
 may see fit. And should the said sum not have been paid or satisfied during the 
 existence of said marriage, and the said party of the second part survive the 
 said party of the first part, she shall immediately upon the decease of said party 
 of the first part have the right to claim and demand said sum or any part of the 
 same then unpaid or unsatisfied. 
 
 Second, movable property, household furniture and effects to the extent and 
 value of four thousand dollars currency, which the said party of the first part 
 hereby agrees to acquire, as soon as he can conveniently do so, lor and on behalf 
 of said party of the second part, and to maintain in good order and condition, 
 also to replace such as may become worn or destroyed, and this during the 
 existence of said marriage. 
 
 And it is covenanted and agreed that should the said party of the first part 
 become, during the existence of the said marriage, insolvent and subject to the 
 provisions of an Act or Court of Bankruptcy, without having first paid and 
 satisfied said sum of ten thousand dollars, then in such case, the said party of 
 the second part shall have the right to claim and demand the same or any part 
 thereof then unpaid or unsatisfied. 
 
 And it is further agreed that in the event of the death of the said party of 
 the second part before that of the said party of the first part, the said sum of 
 ten thousand dollars, and the said furniture and efiects, shall become the 
 property of the child or children issue of the said intended marriage, and failing 
 such child or children the same shall revert to and become the property of the 
 said party of th« first part, his heirs or assigns. 
 
 Done and psjssed at on the day, month and jear first above 
 
 written, and signed by the said parties with and in the presence of me, the said 
 Notary, these presents having been first duly I'ead in their presence, and 
 executed under the number 
 
 CONTRACT OF MARRIAGE, C. C. 1257 et seq. 
 
 Oommunlty of Property, acquests acqiieh only. 
 
 Befork, etc.. 
 
 Personally appeared, A., of the said City of Montreal, Dry Goods Merchant, 
 of the one part ; 
 
 And Miss B., of the said City of Montreal, minor daughter issue of the 
 marriage of S. B., of the said City of Montreal, with Dame M. N., his wife, and 
 by her said parents hereto specially authorized, as appears by their presence and 
 signatures hereto, of the other part. 
 
 Which said parties in view and with the intention of uniting themselves 
 in the Holy Bonds of Matrimony have formed and entered into the following 
 contract and agreement, that is to say. 
 
 Article 1. 
 
 It is hereby understood and agreed that community of property shall exist 
 between the said future consorts, according to the disposition," of the Civil Code of 
 Lower Canada, save and except the modifications hereinafter mentioned. 
 
MAURI AGE CONTRACT, WITH COMMUNITY. 
 
 139 
 
 
 Article 2. 
 
 The said future consorts shall not be responsible for each other's debts 
 contracted previous to the present intended marriage ; if any exist they will be 
 paid off and discharged by the one who shall have contracted them, without the 
 other or hi j or her property being liable therefor. 
 
 Article 3. 
 
 The property which the said A. declares to have brought with him into the 
 said community, and of which he has given communication to the said B., who 
 acknowledges to iiave seen and viewed the same, consists of : 
 
 1st. The stock-in-trade of his business, including shop fixtures and book 
 debts, amounting in all to the sum of ($9,000.00) j's established by careful 
 valuation. 
 
 2nd. Certain furniture and movable effects, clothing, linen, jewellery and 
 silverware, the lot valued at $800.00. 
 
 The said A. declares that there is due upon the said above mentioned stock 
 and movables the sum of four thousand dollars. 
 
 The said A. declares that he has acquired the said property by his own 
 work and savings. 
 
 Article 4. 
 
 The said B. hereby declares that she has brought into the said community 
 as her miirriage portion : 
 
 Ist. The sum of $4,000.00, amount due to her by C, of the said City of 
 Montreal, Merchant Tailor, and secured on lot official number , under and 
 
 by virtue of a certain deed of obligation and mortgage from the said C. to her, 
 bearing date and passed before , Notary Public, the , and 
 
 duly registered on the 
 
 2nd. The sum of $2,000.00 in cash. 
 
 3rd. Jewellery, trinkets and paraphernalia of the value of $600.00 
 currency. 
 
 The said B. declares that the said sums of money and effects were acquired 
 by her partly as heir-at-law and legal representative of her mother Dame , 
 
 and partly from her own savings. 
 
 4th. The said B. alw) brings into the said conununity her right and interest 
 in the estate and succession, not yet divided, of her father, the late , 
 
 to whose estate and succession she is heir-at-law for one-i aird, as appears by the 
 inventory thereof, bearing date and passed before , Notary Public, on 
 
 the day of , of which sh.ire and interest she has given com- 
 
 munication to the said A., who acknowledges the same and undertakes the care 
 thereof, and to account therefor to the said B. without requiring any further or 
 more formal application on her part. 
 
 Article 5. 
 
 The said parties hereto except from the said community all movable and 
 iunuovable property they may acquire by succession, donation, will or other 
 gratuitous title, thus reducing said community to one of acquests, acquets. 
 
 It is further declared thai the valuation hereinbefore made of the stock- 
 in-trade of the said A. is eciuivalent to the sale thereof to the said conununity 
 in such wise that the right of return which he may have occasion to exercise 
 
 r.« 
 
i 
 
 140 MARRIAGE CONTRACT, WITH COMMUNITY. 
 
 therefor is fixed at the said sum above mentioned, notwithstanding the future 
 progress of the business. 
 
 Article 6. 
 
 The survivor of the said future consorts shall pretake by way of prcnpnt 
 over and above his share before any division of the movables of the community 
 such of them he may wish to the value of live hundred dollars, at the valuation 
 fixed in the inventory which will be made thereof, or an equal sum in cash, at 
 his option. 
 
 Article 7. 
 
 The reinvestment of the exclusive property of each of the said future con- 
 sorts, which may be sold or otherwise disposed of during the marriage shall be 
 made as provided by law. 
 
 Article 8. 
 
 In the event of renunciation of community by the said B., or her heirs, 
 she or they will have the right to take and receive back whatever she brought 
 with her at the time of said marriage, and whatever may have l)een acquired 
 during the same whether by succession, donation, will or other gratuitous title, 
 and should the said B. make such renunciation she will have the right, in addi- 
 tion, to the prev'qnd, pretakings or right of survivorship al)()ve stipulated. All 
 said returns to be free and clear of all debts and charges of the said comnuinity. 
 
 Article S. 
 
 The survivor of the said future consorts will have the right to retain the 
 stock-in-trade and all the appurtenances and appliances of tlie business, as they 
 may be at the time of the death of either, at the price fixed thereon by the 
 inventory that shall be made thereof, or b; wo experts named 1)y the parties, 
 who, in case of difference or disagreement -nail appoint a third or umpire, (but 
 no charge for the good-will of the business shall be made in such valuation). 
 
 The said survivor shall impute the value of the said merchandise and 
 effects in part payment of all sums of money coming to him in ownership or 
 usufruct from the said community of property, and from the successi(>.i of the 
 deceased, and for the payment of whatever may remain due to the heirs of the 
 deceased, he will be entitled to a delay of two years computed from tlie date of 
 death of the deceased (without interest during said delay and without being 
 obliged to give security). 
 
 Tlie said survivor who chooses to exercise the rights aforesaid will l)e 
 entitled to the lease of the premises in wliich the said business is carried on, 
 and of tlie premises where the said parties have their residence, on paying the 
 rent thereof and complying with the cliarges and conditions connected there- 
 with, computed from the date of death of the deceased, in such a manner that 
 the heirs of the deceased sliall not be troubled on account thereof. 
 
 And if the said business is carried on in a property belonging to the said 
 community or to the succession of the deceased, the heirs-at-law of the deceased 
 consort will be bound, if tlie survivor so requires, to execute a deed of lease of 
 the said premises for nine years, at the rental and subject to such charges and 
 conditions as may be fixed thereon by experts duly cliosen, and the said sur- 
 vivor shall have the right to sublet the said premises without releasing himself 
 from the obligations contracted for the payment of the rent and the fulfilment 
 of the charges and conditions imposed. 
 
MARRIAGE CONTRACT, BEFORE WITNESSES AND DEPOSITED. 
 
 141 
 
 Article 10. 
 
 The said future consorts hereby make a donation into' vivos, pure, simple 
 and irrevocable, each to the other and to the survivor of them accepting thereof 
 respectively of the half of the movable and immovable property which shall be 
 found to bei')ng to the one who shall die first, and to compose his succession at 
 the time of his death, whatever said property may amount to <tnd wherever it 
 may be situated, without any exception or reserve, said gift to be enjoyed by 
 the said survivor in usufruct only during his life, computed from the date of the 
 death of the other, and the said survivor shall not be re(iuired to give security 
 therefor, but will be obliged to cause an inventory thereof to be duly made. 
 
 Done and passed, etc. 
 
 MARRIAGE CONTRACT, BEFOKE WITNESSES. 
 
 This Indenture made this day of between Peter Robinson, 
 
 of , of the first part ; and Miss Delima Lacrosse, of , of 
 
 the second part. 
 
 Witnesseth that the said Peter Robinson and Delima Lacrosse intending to 
 unite themselves in the Holy Bonds of Matrimony, and to establish their domi- 
 cile in that part of the Dominion of Canada constituting the Province of Quebec, 
 and being desirous of regulating and establishing beforehand their respective 
 rights and liabilities as to the property now possessed by them respectively, and 
 which they or either of them may or shall hereafter acquire, without being 
 governed in that respect either by the laws of their domicile or of the place 
 where such property may be situate, have contracted and agreed as follows, to 
 wit : 
 
 It is expressly covenanted and agreed by and between the said contracting 
 parties hereto that there shall be no comnumity of property commamvite de 
 hiens between them, either of the property real or personal which now belongs 
 to them or either of them, or which shall or may be acquired by them or either 
 of them during their said intended marriage, in any manner whatsoever, the 
 said parties hereby expressly renouncing all and every law, usage and custom 
 establishing such community of property. 
 
 And it is further covenanted and agreed between the said contracting 
 parties hereto that they and each of them shall separately and individually 
 hold, use and enjoy all and singular the movable and immovable property which 
 they or either of them may respectively and individually own on the day of 
 their said marriage, or which they or either of them may acquire during the 
 same either by donation, succession, purchase, gift, inheritance, legacy or other- 
 wise, as their own separate and respective property and properties, eft'ects and 
 estates, in every respect absolutely clear, free, 'Exonerated from and discharged 
 of and from all and every incumbrance, mortgage, hypothec, claim, debt or 
 demand whatsoever proceeding from the act or acts of the other. 
 
 And it is further stipulated and agreed by and between the'said contract- 
 ing parties that they and each of them shall have the whole and absolute 
 disposal and administration of their said separate and respective property and 
 estate without the let or hindrance of the other, he the snid Peter Robinson 
 hereby giving and granting to the said Delima Lacrosse all and every necessary 
 
142 MARltlAGK OONTIIAOT, liKh'ORK WITNESSES AiXD DEPOSITED. 
 
 ix>wer and authority for the free ami absohito inanagoiuent, achninistratioii and 
 disposal as she may be advised, and so far as such autliority can prospectively be 
 given of all and every part and portion of the said property movable and 
 immovable btdonging to her, ac(piirod or to b-i accpiired as aforesaid. 
 
 And in order to establish what shall constitute tlie property of each of the 
 said parties hereto, it is hereby declared that the property of the said Delima 
 Lacrosse shall consist of her wearing ap[)arel, jewels, trinkets and paraidier- 
 nalia {/icre imnfioii aiii/ ot/mr ohJerLs no rct/niriiKj It) and the household furniture 
 and eft'ects hereinafter mentioned, with all moneys, property and effects now 
 hv;ld by her and which she may hereafter ac([uire by purchase, gift, inheritance, 
 legacy or otherwise as aforesaid, wliich said property shall belong to her and 
 her heirs and assigns as her and their own absolute property, and all property 
 and effects which she the said Delinui Lacrosse cannot prove or justify as 
 belonging to her either by written acknowledgment or otherwise shall be con- 
 sidered the property of the said Peter Robinson. 
 
 And the said Peter Robinson and Delima Lacrosse do hereby further 
 covenant and agree to and witli each other that Jiey shall not be responsible 
 for each other's debts contracted previous to or during the present intended 
 marriage, but that such debts, if there are any, shall be paid off, liciuidated and 
 discharged by the one who shall have contracted the same, without the other or 
 his or her property being in any wise held answerable for the payment of the 
 same. 
 
 And should the said Delima Lacrosse during her present intended marriage 
 contract any debts or in any wise oblige herself for or with her said i)resent 
 intended husband jointly or severally, she tlie said Delima Lacrosse shall be 
 duly indenuiilied by the said Peter Robinson, his heirs and assigns, for the same. 
 
 It is further stipulated and agreed that the said Peter Robinson shall of 
 himself bear and pay all the necessary personal expenses of the said Delima 
 Lacrosse, and of the child or children which may be born of the present 
 intended marriage as well as all the household expenses. 
 
 And it is further stipulated and agreed by and between the said contract- 
 ing parties hereto that there shall be no dower whether custonuiry or j)re(ixed 
 8oU coitfuiiucr OH pie/ix in favor of the said Delima Lacrosse, who, for herself and 
 in the name of the child or children which may lie born of the present intended 
 marriage, renounces the same. 
 
 And it is further expressly agreed that no right of dower shall attach or 
 be chargeable on any lands or ])roperty which may be in that part of the 
 Dominion of Canada called Ontario, or elsewhere, and be held in the name of 
 the said Peter Robinson individually or jointly with others, to all which right 
 of dower and all tierce in and enjoyment of and right in or respecting which 
 she the said Delima Lacrosse doth hereby expressly renounce. 
 
 And the said Peter Robinson in consideration of the renunciation of dower 
 hereinbefore made by the said Delima Lacrosse, and inasmuch as it has been 
 hereby stipulated that there shall be no connuunity of property between them, 
 liath and he the said Peter Robinson doth by these presents give and grant and 
 make over by way of donation a tifrc de (loudlion, pure, niiiiple et Irrecocahle unto 
 the said Delima Lacrosse accepting thereof all and every the articles of house- 
 hold furniture and effects that may hereafter be found in and about the residence 
 of the said future consorts to the value of 5,000 dollars currency. 
 
Hi 
 
 MAUniAaE CONTRACT, liKFOltE WITNESSES AND DEPOSITED. 
 
 143 
 
 To Hiivo, Hold, Use niid enjoy the said articles of liouseliold funiidire and 
 eflects unto the said Deliina Lacrosse, her lieirs and assigns as her and their 
 al)Sohite property fon^ver by virtue of these presents. 
 
 And in fnrther consideration of the renunciation of dower herein))efore 
 made hy and on the part of the said UeHuia Lacrosse, and of there being no 
 connnunity of property between them, as above stipulated, the said Peter 
 Robinson iiath covenanted and agreed, and by these presents he dotii covenant 
 and agree that the sum of ten thousand dolhirs currency be by him settled on, 
 given and granted, and the same is hereby settled on, given and granted to the 
 said Delinia Lacrosse, accejjting thereof, in such wise that she sliall enjoy during 
 her natural life, in case she shall survive him the said Peter Robinson, or in the 
 event of his ])ankruptcy or insolvency', whichever event shall lirst happen, the 
 said sum of ten thousand dollars currency besides her own property, which said 
 sum at the death of the said Delima Lacrosse shall become the prope \v of the 
 child or children which may be born of the present intended marr.' , and in 
 default of a child or children shall revert to and become the property of the 
 heirs and legal representatives of the said Peter Robinson. 
 
 And the said Peter Robinson hath by way of collateral security for the 
 payment of the said sum of ten thousand dollars, for and in consideration of the 
 sum of one dollar said currency to him in hand paid by the said Delima Lacros«?, 
 the receipt whereof is hereby acknowledged, whereof quit, assigned and 
 made over to the said Delima Lacrosse, accepting thereof, a certain instrument 
 or policy of insurance efl'ected on his life for the sum of six thousaiul dollars 
 currency with the Sun Life Assurance Company of Canada, of which Company 
 he is the Agent in Montreal, signed by three of the Directors of said Company, 
 bearing date the first day of July last, and numbered 
 
 To Have, Hold, Use and Enjoy the said policy of life assurance and all 
 privileges and advantages derivable therefrom unto the said Delima Lacrosse, 
 her heirs and assigns, as her and their own property for ever by virtue of these 
 presents. 
 
 And the said Peter Robinson doth bind and pledge himself that he shall 
 and will pay the premiums regularly to the said Company in respect of the said 
 policy as the same become due, and will in all things truly and faithfully 
 observe and keep the terms and conditions of the said policy of assurance. 
 
 h\ witness whereof the said parties hereto have hereunto set their hands 
 and seals in duplicate at , the day, month and year first above written. 
 
 Signed, sealed and delivered > (Signed) [L.S.] 
 
 in the presence of ^ [L.S.] 
 
 (The above form to be used only when executed outside the Province of Quebec, 
 and to be signed in duplicate before two male witnesses of at least 21 years 
 of age, one of whom will make affidavit before the Mayor or a Judge, or the 
 British Consul. See 20 Vic, aip. 41-) 
 
 r 
 
 ACTE DE DEPOT OF ABOVE. 
 
 On this day, etc., 
 Before, etc., 
 
 Came and appeared Peter Robinson, of, etc., and Dame Delima Lacrosse, his 
 wife, by him hereto specially authorized. 
 
144 MARRIAGE, PETITION TO OPPOSE. 
 
 Who ackiiovvleilgod that they had signed, sealed and executed the ante- 
 nuptial contract of uuirriage hereto annexed, executed at the , as 
 their Tree and voluntary act, for the uses and purposes set forth therein, and did 
 re([uest uie the said Notary to receive the said ante-nuptial contract of marriage 
 and deposit the same as a minute of record in my office, there to remain among 
 my notarial records, to the end that authentic copies thereof may be made and 
 granted as often as required, and as to justice may appertain, which Ada de 
 Depot is hereby accordingly made. 
 
 In testimony whereof the said parties have hereunto set their hands with 
 and in the presence of said Notary, also heininto subscribing, these presents 
 having been first duly read and executed under the number 
 
 (Signatures) 
 
 Marrhuje, Dechtnitinn of TransmlsHion of Stock on, see Stock. 
 
 PETITIC TO OPPOSE A MARRIAGE, C. C. 13G ct scq., C. P. C. 990 et srq. 
 
 Pkov.nck of Quehec, > Superior Court. 
 
 District of $ Exparte. 
 
 A. B., opposant. 
 To the Honorable the Judges of the Superior Court for the District of, etc. 
 
 The Petition of A. B., of {residence and occupation,) 
 
 Respectfully represents : 
 
 That your petitioner is the father of D. E., minor daughter issue of his 
 marriage with Dame M. N., his wife. 
 
 That P. Q., {residence and occupation) pro[X)sing to marry the said D. E., 
 has taken measures to celebrate his marriage by having the banns published at 
 the parish church of 
 
 That your petitioner has not given his consent to the marriage ; but on the 
 contrary is opposed to it, and has reason to fear that the said D. E., by repre- 
 senting herself as of age, may by collusion with the said P. Q., succeed in having 
 the said marriage celebrated. 
 
 Whei'efore your petitioner prays that the cur6, priest or minister officiating 
 in the said parish of , and the said P. Q. be forbidden to proceed 
 
 with the celebration of the said marriage, — the whole with costs against tiie 
 said P. Q. 
 
 And you will do justice. 
 
 Dated at , the day of , one thousand eight 
 
 hundred and eighty-six. 
 
 Acknowledged before > . ,^ 
 
 {Notary or Advocate.) ^ 
 
MAYOmS CERTIFICATE. 145 
 
 ^ NOTICE OP OPPOSITION AT THE FOOT OP THE POREGOING 
 PETITION, C. C. 130 h. »., C. P. C. 990 a. s. 
 
 To , Cur<5 of the PiiriHh of 
 
 To P. Q. , (nrri(p(i(in)i. and residenrt'.) and 
 
 To D. E. , minor dunghtor of A. B., of (resilience and occapntina.) 
 
 Notice is lieivhy <,'ivon ciicli of you roapcctively that tlio opposition above 
 written will be presented to tlie Honorable the Jiidj^es of the Superior Court 
 (or to the Prothonotary if it is in vacation and there is no Judge present at the 
 chef-lieu at the time) for the District of , the thiy of next, 
 
 at o'clock in the fore (or after) noon, to obtain a decusion thereon. 
 
 Dated at , the , one thousand eight hundred and 
 
 eighty-six. 
 
 Acknowledged before > An 
 
 {Nut(tn/ or ' Advocate.) \ ^- ^' 
 
 Married Woman Aiil/iorizcd hi/ ILijihiind, see Woman. 
 
 MAYOR'S CERTIFICATE. 
 
 To all unto whom these presents shall come. I, Ilonore Beaugrand, Mayor 
 of the City of Montrea', in the Province of Quebec and Donunion of Canada,' do 
 hereby certify that C, whose signature and seal of office are subscribed and 
 affixed to the foregoing certificate of ths execution of a certain deed of sale, is a 
 Notary Pul)lic, duly commissioned and sworn in and for the Province of Quebec, 
 in the Dcminion of Canada, and that full faith and credit are and ought to be 
 given to such his certificate. 
 
 In faith and testimony whereof, I, tlie said Mayor, have hereunto set my 
 hand, and caused the seal of mayoralty of the said City of Montreal to be here- 
 unto affixed this day of , in the year of our Lord, one thou.sand 
 eight hundred and eighty-six, and in the fiftieth year of the Reign of Her 
 Majesty Queen Victoria. 
 
 H. Beaugrand, Mayor. 
 [L.S.'\ 
 
 
 Memoriid of a Jiifhpnod, see Jirdj/meiif. 
 
 Memorial of Notarial Oliliijafion, see OUiijatioii. 
 
 Memorial of Gift, see Donation. 
 
 Meutorial of Sale, see Sale. 
 
 Memorial of Sale hy way of Mortijage, see Ohlii/ation. 
 
 Memoriid to Preseroe the Ili/pothec resulting from Tutorship, see Tatorship, 
 
 Memori(d of Will, see Will. 
 
 Mining Lease, Assignment of, see Lease. 
 
 Minor, liatijication by, tohen of age, see Ratification. 
 
 Minors, Pttition to sell Stock, see Stock. 
 
 Minors, Sale of Immorahle, see Licitation. 
 
 
 M 
 
 
 \ s 
 
 i 
 
146 
 
 MITOYKNNKTt':, AGTK l)K, 
 
 MITOYENNETE, ACTE DE-OR SALE, C. C. 518. 
 
 On this day, etc., 
 
 Befoue, etc., 
 
 Personally Appeared, A. B., of , a bachelor, who has hereby Hold 
 
 with legal warranty, and free and clear of all inciunbranceH, 
 
 Unto C. D., of , present and accepting. 
 
 The right of mUoijcniuie in the North wall or gable of the hou.se belonging 
 to him the said A. B., situate on and known by the No. , Sherbrooke 
 
 Street, in , together with the land whereon the said wall is built and 
 
 which is known and designated {(jioe description) and adjoins the property 
 {descnjitioii) of the said C. D. 
 
 The said wall is constructed o^ {(jive vuderial) as the whole is more fully set 
 forth in a sketch or plan of said land and wall and proceH-vcrlxd prepared by M. 
 N., Architect, and annexed hereto, and identified by the signature of the parties 
 hereto, and me, said Notary. 
 
 Of all which the said C. D. declares to have a perfect knowledge, having 
 seen and viewed the same and is therewith content and satisfied. 
 
 The said A. B. acquired the land whereon the said wall, which he himself 
 erected, is built, from B. D., by deed of sale, etc. 
 
 To Have, Hold, Use and Enjoy the said mitoi/cn or common rights unto the 
 said C. D. and his assigns forever. 
 
 The present sale has been thus made for and in consideration of the sum of 
 $ , being the value placed on the ground and wall as the share of the 
 
 said C. D. by the said Architect, paid in cash by the said C. D. to the said A. B. 
 at the execution hereof, the receipt whereof is hereby acknowledged, whereof 
 quit. 
 
 Done and passed, etc. 
 
 MITOYENNETE, ACTE DE, C. C. 518. 
 
 On this day, etc., 
 
 Before, etc.. 
 
 Personally appeared, A. B., of of the first part; 
 
 And C. D., of of the second part ; 
 
 Who declared as follows : — 
 
 Whereas the said parties are owners of adjoining lots of land, situate and 
 fronting on Street, in the said City of Montreal, the lot of the said 
 
 A. B, known and designated as and the lot of the said C. D., known 
 
 and designated as 
 
 And whereas the said A. B. has erected a dwelling on his lot, the Western 
 wall or gable whereof is on the line of, and contiguous to, the Eastern boundary 
 of the lot of the said C. D., and is built one half on the land of each of said 
 parties. 
 
 And whereas the said C, D. desires to make use of the said Western wall or 
 gable of the said A. B's. house, in the erection of a dwelling upon the adjoining 
 portion of her lot, and has requested the said A. B. to sell and convey to her the 
 
"ttl 
 
 yoTA HI A l. OKltTIFICA TH. 
 
 147 
 
 rij,'ht {){' mltoi/annete, or iimlividod half owiiersliip, in Hiiid WcHteni wall, or gahlo, 
 and that tho waid wall may hu horoaftor dealt with according to the laws regu- 
 lating utitni/cn or common walls, and the aaid A. IJ. han agreed thereto ; 
 
 Now, therefore, these preH(!ntH, and I, the naid Notary, witnesHthat for, and 
 in consideration of the «uni of 1$ cash in hand, paid at the passing of 
 
 these presents l)y the said C. I), to the said A. IJ., the receipt whereof is herehy 
 acknowledged, whereof »piit, being for one half of the vahie of the masonry, 
 brick-work, and other accessories composing the said Western wall, or gable, as 
 fnlly detailed and set forth in the iirnrd^-irr/xi/ and plan or sketch thereof, made 
 by P. R. and S. M., of Architects, the experts chosen by the said par- 
 
 ties hereto, a copy whereof is hereto annexed, identified by the signatures of tlie 
 parties hereto, and Notary, he, the said A. B.,doth hereby sell and convey with 
 legal warranty, and free and clear of all incumbrances, unto the said C. D. there- 
 of accepting. 
 
 The right of mifoj/eniictd in tiie said Western wall, or gable, of his said 
 dwelling, which it is hereby declared shall henceforth be and remain together 
 with the land on which the same is built //(i7o//r», or in common, and be governed 
 by the laws respecting militi/en, or common walls. 
 
 Done and passed, &c. 
 
 Money Tendered, see Tender. 
 M(>r(ya</e, .sec OhVojation. 
 Mort</<i(/e, Extennlon of Tune, see OhJiijation, 
 Mort(/(i!/e, Memorial of, see Ohlijiition. 
 MortijiKje, Priority (rninfed, .see OhlUjdlion. 
 Mora/jU'.t, Doimtion of, see Donation. 
 Moi^ahles, Exchanye of, see Exehanye. 
 Moi-iddes, Pledge <f, see Pawn. 
 Movables, iSale of, see Sale. 
 
 
 Nomination of Experts, see Partage or Builder^ s Privilege. 
 Non-acceptance, see Bill of E.cchange. 
 
 NOTARIAL CERTIFICATE. 
 
 Dominion of Canada, 
 
 Province of Quebec, 
 District of Montreal. 
 
 I, Charles Cushing, a Notary Public, duly commissioned and sworn in and 
 for the Province of Quebec, residing in the City of Montreal, do hereby certify 
 and attest, unto all whom it may concern, that the foregoing {Power of Attorney) 
 was duly signed and sealed in my presence, and in the presence of {tioo or more) 
 
 
148 NVToniKTH, ACTK ESTMiUSIIlNd DKM'II AN It Tilt: II HI U.S. 
 
 Huhacribiii^ witnoHHeH thereto, !)y {tiainra/ vouHlitutiil) therfin iiuiiumI. To the 
 due execution whereof, uu Act being reijuested by tht; Hiiiil {nmnv of cniiMlitiinU) 
 I have grunted the Hiiuie, under my nutiirial form and .seal ot'olliue, tu Hurvu and 
 avail UH occasion Hhall or may re(|uire. 
 
 Done and pasHed, at the said City of iVIontreal, in the naid Dominion of 
 Canada (where wtamped paper is not used or reijuired l>y law) tins day 
 
 of in the year of our Lord one thousand eight hundred and eighty- 
 
 six. 
 
 C. Cushiug, Notary Public. 
 [LX] 
 
 Notarial Extract, sec Extract. 
 
 Note, Proviimory, me Proinlssorij Note. 
 
 Notice of Protest, see Bill of ExclmiKje or I^roinissori/ Note. 
 
 Notice to Reyislrar, see Iinviovuhle. 
 
 Notice to Sheriff of Ilt/iiothec, see Sheriff's Notice, 
 
 Notification, see Protent. 
 
 Notiitff for Non-acceptance, see Bill of Exchange. 
 
 Notinij Protest, see P'ldcst Inj Ship. 
 
 Notoriete, Actc de — {^See also TraiismisHion of Bonds. ) 
 
 1, Establishing Absence of Husband. 
 
 2. Establishing Death and the Heirs. 
 
 NOTORIETE, ACTE DE— ESTABLISHING ABSENCE OF HUSBAND. 
 
 Befoue, etc. 
 
 Personally appeared A. B. and C. D. (resiliences and occupations.) 
 
 Who hereby declare that they have for many years been well acquainted 
 with R. S., of Broker, the husband of Dame T. P., who has always 
 
 resided with him ; 
 
 And they, the said appearers, hereby aflinn, to all whom it may concern, as 
 true, and a matter of public notoriety, that the said R. S. left his home about 
 the without assigning any I'cason therefor, and without giving any 
 
 information of his intentions, and that he, the said R. S., has not since been 
 heard from, nor has he contributed in any way to the maintenance and support 
 of his said wife thus deserted, or of his children. 
 
 Acte whereof is hereby granted at their request to the said appearers, to serve 
 and avail as occasion shall or may require. 
 
 Done and passed, etc. 
 
 NOTORlfiTE, ACTE ESTABLISHING DEATH AND HEIRS. 
 
 Before, etc.. 
 
 Appeared A. B. and C. D., both of who hereby declare : 
 
 1. That they were well acquainted with the late M. N., in his lifetime 
 of Commercial Traveller, 
 
OliLlUATlON—IN Tilt: t'oHM oh' AyTlVllltKSh:. 
 
 Ill) 
 
 2. That ho wiiH well known ii» the Hon, }n>rn in lawful wedlock, of II. R. 
 ami Dame A. T., liin wife, both of cleceaHed. 
 
 3. That he (lied at the 
 
 ''/. That he waM uniuarried, and that Imh ueareHt heii'Mat law are (name tlutn 
 and llirir nl(i(i()ii»/ili>). 
 Whereof Ach-. 
 Done and i)a«8ed, etc. 
 
 (See also Declaration connected with the petition for the appointment of a 
 curator to an absentee.) 
 
 Nouvd TUre, see Tilre Nouvd. 
 
 Oath, Hce JJeclaratioH Solemn. 
 Oath of Alkylaiive, nee British Snhjeet, 
 Oath (if E.ci>er(», see Partaije. 
 Ohlitjution — 
 
 1. In the form of Antichrese, 
 
 2. In the form of Loan. 
 
 3. Mandate by the Borrower to execute. 
 
 4. SherilT'a Notice. 
 
 5. In the form of Obligation. 
 
 G. Joint and Hcvoral with Collateral Security. 
 
 7. Bottomry and Respondentia Bond. 
 
 8. Exten.sion of Time. 
 
 U. Memorial of Notarial Obligation. 
 
 10. Memorial of Sale by way of Mortgage. 
 
 11. Priority of Hypothec. 
 
 OBLIGATION OR ANTI'JIIRESE, PLEDGE OR PAWN OF 
 IMMOVABLE, C. C. 19G7. 
 
 On this day, etc., 
 
 Bkfoue, etc., 
 
 Personally appeared A. B. (residence and occupdtion. ) 
 
 Who acknowledged and confessed to be well and truly indebted unto CD. 
 (residetire and occupation) present and accepting in the sum of five thousand 
 dollars for a like sun heretofore received by him from the said C. D., the receipt 
 whereof is hereby acknowledged, whereof quit. 
 
 Which said sum of $5,000.00 the said A. B. hereby binds and obliges him- 
 self to repay to the said C. D. in five years from the date hereof, with interest 
 thereon, at the rate of seven jter centmn per annum, computed from the date 
 hereof, and payable as hereinafter mentioned. 
 
 As security for the due payment of the said sum and interest the said A. B. 
 has hereby assigned, conveyed, and made over to the said C. D. thereof accept- 
 ing in pledge, with legal warranty and free of all incumbrances. 
 
 !* 
 
150 onuoATWN—iy tiik form of astiviirfuk. 
 
 That certain immovable property (//tw*' (hftcriptlon), with tlie rights, mem- 
 bers, ami appurtenances thereto belonging. 
 
 The said A. 13. acquired the saici property {(jh-i- tith ) 
 
 The said property is suhjec a lease i'or nine years in tavor of M. N. 
 
 (resufetire tiiid oifit/Kifioii), computLv. from the first of May last { 188G), ata rental 
 of fifteen hum d dollars a yesir {sfali' hoio jKii/ahli), {he whole in terms of a 
 deed of lc^i.-<e passed before H. S., Notary Public, the 
 
 And in virtue hereof, the said C. I), will collect on his own receipts from 
 the said tenant, and all others who may hereafter (*ccupy said premi es, all the 
 rents accrued and to accrue therefrom, computed from the first of May last, and 
 until the full and final extinction of the present obligation, and it is hereby de- 
 clared that all tenants paying rent to the said CD. will, by such payment, be 
 released from all claims on the part of the said A. B., to the extent of the sums 
 paid, and to that effect tlie said A. 15. hereby subrogates and substitutes the said 
 C. D. in and to all his rights, actions and privileges against all said tenants. 
 
 It is expressly understood and agreed that out of the moneys to be received 
 by virtue of these presents by the said C. 1)., he shall pay : 
 
 1. All ta.xes and assessments that may be hereafter imposed upon the said 
 property, the said A. B declaring that there are no arrears. 
 
 2. The premiums of insurance against fire in respect to the policies 
 presently in force, or the premiums nece.ssai'y to maintain a like amount of 
 insurance in a good and solvent comi)any. 
 
 3. The cost of all repairs to said property, which the tenants are not obliged 
 || to pay, the I'epairs to be made under the supervision of the architect of the 
 
 said A. B. 
 
 After payment and deduction of the aforesaid charges and expenses, the 
 said C. D. shall impute the ])alance of moneys to be received by him in virtue 
 hereof, firstly in payment of interest, and the l)alance on account of the capital 
 of the present obligation, interest to cease on all capital repaid. 
 
 And so soon as the amount due in cai)ital and interest shall have been 
 recouped and paid to the said C. D., he will be obliged and he hereby under- 
 takes and binds himself to reconvey the said property to the said A. B., free of 
 i all incumbrances imposed by him, but subject to the then existing leases, the 
 
 '^ rents whereof shall be collected thereafter by the said A. B. at his own risk, 
 
 costs and charges. 
 { For the signification hereof the sai(^ 'parties constitute the bearer of an 
 
 authentic copy their Attorney, to whom > necessary power and authority is 
 hereby granted. 
 
 And for the execution hereof the said parties have made election of domi- 
 cile at 
 
 Whereof Arte. 
 
 Done and passed, etc. 
 
onUOATION—IN THE FORM OF LOAN. 
 
 161 
 
 OBLIGATION— IN THE FORM OF LOAN. 
 
 BEh'oUE A. TJ., the undorsignecl Notary Public for tho Province of Quebec, 
 residing in Montreal, 
 
 AiTKAUKi) The Sun Life Assurance Con»pany of Canada, a body politic and 
 corporate, having their head ollice and princi|)al place of business at the said City 
 of Montreal, and herein acting, re;'- !^"nted and accepting by Robertson Mac- 
 aulay, of the said City of Montreal, f.ie Managing Director of the said Company, 
 duly authorised for the purposes hereof, hereiinifter called tlij " Lenders" of tiie 
 one part, 
 
 And C. D. (re^lih'iue and ornipatloii), hereinafter called the "Borrower" of 
 the otijer part, who have agreed as follows : — 
 
 Loan, Repayment and Interest. 
 
 The said lenders have this day loaned to tlie said borrower the sum of 
 $10,0(I() currency, which the biu'rower acknowledges to huve received to his 
 satisfaction, whereof quit. 
 
 Which said sum the borrower promises and obliges himself to pay to the 
 lenders in live years from the date hereof, and not sooner without the written 
 consent of the lenders, and until repayment thereof to pay to the lenders interest 
 thereon at the rate of six pt'r cnifiini per annum, computed from , the 
 
 date hereof, and payaltle half-yearly on the days of and 
 
 in each year, the lirst payment whereof will become due on the 
 day of ne.xt. 
 
 All overdue interest shall bear, and the borrower promises to pay interest 
 thereon at the same rate as on said principal sum, from the date of maturity com- 
 pounded half-yearly. 
 
 Hypothec. 
 
 As security for the repayment of the said sum of $10,000, and the interest 
 thereon, the borrower specially mortgages and hypothecates to and in lavor of 
 the lenders the following immovable property, to wit : — 
 
 ^Drscrijifinti.) 
 
 Indemnity and Additional Hypothec. 
 
 Should the said property or any portion thereof be alienated b}' forced sale 
 before the complete repayment of the said loan, or dealt with in any way thiit 
 will require the lenders to receive their claim judicially, they will be entitled 
 to an indenniity eipial to six months' interest at the rate above stipulated upon 
 the amount of tiie loan then due, in principal, interest and accessories. 
 
 And to secure the payment of said compound interest, indenniily and other 
 accessories of this loan, such as Fire and liife insurance premiums, taxes, regis- 
 tration fees, or other sums which the lenders may expend by reason of this loan, 
 the borrower specially hypothecates the said property in favor of li.e lenders for 
 a lurther sum of 
 
 Qeneral Covenants. 
 
 The clauses and covenants contained in the supi)lementary deed hereto an- 
 nexed, l)eariiig even date herewith, .sliidl be as effective aiul binding upon the 
 parties as if they had been inserted herein and formed part he"eof. 
 
 {Insert, ifiiei'if hi'y the tfeclaratioii rft/iiiretl tn effeit leijal Nithrofft'tinn, />// C. C, 
 Article 11')'). ) 
 
 Done and passed, etc., 
 
 
 y' 
 
152 OBLIGATION— IN THE FORM OF LOAN. 
 
 SUPPLEMENTARY DEED. 
 
 Bkfore a. B., the undersigned Notary Public for the Province of Quebec, 
 residing in the City of Montreal. 
 
 Ai)[)eared The Sun Life Assurance Company of Canada, a body politic and 
 coriM)rate, having their head office and principal place of business at the said 
 City of Montreal, and herein acting, represented and acce])ting hy Roljcrtson 
 Macaulay, of the .aid City of Montreal, the Managing Director of the said 
 Company, diUy authorised for the purposes hereof, hereinafter called the 
 " Lenders " of the one part, 
 
 And C. D. {resilience and occupation) hereinafter called the " Borrower," of 
 the other part, 
 
 Who have covenanted and agreed that the clauses and conditions herein- 
 after mentioned will form part of the deed of loan entered into between the 
 said parties and passed before the undersigned Notary this day, under the 
 No. of his repertoire, and will be as binding as if they were contained 
 
 and inserted at full length in the said deed. 
 
 Borrower's Payments. 
 First. The payments of the capital sum of $10,000 and the interest thereon, 
 shall be made at the office in the said City of Montreal of the said lenders in 
 gold coin, at its present standard of value, and of its present weight and 
 fineness. 
 
 Secoiiif. Tiie borrower will pay regularly all municipal taxes and assess- 
 ments on the property mortgaged, and will exhibit the receipts therefor to the 
 lenders before the first of November in each year. 
 
 Third. The borrower will pay all fees, legal and notarial, connected with 
 the present loan including a copy for the lenders, costs of registration, renewals 
 of registration and sheriff's notices, and will furnish the lenders within thirty 
 days of its execution with a copy of every deed of mutation affecting said 
 property. 
 
 Insurance. 
 
 Fourth. As additional security for the said loan, and until repayment there- 
 of, the borrower will insure and keep insured against loss by lire with 
 
 , an insurance company approved by the lenders, the buildings 
 erected on the said property, for a sum not less than , the amount 
 
 loaned, and will transfer to the lenders the policy of such insurance and the in- 
 demnity which nuiy become due thereunder, i^nd will also deliver to the lenders 
 the receipts for the renewal of said insurance twenty-foar hours befor.' the ex- 
 pirv of the existi'ig insurance. In default whereof the lenders at their option 
 will have the right to insure at the expense of the borrower, without prejudice 
 to the lender's right to exact the immediate repayment of the loan as hereinafter 
 stipulated. 
 
 Penalty. 
 
 Fifth. Should the l)orrower fail to make any interest payment for fifteen 
 davs alter its uuiturity, or to maintain the fire and life insui-auce, or to pay the 
 taxes and assessments on said property', as alwve provided, the lenders may ex- 
 act the immediate repayment of the loan, with aa^ued intei'est, without any 
 judicial demand, notice, or other formality whatever. 
 
onUdATION—MANDATP: liY THE /iO/UtOWhlt TO KXKGVTK. 
 
 153 
 
 Oonaervation of the Property. 
 Sivlh. Tlio Immtowit will keep tlu; buildiiijfH on said property in a good 
 state of roi)uir, and will allow tlio lenders access to inspect the same I'roni time to 
 time, if desired. 
 
 The borrower will not permit any huihler's privilege to be created npon the 
 said property inider pain of causing the present loan to become fortiiwith 
 exigible. 
 
 Indivisibility. 
 
 Sereiiffi. The present loan is indivisible, and may be reclaimed by the lend- 
 ers in whole from ea(;h of the heirs of the borrower, conformably to Article 1123 
 of the Civil Code of Lower Canada. 
 
 Declarations of the BoriOT7er. 
 
 Eiijlilli. The borrower declares that the said property belongs to him abso- 
 Intely, and is free ;ind clear of all incumbrances. 
 
 Ninth. The borrower declares that th^' said property is not burdened with 
 any ])assive servitudes. 
 
 The titles and papers connected with the said property shall remain in the 
 hands of the said lenders until repayment of the said loan. 
 
 Matrimonial Status. 
 
 Election of Domicile, 
 
 And for the e.veeutiou of the present contract of loan and for all the purposes 
 of the [)resent deeds tiii' parties have made election of diijiicile at the olliee of 
 the lenders in the said City of Montreal, where, etc. 
 Done and passed, etc. 
 
 OBLIGATION— MANDATE BY THE BORROWER TO EXECUTE. 
 
 On this d.w, the of , one thousand eight hundred and 
 
 eighty-si.\, 
 
 Bkkoke Z. X., the undersigned Notary Public for the Province of Quebec, 
 residing in 
 
 Pei'S(nially appeared, (J. 1). [ri'ni<hiic<(ni(l occKpiUion.) 
 
 Who acknowledged to have seen and carefully examined the annexed draft 
 of (U'ed of loan lu'twi'i'n him the said ap[>earer and the Sun Life Assurance (Jom- 
 pany of Canada, and the Hupi)lementary deed thereto, containing covenants and 
 declarations relating to ♦'le loan referred to in siiid deed, |)repared by A. B., 
 Notary, of the (Jity of Alontreal, and to be content and satisfied therewith, ami 
 with all the clauses and covenants therein contained. 
 
 And to have nominati-d, constituted and appointed, as he doth hereby nom- 
 inate, constitute and appoint Thomas B. Macaulay, of the said City of Montreal, 
 Es((uire, the actuary of said comj)any, his true and lawl'ul attorney lor and in the 
 name ol him tin; said constituent to consent to, sign and execute in favor of said 
 company, the said deed of loan and supplementary deed (which have been in- 
 itialed by said coustituent and the undersigned Notary), whereby the said con- 
 stituent acknowledgt s himself indi'bted to the .said company in the sumof ^IU,U0(>, 
 repayable in live years, with interest thereon at the rate of six per centum per 
 Kinnnn payable haif-vearly iis therein mentioned, imd as securi*v lor the repay- 
 
164 OBLWATION—IN THE FORM OF OBLKiATlON. 
 
 ment of wiid sum, interest and accessories, mortgages and hypothecates the fol- 
 lowing innnovable pi-operty, which the said constituent dechires to well -and truly 
 belong to him and to be free and clear of all inciunbrances, to wit : 
 
 (/>(wv//>^/o?j.) 
 
 The said constituent fm-ther declaring that he gives to his said attorney full 
 power and authority to consent to all the other stipulations and conditions of 
 such deed of loan and supplementary deed as the said attorney in his judgment 
 may see fit. The said constituent hereby ratifying and confirnung and promis- 
 ing to ratify and confirm all and whatsoever his said attorney shall lawfully do 
 by virtue hereof. 
 
 Whereof Acte. 
 
 Executed and delivered en hrccef at , where the said appearer has 
 
 signed with and in the presence of the said notary after due reading hereof. 
 
 OBLIGATION— SHERIFFS NOTICE. 
 To the Registrar of the County of Argenteuil. 
 SiR,- 
 
 Take notice that the immovable hereinafter mentioned is hypothecated in 
 
 \ favor of The Sun Life Assurance Company of Canada, whose address and elected 
 
 i domicile is Montreal, P. (.}., for the sum of $10,000, besides interest, by virtue of 
 
 i; a deed of loan to C. D. {n-sidence and (ncajxillon), executed before A. B., Notary 
 
 * Public, the day of , 1880, copy whereof is delivered to you for 
 ^ registration herewith. 
 
 * Description of Immovable. 
 
 And we give you this notice of address in accordance with the provisions of 
 the Statute of the Province of Quebec. 4.3—4-1: Victoria, Chapter 2o, intituled '' An 
 Act to provide for the better protection of hypothecary creditors, and to give 
 ij greater publicity to the seizure and sale of real estate." 
 
 f Signed at the City of Montreal, this day of one thousand 
 
 ;. eight hundred and eiglity- 
 
 The Sun Life Assurance Company of Canada. 
 ; By 
 
 OBLIGATION AND MORTGAGE. 
 
 Bkkoue Z. X., the undersigned Public Notary for the Province of Quebec, 
 residing in the City of Montreal, 
 
 Appeared A. D. {residence and ovcupntion), hereinafter called the borrower. 
 Who acknowledged and confessed to be well and trulyi ndebted unto B. II., 
 of , hereinafter called the lender, hereto present and accepting ii; the 
 
 sum of 1^3,000, currency, for value which the said borrower doth hereby acknow- 
 ledge to have had and received of and from the said lender to his satisfaction, 
 whereof <[uit. 
 
 mmm 
 
olU.ltlATKiX IN THE I'Olt.M nl-' Dlil.K; ATloN. 
 
 155 
 
 
 Which Hiiid Minn the borrower herohy proiai.sos to well and truly pay unto 
 tlio lender in gold coin, at its present standard of value, in three years from the 
 date hereof, and not sooner witliout the consent in writing of the said lender, 
 with interest thereon until pai<l, at the rate of six per fenfiim per (tniiinn, com- 
 puted from tile date lien-of, said interest payable half-yearly on the days 
 of in each year, also in gold coin, the first payment whereof will 
 become due and be payable on the day of now next ensuing, 
 and said capital and interest payivble at {iiaine the plme^) 
 
 And for security of the due payment of the said sum and interest the 
 borrower mortgages and hypothecates to and in favor of the lender thereof 
 accepting the following immovable property, which he declares well and truly to 
 belong to him, and to be free and clear of all incumbrances to wit: 
 
 {Deseription of iiiiiiiovahle.) 
 
 It is herebv declared to be of the essence of this loan, and without which it 
 would not have been made, that if the borrower make default in any interest 
 payment for fifteen days after maturity, or fail to keep the insurance in force, or 
 pay the taxes and assessments on said property as they become due, the lender 
 may exact the capital and accrued interest without any judicial demand, notice, 
 or other formality, and in addition the borrower agrees to pay interest at the 
 same rate on all overdue interest. 
 
 Should the said property, or any portion thereof, be hereafter alienated by 
 forced sale, or dealt with in any way tliat will recjuire the lender to receive his 
 claim judicially, he will be entitled to receive and the borrower obliges himself 
 to pay an indemnity of ten iter eeut. upon and in addition to the amount of the 
 loan due, in principal, interest, and accessories. 
 
 And the borrower herelty further obliges himself immediately to insure and 
 until repayment of this loan to keep insured against loss by fire, with an insur- 
 ance company approved by the lender, for an amount equal to the sum loaned 
 the buildings erected on the said property, and to transfer to the said lender the 
 policy of sucii insurance, and the sum of money thereby secured, and to deliver 
 the receipt to the lender as the premiums mature, failing which the lender shall 
 have the right to insure at the expense of the borrower. 
 
 And to secure the payment of the said compound interest, indemnity, 
 insurance, premiums, taxes, fees an<l other accessories of this loan, the borrower 
 specially hypothecates said property for a further sum of {ijeiierally ten per cent, 
 of the lomi.) 
 
 The borrower to i)ay all counsel and notarial fees in respect hereof, and 
 costs of registration, renewals and sherifl's notices, and to furnish the lender 
 within ten days of its execution with a copy of every deed of mutation aflecting 
 said premises. 
 
 Done and passed, at the said City of Montreal, in the ofTice of , the 
 
 said Notary, on the day of , one tiiousand eight hundred 
 
 and , and signed by the said parties, with and in the presence of said 
 
 Notary, after due reading hereof. 
 
 
 I 
 
 ...>^ 
 
m 
 
 t 
 
 15G oliLhSATloS—lurVTiiMllY AND RKSroNDKNTIA lioXI). 
 
 JOINT AND SEVERAL OBLIGATION WITH COLLATERAL SECURITY, 
 
 C. C. 1103 et seq. 
 
 Befoke a. B., the undersigned Notary Public, for the Province of Quebec, 
 residing at 
 
 Personally appeared, C. D., E. F. and G. II., all of {residenctn and occii- 
 pat ions), 
 
 Who acknowledge themselves indebted to M. N. {re-sideiivv (inil ovcapntionH) 
 in the sum of % , lor value heretofore by them received, whereof (|uit. 
 
 Which said sum they do hereby promise, bind and oblige themselves jointly 
 and severally to well and truly pay to the said M. N., thereof accepting {feniis 
 of paipneiit. ) 
 
 And to these presents intervened P. Q. {rexidence and orcnjHitiun) who, as 
 additional security for the due repayment of the said sum of $ and 
 
 interest, hath hereby hypothecated to and in favor of the said M. N. {iltxcriplion 
 of iinmoiyibh. ) 
 
 Done and passed, etc. 
 
 BOTTOMRY AND RESPONDENTIA LOAN, C. C. 2504 d seq. 
 
 Before, etc., 
 
 Personally appeared, A. B., Master Mariner and owner of sixty-four sixty- 
 foui'lh parts, to wit, the whole of the brig " Fleetwind," of Halifax, in the 
 Province of Nova Scotia, 
 
 Who acknowledged and confessed to have received of and from C. D. 
 (residence and orciipafion) to his full and entire satisfaction at the execution 
 hereof, the sum of lour thousand dollars currency of Canada, whereof (juit. 
 ^ Which said sum the said A. B. hereby promises and binds himselt to well 
 
 I and truly pay to the said C. D., his agent or order, together with interest 
 
 \ thereon at the rate of (twenty) per centiun per annum computed from the date 
 
 t hereof, and payable with the principal, the whole within (three) days after the 
 
 I arrival of the said brig •' Fleetwind" at the Port of , in Brazil, 
 
 \ whither the said brig is bound, laden with a cargo of deals shii)ped on board 
 
 If at the Port of Montreal. 
 
 I And as security for the repayment of the said sum of four thousand dollars 
 
 I and the interest to accrue thereon as aforesaid, the said A. B. has hereby 
 
 i affected and hypothecated to and in ttivor of the said C. D. thereof accepting, 
 
 * the whole or sixty-i'our sixty-fourth parts or shares of, in and to the said brig 
 
 \ " Fleetwind," including her tackle, furniture, armament, provisions and freight 
 
 i earned and to be earned, and also including the said cargo of deals by special 
 
 I privilege accorded loans upon bottonu'y and respondentia. 
 
 '> The present deed or contract of loan upon bottomry and respondentia is so 
 
 I made upon the special condition and co\ Miant that, if the said brig " Fleet- 
 
 I wind " and her cargo shall be lost, wrecked or destro\-ed during the said 
 
 J voyage, owing to the perils of war or of navigation, the said C. I), shall lo.se and 
 
 I forfeit all claims for the repayment of the said sum and interest, otherwi.se tine 
 
 I present deed shall remain in full force, virtue and effect, and the said C. D. sliall 
 
 receive payment of the said sum loaned and interest accrued thereon. 
 
 Done and passed, etc. 
 
nniJOA ri(K\—MKMOlilA I. OF AoTA HI A /,. 
 
 167 
 
 EXTENSION OF TIME OF PAYMENT. 
 
 , tliu lendLT named in a corliiin 
 , executed hetbre , Notary 
 
 Before, etc., 
 
 Personally appeared, A. B., of 
 deed of loan l>y him to C. D., of 
 Puljlie, the , registered the 
 
 Who, at the request of the said C. D., has hereby extended the time for the 
 l)ayment of the sum of % , due under the said deed of loan, lor the 
 
 further term or period of years computed from the 
 
 The present delay or extension of time hiis been thus granted by the said 
 A. B. under the express reserve of all the rights, privileges and hypothecs 
 created, resulting and existing in his favor under and in virtue of the said deed 
 of loan, which shall not be novated or aflected hereby, but shall renuiin intact 
 and undisturbed. 
 
 The .said extension of time has been also grunted subject to the terms and 
 conditions contained in the said deed of loan, and especially to the conditions 
 following, to wit : 
 
 1. That the rate of interest shall continue and be payable as heretofore. 
 
 2. That in default of payment of the interest, tuxes or other sums stijju- 
 lated payable as therein mentioned, the capital shall be exigible. 
 
 3. That the said C. D. shall not have the riglit or be at liberty to pay the 
 said debt l)ef<)re the expiration of the delay hereby granted without the express 
 con.sent in writing of the said A. B. 
 
 And to these presents intervened the said C. D., wlio, having had and 
 taken conununication of these presents, agrees to and ratifies, and conlirms tiie 
 same. 
 
 Done and pas.sed, etc. 
 
 ./-•^ 
 
 MEMORIAL OF A NOTARIAL OBLIGATION, C. C. 2098, 2139 
 
 A memorial to be registered of a copy of a notarial obligation (or of the 
 original if it be the original) bearing date the day of , in the 
 
 year of our Lord , made an«l (-ntered into by A. B., of , 
 
 etc., before K. F., Public Notary, whei'eby the said A. B. acknowledged iiim.self 
 to be indebted to C. D., of , etc., in the .sum of dollar.s, to be 
 
 paid, etc , and for securing the jjayment of the said sum of money and interest, 
 hypothecated all that, etc., {iitHrrf the (/is<r!j>(!o)i o/ the hi/pothi'uteif pmiilwH us 
 nvdn'mril in the mtturial ohlij/ntiou), which .said copy of the .said notarial obliga- 
 tion is hereby recpiired to be registered by the said C. D. 
 
 As witness his hand this day of , etc. 
 
 Signed in the presence of C. D. 
 
 J. K. 
 L. M. 
 
 {One (if these loitne^ses must make affidavit be/ore the Jteifistrar or a Commis- 
 sioner of the Superior Court. But this and sinynlar memorials may be made in 
 dn plicate before a Notary or ttvo witnesses, without affidavit. See Stat. Que. 47 Vic, 
 Cap. 13, Sec. 3, 4, 5.) 
 
 M 
 
158 nltl.KlATloN—rnioniTY OF IIYroTllFAJ. 
 
 MEMORIAL OP A DEED OF BARGAIN AND SALE BY WAY OP 
 MORTGAGE, BEFORE WITNESSES, C. C. 204L 
 
 A nieiiiorial to bo rogiatered of a deed of hiirgaiii and Hale, bearing date 
 the day of , in the year of our Lord , made between 
 
 A. B., of , etc., of the one part, and (1 I)., of , et<!., of the 
 
 other part, by which said deed the said A. B. did grant, bargain, sell and coniirin 
 nnto the said C. I)., his heirs and assigns forever, sulyect nevertheless to 
 redemption upon payment to the said C. D., his heirs, executors, curators, 
 administrators or assigns of the sum of doUars and hiwfiil interest, as 
 
 in the said deed is expressed, which s^iid deed is witnessed, etc., ("/"''(/}/ here the 
 names of the witxr^ses to the execution of the deed.) 
 
 And the said deed is hereby required to bo registered by the siiid 0. D. 
 As witness his hand this day of , etc. 
 
 Signed in the presence of C. D. 
 
 E. P. 
 G. H. 
 
 PRIORITY OP HYPOTHEC. 
 
 Before, etc., 
 I Appeared, A., of, etc., 
 
 I Hyix)thecary creditor of M., of , under and in virtue of a certain 
 
 f deed of obligation consented by the said M. in his favor, executed before D. , 
 
 ^ Notary Public, tl»e day of , and duly registered the , 
 
 J" for the sum of % , secured on lot oificial number , who has 
 
 ;^ hereby formally consented that the hypothec created in favor of B , of , 
 
 I by the said M., for the sum of $ , and secured on said lot of land under 
 
 and in virtue of a certain deed of loan, executed before Z., Notary Public, 
 fi the , shall have priority over and shall rank before the said iiypothec 
 
 '■ in his favor above mentioned, as well for the capital of .-(aid loan as Ibr the 
 
 <f accessories thereto, as mentioned and covenanted in the said deed of loan. 
 
 The present priority of hypothec has been hereby granted without novation 
 of or derogation to any of the rights, claims or privileges contained and sot 
 J! forth in the said deed of obligation granted by the said M. t<j tiie said A., which 
 
 ' shall remain in full force, virtue and effect save as regards the priority herein- 
 
 r before given. 
 
 ; Done and passed, etc. 
 
 Opposition to Marri(i(je, see Marriiuje. 
 
rARTAdK, AGTK DK—IiKTWKEN llKIliS OF AOK. 
 
 Pa)'(a</<; Arte de — 
 
 1. IJetween IleirH of age, ( Voliiiitarij Invitation.) 
 
 2. Ik'tween Majors and MiiiorH. 
 
 3. Between Majors. 
 
 169 
 
 PARTAGK, ACTE DE, BETWEEN CO-PROPRIETORS, ALL OF AGE. 
 
 (N.B. — This is a purely voluntary proceeding, and is only given for the 
 sake of the covenants. ) 
 
 On this day, etc.. 
 
 Before, etc.. 
 
 Personally appeared, A. B., C. D. and E. F., all of , who have 
 
 proceeded to the friendly licitation between them of a property situate at , 
 
 and in which they have each an undivided third interest as sole heirs-at-law of 
 their father and mother, and have requested the said Notary to prepare condi- 
 tions of sale and conduct the proceedings necessary to accomplish such sale, as 
 
 follows : 
 
 Description of the Property. 
 
 Title. 
 
 PoBsession. 
 
 The purchaser shall have immediate possession and will be entitled to 
 receive the rents from the 
 
 Oharges and Conditions. 
 
 1. The purchaser will take the property in its present condition, without 
 any recourse against his co-[)roprietors for rejjairs or other defect.s, eiich of said 
 heirs declaring that he has seen the said property and is satisfied therewith. 
 
 2. He will maintain all passive servitudes and enjoy all active servitudes 
 attaching to the said property, with the right of defending himself against the 
 former and of availing himself of the latter at his own expense, 
 
 3. lie will respect the existing leases of the property in such wise that his 
 co-proprietors will not be disturbed by actions or complaints of the tenants. 
 
 4. lie will pay all taxes and assessments upon the said property computed 
 from the 
 
 5. He will maintain the existing insurance against fire so long as any 
 balance shall remain due by him to his co-proprietors, or either of them, on the 
 price of sale of said property. 
 
 0. He will pay the cost hereof and of the deed of sale in connection here- 
 with, and registration charges. 
 
 7. The consideration price shall be paid {state hoio and the rate of interest.) 
 
 8. The title deeds will remain in the hands of the undersigned Notary 
 until the payment of the whole consideration money, until which time they 
 will be considered as the property of the vendors, and thereafter shall be 
 delivered to the purchaser. 
 
 9. No bid will be received at less than $25 advance on the previous bid. 
 
 10. The parties hereto bind themselves to execute a deed of sale in accord- 
 ance with the terms hereof, under a penalty of $ , to be paid withou 
 reduction by the parties nonconforming to the ponies conforming hereto. 
 
 : ^ k'f, 
 
100 
 
 PART AGE, ACTE DK. 
 
 Sulyoct to the aforesaid oonditioiiH the 8iiid property wuh put up for saU^ by 
 R. O., of , Auctioneer choHen by the naid parties, there being no 
 
 l)idders present, save and exeept the said three co-proprietors, an<l after a 
 number of bids had been received by tiie said Aiictiont;er tlie said property 
 was fnially adjudged and knocked (h)\vn to the said C. 1). as the hist and bighest 
 l)id(h'r therefor for the price or sum of $ 
 
 The said C. D. thereupon accepted tlie said adjudication, and agrees to pay 
 the price on tiie execution of the deed of sale, say within ten days. 
 
 And for tlie execution hereof, etc. 
 
 Dune and passed, etc. 
 
 PARTAGE, ACTE DE, BETWEEN MAJORS AND MINORS. 
 
 1. Petition for Tutor wl hoc to each Minor. -2. Family Oounoil. 3. Issue of Writ. 
 —4. Plea.- 5. Consent of Defendants.— 6. Declaration not to contest. -7. Admissio i of 
 Plea.— 8. Motion to Appoint Experts.— 0. Judgment Naming Experts. 10. Oath of 
 Experts.— 11. Notices by Experts to Plaintiffs an i Defendants. - 12. Report of Experts. 
 —13. Motion to Homologate Report. 14. Motion for the Appointment of a Notary to 
 prepare a Scheme of Division.— 16, Appointment of Notary as Pnitirim.— 10. Notice 
 by Plaintiffs to Defendants to Appear before the Notary, Practitioner. 17. Act of 
 Appearance —18. Sta'iement and Report of the Practitioner. -10. Petition to Consider 
 the Scheme. -20. Family Council Approve Scheme.— 21. Motion to Homologate 
 Scheme. -22 Judgment Ordering Drawing of Lots.— 23. Drawing Lots.— 24. Inscrip- 
 tion for Pinal Hearing.— 25. Judgment. 
 
 ACTE DE PARTAGE, C. C. 089 et scf/.— MINORS.— JUDICIAL.— NO 
 
 OPPOSITION. 
 
 
 Petition for Tutor a<l hoe to each Minor. 
 
 Province of Quebec, > 
 District of Montreal. ^ 
 
 To the Honorable the Justices of Iler Majesty's Superior Court for Lower 
 Canada in and for the District of Montreal, or to the Prothonotary of said 
 Court, 
 
 The Petition of Thomas James Marling, of the City of Mcmtreal, Gentle- 
 man, the tutor duly appointed en justice to Christina Jane Marling, Andrew 
 Marling, William Marling and Lsabella Marling, minor children issue of the 
 marriage of the late Dame Jane Graham, deceased, in her lifetime of Montreal, 
 with tbe late Robert Marling, also deceased. 
 
 Respectfully represents : 
 
 That the said late Robert Marling and Jane Graham, who were in ccnn- 
 munity of property, departed this life without having made a Last Will and 
 Testament, and leaving as their heirs-at-law the said Thomas James Marling, 
 
■!• 
 
 PAIiTMli:, ACTH l)N MAJnltS AND MLWoliS. 
 
 ii;i 
 
 KdlK'rt iMiirliiii;', ('IciU. iiiul .Idliii (Iiiilr.im .Miirliii-r. ('li'ik, Ixtlli of tlu; suid ('ity 
 of iMoiitrt'iil, iiiid tli(t Hjiid iiiiiiorH. <!liristiii;i .liiiic Miirliii^, Andrew iMtirliiig, 
 Williaiii Marliii^ iiiid Isnhcdla Miiiliiij;', wlio as siicli aro tlio owiiern and proprie- 
 tors ol'tliL' property hi'loiijrin;^ to the said foiiiininiily, whii-li is undivided. 
 
 That the said Kohert Marling and Joiin (iiahani Mariin;.; are about to 
 inslitutu an action deinandinfjj the partition of said property, and it in therefore 
 necessary that a separate and special tutor he ^iven to each of the said nunora 
 to represent them and look after their interests in tiie said partition. And in- 
 asnuicii as thi' property comprised in the said estate is susceptible of division, it 
 is (h'sirable that tiie several tutors appointed to said minors be aiitiiori/AMl to 
 waive ail didays ou said suit, and to facilitati' and expedite tlie said i)artitiou. 
 
 Wlierefore, Your Petitioner ])rays that Your Honors, or one of your 
 Honors. (U- tiie Protlionotary, will summon and notify the relatives and friends 
 of siiid minors to ap[)ear Ijcl'ore you and >j,ive their advice in the promises, and 
 thereu{)ou apfioiut a tutor ml Imr to each of the said minors for the purpose 
 (jf rt present iujj; them at the ])artition of the said estate, with authority to 
 facilitate and hasten the said partition. 
 
 And your I'etitioiu'rs will ever pray. 
 
 Montreal, KMli December, 188-1. 
 
 (Signed) C. Cnshiuf,', N.P., 
 
 for the Petitioner. 
 
 Let the relatives, and in default of lelatives, the friends of the said minor 
 children appear before us this day, to j;,ivt! their advice njion the contents of the 
 said petition. 
 
 Montreal, lOtli Uecendjer, 1884. 
 
 (Signed) Honey & Gendroii, P.S.C. 
 
 Family Oounoil. 
 
 Be it renauubered that on the tenth day of Decenil)er, one thousand eight 
 hundred and eighty-live. 
 
 Personally came and appeare<l liefore the undersigned Prothonotary of the 
 Superior Court for Lower tJanada, in the District of Montreal, Thomas .lames 
 Mailing, of the city of Montreal, (ientlemau, the tutor duly named totjhristina 
 Jane Marling, Andrew Marling, William Marling and Isabella Marling, minor 
 children issiu; of the uiariiage of tlu; late Dame .lane (iraham, in her lifetime of 
 Montreal, with the late Robert Marling, also deceased, who by virtue of the liat 
 upon the petition presented to us this day for the pur[)ose of the ai)pointing a 
 tutor (/(/ /(or to each of the above named minor children to re[)i'esent them in the 
 l)artition ot the property belonging to the estates and successions of the said 
 late .lane (irahaui and Hobert Marling, their mother and father, hath caused to 
 be cited before us a competent ninnber of the relatives and friends of said minor 
 children, viz., Andrew Marling, senior, Cutter, paternal inide to the said 
 minors, Thomas Marling, Cutter, i)aternal cousin, Andrew Marling, junior, 
 IJookkeeper, paternal cousin, Samuel Higgiubottom, Merchant Tailor, Robert A. 
 Dunton, Es(inire, Notary, Francis Samuel Mackay, Student, and Robert Ale.v- 
 ander Beeket, Printer, all of the City of Montreal, and the four last named friends, 
 in defaidt (jf relatives, who having heard the saiil [jctition read, and being duly 
 sworn to give their atlvice on the i)reinises, unanimously say that they are of opi- 
 nion that the said Andrew Marling, senior, be api)ointed tutor xdhor to Christina 
 Jane Marling, the said Thomas Marling, be api)ointed tutor <i(/ //or to the 
 
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162 
 
 PARTAaK, ACTK DK—MAJOllS AM) MINUliS. 
 
 said Andrew Marling, the said Andrew Marling, jiuiior, be appointed tutor ad 
 hoc to the said William Marling, and the said Samuel Iligginbottom be appointed 
 tutor ad hoc to the said Isabella Marling, and they have signed, 
 
 (Signed) Andrew Marling. 
 
 "■ Thos. Marling. 
 
 " A. Marling. 
 
 " Samuel Higginbottom. 
 
 (Signed) R. A. Dunton. 
 
 " Frs. Samuel Mackay. 
 
 " R. A. Becket. 
 
 Whereupon the said advice is by us the said Prothonotary ratified and con- 
 firmed, and it is ordered in consecpience that the said Andrew Marling, senior, 
 be and remain tutor ad hoc to the said Christina Jane Marling ; that the said 
 Thomas Marling be and remain tutor ad hoc to the said Andrew Marling ; that 
 the said Andrew Marling, junior, bo and remain tutor ad hoc to the said William 
 Marling ; and that the said Sanuiel Iligginbottom be and remain tutor ad hoc 
 to the said Isabella Marling, to represent each of said minors in the partition of 
 the property composing the estates and successions of the said late Jane 
 Graham and Robert Marling. 
 
 Which tutors (((Z hoc being now personally present have voluntarily accepted 
 of the said charges, promising upon oath faithfully to discharge the trusts 
 reposed in them, and they have signed. 
 
 (Sig'ied) Saml. Higginbottom. 
 
 Honey &Gendron,P.S.C. 
 
 (Signed) Andw. Marling, senr. 
 " Thos. Marling. 
 
 " A. Marling, jr. 
 
 Certified to be a true copy of the original remaining of record in the office 
 of the undermentioned Prothonotary of the said Court. 
 
 J. E. Champoux, Deputy P.S.C. 
 
 i, y 
 
 Affidavit n: Family Council. 
 
 Province of Quebec, } 
 District of Montreal. $ 
 
 Thomas James Marling, of the City of Montreal, in said Province, Gentle- 
 man, being duly sworn on the Holy Evangelists, deposeth and saith Christina 
 .j'ane Marling, Andrew Marling, William Marling, and Isabella Marling, 
 the minor children issue of the marriage of the late Dame Jane Graham 
 and the late Robert Marling, named in the annexed petition, have no other 
 male relatives in the District of Montreal than yVndrew Marling, senior, Thomas 
 Marling and Andrew Marling, junior, all of whom are here present. 
 
 Sworn before me at Montreal, ^ 
 
 the twentieth day of De- > (Signed) Thos. J. Marling, 
 
 cember, 1884. ) 
 
 (Signed) C. Gushing, 
 
 Conimr. Sup. Court, Dist. Montreal. 
 
 Iti! 
 
PARTAUK, AGTE DM—MAJORH AND MINORH. 163 
 
 Issue of Writ for Action on partake. 
 
 Canada. "i 
 
 Province of Quebko, > In the Superior Court. 
 
 District of Montreal. ) 
 
 Robert Marling and John Graham Marling, both of Jacksonville, in the 
 State of Florida, one of the United States of Amer'L\a, Plaintiffs, 
 
 vs. 
 Thomas James Marling, of the City and District of Montreal, Gentleman ; 
 Andrew Marling, senior, of Montreal aforesaid. Cutter, in his capacity of tutor 
 ad Itoc duly ai)i)ointed for the purposes hereof to Christina Jane Marling, a 
 minor child issue of the marriage of the late Robert Marling in his lifetime of 
 Montreal aforesaid. Merchant Tailor, and the late Dame Jane Graham, his wife ; 
 Thomas Marling, of Montreal, aforesaid. Cutter, in his capacity of tutor ad hoc 
 duly appointed for the purposes hereof to Andrew Marling, a minor child issue 
 of the marriage of the said late Robert Marling, and his wife the said late Dame 
 Jane Graham ; Andrew Marling, junior, of Montreal aforesaid, Book-keeper, in 
 his capacity of tutor ((d Jioc duly a])pointed for the purposes hereof to William 
 Stewart Marling, a minor child issue of the marriage of the said late Robert 
 Marling, and his wife the said late Dame Jane Graham ; and Samuel Iliggin- 
 bottoni, of Outremont, in the District of Montreal, Merchant Tailor, in his 
 capacity of tutor ad hoc duly appointed for the purposes hereof to Isabella 
 Reaburn Marling, a nunor child issue of the marriage of the said late Robert 
 Marling, and his wife the said late Dame Jane Graham, .Defendants. 
 
 I appear for the Plaintiffs, and require the issue of a Writ of Snnnnons 
 against the Defendants in an action en partagc. Returnable the twenty-third 
 day of December instant. 
 
 Montreal, Tith December, 1884. 
 
 (Signed) S. A. Lebourveau, 
 
 Attorney for Plaintiffs. 
 
 Superior Court 
 FOR LoAVER Canada. 
 District of Montreal. 
 
 VICTORIA, by the Grace of God, of the United Kingdom of Great Britain 
 and Ireland, Queen, Defender of the Faitli. 
 
 To any of the Bailiffs of the said Superior Court, acting in the District of 
 Montreal 
 
 We command you to summon within the limits of the District of Montreal, 
 Thomas James Marling, of the City and District of Montreal, Gentleman; 
 Andrew Marling, senior, of Mt)ntreal aforesaid. Cutter, in his capacity of tutor 
 ad hoc duly appointed for the purposes hereof to Christina Jane Marling, a 
 minor child issue of the marriage of the late Robert Marling, in his lifetime of 
 Montreal aforesaid. Merchant Tailor, and the late Dame Jane Graham his wife ; 
 Thomas Marling, of Montreal aforesaid, Cutter, in his capacity of tutor ad hoc 
 duly appointed for the purposes hereof to Andrew Marling, a minor child issue 
 of the marriage of the said late Robert Marling, and his wife the said late Dame 
 Jane Graham; Andrew Marling, junior, of Montreal aforesaid, Bookkeeper, in 
 
.lf,.v 
 
 ■^^is 
 
 1 ^^ 
 
 ill ; 
 
 m 
 
 '4' '■ 
 
 1' ^ 
 
 l' ' 
 
 III 
 
 
 164 
 
 rARTAUK, AC'TI-: DN-MAJORS AM) MINORS. 
 
 his capacity of tutor ad hoc duly appointed foi' the purposes hereof to Williaui 
 Stewart Marling, a minor child issue of the niarria,i2,'e of the suid late Itohert 
 Marling, and his wife the said late Dame Jane Graham ; and Siimucl lliggin- 
 hottom, of Outremont, in the District of Montreal, ^rerchant Tailor, in liis 
 capacity of tutor («l Jinr duly appointed for tiie purposes hereof to Isahella 
 lleahurn Marling, a minor chihl issue of the marriage of the said late Robert 
 Maiding, and his wile the suid late Dame Jane (irahani. to he and appear 
 before us, in our said Superior (Jourt for Lower Canada in the City of Montreal, 
 in the said District of Montreal, on Tuesday, the twenty-third day of Decendjer 
 instant, to answer Rolu-rt Marling and .John (Iraham Marling, both of Jac!'son- 
 ville, in the State of Florida, one of the United States of America, Planiers, of 
 the demandc contained in the annexed declaration ; and have you then and 
 there this writ. 
 
 In witness whereof we have caused the seal of our said Court to be here- 
 unto atFixed, at Montreal, this twellth day of Decendjer, in the year of (Mir 
 Lord, one thousand eight hundred and eighty-four, and in the forty-eighth 
 year of our Reign. 
 
 (Signature) 
 
 I, the undersigned William Conway, residing in the (Jity of Montreal, one 
 of the sworn Bailifl's of the Superior Court lor Lower Canada, api)ointed and 
 acting in and for the District of Montreal, do hereby certify and return under 
 my oath of otlice ; that on the twelfth day of December, eighteen hundred 
 and eighty-four, between the hours of four and six of the clock in the afternoon, 
 I did serve the within named Defendants, Thomas James Marling, Andrew 
 Marling, senior, EnqHtilite, etc., etc., etc., {naiii!}!;/ tin- rest) with the within 
 oi'iginal Writ of Summons, and Dechvation thereunto annexed, by leaving true 
 and certilied copies thereof with each of them, by speaking to and leaving the 
 same with each of them in per.son in the City of Monu'eal. 
 
 And I further certify that the distance from the Court House, in the City 
 of Montreal, and from my residence to the aforesaid places of service is about 
 four miles, and that I necessarily travelled to effect said sei vices five nnles. 
 Fees $3.75. 
 
 Montreal, 12th December, 1884. 
 
 W. Conway, B.S.C. 
 [L.S.] [L.S.] 
 
 V, '(1 
 
 n: 
 
 ! 
 
 Plea. 
 
 Canada. 
 Province ok Quebec, 
 District of Montreal. 
 
 In the Superior Court. 
 
 Robert Marling, et al F-laiiiiiffs, 
 
 vs. 
 
 Thomas James Marling, et al, eiqual Defetidaxtfi. 
 
 Robert Marling and John Craham Marling, both of Jacksonville, in the 
 State of Florida, one of the United States of Americii. Planters, Plaintilfs, com- 
 plain of Thomas James Marling, of the City and District of Montreal, Gentleman ; 
 Andrew Marling, senior, of Montreal aforesaid, ('utter, in his ca])acity of tutor 
 ad hoc duly appointed for the purposes hereof to Christina Jane Marling, a 
 
PARTAdE, AGTE DE— MAJORS AXD MINORS. 165 ,. 
 
 minor child issue of the marriage of tlic late Robert Marling, in his lifetime of ), 
 
 Montreal aforesaid, Merchant Tailor, and the late Dame Jane Graham, his wife ; ^ 
 
 Thomas Marling, of Montreal aforesaid. Cutter, in his capacity of tutor ad hoc \ 
 
 duly appointed for the purposes hereof to Andrew Marling, a minor child issue ; 
 
 of the marriage of the said late Robert Marling, and his wife the said late Dame j! 
 
 Jane (Jraham; Andrew Marling, j\niior, of Montreal aforesaid, Ro()kkeej)er, in \ 
 
 his capacity of tutor ad lior ([\\\y ai)pointed for the piirposes hereof to William ;! 
 
 Stewart Marling, a minor child issue of the marriage of the said Inte Robert ;| 
 
 Marling, and his wife the said late Dame Jane (iraham ; and Samuel Iliggiu- 'j 
 
 bottom, of Outremont, in the District of Montresd. Tailor, in his capacity ol' tutor ,j 
 
 ad hoc duly appointed for the purposes hereof to Isabella Marling, a minor child ! 
 
 issue of the marriage of the late Robert Marling, and his wife the said late j 
 
 Dame Jane Graham, Defendants, and declare : ij 
 
 That the said late Robert Marling, and the said late Dame .Fane Graham i 
 
 were duly united in the holy bonds of matrimony, without having previously : 
 
 entered into any ante-nuptial contract, and by reason thereof connnunity of ;j 
 
 property existed between them. ;; 
 
 That the said Plaintiffs, and the said Defendants, Thomas James Marling, i 
 
 Christina Jane Marling, Andrew Marling. William Stewart Marling and IsabeUa \\ 
 
 Reaburn Marling are the children lawful issue of the marriage of the said late j 
 
 Robert Marling and his wife the said Dame Jane Graham. i 
 
 That the said late Robert Marling dei)arted this life at Montreal aforesaid '\ 
 
 on or about the twenty-ninth day ofSeptember, eighteen hundred and seventy- ' 
 
 two, and the said late Dame Jane Graham dejjarted this life at Montreal ;i 
 
 aforesaid on or about the twenty-second day of March, eighteen hundred and ;| 
 
 eighty-three, both in^^estate. ; 
 
 That after the decease of the said late Robert Marling no inventory of the j 
 community of property which existed between him and the said l)ame Jane 
 Graham was made, and therefore the connnunity of property- continued between 
 the said late Dame Jane Graham and the said children issue of her marriage 
 with the said late Robert Marling. 
 
 That the said Plaintiffs and the said Defendants, Thomas James Marling, 
 and the said Christina Jane Marling, Andrew Marling, William Stewart 
 Marling, and Isabella Reaburn Marling are the legal heirs and the only heirs 
 
 of the estate and succession of the said late Robert Marling and of his wife ,■,, 
 the said late Dame Jane Graham. 
 
 That there has been no division or partage of the said estate and succession ! 
 of the said late Robert Marling and his wife the said late Dame Jane Graham, 
 
 and the said estate and succession consisting of properties moveable and ; 
 
 innnoveable, debts and credits is now held and possessed by the said heirs I'' 
 
 thereof in connnon. ' ; 
 
 That as such heirs of said estate and succession, the Plaintiffs are heirs of 
 
 and entitled each of them to one-seventh part or portion thereof, and as such \\ 
 
 are desirous of having the said estate and succession divided and partitioned || 
 
 among the heirs thereof, so that the part or portion thereof now in law vested .! 
 
 in and belonging to each of said Plaintiffs, to wit, the one-seventh part or i 
 
 portion thereof may be ascertained and known, and said Plaintitfs may be put !• 
 
 in possession each of them alone, and may hold, use, enjoy and dispose of as his I 
 
 own property of the part or portion of said estate and succession api)ertaining to ;| 
 him. And that the parts or portions of said estate and succession appertaining 
 tt) the other heirs thereof, to wit, to the said Defendants, Thomas James 
 
166 
 
 PARTAdK, AGTE DE— MAJORS AND MINORS. 
 
 Marling, ami the said Cliri.stiiia Jane Marling, Andrew Marling, William 
 Stewart Marling, and Isabella Reabiirn Marling may be ascertained and set apart 
 for each of thera. 
 
 That the said Christina Jane Marling, Andrew Marling, William Stewart 
 Marling and Isabella Reabium Marling are minors. 
 
 Th it heretofore, to wit, at Montreal aforesaid, on the tenth day of Decem- 
 ber instsMit (188-4) upon the advice of a family conncil duly convened and held 
 for that pi:rpose the said Defendant, Andrew Marling, senior, was duly appointed 
 tutor ad hue to the said Christina Jane Marling ; the said Defendant. Thomas 
 Marling, tntov (id Iinr to the said Andrew Marling; the said Defendant, Andrew 
 Marling, jiinior, tutor iid hoc to the said William Stewart Marling, and the s;iid 
 Defendant, Sanuiel lligginbottom, tutor ad line to the said Isabella Keal)uru 
 Marling, for the purpose of representing them in the present matter, and in the 
 division or partage herein denuinded of the said estate and succession of the 
 said late Robert Marling and his wife the said late Dame Jane Graham, which 
 said act of tutorship hath been duly registered. 
 
 That the said Defendants, Andrew Marling, senior, Thomas Marling, 
 Andrew Marling, junior, and Samuel Higginbottom have accepted such appoint- 
 ments as such tutors (td Itor as aforesaid. 
 
 Wherefore the Plaintiffs bring suit, and pray that the said Defendants in 
 their respective qualities be summoned to be and appear before this Honorable 
 Court to answer the premises. That by the judgnuMit herein to be rendered, 
 it be dedai'ed that the said Plaintiffs are entitled to have a division and 
 partition of said estate and succession made. And that on proceedings duly 
 had according to law, the part or portion of the estate and succession of the 
 said late Robert Marling and his wife the said late Dame Jane Graham, apper- 
 taining to each of the said heirs thereof be ascertained and divided in such 
 manner that the said Plaintiffs and the other heirs thereof be each of them put in 
 possession as sole proprietor of the part or portion of said estate and succession 
 appertaining \o ^ach of them, and tliat experts be duly named to ascertain the 
 immoveable property belonging to said estate and succession, and whether the 
 same can be divided and partitioned without .sale thereof, to value such immov- 
 able property, and to report thereon to this Honorable Court, and that in case 
 such division and partition cannot conveniently be made that the said inunov- 
 able property, or such part thereof as may be necessary, be sold in due course 
 of law, the whole with costs, including costs of Exhibits herein fyled against 
 said estate and succession, unless the Defendants contest this action, in which 
 case, with costs against Defendants, of which costs the undersigned Attorney 
 prays distraction. 
 
 Montreal, 12th Decendjer, 1886. 
 
 (Signed) S. A. Lebourveau, 
 
 Attorney for Plaintiffs. 
 
i^! 
 
 PARTAOK, ACTK DE— MAJORS AND MINORS. 
 Consent of Defendants (to Avoid Delay.) 
 
 167 
 
 Canada. 
 Province of Quebec, 
 Diistrict of Montreal. 
 No. 244. 
 
 In the Superior Court. 
 
 Robert Marling, et al. 
 
 ,Phihi(lffs, 
 
 vs. 
 Thomas Jamea Marling, ct al e-sqnal Defetiuants. 
 
 The said Dcfondants appear in this cause by the undersigned their Attor- 
 neys, and hereby consent that the Writ of Summons herein be returned into 
 Court on the sixteenth day of Decendjer instant, and hereof pray Acte. 
 
 (Signed) Macmaster, Hutchinson & Weir, 
 
 Attorneys for Defendants. 
 
 Rc'ceived copy. 
 (Signed) S. A. Lebourveau, 
 
 Attorney for Plaintiffs. 
 
 
 \m 
 
 Canada. 
 PuoYiNCE OF Quebec, 
 District of Montreal. 
 No. 244. 
 
 Declaration of Defendants not to Contest 
 
 In the Superior Court. 
 
 Robert Marling, et al Plaintiffs, 
 
 vs. 
 
 Thomas James Marling, ct al, esqiuil Defendants. 
 
 The said Defendants hereby declare that they do not intend to contest or 
 plead to the present action and demand of said Plaintiffs, and hereof pray Arte. 
 
 (Signed) Macmaster, Hutchinson & Weir, 
 
 Attorneys for Defendants. 
 Received copy. 
 (Signed) S. A. Lebourveau, 
 
 Attorney for Plaintiffs. 
 
 Admission of Plea by Defendants. 
 
 Canada. i 
 
 Province of Quebec, > In the Superior Court. 
 
 District of Montreal, j 
 No. 244. 
 
 Robert Marling, et al Plaintiffs, 
 
 vs. 
 Thomas James Marling, et al, esqual Defendants. 
 
 The parties hereto, Plaintiffs and Defendants, in order to save costs 
 hereby admit that the late Robert Marling and the late Dame Jane Graham 
 
168 
 
 rARTAdK, ACTK DE— MAJORS AND MlNollS. 
 
 
 
 i::si; '. 
 
 
 rcferri'd to in Plaiiitifrs' doclaratioii, were duly united in the h(dy Ixinds of 
 matrimony without having previously entered into any ante-nuptial contract, 
 und that the said IMaintifts, and the said Defendiint, Thomas James Marling, 
 and Christina Jane Marling, Andrew Marling, William Stewart Marling and 
 Isabella Reaburn Marling are the children lawful issue of said Robert Marling 
 and Dame Jane Graham, of which children Christina Jane Marling, Andrew 
 Marling, William Stewart Marling and Isabella Reaburn Marling are min<jrs. 
 
 That the said Plaintiffs, and said Defendants, Thomas James Marling, 
 Andrew Marling, William Stewart Marling and Isabella Reaburn Marling are 
 the heirs and only heirs of the estate and succession of the saitl late Robert 
 Marling and his wife the said late Dame Jane Graham. 
 
 That the said late Robert Marling departed this life on or about the twenty- 
 ninth day of September, eighteen hundred and seventy-two, and the said late 
 Dame Jane Graham departed this life on or about the twenty-second day of 
 March, eighteen Inindred and eighty-three, both at Montreal, and both intcstitte. 
 
 That after the death of the late Robert Marling no Inventory of the com- 
 munity of property which existed between him and his said wife was made 
 prior to the death of said wife. 
 
 That there has been no division or partage of the estate and succession of 
 the said late Robert Marling and his wife the said late Dame Jane Graham. 
 
 That the said Defendant, Andrew Marling, senior, was duly appointed 
 tutor *(d hoc for the purposes of this acti(m to Christina Jane Marling, the 
 said Defendant Thomas Marling, tutor ad hoc to said Andrew Marling, the said 
 Defendant, Andi'ew Marling, junior, tutor ad hoc to the said William Stewart 
 Marling, and said Defendant, Saumel Iligginbottom, tutor ad hoc to said Isabella 
 Reaburn Marling, as alleged in Plaintifl's' Declaration, and hereof pray Acte. 
 
 Montreal, 16th December, 1884. 
 
 (Signed) S. A. Lebourveau, 
 
 Attorney for Plaintiffs. 
 (Signed) Macmaster, Hutchinson & Weir, 
 
 Attorneys for Defendants. 
 
 V 7.' 
 
 1^ .';■■ 
 
 If 
 
 I 
 
 I 
 
 Motion to Appoint Experts. 
 
 Canada. 
 Province of Quebec, 
 District of Montreal. 
 No. 244. 
 
 In the Superior Court. 
 
 Robert Marling, et al Plaintiffs, 
 
 vs. 
 Thomas James Marling, et al, esqual Defonhuits. 
 
 Motion on behalf of the said Plaintiffs that experts be in due course of law 
 named, one by the PlaintifTs and one by the Defendants, and in default of such 
 nomination by the parties hereto, that the same be named by the Court for the 
 purpose of ascertaining, viewing and exanuning the immovable property 
 belonging to the estate and succession of the late Robert Marling, and his wife 
 the late Dame Jane Graham, and to report to this Honorable Court whether 
 
I'AltTAdK, ACTK DK— MAJORS AND MINoltS. 
 
 169 
 
 'i,. 
 I. 
 
 li 
 
 sucli imiiioviibli' propi'ity I'iUi ho coiivoiik'iitly iiiul lor the mlvaiitiige of the 
 parties divided and partitioned into weven (7) equal shares, or parts thereof, 
 witliout sale thereof, and to indicate and set fortii such lots, with the value of 
 each lot or portion so to be allotted to each of the heirs thereto. And in case of 
 necessity to indicate whether any, and whiit sinu, or sums, should be added in 
 money to e(pialize said lots or portions, and that said ex[)erts do make their 
 report, either under private seal or e)i hrir^t, or otherwit-e, before 'any Notary 
 Public of the City of Montreal, and return said report, or a copy thereof, into 
 this Court without delay, and as said experts may determine, the whole with 
 co'^ts. 
 
 Montreal, 17th Deceudjer, 1884. 
 
 (Signed) 8. A. Lebourveau, 
 
 Attorney for Plaintiffs. 
 
 Due notice received and Defendants consent that the above motion be 
 made this seventeenth day ol' Deceudjer, A. D. 1884. 
 
 (Signed) Macmaster, Ilutchin.stm & Weir, 
 
 Attorneys for Defendants. 
 
 ■ » ; 
 
 
 Judgment Naming Experts. 
 
 Province ok Qukuf.c, 
 District of Montreal. 
 No. 244. 
 
 Superior Court. 
 
 The seventeenth day of December, eighteen hundred and eighty-four. 
 Present— Tlie Hon. Mr. Justice Doherty. 
 
 Robert Marling, d al IHainfij^s, 
 
 i;s. 
 Thomas J. Marling, ct nl. exqunl DcfemliDits. 
 
 The Court on motion of S. A. Lebourveau, Esquire, Attorney for Plaintill's, 
 doth name and apitoint Thomas Pringle, Millwrigiit, Oliver W. Stanton, Agent, 
 aJid John B. Picken, Broker, all of the City and District of Montreal, experts 
 for the purpose of ascertaining, viewing and examining the immovable property 
 belonging to the estate and succession of the late Koljert Marling and his wife 
 the late Dame .Jane Graham, and to report to tins Court whether such inunov- 
 able property can be conveniently, and for the advantage of the parties, divided 
 and partitioned into seven e(puil shares or parts without sale thereof, and 
 to indicate and set forth such lots with the value of each lot or portion .so to 
 be allotted to each of the heirs thereto, and in case of necessity to indicate 
 whether any and what sum or sums should be added in money to e([ualize said 
 lots or portions. 
 
 And tiie said experts are ordered to make their report either under private 
 seal or tn hrvret, or otherwise, before any Notary Public of the City of Mont- 
 real, and return said report or a copy thereof into the Court without delay. 
 
 (By the Court.) 
 
 (Signed) Geo. II. Kernick, D.P.8.C. 
 
 
i'. 
 
 170 
 
 PART AGE, ACTK l)E— MAJORS AND MINORS. 
 
 Oath of Experts. 
 
 Canada. 
 Province of QuEnEC, 
 District of Montreal. 
 No. 244. 
 
 In the Superior Court. 
 
 Robert Mai'ling, et al Phuntiffn, 
 
 vs. 
 
 Thomas J. Marling, et iiL, esqual Defetuhuitn. 
 
 I, Thomas Pringle, Millwright, and I, Oliver W. Stanton, Agent, and I, 
 John B. Pickon, Broker, all of the City and District of Montreal, experts duly 
 named under and by an interlocutory judgment of this (.'oiirt in the above cause 
 rendered on the seventeenth day of Decembt r instant, do make oath and say, 
 and each of us saith ; 
 
 That I will proceed to the performance of the duties required of me as an 
 expert under and by virtue of an interlocutory jiulgment, and that 1 will make 
 a true report on all matters required to be reported on to the best of my ability 
 and knowledge, without favor or partiality to either of the parties herein. So 
 help me God. 
 
 Sworn and acknowledged before\ 
 
 rne at the City of Montreal on I (Signed) 
 
 the nineteenth day of Decem- J- " 
 
 ber, eighteen hund'.ed and | *' 
 
 eighty-four. j 
 
 (Signed) C. Cushing, 
 
 Comm. Sup. Court, Dist. Montreal. 
 
 O. W. Stanton. 
 Thos. Pringle. 
 J. B. Picken. 
 
 I' vl« 
 
 Notice by Experts to Plaintiffs and Defendants. 
 
 Canada. ^ 
 
 Province of Quebec, > 
 District of Montreal. N 
 
 In the Superior Court. 
 
 Robert Marling, et al Pla'mi[lf's, 
 
 vs. 
 Thomas J. Marling, et al., esqual Defendants. 
 
 To S. A. Lebourveau, Esquire, Attorney for Plaintiffs. 
 
 To Messrs. Macmaster, Hutchinson & Weir, Attorneys for Defendants. 
 Sirs, 
 
 We, the undersigned experts, duly named under and by virtue of an inter- 
 locutory judgment of this Honorable Court in the above cause rendered on the 
 seventeenth day of December instant, (1884) having been duly sworn, hereby 
 give notice to you and each of you that on the nineteenth day of December in- 
 stant, at the hour of eleven of the clock in the forenoon, at the olhce ol Charles 
 Cushing, Esquire, Notary Public, situate at No. 110 St. James Street, in the 
 City ol Montreal, we will proceed to the performance of the duties incumbent 
 on us as such experts, and will then and there proceed to ascertain, and from 
 thence will go to view and examine the immovable property belonging to the 
 estate and succession of the late Robert Marling and his wife, the late Dan»e 
 
 r'V^ ^mwmm 
 
I'MITMlK, AdTH l)i:— MAJORS AND MINORS. 
 
 171 
 
 Jane Gniliuiii, rulorrod to in IMiuutids' (loclanitioii in this ciiuho, with a viovv to 
 report on tlio niattei'H and tliinj^s Hnhniittod to n.s as Huch experts, and will 
 tliereaftor IVom di'v to day ppoce nl to the further p(!rtonnance of our duties at 
 the olliee of the said (Jhiirlos ('iishing until our thities as sucii experts have heen 
 performed. And you are then and there notified to appear should you see fit 
 so to (h). 
 
 Montreal, lUth December, 1884. 
 
 (Signed) 
 
 It 
 
 (). W. Stanton, 
 Thos. Pringle, 
 J. B. Picken, 
 
 Experts. 
 
 Received due notice, the i)artieH Iiereto waiving the usual delay, and 
 consenting that the experts proceed on the nineteenth day of December, 
 eighteen hundred and eighty-four. 
 
 (Signed) S. A. Lcbourveau, 
 
 Attorney for Plaintiffs. 
 (Signed) Macmaster, Ilutcliinson & Weir, 
 
 Attorneys for Defendants. 
 
 Provinck w Quehec, I 
 District of Montreal. ) 
 No. 244. 
 
 Report of Experts. 
 
 Superior Court. 
 
 Robert Marling, of the City of Montreal, el al Plaintiffs, 
 
 vs. 
 Thomas J. Marling, of the City of Montreal, d al., esqual Defendants. 
 
 On Tiirs twentieth day of December, one thousand eight hundred and 
 eighty-four, 
 
 Bkfoke Charles Cushing, the undersigned Notary Public for the Province 
 of Quebec, residing in tlie City of Montreal, 
 
 Appeared, Oliver W. Stanton, Ileal p]state Agent, Thomas Pringle, Mill- 
 wright, and John B. Picken, Broker, all of the said City of Montreal, experts 
 duly appointed and acting as hei'einafter mentioned. 
 
 Who declared to said Notary as follows: That by interlocutory judgment 
 rendered in the Superior Court for Lower Canada, District of Montreal, on the 
 seventeenth day of December instant (1884) in the above cause. No. 244, the 
 said appearers were named experts for the purpose of ascertaining and examin- 
 ing the real estate belonging to the estates and successions of the late Robert 
 Marling, in his lifetime of the City of Montreal aforesaid. Merchant, and his 
 wife, the late Dame Jane Graham, to value the same, to report whether the 
 said real estate can be divided, to indicate the portions that can be made of the 
 same, and the value of such portions, a description of which said real estate is as 
 follows : 
 
 First, That certain lot of land fronting on St. Dominique Street, in the 
 Parish of St. Jean Baptiste, known and designated on the official plan and book 
 of reference of the Village of St. Jean Baptiste as number two hundred and 
 seventy-three (273) containing forty feet in width by seventy-two feet in depth 
 with buildings thereon erected. 
 
 Second, That certain lot of land situate, lying and fronting on College 
 Street, in the Parish of Notre Danie, in the said City of Montreal, and known 
 
 » *«Jt« rdAMVU . 
 
m 
 
 
 \m 
 
 m 
 
 172 
 
 I'AHTAOK, AVTK DK-MAJOllH AND MlNOltlS. 
 
 niid (U^Kif^tintiMl on tlii> oflTicial plnii niid book of rcrnrciicc of St. Aim's Wiinl iis 
 nuinlHM' I'igliteiMi liimdnnl and twenty oiio (I.S21) coiitiiiiiing (il'tv-lotir W'.oi in 
 width hy ono liiindn(d and (orty-nin«! tV>('t in (lci)tli, Knglisli mi'asuro, inoro or 
 lews, with the huildinf!;M tiiureon i-rected. 
 
 Third, That (certain h)t of land known ns nnni})or clnvon on tho plan of 
 Hnbdivision of lot iinndR'r lonr huudicd and sixty-five (1(1;')) on the ollicial plan 
 and in the book of refcroiice of St. Antoino Ward, in the Parish of Notre Dame, 
 in the said City of Montreal, with the dwelliii<:; honse and other bnildings 
 thereon erected. 
 
 Fourth, Those fonr certain lots of land or emplacements sitnate, lying and 
 fronting on DomiuiDn Avenne, in the Parish of Longue Poiiite, in the County 
 of Ilochelaga, in the District ol Montreal, known and designated by the nnmbers 
 seventy-eight, seventy-nine, eighty and eighty-one on the official plan and book 
 of reference of the said Parish of Longne Pointe, with right of way on to, over 
 and upon Dominion Avenne aforesaid, Arcadia, Columbia, Huron and Ontario 
 Streets, opened or projected, without any buildings thereon. 
 
 That the said experts, after having previously made oath before Charles 
 Cusliing, a Commissioner of the Superior Court of Lower Canada, for the 
 District of Montreal, on the nineteenth day of December instant, as appears by 
 affidavits to be annexed to a copy hereof and fyled in this cause, and after 
 having given sufficient notice as required by law to said Plaintifl's and Defend- 
 ants in said cause, as appears by notices signed by said experts and duly 
 received by said parties, also to be fyled with a copy hereof, they the said 
 experts proceeded to the inspection of the said real estate on the nineteenth 
 day of December instant, and to the further performance of their duties, after 
 obtaining all the information necessary for the purposes mentioned in their said 
 appointment. 
 
 Wherefore those presents, and I, the said Notary, witness that the said 
 experts do hereby make their report, valuation and division of said immovable 
 properties, as follows : 
 
 Firsfjj/, the said experts value and estimate the said lot firstly described, 
 being lot number two hundred and seventy-three on the official plan and in the 
 book of reference of the Village of St. Jean Baptiste, at one thousand dollars. 
 
 And the said experts are of opinion that the said lot cannot be advantage- 
 ously divided. 
 
 Secrmdly, the said experts value and estimate the said property secondly 
 above described, being lot number 'ighteen hundred and twenty-one, vSt. Ann's 
 Ward, at the sum of five thousand five hundi'ed dollai's, and they are of opinion 
 that this property may be divided advantageously into two e([ual parts of equal 
 value, each lot to be one half the frontage in width by the whole depth, and to 
 carry with it the respective buildings thereon. 
 
 Thirdly, the said experts value and estimate the said lot of land herein 
 thirdly described, being subdivision nurul)er eleven of lot niunber four hundred 
 and sixty-five on the official plan and book of reference of St. Antoine Ward, in 
 the City of Montreal, with the dwelling house and other buildings thereon 
 erected at three thousand five hundred dollars, and they are of opinion that the 
 said lot cannot be advantageously divided. 
 
 Foiirihli/, the said experts value and estimate the said property herein- 
 before fourthly described, being the numbers seventy-eight, seventy-nine, 
 eighty and eighty-one on the official plan and in the book of reference of the 
 
 il!i 
 
PARTAllM, ACTK DK— MAJORS AND MINORS. 
 
 173 
 
 I'lirisli of Ijoiif^iio Pointe, iit ton dolhirs i-iicli 1( t, or forty dollnrs for tlu' lour 
 lots, wliicli lots are Hiisceptiblo of diviHioii, hoiiig each Hepurate Iroiii tho other 
 ill (U'Hiji;iiatioii. 
 
 And tlio said experts declare that tli ' several lots of hind and preniiseH as 
 hereiiil)efore descrihcd eouiprise all the roal estate heloii<j;inj;' to the estates and 
 siiecessioiis of the said late Robert Marling and Dame .lane (Jrahaiii his wife, so 
 far as they have been al)le to ascertain. 
 
 Ai.d the said experts declare that tiieir costs amount to thirty -seven dolliirs 
 and Hlty cents iis per memorandum thereof hereto annexed. 
 
 The whole to be homologated as to law and justice may appertain. 
 
 Done and passed, at the 8aid City of Montreal, in the ollice of Charles 
 Cushiiig, the siiid Notary, under the number nineteen ihoiisund fivi- luiiKbcd 
 and ninety-live of his original minutes, and signed by the said parties with and 
 in the presence of said Notary, after due reading hereof. 
 
 (Signed) 
 
 « 
 « 
 
 (). W. Stanton. 
 Thos. Priiigle. 
 J. I{. Picken. 
 C. Cushing, N.P. 
 
 Motion to Homologate Boport of Experts. 
 
 Canada. \ 
 
 Pkovinok of Quehec, > In the Superior Court. 
 
 District of Montreal. ) 
 No. 244. 
 
 Robert Marling, d al Plainliffa, 
 
 vs. 
 Thomas James Marling, et al., esqiml Defendants. 
 
 Motion on the part of the PlaintifTs that the report of the experts herein 
 fylcd in this cause on the twenty-third day ot Deceiuber instant ha homologated 
 with costs. 
 
 Montreal, 2Srd December, 1884. 
 
 (Signed) S. A. Lebourveau, 
 
 Attorney ibr PlaintiHs. 
 
 Received due notice and Defendants consent that the foregoing motion be 
 made in Chambers, this twenty-third day of December, 1884. 
 
 (Signed) Macmaster, Hutchinson k Weir. 
 
 Motion for Appointment of a Notary to prepare a Scheme of Partage. 
 
 Canada. ^ 
 
 Province of Quebec, > In the Superior Court. 
 
 District of Montreal, ) 
 
 Robert Marling, et al Plaintiffs, 
 
 vs. 
 Thomas James Marling, et al., esqual Defendants. 
 
 Motion on behalf of the Plaintiffs that a Notary of the City of Montreal 
 be in due course of law named, before whom tiie parties in this cause may 
 
 MMiw M 
 
 MiNiiMMMiiniiiii 
 
ll. 
 
 174 
 
 PAIiTAdM, ACTH DK—MAJDltS AND MINoliS. 
 
 iippciir, to proceed to the ronderijig of accounts with each othei". And to the 
 forniiition of the general mans, the couiptwition of the shares, and for fixing the 
 coinpe'isation to be furnished, if the same be necessary in this matter (IMain tills 
 suggest the name of (Jharles (Jushing, of Montreal, Notary, as such Notary) and 
 that the parties in this cause be ordered to appear before sucli Notary for the 
 purposes aforesaid, the whole with costs. 
 Montreal, 23rd Docember, 1884. 
 
 (Signed) S. A. L'd)onrvcan, 
 
 Attorney for Plaintifls. 
 
 Received due notice and Defendants consent that the above motion be 
 made in Chand)ers this twenty-third day of December, 1884, and Defendants 
 consent that C. Gushing aforesaid be named and act as Notary. 
 
 (Signed) icmaster, Hutchinson & Weir, 
 
 Attorneys i'or Defendants. 
 
 Judgment Appointing Notary. 
 
 Province of Quehec, 
 District of Montreal. 
 No. 244. 
 
 Superior Court. 
 
 PUdntip, 
 
 The 23rd day of De- mbcr, 1884. 
 Present — xhe Hon. Mr. Justice Doherty. 
 
 Robert Marling, et al 
 
 Thomas J. Marling, ct al., esqnal Defendants. 
 
 The Court, on motion of S. A. Lebourveau, Esquire, Plaintifls' Attorney, 
 doth name and appoint Charles Cashing, of Montreal, Es(iuire, Notary Public, 
 before whom the parties in this cause may appear, to proceed to the rendering 
 of accounts with each other, and to the formation of the general mass, tiie com- 
 position of the shares, and tor fixing the coinpen.satiou to be furnished, if the 
 same be neces.sary in this matter. And the said parties are hereby ordered to 
 appear before the said Notary for the purposes aforesaid. 
 
 (By the Court.) 
 
 (Signed) Geo. JI. Kernick, Depy. P. S. C. 
 
 
 Notice by Plaintiffs to Defendants to appear before the Notary. 
 
 In the Superior Court. 
 
 Canada. 
 Province of Quebec, 
 District of Montreal. 
 No. 244. 
 
 Robert Marling, et al Plaintiffs, 
 
 vs. 
 
 Thomas J. Marling, et al, esqnal Defendants. 
 
 To Messrs. Macmaster, Hutchinson & Weir, Attorneys for Defendants. 
 
 Sirs, 
 
 By an interlocutory judgment in the above cause, rendered on the twenty- 
 
PARTAdK, ACT/': DK— MAJORS AND MINORS. 
 
 175 
 
 third (lay of Doceiuljor hint, by the lI()noriil)lo Marcus Doherty, one of the 
 Judges of tlie Superior Court, the Court iiained and ai)})ointed Charles Cushing, 
 of Montreal, Esi^uire, Notary Public, Practitioner before wlioin the parties 
 in tliis cause inight appear. And ordered them to appear before the said 
 Notary for the purpose of proceeding to the rendering of accounts with each 
 other, and to the formation of the general mass, the composition of the shares, 
 and for fixing the compensation to be furnished, if the same be necessary in 
 this matter. The said Defendants are hereby notified and re(piired to appear 
 before the said Charles Cushing for the purposes aforesaid at his office at number 
 one hundred and ten (No. llU) St. James Street, in the City of Montreal, on 
 Tlnirsday, the twenty-sixth day of February instant, at ten of the clock in the 
 forenoon, and in default of their appearing, the said Charles Cushing will be 
 recpiired to proceed as if the Defeiulants were present, and you are reipiired 
 to govern yourselves accordingly. 
 
 Montreal, 17th Decendjer, 1885. 
 
 (Signed) S. 
 
 A. Lebourveau. 
 Attorney for Plaintifis. 
 
 Duly received notice, 
 (Signed ) Macmaster, Hutchinson & Weir, 
 
 Attorneys for Defendants, 
 
 Act of Appearance before the Notary. 
 
 On this day, the twenty-sixth of February, in the year of our Lord one 
 thou.sand eight hundred and eighty-five, 
 
 Bei'ohe Charles Cushing, the undersigned Notary Public for the Province 
 of Quebec, in the Dominion of Canada, residing in the City of Montreal, 
 
 Appeared, Ko])ert Marling and John Craham Marling, both of Jacksonville, 
 in the State of Fh)rida, one of the United States of America, Planters, heirs-at- 
 law in the proportion of one-seventh each of the late Robert Marling, decea.sed, 
 in his lifetime of the said City of Montreal, Merchant Tailor, ami of the late 
 Dame Jane Clraham, his w'l'e, also deceased, their father and mother, they being 
 two out of seven children issue of the nuirriage of their said parents, who were 
 in connnunity of property, commune en hlrus, and who both died intestate. 
 
 The said Robert Marling an.l John Graham Marling, acting iierein and 
 represented, to wit, the said Robert Marling by Robert A. Dun ton, Notary 
 Public, and the said John Graham Marling by Herbert S. Hunter, Notaiy 
 Public, both of the said City of Montreal, their respective Attorneys, duly 
 appointed under and in virtue of two Powers of Attorney, both executed 
 before tiu^ undersigned Notary Public on the .second day of December 
 last (1884) in virtue of an iiiti'rlocutory judgment of the Honorable Marcus 
 Doherty, one of the Judges of the Superior Court for Lower Canada, in the 
 District of Montreal, rendered on the twenty-third day of December last (1884) 
 in a certain cause then pending l)efore the said Superior Court under the No. 
 244, a copy whereof is annexed to these presents. 
 
 Which said appearers declared that in order to obtain the liquidation and 
 partage of the property of tiie connnunity coimitiniante de hiens, which existed 
 between the said late Robert Marling and Dame Jane Graiiam, his wife, and 
 the conlinuation thereof, they in their said capacity of heirs-at-law had 
 
 n 
 
176 
 
 PARTAdE, ACTE DE— MAJORS AND MINORS. 
 
 p. 
 
 n 
 
 4y 
 
 instituted an action in the Superior Court for Lower Canada, in the District of 
 Montreal, and bearing the number two hundred and forty-four (244) among the 
 records of said Court : and that by writ of sunnnons in said cause duly served 
 by William Conway, one of the lailifts of the said Superior Court, on the 12th 
 day of December last (1884) the^ had summoned: 
 
 1. Thomas James Marling, Gentleman ; 
 
 2. Andrew Marling, senior, Cutter, in his capacity of tutor ad hoc to 
 Christina Jane Marling ; 
 
 3. Thomas Marling, Cutter, in his capacity of tutor ad hoc to Andrew 
 Marling ; 
 
 4. Andrew Marling, juni(n'. Bookkeeper, in his capacity of tutor ad hoc to 
 William Marling ; 
 
 5. Samuel Iligginbottom, Merchant Tailor, in his capacity of tutor ad hoc 
 to Isabella Marling, all of the said City of Montreal. 
 
 The said Andrew Marling, senior, Thomas Marling, Andrew Marling, 
 junior, and Samuel Iligginbottom, having been duly appointed to their said 
 respective charges over the said minors who are children issue of the marriage 
 of the said late Robert Marling with the said Dame Jane Graham, his wife, on 
 the advice of the relatives and friends of the said minors, homologated by the 
 Prothonotary of the said Superior Court, District of Montreal, on the tenth day 
 of December last (1884) and duly registered in the Registry Office for the 
 Registration Division of Montreal West, on the thirtieth day of December last 
 
 (1884) under the No. 110445. 
 
 The said Thomas James Marling, and the said minors, being heirs-at-law 
 each for one-seventh of the said estates of the said late Robert Marling and 
 Dame Jane Graham, their parents. 
 
 To appear in said cause and answer the demand therein for the said 
 liquidation and partage of said property of the said community, coininimante de 
 hicii.s, which existed between the said Robert Marling and Dame Jane Graham, 
 his wife, and the continuation thereof. 
 
 That by notice duly signified on the seventeenth day of February instant, 
 
 (1885) the said Thomas James Marling, Andrew Marling, senior, Thomas Mar- 
 ling, junior and Sanuiel lligginuotlom, in their said respective cai)acities, were 
 notified and recpured to api)ear on the day first above mentioned, at the hour of 
 ten of the clock in the forenoon, in the ofhce of the undersigned Notary Public, 
 for the purpose of taking part in the opening of the procea-Kcrlnit if licjuidation 
 and partage, to the accomplishment of which the said parties were referred 
 before the .•said undersigned Notary Public by an interlocutory judgment 
 rendered l.y said Honorable Marcus Doherty, dated the twenty-third day of 
 December last (1884) by which said interlocutory judgment the .said Charles 
 Cusbing, the undersigned Notary Public, was named commissijuer, commis, for 
 the purpose above indicated. 
 
 And the said appearers have handed the said Notary a copy of said judg- 
 ment to be hereunto annexed after the present mention thereof. 
 
 And have re([uired the said Notary to deliver them an act of their appesir- 
 ance and declarations, to declare default against the defaulting [larties if they 
 fail to appear personally, or by Attorney, to proceed in their absence or 
 presence with the proceedings above .set forth, aiui to open at once the proces- 
 mrhal that is to set them forth. 
 
PART AGE, ACTE DE— MAJORS AND MINORS. 
 
 177 
 
 And the said appt^arers liavo .signed, after due reading hereof. 
 
 (Signed) Robert Marling, 
 
 by his Attorney, 
 
 R A. Dunton. 
 
 (Signed) John Graham Marling, 
 
 by his Attorney, 
 
 H. S. Hunter. 
 
 And at this moment appeared the said Thomas James Marling, Andrew 
 Marling, junior, and Samuel lligginl)()ttoin. who declared that they make no 
 opposition to the immediate preparation of the said proren-cerlxil reserving the 
 right to make such observations during the proceedings as they may think 
 proper, to approve (U" oppose them as they may think best for the conservation 
 of their several interests. 
 
 And they have signed, after due reading hereof. 
 
 In consequence whereof the said Notary cnnuni'^ has opened the profM- 
 rcrlntl, which will contain all the proceedings in licpiidation, accounts i^nd 
 partage of the conununity and succession of the said late Robert Marling and 
 Dame Jane (Iraliam his wife. 
 
 Done and passed, at the said City of Montreal, in the olHce of Charles 
 Cushing, the said Notary, on the day, month and year first hereinbefore written 
 under the nund)er nineteen thousand seven hundred and eighty, and signed by 
 the parties hereto with and in the presence of the said Notary, alter due 
 readiu"; hereof as aforesaid. 
 
 (Signed) Thos. J. Marling. (Signed) Andrew Marling, jr. 
 
 Andw. Marlinsr, jr. " Sauniel Iliucginbottom. 
 
 C. Cushing; N.P. 
 
 
 < i 1 
 
 Thos. Marling. 
 
 Statement of the Notary. 
 Etdt Liquldaflf. 
 
 Statement of operations for account, li([uidati(m and partage of the succes- 
 sions of Robert Marling, Merchant Tailor, in his lifetime of the City of 
 Montreal, where he departed this life on or al)out the twenty-ninth day of 
 September, one thousand eight hundred and .seventy-two, and of Dame Jane 
 (Iraham his wife, wdio departed tiiis life at the same place on the twenty-second 
 day of March, one thousand eight hundred and eighty-three. 
 
 Prei)ared by Charles Cushing, the undersigned Notary Public for the 
 Province of (Quebec, residing in the (.'ity of Montreal, roiiiinis for the purposes 
 hereof, as such duly named and appointed by judgment of the Honorable 
 Marcus Doherty, one of the Judges of Her Majesty's Superior Court for Lower 
 Canatla, in the District of Montreal, rendered on the twenty-third day of 
 December last (1884) in that certain cause or suit bearing the No. 244 of the 
 records of said Court, wherein Robert Marling rf <il., are Plaintill's, and Thomas 
 .James Marling »7 al., e-'^ (iinillles, are Defendants. 
 
 These operations take place between : 
 
 1. Robert Marling and 
 
 2. John Graham Marling, both of Jacksonville, in the State of Florida, 
 one of the United States of America, Planters, Plaintill's, who.se Solicitor is 
 Stedmaii A. Lebourveau, of the said City of Montreal, Ks(iuire, Advocate; 
 
178 
 
 PARTAGK, AGTE l)K—MAJ()IiS AND MiNORS. 
 
 3. Tliomas James Marling, Gentleman ; 
 
 4. Andrew Marling, senior, Cutter, in his capacity of tutor ad hoc to 
 Christina Jane Marling ; 
 
 5. Thomas Marling, Cutter, in his capacity of tutor <ul hoc to Andrew 
 Marling ; 
 
 3. Andrew Marling, Bookkeeper, in his capacity of tutor <i(l hoc to William 
 Marling, and 
 
 7. Samuel Iligginbot m, Merchant Tailor, in his capacity of tutor ad hoc 
 to Isabella Marling , 
 
 Defendants, who have as their Solicitors Messrs. Macmaster, Hutchinson & 
 Weir, of the said City of Montreal, Advocates. 
 
 I 111 
 f -ililli 
 
 •II V ^ ■ 
 
 tl vj ,1. 
 
 PRELIMINARY RECITAL. 
 
 For an understanding of the operations, the said Charles Cushing makes 
 the following pi'eliminary observations. 
 
 First Observation. -Death of Robert Marling'. No Inventory. 
 
 No inventory was made at the decease of the said late Robert Marling, and 
 the connnunity of property which theretofore existed between the said late 
 Robert Marling and Dame Jane Graham his wife, who were married in the 
 Province of Ontario on or about the twenty-eighth day of December, one 
 thousand eight hundred and lifty-eight, without any antenuptial contract of 
 marriage, was continued between the said Dame Jane Gr.iham and her children 
 without interruption. 
 
 Second Observation. -Death of Mrs. Marling. Inventory. 
 
 Upon the death of the said Dame Jane Graham, an inventory was made at 
 the request of the children issue of the marriage of the said late Robert Mar- 
 ling and Dame Jane Grnham, through the instrumentality of the said Charles 
 Cushing, Notary Public, on the fourth day of May, one thousand eight 
 hundred and eighty-three. 
 
 The movables subject to valuation were appraised by Thomas Mai'ling and 
 George Denison, both of the City of Montreal. 
 
 The value of the objects appraised was twelve hundred and twelve dollars 
 and eighty cents ($1212.80), which is mentioned merely' for information, as said 
 movables were not disturbed, but were left undivided and unsold as hereinafter 
 mentioned and provided. 
 
 The title deeds and papers were inventoried under 30 numbers. 
 
 From these title deeds and papers and from the declarations of the parties 
 it appeared : 
 
 Firstljj. That there was no immovaljle property. 
 
 Secondly. That there was no cash on hand or in bank, the successions 
 comprising various investments, secured by mortgage on real estate, amounting 
 in the aggregate to the sum of thirty-three thousan 1 three hundred dollars 
 ($33,300.00). 
 
 Thirdly. That there were certain debts due by the said successions amount- 
 ing in the aggregate to the sum of two hundred and twelve dollars and thirty- 
 three cents ($212.33), thus leaving the net value of the successions, exclusive 
 of said furniture, to be thirty-three thousand and eighty-seven dollars and sixty- 
 seven cents ($33,087.07.) 
 
IWItTAilh:, .Uri'K DK-MAJORH AND MINORS. 179 
 
 Third Observation. -Appointment of Guardian to Minors. 
 
 Tho suid Tlioman Jiunos Marling was appointed tutor to his brothers and 
 sisters aforesaid, who were th'Mi all minors, witli the exception of said Robert 
 Robert Marling, and the said Andrew Marling, senior, was appointed sub-tutor, 
 on the advice of the relations and friends of the minors, duly homologated by 
 the Prothonotary of the 8u])erior Court for Lower Canada, District of Montreal, 
 on the 30th day of March, one thousand eight hundred and eighty-three, 
 previous to the making of said inventory, and continued to administer the 
 property of said succession« 'intil the institution of the present action en par(<t<je, 
 to wit, until the sev* ; 'oenth day of December last (1884) at which time tlie 
 assets of the said successions comprised certain immovable property which had 
 been acquired at forced sale by the Sherifl' of tl -3 securities for a loan to one 
 William Lawes mentioned in tlie said inventory. 
 
 Plan of Operations. 
 
 The parties to the present partage who are of age. Plaintiffs as well as 
 Defendants, having consented that the household furniture and effects inven 
 toried in said inventory and accpiired since, should be allowed to remain until 
 
 I; 
 
 Fourth and Last Observation.— Demand I'n I\irta</''. Appraisement. Judgment k' 
 
 ordering a Partage. 
 
 By writ issued by the Deputy Prothonotary of the Superior Court for 
 Lower Canada, in the District of Montreal, the twelfth day of December last 
 (1884) and tluly served by a bailiff of said Court on the same day, the said 
 Robert Marling and John fJraham Marling made a demand upon their co-heirs 
 for the partage of the said successions of their parents the said late Robert 
 Marling and Dame Jane Graham. 
 
 By judgment of the said Ilonoralde Marcus Doherty, one of the Judges of 
 said Superior Court, rendered the seventeenth day of December last (1884) the 
 Court named and appointed Thomas Pringle, Millwright, Oliver W. Stanton, 
 Agent, and James B. Picken, Broker, all of tlie City and District of Montreal, 
 experts for the purpose of ascertaining, viewing and examining the immovable 
 property belonging to the I'state and succession of the said late Robert Marling 
 
 and Dame Jane Graham, and to report to said Court whether the said innnov- J 
 
 able property could be conveniently and for the advantage of the parties, J 
 
 divided, and to indicate and set forth such lots, Avith the value of each. \ 
 
 The experts, after making oath and giving due notice to the parties, | 
 
 visited and viewed the said imiMovable property, and valued it as set forth in l 
 
 their report, executed before Charles Cushing, the undersigned Notary Public, i 
 
 the twentieth day of December last (1884). '' 
 
 After the formalities of valuation had been confirmed by the Court, the said 
 Charles Cushing, Notary Public, was by judgment of the said Honorable Marcus 3 
 
 Doherty rendered the twenty-third day of December lust (1884) named and 5 
 
 appointed connnissioner cominiH to proceed to the operations of the account, f 
 
 liquidation and partage of said successions of the late Robert Marling and Dame 
 
 Jiiuii Graham, and before whom the parties in this cause may appear, to pi'oceed .' 
 
 to the rendering of accounts with each other, and to the formation of the general f 
 
 mass, the composition of the shares, and for fixing the compensation to be * 
 
 furnished, if the same be necessary in the matter. ; 
 
rr 
 
 1 1 '!'.■. 
 
 ■ f 
 
 .,.1 
 
 V'i 
 
 I; %■ 
 
 
 180 
 
 rARTAUE, ACTE DE—MAJURS AND MINORS. 
 
 ■ft" 
 
 the majority of the youngest Hiirviving child, the Haid fiiriiitiire and elVects are 
 left in the possesrsion of the said Thonia.s James Marling, tutor to said minors, 
 who undertakes the care thereof, and to account therefor in due time, and the 
 present operations will comprise the liquidation of the remaining assets of the 
 said successions, movable and inniiovable, their division into seven (7) lots, and 
 the fixing of compensation, when necessary, the submission of the scheme of 
 lots to Court, and a family council for approval, the sul)se(|U(.:iit drawing of the 
 said lots, the nnitual abandonment Ijy each to the others of the lots drawn, and 
 finally, the conditions accessory to the said transactions. 
 
 The date of eutering into the separate enjoyment of their shares in said 
 successions by the said several heirs was fixed for the fifteenth day of January 
 last (1885.) 
 
 Chapter First. — Statement of the Mass. 
 
 Masse Aotive. Mortgages. 
 
 assets. 
 
 1. The sum of two thousand dollars, being the amount due 
 under two deeds of obligation and mortgage from Sanniel Smiti., of 
 the said City of Montreal, Merchant Tailor, to the said Dame Jane 
 Graham, the one for thirteen hundred dollars, bearing date and 
 passed before J. S. Hunter, Notar}', the twenty-sixth day of October, 
 eighteen hundred and seventy -six, registered the eighteenth day of 
 January following (1877) under the No. 90,210 G. H. R., and the 
 other for seven hundred dollars, bearing date and passed before C. 
 Cushing, Notary, the twentieth day of March, eighteen hundred and 
 seventy-nine, registered in the llegisti'y Ofiice for the Counties of 
 Hoclielaga and Jacques-Cartier on the twenty-eighth day of the 
 same month and year, under the No. 3G02, with interest thereon 
 reduced from eight ^jer centuin jter annum as mentioned in said deeds 
 to six per cention per (inniiin, and secured on lot number thirty -four 
 (31) on the official plan of and in the book of reference of the incor- 
 porated Village of Cote des Neiges S2,000 00 
 
 2. The sum of twenty-six dollars and sixty-three cents, being 
 interest on the said sum of two thousand dollars at the rate of six 
 per centum per annum, computed from the twentv-sixth day of 
 October last (1885) '. 20 03 
 
 3. The sum of thirteen thousand dollars, being the amount 
 under a certain obligation and mortgage, etc. {Set nj) all (he other 
 mortgages of the estate) 
 
 Cash. 
 
 13. The sum of seven hundred and eighty-two dollars and 
 eleven cents, being the amount of cash in the hands of the said 
 Thomas J. Marling, or in bank in his name 782 11 
 
 Real Estate. 
 
 The real estate belonging to the said estates has been valued by 
 Oliver W. Stanton, Ileal Estate Agent, Thomas Pringle, Mill-wright, 
 
 Carried forward $25,125 87 
 
 Pi 
 
 W' 
 
PARTAdK, ACTK DE— MAJORS AND MINORS. 
 
 181 
 
 Brought forward $25,125 87 
 
 1111(1 John B. Pickoii, Broker, the experts naiued for that purpose by 
 interlocutory judgment rendered in the Superior Court of Lower 
 Caniidii, District of Montreal, on the seventeenth day of Deceinl)er 
 last (18S4:), at the prices set opposite the respective properties com- 
 prising the said real estate, the whole as appears by the report of 
 said experts bearing date and passed before C. Cushing, the said 
 Notary, the twentieth day of December last (188-4), to wit: 
 
 14. That certain lot of land fronting on St. Dominique Street, 
 in the Village of St. Jean Baptiste, known and designated on the 
 oifioial plan and in the l)ook of reference of the said Villago of St. 
 Jean Baptiste by the number two hundred and seven ty-tliree (No. 
 273), containing forty feet in width by seventy-two feet in depth, 
 with buildings thereon erected, valued at the sum of one thousa.id 
 
 dollars 1,0(10 00 
 
 15. That certain lot of land, situate, lying and fronting on 
 College Street, in the Parish of Notre Dame, in the said City of 
 Montreal, and known and designated on the ollicial plan and book of 
 reference of St. Ann's Ward as number eighteen hundred and 
 twenty-one (No. 1821), containing forty-four feet in width by one 
 hundred and forty-nine feet in depth, English measure, more or less, 
 with the buildings thereon erected, valued at the sum of five 
 thousand five hundred dollars 5,500 00 
 
 Note. — The experts are of opinion that this property may be 
 divided advantageoi;sly into two equal parts of equal value, each lot 
 to be one-half the frontage in widtii by the whole depth, and to 
 carry with it the respective buildings thereon. 
 
 16. That certain lot of land known as number eleven on the 
 plan of subdivision of lot number four hundred and sixty-five ^No. 
 405) on the oflicial plan and in the book of reference of St. Antoine 
 Ward, in the said City of Montreal, with the dwelling hou.se and 
 other buildings thereon erected, valued at the sum of three thousand 
 five hundred dollars 
 
 3,500 00 
 
 17. Those four certain lots of land or emplacements, situated, 
 lying and fronting on Dominion Avenue, in the Parish of Longue 
 Pointe, in the County of Hochelaga, in the District of Montreal, 
 known and designated by the numbers seventy -eight, seventy-nine, 
 eighty and eighty -one on the ollicial plan and in the book of refer- 
 ence of the said Parish of Longue Pointe, with right of way into, 
 over and upon Dominion Avenue aforesaid, Arcadia, Columbia, 
 Huron and Ontario Streets, opened or projected, without any build- 
 ings thereon, valued at the sum of ten dollars for each lot, or forty 
 dollars for the whole 
 
 Note. — The said four lots being each separate from the others in 
 designation and susceptible of division. 
 
 40 00 
 
 Carried forward . . $35,165 87 
 
■ 
 
 182 
 
 PARTAGK, ACTE DK—MAJURU AND MINORS. 
 
 ,►. 
 
 i >h 
 
 "M 
 
 k. 
 
 Brought forward $35,105 87 
 
 Rent. 
 
 18. Tlio Hiim of ninety-two dollars, being tlie amount of rent 
 due by William Lawes up to the fifteenth day of January last 
 (1885) ■ 
 
 92 00 
 
 $3f;,257 87 
 
 Ch r'ER Second. — Mass of Liabilities. 
 
 1. The sum of fivp dollars and fifty-two tents, being amount of 
 interest overpaid by Mrs. Dr. Power in advance on the mortgage duo 
 
 by her as paraphed under No. 9 $ 5 52 
 
 2. The sum of ten dollars forty-six cents, being the amount of 
 interest on thirteen hundred dollars, the amount due by Mrs. llanna 
 as paraphed under No. 12, from the fifteenth day of January 
 last (1885) to the fifth day o. 'arch next (1885) the date when 
 
 the said interest connnenccs to run 10 46 
 
 3. The sum of three hundi'ed and ninety-eight dollars and 
 eighty-four cents, being costs paid to the Sheriff of the District of 
 Montreal in connection with the acquisition by the estate of said 
 Marling of the real estate that was hypothecated by Mrs. William 
 
 Lawes in favor of the said late Dame Jane Graham 398 84 
 
 4. The sum of thirty-seven dollars and fifty cents, being the 
 
 amount paid to the said experts for valuing the said real estate. ... 37 50 
 
 5. The sum of one hundred and fifty dollars for legal expenses 
 incurred in connection with this partage. 150 00 
 
 6. The sum of two hundred and thirteen dollars and sixty-six 
 cents for notarial services rendered by C. Gushing, H. S. Iluntei', 
 
 and R. A. Dunton, Notaries Public, in connection with this partage. 213 CO 
 
 7. The sum of two hundred and ninety-seven dollars and 
 seventy -one cents, being amount paid to the Sheriff of Montreal on 
 collocation 297 71 
 
 $1,113 69 
 
 Recapitulation. 
 
 To amount of mortgages and interest $24,343 76 
 
 To amount of cash in hand and in bank 782 11 
 
 To real estate valued at , 10,040 00 
 
 To amount of rent 92 00 
 
 35,257 87 
 
 Credit. 
 
 By amount of liabilities 1,113 69 
 
 $34,144 18 
 
PAnT.'WK, ACTK DE-MAJORS AND MINORS. 
 
 183 
 
 Thus leaving the net sum of thirty-four thousand one hundred and forty- 
 four dollars and eighteen cents currency to be divided into seven equal parts 
 oi portions of four thousand eight hundred and seventy-seven dollars and 
 seventy-four cents each. 
 
 Chapter Thihd.— Composition of Lots. 
 
 Lot No. 1. 
 
 The sum of two thousand and twent^'-six dollars and sixty- 
 thi'ee cents, being the amount due by Samuel Smith in i)riiicipal 
 and interest as recorded in paragraphs one and two of chapter first, 
 hereinbefore written $2,020 03 
 
 The sum of one hundred and one dollars and eleven cents in 
 cash 101 11 
 
 The South-West half of that certain lot of land situate in the 
 St. Ann's Ward of the said City of Montreal, and known and 
 designated on the oflicial plan and in the book of reference of said 
 St. Ann's Ward by the number eighteen hundred and twenty-one 
 (S. W. of 1821) containing twenty-two feet in width by one hun- 
 dred and tbrty-nine feet in depth, or the whole depth of said lot 
 Englisli measure, and more or le.-ti, without warranty of precise 
 measurement, bounded in front by College Street, in rear by official 
 lot number eighteen hundred and ten, on one side to the Soutli- 
 West by official lot number eighteen hundred and twenty on .said 
 official plan, and on the other side to the Ncrth-East by the remain- 
 ing half of said lot eighteen hundred and twenty-one, with the 
 buildings thereon erected, the said lot being one-half of the real 
 estate recorded in paragraph fifteen of said chapter first, and the said 
 South-West half thereof hereby allotted being valued at the sum of 
 two thousand seven hundred and fifty dollars 2,750 00 
 
 1,877 74 
 
 Lot No. 2. 
 
 The sum of three thousand two hundred and fifty dollars, being 
 one divided fourth part of the sum of thirteen thou.sand dollars due 
 in principal Ijy Dame Jessie Mackay, wife of Thomas McLeod, as 
 recorded in paragraph three of said chapter first, and the sum of 
 forty-four dollars and twenty-five cents, being one divided fourth 
 part of the sum of one hundred and seventy-seven dollars, the 
 interest due on said principal sum as recorded in paragraph four of 
 said chapter first, making in all the sum of three thousand two hun- 
 dred and ninety-four dollars and twenty-five cents. And it has 
 been agreed that the said hypothec for the sum of thirteen thousand 
 olollars and interest thereon shall be and the same is hereby 
 restricted to said principal sum of three thousand two hundred and 
 fifty dollars, the one-fourth thereof as aforesaid, and the interest 
 thereon amounting to forty-four dollars and twenty -four cents 
 
 Carried forward i 
 
184 
 
 PARTAOK, ACTK DK— MAJORS AND MINORS. 
 
 ilV 
 
 I 
 
 i 
 
 
 Brought forward % 
 
 against the North-We.sterly part of waid oflicial lot niunbor (ifteon 
 huiulred and eighty-two (N. W. part of 1582) St. Antoine Ward, 
 Montreal, twenty-one feet four inches in width in front, and twenty- 
 two feet in width in rear by one hundred and eight feet six inches 
 on the 8outh-East side, and one hundred and eight feet eight inches 
 on the North-West side, and a total sui)erficies of two thousand 
 three hundred and lifty-two feet, all English measure, and more or 
 less, hounded in front l)y Mackay Street, in rear by a lane in com- 
 mon on the Sonth-East side by the renniinder of said ofHcial lot 
 number iifteen hundred and eighty-two, and on the North-West by 
 oilicial lot lunnber fifteen hundred and eighty-one, with a three 
 story brick dwelling house and outbuildings thereon erected ^3,294 25 
 
 The sum of thirteen hundred dollars, being the amount due in 
 principal by Dam^ Elizabeth (J. Ilart, widow of the late Robert 
 lliinna, as recorded in pnragrai)h twelve of said chapter first, less 
 the sum of ten dollars and forty-six cents, being the amount of 
 interest thereon from the lifteentli day of tfanuary to the fifth of 
 March, both of the present year, 1885, the said principal sum not 
 bearing interest until the latter date as recorded in paragrai)h two 
 of chapter second, so that the value of said sum at the former date 
 is twelve hundred and eighty-nine dollars and fifty four cents l,2S9 54 
 
 The sum of two hundred and fifty-three dollars and ninety-five 
 cents in cash , 
 
 Those four certain lots of land known and designated on the 
 official plan and in the book of x'cference of the Parish of Longue 
 Pointe, District of Montreal, by the numbers seventy-eight, seventy- 
 nine, eighty and eighty-one (78, 79, 80 and 81) as recorded in 
 paragraph seventeen of said chapter first, and valued at the sum of 
 forty dollars 
 
 Lot No. 3. 
 
 The sum of three thousand two hundred and fifty dollar.s, being 
 one divided fourth part of the said sum of thirteen thousand dollars, 
 etc., etc i 
 
 253 95 
 
 40 00 
 
 $4,877 74 
 
 Amounting said lot to the sum of six thousand and forty-four 
 dollars and twenty-five cents 0,044 25 
 
 This sum being eleven hundred and sixty-six dollars and fifty- 
 one cents more than the said lot No. 3 is entitled to, the heir to 
 whom the said lot may be hereafter allotted will require to pay 
 back the said sum of ^1,160.51, in order to equalize the respective 
 shares 1,1GC 51 
 
 1,877 74 
 
PAHTAGK, AOTK DK-MAJOHS AND MINORS. 186 
 
 Lot No. 4. 
 
 The sum of three thousand two hundrcil and fifty dollars, 
 being one divided fourth part of the miid Huni of thirteen tliousand 
 dollars, etc.. etc % 
 
 «4,877 74 
 
 Lot No. 6. 
 
 The sum of three thousand two luuu'red and fifty dollars, 
 being one-fourth part of the said sum of thirteen thousand dollars, 
 etc., etc , . . 
 
 ' • • • • 
 
 Lot No. 6. 
 
 The sum of three thousand six hundred and fifteen dollars and 
 ninety-seven cents, being the amount due in principal and interest 
 by the estate of the late Henry John, deceased, in his lifetime 
 of Montreal aforesaid, Clerk, as recorded in pai'agraphs seven and 
 eight of said chapter first . . '. $3,615 97 
 
 The sum of two hundred and .sixty-one dollars and seventy- 
 seven cents in cash 2G1 77 
 
 That certain lot of land fronting on St. Dominique Street, in 
 the Town of St. Jean Baptiste, and known and designated on the 
 official plan and in the book of reference of said Village of St. Jean 
 Baptiste by the nuudjer two hundred and seventy-three (No. 273), 
 with the buildings thereon erected, as recorded in paragraph four- 
 teen of said chapter first, and valued at the sum of one thousand 
 dollars 1,000 00 
 
 84,877 74 
 Lot No. 7. ii 
 
 {Set it up.) 
 Whereof Acte. 
 
 Minuted en minute and of record in the office of Charles Cushing, the under- 
 signed Notary, of date the twenty-seventh day of February, one thousand eight 
 hundred and eighty-five, under the number nineteen thou.sand seven hundred 
 and eighty-two. 
 
 (Signed) C. Cushing, N.P., 
 
 Praticien. 
 
 Petition to the Notary to call a Family Council. 
 
 Canada. 
 Province of Quebec, ^ In the Superior Co>irt. 
 
 District of Montreal. 
 No. 244. 
 
 Robert Marling, et al Plaintiffs, 
 
 vs. 
 Thomas J. Marling, et al, hqual Defendants. 
 
 To Charles Cushing, of the City and District of Montreal, Esquire, Notary 
 Public and Praticien duly named in the above cause. 
 
I 
 
 'r^ 
 
 I 
 
 ; 
 
 i n 
 
 
 186 
 
 I'MtTAdK, ACTE DE—MAJdHS AND MIAO/IS. 
 
 The Petition of the Haiil Plain tiffH, 
 
 ReHpectfiilly repreHents : 
 
 That UH api)earH by the Hoheine of divi.sion and formation of nharoH by yon 
 in the above cauwe made, there are certain iimnovable properties in the ewtatew 
 of the hite Robert Marling and tlie late Dame Jane (Jraham his wife, which 
 said inunovable properties cannot conveniently be divided into seven shares or 
 lots, bnt that theie are in said estates other assets, and that the whole estate 
 can be conveniently and advantageously divided into seven lots withont the 
 sale of any of said immovable properties. 
 
 That it would be for the advantage of all the heirs of the said estates that 
 the said scheme of division and formation of shares should be conlirmed by the 
 said uperior Court. 
 
 That befoi'e Mic said scheme of division and formation of shares is submitted 
 to the said Court for homologation, the advice cf the relatives, and in default of 
 relatives the friends of the minor children issue of tlie marriage of the late 
 Robert Marling and the late Dame Jane Graham his wife should be taken upon 
 the said scheme of division and upon the approval and homologation thereof by 
 the said Court. 
 
 Wherefore Plaintiffs, now Petitioners, pray that a family council compo.sed 
 of the relatives, and in default of relatives the friends, of said minor children 
 be duly convened and held before you for the purpose of giving their advice 
 upon the said scheme of division so as aforesaid made by you, that the advice of 
 said family council be taken thereon, and that the proceedings of said family 
 council with their advice in this matter be annexed to your report as such 
 Praticien, to form part thereof, the whole with costs. 
 
 Montreal, 20th February, 1885. 
 
 (Signed) S. A. Lebourveau, 
 
 Attorney for Plaintiffs 
 now Petitioners. 
 The Defendants consent to the foregoing. 
 
 (Signed) Macmaster, Hutchinson & Weir, 
 
 Attorneys for Defendants. 
 
 Province of Quebec, > 
 District of Montreal. ^ 
 
 I, Thomas James Marling, of the City of Montreal, in said District, 
 Gentleman, being duly sworn on the Holy Evangelists, do depose and say : 
 
 That the minor children mentioned and referred to in the annexed petition 
 issue of the marriage of the late Robert Marling, in his lifetime of the said City 
 of Montreal, Merchant, and Dame Jane Graham his wife, have no other male 
 relatives residing within the said District of Montreal than those present. 
 
 Sworn before me at the City ^ 
 
 of Montreal, this 26th day > (Signed) Thomas J. Marling, 
 
 of February, A.D. 1885. ) 
 
 (Signed) C. Cushing, 
 
 Connn. Superior Court, Dist. Montreal. 
 
PAnrMiK, AGTt: nn majors and ,)fix(>ns. 
 
 18T 
 
 Report of Family Oounoll. 
 
 On this twcnty-Mixth day of Fel)ruiiry, one thouHand eight hundred and 
 eighty-five, 
 
 Bkkouk Charles ('iiHhiiijj;, the iniderslgned Notary Piihlii! for the Province of 
 Quebec, residinj;; in thi; (!ity of iMontreal, and I'raticien duly n •ui'd and 
 appointed by jiidjufnient rendered in the Superior Court of Lower Canada for the 
 District of Montreal, on the twenty-third day of Deceniher last (1S(S4) in that 
 certain cause or suit hearing the No. 241 among the records of said Court 
 wherein Robert Marling, cf ai, are Plaintifls, and Thomas .Fames Marling, et al., 
 itiqiKiI., are Uefendants. 
 
 Appeared tlus said Robcirt Marling, rf <il., the I'laiiitills in the above cause, 
 by their Attorney, Stedman A. Lebourveau, of Montreal aforesaid, Advocate, 
 
 Who has caused to be assembled before me the said Notary for the ])urpose« 
 mentioned in their petition i)resented to me the twentieth day of February 
 instant (188')) to the intent that the relatives, and in default of relatives the 
 friends of tin; minor children issue of the marriage of the late Robert Marling 
 deceased, in his lifetime of the City of Montreal, Menjhant Tailor, with Danu 
 
 Jane (Jraliam his wife, also deijcased, should give their advice upon the state- 
 ment of account and scheme of division of the successions of the said late 
 Robert Marling and of the said late Dame Jane Graham, made and prepared by 
 the said Charles Ciishing, Notary Pul)lic, Praticieu duly appointed for that 
 purpose, in order that the said scheme t)f division and foiination of shares may 
 be submitted to the said Superior Court for homologation, the following relatives 
 and friends of the said minors, to wit: 
 
 Thomas .Fames Marling, Gentleman, brother to said minors, Aiulrew Mar- 
 ling, senior. Cutter, pateriud uncle, Thomas Marling, Clerk, paternal cousin, 
 Andrew Marling, junior, Bookkeeper, paternal cousin to said minors, and in 
 defaidt of I'elatives, Robert A. Dunton, Notary, Samuel Iligginbottoni. Merchant 
 Tailor, and Thomas Bnrdon, Accountant, friends of the said minors, all residing 
 in the said City of Montreal. 
 
 Who having heard the said petition read, and having attentively i-ead and 
 examined the said report, containing statement of account and scheme tor 
 division of the estates and successions of the said late Robert Marling and Dame 
 Jane Graham, prepared by the said Charles Cushing, Practicien, and being duly 
 sworn on the Holy Evangelists to give their advice in the premises, unanimously 
 say and declare that they are of opinion that the report, scheme of division and 
 formation of shares be approved and confirmed, as in said petition prayed. 
 
 Whereof Acfe at the said City of Montreal, on the day, month and year 
 herein first written, and the said parties have hereunto severally set their 
 hands with and in presence of the said Notary, after due reading of these 
 presents, executed and delivered en hrevSt. 
 
 (Signed) 
 
 (( 
 
 Thos. J. Marling. 
 Andrew Marling, sr. 
 Thos. Marling. 
 A. Marling, jr. 
 
 (Signed) Samuel Higginbottoni. 
 " R. A. Dunton. 
 
 " Thos. W. Burden. 
 
 " C iushing, N.P., 
 
 Praticien. 
 
188 
 
 PARTAGE, AGTK DE— MAJORS AND MINORS. 
 
 Motion for Homologation of Scheme. 
 
 'r;. 
 
 11 
 
 
 
 1 
 
 i 
 1 
 
 
 pi 
 
 Canada. 
 Province of Quebec, 
 District of Montreal. 
 No. 244. 
 
 In the Superior Court. 
 
 Robert Marling, et al Plaintiffs, 
 
 V8. 
 
 Thomas J. Marling, et ah, esqual .Defendants. 
 
 Motion on the part of Plaintiffs that the report of Charles dishing herein, 
 together with the advice of the family council thereon, thereto annexed, he 
 duly homologated. And further that the parties hereto be sent before the said 
 Charles Cushing, of the City and District of Montreal, Notary Public, to di'aw 
 the lots in said report set forth, and that the said Charles Cushing be duly 
 named for such purpose, with costs. 
 Montreal, 2nd March, 1885. 
 
 (Signed) S. A. Lebourveau, 
 
 Attorney for Plaintiffs. 
 
 Defendants consent that the above motion be made on the said second day 
 of March, 1885, and further that the same be granted. 
 
 (Signed) Macmaster, Hutchinson & Weir, 
 
 Attorneys for Defendants. 
 
 Province of 
 District of Mo 
 
 No. 244. 
 
 Judgment Ordering the Drawing of Lots. 
 
 Superior Court. 
 
 Qi/EBEC, ) 
 
 ontreal. ) 
 
 The second day of March, one thousand eight hundred and eighty-liv j. 
 Present — The Hon. Mr. Justice Mathieu. 
 
 Robert Marling, et al Plaintiff's, 
 
 vs. 
 Thomas J. Marling, et at, Esqual Defendants, 
 
 The Court, on motion of S. A. Lebourveau, Esquire, Attorney for Plaintiffs, 
 doth order that the parties hereto be present before Charles Cushing, of the 
 City and District of Montreal, Notary Public, to draw the lots in the report of 
 said Charles Cushing set forth, and doth name the said Charles Cushing tor such 
 purpose. 
 
 ^By the Court.) 
 
 (Signed) Geo. H. Kernick, Depy. P.S.C. 
 
PARTAGK, AOTE DE~MAJOItS AND MINORS. 
 
 189 
 
 Canada. ^ 
 
 Province of Qukbec, > In the Superior Court. 
 
 District of Montreal, j 
 
 Robert Marling, et al Plahitijfs, 
 
 vs. 
 Thomas J. Marling, et al., esqmil DefeinhintH. 
 
 To Messrs. Macmaster, Hutchins'w^ & Weir, Attorneys for Defendants. 
 
 Sirs, 
 
 By judgment in the above cause rendered this day, the parties in said cause 
 have been ordered to appear before Charles Cushing, of M«)ntreal, Notary 
 Public, for the pnrpose of drawing the lots set fortli in the report of said Charles 
 Cushing as Praticien lu;ein, and said Charles Cushing linth been named for .such 
 purpose. The Defendants are hereby notified iwul recpiired to be and appear 
 l)efore tlie said Charles dishing, for the purpose of drawing said lots, at his 
 office. No. 110 St. James Street, Montreal, at ten of the clock in the forenoon, 
 on Tuesday, the third day of March instant. 
 
 Montreal, 2nd March, 1885. 
 
 (Signed) S. A. Lebourveau. 
 
 Attorney for Plaintiffs. 
 
 Received due notice and Defendants consent that the drawing of lots take 
 ])lace as above stated. 
 
 (Signed) Macmaster, Hutchinson & Weir, 
 
 Attorneys for Defendants. 
 
 Act of Drawinyr Lots. 
 
 On this day, the third of March, in the year of our Lord, one thou.sand 
 eight hundred and eighty-five, 
 
 Rekouk Charles Ciishinj^, the undersigned Notary Public for the Province 
 of Quebec, residing in the City of Montreal, 
 
 Appeared, Robert Marling and John (Iraliaui Marling, both of Jacksonville, 
 in the State of Florida, one of the United States of America, Planters, herein 
 acting and represented, to wit, the said Robert Marling by Robert A. Dunton, 
 Notary Public, and the said John Graham Marling, by Herl)ert S. Hunter, 
 Notary Pid)lie, both of the said City of Montreal, their respective Attorneys 
 duly appointed under and in virtue of two respective Powers of Attorney, both 
 executed before the undersigned Notary Public on the second dav of December 
 last (1884); 
 
 Thomas James Marling, Gentleman ; 
 
 Andrew Marling, senior, Cutter, in his capacity of tutor ad Itoc to Christina 
 Jane Marling ; 
 
 Thomas Marling, Cutter, in his capacity of tutor ad hoc to Andrew 
 Marling ; 
 
 Andrew Marling, junior, in his capacity of tutor ad hoc to William S. Mar- 
 ling, and 
 
 Samuel Higginbottom, Merchant Tailor, in his capacity of tutor ad hoc to 
 Isabella Marling, all of the said City of Montreal. 
 
190 
 
 PART AGE, AGTK DE-^MAJOltS AND MINORS. 
 
 
 K 
 
 I"' 
 
 I ?•? 
 
 I'll 
 
 '. 1 
 
 The said appearers being the parties named in the preamble of the present 
 partake, 
 
 Wlio declared that in accordance with an iut<n'lociitory judgment rendered 
 by the Honorable Michel Alatliien, one of the Judges of Her Majesty's 
 Superior Court for Lower Canada, in nnd for the District of Montreal, the second 
 of Mai'ch instant (1885), the Court hoiuologated the report of experts before 
 mentioned, dated the twentieth day of December last (1884), and the division 
 of the estates of the said late Robert Marling and Dame Jane (Jraham his wife, 
 into seven (7) lots by the said undersigned Notary, and directed the parties to 
 appear before C. Cushing, the undersigned Notary, at his office, then and there 
 to proceed with the drawing of lots in the usual manner. And that by notice 
 received by the said Defendants, they with the other parties hereto were 
 required to appear before the said Notary this diiy. 
 
 In com[)liance Avith which oi'der and notice the said parties have appeared, 
 and have proceeded as follows : 
 
 Di.'.wing of the Lots. 
 
 In the first place the name of each of the seven children heir.s-at-law of 
 the said late Robert Marling and Dame Jane Graliain was written on a separate 
 slip of paper, the seven slips of paper of similar si/e and shape were then eacii 
 folded alike and placed in a hat, and a boy named George Lillie was blindfolded 
 and led to the table on which the hat with the slii)s of paper lay. And it 
 having been agreed that the name <m the slip of paper first drawn from the hat 
 should receive the lot first described in the division of the said estates, and 
 the name on the slip of paper secondly drawn from the said hat should receive 
 the lot secondly described, and so on until all the slips of paper werj drawn, the 
 said George Lillie was ordered to draw the said slips of paj)or one by one, which 
 he did, with the following result, to wit : 
 
 First William Marling. 
 
 Second Andrew Marling. 
 
 Third Christina Jane Marling. 
 
 Fourth Robert Marling. 
 
 Fifth John Graham Marling. 
 
 Sixth Isabella Marling. 
 
 Seventh Thomas James Marling. 
 
 Whereupon the said Charles Cushing declared that the lots had been 
 apportioned as follows : 
 
 Lot No. 1 to William Marling, 
 
 Lot No. 2 to. ... - Andrew Marling, 
 
 Lot No. 3 to (Jhristina Jane Marling, 
 
 Lot No. 4 to Robert Marling, 
 
 Lot No 5 to Tohn Graham Marling, 
 
 Lot No. 6 to Isabella Marling, 
 
 Lot No. 7 to Thomas James Marling, 
 
 and the various titles and securities have been handed to the several heirs for 
 
 their respective properties in so far as practicable. 
 
 And the said co-parti tioners have requested the said Notary to deliver to 
 each an extract of the share acquired by him or her as aforesaid. 
 Whereof Acte. 
 
 
il* 
 
 PARTAGE, ACTE DE— MAJORS AND MINORS. 
 
 191 
 
 Done and passed, at the said City of Montreal, in the office of Charles 
 Gushing, the said Notary, on the day, month and year first hereinbefore written, 
 under the number nineteen thousand seven hundred and ninety-two, and 
 signed by the said parties hereto, with and in the presence of me the said Notary 
 alter due reading hereof. 
 
 (Signed) Robert Marling, 
 
 by his Attorney, 
 II. A. Dunton. 
 " John G. Marling, 
 
 pr. 11. S. Hunter, 
 Attorney. 
 
 (Signed) 
 
 Thos. J. Marling. 
 Andw. Marling, sr. 
 Thos. Marling. 
 R. Marling, jr. 
 Samuel Higginl)ottom. 
 C. Cashing. N. P. 
 
 
 Canada. 
 Province of Quebec, 
 District of Montreal. 
 
 In the Superior Court. 
 Robert Marling, et ul Phtliifijf's, 
 
 vs. 
 
 Thomas J. Marling, d aJ. , esqiial Defendants. 
 
 The parties hereto, Plaintiffs and Defendants, hereby consent and agree 
 that the amounts to be paid back by Christina Jane Marling and Robert Marling 
 in order to equalize the respective shares, be paid to Cbarles Cusliing, of Mont- 
 real, Notary Public, to be by him paid over to the otiier heirs, according to tlie 
 report of said Praticien, each receiving his or her share thereof And hereby 
 pray Acte. 
 
 Montreal, March 3rd, 1885. 
 
 (Signed) S. /;.. Lebourveau, 
 
 Attorney for Plain tifls. 
 (Signed) Macmaster, Hutchinson & Weir, 
 
 Attorneys for Defendants. 
 
 Inscription of Cause for Final Hearingr. 
 
 Canada. ^ 
 
 Province of Quebec, > In the Superior Court. 
 
 District of Montreal. ) 
 No. 244. 
 
 Robert Marling, et id Philntiff-i, 
 
 vs. 
 Thomas J. Marling, et ah, e-sqiud Defendants. 
 
 I hereby inscribe this cause on the role ex parte for final hearing ex jtarte on 
 the fourth day of March instant, and hereof give notice to Messrs. Macmaster, 
 Hutchinson & Weir, Attorneys for Defendants. 
 Montreal, 3rd March, lb85. 
 
 (Signed) S. A. Lebourveau, 
 
 Attorney for Plaintiffs. 
 B}' consent. 
 (Signed) Macmaster, Hutchinson & Weir, 
 
 Attorneys for Defendants. 
 
 ;^f ! 
 
192 
 
 PARTAGE, ACTK DE— MAJORS AND MINORS. 
 
 Judgment. 
 
 'f,' 
 
 I '?(■ 
 
 m 
 
 ! *{ 
 
 i If ■ 
 
 , i(*i 
 
 t 
 
 
 Pkovince of Quebec, 
 District of Montreal. 
 No. 24-1. 
 
 Superior (Jourt. 
 
 The seventh day of Marcli, one thousand eight hundred and eighty-five. 
 Present — The Hon. Mr. Justice Taschereau. 
 
 Robert Marling and John Graham Marling, both of Jack.sonville, in the 
 State of Florida, one of the United S'-'^tes of America, Planters Plaintiffs. 
 
 Thomas James Marling, of the ( id District of Montreal, Gentleman ; 
 Andrew Marling, senior, of Montreal jsaid. Cutter, in his capacity of tutor 
 (ill hoc duly appointed for the purposes hereof to Christina Jane Marling, a 
 minor child issue of the marriage of the late Robert Marling, in his lifetime of 
 Montreal aforesaid, Merchant Tailor, and the late Dame Jane Graham his wife; 
 Thomas Marling, of Montreal aforesaid, Cutter, in his capacity of tutor ad hoc 
 duly appointed for the purposes hereof to Andrew Marling, a nunor child issue 
 of the marriage of the said late Roltert Marling and his wite the saiil late Dame 
 Jane Graham ; Andrew Marling, junior, of Montreal aforesaitL Bookkeeper, in 
 his capacity of tutor ail hoc duly ap[)ointed for the purposes hereof to William 
 Stewart Marling, a minor child issue of tiie marriage of the late Robert Marling 
 and his wife the said late Dame Jane Graham ; and Sauuiel lligginbottom, of 
 Outremont, in the District of Montreal, Merchant Taih)r, in his capacity cjf tutor 
 Oil Iiir duly appi)inted for the purposes hereof to Isabella Marling, a minor 
 child issue of the marriage of the said late Robert Marling and his wife 
 the said hite Dame Jane Graham Defeinlatits. 
 
 The Court having heard the Plaintiffs by their counsel upon his inscription 
 ex imrtc for final judgment in this cause en partaije by consent of the Defend- 
 ants, examined the proceedings and proof of record, seen the tiraije an sort fyled 
 in this cause, and deliberated; considering that by the said deed oi tiraije an sort 
 executed before Charles Gushing, Notary, on the third of March instant under 
 the order of the Court of date the second day of March instant, if appears that 
 the seven lots mentioned in the report of the said C. Gushing, Practicien, 
 appointed in this cause, were duly drawn between the seven children heirs-at- 
 hiw of the late Robert Marling and Dame Jane Graham, and that the said lots 
 have been apportioned as follows : Lot number one to William Marling, Lot 
 number two to Andrew Marling, Lot number three to Chx'istina Jane Marling, 
 Lot number four to Robert Marling, Lot nundjer five to John Graham Marling, 
 Lot number six to Isabella Marling, Lot number seven to Thomas James Mar- 
 ling, and that the various titles and securities have been handed to the several 
 heirs lor their respective properties in so far as practicable, 
 
 Doth confiriu and homologate the said tirmje an sort to all legal intents 
 and purposes, and doth in consequence declare the said William Marling to be 
 the legal owner of the said Lot number one, described in the said report of 
 practicien, as follows: 
 
 Lot Number One. 
 
 The sum of two thousand and twenty-six dollars and sixty-three cents, 
 being the amount due by Sauuiel Smith in principal and interest as recorded in 
 paragraphs one and two of chapter first of said report. 
 
 The sum of one hundred and one dollars and eleven cents in cash. 
 
 Jl! 
 
 m 
 
PART AGE, ACTE DE~IiETWEEN MAJORS. 193 
 
 The South-Wcst half of tliat certain h)t of hmd, etc., {Set up the rent as 
 before). 
 
 And doth declare the said Andrew Marling to be the legal owner of the 
 said Lot number two, descril)ed in the said report of said Praticien, as follows : 
 
 Lot Number Two. 
 
 {Set np the Lot.) 
 
 And doth declare the said Christina Jane Marling to be the legal owner of 
 the ,5.i.J Lot munber three, described in the said report of said Praticien, as 
 follows : 
 
 Lot Number Three. 
 
 {Set it up. ) 
 
 The said lot number three forming a total sum of six thousand and forty- 
 four dollars and twenty-five cents ($0,044.25). 
 
 And inasmuch as this sum is one thousand one hundred and sixty-six 
 dollars and fifty -one cents more than the said lot number three is entitled to, it is 
 ordered that the said Christina Jane Marling do jKiy back the said sum to 
 Charles Gushing, the said Praticien, to be by him paid over to the other heirs 
 according to the said report, each receiving his or her share thereof as agreed 
 npon by the said parties under the agreement fyled in this cause. 
 
 And doth declare tiie .said Robert Marling to be the legal owner of the .said 
 Lot number four, described in the said report of said Praticien, as follows : 
 
 Lot Number Four. 
 
 {Set it up.) 
 
 And inasmuch as it is declared and stated in the said report of the practi- 
 tioner that the date of entering into the separate enjoyment of their shares in 
 said succession by the said several heirs is fixed Ibi the fifteenth day of 
 January last (1885). 
 
 The Court doth order that the said several heirs be put into possession of 
 the lots allotted to them respectively as aforesaid, said possession to reckon from 
 the said fifteenth day of January last, the whole with costs against the said 
 estate, distniitfi to S. A. Lebourveau, Attorney for Plaintiffs. 
 
 (Signed) Honey & Gendron, P.S.C. 
 
 PART AGE, ACT OF— BETWEEN MAJORS. 
 
 On this day, etc.. 
 
 Before, etc., 
 
 Per.sonally appeared, A. D., B. D., and C. D. {resi(?<iices and ocmpafiom), 
 
 Who have hereby proceeded to the division among them of the property 
 and effects composing the succession of their father, the late R. D., deceased, in 
 his lifetime of {rfsidfncr and ornipa/ion), in the following manner : 
 
194 
 
 PARTAGE, ACTE DE— BETWEEN MAJORS. 
 
 
 , Avithout having 
 
 PRELIMINARY REMARKS. 
 
 The said late R. D. departed this life on the 
 previously made a Last WiU and Testament. 
 
 No inventory was made of his succession, but its place will be supplied by 
 the declaration of the parties, who hereby waive the formality of an inventory. 
 
 The sum of $2,000 was found in cash, and out of it were paid the funeral 
 expenses, and expenses of last illness of the deceased, the servants' wages, and 
 other incidental charges, and the balance was divided equally among the said 
 parties hereto. 
 
 The movable effects of the estate, valued by the said parties hereto at 
 $3,000, have been divided into three equal lots, and will l)e comprised in the 
 mass of the estate hei'einafter mentioned. 
 
 Inasmuch as the said late R. D. had accounted eight years since to his said 
 chikh'en for their respective shares in their late mother's estate, no further 
 reference thereto is here made. 
 
 In addition, however, to such accounting, the said late R. D. had heretofore 
 advanced to his eldest son A. D., on the occasion of his marriage, the sum of 
 $5,000, mid to his youngest son C. D., to enable him to start in business, the 
 sum of $8,000, on account of their interest respectively in liis estate, while the 
 said B. D. has not received anything, and to equalize the position of the parties 
 it has been agreed that the said A. D. should be allowed to select property to 
 the estimated value of $3,000, and the said B. D. property to tlie estimated 
 value of $8,000, from the mass of the estate before its division as hereinafter 
 mentioned, the said A. D. and C. D. being unable to return their advances. 
 
 And the said parties hereto, having already divided among themselves the 
 revenues of the estate and succession, the present operation will only conq)re- 
 hend the capital sums and immovable property. 
 
 
 ■II 
 
 ''k& 
 
 r 
 
 Mass of the Estate. 
 
 (^Here enter a de.scri]>li(>n of the bntnovahle propert!cn (did the i-dhie.t the parties' 
 have agreed to place upon each propertji, lefis the mnrt(/a<je^, If (mj/, then the invest- 
 ments, swh as moneif loaned on niortf/atje, stocks, etc., as in an inrentorij, then an 
 entry respecting the movables, not in, detail, hnt that the lot has heen. rained us afore- 
 said at ^3,000.) 
 
 Pretakings. 
 
 {Entei' next the property chosen hy A. D. to the vcdue of $8,000, and hy B. D. 
 to the valve of $8,000, to equalize the drawings of tlie parties). 
 
 Leaving the net value of the estate and succession to amount as by the 
 valuation of the said parties to the sum of $90,000. 
 
 ^1- 
 
 I 
 
 Debts of the Estate. 
 
 The said parties declare that there are no charges against the said estate, 
 save and except such as have already been paid out of the cash on hand as 
 hereinbefore mentioned, and they agree to pay in the proportion of one-third 
 each the cost of these presents, consequently the division of the remainder of 
 the estate, valued as aforesaid at the total sum of $00,000, into three equal 
 parts, has been proceeded with as follows : 
 
. 
 
 PARTAGE, ACTE l)E— BETWEEN MAJORS. 195 
 
 CoMl'OSniON OV THE LOTS. 
 First Lot. 
 
 1. A lot of land {>jicc description) valued at $7,000.00 $7,000 00 
 
 2. A farm {(jhe ilescriplion) valued at $10,000 10,000 00 
 
 ?). The sum of .^9,000 due by M. N. (residence clnd occnpation) 
 
 to the said late R. D. {Set up the deed, of ohlujaiion, etc.) 9,000 00 
 
 4. The sum of $3,000, etc .' 3,000 00 
 
 5. The one-third of the movable effects hereinafter mentioned, 
 
 valued at $1,000 1,000 00 
 
 Amounting in all to the sum of $30,000 $30,000 OO 
 
 Second Lot. 
 {Descrl/jt t/iii and the third lot in the same wai/.) 
 
 Habendum Clause. 
 
 Each of the said "o-proprietors will enter into pos.session of his share from 
 the date hereof, and will have the rig it to dispose thereof as he may think fit, 
 and will be entitled to collect and receive the rents and revenues thereof from 
 the 
 
 Ohargres and Oonditions. 
 
 The abandonments and cession will be made with the usual legal warranty, 
 including warranty of the solvency of debtors hereafter, and until the expiry 
 of the delay for payment of the debts respectively. 
 
 Each co-partitioner will take the properties falling to his lot in the condition 
 in which tiiey now are, maintaining the passive servitudes, and having the 
 right to avail himself of the active servitudes at his own charges and without 
 recourse against his former co-proprietors. 
 
 Each of the propiietors will pay all assessments and other charges imposed 
 and that may be imposed on his respective properties, computed ft'om 
 the , and will be bound to respect the existing leases, so that his 
 
 co-pArtitioners will not ])e troubled in the premises. 
 
 Drawing the IiOts. 
 
 The said co proprietors having declared and agreed that the lots as 
 prepared are of e(jual value, proceeded to draw lots therefor, with the result that 
 the first lot fell to the said B. D., the second lot to the said C. D., and the third 
 lot to the said A. D. 
 
 Whereupon each of the said co-partitioners declared to have accepted and 
 herel\y accepts the lot drawn by him, and cedes and abandons the other lots to 
 his co-partitioners. 
 
 The said lots being of equal value the present division or partage is made 
 without any compensation or boot, soidt de retoar. 
 
 Transfer of Titles. 
 
 Each co-partitioner acknowledges to have received and to be in possession 
 of the titles to the properties and effects abiindoned to him, and of the share of 
 
196 
 
 PAIiTNERSlllP, AliTVLES UF. 
 
 niovabloH allotted him, and will not therefore have any recourse upon hia 
 co-partitioners hereafter. 
 
 And for the execution, etc. 
 
 Done and passed, etc. 
 
 (N.B. — When there are several co-partitioners and a number of immova- 
 bles, it will be well to execute deeds l)y all the co-partitioners to each one of his 
 lot, in order that each may have a title deed, more convenient than a bulky 
 parfage or a naked extract.) 
 
 Partnership — 
 
 1. Articles. 
 
 2. Continuation. 
 
 3. Declarations for Registration. 
 
 4. Limited. 
 
 5. Declarations for Registration, three forms. 
 
 6. Dissolution, two forms. 
 
 7. Declarations of Dissolution for Registration. 
 
 PARTNERSHIP, ARTICLES OF, C. C. 1830 et seq. 
 
 On this day, etc.. 
 
 Before, etc., 
 
 Personally appeared, A. B. and C. D. [residences and occapatiouN,) 
 
 Who declared to have covenanted and agreed, and by these presents do 
 covenant and agree with each other, in manner and lorm following, that is to 
 say : 
 
 1. A co-partner.ship is hereby formed between the parties hereto for the 
 purpose of carrying on together the trade and business of Wholesale Dry Goods 
 Merchants, in all the .several and respective branches thereof, and in all things 
 appertaining to the same or incidental thereto. Which said co-partnership is 
 thus entered into, subject to the conditions, stipulations, agreements and 
 covenants hereinafter mentioned and set forth, that is to say : 
 
 2. The mime of the firm shall be A. B. & Company, and the same shall 
 continue for live years from the date hereof, subject to dissolution earlier by 
 either partner giving the other six months previous written notice of such his 
 desire and intention. 
 
 3. The principal place of business of the said lirm shall be at 
 
 4. The capital required to carry on the said joint business shall V virnished 
 by the said parties, as follows : — 
 
 {Mention Capital.) 
 
 5. All rents of stores, offices, warehouses, wages of clerks and of workmen 
 and others, as well as all expenses generally whatsoever incurred in the 
 prosecution of the said joint business, or incidental thereto, shall be charged to 
 the said firm. 
 
 6. After payment of all rents, wages and expenses as aforesaid, and deduc- 
 tion ot" all losses sufl'ered, and interest on input capital at the rate of six per 
 
PAUTNKRSIIIP, ARTICLES OF. 
 
 197 
 
 , 
 
 ; 
 
 reiitniti prr anmiin, all profits which may then appear to have been made, shall 
 be carried to the credit of the said parties hereto, in tlie following proportions, 
 viz : — one-half to each partner. 
 
 7. Kach and every one of the said co-partners shall devote to tlie siiid joint 
 bnsiness, the whole of his time, skill, energy, experience, and bnsiness know- 
 ledge, for the henelit and advantiige of the whole; and shiill not, on any 
 pretence whatever, carry on any trade or business, or enter into any speculation 
 individually or with others, for his private advantage. 
 
 8. Ncme of them, the said co-partners, shall at any time hereafter, use the 
 signature of the said firm either in granting or endorsing promissory notes, or 
 granting, accepting or endorsing bills of exchange, or in incurring any liability 
 whatsoever, except for the actual, legitimate and proper use, business, and on 
 account of this co-partnership, nor shall they or either of them enter into any 
 bond, or become bail or surety to or for any person or persons whatsoever for 
 any matter, cause or thing whatsoever, not being for tlie proper use, and on 
 account of the said joint business. 
 
 9. The said parties heret ,« shall not draw out of the [)rolits of tlie conceii 
 annually, mcH'e than the following sums of money, vi/, : — twenty dollars a week 
 each. 
 
 10. There shall be kept from time to time, and at all times during the said 
 term and co-partnership, perfect, just and true books of account, wherein shall 
 be duly entered and set down, as well all such sum and sums of money b\ them 
 received, paid, expended and laid out, in and about the management of the said 
 joint trade, as also all goods, wares, merchandise and connnodities bought and 
 sold, by reason or means, or upon account of the said co-partnership, and all 
 other matters and things whatsoever relating to the said joint business, and 
 the nninagement thereof, in anywise belonging or ai)[)ertainiiig ; which said 
 books shall I)e used in common between the said co-partners, so that either 
 of them shall, at all times, have free access thereto, without any interruption 
 of the other. 
 
 11. An inventory of the whole stock-in-trade of the concern shall l)e taken 
 once every year, on the thirty-first of December, when the books of tlie said 
 concern shall be balanced, showing the amount of losses sustained, and of profits 
 made and realized. 
 
 12. And iit the end of the term of the present co-partnership, or otiier 
 sooner determination of these presents, the business will be wound up within 
 the least possible delay, and after payment of all debts and liabilities of the 
 concern, and deduction of all losses, each partner shall take out whatever 
 amoiMit shall stand at his credit, as capital, in the books of the .said joint 
 business, and whatever may then remain of as.sets, whether consisting of goods, 
 wares and merchandise, sums of money, debts due to the concern, or in any 
 other slia])e, shall be divided among the said co-partners, in the following 
 proportions, viz : — one-half to each. 
 
 13. And in case of the death of any or either of the said co-partners, the 
 partnership Avill be wound up with the least possible delay, etc. 
 
 14. Should there arise any difficulty or dispute between the said parties 
 hereto either during the continuance hereof, or at the final winding u[) of the 
 affairs of the said co-partnershij), all said difficulties and <lis[)utes shall be 
 submitted to the arbitration and award of two disinterested persons to be 
 indillerently chosen as arljitrators or aiiiiahlen coiiiponiUurn by the said parties 
 
198 
 
 i'Ain\v/:/{s/fH' ni-u'i..\u.\rinx for in:<nsTit.\Ti(iN. 
 
 Iiereto ; which said i\rl)itiiit()iH or ninlnhleH roini>oNih'iirH iiro aiithori/ud, in (!uho 
 of (lilVcnMu;!) of opinion, to iiiuii<> iiml ii|i|)()int a third or uiii[)irc, mid tiio 
 (U'cif^ioii ol' liny two ol tlu'iii will he liiial, tho Wiiid |mrlicH hiiidiii;;; and 
 ohliijinf!,' tiicnistdvos to abide by said decirtion as by tho jiidgmeiit of the hij^hest 
 tribunal. 
 
 Done and passed, etc. 
 
 CONTINUATION OF PAUTNKUS11U». 
 
 IJkfokk, etc., 
 
 I'ersomilly a|)peared, A. B. and C. I), {rrsi'diiurs (tni7 iifnt/infloiis,) 
 
 Who have herel)y agreed to continue the partnership entered into by them 
 HH for years, from the , under the name, style and 
 
 firm of A. B., C. D & Company, by articles of partnership bearing date and 
 passed before tlie undersigned Notary the 
 
 The .said continued partnership shall subsist tor the term of years, 
 
 com])uted from tlu 
 
 , under and subject to the charges, covenants and 
 
 conditions set forth in the said articles of partiun'ship. 
 
 The capital of the said continued partnership shall be that established by 
 the last stock laki.tg. 
 
 Done and passed, etc. 
 
 '*'! ' 
 
 DECLARATION OF FIRM NAxME, Stat. Que., 48 Vic, Cap. 2'J. 
 
 Province of Quehkc, 
 District of Montreal. 
 
 I, A. B., of the City of Montreal, in the Province of (Jiielu'C, (irocer. hereby 
 certify that I carry on, and that I intend to carry on, business as (Irucer, at the 
 said City of Montreal, under the style and lirm of A. 13. k Co., and that no 
 other i)er.son is associated with me. 
 
 Witness my hand, at the City of Montreal, this 
 
 PARTNERSII I P— DEC L ARAT 1 0N8 FOR RE( } ISTR ATION, 
 
 C. C. 1834 and C. S. L. C, Cap. 05. 
 
 Pkovinck ok Quebec, > 
 District of . ^ 
 
 We M. N. and P. Q., of the City of Monti'eal, in the County of IIi>chelaga, 
 Grocers, hereby certify that we (have carried on and) intend to carry on ti'ade 
 and business as Grocers, at Montreal, in partnership under the name and firm of 
 M. N. & Couipany, (or as the case may be) or I (or we) the undensigned, of the 
 City of Montreal, hereby certify that I (or we) (have carried on and) intend to 
 carry on trade and business as Grocers at the City of Montreal, in partnership 
 with C. D., of the said City of Montreal, and E. F., of the (Jity of Quebec, and 
 that the said partnership hath subsisted since the first day of May, one thousand 
 
 
PAnTNHItHllir, I.I.Mir Kit. 
 
 190 
 
 ei^lit hiindrt'd and eighty-nix, mid tluit we (or I, or we, tlio Maid (!. I), and K. 
 K.) are and luivo bcon wincn tint waid day tlio only int'nd)or.s of the said 
 liartniTHhip. 
 
 Witni'ss onr (or any of onr) handn, at Montreal, this lirst day of Ootober, 
 one thonsand eiylit hnndred and eiglity-Hix (or a.s the case may he). 
 
 I.IMITKI) 1>A11TNERSI111\ (J. (J. 1S71 <t srq. 
 
 Bkfohk a. B., the iniderHigned Notary Puhlic;, for the Provinc^e of (^lebec, 
 rewiding at 
 
 Personally appeared, C. D., II. G. and U. K.. all residing in , 
 
 Merchants, M. N. (rcsiilnicv {iiuJ oci'iipaiion) and I'. Q. (rcN'uh'.nci' dinl (tcciipatioii^ 
 
 who, with the view and intenticai of entering into partnershi[) nndt-r the tt-ims 
 
 of the Act resjiecting limited partiuM'ships, have oovenai'ted and agreed and by 
 
 these presents do covenant and agree with eacdi other in miinner and form 
 
 following, that is to say : — 
 
 Article 1. 
 
 A co-partnership is herein' formed between the parties liereto, for the pur- 
 ])ose of carrying on together the trade and business of Wholesale Dry Goods 
 Merchants in all the several and respective branches thereof, and in all things 
 appertaining to the same as incidental thereto. Which sai<l co-partnership is 
 thus entered into, sidjject to the conditions, stipulations, agreements and 
 covenants hereinafter mentioned and set Ibrth, that is to say : — 
 
 Article 2. 
 
 The name of the lirm shall be C. I)., H. G. & Compan3\ 
 The said C. D., II. G. and 11. K. shall be the general partners, and the said 
 M. N. and P. Q. shall be special partneis. 
 
 years computed from the date 
 , and terminating the 
 
 Article 3. 
 
 The said firm shall be continued for 
 hereof, commencing on this day of 
 
 day of 
 
 Article 4. 
 
 The dissolution of the .said partnership may be demanded by any one of 
 the partners, in the event of the loss of more than one-third of the capital. 
 
 Article 5. 
 The principal place of bu.siness of the .said firm shall be at 
 
 Article 6. 
 
 The capital required to carry on the said joint business shall be fnrnished 
 b}' the said parties as follows : 
 
 IJy the said C. D., II. G. and R. K. the sum of $ each, of which the 
 
 (me-half has been paid in cash, one-fourth each of the remainder is placed to 
 their credit severally as the value, represented by their books of account of the 
 assets of the business heretofore carried on by them at aforesaid as 
 
 Dry Goods Merchant.s, and which said assets it is hereby agreed shall at .said 
 
200 
 
 f'A nrxh'iisi/ir, i. imitkd. 
 
 valuation form jmrt of tlio aa.sotH of tho saiil new firm ; and the ronmininf? ono- 
 foiirtli c'licli hIiiiII lie piiid into tlio lirni during tliu lii'Ht year of tliu naid prertunt 
 imrtnor.slii|). 
 
 \\y till' .said M. N. and 1*. (^ the mun of % eacli, now paid in cash. 
 
 Article 7. 
 
 Tntcrcst shall In* allowed each partner on the capital at his credit in the 
 hooks ol the firm at the rate of /»'/• irntiiin jxr tiiuniui, which interest the 
 
 said partners shall be entitled to draw half-yearly. The said capital shall be 
 held to include as well all profits not drawn out of ♦he said businesH as all further 
 capital contributed thereto. 
 
 And it is hereby aj^reed that no funds entered to th'^ credit of any partner 
 as capital can be withdrawn until months notice sli.ll have been given in 
 
 writing of such intention to withdraw. 
 
 Article 8. 
 
 if 
 
 *i 
 
 f : 
 
 All rents of stores, ollices, warehouses, wages of clerks and of workmen and 
 others, as well as all exjx'uses generally whatsoever incurred in the pro.secuiion 
 of the said joint busines.s, or incidental thereto, shall be charged to the said firm. 
 
 Article 9. 
 
 deduction 
 all profits 
 (lit of the 
 
 After payment of all rents, wages and e.xjienses as aforesaid, and 
 of all losses suil'ered, and of interest on the input ca[)ital as aforesaid, 
 which may then appear to have been made, shall be carried to the ere 
 said partners, in the following proportions, namely: 
 
 The said (J. D. four-eighteenths. 
 
 The said II. G. four-eighteenths. 
 
 The said R. K. four-eighteenths. 
 
 The said M. N. three-eighteenths. 
 
 The said P. Q. three-eighteenths. 
 
 If the results of the Ijusiness should in any year show a loss, it shall be 
 borne by the said partners in the like proportion. 
 
 Article 10. 
 
 Each of the said general partners shall devote to the said joint business 
 the whole of his time, skill, energy, experience and business knowledge for the 
 benefit and advantage of the whole ; and shall not, on any pretence whatever, 
 cai-ry on any trade or business, or enter into any speculation individually or 
 with others for his private advantage. 
 
 Article 11. 
 
 The said C. D. and H. G. only shall have the right to sign the name of the 
 firm in all business tran.sactions, and their signature alone shall be binding on 
 the firm, and none of them, the .said co-partners, shall at any time hereafter use 
 the signature of the said firm either in granting or endorsing promissory notes, 
 or granting, accepting or endorsing bills of exchange, or in incurring any 
 liability what.soever, except for the actual, legitimate and proper u.se, business, 
 and on account of this co-partnership, nor shall the said general partners or any 
 of them enter into any bond, or become bail or surety to or for any person or 
 persons whomsoever for any matter, cause or thing whatsoever, not being for 
 the proper use and on account of the said joint business. 
 
rAlTNF.ItSllll', l.lMITKh. 'JO I 
 
 Artiole la. 
 
 Ill mldiiion to tlicir hIhhi! of tlm |>n)litH, wliicli may he drawn aH liciviii- 
 heforc provided, the Hiiid (J. »)., H. (J. and II. K. hIuiII eacli he entitled t(» draw 
 the HMin ol' % a month I'oi Iivin<!; ex|)e seH, winch drawinjis Hindi l»e elnir<^e(l 
 
 aH part ol' tiie expenHen of tite hnHinesH, and Hiniil not he imputed on tlieir Hhares 
 of the prolitH. 
 
 Article 13. 
 
 Thercf Hhall he kept from time to time and at all timen dnrin<^ the said 
 term and co-partner.sliip, perfect, jn.st and true hook.s of account, wherein Hhall 
 be duly entered and Het down, aH well all wnch nnm and HUinH of money by them 
 received, paid, expended and laid out in and ahoiit the management of tlie naid 
 joint trade, an alno all goodn, waren, merchandine and commoditien hoiight and 
 Hold by reason or meanH or on account of the Haid co-part nerHhip, and all other 
 matters and thingn whatsoever relating to the said joint hnsineHH and the 
 management thereof, or in any wise belonging or appertaining thereto; which 
 said bookn nhall he nned in common between the naid co-partnern, ho that each 
 of them shall at all times have free accenn thereto, without any interruption 
 Irom the others. 
 
 Article 14. 
 
 An inventory of the whole ntock-in-trade of the concern shall be taken 
 (once) every year on the day of , when the hooks shall he 
 
 balanced, shewing the amount of losses sustained and of prolits made and 
 realised. 
 
 Ai lole 16. 
 
 Each special partner shall be given a copy of each balance sheet prepared 
 during the continuance of the partnership, authenticated by the signatures of 
 all the general partners, and they shall be considered to have approved thereof, 
 unless they or either of them shall object thereto within (thirty) days of the 
 reception of said balance sheet. 
 
 Article 16 
 
 After the profits of each year shall have been ascertained, each general 
 partner shall be at liberty to withdraw the one-half of his share, and the 
 remainder shall be allowed to accumulate and form part of the capital of the 
 firm until the termination of the partnership. 
 
 The special partners may allow their profits or any portion thereof to 
 remain in the business if they think fit, and in such case they shall be 
 considered as creditors of the firm therefor at the rate of inr centnin pi'r 
 
 aiuiiiiii, payable half-yearly. 
 
 Article 17. 
 
 No member of the said firm .shall be at liberty to impair by overdrawing 
 the amount of his original input capital, and should it hereafter appear that any 
 member shall have drawn from tiie .said business more than his share of the 
 profits he shall be required to make good the deficiency or overdraft without 
 delay. 
 
 Article 18. 
 
 The general partners reserve the right to admit one or more additional 
 special partners until the capital shall have been increa.sed by the additional 
 sum of I , provided the proposed new partners possess commercial or 
 
 individual qualifications that will make them desiral>le and useful pintners, ii 
 
sr 
 
 ^£9 
 
 '202 
 
 PA nTNKnsiiii\ i.iMiTi:n. 
 
 
 f' 
 
 .(<■< 
 
 
 being well niuler.slood tliiit the proposed new partners will siil)mit and be 
 snbjeet to the elanses, covenants and eondidons herein contained aHecting the 
 special partners, and in sucii wise that their admission to the (inn shall not 
 operate any chaiij'e other than the lilVerence that will necessarily arise in the 
 division of the prolits. which will be apportioned proportionately to tiie capital 
 of the respective i)avtners and in conforniity with tiie provisions of Article !). 
 
 [Shoahl t/iis or the /olloiohxj article, he ik ted upon, the lei/al rei/nlreiiii'iiln iiiii.st 
 he carefit/li/ ohserred.) 
 
 Article 19. 
 
 Any one or more of the partners of the firm may demand the dissolntion of 
 the partnership when the losses sustained shall have impaired the capital to the 
 extent of one-third or upwards. 
 
 Article 20. 
 
 In the event of the death of one or more of the geneial partners during 
 the continuance of the said partnership, the business will be continued, provided 
 either of the said C. D. or H. G. survive, and the heirs or legal representatives 
 shall have the option of continuing the business or dis»(dving the partnership, 
 so far as the interest ol' the deceased is concerned. If they decide to continue 
 the business, the capital of the deceased siiall renu\iu on the same terms as 
 before, but the representatives of the deceased shall not be entitled to draw or 
 receive the annual allowance stipulated for in Article 12, which shall cease. 
 
 If they prefer to withdraw from the partnership, they must settle on the 
 basis of the last preceding balance sheet, which they will not have the right to 
 impugn or object to under any circumstances, and the capital which appears 
 thereby to be due to the deceased shall be paid to his heirs or legal representa- 
 tives, Avith interest thereon from the date of his death, as follows, tt) wit : — 
 
 Article 21. 
 In the event of the death of the special partners or either of them, their 
 heirs or legal representatives shall be bound to carry out and fullil all the 
 covenants and conditions to whitu the said special partners are bound by these 
 presents. 
 
 Article 22. 
 
 The said parties hereto shall decide whether tiie saiil partnership shall be 
 continued or dissolved and terminated six months prior to the expiration of the 
 term hereof, and should the partners fail to agree, the said partnership shall be 
 dissolved. If it be decided to continue the partnership, the necessary steps 
 shall be taken to ell'ect a continuation, regard being had to the then position 
 and circumstances of the partners respv.'ctively. 
 
 If a dis.solution be decided u{)oii, the li(pii(lation of the alliiirs of the lirm 
 sh.all be pnnieeded with by the general partners from the day hereinbefore fixed 
 for the ternnnation of the j)artnershi|), and during the six previous months they 
 shall not enter into any transaction tiiat will tend to delay or prolong the 
 li(luidation of the affairs of the firm, but they will on tiie contrary devote their 
 whole energies towards the realisation of its assets, and will divide the cash 
 realised among the partners monthly, and in proportion to the capital of each, 
 after making due provision for all the liaijilities of the concern. 
 
 Article 23. 
 
 After the termination of one year from the date of dissolution of the part- 
 nership, whatever may then remain of assets, whetiier consisting ol goods, wares 
 
 1 y< 
 
PA RTN Knsil IP —nKCLAllATlON OF LIMIT/:/). 
 
 203 
 
 and ineroljandi.se, debts due to the concern, or in any other shape, shall be 
 divided among the co-partners in the proportion of their respective capital, but 
 the books of account and other items of a like character shall be and remain in 
 the possession of the general partner whose name comes first in tiie (irm, over 
 and above his share, and it is understood and agreed that during the liquidation 
 of the affairs of the firm the general partners shall continue to receive and be 
 paid the emoluments specified in Article 12. 
 
 Article 24. 
 
 Should there arise any dilliculty or dispute between the said parties hereto 
 or their legal representatives, either during the continuance hereof, or at the 
 final winding up of the affairs of the said co-partnership, all such difficulties or 
 disputes shall be submitted to the arbitrament and award of two disinterested 
 persons to be indifferently chosen as arbitrators or (iiniihles coinpofiitciirs by the 
 respective ])arties at variance, whicii said arbitrators are authorised in case of 
 dift'ei'ence of opinion to name and appoint a third or umpire, and the decision of 
 any two of them will be final, the said parties binding and obliging themselves 
 to abide by saitl decision as by the judgment of the highest tribunal. {iS'oine- 
 iiincs It /iciKiffi/ /.s' iiisrrtciL) 
 
 Should either of the parties at variance fail to name an arbitrator within 
 (ten) days after having been formally rmpiired ao to do, the nomination will be 
 made by the President for the time l)eing of tiie Hoard of Trade, and in the 
 event of the arbitrators failing to appoint an umpire within the same delay 
 after they shall have ilisagreed in their decision, the umpire shall be appointed 
 in the same way. 
 
 Art cle 25. 
 
 F'or the execution Innvof, the said i)arties hereto have made election of 
 domicile, to wit, the general partners at the chief place of business of the said 
 firm, and the special partuers at tiieir respective places of residence herein- 
 before mentioned, where, etc. 
 
 Done and passed, etc. 
 
 
 DECLARATION OF LIMITED PARTNERSHIP, C. 0. 1875. 
 
 We, the undersigned do hereby certify that we have entered into co-part- 
 nership under the style or firm of (B. D. & Co.) as (Grocers and Commission 
 Merchants) whicli linn consists of A. li.. residing usually at , and C. 
 
 D., residing usually at , as general partners, and E. F. and G. 11., resid- 
 
 ing usually at , as K])ecial partners. The said E. F. having contributed 
 
 ($-l,0()0) and the said G. II. (^S,OUO) to the ca[)ital stock of the said partnership. 
 
 Which said co-partnership commences on the day of 
 
 thousand eight hundred and , and terminates on the 
 
 of , one thousand eight hundred and 
 
 In witness whereof we have signed at , this day of 
 
 one thousand eiiiht hundred and 
 
 Signed in the presence of me. 
 
 L. M., 
 
 Notary Public. 
 
 (Signed) 
 
 « 
 
 A. B. 
 C. D. 
 E. F. 
 G. II. 
 
 , one 
 day 
 
! il 
 
 
 
 204 PAHTNERSnir, DfSSOLUTfoy OF. 
 
 DISSOLUTION OF PARTNERSHIP, C. C. 1892 et aeq. 
 
 On this day, etc., 
 
 Before, etc., 
 
 Persoually appeared. A., of , ol' the first part ; 
 
 And B., of , of the second part, 
 
 Which said parties declared unto me the said Notary : 
 
 That the said B. retires from and after the from the iirm and 
 
 co-partnership business lieretofore (and still) carried on by the parties liereto 
 under the name and firm of A. & Co. 
 
 And the said parties further declare that they have settled all accounts 
 between them, and the said B. acknowledges to have received ainl been paid 
 the amount in full of his interest in the concern, for which he hereby gives a 
 full and final discharge and acquittance. 
 
 And he the said B. doth further make over all his right, title and interest 
 in all assets generally whatsoever of the said tirm of A. & Co. to the said A. and 
 his assigns forever, hereby naming and appointing him and them his Attorney 
 and Attorneys irrevocable in the premises, with full right to use his namu in all 
 proceedings, legal or otherwise, required to recover and get in all or any goods, 
 wares and merchandise belonging to the said concern, or all or any sum or sums 
 of money due to the same. 
 
 And he the said A. binds and obliges himself to pay to the perfect 
 exoneration and discharge of the said B. all and every the liabilities of the said 
 concern so that the said B. may not hereafter be troubled for or on account of 
 the same. 
 
 Done and passed, etc. 
 
 DISSOLUTION OF PARTNERSHIP. 
 
 Before, etc.. 
 
 Appeared, A., of, etc., of the one part ; 
 
 And B., of, etc., of the other part. 
 
 Who, wishing to dissolve the partnership which has existed between them 
 as Linen Merchants, on the terms hereinafter mentioned have agreed as 
 follows : — 
 
 Article 1. 
 
 The partnership lieretofore existing between the said parties hereto under 
 the name of A. B. & Co. as Linen Merchant.s, under articles of partnership 
 Txnssp 1 before , Notary, the , is and shall remain dissolved 
 
 and cancelled, and put an end to on and from the 
 
 Article 2. 
 
 From the present time until the said date of dissolution, no purchase or 
 other transaction which will delay the liquidation of the partnership shall be 
 made or entered into 
 
 The merchandise will, on the contrary, be allowed to be sold out, and all 
 possible means tnken to recover and receive in the debts due to the firm. 
 
PARTNEIiS/lir, DECLARATIONS <)F DlSSdlJ'TlDN. 
 
 205 
 
 Article 3. 
 
 After the inventory, which shall be made on the date hereinabove fixed 
 npon for the said dissolntion, the cash in hand and the notes and bills remaining 
 aft-er the payment of all debts and charges of the firm, will be divided between 
 the parties in the proportion of their respective interests in the concern. 
 
 Article 4. 
 
 The goods and other merchandise will be taken in li(|uidation hy the said 
 A., who nndertakes the liqnidation of the firm and the realization of the assets, 
 in consideration of an indemnity or compensation of o per cent, on the amount 
 of the sales and collections made by him. 
 
 Article 5. 
 
 The said liqnidation sliall be brought to a (tlose within one year from the 
 date hereof, and if at that time there still remains uiisoUl merchandise, it will 
 be disposed of by public auction, iniless the said A. prefers to retain it lor him- 
 self at a price to be decided upon by experts chosen by tiie said parties. 
 
 Article 6. 
 
 The said A. alone will have the right to the continuation of the lease of 
 the premises where the said business is carried on witliont charge for the good- 
 will thereof. 
 
 And on his part, the siiid B. will be at liberty to reopen business alone or 
 in partnership with others, as he may think l)est, in the same line of business 
 or any other. 
 
 Article 7. 
 
 The various parties with whom the said firm has done business will be duly 
 
 notified of the present dissolntion by circulars, whicli will be .sent to each of 
 
 them b}' the paid A. 
 
 Article 8. 
 
 The present dissolution will be published wherever necessary with all due 
 diligence by the said A. 
 
 And for the execution hereof, etc. 
 Done and passed, etc. 
 
 PARTNERSHIP, DECLARATIONS OF DISSOLUTION. 
 
 Province of Quebec, | 
 District of . ) 
 
 We, A. B. and C. D., both residing at , hereby certify J; at the 
 
 p.artnership business heretofore carried on by us as Grocers at , luider 
 
 the name, style and firm of A. B. & Company, iias been this day dissolved by 
 mutual consent (or as the case may be). 
 
 Witness our hands at , this day of , one thousand 
 
 eight hundred and eighty -six. 
 
 A. B. 
 
 C. D. 
 
I 
 
 
 •I 
 
 -iC' 
 
 ;I 
 
 206 
 
 PAYMENT, DELAY FOR. 
 
 Pass Book of Banl', AcquHlauce loheii Lost, .tec Bank. 
 Patent h'ights, Transfer of, see Trade Mark. 
 Faion, Contract of, see also 0'>li(/ation. 
 
 PLEDGE OF MOVABLES-PAWN— C. (J. 1906 ct seq. 
 
 Uefokk a. B., tlio undersigned Notary Public, etc., 
 
 Personally iippearod, C. D. {residence and occnpalion), who as additional 
 security for the payment of the sum of $ , in which he acknowledges 
 
 himself indebted to E. F. {residence and occupation), together with the interest 
 accrued and to accrue thereon at the rate of , computed from the day 
 
 of , and ii. further consideration of the extension of time for the 
 
 payment of the said deot, now hereby granted until the day of 
 
 Has at the execution hereof given and made over to the said E. F. thereof 
 accepting, as pledge and security the following movables {fiirnitnre or effects), 
 which he. the said C. D. declares well aiul truly to belong to him, to wit, {insert 
 description, or attach and ideniifn schedule). 
 
 The movables hereby transft'rred are hereby affected by special privilege 
 for the payment of the capital and interest due and to accrue as aforesaid. 
 
 The said E. F. shall be bound to return the said pledged and assigned 
 movables in the like good order and condition which tlicy now are, so soon as 
 the said debt, including interest and costs, is fidly ])aid. 
 
 Li the event of the non-payment of the whole or any part of the said 
 debt, interest and costs at the time stipulated, the said E. F. shall have 
 the right to retain po.ssession of the said pledged movables as his own absolute 
 property, or he may cause the same to be seized and disposed of in the usual 
 course of law at public auction, if he prefer, and from tiie proceeds repay him- 
 self by privilege and preference the amount in full of his said debt, interest 
 and costs. 
 
 Done and passed, etc. 
 
 !*• tl 
 
 n »■;■«■■ ■ ' 
 
 Payment, Delay for, see also Obligation. 
 
 PAYMENT, DELAY FOR. 
 
 And at the special request of the said C, the suid B. doth hereby ftgree to 
 grant to the said C. a delay of three years from the date hereof for the pay- 
 ment of the said capital sum of % , without novati(m however of or 
 prejudice in any way to the rights of mortgage and hypothec presently subsist- 
 ing in respect thereof, and on the express conditions Ibllowing, to wit: the said 
 C. shall not have the power to repay the said ca[)ital sum of $ within 
 the said jjcriod of three years, unless with the express consent in writing of the 
 said B.. his heirs or assigns. 
 
 Should he, the said C. fail in the payment of any of said interest payments 
 for ten days after the date stipulated for the payment of the same, the said 
 B., his heirs or assigns shall have the right to exact immediate payment of the 
 
 \\ 
 
PAYMENT, GIVING IN. 207 
 
 said capital stun of $ without any judicial demand or other formality 
 
 whatsoever, insurance to be ke[>t up by said C. as stipulated in favor of the said 
 B., his heirs and assigns, but it is ex[)ressly agreed that the clauses in tlie said 
 deeds with respect to the efl'ect of a total or partial destruction by fire shall in 
 no wise apply to the said B., his heirs or assigns, and on the contrary that in 
 case of lire or destruction of said property, the whole of said insurance money 
 shall be payable absolutely to the said B., his iieirs and assigns. 
 
 And for the execution, etc. 
 
 Done and passed, etc. 
 
 Paymeiit, Extension of Time, xee OMigatioii. 
 Pui/nienf, Giriiuj in — Dation en Paieine)it. 
 
 GIVING IN PAYMENT, (J. C. 1592. 
 
 Bkfore, etc., 
 
 Appeared, A., of, etc., and jJ., of, etc.. 
 
 Who, before proceeding to the giving in payment which forms the object of 
 these presents, declared as follows: 
 
 The said A. granted in favor of the said B. a deed of obligation for |1,000, 
 executed before the undersigned Notary, the 
 
 No hypothec was created to secure the repayment of the debt. 
 
 The principal was stipulated exigible the , witii interest thereon 
 
 at the rate of five per ceiidiii) per ainmni, payable the 
 
 The said A. lindiug it impossible to repay the said sum in cash has 
 proposed to the said B. to free himself by giving its equivalent. 
 
 Whereupon the said A. declares to have hereby given in payment and 
 abandoned, with warranty against eviction and trouble to the said IJ. accepting 
 tliereof. 
 
 The movables hereinafter mentioned {(rioe deNcription). 
 
 As the whole of the said objects actually exist and are situate, tiie said B. 
 declaring to be satisfied therewith, and to be in possession thereof. 
 
 In consequence of the said giving in payment, the said 15. hereby releases 
 and discharges the said A. from the payment of the said sum of $1,UU0, and all 
 interest thereon. Whereof (put. 
 
 The cost hereof shall be borne by the said A. 
 
 Done and passed, etc. 
 
 Pui/iiieiil iiiitler l^i-ofisl, .see I'mtcsf. 
 
i I 
 1! 
 
 :ji; 
 
 I 
 
 
 l' 'l 
 
 -. i I 
 
 Ik'' " 
 
 
 
 r fl 
 
 208 
 
 PKTITIONS, RULES FOR PUBLIC. 
 
 PETITIONS, RULES FOR PUBLIC. 
 
 The following rules should be observed with respect to petitions : 
 
 Lst. All petitions to tlie Crown or either House of Parlianient must be 
 written. Printed petitions will not be received. 
 
 2nd, They may be written on paper or parchment. 
 
 ord Tliere must be at least three signatures on the sheet on which the 
 petition itself is written, other sheets may be added for further signatures. 
 
 4th. If to the Crown they shonld be addressed as follows: "To Her Most 
 Gracious Majesty (^ueen Victoria. The humble petition of the undersigned 
 {(ksrril)iii;j/roiii ir/ioin and whence it comes) sheweth : " That, etc. 
 
 5th. If to the House of Lords : " To the Right Honorable the Lords 
 Spiritual and Temporal of the United Kingdom of Great Britain and Ireland iu 
 Parliament assembled," etc. 
 
 6th. If to the House of Commons: "To the Honorable the Commons of 
 the United Kingdom of Great Britain and Ii'eland in Parliament as.senibled. 
 The humble petition," etc. 
 
 7th. They should end: "And your petitioners as in duty bound will ever 
 
 pi'ay, 
 
 etc. 
 
 8th. If transmitted by post in a wrapper with the ends open and marked 
 " Public Petition," they will go post free if addressed to any member of either 
 House of Parlianient, the weight must not exceed 32 ounces. 
 
 Petition for Benefit of Inveiitory, see Inventor ij. 
 Petition for Builder's Privilege, see Builder. 
 Petition for Compnlsoire, see Compulsoire. 
 Petition for Curator to Absentee, see Absentee. 
 Petition for Curator to Substitution, see Curator. 
 Petition for Cundor to Vacant Estate, see Curator. 
 Petition for Interdiction, see Interdiction. 
 Petition to Remove Interdiction, see Interdiction. 
 Petition for, see Judicial Adviser. 
 Petition for, see Judicial Procurator. 
 Petition to Sell Stock of Minors, see Stock. 
 Petition, to Oppose a Marriage, see Marriage. 
 Petition by Married Wonuin, see Woman. 
 Petition for P'obate of Will, see Will. 
 Petition for, see Provkional Possessio)i. 
 Petition for Homologation of Report, see Partage. 
 Petition to Affix Seals, see Inventor//. 
 Petition to Remove Seals, see Inventor//. 
 Petition for, see Separation from Bed and Board. 
 Petition to Sell Immovable of Minors, see Licitation. 
 Petition for Tutor, see Tutor. 
 Pledge of Monddes, see Patmi. 
 Pledge of Immovable, see Obligation. 
 Power of Attorney, see Mandate. 
 
 \ 
 
PROMISSORY NOTE, PROTEST OF. 
 
 Poioe)' of Attorney, CanceJIation of, see Mandate. 
 Praticien, Rapport de, see Separation. 
 Priority of HypotJiec, see Ohligation. 
 Probate, Petition for, see Will. 
 Prolate, Memorial of, see Will. 
 Proi.es-cerljal of Asset,s, see Inventory. 
 Proces^ver/xil of S(de of Mor(d>les, see Inventory. 
 P-oces-rrrhal of Affutiny Seals, see Inventory. 
 Proces-verhal of Rcmoind of Seals, see Inventory. 
 Procuration, see Mandate. 
 Procurator, see Judicial Procurator. 
 P'oniise of Sale, see S(de. 
 P'omissory Note — 
 
 1. Pro tent. 
 
 2. Protest when Payable Generally. 
 
 3. Protest when Payable at a Stated Place. 
 
 4. Notice of Protest for Non-payment. 
 
 209 
 
 PROMISSORY NOTE, PROTEST OP. 
 
 $100.00. 
 
 Montreal, 1st January, 1S8G. 
 
 Six months after date, I promise to pay C. D. or order, at The Molsons Bank 
 here, one hundred dollars, fn' ralue received. 
 
 {Signed) A. B. 
 {EndorsetV) " C. D. 
 
 On this fourth day of July, in the year one thousand eight hundred and 
 eighty-six, I, ii. X., Notary Public for the Province of Quebec, in the Dominion 
 of Canada, residing in the City of Montreal, in the said Province, at the request 
 of P. Q., Merchant, residing in Montreal aforesaid, did exhibit the original 
 promissory note, whereof a true copy is above written, unto A. B. the promissor 
 thereof, at The Molsons IJank here, being the particular place whei'e the said 
 note is payable, and there speaking to a clerk thereof did demand payment 
 thereof Unto which demand I received lor answer " No funds." 
 
 Wherefore I, the said Notary, at the request aforesaid, have protested, and 
 by these presents do protest against the promissor and endorser, and all other 
 parties thereto or therein concerned, for all costs, damages and interest, present 
 and to come, for want of payment of the said note. 
 
 All which I attest under my signature. 
 
 Protested in duplicate, one whereof remains of record in my office, under 
 the number thousand hundred and 
 
 Z. X., Notary Public. 
 
 And afterwards, I, the aforesaid protesting Notary Public, did serve due 
 notice in the form prescribed by law, of the foregoing protest for non-payment 
 of the note thereby protested upon tlie endorser of the said note, to wit : C. D. 
 by depositing such notice directed to the said C. D., at Montreal, in Her Majesty's 
 Post Ortice, in this City of Montreal, on the fourth day of July, eighteen 
 
w 
 
 210 
 
 rjidMlSSOHY NOTK—PAYMiI.E AT A STATED PLACK. 
 
 \ % 
 
 I 
 
 lit: 
 
 r i.t 
 
 hundred and eighty-six, and paying the postage thereon ; of which said notice 
 a duplicate is hereto attached. 
 
 In witness whereof, I have, on the last mentioned day and year, at Mont- 
 I'eal aforesaid, signed these presents. 
 
 Z. X., Notary Public. 
 
 FORM OF NOTICE. 
 
 Montreal, 4th July, 1886. 
 To C. D., Montreal, endorser. 
 
 A. B.'s proniissory note for lOOyy^.y doUars, dated at Montreal the lat 
 January, 188G, payable six months after date to you, y)v order, by you endorsed, 
 was this day at the request of P. Q., Merchant, residing in this City, duly 
 protested by me, for non-payment. 
 
 Z. X., Notary Public. 
 
 m il 
 
 
 mm 
 
 II 
 
 If if i 
 
 ! ,»" 
 
 
 
 PROTEST FOR NON-PAYMENT OF A NOTE PAYABLE GENERALLY, 
 
 C. C. 2320. 
 
 (Copy of note and endorsements.) 
 
 On this first day of May, in the year 1886, I, A. B., Notary Public for the 
 Province of Qiiebee, dwelling at Montreal, in the said Province, at the request 
 of M. N., of , did exhibit the original promissory note, whereof a true 
 
 copy is above written, unto P. Q., the promissor, personally (or at his residence, 
 oilice or usual place of business in ,) and speaking to himself (or his 
 
 wife, his clerk, or his servant, etc.,) did demand payment thereof; unto which 
 demand j'X,,* answered, " 
 
 Wherefore I, the said Notary, at the request aforesaid, have protested, and 
 ))y these presents do protest against the promissor and endorsers of the .said 
 note, and all other parties thereto or therein concerned, for all costs, damages 
 and interest present and to come, for want of payment of the said note. 
 
 All which I attest under my signature. 
 
 (Protested in duplicate, one whereof remains of record in my office, under 
 the number .) 
 
 A. B., Not. Pub. 
 
 PROTEST FOR NON-PAYMENT OF A NOTE PAYABLE AT A STATED 
 
 PLACE, C. C. 2320. 
 (^Copy of note and endorsements.) 
 
 On this first day of May, i» the year 1886, I, A. B., Notary Public for the 
 Province of Quebec, dwelling at Montreal, in Province of Quebec, at the request 
 of M. N., of , did exhibit the original promissory note, whereof a true 
 
 copy is above written, unto Z. X., the promissor, at The Molsons Bank in Mont- 
 real, being the stated place where the said note is payable, and there speaking 
 to a clerk tliereof, did demand payment of the said note, unto which demand 
 he answered, " ." 
 
 ft ■ ' 
 
PROTEST. PAYMKST UNDKn. 211 
 
 Wherefore I, the said Notary, at the request aforesaiil, luive pnjtcsted, and 
 by these presents do protest against the prouiissor and endorsers of the said 
 note, and all other parties thereto or therein concerned, for all costs, daniugcs 
 and interest present and to come, tor want of payment of the said note. 
 
 All which I attest under my signature. 
 
 (Protested in duplicate, one whereof remains of record in my office, under 
 the number .) 
 
 A. B., Not. Pub. 
 
 NOTARIAL NOTICE OF PROTEST FOR NON-PAYiMENT OF A NOTE, 
 
 C. C. 2303, 232G. 
 
 (Plnce and date of protest.) 
 
 To at 
 
 Sir, 
 
 Mr. P. Q.'s promissory note for % , dated at the , 
 
 pjiyable ||;™''"'« } after date to ('^;"l..j or order, and endorsed by you, was this day 
 
 at the request of duly protested for non-payment. 
 
 A. B., Not. Pub. 
 
 PAYMENT UNDER PROTEST. 
 
 On this day, etc. 
 
 I, A. B., the undersigned Public Notary for the Province of Quebec, iy.siding 
 in the City of Montreal, 
 
 At the special instance and recjuest t)f Company, a body politic and cor- 
 porate, proceeded to the office in the said City of Montreal of tlu> .said (Jompany, 
 where being and speaking to A., of, etc., I declared : 
 
 That whereas by contract and agreement .s'o?w seliKj fulre bearing date at 
 the said City of Montreal the 4th February, 18 , the said A. agreed to build 
 and erect on board of the new steamer " Clyde " certain machinery for the sum 
 of $4,000, and that the whole should be in working order by the 
 
 And whereas the said machinery was not ready, nor is it yet ready, but is 
 in a very backward and incomplete state. And whereas by the ministry of the 
 undersigned Notary Public on the , a protest was duly served on said 
 
 A. at the instance and request of said Conqiany, notifying and requiring the 
 said A. forthwith to complete the said works, and protesting against him for the 
 damages already sustained and thereafter to be sustained by said Company. 
 And whereas said A. has applied to said Company for payment of ^2,000 on 
 account of said contract price, to enable him to carry on said works, which the 
 said Company are willing to pay, but under protest. Now, therefore, I, the said 
 Notary, at the recpiest aforesaid, and speaking as aforesaid, do hereby pay to 
 said A. the sum of f2,000, under protest, however, and without in any manner 
 or way howsoever waiving, novating or affecting the rights of said Conqiany 
 against said A. to recover from him all losses, damages, injuries, [hurts and 
 inconveniences had, suffered and sustained by them by reason of said delay, and 
 
VJUNrnt'^l-"- 1. 4I&|*HV«4M! 
 
 i 
 
 !i 
 
 I. 
 
 ;!Ti 
 
 I I 
 
 
 I 1!" W ' 
 
 1 . 
 
 ii '' ' 
 
 212 
 
 PnoTEaT, TENDHIt, DKMAM) AMI 
 
 the noii-perforinance of said contract, but, on the contrary, I dechired to protest 
 as by these presents I do most solemnly protest a}i,ainst the said A. for all costs, 
 losses, damages and expenses had, siiilered and sustained, or wliich hereafter 
 may be had, suffered and sustained by reason of the premises, to be hereafter 
 recovered in time and place convenient. And to the end that tiie said A. may 
 not have cause to plead ignorance in the premises, 1 have, speaking as afore- 
 said, served him with a copy of these presents. 
 
 This done and signified at the said City of Montreal, o\\ the date aforesaid, 
 under the No. of my original deeds of record, and I have signed in testimony of 
 tlie premises. 
 
 (Signed) A. B., Notary Public. 
 
 Protest of, see Bill of Exchange. 
 
 Protest of, see Promissory Note, 
 
 Protest, Entry of, see Ship. 
 
 P-otest, Extension of, see Ship. 
 
 Protest, Tender, Demand and, see also Tender. 
 
 TENDER, DEMAND AND PROTEST. 
 
 On this day, etc. 
 
 At the request and instance of A. & Co. of, etc., 
 
 I, A. B., *^^lae undersigned Notary Public for the Province of Quebec, resid- 
 ing at , 
 
 Did proceed to the office and place of business in the said City of , 
 
 of Messrs. B. & Co., Merchants, where being and speaking to , I 
 
 declared : 
 
 That whereas the said A. & Co. purchased from the said B. & Co. lots of 
 coal ex sundry vessels, which coal was short delivered, as appears by the 
 memorandum hereto annexed, to the extent of tons, and the value of 
 
 $ . And whereas the said A. & Co. also purchased from the said B. & 
 
 Co. ex " Allan," other lots of coal amounting to $ , on which last 
 
 mentioned lots the said A. & Co. have paid $ , leaving a balance of 
 
 $ due by the said A. & Co. on the said last mentioned lots. And 
 
 whereas, as appears on the face of the said memorandum, the balance due to the 
 said B. & Co., after deducting the said sum of $ , amount in value of 
 
 coal short delivered as aforesaid, amounting to the sum of $ 
 
 Wherefore I, the said Notary, at the request aforesaid, and speaking as 
 aforesaid, did and do hereby tender and oft'er to the said B. & Co. the siiid sum 
 of $ , consisting of {specify the money), the same being a legal tender, 
 
 requiring them to receive and accept the same in full settlement of account, and 
 to grant a receipt and discharge for the same accordingly. 
 
 To which I recelv^ed for answer , and the said 
 
 being requested by ma to sign said answer, refused, which answer being 
 unsatisfactory, I, the said Notary, at the request aforesaid and speaking as afore- 
 said, declared to protest, as by these presents I do now solemnly protest agcainst 
 the said B. & Co, for refusing to receive the said balance or siuu of $ , 
 
 hereby tendered, and to grant a discharge for the same, and for all costs, losses, 
 damages, injuries and hurt heretofore had and sustained, or which hereafter may 
 be had, suffered and sustained by the said A. & Co. in consequence of the premises 
 to be hereafter recovered in time and place convenient. And to the end, etc. 
 
 B' 
 
rnov/sKmAL possession, rF/nrioN foii 
 
 213 
 
 PETITION FOR PROVISIONAL POSSESSION, C. 0. 1)3, (J. P. (J. 1327-1330. 
 
 Phovinck ok Quehkc, ) 
 District of . $ 
 
 To IIk' lloiiomhle tlio JiidgCH of (lie Siii)L'ri(>r (!oiirt lor the Di.strict of , 
 
 or to liny one of tliein, or to tlie Protlioiiotiiry of wiitl Court. 
 
 The petition of A. {occiiiKitloii <ukI re«i<lenre), 
 
 Respectfully represents : 
 
 That B, formerly {ocnqmtioii ninl residence) is issue as well as your 
 petitioner, his brother, of the iiiiirriage of the late C. and I)., both deceased 
 upwards of years. 
 
 That the said B. is more than years of age, and was {ixriipalioit and 
 
 reaiilence) when the last information respecting him was received. 
 
 That the said B. had property in this Province, and that your petitioner, 
 as his presumptive heir, has a right to demand that he be placed in i)rovisi()iuil 
 possession of the property of tiie said absentee, on giving .security for its proper 
 administration during the absence of the said B. 
 
 That the only property actually known as belonging to the said B. is a 
 mortgage for the siuu of % , bearing interest at i>tr cent., due 
 
 inider a deed of loan by the said absentee to M., of, etc., bearing date and pas.sed 
 before P., Notary Public, the , registered the , and secured 
 
 on the immovable in said deed described as follows, to wit : — 
 
 {Descr'ijit'ion.) 
 
 That by the conditions of the .said deed, the sum due the said B. has since 
 remained in the hands of the borrower, and should so remain until the return 
 of the .said ab.sentee to this Province, to be i)aid to him or his Attorney, or as 
 otherwise ordered by competent authority ; the interest in the meantime pay- 
 able to whomsoever it may appertain. 
 
 That your petitioner has given the public notice rciiuired by law, and has 
 attested the absence of the .said B. by act of notoriety received by P., Notary 
 Public, the , as it appears in the evidence produced herewith. 
 
 Wlierefore jour petitioner prajs that by tlu; jutlgmcnt to l)e rendered in 
 this cause it may be declared that your petitioner is the sole presumptive lieir 
 of the said B., that the said B. be declared an absentee from this Province for 
 five years, and that, in consequence, your petitioner be placed in provi,sional 
 possession of the said sum of % now owing by the said M., iuid that the 
 
 .said M. be re(piired to pay the same tojoiu- petitioner, upon his giving security 
 for the .safe keeping and administration, and repayment of .said sum and interest 
 in case of need, which your petitioner is ready to do. 
 
 And you will do justice. 
 
 Dated at , the day of 
 
 Z. X., Notary Public, 
 
 for the Petitioner. 
 
 {Note the foUoiobuj form of Adcertminent.) 
 
214 
 
 RATIFICATION, ACT OF, SoTAIlIAf.. 
 
 ADVERTISEMENT (JONNECTED WITH PETITION FOR PROVISIONAL 
 
 POSSESSION, C. P. (]. 1:527-1330. 
 
 Puui-i(! Notice Ih herel>y given that A. (Drnnpatiou ami rvnidenf) in liiu 
 ([Uiility of preHiimptive lieir of C, heretofore [ocfupiitloa am/ reHufeiue) iibHtiiit 
 from the Province of Quebec, will prewent to the Superior Court for the Dirttrict 
 of a demand to be put in provinional poHsesHion of the jjroperty of 
 
 the said 13., at the opening of the Court on the next, at the Court 
 
 HouHc at 
 
 All per.sonH having claim.s agaiiiMt the said [i. are recpiired to present them 
 before the Court on or before the presentation of the said petition for provisional 
 possession. 
 
 Dated ut , the , 1886. 
 
 Z. X., Notary Public, 
 
 for the Petitioner. 
 
 Puhllc Petitions, Rules for, see Petitions. 
 
 Quittance, see Discharye, 
 
 I ' I' 
 
 |1 > 
 
 ^ 
 
 Rapport de Praticien, see Separation. 
 Ratificatimi, Act of — 
 
 1. Notarial. 
 
 2. Before Witnesses. 
 
 RATIFICATION, ACT OF, NOTARIAL. 
 
 On this day, etc.. 
 
 Before me, etc., 
 
 Personally appeared. A., of , 
 
 Who declared to me, the said Notary, that he had taken conununication ol 
 a certain deed of sale from him the said A., therein acting and rei)resented by 
 his Attorney, B., of , to and in favor of C, of , of a lot of 
 
 land therein described, bearing date and passed before K., Notary Public, 
 the 
 
 And he, the said A., being well satislit^d with all and every the acts, deeds, 
 promises and obligations by the said B. done and performed, made and entered 
 ill to on his behalf as mentioned and .set forth in the said deed of sale, and with 
 all and every the clauses, covenants, stipulations and agreements therein con- 
 tiiined, declared to have ratified and confirmed, as by these presents he doth 
 formally and fully ratify and confirm the said deed of sale, and each and every 
 the provisions thereof, and doth declare the same as binding and obligatory 
 upon him the said A. to all intents and purposes as if he had personally been a 
 party to, and signed and executed the said deed of sale. 
 
 In testimony whereof, etc. 
 
Ratification of Assignment, see Assignment. 
 
 RATIFICATION BY A MINOR BECOME^OF AGE. 
 
 Befoke, etc., 
 
 Personally appeared, A. B., of, etc., the minor child named in a certain 
 deed of sale from X.. Y. and Z., and himself, the ssiid A. B., to P. Q., of, etc., 
 bearing date and passed before E. G., Notary Public, the , registered 
 
 the , of the property (^(jice desiriptioh), wherein and whereby the 
 
 HATIFICATIoN HY A MINOR COMK OF AGE. 21D 
 
 RATIFl(!ATION, ACT liEFORE WITNESSES. 
 
 Know nil men by these presents, that I, A., formerly of the City of Mont- 
 real, in the Province of Quebec, in the Dominion of Canada, at present residing 
 in the City of Loiuton, in that part of the United Kingdom of Great Britain 
 and Ireland cull d England, Merclumt, one of the purchasers named in a certain 
 deed of sale from B., of , bearing date and passed l)efore C, Notary 
 
 Public, the , of the lot of land therein descriljed, known and 
 
 designated l>y the numb(ir live on the official plan and in the book of reference 
 of the West Ward of the said (Jity of Montreal, and also one of the vendorti 
 named in a certain deed of sale I'rom I), to E., bearing date and passed before 
 the said i'., Notary Public, the , in and by which said two deeds of 
 
 sale my Attorney, R. , of , did promise se i)ortaiU fort that the said 
 
 two deeds of sale should be respectively ratified by me, the said A., within six 
 months from the date thereof respectively. 
 
 Wherefore I, the said A., having had and taken comnuuiication of and 
 attentively perused and examined a certified ofRcial copy of each of the said two 
 deeds of sale, and being well satisfied with all and every the acts and deeds of 
 the said B. in the said two deeds of sale on my behalf done and performed, and 
 with all and every the covenants, provisoes, stipulations and conditions therein 
 respectively set forth. 
 
 Do by these presents approve of, ratify and confirm all and every the acts 
 and deeds, promises and undertakings in the said two deeds of sale by the said 
 R. on my behalf stipulated, and do by these presents declare the same to be 
 equally binding on me as if I had personally executed the said two deeds of 
 sale, and I do promise strictly to conform tiiereto. 
 
 And I do hereby authorize and empower the said K. to deposit the present 
 ratification of the said two deeds of sale in the tiofariat of the said C, to the end 
 that the same may be preserved among his notarial records, that reference may 
 be thereto had and authentic copies thereof granted to whom the same may 
 appertain a qui tJe droit. 
 
 In witness whereof 1 have hereunto set my hand and affixed my seal 
 this . - 
 
 Signed, sealed and delivered > a r/ vi iii 
 
 in tlie presence of ^ ■• J f 
 
 (Two witnesses.) 
 
 N.B. — An affidavit by one of the witnesses before the Miiyor, or other 
 competent authority, must accompany this act. 
 
pp 
 
 RSWORa 
 
 210 
 
 nKniiMprioN, noNn of. 
 
 ■i!! 
 
 1 H. 
 
 1' 
 
 Htiiil X., Y. 1111(1 Z., the brotluM'H of tlio said A. B., undertook and hound them- 
 HelvcH jointly and Beverally unto and towards the said P. Q., to have the waid 
 deed of wale ratified hy the Haid A. B. so «oon ns lie shoidd have attained the 
 age of majority. 
 
 Which Maid A. B. dechired to me, the said Notary, tliat lie attained the 
 age of majority on the , as appears hy the certificate of haptism 
 
 hereunto annexed, and iiaviug had and taken communication of the said deed of 
 sale, he declares himself content and satisfied therewith and with all the clauses, 
 covenants and conditions therein, ar.d doth lierehy approve of, ratify and C(m- 
 firm the same, and declare it to lie as binding and obligatory upon him as though 
 he had been of age when the said deed was executed. 
 
 {Mnitinn nun/ he uinde of anij tpetial covennniH if iJe^irnl.) 
 
 Whereof Ade. 
 
 Done and passed, etc. 
 
 Rerolement iV Inventaire, see Invcntonj. 
 
 % 
 
 
 BOND OF REDEMPTION. 
 
 On this day, etc., 
 
 Before, etc.. 
 
 Personally came and appeared, A., of, etc , of the one part; and B., of, etc., 
 of the other part; which said parties declared unto me, said Notary : 
 
 That whereas in and by a certain deed of sale, bearing date and executed 
 before , the , the .said B. sold, assigned, conveyed and made 
 
 over to the said A. certain immovable i)roperty, situate, lying and fronting on 
 St. Joseph Street, in tlu; said City of M., therein described as follows: ((I'n'e 
 (h:si-rii>fl()it), for the considciration price of $ , payable on a ratification of 
 
 title being obtained, as stipulated in the said deed of sale. 
 
 Now these premises witness that the said parties declared to me, said 
 Notary, that since the .said .sale they have covenanted and agreed, and they do 
 hereby covenant and agree, and bind and oblige themselves in inaiiner follow- 
 ing, that is to say : That the said B. shall have the right to redeem and take 
 back the property hereinbefore described and sold in and by the said deed of 
 sale of the , at any time within the period of years from the 
 
 date hereof, provided and upon condition that he, the said B., do and shall well 
 and truly pay and reliind to the said A., his heirs and assign.s, the full and just 
 sum of $ cnrrency as aforesaid, within the said period of years, 
 
 together with such sums as the said A. may have disbursed in the way of 
 obtaining a ratification of title of the said property, and such other sums as the 
 said A. may have reasonably disbursed in and about the said deed of sale, fniifi 
 iitiseii (I l()i/((ii( couts. Upon the payment of said sums of money the said deed 
 of .sale shall be Iji/m firfo null and void, and of no eifect whatsoever, as fully and 
 eflectually as if tin? same had never been made and executed, anything therein 
 or herein contaiiieii to the contrary notwithstanding. 
 
 And the said IJ., his heirs and a.ssigns, shall forthwith on the payiiiTt of the 
 said sum of ^ , together with other incidental charges as afore.said, within 
 
 tile period before mentioned, that is to say, on or before the , have 
 
 assigned t;> him, iit his own costs and charges, the full and absolute possession 
 
ss 
 
 UHDKMI'TloN, HON I) ah'. 'J 17 
 
 aiul projKM'ty of the aforcHiiid lot of ground, house and promises iiereinbefore 
 described, and the said A., his heirs and assij^ns, on payment of the aforesaid 
 sum of % and charges as aforesaid, being iiuul(! by the said IJ., bis iieirs 
 
 or assigns within the period befc'e mentioned, shall be held and bound, and he 
 doth hereby bind and oblige himself thereupon to reassign and reconvey unto 
 the said li., his heirs or assigns, with warranty of his own acts and deeds only, 
 the said lot of ground, house and premises so l)argained and sold by the said B. 
 to 'he siiid A., iit tlie costs and charges of the said H., his heirs or assigns, 
 and to sign and execute any and all deed or deeds, or instriiuuMits in writing, 
 requisite or necessary for that purpose, or such other deeds or instruments in 
 writing tliat he, the said I?., or liis counsel learned in the law, may deem 
 re({uisite or necessary in tiie premises. Provided always and it is hereby 
 specially covenanted and agreed by and between the said parties, and \\VM\i.\ an 
 express condition of the present bond of redvMnption, that should the said 15., 
 his heirs or assigns, fail to pay tiie said sum of ^ and costs and 
 
 incidental expenses aforesaid, within the said period of years from the date 
 
 hereof, then the privilege of redemption hereby granted shall altogether cease 
 and determine, and the rights of the said IJ., his heirs and assigns, in this 
 behalf shall cease and be for ever irrevocably determined, and the said sale and 
 conveyance shall be considered and iield to be in no way aflected by tiiese 
 pres(>nts, and the said inunovable property so heretofon- bargained and sold 
 shall be ami remain the absolute property of the said A., his heirs and assigns, 
 forever, anything herein contained to the contrary notwithstanding. 
 
 And it is hereby expressly declared that the mere lapsi' of time shall be 
 lield to operate in extinction of the right of redemption hereby created, without 
 the necessity of obtaining a judicial de-'laration to that eifect, any law, usage or 
 custom to the contrary notwithstaiuling, iiid that without this positive ami 
 express condition and stipulation which is <ii ri'i/iuiir the right ot redemption 
 hereby accorded would not have ■)een given. 
 
 And for the execution, etc. 
 
 Done and passed, etc. 
 
 lliih'iiqiti(t)i (if /Jfl(/li)i(fi liifjIilH, SCJi liitjhffi. 
 
 Jifdnitji/ioii, Itiijlit <)f\ si:c tSitle. 
 
 /iedcii./itloii of SiK'ccfisirc Rit/Jiffi, ,si'i; Jii'i//ifN. 
 
 Jfc-cudth/ln/niiriit c/" (Joiinini)nff/, sre Ciiiiiiinniif//. 
 
 Jifyi.ilnir, Notiif to for Jiiiiii(iri(f>h:, wt Iniinooiiltle. 
 
 Rchdw (tiiil J)i-s(Jt(iri/t', Hue Disc/iartjc. 
 
 HchtiKc (f Jui/tjiiit)if Debt, ficc Jii(hjmriit. 
 
 Riiifr Viiiyerc, nee Aiinuilij. 
 
 Jienuiiriatioii of lieiiifil of ItweiUoi'ij, we Benefit if fnoeiitori/, 
 
 RciiHuciiitioii of DoiHtfioii, nee Donatuni. 
 
 lieiiioicidlioii of Kretiitorfi/ilp^ .set; I'jXe<iitornhin. 
 
 lienimcidtioii (f iSnccessioii, see Sm'<emioii, 
 
 Report of Exjx rts, see Partiuje, aho Experts. 
 
 Resiliatiait of Sule, nee iSdIe. 
 
 Rejtpoinhmtin and Jioltoniri/ liond, .see OhlUjutinn. 
 
 Itcmvdtion, NIT Will, Mnnilitte. 
 
218 
 
 RiailTS— REDEMPTION OF SUCCESSIVE. 
 
 Eif/his — 
 
 1. Redemption of Litigious. 
 
 2. Redemption of Successive. 
 
 3. Transfer of Successive. 
 
 i ''l 
 
 REDEMPTION OF LITIGIOUS RIGHTS, C. C. 1582. 
 
 On Tins DAY, etc., 
 
 Before, etc., 
 
 Personally appeared, A. B., of, etc., who, availing himself of the privilege 
 granted by Article 1582 of the Civil Code of Lower Canada, has at the execu- 
 tion hereof paid in cash to C. D., of, etc., present and accepting : 
 
 1. The capital ^inn of | , the price or consideration for which M. N., 
 of, etc., assigned and transferred, without any warranty whatever, save as to his 
 own acts and deeds, and without recourse or restitution to the said C. D., the 
 amount in principal and interest, and costs due under and in virtue of two deeds 
 of obligation, the one for 3 , and the other for $ , executed by the 
 said A. B. in lavor of the said M. N. before P. T., Notary Public, the , 
 and to the validity whereof doubts have arisen, for the settlement of which a suit 
 is pending in the Superior Court for Lower Caiuida, District of 
 
 2. The sum of $ , interest on the amounts due under the said deeds 
 of obligation, computed from the 
 
 3. The sum of I , for costs of the transfer, signification thereof, and 
 registration charges. 
 
 4. The sum of $ , amount of taxed costs in the various suits insti- 
 tuted by the said C. D. since the said transfer. 
 
 Forming altogether the sum of $ 
 
 And thereof and therefrom, and of and from all other sums due under and 
 in virtue of the said deeds of obligation and the proceedings arising thereout, 
 the said C. D. doth hereby release and forever discharge the said A. B. 
 
 For the execution hereof, etc. 
 
 Done and passed, etc. 
 
 
 REDEMPTION OF SUCCESSIVE RIGHTS, C. C. 710. 
 
 On this day, etc., 
 
 Before, etc., 
 
 Personally appeared, A. B., of, etc., of the one part; 
 
 And C. D., of, etc., of the other part ; 
 
 Who have declaied and agreed as follows : 
 
 That the late S. B., in his lifetime of, etc., departed this life on or about 
 the intestate, leaving as his sole heirs-at-law his four sons, the said 
 
 A. B., T. B., of, etc., and two others, as it appears in the inventory of the estate 
 of the said late S. B., executed before , the 
 
 That subsequent to the date of the said inventory, the said T. B. as.signed 
 and transierred to the said C. D. all his successive rights in the estate and suc- 
 cession, movable and immovable, of the said late S. B., his father, for the sum 
 of $5,000 paid in cash, and subject to the payment by the said C. D. of what- 
 ever del)ts and charges of the succession attached to the .said share. 
 
lUailTti, TdANSb'KR OF SUCGESSIVK. ojg 
 
 That thu said C. D. caused the said deed of transfer to be signified on the 
 remaining heirs of the said hite S. B the , through the instrument- 
 
 ality of P. Q., Notary Public. 
 
 That by notice served on the through the instrumentality of the 
 
 said P. Q., Notary Public, the said A. B. declared to the said C. D. his intention 
 of exercising for his own advantage the privilege accorded by Article 710 of 
 the Civil Code of Lower Canada of redeeming the rights transferred by paying 
 the price, interest and costs, to which the said C. D. made no opposition. 
 
 Wherefore he, the said C. D., in pursuance of the said notice, has hereby 
 assigned, transferred and made over, without any warranty whatever, unto the 
 said A. B., present and accepting. 
 
 All and singular the rights and claims, movable and immovable, conveyed 
 and assigned to him, the said C. D., by the said T. B. in the succession of the 
 said late S. B., as set forth in the said deed of ti'ansfer. 
 
 To Have and To Hold the said rights and claims unto the said A. B. as 
 fully as they were held by the said C. D., and to dispose thereof as he may 
 think fit. 
 
 The present transfer and assigiuuent has been thus made for and in con- 
 sideration of: 
 
 1. The said sum of $5,000, so paid as aforesaid by tlie said C. D. 
 
 ?. The sum of $ , interest thereon computed from the 
 
 3. The sum of $ , amount of costs and charges incurred by the said 
 
 C. D. in coiniection with the said transfer, registration and siguilication. 
 
 Making altogether the sum of f 
 
 In consequence of said payuient the said C. D. hereby substitutes and sub- 
 rogates the said A. B. in and to all his rights, claims and privileges acquired as 
 aforesaid from the said T. B. 
 
 And on his part, the said A. B. hereby binds himself to pay and discharge 
 to the exoneration of the said C. D. all the charges to which the said assigned 
 rights and interests may be liable. 
 
 And for the signification hereof, etc. 
 
 And for the execution hereof, etc. 
 
 Done and passed, etc. 
 
 TRANSFER OF SUCCESSIVE RIGHTS, C. C. 1579. 
 
 On this Da"', etc., 
 
 Before, etc., 
 
 Personally appeared, A. B., of, etc., herein iicting in his quality of heir-at- 
 law for one-fourth of the late R. B., his father, deceased, in his lifetime 
 of , as it appears by the inventory made by Z. X., Notary Public, 
 
 the 
 
 Who has hereby assigned, transferred and made over, without any warranty 
 whatever, except that he is such heir-at-law. 
 
 To C. D., of, etc., present and accepting : 
 
 All and singular the successive rights which he, the said A. B., has and may 
 become entitled to in and to the estate of the said late R. B., mova])le and 
 immovable, capital, interest and revenue, due and to become due, of every 
 
220 
 
 SALE, DEKD OF. 
 
 ! ■!' 
 
 ti iif ! 
 
 nature and kind whatsoever, wherever situate and t« whatever the same may 
 amount, and incUiding any increase that may uu mately come or be ac(inired 
 by the renunciation of one or more of the co-heirs of the said succession, the 
 whole without any exception or reserve. 
 
 To have, hold, use and dispose of the said successive rights unto the said 
 C. D., from this day forth, he, the said A. B., hereby substituting and subrogat- 
 ing the said C. D. in and to all his rights, claims and privileges iu the said 
 succession, save and except such sums of numey or debts as he, the said A. B., 
 may personally oAve thereto, from the payment and satisfaction whereof he ia 
 and shall for ever be freed and discharged. 
 
 The present transfer has been thus made at the charge by the said trans- 
 feree, who hereby binds and obliges himself: 
 
 1. To pay and acijuit, to the exoneration of the said transferror, the share 
 for which he may be held liable of the debts and charges of the said succession 
 in such wise that he, the said A. B., shall not be hereafter troubled for or on 
 account thereof. 
 
 2. To pay the costs and charges connected with the execution of these 
 presents. 
 
 The present transfer has been further made for and in consideration of the 
 sum of $ , paid in cash by the said transferee to the saitl transferror at 
 
 the execution hereof, the receipt whereof is hereby acknowledged, whereof 
 quit. 
 
 The said A. B. declares that he has not hereti)fbre received anything on 
 account of said succession, nor disposed of any part or portion thereof, and that 
 there is nothing due or owing to him by the said succession even for moneys 
 advanced subsequent to the decease of the said late R. B. 
 
 And for the signification hereof the parties have constituted the bearer 
 hereof their Attorney, to whom all necessary power to that eflect is hereby 
 granted. 
 
 And for the execution hereof, etc. 
 
 Done and passed, etc. 
 
 Rules for Pahlic, Pedduns, sec Petitions. 
 
 Sale, Deed of — 
 
 1 Of Innnovable (2 forms). 
 
 2. Of Business. 
 
 3. Of Miloyennet^ in Wall, see Mitoyennet6. 
 
 Of Movables. 
 Before Witnesses. 
 
 Memorial for Registration, see also Obligation. 
 With Right of Redemption. 
 Promise of. 
 9. Resiliati(m of. 
 
 10. Of Mitoyeiniete, see Mitoyein»et6. 
 
 11. Tender for Signature, see Tender. 
 
 5. 
 6. 
 7. 
 
 8. 
 
SALE, DEED OF— OF IMMOVAHLE. 221 
 
 DEED OP SALE, C. C. 1472 et seq. 
 
 Before Z. X., the undersigned Notary Public for the Province ol" Quebec, 
 in the Dominion of Canada, residing in the City of Mouti'eal, 
 
 Personally appeared, A. B., of the said City of Montreal, Merchant, 
 Who has hei'eby sold and conveyed, with legal warranty, and free and 
 clear of all incumbrances, save as hereinafter mentioned, unto C. D., of the 
 said City of Montreal, Doctor of Medicine, hereto present and accepting thereof: 
 
 {Give description of pmpertii.) 
 
 With all and every the rights, members and appurtenances thereto belong- 
 ing, without any exception or reserve on the part of the vendor, and of which 
 the said purchaser declares to have a perfect knowledge, and therewith to be 
 content. 
 
 Title. 
 
 The vendor is lawfully seized of the said property, the same having been 
 acquired by him from Z. X. by deed of sale, etc. 
 
 Tenure. 
 
 The said property formerly depending and holding of the Seigniory of the 
 Island of Montx'eal, is now held under the tenure o[' franc (dca ro/iirier in virtue 
 of a deed of comnnitation granted by the Gentlemen Ecclesiastics of the Semi- 
 nary of St. Sulpice of Montreal, executed before P. Lacombe and colleague, 
 Notaries, the day of 
 
 Vendor's Declarations. 
 
 Matrimonial Status. 
 {Stat. Que. 44-4o Vic, Cap. IG ; 46 Vic, Gap. 25 ; 47 Vic Gap. 15.) 
 
 Possession 
 
 To Have, Hold, Use and Enjoy the said property unto the said purchaser, 
 with immediate possession, subject to the existing lease thereof in favor 
 of , which will expire on the first of May next, and the rent due and 
 
 to iiccrue thereunder shall be received by the said purchaser from the , 
 
 at his own costs and charges. 
 
 Conditions. 
 
 The present sale and conveyance has been made subject to the ibllowing 
 conditions, to the fulfilment of which the purchaser obliges himself, viz. : — 
 
 1st. To take the said property in its present condition. 
 
 2nd. To suft'er all passive servitudes, if any, which may alleet the siiid 
 property, with the right of enjoying all active servitudes ; with the right of 
 defending I.imself against the former, and of availing himself of the latter, as 
 he may see fit, the vendor being without any warranty in this respect. 
 
 3rd. To maintain until the first of May next the lease of the property, 
 which will expire on that day. 
 
 The purchaser, if he requires possession on the first of May ne.xt, to give 
 the tenant the customary notice on or before the first of February next. 
 

 
 r, 
 
 :i 
 
 li 
 
 ii«! 
 
 s 
 
 
 p 
 
 ii^ 
 
 'H' 
 
 
 !i 
 
 
 
 « 
 
 ' i': 
 
 
 
 1 . 
 
 
 'i 
 
 
 '.' 
 
 m: '* 
 
 
 
 m' 
 
 
 vl 
 
 
 il 
 
 i 
 
 1' 1 
 
 
 '1 
 
 'li 
 
 j' 
 
 r 
 
 922 
 
 .S.I/./;, />/-;/';/) or— of immovaiu.k. 
 
 The purchaser will have the right of exercising all tiie rights which the 
 vendor could have exercised against his tenant, and will fulfil all the obligations 
 of the vendor as regards such tenant. 
 
 4th. To pay all taxes and assessments which may be imposed upon the said 
 property subsequent to the ; the vendor declaring that all taxes and 
 
 assessments to that date have been paid. 
 
 5th. To pay the cost of this deed and its registration, and of a copy with a 
 certificate of registration thereon for the vendor. 
 
 Price. 
 
 The present sale and conveyance has been thus made for and in considera- 
 tion of the price or sum of $5,000, part whereof, to wit, the sum of $2,000, has 
 en paid in cash, at the execution hereof, the receipt whereof is hereby 
 acknowledged, whereof quit. And the balance or sum of $3,000, the said 
 purchaser binds and obliges himself to well and truly pay, or cause to be well 
 and trill}- paid, as follows, to wit : the sum of $2,000 to the exoneration and 
 discharge of the said vendor, to A. B. {r&iiilence diid occiiixitioii) on the , 
 
 in terms of the deed of loan by the said A. B. to the said vendor, bearing date 
 and passed before , Notary Public, the , etc., and the 
 
 Ijalance or sum of $1,000 to the said vendor in one year from the date hereof, 
 witli interest thereon at the "ate of six per ceiifitm per (nmum, computed from 
 the date hereof, and pa3'able half-yearly, the first of said interest payments to 
 become due and be payable on the 
 
 Vendor's Privilege. 
 
 And as security for the due and faithful payment of the balance of con- 
 sideration money and interest due the vendor, the said property is hereby 
 hypothecated in favor of the said vendor, with special privilege of Baillear de 
 fothh. (N.B. — If none of the balance of price is due the vendor this clause is 
 uncalled for.) 
 
 Insurance Clause. 
 
 And as additional security for the due and faithful payment of the said 
 balance of considei'ation mone}' and interest, the said purchaser binds and 
 obliges himself to insure and keep insured against loss by fire with an insurance 
 company approved by the vendor the buildings erected on the said property for 
 a sum not less than $3,000, <and to transfer the policy of such insurance and the 
 indemnity which may become due thereunder tt) the said A. B. to the extent of 
 his interest in the said mortgage, and the balance thereof to the said vendor. 
 And will also deliver to the said A. B. the receipts for the renewal of said 
 insurance twenty-four hours before the expiry of the said insurance. 
 
 In default whereof the said A. B., or the said vendor, will have the right 
 to insure at the expense of the purchaser. 
 
 Done and passed, at the said City of Montreal, on the day of , 
 
 one thousand eight hundred and eighty-six, under the number , and 
 
 signed by tlie said Uiirties hereto with and in the presence of the said Notary, 
 after due reading i.* rcof. 
 
SALE, DEED OF— OF IMMOVABLE 223 
 
 DEED OF SALE. 
 
 On this day, the of , in the year of our Lord one thousimd 
 
 eight hiuulred and , 
 
 Before the underHigiied Public Notai'y, duly commissioned and sworn, in 
 and for the Province of Quebec, in tlie Dominion of Canada, residing in the City 
 of Montreal, in the said Province : 
 
 Personally appeared, A. B. {residence and orcupation) who acknowledged 
 and confessed to have bargained, sold, assigned, transferred and made over, and 
 by these presents doth bargain, sell, assign, transfer and make over, from ht"">o- 
 forth and forever, with promise of warranty against all gifts, dowers, mortgages, 
 substitutions, alienations, and other hindrances whatsoevex', to C. D. {residence 
 and ocnqtation) party to these presents, and accepting thereof, for himself his 
 heirs and assigns, 
 
 {Description of inunovahle and haildings.) 
 with all and every the members and appurtenances thereunto belonging, of all 
 which the said purchaser declares to have a perfect knowledge, as having seen 
 and viewed the same, and therewith he is content and satisfied. Which said 
 vendor is lawfully seized thereof, by virtue of a good and sufficient title, the 
 same having been acquired {Moition the title deeds). 
 
 The aforesaid, hereby bargained and sold lot, piece or parcel of land and 
 premises, are held under tiie tenure oi' franc alca rotarier, the same having been 
 commuted {Name the date, deed and Notary.) 
 
 To Have, Hold, Use and Enjoy the aforesaid bargainee and sold lot of land, 
 buildings and premises, with their rights, members and »,ppurtenances, unto the 
 said purchaser, liis heirs and assigns, as his and tli; ir own proper freehold 
 forever, by virtue of these presents, to enter upon and take possession of the 
 aforesaid lot of land, buildings and premises forthwith. 
 
 The present bargain and sale is made in manner as afore.said, for and in 
 consideration of the sum of {Price and terms of pai/ment). 
 
 And for security of the due and faithful payment of the said balance of 
 consideration money and interest, the hereby bargained and sold lot of land and 
 premises, are, by these presents, specially, and by privilege of bailleur de fonds, 
 mortgaged and hypothecated. 
 
 And as further security the said purchaser doth hereby bind and oblige 
 himself immediately to insure and keep constantly insured at his own cost and 
 expense against loss by fire, with such insurance company or companies as the 
 said vendor or his representatives may approve, the house and otiier buildings 
 erected on the above-described piece and parcel of land, for a sum not less than 
 $ , and to transfer to the said vendor and representatives the policy or 
 
 policies of such insurance and insurances, together with the sum of money 
 thereby insured, the whole as long as any part or portion of the said amount in 
 principal or interest may remain unpaid. Failing which, the said vendor or 
 assigns shall have the right to do so, and the .said purcliaser and representatives 
 shall be bound to repay on demand to the said vendor and assigns, all such sum 
 and sums of money which he or they may have expended in so doing, and for 
 security thereof the said premises are hereby further hypothecated to the 
 extent of {about one per cent, per annum of the debt). 
 
 And at the making and passing of these pre.sents also personally appeared 
 and intervened Dame L. M. wife ot the said A. B. by her said iiusband duly 
 
224 
 
 SALK, DEED OF~OF BUSINESS. 
 
 niid specially authorized, wIjo renounces all matrimonial right and claims she 
 may have upon or against the said lot of land. (N.B. — The chief object of the 
 wife's intervention is to establish that she is living. As to dower see Stat. 
 Que. 4445 Vic, Cap. 16 ; 46 Vic, Cap. 25 ; and 47 Vic, Cap. 15. 
 
 And for the execution of these pi'esents, and of every the premises, the 
 said parties have elected their domicile at the place above mentioned. — Where, 
 etc. 
 
 Done and passed at the said City of Montreal, in the office of Z. X., the 
 said Notary, on the day, month and year first before written and signed by the 
 said parties hereto with and in the presence of said Notary, also hereunto 
 subscribing, these presents having been fir.st duly read, and executed under the 
 niunber thousand hundred and 
 
 * 
 
 •'■■ ,* 
 
 SALE OP BUSINESS. 
 
 Before A. B., the undersigned Notary Public for the Province of Quebec, 
 residing at , 
 
 Personally appeared, C. D. (residence and occupation') who has hereby sold, 
 as.signed and conveyed, with warranty against all troubles, claims and seizures 
 of every nature and kind, 
 
 Unto E. F. {residence and occiq>a(ion) present and accepting : 
 
 The whole of his stock of dry goods, and the business owned and carried 
 on by him, the said C. D., at , together with the good will of the 
 
 bu.siness, and the plant, fixtures, counters, shelving, tables, office fux'niture and 
 appurtenances generally belonging to and used by the said C. D, in the prosecu- 
 tion of the said business. 
 
 Also the book debts, books of account and vouchers connected with the said 
 business. 
 
 As the said stock, plant, furniture, book debts, etc., are set forth in a list or 
 schedule and stock book thereof, annexed to these presents and identified by 
 the signatures of the parties hereto and Notary. 
 
 As the whole now are and exist, without any exception or reserve, the 
 said E. F. declaring to have seen and viewed the same, and to have examined 
 the said stock book and list, and therewith to be content. 
 
 The present sale has been made in manner aforesaid for and in considera- 
 tion of the sum of % , which the said E. F. binds and obliges himself 
 to pay as follows : 
 
 The said C. D. binds himself to pay the debts due for and on account of 
 the said business. 
 
 The said C. D. has also hereby assigned and made over to the said E. F. 
 the unexpired term of the lease of the premises No. Street, where 
 
 the said business is carried on, he, the said E. F. undertaking to maintain the 
 same, and pay tlie rent, and observe all conditions from this time forth. 
 
 Donci and pa.ssed, etc. 
 
 ■'■(.■, 
 
SALE, DEEf) OF—MKMOIUAL FOR REUISTRATION. 
 
 225 
 
 SALE OF MOVABLES. 
 
 Before A. B., the undersigned Notary Public for the Province of Quebec, 
 residing at , 
 
 Personally appeared, C. D. (residence and occupation) who has hereby sold 
 and conveyed unto E. F. {residence and ocmpatlon') present and accepting, 
 
 The following movables, which he declares well and truly to belong to him, 
 to wit ; {Des'ujnation.) 
 
 In the condition in which the said movables now are, the said purchaser 
 being in the actual possession thereof, and having the power of disposing thereof 
 as he may see fit by virtue hereof. 
 
 The present sale and conveyance has been thus made for and in considera- 
 tion of the sum of % , paid in cash by the said purchiiser to the said 
 vendor, the receipt whereof is hereby acknowledged, whereof quit. 
 
 Done and passed, etc. 
 
 DEED OF BARGAIN AND SALE EXECUTED BEFORE WITNESSES. 
 
 This deed, made the day of , etc., between A. B., of , 
 
 etc., of the one part ; and C. D., of , of the other part, witnesseth : 
 
 That, for and in consideration of the sum of $ to tiie said A. B. in hand 
 
 paid by the said C. D.. at or before the execution of these presents, (the receipt 
 whereof is hereby acknowledged by the said A. B.,) lie, the said A. B,, doth 
 hereby grant, bargain, sell and confirm unto the said C. D., his heirs and a.ssigns, 
 forever, all tliat certain lot of land, etc., (insert here a description, of the property 
 sold) : To have and to hold the said lot of land and promises liereinbjtbre 
 granted, bargained and .sold, or intended so to be, with their and every of their 
 appurtenances, unto the said C. D., his heirs and assigns forever. In witness, 
 etc. 
 
 Signed, sealed and delivered > A. B. [L.S.] 
 
 in the presence of ^ C. D. [Z/.*S'. ] 
 
 E. F. 
 
 G. H. 
 
 MEMORIAL OF A . J]ED OF BARGAIN AND SALE EXECUTED 
 BEFORE WITNESSES, C. C. 2139. 
 
 A memorial to be registered of a deed of bargain and sale bearing date 
 the day of , in the year of our Lord , made between 
 
 A. B., of , Enquire, of the one part, and C. D, of , etc., of 
 
 the other part, (« fall description of the parties to he inserted as in the deed) by 
 which said deed the said A. B., for the considerations therein expre.ssed, did 
 grant, bargain, sell and confirm unto the said C. D., his heirs and a.ssigns, all 
 that, etc., {insert a description of the property sold). To Hold to the said C. D., 
 his heir and assigns forever : which said deed is witnessed, etc., {specify here the 
 
220 
 
 SALK, DKKI) OF -WITH lildllT OF RKUFM/'TloN. 
 
 names of the loitnesaes to the execution of the (feed), and the said deed is required 
 to be registered by tlie said C. D. 
 
 As witness his hand, this day of , etc. 
 
 Signed in the presence of C. D. 
 
 J. K. 
 L. M. 
 
 Si 
 
 
 k I r 
 
 \Vi ;■ 
 
 I.; 
 
 iifi 
 
 5 'He ■ 
 
 ^ '■ 
 
 ft II 
 
 SALE WITH RIGHT OF REDEMPTION, C. C. 154G cf seq. 
 
 Bkfore, etc., 
 
 Personally appeared, A. B., of, etc.. 
 
 Who, under reserve of the right of redemption hereinafter mentioned, has 
 lR'rel)y sold and conveyed, with legal warranty, and free and clear of all 
 incumbrances. 
 
 Unto C. D. of. etc., present and accepting : 
 
 {Description of property. ) 
 
 Title. 
 
 Possession. 
 
 {Tlte Name as in an ordinary sale.) 
 
 The present sale and conveyance has been thus made for and in considera- 
 tion of the sum of $ , {Give terms of payment.) 
 
 The present sale and conveyance has been further consented to and executed 
 by the said vendor under the express condition, which is de riijnear an essential 
 condition, without which the sale wonld not have been made, that the said 
 vendor will have the right at any time within years from the date hereof, 
 
 to have the said property reconveyed to him in the condition in which it now 
 is, on giving the said purchaser month's notice of such his desire, and on 
 
 repaying him in cash at the expiration of such notice all such sum or sums of 
 money by him received in virtue of these presents, together with interest 
 thereon at the rate of , computed from , and also all costs and 
 
 expenses incurred in the execution of the present deed, and the deed of 
 reconveyance. 
 
 In the event of the failure of the said A. B. to make the payments at the 
 time and in the manner hereby stipulated, the right of redemption hereby 
 granted shall cease and determine absolutely and finally. 
 
 The iH'esent sale and conveyance has been made subject to the following 
 charges and conditions, to the performance whereof the said purchaser hereby 
 binds himself, to wit : 
 
 {Usual covenants, see Sale.) 
 
 And for the execution hereof, etc. 
 Done and passed, etc. 
 
SALK, DKKI) OF—RHSILIATION OF. 227 
 
 PROMISE OF SALE, C. C. 1476 et acq. 
 
 On this day, etc., 
 
 Befoke, etc., 
 
 Pei'Mojially camo tuul apimared, A., of , Merchant, of tlie lirwt part; 
 
 And B., of , Confectioner, of the second part; 
 
 Wlio dechirod to nie, tlie said Notary, as follows : 
 
 That for the considerations hereinafter mentioned the said A. has hereby 
 promised, bound and obliged iiiinseU to sell and convey to the said B., with 
 legal warranty, and free and clear of all inciunbrances whatsoever, the following 
 immovable property, to wit : 
 
 {litre ijiri; dcMcrlptloti.) 
 
 The present agreement and promise of sale has been thus made for and in 
 consideration of the sum of one thousand dollars currency, of which, the said B. 
 has paid in cash the smn of one hundred dollars (^lOD.OO) and he doth hereby 
 promise and agree to pay the balance of the said sum in nine even and e([ual and 
 consecutive annual payments of one hundred dollars each, the first whereof will 
 become due and be payable in one month from the date hereof, with legal interest. 
 
 And it is agreed that upon the full payment of the said sum of one 
 thousand dollars, the .said A. will, and he hereby binds himself to execute in 
 due form of law a deed of sale and conveyance of the said pro[)erty as aforesaid 
 to the .said B. 
 
 And lastly, it is hereby covenanted and agreed by and between the said 
 parties that should he the said B. fail in the prompt and punctual payment of 
 the said balance when due, that thereupon, on the first default of any one of 
 said payments, these presents shall be and become null and void, and all moneys 
 paid by the said B. on account hereof shall be forfeited, and be by him irre- 
 coverable, and all rights or pretensions to the said lot shall be in consequence 
 also forfeited. 
 
 And in the event of the said A. failing, upon due payment as aforesaid, to 
 make and execute the .said deed of sale and conveyance, he will be held liable 
 and responsible for the immediate restitution of all moneys by him received 
 under the premises as aforesaid, with interest thereon at the rate of seven per 
 renittin per ((iiirnin, and in the further penal sum of five hundred dollars, which i\ 
 
 shall not be reduced, for the due payment whereof the .said lot of land is hereby "' 
 
 specially hypothecated to that extent in favor of the said B., these being the 
 essentials of the present agreement or promise of sale, without which the same 
 would not have been made or entered into. 
 
 And for the execution hereof the said parties have made election of domi- 
 cile at their present respective places of residence above mentioned. Where, etc. 
 
 Done and passed, etc. 
 
 {N.B. — Li Deeds of Promise of Sale do not overlook the jtrooisions of Article 
 1477 a G.) 
 
 SALE, DISSOLUTION OR RESILIATION OF, C. C. 1525 el seq. 
 
 On this day, etc., 
 
 Before, etc.. 
 
 Personally appeared, A. B., of, etc., of the one part ; 
 
 And C. D., of, etc., of the other part ; 
 
228 
 
 SEPARATION FROM UKI) AND HOARD. 
 
 Who, belore proceeding to the friendly diasolution which w the object 
 hereof, dechired : 
 
 1. Tlmt by deed of Hiile executed before Z. X., Notary Puldic, the , 
 registered the , the miid A. IJ. sold and conveyed, with legal warranty, 
 and free and clear of all incunihranceH, to the Haid C. D., ( (}ive dexcription of 
 Itropertii). 
 
 2. That in purnuanco of the said deed of sale, the Haid C. I), took posaeasion 
 of said property, and has since been in the enjoyment thereof. 
 
 3. That on the a notice was served upon the said C. D. at the 
 request of M. N., through the instrun.entality of S. K., Notary Public, reipiiring 
 the said C. D. to vacate the said property in favor of him, the said M. N., he 
 having returned to this country after he had been given up as lost and the 
 property disposed of. 
 
 4. That inasnuich as a suit is about to be taken to test the rights and 
 pretensions of the said M. N., and the said A. B. does not wisli to involve the 
 said C. D. therein, he has proposed that the said sale be cancelled and dissolved, 
 to which the said C. D. has agreed. 
 
 Now, therefore, these presents, and I, the said Notary, witness that lor the 
 reasons aforesaid, the said A. B. and C. D. have dissolved, cancelled and 
 annulled, and do hereby dissolve, cancel and annul the said deed of sale, and 
 the said A. B. is hereby vested with the ownership of the said property as fully 
 and etl'ectually as though the said deed of sale had never been executed. 
 
 And the said C 1). herel)V acknowledges to have received from the said A. 
 B. the sum of % , the portion of the consideration price paid by him on 
 
 account of said sale, with the interest accrued thereon, and the costs incurred in 
 connection therewith. 
 
 And the said A. B. hereby discharges the said C. 1). from all liability for 
 the payment of the balance of price due under said sale and the observance of 
 the covenants thereof. 
 
 And for the execution hereof, etc. 
 
 Done and passed, etc. 
 
 It 
 
 v| 
 
 Hit 
 
 Savings Bank Acquittance, see Bank. 
 
 Seals, Petition to Affix, see Inventory. 
 
 Seals Affixed, Froces-verhal of, see Inventory. 
 
 Seals, Order Restricting, see Inventory. 
 
 Seals, Order Countermanding, see Inventory. 
 
 Seals, Petition for Removal, see Inventory. 
 
 Seals, Prochi-verbal of Removal, see Inventory. 
 
 Separation from Bed and Board, Petition for, in forma pauperis. 
 
 lis ,' 
 
 ii 
 
 i\ 
 
 SEPARATION FROM BED AND BOARD. 
 
 1. Petition.— 2. Inventory.— 3. Notice by Praotiticner to Plaintiff and Defend- 
 ant. — 4. Affidavit by Practitioner. — 5. Report of Practitioner. 
 
 N.B. — The proceedings required to obtain a separation of property only 
 are taken in the same way, C. C. 1311 et seq. 
 
PETITION FOR SEPARATION FROM RED AND ROARD, f.V FORMA 
 PAUPElilS, C. C. 180 6'/ m/.; C. C. P. 1)85 d *e«/. 
 
 Province ok Quehec, > Superior Court. 
 
 District of . \ Ex-jxirte, 
 
 To the Ilouonible tlie JuilgcH of the Superior Court for the District of , 
 
 etc., etc. 
 
 The petition of A. B., of , in the DiHtrict of , wife of 
 
 C. D. {urciiixitioii and rt'^idence), 
 
 RcHpcctfuHy represents : 
 
 That she is married to the said (J. D., with wlioin sh"' has 'ilways lived up 
 to the month of hist. 
 
 That for several years past the said C. I)., without the least cause therefor 
 on the part of your petitioner, has shamefully al)used and ill-treated her, has 
 often attacked and struck and kicked her with his fists and leet ; and induljj;(;s 
 habitually, and in inordinate (juantities in intoxicating li([uors. 
 
 That your petitioner, after patiently enduring for a long time the said ill- 
 treatment and bad conduct, has been compelled to leave home to escape her 
 husband's ill-treatment, and left in the month of last. 
 
 That your petitioner wishes to take an action to obtain a separation of bed 
 and board from the said C. I)., and solicits from your Ilonois an authorization 
 for the purpose, and that she may be permitted to dwell in the house of M. 2J., 
 her son {occiqintloii ((ml residence) pending the suit. 
 
 That your petitioner is very poor, and without the means of meeting the 
 costs of said suit, and is not worth the sum of twenty-five dollars in substance, lij 
 
 and seeks to take the said proceedings infonimpuKperis. 
 
 Wherefore your petitioner begs that your Honors will authorize her to 
 appear in Court to sue her said husband for a separation of bed and board, and 
 to take the action In forma imuperis. 
 
 Dated at , the day of , 1886. 
 
 Z. X., Notary Public, 
 
 tor Petitioner. 
 
 Affidavit at the foot of the foregoing Petition. 
 A. B , the petitioner above mentioned, being duly sworn, doth depose and 
 
 That all the allegations above made are true and well founded. 
 
 say 
 
 That the deponent and petitioner has just grounds of action against her 
 husband C. D., named in the foregoing petition, to demand a separation of bed 
 and hoard from him, and is unable to enter the .said action, inasmuch as she has 
 not property to the value of twenty-five dollars, and has no means to meet the 
 disbursements. 
 
•r I ■• 
 
 230 
 
 SEPARATION FROM BED AND BOARD, PETITION EOR. 
 
 And the deponent, after due reading hereof, persists therein, and has 
 signed. 
 
 Sworn before me at the City'\ 
 
 of , the day I ^ -g 
 
 of , one thousand j 
 
 eight hundred and .) 
 
 K. P., Connnissioner of the 
 
 Superior Court of the District of 
 
 Permission being had from the Judge to enter a suit, subsequent proceed 
 ings must be conducted by legal counsel, and a Notary is on petition appointee 
 
 u'd- 
 
 ...,i4,.. ...I..,., yj^ ^v...»> x.^. ,^j .^g.v. ^^ v.., ...... ,., ^,„.,..ry IS on petition appointed 
 
 practitioner to make an inventory of the property of the community and 
 prepare his report, proceeding as now indicated. 
 
 .;. ,4 
 
 Inventory in connection with the Action for Separation from Bed and Board, 
 
 O. O. 209. 
 
 On this day, the 
 
 I, Z. X., tlie undersigned Ncuiiy Public for the Province of Quebec, resid- 
 ing in the (Jity of Montreal, 
 
 At tlu! special instance and request of C. D. {residence and occajndion) who 
 has heretofore been common as to property conininne en (tien>i with Dame A. IJ. 
 his wife, and with the view of complying with a judgment ordering a se|)arati(jn 
 from bed and board between him a. id his said wife, rendered in Her Alajesty's 
 Superior Court for the Province of Quebec in the District of Montreal, on 
 the day of , in that certain cause or suit wherein the said Dame 
 
 A. B. was Plaintifi", and tiie said C. D. was Defendant, and bearing the luunber 
 among the records of said Court. 
 
 And also witii the consent and in the presence of the said Dame A. B., and 
 ibr the preservation of the rights and interests of the said parties, and others 
 whom it may concern. 
 
 Did proceed to the inventory and faitiiful description of, etc., {proceed as in 
 the ordinarij form of inventori/ of a coinnmnitij, hotit jnirticN O. D. and A. B. 
 KudertakiiKj to declare all there is to he inceutoried, and tn-o appra'isers heiny chosen 
 and sworn as usual, then close.) 
 
 In testimony whereof, the said parties hereto, with the said Appraisers, 
 have signed, etc. 
 
 (Signatures) 
 
 Next insert a description of the movable and immovable property, debts, 
 credits, title deeds, vouchers, etc., and close in the usual form ; and if there is 
 no immovable property requiring special proceedings to ascertain value and 
 (livisibiUty by expeits, the Practitioner appointed by tin; Court should have all 
 the information ()l)taiiial)lo respecting the assets of the community placed before 
 him, and should then notify the parties, Plaintiff and Defendant, to appear 
 before him, and after obtaining sulticient intbrmation to enable him .so to do, he 
 shoukl render ids icport to tiie Court. 
 
SEPARATION FJtOM BED AND liUAlW, PETITION FOR. 
 
 231 
 
 The following forms will serve as a guide here ; 
 
 "A." 
 
 S. C, Montreal. 
 
 No. 148G. 
 Dame A. B. . 
 
 , Plaintiff, 
 
 V8, 
 
 CD ' • Defmdant. 
 
 To the above named Plaintiff and Defendant. 
 
 Take notice that the undersigned Practitioner named in this cause by rule 
 of the said Court dated the of , will proceed at his office No. 
 
 110 St. James Street, in the City of Montreal, on , the day 
 
 of instant (188G) at the hour of ten of the clock in the forenoon, in 
 
 the presence or absence of both or either of you, the said Plaintiff and Defend- 
 ant, to fix and determine the matrimonial rights and dues of the said Plain tifi' 
 as required by said rule, of whicli you are hereby required to take notice, and 
 govern yourself accordingly. 
 
 As witness my hand at 
 
 Received notice. 
 (Signed) A. B. 
 CD. 
 
 this 
 
 day of 
 
 , A. D. 188G. 
 
 Z. X., Practitioner. 
 
 m 
 
 Province of Quebec, > 
 it real. ^ 
 
 District of Mont 
 
 A. B. 
 
 B. 
 
 In the Superior Court, 
 
 .Pldiiiflff, 
 
 vs. 
 
 CD De/emhmi. 
 
 I, Z. X., Notary Public, of the City of Montreal, Practitioner, do make oath 
 on the Holy Evangelists, and swear that in the presence of said Plaintiff and 
 Defendant, or in their or either of their absence, after due notification shall 
 have been given them to attend at the time and place designated, I will proceed 
 under the interlocutory judgment" rendered in this cause on tlie day 
 
 of , to ^is. and determine the matrimonial rights and dues of the said 
 
 Plaintiff, and that 1 will report my opinion in the premises, without favor or 
 partiality towards either of the said parties. 
 
 Sworn before me at the City i 
 of Montreal, the day > 
 
 of A.D. . S 
 
 (Signed) , Comm. Supr. Court, 
 
 Dist. Montreal. 
 
 Z. X. 
 
232 
 
 
 It is 
 
 
 ^l M 
 
 'Jin 
 
 m i 
 
 %" 
 
 ii:^ 
 
 II'. ■ .i(. 
 
 SEPARATION FROM BED AND BOARD, PETITION FOR. 
 
 Province of Quebec, 
 District of Montreal 
 No. 550. 
 
 'X 
 
 In the Superior Court 
 for the Province of Quebec. 
 
 Dame A. B. 
 CD 
 
 vs. 
 
 • Plaintiff, 
 
 Defendant. 
 
 I, Z. X., of the City of Montreal, Notary Public, Practitioner, Pmticien 
 named in this cause by the interlocutory judgment of the Superior Court in and 
 for the said District of Montreal, of the , to fix and determine the 
 
 matrimonial rights and dues of the said Plaintiif in this cause, after having 
 given due notice to the said Plaintiff and Defendant to attend at my office No. 
 110 St. James Street, in this City of Montreal, on Wednesday, the thirty-first 
 day of , the original whereof is hereunto annexed, marked " A," to 
 
 form part hereof, and of which the said Plaintiff and Defendant received notice, 
 as appears hy their signatures at the foot thereof, and the said Plaintiff and 
 Defendant having been present at the said time and place according to the said 
 notice, after 1 had examined and questioned the said parties so present person- 
 ally, and taken communication of the demand of the Plaintiff, and of all and 
 every the papers produced and fyled of record in this cause necessary for my 
 examination, together with the inventory of the assets, debts and effects of the 
 community of property existing between the Plaintiff and the Defendant, inade 
 at the request of the Defendant by , Notary Public, signed by the 
 
 Plaintiff and Defendant, and dated and executed on the day of 
 
 I hereby respectfully report to this Honorable Court that it appears by said 
 inventory that the debts of the said conununity amount to the sum of four 
 hundred and sixty-six dollars and ninety-eight cents, and the assets to two 
 hundred and ninety-three dollars and eighty-five cents. 
 
 That the Plaintiff having assuuied and ^,aid the sum of two hundred and 
 thirty-three dollars and forty -nine cents, being the half share of the said debts 
 due by the Defendant, in addition to assuming her own share of said debts is 
 entitled to claim from the Defendant the said sum of two hundred and thirty- 
 three dollars and forty-nine cents, which amounts to more than his half share of 
 the assets. 
 
 And I have further to report that by authentic act passed before , 
 
 Notary, on the day of , the said C. D. acknowledged to have 
 
 assigned over to the Phuntiff his half share of the movables of the conununity 
 in payment of the Plaintiff's claim against him for the said "'vn of $23.3.44, and 
 in satisfaction of the costs of said suit, and in voluntary execution of the said 
 judgniv.nt. 
 
 I have therefore finally to report that for the reasons aforesaid the Plaintiff 
 is entitled to keep and retain possession of the whole of the movables of said 
 community mentioned in said inventory, being her own half share, and the half 
 share of the Plaintiff so assigned to her. 
 The whole respectfully submitted. 
 
 As witness my hand and seal notarial at Montreal this day of , 
 
 one thousand eight hundred and 
 
 (Signed) Z. X., Notary Public, 
 
 Practitioner. 
 This report is then on petition homologated. 
 
SHIP, EXTENSION OF PROTEST. 233 
 
 Sepiiratinn of Properfi/, see Separatin)). from Bed and Board. 
 Sheiijf's Notice for Hi/itothec, nee Olili<jalion. 
 Ship, Charter of see Charter Party. 
 
 SHIP, ENTRY OF PROTEST BY. 
 
 On this day, etc., 
 
 Ukfore, etc., 
 
 Personally came and appeai'cd, A. B., Master Mariner, and Master of the 
 steamship or vessel, called the Vapor, of the burthen of two thousand tons, or 
 thereabouts, now lying in the Port of Montreal, laden with a general cargo, 
 who declared to have sailed with the said steamship or vessel, from Liverpool, 
 in England, on the first day of May instant, and arrived at the Port of Mont- 
 real on this fifteenth day of May, but fearing damage enters his protest 
 accordingly. 
 
 Done and passed, etc. 
 
 SHIP, EXTENSION OF PROTEST. 
 
 By this public instrument of declaration and protest, 
 
 Be it known and made manifest unto all to whom tliese pre.sent.s shall 
 come, or whom the same may in any wise concern, 
 
 That' on this twenty-first day of May, in the year of our Lord one thousand 
 eight hundred and eighty-six, 
 
 Befokk the undersigned Notary Public, duly commissioned and sworn, in 
 and for tiu' Province of Quebec, in tlie Dominion of Canada, residing in the City 
 of Montreal in tlie said Province. 
 
 Personally came and appeared, A, B., Master Mariiu'r, and Master of the 
 ship or vessel called the Neptune, of the burthen of eigliteen hundred tons or 
 thereabouts, now lying in the Port (»f Montreal, C. I)., First Mate, and E. F., 
 Carpenter, of and on board of tlu; said vessel, who in pursuance of a protest 
 entered and noted by the said A. B. in the oflice of Z. X., the undersigned 
 Notary on the fifteenth day of May instant (188(1) against the perils of the seas 
 and rivers, and in extension of the same, the said A. B., C. D. and E. F.. of 
 their own free will and vohmtary accord, do jointly iind ,s"i&verally allege, aflirni, 
 declare, protest and say that the .said ship or vessel, called the Neptune, !)eing 
 tight, staunch, and strong, well and sulliciently manned, provided, etjuipped, 
 aiul furnished with all things needful and necessary for a voyage from Liverpool 
 to the Port of Montreal, loaded with a general cargo, and her hatches well and 
 sufficiently caulked and covered; they, the said appearers, set sail with their 
 said vessel, from the Port of Ijiverpool, in Englantl, on the eighteenth day of 
 April last (1880). 
 
 That during their said voyage they encountered much bad and stormy 
 weather, particularly on the following days and at tiie following hours, to wit: 
 
 (Or, nothing worthy of note occurred until,') 
 
 Tuesday, April 30, 8 a.m. — A strong breeze sprang up from the North- 
 East, furled main-top mast stay sail and mizzen. U a.m. — Wiml increasing to 
 
 j: 
 
 i' 
 
li 
 
 
 :'i''; 
 i);,i 
 
 811 i 
 
 ,i^» 
 
 :ii . 
 
 ^11 .: 
 
 1% 
 ■ it. 
 
 
 234 
 
 SIGNIFICATION OF TRANSFER. 
 
 a tempest, with heavy cross sea, ship rolUiig and pUinging heavily aiul shipping 
 large quantities of water, all sails close reeled, pumps, lights and look-outs 
 carefully attended to, {routitnie ui((k!)H/ t/ie inoKt iiiiporiaiit rxti-octs from the hxj 
 hooh, not (uld'nig (iiiijtJiiiit/, lOiJem a ftpcrial ihchiratio)! (i/fcr (ill the extracts is 
 requued, when add) as the whole will more full}^ iind at length appear on refer- 
 ence to the log book of said ship. 
 
 And the said appearers further docliire that {Specinl devlarailoa here.) 
 
 And the said appearers do further jointly- and severally allege, affirm, 
 declare, protest, and say, tliat all and singular, the losses, injuries, damages and 
 detriments which have happened to the said vessel and the goods of her loading 
 were in no way owing to or occasioned by any nnseamansliip, mismaniigement 
 or neglect of any of tliem, the said ii])pe<irers, or of any of the rest of the crew 
 of the ves,sel, but solely and entirely to the perils before mentioned, and that 
 during the said voyage, they and the remainder of the crew of the said vessel 
 used their utmost endeavors and exertions to preserve the said vessel and her 
 cargo from loss and damage ; all of which the said ai)pearers declare to be true 
 iind correct in every particular. Now therefore, that these presents may enjoy 
 full force and effect, I, the said Notary, at the recjuest of the said A. B. did 
 protest, as by these presents I do most solemnly protest, against all and every 
 person and persons whom the same dotli, shall, or may concern, and do declare 
 that all damages, losses and detriments which have happened to the said vessel 
 and her cargo, are and ought to be borne by the proprietors of or underwriters 
 on the same, or whomsoever else it shall or may in any wise concern, the same 
 having occurred as before mentioned, and not by or through the insufficiency of 
 the said vessel, or neglect of the said A. B., his officers and mariners. 
 
 Thus done, and protested, in the said City of Montreal, in the said 
 Dominion of Canada, (where no stamps are used) at the office of Z. "^'., the said 
 Notary, on the day and year first above written. 
 
 In faith and testimony whereof, the said appearers have to these presents, 
 lirst duly read, severally set their hands, in the })resence of the said Notary, 
 also hereunto subscribing, these presents executed under the nundter 
 thousand hundred and 
 
 SIGNIFICATION OF TRANSFER, C. C. 1571 et seq. 
 
 And on this first day of the month of May, in tlie year of our Lord one 
 thousand eight hundred and eighty-six, at the special instance and request of C. 
 D., of , the assignee, {res.slonin(lre), named in the foregoing deed of 
 
 transfer granted by A. B., of , the grantor, {redatit), therein men- 
 
 Vioned, and passed before Z. X., the undersigned Notary, the 
 
 I, the undersigned Notary Public, didy eonniiissioned and sworn, in and for 
 the Province of Quebec, in the Dominion of Canada, residing in tiie City of 
 Montreal, in the said Province, persomilly went to the residence in the said City 
 of Montreal of P. Q., Contractor, where being and speaking to a grown, reason- 
 able person in charge, 1 signified unto inm, the said P. Q., the said foregoing 
 transfer by serving upon him, speaking as aforesaid, a tine copy of the said 
 
 i-ifi 
 
 ll' 
 
 
■m 
 
 STOCK CKRTIh'ICATK, DECLARATION Ob' LOSS OF. 235 
 
 traii.sfur, together with a duplicate of the certificate of its registi'ation, attached 
 to .said copy, and also a co})_v of these presents, forbidding at the same time, the 
 said P. Q. to pay to any other person or persons than the said C. D. the sum of 
 money transferred under and by virtue of the said transfer, on pain of paying 
 the same twice. 
 
 Thus done and signified, at Montreal .iforesaid, on the day, montli and year, 
 and at the phice first abo^e written, under the mmdjer tliousand 
 
 hundred and , ant I have signed, in testimony of the premises. 
 
 Solemn Dcrlto-uiion, nee Dccktrutloii. 
 /Special Partitertihiji. nee PditnerttJiip. 
 ISperial Power of Attorneif, me Mandate. 
 Steamer, Ahaiidoumetit of, see Siirremler. 
 
 DECLAK.VTION 0¥ LOSS OF STOCK CERTIFICATE. 
 
 I, A. B. {r>'Nl<l(:n(c) widow of C. D. (joeeupation and residence) being duly 
 sworn, do depose anil say : 
 
 That I am executrix of the last will and testament of the said late C. D.> 
 which bears date and was received before M. N. and his colleague, Notaries 
 Public, the 
 
 That the said late C. D. was in his lifetime owner of ten shares in the 
 capital stock of . represented, as I believe, by certificates of stock 
 
 issued by the said Company to the said C. D , bearing date the , and 
 
 numbered 
 
 That said certificates are not now among the assets of his estate in my 
 hands as executrix. 
 
 That said certificates have not been made over or ti'ansferred to anyone by 
 complete or partial a.ssigtnnent, or by .«ale thereof. 
 
 That they have not been hypothecated to any person or persons, firm or 
 corporation as collateral security for any debt, loan or advance. 
 
 That I believe .said certificates to be lost, as the most careful search among 
 the papers of the .said late C. 1)., now in my custody as executrix, has not 
 revealed their existence, and I have reason to believe, and do believe, that they 
 will not be found, but if found I will cause them to be returned to the Secretary 
 of said Company for cancellation. 
 
 That this affidavit is not made tor the purpose of wronging or defrauding 
 the said , or any per.son or per.sons, firm or corporation, but for the 
 
 sole and oidy puri)().se of obtaining duplicates of said certificates. 
 
 And 1 have signed. 
 
 Signed and sworn before me 
 
 at , this day S- A. B. 
 
 of 
 
 Z. X., Notary Public. 
 
236 
 
 STOCK, DECLARATION OF TRANSMISSION. 
 
 i:"!?:. 
 
 DECLARATION OF TRANSMISSION OF BANK STOCK. 
 
 ) 
 
 1^1 
 
 I ? < 
 
 i: li 
 
 Declaration made in conforniity with the provisions of the 2 1st Section of 
 the Dominion General Banking Act, 34 Victoria, Cap. 5, respecting the trans- 
 mission of shares of hank stock. 
 
 Whereas the late A., deceased, in his lifetime of the City of Montreal, in 
 the Province of Quebec, departed this life on or abont the , at whicli 
 
 time he was i)ossessed of ten shares of the cai)ital stock of the Bank of Mont- 
 real, which shares are now standing in the name of tlie said late A. in the 
 books of the said baid<. 
 
 And whereas, under the above cited act, if the interest of any sliiu'e in the 
 said bank shall become transmitted in consequence of the death of a shareholder 
 the transmission shall be authenticated by a declaration in writing, made and 
 signed by tlie party claiming tlie same. 
 
 Now it is Avitnessed by these presents that we, B., herein represented by 
 his duly constituted Attorney, II., under and by virtue of a certain Power or 
 Letter of Attorney, executed in tiie presence of witnesses at tlie City of 
 Toronto, in the Province of Ontario, the , and Dame D., widow of the 
 
 late K., of , executors of and duly appointed by the last will and 
 
 testament of the said late A., executed in the j)resenee of two witnesses, on 
 the , and of two holograph codicils to the said last will and testament, 
 
 dated respectively and , which said will and codicils were 
 
 duly proved, and probate thereof granted by the ILmorable P., one of the 
 Judges of Her Majesty's Superior Court for Lower Canada, in the District of 
 Montreal, on the 
 
 Do claim the transmission to us in our names as such executors of the afore- 
 said shares of the capital stock of the Bank of Montreal, so standing in the 
 name of the .said late X., as aforesaid, with all dividend.s, premiums and bonuses 
 that may have accrueii thereon, and we do therefore I'equest the said Bank to 
 enter our names in our said ca[tacity in the register of shareholders as being 
 entitled to the control under the said will and codicils thereto of the aforesaid 
 shares. 
 
 Witness our hands, at the said City of Montreal, this 
 
 Signed in the presence of and 
 acknowledged before me. 
 
 Z. X., Notary Public. 
 
 (Signatures) 
 
 DECLARATION OF TRANSMISSION OF BANK STOCK ON MARRIAGE, 
 WITH POWER OF ATTORNEY IN FAVOR OF THE HUSBAND. 
 
 I 
 
 
 i' 
 
 Declaration made in contbrmity with the provisions of the Dominion Gen- 
 eral Banking Act, 34 V^ic, Cap. o. Sees. 21 and 22, respecting the transmission 
 of shares of bank stock. 
 
 Whereas, I, Dame Mary Ann , of the City of Montreal, was married 
 
 on the twenty -second day of May last past, by the Reverend , to 
 
 John , of the said City of Montreal, Merchant, at which time I was 
 
 possessed of nine shares of the capital stock of the Bank of Montreal, and which 
 
 ■-^.mm 
 
PETITION OF TUTOR TO MINORS FOR SALE OF BANK STOCK. 
 
 Pkovince of Quebec, f o • n » 
 
 rv- . • . -. AT t 1 ^ Superior Court. 
 
 District ot Montreal. S 
 
 To the Honorable the .Justices of Her Majesty's Sui)erior Court at Montreal, or 
 to any one of tliem. 
 The petition of A., of 
 
 Humbly sheweth : 
 
 That your petitioner is tutor, and IJ., of , subrogate tutor to the 
 
 minor children i.ssue of the marriage of the late C, in his lifetime oi , 
 
 with the late D., also deceased, and was duly ai)poiiiti'd by Arfe dv tiitvUc dateil 
 the , homologated l)y the Prothoiiotary of the said Court, on the 
 
 advice of a family council, which said At(e de tittvUi- was registered on the , 
 
 under the No. 
 
 STOCK OF MINORS, PETITION TO SELL. 237 
 
 sluircH are now standing in my name in the books of the said bank. And 
 whereas, under the above cited Act it is necessary that if the interest of any 
 share in tlie said bank shall become transmitted, such transmission shall be 
 authenticated by a declaration in writing, made and signed by the party claim- 
 ing the same. 
 
 Now it is witnessed by these presents that I, the said Mary Ann , 
 
 wife of the siid , and from him separated as to proiJcrt}' by our 
 
 marriage contract, bearing date and executed before C, Notary Puldic, the 
 twenty-first day of May last past, copy whereof accompanies these presents, as 
 provided by said statute, and by him hereunto duly and si)ecially authoris(!d, as i"ij 
 
 ajjpears by his sigmiture hereto, do claim the transmission to me in my name, as 
 wife of the said .John , of the atbresaid shares of tiie cajjital stock of 
 
 the Bank of Montreal, so standing in my maiden mune as albre.said, with all 
 dividends, preiniiuns and bonuses that may have accrued thereon, and I do 
 therefore, authorised as aforesiiid, recpiire the said bank to enter my name as 
 wile of the said John in the register of sbarelioldeis, as being entitled 
 
 to the control of the atbresaid shares under the said transmission. 
 
 And further, I, the .naid Mary Ann , authorized as aforesaid, do 
 
 hereby constitute and apjuant my said husband, the .said Jonn , my 
 
 lawl'ul Attorney, for me and in my name to accept transfer of shares in the 
 capital stock of the .said Hank of Montreal, to receive and grant receipts for the 
 dividends and l)onuses accrued aiul to accrue on or in respect of any such shares, 
 hereby ratifying and confirming all and whatsoever my .said Attorney, in virtue if 
 
 liereof, shall lawfully do or cause to be done in my name. '•* 
 
 And I, the said John , do sign the present declaration as autnorising 
 
 my said wife. 
 
 Witness our hands, at the said City of Montreal, this day oi 
 
 in the year of our Lord one thousand eight hundred and 
 
 Signed in the presence of and } /r,. 
 
 ® , 1 1 1 1 £• t (Siguature»i 
 
 acknowledgeil belore me. \ \ o , 
 
 Z. X., a Notary with seal. 
 
 I'l 
 
iM- 
 
 238 
 
 STUDKNTSHIP, INDENTURE OF. 
 
 
 That th( 
 
 bel( 
 
 to 
 
 petit i 
 
 his said (inality, 
 
 ot tliu par value ol 
 
 are now 
 
 sharcH of the capital .st(Xik ot the ISaiik ot Montreal 
 share, amounting to % , and shares ot 
 
 Tliat very painful riunors have recently prevailed to the ett'ect that such of 
 the Montreal IJauks as carry on business in the City of A'ew York, inchiding tlie 
 said Banks, iiave been speculating in gold and stocks and lending their finids at 
 usurious rates, and that actionsat-law have been instituted against them; that 
 although the public conlidence in the stability of tlie said Hanks, which was 
 considerably shaken by said runjors. has been somewhat restored, your [M'titioner 
 cannot but feel that it is greatly in the interest of said minors to take advantage 
 of the present rates at which the stocks of the said Banks are selling, which is 
 inuisiially high, ami to sell the said shares of stock so belonging to the said 
 nunors, and invest the proceeds in seciu'ities of a more reliable character than 
 bank stock. 
 
 Your petitioner, in h's said capacity, therefore innid)ly i)rays that experts 
 be appointed for the purpose of ascertaining the value of such shares, and that 
 an assembly of the relatives, and in default of relatives, of friends of the said 
 nunors nuiy be convened to give tiieir advice in the premises, ami tiiat should 
 such advice l)e favorable, your petitioner, in his said capacity, be authorized to 
 sell the said shares of stock, in ord' that he may reinvest the proceeds thereof 
 in securities of a more reliable c' cter than bank stock. 
 
 And your petitioner will ev.-r pray. 
 
 A. B., Notary Public, 
 
 lor Petitioner. 
 
 (See (lino Sdif. Que. 4^-43 Vie., Cup. 20, w/ierehi/ .stork iimi/ fie sold hj a hroher 
 or other 2>cr«on mthoaf adoertweineut or other fornmlUies.) 
 
 1 
 
 ■» i 
 
 f 
 
 INDENTURE OF STUDENTSHIP. 
 
 On this day, etc., 
 
 Before, etc., 
 
 Personally came and appeared. A., of , wIkj for the good and 
 
 advantage of B., his nnnor son, aged seventeen years, on the , 
 
 Declared to have bound and engaged, and by these presents he doth bind 
 and engage the said B., party hereto, and consenting to and with C, of the said 
 City of Montreal, Notary Public, party to these presents, and accepting of the 
 said B. as his covenant student and apprentice to the study and profession of a 
 Notary Public, for, during and until the full end and term of three years, to be 
 computed and reckoned on and from the day of , on which day 
 
 the said B. was duly admitted to the study of the said profession, as is shown 
 by his certificate ol qualification to that effect, \wvr produced and granted 
 by , Secretary of the Board of Notaries, during all of which time or 
 
 period he, the said B., shall and will at all times willingly serve the said C, 
 obey his lawful connnands, do no hurt or damage to him or his business in any 
 manner howsoever, neither suffer nor see it done by others without giving 
 instant information thereof to the said C, shall follow his directions, attend 
 regularly every lawful day the office of the said C, and perform all and every 
 the particular and general duties which may from time to time be assigned to 
 him, the said B., and finally shall demean himself as a good, attentive and 
 faithful student ought and is bound to do during all the said term. 
 
 'iii. 
 
 Wr. 
 
STUDENTS!/ 1 1', TRANSFER OF INDENTURES OF. 
 
 239 
 
 And the Haid C, lor diviTs <z;o()d and valuable consideratioiis him thereto 
 inovin«r, and for and in con.sideration of the s^uiii of % currency of 
 
 Canada, paid to him hy tlie said A. at the passing of tiiesi! presents, the receipt 
 whereof is iierehy acknowledged, whereof (piit, doth hereby promise and agree 
 to teach and instruct, oi' causi; or procure to be well and sidliciently taught and 
 instructe(l the said J}, in and aljoiit all and every the matters and Ijranches con- 
 nected with and touching the profession of a Notary I'ublic, as practiced in the 
 said I'rovince of Quebec, in so far as he, tiie said JJ., hath cajjacity to learn the 
 same, and to that end will allow him the use of such books out ol his library as 
 may be fit and proper and deemed requisite and necessary for the prosecution of 
 his studies, and due f[ualiflc!ition for the admission of the said IJ. to the practice 
 of the prol'ession of a Notary I'ublic, but the said books shall not be removed 
 from the oilice of the said C. 
 
 Done and passed, etc. 
 
 TRANSFER OF INDENTURES. 
 
 Bkkokk K., the undersigned Notary Public for the Province of Quebec, in 
 the Dominion of Canada, residing in the City of Montreal, 
 
 Personally ai)peare(l, A., of the said City of Montreal, Esquire, Advocate, 
 who declared \o me, the said Notary, that for certain good and valid considera- 
 tions him thereunto moving, he has hereby assigned, transferred and made over 
 to B,, of the said City of Montreal, Esquire, Advocate, party to these presents 
 and accepting thereof. 
 
 All the unexpired term of a certain indentui-e of studentship entered into 
 between C, of the said City of Montieal, Merchant, in his ([uality ol tutor to 
 D., liereinal'ter named, and the said A , bearing date and [)assed before L., 
 Notary Public, the , whereby the said C. bound and engaged the said 
 
 D. to the said A. as his covenant student and apprentice to the study and 
 profession of an Advocate and Attorney for the term of three years, conq)uted 
 from the time the said D. was admitted to the study of the said prolession, as 
 shown by his certificate of qualification. 
 
 To have and to hold the said unexpired term of the said indenture of 
 studentship, and all the rights and privileges of the said A. therein and thereto 
 to the said C, he, the said A., herein' divesting him.self of all his said rights in 
 said indenture in favor of the said B., consenting and agreeing that the said D. 
 shall, for and during the unexi)ired term thereof, attend to tue business and 
 prosecute his studies in the oilice of the said B., as mentioned in the said 
 indenture. 
 
 And at the making and passing of these presents appeared and intervened the 
 said D., now of the lull age of majority, who declared that the present transfer has 
 been made at his request, and with bis full consent and ajjproval. and that for 
 and during the unexi)ired term of his .said indenture he will willingly and 
 faithfully serve the said B., obey his lawful commands, do no hurt or damage to 
 him in any nuinner howsoever, nor suffer or see it done by others without 
 giving instant intornnition thereof, shall follow his directions, attend regularly 
 every day the oilice of the .said B., and all and every the particular and general 
 
W' 
 
 240 
 
 SUaCKSSlON, DKCLARATION OF TltANSMfSSloN /!)'. 
 
 duties wliich may bo asHifiiit'd to liiin, shall execute and porforin to the bout of 
 his ability, and in all thinj^H deineaii him.self as a good, attentive and laithl'ul 
 fltiident ought and is bound to do 
 
 And the said H. doth hereby aceejjt of the said 1). hh his covenant student 
 and apprentice for and during the unexpired term of the said indenture, and 
 doth iierei)y pronuse and engage to teach and instruct, or cause to be well and 
 Hulliciently taught and instructed, the said 1) in and about all an(i every matter 
 and thing connected with the i)rofessi(>n of an Advocate and Attorney in tiie 
 said Province of Quebec, in so far as he, the said D., hath capacity to take up 
 and learn the same. 
 
 Done and passed, etc. 
 
 I <\ 
 
 Hi! 
 
 f^^ 
 m ' 
 
 m 
 
 :'!"■■ 
 
 !»<? 
 U ^ 
 
 JSiihroaafion. see Transfer and Suhroffation. 
 Snlhstftntlo)i, Pet it hit for Curator, .see Curator. 
 
 SUCCCESSION, DECLARATION OF TRANSMISSION BY. 
 
 On this day. etc.. 
 
 Before, etc., 
 
 Came and appeared, A. M., iMerchant, B. M., Agent, Dame C. M., wife of 
 R. K., Doctor of Medicine, from her said husband separated as to pro[)erty by 
 tlieir antenuptial contract of marriage, bearing date and passed before Z. X., 
 Notary Public, the , and by him hereto s|)ecially autliorised, as 
 
 api)ears by his presence and signature, ail of the said City of Montreal, and the 
 said A. M. in his cjipacity of tutor to I). M. and L. M,, minor chihlren issue of 
 the mar)iage of the late II. M., in his lil'etime of the said City of Montreal, 
 Advocate, with the late Dame II. S., his wife, both deceased, the said A. M. duly 
 appointed as such on the advice of the relatives and friends of the said minors, 
 homologated by the Protliouotary of the Superior Court for the District of 
 Montreal, the , registered the , and duly authorised for the 
 
 purposes hereof by order or judgment of the Honorable , tme of the 
 
 Judges of the said Superior Court, given at the said City of Montreal on 
 the day of , on the advice of a faunly council duly convened for 
 
 that purpose. 
 
 Who declared to me, the said Notary : 
 
 That the late G. M., in his lifetime of [residence and ocrnpatioa) the brother 
 of the said A. M., B. M., C. M. and H. M., departed this life at Montreal on or 
 about the , without having leit any last will and testament. 
 
 That he, the said G. M., was never married, and having left no issue, nor 
 father nor mother surviving him, they, the said A. M., B. M., C. M. and II. M., 
 being his only brothers and sisters, are cou.seciuently the sole heirs-at-law and 
 legal representatives of the said late G. M. 
 
 That in their said quality of heirs-at-law and legal representatives of the 
 said late G. M., they the said appearers, the said nnnors, as representing their 
 said father, Inive entered into pos.session of all his property and estate, movable 
 and immovable, and including s[)e('ially the following inunovable.s, to wit : (Give 
 dvacription ) . 
 
SUCCF.SSlnN, SUMMAnV oF MoVAHLFS OF. 
 
 241 
 
 Whareof At (e iit tliu Hiiid City of Montreal on the day, month and yoar first 
 bcl'oro written, under the nund)er of the original minnteH of the said 
 
 nnder.signed Notary. And the Haid parties hereto have signed, with and in the 
 preHence of the said Notary, after due reading hereof. 
 
 (Signatures) 
 
 ACT OF RENUNCIATION OF SUCCESSION, C. C. G51. 
 
 On Tiirs DAY, the first of May, in the year of our Lord one thousand eight 
 hundred and eighty-six, 
 
 Hkkohi; I)., the undersigned Notary Puldie for thy Province of Quehee, in 
 the Dominion of Caiuwhi, residing in the City of Montreal, 
 
 Personally came and appeared. A., Gejitleman, ami Miss B. A., s[)inster, 
 hoth of the said City of Montreal, issue of tlie miirriage of the late ('., in his 
 lifetime of the said City of Montreal, Mercliant, with late Dame D. his wife, 
 deceased. 
 
 Wlio declared that they have not at any time heretofore received any 
 emolument, benefit or advantage whatever from or out of the estate and succes- 
 sion of their said late father, the said A. C, who departed this life on the 
 , intestate. And considering that the said estate and succession 
 will he more onerous than profitable, they have renoiniced, and by these 
 presents they do .severally and respectively renounce the .same, hereby ailirming 
 that they have not at any time or in any manner or way how.soever intermed- 
 dled with the said estate and succession of the .said late A. C, nor made away 
 with, .secreted or disposed of any eflects thereof. 
 
 Whereof Acie. 
 
 Done and passed, etc. 
 
 SUMMARY OF THE MOVABLE PROPERTY OF A SUCCESSION. 
 
 At the special instance and request of A. B. (^reshlnicc and ocrtipntioii) in 
 his capacity of beneficiary heir of the estate and succession of the late C. D. his 
 father, in his lifetime i^r evidence and ofciijuitioii) in virtue of a judgment 
 rendered by the Honorable , one of the Judges of the Superior Court 
 
 for the District of , on the , permitting him to assume the 
 
 said quality of beneficiary heir, having complied with the requirements of said 
 judgment, and of the law in such case made and provided. 
 
 I, M. N., the undersigned Notary Public for the Province of Quebec, resid- 
 ing at , did proceed tt) prepare a summary of the movable property 
 of the said succession, based on the inventory taken by me, the .said Notary, 
 the , and on the sale by public auction of the movable effects thereof, 
 made through my instrumentality, the , as follows, that is to say : 
 
 The amount received from the sale by auction was $ 800 00 
 
 The amount in cash, as set fbi th in said inventory 200 00 
 
 The amount of the debts due the succession, as inventorised 3,000 00 
 
 Total sum at the credit of the estate $4,000 00 
 
i 
 
 ''i 
 
 I 
 
 242 suiiKrYsiiii'. 
 
 From tliiH sum iiiuHt be deducted : 
 
 The funeral expeiiHcs of the Hiiid late CD % 80 00 
 
 Mourning tor hiu widow .^ 30 00 
 
 CoHtH incurred in obtaining the order for benefit of inventory 12 00 
 
 Cost of the inventory GO 00 
 
 Cost of judicially cloHing the wanie G 00 
 
 Valuators' fees 20 00 
 
 Costs connected with the sale by auction 45 00 
 
 Crier's account 12 00 
 
 Amount of debts due by the estate, as inventorised. GOO 00 
 
 Cost of the present suunnary 10 00 
 
 Total sum of debts due by the estate ^875 00 
 
 Recapitulation. 
 
 Amount at the credit of the succession ^4,000 00 
 
 Amount due by the succession 875 00 
 
 Balance at the credit of the succession $3,125 00 
 
 Prepared and executed on the , under the No. , errors 
 
 and omi-ssions excepted, and signed by the said A. B., with and in the presence 
 of the said Notary, after due reading thereof 
 
 (Signatures) 
 
 
 u 
 
 Successive Eights, Redemption of, see Rights, 
 Successive Rights, Tnmsfer of, see Rights. 
 Stqipleinent, see Inventory. 
 Siipi>len<f^itary Deed, see Ohligation. 
 Suunnary of Movables, see Succession. 
 
 1; 
 
 11'. 
 
 '4 
 
 a ^ 
 
 
 i: 
 
 SURETYSHIP, C. C. 1929 et seq. 
 
 Before, etc.. 
 
 Personally appeared, A. B. and C. D. {residence and occupation) who, at the 
 request of E. F. {residence and occupatim}) hereby bind themselves each for his 
 own proper share {or jojithj and severally) as his sureties unto and towards M. 
 N. {residence and occupation) present and accepting, for the due payment of the 
 sum of % , amount loaned by the said M. N, to the said E. P., as set 
 
 forth in the deed of obligation therefor bearing date and passed before P. Q., 
 Notary Public, the , with interest thereon, and according to the terms 
 
 and conditions in said deed set forth, of which the said sureties have had 
 communication. 
 
 Done and passed, etc. 
 
 it! :t 
 
TKyDHft i)F MiiNEY IS SHTTLHMKNT. 
 
 8TEAMKR, SURRENDER OR ABANDONMENT OF. 
 
 243 
 
 On this day, etc., 
 
 IIkkouk, otc, 
 
 PerHoniilly iippcari'tl, A., of tho wiid City of Montreal, Miirrlinnt, of tho 
 (irst part ; and IJ., of tlu; Hanin place, EH(jnire, herein acting an hereinafter 
 mentioned for tin' benefit of al' parties therein concerned, of the hccoikI part; 
 
 Which Haid parties .leilaied unto me, the .said Notary, as follows : 
 
 Whereas the steamer called the "Quebec," owned by the said A, was lately 
 wrecked on the shore of Lake Erie, about fourteen miles West of I'ort Stanley. 
 
 And whereas the .said steamer was insured against the perils and dangers of 
 inivigation by the said A. for certain sums of money with the " Koyal Canadian 
 Insurance Company." 
 
 And whereas it is necessary for the purpose and with the view of recover- 
 ing from the said Insurance Company whatever sum or sums of mone}' he may 
 be entitled to claim and recover from them under liis policies of insuramie, that 
 the said A. should make an abandonment of the said steamer and all her 
 appurtenances. 
 
 Now, therefore, for the causes and reasons, and lor the purpo.s(!s aforesaid, 
 he, the said A., hath made over, and by the.se {jrcscnts he doth make over to the 
 said " Royal Insurance Company of Canada," hereto represented by the said 13., 
 their Agentand Attorney at the .said City of Montreal, accepting for the said In- 
 surance Company ami their benefit, as well as for the benefit of all other person or 
 persons therein interested, tiie said steamer as she now lies, with her engine, boiler, 
 machinery and all ai)i)urtenances to the same in any way l)elonging, without any 
 exception or reserve, divesting himself in favor of the said Insurance Company 
 and all others concerned of and from all claim, demand, title and interest iji the 
 said steamer, engine, boiler, mai^hiuery and other appurtenances. 
 
 To have and to hold the Siime and every part thereof unto the .said " Royal 
 Insurance Company," and to dispose of the same as of their own property. 
 
 Done and ]iassed, etc. 
 
 Imder, Demand and Protest, see Protest. 
 
 TENDER OF MONEY IN SETTLEMENT, C. C. 1152 et stq. 
 
 On this day, the , 
 
 At the special instance and recjuest of A. B. {resilience and occapation), 
 
 I, C. D., the undersigned Notary Public for the Province of Quebec, resid- 
 ing at , 
 
 Did proceed to the residence at of E. F., {occtqnition) where 
 
 being and speaking to himself, I declared : 
 
 That by deed of loan bearing date and pas,scd before M. N., Notary Public, 
 the , the said E. F. loaned to the said rcqnerant the sum of % , 
 
 which sum the said requerant undertook and bound hiuLself to I'epay in .sums of 
 not less than % each, with interest thereon, or on the balance thereof at 
 
 any time remaining unpaid, at the rate of six per centum per annum, payable 
 half-yearly on the 
 
244 
 
 TKNnmi OF dhaft of salf for sioNATf/iu:. 
 
 
 That on the tho waid rtK/ii/'rant repaitl the Haul E. F. tljc hiiiii oi' 
 
 $ of ciipital, and tht^ I'lirlhcr hum of $ luuiig ''>e accnicd intereHt on 
 
 th(^ whoU; anioiinl of tli<> loiin up to tliat diit*>, l(>avin^ a balan(;e oi' $ and 
 
 intcrcHt a»HU'U(>d thiMVon, whicli tlut saiv •rt/itrnml "iH ready to pa}', hut whicli tli<! 
 said K. K. rcluHcs to receive in fnli [laynient, (lenyin<^ tlie recc^ipt of tlie said 
 Hiiin ol' $ , and has instituted an a<!ti()n for the n>coV(M'y of tiie wiioh'. 
 
 Now, therefore, I, the said Notary, at, the re(|uest aforesaid, and speakinj^as 
 aforesaid, did and do hereby tenchn' and oiler to the said K. F. d honrnr tfcll^c ct 
 ilcnii rs (li'roiintrtx the snid hahiiice or sinn of % , witli the further snin of 
 
 % the! a<'(rrued interest thereon, :ind ^ to covtfr costs of suit, amount- 
 
 ing in all to the sum of % , reserving the right to make up tin- defi(!ien<;y, if 
 
 any, and composiMl said sum of the following dcnondnations of money, to wit, 
 (^/itir(/<firrllit' f/ir ijtilii or /)(iiiiiiii()ii iiolis, Niln r, lic.) the same heing legal ttmder 
 money, re(iuiring at liie sanu^ time the said K. K. to receive the same in lull 
 payment and sitisfaction of said deht, and to sign and e\e(Mit(! a proper deed of 
 acfpnttaiici' therefor under penally of all costs, losses, injury and daniiigi! 
 incurred, and that may he incurred in consei|uen(!e of his refusal to com[ily 
 herewith. 
 
 To all whicli I receivt^l for answ«'r , wlilciji anHwer the said 
 
 K. V. refused to sign when thereto re(|iH'sted hy me. 
 
 Wiierefore, I, the said Notary, at the re(|uest aforesaid, and speaking as 
 aforesaid, have protested, and liy these presents do most solemnly |)rotest, against 
 the said K. K., and all other pa-.ties whom the same doth, shall or may concern, 
 for all costs, losses, <lamages, deliiment, injury and ((Xpense already suffered and 
 sustaineil, and that may he hereafter sullered and sustained hy reason of tht; 
 refusal of the said M. K. in the premises, and for all and whatso'-ver else ought 
 to Im( proteHl(Ml against for and in conse(|uence of tin? matters and things, causes 
 and reasons hereinhefore nuMitione^l or in -idental thereto. 
 
 And i have served a copy of these [)resents upon the said K. K., spi-aking 
 as aforesaid. 
 
 Thus done and protested at 
 her»'iid)efore w.itten, under the nnmlxfr 
 of the premises. 
 
 , on the day, month and year lirst 
 , ami I have signed in testimony 
 
 (Signature of Notary) 
 
 
 TENDER OF DRAFT OF SALE FOR SIGNATURE. 
 
 On this dav, etc., 
 
 I, the undersigned l'id)lic N(<tary, duly commissiontMl, etc., 
 
 At the rei|uest and instanct! of A , of, (dc, in his (|ualit,y of Assignee of the 
 hankrnpt estate of K., of, etc., repaired to the ollic^e in th( **aid (Jity of Montreal 
 of ]{., Merchant, where heing and s|»eaking to liimsidf in person, I declared ; 
 
 'i'hat the said 11. on tiie agreed with ()., of, vXv,., Auctioneer, to 
 
 [)meini8e from the said A., in his (piality aforesaid, certain innnov.hhi properly, 
 Hituate and heing on Street, in the said City of Montreal, belonging 
 
 to the said A., in his said (juality, for the sum of $4,000, $1,000 in cash, 
 
TKNDKJl OF I Hi AFT OF SALE FOR SIONATlUtF. 
 
 245 
 
 ^1,000 by proiniHHory nolo ddo in throe moiitliH, with intorcHt at scvun /)'•>• mil, 
 !jl,()(IO ill (till' yniir, 1111(1 $1,000 in two yciirH, with iiitenjst piiyahh^ at six i>t'r 
 vent, th(! deeds (o he paased and int(!reHt to he (loiiipiititd from , 
 
 provided thi; '"Me on iiiveHtijjjation prov(!d good as he, {\n\ mu\ B., tlien and 
 there made it a (Condition and agreein;^ fipther that interest s'onhl he (;oinpiit(Ml 
 Ironi tlie , even if the deed of sr.le to him was .-ot c;oinplet(!(l on 
 
 that (hiy. 
 
 And whereas, hy Kv\ of dechiratioii, ii()ti(i(;atioii and protest, h(!ariiig (hit(? 
 th«! , tlie said A., in liis said eapjicity, re(|nir((d the siiid H., within 18 
 
 honrs alter th(! servicu; thereof, to (U'elant in writing to thi! said A. wh(flh('r or 
 not \h' approved of and was satisli(r(l with tlie title whieli he tiie said A., as siieli 
 assignee had to tin; said pro[ierties, to wiii(;li demand and riMpiest the said J{. 
 haH not yet replied. 
 
 Wluirefore, I, the said Notary, at tlie retpiest aforesaid, and speaking as 
 aforesaid, do lierehy tender to tlu? said M. a deed of sale of the said property 
 purchased liy him as afontsaid, drawn npaiid wvmW in eontormity with the terms 
 and (uiiiditions of said agnu'iiumt with said (', and eonditioiial a(tceptaiie(; 
 thereof Ity said H hereinlxdon! set forth, and which said deed of sale so tendered 
 is signed l»y (he said A., in his (piality aforesaid, re(|iiiriiig him, the said {{., to 
 sign and e\eciit(; thi; same, and also to sign a note in favor of tlu; said A., as 
 tli(! said W. had agreed. 
 
 To all which the said 15. replied , and on recpiest signed his name 
 
 (hereto, which answer being iiiisatisfactorv, 1, (he said Notary, at tin; re(piest 
 aforesaid, and speaking as aforesaid, de -lared to protest, as by these presmits 1 
 do most solemnly protest against \\w said H. for all costs, losses, damages, in- 
 jnries and hurts, already snllered by th(> said A., in his cajtacity albresaid, and 
 which he may liereait((r sillier and sustain in (!oiise(pieiic(^ of th(; priMiiises to b(( 
 hereafter recovtired, in time and plac(! convenient, hereby notifying the said 15., 
 and re(|niriiig him within l<S hours after tin; service upon him of these presents 
 to sign the said ([m'A of sab; at the oHice of the iindersigiKMl Notary, and to 
 comply with the terms of (he said agr(!einen(, and that in default thereof tin* 
 said A. will tli(!reafter consider as ciiiic(dle(l and aiinnlled, th(! said agreement so 
 iiiad(! betW(M'n th(> said <!. and him, the said ])., and that the same will b(> from 
 thencefortb at an (>ii(l, and that the said A. will |iro(;ee(l to sidl and dispose of 
 the said propmty, as if siadi agreement with said <". had never been made and 
 (entered into. 
 
 And to (he end (hat (he said IJ. may not have (laiise to pUiiid ignorance in 
 (he premises, 1 I> ve served him with a copy hereof and of the said draft of 
 deed of sale. 
 
 ThuB done and signilied at 
 
 , etc. 
 
 'Imlaiiicnt, svc Will . 
 
 '/rstxiiinif, Affinnrlill of, xcr Will. 
 
 'iVxtainent, Itirociifion itf\ nee Will. 
 
 Time of ArhilmtufH h'jtanlid, tur, Arlnlradtm. 
 
< 
 
 is 
 
 i 
 
 h 
 
 II 
 
 i 
 
 246 
 
 TRADE MARK, PETITION FUR. 
 
 TITRE-NOUVEL, C. C. 2249. 
 
 On this day, etc., 
 
 Before, etc., 
 
 Personally appeared, A. B., of, etc., of the one part; 
 
 And C. D., of, etc., of the other part : 
 
 Who declared to me, the said Notary, as follows ; 
 
 That by deed of sale, bearing date and passed befo -e Z. X., Notary Public, 
 the , registered the , the said A. B. sold and conveyed to 
 
 R. S., of, etc., the following immovable property, to wit : {Gine (lesrriptioii.) 
 
 The said sale was made for and in consi(lerati(»i of the price or siun of 
 ^ , which it was declared in and by said deed should be payable in 50 
 
 years, with interest thereon in the meantime at the rate of five per ce)itum per 
 (fiDiKiii, payable half-yearly on the 
 
 Thrt lie said R. 8. died at , intestate, on tlie , leaving 
 
 as liii sole heirs-at-law his son, M. 8., of, etc., and his daughter, Dame K. S., 
 wife of T. G., of , who became owners in the proportion of one-half 
 
 each of the said property. 
 
 Tiiat by deed of sale executed before H. A., Notary Public, the , 
 
 registered the , the saiil Dame K. 8. sold and conveyed her interest 
 
 in the said property to the said C. D. 
 
 That the said M. 8. died on the , having previously e.vecuted a 
 
 last will and testament before P. O. and colleague. Notaries Public, the , 
 
 registered the , whereby, among other bequests, he di'vised his share 
 
 of the said property to V. N., of 
 
 That the said V. N. sold the said interest in said })ro|)erty to the said (J. U. 
 by deed of sahi jiassed before tlie said P. O., Notary Public, the , regis- 
 
 tered the 
 
 That it is now years .since the said debt, which is now wholly due by 
 
 the said C. D., was created, and the said A B. has asked for, and the .said A. B. 
 has declared his willingness to grant and execute a i'.'rc-iionrrl for .said debt. 
 
 Now, therefore, he, the .said C. D., hereby acknowledges himself indebted 
 to the said A. B. in the said sum of $ , which sum he agrees and birds 
 
 hinuself to ])ay to the .said A. B., or his legal representatives, at the e.xpiriition 
 of the said term of 50 years, to wit, on the , and in the meantime to 
 
 pay the interest thereon at the said rate of five j)er (entam per (iimiun half- 
 yearly as heretofore. 
 
 And as security for the due payment of said sum and the interest thereon, 
 the said lot of land is hereby declared to be aft'ected and hypothecated. 
 
 And for the execution hereof, etc. 
 
 Done and passed, etc. 
 
 ■1 - 
 
 
 r 
 
 TRADE MARK, A.D. 1880. 
 
 A trad«J mark may be general or specilic according to the use made or 
 intended to be made by the; proprietor thereof, for the .sale of various articles in 
 which he deals in his trade, busines.s, occupation or calling generally, o? specific 
 if applied or intended to apply to the sale of a class of inerchanuise of a 
 particular description. 
 
 m. 
 
TRADE MARK, ASSIGNMENT OF. 247 
 
 Duration of specific, 25 years (may be renewed). 
 Duration of general, without limitation. 
 
 Proprietor must state particularly in papers whether it be "specific" or 
 " general." 
 
 Fee, general $30 ; specific $25. 
 
 To the Minister of Agriculture, (Trade Mark and Copyright Branch), Ottawa. 
 
 We, or I, , of the City of Montreal, in the District of Montreal, 
 
 and Province of Quebec, Canada, carrying on business there in partnership as 
 niainifacturers' agents under the inune, style and firm of , [if applira- 
 
 tlou he made hi/ Mjeiits, ntdte " the dull/ authorized agents in Canada of ) 
 
 hereby furnish a duplicate copy of a specific {or (jeneral) trade mark, to be 
 ap[)lied to the sale of [here state naine of article, in aveordance with .sections 8 and, 
 10 of " The Trade Mark and Design Art of 1S7.'> " ) which we verily believe to 
 belong to us, on account of our having been the first to make use of the same 
 {or, and ice veriJij hellevc the said to lie the original proprietor or pro- 
 
 prietors thereof on account of their or hi-i bring the first to make use of the same). 
 
 Which said specific {or general) trade mark consists {here instrt description). 
 
 Which said specific {or general) trade mark is i)rinted on labels to be 
 attached to the said {here insert the name of article) and branded or otherwise 
 printed or marked upon boxes, packages, or other receptacles, etc., containing 
 {state article) manufactured by {inr or iis), {if acting as agents, say nianafactared 
 and sold htj the said ), and we [or I) hereby request the .said specific 
 
 {or general) trade mark to be registered in accordance with the law. 
 
 I {or n:r) forward herewith the fee of twenty-five {or thirtg) dollars in 
 accordance with section 12 of the said Act. 
 
 In testimony whereof (/ or we) have signed in the presence of the under- 
 signed witnesses at the place and date hereunder menticmed. 
 
 Montreal, day > /o- iv 
 
 of A.D. 187D. \ {^i&x^i\) 
 
 Witnes.ses, (Signed) 
 
 ASSIGNMENT OF TRADE MARK. 
 
 (N.B.— Patent rights may be assigned in the same way. On application to 
 the Commissioner of Trade Marks or Patents at Citawa or Washington, full par- 
 ticulars will be furnished to ai)plicants weking for trade marks or patents. Two 
 copies of this deed nuist be sent to Ottawa and Wa.shington with the fees, and 
 one copy will be returned with certificate of entry of tin* assignment.) 
 
 On this DAY', etc., 
 
 Bkfoue, etc., 
 
 Personally appenred^ A. B., of . who has hei'eby sold, assigned 
 
 and conveyed to C. D., of , present and accepting : 
 
 All his, the .said A. B.'s, right, title, claim and interest of, in and to that 
 certain trade mark bearing the words " Electric Moccasin Oil," for the Dominion 
 of Canada and the United States of America, for both of which countries it has 
 been duly registered, to wit, for the Dominion of Canada at the City of Ottawa 
 
248 
 
 TRANSFER AND SUBROGATION, WITH ACCEPTANCE. 
 
 % 
 
 on the , under the No, , and for the United States of America 
 
 at the City of Wusliington, on the , under the No. , together 
 
 with the stock-in-trude of bottles, labels, wrappers, circulars, show cards, oil, and 
 in fact all the stock and plant connected with the manufacture and sale of the 
 said Electric Moccasin Oil, including all formulas and receipts connected with 
 the manufacture thereof, and any and all improvements thereof, and the good- 
 will of the business now carried on for the sale thereof, he, the said A. B., 
 binding himself not to sell or be accessory to the sale of the said compound or 
 trade mark, formulas or receipts, either in the Dominion of Canada or the 
 United States of America. 
 
 The present sale and assignment has been thus made for and in considera- 
 tion of the sum of % paid in cash by the said C. D. to the said A. B. at 
 the execution hereof, the receipt whereof is hereby acknowhnlged, whereof quit. 
 
 And for the execution hereof the said parties have made election of domi- 
 cile at the oiHces of the undersigned Notary, in the 
 
 Done and passed, etc. 
 
 Where, etc. 
 
 
 
 rsTl 
 
 ! 
 
 i-i^. 
 
 Transfer of Banlc Stoch, see Stock. 
 Trioififer of Stock on Marriage, see Stock. 
 Transfer oj Iiuleiiiares, see Stndenlshq). 
 Transfer of Lease, see Lease. 
 
 TRANSFER AND SUBROGATION, WITH ACCEPTANCE OP 
 SIGNIFICATION, C. C. 1570 et seq. 
 
 On this day, etc.. 
 
 Before, etc., 
 
 Personally came and appeared, A. B. {residence and occupation), 
 
 Who for the consideration hereinafter mentioned has assigned, transferred 
 and made over, and by these presents doth assign, transfer and set over, with 
 promise of warranty, avec j^f'oniesse de yarantir fonniir ct fnire I'aloir, {or, with 
 promise of warrant;/ of his oicti acts and deeds only). 
 
 Unto C. D. {residence ami occupation) present and accepting : 
 
 The sum of $5,000, part of the sum of $7,000, the balance of consiileration 
 money due under and by virtue of a certain deed of sale from the said A. B. to 
 E. F., of , bearing date and passed before Z. X., Notary Public, 
 
 the , registered the 
 
 The remaining sum of $2,000 was paid, as appears by deed of acquittance, 
 passed before, etc. 
 
 Together with the interest accrued and to accrue thereon, at the rate of six 
 pc' centum per annum, computed from the , and payable half-yearly on 
 
 the 
 
 To have, hold, use, receive and enjoy the said sum of $5,000 and interest 
 as aforesaid, and all rights, claims, mortgages and privileges resulting from and 
 derivable under the said deed of sale unto the said transferee as liis own 
 absolute property forever, by virtue of these presents, and on receipt of pay- 
 ment thereof, or any part thereof, good and sufficient acquittances, releases and 
 
TRANSFER AND SUBROGATION, WITHOUT ACCEPTANCE. 
 
 249 
 
 discharges to give and grant for the same, and in defanlt of payment or delivery 
 thereof, to use, take; and employ all legal and lawful proceedings, ways and 
 means for the recovery thereof as he, the said transferee, may see (it and 
 proper, and he, the said transferror, doth substitute and subrogate the said 
 transferee in and to all and every the rights, claims, mortgages and privileges 
 resulting from and derivable under and in virtue of the said deed of sale. 
 
 The present transfer and subrogation is thus made for and in consideration 
 of the sum of ^r),100 currency paid in cash by the said transferee to the said 
 transferror at the execution hereof, the receipt whereof is hereby acknowledged, 
 whereof quit. 
 
 The immovable property hypothecated as security for the repayment of 
 the said sum and interest, is known and designated by the number 188(j on 
 the olHcial plan and book of reference of 
 
 And to these presents personally came and intervened the said E. F., who 
 having had and taken communication of the foregoing deed of transfer and 
 subrogation, declared himself content and satisfied therewith; and to have been 
 well and sndiciently signilied in the premises, hereby waiving all further and 
 more formal signification, and acknowledging himself to be tlie debtor of the 
 said transferee in lieu and stead of the said transferror to the extent of the said 
 sum of i$5,000 and interest. 
 
 And for the execution hereof the said parties have elected their domiciles at 
 their present respective places of residence herein above mentioned. Where, etx;. 
 
 Done and passed, etc. 
 
 TRANSFER AND SUBROGATION, WITHOUT ACCEPTANCE OF 
 SIGNIFICATION, C. C. 1570 et seq. 
 
 On this day, etc., 
 
 Before, etc., 
 
 Appeared, A. {reaidenre and oct:np(din)t), 
 
 Who has by these pre.sents assigned and transferred, without any warrantv 
 save that the debt is due and unpaid and without recourse or liability for 
 the ivi^Litution of the money, unto B. (residence and ovrupnt'iou) present and 
 accepting : 
 
 The sum of fifty dollars due the said A. by C. of Mcmtreal, under the fol- 
 lowing titles, namely, 
 
 1. Deed of sale from D., of Montreal, Trader, to the said C, of lot olhcial 
 
 , executed before II., Notary, the first of March, eighteen hundred 
 and seventy-four, registered the , by which deed the .said C. obliged 
 
 ]iim.self to pay the sum of fifty dollars and interest to his vend(n"'s acquittal, to 
 E., which delegation was accepted by the latter, he being an intervening party 
 to naid deed for the purpose. 
 
 2. The said E. transferred the said sum of fifty dollars to the said A., as 
 appears by deed of transfer executed before , Notary, and registered 
 and signified on the said C. on the 
 
 To have and to hold the said sum of fifty dollars to the said B., and to 
 recover and receive the same with the interest thereon at the rate of seven per 
 centaiii per annum from the day of , from the said C, or from 
 
*• 
 
 
 
 1 1 
 
 m^ 
 
 m^ 
 
 i 
 
 fi 
 
 m 
 
 lit 
 
 !! I 
 
 'If 
 
 m 
 
 250 
 
 TliANSAflSSfON OF HONDS, ACTE /)E NOTORlfirf:. 
 
 all other porHoiiH wlioin it may conoern, or to (lisj)O80 of Hiiid debt as tlio said B. 
 ma} deem proper. And lor thtrHe piir|)ose.s tin; said A. siihroj^ati-H and snbsfi- 
 tnteH the said B. in all his ri<^hts, actions, eiaims, dt-niands, privileges and 
 hypothecs accessory to said debt, and resulting I'rom the deeds al)ove mentioned, 
 ond the registration thereof. 
 
 Tin; prestMit transfer luis been lurthermorc made for and in consideration of 
 the sum of lifty-ono dollars, whiirli the .said A. acknowledged to have received 
 from the said B. at the execution lusreof, whereof «|uit. 
 
 For tli(! signi(i(!ation hereof the bearer is constituted the Attorney of tiie 
 parties. The said B is to pay the costs ol this deed, and its registration and 
 signification. 
 
 Done and pas,sed, etc. 
 
 Ti'nvxfrr, irilfi Kw.lrnslon nl Time, srr Ofifiifnflnii. 
 TnniKfer of l'itlt:nt Jiitj/ifs, sir Tnnlf Marh. 
 Triiti»fer (if Siicccfisive KitjIitN, we Jii)//ifs. 
 'J'nins/'cr, Si'(fiilj}>a/!(iii <)J\ nrc Siifiii/iraliint. 
 'J'ntiisiiiissittn o/ ,Sl()i/:, JJec/iindioii of, xcc Slork. 
 'fr<inniiUHni<iii hij HiireeHxlon , Derhinitnni nj\ nee Si(<reMninu. 
 
 TRANSMISSION OF BONDS. 
 
 On TIMS DAY, etc., 
 
 Bkkokk, etc., 
 
 Personally appeared, A. IJ. (resitfeine mitl onn/Kifinn) who requested nu', 
 the .said Notary, to write and deposit in my oOii-e a copy of tin- loUowing bonds 
 and coupons thereto atta(;he(l, in order that true and I'aithlul copies thereoi niay 
 be made and (hdivered to whom.soever it may appertain, « ^//(/ <rV' <//7>//, and for 
 the purpose, it iiee<ls be, ol identilying and proving that the originals of such 
 bonds existed, which copy and deposit is hereby acconlingly made, and 1 have 
 deposited the originals ol said bonds and coupons with a clerk in Her Majesty's 
 Post Ollice in tiie said City of Montreal, directed t(» "(1 D., President 'of the 
 Bank of Kngland, London, England," having first paid the ]M)stag«' and registra- 
 tion fee thereon, to wit : 
 
 {//tie iiKike <iii e.rnet Cojiji <>t' 0)ie of (he IhhiiIh.) 
 
 In addition to the foregoing bond thiue are forty-nine others of the same 
 tenor, each for the sum of % , and bearing the res[)ective numberu 
 
 (^iiinert the miDiheiH) all inclusive. 
 
 (Jopy of coupon attached to bond. 
 
 {Mo he an exdcf <opi/ <f the Jirsf foii/ioti. alUiehejl to the /totn/.) 
 
 There are ninety-four coupons attached to each ImmkI of the same tenor as 
 the foregoing, each for tlu; sum of % , the first of which Ixjcomes due on 
 
 the day of , and the last on the , each series of 
 
 coupons bearing the respective numbers of the bond to which they are attached, 
 and numbered from 6 to !>!) inclusive. 
 
 Now, therefore, these presents and I, the .said Notary, witness that tlie 
 above is a true and exiu-.t copy of the .said bonds, and a true copy of the coupons 
 attached thereto liereinbefore mentioned, an.l compared by me, and that in case 
 
TUTDit .\Ni) si/n-TU'wn, PRucEEDiNua UKFoiii': yor.iuy. 
 
 A.li. 
 
 L X., N. l». 
 
 A. A., rs. I'. 
 
 (.1. //. xliditld iirioniiKinji llir NdI'Iii/ I<i the /'o.s' OJfi.o, iiiit/ ii/hr (hqiijuUiui/ Iha 
 letter^ lilt; Sohiry nniij tiiiin.r l/ie cir/i/iinlr. <>/ itifi/ifnitiou In Ilia A<U;.) 
 
 TUTELLK JJEKOKK NOTARY, (J. S. L. (J. (Jap. 8G, Scca. 2, 7, U. 
 
 Declaration. 
 
 On this day, ntc, 
 
 Hki-okk, etc., 
 
 I'er.soiiiilly iipitciiied, A. 15. (riMldrnti- mul orin/itilinn) wlio dcclart'd tliiit liis 
 wife, DuiiM! (J. I)., (lt'|)iirU;(l tlii.s lilt; on {]w , Iciivinjr lour minor 
 
 cliildri-'ii, isHUe ol tliuir marriiigo, to wit: (iflur imintu mid oijchj to whom it i.s 
 iic'ct'HHary that a tutor and Huh-tiitor \n; appointed lor the administration ol" their 
 property and the care of th(;ir porson.s. 
 
 whereupon, he, the said A. 15. re(|nircH the coiuiMei and advice of the rela- 
 tiuHH and friends ol' the said minors. 
 
 Whereof Arfr. 
 
 Done and passed, etc. 
 
 Family Oounoil. 
 
 On this day, etc., 
 
 Befoke, etc., 
 
 Per.sonally appeared. A. B. (^irHulenit; and occiquiiioii,') 
 
 Who has caused to he a.s.senihled hefon! me, the said Notary, for the 
 purposes mentioned in the above ilechiration, made before me on the , 
 
 {or vKide Ixfoi-f niii/ Nnluri/ on llir ,) to tlie intent that a tutor and sub- 
 
 tutor may l»e named wmX uppointi'd to the minor children issue of his inarria<^e 
 with Dame C. D. his wife, de<'ea.sed, lo wit : (II'ii; iiiftrrl lliii iihiikh, rtnideii.iv and 
 Oil' II pillion of till' ri'liilli^i'H lo llu- iinmhir of id huHt xnoen, mcalionuiij the dei/rae of 
 rf:liilioiiftlii/> lliiix, L. li., (iiiiiKiiiilli, /Hill riKil iiiirh', li. I)., Triiiirr, iiniliriiid niirlcy 
 cl<:, id/ iTnidiiiij III . If llii r< nri not a >tiij)iiii:iil luinif/i r of iiuih; rrliilii'i^ 
 
 reHidiiiij in llir dintriii, frl<ndn iniii/ form nieni/nrx of the loam'd, addiiiij the word», 
 " in ih.fiiidl of rflidircj<.") 
 
 Who alter havin<^ been duly sworn on the Holy Kvanj^elists, taken com- 
 munication of the declaration above mentione'd, and maturely deliberated 
 tof^i^ther, wer(! uiifuiimously of oi)inioii (or ns the m-si; inni/ In:) that the said A. B. 
 be appointed tutor, and the said IJ. 1). .sub-tutor to the said minors, who, being 
 present, have voluntarily accepted the .said ollices respectively of tutor and sub- 
 tutor, and proini.sed under oath to fulfil the duties thereof. 
 
 Whereof Ante. 
 
 Done and passed, etc. 
 

 TUTOR AND SUB-TUTOR, PETITION FOR. 
 
 Tutorship, Petition for Homologation, O. O. 267. 
 
 i 
 
 Province of Quebec, 
 District of 
 
 :\ 
 
 k\\ 
 
 To the Honorable the Judges of the Superior Court for the District of , 
 
 or to the Prothonotary of the said Court. 
 
 A. B. {resilience (Old orcupadott) humbly i-epresents that ho has caused the 
 relations and friends of the niiiiur children issue of his nuirriage with the late 
 Dame C. D. his wife, deceased, to be consulted by Z. X., Notary Public, 
 at , on the day of , and has caused to be fulfilled all 
 
 the proceedings by law required to be had in order to have a tutor and sub- 
 tutor appointed to the eaid minor children, for the administration of their 
 property and the care of their persons, and submitted for 3'oiir approval. 
 
 And he therefore prays that your Honors or the Prothonotary will take 
 these proceedings into consideration and homologate them, if they ought to be 
 so homologated, and you will do justice. 
 
 Montreal, May, 1886. 
 
 Z. X., Notary Public, 
 
 for the Petitioner. 
 
 iM 
 
 mi 
 
 ! 4 
 
 
 n 
 hi 
 
 ■%\ ■ i 
 
 PETITION FOR THE APPOINTMENT OF A TUTOR AND SUB-TUTOR, 
 
 C. C. 249 et seq. 
 
 Province of Quebec, 
 District of 
 
 To the Honorable the Justices of Her Majesty's Superior Court for Lower 
 Canada, in the District of , or to the Prothonotary of said Court. 
 
 The petition of Dame A., of the City and District of Montreal, widow of 
 the late B., deceased, in his lifetime of the same place, Storeman, 
 
 Respectfully sheweth : 
 
 That your petitioner's late husband, the said B., departed tliis life on or 
 about the , leaving a minor child issue of his marriage with your 
 
 petitioner, to wit, C, aged about eighteen years, to whom it is necessary that a 
 tutor and sub-tutor should be appointed for the administration and management 
 of his property, rights and interests and for the care of his person. 
 
 Wherefore, your petitioner prays that a competent number of the relatives, 
 and in default of relatives of the friends of the said minor may appear at such 
 time and place as your Honors, or one of your Honors, or the Prothonotary, may 
 appoint, to the end that a tutor and sub-tutor may be elected and appointed to 
 the said minor and to his property. 
 
 Montreal, 1st May, 1886, 
 
 Z. X., Notary Public, 
 
 for the Petitioner. 
 
WILLS. 
 
 268 
 
 MEMORIAL OF THE APPOINTMENT OF A TUTOR TO MINORS FOR 
 
 THE PRESERVATION OF THE LEGAL OR TACIT HYPOTHEC 
 
 RESULTING FROM SUCH APPOINTMENT, C. C. 2117, 2139. 
 
 A memorial to be registered of the ai)i)ointmeiit of A. B.. of, etc., (insert the 
 phire ofalmlc ami adtUtion of the tutor) to be tutor to C. D., E. F., etc., minors 
 under the age of twenty -one years, issue of the marriage of the hite G. H., [the 
 name of the father) deceased, with the hite J. K., (the name of the mother) also 
 deceased, which appointment was made by and under the authority ot L. M., 
 {ivnert the name ami dewription (f the Jiuhje hij irhom the appointmeid ha» heen 
 made) at, etc., (the jtlacc where the appoiidmeid wan made) on the day 
 
 of , in the year of our Lord . And the said appointment 
 
 is hereby required to be registered for the preservation of the hypothec result- 
 ing therefrom, on the real estate of the said A. IJ., situate in the of , 
 (,the mtme of the liegistration Coiadi/ or Division irifhin vhirh the registration is to 
 be made, and describe the property) by N. 0., of, etc., (^insert the name and descrip- 
 tion of the person requiring the reijistration). 
 
 As witness his hand the day of , etc. 
 
 Signed in the presence of N. O. 
 
 O. P. 
 R. S. 
 
 Tutor, Account Rendered by, see Account. 
 
 TJsitfrxut, see Donation, Will. 
 
 Vacant Estate, Petition for Curator, see Curator. 
 Vessel, see Charter Party, Surrender. 
 Voluntary Interdiction, see Judicial Adviser. 
 Voluntary Licitation, see Partaye. 
 
 Wife seel'ing Authorization, see Notoriete. 
 Wills— 
 
 1. Notarial or Authentic, three forms. 
 
 2. Holograph. 
 
 3. Before Witnesses, English form. 
 
 4. Memorial for Registration. 
 
 5. Petition for Probate, two forms. 
 
 6. Revocation. 
 
 7. Codicil, see Codicil. 
 
264 
 
 WILLS— NOTAHIAL oil AVTIIENTK; FoliM. 
 
 I 
 
 III 
 
 i 
 
 
 LAST WILL AND TESTAMENT, C. C. 840 d neq. 
 
 On this dav, tlie lirst of May, in the yuur of our Lord one tliouHund eight 
 hundred und eighty-six, 
 
 Bkkoke A. and B., the under.signed Notaries Public for the Province of 
 Quebec, in the Dominion of Canaihi, residing in the City of Montreal, in the said 
 Province. 
 
 Personally came and appeared, C, of the said City of Montreal, Merchant, 
 who, being of sound mind, memory aiid imderstanding, hath retnicsted us, the 
 said Notaries, to write down and receive in due form of law his last will anil 
 testament, which he has declared in manner and form lollowiiig, that is to say : 
 
 I desire that all my just debts, funeral and testamentary expenses be paid 
 by my executor, hereinafter named, as soon as possil)le after my death. 
 
 1 give, devise ami beipieath to my brother D., of the said ('ity of Montreal, 
 Esquire, Advocate, the whole of my i»roperty, real and personal, movable and 
 immovable, of which 1 may die lujsses.scd, hereby constituting my said brother 
 my universal legatee and devisee. 
 
 I appoint my said brother sole executor of this my last will aiitl testament, 
 and I revoke all wills and codicils 1 may have heretofore made. 
 
 The present will was thus declared by the said testator to us, the said 
 Notaries, ami by A., one of the said Notaries, the other being present, read to 
 the said C, who declared to well and truly umlerstaiid the same, and to persist 
 therein. 
 
 Done and passed in the said City of Montreal on the day, month and year 
 first hereinbefore written, under the number twenty thou.sand, and signed by 
 the said testator, with and in the presence of us, the said Notaries, also hereunto 
 subscribing in his presence and in the presence of each other, after due reading 
 hereof. 
 
 \\\ 
 
 
 It; I 
 
 LAST WILL AND TESTAMENT, C. C. 840 et seq., VESTING THE 
 
 PROPERTY IN TRUSTEES. 
 
 On this day, etc. , 
 
 Before, etc., 
 
 Persomilly came and appeared, A. B , of, etc., {(jioe the mtud preViminaru 
 shttement.) 
 
 I give, devise and bequeath the whole of my property, movable and immov- 
 able, of every nature and kind whatsoever, to my dear friends C. D. and E. F., 
 both of, etc. 
 
 To Have and To Hold my said movable and inunovable property unto the 
 said C. D. and E. F., in trust for the following pur[)oses, to wit: 
 
 \. To pay my just debts and funeral expenses. 
 
 2. To pay to my old servant, K. T., the sum of % 
 
 3. To pay to M. N., of, etc., as a mark of my respect and esteem for his long 
 and faithful services as a neighbor and friend, the sum of $ 
 
 4. After the payment of the preceding legacies and the debts I may owe, 
 to invest the net proceeds of my said property and estate so as to produce the 
 highest returns compatible with safety and in the discretion of my said trustees, 
 
 I 
 
 i 
 
W ll.l.S—NOTAIifAL OH AUTHKNTIO FOliM. 265 
 
 ami to pay over the rents, revenues and |)r()litH thereof quarterly or half-yearly, 
 as may be most coiiviMiieiit. to my cousin E. S., of , on her own receipt, 
 
 and fiee IVom the control of her hnshand, durinfj; the term of her natnral life, 
 and on her death to divide my said property e(|inilly among her children. 
 
 And lor the execntion hereof I apjujint the said (J. D. and E. F., and the 
 Hurvivor of them, executors, as well as trustees, hereby extendinj? their powers 
 lis such beyond the year and day limited by law, and I empower my said 
 trustees and executors to s(dl and convey innnovable property, ami invest and 
 reinvest the capital of my estate in their di.s<!retion, and on such terms as they 
 may think beat. 
 
 As a renujneration for the trouble my said trustees and executors shall 
 have in carrying out my wishes, I give and be(|ueath to each ol' them the sum 
 uf J400 prr avinnii so long as they continue to adnnnister my estate. 
 
 I hereby revok" all wills nud codicils 1 have heretofore made. 
 
 The present will was thus declared, etc, (^iSnnif ax in othef foi-ma of mil.) 
 
 LAST WILL AND TESTAMENT, C. C. 840 ft neq. 
 
 On this day, etc., 
 
 Bki'ohk a. B. and (J. D., the undersigned Notaries Public for the Province 
 of Quebec, residing in the City of Montreal. 
 
 Personally appeared. A., of the said City of Montreal, Merchant, who, being 
 of sound and disposing mind, memory and uiulerstanding, hath re(|uested us, the 
 said Notaries, to write down and receive in due ibrm of law his last will and 
 testament, wiiicii he has declared in uuuiner and form following, that is to say : 
 
 Fir-ttlji <iii<l PrIiitifHil/i/, I most willingly resign my .soid into the Hands of 
 Almighty God my Creator, in the hunil)le hope that He will receive it to His 
 lavor through the sole merits and intercession of Jesus Christ my Saviour. 
 
 ,S(coii(//i/, I desire that all my just debts, funeral and testamentary expenses 
 be paid by my executois, hereinafter mimed, as soon as possible after my death. 
 
 Tliinllji, I give and l)e([ueath to the various charitable institutions hereinafter 
 named, to wit, to the treasnrer for the tinu' being of the Montreal General 
 Hospital for the u.se of that noble institution the sum of % , to the, etc. 
 
 Foiirt/ili/, I give and bequeath to my nephew C, on his attaining the age of 
 twenty-three years the sum of $5,000 currency, and should the said C. pre- 
 decease me I direct that said be<jnest be divided equally between his lawful 
 issue. 
 
 Fift/ili/, I give and bequeath to my dearly beloved wife. Dame B., the use, 
 usufruct and enjoyment during the term of her natural life of the reuuiinder of 
 my movable and immovable property, wherever the same may be found, and to 
 Avhatever the same shall amount, hereby constituting my said wife my universal 
 u.sufructuar3' legatee and devisee. 
 
 /Sh-flili/, after the death of my .said wife 1 desire that my said movable and 
 immovable property of which the usufruct is herein granted to her, shall be 
 divided between the children issue of our marriage in equal proportions, share 
 and share alike, the share of any child who may predecease me and leave lawful 
 issue, to go to said i.ssue, and in default of such issne said share to become the 
 property of my surviving legatees by general title. 
 
IMAGE EVALUATION 
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256 
 
 WILLS— BEFORE WITNESSES, ENGLISH FOltM. 
 
 I direct that the shares which may devolve upon females by virtue of this 
 my will shall be held by them respectively free from the marital control of their 
 respective husbands, present or future, and as fully and unrestrictedly as if they 
 had remained single women. 
 
 And inasmuch as all the bequests by me made in and by this ray last will 
 and testament are meant and intended as and for the maintenance and aliment- 
 avy support of my said legatees, I expressly exempt the same and every part 
 thereof from seizure or attachn)ent for the debts or obligations of the said 
 legatees, or any of them. 
 
 I nominate, constitute and appoint my said wife Dame B., and my sons H. 
 and K., and the sni'vivors of them, executors of this my will, liereby extending 
 their powers as such beyond the year and day limited by law, and empowering 
 them to sell and dispose of, hypothecate or otherwise affect my immovable 
 property or any portion thereof for such sums of money, and on such terms and 
 conditions as they may deem best in the interest of my estate. 
 
 In the event of a difference of opinion among my executors, the voice of 
 the majority to rule. 
 
 I revoke all wills and codicils I may have heretofore made, and I declare 
 the present to be my only true last will and testament. 
 
 The present will was thus declared by the said testator to the said Notaries, 
 and by one of said Notaries, in the presence of the other, read to the said 
 testator, who declared to understand it fully, and to persist therein. 
 
 Done and passed at the residence of the said testator. No. John Street, 
 in the said City of Montreal, on the day, month and year first hereinbefore 
 written, under the number , and signed by the said testator with and in 
 
 the presence of the said Notaries, ilso hereunto subscribing in his presence and 
 in the presence of each other, after due reading hereof. 
 
 LAST WILL AND TESTAMENT, HOLOGRAPH FORM, C. C. 850, 854, 855. 
 
 This is my last will and testament. 
 
 I, A. B. [residence and occapatioii) give and bequeath to my dear wife C. D., 
 the whole of my movable and immovable property, hereby constituting my said 
 dear wife my universal legatee and devisee. 
 
 I appoint my said wife executrix of this my will, and I revoke all former 
 wills and codicils I may have made. 
 
 And 1 have signed at 
 
 this 
 
 (Signature) 
 
 LAST WILL AND TESTAMENT, ENGLISH FORM, C. C. 851, 854 f. 
 
 This is the last will and testament of me, A. B. {residence and occupation). 
 Firstly. 1 give, devise and bequeath to , 
 
 Secondly. 1 give, etc 
 
 In witness whereof I have to this my last will and testament contained 
 on this and the foregoing pages set my hand at aforesaid. 
 
WILLS— PETITION FOR PROBATE. 
 
 257 
 
 this day of 
 
 hundred aud 
 
 Signed and acknowledged by the"^ 
 said testator as and for his last 
 will and testament, in the 
 presence of us, who, in his 
 presence, at his request, and in | 
 the presence of each other, I 
 have hereunto set our names I 
 as witnesses. J 
 
 M. N. (residence and occupation) . 
 P. Q. {residence and occupation). 
 
 , in the year of our Lord one thousand eight 
 
 A. B. 
 
 WILL, MEMORIAL OF, OR OF A PROBATE, OR AN OFFICE COPY, OR 
 A NOTARIAL COPY THEREOF, C. C. 2098, 2139. 
 
 A memorial to be registered of the probate (or of the origincd loill, or an 
 office or notarial copy, or as the case may he) of the last will and testament of G. 
 H., late of , bearing date, etc., by which -will the said testator did give 
 
 and devise unto, etc. (as in the idll) to hold, etc.; which said will was executed 
 by the said testator in tlie presence of A. B., of, etc., C. D., uf, etc., and the 
 probate of the said will (or the original, or an offi,ce or notarial copy, or as the case 
 may be) is hereby required to be registered by (0. P., one of the devisees therein 
 named). 
 
 As witnesd his hand, this daj of 
 
 Signed in the presence of 0. P. 
 
 R. S. 
 T. V. 
 
 PETITION FOR PROBATE BY EXECUTORS, C. C. 857. 
 
 Province of Quebec, > 
 
 District of Montreal. ^ ^ 
 
 To the Honorable the Judges of the Superior Court for Lower Canada, in the 
 District of Montreal, or to the Prothonotary of said Court. 
 The petition of Dame A. B., of the City of Montreal, widow of the late C. 
 D., deceased, in his lifetime of the same place, Esquire, Merchant; H. K., of the 
 Township of Chatham, in the County of Argenteuil, in the Province of Quebec, 
 Esquire, Merchant, and M. N., of the said City of Montreal, Esquire, Advocate, 
 the executors of and duly appointed under the last will and testament of the 
 said late C. D., bearing date and passed before 0. M., Notary Public, of the said 
 City of Montreal, and two witnesses, on the seventh of July, one thousand eight 
 hundred and seventy-five, and of two codicils thereto, the first whereof bears 
 date and was passed before the said O. M., Notary Public and witnesses, the 
 fifth day of July, one thousand eight hundred and seventy, and the second 
 whereof was executed in holograph form b^- the said late C. D. on the fifth day 
 of November, one thousand eight hundred and seventy-two, 
 
258 WILLS— PETITION FOR PROBATE. 
 
 Humbly representB : 
 
 That the said late C. D. departed this life on the eighteenth day of the 
 month of May (1875), leaving his said last will and testament executed in 
 authentic form, and his first codicil thereto also above mentioned and executed 
 in authentic form as aforesaid. 
 
 That at the said Township of Chatham on the said fifth day of November, 
 one thousand eight hundred and seventy-two, the said late C. D. made and 
 signed entirely in his own handwriting a certain other paper writing in the 
 nature of a further or second codicil to said last will and testament, and which 
 is also above mentioned, which last mentioned paper writing \u herewith 
 produced, marked with the letter C. 
 
 That your petitioners are desirous of making proof of the said last men- 
 tioned paper writing in the way of a second codicil to said last will and 
 testament, and obtaining probate thereof. 
 
 Wherefore your petitioners pray that they may be permitted to adduce 
 proof of the due execution of the said paper writing in the way of a second 
 codicil to the said last will and testament that probate thereof be thereupon 
 granted in due course of law, and that the said paper writing in the way of 
 a second codicil to the said last will and testament be deposited annong the 
 archives and be recorded in the register of said Court to the end that authentic 
 copies thereof may be granted to whomsoever may be entitled to the same. 
 
 Montreal, 28th May, 1875. 
 
 (Signed) P. Q., 
 
 Notary for Petitioners. 
 
 Let proof of the said paper writing in the way of a second codicil of the 
 snid last will and testament be made as prayed. 
 
 (Signed) Judge. 
 
 Province of Quebec, 
 District of Montreal. 
 
 O. M., Notary Public, and J. K., Merchant, both of the City and District of 
 Montreal, ho ving been duly sworn on the Holy Evangelists, do and each of them 
 doth depose and say, as follows : 
 
 I was intimately acquainted with the late C. D., deceased, in his lifetime of 
 the said City of Montx'eal, and with his handwriting and signature, having 
 frequently seen him write and sign iiis name. 1 have carefully examined the 
 paper writing in the way of a second codicil, produced with the petition hereunto 
 annexed and marked C. and purporting to be a codicil to the last will and testa- 
 ment of the said late C. D., and I declare that it is entirely in the handwriting 
 of tlie said late C. D., including the signature C. D. subscribed thereto, which 1 
 declare to be his genuine signature. 
 
 The said paper writing purporting to be a codicil as aforesaid is dated the 
 lilth day of November, one thousand eight hundred and seventy-two, and 
 written and signed entirely in the handwriting of the said late C. D. 
 
 And further I say not and have signed. ^ 
 
 Sworn before me at the City of ^ <^S' -iri^ n \T 
 
 Montreal, this twenty-eighth > ^"^ °/" '' ^ v' 
 
 day of May, A. D. 1875. > ''• ^• 
 
 (Signed) S. M., Commissioner of the Superior Court, 
 
 District of Montreal. 
 
WILLS— PETITION FOR PR03ATK. 
 
 259 
 
 PETITION FOR PROBATE BY LEGATEE, C. C. 857. 
 
 Province of Quebec, 
 District of Montreal 
 
 :1 
 
 To the Honorable the Judges of the Superior Court for the District of Montreal, 
 or to the Prothonotary of the said Court. 
 
 The petition of Dame Mary Ross, widow of tlie late David Ross, deceased, 
 in his lifetime of the City and District of Montreal, Clerk, the sole universal 
 legatee under his last will and testament, 
 
 Humbly represents : 
 
 That the said late David Ross departed this life on the day of , 
 
 leaving a last will and testament, written and signed entirely in his own hand- 
 writing, and dated at Montreal the thirty-first of March, one thousand eight 
 hundred and , which last will and testament is herewith produced 
 
 marked with the letter A 
 
 That your petitioner is desirous of making proof of and of obtaining p' obate 
 thereof. 
 
 Wherefore your petitioner prays that she may be permitted to adduce proof 
 of the due execution of the said last will and testament, that probate thereof 
 be thereupon granted in due course of law, and that the said last will and 
 testament be deposited among the archives and be recorded in the registers of 
 said Court, to the end that authentic copies thereof may be granted to whomso- 
 ever may be entitled to the same. 
 
 Montreal, ,1886. 
 
 A. B., Notary Public, 
 
 for Petitioner. 
 OrdlBir of the Judgre. 
 
 Let proof of said will be made as prayed. 
 Montreal, , 1886. 
 
 Province of Quebec, > 
 District of Montreal. S 
 
 (Signature of Judge) 
 
 I, Charles Cushing, Notary Public, of the said City of Montreal, having 
 been duly sworn on the Holy Evangelists, do depose and say : 
 
 I was intimately acquainted with the late David Ross, deceased, in his life- 
 time of the said City of Montreal, Clerk, and with his handwriting and 
 signature, having frequently seen him write and sign his name. 
 
 I have carefully examined the document px'oduced with tlie petition here- 
 unto annexed and marked A., and purporting to be the last will and testament 
 of the said late David Ross, and I declare that it is entirely in the handwriting 
 of the said late David Ross, including the date and the signature " Dav. Ross " 
 subscribed thereto, which I declare to be his genuine signature. 
 
 The said document was and is dated the thirty-first of March, eighteen 
 hundred and 
 
 And further I say not and have signed. 
 
 Sworn before me at the City 
 
 of Montreal this day ^ C. Cushing. 
 
 of , A.D. 1886. 
 
 (Prothonotary) 
 
260 WOMAN MARRIED, AUTHORIZATION BY HUSBAND. 
 
 REVOCATION OF LAST WILL AND TESTAMENT, C. 0. 892 et aeq. 
 
 On this day, etc., 
 
 Before A. B. and C. D., the undersigned Notaries Public for the Province 
 ol Qiebec, residing at , (or before a Notary and tioo toitnesses) . 
 
 Personally appeared, E. F., of, etc., who, being of sound and disposing mind, 
 memory and understanding, hath declared to us, the said Notaries, to have 
 revoked as by these presents he doth revoke, cancel and annul his last will and 
 testament, which bears date and was received before P. Q. and R. S., Notaries 
 Public, t)ie , hereby declaring the said will and all previous wills and 
 
 testamentary dispositions null and void to all intents and purposes, and as if the 
 same had never been executed. 
 
 It was thus declared by the said E. F. to us, the said Notaries, and by me, 
 A. B , one of said Notaries, the other being present, read to the said E. F., who 
 declared to understand the same and to persist therein. 
 
 Done and passed at the day, month and year first before written, 
 
 under the No. , and signed by the said A. B., with and in the presence of 
 
 us, the said Notaries, also hereunto subscribing in his presence and in the 
 presence of each other, after due reading hereof as aforesaid. 
 
 (Signatures) 
 
 AUTHORIZATION TO A MARRIED WOMAN BY HER HUSBAND. 
 
 Befghe, etc., 
 
 Appeared, A. B., of, etc.. 
 
 Who has hereby formally authorized Dame M. his wife, from whom he is 
 separated as to property, in virtue of their marriage contract bearing date and 
 passed before Z. X., Notary Public, the, etc. 
 
 ( Here state the object. ) 
 
 Tlie present authorization has thus been given on the express condition 
 that no payment on account of the said consideration money shall be made 
 except in the presence and with the consent of the said A. B. 
 
 Done and passed, etc. 
 
 Worknmn, see Engagement. 
 

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