.%, ^. J^^^ ^ "^^ ^^- IMAGE EVALUATION TEST TARGET (MT-3) 7' ^ ^ / / i/.. (/. m y: 11.25 I us 12.0 ^m, rnuiugiapIJki Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) 872-4S03 # i\ V s> ,> %^ CfHM ICMH Microfiche Collection de microfiches (l\/lonograplis) (monographies) Canadian Institute for Historical MIcroreproductions / Institut Canadian de microreproductions historiq ues t\r\ Technical and Bibliographic Notes / Notes techniques et bibliographiques to th The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be biblioyraphically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D D D D n Coloured covers/ Couverture de couteur Covers damaged/ Couverture endommagte Covers restored and/or laminated/ Couverture restauree et/ou pelliculee Cover title missing/ Le titre de couverture manque Coloured maps/ Caites g^ographiques en couleur □ Coloured ink (i.e. other than blue or black}/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relie avec d'autres documrnts Tight binding may cause shadows or distortion along interior margin/ La reliure serree peut causer de I'ombre ou de la distorsion le long de la marge interieure □ Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajout^es lurs d'une restauration apparaissent dans le texte, mais, lorsque cela etait possible, ces pages n'ont pas ete filmees. L'institut a microfilm^ le meillour exemplaire qu'il lui a ete possible de se procurer. Les details de cet exemplaire qui sont peut-ltre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite. ou qui peuvent exiger une modification dans la methode normale de f ilmage sont indiques ci-dessous. □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommagees □ Pages restored and/or laminated/ Pages rcstaurees et/ou pellicul^s Pages discoloured, stained or foxed/ Pages decolorees, tachetees ou piquees □ Pages detached/ Pages detachees pot* of th fiimi Origl bagii thol sion, othoi first •ion. or ill( Showth rough/ Transparence □ Quality of print varies/ Qualite inegale de I'impression □ Continuous pagination/ Pagination continue Includes index(es)/ Comprend un (des) index Title on header taken from:/ Le titre de Ten-tSte provient: Thai shall TINU whici Mapi diffoi •ntin bogin right roqui moth □ Title page of issue/ Page de titre de la li □ Caption of i Titre de dep vraison ssue/ depart de la livraison □ Masthead/ Generi que (periodiques) de la livraison D Additional comments./ Commentaires supplementaires: This Item is filmed at the reduction ratio checked below/ Ce document est filme au taux de reduction indique ci-dessous. 74X 18X 22X /.bX 30X 12X ■I6X 20X 24 X 28X 32 X Th« copy filmed h«r« hat b««n r«produc*d thanks to tho ganaroaity of: Library of the National Archives of Canada L'axamplaira filmA fut raproduit grica i g^ntroaitA da: La biblioth^ue det Archives nationales du Canada Tha imagaa appaaring hara ara tha baat qpality poaaibia conaidaring tha condition and lagibility of tha original copy and in kaaping with tha filming contract apacif icationa. Original copiaa in printad papar eovara ara filmad baginning witfi tha front covar and anding on tha laat paga with a printad or illuatratad impraa- sion. or tha back covar whan appropriata. All othar original copiaa ara filmad baginning on tha first paga with a printad or illuatratad impraa- sion, and attding on tha laat paga witti a printad or illuatratad impraaaion. Tha laat racordad frama on aach microficha shall contain tha symbol -^ (maaning "CON- TINUED"), or tha symbol V (maaning "END"), whichavar appliaa. Maps, plataa, charts, ate, may ba filmad at diffarant reduction ratioa. Thoaa too larga to ba •ntiraiy included in ona axpoaura ara filmad baginning in tha uppar laft hand corner, left to right and top to bottom, as many frames aa required. The following diagrams illustrate the method: Las images tuivantas ont At* raproduitas avac la plus grand soin, compta tanu da la condition at da le nettet* de laxampieire film*, at an conformity avac lea cinditions du contrst da filmage. Lea axempleirea originaux dont la couvartura en papier eat impHm^ sont filmis an commancant par le premier plet et en terminant soit par la darniAre page qui comporte une emprainta d'impreaaion ou d'illustration, soit par la second plat, salon le caa. Toua las autres axamplairas originaux sont film4s an commanpant par la pramiAre page qui comporte une emprainta d'impreaaion ou d'illustration at an terminant par la darniire pege qui comporte une telle empreinte. Un dea symbolea suivants spparaitra sur la darniAre imege de cheque microfiche, salon la cas: la symbols — ^- signifie "A SUIVRE". le symbols V signifie "FIN". Les cartea, planches, tableeux, etc., peuvent Atre filmia A dea taux da rMuction diff^rants. Lorsque le document eat trop grand pour fttra reproduit en un seul clich*. il est film* A partir de Tangle supirieur gauche, de geuche A droite. et de haut en bas. an prenent le nombre d'imegea nAcassaira. Lea diagremmes suivants illustrent la mithode. 1 2 3 22t 1 2 3 4 5 6 CODE OF CIVIL PROCEDURE. c OOIDB 9^c OP CIVIL PROCEDURE • IF THE PROVINCE OF QUEBEC WITH AMENDMENTS COLLATED AND INCORPORATED BY W. A, WJKIR. B. c. I^. Member of the Montreal Bar. A. PERIARD, LAW PUBLISHER, 23, St. James street. 1889 hntorod aceordiii>; to Act of Parliament, in the year one thousaud t'iglit hundred and ci^ht.v-nint', hy A. PtRiARL, in the oftice of tho Minister of AgrK-ii]tur<.' ."id Statistics at Ottawa. TABLE OF OONTExVT^ S OK THK CODE OF CIVIL PHOCEDI HE OF r.OWKR CANADA iF-zi^so? jpj^Ttrr. fiK.VKIMI, FTlOVISIoNS. Pages 3 I'HOCKDCKK HKFOHK COUUTS. BOOK FIRST. SUPERIOR COURT. I'KKUMINARY PROVISIONS g TITLK FIRST.— Of the suit ". ..... ..'.*.'...'.' ' ' ".'.'. " ' jg Chai'. I.— Op svmmons ,o f'HAP. ]I. -Of the kf^tuun and proceedings before con- testation .- (JHAP, III.— Of contestation ' on Of proliuiinary exceptions 20 Of pleas to the merits 24 Chap. IV.— Of incidents „. Chap. V.— Of articulation of FAfTs o-. Chap. VI.-Of trial '.'.".*.!!" 34 Of proof "........"!..'!!. .V.....!, 37 Of stenography ^g Of trial by jury ..*......'. . . . . ....*.' 54 VI TAHI,K OF C'O.VTKNTS Chap. (HAP. TITLK (J HAP. Chap. Chap. Chap. TITI-K Chap. Chap. VII -Ok mvKHs othku ,Nc„,..v.r.., P.ocKKn.vos. . ''""Z MIL— Ok kinai.,Ii:dom»nt . Ofcosfs ,. '^ sEc.,x,,._OKHKM;;,,yH:^^.,«;.;;,„,,,-; :; 1 — Ok KKVI.SIO.V - Of the r..vi«i„„ of, judgments l>y *,l,"f;u,It Ofn>vi,.wbHoro three ju.lK.'H rr.-OK PETITIONH IN HEV()( A IIO.V OK J U " " ' HI.— Ok OP POSITIO.VK BYTHIKDPAKriK.S IXIMKNT. 71! 74 7(i IV.— Ok APPEAI„s '''niU). -OK THE KXKCL^ION^Vk .,'t'l,'oM'KNT,S I.-(»K THK V„M;.vrA»V KXKCUT1.,N OK ,,1;i,0.mVnts.' H.-Ok COMPULSOKV KXKCUTrON OK .,L-I,O.WENTS Of 81'izuro of movcahlcs Of I.ay,M..nt .,ul .li.s.ribution' of mouPyB "l.-Viod Ot siizarc hy Kariiisliimnt Of t'Xfcution upon iiimioveablcs '.'..'..'. Ofiilmiuloiiini'ut ofiiroiicrty Of coeruive imprisniimcnt. 78 78 78 81 8.3 01 92 !)0 120 124 Chap. Chap. Chap. Chap. BOOK SECOND TITLK FIRST -Ok PHovrsro.A. PKOCK.,n.as wurcH accom- PANY 8UMMON.S IN CEIITAIN CA.SKS T— Ok CAPIAS AD RK8P0.VDBNDUM ... II.-Ok attachment bekork judgment.'.'." " '. Of simplt' jittiichiiu-nt Of attachment by garnishment III.-Of attachment IN REVENDICATION \ I Op ATTACHMENT FOB RENT TT'nf V. C..J'~^^ JUDICIAL SEQUKSTKATION "." riPLE SECOND.-Spkcial PROCEEDINGS l^HAP. I {a).-Of the petition OP right .'.""..'.'."*" Chap. I— Summary matteks Chap. II.-Hypothecarv recourse aoakVst immoveables OP which thb owners are unknowv or un- certain II(A)._Ok re-entry upon ABANDOVEO ■ LANDS I1I.-0P THE partition OF TOWNSHIP LANDS HELD Vv COMMON . > . . IV.-Of COMPULSORY PARxiTio.v' AND LICITATioN "." Chap. Chap. Chap. 12U 12U I'Jl 131 1.14 13.5 m; 136 140 137 140 143 14.5 14G 147 I'AOEH 5KDi!ias ee 70 • 71 rs 72 72 ult ^2 74 iMK.sr. 7(i 77 78 78 D(J.MEXTS. . 78 ENTS... ... 81 83 '8 levied.. 91 02 ■ lit; \-2i) . 124 OK THE CIVIL CODK OF I'HOCKI.UUK. ^„ Chap. V.— Or Ar-rmvu ..., J. Paokh Uf AtT.ON.S Of BOLNOAKV OH ,o VK.UKV OH HKC CHAP. M— Of POMHKHSOKY ACTIONS Cha... Vn_(,K-.. I.-OF «::"":;: "'" ^ ^"^^'^^'^""^^ ^^^ ('HAI-. il— Ofthei.NVKNTOKY ;HAP. ni._„F BENEFIT OK INVKNTOHV tHA. n,(^._OF.E™sOKVKHIKIc";;.;:. THLK HK VEXtH.-..E.E«A. ^kovisu ^ " V.^. ^ ^ " ^ " 20H 211 2H 21" 21(i 217 218 i.i..M.NTH.-DrvisiOK ok t.oweh ca.vada i.vto i^i.tku";; F-A. .HOVISIO.S "" ™^^ — STHATIO. OK .U.TICe ." .': 220 221 FIRST PART.-FoB.Me APPEi^DlX. SECOND PART.-F0RM>r,vT^'^"''' '"™ ™^" "^"^ ^O^^- • • • 2-> INDEX . , ""•;"; ^^'^^^-^W^ WITH CIVIL PKOCEBUKE 23.5 2.03 CODE OK CIVIL PROCEDURE. )DE ■22-2 JKDUKE 235 2.03 FIRST PART. GENERAL PROVISIONS. 1. The place, time, and umtrent courts are regulat- ed by particular statufei A The court may, accordiue to circumstances, shorten ll e terms thus fixed, or it mav prolong them, by adioS ment, either frULy to da' or to any subsequent day bi: fore the followrirg term and ol'su^h"':^''^'^''^^'''- or such adjournment, the court may hear and deter! iT whe' hf ' ^L^"^^^^ before t)epin before or since such adjournment.-.In the absence sfdl H^"^^" ^vho should pre- I side the court, the protono- i ^ary or the clerk as Cease court from day to (fay during the term.-Courts cannot si? on uon-juridical days.-Ex- cept as regard proceedings pSbff/nS^ ^corporations an^d public offices, oppositions to ' wrTtsS/ ^PP'''^^^''o"3 for I maters, suits hetvv'ee^e,';;; I and leasees, the proceed in r? [ff'late.l by the firsHiUe S? concj, the proceeding's und.r /I A 720, 7J0 and 763 to 7firt inclusively, suits ! efore dfs^ tnct magistrates, suits be& commissTonners' courts for ,thesumma.y trial of gnmH causes, the 6ourt of Queen'i I Bench, and as regards thedl- ^in5of^?"^P^'^Sag.S^, yeTr?Yn3^^a1SV"^ are not obliged to iif h/ tweenthethfrttfirstSv^"; t^'f^^'^^dthetenthd^of tw?Sfh^X^f^^DT4"m^ "uary. Qi,^. ^.^^^j.j g^^ 1 (■(II,K OK I'HOCKDrilK. PAUT. I. 2. Tt;o following days are the maint"iiaiu'e of good or- F. S] noii-niri(lic:il :— 1. Siiiidays; — 2. Ni'W Year's Day; — 3. The Kijiphaiiy. the Aiinunci-| ation, Ash Wednesday, Good i Friday, Hasten Monday, tlie Ascension, Corptin- C/irisfi, , St-Peter and Ht-1'aiil's Day, All Saints" Day, the Con- ception iind Ciiristmas Day ; — 4. The anniversary of the Birth Day of the Sovereign, or the day fixed by prcjclama- tion for its celebration ; — 5. The first day of July, the anniversary of the coming ioto force of the Union Act, ; or the second day of the ' month if the first be a Sun- day ;— 5. Any day appointed by royal proclamation or by proclamation of the Governor as a day of a general fast or thanksgiving ; but any writ of summons, or other pro- ceeding, which, before such proclamation, has been made returnable on a day so fixed, may be returned oh the next following juridical day. {Id. 5854). 3. If the day on which any thing ought to be done in pursuance of the law is a non-juridical day, such thing may be done with like effect on the next following juri- dical day. — This article ap- plies to sales announced to be made by authority of jus- tice. (Id. 5855). 4. Persons present at sit- tings of the courts must re- main uncovered, and in si- lence. 5. All orders given by the court or a sitting judge for der iluring tiie sittings must be instantly obeyed. — The word "judge" useerson who, during the sitting of the couit or of a judge, disturbs order, utters signs of approbation or disapprobation, or refuses to withdraw or to obey the orders of the judge, or the admonitions of the criers or other officers of the court, mav be condemned at once to a fine or imprisonment, or both, according to the dis- cretion of the court or judge. 8. If the disturbance is caused by a person discharg- ing any function before the court, he may, in addition to the punishment imposed in , the preceding article, be sus- ! pended from such function. ; 9. The courts, in all cases brought before them, may, I according to circumstances, : even of their own accord, pronounce orders or repri- mands, and suppress writ- ings, or declire them libel- lous. 10. The court or presiding judge may appoint an inter- preter and allow him a rea- sonable compensation, which iiiiiice of good or- tlie riittiiigs must ly obeyed. — The dgc" used nlone, liis code, or in tlic '., means in like le flii('f-jii!, disturbs order, ns of api)rob!itioii obation, or refuses aw or to obey the the judge, or the ns of the criers or cers of the court, ndeuined at once to imprisonment, or ording to the dis- tlie court or judge, ihe disturbance is a person discharg- "unction before the may, in addition to ;hinent imposed in ling article, be sus- "om such function, courts, in all cases before them, may, f to circumstances, their own accord, e orders or repri- ind suppress writ- declire them llbel- 3 court or presiding y appoint an inter- d allow him a rea- jmpensation, which GKNERAL PHOVISIO-VS. 5 forms part of the costs of the n.ay be Joined i„ the same II. Anycourtoranvjudire hn'Imm';',!.' i''^ ^'"-'' "'' ""^ thereof, may require a.i^ 3 oCiv^eek^'T'*" J, 111,11 uji\ M'fk coinh'm- 'lations of a like when It is deemed necessarv, and may, i„ such case, as Wei as in any case when an oath 13 reiiuired by law, <„• the rules of practice, admi- fl'ster the same. I'i. Whoever seeks to ob- ueoi i, f,?".'.^/^>^'^'-'^'''g'^t which for.i; is denied him, must sue for it beloie the proper court. 13. No person can brinir a suit at law unless he has au interest therein. 14. Xo person can be a par- ty to a suit, either as clai- mant or defendant, iu uny form whatever, unless he has the free e.\ercise of his rijrht.s saving where special pro- visions apply. - Those Ivho iave not the free exercise ot „, . . . ,- ■.■■•■ "iiturc. that tliui joinder IS not jirohibited oy sonje express provision ;;";V'"'^^Kvaresf,sceptib?e of tJie .^^ame mode of trial — A creditor cannot divide his debnor the purpose of suing everal portions of it y ditferent actions. iGVo judicial demand can be adjudicated upc rile^s the party against whom it is made has been heard or dulv siunmoned. ^ 17. The court cannot adju- dicate beyond tlie conclu- .sions of a suit, but it mav 'tduce them and grant them ""ly HI part. 18. A party who brings a suit tor less than he is en titled jing property in Lower Odu;t(iu, may also appear as S"ch ,« judicial proceedings Corporations pleiid corporate t!.'!!!)f ao. in anyjudicial proceed- i.ug It is sufficient that the «. Several causo,„f„e.,o„ i n^t^ pi^ilcu',;? 'f^.^^ CODK OK I'KOCKOURE, PART. I. ]- S. II being necessary, and such statements are interpreted according to tlie meaning of words in ordinary language. HOa. No question as to the constitutionality of any sta- tute of the Province or of the Federal Parliament, shall be raised before the courts of original jurisdiction or of ap- peal, unless the party raising the same shews to the court that he has, at least eight days before the day fixed for the hearing, given to the Attorney-General notice of the question which ho in- tends to raise, with suthcient information to enable him to understand the nature of his pretentions. — Upon such notice, the Attorney-General may intervene in the case, on behalf o*" the Crown, and take issue in writing on such questions, and the judgment of the court, whether it grant or refuse his conclusions, must mention such interven- tion, and such conclusions, on which it renders judg- ment as if the Attorney-Gen- eral were a party to the suit, and a copy of such judgment is forwarded without delay to the said Attorney-General. (/e. S. Q., art. 585G). 31. All provisions and rules concerning procedure are into preted with refer- ence to each other and in such a manner as to give them all the effect intended ; and whenever this code does not contain any provision for enforcing or maintaining some particular right or just I claim, or any rule applica- , ble thereto, any proceeding I adopted which is not incon- sistent with law or the pro- visions of this code is received and held to be valid, 22. No public officer or other person fulfilling any public duty or function can be sued for damages by reason of any act done by him in the exercise of his functions, nor can anv verdict or judgment be rendered against him, un- less notice ofsuch suit has been given him at least one month before the issuing of the writ of summons. — Siich notice must be in writing, it must specify the grounds of tiie action, must be served upon him personally or at his domicile, and must state the name and residence of the plaintiff's attorney or agent. 23. Any party to a suit may appear and plead either in person or through the ministry of an advocate. — Notaries may prepare the pro- ceedings specified in the third part of this code, and submit the same to the judge or to the protonotary, and may even sign in the name of tliV petitioners all petitions ne- cessary for such proceedings. Ui- S. Q., art. 5857). 84. Neither the day of ser- vice nor the terminal day is counted in the delays fixed for summoning.— Delayscon- tinue to run upon Sundays and holidays ; but if a delay expires on a holiday, it is of right extended to the next following day. — The same :f T. I. r any rule applica- to, any proceeding which is not incon- ith law or the pro- r this code is received to be valid. 1 I)ublic officer or raon fulfilling any ity or function can ir damages by reason tdone by him in the )f his functions, nor verdict or judgment •ed against him, un- ze of such suit has in him at least one ifore the issuing of )f summons.— Such list be in writing, it cify the grounds of n, must be served personally or at his and must state the d residence of the s attorney or agent. y party to a suit ar and plead either ti or through the of an advocate. — nay prepare the pro- specified in the third lis code, and submit to the judge or to Dnotary, and may in the name of tlu- s all petitions nc- irsuch proceedings. , art. 5857). ither the day of ser- the terminal day is n the delays fixed jning. — Delayscon- run upon Sundays ays ; but if a delay 1 a holiday, it is of ended to the next day. — The same rule applies to all other de ''lys in procedure. rf.m?i' T!'^"f''^'' " '•^'c<'fd i= mtied from one court to an- her or to a different place, "Jc transmission mav bo ^^"^^•oted through the ^,ost- oftce, and the^)artv rem, . ngUis bound'to'adTce ^ 'e postage to the person «K.\ER.\L PROVI.SIOXS. ""^^^ion ; and for anv eJav -usedbyU.enegU.ctof';,la I au> to pay s„ch postajre hei.deemedtobeinVauItl' ;;;an-.ttedbyanyo?ho'J ^ L J < of the Civil Code an Pb; to this Code—Any conv ^f I'js Code, whether dS^ .////6 oj flower Canada, or as ll}''f-• part ofa,, act insufficient, ; " i« IS iiitelligihie. ' 37. Exceptional i)rovision3 concerning certain matter.' and proceeding.s in the dis- tmt.. of Saguenay, Chicou- t'lni, Gaspe and the Mag- alen Island, are contained Z\^^'17V''A'' '^' «0, 8,'l Stn.nt f ^H Consolidated Statutes for Lower Canada S^ ^^^J'^-'-^!:- 2400, 23.-].3^ 'iG, 2 7.'5I5). 557, 2.308, 7514 and Jl rr- SECOND PART. PROCEDURE BEFORE THE DIFFERENT COURTS. BOOK FIl^ST. SUPERIOR COURT. PREMMIXAKV IPKOVISIOXS. s; 28. The s\ii)i>rior court liiis original jurisdictimi in all suits' or actions wliicli arc not exclusively within the jurisdiction o5' the circuit coiirt or of tiie admiralty ; and in the district of Quebec it lias exclusive orijrinal Ju- risdiction in cases of petition of right. — The judges of tlie sujierior court, at their sit- tings in review, have exclu- sive original jurisdiction to hear and dete'iinine : 1. All motions for new trial or for judgment non otmlante vcre- dicld, in cases in tlie superior court in all the districts of the province ; anil 2. All mo- tions for judgment upon a verdict, or in arrest of judg- ment, in cases in the superior ; court in the districts of Que- : ; more of them, may, from time ' to time, make any rules of practice tliat may be neces- sary for regulating proceed- i ings, in or out of term, in causes and matters hrouglit ; l)efore them whetlier in tlie ; superior or in tlie cir(;uit court, and all other matters of procedure not regulated by this code ; i)rovided such rules be not inconsistent with tlie provisions of this code. — All rules of ]»ractice thus madeby such judges and sign- ed by them, are, without an v oilier formality and imiiie- diately upon receipt thereof, or of a cojiy thereof certified by the prothonotary of the superior court having cus- tody of the original thereof, entered in the registers ol bee and Montreal, (/t*. .S'. (^K, each of the said courts res- art. 5858). pectively,_ at each pli 29. The judges of the su- i where it is held, and h perior court, or any ten or i then full force and effect ice ave III PREMMINAtlY PROVlSlONg. 3 DIFFERENT hem, may, from time iniike any nilos ot lliat may be iieccsi- regulaliug ))roceed- or out of term, in 11(1 matters brought lem Avhetlier iu tlie or in the circuit (1 all other matters dure not regulated i)(ie ; i)rovi(le(l such ot iucon-iistoiit with sions of this code. — 5 of^ ])i'actice tlius ucli judges and sign- m, are, vvithoutany rmality and imnie- poii receipt thereof, ipy thereof certifiecl trothouotary of the court having cus- lie original thereof, n the reglrJtors of lie said courts rcs- , at each place is held, and have force and effect in tiiP district or circuit where It has been so registered — The judges of the superior court, or any ten or more of theni. may also make anv tariffs of fees for examine.^ and other officers appointed by tlie superior court, wln.se salaries are not, bv hi w. fixed f)y tlie lieutenant-governor HI council ; and „ii sucl, tariffs must be proniulgaioi] "1 tlu' manner prescrii)ed by tlie rules of practice. — The Governor in council niay make, mo. ,v u art. 5802). '^■' 436 In any suit brought upon a judgment rendered by a provincial court in any other province of the Domi- n on of Canada, in a .suit i„ ;;h.ch p.-isonal service wa" ado upon the defcndl ' "'thin such other provi,,,', *^''"^vhichinthea's,.n,,oV •7'<;1' porsoual service H i:;''""l'" -'IMH-ared, no 1 1 ' ■ i«-e that might have been .>et up o the original suit ca 'H- made and pleaded t., , . '":;"' ^;"^''',i'Higment.(/,^.) *^c. 1,1 the ca.se of a su t aK'Hnsta.orporation.serv . wuinn such other p,ov.iV : on the olhcers indicate.! in the charter or in the h.vv !"'«1^''' which the cha^ler lias '''•^'" P'anted. or if officer ;7/'u«t be found within iud I ;l'<^r province, service there- j "n on any jierson throutrh I whom hy. the law of'S o tie, proviiH-e, a valid ser- cin lo" 'T^''. ^«'Poration j ' -m be made is he d to be I a personal service to bring tj"-' ca,se under the proW? ^.uns ^of^ U.e preceding a^- ! *-id In any suit brourdit PO'i a judgment rendered hv a provincial court in any other province of the Do- !"""!>!' of Canada, in a suit ;n which the defendant wag ot personally served within Huh other province, or in " lH.di m the absence of pe,-. M)nal service, he did not ap- pear, any defence that micrht ave been set up to the orfg - ;i> '^nit, may he made and : pleaded to the suit upon such 1 judgment. (/,/,). * " "ada, in a suit in •'""I .service was I tlio (lefVn.Iant 1 othor province ^1 -'I valid scr- coipoiiition CHAP. I, OF" SLMMONH. TITLE I. OF THE HiriT. IS CIIAPTEIl I. OK SIMMONS. 4;i. Kverv action before the -upcrini- court is iiistitut- ed by^meaiis ut'awrit ol'sium- mons, in tlie name of the sovereifrn ; savini: tlie excep- tions contained in tiiis code, and other eases provided for by -Special laws. 44. Writs of summons are issued by the prothonotary, upon tlie written recjui.sitiun ot the plaintiff j district.-*, neveral writs must I i-ssue (iiicc-ted in the sjimo ' manner, (/i* .S. (/. art. .5Hti;i). ! 4l». The writ must .state the names, the occuj)ation or (piality and the domiciii- of the pbiintitr, and the namts and actual re.-iidcnee ot the •Itdendant.— In action.s upon bilLs of e.\clianj,'e or promis- sory note.s, or any other private writintrs, whether ne- Kotiahlc or not, it is sulli- eient to ^nve tlie initials of the christian or furit names of the defendant, such as Ih V maybedrawniipi theyare written upon such in he Ffcnc 1 or n »i.,. >,;ii„ „. * . ' . either in the French or in the English language. 4C. They are attested and signed by the prothonotary. 47. The ab.sence of the seal of the court does not inva- lidate the writ bills, notes or instrument. — If the defendant has no dond- eile or ])ernianent residence in this province, the mentioit of hi.s surname alone wilt suffice, if his christian name cannot be obtained, provided 48. having the particular { he be otherwise sufficiently exceptions hereinafter men- 1 designated in the writ, and tioned, writs ot summons that such writ be serveii may be directed to the sheritt'i upon him personally.-When or to any batlittof the .listrict; a corporate body is a party m^^hIch such writ issues, | to the suit, it is 'sufficient to and may be liyhira served in such 0. The causes of action mnst l)e stated in the writ, or in a declaration annexed to it th e court on the day and at i tioned Tl le lormalities nien- the place therein mentioned. ^ and 50 .,, —If there are several defen- i of nullity dants residing in diff'erenti 33 If' in articles 4G, 48, 40 ue required on pain the object of the de- 14 coDK „r ,;,ovKm-m, ,.A,r „, „„„k ,, ,„. ,. the city, towji. villue-e >an.sJ,, or t,.«nsl.ip. ta?t' ^'^,;j,s'f"ntnl. nnd also the Jft'Kis .oMterminous to it IS a body of l,,n,i, ),,„;' ""d"^ a particular „;,„ clock in the afternoon.!!! This provision, however.doea ot apj.ly ,,,,,,, ^f ^^. J (tJ re.yion.lruiliim. nn. Service is effected bv ^:;:;.";j;;"'"!'^''!eiendantJ anl? I ^I'l" '■■'■,'' "* summons, and of the declaration, if' tJiere is one.-The copv n u^f ;e certified either by Jlero Uionotary or bv the attorney for the plaintiff, or bv the 'Sheriff, when the service is to l^e nia.le by him. />7. Service must be made her upon the defendant in 'u.,on, or at his domicile, or he place of his ordinary "sideice, .speaking to a rea- M>nable person befonging't'o of :""'V--.'" t''^- absc^nce of a regular domicile, service dant at his office or place of l^"siness,ifhelmsoiie. the defendant resides in the same domicile with the pia ff he must be served pJrson- ly, unless the court grants riJ'l A ^^^^^'^ are several lefendants, t|.'.y are served n the manner above men- 'oned separately and "d it iinctlj, and a copv of the summons is left wilh each of Jhem, except in the cases hereinafter provided. I ^?- Service upon a ffenerfll jPariiershipmalbenfaT^^^^^ I Its place of business, if it ijas i one, and if it has not u, on one of the partners. ' ' ^ 61 Service upon a joint- stock company n^.av be Cde at Its ofhce, speakinff to n person employed in^ ,',^ch I TIT. I. I, liowever.does rtiiscs of ca///«.-f um. i^ e ) . 65. ('hiirch /iiliriqiies and vestries are served by leaving copies of the summons separ- ately with tliec*/r<' oriector, or person performing his functions in the parish, and with tile then acting church- warden. 66. Service upon masters or captains of ships or other mariners, who have no domi- cile 111 Lower Canada, mav lie made on board the ship they lielong to. speaking to a person in the ship's employ. 67. A wife separated froni bed and hoard must be served separately from her husband. — A wife not separated from bed and board is sufficiently summoned by service made upon her husband. C8. If the defendant has left his domicile in Lower Canada or has never had such \ domicile, but has property tlierein, tlie court or judge, or the piothonotarv, upon a return staling that "he cannot be fount." in the district, may order him to appear within two mouths from the last publication of such order. — The order must be published in the French and English languages, and be twice in- serted in a newspaper pu- blished in each language res- pectively in the district wh^re the court is held ; and in default of either of such news- papers in such district, then It 13 inserted in a similar newspaper of the nearest lo- 16 cooKnP,„onKDi;„B, ,.A„„^30oKi, nr.,. <-»il't/;an(i8uch.M.w.sn;,,u.r« m llu> courl. j,„Il„.. „f TMc- thouoiH ry T|„. onin- ,,,.,..1 not I).. ,,nMisli,.,i ,.,i u-naih but may J.,. i„ til,, luilovvi,,; Form for publirntion l-'istrict of j In thk SiTPKriioR Court. A. B., of (he {doviicUe and occupation), Plaintiff \ vs <^ D., of the {rcHidcncc and occupation)^ f^<'f''iidant, i Tiio defondnnt is oidored to appear within twu months ' E.F, I '*■ 3. c. ! iR. S. Q., art. 58(Jfj). C9. Nevertheless, and with- out prejudice to the mode of suiiir-ons uiention.'.l i,, the preee ling article, when a de- tondant, havin? propi-rty in , tiie province has never had or has no longer >my domicile i thereui, or when the cause I ot action arose in t he province ' and the defendant -LS^ies fn i the DoniuHoii of Canada, the Ji'^^ge r.r the pro.hn„nta.-v i upon p„ . of the facV'bVi affidavn c. ',r- w.so, may- 1 grant lea /ev^.,,etu',wr,•iti lofiiimmonsat the domicile of tl'" ^'X'ndanf.andsuchleure i^einforsedin writinirbvhim. "Pon the writ, whtch- may then he served l)v any l.ailiff "|a fonrt ..f suporinr juris- diction in the place in which the si.rviee is to !>.■ made or Huy literate person, either of whom makes an alli lavit of S'Tviee. sworn to hofure anv J'l^Uee of 11,0 p,.,^,.^. ,,„y.,j^ jjinsdictioninthepjacewhere the service was made, ,„• h,,. fore a commission n.r of the siipenorcourtforthel'rovince • o.J.^iel.eeorl,yai.ybailifrof vince. (/,/., art. 5stj7) !m™;be'''i;;:;i:',:o„J;rt"r;! 71- -A summons cannot on Pai" of nullity, be served i:i church, nor in court, no • , M'on a member of the effis- I ^iture upon the tioor of the j House. j 7'v. A -summons may be served at any domicile eLct- I ed^by the party for such pu,. I 'noned to appear upon anv day in the vear other thaS p bunday or holiday. 74. Bihlitfs cannot mak- ervices in cases in whf'-. hey are interested, noi in ti.ose which conce-n thek relations by birth or affinTty tothe degree of cousin-"pi mail laclusiveiy. ^"" 75. In ordinary cases the delay upon summons is tea intermediate days between % t the tioiniciloof . and Hiu;li luuee writiii^rhyhini, '') whicli may I li.v any (.(uliif •' f'liriitf. flii' f lay is tliree (Jays. In suits between lessors and lessees the delay ujioii sum- mons is one day only. — Whi'H the Instance " exceeds five leagues the delay is increased one day for each additional five lea. The court may grant leave to amend any error in the return. •'H.M'TKK n. OK TIIK UETIK.V. 81. Kveiy writ ofsummoii.4 and every writ of capias or attachment, must be filed in the ofhce of the clerk, on or before the day on which tiio defendant is therein sum- moned to appear, or upon the fie.xt following jiuidical day in the cast! of article 3. H'i- If the writ is not re- I turned, us hereiualiove pro- I videil, the defendant may obtain the benefit of adelanU a^'ainst the plaintiff, and be discharged from the .suit, with costs, upon filing the copy of the writserveil upon him. SECTION I. OF APPKAHANCK. 83. The defendant, when duly -nmmoued, must appear, eithei in i)erson or by attor- ney iiid must filea"writien appearance in tl, office of the clerk of the court on thi' day fixed, or on the next follow- ing juridical day. SE(?TI0N' II. OK ELECTION OF DOMICILE. 84. Every party appearing :n person is held, by reason 18 COI.K OK I'llOCKOUliK, I'ART H, HOOK I, TIT. I. of such appearance, to have elected domicile in the office ofthe prothonotary in which his appearance in filed. — Whenever one of the parties has, since the commencement of the suit, left the province, or has no domicile there- in, all orders, rules, notices or other proceedings, may be served upon him at the pro- thonotary'.s- office, as being his legal domicile, provided the sheriff or biiiliff alleges in his return that he has made fruitless enileavours to find him, and that, to the best of his belief, he is not within the limits ofthe province. (A'. 5. Q., art. 58G8). 85. Advocates and attor- neys are bound to elect domi- cile within a distance of one mile from the building in which the court is held, and to have the same, as well as any subsequent change there- of, registered in the protlio- notary's office, in the register kep^ for that purpose. — In aefault of making such elec- tion of domicile, or of regis- tering the same or any chan- ge thereof, such attorneys are held to have elected domi- cile at the prothonotarv's office, where all services upon them may be validly made. •■al day, must enter a default, against him, and the plain- tiff, U})oii obtaining a certifi- cate of such entry, may pro- ceed to judfTinent ex parte. 87. Notwithstanding the entry of such default, the defendant may, at any time i before judgment, upon spe- ^ cial application and sufficient cause shown, be relieved from it, upon such conditions as the court may thirk proper to impose. 88. This application must be served upon the plaintiff at least one clear day before it is presented. SECTIOX IV. OP Jl'DOMKNT BY DKKAtJLT fOK NOX-AI'l'KARANCE. SECTION III. OP NON-APPEARANCK. 86. If the defendant does not appear within the delays prescribed, the prothonotary, on the ne.xt following juridi- 89. If, in any action found- ; ed upon a bill of exchange, : promissory note, cedule, che- ; que, act or private-writing, I the defendant fail to appear I or to i)lead, judgment mav i be rendered out of term upoii : the written application ofthe I plaintiff, without its being necessary to prove the signa- tures to such documents, or to make any other proof. 90. Judgment may be ren- dered in the same"^ manner when the action is founded upon an authentic document. 91. In actions founded upon verbal agreements to pay specific .sums of money, or upon detailed accounts, or for goods sold and delivered, or for monejr lent, judgment may likewise be rendered I I OK I, TIT. I. nust enter a defatilt, im, and the plnin- obtaining a certifi- cli entry, may pro- (Jgnient ex parte. witlistanding the such .rt, the whole or any pu t f tl ^ and establishing that, to the -' ' — ^ I''"."" i'"- kiiowledge of the ileponeiit, the amount claimed is due by the defendant to the plain- tiff". The judge in term has tlie ,=iame powers as the pro- thonotary respecting the ren- dering of judgments upon the i)laintiff's affidavit, in the cases speciffed in this article (A*. S. (J., art. .")8G!)). • lemaud. — The confession must be signed by the defen- dant, or be made bv his ■special attorney, whose jxjwer ofattoruey.in authentic form, must be filed with such con- fession. 95. If the person who ap- pears as defendant, in order to confess judgment, is un- known to the prothonotarv, the latter must require hiin i in. In every such case,. -- .....at .f,,,ure nmi ' the prothonotary in vacation, M" produce tiie copv of the i or m term, upon the case -^""nuuns, or to procure the being inscribed forjudgment. ' •■ounter-signature of an at- dinwg up a judgment, in the toriiey-at-law. uanie of the court, conform- j »«• If the i)laintifr accepts ably to the demand and to I s''^-''' confession, he mav in- the amount which ajipea is ! «<"i"i'ji-' t lie ca.se forthwitii for to be due; and such judg- ' judgment, and the prothono- iiient is held to be the judg- \ tary draws up, in conformitv ment of the court, and is re-' "^^'ith such confession, a judtr- recorde.I accordingly. (A/., I ment, which is held to be the '"'^- •'*^70). ; judgment of the court, and 03. The plaintiff raav, at ' "* 'V.^'-"'*'^''^ and executed ac- any time before exec u tin .r^,'^''''"!>^'':>'- 1'i'<-' judgment •«uch judgment, renounce the ".'" - '•'"'i^^'" "P need not nien- ■■^ame, and. upon filing with ['•'". '"^ P''t'sence of a judge. the prothonotarv his renun '•lation in writing, he may proceed in the ordinary f same man but it must contain a recital of the confession as it was ffiven, and uf the inscriptiou , " ....M.,..-i ii.^ifit y ^"'^' plaintiff, and lastly had not been rendered; he I condemnation, in the must, however, bear the costs ' "i^™*^' "^ V"' ^o"''*> against of such Judgment. * '" ' ' the defend i 07. If tl ant. le confession of 20 CODK OK I'ROCKDfUK, PAUT II, liUOK I, TIT. X. jiulginoiit i.-! not aoccjjiiMl, tlic plaiiititr must jfivL' tlio ilcft'iiilaiit ncticc to tliiit ell'ect, and, uftrr.sucli notice, the case is procecdofl with in the ordinaiv conrsc : and, if the idaintili" doi'.s lujt . The prothonotary can- not receive any exibit in j blank, nor any listofexhi- ' bits in which tiie desij^niation ; of any exhibit is not liled up. 106. If the exhibits in sup- port of the demand have not been liled on the return day, they cannot be liled after- wards without giving- notice to the opjiosite party ; saving the provisions of article 100. CHAPTER III. OK CONTESTATION. ! SECTIOX I. (iENEUAL PnoVLSlOXS. 107. All declinatory and I dilatory exceptions, and ex- ■JU, I, TIT. r. nt of till- ofllcp, un- ipiisitc ])art_v oon- i receipt is jfiven. y peitiuii ill possef- ;j(.' lime lit lili'd and lit of a rccnid, or en or received it, iiiotioii, bf coer- piisoiimeiit, lu re- inc, wiiliDiil pre- liis liiil)ility for itil the oxliibits tiled in tiu! nian- nhovo [)rescribed, II' can Mot iiroceed ■iiiiind. ■ry exhiliit lilod in •uraes comuioii to irties to tlie suit, liiy ohiaiu copies m tlie proiliouo- g- as it leuiaiua in prothonotaiy can- t' ail}' exiliit ill • any list of exhi- cli llie desii,Miatioii ibit is not lilcd up. lie exhilnto in su['- dcniaad liiivo not jn the rotuiii day, ot be tiled after- lont giving notice site party; saving ions of article 100. PTER lil. )NTKSTATIO^f. CTION I. lL I'novisioxs. declinatory and cceptious, and ox- chap, in, OK rO.NTESTATlO.V. c^'ption?; to the form, wliich ilie (iefendant intends to plead, must be filed within four days from tlie return of the writ, except in the case mentioned in article 121. 108. Tliej)liiintitris bound to answer any such excep- tion within eight days after it is filed ; excepting"^ where he IS himself obligeil t(. call ' in warrantors ; the delav ' then begins onlv from the ' expiration of the delays to wliK'h such warrantor's are entitled to answer the de- 1 luand brt !.;'it against them ' 109. The defendant, when ' leis :M!titleyag is fi^ed by the rules' Jt practice of the court. ; 21 si:cTio.v ir. OK DKCM.VATOUV KXCKPTIOVS. 113 When a declinat(,ry oxception. i,1(m1 by the de- fendant IS maintained, the parties must be dismissed saving their recourse before a Competent court. 114. The narties must also be dismissed by the court even though no such exceni tion has been ph.ided. if the action IS manifestly beyond tlie lurisdiction of the court . ^y'' The court, in declar- '"S Itself incomi)etent, may award costs, ■• circumstances. according to SECTION III. OK KXCKI'TIO.V TO TlIK FORM. •, lir>. The following grounds ■ I i"'ist be pleaded by exception ! to the form:— 1. Informalities . "1 the writ or service • _ 2 ; 1/ilormalities in the declaral tion wlien It contravenes the provisions (H)ntained in arti- , t'les 14, 10, 50, r.J nnd .5(J. 117. The plaintitr, upon an : exception to the form as well I as at any oth.-r time before .I'ldgnient. may, by leave of i the court, amend 'eitiKit. the "■rit or the declaration, on payment of such costs as the court aetermines. n«. If the copy of the writ or of the de(daraiion is incor- rect, or different from the original, the plaintilf may, upon leave of the court and on payment of costs, furnish 22 CODK OF PROOKDIUK, PART II, ROOK I, TIT. I. the defendant with a correct copy. 119. XiiUitios in tlie writ or service, and informalities in tlie declaration, are waived hy the ai)i)oarance of the de- fendant and hi?; failure to lake a- to the merits, obtained afjainst him under article 131, is without effect ; but he is hound to file his pleas to the merits within eight days after the expira- tion of the delays granted upon his cxceittion, and, in default of iiis so doing, the foreclosure holds good. — If, upon being required to do so by the jihnntiff. the defen- dant has pleaded to the mer- its, he may. after the judg- ment main iaininghis dilatory exce])tiou, and within eight days. amend his pleas or plead | otheiwiso. mustbe fi'ledwith- anew, without thereby in- | in eight days after the ap- curring any costs ; in default j pearance, e.vcept in the cases of his doing so he is presumed | otherwise provided for in the to abide by the pleas filed. j preceding section. — If they 134. "When the object of ; are not filed within such de- the dilatoiy exception main- I lay, the adverse party may taincd is tiie calling in of | demand them, and if they aie OF Tuv: SECTIOX V. CONTKST.\TIO\ THK MKRITS. UPON 130. The defendant may plead by peremptory exce])- tion: — l". 7.?> pendeml—'l. The non-comi)letion of the time, or the non-fulfilment of the condition u])on Avhich tlie right of action depends : — .3. The extinction, in whole or in part, of the right claimed by the jilaintiff. 137. All pleas to theraerits, whether by exception or varrantois. the defendant in tlie principal suit cannot be foreclosed from pier ling un- j prothonotary may grant the not filed within the three next following juridical days, the OK I, TIT. I. tlie ex])iration of k's, count ill",' from n which the war- )iild hiiiiHclf have closod from plcad- actioti in Avarrunty. runtorniav, within •3 prantod to the ', ])loa(l to the ac- uplit apainst tlu' ctlicr the warrantee ly pleaded to it or •onnds of prelimi- ption may, in cer- . he iir certificate of fore- '■{(Ksure. l.'JS. The same delay of eitrht iliiys is allowed' llie t)liiintilf to answer the pleu- uuless such answer is in the nature of a dedinatoiv • '" dilatory plea, or (jf uii e\-ceptu)u to tile fonn, in which cases the dclav is f.uir divs only, pursuant to ar- ticle 1U7. l-'Jl>. A like delay of eii-ht days is allowed for' the lilTii-v -2 and 'Xi. 144. Si) particiilur form of \vords is required in any pleading; but every fact, th« existence or truth of which -o^foiur tneliinig existence or truth' of which er jWc^u lug neces- ,s not expressly deni:;d o i ^i me" > '!^.:"::!':^; 'i'rr' }^> be 'unknown, i, tiared to tje unkiunyii, held to be admitted. 145. Kvery denial of a sig- I nature to a bill of exchange, promissory note, or other private writing or document upon which any claim is loiinded, must be accom- panied with an aftidavit of the party making the .leuial, Of ot some person acting ad his agent or clerk, and co, gni.sant of the facts in such capacity, that such instrij- inent or some material part ■^ary to complete the issues. 140. After the expiration ot these delays, the part v lail- 'ug to hie .1 i)loading"is by- law torecloscd from doing s(), without the con.senl ot^the party, or leave of court. 141. Such foreclosure does iH»t, however, take place \Mlhout an order from the court if the opposite partv has not tiled with his plea,{- Jug, in the manner prescribed, tli(^ exhibits or written proofs rrpiSci^^ig"?^ i;;^;^ "-'^'j i ^'ariiis'^i-nitrr^^ ulteu^s ^'n^ ^v'n;;;:; i^'''',"" ^^ -locumentis the consent of tb ;^'^''H''t j ^'''-gt^J- or, in the case of a partyriTavfo CO Tt^'^^^'r!"'^^ ^^' ''''^ ^^ cation, extend the delay for filing such exhibits or vvrit- 'en proofs. 14a. When an amendment ot any p eading has been al- lowed, the ('pI-h- f _ »y-a. L!ie ucici} to answer l^uch pleading is reckoned, i according to the foregoinc^ j7le3,tronithedayon whicii the amendment is made and I 0-7 ^...vu iin^ m;i-i;BSliry protest, notice and service have not been regularly made, stating in what the irregularity consists ; with- out prejudice, however, to the recourse of such partv by iniprubatioa.— lu the case of promissory notes, or bills of exchange payai)le at a parti- cular place, they are presum- ed, as against the maker or ■•iStSK^ '•'%' hi 26 CODK OK PUOCEDl-HK. I'AUT II, I»>'>K I, TIT. I. i ! Hi acceptor, to liave been pre- sented at that place at matu- rity, iniles:^ the exception founded upon such want ot presentation is accompanied with an atlidavit that, at tiie time thev became due, pro- vision had been made for their payment at tlie specihed place. The denial of any do- cument specified in article 1220 of the Civil Code must be accompanied by the giving,' of security for the costs ot the commission required to obtain the proof of such do- cument. In the cases of pa-, ragraphs 5 and 6 of the same article, the denial of the on- 1 crinal deposited must, more- over, be accompanied by an affidavit of the party makinj,^ the denial, statinj^- that he doubts and does not believe that the original in ([uestion has bei-i. signed by the per- son, ore.Kecuted m the m^an- ner therein mentioned. The party wishing to make use of the copy filed is then bound to prove the original, and for this purpose the per- son who has charge of the original is bound, upon the order of a judge, to deposit it In the court in Avhich its genuineness is contested : and the prothonotary is bound to furnish him, at the expense of the contesting party, with a copy thereot certified bv such prothono- tary.— The original, the ge- nuineness of which IS thus denied, may be annexed to the commission required to obtain its proof. 140. Wlien a party haa pleaded incompatible or con- tradictory grounds in the same plea, lie may be requir- ed bv the opposite party to choose Itetween such grounds or plead anew, and in de- fault, of such choice the in- compatii)le ground?: are held to be of no etfect and are set aside. 14T. A demurrer may be pleaded, when the facts alleg- ed in the declaration do not give rise to the right of ac- tion whicii the plaintiff seeks to exercise SECTION VI. OF ISSCE JOINED. 148. The issues are com- pleted ; — 1 • By declaration, pleas and replications, it there are no perpetual excep- tion ;_2. By declaration, ex- ceptions, answers to excep- tions, and replications to answers, if the answers con- tain facts that are not alleg- ed in the declaration ; — ::. J| Thev are also held to be completed by foreclosure from filing, or by failure to file answers or replications. — Xevertheless, if the pro- ceedings secondly enumer- ated are not sufficient to ful- ly set out the grounds of t\v: liarties, the court may grant leave to file further plead- ! iiisrs. K 1, TIT. I. lien a party haa coinpati^iU' or «^on- prourid'^ in tlu' , hv nmy '>o reciuir- opposUc i)arty to ween sncli grounds anew, and in de- sucli choice the in- e oroiind:-: are held :) etlect and are set demurrer may be ^hen the factjialleg- declaration do not to the right of ac- h the plaintiff seeks XTION VI. ISSDK JOINED. niAP. IV, OF INCIDENTS. 27 he issues are coni- ■ 1. By declaratioii. id replications, it no perpetual excep- By declaration, ex- answers to excep- id replications tu if the answers con- i that are not aUe<:- e declaration ; — :;. e also held to be :d by foreclosure ng, or by failure to ers or replication:- heless, if the pro- secondly enumer not sufficient to ful t the grounds of the the court may grant > tile further pleaci rilAPTEIi IV. OK INCIDENTS. SECTIOX I. OK IS'CIDENTAL DEMANDS. 149. The plaintiff may, in tlic course of the suit, limke an incidental demand:—]. In order to add to the princi- 'tal demand something he ! Jias omitted to include in it; —2. In order to claim a right accrued since the servict^of tlic principal suit and con- JU'Cted with the right claim- fd by such suit ;— :5. In order to dcraayd something which hv requires for the purpose of avoiding a ground of defence set up by the defendant. 150. This incidental de- piand is made bv a petition •ccompanied by the docu- Uients in support thereof, »nd served upon the opposite party. isi. The defendant mav Set up by incidental demand |ny claim of his arising out m the same causes as the Sruicipal demand, and which e cannot plead by exctJp- |on.- When the principal emand is for the payment a sum of money, the'defen- int may also make an inci- Pntal demand upon any laim for money arising out I other causes : but suph an icidental demand is distinct Dm and cannot retard the fincipal action.— The court i Jhenever it renders iudg- Bfnt upon both demands f ' the same time, may order compen.-^ation, if the case ad- rait.s of it. 153. Incidental demands oy the defendant are like- I wise made by petition, ac- I companied by the documents j in sunport thereof, and served and fifed at the same time as the pleas to the merits. . 153. Issue is joined upon incidental demands in the same manner as upon the principal demand, and their contestation is subject to the same rules, delays and fore- closures. SECTION II. OK INTERVENTIONS. 154. Every person interest- ed in the event of a pending suit IS entitled to be admitted a party thereto, in order to maintain his rights. 155 An intervention is formed by a petition, con- taining the grounds Avhich justify the party in interven- ing, with conclusions to that ertect, and must be accom- panied with the exhibits in support thereof. 156. The demand in inter- vention may be made in court or filed in the protho- notary's office ; but it cannot stay proceedings upon the principal demand unless it i.'^ allowed by the Court, or by a juuge in vacation, upon application made at any time before judgment in the cause. 157. When the interven- tion 13 allowed by the court 28 C<)UK or I'ROrEDURK, I'AIIT II, T.OOK I, TIT. I. or jiulKe, the suit is susiu'iid- rtl (iurinK three day^^ ; ami it the itilerveiiin^^ party fails within that period to have it servc'l upon the parties in the case and to tile a certili- cate ot such service, it is j held not to have been filed | and has no effect; and the \ tiling? of the prothonotary's j eertitieate of such defaultis i equivalent to a judgment dis- j missing' the intervention. ! 158. If the demand in in- ! ' tervention is served within the delav prescribed, the par- ties to tl'ie suit are bound to answer it within eight days after such service, in default of whicii the inlervcntioii is held thenceforward to be admitted by the parties who have not contested it. The intervening party is bound, within eight days from the admission ot his interven- tion, to furnish any groumls he may have to set up in the principal suit.— The subse- quent proceedings are the same as in an ordinary suit. SECTION III. OF IMPROHATION. 159. Besides the action ot improbatiou which may be brought as a principal and direct action, any party in a suit may proceed by iinpro- bation against any autheiilic document produced by the opposite party, and even against a return of the sheriff or of any other judicial offi- cer.— Nevertheless as regards simple service of summons or of notice, the return may be (•(untested on motion, with- out an improbatiou, unless the ('ourt otherwise orders.— If the contestation be deemed frivolous theeonlesting par- tv may be condemned to pay d'oul)re costs. — The court niav, according to circum- staiices, grant leavt- to amend the return, by supplying any I omissions or correcting any ! errors therein which might be grounds of improbation. ICO. A party miiy als(,> nro- 1 ceed bv improbatiou against anv document filed by him- .sel'f, and which he is seeking,' to have delared i^'ll. 1(>1. Incident:;! improba- » tion is begun by a petition. ' praving that the party tie al- lowed to proceed by impro- bation against the .document therein designated, and that the opposite ])arty lie held to declare whether he inti'ud; I to make use of such docu- ment.— The petition must, under pain of nullity: I't' signed bv the party him.sell, or'bv his attorney under a specfal power filed with tlu petition. IG'i. The ])etition must be served upon the oppositr party before it is present t-d, 163. The petition must be accomiianied by a deposit in the prothonotarv's ofticc ota sum fixed by the court, u meet the costs tobeincuru'd, in whole or in part, in tlif event of the improbatiO!? I being dismissed. I ici. Improbation may b"^ jon pai fliy th ,|toriie,\ #0 tlia ge ) lemanc |cs, on [lent, a 1, irr. I. ici; of snminnnsor he roluni may lie ftn motion, witli- probalioii, unless lliLTwise cnlers. — t!>tation bedtH'meil he conlci^tin-^f par- coiuk'mneil lo pay st:^. — The court irding to circtim- autU'iivi- to amend by supplying,' aii> or' coneetiiig any rein whicli mij^lit Is (if iniprobation. [)arty may also nro- 1 probation againsr iient tiled by liim- vhich he is seeking dared V'W- icident:il improba- ; gnu by a petition. :i'iit the i)aity be al- proceed by iniiu-o- ainst the .document ■si^niated, atid that ite ])arty be held te k-helhor' he intend; use of such docu- :iic petition must, lin of nuUityr 1"' • the party him.self. s attorney under a ower filed with thf he petition must 1h ipon the oppositi ore it is preseuteii. he petition must be nieil by a deposit in lonotary's oftice ota. d by the court, t- costs to be incurred, or in part, in thf^ if the improbatioaj smissed. mnrobation may m ( Il.U'. I\ <'f ;.NC!ii;;.\T.- 29 begun at any stage of the of if ■lit until the closing of the in th evidence ami oven utter- at the .,ii,r necessary, be (le[)osite(l e |i;otlioMf)tarv's (dfiee, wards before judgment proofthat the fal.Mtv w ascertained uiitil iifter deuce w ceedinga in the nee nl tjie party - "I""> who relies upon it. and that as not the parties in charge thereof IS closed.— All p evi- be compelled, by all leeal Jiriiici '•o- means, to deposit it pal suit are suspended until ti improbation is adjudicated upon, K;.".. Tlie o]>posite partv mnst declare wiiether or not lie intend.- to make use ol the ! document impugned, iuid tile in the prothoiiotary's (dlice a [precise ileclarutioii to that |ellect, previously serv.nl uoom 1 lie plaint i(f in iniproliatiun. ]— Ttie declaration must also, Jon pain of nullitv, be sii-ned |)',\ the party, or bv iiLs at- ;;?torney under a special power m" tliat effect fiK.d with the »'d It, it is also declared 1«7. If the defendant in njirobation declares that he 1 tends to make use of the |ocument, the court, or a idge m vacation, upon the lemand of either of the par- ies, orders that such docu- ment, and the original there- UiH. As soon as the docn- nieiit impugned has been de- iMisited JM the office of the prdthoiiotary. he procceils to r ,ny order, oorpora- mniunity. which is » the pnit, or the )rary tutor, subro- '. or curator, or ther of the parties : has anv interest iti itlier of the partie?. udpe is disqualified prested in the suit, sonally, or on ac- his wife, or if hi? in separated from roperty, isinterest- uit. judpe who is liablo ised cannot refusi' he case until after Glared the ground? ion that may be in- ainst him and the I ordered that hf t sit. ny judfre who '\' % ground of recusn- hich he is liable, i- thout waitinprunti: ced, to make a writ- iration of it to be le record. \.ny party to a sni' vnre of a fjround o: n against a judge, i- niake it known a; :, comes to his know- fter the declaration dge or of one of tli* he party desirous o niAl'. IV, OK INCIDKNTrt. 31 recusmg the iudpe is bound forthwith transmitted to such to do so witliin eiv'lit tlays place bv the prothonotnrv. tioni the service of such de- 1«g. 'it tiie recusing jmrtv ciaration ; after which he lias no written proof in sun'- caniiotdoso, uniessthccourt. , port of his recusation, the for sutiicieni reasons, has ex- ludge's dedanif tended the dolav. 1011 is c(tn- 18'. elusive, and the recusing If ni) declaration as party cannot produ fthove mentioned, has been , test iiuonv, nor even oijtui made, tlie judge may be re- delay to produ ce oral n . Disavowal is made by filinu; a declaration, in the office of the prothonotiiry of the court before wliich the case is pending, that the pai'ty disavows the act in question, as never having authorized the same. 190. The jiarty tlisavowing is bound to proceed without delay to have the disavowal declared valid, and this is done by a petition served up- on both the attorney or his heirs, and the ojjposite party. 197. After notice of the disavowal has been given, oil proceedings in the princi- pal action are stayed. 198. The jirocedure upon the disavowal is the same as in ordinary suits. 199. If the disavowal is maintained, theacts disavow- ed are annulled, .and the parties are jdaceti in the same position as they were in at the time that the acts we.x done. SECTIOX VI. OK CIIANOK OK ATTOR.MCV.S. '^00. If the case has no' been heard uitoii the merits, all proceedings had or judg- ments rendered since the death of tile attorney of oii' of the ])artie3, or when suci attorney can no longer act. (»r has withdrawn, are null, unless such ])arty lias ai>- peared in person, or appoint - ed another attorney, or afte being called u])on to do so. has made default. 301. An attorney who de- sires, of his own accord, t' cease representing a party, must give notice to sue! party and to the opposit party. 3()3. If the attorney of oiv of the parties ceases to actii such, either in consequence of lieing appointetl to a pul - ; lie office incompatible witi, his profession, or of siispen- I sion or death, tlie opposit I p.irtywhen represented by it j attorney at law, is suHicient- I ly informed without furtlu notice. 30o. When one of the pa;- ' ties ceases to be representeu : before the case is submittdi I to the consideration of tin I court, the opposite part;. "Sb riK I, TIT. I. ;' tlio disavowal i.-; :;(1, tlieacts disavow- iiuiiuUcd, and lln- idaced in the sauu: as they were in at that tlie acts weix ACTION" YI. ,(;k ok attornkys. f the case has no' d upon the merits, 'dinijj.s had or judf;- endered since thi tiie attorney of oiir rties, or when siiei can no Ioniser act . ithdrawn, are null, icii ])arty lias ap- lierson, or appoint - .'r attorney, or af'te. led ui)on to do so. default. in attorney who de- his own accord, t- )re3enting a party. VQ notice to sue! d to the opposit' ' the attorney of onr rtics ceases to act a~ her in consequencij a])pointed to a pnb- incompatihle "withli 5sion, or of suspen- f death, tlie oi)posit" M en represented by ai; 4^ at law, is suHicieni- a led without furthc: riicu one of the par- ^ •s to be representeii " le case is subniittcii onsideration of tin 1 lie opposite part} CHAP. V, OK AnTICUr.ATIO.NS OF JACTS. 3.-5 : vnu^t notify him to appoint ft allot her attorney. 304. If thede(iendantt]lero- ^ upon fails to appoint anotlier attorney or to aii[)ear in per- son, the plaintiff may pro- ceed with the suit rx' fxtrte. If the plaintiff is the party thus in default he may be iion-.suited. ■^(»."i. A ])arty's revocation <'f tile powers of his attorney will iKjt lie received unless he pays him his fees and dis- bursements, taxed after hear- ing- or notice given to the party. 'JOG. A party who revokes the powers of his attorney must immediately appoin't ^lUdther. without being noti- fi''d to that effect by the op- j posite party, and in default ot his doing so the case may be i)r()ceeded with as provid- ed in article 204. ' CHAPTER V. uttirig thorn, o Hit he (h)os not in vail Iiirnself of tin and noon his S( CllAI'. VI, OF TUIAI,. 3? SI-CTIO.V III. OK Pijoors. or npou such do- M ^ ^'-^^ mscripUon /or proof. bein.s?' made, tlie lot take cojrnizancc iswers, wliicii arc hfld not to havi- 11. le answer of any a (inestiou put to be (liviih'd in thi' ca.se^, according to nces and the dis- ^ tlie court : — 1. jntains facts wliich x,n to te issue ; — !ie part of the an- :ti'd to is improba- alidated by indica- iiiid or of bad faith, itrary evidence ; — he facts contained wers have no con- itli eacli other, le expense of intei- upoii articulated s part of the cost.'^ i and is subject to ions of article 478. art, .5875). ly party on bein^^ h a rule to answer :)rics upon articu- , may demand the funds to pay his .expenses; but when e the court he can- to be paid before II or before answer- las a right to have es taxed, and sucii lay be enforr"d by against the oppo'- 'ZM. When the caso is not to be tried by a jury, either of the })arties may inscribe it upon the roll for" the lulduc- tion of evidence.— It iMiiiiot, however, be so inscribed Ik- fore the expiration of tiie tiiree days allowed for filing answeis to the articulations of facts of the j)arties. — |i' there be no a.'ticnbition of lacts and the case is sus- ceptible of trial by jury, the insciiption cannot tuke'plac,. until live days after issue! joined. _ 23.-». Notice of the inscrip- i tlon must be given to the i opposite party, at least eigjit I days betbre tliat tixed tor the i proof. I «3G. The evidence is taken ! down in writing, either at i length or in notes, according ' to the provisions contained ' in this section. 337. For the ]mrpose of such inscriptions, the protljo- notary must keep a roll on which the cases set down for proof are inscribed. «38. Saving the exceptions liereinnfter mentioned, in each district of the province, the judge may, from time to: time, by a rule of practice i proiiiulgated in ojten court, i set apart such days in or out ! ot term as may be deeineil eon- ! veil lent for proceeding to ' liu-oof. (A'. ^'. C^>.,art. 5870). I •438a. In tiie districts of Montreal, Three-Rivers, St. Francis, and St. Ilvacintlie, every juridical dav is a day I tor proof sittings.'— In the j districts of Three-Rivers, St Francis and St. Ilvacintlie, ! however, and in {he other I districts to which this article ' may be made apidicable by ! proclamation of the Lieute- ! nant-Governor. the superior I couit cannot sit iluring the i days fixed for the terms of I the circuit court of the dis- trict. (/,/.). I 3386. Ill the district of i Quebec, except the first five ;uri(liciil days, the five juri- dical days following the fif- tccnih, and the last four juri- dical days of each month, i'll .lui'idical^ days are days in which the superior court is hehl tor |)roof sittings. {Id.). 338c. In the di.strict of Ot- tawa, with the ex;-eption of the days upon which the terms (jf the superior and cir- vny., pa,.,' u, nooK /, rrr. r. I ii^'if must return an am.lavit. of »^5jy-vico. (/... .V. ,,., ,U.. -4J>. Any witness, (inly suinmuned,who,\vitliont8ui- Jcient can.se, fails to atten.i at the place -md time an, pointed, ,nay, npon a ,„le served „po„ i,i,„^ i,^. ,,,,,j. \\ ■ pe examined as a witness, and I IS bound to answer, unde'- ' the same penalties as if he ' had been regularly snmmon- 351. Any party to a suit may be subpciniaod, examin- ed, cross-examined.. and treat- ed as any other witness: but lis evidence cannot avail , hnnself; the adverse party I may however declare, before h« closes his proof, that he does not intend to avail him- I self of his testimony, and in such case it is deemed not to have been given.— The an- swers given by a party thus I'xanuned as a witness may '<.y used as a commencement of proot in writing. ■i'>hi. The parties ma v. as soon as the pleas are filJcl be examined as witnesses upon I the facts in issue as then joined. (/,'. X. ^_>., ,i,.t. 537,,)_ 'i>;i. RelatKMHhip, or con- nection by mariage, except ; that between c )nsorts, and ! interest, are not objections to lie competency of a witness, but only to bis credibility.-l •Nevertheless if consorts' are separated as to pror)ertv, and one of them, as agent, has iidministered pro[)erty be- , '"'lining to the other, the con- I sort who has so administered ' may be examined as a wit- , ness 111 relation to any fact I connected with such adminis- jtration: provided the court lor judge shall, in view ot the 1 ciieumstances of the case ! deem it just and advisable to order such examination.— Whenever such examination is allowed,itslialI be as unres- tricted as would have been that of the other consort, whether as regards the ad- missibility of verbal evidence or otherwise.— Upon the im- ssssai iiK I, TIT. I. iibpcriiaod, cxaniin- L'X.imiiied/iiiKl tivat- ■ ollior witiK'ss : but inre cjiniiot avail tlie adverse party i'\'or declai'c. befcnr Ills proof, that he ntoiid to aviiil hini- testiuioriy, and in It is dt'cnicd not to 1 given.— The an- en by a party thus ns a wilne^s may i M foininenceraen'r 1 writiuLT- lie |)artie.s ma v. as e pleas are fi|j(i bo UH witnesses upon ^111 issne as then ;•>'• ^.''m art. 5871)). lation^hip, or con- f mariage, except Jen onsorts, and e not objections to t'ucy of a witness, ' l.'is credibility. 53 if consorts' are ■s to proiHTtv, and 11, as agent, has "1 property be- ;ne other, the con- is so administered imined as a wit- ition to any tact 'ithsucha(huinis- )vidod the court ill, in view ot the es of the case, !t and advisable h examination. — iK'h examination shall beasnnres- oiild have been other consort, regards the ad- ' verbal evidence —Upon the im- cnw VI, or timal. htrobation of an anthetitic [deed, the testimony of tiie notarie.^, attesting witnesses [or other functionaries who i witnessed the deed, may be " received. {Id., art. 5880)"; '-i'jS. If the person to I)e siiniinoned as a witness is in prison, the party reqniring turn may. upon petition, ob" tain A writ of Italiiun^ oi-ih/s //./ trsiijicantliiin, ordeiinir i|„. '.i.iojer to briuf,' him l)efore the court to give his evidence. v^ ?,.—()/ the examinatiun of icituensi'S. 'ir>\. Any party raav de- mand that duiingthe exami- nation of any witness, tlie other witnesses should i)e out of the room in which the examination is taken. 35.5. Before the deposition of a witness can l)e taken, he must swear before the judge or the ])rotlionotary to tell the truth, or, in the'case of a Quaker, the word '' .-iwear " is replaced bv the words solemnly, sincerely, and truly (ieclare and affirm." ar.c. The form of oath and the manner of taking it may .a '• ■'■ ' according to the 41 be Change! ^religious creed of the wit- ness, in such a manner, how- lever, as to bind him to de- clare nothing but the truth. 257. Any witness refusing to take the oath or uffiniu- I tion IS deemed to refuiie to give evidence. 258. A witness who is j r''c^ent cannot refuse to give evidence, under pretext that the necessary amount to de- ray his travelling expenses has not been paid to him. «.-.!>. liefoi-e the witness is admitted to be sworn ho may be examined by either of the parties as to his religiou.s belief ; and he cannot make the oath or the affirmation, nor give evidence, if he does not believe in God, and in a state of rewanls and punish- ments after death. 2(;o. No person can be a Witness who does not know the importance of an oath, or wiio is not in the exercise of Ins mental faculties. 2<;i. Deaf mutes, who can read and write, may be ad- mitted as witnesses, their oath or affirmation and their answers being written down by themselves. 3«'i. No bailiff who has served the writ of summons , 111 any suit or action can be a witness in support of the plaintiff's demand, except in ; respect of such service. § i. — O/pron/ti taken by a Judge. _3G3. Saving the provisions of article 239, the witnesses in contested cases, arc exa- mined in presence of a judge, the opposite party being either present or dulv noti- fie and the judge niay ask , S tne witnesses any questions he may deem necessary. He takes down, or causes to be taken down in writing, un- der his direction, notes of the material parts of the evi- 42 CODE OF I'nocKnrnE, taut m, ho(1k i, tit. i. denco, und of nil ol).jections insisted upon by either of the ymrtics, and of his decision thereupon. The judge inay order as many oases to pro- ceed before him at the same tini", as in his discretion he deems expedient. {R. S. Q., art. 5881). 364. The notes of evidence are read, and if necessary, explained to the "witness, who may make the neces- sary additions or alterations in order to express correctly the material parts of his evi- dence, they are then signed by him, if he can write, if not, that fact is mentioned ; they are finally signed by the judge or by the protho- notary, and constitute and are held to be the evidence ofthewitness.(7f/.,art.5882). 365. Repealed. \Id., art. 5883). 366. The judge takes down, or causes the prothonotary to take down, notes of ail admissions made verbally by the parties ; and such notes, signed by the judge, make proof in the sanie manner as if they were signed by the parties. ; 367. The witness must first be asked and must declare his names, surname, age, quality or occupation, and domicile. 368. The opposite party may establish, by a prelimin- ary examination' of any wit- ness, or in any other manner, whatever grou'ids he may have for objecting to such witness. 369. A partj- cannot ini- I)each the credit of a witness l)roduced by himseh, but In may prove by others the con- ira'ry of what such witnes- has stated, or, by leave ci the judge, he may prove that at otiier times he has matie a statement inconsistent with his present testimony ; pro- vided, in the latter case, tin' witness be first questioned upon the subject. 370. Witnesses are exam- ined by the party producinjf them, or his counsel, but only touching the facts in issue ; and the questions must not be leading, unless the witness evidently at- tempts to elude the question or to favor the other party. 371. When a party ha- ceased examining a witness he has produced, the opposite party may cross-examine such witness in every shape upon the facts referred to in his examination in chief; oi he may require an entry ti be made of his declining ti cross-examine. 373. A witness may be re- examined by the party pro- ducing him, when new fact- have been elicited on the cross-examination, or for tlir purpose of explaining hi- answers to the cross-ques- tions. 373. When witnesses are called to prove the ident'ty of any object in the posses- 1 sion of one of the parties, the^ court or judge may order | that the party shall, eithe; 1 in court or at any other con- <5K I, TIT. I. partj- cannot ini- ; credit of a witne.-- bv himsell, but In e l)y others llie coii- ubiit such witness d, or. by leave ot" :, he may prove that times he has made ;i t inconsistent with nt testimony ; pro- the latter case, thi' be first questioneii subject. itnesses are exani- lie party producing,' his counsel, but ching the facts in nd the questions be leading, unless ess evidently at- elude the question ir the other party, 'hen a party ha? amining a witness )duced, the opposite ay cross-examine less in every shape facts referred to in nation in chief; or eguire an entry to of his declining to nine, witness may be re- by the party pro- m, when new fact; n elicited on the iiination, or for tin of explaining hi: to the cross-ques- hen witnesses are prove the ident't} )ect in the posses- e of the parties, the; judge may order! party shall, either r at any other con- 'CHAl'. Vr, OK TIUAn. n» iiinnt place or time, exhi- I'll -^ncli object to tiie wit- • sses thus called to give . /ide'ico concerning it ; and In default of his so exhibiting- |he object, if will he held to bave been identified. — The ,'^()urt may likewise onlerany ^jf'ifss who is in j)OHses'!ioh tf any object whirli is the ubjcct of the litigation, to nxliice it, under the .same penalties, in case of default. Is for refusing to answer per- linent questions. 374. A witness may ob- ' P<"t to answer questions put lf> him, if his answering lould expose him to a crini- i jial prosecution. -This objec- |on can only be made by the , Titness himself. 275. He cannot be com- fp'led to declare what has ?n revealed to him confi- eiitially in his professional baracter as religious or leg- adviser, or as an officer of late where public policy is pncerned. N7C. A witness is bound produce any document in s possession touching the latter in issue, and to alIo\^r | loopy or extracts thereof to I » taken, if it is a private' riting; and such copies or ' ^tracts, certified bv the pro- lonotary, are entitled to the \ Ime credence as would be i |ven to the originals. l^ll :^">' ^'5t"ess, who, Btnout valid reason, refuses I answer or to produce do- Iments or other things con- |cted with the suit and in possession, may be held 43 by coercive imprisonment to do so. «;!/*!" '^ ^V'tness cannot ^Mthdraw without the ner- mi.^sion of the judge. '^7J). [f the examination of a witne.ss cannot be coniplet- t'd on the day he appeari. he ;s bound to attend again on tl'o next following juridical I'ay, or on such other dav as IS assigned to him bv'the .jiidge which day is men- iioned in the notes of his , ev'dence or entered upon the registers of the court, and in default he is liable to the Pame i)enalties as for refusing ' to attend upon the subp.-ena . 380. It is the duty of the .,1'idge to ask the witnesses if they require taxation, and if they do to tax their expenses, wih due regard to the nature ot the voyage and the dura- tion of their .stay. 381. The taxation may be enforced by execution against the party who summoned the witness, after the delay and in the manner prescribed for any judgment of the court. And execution may be sued [Out by the witness against I the opposite party condem- i ned to pay the expenses of such witness, provided that no execution has already been ^IV- ""i* V ^^'^ party who obtained the judgment, or that the amount allowed the witness has not already been paid to such party or his attorney in virtue'of a duly receipted bill of costs. 883. When one party has closed his proof, the other 4 44 .|>E OK IMtOCKKURK, PART II, BO(.K I, TIT. I. party may enUT upon his couiiU'f-inonf, luul have his witiieflrfes examined. «83. If, on the day fixed for proof, the party who is bound to proceed tl(K'S not proiluoe any witiiesHCH, or give any vklid reason for j their absence, hi.s proof may 1 be declared closed. § 8. — (Df proof If taken down at liivjth. 884. Upon the consent in •writing of all the parties to a case, and subject to such additional costs and fees as may from time to time be fixed by tariff, the proof may be taken down in vritin,!? in the manner hereinafter pro- vided , either before a judge or before the prothonotary, who, in such case, may ex- ercise all the powers of a judge, except as to the objec- tions which must be reserved for the decision of the latter. — If the judge is unable to attend court on the day fixed for taking ])roofs, the pro- thonotary may preside over them, and in such case he exercises all the powers of the judge, except as regards •the objections made by either party, which must be taken down in wriiingand reserved for the decision of the court at the final hearing of the case. — By consent of the p^.r- ties or of their advocates, however, all depositions of witnesses may V>e taken at *ny stage of tiie proceedings, at any place, on any juridical day, in or out of term, anil may after being so taken, b' .sworn to before a commis- sioner ot the superior court. {R. S. Q., art. r.8a4). ««rt. With the consent ct the jiarties proofs rauv l)t taken on any juridical day during UMin or vacation, be- fore the prollionotaiy, who presides over thetn and acts in the manner hereinbefore provided with respect to proof .sittings.— The evidence! ' of witnesses may also be taken and sworn in accord- j ance with tue last paragraph] of the last jireceiling article. (/(/., art. 5885). asc.The court or judge may assign the different rooms wherein proofs may be j taken in the court bouse. 2H7. The witnesses rausti take the necessary oath ori aHirniation before they artf exainiiied, and the proihono-. tary must make a note of tti«j fact of their having done so.' — In the -.."vseofi'ie last para-i graph of articl* 284, the dc-l positions are sw orn to beforf! a commissioner of the su-f perior court after they havJ been taken {R. S. Q., art! 15886). ' 'J8H. The deposition of eacti witness is written out at full length by the prothonotar}T or bv some person employed ■ by liim for that p*irpose e.x{ cept !!! the CAse of articlci 320a aud 3206, mentioned i^ article .'■»888 of the Revised Statutes I if Quebec,and of tlij last paragraph of article 28J of this code.— At the commeDf CHAP. VI, OK THIAL. 46. out of term, and bt'in}; bo taken, Ut bftoM' a conunis- :ie superior court, art. r.8«4). til the consent of 8 proofs nanv be any juridical day in or vacation, be- irotlionotury, who rer them hikI actsj inner liereinbcfore Willi respect toi if the deposition. ■49.'>. N'o credence is given to unuulhL'Ulicaled margiual notes, nor to words written up(jn others, nor to interliae- aiions. The number of words struck out ana of marginal uoU's must be mentioned in the jurat. 29G. At tne examination of each witness, either the parties or their attorncv-! or counsel must be eiii or have been duly ., d. The other witnesses cannot be I present if eiilicr of the parties object. \ 297. Articles 2.">a, 2G0 and : 2G1 apply likewise to proofa I written d.wn at length. 298. Wiien one of the par- ties has closed his proof, the oth.r party may proceed with his couuter-proof and have a subsequeut day fixed for that purpose; a sufficient delay being allowed to summon liis witnesses. 299. If ou the day fixed for his proofa party fails to appear or to produce wit- nesses, and furnishes no valid — ..,,... iLrt iiieu aosfwcc, or for not proceeding, his proof may b^' declared closed, and the opposite party may, if he thmks proper, have a day fixed for his own proof. ir 46 CODE OF PROCEDURE, PART II, HOOK I, TIT. I. §G.- ■0/ proof's before exa- minen. 300. The court may ap- point a competent person as an examiner to take the proof, when, by reason of the na- ture of the dispute, or the number and distance of the witnesses to be examined, or the intricacy or multiplicity of the facts to be proved, or any other sufficient cause, it is shown to the court, by any of the parties concerned, that the ends of justice will be better attained by the ap- pointment of such examiners. 301. The rule appointing ^n examiner must specify the place where the proof shall be taken, and the delay with- in which it must be conclud- ed. This delay may be ex- tended by the court or judge upon sufficient cause shown. 303. The examiner, before entering upon his functions, mustbesworn before a judge, or a commissioner of the ^superior court, to fulfil his duties faithfully and impar- tially ; and such oath must be in writing and be annexed to his return. 303. He must give the parties at least eight days notice of the time and place at which he will begin the examination. 304. The witnesses are summoned, by means of a writ of subpjena issuing from the court before which the suit is pending, to appear be- fore the examiner, who may administer the oath to them. i may receive any docnmen- I tary evidence produced bv i the parties, and has all thV . powers of a judge presiding over proofs stated in § 4 of this section. 305. Any party to the suit , may also be summoned to I answer interrogatories upon articulated facts vivd voce before tlie examiner. The latter may administer the ne- cessary oath, and put sucli further questions as he may deem necessary and perti- ! nent. — if the party refuses to answer any such questions, they are reduced to writing, i and the facts contained in ! them are held to be proved. j — If the i)arty summoned fails j to appear, the party who took I out the order cannot take ad- ! vantage of the default unless I he has caused him to be serv- i ed with the interrogatories ! which he intends nim to ; answer. I 30G. After completing the proof, the examiner must ; make a return of hisproceed- ! ings, on or before the day fixed by the court or judge § 7. — Of commissions for the\ examination of witnesses. 307. When any of the wit- nesses or of the parties reside beyond Lower Canada, or even within Lower Canada at a distance of more than thirty miles from the place where the court is held, tlie party who requires to ex-l amine them may; obtain a commission appointing one iive any dociimen- lence produced by es, and has all the fa judge presiding afs stated in § 4 of on. ny party to the suit ) be summoned to nterrogatories upon id facts vivH voce le examiner. The y administer the no- )ath, and put sucli uestiuns as he may cessary and perti- tlie party refuses to ay such questions, educed to writing, facts contained in held to be proved, arty summoned fails , the party who took •der cannot take ad- )f the default unless used him to be serv- the interrogatories e intends him to fter completing the e exammer must turn of hisproceed- or before the day he court or judge. jovimissions for the \ ation of witnesses. hen any of the wit- of the parties reside -ower Canada, or in Lower Canada | nee of more thnii les from the place e court is held, tlie requires to ex- ?ra may obtain a | fU appointing one CHAP. VI, OF THIAL. 47 I or more persons to receive I the answers of such witnesses. 308. Application for that purpose must be made bv the plamtiff, within tour 'davs ' after the articulations of facts are completed ; except under particular circumstances, left ' to the discretion of the court or judge. Such an applica- tion by the defendant must be made within the same delay if the case is to be tried by a jury or is inscribed at the same time for proof and , hearing; but if the proof is I taken in writing, at length, I the defendant mav make the ! application within the four I days after the closing of the I plaintiffs proof. It may be i granted by the court or by a ' Ljudge in vacatiou, upon' its ! being satisfactorily shown b^ affidavit that the com-' [inission is necessary, and' after notice to the adverse ! I party. ^ | 1 309. The commissioners hire chosen as follows :— If both parties join in the com- mission each furnishes four [names. From the list thus I tonned each party alternately strikes out two names ; this IS done in the presence of the pudge, who out of the four remaining names chooses [tnree, to whom the commis- jBion 18 addressed. — If both Iparties do not join in the !«omm.soion it is addressed to line persons chosen by the ■Darty who applies for it. 310. The court or judge pxes the number of cominis- Jioners who must be present in order to execute the com- mission, aud gives directions and authority for swearing witnesses. 311. Annexed to the com- mission are tlie interroga- tories and cross-in terroga- ' tories of each partv, which shall have been allowed bv the judge after due notice to the other party. 3ia. The commission must also be accompanied with instructions addressed to tha commissioners, under the sig- nature of the judge, to guide them in its execution. 313. The return consists of a certificate of the commis- sioners who acted, endorsed upon the commission, and stating that the execution appears by the schedule I thereto annexed.— The return I must be under a sealed en. • velope, upon wlucn are en- I dorsed an indication of its I contents and the name of the '■ cause. Ii cannot be opened : and published without an ' order from the court or judge. 314. The party who applies for a commission must him- self see to its being transmit- ted and executed. 315. If both parties have jomed in the commission, both are equally bound to have it transmitted and exe- cuted. 316. A failure to return the commission will not prevent the court from proceeding with the hearing in the fol- lowing cases : — 1. If it ap- pears that the party applied -IT 48 CODE OF PROCEDUKE, PART H, HOOK I, TIT. I. for the commission solely in order to retard tlie judgment ; — 2. If tlie return has been delayed longer than justice and equity required. § 8. — 0/ proofs ex parte. 3n. When the defendant fails to appear or to plead to the action, the plaintiff, in suits other than those men- tioned in articles 8'J, 90 and 91, may inscribe his case for proof in term or out ol term, if any is necessary, and sucli proof is then proceeded witti before a judge, or before the prothonotary who must swear the witnesses, take notes of their evidence, and do whatever else it would be the duty of a judge of the court to do in matters of proof. — A defendant fore- cloeed from pleading is enti- tled to at least one clear day' s notice before proof ; and he may cross-examine the wit- nesses, and make such objec- tions as he thinks proper, of which the protonotary must take notes ; but he is not entitled to produce witnesses. — Proofs ex parte may be taken at any time, except be- tween the ninth of July and the first of September. 318. All evidence offered by the plaintiff is filed and remains in the record in the same manner as if the defen- dant had appeared ami plead- ed to the action. § 0. — 0/ the incidents proofs. ol 310. All applications t*> the court upon any incideui of the prool may be made by motion, stating succinctl} the nbjeciand reasons of the application. 3ao. The court may, at any time before judgmont, , in itfa discretion and under ■ such conditions as it deems ju.st, allow any pleading to : be amended st) as to agree ■ with the facts proved, and I any pleading is suflicientlv I sustained if the facts alleged I agree sufficiently with the. ! facts proved, and if in tlie opi- nion of the court the opposite party has not been led intti error as to the real nature of the facts intended to be alleg- ed and proved. § 9 (a). — 0/ proofs taken bij stenograplu/. 330a, With respect to proofs in the districts of Que- bec, Montreal, Three Rivera, St. Francis and Arthabaska — 1. Without prejudice to ar- ticles 2G3 anil 204, as to tlie manner of proceeding and the power given to the jud^*' by those articles, the judge may order, and either of the parties may require, that the evidence be taken by meaui of stenography, — 2= The ste- nographers employed mustltc appointed by the c-juncil ot ^ the section of the bar, upon I the report of the committee J of examiners appointed by | OK I, TIT. I. ')f the incidents of proofs. \11 applications to upon any incident 3ot may be made by stating succinctly I and leasons of the i)n. ["lie court may, at ; before judgment, scietion and under ditions as it deems i\v any pleading to led so as to agree facts proved, and ding is sufficiently if the facts alleged fficicntly with the. f^ed, and if in tbeopi- le court the opposite 3 not been led into the real nature of ntended to be alleg- •oved. •Of proofs taken by tenographt/. With respect to the districts of Que- ;real. Three Rivers, is and Arthabaska: out prejudice to al- and 204, as to the jf proceeding auU || • given to the judgt' articles, the judge i", and either of the ly require, that the < be taken bymeaui' raphy, — 2. The ste- rs employed must he ! by the Cuuncil of i n of the bar, upon ^ t of the committee, iiers appointed by '■ CHAP. VI, OF TRIAL. 49 the council. — 3. Such steno- graphers after their appoint- ment are considered to be officers of the court, and are paid according to the tariff established by the council of the section, by means of fees advanced by the part7 pro- ducing the witnesses.— "^4. The judge or the prothonotary has the right, before the wit- lu's.ses are heard, to require, from each party a deposit sufficient to meet'the payment of the stenographer's fees, Jind further to require, if necessary, an additions' depo.'^it.— 5. The notes of evi( eace are taken by the steiio- giai)her under the direction of the judge, and whenever the judge finds the tariff as- tablished by the council of the section insufficient to pro- perly cover the stenogra- plier's fees, he may himself tstablishsuch fees as lie deems flufficient.— 6. The judge may order that the notes of evid- ence be read to the witness, and corrected, sitting the <;iMirt, if necessary. — A copy . of these notes is raatle by Uranscription by the steno- grapher of his"^ notes, who f certifies it and it forms part ofthert'cord— 7. Cpon appli- cation by the interested par- ^ ty, the judge who heard the j evidence may order the errors which may be found in tlie copy so transcribed to be [-corrected, in the manner he! ^ may deem proper.— The costs i ot revising and correcting! such copy shall be paid by the Il>arty lound to be in default. I — 8. The judge has power to render judgment without waiting for the transcription of the notes of tlie evidence. {R. S. (J., art. 5888). 380/a Respecting proofs in tiie other districts of the pro- vince ;— 1. In all suit^ inscrib- ed at the same time for proof and hearing, either of the parties may, by a demand in writing, accoiimariied by a dei)osit of a sufficient sum of' money to pay a stenographer, require that the evidence in .' V case be taken by means f stenography. — in .such ■ .', the stenograpiier is named by the prothonotary, unless the parties mutually agree upon one ; and the stenographer is sworn before the court, judge, or protho- notary. — At the conclusion of each testimony, he reads over the same to the witness, and such testimony, when afterwards transcrilied in or- dinary writing, forms the record of the evidence in the cause.— 2. The evidence taken l)y means of stenography is a sufficient fulfilment of the last part of article 263 and of article 2(>4 ; and tlie sufficien- cy of the deposit required to pay a stenographer is deter- mined by the court, judge or prothonotary.— 3. In any case the parties may, bv consent, employ the services ofaste- nogfapher, and cause him to be sworn; and the evidence is taken in the manner men- tioned in the preceding par- agraphs of this article. —4. The expenses of employiog a, -TTT 50 COPK OF PnoCKDCRE, PART II, BOOK I, TIT. I. fetenoprraphc r form part of the ' taxed costs of the case. {Id). \ SECTION IV. OP E.XPKRTS, TIKWKR.S, HKFER- ENCES IX MATTERS OF ACCOUNT, AM) AR- KITRATORS. 331. Before deciding? upon i the merits of the case, the I court may, if necessary, order i an extraordinary investiga- i tion in the cases hereinafter i mentioned, either beiore, dur- ing, or after the proof. § 1- — Of viewers and experts. _ 332. AVhenever the facts in contestation between the parties can only be verified by view of the object or pre- mises, or whenever the evid- ence produced by each party is contradictory, or when the nature of the contest requires It, the court may, of its own ( accord or upon the applica- I tion of either party, order the facts to be verified by ex- perts and persons skilled in the matter. — The order for experts must specify clearly and distinctly the matters to be verified. 333. The investigation must be made by three experts agreed upon by the parties, unless they agree to its being made by one only. 834. U. at the time of the orders for experts, their ap- pointment has been agreed upon by the parties, the order records such appointment. 335. If the experts are not I agreed upon by the parties j the court sixes a day on which I the latter must attend before the court or judge in order to appoint them ; and in de- fault of an order to that effect either party may summon the other to attend as aforesaid, vvithin a reasonable delay, tor the purpose of such ai.- pomtment. 33G. The parties are bound to attend on the day appoint- ed, and if they then fail to agree upon the three experts the court appoints such ex- perts for them. — In the case of any of the experts being validly recused others are appointed in their stead, in the manner above described 337. The grounds for re- cusing an expert are ; rela- tion or alliance, to the degree oi cousin-german inclusive- ly ; intimacy ; enmity; sub- ornation ; interest; being in the domestic service or other employ of one of the parties- being a party in a similar suit, or the attorney or agent ot a party in the case ; and generally, the grounds of ex- clusion applicable to wit- nesses. 338. As soon as the experts are named, either party may have the order served' upon them, together with a requisi- tion calli.ig upon them to be Bworu. 33*). If any one of the ex- perts neglects or refuses to be sworn or to act, either of ttie parties may summon the other to attend before a jud- 30K I, TIT. r. f the experts are not pon In- the parties. :iixesadavon which r must attend befbio t or judge in order It them ; and in de- norder to that effect rty may summon th» fittend as aforesaid, reasonal)le dehxv, )urpose of such ai)- t. ' le parties are hound on thedayappoint- f they then fail to »n the three experts appoints such ex- them. — In the case ' the expert'j being ■ecused others are in their stead, in iv above described, le grounds for re- expert are ; rela- lance, to the degree gerraan inclusive- icy ; enmity ; sub- interest; being in tic service or other one of the parties ; arty in a similar J attorney or agent in the case ; and, the grounds of ex- )plicable to wit- soon as the experts either party mav rder served' upoii her with a requisi- r upou them to be ny one of the ex- ns or refuses to be to act, either of fiiay summon the end before a jud- rn.AP. VI, OF Tiu.u,. 51 jge in order that another l])erson may be named in tlie Ij)roner manner to replace jsuch expert. I 330. The experts, before itaking an^v proceedings in fthe investigation, niw^t, on I'.iin of nullity, be sworn to .jHTforin their function.s with Jitnpartiality and do the best lof their ability.— This oath Imust be in writing, and be icertificd by the person who |administers it. 331. The oath must be ■taken before a judge, or the V^thonotary, before a com- missioner of the superior court, before an expert al- i-eady duly sworn, or before any other i)erson indicated In the order for experts. I 332, A copy of the order for experts, together with Ihe necessary papers, must be given to them, after the iirothonotory has taken a re- ceipt therefor. 333. The experts are boun'l lo fix the time and place at khich they will proceed with Ihe investigation, and to no- |ify the parties, allowing a ' lelay of at least three days nien the distance from the domicile v)f the parties res- pectively does not exceed five Seagues, and one day more tor every additional five leagues. f 334. The exports musi hear ine parties and the witnoac.eo In accordance with the terms pt the order naming them ■ lach of them is authorised to liiminister the oath to the Vitnesaes of the parties, as the case may be, and the wit- nesses are summoned to at- tend before the experts, vvhat- evermay be the distance. 335. The evidence of the witnesses must be takendown in writing, certified aud an- nexed to tlie report of the ex- perts and it must mention whether the witnesses are re- lated or allied to the parties, will!" l^""^ '^'f?''*^^' an^^ whether they are in the em- ploy of either partv, or inter- ested in the suit. 336. If all the experts agree, they make one and the same report, if not, each of tliem makes his .separate re- port, if he thinks proper 337. The report of the ex- perts must be made on or be- fore the day fixed by tie court.— It mnst contain rea- sons .and details, so as to enable the court to appreciate the facts ; it must also be signed by the experts or be in the form of a notarial origi- nal. = 338. If the experts delay or refuse to file their report they may be summoned, with the same delays as inordina- ry procedure, by a rule of court, to shew cause whv they should not be condem- ned, and even held by coer- cive imprisonment, to do so. 3.39. The court is not bound to adopt the opinion of the experts nor that of a niajorltv of them. •' "^ 52 CODK OK I'HOCKItLKi:, I'AHT II, IJOOK I, TIT. I. 1 \' § 2. — 0/ references in mailers \ of account to accountantu \ and practitioners. j 340. Ill matters wliercao-, couiitd have to be rendered or | ailjusted, or which require j ca'culutioiis to be made, and , in mutters of separation of; l)roperty, or partition of eom- | munity or succession, the ; court may refer the case to , one or more persons skilled , in such matters ; and such | persons are subject to the ru- les above prescribed concern- | ing experts. — Such account- | ants and practitioners have \ the powers given to experts , by tiie foregoing articles, aud ; are bound to follow the di- , rections of the court ; and j their reports are adopted, , homok)gated or rejected in , the same manner as reports j of experts. j § 3. — 0/ arbitrators. \ i 341. The court may, ot its own motion or upon the up- , plication of one of the par- ties, refer to the decision of. arbitrators any case of dis- pute between relations, con- , cerning petitions, or other ; matters of fact which it is dif- , licult for the court to appre- ; ciate; and also any othercase, ; if the parties consent to it. 34;J. The preceding provi- ; sions relating to experts ap- , ply to arbitrators, in so far : as they are compatible with those of the present para- graph. Nevertheless, arbi- trators need not be sworn ! unless the order appointing them requires it. :J43. Arbitrators can only adjudicate upon the matte i' submited to tnem. — They are l)ound to observe the same formalities as experts in the investigation of facts, ac- cording to articles 3.'!4 and 33'}, unless they are at the same time ap^'vyinted media- tors, but they are not bound to give the reasons of their decision. They cannot award costs, unless the court ha.s empowered them to do so. 343a. Except in actions to annul a marriage, in separa- tion of property or from bed and board, to obtain the dissolution of a corporation or the annulling of letters patent, or in which the par- ties are minors or legally in- capable, and in all cases of ] public interest, the court may, on the written demand o*' the parties and of their ad- vocates, refer all or any of the issues, either of fact or of | law, to the decision of any or more practising advocates I appointed according to tlie] manner determined bv the consent. (R.S. Q., art. 13889). 3436. The referees appoint- ed who do not accept the of-| fice are replaced by others, and the niiijority forms a| quorum. {Id.). 343c. Before proceeding! they must be sworn to well and faithfully perform their duties either before the judge, | the proihonotary or a com- missioner of the superior court. {Id.). K I, TIT. I. oi'dor appointing res it. bitriitors can only upon the mutter ,0 tlieni. — They are observe tlic same I as experts in the ion of facts, ac- ) article."! 334 and « they are at the ap^'Kjinteil media- hey are not bound le reasons of their Fhey cannot awanl ess the court has d them to do so. Ixceptin actions to arriaf^e, in separa- jperty or from betl d, to obtain the 1 of a corporation nulUu^ of letters in which the par- nors or legally in- md in all cases of terest, the court le written demand ties and of their ad- efer all or any of either of fact or of lie decision of any •actising advocates according to the elermined bv the R.S.Q., art. 5889). he referees appoiut- i not accept the of- ,'placed by others, majoritv forms a Id.). Before proceedinjr : be svvoru to Trei! ully perform their er before the judge, Hiotary or a coni-| of the superio )■ CnAI'. VI, OF TniAI,. 53 343f/. The trial before '^uch referees is conducted as in tases without a jtirv before tlie court ; and the 'referees yliich may bo submitted by tlie i)arties to the referees, it 1^ tde duty uf the letter to whichthevarelrid T,w„ '~ ''^"""'^'^" to note the IS transmitted in the mann, ment o be drlw^ -, ^ ^A^' prescribed bv article 241 aud ViV/ L W "1> ■(/'/..). •M2.(Id) ' ^--iidiia .J43^ On the application 343/; The reoorf of tl.o «. > . ''i'™ologate the report, the the court of* the place ii ton rV the con testa- tauit of whiMK om';rl" ?.': ?^t i^^hmem be recorded bv tionTX"^■cSen'r"{^r!f '"•"^- '"' ^"^^ -P-'^ i^ the filing of ?urno7ice^iK^^ '^'. J"''^"^^"^ had;rb"en° ^d'-llow? ^" appeal n"y <-er,theprocc:dingsha"and"i''^^'^ "'^^^^'■^^ '' '^' am i.'™f>ta,ijm^^pj| i^^^q^.q ^{j e re- 'erecs form part of the record" as If they had been had and taken before the court.— The fourt may also, upon demand "t either ofthe parties, cancel court of qnoen's bench. (/-/.). S^3k. In appeal, the court niust inquire into the merits of the contestation as well as the grounds of nullity of the referees' report. (Id.). ..I'' ^•| mmi t(f^ 54 CODE OK IMIOCEDURE, PART II, BOOK I, TIT. I. § 4. — General provisions ap- plicable to the three pre- ceding pardf/rapha. 344. Experts, accountants, practitioners, and arbitrators, may deinaiKj tliat the amount of their remuneration, costs and disbursements be paid into court previously to the opening of their report and subject to the order of the court,— Tf they do not demand this deposit they liave a re- course against all the parties to the suit jointly and sev- erally. 345. The party who in- tends to avail himself of a re- port of experts, practitioners or accountants must make application to have it receiv- ed ; and if the opposite party desires to take advantage of any informalities or causes of nullity therein, he must do so by a counter-application. 34G. If a report of experts, practitioners or accountants IS free from informalities or causes of nullity, it is receiv- ed, together with the deoosi- tions and documents annex- ed as part of the evidence in the case. 347. In the case of an award of arbitrators, the party intending to avail him- self of it may apply for its homologation and for judg- ment in conformity wit' it. The other party cannot op- pose it except by an applica- tion to have the report de- clared inadmissible on the ground of informality or some other cause of nullity. SECTION V. OF TRIAL nV JURY. § 1. — Preliminary provisions. 348. A trial by jury may be had in all actions founded on debts, ])ro.in.ses, or agree- ments of a mercantile nature, either between traders or between traders and non- traders; and also in all suits for the recovery of dam- ages resulting from personal wrongs, or from offences or quasi-offences against move- able property. 349. It is had at the option of either of the parties, when the amount claimed by the suit exceeds two hundred dollars, and only upon the issues laised upoii the merits of the case. 350. The option is made either in the declaration or in the pleas, or by a special application to the court with- in four days after issue joined, or, if these four days expire out of term, the application may be made on the first day of the next term, provided notice be given to the op- posite party within four days after issue joined. — If there is no articulation of facts, the inscription cannot take place until five days after issue joined. 351. The jury is composed and summoned in the manner hereinafter provided. 353. No trial by jury is fixed until the court or judge, upon the motion and sugges- CHAP. VI, OK TRIAL. nary provimons. al by jury may actions founded .aiscs, or agree- Tcantile nature, ;en traders or ders and noa- also in all suits overy of dam- g from personal from offences or s against move- r. liad at the option he jtarties, when claimed by the i two hundred only upon the npoii the merits option is made 2 declaration or or by a special the court with- ifter issue joined, four days expire the application ; on the first day term, provided iven to the op- within four days lined. — If there is ion of facts, the lannot take place lays after issue inry is composed ed in the manner >rovided. trial by jury is le court or judge, tion and sugges- tion of the party claiming the same, has assigned the fact or facts to be inquired into by the jury, and has decided all i3:^ues rai.sod respecting the quality of the parties. 3.53. Each partv must fur- nish the judge with a state- ment uf the facts which he considers ougljt to be sub- mitted to the jury. 334. The assignment of the facts may, however, be dispensed v.-ith, bv consent m writing of all the parties to the suit. 355. The trial must be had at the place where tlie suit is brought, unless, tor suffi- cient cause, the court or judge orders that it shall be had in another district ; and in such case the verdict is returned with the record to the place where the suit was commenced. 350. In any suit for dam- ages brought against a public officer by reason of any il- legal act done by him in the performance of his functions, he may apply to have the trial take place in another district, upon shewing that the case cannot be tried inj- partially and without pre- judice in the district in which the suit is brought.— This ap- plication may be granted either by the court or by a judge, and the venue changed accord in 0-1 V. § 2.— Of the jury. 337. The prothonotary of the superior court in each district is bound to make a list of the persons qualifiuii to serve as jurors in civil causes, by takin'' from the list deposited in his office of persons qualified, according to the terms of the statute, to serve as grand jurors in criminal cases, and in the order in which they then are, the names of all persons re- siding within a distance of five leagues from the court. 338. The qualification re- quired for such jurors is that they must be rnales, be en- tered upon the valuation roll as proprietors of real property of the value of over three thousand dollars or as tenants or occupants of real property of the annual value of over three hundred dollars, in cities or towns of at least twenty thousand souls or in the hanlieue thereof; or as proprietors of real property of the total value of over one thousand dollars or as tenants or occupants of real property of the annual value of over one hundred dollars within the limits of any muni- cipality in the counties or Gaspe and Bonaventure ; of as proprietors of real property of the total value of over two thousand dollars, or as tenants or occupants of real property of the annual value of over one hundred and fifty dollars within the limits of any municipality in the other parts of the pro- vince ; and have their domi- cile in such cities, towns, or municipalities. —Any justice iilil I*---- RfT't** 56 t'OUK OK I'KCCEDL'KE, PART II, HOOK I, TIT. I. of i.he peace may be a juror. (R. S. (J., urt.fjHftO). 3.»ft, Person.-^ oiinnot Jic jurors:—!. Who have not the quulific.'itioris and couditions requircfl hy tlie two prcccl- ing urticU'.s; —'J. Who are below the a^'c of twenty one years ; — .'!. Who are alfiicled Avitli blindness, deafnes.? or any o'her physical or mental innrmity inr'oinpatible with the discharifc of tlie duties of a juror ; — 4. Who are arrest"d or under bail upon a charge of treason or felony, or who have been convicted thereof: — 5. Who are aliens. (/^. S. Q., art. 5891). 3G0. The following per- sons are exempt from serving as jurors: — 1. Members of the Clergy;— 2. Members of the Privy Council, of the Se- nate or of the House of Com- mons of Canada, and persons in the employ of the Govern- ment of Caiiadi ;— 3. Mem- bers of the Executive Council, Legislative Council or Legis- lative Assembly of Quebec, and persons in the employ of the Government or of the Legislature of this Province ; — 4. Judges of the Supreme Court, of the Court of Queen's Bench, and of the Superior Court, Judges of the Sessions, District Magistrates and Re- corders ;— 5. Officers of Her Majesty's Court ; — 6. Regis- trars ; — 7. Practising advo- cates and notaries ; — 8. Prac- tising physicians, surgeons, dentists and apothecaries ; — 9. Professors in universities, colleges, high schools, or normal schools, and teachers; — 10. Cashiers, tellers, clorks and accountants of incor- porated banks;— 11. Clerks, trea.-^urers and other niunici- p.i! officers of the cities of Quebec and .Montreal: — 12. Officers of the army and navy in active sc.-vice ; — 13. Offi- cers, non-commissioned offi- cers, and privates of the ac- tive militia ;— 14. Pilot.- dulv licensed , — 15. Masters anil crews of steamboats and masters of schooners, during the season of navigation; — IG. All i)ersons employed in the running of railway trains ;— 17. All persons cm- ployed in the working of grist mills;— 18. Firemen;— 10. Persons above sixtv years of a^e ;— 20. The Menabersof the Council and of the Board of Arbitration of the Montreal Board of Trade. (Id., art. 5892). 361. Immediately after re- ceipt of the notice given by the sheriff that he has com- pleted the revision of the grand jury lists, the protho- notary is bound without de- lay to correct the copy in his possession so as to make it conform to the jury lists so revised j and such corrections are certified by the sheriff.— The list of jurors for civil cases is revised by the pro- thonotary according to the list of grand jurors for crimi- nal cases so revised, by strik- ing out the naraes of cleceas- ed, absent or disqualified per- sons, and adding the names of new persons qualified to CMAl'. VI, i»F TItUL. &7 iroinen ; — sprve as jurors.— The nrotlio- iiotarv if) also hountl, from time to tiiiif, to strike out the names of all those whom the sheriff, in any pendiiijr case, return?! as diud. ahsenl or ilisciiialificrl. or who are i (iechired \,y the court to be so. (/d., art. .'iR[)3). . § 3.-0/ (he special list and the striking of the panel. j 3G3 The eourt, upon mo- ' tion of either of the parties. '. may fix a dav for stril^ '^^7 tbr trial must M^.?.h^^^'-^''/^''''^*^"^^°"'"M^'^ accompanied with a de- 3r^ ftV'- •. » . posit in the hands of the pro- 3G3. It the suit be of a thonotary, of the amount mercantile nature, the jurors | fixed by the court. to be summoned are "taken and selected only from amongst the persons speak- ing the requi^'d language, who are designated in the jury list as merchants or traders, and in the order in which they stand upon the list ; and in cases where one of the parties is not a trader, and objects to a jury com- posed Avholly of traders, the court or judge may order that One half only uf the jury be composed of traders. — If 366. After the granting of such motion by the court or judge, the prothonotary takes from the list cf jurors for ciyil matters, commencing with the name of the first juror having the required qtialifications. following that of the last juror included in the special list last previous! v made the names of forty- eight jurors, whose names are first on the Hat, ii-ivint!-. in the special cases, the qua- lifications required accord- thprp oro r.r.t ^i ■ . j'-j'^ai'iuus required accord- liS fb/nn^K "P°^" ^'^ J"'"^ '"^ *° tl^« o'-der of the court list the number of merchants or judge, and makes a special CODE OK PROCEDI'IIK, PART U, HOOK 1, TIT. I. I ll i 4 list thereof, to form part of llie record in the case. 307. V\ in the (hiy and at tlie hour uxed for striking tin- piint'I, the jiurtics must attend for that pun)ose at the prothoiiotar.v':; office. 3G8. Kach p;irtv strii. A return of service of such writ must b*^ made in the CHAP. VI, iiK TniAL. 69 same manner as that of or 'linary summonses. § ■'■;—Ofthe/orm'itijn of the jury, and o/chii/leni/''.". 3:g. Oil the (Iiiy fixed for the trial, the persons sum- moiled as jantiri must appear at the anpointed hour, at the place where the . manding that the i.anel be •I'lasht'd. 370. The presid ng ludge decides the challenge." and may, if neci'ssarv, order the fuels upon which it is based to be .-substantiated on oath. 380. It the clialleng' <-. pronounced to be valir, the party who applied for r fii>l '>y jury must obtair ;.;,e, issuing of another V^.^ure tacian. 381. If there is no chm- Icrige to the array, or if such ctiallenge is overruled, the prothonotary, in order to form thejurj,', proceeds to the culling and swearing of twelve of the persons sum- moned, following the order 111 which they appear on the panel, unless the judge or- ders otherwise, saving the cases mentioned in article 0\.'\) > 383. Either of the parties may challenge for cause any person called to form part of the jury, before such person IS sworn. 383. The causes of chal- lenge to the polls are either principal or to the favor. , 384. The causes of princi- pal challenge are ;— 1. Want of qualification of the person summoned ;— 2. Relation or affinity with one of the parties , to the degree of cousin-ger- man inclusively ,-— ;3. Interest in the suit; — 4. That he has e-yamined into the matter in dispute as an arbitrator nam- ed by one of the parties ;— >.,M t i <^tm> a*a* A .i fv Hat ; t;^^ a a!ffli^^^SiBi;s^s^j ^ GO CODE OK PHOCSDURK, PART U, HOOK I, TIT. I. rAll 5° That one of the parties has ■wrought iipon the juror and given him money or other things, in order to obtain m verdict to his favor;— G. That the juror is infa.nous, oral- tainted of felony or convicted of perjury. 385. Jurors may be chal- lenged for causes of lesser im- portance, which indicate a probability or give rise to a suspicion that they are bias- ed in favor of or aerainst one of the parties, and such chal- lenges are to the favor. 38G. Principal challenges are tried by the court ; chal- lenges to the favor are tried in the manner hereinafter ex- plained. 38T. If two jurors or more have already been sworn, they try all challenges to the favor ; if two have not been sworn, the court ajjpoints two disinterested persons, who are sworn to try the ' challenge inipartiallv,' and who, together with "the first '• juror sworn, if one have been i sworn, decide upon it. and ' upon any other challenges, until two jurors hare been sworn. 388. The juror himself may be examined on oath as to the matter of the challenge, provided it does not tend to his dishonor and discredit. 389. A challenge founded upon a judicial condemna- tion must be accompanied with an .authentic certificate of such condemnation. 390. In cases of a mercan- tile nature, the names of the merchants or traders sum- moned as jurors must be call- ed first and if they are not in sufficient iiuinlicrj the jury is eoinpleted from among the other persons summnned. 391. I f se ve ra 1 of t h e j u ro rs summoned are challenged or fail to attend, so that the number of twelve duly qua- j lified jurors cannot be com- pleted, the court or sitting (judge may, upon consent of the parties, but not otherwise . order the sheriff or the officei- acting in his stead, to make up tiie number by taking forthwith from among the persons present in court the requisite number of indivi- duals qualified to serve as ju- rors ; Ijut the jury cannot be wholly composed of talefi. and if all the jurors summon- ed fail to attend, or are law- fully challenged, the trial cannot then proceed. 393. When a juror called is not challenged, or the chal- lenge is overruled, he must be sM-oru to try the matter at issue, and to give his verdict in a just and impartial man- ner, according to the evi- dence. § 6. — 0/ the 2'>roceedings ht- for a jury. 393. ^Vo davsat least be- fore that fixed for the trial by jury each of the parties must, under a sealed cover, deliver to the prothonotary, for the use of the judge who is to preside at the trial, a factum or case, containing a state- IT. I. traders sum- ■' must becall- ley are not in iM', the Jury i.s 1 among the immoned. il ofthe jurors "hallenged or "0 that the vc duly qua- mot he com- rt or sittinjr a consent of not otherwise or tiie officei' 'ad, to make • by taking among the in court the r of indivi- serve as ju- ry cannot be ed of tales, ors summon- . or are law- l, the trial ?eed. juror called ,orthechal- ed, he must he matter at i his verdict partial man- to the evi- CUAP. VI OF TRIAL 61 ment ofthe facts of the case iUid the authorities which he cites in support of hisprcten- MH. After the return ofthe V' nireFiiciaSyOii the day fixed for the trial, if neither i>arty appears, the jurors are dis- cliarged : if the plaintiff ap- pears and the defendant ma- kes default, such default is re- corded, and tlie plain tiffmay proeeed rx parte. — If the jdaintilfaloue fails to appear. his default is recorded, and judgment of nonsuit is enter- ed against him, with costs to the defendant. 395. The plaintifTmay also. ' at any time before verdict; withdraw from court or aban- don his suit, and a likejudg-' inent of nonsuit, with cost's, is rendered against him bv thejudge. omissions that may be found therein. 398. A fair copy of such notes is made out by the pro- tlionotary, and, after being certified ijy the judge, is filed of record and in case of ap- l)eal is held to be the true re- cord of the evidence adduced and of all other proceed- ings mentioned therein and stands in lieu of any bill or exceptions by either of the parties against the evidence, adduced, or the trial, which bills can no longer be filed. 399. When thi' witnes.ses cannot attend before the court, their evidence may be taken by means of a com- mission for the examination of witnesses, which must be obtained and executed in the manner prescribed in the sec- tion concerning such com- J.)G. yo paper can be read : missions, and must be return- to the jury without leave from the judge ; and if it be not authentic it must first be proved. 397. The witnesses give their evidence orally, in pre- sence of the jury, and the judge is bound to make, or cause to be made under his supervision, full notes ofthe ed before the jury ; but no such commission can issue for the examination of wit- nesses who are within the circuit in which the jury trial takes place, unless with the consent of both parties, which is entered in the record. 399a. Either of the i)artics may, by a demand in writing, tc..timony thus adduced, of, accompanied by a detmsit Zi an oral admissions, or of all I a" sum of money deemed exceptions takenorobjections i suf!icient by the judge or the made orally in court. These prothouotary to paj- a steno- otes are read out by the I grapher, require the evidence juagi or by the prothouotary, I to be taken by means of ste- t the oral request of any party in the suit, d ur logmphy.— In such case the the trial or immediately at ter it, in order to correct and remedy anv errors or ■ing i stenograjiher is named by the prothonotarv, unless the par- ties mutually agree upon one, and the stenographer is '-■-•^''^''^"f'U{1^!j^^^ T^'''S^-i':^ ^^, 62 i\ CODE OF I'ROCEDUKK, PART 11, BOOK I, TIT. I. •sworn before- the court, ami lie shall, at the conclusion of each testimony, read over the same to tiie witness. —Such testimony shall, when after- "vvard.s transcribed in ordina- ry writing, fbrni the record ot the evidence in the cause. — The requirements of arti- ^ ,'2,/"^?^ .■'^"^ ''^^ ™av be tulhlled through the intc-- veiition of the stcnogra])hei before the reply of the plain- tiff. 404. "When each party has stated his case and adduced his evidence, the judge, if he deems it necessary, suras up the evidence to the jury. 405. if either party objects to the judge's charge, the judge must,e'ther immediate- ly or as soon as he conve- niently can, reduce to writ- -The ,.x„o„sosof ..„r,;(;;.i,Vg • i„i: i ,s Tbisd«;S tioning the objection made ; and what is thus written, after being signed by the jud- f?e, ibrms i)art of the record the taxed costs of the case Ui- S .Q., art. .'■)89.'5). 400. When the facts to be proved before the jury have .., .,..^« ,. ;r;:K^H^ti;:rr^;i^^''--'- ;'^i?i!ti^i!:'u;rihewrit-i^^--^ti'-r^"^ ten consent of the parties, ; "^ ''' Jho inflt^T""!* "^ !^'^' ^y ' ^0«- It is the province of with fonrr^i"'^" dispensed ^ the judge to declare whJthe with, pioot may be gone into: there is any evidence and ^^o'^^P ',' ^'^'^^ °^' t^'^' ^^'^- i "'I'^ther that evh lence is amine" i^l^JrV'^ T'' '''- ^ ^'^^^^ '-^"^ ' ^ '« that i? e jury am ne the other by interroga- to say whether the evidence th anfvvo;''"';'"'"!"-^/''^^^^^' ^ '^*^'"i"^^l i« sufficient '' tin anbwers to which are; 407. The jurv finds th.. mesencroT'tl"'"-^^ '^ the | facts, but mulrl^e guided by ptsenco of the jury, or in ! the directions of the judcre as ^vrltlngInthep|•othonotarv's '- ' ■ ' ^"*- Juuge a.-, office. "^ 403. The plaintiff first opens his case, and adduces his evidence.-The defendant I 408. If the iurv whpn S ^haWnl^ the'oi f '% "'^-l^-l wiXtlill'X^ct^^ Ss g' S. Inn- e he "be- rve'rdi't 'ir^'^^ '^''^ •"P"'^ if^,:. ^.. „<■. A •' >^"''^' "G- a \erdict, they must retire to ovdacf ''tI;"^^""."-^'!^ !^ ^'^'''' ^'' apart for them^ «viucnce. — Ihe plaintiff is in charge of s,\m" bo.-ljff-n u.-urwards entitled to reply. pointedVthe court oHud? regards the law. § 8. — Oft he verdict. but if he adduces evid rebuttal, the defenda ence in until they are ready to render nt may their verdict. — The court comment upon such evideucV' judge may, ho" or )\vever, in such ly of the plain- CHAP. VI, OF Tf.IAL. 63 jury, when le case, cau- case. and also durinjr the trial, permit them to depart for the night, subject to the obligation of attendinjr ajjain on the next followin.^ juri- dical day. 40}>. If the jurors fail so to attend again, tliev are liable to the penalties attached to contempt of court, without prejudice to the recourse of the parties against them for damages. 410. The jurv may, at any time, even after the summing up by the judge, but in his presence and with his per- mission, in open court, ex- amine again the witnesses already heard : they mav also ask the opinion of the judge upon any questions of law which present them- selves. 411. The agreement of nine (if the twelve jurors is sufH- cient to return a verdict. 412. If nine of the jurors i cannot agree upon the vor- j diet to be returned, the jury \ may, in the discretion ofi the court, be discharged, and another jury raav be summon- i ed. 413. The prothonotarv, af- ter ascertaining that all the jurors are present, receives their verdict and enters the same in the registers of the court, inserting their names, and stating the number of those who concur in the ver- dict if it is not unanimous. 414. When there is an assignment of facts the ver- dict must be special and ar- ticulated upon each fact sub- mitted, and be explicitly af- firmative or negative. 415. Wiien the parties ha- ve agreed to dispense with an assignment of facts, tlie verdict is general either in favor of the plaintiff for a specific sum. or in favor of the defendant. 4lfi The jurors are not bound to render their verdict until the partv demandin"- the trial by jury has paid the sum of one dollar for each of tiiem, for each day tiiat the trial has lasted.— In de- fault of pa^-mcpt by either party, tlie jury are .■ischarg- ed witliout rendering a ver- dict, with costs agr.mst the party who demandeil a trial \>y Jiiiy ; such costs includ- ! mg both the co.s.s incur'-ed j npou the trial a-.J the ralow- I ance for the jurors, to whom ! the same is paid as soon as jt i IS recovered by theprothono- i tary ; and if the trial bv I jury was demanded by the de- ifendant, the niaintifF may ' proceed according to article , o 7 1 . 1 417. The prothonotary, in the case of such default to pay, must immediately issue against the party liable for costs, a writ of execution, to be enforced by the sheriff, for the recovery of the allowance due the jurors. _4l«. The verdict must be given upon u]] the issues sub- mitted to the jury. 419. The verdict cannot in any manner pronounce upon the costs of suit. 430. The presiding judge 'I u CODE Oi. PROCEDURE, PART 11, BOOK J, TIT. I. may order the amendment of any clerical errors that have occurred in any proreeding in the cas-e before the jnn' or in the verdict— If the verdict 1 cannot be rendered by reason I of the death, illness or with-' drawal of a juror, tiie jury Jiiust he discharged, saving the right of the purties to liaveanother jury summoned. —The judge mav, however, lu the case of illness or with- ' drawalofa jnror,ad)ourn (he case, in order to give the jury tlie opportunity to reunite and render their verdict. \ ^.— Of judgment after ver- dict and of remedies aijuimt a verdict. . 4'J4, Motions in arrest of .judgment must he made with- i in the same delay, unless ! tlie party has adopted either j of the two other recourses |u;ep*ioned in the prcced- ' ing article, in which case it may be Jimde within the two days in term next after the judgment upon the former motion. 425. None of the motions hereinabove mentioned can be adjudicated upon unless the opposite party hps bep". heard or duly notified. Of motions for new tried. 43G. Th;' court mav grant . a new trial in the following cases: — 1. If the assignment of facts submitted to the jury does not comprii i all the facts necessary to be proved ; —2. If the judge has admitted Illegal evidence ;—;{. If he lias rejected legal evidence : —4. If he has wrongly direct- ed the lury upon a point of 431. The party in whose tavor a verdict has been ren- dered cannot move for judg- ment upon the same until the expiration of four days in term after the renderin^r thereof. ° 433. The motion for judg- ,,, ^r- u, ment of the verdict can onfy law -l^ be opposed by means of a ' ' motion for a new trial, a mo- tion m arrest of judgment, or a motion ,or judgment nan obstante veredicto. 433. Motions for n^-\y trial or tor judgment non obstante veredicto musi be made before lovilT'Z n f'^'^r J-'^^^'i'-iexpress^d^i;^ in review, on or before the tention of favorinir tl Ji'i'v, not If the agreeing, have set'th'd tlieir verdict by casting lots, even though it be contormable to the evidence and to the di- rection of the judge :— 6. If the jurors have accepted re- freshments from tne success- ful Darty ; — 7. jfone of the second day of the next term of such court in review foU lowing the tenth day after the rendering of the verdict and cannot l)e received after' (A!. *!>'. r^., art. 5586). 1, ...e suc- cessful party ;— 8. II he has committed any act of a nature to warrant any suspicion of partiality of the verdict ;— 9. II anything has l)een done to bias the opinion of a juror in TIT. I. =! in arrost of he inadpwitli- ilc'lay. unless dopted either her recourses the preccd- »iiieh case it ithin the two lext after the 1 the former the motions ■Mti'uied can upon unless "ty liPS hee"' )tified. new tried. t may (jrant le following assii^nment d to the jury •i^ ' all the ) be proved ; lasufhnitted ; —3. If he ! evidence : Mgly direct- i a point of jury, not ettlf'd their ? lots, even orniable to to the di- Ige :— 6. If "cepted re- he success- one of the 3ed his in- g the snc- II he has of a nature ispicion of rdict ; — 9. m done to a juror in cir.\p. vr, OF TiiiAL. r,5 mmj;_u|, llii- case in favor of 42T. The ,.„„scs inentioue.l —II. if the amount awarded nartv \vi< U., i \ • '. . "^ jurors must have been infiu- a. t,wl.o , o '^ '*."^''J"3'''''' jurors, or any of them, have 4'>.) ,V, • \.,^'li %^\ •. waf take.', b .iurn, « ^ ■(*'' f ",'" JY "•''■"' "■" sent at the time of the trial without any fault on tlie part ot the party who had sum 0/ arrest of Judgment. "lonedh'im'kndhTs'evidV.'.ce Jh^\Tl '^^^^P'^^"* ^^s a isstillohtflinnhio. A. !"-';? ?'«/'' to move in arrest of IS still obtainable; and in all <'ases where tlie merits of the '■ase could not be discussed juugment upon the verdict, whenever it ajipears on the tace of the record, that not- th. verdict is'£li^;il.;ror'de- ^^S "^"^'^ ^— -^ fective :-i8. If the writ of 43'J. Vrrc ! ''"'•'-^ /'f'Ciuj IS vvrong-lv ad- : li«s tho otVn dressed or executed, challenge of th rest of judgment n,.-v .u'^ t^e effect of annulling 01 if a j the verdict of the jury, which e arra}' or if can any juror has been erroneo no 1 ly maintained or overruled us- 1 out. onger be carried —19. If for other causes, the re 'a I CG CODE OK PIIOCEDURK, i>ART II, BOOf: I, TIT. I. #1! Qfjndfjment ^' non obstante veredicto." 433. Whenever the ver- dict of a jury is upon matters of fact 111 acconiiinco witii the alletrations of one of the parties, the court niav, not- withstanding such verdict, render judg-rK-nt in favor of the other ])art.v if the allega- tions of the forvaer part> ;>ac' not sutHcient in law to sus- tain his pretensions. CHAPTER VII. OF niVERS OTHKB INCIDENTAL PROCEEDIN(;S. SECTION I. OF CONTINUANCE OF SCITS. 43 J. When a case is ready for judgment, it cannot be retarded either by change of the civil status of the parties or by loss of the quality in which they were acting. 435. Tlic case is ready for jndgment, when the trial is completed, and the case is under advisement. 436 The attorney who is aware of the death or change of civil status of his party, or of the loss of the quality under Avhich he was acting, is bound to notify the op- posite parly; and' all pro- ceedings had up to the day when such notice is given are valid. 437. In cases which are not ready for judgment, all proceedings hadsubsequently to notice given of the death or ciiange c-i status of one of the parties, or of the loss of tt:e quality in which he was I acting, are null ; and the I suit is suspended until its , continuance In those ii.'ter- I ested, or until the latter have I been called in to continue, i 438. A suit mav be conti- ' ""ed: I. By the heirs oi re- presentatives of a deceased I party ;— 2. By a nnnor who hu'j attained full age;— 3. By , thi: bu-sband uho has mar- I ned a spinster or a widow i.pJ^r'y in vhe suit ;— 4. By a iViie who has obtained se- paration of propertv from her husband, when tlie suit af- fects her private property :— ^. Bv the person who replaces tlie party who has lost the quality in which he was act- ing. 439. The continuance may be effected upon petition, hied in the prothonotary's ofhoe, after being served upon the opposite party.— This pe- tition may be contested in the same manner as any suit. 440. If the continuance is not contested within the de- lays prescribed, it is held to be admitted, and in such c.ise, as also when it is de- clared by the court to be well founded, the opposite party may coBtinue on from the last proceedings originally taken. 441. If the persons inter- ested do not continue the suit, the partv remaining in It may : -ynipel them to do so by a ",;->and in the usual fTAP. VU, OK ,,iVEHS OTHKK l.NCK.K.NTAL PHOCEKniXflS. joined to the itxrn which is 'Ti>i'tal i- jit. 449 In all cp, whether :ne continunnce l- voluntary or ordered l^^^y *" whom '•e oath IS offered or referred a corporation, the answers 6T must he given in the manner provided in article 224 with !'egard to interrogatories upon articulated facts 447. The party served "lu, however, when he refuses to answ.-r. refer the paru. ihis IS done in writ- ing, and thereupon the partv ''''^""^•fV'''' "''♦•' is bound viti r? ''."*•"■'' ^he court, ^Mthout further notice § 2.— Of (he oat put by the courts 448. The court mav, of its own motion, order either of the parties, or both, to ap- pear and answer such caies- tiousas it deems necessary to elucidate the matters in dispute ; according to the provisions contained in ar- ticle 1254 of the Civil Code fi,nf ?.• ^''^ """"^t ""^y order that the i)arty shall ai)pear without notice, or that the rule shall be served upon him at the diligence of the oppo- i site party. ' ' SECTIOX in. • OK ni.SCONTlNDAN'CE. 450. A party may, at any time before judgment, discon- tinue his suit or proceedinsr on payment of costs. 451. Discontinuance may be effected by a simple de- claration to that effect, sign- ed by the party orhis attor- ney, and delivered into court or filed in theprothonotary'* 6 If — til 1 1 III '»""■•"'"••"■'' -'■'■*^ ■*"— -TfltHMl 68 CODE OF PROCEDUKE, I'ART II, noOK i, TJT. I. office. It hns no t'fTect, how- ever, nfrninst the opposite party uiilesd it has been served upon liim. i'i'i. Discontiiiuaneo ro" phices mutters as of course in the state in which tliev would have been, had tlie suit or proceeding not been coninieneed. 453. A party who has ef- fected a discontinuance can- not begin again unless he l)reviously pays the costs incurred by the opposite Piirty npon tlie suit or pro- ceeding discontinued, SECTIOX IV. 1 OF PEREMPTION OF SUITS. 454. Suits are perempted Avhen no proceeding has been had therein during three years. 455. Peremption, however, does uot take place :—]. When the party has ceased to be represented by his at- attorney, in the cases men- tioned in articles 201 and 202;- 2. When the party himself dies, or has changed bis civil status;— 8. When proceedings are conipulsorilv stayed by any incidental pro'- ceeding or by an interlocu- tory judgment. 456. Peremi)tion takes place against corporations and .igninst all individuals, even against minors, when thej^ are represented, saving their recourse against those Avho represent them. It does not take place against the crowii. 457. Peremption must be declared by the court, upon a motion of which the attor- ney, if there is ouf. has had notice; otherwise tlie notice must b(,' given to tiie party liiniself ^r^H. Peremption is cover- ed iiy any useful proceeding taken aftei- the lai)se of tlirep yi'ars and before the service of the motion to have it de- chired ; but it cannot be jtre- vented or affected bv any •roceedingtaken subseauent- y to the service of sucn mo- tion. 459. Peremption does not extinguish the right of ac- tion, but only the suit or pro- ceeding. 460. The court, in declar- in^ tiie peremption of the suit, may, according to cir- cumstances, condemn the plaintiff to pay all costs. SECTION V- MISCELLANEOUS PROVISIONS. 4G1. When any writ or ! paper whatever requires to i be served out of the district, I the service may, in the ab- .sence of any provision to the contrary, be made either by the sheriff or a bailiff of the district in which the court is held, or by the sheriff or a bai- liff of the district in which snch service is to he made ; but no more costs can be allowed in the former case than in the latter. This pro- CHAP. VII, OK DIVKUS OTHKR I.VCDENTA, l"H,.rKKDIN,;.S. ijrninst the visions apj)lies ulso to oxecu- tions against niovenlc pro- perty aiKl to attaciiiiKiiits before or after j udguieii t ( A' S. Q., art. 5837). 463. Every writttu jiro- CL'ediii^ in the case must be served ui)0ir the opposite party, otherwise it is not deemed to beregularlv fvh;d. — hvery notice of inscription lor hearing in hiw or upon the merits must be given bv serving a copy of tlie ins- cription at least one clear day in term, and four day^ ill vacation, before the dav hxed fur such hearing. 4G3. In reckoning^the de- lays in matters of pleadin"- or trial, the first dav ofSiMf- tember is deemed to be the next day after the thirtieth day of June ; and no partv to a cause can be obliged to proceed between those two days, witiiouta special order ol the court or judge.— A nv days between the thirtietli da , of June and the first of heptember shall, however, be reckoned in the delays of eight days fixed by articles 497 and 500. {R. S. Q., art. 5898). .fjaii. 464. Two or more judges ot the Superior Court dis- charging their duties in the same district, mav. and must, whenever the despatch of' business requires it, sit at the same time and at the same ' place, in separate appart- meats, in or out of term ; au(' each of such iudges has juris- diction for hearing and de- termining all cases and mat- 69 ters submitted to him, nn.l has the sunic i.owcrs as if he were the only judgt; sitting in :^uch place. (/,/., art. 58'J9) . •»«•>• In tlie absence of the judge from the chef-lien of ativ di-trict, whenever no .M'dge lias his domicile in the '^^ef-heu, or in the absence of thejudge from the district or when he is sick, when he nas Ins d(»niicile in the c/if^f. lieu, the piothonotarv. in vi- c/ition, may peifornr his du- ties, in cases of evident ne- cessity, or where bv delav a right mightotherwise he lost or a wrong sustained.— Vo judgment or order can be given by the prothonotarv unless notice of tlie applica". tion has been given to the opposite party, except in cases by default, and such order may be afterwards re- vised by the court at its next sitting, or by anv judge nrc- sent in the district, provided the party requiring the revi- sion hies in the prothono- tary s office, within the three following juridical days, an exception thereto, accom- panied l)y the grounds upon which such revision is de- manded.-The judgment or order of the prothonotarv cannot be executed until the delay for filing such excep- tion has expired; and after the filing 0?- the exception, the execution of sucii judg- ment or order remains sut- pended un^i? *he decision of . 'H?e- ^•., art. 5900). 466. W ._^erthesheriiris interested or personally con- 70 CODE OK I'ROCKDUUK, PART I! It, i'. I. cerned in any suit or action, any writ which ouglrt to be served by hira must be iia- iending the sale under the seizure until it is decided by the court. The prothonotary must grant a certificate in duplicate of the filing of the oppo'ition mentioned in the preceding article ; and one of the duidicates muBt be given to the officer makip.g the seizui-e, Avho must give a receipt therefor, in default of which it is served upon him at his own cost. The officer is thereupon bound to stay his n .1 if iKMHMita (4 CODE OK ..noCKOURK, IMHT n, „00K- ,, TiT. n. proceedings, and to return into court the writ ofexecu- tion and the certificate which he has received. £ *?^- ]f f judg- the dis- 3ttawa, Riche- tedford, ille and >lAce at that of in the Three- CHAI'. I, OF REVISIO.V. Rivens, Sagiiciuiy, Chieou- ™i. Ga.spe, Rimouski, Kamouraska. Montmagnv eauce and Arthabaska, a the city ofguebec. ) .*!!l" -^^''f ^■"■'''^' cannot be obtained, until the purtv dcnianduifr it ha3 deponited in the office of the prothono- t-'iryot the court which ren- dered the judgment, and withni eight days from the dateotsuchjudgment,asum ot twenty dollars, if the amount of the suit does no^ ' exceed tour hundred dollar^" or of forty dollars if tlie amount of the suit exceeJs tour hundre.l dollars, or if the review is taken in virtue of paragraph 4 of article 49 1 or if It be a real action; to- get.ier with an a.lduional sum ot three dollars for niak-i ing up and traiisniiitino- ihi- record, when the Judgment has been ren.lered el.sewnere than m the cities of Qm bee and Montreal— TI.e amount thus deposited is intended to pay the costs of the rcv^ uisne judge, or of an assistant judge, can have alone the effect of rendering a rehearing of anv case ne- cessary, if a sufficient num- ber of judges wiio heard the case remain to render a judg- ment, eitijer interlocutory or final. 504. If a judge or an as- sistant judge, wiio has heard a case, together witli other judges, is removed to another court, or is appointed chief- justice or a judge of the same court, or of another court, or obtains leave of absence, he may render judgment, whe- ther interlocutory or final, together with the other judges, as if no such change had taken place. CFIAPTER II. OF PETITIONS IN REVOCATION OF JUDGMENT. ."05. Judgments wliich are not susceptible of being ap- pealed from or opposed, as hereinabove provided, may be revoked, upon a |u>tition presented to the same court, by any person v.iio was a party to or was summoned CHAP. i„, OP OPPOSITXOXS nv THinr) pauth.-.s. the following caries : - 1 , \Vl.er(. tnuul or artifice has ;een made „se of by the J! IOMtepart3-;_2. Whenth.-vi W I.ecn roM.lerod upon lol c-unent. which havl i^en ' onl-su.sequcntly.iiscovereS to he false, or upon anv unauthorised teudol- or con^ sent disavowed after judrr. went ;_3. When, since tlun- ;«-ere rendered, d^c.uient of a conclusive nature have heen discovered which 3 been withheld or conceaicHj 0} ilie opposite jjarty. 506 Jt can be "received ??t-^ ^".'■'"g tl^e six months <^ner the discovery of the ''•aud or the falsitv.or of 1 e documents withhldd, and i' f, "flier cases only durino- the SIX months after'the judg". ment, or a notice thereof has been served. l^V^J'!te"^^"^^^»"otpre- 77 The court may also friyg J'Hlgment at the same ilme Pon the petition and upon I.e merits of the orig/ual ^u t. In all cases it adjudi- ..itesui.on the costs of' the iirst judgment, accordinrr to circumstances. ° CHAPTEf? HI. OF OPPOSITIONS liV THIliO PARTIES. 11 spend is court or y-^torstay execiuion ^; less an order to granted by the judge r,08 The attorncv who .acted or a party in the cause or 'SUit may a so represent him upon the petitioirin re- location of judgment, with- re^piiiid.""' ""''''' ''-"g eroun'rlJV'"^'"'? sufficient giou dsfora petition in re- vocation of jiJdgment, the court may renlacef hop'., .';"!: |U the same position as they •ind the proceedings are the same as in ordinary suits' interests are affected bv a .ludgment rendered in a rase ■u which neither he nor per- ^ons representing him were made parties, may file an od- position to such Judgment. oil iiijs opposition is formed by means of a pet - ■on to the court which inust (ontam an election of domi- I cile on pain of nullity, the grounds of opposition; and proper conclusions, and must e served upon the parties in the cause, or upon the advo- cate, who represented them, 'tit is made within a year and a day after the judg- ment.-The opposition iu si moreover, on pain of nullity je-aceornpanied with an affi- u-iMt of the opposant, or of ^«7^ «tl'er credible person that the allegations contain^ n?o'K^'l'''\"HH"sition are, to : the best of h s knowledU I „ '^*''- .-^"t-'pioceediugsupon opi.os.t,.ong by third parlS ' re the same as upon or- dinary suits. m WM 1; I! CODE OK rnoCEDUUE, TAHT H, HOOK r, TIT. HI. IJiKlgiTK'ntg iTiidered liv the- Biiperior court lies to the CHAPTER IV. Oy APPEALS. I court of queen's bench, as 1 hereinafter provided iu ' the ALT. An ai)pcal from all fourth ijoul^. TITLE III OF THE EXFXtTIOX OF JUDftMENTS. CHAPTER [. OP THE VOI.UXTAUY EXECUTION OF JUDGMENT.S. SECTION!. OF PCTTINO IN SECURITV. 514. Every judgment or- dering security to be given must fix the" time Avithin which sureties shall be of- fered. 51.5. Sureties are offered after notice served upon the ! opposite party, and when not I objected to, tlicy enter into a j bond at the prothonotarv's office. 51G. Except in cases Avhere tlielaw requires only person- al justification, if 'a surety is objected to, he may be re- quired to give in a clcclani- tion of his real property, to- gether nith his title thereto. Sureti(>s may in all cases, be required to justify on oath, their sufTicieucy. and thejud- ' ge or prothonotary may re- ceive and administer the' ne- cessary oath. 517. A surety may be ob- jected to :— 1. If he" has not the (jualifications required according to the title Of'Surc- tyxhip in the Civil Code :— 2. If he is not sufficient. 518. The sufficiency of a surety is decided upon the documents and affidavits pro- duced, Avithouta proof bein'j- I ordered. " i 519. If the surety is accept- ed, the bond is dra's^n up and entered into, in conformity with the judgment, and pe- mains in the i)rothonotary's office us part of the record' in the case. 530. The acceptance of su- reties is decided upon sum- marily, Avithout any petition 01 writings, and the bond is entered into notwithstanding oppositions or appeals, and without prejudice thereto. SECTIOX II. OF ACCOrXTING. 531. Eyery judgment or- dering an account must fix a delay for rendering it. 53?. The account must be rendered nominately to the party entitled to it • it must be sworn to and be filed in red liy the ies to the bench a:? Jed iu ihe CHAP. I, OF THE VOLCNTAKY KXlXiriOS, ETC. (heprothonotan- sufticewith- I'l. the delay fiked. together ^wMi t he Vouchers in supi.ort thereof. - The court niav. However. „poD motion, of ^yhich wotice ha.s been dtilv givcn, extend the delav for rendering the account. "' 533. The account raust con- tain, under separate head.s, the receipts,, d expenditure and close with a recapitula- tion of such receipts and ex- penditure, establishing the balance ; whatever remains to be z-ecovered to be reserved torasej)arate head 79 f 34. Under the head of re- ceipts must be placed all sums which the accounting party has received, and all tliose that he ought to have leceived dnnng his manage- ment. ^ 535. The accounting party oannot place under th" head ot expenditure the costs of the judgment ordering him ;> account, unless he is au- tliorised to do so by the <'ourt ; but he may charge mi der that head bis travel 1 in.- expenses, the attendances o? tiie attorney who made up the account, the cost of presen- ting and verifying it, and of Avnatever copies thereof are lequired. 53G. If the account sho\ys an excess of receipts over ex- penditure, the party to whom It IS rendered may provision- M^ V ''^^Jijand execution for the balance, saving his riHit to contest the remainder of itie account. 337. Parties accounted to are bound to tuk;^ communi- cation of the account an:i.'J. Iftho defendant fails to render an account, tlic ]>iaintifr may j»roceed to have one made oiM iti the manner mentioned in the article 52;!. SECTION III. OK SLHIiKNDKK. intrs are directed. 537. The curator has a ri OfKT. a putting 'l)t, must offered ;■ y, it must ition and be made uuietit. or lir which r legally may be maiidiug must he pHymeut be made ted in a, ic docu- iender, if itatc the 'Tcditor, esenting ig called answer, is signa- CHAP. ir, OP coMi.rr.aoKV kxecttio.v of JLD(;MK.vrs. SI -14- A ,1,1. . , !''-^l'-'^-t '" ^rhirh the '^4.. ^\ (](.!,(, H- who has ! issued, \vh( ">a.le a tender and is after- ' in sneh district o. writ is lo rnav execute if ever ,„„,,.,. „,, „,„vi'i„;';;;,,-j 'x; . , Lt t,; ;^,,;; r I'usu Ml in sum in the f,a'n- i manner as oriffinal writ. ;f eral deposit office of the pro- must be r f o .1 , /. viD.e, the production of the ! con t an n, n e i o ', It' receipt forsuch depositavails date of fh ud J to be n lien ot the renen-al of the exe<-ute,l and fix the dn - .u? ^ o'M:!t ti^>"^"""" ^^- r:"'^" '^ --tunu:.>h.:ov.';? _•::.''' V.'''^^'^)- Q., art. r/.n?,). «4:j. Moneys paid into court, cannot, without the authorization of the court, he withdrawn hv the party u-lio paid them in. — Unless the tender is conditional the par- ty to whom it is made is en- titled to receive tlie moiu'vs paid in, without prejudicin<. his claim to the remaindei" ''>44. The expense of the fl4«;. Judi,anonts can only 1)0 executetained, declaring that the former m.ay be enforced bv payment into court are borne by the creditor. CHAPTER 11. OF COMPULSORY KXECimON OK JUD(iMKNT.S. SECTIOxV r. r.KNKRAL PROVI.SION.S. 545. The judgments of a court can only be put into . 'Ji' IHS representa- tives or assigns in the other — ihit if the party dies or , changes his civil status after j execution hasconinienced,the I execution continues. ;547. Ifthe judgment docs not order a thing that is pu- rely personal to the plaintiff, It may be executed in his na- me, even after his death ; but It any contestation arises upon the execution, the re- presentat; res of the deceased party must int,«u vene. r.48. When tlie judgment Sovcre,g„ „„., a,ld,ossea to cl,^,ir%A'L:^Z 82 coDK OK pitocEnrnE, paut it, hook i, tit. hi, may use the nccossary forcR ayment need be made in such suit previous to the fur- ther execution of any other such \vrit,W'hetherin the same or in any other district. (R -S'. V-, iirt " - ■ 5914). SECTION TI. OFEXECCTION I.\ liEAI. ACTIONS. 549. When a party con- demned to surrender or res- tore an immoveal)ie refuses to do so Avithin the delay pres- ^, luu cribed, tiie plaintiff may ob- yersed tain a Avrit of possession to f'joct him and to be placed in possession. O.50. Tlie officer entrusted "With the execution of such ■vvnt must be accompanied hy two witnesses, and draAv up a minute of his proceedings. OF SECTION DT. EXECTTION IN PEKSONAL ACTIOXS. .^31. Judgments for the payment of a sum of money cannot be executed before the expiration ufSfteen days from ^,„„„.,,.„., „, ,^^-„ ^ their date—Nevertheless up- moveables of his in the dos- on an application of t/.e session either of such cXor plaintiff accompanied by an himself, or of tliTrd persons , but the sale c:innot, take place any sooner than if the writ of execution had issued after the ordinary delay. rf-t'i. In ail suit's accompa- nied will) attachment, either in the hands of t»ie defendant or of third persons, in which the defendant has only been summoned through news- papers, a judgment rendered liy default cannot be execu- ted v.-ithin a year, unless the plaintiff, in the jjivsence of and to the satisfaction of a judge, gives good and suffi- cient sureties to pay back the moneys levied, in 'the event of the judgment being re- versed upon revision, to- gether with the costs of such revision. — This provision does not apply, however, to judgments rendered for wa- ges or salaries due for the manufacture or conveyance of rafts attached for the pay- ment of such Avages. 5.53. Saving the provisions of articles 1743 to 1748 of the Revised Statutes of the Pro- vince of Quebec, respectin"- the protection of settlers, a creditor may cause to be seized in execution the mo- veable or immoveable pro- perty of his debtor, in the jiossession of such debtor, or CHAP, n, OF COMPLLSonv EXKCLTIO.V OF JLn..MK.NT.S. }f the latter do not ol.ject ; iMiit-y do. the creditor must iidoi.t a seizure hy ffamish- nicut (R.S. ., art. 5915). ^■504. A creditor uiav exor- ei-cise at tije .-^anie time the <(i»ereut mean3 ot execution ^vhjcli the hiw allows him He may cause the moveable property and the immovea- '•les to be seized under the same writ, but he cannot pro- fted to the sale of the immo- veables until after the movea- bles have been discussed savin<,', nevertheless the spe- cial provisions of law con- cerning building societies, cases of pledge, and the case mentioned in article 007 ■ and saving also the cases of judgments rendered for the recovery of rents constituted I'o"-. '' tlje seigniorial act of 18j4, and of judgments de- claring hypothecs. , *>35. Seizure of raoreahles inexecuiiontakes place under a writ addressed to the sheriff or a bailiff of the district in winch the writ issues, who may execute it in such dis- trict or m any other district J^^'^i^dressed to the sheriff, or bailiff of the place where the debtor's moveable property IS situated, ordering him to levy the amount of the debt interest if any is due, and the costs, both of the suit and of the execution, and such writ IS made returnable on a day "if lu ■' ~°""^i"" possible. —it there be no moveable property to seize, the writ may be addressed either to the sheriff or a bailiff of the 83 clJstrict in winch ju.ignient ,V".''"--"fr'''''"'' "the sheriff or a b.,,l,ff ofthe district in "I"ch the debtor has his I Uomicile.-n the creditor has i-cocived any part ofhisjudg- 'nont claim, lie is bound to I'lake mention of it on the '-ack of the writ of execution. — U hen the moveable i)roper- ty to be seized is at a distan- ce of more than nine miles • from the place, where the • ;\'''t issues, the party suing out the writ, or his advocate, may, hy a written notice re- quire the sheriff or bailiff to , employ for th.. seizure a bai- I ift residing in the locality whereitis to take place, and , he sheriff or bailiff is bound to comi)|y ; and in doing so he is treed from any liability resulting from irregularities or informalities in the execu- tion of the writ. (Ji s n art 5916). ' '' ' § '^•— Of seizure of moveables. i^!!!^^^ ^>'if''0"'t prejudice to t/u special provisions of ar- ticles 1,43 to 1748 of the Re. f^?. Statutes of the Province ot, Quebec, respecting the protection of settlers! the debtor may select and keep from seizure :-i. The be(f^ bedding or bedsteads in use bv hira and his family ;_2 Ihe ordinary and necessary ^yearlng apparel of lijm^eff and his family ; _ 3. Xwo stoves and their pipes, one pair of andirons, one pot liopk and Its accessories, one pair of tongs and one fire COOK OK rnocEDPni:, part ir, nooK i, tit. nr. shovel ;— 4. All the cookiiijr utensils, knives, for k.s, sjiooiis and erockety in use l)v the family, two tables, two'ciip- boanls or dressers, one lamp, one niiri'or, one washinij stand with its toilet accesso^ ries, two trunks or valises, the carpets or mattinj,' cover- in jr the floorrf, one (dock, one sofa, twelve chairs, provided that the total valne of sn(di tdfects does not exceed the sum of fifty dollars ; the debt- or having in case of seizure the right to choose the things that he niav retain to the amount of the said sum ; i —5. All spinning wheels and '' ■weaving looms in domestic use, one axe, one saw, one gun, six traps, such fishing nets, lines and seines as are HI common use, one tub, one washing machine, one Wiing- er, two pails, three ilat irons, one blacking brush, one broom and fifty volumes of books, all thefamilyportraits and all drawings and paint- ings executed by the debtor or the members of his family for their use ;— G. One sewing machine in the hands of tailors or milliners or any person earning his livelihood by working for others with such sewing machine ;— 7. j Fuel and food sufficient fori the debtor and his family for ' three months ;— 8. One span ' of plough horses or a voke of oxen, one cow, two pigs, four sheej), the wool from such sheep, the cloth manufactured from such avooI, and the hav and other fodder intended tor feeding the said animals r further, the following agri- <*ultiiral implements or uten- sils : one ])loiigh, one har- row, one working sleigh, one tumbril, one hay-cart with Its wheels, all harness neces- sary and intend for farming purposes;— y. Tools and im- plements or other chattels ordinarily used in his trade to the value of thirty dollars ; —10. Bees to the extent of fifteen hives. Xevertiudess, the things and effects men- tioned in paragraphs four, nve and six, are not exempt I from seizure and sale when the suit is to recover the luice of their purchase, or t/ijiv have been given in I';*>ri. (/(/., art. 5!»]7, as nni?(uird by 52 Vict., cap. oO). w'y. Books of account, ti- H<-s of debt, or other papers in lilt, possession of the debt- or, are exempt from seizure, saving what is mentioned ia article oCS. .'538. The following are also exempt from seizure :—l. Con- secrated vessels and things used for religious worship; —2. Alimentarv allowance granted by a court ;— sums of money or objects given orbc- queatiied upon the condition ot_ their being exempt from seizure ;— 4. Suras of money or pension given as aliment, even though the donor or testator has not expressly de- clared that thev shouM be exempt from seizure ; — 5. Wages and salaries not yet due; — G. All vessels, boats, and other fishing craft, tackle, CHAP, n, OP coMPn..so,:v kxkclt,o.v ok .t-noMExra. nets, sci 'H'.s, lines or othe l»iovi hshiii|rapp.iratw, and,,.,,,,. '='ib3i.su-nc;e and that of his fa- mily ^1' ''T hid fisliiii g oi)e- rations. Such cdlbcts may, honovor, bo seized ar.d sold toi their piurhase price, but not betvveen the first dav of -May ami the first dav ofVn veniber. Alimentary all..u- ances and thin;;s m-ven as alunent may however be IV debts, (/.'..v. V.,art.:>r)l8, , as^^amejuied by 52 Vict.;; r>5{). The seizure of movc- ablcs and moveablepropertv jsesta lishodbyaninve;,tnv ^ladebythesherit};orhisde- I)uty, orbyulmilifrauthoriz- edby lum to that effect or by tfie bailiff entrusted with tlie vvTit of execution. (/,/., art. 5919. 560. The inventory nin.st contain ;-l. Mention of the actual domicile of the crc- wrtot execution, its date, and Its purport :-:j. a des- cription of the things seized their number, weight and measure according to their: nature ; and, in addition, in ' the_ca.se of the seizure of a ■ registered vessel, a copvofi the certificate of ownership of such vessel, or of the prin- cipal contents thereof :— 4 intment 8a and of the uitnes.ses. in the ';ase of artiel.' .")G;t or men ^'^>'/ tl.at they cannot .S «n. y4e. Z ^ %o \ :\ . o^ ^^ 8G CODE OF PROCKDCRE. PART If, HOOK I. TIT. 111. nC'i. Tlie guardian or de- positary has a right, at the time of his appomtmcnr, to remove the property iti order to keep it in charge, and to place giiard.^, if necessarv, in the* place where it i?.— If tlie seizing officer cannot find a reP])onsible gnardian or de- positary, he mav, after serv- ' ing the inventory upon the debtor, have the things taken away and removed to a phice of safety, until he finds such gu,'\rdian or depositary.— If tlie person aitpointed guar- dian or depositary becomes, "ivhile the seizure" lasts oris suspended, insufficient to be responsible for the property seized, the judge may, upon the application of the prose- cuting creditor, authorize the nppoMitnient of another per- soii sufficiently solvent or reliable, and may order that the property seized be placed under his care, or in his pos- session, by the sheriff, after i a verification and inventory of the whole has been made *}G3. The sheriff or the i bailiff, upon an order from ' the judge, granted for cause shewn, upon application in Avriting by the creditor, may liave effects seized in the country parts removed to the nearest town, or some other place specified, in ordt.- that lie may there sell them. 364. If current money is seized, mention of its kind and quantity must be made i oG5. Debentures, i»romis- ! s_or\- notes, whether nego- I tiable or not, shares in Imnks, I or other commercial or in- j dustrial associations, and I other documents of coraraer- I cial value, payable to order I or to bearer, "bank-notes in- cluded, are liable to seizure, and may be sold like all other moveable effects be- longing to the debtor. 5cc;. The seizure of shares in any financial, commercial or industrial company or as- sociation, duly incorporated, is made by servingsuch com- pany with a copy of the writ of execution, together Avith in lilt' inventory, sheriff ■ a notice that all' the shares held by the defendant in such , compan}' are placed under execution. A similar notice ; is served upon the debtor. 567. If there is more than one place at which the com- pany may be served, the ser- vice hereinabove mentioned. ! when made elsewhere than at the i)lace where the trans- fer of shares and the payment ! of dividends may be validly made, has no effect against subsequent purchasers until a sufficient time has elapsed to allow notice of the service to lie transmitted from the place where it was made to the place where transfers of shares should be entered ; and the company is bound to effect such transmission. — The seizures of such shares includes all benefits and prn- and the , fits attached to them. must return it with .S68. The sheriff has the other moneys levied a right to demand from tht CilAl'. or in- ". OK COMPCL.onv KX.cCTiOK OK .irOGMENT: party seizing ivliatever sums ofuioaeymay he ueee.ssarv lor the safe-keei)ing of the property seized, accordiurr to tne provisions contained" in articles 847 and 848 5G». If the debtor is ab- sent, or if there is no person toopenthedoors, cupboards, I tiunlxs,or other closed places 0" it he refuses to open them the seizing officer must dmw ' 87 up a minute of the fact, and thereupon the judge, or in Ills absence the prothonotarv may oraer the opening to be effected _ by alf nec°es3^irv means, in the presence ^f two witnesses, and with such Jorce as may be required, without prejudice to coercive imprisonment in case of re- fusal, violence or other idiv- sical impediment. (H S (i art. 5021). ' ^'^ 570. If the debtor has no domicile, in the province, or tias ceased to reside with- in the district in which the judorment was rendered, the triplicate of the inventorv of seizure is left for him at the office of the protho- ^°2^JJ.>' of the court, (yi., art. ^^~'}\ I.mmediate notice must be given to the debtor, and to the guardian or depol sitary, of the ],Iace and time at which the moveables wil' be offered for sale.— If the debtor has no domicile in the province, or has ceased resid « within the district prothonotary of the court, (/a., art. 59l';J). .5T3_. Saving the exception contained m the fbllowing: article, the sale of moveablel must be published bvpostin-r and reading a notice, in a oudand distinct manner, at the door of the church of the place where the seizure ha* j 'x'en made, inimediatelv after I mofning service on the Sun- day next after the seizure- and If such seizure was not made within a parish, the pnhhcation must be made at some public i.lace in the mu- nicipahty, and the sale can- not take place before the ex- piration of eight days, reck- onnig from the davofsuch publication, and a certificate tJi snch publication must be annexed to the record of the execution. 573. In the cities of Que- bec and Montreal and in the town of Sorel, the sale of nioveables seized is advertiz- ed only by a notice, statin<>- summarily the names of th" parties, the nature of the etteets and the time and i)lace of sale, inserted in French in a newspaper puldishi-l in tiiat language, and in P:n- glish m a newsjiaper publish- ed in the English languao-e ■ and if there should be Snt one paper in the place, or if ail the papers are published in but one of such languages, to tiien the not which the judgment dered. the notice isuict in serted in both languag l^^vfn- one paper; and a d.inti ice must be in- nages in for h im at the office of th may be left of such not e m the sheriff's office fr plicate ice must be posted om the I it 88 CODE OF rnoCKOUKE, PART II, noOK I, TIT. III. I 111 1 1 time of such adverfisemcut in a newsp.'ipor, until the dav of the sale, which canno't take place until after the ex- piration of eight (lavs from the day of such puhlicatiou. —No more than two dollars 13 allowed for the cost of such adTcrtisement. (Jl.S.O art. 5924). '^'' 574. Seizures in execution can only l)e made between the lioftrs of seven in the morning and seven in the ■ evening, except in cases of fraudulent removal, and may if necessary be continued on following days, affixing seals or placing guards. 575. Seizures cannot be made on Sundavs or holi- days, except in cases of frau- dulent removal, where the property is found upon the highway. 576. If the property has been utt.ached before judg- ment, it is not necessary to proceed to a verification, 'but j It is sufficient to give notice ' to the debtor and guardian or depositary of the place and time of sale, as prescribed in in article 571, and to give the notice reqi.ired by article 572 or 573, as the case may 577. If the moveables have already been seized and the debtor dispossessed, any cre- ditor making a second seiz- ure is bound to name the same guardian, who can only be discharged by the sale of the property so seized, tho consent of all the seizing par- ties, or the order of a jud>''e 578. Tlie party first seizing, who does not proceed with proper diligence, cannot pre- vent the sale by the next seizing creditor.— If, when there is no opposition, the seizing party does not firing the moveable to sale within the delay fixed for the return of the writ, the seizure lapses, nnless the dolav for the return of the writ'is extended by order of a judge to a cer- tain subsequent day, of which order the prothono- tary must make a note in the entry book of executions. 579. A creditor who has made a seizure of the effects of Jus debtor cannot obtain a second writ of execution, un- less the previous writ has been returned or accounted for. § 'i'—Of oppositiom to the seizure of moveables. 580. A seizure of move- ables in execution may bvi contested by opposition, ei- ther by the debtor himself, or by third parties. 581. The debtor may de- mand the nullity of a seizure of moveables in execution :— 1. On the ground of informa- lities in the seizure, or of the exemption of some of the articles seized, under articles 550, 557 and 558 ;— 2. On the ground of the extinction of the debt ;— 3. For any reason of a nature to affect the judg- menl sought to be executed. — If a part only of the debt is extinguished, the opposi- CHAP. „, OF COMPl-LSOnv E.VErCTION OK .UDOMKNTS. tion 1ms the effect of prevent- ing the sale for more than is uue. 583. The execution nifiv also be opposed by any pa rty who has a right of ownership or of pledge in the property seized. - A lessor 'cannot, however, oppose the seizure and sale of the moveables subject to his claim, and he can only exercise his privi- safl "^'^" ^'''^ Proceeds of the r,83. Oppositions to the seizi. re and sale of moveables ^ must contain an election of domicile by the opposant. ! and they stay proi'edings ! provided they are accom- panied with an affidavit that the allegations contained in them are true, and that they are made not witli the intent of unjustly retarding the sale ^ut with the sole view of obi ^ng justice. I 84. Such affidavit is I 'iot necessary if the opposi- ' t on jg accj)mpanied with a judge's order to stay pro- ceedings. "^ ^ 585. Oppositions are serv- ed upon the sheriff by leaving ^.Vihira the original thereofti }^ Inch he IS bound to return into court without delay I 586. After the return of the opposition, the opposant i moves upon the other parties to the suit to declare whether i they intend to admit or t„ contest It, and in default of =uei declaration the oppo- sant has a right to be reliev- t(l from the seizure, witli costs against the judgment 89 •'•^.'•toivHilessthecourtother- wise orders. 587. If the other parties or any of thom, decl.UOOEDL-F!E, I'AUT II, HOOK I. TIT. III. <•!(' put up for sale, tlic naiiH' iiiul residence of eacli pur- chaser, and the price of each purchase. 593. The things seized are adjudp-od tolhehistandhijrh- est bidder, subject to imme- diate jtayment of the price, and in default of such pay- ment the thing- adjudged is iiumediateh- nut up again. 594. The orficer conducting the sale cannot, either di- rectly or indirectly receive anything beyond the price of the adjudication, under p.,in of being liable for extortion. 595. The sale must not proceed beyond the amount necessary to i)ay the debt in princii)ai, interests,and costs, —to thi.s end the judgment debtor has a right to deter- mine the order in which the effects are to bo put up for sale. _ 59G. The guardian or depo- sitary has a right to a dis- charge or receipt for the ef- fects which he produces, and i the minutes of sale must ma- i ke mention of any effects which have not been pro- duced. 697. The guardian or depo- sitary may be condemned, even on pain of coercive im- prisonment, to produce the property he took in cljarge, or pay the amount due to the seizing creditor. He may how- ever upon establishing the value ot the effects which he fails to produce be discharg- ed upon payment of sucii value. 598. The adjudication of movealde property umh'r e.v- ecution transfers', by law. the ownership of the" things thus adjudged.— In the ca.se of seizures of shares in any financial, commercial or in- j dustrial company or associa- tion, duly incoi'porated, the sheriff is bound within ten , days after the sale, to serve .such company or association, in till' manner mentioned in article 5(37, with a certified ' coi)y of tl e writ of execution, endorsing thereon a oertifica- j te designating the person to I whom he adjudged the shares i seized, and such purchaser i thereupon becomes a share- iiolder in the company and has all the rights and obliga- tion of one, and may require an entry to be made to that elfect, in the manner prescrib- ed by law, by the officer ap- pointed for that purpose by the company. 599. No "demand for the annulling or rescinding of a sale of moveables under ex- ecution can be received against a purchaser who has paid the price, saving the case of rraud or collusion, and without prejudice to the recourse of the party aggriev- ed against the seizing credit- or and those acting in his be- half. 600. Immediately after the sale, the costs thereof, in- cluding the pay of the ap- pointed guardian must be taxed by a judge or by the prothonbtary, subject in the latter case to revision, if re- quired. CUM'. "- OF C0MPC7LS0RV EXKCtTTIOX OK JVr^rr.KSr,. ,'~T rf ^!"^ Pfjnnent and 'listnhuuon of the moneys levied. 01 COi. The moncvs sei/ofl nr evio.l, after .lecinoting the .ha,estJ,er,.on and taxed costs miiff ^"^V^''^''''"-^'•'«■o'• sa (. to the seizing creditor, I t "0 opposition for payment liasbeoM placed in hirimmL"' t em ,n o court, to await sicii judgment as to nVht snah appertain. (^ v n art 5f)L>G). v •■ -3. y., tMedhaveijeen returned in- to nil f,^ P'? • ' '" preference dito '"'•'''''■'?"'"'*P*^'^ cre- dio.s:,say,ugthe right of a prior seizing party tor his costs, the case of the ins vencyofthedebtor, and the ^^.^^fR-ii-ileged claims. '' ,... • r.''^" ♦he moneys are i-eturned into court, as ^yelI as in all other cas^s Ihe'e moneys of^yhich an account has been rendered into CO rt or moneys other than tlie pro- ceeds of immoyeables aifto be ^distributed, and iusolyen- c\ the debtor is alleged the distribution of the moneys cannot take place until Sg creditors generally have been called m upon the order of the :ourt or a judge published S'^h languages in the Que- bec Official Gazette, requifine them to file their claims wi\h? " fifteen days from the date of the first insertion. (R, s I ««4- The claims may ho -uieoutiuasummarilal! icr, and it is sufficient f„r themtostatethename., L' opat.oii and residence of the thnmant, and the nature and .amount ofhis elaim.-lTh"' must be accompanied v h vouchers, if thereare any or "ot, ^vith an affiday.V iS tire sum claimed is lanfulh* GO.-?. The moneys are dis , tnbuted accordiJig o he ; ordei- prescribed m th!^ m. and the title O/ Merchants ■^''pnnij 111 the Ciyil Code Win the proyisions herein! atter contained. 6»«. The follou ing order 's obseryed as re-^ards L CO location of judicial cosl! haie ,— <3. Ihe duty navahl.. upon moneys leyied a d^paid nto court ;-3. The feefof the officer leceiyingmontvs levied orpaidin;_4 T)ie tees upon the report ofd tribution;--5.Tl/efeesof e' advocate presenting the dis! iuent '?? -^-Z'- ^"^^«' '"bs - (juent to judgment, incurred "i order to effect tie seizure and sale, and according to the Pnontyofdateorofmiyile! gc when there are siye'-al seizing creditors ;-the co fs ofa prior seizin£rno.-t,h''e a preference oyer" those o ■, I'^sTtTo""--^^--''-- jess, It two or more writ^ of execution issue upon ud^- ments rendered on the We 8 [ri rODK OK I'HOCKDIMIK, I'AItT II, IIOOK I, TIT. III. »1» *- «iny u^';iiiis( tlic sniiu' dcltlor tilt,' Cd.SlS tluMTOIl lUV 1)111(1 rniinirrontly. ~ 7. ('nst.s of ullixiiiu: ^J^•llls, or of iiivciito- rit'H, wlicii oidctc'l hy llic coiirl ;— ili(> pliiiiitiM' is lU'xt paid his (•o«sts of suit. (/i*. .S' v., art. Cy[)2S). <>«>7. Till' crown 1ms a piv- I'lTi'iicc over nil oiIut ci-odil- ors upon I he i)rot't«('ds of «'.\('i'iitioii against, movoalilo itroperty wliicli imdcr piirti- (>$►. The same rule apj)lies to the owner of a thing Avhich has been stolen, who would not have lost his right to revendicate it, had it iiot been judicially sold. CIO. Persons who have pre- served the right of beingcol- locatcd npoifthe price of the thing sold, by re.ason of a right of pledge or of retou- tion which they had upon .^uch thing, rank according to the nature of the pledge or of their claim.— The follow- ing is the order amongst them ; carriers, hotel-keepers, maiiilatai'ies and consignees, liorioweis ill loan for use, depositaries, pledgees, work- men upon things repaired iiy them, imrehasers against w linni the right of redemp- tion is exercisi'd. for the re- imbursement of the price and the moneys laid out upon tile propert V. r»II. In tlie absence of anv special privilege, the crowli has a i)refeience over chiro- graphic creditors, for sums due to it by the defendant. ' SKCTION IV. OK .SKIZl'llK IIV (iAUNISHMKN'T. OI'J. Kxecufion iijion the moyeal)le effects ofadelifor, Miiich are in the i>ossession of a third party, may, in all cases, and must, when such thii'd party does not con.^ent totheir immediate seizure, be effecteil by means of seizure by garnishment. — The same means must be adojited in executing upon debts due to the debtor other than those mentioned in article .5G,'). *5i;». Seizure by garnish- ment is made by" means of a writ issuing from the court which rendered the judgment ordering the garnishees not to dispossess theinselvesof the moveable effects belonging to the debtor which are in their possession, nor of such mo- neys or otiier things as they owe him. or will have to pay CHAP. u. o,.- nm-VLHouy K.XKcr;T,oN ok ju;,.,mknt.. Jilin, until the ,.„„rf Unn pn)r,uMiic..(|„p„„,liciii.ilf(.r'. 'iiKl l..«P|H.Hi„M aduv fixed' '<> . <"'■'? ' if'latt. aii.l am.Miiit nC ' !<• ,tii,M„n,t i„ satiHfartion <" wliicli It iH issiicd ; niid is Jiiorccvt.r cj,,!!,,.,! witli tlic toniialitirs of onlin.u y wHih Ot SIIIIIIIIOIIS. r.l5. Th.. rules conoorniiiir Mie sorvico ,)f ordinaiv writ^ 0Ks.nnnu)i,sai.pIytosnx,„n.H •y KariusluMcnt. Ncvcrtlio- ics8 the pruniishco cannot he con. .Mnned hy default, „». ;;f ""' ""'•'> «"' sntninons or otlier order t(. appear lias been served upon hi.n per- sona |y._l,p„„ satisfactory Pxmf t .at a KarnisI.eo con- ■ ceals liiniself in order to i avoid such personal service ' service at his domicile is held to be sufliciout.— ff the de- tendant upon the principal , •lemandlias been summoned as an absentee, the summons upon hefrarnishnientmavbo served upon him at the pro^ thonotary's oflico, but if he ; ;; . "';j ^^'^^-^ tl.e province 'intiafer service of the prin- cipal demand, 1 ' the proceedinKH bv KarniHh- ""•"•"■Ithin the same delas MH ..pon a principal den.aml. ' Rannshment is to phj^ "''■""'• HHNd debts of „i,i,.,, !'";.^ranusl;ee is debtor under •'"•''«•'"' ''"'itrol, and to J. •'""'■'^"atc in his hands all '■•""•"■eal fhin^rs. inihesano "'^"."';'; ''^ "• I'e l.ad b,.en N-mlly appointed ^uar- ,,/•"•''"'"' K'^niishee is boun of the ,.o„,., Mhich issued ";"''t."ef..rc«uch protf;o- '•"V.v, ^vhoisautbo;i/.edt,» a'• ll'<' return of the wmrnHke his declaration be- ")ie tliejudfreortheprotho- noary of the district whcrele S;:'^ and such prothlnm!: t > iH bound to transmit san.e to the court where he suit IS pendinf,^-When a -.sei/ure by garnishment is ""I'le ,n the hands ofacor- ]ZVT^ the declaration L ""i"ie by an attorney or bv H''.y- other person autf.orized tide ^T?'' l"'^«^''!bed in .nticio JJ4 foranswerinK- in- Jen-oj-atories u{,on articu- musl_ be lated facts.—N-, summoned upon the garnish- to tl everthelcs.s inent according to tl 10 oorpoiation of th sions of article 08 .— The do- pro vi- of .Alontreal, tli as e citv fendant 1^ bound to answer 1 the cit aration , tlie treasurer of y "'ay make such d 11 Oi. S. Q ec- art. 5929. !»4 CODE OK PKOCEDL-KK, PART II, HOOK I, TIT, III. i'Si.'.;' 018. The Karnisliee'8 de- claiatiop must be imide on tlu' clay iippuiiitt'd by tlio writ, or oti tin- next foHow- iiig jiiriiiioal lay.— It may be made at any time before tlic return (biv at the i)rn. tlionotarys oHiee from wiiich the writ issued, but in such a case it cannot be received unless it is accompanied with a bailiffs return, certifying' that previous notice, of at least twenty-four lionra. has been given" (o the plaintiff, of the jiarnishte's intention to make his declaration be- fore the return of the writ. C.lj). The frarnishee mn.st declare in wiiat he was in- debted at the time of tlie ser- vice of the writ xipon him. in what lie has Itecome in- debted since that time, the cause of debt, and any other seizures made in his'hands. — If the debt is not yet paya- ble, he must declare when it will be.— If his indebtedness is conditional or suspended by any hindrance, he must also declare it. — He must furnish a detailed statement of the moveable effects in his possession belonging to the debtor, and declare by what title he holds them. — The judgment creditor has a right to be present when the garnishee makes his declara- tion, and to put him any (luestions tending to prove any obligation of the gar- nisliee towards the judgment ' debtor, saving all objections which a judge, if present, may decide at once, or which otherwise, the prothonotary must note du»vn for .-ubse- quent decision the;eoii by the court. d'io. The garnishee is en- titled t(» his travelling evpen- ses, which must be ta.xed by the judge or by the prothono- tarv who receives his decla- ration, and he may retain the amount thereof out of tlie sums in which he is indebted ; and. if he owes nothing, such taxation may be enforced against the party suing out the writ, by an execution emanating from the court from which the writ issued. «!il. If the decliration of the garnishee is not contest- ed, and he has not declared that any other seizure has been made in his hands, the court, upon an inscription for judgment, ovdcrti him to pay to the ])laintiff, on ac- count or to the extent of his debt, the moneys seized, ac- cording to their sufficiency. — This judgment must be served, and the delay for ex- ecuting it dates only from the day of such service. 028. If there are several seizures at the suit of diffe- rent creditors in the hands of the same garnishee, each sei- snre has the preference over the sui)seqnent seizure, ac- cording to the date of its ser- vice upon the garnishee, ex- cept in cases of privilege, un- less the insolvency of the common debtor is alleged, in which case proceedings must be taken upon the first seizure to call in the credit- •■"•^'■- "• "K CuMnxsuKV KX.crr,ON OK jroOMKNTH. 'I'M, in tlu! nianiior provide.l "! article R.8, au.l the ku,' '"'^IKMH in.sMcl,case,a^e(;o„- •^t^^rllll(•.| to pay ijito court the ;"»"U"t.s they ack.iu,vle.lcr<. (o owe. "^ 6««. ff the monies, or other tnnf;-,,]uehythe garnishee, .10 only payable at a future tune, he may l,e cou.Jemne.l ^o (».'iy thotn when such time 'inives, an.l if ihev are due ' U'Hler oon.lifions Which are' ;;;•' jot fuIflUed. the com?' "'(i.v, upon motion of the ' «o.'>'-inp party, maintain the r.n'uWno.l'^'"" "'""""■"' *l'^-i. Garnishees, who do J'ot make their declaration '" nie manner hereinabove prescribed, are condemned as JX'rsonal debtors of the sei/- "'.'? If rty, to the payment of Ins cla.m.-They may, how- over, obtain leave to make H"'»rdeclaration at anytime ' ovon after judgment,' upo' ' I'Myment of all costs incu/red l-y their default. {R. ^ n Hit. 59J0). ^ ^•^• (thousand dollars, and one- I third or every salary cxceed- M'lg two thousand dollars per annum ; -3. Contingent emoluments and fees due to ecclesiastics and ministers of worship, by reason of their , actual services, and the in- I come of their clerical endow- ment ; ~ 4. The salarv of sofcioul teachers ; — 5 ' The wages and salaries of work- men and laborers (operarius) paid by the day, week, or month, including those who ! 1: r»o CODE OF PHOCKDI'nK, PAIIT II, HOOK I, TIT. III. il i Wl 11 jiorfoim mnminl labor in fnc- toru's, and woiksliops, to tin- extent nf tliice-fuuitlis there- of. Hilt in such case the nttnchnieiit hy parnishment holds as lonp as the contract or enpafrement continues. — The (ither creditors who have jiidpments aj^aiiist the debtor, upon filing a cojty of biich judtrnients in the oilice of the prothonotarv, in the recorti of the ease, are jiaid concurrently with the seiz- in tr creditor. — Notice of the fyliiip of such judgments shall be given to the ])arties intercste(l. — The proiliono- tary shall determine in a summary manner upon the writ or upon a sheet annexed thereto, the amount comiiig to each of the creditors of tlie ]tarty seized upon pro rata to the amount of the respective claims, saving the case of privileges. — The garnishee shall on making his declara- tion, deposit the sum which he owes, and if the defendant continues in his service, such garnishee shall renew his declaration every month and deposit it in court. If he neglects to make his declara- tion, he may be thereto com- pelled by a judge's order. — If the defendant quits his service, the garnishee shall make a declaration thereof. — The moneys seized and paid remain in the hands of the prothonotary who pays them over to tlie plaintiif and the other creditors on their demand, three days after they are deposited if "there are no oppositions. — The declara- tion of the garnishee must he made without costs except travelling exjjenses if thcrtr be any, and it may be con- tested in the orditiarv man- ner. (A'. S. (,»., art. ,''.!t;{I). i'>'Ht. If a garnishee declares that he has in his ])osse3sion moveable effects, the judg- ment ()rders that they" shall be sold and the garnishee is bound to deliver them to the oflicer charged with selling them. — If the garnishee has in his hands negociable ])aper or titles of debt payable to bearer, he may be condemned to deposit tlu'm in the pro- thonotary's oHice, or to de- liver them to a person named by the court, according to circumstances. G30. The proceeds of the sale of such moveable effects are afterwards distributed in the same manner as other moneys levied, under execu- tion against moveables. (531. If a garnishee declares that he is not indebted, and he cannot be proved to be so, the court orders him to be discharged from the seizure and condemns the seizing party to pay the costs. SECTION V. OF EXKCUTION UPON IM- MOVEABLES. § 1. — Ofthe seizure of immove- ables in execution. crs. The seizure of im- moveables can only be made III. ' flccliirii- I't' ninst !)(> 9t3 except ;9 if them y be cori- inrv man- . men). '0 declares jjossession tlie judpr- tlicv slmll firnisliee is litin to the til sellinpf iiisliee has able ])npei' )ayable to oiidemiied » the pro- or to de- ioii named lording to ■ds of the ble effects iributed in iis other Icr execu- ibles. ?e declares -'bted, and id to be HO, biin to be lie seizure e seizing ists. CHAP. U, OK r.,.M..L-I.SOUV KXKCfnoN OK aun.iMK.STS. ')fimmove-^ lion. re of im- )• be made ngai.ist the judgment debtor, «ml hemust be, or be repnti <"i to be in po=ise.s.sion of the *r or testator thereof, or : ''.V law, to be exempt from ' seizure. — Constituted rents' representing seigniorial dues are .seized and sold -a iti, the i<;rmalitieH prescribed by the ' act 27-28 Vict., ch.;{;». ^ (533. The seizure of im- moveables can only be made with the same formalities as writs of execution atriiiust moveables, ordering the she- nf f ." ' i":-*-' ^''''* '"'moveables ot the defendant and to sell tnt'in in satisfaction of the condemnation pronounced against him in principal, in- ei-est and costs.- The date of tie judgment must be insert- ed m or written and certihed •ipon tho writ, under the 8 irnjifiii..! ^f ii, . _ 1)7 Signature ot the prothono- 'egulate the sale of immove- ables tor the payment of municipal taxes and assess- ments. «34. The writ is addressed to the sheriff of the district iii which the immoveables debtor are situated, alid is executed by the sheriff him- A-'fe,°"*^"^'''3o»i^ers. 03., When any of the im- moveables 10 be seized i. !; Ity^i^ ^^ raore than nine miles from_ the place where the writ of execution issues, the sheriff, upon the written •iemaiidof the creditor or of his attorney, is bound to em- P.I'H' for making the seizure, file publications and the ad- judication, such bailill resid- I'lg 111 the locality in which t le immoveable is situate as the creditor indicites, uiid in •■^iieh case the sheriff is dis- •'larged from any liability i'e.-iiilting from th,. acts of such bailiff, and the seizing creditor becomes aloiii' res- ponsible. The seizing cre- ditor, in order to avoid costs, may also undt-rtake the trans- mission of the dociimrnt^ be- longing to the execution, and the baihtf is bound to return them to him, and on doing so IS discharged from any consequent responsability.^ 1 he other provisions of arti- cle 5jr> ajtply likewise to writs of execution ajrainst immoveal)Ies. . «3G. When an immoveable 13 situated partly in the dis- fnct ill which the judgment was rendered and partly in another, it may be wholly seized in execution, in the same manner as if it were wliojly lu thedistrict in which -the judgment was rendered. G37. ijefore proceeding to seize immoveables, the seiz- ing officer calls upon the defendant to declare and specify his immoveable pro- perty, except the case of im- moveables surrendered in a .suit, and the eases mentioned in article (j4I ; and upon his failure so to declare and spe- city,the executing officer may seize the property in posses- fiiP^^ x>S COnr OF PROCEDURK, FART II, HOOK I, TIT. Id sion of the defendant, at the risk and peril of the latter. C38. The seizure of immove- aWe.s is recorded by minu- tes, which must contain: — 1. Mention of the title under which the seizure is made; 2. Mention of the defendant having been called upon, as required by ihe preceding: article ; 3. A description of the immoveables seized, in- dicating tiie city, town, vil- lage, parish or township, as well as the street, range or concession in which they are situated, and the number of each immoveable, if there exists an oflicial plan of the locality ; if not, it must men- tion the coterminous lands. If the property to be seized consists of mcorporeal rights, such as rents, leases, or other real charges, mention must be made of the title under which they are due, with a description, as above men- tioned, of the real property charged with the same ; — 4. Mention that the minutes arc made in dufjlicate, and that one duplicate thereof has been delivered to the judg- ment debtor, either person- ally or at his actual or legal domicile. C39. The seizing party's domicile is elected at the sheriff's office, without its being necessary to elect an- other, or to mention it in the minutes. G40. The judgment debtor, as well as his seizing creditor, may cause the ground rer.is and charges upon the im- moveables seized to hv men" tioned in the minute- ; but i it is not necessary to miiition rents established in rcdiuip- ' tioa of seigniorial rights, and any oppositions filed for that puri>ose cannot retard the sale, but must be returned by the sheriff, and no ccjsts can be obtained thereuu by the opposants. C41. Xo minutes are ne- cessary in suits instituted by building societies for bring- ; ing to salo the immoveables subject to their hypothec or right of pledge, nor in the case of article DOT. I aia. When the sheriff ha.-^ seized an immoveable upon a defendant, he cannot seize it again at the suit of another creditor, or of the same cre- ditor for another debt, as long as the first seizure sub- •sists ; but he is bound to note any subsequent writ of exe- cutiou as an opposition for payment upon the iirst writ ; anci in such case the first seizure cannot be abandoned nor suspended, except in con- sequence of oppositions ap- ])licable as well to the seizing creditor as to those whose writs of execution have beea noted as oppositions, or with their consent, or by an order of a judge. 643. In the event of the seizing creditor abandoning the seizure, or receiving pay- ment of hi.H cl.iini; the sheriff is bound to continue the pro- ceedings in the name of^the seizing creditor, and at the cost of the judgment credi- CHAP, a, OK COMPCSORV KXECfTIOX OK ..O.MKXrS. tors M-hose writs have been or tlie noted, in order to satisfy tlie 99 >'acation order of a judge I . ' , '■^ »-»«i'tioi y Lilt' claims ,si)ecified in the subse- e*? Ti.n i •«. quent writs of executionV f„re I'l!'^^-'''" '"''^y' be in provided the seiz I Sir'''""^»-'-:-K,';s f izing immoveables 'l|;« 7as ^ exact from the p^^^ iisite tor- nInn-.o ♦! . H»ri_v «44. From the the SI . . - . whc «Tit III his hand,- ini of four doll Ian The alienation avails, how- So n/- ^ ever, it the seizure is declared ' -~^y <^Kivertisements. «^d tSr i^e'^: ^:f ^!^i, «*«■ Ti.e sheriff is bound rJ>aser or the debtor ifa!; Offid J rl''^/"- ^''^ ^^^^ into the hand of the sherif^ am p'^,9f'ff^<'' '" ^he French a sufficient sum to discharge < senam ?'r' ''^"^"''^K^'^. three ti.o claims of any ciS- f^yZ at "' ""''^'^'^ ^he tors who.se writs of cxecu- t^Lf ''? '"^"^hs from |on have been noted and ' tionJle ?nV''V*'''^' I^"^'^^^^^ he amount thus deposited sei/^H '? *" of "nmoveables IS forthwith paid bVth^mnff;".^^' ^''^'^'ti^ sheriff to. the creditors e I^ r V^^"^^'" =~ 1- Thenum- titled to it. ^'""'^ '"■ I r "V r ''^"-'^ ^»d the na- .645 The immoveables 'ZL o ' V''"h ^^^<^thery«',7' seized remain in the posses^ name, L 7''^''^'' ' -2. The s.onof the judgmentibtori Stiff in T"^'"^ °^ t^''-' until the adjudication — RnJ ' ', '^""'^ 'n the suit, or if if the .sale iV prevented ,?v .^^^^^^ plainti/f , < any oppositionf "thrsd ii^^ ' i^ Tf^lJ-? of th 'fi^st namej creditor may, according to on tI.«lVi' "^^h an indica- circum.stances, and in ^tle 3 Tl *''*-''''' '''''' "^hors , - discretion of 'the court or i of the ,lT^'' ^"•'^ ^"'•"«»'o judge obtain the app^N i or if t f'''^''"^ '" ^^^^ «"'', ment of a sequestrJtS? to "fTn. ant . ^T ■'"''''^ ^'- receive the rentl, issues and I th .. 1 '« ^. ''^^ignation of profits of the i^moveables vrit wiflf!;''"^'^^^ ^'^ ^''« iR' S. Q, art. 5932). tholl „V Z^" '"^^'«ation that 64G. Thejudgmeit debtor i Por d^f?^'r''r-^^^^'^I'''^'"- cannot, nor can any otlS a tuh., n T^-*""^ ^-^ acting as Per-son, cut timber in t IH. n ' ' l" "1'"^! ^^ is .surti- property seized > or ill illly iiio- Ci cient to state that ! !« !3 act- iiannei^deterio^^te h an 7 i ^Lm. n h' H' *'^^ "'''^^ on pain of being imprisoi ed ' lon^-l]f^l'% ^^^^^^'^^ Poi tor a term not excecdinTsix ' n^nC. "*"* '^'''^'""ting th, -nths, under a rule of !oZ : "S^^ T^^U^ i| m '• f 100 CODE OF PROCEDUIIE, PART II, BOOK I. TIT. III. V I ables, or of the rents, as the ca.-^e may be, as inserted in tlie minutes, of the charges tliorein mentioned, and of those also wliicli the seizing party has requested in writ- ing to have inserted, and mentioning upon which of! the defendants the ])roperty is seized : — 5. The time and ; pUice at which the immove- ables or rents will be put up for sale and adjudged; — G. The date at which the writ of execution is returnable into court. {K. S. Q., art. 5953) . G49. The advertisements of ' sherin's sales must be printed ; consecutively and be pre- ; ceeded bv a notice according j to form 34 in the appendix to this code, or any other form of like effect. 650. The sheriff must also, the seizure is made in a parish, cause the advertise- ment prescribed by the two preceding articles to be pub- lished and posted, on the . third Sunday before tlie day fixed for the sale, at the door of the church of the parish iti Avhich the property seized is Bituatcd, immediately after morning service G50a. So soon as the sheriff has made a seizure of an im- moveable, he must notify the registrar of the registration division wherein it is situat- ed, by sending him, in a registered letter, a printed copy of the notice, prescribed by article 648. (A'. -S. Q., art. 5934). G506. In addition to the publications and notices which he is Ijound to make, the sheriff, when no opposi- tion has been made to the seizure and sale of immove- ables or rents, or if made, has been disallowed, must cause to be published in one issue at least, of some ne\ys- Tiaper nearest to the locality where the land or real rights ' under seizure are located, a notice briefly detailing the particulars of such sale. (/(/.). G50C. The omission to com- ply with the provisions of the two preceding articles does not invalidate any pro- ceeding in the cause ; but the sheriff in default is responsi- ble for all damages which may result therefrom. Ud.). G50r/. When the seizure of an immoveable ii annulled and the judgment creditor is condemned to pay the costs thereof, the expenses of the seizure and of the cancella- tion of the notice of seizure are borne bv Idm. {Id.). G50e. The protonotary is bound to deliver to any per- son demanding the same, a certificate of the release from seizure ot any immoveable that mav appear by the re- cord of the cause m which such seizure was made. {Id.). § 3. _0/" opposUions to the seiziire and sale of im- moveables. C51. The sheriff, in the ab- sence of any consent on the part of the seizing creditors, cannot stop the sale of im- III. \ notices (1 to make, no opposi- ade to the of iminove- w if made, iwcd, must shed in one ^ome news- tlie locality ' real rights > located, a (tailing the isale.(M)- siontocom- rovisions of ng articles ito any pro- use ; but the is responsi- lages whicij from. Ud.). le seizure of ia annulled it creditor is )ay the costs lenses of the he cancella- ce of seizure n. {Id.). otonotary is r to any per- the same, a ! release from immoveable ir by the re- ise in which smade. {Id.). siiions to ih c sale of im- bles. ritt", in the ab- insent on the iing creditors, le sale of im- CKAP. ir, OF COMPULSORV FXECL'Tlnv , moveables, e.copt .„ ''''^'^^ '^ ^^-o.^srs. roi i-to court. """' "I'Lositions i ,l,e co S^ "j ,,''^''-' f?'' cas'e proceed' wfth' So '" le ' '^'" '^^^'^''^^'on. to ..«,, court""' 'ir" °''^«'- f'-'^ra ihei 6.7 T. the'o,;;nfe^"'.^'^^^^^ when Lo'i^'^.rilP^^^): ^vl loeo ini- opposition is fbun ed T''^^'^'' °'' ^e"ts a eTei^d" J'Pon grounds which only 'o ,T^ PPP'^^^ the to reduce thfi nm«.. J. "y.^^ the sale tiuTPof ■ 'fee the amount claim seizure or tiiereof, whether h opposition be fo IH utided oil 102 COOK OK ritOCKKUUK, PAllT II, HOOK I, TIT. III. matters of form or on mat- ters of substance. — Third ]»arties may likewi:?e file similar opposition.^ when they iiavc an actual interest therein. Of opjtosiliouM to withdraw. C,r>H. Oppositions to witli- draw may be tiled by third ])iuties \vho claim as their ])roperty part of any immo- veable or rent under seiznie. 0/ ofipostlion^ to secure j chargea. j I cr.O. oppositions to secure charges nuiy be tiled by a thircf paity when an immo- veable under seizure is ad- vertised to be sold without mention being made of some charge with which it might be discharged by a sheriffs sale.— Such oppositions are unnecessary and cannot be received ,—1. For the mirpo- se of seciu'ing servitudes , — 2. For the purpose of secur- ing dues or rents created in the place of seigniorial rights. Of oppositions to char-c has "seof'^'^"''^^'^'-^-tthe" tauce so.ne party to the »»'». Ihe court or jndo-p may also order such denll? o;- payment in any case Xrr ti?.^f ' /'^^^l«'-^'s ui)ou oath t at he, s credibly /nformed, and believes that the partv seized upon with a view "o •etard the sale, will caiJtlm immoveable to'beadj'S ofl S^'^'^ art. 5839). t>80. In any case wherein 70 resales upon fa se b5i ouft^r-'f^" ^'^^It a?S^oi^.™SerS Efbe'^^^^'^.^^-^Obffi ior» -vW-' " """' equa to ono ^inrd of the debt due to th; n e oft rnn-^' ^^ Pnncipal uierest ana costs, but not nn^"^'^'^ exceeding four l^undred dollars, (/c/., 5940)! 1 in the three prec<..|i,Mr ,.,.. •^^ the oflice!- coudi u^fi' ' r-ou au&!;^:5' r's bid. ' '"^ previous of£' In', ''r''"' °'- «tIior ;^i"cei conductiiiir the t;.ii.. chase monei- ' P"^"' an^^m J^''"" adjudication of •*" "nmovcable rjinn,^>f u 686. A person who haq o't^henfh' '^/'•°^>^' '- ''- sheriff b'il!^ *° ^'"'•"•«h the with tL '^^"^ three days, ^vith the names, quality and h 106 roi>K OF pitocKoruK, I'AiiT :\, HOOK i, tit. m. :i^ residence of liis juiru'ijmUaiitl liirt power ot attorney, or a nitification of his liid and piircliase ; in default where- of he is hehl 4o iiave ]inr- ciiased in hi-i own name. — He i,s likewise iield to have imreha.'sed in his own name, if the person for whom heaetod is not known, cannot he fonnd. is notoriously insol- vent, or is incapable of being purchaser. (587. The purchapor is bound to pay the purchase money, or the balance there- of, within three days, after which delay ho is bound to pay interest. (588. Nevertheless, the plaintitfor any other creditor Avhosc claim is mentioned in the certificate of hypothecs hereinafter mentioned, or who has filed an opposition in the hands of the sheriff, may, on becoming purchaser, retain the purchase money to the extent of his claim, until the judgment of distri- bution, provided he furnish the sheriff with good and sutticient sureties for all dam- ages that might result to any party interested, in the event of non-payment of such sum as the court or judge may order such purchaser to pay into the hand of the sherift". {R. S. v., art. 5941). 689. Upon payment by the purchaser of the price of the adjudication, or, if he is a creditor, of so much ttiereof as he is not entitled to retain, the sheriff is bound to give such purchaser a deed of the sale made to him. — Such deed must contain: — 1. A designation of the writ under which tiie sale took place ; — 2. The number of the cause, and the names, surnames, additions and residence of the parties; — 3. A descrip- tion of the immoveal)le seiz- ed ; — 4. A statement that all the formalities prescribed by law have been observed; — 5. The time and place al which the property was ad- judged: — tj. The conditions of the sale including those mentioned in article 7u7 and 708 ; — 7. A statement of the price at which the property was adjudged and how it was paid; — 8. A conveyance of all the rights of the judg- ment debtor upon the im- moveable. G. — Of rei^ah for false bidding/. GOO. Upon the sherifl"3 re- turn that a purchaser has not paid the whole or a balance of his purchase money, nor given security when he may lawfully do so, the plaintiff may demand that the im- moveable of which the pur- chase money thus remains due be resold for false bidding upon the purchaser thus iu default. This is done by a pe- tition served upon the latter with the delays required for ordinary summonses ; and if the purchaser does not reside or has no domicile in the dis- trict where the adjudication took place, the service may '""•"■"'■'■'""■^•■'»'"--..XBc,T,nx„K .,„,;„„,,,. loaey, nor >>oefltc(o.lattlKM)fHceoftlio ;rom wluoh th. seizure 1^ „ee. ' ««>«. Tlie proceedings upon an application for refale fbr *;; «e buhUng are .nmnuuy, .in'tWer is liable for all dam! ages and intere.st accruing to l^conditions as that «»6. Resale for false bid- ng can only take place upon .1 \ ut of venditioni exponas ordering the sheriff to Zl c.x.1 with the sale upon suet conditions as are fixed b jcct to the formalities men- tioned in article 663, and n^u^^t contain a sumnmry of ;be judgment ordering the resale for false bidding.^ § ^— Of the return of writs of execution. 697. The sherifi' in whose handsavvrit has been placed J" order to the sale of the mmoveables of a debtor, is bound, on pain of being lia- befo, all costs and damages, to return such writ on the tlay appointed, together with ingg, the minutes of seizure, dli J r •- ■ I 108 CODK OF I'UOC'EDDIiK, I'AliT H, liOOIC I, TIT. III. Ill h a duplicate of the advertise- ments, with a certificate of their publication and of the oral publiciitions, the minu- tes of th(! bidding, the con- ditions of sale, a statement of his fees and disltursements, taxed in conformity Avith ar- ticle 705, the certificate of, liypothecs charged upon tjie immoveable seized, and all oppositions and claims placed •■ in liis hands, or writs of exe- cution which he has noted as oppositions. — If there be a return of nulla bona it must be made forthwith without waiting until the day fixed for the return of the writ. — If the debtor is an insolvent! trader, the moneys must, on ; application to tiiat effect, be i given into the hands of the < assignee lawfully appointed, ' together with the certificate of hypothecs. 698. If the sheriff has been ' iinable to procure a certificate of the hypothecs before the day fi.xed for the return of the writ, he must mention the fact and file the certifi- cate afterwards as soon as he obtains it. 699. As soon as immove- ables have been adjudged, the sheriff must procure from the registrar of the registra- tion division in which each immoveable is situated, a certificate of the hypothecs charged upon such immove- able, and registered up to day of sale ; which certificate the registrar is bound to furnish on payment of the fee established by order of the Governor in Council. — The word " hypothecs, " as re- gards this certifiate, includes privileges and all other charges upon real estate. 700. The certificate must contain :— All hypothecs re- gistered against the property, as soon as hypothecs shall be thus registered, when the l)lan and book of reference shall be in force in the regis- tration division ; all hypo- thecs registered against' the parties who, during the ten years previous to the sale, were owners of the immove- able ; and all such anterior hypothecs as were register- ed anew during that period. — It must also contain the date of the act registered as creating or evidencing such hypothec, the date of its regis- tration, the names, occupa- tion and residence of the creditor and the name of the notary or notaries before whom the act was passed, if it is notarial ; it must speci- fy, when several immove- ables are seized which of them is affected by each hy- pothec, mentioning, as x-e- gards each hypothec, every partial payment registered, and the amount in prin- cipal and preserved interest which appears to be due ; and if the registration of a hypothec has been renewed, the certificate must mention both the registration and the renewal. — But the registrar must not include hypothecs which appear by his books to have been extinguished or CHAl' '^^'^■^0«PCLSonVKXECL-T,O.Vo....OMK,,.H. ^vliollv .iisflmr^od ; and ,•„ searcinu,. fb,- the l/v,„.thc " tl'C rcMr.strar m„st' not r' title, u sal,, ni f.ankrin.tcv or or a sJicnff ^ ^^^i . )u< gna-Mt of confirmation ui mie w.tlM-oKani to the im- " "'^" '"^s been roff stered • arc ot by such means dis- Jf there IS no Hypothec rorris- tered or if all the i.vnothecs repistercHl appear to liaVXen fiting.nshed or dischar4d ^^-.uststatesoinhisce^tl:, nor:^o;:tii;r.^^a-.,-j and documents in his office { wha persons were owner of' the immoveable during Jhe ten years which preceded the sale, he must diligently en- 'luireofthe neighboring pi". I pnetors and other pe^ons | well acquainted with the property, and such persons are bound to give 1 irn ?n anting and underoah such' ss'r;?° Tsr'"^'"'^ p«^- cbseu or. I he registrar, in he fS''^'^''.' '^"Bt mentioi" the information he has thus et^T fact'^n' ^^'^^ ^^" *''^^^ ^very tact upon Avhich his certificate is thus based s attested by two witnesse.; Whose affidavits, duly sworn to before him or any Xr competent officer, are annex- I ed to such certificate. ! 703. If the immoveable in) lOD I question M-as, during the ten "^'ither the book-. '''".'^'' -'•1 >^^'''' "f' I Jivishm " J ^^.i^'f^"^^"" hi^i^'if-r^^-tei'^tii;^ :;"l^^tf;rSi^^-^;S- via "y "' .''cgistration di- vis on a certificate of all hv , lothecs registered whui L county or registration di i^ion and the latter ?egt t'-vi 'kewise 13 subject tot .. P'ovisionsofthetvvopreced '"g articles. preced- IboS'^ofif'' *^'^ P'"» a»fl depo.hed fn''''' ^'^^'« '^^^» i^ [»o.ited m any rejristrv o/hce, conformably o 'the provisions of articles 2168 ^169 and 2170/. of the Civil Code, the Lieutenant-Go. •00 incn "^7' ^^ ^'' «''der I'l council, change the form .^f certificate to be given bVtl?/ I is bi:?.V^*^''>^.^"cl^ order oVca r!*^ *f ^^'' Quebec !|cttSrd%:;^theX^ th rem named provided su?il ?nt^at?e°^i- .ItaS of such order. (H S O irl 5943). ^ • V-,art. 704. In the case of resale 110 cor»i8 Of '•ocEDfHB^ PAirr ii, book ; tit. hi. if I' tor tiiltif l)i(l(liiig, Uitt liififkff mrt'd not obtain a certitii a If of hypothecs if one has al- ready been filed with the re- turn made ni»on the hrst yale. 705. The sherif id allowed out of the moneya which he has levied, all costs incurre(l hy him lo ellect the yale, and ail fees Ixdonging to his office, after they iiave been taxed by a jud^e or the i»ro- tbonotary, and the costs of the certificates of iiyitothecs ; and he nlo^t hold the balance subject to the order of the court. ,8.- 'f the efect of the uneriff^ s sale. f- 706. No adjudication is per- yciii until the price is paiy44). 7lli. A copy of tl'.e deed of sale and the certificate from the registrar mentioned in article U55, must be de- posited with the liquidator. Uil). 711c. Notice of such depo- sit, with mention of the tia- mes of those who possessed the immoveable during the last three years, must be given, during one month in the Quebec Official Gazette and be read and posted at ihe place and in the manner ii ■ itio»'e"l in article 952, on '»e p-c*jnd Sunday preced- . ig lae delaj? for bidding h-iemafter me '.loned. {Id;). •IfAl- ". OK rOMHM.SOra KXK, ,;T,n.V OK jror.MENTs ,,'":/•„ '^'inn;? (1,0 fifteou l'n>folIovviri^rt|,c lastinsor- tiori of (|„. notice in flu- (i»i- nal (.ii/.etto, any rroditor oj' tfio coinim.iy i„ lif,„i,!utu>f. and any person liaviiiK ln-po- thocary or red ri-l.t* .••, oi, he nnmovoul.I,. ..,1,1. i.Ue thonphtto off- :,, incroasei over fla. j,urc{iaM- price men - tJoned in tlu- dt-o'l of <,ali. I 111 1" rovided such increase be at ast one ■ ■ - '- "I price and tliat tho hi.idcr offers I.eside to refund to the purohnser his costs and law- ul disbiir.^ements, and uives I'lm forfhatpnrpo.se secnri.v in tlio ordinary manner or de- posits a sum sufficient for tha purpose in the discretion of thecourtorjndjre, reservr- lug tlie subsequent comole- I 5 Q nfti fi/>rt f tr^ «i,- *• ." " ' '^ -^^ 'S iiubic tbe highest bid olfcid (/< ) ' "stoma,? d^' '■™'°" f "°''"" n^^^t^.ix's;;?;-" s^; ^ S ■ "^"'^^^.M^t-: fice was cmploved, with the knowledge of the purchaser' to keep persons from biddin• V*., art. 594G). 731. \o costs are allowed Jl'o opposant upon onnos tu.n.storthoj,ay'ment?t^, : ani:;;:^^^'-"-tionedii 733. All oppositions for pay- ment must contain an ele'c does not ostahlish ?he ev?s nrn 1. ''-l ^' l"*^Pared 1 y tlTe their ^,S^,--^-^^ to I amount of his claim! "' ^ ^^~ ^ (collocation and (he ^^^^^nbution of moneys tlJ^twpS>r'7^''"''^thand ^MJoit the same. — If \u^.„ f «';., the sheriff h , s' te'i" "nab e to return t ? flcate„f„,,Se™,' o,5ok'v 113 oppo.^ant, the amount leyied Jl'e person in \vl.n.ears upon all the moneys' Je distributed, or only i,)o\? I'e price of a particula • C- ;rnoveabe, or Part of a, m- injoyeabh the-nature of ^ cla'ra and the date of the tit! land of its registration '^^ «37. [n preparing the re- port <,f distribution Uienro- to the apparent rights of the paries, as shewn In- the cert I \;;f ^^ o.n.ypothecs ti ed 1 '; ''J''im'a'r'^V'^'"PP"^'tion^ ic.aim.^aud other document'? orming part of the r "cord and in conformity with the rales contained in th ii'' i Code, in the title Of Prici leges and UypoUiecsUnX Of RegiHraiion of real TiJ{ -l^wUh those hereiu^^^ owing order:-!. Co^ts of tlereport;_2.Commis on on amounts deposits, anS tax upon the amount leyied 'f.anv- 13 due, and cos s of «e.^nroandsale,ifthr;iaye ot been retained out^fthe , nuinejs leyied , --3. Costs i (curredupon the wrh of ''" I oution against immoyeablefi' '^"^I such as may remain ; "e upon the discussion of tliemoyeables,-4. Costsnf cancelling hypothecs, or of i i 11 : 1 114 COl E OK PROCEDURE, PART II, BOOK I, TIT. HI. establirihiiig tliat tlioy are extinguislu'd ; — 5. Costs of affixing seals, aud of making' any inventory required by law ; — 6. Costs incnrrea, either in the court below or in appeal, upon itroceedings incidental to the seizure ants pi-eserved hv i'e^ls! tratior, of a claim are coTlo- cated iii the same rank Avith wtiich the mim-> al,U. was ad,ndged.-A creditor vl o! J claim IS registered is collo- ca ed in the sanie .u^t *neh ta.xed cost.s onlv, as are incurred in the court in -Inch he originally ;S,^ judgment for the recovery of l"s claim. His costs in appeal rank only according to the date of their registi-alio,'.' 4.i.j. \\ hen several im- jyeables. or pieces or pircds or and sepaiatelv charo-ed ;vithdi/ferent claims ais'^Id for one and the same pi-ice — ■«hcn a vendor's claim comes in concurrence with a ''"'^,7,«Ppvn-lege;or-when .creditor has some pi-eferen- tial claim upon part of an mmoveahle, by 'reason of improvements or other cause- -and tlie disposable moneys n-e insufficient ;-theprotK! fai\, if the recoi-d does not attord him sufficient data to i mseJf, must suspend the •ac s to''/]" ''"'^' '^''^''t ^l>ei acts to the court or judge. ^^^- >>■ Q., art. 5948). 1 ofon^enfir^'^.'^J'J^^'^^tion or one of the parties in terest- 115 :o 'eiti"'^;''■•'"''^^• ili 1 he n, I- ' ^" ^"^ »'»"»?d '" ,""^ ofdinai'v iiiaiiiier in "■•der to establish t he ' ■4'^ ■^IX'Ctive vahies of the im fnoveables. pieces of land r ■niprovements, and tie ' I-nion.vhich'sh;:^I^'\;: lotted to each out of t h . "yV'^^'^ to be distri?^,t r (/''•, ait. 504!>), 73r. Thei-elativo valuation ''f''"?? established upon le fjporto the experts, ^h^ce i»->ciit back to the Drofh,. '.""taiybythecoui-torjud': ;''7'dortl,athemavpr eeS o.lete,minetheoi-,U"rofeoi ^J^ation^iiidthedis^ii:;;;;^: cJe^1;'^'"'''^"''*'''^'''s'^erfifi. caic 1^ y';vw,/A,^/e evidence 2 ' /. »t it may be contested 0" '''c ground of error of ^':aud on the part of the re K'strai-orin hVs books aid !" such case the court 'ma the ends of justice req ,1^ t. oi-der any interested ,er- H to be cal ed in to a.is ver the eontestation which mu t o'i'trat.-Such interested i.a- ties a,-e called iii bv be "Z; served w th the oi'der of t,? coui-t or judge; and the se vice may be either pei'son. l or at doinicile, or by ad ver pti.>,ons ai'e absent, in the ame manner as npoi'ioidir a- •3 summons, (/i., art. 5951 . cause '' ^''''^y to the cau.e, or any peison appear- 10 110 COOK OF I'ltOCKDUnK, I' MIT 11, liOOK I, TIT. III. mg voluiitnrily, may pro- diice any acquittance or ilo- cumont of a nature to estali- lisli the discliaij^a' or extin'^- tion of a claim mentioucij in tlie certificate of liypotiiecs. proviiled it is arc()mi)aliied witli such proof as would i)e required to justify the r^ixiri- triii- in receiving it ; and the court or judge may there- upon correct the certificate, o:' oi'der it to be sent back to the registrar for correc- tion, or else the registrar may ti'ansrait to the prothono- tary a supplementary certiO- cate in amendment to the former one. ; 740. The registrar is deem- i od to be an officer of the court for all tluit concerns such certificate of livpothecs. as also lor the taxation of his fees an.l exi)enses for services rendered in regard thereto. 741. Any person interested in the distribution of moneys may, either in term or 'in : vacation, even before contes- i tation, cause the defendant or the creditor, or debtor of any hypothecs mentioned in the registrar's certificate or anv ojiposition, or any other person having cognizance of the facts, to be examineci be- fore the judge, or, in liis absence, })efore the protlio- notary, in order to establish whether such hypotliec has not been discharged, in whole or in part, or otherwise oxtiu'T- iiished, or to prove any otiier fact material to the' case ; andauy person thus examined is bound to disclose the exis- tence of any iecei])t, account, documentor writing, relating to such discharge or extinc- tion, and to j)roduce the iiame if it be in his jiower ; and if it ajipears liy the cer- tificate of hyjiothe'cs. or by any opposition in the case, that sucji [jcrson is the cre- ditor of the hypothec, his admissions constitute proof. I A person thus examined can- not ask to be taxed as a wit- ness if he is interested in the distribution, nor can he ask to be paid his travell- : ing expenses before a,iisAver- I ing. — If the hypothecary I creditor of the person wh'o was in iiossession of the im- moveables in question at the commencement of the ten years next preceeding the day of tlie judicial sale, or his legal representatives, cannot be found so as to be sum- moned and examined, then, upon the affidavit of any per- son swearing that he' has reason to believe, and verily believes, that the hypothec has been paid, discharged or extinguished, the court or a judge may order such cre- ditor, or ids representatives, to be summoned in the same manner as absentee defen- dants, and if such creditor or absentee defendants fail to appear, the distribution takes place in the same manner as if the hypothec had not been mentiotied in the certificate of the registrar. 743. The parties are allow- ed eight days to contest the CHAP. ,1, OF C0.U1.1L.S(.UV KXEcrTIOV OP n: ^ u(K\ o^ JL1)(;me.VT.s ll.t ,.<■ .1 .• i •■ . report of , listriln.(ion,rockon- inj.'f'om tJie.iavoM vim. t ^^ -'t.red o„ the ^l^lj^ 'a},i/"ot, thedelavi.srork- j'ned from the Monday rl lowing-. •' .Jt^\ T^l« t-'ontcstation may elaotothereportifscdfana to the order or rank of the collocations, or it raav -o to the n.ont.s or snb.tance of an> of the claims Ijeneficiallv colloratod. and in this • i the rej.ort becomes im),liedlv contested ,,,, tayecltlrt^re extent ot such contestation vithout ifH bein,. neco sa 'v file a special contestatio?! ofthe report to that end. The contestation in all caJmn sonsand documents in sun-' I'ort thereof, if there aria ?, and a copy „f g„eh conten'al tion must be loft wit to r^Hy interested, either at his Elected domicile or at the prothonotary'« office, if there IS no such domicile. 744. Contestation of the report or of the order ■ col!, td forMiwith upon the roll or hearing, afternotice^ive on tcr-^is^lf'i ;;2ei. answer to- such cZ^ 117 thJtf" 't -''^ contestation of tbe report IS maintained with- t^ ouroftiij— -: levied — 1,1 the event of ti e one of the parties, the con. Jestinrj p;i,-ty is ^till entitled •;"'' '"''ocutiMnJusri-htt,, i^'Hiand .subn.oation a::- i,.s ;;- party condemned t^";;;;^ tio'f'nfW"'- ^''^ contesta. f'o 1 ot the report, or of ,i collocated clahA is maintaSn- "• 'J. '="^0 maintained for the '•rnehtofthemassofthecl ; ;;ors, and the coui't' o -a' ; tfu prothonotary to prepa e '\ 'leu rei)ort accordin^r to '^'^V^^^lf-^oftlH. partiesr chfm« '""'^^''^o^testing- ci't f' ^P^'^'tions or collo" ele. oft/''^-""-' to which- IS nibt to use It.— A nartv -;hose claim or colloc^ti:;;;^ contested ig not bound to an.swer more than one of s veral contestations ?ounded 1 the same grounds, and he "ay apply to have such CO ! te=tMions united an ''-'"ff served upon II the other contestinj? par- ties, who have a ric/f-t / ^■atch the proceJdi. .'4'' u d the'p;^t^^ir*;'^^'^"^'•'-"^^ I op.ut,\ who has taken ni) the contestation, in the evert f he withdrawal o ,• of h s neslectorrefusal to proceed' 748. ContestUion« u„on !,^i "f^'ts of oppositionfo Claims are subject to the rules o P.rocednre which applv in ordinary suits. ^ ' 749. After the delay for (Mi 118 CODE OF I'HOCEUfUE, PART II, nOOK 1, TIT. in. i' i! contesting the report lias expired, tlu- jtrosecuting par- ty, or, upon his failure to do so wiiliin two duvs. auv other i)ai'fy interested, may move tor the liuniologatioii of tlie whole report, if there is Jio contestation, or of the part which id not contested or is not affected hy the con- testation, when these are on- ly to a part.— Such motion cannot, however, be made until after notice thereof has been posted up in the protho- notary's ollice duringat least four days. i igmcnt homoloo-atinff' pjf """^ appeared.-Anv V^port of distributicrn I,f ^ ''^"' i^^entioned in thi P'Uties entitled therJtotho' "''^ appeared in te -oney^ which brLai 'M^^'i"^^; '— ver, wilt '"^."lejs which he hai rf f'n^ fir!' '"^'^' "'O'-eover, wi ^^^''^'«J. ■'" "--. "fifteen days, seek I'edr. nJf^:J^^^^^^^ of the : Se'Si!!!:r ^H-^ition eas to '58. The amount nf ,\ 7 M'^'''*ns of e '•oliocation ofTcSo? m^ I' ^ "" J"'^§-'"ent. f."!"ed iuthereo-i'tmr', ' " • I*"*" '" t»'« event of a ;;-ate, and wi/o^l;; ^^;ri^4--t of distrLuiou !"fd an opposition :em« n ' ' .? V-^- '^^^^""fi such creditor or bi^ h, the eviction of the pi representatives demanh;^'"' "' '"^ ^-^'P-'^'sentatives couT''""l^ give u valid 7hi'chU.r^ ""^ "^^''^ ^■^»"' acquittance therefor. ' l,V^ "'^, Property was not nffif- ^'V^ ^^l>eri/r,or other I e -t*; '"'^'"'^ ''^' ^'''^^ officer performing 'his ft, , n. / '"'"' °^ay have been lons,may be hAd 'L^^i J ' ^ "^Li^aidnnist be retim" cive imprisonmc ..yment of the monevs ) '^"» levied and •■ the \ X eci to the sheriff, and tl le par- ";e bound to pay'back 7G0. If tl receive!. 'J such moneys upo or a le moneys levied, I from th portion tliereoY rem . n an order e court to that effect. ain 120 COOK Of PRocKi)Uia:,i'AnT ir, hook i, tit. hi. •■ ,< tm SKgTION \ [ OK AltA.VnoNMIlNT OF PUO- riiit'i V. 7Iac<' (if , art. ','X>4). r 111 list jfive iiuionniL'iit, a (Ive rti.se- t'ft ill the lazette and ticc sent hy 'S3 of each The notice ili tors must le creditors tioiiing the h. — In ectors, exerci.se all the r gilts of action of the debtor and all the actions possessed by the mass of the creditors. — ;i. The curator may sell the debts anil moveables and im- moveables of the debtor in the manner indicated by the court iir judge, upon the ad- vice of the parties interested or the inspectors. — 4. I'pon the demand of the curator, authorized by the creditors or by the inspectors, or upon the demand of an hypothec- ary creditor, of which de- nuiud sunioient notice must be {riven to the debtor, the court or judge may authorize the curator, or command him, to issue his warrant address- ed to tlie sheriff of the dis- trict where the immoveables of the debtor are situated roouiiing him to seize and sell such imnnveables. — The sheriff executes such warrant without making anv service u])on thedeiitor, Imt by other- wise oliserving the same for- malities as in the ca< Vict., cait.ni). TS'id. The moneys realized by the curator fVo'ni the pro- j>erty of the debtor must be distributed among the cred- itors liy means of dividend sheets prcjiared after tji,. (..x- piration of the delays to tile I creditors' claims, *^aiul are payable fifteen days after no- i tice is given of the prepara- tion of such ilividend sheets. — Such notice is given bv the insertion of an advertise- ment in tht' Quebec Oflicial Gazette, and by a registered notice sent by mail to the address of each of the credit- ors of the debtor who have filed their claims or who ap- pear upon the list of credit- ors furnished by hiin.— The claims or dividends may be contested by anv jiarty in- terested.— The contestation for such purpose is filed with the curator, who is bound to transmit it imme- diately to the prothonotarv of the superior court of the district in which the pro- ceedings upon the abandon- r. III. iiiiy ^crvioo l)lll liV otlllT- lif siiiisc f'or- lif f.'ixc »(|' a iiiil all pni- nciit to the ITilllt \\\) to I'tllC 1110ll('\ s Sfllo HIT liud oiirt. — The lu'li nioiH'vs tlio (■urn tor ith the pro- 50*11. (R.S. ninoiidcd hy eyg roalizod 0111 tlio ])ro- tor must 1)0 ig the nvd- of dividend attiT tiic (>x- ehty.s to file ', and aro iVH after 110- fie m-oparii- leiiii slu'ols, 3 triven hy ri advertise- bec Oflicial I registered nail to the r the credit- ;• who have or who ap- t of credit- him.— The ids may be • 1 tarty in- outcstatioii se is filed T, who is it it iniTue- othonotary ourt of tli'e 1 the i)ro- ' abaudon- '-^fcMTioN oy .nur.iiKSTH. 12.'5 "H-nt an- .„,. deposit,.,!, or tos.uh .„|,.,, dis/ri,., „,;,^; I'arli.s,nt..n.8,..,| i„tl,eeo,. ^^^ ■""". ...ay „.,.,.. upo, . ""l>"". property ,.f tl,, value "fo'^ri'ty.l.dlars:-:. ,,/' " «ecret,^,H,v tin. debtor. vvi\lV '" V"' .^ V'-'- "ninediatelv ,„■,.. •<;ji"'g»he institution 'of',!,,. 'Nis pn.,u.rtr. with jruont ^> ;rf.and his eredito,^ !i! ■•■Of baiHluleiitniisrepresen- ;ationsn,tlM^soue,„ent u t, respect to the numb.-r of i n-e.li(ors or ,i,e nature o, amount of their claims, li <-ases where the debtor Ini gneumnieeoftheabandon- raet^ ot his property to j,;. Jli:;;':,-.. rj*--' p-»;;;; (w! tl.,. I """»" prescrii)- d, the .le ay to ront:'st the MitementKsrestricte.l, as to IH^. creditors to whom the' om?i;fr'/''l»^'''''''"''»th.s: nonce. (/,/•, art. 5[t(;2). | ;,','■*• T''^ '-■oi'tt'stingparfvl -bourn, within th^Lmi , to prove hs allerr,, I nonsbyall'le^almeans Si thrd.r''/''"^'^^'"'I>'-"'<>''S; ifK delay for making? such Ehs!"'^ not beyorld two I ^75 The debtor is bound' fo attend before the court or eforeajudge, under the pen! ;^lt3 hereinafter imposed in order to answer all liuestions "•'"'•'' "lay |,e ,„„ ,„ , ; iost';!'); , •''''•'''••^''■''^'l''''-tv J'..l>li>hes any o„e of tja. >'.-..ces mentioned in arti • . /7-<, or If i|„. ,|,.)„or refuse- •• "*'""•' "'• - ">'su '^;,' ;;|..Mvd under the prece.li,:^ .ie. l.e ,.„urt or jud-e "".i.\ t«''rren<|ered ;1^ ■^'" '' '>''der, the,, the sure t«« are liable to pav he ;';'"^"'; th- debt, Uct ' ^' ' .Mterest and all costs' he debtor, disehaiKed . 0' l-ail, d,H.g „ot prodnee ; .^j^atrmeiHanddec/aratioi^ to " "".'''>' iJ".vsmen- "o.od n, article Tdij. such '^' '.tor nnd hi.s suretie.s are « 'I'loct to the .same pen It^is «' d recourse as here'inabove ^'f- •>• <;>., art. 5%3). 777. Jf- the allegations to the contestation are not I'/oved, withi,! the iel vs above mentioned, the curt orj.ulge may order th, 1 s c barge of the debtor ; and .tbe atter cannot a^ain be miprLsoned for any dl-bt d-ie rt"' Phamtili; or any other eaue'^'f ''•>• '-^^^'on 'of In^ ; r'."''^f «f action anterior to ' isstatmientanddeclaratio of abandonment; and in ea"e such Hupri.oiHuenthemav 11 124 CODK OK I'UOCEDL'HK, PAHT II, HOOK 1, TIT. III. 778. Tlic uliaiKloiiiiiciit of liii^ property (k-nrivcrf the debtor of tiie einoviiient of his property, (ukI jrives his creditors the ri^'ht to have it sold for the payment of their re.-^pective ciainis. {li. S. (J., art. 5%4). 77J). The nbandornnent of 111."* property di.sciiaii;";;aoiru:rai^;;;;^-j allowance granted to him ;l^. f. i'> the abandonment of '-'■^property as mentionJ^f "1 preceeding section ;- ;• ^-^ , "7.''''; of" tl.o discharge 'om liability, obtained tin- ''^■'' the provisions of law c- corning insolvent traders^ •f- ^i he has completed Im f^eventieth vear. howe^-ef "i^' ^''^^''•'"•Se must, one^ei, be ordered bv a ^''M "Pon application: of Inch notice has been g.Vjn to the prosecuting credito" boJn^i-'^^?^"^^'^ debtor has ucfault of payment of the alimentary allowance, he g "o longer liable to coercive nnpnsonment for the sa^e BOOK II. i I \ii' ttw' I ml ■• III ill a TITLE I. OF PROVISIONAL PROCKEDIVGjii WHICH AC COW- PAXY ^^OIMOI^K I.V CEKTAIX < ASES. GENERAL PROVISIOX. 706. A pliiiiiti/r may, in cortain cast-s, .siniultancoiis- iy with the suininons, or pending the suit and befure judgment, have the person or the ])i'()))erty of his debtor, or the object in dispute, placed m judicial cnstody, as explained in the followiiio- chapters ; subject to a ris-ht of action by the latter to re- cover damages, upon estab- li'^hing by proof against the creditor a want of probable cause. CHAPTER r. OF CAPIAS AI> HESPONUENDUM. SECTION I ;^THH1SSCIN(; OK THK CAPIAS. T97. When the amount claimed exceeds forty dollars, ' the plaintiffmay ooitainfrom ' the i)rothonnf otary of the an- the exis about to leave immediate! v the province of Canada, or if he secretes his proj)erty with intent to defraud his credi- tors. I 7f)8. This writ is obtained } upon an affidavit of the plain- I tilt', his book-keepc, clerk or legal attorney, declarino- i that the defendant is pcrsou"- I ^.'y. intlfibted to the plain- j tiftin a sum amounting- to or ; exceeding forty dollarl, and : that the deponent has reason to believe, and verily belie- ves, for reasons specially stated in the affidavit, that the defendant is about to leave immediately the pro- vince of Canada, with intent to defraud his creditors in general, or the plaintiff in particular, and that such de- parture will deprive the plain- tiff of his recourse against the defendant ; or upon an affidavit establishing, besides perior court, a writ of sum- 1 abo mons and irrest against the i defendant h stence of the debt as e mentioned, that the defendant, if the" latte !• IS I made away with, or is ab as secreted or out f "AP. r, OF CAPIAS AD RK.SPoxnK.VnfM. ininKMliately to secrete or nako away with his pronortv and em;nts with sue/. inWf .99. 1 le writ mavalso be ;;.ta'ne. ifthe affidavit ,' ta- ilish besides the debt th-,t ;;yefendant is a' ^^'Jl . tiiat he has ceased iiie of the immoveabTe or [^ about to do so hin'self o I others, so as to preven hon-editorfrom recivering him t"o'tr ""^' "-^I"-^ of J'i^ nam, to the amount of forty ?atnfL /• ^'r' consolidated statutes tor Lower Canada. fonn^;7 ^ the demand be founded upon a claim for un- l>quidated damages, the w" ;iu?r^'^'^"r^''^«"^-ithou a J'idge s order, after examin '"? '"to the sufficiency the such case must state tlie nn- of'l'bo'V'' "o'"^o^er, amount 0/ the damages souo-bt nn,} ;he facts whfeh gayS'rL'"to tl^^m, and the judge may, in 127 ^!^nne'';he'?'"'''"^^-'^'''or fiv ft cai)ias. and may t>-v the amount of the baif iSn!--^-e£4:r ^- ;;^tjJ^;:e;-;;,-,.eapias of. summons, or may be is led \ "^'-^'-^'^'l^'uiinciden n the cause. In the latter c-i.e It must be accompanied with a summons for a fixed day S s io« cause why the u-,-;t f 0.1 d not be dec'la d yalid and joined with the p,'inc pal demand.-The wiit may also issue after judgment ha^ been obtained for'the reco very of the debt. ^ 803. The amount for which tlie writ of capias has i^sed ano made the affidavi/mS so^'^'u'^- "J^"" ^''^ ^"t «"*• It IS not neces^arv othce of the pro'thoiota?y ;' hinthe three davs wS follow the service. ' 80.-> .Saving the excentioriQ contaiuedin ,i„,,,i^;^;^ S;"rirnf '•' ^'^''^ ^^'^^> a -^^ rit of capias cannot i.ssue • ~V -Against priests or mi.i nistersofanyreligiou.sde,?o mination whatever _o Against septuagenarians :i: ->• Against lemaies. 806. It cannot issue for any debt created out of the province of Canada, nor for any debt under fortj^ dollars ^■M 128 CODE OF l'ItCCK:)L'I{E, PART II, liooiC II, TIT. I. I; i 807. The affidavit re(iuired in the above articles inav be made by one person only, or by several persons swearing each to a portion of the neces- sary facts, and it may be re- ceived and sworn to before a judge of the superior court, or a commissioner ot the su- perior court, or by the pro- thonotary Avho certifies the writ of capias. 808. The superior court alone has jurisdiction in mat- ters of capias. 809. When the capias is issued by the prothonotary of the superior court it is addressed either to the sheriff or a bailiff of the district in which such writ issues, and may be by him executed in such district or in any other district, or it is addressed to the sheriff or a bailiff of the : district in which such writ is to be executed. iR. S. O., art. 59G7.) 810. It may be issued by a clerk of the circuit court, in which case it is addressed to the sheriff or to any bailiff of | the district in which it is to I be executed. 811. The clerk of the cir- cuit court acts in such case as an oflBcer of the superior court, and the writ of capias must be worded throughout I as if it was issued by the pro- I thonotary. | 818. In all cases in which ' a M'rit of capias may. issue, a j warrant of arrest may be granted by a commissioner of the superior court, and be addressed by him cither to the sheriff or a bailiff, or any other peace officer in the vi- cinity. — The commissioner cannot issue such warrant at the chef-lien of a district unless it be established before liiui l)y affidavit that it was impossil)le for the plaintiff or his agent to obtain such writ of capias from the pro- thonotary or his deputy. (R. : S. Q., art. 5DGS.). i 813. Such warrant is in the [ name of the commissioner : who grants it ; it orders the arrest of the person therein designated, and his delivery over to the sheriff of the dis- trict, who is commanded to keep him in his custody during forty-eight hours, and no longer, unless before the exjuration of that time the plaintiff has obtained and caused to be executed against such defendant a writ of ca- pias in the ordinary course (Id., art. 5969.). 814. The debtor cannot be detained in prison in virtue of such warrant any lono-er than fort^-eight hours. ° 815. The commissioner granting such warrant must, without delay, transmit a duplicate of it, together with the original affidavit upon which it was granted, and a certificate of his proceedings to the prothonotary of the superior court of the district, who must file the same and keep them as part of the re- cord in the case. T. 1. liliff, or any T in the vi- )inmi33ioiier :h warrant )fa district islicd before that it was he plaintiff ibtain such •m the pro- lepiity. (R. ant is in the ramissioner orders the !on therein lis delivery of the dis- tnanded to s custody hours, ancl before the t time the ained and ed against writ of Ga- ry course. cannot be I in virtue ny longer )urs. imissioner rant must, •ansmit a ether with ivit upon ted, and a oceedings ry of the le district, same and of the re- CHAI' OK CAPIAS AD UKSPONDEXDL-M. OF THF. SECTIOX 11. EXECrriON OF OP CAPIAS. WRITS . 81G. If the writ of capiat IS addressed to a bailiff, the baihir who is charged wi 1, It arrests the defendant and delivers him over, together w th the writ to the sheriff ^nn^M"'P"'P°"''<^^«'"^'3resl ponsible. ■ ^11- ^^^^^^ '^^"t of capias is addressed to the sheriflf he is then bound to execute iter to cause it to be executed by lis ofncers. "^ 818. The sheriff is bound to keep the defendant in the common gaol of the district! untd the latter gives security ^Li'^^^'sc.harged as herein atter provided. SECTIOK III. OF THE CONTESTATION- OF WHITS OF CAPIAS. 819. Upon a petition pre- sented to the ciurt, or to a tWf"^^™"'"^^ vacation, dithf "1^"^ may obtain his discharge byestablishing that he IS not liable to be iS. soned, or bv showing tVat tne affidavit upon which the insKnt"'^'"'^'^^"^^ ..?f ;, . ^? 9^der to decide upon ihis incidental proceed- ing the court or judg'e mnv order the immedi^ate^JetuS ofthesaidwritof capias, and of the proceedings iSad upon I 129 it. although the day fixed for arrived"" '""^'^"''^ yet bo I 831. If the contestation is I merely as to the sufliciency ;,,^',"'/l'^?'it'^"3 of theaffi- avit the judge or the court ay dispose of it, after hear- "ig the parties. — But if the con estation is founded upon the falsity of the allegations I'ssuemustbejoined upon the petition of thi defendan" in the ordinary course and inde- r";^7/l.>'"ftl'? contestation - "Pp» the principal demand unless theexig/bilityrt he i deb depends uVn tL trulh ot the allegations of the affi- davit, m which case the writ may be contested together with the merits of the ca:^e. 833. A defendant whose application to be discha 4d rejected may appeal fi"oru the decision. 833. If the court or judjre , orders the defendant o be discharged, the plaintiff may Obtain a suspension of the I order, by declaring imme! tV^.u '^f -^^ intends to and .1^' ^^.cision reviewed ?P , 'Tk''*"'^ the amount leqiiired by article 497. He may likewise appeal from the J idgmentmreviW, if he de- clares immediately his in- tention of doing so, and causes the writ of ap.alto be served within three iuri dinf)ldi>K (»j.- I'liocEnruK, I'Aut ii, hook ii, nr. i. Ii-.: SKCTfON IV. 0!" DIX'llAUcK n-dN llAll,. 834. The (k'tVndiiiit, may obtain his (iiscliiir^'c ii])(>"u giviii^r two (jodil !iii(l siilli- oient sureties that lu' will not leave the pioviiieeot'Canada, and that, in case lie does s'\ such sureties will pay tne amount of the J ud. Lament that may be n-ndered, in prinoiiial, interest and costs, or the amount ixed by the judge in Ih^ case of article 801. — But this bail cannot be received after the expiration of the eiphth di y fro?u tlie day fixed for ilie .-eturn of the writ of capias, unless wi>h leave of the conrt, expressly grr.il ted upon snflieiei.t cause s'lown. S2~*. 'Vhe defor.uant may also obiuiu hi,' discharge at any time befure judgment, by giving good and sufficient sureties to the satisfaction of the court, or judge, or pro- thouotary, that he will sur- render himself into the hands of the sheriff, when required j to do so by an order of the ' court or judge, within one mcntli from the service ofj such Older upon him or upon j his [sureties, a:id that in ; default they Avill pay the < amount of the judgment in : princii.al, interest and costs, or the amount fixed bv the judge in the ca.se of article i 801. _83G. This bail is offered ' afteiv. a notice served upon the plaintiff or his attorney, \ with one iuteiinLMliate day's 'lelay. 8*n. The sureties offered mu.st, if reijuinMl, justify iheir siifTiciency u])on oath, but need not justify upon real estate. 838. A defendant arrested upon a ca)»iasnniy obtain hi.s provisional liischarge liy giv- ing good and suflicient su- reties to tiie sheriff, to the satisfaction of the latter, be- fore the return day of the writ, that he will "pay the iunouiit of the judgment that; may be rendered uj»on the ; demand, in principal, interest and costs, it' he fails to give i bail pursuant to article 824 or to article 8'2a. 8;j{>. The sheriff in such case is responsible only for the sufliciency of the sureties at the time when bail was given. aiU). lie may free himself by offering an assignment of the bail-bond he has taken. — This assignment may be ef- fected by simply endorsing his name u])on tlic bail-bond. 831. The sureties may at any time arrest the defen- dant and surrender him into the hands of the sheriff and thus lischarge themselves from their bond. 835J. The sherifli", however, is not bound to receive the defendant, without a written requisition to that effect sign- ed by the sureties or by one of them, or by their autnoriz- ed attorney. — The requisition must contain the title of the court, the names of the par- mavit estubJisbing tliat . IHiSuliuIly mi in a sum ( ' '■'itlebtod to luu, xeciited, leji 111 .f court, to any bailKf any 1 10 seize the lUQveables and ?>V-' 132 CODE 6F PilOCKDUHK, PART 11, liOOK 11, TiT. I. ffl i 'tlui ' 1 1 If' [i 'ii f 1 iiy. 2 1 iy J . effects of the defendant, and to summon him to ai)pear on a day fixed at tlio oHice of tlie prothonotaiy or clerk, to an- swer the demand and shew cause why the attachment should not be declared valid. (/.'. ^S\ Q., art. 5971). 837. The amount of the plaintiff's claim must be en- dorsed upon the writ, or the sum for which security may be given. 838. The writ is issued by the prothonotary or by the clerk of the circuit court, as the case may be, ujton a Avrit- ten requisition from the plain- tiff. — It may be either in the French or English language. — It is tested in the same manner as writs of summons. 839. The writ may also be issued for the superior court, according to the amount claimed, by any clerk of the circuit court, who, in such case, may likewise receive the necessary affidavit. 840. The provisions con- tained in articles 810 and 811 concerning Avrits of capias,, apply likewise to simple at- tachment. 841. The seizure of the goods of the defendant is ef- fected in the same manner as upon the execution of a judg- ment.— The sheriff or baihff may make the seizure in an- other district if the debtor has conveyed his property there or has withdrawn there himself. 843. A warrant of attach- ment may also be issued, in the case of article 834, by any commissioner of the su- perior court, addressed to the sheriff of the district where the warrant is to be executed, or to the bailiff or peace offi- cer nearest to his residence, commanding him to seize I and detain the effects of the debtor. I 843. This warrant of at- tachment is in the name of the commissioner who issues it ; it orders the moveables and effects of the defendant to be attached, with the or- dinary formalities of seizures, and that they be kept and detained for the period of twelve days from the seizure, and no longer, unless before ; the expiration of such twelve ; days a writ of attachment, pursuant to the above pro- visions issues from the proper court. I 844. The effects so seized cannot be detained for a longer period than twelve days under such warrant of a commissioner. 845. The commissioner I Avho granted such warrant j must, without delay, trans- j mit q, duplicate thereof, to- i gether Avith the original affi- davit upon which the warrant \ was granted and a certificate of his proceedings to the pro- I thonotary, or clerk of the circuit court, who must file and keep the same as part of the record in the case. 846. When in the superior court the writ or the warrant is addressed to a bailiff" or any other officer than the sheriff, such bailiff or other ;""-""'*'^«""^''""-- ««.•.„„: „„„,„,,, l.'(3 Officer ,s boun.l to make « ■ tK • notary is not paid wit h^ r ^ ^"""^S*^ "P"" proof of f. I anvr^f/-' *^^o»erated frim 7''^ ^"^ "'•J*^'" the defendant" any liability whatever ^ "° ^summoned in tho r« a. the 3»a,e .,W a, Hi"" ?„lf«''ffl««t s^^refa. 134 coin: OK rKocr.Driti;, i-ai.t ii, ijook ii, tit. i. ! i i I the fiiriount endorsed upon the writ witli interest and costs, that he will satisfy the judgment that may be rend- ered. — In delanltof his doing so within the siiecilied delay the eil'ects remain under seizure to satisfy tlie judg- ment, unless the court or a judge ordeis otherwise. 854. Simple attachment may he contested in the same manner as writs of capias. SECTION IT. OK ATTACHMENT UY GARNISH- MENT. 855. In all the cases where a writ of simple attachment may be granted as herein- above explained, a creditor may also attach any movea- ble propert}- belonging to his debtor which may be in the hands of third persons, and also whatever sums they may owe him, subject to the restrictions mentioned in articles 558 and 628. 85G. This attachment is effected by means of a Avrit commanding the attachment in the hands of the garnishees of whatever sums of money, things or effects they have or may have belonging or due to the defendant, ordering the garnishees not to dispossess themselves thereof withoutan order of the court, and to ap- pear at the officeof the protho- nutar_y or clerk to make their declaration, and summoning the defendant to answer the demand of the plaintiff. 857. When tlie writ issues from the superior or the cir- cuit court, it maybe address- ed either tf» the'sheriff or to a liaililf of the district in which such writ issues, and be by him executed in such district or in any other dis- trict, or to the slierilf or a bailiff of such other district in which such writ is to be executed, and in any other court, to a bailiif. (7i'. *.S' (^>., art. 5'j7'2.) 858. It is clothed with all the formalities required for ordinary writs of summons, and is sultject to the provi- sions of articles 838, 839, 340, 842. 845, 846, in solar as they can ))e applied. 859. A statement of the amount for which the attach- ment is made or authorized is, moreover, endorsed upon the writ. 8G0. The provisions con- tained in articles 014, 615, 616, 617, 618. 619, 020, 022, 623, 024, 025, 629, 030 and 031, are also ajijjlicable to cases of attachment by gar- nishment before judgment. 8G1. It the declaration of the garnishee is not contested, the court or judge, in ren- dering judgment upon the principal demand, adjudi- cates also upon the attach- ment and the declaration of the garnishee. 8G3. The plaintiff or the defendant may contest the declaration of the garnishee, upon leave of the court to that effect.— Such contesta- tion is served upon th« gar- isions con- "'Ar.nr.or.TTAr„.,:xTrxerthepnncip;;,;,3!;! do^ng/o, unless the deV? extended hy the our? ' '^ conStlll:"aS;t;;[ -7^; - — '^ 8-arni3hee, in V'rn.m/ f •"" '"^'' r'-idedfb^ca.e^'^f'?:;^;-^!;!;;^-- CHAPTER III, ''"^"■^'""n'annerasanv 01" ATTACHME.VT IX «eV£xdi. CATIOX. t.-,^?f ■ ^^'.'.'ot^vcr has a ri.vJit m-n JT'-'"'''' ^ moveable '"■•.^ obtain a Avrit f.u- ti ]»"'Poseofhann.itat Oot'^^- 'IPonprodnctionVfan^ffir ;r- T^^'^'^ «n invento"v i't ^ett,n. forth his Zif^ : ^^^^^ to be n.ade, esI^Sl^H^ ve heesstfjecourtorjudl; the eff' t^'"'''"^ ^'-^^^^ssion of tions ^''' ^'^™^ condil «7o. Hefore tlie effects nm delivered to tho „ "'-^'■^ '^'e ma\ reonire nn .•».._.', "-^ Of attaoC^;^7^;4S' i ;i;^'^ -'■- ^^ oS ir^e^s^ tion may be exercised bvtifpL"? ^'".^""^ of the secuHtv ""'t», order tliem to be \ 136 CODE Of I'UOCKDURK, PART 11, HOOK II, TIT. I. ])lace(l ill tlio liiiiul.-i of u so(|iic8trutor. 873. If the tliiniTH seized are of a pcrislmhle nature or liable to deteriorate diiritif? the ])endcncy of the ,'^iiit, the court or judfje may order them to l)e sold and the pro- ceeds of tiie sale to lie depo- sited in the otlice of the \)vu- thonotary or clerk. CHAPTER IV. OP ATTACHMKXT KOK 1!ENT. 873. The owner or lessor may cause the etl'ects and fruits in or upon the house, premises or land leased and subject to his privilejjfe, to be seized for the rent, farm dues, or other sums payable in virtue of tlie lease. — He may likewise follow and seize in recaption, even for amounts not yet payable, the movea- bles and effects which were in the hor.se or premises leased, Avlen thev have been removed without liis consent; but he must do so within eight days after their remo- val ; but the moveables and effects mentioned in article 556 must be substracted from the sale. — An attachment in recaption must be served upon the new lessor, who must also be summoned to show cause against its execu- tion. (A\ S. Q., art. 5973). 874. The provisions con- tained in article 841, as well as those contained in article 804. respecting the service of the declaration or statement of tiic demand, ai)ply like- wise to nttachment for rent or farm dues. {Id., art. r:374). 875. Effects attached for rent or for farm dues cannot, without the consent of the pliiiuliff, lie left in tli<; cus- tody of the defendant, unless he gives sureties to the satis- faction of the sheriff or bailifl" for the production of the effects, and such sureties in- cur the same obligations and are liable to the same penal- ties as judicial guardians. CHAPTER V. or JUDICIAL SEQUESTRATION, 876. All demands for se- questration are made by peti- tion to the court or to a judge. It may also, accord- ing to circumstances be or- dered by the court without being demanded by the par- ties. 877. The judgment order- ing sequestration commands the ])atties to appear before the court or before a judge, on a day fixed, to name a sequestrator ; and if the par- ties cannot agree, the court or judge, names one of his own accord. 878. The sequestrator must be sworn before the judge or vhe prothonotary to administer well and faith- fully the things of which he is appointed depositaiy. He is put iu possession by a bailiff, who draws up a state- ment containing a descrip- tion of the property seques- I. |)l)Iy likc- t for rent art. r,')74). ;iiclie(i for L'S cannot, >nt (tf tho I tll(> cus- iiit, iinU'ss I tlio satis- IFur hail iff m of the irotiea in- itions and ino penal- rilians. V. ;,STRATIO.\. 38 for se- le by peti- t or to a o, accord- :es be or- l witliout y the par- ent order- :oramands sar before i a judge, name a if the par- the court ne of his •ator must .be judsre otary to ud faith- which he tary. lie ion by a ip a state- i descrip- ty seques- '•••■'•M'. \. '" '''"'^"'-^'' «KQfKSTRATIO.V. 137 mmummm **8:j. Repairs or mhn^ lionzation of a m. f uiitcrr "' court or "'-5; tiJ^^rtJSr^^'^"' '^, <y the prodncti(Ui of a certificate of service of the petition, fiat and notice, a contestation is not filed, the supi)liant ])roceods as in a suit in which the defendant fails to appear. — If a contes- tation is filed, the subsequent proceedings are the same as in an ordinary suit in which the defendant has pleaded. 886<. In case any petition of right is presented 'or the recovery of any inunoveable or moveable property, which has been granted away or disposed of, by or on behalf of Her Majesty or her prede- cessors, a writ of summons is issued by the prothonotary, upon the written requisition of the suppliant, and such writ is served, together with a copy of such petition and of the Lieutenant-Governor's fiat certified by the protho- notary, upon the person in ttie possession ui enjoy uK-ui of such property, command- ing him to appear before the court on the dav therein men- T. I. rned to tlic of the j)oti- toiiniit.-(l()V- iticil by the th lui ciuhjr- at the (h'i>()- e, is left at ttorney Goii- •e roiiuiririj^ ' a coiitesta- V drtv.s altfr e. ;/'/.)■ in file delay be ostab- odnetioii of ■rvice of the d notice, a lot nied, the uVa as in a ?. defendant Tf a contes- -' subsequent :he same as lit in which as pleaded. any petition ited or the iniuiovoable )erty, which d away or r on behalf r her prede- 'summons is ■othonotary, requisition ,, and such igether with petition and :-Governor's the protho- i person in 1 enju^yiiu'Ut , commaud- r before the therein men- tioned. MMd ,„ ,,],.„,, t,, answer the ,I;,im. (/r/) court of nufvii s boil eh. sit. "f "appeal, from the i„ I Mpun;n n.nd.M-ed bv ;"|HT<..r eoint uu anvpe'- lui ot n-ht: but siu'h at- ;ea mu.t 1. b,-o,.,,,t w'it;;i;, ^l" jud^:;;,:;:'7,y- ''"'^ '" nn M ,s of pn.redMfe. i„ :.o [ nstbeyaix' n(,t ineonipa- iihJe, apjily to .suits bv , . '^"'•fnVht, intl,. sipSo, '>• petition of right are ' tl bv a jn.lge without a ij;,^'/;;;;^;'^''-^'a'niino.articie 'J< anarded c.j^ts or niav bV n..Hh.,nned to pay .o;? i" un ordinarv suit — \\] costs adjudged 'shall bo j,:,iu '^or o the provincial trea , - 'eij a.sfhecasemav be. (/,/ >, 88««^ Wlu-,1 the goven • .:''?* '^^ «^li'Hif?od to 's, . M : ert?' 'T'' '"••^•^^^>'^- P - ifterlh '' .^"'I'P^iant nav, ;'ftei the expiry of the debiV »« appeal, or, In case of a? i'eal fifteen' da vs after tie ^^^^r which tl^ p 'p^^ : •;ei2ed and delivered to the ■suppliant, (/rl.). "'^ 8«««. When the o-nrern inent is .adjudged t ^ "' "'-•v,OK,n-:ur,,u.sK,fKST„,w,ov. i'S"tS;.";;.'"-';- (/■/.). P"^se.ssa.«n. P'laiit to such co^f! "' tlie ofhce of the'prov Hi I • ia.,ui(.i, and the provinri.ii " ;y;.:i.;"Er!;?:x time lie iit-LE. Form in connection with article 88%. ■fetiUon. In the Superior Court Di- tnct of Quebec ' ''" der or restore Propertv, th after the to e s uppl fo surren- immoveable To the Queen's Most lant raav appeal, or, f «Pn;y of the delay The I "'• -n case of ap'. B./of ( cellent Majesty Ex- umble petition of A residence and callinn\ 12 ^ ^' :-r 140 ff CODE OK PROCEDURE, PART 11, ROOK U, TIT. II. by his advocate C. D., of ircHilencc), slieweth. Tliat (stale thefactx). Conclusion : Your suppliant therefore liuuibly prays that {slate the relief claimed). Dated at this. Of A.D. day Form in connection with article 88Gy. Notice to the AUorney- General. To tlie Honorable the Attor- ney-General of the Pro- vince of Quebec. The suppliant prays for a statement in defence' or con- testation on behalf of Her Majesty, within thirtv days after the date of service of the above petition of right, or otherwise the suppliant M-ill proceed as in a case in which the defendant fails to appear. Dated at this dav of- A. D. Ud.y TITLE IT. SPECIAI. PRO€KEDIXGK. Chapter first of title second, of book second of the second part of the code of civil pro- cedure is repealed, except for the district of Gaspc, and replaced by the followinjr for other portions of the pro- vince. (A'. A Q., art. 5977). CHAPTER I. SUMMARY' MATTERS. i I 887. The following are deemed to bo summary mat- ters and tried as such accoid- ing to the rules set forth in this chapter:—!. Actions to annul or to rescind a lease, or to recover damages result- ing from the contravention of any of the stipulations of the lease or the non-fulfill- ment of any of the obliga- tions, which the law attaches to it, or arising from the re- lations of lessee and lessor; —2. Actions founded on bills of exchange, notes to order or bearer, cheques in orders for payment, Ao/js or acknow- ledgement of debt ;~3. Claims of traders for the price and value of goods or articles sold in the ordinary cause of their commercial operations ; - Claims for salary and wages of clerks, employees workmen, laborers or seri vants, payable by the day, week or month, as well as claims that may arise from the relations between the atter.and their masters 1 - Claims for board and lodg. mg by hotel and boarding, house keepers ; _ 6. Claim? arising from the purchase 0^^ sale of rigging and for fitting outanoproTisioningvessels;' - 7. Claims arising from ' freighting, chartering aid loans upon respondentia ;- a. 1 hose arising from en^a- gements, or agreements for wages and hirfng ofcreVs — y. Ihose arising from en- fragements of seamen for sel (Id.)!'' '"''''^^^"t shipping. p/;?,^;i'^''« '^'^^'^'"^ mention- ed in the hrst paragraph of the preceding article arii„s-V tituted either in the superior ' courtorinthecircuit court I according to the value or he amount of the rent or the Wed^'Tf 'f' ^"^^^^« «'- iiged. Ihe lessor may join a demand for such rent as he is entitled to, with or without an attachment for rent, at- 1 tachmentm reception, if ne- cessary and also an ordinary attachment in the hands of the ««S ^T^^ garnishees, (/d.) ' ^.^f\ The actions mention- and fi?th'''""''' *^'!:'^' ^'«'"'th ticIeftfi7„^'^^,''?P^' '^^'^'■■ ucie 887 are within the juris- diction of the superior cou", or of the circuit court, ac- CHAP. I, SCMMAUV MATTKKS. 141 cording to the amount of the aemand. (/,/) ^ '"^ 800. All the powers, which to superior court, or the cir- cuit court can exercise in ! ;rni in the matters men?io 1. icle^fr^^'^PH «'-«^ «f « - "cie 887, may also be exer cised out of term and even" during the vacation between i3"S?-^s^;>: oj service IS within a distance ofhve leagues, with the or dinary extension u hln the d stance is greater. In the actions mentioned in tL , article, the delays unon mim ,'mons are five diys Kien he" place of service i^ witi^' I a distance of fi^^ ^ ^- I when the H w ""'"^ ^•^^^"siS I When the distance is greater. 'boimd-tn'^^''-'^^-"d^"t is K k" ^PP^*'^ ^" the day nxed by the writ; if Z does not default is ;ecorded against /.im and the plaintiff ^ay proceed accordCy^ it he appears, he is bound to ( plead within two days a f to?- I the appearance, in ^defaul whereot^theplain^ift-mafpii! with?nfL ^"^^ his answer after h!^fir''^^P^ two days alter the filing of the nlea^ on^I)ain of betng forecCd'. 8»3. Any other pleading ■Hill i '■ i- 142 CODE OF IMtOCEUL'RE, PAKT II, HOOK 11, TIT. II. wliich may bo necessary to complete the issues must l)c lileil on the following juri- dical day, on pain of fore- closure, (id.). 894. As soon as issue is joined, the case may he ins- cribed upon the roll for proof for any subse(iuent juridical day, and the i)arties proceed to proof on tlie day appointed and continue on from day to day until the proof is closed on both sides (/(/.). 895. Either party's proof may be declared closed as soon as he ceases to produce evidence (/c/.). 89G. The evidence of wit- nesses must he taken down in writing in cases before the superior court or before the circuit court, appealable side, unless the parties agree to take it otherwise ; and in the latter case, notes of such evi- dence must be taken down, and filed in the record as forming part thereof, and such notes are considered to be evidence adduced in the case. (/(/.). 807. When the proof is closed on both sides, the case may be inscribed on the roll for hearing on the merits on the next following juridical day -without any notice being required, but if'it is inscribed for any other day, notice must be given to the opposite part v. (M). 8UTa. Any party may, ei- ther in his declaration or in any other pleading, or by a notice served upon the oppo- site party, declare his option that the case shall be in- scribed at tlie same term for proof and for final hearing immediately after proof and in such case the cau-e cannot afterwards be inscribed other- wise. — The party who in- scril)es a case for proof and final hearing immediately after proof shall give five clear days' notice of such inscription to the adverse party. (52 Vict., cap. 52). H'Jlh. The provisions of ar- ticles 89, 90, 91, 92 and 9.'! apply to all cases governed I bv the provisions of this chapter. (//.). 898. Judgment may l)e rendered either in term or out of term. It is executory eight days after it is renderefl . The delay for ejectment, however, in the actions men- tioned in the first paragranh of article 887, is within tlie discretionof the court. (/?. ^S\ (J , art. 5977). 899. The delays respecting summons and pleadings also ap])ly to all interventions, oppositions or other inciden- tal proceedings of the same nature (/(/.). 899rt. The writs of sum- mons, of attachment, of exe- cution and of possession arc addressed to the ordinary officers of the court, like all other writs of the same CHAP. „,„YPOTm:CAi.r HKCOntSE, ETC- ! «>0'-J. Tlu' petit I accompanied wit If I7,r' '■■ '''"^ '''''' 143 3 court, like 3 of the same CHAPTER ir. AOAINST I.M.MOVKADLK.S OP WlHCfl TUK OWNERS AliK U.\K.\OW\ OR t;.\. 000. When the owner of p'..n.othecateoetitiou must be vit „f fi!""''\^'""^» '"li'la- o;"';:h™.";:'.'^::,'I":,;",;.;;'„» 003. The court upon this pe. ion, orders such proof s -1 'leems necessary; in. 1 if l^>^,17''"f;!"^redissufm:;en; !otIi^?;,£^-'-n>PondS »04. The notice must bo n.er ed once a week during ^01 consccutnvweeksinonf FnH '""■ "• '''■^'•'^'^l '"n the fS ' V "''''^H i" the t '•! • ' 'f.'ff.U'ige, in tlie (lis- 'none ti'*'' •"■ '*' t''^''-^ bo none, tlien m one of the ^'•earest districts. It „, 'si ;;K)reoverber,adMndp,S ; P, in both buio-naJe. at tlie. such opposite claimants, ! unless his application is cou- i tested by one of them, who i must previously establish an I ostensible right of property, or unless one of them pays tlie amount of his claim and I costs. ! 910. In the case of there being opposite claimants to the property, without any contestation of the petition, the court, may, reserving its decision upon the opposite claims, grant the prayer of the petitioner, saving 'to the parties appearing, and to .nose who have not appeared, ! their claims upon the balance i of the moneys levied, the I distribution of Avhich is made I in the ordinary course. 911. If one or more known owners are in possession jointly with others who are unknown or uncertain, the creditor may, in the ordinary manner, sue the known own- ers, as possessing jointly with others unknown, and proceed in the same suit, in the manner hereinabove pro- vided, against those who are unknown or uncertain, mod- ifying the notice which is to be published, so as to meet the circumstances. CHAPTER II (a). OP RE-ENTRY UPON ABANDONED LANDS. 911a. Whenever land has been gold, under a deed of sale, promise.of sale or con- tract in the nature of a pro- mise of fi. of the Civil Co.le i th?n.;>^'' .contestatiou of and has left it so abandoned bv In T " '"il^'^'^^ ^^■^•^^'"Pt during tn-o years or ^ .1 P <^0"«iter -affidavits nrn the sefler ma/ ,roee i^t Le Ihe'nl' ^'''''•'" '^'''^ '^-^'^ -^tTv manner herernifter provided f /?/''"" ^'"S^^' the,, I-tition to recover the Innrl c,r/ V iV ^^'^J- and re-enter i„ Jos'eSor; M,?'*-^ ^^'^^ ^''^' ^^^''^v of of the same. Ui S (J Ir^ fhree days the jndge may in 5978). ^''- ^^- '^•' ^'^- ys discretion, either rejeS UIU. A notice must be nWr^'^'^i" ^^ '"'•'"''" ^J''lff- sorved upon the buyer sta sab x ^'^"^^^'•'"S ^he deJd Sf ;;^g that, at a time a^^d place caL Hnl; ^'.v. '^'''^^''''''ff ^he t'l<"re,n mentioned, the . ell?r thoron • ^ '/* the registration ^v'll apply to a jnlge of the nlT- ^"'' a«'thorizing the superior court to^recoe? of t oT''' ,*'' V^'^« possession "'« land, or, if the b ve' \L-^^'''^- ^'^ ^^'^^ «v'eut of ^annotbe fou'nd within 1 mitionffT ''^'"^^''^ ^^c ■strict,, he may be orderil ?•?„ '? '.^ ^'°^-^"*^t P'-eJudice district,, he ma; ^ o dem? P.fp'''";!' '^ ^'«^-^"<^t prejT.d ce •0 appear in thei^mnnepres mavl v' '"/I?' '''''^^ ''« ^•"bed by article 08. The Som?Th"^ ^^'^^'''^ «" -^I possession of the l.„d. is "Sj^ ^^ t^S^^ll 911c. The delay between Sm-''" ^"''' '''"'^ «'' '''^^^ the service of the notice nn ' n ^"'." I*^^''^ ^it''«^i- to Ihl the day on ,yhieh he annH nrnt'b "'" I"'" '^''- '^^'^ ^f he cat.on is to be made i.f ^that' ?o ""tl"'"''^'-"^ '^' «"f'^"or prescribed for ordinar/casS ' nurH.n^ '' ^»«taluients of by article 75, or that ^Iv.^ H ■^'^. '"°"<^y or interest by the said article G8 n? tN» "^f '" ''^'"*"« "^ the deed of case may require (^'T en !', ^[ ^"'^^'^ ^''^ obliga Is Ollcy. After notice has been ?.-"^ '"^« therein, V the so given, and at the fime Si !?. ^\ ^'"^^f which tie a.id place mentioned in the San ;f tl ^'i^:""^? '^"^'^'^^i to f-tsofVe^re^and^u^^^^^^^^ -Her is pre- J.'l by affid.avit, and proK- t'kintn^' ''"''^ P"-'"^^^" ^'^^^ tion of the written elidence in vhf, 'f.f ^." ^^^^^ ''"'d, of sale, if in his hands, apnlv m«v ll '"^ ^o judgment, he -^ a judge Of the ^^^^ Z^ ^^X^^^tJ^Z mg CODK OK PnoCEDUnE, PART 11, nooK ir, TIT. •[. perior court a writ of poss- ession to eject such person ana to place the seller in possession : and article 550 applies to sucli writ. (A/.). Oil/. The buyer niav obtain a review of the judgment, and articles 4f)5 to'504, inclu- sively, apply to such review. (/f/.). _ Oil/. All docunients form- ing- pjirt of the ])rocecdiiigs under this chajjfer form paT-t ot the records of the superior court. (/(/.). OllZ". Articles 2148, 215'> 2153 mid 2154 of the Civil Oode ai)ply to theregistration of any judgment rendered under this cha])ter, and to the cancelling of the regis- tration of any deed declared void by such judgment, but article 2154 docs not apply if under article 911/y of this Code, the buyer has been notified in the manner in-es- cribed by article OS. {id.). _ OllZ. The costs in jiroceed- ings taken under this chap- ter are the same as those allowed by the tariff of the circuit court in cases ofover one hnndred dollars, but under two hundred dollars; the fees of the advocates plea l)Ut before inscription orr the roll for the adduction of evidence. (A/.). CHAPTER irr. OFTIIK PAIfTITION OKTOW.V.SHIP LANDS UKI.I) IX t'O.M.MO.V. sfiali. It there is no contesta- tion, be the same as those allowed by the said tariff, where the case is settled after inscription upon the roll for the adduction of evi- dence, but before the closing of the evidence, and, if there JS a contestation the same as those allowed where the case IS settled after the filing of a 01!J. Any person .<^eized as tenant in common of lands in townshipsorigiiiallvgranted, In- hMters-i)atent under the great seal of the Province of bower Canada to the grant- ees therein ncxmed as tenant, in common, mav demand a partition tiiereofaccordingto the ordinary form of law.— Such demand mav be made by petition, without the for- mality of a writ of summons. 013. The i)etition must be presented to the superior court in the district in which the lands are situated. 914. Tpon proof of the petitioner's right of property the court mav order that hi^ co-tenants shall appear on a certain day in term, but not before the e.vpiration of one year from the date of such order, toanswersuch demand in partition ; that such order shall be posted up in some freriuented place in the town- ship in which such lands are situated, or if there is no such frequented place, then ^n some frefpiented place in tlie next adjoining township, SIX months at least before the day fixed for the appoarance ot the parties interested: and that such order be published in the Quebec Offi- cial Gazette once a Hofk- tiuring the said period o f siv months before tie day led ' :•'• the appearance, i? \ ir> , art. 5079)' ^ ^- v'-' J ivl.n I, • '^" ^^^' parties SSSKKSK "•bom « .Zed" J „°";e.i' t.oncr, another by^he infei sfy?,-r IS "Se *vu cii the lands are situate mine tS i-l ^^-^^ '"^^^ exa- 'te superior eourt .,° , i„? »18- The court aa in all 147 CHAPTER rv. "*'" ^'O-^'Pf-'I^SORV PARTITIO.V AM) LIOITATIO.V. •"ugs [Q the one whn i. a \ to institute it ^ " ^"^ chapter. ''' P'-ececc/,-ng ^vhosV^nferest- n''^ """°^ to those oTan^^'otLr^^'-''*^''' dering huLZ'l ^'^"'^ "''»- ^.-tffrUrSnUrS the the immoveables shall / viewed and valnorn^ ^® appointed ac!tL^^'7J^^,';'« ordinary rules n ^ , *^^ ascertain whethe, t.°'"^''f *« oftheimmovalteearbe?"^^ leniently divide,) '^/°f'- snch case fnfl ',*"<^' in accordfnff n n''" '^^'^ '^'^'^'^ of art clef ^2 7o.P'"""/^i°"^ ^» the Civil C^de ''"^ ''^' att'1r!;d'?un'a'LP^,r''^^^--e agree upon one'SpSr '"^^ ^iter tHe report of 13 I I 148 CODE OF PROCKDCRE, PART II, ROOK II, TIT. II. « i| the experts has been homolo- gated, the court sends the parties before the prothono- tary or some other person, to proceed with the allotment of shares, minutes of Avliioh are taken. 986. If the suit is for an account and a partition, the lots are not formed until after the accounts, the re- turns, the formation of the mas8, and the pretakings have been determined b}- a ! practitioner, who is named • by the parties or by the court, I and whose report must also I be homologated. 937. When immoveables ' cannot be advantageously divided, or when there are not as many lots of lands as copartitionners, the court mav order that such immoveable's be put up to public auction ! and sold by way of licitation. ' 938. Rules concerning vol- untary licitation are contain- ed in the third part of this ' code. The provisions of this chapter apply to licitations judicially ordered upon ac- I tions for partition. I 939. When the court has \ ordered a licitation, the plain- ' tiff must cause an advertise- ! ment to be published three i times in the space of two months in the Quebec Official Gazette, in the French and English languages, stating that the immoveables therein designated will be put up to auction and adjudged to the highest and last bidder at the sitting of the superior court neit nfter the expira- . tion of two months from the I first insertion of such notice, I subject to the condition men- tioned in the list of charges, and giving notice that all , oppositions to the sale must I be filed at least fifteen days before the day fixed for the sale, and that all oppositions for payment must be filed within six days after the ad- judication, on pain of being foreclosed {R. S. Q., au. 5980). 930. The notice must also be read and published on the third Sunday before the day on which the licitation is to take place, at the door of the church of the parish in which the immoveables are situated, I and if there is no church or if the immoveables are not sit- uated within the limits of a parish, then at the most fre- quented place in the locality, and a copy of such notice must be posted up at the place where such publication is made. 931. If the plaintiff fails to proceed with the publication of such notice within fifteen days from the judgment of licitation, any other party may do so, and the first who takes such proceedings has the preference, and has alone the right to be paid the costs of the licitation. 933. Oppositions to secure charges, to withdraw, or to annul, in respect of immove- ables which are to be sold by licitation, annot be received after the hiteenth day prev- ious to the day fixed for the CHAP. ,v, or COMPUMORT PARTITIOS, ETC. 149 into an opp„g,t,ori for pay ^^nt out otSho price ofVh. immoveables. ' sec^mv.h^"'' opposition to ortoannul, or any other pro- tS:^^"^^'^^"^^^t«tbelici- tation, cannot be decided before the day fixed forsale the licitation is suspended and, when rendering S meut upon such oppos tio'n on)roceeding,thecom?™r upon which the sale may be proceeded with, after the par leg haye caused another i notice i the same fo?m a ■ the first in so far as it can «^PPy, to be published in the Quebec Official Gazette" Tt least three weeks before the day thus fixed. (M s O art. 5981). ^ ^- ■*^••• 934. Bids may be made in wntin^atthepfothonotary's office, in the same manner as ^ in cases of sale of immoye- i aWes by the sheriff, a.?d^ on ( the day appointed 'bids are! receiyedattheprothonotary't' office, but the adjudication ^s completed before-'thecou? .,?lT-'i"^'''^^'<^^li-awnupof f^ch bids and adjudication strangers are in all cases admitted to bid. ^ njaT;. The adjudication is | Zll.'-'' accordance with the I iklni'T contained in the j hate h?*"'^''' ^^^ch must nave been approved by the court or judgef after hearing I the parties, and must havfj iV\',"/!;l'" ^^e Prothonot- ary g office at least thirty days before the day fixed for the sale. -After the adjud- cation IS completed, and the purchaserj,ascompIi,.d vuS t^ie conditions by paying tl e moneys which are to be de! posited in court, the nrothn I notary must pre ,ai-e T 'cS ofsale which must be drawn ! similarly to a sherift-g deld 'irticl'rRo' ^''c provisions of article G80 are applicable iffoffi; '^1"" ''^'U"dication, attei he observance of the formalities above prescribed ransfers the property with ts active and p.assiye servi- ! tudes, hag the same effects a. .ges the property!,, the same i manner f,-om such other I carges, privileges and hypo- i i \?' v'^ ^^^ "ot mentioned I m the list of charges ! 037. The price of the ad ju- ?n^tn"^,'""'*^f.P^'J''^ccoid- ing to the conditions of the nrnt^i f ",^' • ""^^^"^ otherwise fj o n '/ ' '"*" "^c hands of tiie prothonotary, savinjr the purc^iaser's ri/h't to "ftlln hvTT^'.^'''' gi^-'ng secur. ity, as n ^^e case of a she- famn'o- fn'^"^*'^'?"^chaser I rail ng to pay such price ia I h^L /^^'^^Ves as tW false biddet upon immoveables sold m execution. • 93fi All -. tllT ^°l m^ent out of l;^,^P^»ceeds of the licitation must be filed in the protho- notary's office within s?x days after the adjudication ■■mmnimim.,,iA,.. 160 CODE OF PnoC'KDUUK, PART II, BOOK II, TIT. II. after whicli period they can- not he receivcMl, except hy order of the court find upoii such C'..nditions as it may im]>o3c-. 03}). The distribution of the purchase money is sub- ject to the same formalities as in cases of confirmation of title, and of execution against imm()veal)les, and the i)arty prosecuting the licitation is bound to obtain the certifi- 1 cate of registered liypothccs j which is necessary for that purpose. 940. If any immoveable is situated partly in one district and partly in another, its lici- ! tation as a whole may be ! demandedand maybe ordered I in either district, "if the juris- ! diction in such case is not assigned by law to a parti- cular court. CHAPTER V. OF ACTIONS OF BOUNDARY, OR TO VERIFY OR RECTIFY AN- CIENT BOUNDARIES. 941. Whenever two con- tiguous lands have never been bounded, or the bound- aries have disappeared, or the fences or boundary works have been wrongly placed, and one of the neighbours refuses to agree upon a sur- veyor to determine thebound- aries or to verify or to rectify the division line, as the case may be, the other party may bring an action against him to compel him to do so. i 948. If the parties do not ! agree, the court names a sworn surveyor, whom it charges with making a plan of the locality, showing the re3pei;tive pretentions of the parties, and with making such other operations us it may deem necessary. 943. The surveyor thus named is bound, under liig oath of otHce, to pioreed in the same manner as experts. 944. If the parties desire it, more than one surveyor may be ajjpointed. 945. The fixing of bounds, the verifying of aiicient boundaries, or rectifying of division lines, is ordered in conformity with the rights j and titles of the parties, and IS done by the person named by the court, who proceeds in accordance with the judg- ment, and if necessary,place3 boundary marks in presence of witnesses, in accordance with the provisions contained in chapter 77 of the conso- lidated statutes of Canada, and must draw up a state- ment of his operations, and return the original of such statement to the court. CHAPTER VI. OF POSSESSORY ACTIONS. 946. The possessor of any immoveable or real right, other than a farmer on shares, or a holder hy sufferance, who 13 disturbed in his possession, may bring an action on dis- turbance against the person who prevents his enjoyment. irt nanit's CHAP. V„, OK niSCHAU.K KnOM HYPOTHKCS, KTC. in order to put an end to the T " ' ;•" ^"/ possession. - i'lf notion for repossession n^ay bo hrougl.t bv any 3 sonwhohaslmd'posissTon of an immoveable or Ta" right for a year and a day «W ''"PO'^sessedhim. miiet be brought within a ^Zl'T ''-'^ ''^■^^turbance. ' ' 94S Saving the provisions ' or artic e Hio nefi„n^, ' ii;a«.,„i '^'v» actions on lietnrbance, or for reposses- J'on, cannot be joinefwith t le Jatter be brought until the a,t,o„ on difturb nee or for repossession has been erniinated and the con- flemnation has been satisfied and executed. NeverthSs he party who has obtained "tignient is in default wiU regard to the taxation of the costs and the liqui«3. In the caae of immove- ables by fiction of biw, the proceedinprs are had in the district where the vendor or assignor had his domicile during the three years next preceding the execution of the deed to be confirmed, or it during that period ho had his domicile in more districts than one, then in the district in which he is actually do- miciled, giving the same no- tice 111 the other districts in which he was domiciled dur- ing such three years. 954. Upon the day men- tioned in the notice, the ap- plicant is bound to present his application for confirma- tion to the court, together with certificates of the publi- cation and posting up re- quired, and copies of the Quebec Official Gazette con- taining the advertisement. (R. S. Q., art. 5984). 935. The applicant must, i moreover, file withliiM appli- cation a oertificate from the regustraror regiHtrars within whotie divisions the immove- able ie or was situated, men- tioning all hypothocH not ap- parently extinguished, regis- tered previo-igly to the regis- tration of the deed of which : ratification is applied for The certificate must men- j tion all hypothecs registered against the immoveable itself whenever hypothecs shall bo so registered, when the plan ttiKl book of reference will be : m force in the registration division ; all hvpothecs re- : gistered again.st any person who was owner of the land at any time during the ten years immediately preceding the date of the registration of the deed sought to be con- firmed ; and all previous hy- pothecs the registration of which has been renewed dur- ing that period .—Such certifi- cate must also state the date ot the deed registered as creat- Hig or giving rise to such h vpothec, the date of its re- gistration, the names, occu- I pation and residence of the ; creditor, the name of the no- , tary or notaries before whom I It was passed, if it is nota- iial, and must mention any partial discharge registered, and the sum which appears to be due, in principal and interest, and, in the case of renewed registration, such certificate must also mcncion the registration which is thus renewed, and the registrar is not bound to extend his :CHAP. VII, or DI8CHAR0E FROM HYI'OTHTCH, KTC. srarclK-s iH.yon.l the dntc of a s leri/Fs title, a sale in bankruptcy, a jud^-niont ,.f con umation, or any oth.T docduf ujFi.lina! sal.- Imvin-r thn i'(h>r>f ,,f „ .,1 :.f . " 163 the i-lhn of a shoiifrs sail- which has been roLrJstcie.i' except for such hypothecs as deod.-If there arc no liypo- thecs reffistered, or if/ *|,v tlie registry books, all tl,c hypothecs appear to h.-ivc been discharKc.J, the regis- trar must state the fact ac cordinglv in hi\s cerfificute »5G. Tlie provisions of ar- rthatpurpo;el-K attachment is effe'cted in ti; I or"'ren?""r/n/^"-'^^-'''"^'n if>r'ju:iSaj^,j;s^j tl- ,M-operty attac^ied. '"^ °' . y8». the wife mav iils^ ,Jom with her demand^brs;! para ion an attachment in re Ivendication of such move" , ables as belong to he- »«». The ti^al of the ..ase the judgment, its exeaitSK' and, t publication are sub! tiinedin h' P''^'^'i«'ons con- tamed m the preceding gee ' CHAPTER IX. OF 0PP0dlTI0N-,S TO .VARRIAOB. 990. Every opposition to a ! Diarriafre miiat iL „ ni..,? JPt ^ "^ at'compa- t oV^^'''^"?^'^^'''»dicatno• o day and hour at wnicfj the opposition will be n • . l^'Jtedtotlu, supeJ^cSurt ox toajudgeof*suchcoui-t! notiPo J ? opposition and I no« fl, "^'^ ^". ««"'^'d both upon to solemnize the mar- consoits, or the persons who Represent them, ^ Jela; of nve intermediate duys beinJ- observed, with the uJual ad? dition where tl>,. r V evoppfio fi I '^ distance ^.vceeag hve leagues. t* I 158 CODE OF PnOCEOrRE, PART II, BOOK II, TIT. II. ! CHAPTER X. PROrKEDlNOH A. -^'ECTINr. COR- POIiATIOXa OK PUllLJC OFFICES. SECTION I. Of COuPORiTIONS ILLEGALLY FORMKI), OH VIOI,ATI\(; OK EXCEEDI.N'fi THEIU POWERS. 097. In the following cases. — 1. Whenever r.ny assoria- tion or numher of persons acts as a corporation without 993. The proceedings upon the opposition are summary, and conducted in the same manner as those in suits be- tween lessors and h'ssees. 993. Ff the opposant fails topresent his opposition upon the day ti.ved, any person in- terested may ohtain judg- ment of non-suit against him, upon filing a copy of the op- position served upon such person ; and upon receiving a cop;v' of such judgment the tunctionary called upon to ; solemnize the marriage may ; proceed. 995. The court or iiultro ?J or boa.d, violates anv before irendedn. hx£^ni htwh-T •?•""' «f ^^'^ ^«ts may appertain ''''^ ''' '° ^''^ '^^V^^''","^ ^« '} «'" '^ not ^'S £ers 'iTTn lir^ if^^^'St but in any other case he is not bound to do so unless Bufficiunt security is given to indemnify the government against all costs to be incur- red upon such proceeding; an*! in such mao fii/, ^ • . ;;'fon«ation'nu.^''VS ;,.'""!• '^'-" ^^efendan ts are I.e names of the person who fiveV/^n'^ 'T^l^''^'- "" ^' <' day has solicited the 'itfnrnl ' !. '' ^"'^ ^' t'lf'v fail to rin « ?-'eral to take %.,c /TeS ' /!'';^'«^r""*.'^'' I^'-oceod t?h proceoriings and of the „erson ' -^"'*' r^ •'*-''"'i"lt. '"' "Jio has become secur tJ for n n^'^f- '^ ^^^ ^^f^^ndants an- ''C- ^tI- '• '''■' -^' 5088) K d%,;""^v-Hhia %';; .>98. The summons for thflt ' nv ' 1 ™-'^'?' ' '^"'^ ^^H' prose- tl'e presenting ti the s , f ' r T, ^'"""'^ ^« answer nor court, or to a judf^. 'nf I ^'"" ^'"■<^*' '^avs. ' a.^^pocial'information^'?S', »«03. Within three dav, ;a.»W conclusions "la .tf ' I'ir ""^ "''"^ "'■ ti-eanswT to the nature of the co •« I f ' ''''*'^'"^'''' "i"^^t Proceed venuon, and suppoi-ted 1 v at Z'-rn' r'''^" '!'J^^^-"tioJs oS :? fc'L!!^..^'- -tisn.c{i:^;;^ -:^^-i.-tliesameman! affidavit to tlie 'saUsHicK tt V it'of " '' J"'^^'*^' «"d ;., ^^"* or iiummous cannot '-^ue upon such informS "•'thout the authorizaUon of the court or judge. -Th?s mi2^fJ - 4 -rits'5 ner as proof is made i ordi- 7'y casee ; and af er tt ;;^os;ng of his proof a^Xit! n a turther delay of two days, the defendants aTe 'jound to adduce tbvvLnle prohilution, must be in t/.^ t. ''' ^^'^^''idants is closed J^n^eform as ordinary ^Ws eV*''"'''?"'"'' '"^7 h^* aK coS;/w,'''"^°^«»°^mons for ft- fn T '' occasion TZT^^ f'e persons acting I of tl l ' n„ I- '-"^'^ "«*, either legally as a corporation n,. ' fi ^ Parties may inscribe t^e corporation comp\a ' ^ i,^',.?"^^^«^ ^'^ariig on he 0- oappear on a darfixedl mrtv^'n ^/•'^'^^. *''« «PP«3 te b) the court or judfre—Tfi^ii^ ?°*'°e of at least one served, in the fir^t cfse. upo 'Too'^'t, ''^ '^^ «-^'^- some one of the ner^nn^ L„. ^'^^ court or jud^e E^ corporate ri|hJ°o I ^ 1?^^ ^'^ ^^'-7« ^S- place of business of the n4n I ^1/ l .'^ necessary tor the ciation, speaking to a ''« ".^' "^J"^^^ce. sonable p'erson ; ard, tn the ' nrn""^-- ^'^'^^^^ithstanding th. econd case, accordiurt o tl o ' } ,?VnTl ^^"tained in In^ provisions contained'in a ■ I ^i ^^'' *^*^ 'defendants mav -ri tlree^l^Ti'h^-: j «ons or' ?SeS7t^rtt u?ual extension^ ^vC the InTn' ^^^ ^'«^°^ advisable! distance exceeds five leae-ue, f^fu *^'^ Plaintiff may demS *e prescribed by article f 5.''' ''^ffAl'' VP in defence' I 1007. If the judgment de- 160 CODK OP PHOCKmuHK, PAHT. II, BOOK II, TIT. II. ! i Clares tlip .Association to have been illegally formed, the persons composing it are per- sonally bound to pay the costs ; and if it ho rendered against a corporation, puhlif body or board, the costs may be levied eitlierupon the pro- perty of such corporation or upon the private r.ropeity of the directors or other officers thereof. 1008. Whenever any cor- poration, public body or board, lias forfeited its rfght,-^. privileges .'in.nr in t)(e ordinary from. lOi ;J. If tiiere are no debts du',; by sucii corporation, or if Siich debts are not known, thr n the curator must proceed to the sale of the immoveables to the highestbidder,after giv- ing notice of such sale, in the same manner as the sheriff ''^^-M. lO^L Any person M-hom "n^'^r the common L;- or th. •^'•. "^"^ ^'orson Mhom ^•as creait-d in virt,./!f ',n, !• J."*'-^ent declares t i^ ^•"^;-..teor ordinun:'' '^ ^"•>' r' Jtl^"!! to the office or the n- mentioned in ar icleS-" ^'^'' '^^"^'^' Papcs and in ?":L?!?_.«--> ^leCSl £?,',.'" ^^- possessionor Je«nalSe^t,SS^^ 'Sl^ ^^ -^ti^'S r franH ' "^"'^ ^o snciroffic ! j ent U fth "'\ ^^'-'""^''^'^ ^^ b' or franchise, and allege such hdni V "*'*''' ''''^''^^t P^e- t^cts as are necessarv + H i^*^ ^° ''^ny cr minal nrn si'ow such right \n7,^ If *^3'"gs to which sMe" SatT^ ^" '"^^ cat rr^°'"^^-^>^ be liable "^'^'" ft; .12°" ^^« claims of I SECTION III. Of MANDAMUS. "0th parties. orders the d .1 S J'"lSO'C"t| ■ «fc^r''^'5"SSfrom%ho se'"''T ',?■.*'= f"""--? ca- orace, franch se or nrivn«o.l .• whenever anv cnr and condemns hirj:^\\''\f'>'^\on neglects orKjj f"3t5 to the compIainant^J)??''^^.''"->' "^^ection whrch the court or judge mav«T«n P'.'''^ it ig bound to inake ■.ft". 162 CODE OF PKOCEDURE, PART II, BOOK 11, TIT. II, m bers 'as may have been re- moved without lawful cause : — 2. Wiienevcr any person holding any office in any corporation, pu})Iic body, or court of inferior jurisdiction, omits, neglects or refuses to perform any duty belonging to such office, or any act which by law he is bound to Eeiform ; — 3. Whenever any eir or representative of a public officer omits, refuses or neglects to do any act which, as such heir or repre- sentative, he is by law oblig- ed to do ;— 4. In all cases where a writ of mandamus would lie in England : — Any person interested may apply to the superior court or to a judge in vacation and obtain a writ, commanding the de- fendant to perform the act or duty required, or to show i cause to the contrary on a day fixed. io33. The application is made by a petition, supported with an affidavit affirming that the facts set forth in said petition are true,and present- ed to the court or judge, who may thereupon order a writ of mandamus to issue. Such writ is served in the same manner as any other writ of summons. UtS.Q.^avi. 5990). 1034. The proceedings sub- sequent to the service are had in accordance with the pro- visions contained in the first section of this chapter. 10S5. If the petition is well | founded, the court or judge j may order the issuing of a j peremptory writ, command- ing the defendant to do the thing demanded of him ; and if he fails to comply he may be held by coercive imprison- ment to do it, unless the defendant is a corporation, in Avhich case it may be con- demned to pay a fine not exceeding two thousand dollars, which is levied by execution in the ordinary manner against its moveable and immoveable property. 1036. Any person to whom, or the person representing any corporation to whom, the peremptory writ is direct- ed, is bound to return such w-rit on the day specified, together with a certificate thereon of its execution. 1037. If the matter relates to the making by a corpora- tion of any election to an office which is vacant by reason of such election not having taken place within the time required, or being or having been declared null, the proceedings are the same as above mentioned ; and the writ commands the proper officer, or, in his absence, such person as is appointed by the court or judge, to pro- ceed to such election, at the place and time fixed, and to do every act to be done in order to such election, or show cause to the contrary. 1038. The person to whom such writ or peremptory writ is addressed cannot, however, proceed?to such election with- out giving public notice thereof in writing, in the French and in the English ant to do the 1(1 of him ; and it, unless the 163 ivKr"''^^^"cli.togive «0"rt of 3f' J!f^ to the pnncipal office o, «' nf business of sdpI, ^i ^ ^^ ^* is, and if here .„'P'r^'°" • '-''•-re IS no church places7ns''u''cVlocS done in „rd„ tZL ?''' f" i «'' the hXL 1 '""''"I'g cei)f ;„ ' ^" ^ bench, ex then in onc^ ofTho'm " .'^'"'•^•''' ' '»' icilrcn''"' ''^'^ting'fo places i„ .s'u^eVtS P'''^'- I offices";^^^^^^^^^^^ SECTION V (a.) OF INJUNCTIONS, 13 I'nSror^anv'P'f'-^^"^*' of, in vacntf^ J"(lgethere- Junction,VrSn/t7. °^'"- pension of an varS '"^ ^''^• iSir^toVir^^^^^^ inferior jSiot^on""''^' ^^'l^'on unfeX^"^ /orporl ever they /x!eed T ■ ''■^^!'- having fnTfini J Tu^ ^^^^out •Miction. - TW „^''^"' Ji'i-is- lities g|t forfi'^"^ i^^ ^orma- for, obtained Ld'". ^^^^^'^ ^y law or hv^-f "^ Prescribed in the same manni ^"^^^^^^ted 1 poratbn fL^' ^^^tof incor- of-andaTus?rd"w;?h"S| '^ on'fts'o^t^LhS'c?'^^' *ame formalities. ^"« Possession to Upi, causes any land th« ^'^^"j of SECTION IV. Q/' Prohibitions 1031. Writs of prohibition SECTION V. General Provisions. therfghtl^of^?^?^'-'.^^^''^^" Pomifn\t^T--Palcor- elector entitled to vote causes " to hp 'r«o"^ """^' - ^^"d the'pro'pe^t/'o?" .1f^ persons. PvpT^Vf-"^ ^ ^^^^^r of demombn^'""'^''^orks tion; orwHp ^""struc- Poration:et"--J"ohcor- . , Procer ,Ung, bevonr? -^ '^''•^ -'-s,orwas°?a.;::;pSi: , A* 164 CODE OF PnorEDl'KE, PART II, BOOK II, TIT. II. i filU'd the formalities pres- crilic'd hy huv, or liy its act of iiicorporatioii ; — 2. When- ever any person, who has not ac(iuire(l the po.ssessioii of one year, aii'i who has no valid title to the ])roperty, causes work to he carried on, upon any land whereof ano- ther is pr(i))rietor tlirouf?h a valid title, and of Avhich he is in legal i)0»fiession : 3. Whenever an}' person floes anything in breach of any "written contract or writu n agreement; 4. To prevent the transfer of shares .m 'iny corporation or coii!])any, when such shares belong to minors, interdicted persons, married women not sepa- rated as to property or unau- thorized, or persons legally incapacitated, or when the ownership of such share is in dispute, until the superior court or a judge thereof has adjudicated on the right of property in such shares or stock, or has granted per- mission for the transfer of such shares; 5. To prevent one or more members of a commercial partnership, either during the existence of the partnership or after its dissolution, from doing acts inconsistent with the terms of the partnership agreement, or with the duties of a partner. This provision ap- Elies to persons being or olding themselves out as being repieseuialiveb of a deceased partner; 6. To pre- vent any person or corpora- tion from trespassing on the property . ■ ii, or from dtstK.^iii-, oLing, or remov. ',' imv iir iperty be- longing to the Crown or in whicii the Crown has any righl or interest. (A'. -S'. (J., art. 5091). lo33/>. The application for the writ of injunction is mnilc by [)etition, support ■■'1 by one or more affidavits setting forth the facts of the case, and accompanied by such documentary evidenceas may be necessaiy to establish tfte pf'titioners's riglit to the sa- tisfaction of the court or of the judge, .md the proceed- ings thereon are had in con- formity with articles 098 to lOOts inclusively, and with article 1023. (/ court or judge may, in their discre- tion, order that notice : six hundred dollars, or any other higher sum fixed by the said court or judpre, fo, the costs and damage " 'hich the defendant, or the sr against whom the a injunction is directs mig suffer by reason of the issue ^ 'k. y, and with ifir<./->f rr. . ■'■ r, 1 I . thereof. Vnon tU. r. '—'.-«. ktp. I65 as it n.«\ ;'"'^'' "mount 103 3<'. Tiic urit ,.(• • • saJnc /nn/inci' .m . " r. fV' V/?J"' ^'* ^vrit uf '^^ V'" suspend U 'a ^nrN^"'''' '•'-'-'• '^ cee•» h the superior court, by raeuns of ceriiorari, over iudc-. Iments rendered, Within ?fe l^'?t««.f^fh^ district or circuit for which It is held, by the cpmniissionnerB' court men- tioned in the preceding ar- ticle, or by justices ol" the j>eace, wherever a ceriiorari nJw^-- ^^ ^""^ *l3o an ap. pellateiurisdictionoverjudL sioaers court or by justices ■S'i lJ6».soa».' , ...-^- »i,. 170 CODE OF PROCEDURK, PART 11, BOOK III, TIT. I. of the peace, for taxes, agsess- ments or penalties, imposed under the Municipal Code. Ui- S. Q., art. 5995). 1058. Whenever any suit or action relates to fees of office, rights, rents, revenues or sums of money payable to the crown ; titles to lands or tenements; annual rents or other matters by which rights in future may be affected, the I defendant may, before plead- ing to the merits, evoke the ; suit or action, and require it to be removed to the superior I court in the same district for hearing and judgment.— The ' declaration of evocation is i filed in the record which is I thereupon removed to the ' office of the prothonotary, ' and the sujjorior court deter- mines in a summary way whether the evocation is well founded or not ; in the former case the court tries the cause and renders judgment there- in, and in the latter case the cause is sent back to the cir- cuit court. If, in any cause susceptible of being evoked, the defendant in his defence disputes or calls in question the plaintiff's title to any immoveable, in such a man- ner as might impair or inju- j riously affect the plaintiff's rights in future, the latter I may evoke the suit, and pro- ceedings are then had as in cases of evocation by the de- fendant. 1059. Thf"! rulog contained in the first part of this code, and ill the first book of the second part part of this code, namely :— in the preliminary provisions; — in the third, 'fourth, fifth, sixth, seventh, I and eighth chapters of title j first ; — in the first, second I and third chapters of title ! second ;— in the first chapter, and in sections 1,3, 4, 6, 7, and §§1, 12 of section 5, of the second chapter of title third ; — and in the second book, in the second, third, fourth and fifth chapters of title first, — apply in like manner to the circuit court, except as regards trial by jury and such rules as are in- consistent with the provisions I of the present book and such I as can only apply to the su- ^ perior court.— All the powers conferred upon the superior court, or upon the judges and officers thereof, respectively, relatively to matters within : their jurisdiction, are also I conferred upon the circuit I court, within the limits of its I cognizance, and upon the I judges who hold such court : and upon the officers of the said court respectively, with I regard to the same matters and the other matters which form the subject of the pre- sent book, or with regard to any other matter concerning the manner of conducting suits, actions or proceedings in the circuit court.— What- ever may or must be done by the prothonotary as regards proceedings in the superior court, may or must be douu in like manner by the clerk of the circuit court, as re- gards proceedings before the itj » 'f '°'™"'"-"^™™cn„.v„„,„,„,,.^ US 1,3, 4, 6, 7, atter court, except, however the judical powers conferrerl "Pon the prothonotary in tho absence of a iudee vi clerk of the circ'uKuTt'h': the power of administering oahs whenever thev ar^ZF Si tS' ^"■"Vi' court. It cannot, however Tr«^ befS?e fL ' •^^^. ^««^ sued uerore the circuit court ;^ he coamj. i„ which i" ™ jroSa:?„„™s .i;rLS nant Governor, be h(^]n L «Pting the countiesof Ho-' in Uce;v,toS-Sha?r Richmond, Bimouski.Sagu.: My and Stanstead l^h, ■°.'l.ec'i^c'l'it''c*'f ?"»''■'« such aesignation. Upon nrn «unn,a,.he'^abSc,'7i' -^^ ' ^o'^tMUMMkMx. . "fAP. u, PUOVISIONS CO.VOERM.vr APPEAr.nr. atPEALAnLE CASES. ^'HAPTER fi. PROVISIOVS roxcERNTNc AP. PKALAItu; CASES. SECTfOX I. i'norEEnrx.s „eeo.e ..o^tks- TAno.N, OR IS L-NCO.V TESTED SL'ITS. S ^.[^""^""Jjl- cult court. ^ ^^"^ <^^f- 173 I l^y an act oft 1,0 clerk nf ti, (Closure, l)etueen cfl, iaw without any dema„d of Pli'a being necessary. SECTIO.V III. OK PROOF AXD IIEARl.vr,. SECTIOK II. OP COXTESTATIOX. iert f^ fi "^ ^■•^^"'t are siib- •''i'V^ti.e provisions concer n>ng the same matterq iL tV snm-iov court evrfnti^^'' gards the delays -^S.vf "'■ sue is-^fi.° ,^««Pl«te thi s. »"ts IS five days.— TliP Hn(„ "0 Pica hp L , "*^''^"^- -ff of a -^ '^{*'^'' t'l^ service i "' a demand of nl^o A party in dpfnni/- J^^^' *'ic .y 'u aetault is toreclo^ed «f the c'irotl^^!,'™'»r.. term . i^'^- Contested c-nn^ „ !'"c,il,«I „, tl,o same ,,S £"";,, ■^;;;S,,f -,;V,"„- visable to adjourn the ca^P on account of the absence of son^^e^material witnessre\i5 174 CODK OP PROCEDURE, PART II, BOOK III, TIT. 11. f I'f St' I llii ^?P In the same manner and by observing the rules pre- scribed for the superior court, the proof may, with the con- sent of all the parties, take place on any juridical day in or out of term, and may be written down at length.— The clerk of the circuit court mav receive the depositions and swear the witnesses in the absence of thi- judge ; or they may be taken before an examiner.— In default cases, and with the oor sent of the parties or their advocates in contested ciscs, depositions of witnesses may bo taken at any stage of the proceedings on any juridical day in or out of term and at any place whatever and oe sworn there- after before a commissioner of the superior court. (It S Q; art. 5998). 1076. No person residing at a distance of more than fifteen leagues from the place where the proof is to be taken, or beyond the limits of the circuit, is bound to attend as a witness, unless he is sum- moned in conformity with the provisions contained in articles 246 and 247. 1077. Whenever a demur- rer has been filed, the case may, nevertheless, be inscrib- ed for proof and hearing, re- serving the argument upon the law issues until after the proof. 1078. The court may at any time order the proof to be had, or a witness or a party to be examined in ano- ther circuit, and may order that the record, or a part thereof, be transmitted for that purpose, according to the provisions contained in article 241. SECTION IV. OF JUDGMENTS. 1079. The provisions which relate to judgments and to costs iu the superior court apply also to judgments ren- dered in the circuit court. 1080. When a judge Avho has heard a cause is incapa- ble on account of illness, ab- sence or other cause, of ren- dering judgment in person, he may transmit the draft of the judgment, certified bv him, to the clerk with ins'- tructions to record such judg- ment and to read it. or to give communication of it on demand to the parties or to their advocates on the dav previously fixed for that pur- pose by the court which shall have taken the cause en de'li- be're.— The clerk, on receiv- mg the draft of the judgment and the instructions accom- panying it, is obliged to con- form to such instructions : and the judgment so enre- gistered, has the sameeflfect as if it had been rendered by the judge, during the sitting of the court. {U.S. (J., art. 5999). SECTION V. OF THE EXECUTION OF JUDG- MENTS. 1081. Writ3 of execution CH.P. u, PROVISIONS CONCEUNLVG APPE.r . n the navm.n. ...... , '' ^^^^^^-«^b cases. 175 for the payment of a sum ne «oneyissueagainstU,emT)ve trirt — Ti,„ y ^'"cr dis- him executed in such ^r/ Jr the"; "^ ""^' otlief^Hstd r 'iressed to the shpHff ^' U ,V^ „ Z.*^^ executed. execufinn'^^I*'P^'''''*'0"stoan pro? r wE"'* "«"^''W« e court the jur sdiction o^ whjch issued the vvrU. ~„^^ c^^u!:ie?S an opposition to tt?e ^^^vl eierk are empowered L "1 sheriff of such H! t ; ^ ^^^^ ^•eturuable'to ho"',''''"^'' court of such di.*ttt^:"^^"-'- . loST. In the ms« r.*- immoveablew hirf, .'1 1 f ''" jueied or in cases of arrears |0^ rents constituted iml^ J„ainst such immoveable n/ ' ^^ vvnicd It IS situat- ^ wilt of execution is re- 17G CODE OF PUOCEDCHK, PAUT II, BOOK III, TIT. II. I .! is :- turnable, in the same manner as if tlie judgment had been rendered by such conrt. !()«}). in other ie.si)ect3 the forinuliiie.s of tlie seizure and , the sale of moveables are the : same as upon executions of judgments of the superior conn, and the provisions concerning seizure by gar- iiishment after judgment" in' the sujjerior court apply like- ; wise lo sucli seizures issuiu"- ( from the circuit court. ° ! 1090. Upon the return into the superior court of a writ CHAPTER III. PROVISIONS PAnTICCLAR TO NOX-APPEALABLE CASES. I093rt. Except in the di5- ti'icts^of Ueauce, Rimouski of execution against immove- ables, granted by the circuit court, the former court may order the clerk of the latter totransinit the original record in the case, that it may serve for all legal purposes. SECTIOX VI. OF REMEDIES AGAINST JUDGMENTS. 1091. Anypartvwho deems himself aggrieved by a judg- ment of the circuit court may obtain a rehearing of the case before three judges of the superior court, according to the provisions contained in articles 494 to 504. ,1093. Such party has like- wise a remedy by appeal, in conformity with the provi- sioiis contained in the fourth book of this code. and Terrebonne, to whicli articles 1093, 1094, 109.5. 109G I 109T, 1098 and 1100 exclusi- vely apply, if the action is '< returnable in term, the pro- { ceedings with respect to appearance, default, judg- ' ment by default, and relief , therefrom, confession of judg- ment, written pleadings and the inscription of the case, are the same as in actions returnable in vacation under article 1099. H. S. (J., art. G002. ' 1093. When a non-appeal- able case is returnable during term in the circuit coui-t. the defendant is bound to appear in open court on the dav and at the hour specified, without having a delay until the next day to file his appearance. 1094. Ifthejudge is absent the case may be called, and appearance or default record- ed by the clerk. 1095. Confessions of judg- ment may be given orally in open court; or out of term pursuant to the provisions contained in articles 94 and following,and judgment may be rendered accordingly. On any day during a term or the time fixed for the holding thereof, it the judge is absent or cannot hold the court on that day, such confessions may be given in the same ""■'""""''•'»• "~-o»o.v..,.p,:,,e«,,. t in tlic di5- mannoras out of tenu. y,- *>■ (,>., art. (5003. 1000. irti.ede/endantfail- f<"-tlnv,t|, proceed wj , h 's i;;-oon und the cou \C ucconlin.Wy J^^'^'^aent 1097. ft' -the case is return able ,a term, the defen.hn^' upoii appearin... is ho ,''/'• plead forthwith Jk m " =^oin^n.iti^gon.ral'lVa ,fis ;;-t.on unless the 00.^^0" ■vAi • L *''^ Pl'^as shall '^'thmahxeddelav^lMMZJ' out H. writing; but the p at ti„o ceediags with respect to ^ Pearance, default.^ judimeu by default and relief 'tW tiom, confession of indcr ment, written pleading a.S the inscription of the" ^ai Ses^1r^^^VPP^-iabI,^ oases ;■ but no ^Sl.TZ plea or ot answer is necessa- cios re ;'/° ''^^^"" ^ f"'*^- «-iosuie; the notice of in- hreJ '? -"■''" -'t least d^tl^. ;v' 'rf'"'^'''an.l; and 't the defendant fails to an- pear or to plead, the plaint f , .yio bound to give notice I for 00^^^ l!;^,S;^-^^"^"chproofis ! 1100. Ifthe defendant fails aseT;''"''^';l°'''^'-'^ !.; ," ' V"'}^^ at any time 1 Keed to judgment in the l-^nemannerasiftheactJi^ '''';i;^t'';'''able in vacation. '» made <.rallv and in onen oourt, without Its being C ^I^ ''"^^ -^- ^ the lloa Judgments for sums en only be executed upon be moveable property of' he ypothecary actions, or of i^'nts created under the se Srl'"^^^"^ 1854. in which execution '"'^''^ "^'^^^ '^^^^ veah , ? '''°'''',"^'^ the immo- the ''r'>'^'^ according to t nr™'' r ^^'^^ prescribed in the precuHing chapter. 110^. J he provisions rnn kerning oppositions and stay" proceedings, containedin well 'aT'tLo^ ^'^'^P*^'-' ^ uui as those concerning seizures by garnishmentaftef J";',^.'f »t' «^"st also be oh. Sf "^ '-'-appealable suhs***n,/w"'"':'''PP^^''^^le suits aie determined in a nummary manner, and when the amount claim'ed does S 178 CODK OF I'BOCEDUKE, PART H, TiOOK III, TIT. IV. r • exceed twenty-hve dollars science. The provisions of they are deeded according article 1080 am.Iy to non equity and good con- , appealable caseV. to TITLE J II. OF SUITS BETWEEN LESSORS A^TD I.ESSEES. 1105. The circuit court has jurisdiction in cases between lessors and lessees, whenever the rent, or the annual value or the amount of damages claimed, does not exceed two hundred dollars. 1106. The provisions con- tained in the first chapter of title second of the second part of this code apply to suits brought before the cir- cuit court. TITLE IV. SUITS I]V CASES OF ItEEOAI. DETENTION OF I.ANDS HELD IN FREF A» COMMON SOCCAOA. 1107.- Concurrently with the jurisdiction of the supe- rior court in such matters, petitory or possessory ac- tions against persons illegal- ly detaining lands held in tree and common soccage in the townships mav be brought before the circuit court in the circuit within which such iands are situated, or out of term before a judge of the i superior court, who may hear ' and determine such suits in vacation, as the circuit court might also do, whatever may be the value of the lands : and the proceedings in all such cases form part of the records of the circuit court 1108. The plaintiff in anv sxu'.h !;'uiis may add conclu- sivr-, ''or the rents, issues and profit.. ;jf such lands, and for any other damages he mav have suffered. . 1109. Such suits are sub- ject to the same provisions I as other appealable cases in I the circuit court, as regards summons,pleadingand proof 1110. The defendant may plead all matters of defence even adverse title, and mav also claim, by incidental de- mand, whatever sum he may be entitled to for improve- ments made upon the Jan ds. 1111. If either of the par- ties IS aggrieved by the judg- ment he may inscribe the case tor hearing before three jud- , TIT. IV. ' provisions of ai'ply to non- ses. provisions con- tiist chapter of of the second code apply to before the cir- ^;iAP I, or ERROR APPKAL FRnu , '••f.ALFROMJUnoMENT.S, FTC twent In ," ^"" within twenty ,iays dom service of judgment, and such hwi,^ lect by means of a writ of 179 possession, as 'nrpanriu^ , • articles 549 ?^,FS'^^<' '» ofqueen',?KV?ntl'. '""•■* thek"?q ti.n „ " never- , utass, the security must hp Mil KTIOSr OF ninoDir ' add condu- its, issues and ands, and for ages he may uits are sub- le provisions able cases in t, as regards ngand proof ^endant may s of defence, tie, and mav icidental de- sum he may or improve- )n the J ands, ' of the par- by thejudg- :ribe the case re three jud- BOOIv IV • OOUHT OF QnEE.V..S BK.Vr„ ^PPE.U «,0E.) CHAPTER I. OF ERROR AND APPEAL KROM JUDGMENTS OF THE svH RIOR COURT. qu«n-s bench sittr„g°T„"ap°! can be argued in error. ' sam„ ; I "''I'""'' 'ies to the SSe'r?e„"aTreS"-bT «-"or?;s;,-fi[ I matters concerning muniri I pal corporations or offices a." K^- A. ^/, art. 6004) son*^w1;^\^^^"t^.^«^«^ss,noper. 1 rev"'e/tf ^^' '"scribed in review before three iud^Pm the judgment of he su' uLrPn! •'"^^'^ent confirm.^ I lance. (/c?.^ art. 6005.) frn^^^. ^" appeal also lies nhf'&"J?^^J"dgmen?: wT. ^°/lowing casi s • _ 1- When they in 'part decide «.ai .^„ Vs>>>, IMAGE EVALUATION TEST TARGET (MT-3) «/. ^/ :/. f/. 1.0 I.I 1^12.8 1^ 1^ 2.5 2.2 la 10 11-25 III 1.4 1.8 1.6 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 .\ "Q ■1? :\ \ •iF. <* tA C5 1^ 1 180 CODE OF ri!OCi:DL-UK, I'AItT II, HOOK IV, TIT. IV^ I tlic issues ; — 2. WhtMi they order the (loinj,' of Hiivlhiiifr whicli c.'uiiiotbe remedied Ity thefuial judf^-meiit:— ;!. Wlio'ii they unnecessarily delay tiie trial of the suit. 1117. Proceediiitrs in error or apiieal from Jiidf,nnent.s rendered in tiie (ii.striets of Montreal, Ottawa, Terre- bonne. Jolietfe. Hichelieu, St. Francis. Bedford, St. Ilva- cinthe, Iherville and Bean- harnois, are brought, heard and determined in the city of Montreal, and the writ is made returnable there, and the like ])roceedings ajj^ainst jud.Lfinents rendereil in the districts of Quebec, Three Ri- vers, Safruenay. Chicoutnni, Gasja'. Rimouski. Kamon- raska, Montmaj^ny. Beauce and Arthabaska, are brought. heard and determined in the city of Quebec, and the writ is made returnable there. 1118. Saving the eases pro- vided for by articles 82;), 1033 and 1037, proceedings in error or in appeal must be brought within a year of the date of ihe Judgment.— This delay of a year is binding even upon rainors, women ' under coverture, jiersons of unsound mind or intei'dicted. and upon ]»ersons absent from the Province, when those who represent them, or whose duty it is to assist them, have been duly brought into the suit.— If the {larty dies bcfoir appealing, the delay is reck- oned only from the day of his death, against his heirs or his legal representatives. — Pro- : ceedings in error or in ai)i)eal may Ije taken iluiing the de- lay allowed for demanding a review before three judges, and after proceedings in re- view have been commeiieed if the party wiio has taken such i)roceedings disconti- nue; the same. — In cases of judgment by default in vacation, the delay for a]i- ])ealing runs only'doni the expiration of the time al- lowed for filing an opposi- tion thereto, (/i'. S. Q., art. 6oot;). 1119. if the appeal is from an interlocutory judgment, it must tirst be allowed t»y the court of queen's bench, upon a motion, supjtorted with co- ])ies of such porti'ju of the record as nniy be necessary to decide whether the judg- ment in (piestion is suscep- tible of appeal, and falls within one of the cases spi'- cilied in article 1116. — The motion must be made during the term next after such reu- deringof the judgment, and cannot be received after- wards ; saving, however, tho party's right to urge his rea- sons against such judgment n])on an appeal frcmi or pro- ceedings in error against the final judgment. llJio. The motion must be served upon the opposite party, and, if requii'ed, is fol- U)we(i by a i ule, calling upon such opposite party to give his reasons against the grant- ing of the appeal ; and the service of such rule upon him has the eliect of suspending criAr. I, OF i:i;i!(.n and Ai-PKAr. tnoM .jl-I)(;.\ik\t.s, ktc. 181 all procoedincrs before the court ix'Iow. 1131. Procoodinps in orror or in a])j)eal arc l.roiip-ht liv means ot a writ, in the Kn'- glish or in the at his ;?'"^ ^'"'^"' '■"^'■' '^* ^''^' protirondt V of ,u n 1 .''^^'':\?-"''l'^' the court, whose ju.io-ment b rm aulv V. ^' "'" '"'; '^ ""^'^'^'^'^ from, tlmt Ik^ does tu toima! ty is not reipiired not object to the lud-niient m^'V" """'ty,-If the rendei^^d against h ml ",'! ■ippeal IS from an mterlocu- executed acT-ordiu^Mo law in toy ^udgm.nu the clerk which case he is cm Iv bourn m>t endorse upon the writ to give security for tlu >.it It IS issued by order of mentofthe cJsts in a the court. 11*^3. Thedelavforreturn- ino- the writ may be extended, according to tlfe distance be- tween the place where the .IJidgment was rendered and tlie place where the writ is to w returned. of lias. The writ of error or .store the jiay- — • ■-. ..,>peal, il he fails : and if the judg- ment is reversed tiie respond- ent who has caused the judg- ment to be executed is l)ouird to refund to the aiiindbuit the iietiinKjiintonlyofthemoneys levied by execution, together with legal interest; or to re- appeal must be served 1 property of which ipon the oi)posite party b 10 was put III possession, to- leaviiig a copy with hi y getherwith the rents, issues m or and profits since 182 CODE OF PnoCEDURK, PAUT 11, BOOK IV, TIT. IV. if' 1125 Theseciinty mustbe receiv(.>(l before one of the judge.s or the protlionotary of the court in whirli the judgment was rendered ; und such jndfre or prothonotarv may swear the sureties olief- ed and ask them anv jierti- nent (|uestion with "respect to their sufficiency. 113«. As soon ap the sure- ties have been received and the bond has been formally executed, it-is the duty of the protlionotary of tiie court in whicli the judsTiiiciit was ren- dered to make u|) and com- l»lete the record in the case, according to the forms pre- scribed by the court of ap- peal, with a list of all the papers which form [>art of it, and a transcript of all the entries in the registers, and, upon being ])aid his fees, charges and costs of trans- mission, to send them up to the court of ai)peals ; and such return shall i)e certified oa the back of the writ by the judge or by the j)rotlio- notary. nil If the writ of error or ot ai)peal is not returned on the ilny n.ved, the appel- lant may ol)ta in a rule against the i)rothonotary in whose hands it is, ordering him to return it. — The respondent in such case cannot be con- demned if he fails to appt-ar; and if the prothonotaiy is in default, a new writ m'lat he issued and served in the same manner as the first, \vithout lapse of the jtroceedings al- ready had. 1128. The appellant and the res^)ondent are both bound, it the writ is returned within the proper delay, to file an apjiearance in the of- fice of the clerk of appeals, before the expiration of the eight days next after the day fixed for the return of the writ and record, on pain of tieiiig foreclosed. 112!). In default of the writ and the record being returned on the day fixed, the respon- dent, upon jtrodncing the copy served upon him, may obtain judgment 'of nonpros and be disciiarged from the appeal, unless the appellant proves diligence. 1130. Unless the court otherwise orders, the respon- dent may, within eight davs next after the period allowed for filing his appearance, set up by motion all grounds of exception or of'demurrer, and all grounds of def"n;-,e result- ing from :— 1. 1: alities ni the issuing ry r'n'e of tiic writ ; — 2. Jns.u'nciencv <)f the appeal bond ;— 3. Non- existence or forfeiture of the right to proceed by error or appeal ;— 4. Acquiiiscence in the judgment; —5. The re- nunciation of the judgment in (lie court below. 1131. The appellant may apply by motion for a reduc- tion of excessive security, if he lias been obliged to give it. 1133. If both parties seek redress against the judgment, their cross-proceedings in er- ror or ill appeal mav be join- ed. mmm CHAP. II, OF APPEALS KROM THE CIBCUIT COUHT. 2 appellant and lent are both ! writ is returned proper delay, to ranee in the of. l-rounds of (demurrer, and Mef'Mi.-e result- L- ii alities ? 0' rice of I. Jus.ilnciencv )ond ;—,■{. Non- Jrteiture of the ed by error or .ccpiiescence in ; — 5. The re- the judgment 'low. ippellant may ;)n for a reduc- ve security, if iged to give it. li parties seek the judgment, ceedings in er- 1 may be join- nS3. The appellant must file his reasons of appeol or assignment of error within eight days after the return of the writ and record ; he ran- not, however, be foreclosed from donig so until the expi- ration of another delay of six days, counting from the de- mand thereof. 1134. If, however, there are demurrers to the proceed- uig in appeal or error, the demand of reasons cannot be made before the judgment upon the demurrers. 1135. The respondent has a like delay of eight days to' answer the reasons of appeal ' or error ; but he cannot be foreclosed from doing so until after another delav of four days from the demahfl of such answer. 1136. The court, or a judge in vacation, upon applica- tion, of which the opposite party lias had notice, may, or good cause shown, pro- \ long the delays fixed by the ' two preceding articles. 1137. If the reasons in ap- peal or error are not filed within the delay prescribed, the respondent mav demand tbe dismissal of the appeal or proceeding ia error, with costs. 1138. If the respondent fails to file his answer with- in the delays prescribed, he 13 foreclosed from doing so and the appellant may prol ceed as if the respondent Wd not appeared. 1139. The provisions con- ' cerumg election of domicile i 183 by parties and their advo- cates and attorneys in the su{)erior court apply also in matters before the court of queen's bench. 1140. Within ten days after thehlingof the respondent's answers, each party must 'il<' in the clerk's office a I'l-inted factum, or ca.se, and. in default uf his doing so. the proceedings in appeal or error may be declared to have been abandoned with costs against tlie appellant if he is in de- i ault, or the case mav be , lieard exparte if the respon- I dent is in default. I 1141. As soon as the an- ^ swers are filed, either n.vrtv I luay, after filing his factum or I case, inscribe the case on the I t'oilforhearing, afterthedelay j for hling factums has expir- ed, upon giving the opposite party ut least two days notice oetore the case is called. 1141a. Every appeal froin in- terlocutory judgment.s must be inscribed by the clerk of tlie court, and heard bv pri- vilege in a summary manner, without any reasons of ap- peal or error or factums being tylGd.Ui.S. ^., art. 6007). CHAPTER II. OK APPEAL.S FKOM THE CIIICUIT COl'KT. 1143 An appeal lies to the court of queens bench from any judgment rendered by the circuit court, in the fol- lowing cases : — 1. When the sum or the value of the thing 184 CODK OP IMJOCKDUKK, I'AUT II, IIOOK IV, TIT. IV. • It'iimndcd aninuiiLs to or cx- cetMl.s one liiiiidnMl dollais ; I'xr'cpf, however, in suits for tile recovery of iissessiiieuts for schools or school-lioiises, or f(»r monthly eontriliutioiis for schools, juid in suits for tile recovery of assessiiieiits iiii|)osed for the Imildinj;' or rejtaiiing of cluirchos. pei- soiiajros iuid chiirch-yanls. Cases in which the evidence has not been taken dow n in writinf,' en i only be apjieal- od on pointsof law; — ■>. When the demand is less than one hiindreil dollars, hut rehitei-; ♦'■ t'vv< of ollice, (liities, rents, revenues or sums of monev payable to Her Majesty ; — 3. When the liemaiid, tliougn less than one hiindreddollars. relates to titles to lands or tenements, annual rents, or other luatfers in whicdi'lhe rights in future of the parties may be alfected ; — 4. In all actions in recofrnition of hy- pothecs. — Special provisi(jns rejrulate appeals from judt,^- ments rendered in the '.Mag- dalen Islands. lUltt. Nevertheless no per- son, who has inscribed in re- view before three judges, anv cause in the circuit court susceptible of appeal to the court of (lueen's licuch. and ou sucii inscription has pro- ceeded to jiidgmeut, is en- ll'ia. The party apjiealiiig must, within tifieeii davsiifte'r the rendering (;f the" judg- ment, but without beiirg bound to give notice, give good and sufficient sureUes. who must jiistily their siitli- cieucy to the satisfaction ol the person receiving their security, that he will ])rose- cute the appeal, will answei' the coiidemiiation, ami pav llie costs, in the event tif I lie judgment appealed from Iteiug continued. lll'l. The security niav be given either before ".a jiidnc of the court of ([iieen's bench or the clerk of appeals, or else before a judge of the su- perior court, or the clerk of the circuit court, at the place where the jiidgnu'iit was I'eii- dered, and the bond remains deposited among the records of the court where it was given. 114,'>. Anyone surety siii- fices if he is the owner of real property of the value of titled to api)eal to the court I of queen's bench, from tht i judgment of the superior ' court sitting in review, if; such judgment conlirras that ' rendered in the first instance. ' ih'.S. Q., art. G008). ; two hundred dollars, over and above all incumbrances , upon the same, saving the exci'ption contained iii arti- cle HI.'! ; and the persons authorized to receive the se- curity have power to admi- nister any oath necessary for that ]>urpose. 1146. If, within the fifteen days, theapjielhant files with the clerk of either court a declaration in writing that he does not object to the exe- cution of the judgment, or if he deposits the amount there- of in the hands of the clerk ■, TIT. IV. pnrty jipitcnlinu- tit'lcfii I lay Sit Iter IK .of tilt/ JUdnr- WitllOUl \)V\l]\r ive noticL'. (five flii'ifiit sm-ctii's. ■■^lily their siitli- l" .Siitisfjictioii ot roceivin<,' their .1 he will prose- '■il. will aiisuiT llltioil, JUKJ pjiv II the rvciit of t appeahHl from led. security may lie lu'tbre a jiidnc • ('(pieen's iK-ni'h of apj)ealH. or jiidj^'e of the .•^u- or the clerk of urt,iit the place l^ineiit was reii- i' liond remains )ng- the records where it was one surety siit- tlie owner of of the value of dolhu's, over i incumbrances 10, saving'' the itained in arti- d the i)ersoiis receive the se- ower to adiiii- h accessary for thin the fifteen llant tiles with ^'itlier court a writing that iect to the exe- udgment, or if amount tliere- s of the clerk THAI'. It, OP APPEALS K liOM TIIK nuCfiT COI ItT. 18- appeals or clerk of the I'll"- circuit court Hit court, he need only giv,. |,„und sccuritv for th e ( t( moreover. peal and whatever d may be awarded. o>t;-< in aj.- hiiiHl and tl » certify, under hig images ' cult court, and t le seal ot the cir- o transmit III th( to the clerk of appeals at 1 1 prece.line- article, the provi- sions of article 1121 al ^«ff of the proper pbu.;.;' u!:'";ai:, le niv =o an -, , - [)eti- "^'1 a 0(1 the record in the p- , case with a tra Mscript of the IMS. The appeal isbrou<'-ht entries contained in tl bv a cincllv th petition statine- sue- ndat J^isters of th( e grounds of ion to Slid le le- circuit court in 1 case r,,,a,,.u,n;--Hi^i;'^„,;'rHl;;t;::r-,;l-::!: iioen given, ,111,1 "■■'lying for Ilea,, ippeal iiiav | le reversal of th,. j,n|,r„„.„, eac of th aiiit tl le rendering of such jiiirties ig leaiance judgment as ought to 1 been rendere( Tl lave lis ''oiind to fil^. ;,„ ,|pj '" "!•' oflice of the clerk 'of "I'l'tals : and the clerk of ice tion and a not oil wlii.di it will be ju'esent- U\ peti- apj.eals is bound t of the day such appeal ed, must, within twentv-fi tl lays from the rend 'le judgment, be .serv ■ii'if? of which t o record uuce in the re"-- r, or the default thereof; each case in ve and to ent er till h'> or at his doniicil upon his attornev a./ / I'U upon transmitted to 1 le record has be eu ''Pl'o^>«<- party personal- appellant dne ntn. If the together with or f //rw, t '■•^ appeal mav be i y not appear. a copy of the will o liave b leclared jeen abandoned. S,ri.h?'"il.'^'''*"^^''! ''y •!"' dent fails to 1 costs; and iftherespon- clerk witi sited I whom it is deno- appear, the ap- po- pellant may proceed bv d 114{). Within the same dt lay of twenty-five days, tl fault apliellant must file 1 li.'il. The apjiellant may !>• prove due diligence on hig tion and noti ii-< peti- part, and if cc and the re- the record 'and on the dav fixed, tiuii of service with the clerk 1 ' le circuit court, together h oftl ^vith a certificate 'ii proceediugg lave not Ijeen transmitted cl seciiritv has bee erk of a))peals, stat om tl, iuff that the m e may proceed against the e clerk of the circuit II given, if tide 112 t le bond be in the hand.s of court in inner prescribed in ar- that ofTi oftl the cer ; and the clerk tl le circuit court must give sitliiH^ .ppcllanta certificate of to which the ll.TS. At the first term of e court of queen's bench, such filing, for tl appeal, at the jdace of pnrposc transmitted, after th record has beei ','r;;f'„,.:,'T.'''T,'j."!^''". "-v: '■»«;' .1 that the appeal has been ... stunted. The clerk of th e ex[)ira- , -lys from the III- rendering of the judgment. e or at any subsequent sittino- e>> ;i 186 CODE OF I'noCEDURK, PART U, HOOK IV, TIT. IV. and without .inv other for- i "inlity that! tli,.' lilinj,' of a I printed factum, if the court I requires it, tli.j case is heard I in a sunimarv manner, and I judgment rendered therein I as iu any other appeal. U«3. If theaf»jtellant fails to serve and lile his petition, or to effectnaliv prosecute iiis appeal, he may he declared to have iorfeited his right of appeal, and be condemned to pay costs. CHAPTER HI. oKNEitAL rnovisio.vs. 11S4. Proceedings in ap- peal or error may be Ijrought by the legal representative of a party to a suit who has died.— Proceedings in appeal or error, upon judgments rendered against an unmar- ried woman or widow who 1 lias since married, mav be brought by her husb'and, I jointly with her ; or, in the ' case of a judgment rendered aguinst a i)arty represent- ed by a tutor or curator or other person, but who has since attained full age or come into the exercise of his rights, by such party him- selt, without the assistance ot the tutor or curator who represented or other person who assisted him in the ori- ginal suit. 1165. If one of several ap- pellants or respondents dies after the institution of pro- ceedings in appeal or error, such proceedings may be con- tinued by and between the , other surviving parties. 115«. Four judges of the court of queens bencli cons- { titute a quorum in appeal. — j Any lesser numberotudges or even the clerk in the ab- sence of all the judges, mav, on any day in term, open arid I adjourn the court, receive re- turns and motions of course t-all parties, record appear- ances and defaults, and do all acts which do not reciuire the exercise of any judicial discretion. 1157. The judges in cases I of appeal or error may lie re- I cused for the same causes and in the same manner as in the superior court. . 1138. Any judge who sat ill the court below at the rendering of the final or in- terlocutory judgment appeal- eu from, is incompetent to sit in appeal or error upon the . same. j 1139. No petition in recu- sation is necessary if the cause of incompetency ap- pears on the face of the re- j cord. j 1160. Every leave of ab- sence for more than two uionths granted to any judge of the court of queen' 8 bench IS notified to the clerk of ap- peals by a letter from the i provincial secretary, which must be deposited among the I records of the court and en- tered in the register thereof. llGl When a judge of the I ^"'^iV^ queen's bench is dis- ! quahhed or incompetent to sit in a case, or is suspended ■nd between the ing parties, a- judges of the 'H s bench coiis- uni iti a|_)peai. — umber ot ludges, ^'lerk in the ah- Ik' judge.s, inav, » term, open arid •oiut, receive re- ^tions of course, record ap[)ear- I'fiiults, and do h do not re(|uin' of any judicial rem office, ,„■ absent from t.cr>rovince,oron leave, tie ••lerk of appeals, when there- f*"/'^'^^'>''--^ter, and upon tlie order of a judjrc ..f the court, must notUV the chie f- J"-stK-e Of the superior coun. "**;*• The judges of the juponor court^viriace Iho'e of tie court of., uoen's bench "'""oasesofincompete cv ;<>««nn., suspension, or lean^ .absence, and upon thi bK'fjust.n.o,' the 'superior tb ti, !!"'"'J""""''"^- ^^'ifJ' couH -J'"^^'"' of the said couit, jt isarrangfd between hen. which of 'them ., YJ'jalvw'Ilreplaceanvpa-, que us iH-ncb who is un- able to sit m the case.— The oregomg provisions, as well ut,appl. likewise m the case ncation or incomi)eteiicv of replace another. ll«3. The return of the .o'fofr'^'^^'^' *''^' ^^l>''' ■ ^<^ioflusleave, orhisceas-l '"g to be mconiiietent do J»dge appointed to replace^ ^l^?,"l,t^k^" judicial' CHAP, in, GK.NKIUL i'UOVISIOX.S. 18^ cognizance, nor are thevaf. IiucTi^■l^*''^''J''^'"t'"^ JJ l,fV'/ the court ofqueen's bench who w-ould not be in- '-OQil»etent in the case vJ^^*' ^c^"«^''tbeless, if the "^Plac.ngjudge has not heard judge thus replaced may take I I cognizance of the case and '•^'"d^"'j"dgment therein "'^ ll*io. If the record in the case IS incomplete, either bv reason of the absence of un^ •J«'cumenf, or of the inobs.rv- uiice of any important forma- I'fes, the court of appeals SeV?"". "'^' ■^•'SA'estlcln of tither party, order the court below to perfect the record beformofawrit issuin.' I " .''enameofthesoverei.nr ';!;,t7'^'^,'^ to the judges of ulli i o'Tt below commandino- t emt^,, ,,^^.^^^^, . : ;i' d to make a duly certified i 'eturn thereof. IIGG Interventions may lliV;r;.'"'''I'f'^''^'"''t''tbe m' V n ^''*-\,^'o'u-t, and so u.i "."O other incidental l)ioceeding3,suchaspetition3 , tor continuance, disilvowals changes of attorney, and ifc I)roceedings,accoriingo he ■ bmnalities prescribed l.y the I 1167. Discontinuance inan- I Pe'-vl ,s affected in the same : '"aimer and under the same conations as in the su^^Z^ nC8. The provisions con- cerning peren.ption of suits in i to appeals. Peremptions of I appeas or of proceedings in ,e or has the effect of reader. frik'fSnai"'^"""^ ^PP^''^'^^ tn\!f'*''^''''^P''.'ties are bound to be present in court to be eai-d upon the appeal afte? Jy;fj^^->^'"«""t.onedin arti- 16 188 roDE OK rnorEiu-HE, part ii, hook rv, tit. ,v. tlTO. Judgment cannot he ' for iHlvisomont ronniros ♦« i !" !i S nf fl^. . . *" t''? ^Jf-'-k : been rendered in the ordina- of tljc court, contaminpr his, ry course, decision and s krned bv liim ' ii*. v.. ■ i i«,'' -J . , J""*' snail l>e oil n K; 1 it is founiipri >vl ii flf^lf.^."^' J"''e">™» i Hnd , concurred there ",„m1 of Md S:."d"l,v' '.™"f'»i"f'l Jbose ,vI,o dis.e ed icr°! o 1 ro?,';?™^ "• ^'^ '™ ■•" ' /••"■ ri^r- "- '--■' 0- .u^°o^tffeat,'f^.i;';'s i ^!;'r.o"ri^r ;°ji;: orAP. rv, or a.-pkals to hkh majkstv. lent rpquircs to W-. , such (liflcliargf lered by tlio otlur V anyone of thorn. P court inny ad- V day ill vaciitioii, from day to dav, |)08c of renderin'' hut such revision cannot pre- vent or stay execution, and the decision of the jud.'.. in that bfhalt ims the san7e ef. fi'ct its a judj,'ineiit vi the cuiirt. IKG. Judgments on an- I'cal or error are executed hothtor principal and cosm \y the court below, and for that purpose, the record i.s ?i'iit hack to it, unless a fur- ther appeal to a higher court La.i been moved for. 1177. The court ditting in appeal or error may exercise all the powers necessary for ?uch jurisdiction and iuake sucli order as it may docm proper for the purpose of re- wedving any insufficiencies of the record; of staying pro- feedings in the court below 111 cases from which appeal or error has been brought- of regulating the putting in ot; renewal of security : "ind ot. providing for all eases in wnich the law affords the party no special remedy.— buch court may also make such rules of practice as may be necessary, for governing tlio proceedings in all cases brought before it, provided such rules be not contrary to any existing law.-U may also make and establish tariflfi I or tees tor the counsel, advo- | oatesand attorneyspractisino- ' baUiffs/'' ""^ "^^" ^''^^ ''' Idd OIIAPTKR rv. 0»' AI'I'EALH TO HKR Ma./ksTY, \r.!iV.^" t^'V''"^^-'' ''*•=* to Her I ■M.ije.-ty IN her privy council """""•'lji"lKment.s render. ,^'1 "1 appeal or error bv the ; court of queen's bench f-- 1 i " ;'llV<'^^'3 "iierethe mat' tei in depute relates to any J'tM.folhce, d.ity, rents, re- venue or any sum of money pa.V-»ble to her majesty ;_2 lu eases concerning titles to 'tn.L. or tenements, annual '•Its and other matters by "inch the rights in future of I»arties may be affected •-?.. Ill all other cases wherein the matter in disi)ute exceeds the sum or value of five hun- 'Ired pounds sterling. Il78rt. Causes adjiidicated ;>'pon m review, which are i susceptible of appeal to Her '■^lajesty m her priw coun- j eil, but the appeal whereof to the court of queen's I bench is taken away by arti- icles 1115« and 114!ia: may nevertheless be appealed to ! iter Majesty by observing the 'Same torm-. -'^s and pTovi- sionsandH o,ect to the same conditions, a.s in the case of judgments rendered by the court of queen's bench (an- i peal side), and with the { same effect, as if every pro- vision ot law, in relation to appeals to Her Majesty from I judgments of tiie court of iciueeirs bench, was enacted m this article with respect I to the superior court sitting- la review, its judges, its offi- •yrr 190 CODK OF PROCEr.URE, PAUT 11, ROOK ,V, TIT. ,v, I !'. : {R 5. (^ cers or their office art. GOOD). 1171». Nevertheless, the execution of a ju.ijrmVnt of the court of (,,H.er.'fl bench cannot he prevented or stav. <^H unless the party ao-rjricv. ed gives frood and sufticient sureties, within the delay •n I'-^' ^''^ ^■<'"'•^ <'iat h'e Will effectually prosecute the appeal, satisfy the condem- riation and pay sueh costs aud damages as may he awarded by Her Maj,.sty, in the event of the judgment being con firmed. -The secu- rity must he received before one of the judges of the oourt' «5^M"(?9n's bench. — The su- ! reties justify their solvency upon tho real estate which is described in the bail bond. -Oneaurety suffices, if he is the owner of real estate which he describes, providcMj that the value of such real estat^ IS equal to the amount ot the security, over and above all charges and hypo- thecs.-The judge who re- ceives such security may order, either on demand ?r otherwise, the production of the registrar -s certificate, SjJ^^'Jft.on rolls and any other documents for the purposes of the security, and bound to put such ques- tions as he deems advisable to the .sureties, and such ques- tions and the answers tfiere- to may be taken down in writing.-The party appel- lant may, however eT^mrt himself from furnishing sJl security, by depositing an amount equal to that requir- ed for the security, either Ml money, in bonds of the I>oniiiiion or of this Pro- I vince. or in municipal de- bentures ; and such moneys. 'H)nds or debentures are de- { posited either with the clerk of the court of queens bench :;r with tlie sheriff, as the S)'. '"'''^' '^''''^- ^^''•' «'•'• 1180. The aj.pellant may alao consent to the jud-'ment being e.vecuted, and i,rsuch case may giye security only or the costs in apj.eai; under tne same conditions as under article 1124. ! 1181. The execution of any judgment of the court oY qiioen^s bench cannot be pre- : vented or stayed after six months from the day on 'V"^h the appeal was allow- ed unless tne apnellant files in the office of the clerk of appeals a certificate, signed by theclerkofller.Iajesty's privy council, or any other ,^"^l"^/,^»t officer, andstating that the appeal has been lodged within such delay, and that proceedings have been had therein. "83. The clerk of appeals ofthe court of queen's bench IS bound to register any ex- emphfication of a decree of Her Majesty in her privy council, as soon as it is pre- sented to him for that pur- IrT' 'V! '°"* requiring any order of the court ofqueen'i beucii to that effect, and to send back the record in the case to the court below, to- *l*a^;;SS5 'V, TIT. IV. al to thnt roqijir- sc'curitv, cither in horuls of thr- "r of this Pro- n miiiiicif»al dc- 'I'i siirh nionoyg, )Oiiturcs lire ilv- T with the clerk oi fiiieeriH hen eh J^'i'Ti/r. as the rfi't'ct. (/,/., art. ap CHAP. I, C0MMIHHI0.\ER8' apiM'ii.'uit to the iiKio-i may J'l'lK'nent P<1, iiml in sucli c security only M appeal,' undeV Jitions as under xeoution of any the court of cannot he prc- lyed after six the (lay on eal was allow- appellant files •( the clerk of tificate, signed 'Her ./fajesty's or any other er, and stating ?al has been such delay, eedings have in. ?rk of appeals queen's bench :i3ter any ex- i' a decree of D her privy 1 as it is pre- fer that pur- equiring any ft of queen's Jll'ect, and to ■ecord in the It below, to- S,;nS^.r°K,:iI ';:'!;:;;- COfRT, ETC. 191 •as tioned rcKifltored as above men- INFERIOR Jr-RrSDlCTJONS. CHAPTER r. COMMISSIO.VKRS' roVUT KOU THE SL-MMARY TRIAL OF SMAI.I, (.'Ar.SKg. It83. The commissioners cannot sit an.l hold t ei? court .separately and at 1 1 e samet.niein t)ie same loc! iitj- 1 he court may be hehl bj one commissioner, an several or all the commssh" ers may likewise sit togXr -They must decide .rccoiX cience, and to the best of tbe.abUity and judgment.' have for V .^«°^raissioners y the,,, sittings, and for forcing the execution of i their warrants, orders and ' juclgments, the' same /owe",' Clnada.''''^""'^^^^^^-- for"^)!;'^^*'-^'"^^'^^ recused or the same reasons as judges of other courts. be^i!f tr.v''' '■'^cusation must I 'je in \vriting. 1187. If all the comrais- .ioners are recused by either ?t the parties, the case is immediately tVansmitTed to lae nearest commissioners' court which decides upon tlie validity of the recusatiW and afterwards hears a,i' ^^ named. — Such lecoverVofVnVfnl ' ^'^ "^^y ^'^ i-^coived tyTS^ er ^ ''"' '"'1'"'"^- I ^l^^'^' ''>• «ne of the coramis- noo; It has jurisdiction in | "oim" "' '^' ^'^ ^'"'^ "^^^ ^'^^ Ssments nor^^'^'^V "H "»«"■ ^" ^^^^ ^^^^e of at- tw^iH rV]outs'i;;:"^i'5 ,^^^^ /y garnishment tor the build nff of chZr^ ^'^f*^'.\o'' after judgment, the T)arsona.rp „n/,.K ..":' "'^'??'' g'^i-nisheo A>-.thin three days parsonages and church yards ,^»l^^'- '.^ ™'*y '" matters withmitsjurisdiction, grant- —attachments for rent :— at. taci.mentsin revendication -attachments by garnish garnishee T\ithin three days after the writ of seizure has been served upon him, may make his declaration under oath before the clerk of the circuit court, nearest to the place where the writ was established by t le affi lavit nf ? ■ '''V^^' *"^ mustafter the Dlnintift'*^n, /. • '* "^ leaving drawn up, and receiv- noe (Ti,,w,,. ^- " -- ,. I "t?^"^- "J« cause IS pendine-. derot'one of the er.s, authorizing lion witliip the re it rcijuircs to iseiidui'sed upon ]-Evc'rv Avarrant tacliment in r-- attaclimont for nuiit by giunish- ;ure hy garnish- be made ivturn- )■ named, within and the rt'tiirn icate of the pro- st be made on named. — Such y be received of the commis- the clerk of the ; and such declaration as required on the j)ayment of fee, he prepares a receipt T ^'^'^^ ^9 forwards, with t/ie declaration of the garnishee iiJ>ac. Such mm of one dollar ,s taxed by the com- niisMoners or by their ckrlv as an integral part of the co^tso suit; and the receipt, given therefor and forwarde, the clerk of the cotrimis- 1 sioners court, is equivalent I toajudgraentof such conr ' m favor of the garnisliee against the plaintiff in ,be suit and maybe executed bv seizure, after the same delay ^nd in the same manner as i\}^^^ i^».y niiiior above the age offourt^en years may bnnga suit before a commis- 3ionerB' court for the recov- I eryofwages or salary, in the i same manner as if he was of age. ' n.""*' T*'eaelayuponordi-| S ,?""n^ons must be at least three clear days when I defendant does not iSe more than two leagues from «ie place to which he is sum- moned, with the usual addi- tion of delay, when the dis- tance exceeds two leagues, according to article 75.-But V}^ ^.T'"°"^ ^^ Hccompa- 1 nied with an attachment, the delay must be at least fifteen ' ^ays and not more than forty I 1196. The writ of summons commands the defendant ?o J)ay the plaintiff the amount | CHAP. I, COMMISS.OVER'S COUnT, ETC. 193 dmanded or to appear before ■ man r'f /' """"''V'' ^"^^^ de- ,raand^-Itmustalso contain: I I fie names, surname, resi- I l^f "^« «"d occupation l^th l7endaVt "'^"'^"'^"*■<^«^^^- 'm?nt^f^^^'"°"°^'■y«tate. Tnn .u'^'"''''^'' oftheac- lion ,-.the day on which the defendant must appear;- !'« date of the wit;- ho |«!^^nature of the comm!^! ! 119G. Ordinary writs of summons m.-n- bc< served by court or by any sergeant of militia residing in the local- 1197. If the summons is accompanied with an attach- jmentit can only be served ' hy a bailiff. a^rvea «,/|**^", Either party may : evoke the case to the cir- icia. coupt in the district when the contestation rela- tes -to any title to immove- ■ S'^i'^^Pe'-ty ; - to any fee of ofhce, or to any sum of money due to the Cfrown _ o annual rent, payment or other matter by whfchrighta in future might be bound 1199 The improbation of any act or document produc- ed before the court has the effect of an evocation to the circuit court. t.A**^" ^^-^^'^ ^^^'^s of the trvo prccediug articles, the commissioner, or one of the commissioners, or the clerk, must, within fifteen days transmit the record to the circuit court together with a 194 CODE OF PKOCEDUHE, PART 11, BOOK V, TIT. IV certified transcript of the entries in the register con- cerning tlie same. — lYc'ver- tlieless, in the caae of inipro- batioii, tile record cannot he trunsiiiitteii, unless the party alleging the falsity gives sufficient security for the costs to l)e incurred upon such iniprohntion. 1201. In default of such security heing given within the delay fixed l)y the court, the party forfeits his right.'^ of evocation, and the coni- miesioii rs' court niav pro- ceed to hoar and determine the case without regard to the improbation. iao3. If the evocation is allowed, the case is heard and determined bv the court to which it is evoked as if it had originated therein. lao:?. No person can act as attorney of either of the parties before a commission- ers' court, except he is an advocate or attorney at law or the holder of a special power of attorney, or unless It is in the presence and with the consent of the party. Bailiffs and sergeants of milil tia can in no case act as at- torneys. iao4. Any person, other than an advocate or attorney at law, Avho acts for one of the parties must do so gra- tuit usly ; and if such person for so acting receives, either directly or indirectly, any fee, emolument or remunera- tion whatever, he is deemed to have received the same under false pretences and may be punished accordinglv luid is, moreover, disqualified from ever acting as attor- ney before a commissioneis' court. lao.".. No clerk of such court can act as the attorney of either of the parties. l-^'OO. If the defendant has been served personaily and makes default, or if he ccjii- fesses judgment, or if the par- ties agree to it, the case mav l)e heard (ui the day of the I'etiirii and judgment' may be rendered.— Ill any other 'case the suit must lie postponed to a sul»se(iiient day for trial. iao7. J{y consent of the parties the case may be re- ferred to the decision of three arbitrators, one of whom i<- named by each party and the third by the court. — The court may also, in its discre- tion, order such refer'?nce.— Thearbitra tors, before acting, must be sworn before one of the commissioners or before a justice of the peace, to fulfil their duty faithfully and im- partially. — Thev may hear the parties and their witnes- ses, who must be sworn be- fore a coniiuissioner or before a justice of the peace. — The decision of two of the arbi- trators is final, and must be homologated and executed accordingly. _iao8. The cases are heard, tried and determined in a summary manner, without any written pleading being necessary. 1209. Oral testimonv is admitted in all cases, and one CHAP, t (A), OK TUK n.STIUCT MA.nsTaATK\s COCUT. Witness, oven if iolate.iade returnable and be re- : tinned like the other war- jants mentione.l in article I3i:{. No opi.ositioii to the : ^Hle of moveables und,.,- sei- ziir.. ean stay proc.-edings. "'.'I^'ssitis allowed by a com^ nnssioner and accompaMie.l \vitl, an order to that ellect liU. Opnositious thus al- lowed are heard and deter- """^'d in the sam,. manner "■-^ other cases before the court. l:il5. The clerk, and the '•iiiliKs or sergeants of militia , "" >" "iimoer >,){} ^ the appendix to this code. I CHAPTER I (.V). OKTIlKDiSTIilcr MA({I8TUATE8' COCUT. Mitisfy theanioiint oflhecon- [lemnation against him with- "' i-'git days, he may bo compelled to do so by the seizure and sale of such soi- Mljle nn.veabl.-s as he may ave withui the district ii, "tiich the court was held — «c IS liable to the costs 'of I ULv/. Ih' magistrates' ^.•I'l't has ultimate civil juriH. diction to hear, try and de- ermine:-!. All suits, whet- i«'i- personal or real, wherein the sum or value demanded < <'cs not exceed ninety-nine 'I'.'llarsin the county of Gas- |Hj. including the .\Iagdalen l.-laod, and also in the county 3'!ch execution to the mo^in of s l. ' '^'^^ V^^ ^'onnty of one dollar and h if !^ f ? 'f"''!"'>' ^^"^ ^'''-^t part of tlic sale does n a ;i~'* }, '-X'';i''''V^' ^^ "^^' ^"'^^t as I'o is not bound ^, t v'^ !' S . '^.^ !<: •^•^r^^>' I^l'i'"!. and "snot bound to paymon than stn-enty-fiv,. cents ot costs.-These costs do not in any case comprises the ex- pense of feeding cattle, if any have been seized.— The war- lit} dollars in the rest of the rrovince:_2. All snits for tlie recovery of school rates, ta.xes, assessments, penalties, damages, or sums of nioner whatever, due or payable iii 17 190 CODK OK PHOCKDUHK, l-A.iT I,, HOOkIx, TIT. ,v. virtue of any special inuiii.M- pill /Iff, of iiicoi'iionition, or Ml virdio of any bv-l.-iws or n'^nil.-itioMs iiuKic Imdcr the aiitliunty ofsiicli acts, or uii- ai'r_ t lie laws repc'ct ill ujibiHcs Pl't'jii.iicijil to a.unctiltiire ;— ■''• Ml .suits tor the recovery of penalties ineiirred, and of siinis due to fli(> treasnrv of this Trovince under the li- cense la\v.~I,i ail siieli suits however the defendant must reside within the ct.iintv for Avhu'li the court is held, oi the deht must have been con- tracted therein jiiid the de- iendaiit be resident in the l^rovince. (/,'. .v. o art tlOlM). .ail. l-iir,/>. When the imiount <>t rent claimed oitlie amount ut daiiia^es allc,<;-ed does not exceed fifty dollars, the ma- /iistiaies court has jurisdic- tion in actions to annul or to I'csciiida lease, or to recover ilama-es resulting from the contravention of any of the sti])nlatious of the lease, or the non-fuKilment of any of tiH> oi)lijrations which the law attaches to it. or which result from the relation of, lessor and lessee. —All ii-o- ! cecdin,i>siiiandthe i)roofand ' hearing of such actions take i place ill a siimmarv mannci and on any juridical (lav fixed or not as one of the diiys on which the court can sit. (Id.). iJJl.y. The provisions of the third book of this Code, "pply in like manner to the I district magistrates' court' and to the magistrate hold- ' ing the same, and the officers thereof, except in so far as «ucfi i.ro visions are incori- .«istentwith the provisions of this chapter, or are such as ean only apply to the siipc- '■")r court or to appealalde cases in the circuit court, as If the words ' .•irciiit court'' or judge' meantandinclud- ehim, (except the 'part thereof contained within brac- kets), llii-., liiu. 1195 ,_ ••ept the words ' the sirrna- tare of the commissioner''' in the three last mentioned' ar- tides,) ]][IG, ll!»7. 1203, 1"04 |20r,, I20(J, ]207,1208, IL'OO' 1210, 1211, tlie fiist and iti paragraphs of article 121'> and articles 1213 and V>l.l apply to every magistrat'es' court in the same manner as If the \yords 'commissioners' court, ' ' commissioner ' or . f\'"ini'ssioners, ' meant and included respectively the words 'magistrates' court' or 'district magistrate.' (/,/) l?Jl.'>'?. All writs issuino- from the court are signed by the district magistrate or bV thc clerk of the court ; and all certihcates or copies of proceedings of the court sio-n- ed by the clerk are ^^rnmf Incie evidence of their con- tents, (/c/.). 1315/. The proceed in (^3 mentioned in article llOi "•hen issued from the mao'is- trates' court, may be execlit- ed anywhere within this t rovince ; but in the case of TIT. IV. 5t in so far as 5ns are incon- 'k' proviHionsof <)!' .'ire such ag ly to the siipc- to appealahle rciiit court, as ' <'ii('nit Court ' autaud iiicluU- ly the words court' or ' dis- e.' (A/.). •los 11S4, 1190, ;ccpt the i)art cd wit hill hrar- •>-h 1195, (ex- s ' the signn- miissioner,' in :iK'ntif)iied ar- •»7, 1203,1204, )7, 1208, 1200. first and la.-l i'l'ticJe 1212, n?, and 1214 niagistratcs' iif' JTianner as 'iinnissioners' lis.^ioner ' or ', ' meant and 'ctively the rates' court ' strate.' (/,/.). ^'lit-S issuino- re sio-ned by :istrate or bV court ; and or copies of le court sign- ^ are prima f tlieir con- proceedings irficle lir>i, 1 the niagis- y bo execut- ^vithin this ^ the case of CHAP. 11, OK JITSTICK OK TFIK PKA t'K, ETC attachments 1 197 ^"'^:^:'i?'^'zs!z :s,i" '!iv'^t --"Wo ment, the garnisi within tl loe nuiy prop.u-ty and idlVftH, 1 eutfd upon the iiu VIC ^iree dav.s oftheser- of the debt e of tlic writ upon 1 or. -Th »e exe- nioveables make his (h'obirat iini. addressed to the sheriff of ti iiefore tl H.' clerk of tl ion on oath district in whi(di ' tl t' writ is le 10 ini- circiut court, who has pow H' nearest luov.-ables are situated! and to adni mister su(di oath and or IS retUMial)li' before th o receive fi is entitled t s'lrh garnishee the. sum oi doll ration e supc- i'lor court of such district ar for taking such decla- >iii there to be proceeded upon one in the same manner as like H- writs issi same forthwith 1 <■ iniist transmit the court. (fI] ^^ ,1 m; party, te he heard i,^ the ordinary manner. J333. All interlocutory n.- fi'.'" .judgments unon w,it of ccrtioniri are c rawn m ; «'ui served in the same m-in ' "^;;^'" -linaiy sidS."'"" 1-j.j. ifie court, in lenrl "mg jmlg,„e,„ „„„,": 1334. .Voa|)|)Cal lies from cout, has no control. 200 COIJE OK PROCEDUHK, PAKT 111, iiOOK V. TIT. I. PART THIRD. NON-COI»JTENTIOUS PROCEEDINGS. TITLI'] I. or Kt:oi»Ti:ies am> tiikir aithknticatiox. CHAPTER r. 01' ItKfilSTKHS OK nvij. HTATrS. 1330. All rofristors iiitciiil- ed to rccortl l)irtlis, marrlaf,'0!^ and deaths, or reliucious pro- fessiou, must Ijcfore \mii'. (J-, art. (3015). 1341/y. Every protlionota- ry or clerk, having the ciis- tody of the regislcis of civil status of such parish, shall be bound to deliver, within a reasonable lime, an authen- tic copy of all registers or ■my jiortiou thereof required li.v the piicst and cliurch- waivlens of the tahrifinc of such parish. {Id.). 1341.'. The priest and cliiirchwardens of the fnhri- '/«c of any parish, requiring copies of registers or of por- tions thereof, so destroyed, must furnish the registers and books necessary for su(di purpose, which must be num- bered and initialed in the manner prescribed by article 123G. {Id.). 134lr/. The fees of any prothonotary for all copies of registers of civil status or of any portion thereof, re- quired are as follows ; six cents for each certificate of baptism or burial and eigh- teen cents for each certificate oT marriage, {[d.). Viiie. The certificate of authenticity of such copies of : registers or portion thereof must be delivered bythepro- ; thonotary of the district and be inscribed after the last entry in each book or reeis- I ter. {Id.). ^ 202 <()1)K OK I'UOCEDL'ItK, PAUT Ii:, HOOK V, TIT. I. ia4l/". Evorv copy of re- gisters, so aiitlipriticiiUMl aiKl (It'liverod, is considered as an ori},Mnfil re^nster ; and the extracts, certified hy ilie parish priest, vicar, or priest in char^'e of the said parisli, depositary of the said rej^is- ters, are authentic ; bnt tlie parish priest vicar or priest in char{,'e is l)ouud to declare, in the extracts wliich lie de- livers, that tlie re^Msters from "Which they are taken are co- pies, so certified o«' the oiilv existing duplicate. (/(/.). " l'^41y. The copy so made of the said registers must he a.Jac simile of the sole exist- ing duplicate, in so far as it must contain and reproduce all the words struck out, the marginal notes, lengthened lines and interlineations that may be in the latter, as well as the certificate whicli cer- tifies as to the number there- of, strictly following the same spelling. (/,/.). 1341//. Any curg, minister, or other person authorized to keep registers of civil status may, with the authorization of the ordinary board of the fahriqiie or of the trustees, as the case may be. at the ex- pense of the parish church, I mission, congregation or reli- gious community, of which he is such cure 'or minister, replace, in so far as the writ- I ing may be deciphered, the j said registers of civil status kept up to the year 1800, in \ his custody, by others repro- ducing them as exactly as ' possible, (/rf.). 1341;'. ?:very such jieison so autliorized to keep regis- ters of civil status, after having carefully compared such copy made bv hin. witli the original, slialTatlix at the end thereof a certificate at- testing that it has lieen exa- mined and compared and that it agrees, witli the register of which it is a copv. Sucii certificate is made uiideroath before the jirothonotary of the superior court of the dis- trict. Such copy shall be authenticated and initiated by the prothonotarv before being used. (/d). I84iy. Nothwithstanding the authenticity of such copv. which shall have the sarne effect as the original register, the latter must be preserved so that reference mav be had thereto. {Id.). CHAPTER SECOND. RKOISTEHS OF REfUSTRV OFFICES. 1243. Every register of which the hnv requires the authtiitication, must, before an entry is made therein, ))e authenticated by an attesta- tion, written on the first page and signed by the prothono- taryofthe superior court of the district in which the re- gister is to be used ; and such attestation must mention the purpose for wliich such re- gister is intended, the num- ber of leaves contained there- in, and the date of the at- testation. Each leaf must be ry such ix-iHoti 1 to kcej) rcgis- statiis, After iilly cujiiitarcil lie by liiri. with ^halTaHix at the . certihoate at- t has I toon exa- 1 pn rod n 11(1 tliat :h the rcgistt-r a copy. Sucli fide under oath othonotary of )urt of the dis- '0]»y sliall be and initiated inotarv before hwithstandinj; y of sucli Copy, aye the same giual register, be preserved ;e may be had CHAP, in, BKUISTEKS OK 8HKIUKKS AM) COHONKRS. numbered in words, written at full iengtii, and the ; ro- thonotary must write tliere- on the initial letters of his name. CHAPTER III. HEr;iSTKH.S OK .miKHIKKH AM) COnoNEUS. 1243. The sheriff and the coroner of each district must i keep a du[.licate register for ' transcribing and registering | 203 therein all deeds or acts of sale made hy them of real property in their ofHcial ca- pacity-, and, when such leiria- Um- is filled, one of the duplicates thereof must be deposited by such sheriff or coroner in the oflicc of the prothonotary of tiie sur)erior court for the district. 1844. Such icKistera must bo authenticated in the same manner a.>j those of the regis- try ofhces mentioned in ar- ticle IL'43. TITLE II. OF IXmPKCTION OF DOCIMEXTS. 1245. Notaries are bound upon payment of their lawful fees and dues, and without any judge's order, to give communication or copies of or extracts from any act or document forming part of their official records, to the parties or to their heirs or le- gal rej.resentatives. 134G. They are not bound to give such communication, copies or extracts to other parties without an order from a judge, unless it is of such nature that it should be re- ^ gistered . 1247. If the notary refuses to give such communication, copies or extracts, as requir- ed, the person demanding the same may, by petition duly served upon such notary, ap- Ply.to a judge for an order tor inspection,which is giaut- ed upon proof of his right or his interest. 1248. If communication only be demanded, the order nxes the day and hour when communication of the act must be given.— If a copy o- extract be demanded, the order fixes the time at which It must be furnished. 1249. The service of the order of the judge upon the notary must give a sufficient delay for a compliance with such order. 1250. The copy or extract must be certified to have been delivered in compliance with the order ; and the notary mentions the fact at the foot of the copy of the order that was left with him. 1251. If the notary fails to comply with the order of the judge, he is liable for all 13SG. Wbenever apnlica- tion ismadetoprovidVrnin. scnteos or substitutes, witli tutors, or tutors ad hoc, or curators, or to authorize .acl. ,""i'7''"''^torstodosorae particular act, or for leave lo l^'ieiiatennmovcablesbeloua-. -V <■■' persons wlio have nSt TITLE III. Ol Family Councils. tlie free exercise of their ?ffl)ts orfor th. euucncuu- ■-'» of minors, the ju fc^,'', tlie court cannot '•'•';;': out previously having tako'n ^l -'Ivice of a familf c om.- 1357. Family councils am convened and^ composed h the manner provided in the V, TIT. in. '1 *'xpcn.s(.s (.Cfi,, ■|"R .siicli ,Jc|,„,sif 'Kt'.l to fun.i..)', '•"P.v of tlu- .|«,..i •'"""fy him f„r ^K "Mil OtlltMC'T- l'<''ifioii niMst hf "II <»tlifr iiitci- ' iiit'iiti(Mi('(l ill J" siuisfiictorv ■<'>'rf ur jdde,. * <"• notarv - -'!• I»uhlir (.(li.,,. ' on^innl was ; •"I'i'il act. t'onn- <" records o*' .i ii^ '"OIKiNKI; ise of their "^' ouiaaoiba- ot ■-•: ;, 1^^,. laving taken family couu- councils are oni posed in ided in the "i"Hi title of the first hook Of the Cni! Code. I *.'."»«. .Any person dcmarnl- mg the convocation of « fainily council must show that lie has used due djij. geiice to suniiiio'i the nearest lelutives le.idiuK n, the dis- tncf, iind tlic delay for su(di notice M one iut'eniie,|iftt,. d»y, wheu fiiey reside at a distance less thai; five lea- J-;'"';. ''■:«>' i'.'<;«». 'riic mill, It. •< of the Hdvin.giv,.nl.y the .'lations and fri.-iids m.Ht h.- si^^ied ;>■ tlieiii, uv must mention "■ '•'■asons which prevent iiiein from signing, l«r,|. The siipLTior court and the circuit court, and anv judge ol the superior court a't anv place where sittin.rs ,,t' eitlier of the said courts are held, and eitlier in or ont of term, have like jurisdictiou '1, and may decide all mat- •'•is in which the advice of a tainii.y council is rcpiirrd, and the proceedings in such oases must remain among tlie reconls of the court u7 ^vliicli the aj)plicatioii was luade. TITLE ly. Of TiitorshlpM and € .,r«tor«lil„H. 136!i. The proceedings to be taken for the appoint- ment ol tutors to minors, and of curators to interdict ed persons, emancipated miuors and absentees, are exjilained in the different titles of the Civil Code which treat of snob matters respect- IV'dy f ^ A^«3. The proceedings to' be taken for the appointment Of curators to successions' that air vacant or accepted under benefit of inventory or to property judicially abandoned by insolvent deb- ri, are regulated under the respective titles in this code I ^■OMceriiing such matters. 12G4. The proceedings for I tfie appointment of curators to the property of corpora- ' tions that have been dissolv- ed, or declared illegal, .are regulated in the Civil Code, under the title Of Corpora. (ions,m. : in the eighth chap- ter of the second book of the second part of this code. 1365. The procfipdincf for the appointment of cumtors to substitutions are the same as those for the appointment ot tutors to miiiors. 1366. Every curator ia 206 liomi t I } ' ji CODK OP PROCEDURE, PART III, ROOK IV, TIT. V. Jiou.Hl before actinjr as such, I well and truly nerforra tlu to make oath that he Nvill i duties devolvin'g^.;.^'nim TITLE y. Ol the sale «f ImmoveableN boIongiuK to minora or other diMqiialilicfl perNoiis. _ 12GT. No voluutarv aliena- tion of immoveable ]rroi)erty, or of shares or stock in manu- facturing or financial asso- ciations, belon;,nng to minors or interdicted persons can be made without the order and permission of the court or of a judge. 13G8. In addition to the formalities i>rescribed bv the Civil Code, such alienation cannot take place unless, before taking the advice of a family council, the immove- able has been inspected by two experts, one of whom was named by the tutor and i the other by the subrogate- ! tutor; and such experts must ' not be related either to the ' parties or to the persons act- ' ing for them. 1869. The nomination of experts may be made under tlie sanction of the judge or of the notary before whom the application is mo' to have a family council con- vened . 1370. The experts, after being sworn before the judge prothonotary, clerk or notary,' I mtist asceriaiu the condition and value of, each immovea- ble, and the truth of the other circumstances on ac- count of which the sale i^ demanded, and make their ivportbya not;uial act, deliv- ercd in original form. 1371. If the experts cannot agree each must report his respective opinion, giving the reasons upon which such ; opinion is based. ,1373. The report is sub- : mitted to the family council tonretherwith the application to be authorised. 1373. If the matter relates to the investment of moneys. or to shares or stock, in ma- nufacturing or financial asso- ciations, the value thereof must be ascertained. 1374. The judge, if he au- thorises the sale, must fix aa i upset price for each immovea- j l)le, share or stock, and, inde- pendently of the other condi- I tions imposed upon the sale, such upset price cannot be I less than the value ascertain- ed by the experts. 1375. If the judge refuses to authorise the sale, the rea- son for such refusal must be given in writing, and form part of the record. 137G. The place and time of the sale must be published oa three consecutive Sun- days, at the door of the parish CHAP. .11, REraSTKRS OK SHKRIFFS AND COfiONEns. liich tlie sale is and make their ;)tiuial act, deliv- ual form. le experts cannot must report liis 'iiiioii, giving tlie "1 which sucli Lsed. ' report is siih- : family council, 1 the application ied. e matter relates nent ofmonevs. or stock, in rna- r financial asso- value thereof 'tained. judge, if he au- ile, must fix aa 'each immovea- tock, and, in de- he other condi- upon the sale, rice cannot be ■'alueascertaiu- 'rts. judge refuses le sale, the rea- efusal must he ing. and form ord. dace and time 3t be ^)ul)lished secutive Sun- ar of the parish dmrch of the place Mhere the immoveahlesarcsituate. Whenever the real value ofthe whole of the im- moveables or immoveable nghts, capital sums, shares I or interest in anv financial, j commercial or manufacturing (.joint stockcompanv. belong- l"ig toamiuorordiscjiialilied persQu, does not excee.i the simi oi'foiir hundred dollars fVJ'Kifreofthe superior court may, upon petition presented to him to that effect, by the tutor and subrogate tutor of such minor, or by the curator ofsucdi dis(pialified person, a« the case may be, after making summary inquiry as to (he value of the said pro- perty, order the sale thereof 208 COHH OF I'ROCEODHK. I'AUT III. nooiC V, TIT. VI. if by put. lie .'nictioii, at the prices and updii \hv condi- tions which lie nuiv deem just anJsarv to tiie openinirs of whi(di the s'a.s are aliixed ; (J. A snm- ■■•''n- (leseription of all arti- cles tound in view and placed under seals; 7. The takin-r. 'It the close of the allixincr of >eals. of the oath of the par- ties residing- on the premise^ that nothinn: has been, either 'lirectly or indirect I v. taken jiway },y them or with their knowledge; 8. Tlic iianK's nnd desifrnations of the iier- >;>iis in whose cnstodv the thiiips under seals have l)een plnced, and with whom a copy (»f the minutes must he l<'n :_ !>. The signint; of the parties present, or their heiiifr called upon to sign and the reasons which prevented them from doing so. 1383. The seals are aflixed upori each extremitv of a bnnd passing over tlie kev- hole of the lock, if there he authentie for?n l,v the de- "■'■'i^eu is found open, the commissioner enters a des- cription of it in his minutes. ''!"' delivers it to the aunr- llinii: i.nt if the will is „ot "' ••'"theuticform, or if it is c'os.;.! or sealed, the oom- iiiKsioner, after sealinv bv proceedings to coiit l'J88. Whenever ordering the iiiiie on. len seals are p ■•ciice to the judge has taken ng aHi.xed, a will made ice, whatever is done in I ordered thereon or 13 certified 210 COnE OP PliOCEDURK, PART III, BOOK V, TIT. VI. i if at the foot of the commis- sioner's minutes. 188{). If then; are no mov- able e%cts, tlie commissioner must state so in his minutes. l'4iU}. As soon as the com- missioner has completed his minutes he is bound to depo- sit them in tlieprothonotarj's office, to form part of the re- cords thereof. 1291. No second affixintr of seals can take place, unless the first has been impu.f,nied as null— In affixing seals the second time the bands are placed across those of the first sealing. u SECTION ir. OF THE REMOVAL OK SEALS. 1293. All applications for the rcmovjil of seals, when contested, i.iid all ()pi)osition made after Uic .•iHixiiio- of seals has been completed"^ are heard summarily, unless the pleadings are ordered to be in writing. 13{)3. If the affixing of seals is declared null an order is given at the same time com- manding the commissioner who affixed them, or some other pei'f.on, to remove them without iuiy inventory, and to make a return of sueh re- moval ; and in default of this order being complied with, any bailitf holding a copv of the order may break t'hem and make a return of having done so. 13S>4. If, however, seals have been affixed a second his time, the eomjjlete removal cani.ot take place until botii sealings have been adjudica- ted upon. 1295. If seals have been affixed before the burial of the deceased, they cannot be removed before the expiration of three days after such burial, except for urgent rea- sons, which must be stated id the order which authorizes the removal. 129G. The removal of seals from the whole or from u part of the property may, in all cases be demande!! bv such persons as mav demand to have them affixed, and also by any person claiming to be owner of the effects placed under seal, according to their respective rights; and tlie right to prosecute such de- mand l)elongs to him who first made it. I'JOT. The removal of seals iniist lie aiipiied for bv peti- tion to the court or judge, in order that the inven'torvmav be proceeded with afteV n(j- titying all persons interested. 1298. The court or judge, when authorizing the re- moval of seal.?, orders that an inventory of the effects shall forthwith be made, after summoning, by a' bailirt"s notice or a notice in notarial form, the heirs of the deceas- ed, the surviving consort, the ti'stameutary executor, and the known legatees. --If the persons entitled to be present at the removal of seals or to take part in an inventory, reside outside of the Prov- omplete rf-moval placo until hotii .'e been adjiulica- CHAP. II, OF THE I\Vi.NTOriY. removal of seals "hole or from a •roperty may, iti [! demandeil by I as may demand affixed, and also •11 claiming? to be L' effects placed ccording to their ights; and tlie isecute such de- ?s to him u-jin an inventory, of the Prov- i'lco, hey need not be sum- moned ; but in such case a judicial procurator is named '•y a jndge of the superior court, on ap],lication of the person demandinj? the remov- al of seals or the makintr of ^" ,;"J^'"»'^''y, to represent such pergons ; and such jueen taken , ' at the end of the inventory, by those who, before the in- ventory, were in possession of the things, or who in- habited the house in Avhich such things are, to the effect that no portion of them has been fraudulently removed or carried away with their knowledge ;— 7. The deposit- ing of the papers and effects in the hands and custody of the person agreed upon by the iiarties or named by the judge. 1309. If, v>-hile the inven- tory is being made, difficul- ties arise between the parties as to their respective rights and i)retentions, the notarv is bound to record such pre- tentions in the inventory, to- gether with all protestations against the same, leavino- t!io parties their judicial recourse. 1310. Any of the parties may petition the judge to oblige the notary to enter their pretention.^ or protcRta- tion.s in the inventorv. and thejndn^eis hotuid to'd..(;i.lo upon such petition in n siiin- niary manner after the other parties have had notice of it —As soon ae the order made upon such petition ha., been served upon tlie notarv, he IS bound t.. tranacribe'it in JJ^.;"^entoryann .y the parties,\nd tfe moneys are received bv the person thus employed. ' 1318. The sale may take P ace either in the pr^ence fu .P^''l""s 'n teres ted, or '1 their absence after thev 7l/„''^7'^'^^'^"oticeofit 1319. Minutes of the sale are drawn up, stating who of the persons interested were present, what notice was , giyon to those who were ab- isent. and specifvincT each oN : for J'."' .^'-.'"''^'^'^''t^^ price I toi which It was sold and the name of the purchaser. IS'^O. If any of the coheirs or copartitioners are minors published and posted up in t tie same manner as in capes of sale of moveables under execution. 214 CODK OP PnOCEDUnE, PART III, HOOK V, TIT. VI. f '^ I: CHAPTER in. OF hknefit ok i.vvextouv. ISai. Bimcfit of invontoi-y can onlj be granted upon petition to tlic court ur jiKlge, stating tliat an inventory of the property of tlie succes- sion will he t)r has been made ; that the petitioner has not acted as heir, and that he believes it his interest not to confound liis rights with the obligations of the succession. 1383. The beneficiary heir is bound to give notice of his character as such, bv an ad- vertisement, as mentioned in article 1010. _ 1333. Benefit of inventory is^only granted on condition of rendering an account and paying to such person as may be entitled thereto whatever monevs may be received ; and the beneficiary heir shall, if tlierounto required, as pro- vided by article r,63 of the civil code, give securitv to the amount and in the man- ner fi.xed by the court or judge, (i?. ^S. (,>.,art. G019.) 1324. An heir under bene- fit of inventory cannot sell the moveable propertv of the succession without observing the formalities required for the sale of moveables under execution. 1383. He may sell the im- moveables or the shares and stocks in industrial or finan- cial companies, by observing the formalities provided by law for voluntary licitations, on the advice of the parties interested at a meeting con- veiiiMl for that purpo.se in the manner prescrilied bv the judge.— Such sale cannot take place respecting immoveables e.xcept with the con.sent of all the hy|)othecarv creditors {It. S. fj.. art. 6020). 133G. [In cases where the I beneficiary heir lias any claims to exercise against the succession, he must cause a curator to be named, the same formalities being oi)served as areprescribedfof the appoint- ment of curators to vacant successions.] CHAPTER 111. (A.) OF LETTEHS of VEniFICATlO.V. 1380(/. Whenever, in this Province, an abintestate suc- cession devolves, having pro- perty situate outside of its limits or debts due by persons not residing therein, the heirs, oroneormore of them, may apply to the superior court, or to one of the jud- ges of the court, in the dis- trict in whicli the deceased had his domicile, or if he had none to the superior court or to one of the judges of the court in the district iu Avhich he died, for letters of verification establishing upon whom the succession has de- volved. {II. S. (^., art. 6021). 13266. The application is made by a petition, setting forth the death of the person whose succession has devolv- ed, the fact that he died without leaving a will, and CHAP, m (A), OF LKTTEUS OF VEniFICATIO.V, leaving property situate out- side the ri)ovince or debts due by persons not residinir therein, tlie persons who are lii3 heirs, their relationship to him and their filiation, and praying for letters of verifica- tion which declare what per- sons have been proved to be the heirs of the deceased and in what i)roportions. (f(l\ i 1336c. The iK'tition iniist! heaccomnanied with an affi- I dnvit of the petitioner, or of a competent person, attesting the truth of tlie facts therein alleged. {[,1). 1336,'/. The petition, with a notice of the time when it will be i)resented. must be served upon the other known heirs who reside in the pro- vince ; and a snmmarv notice of the intended application and of the time when it will he made, must be inserted 215 once a Aveek during four consecutive weeks, in one newspaper published in the irench language, and in one newspaper published in the English language, in the dis- trict. There must be an in- terval of at least five days between the day of service ' f the petition and that fixed tor the presentation thereof ^vith an additional day for each additional five leagues when the distance between I the Court House and the place ot the service exceeds five ieagues ; and the dav of such presentation must be at least thirty days from the last insertion of the summary no- tice. {Id.). 133G«?. I he petitioner must produce with the petition the acts of civil .status neces- sary to establish the allega- tions ; and when any .such I act of civil .status cannot be i produced, the i)etition must I be accompanied by an afli- ; davit to justify its absence. Uc/.). I 1326/ Any heir or his ipgal representative may enter an ai)pearance,and may contest either the ai)plicatiou or any allegation of the peti- tion. (/(/.). * I336y. I'he intervening I l'^";;'?^^ i^i'e l\ound to plead, withm four days from their I appearc ice, and the peti- tioner must answer within \ t iree days from the filing of the pleas, on pain in either case of foreclosure, unless a onger delay be granted by the court or a judge. {Id.) 1336A. Proof is made and the parties are heard accord- ing to the ordinary rules of I procedure;, the written proof ; produced and the depositions or the notes of the evidence must remain of record. (Id') i 1326*. When the applica- tion has been proved the courfc or judge renders iudt;- ment granting letters of veri- fication, which declare what persons have been proved and found to be the heirs of the deceased and specify in what proportions. (idV 1336^. Letters of verifica- tion may be contested, bv an action to that end before the superior court in the district where they were granted, by I. \ 216 CODB OP PROCEDDRE, PART III, BOOK V, TIT. VI. II i'l ili any hoir of whom mention lias hocn oniiftt-tl and who has not iiitcrvciiod. (/,/.). l.lar,^. Thf S. (J., art 0022). "^ ' 133G. He is bound to ren- der an account of his admin- istration, in the same man- ner as any other curator, and also -from time to time when- ever required by a competent court or by a judge to do so. 218 CODK OK rHOCBDPRK, PART III, HOOK IV, TIT. VIII. TITLE VII. Hi \(< 4 OE.MRAI. PROVIMIO\N AI>I>rYI\'«; TO Till I»IFfKKi::^T IITMHOF Till: THIIin I'AIIT OF THIS < ODK. 1337. Ill all proceed iriL's under flic diireroiit fitle.s of the third ]mvt of this rode, the delav.s upon suninions iire the snnie aw those prescribed in article ,390. i 1338. All application.-^nmde i or proceed in p.s hroujrht liefon. ajiidpe must remain in the records of the court and form part tliereof. 1339. The prothonotarv of the superior court mav exer- cise all tlie powers conferred upon the court or a judge thereof; Imt any decision hv such j)rothou()tarv is suhj(N> to he revised h'y a j,,',!,,,, "p"" ■■M'I'li<'iition beiiig'iiinil,. to tiiat effect, after notiiv given to the i»ersons inter- ested. 1340. All decisions of ,i court or ajiidpeare also->iib. Jt'f't to a review by thiw judpes of the superior court according to and in coni\n. niity witli the provisions am- tamed in articles 494 and toUowmnc, TITLE VIII. OF ARBITRATIONS I.V GENERAL. 1341. Submission is an act by which persons in order to prevent or put an end to a lawsuit, agree to abide bv the decision of one or more arbitrators whom thev agree upon. ' 1343. Those persons onlv can enter into a submission who have the legal capacity to dispose of the objects coni- prised in it. ' 1 1343. The appointment of I arbitrators by the court is ! regulated in the second part i of this code. I 1344. Deeds of submission | made out of court must state i the names and additions o* the parties and arltitrators, the objects in dispute, and the time within whicli tiio award of the arbitrators uiwst be given. _ 1345. Submission must be in writing, 1346. The arbitrators must hear the parties and their proofs respectivelv, or estab- lish a default against tliera, and decide according to tiie rules of law .; unless by the submission thev have "been exempted from "doing so, or unless they have been named as mediators. The witnesses IV, TIT. VIH, rnLKMu, oy AumrnATiof^f, js oESKRAi. It niiy (lociHioii l,v Diiotfuy ia .siiJ.jc'f fi»'y the BulmusBion the ^M'P-nntn.ent of the arbitra- tors cannot be reroked, ex- m>t with the conaent of all tfH; P'lrt.e.. If the delay is not /ixed, either of the parities « rien he pleaees. I»4«. The submission be- i oomes inoperative- ~ \ !„ ' **»« ^«8<^ »f the death, refiigal' w.thdrawal or inabilit to a; (^ one of the arbitrators ' ii'leas some clause provide hat It .hall avail notwi h! tr.itor shall be replaced by another,cho.en by the parties or by the remaining arbitra- tor or arbitrators, Vother- J'9e:-2 In the case of the |^[,'^b^P^P'--ationofthe de- ^ of^fi-'i'^t^ appointment of a third arbitrator has not' been provided for ; _ 4 Bv ' the mutual consent of " the ' tCnh-'T'-J^ the loss of' the object which forms the subject of the submission -- 6- Br the extinction of the ^^I'M^l^on ^.hicb formed the 1 subiectof the submission.- '• iiy revocafmp ;« *u- ^ 1 ofth-eprecedingartic;;!'"") Kn • ^'■bitrators cannot ^\f,J"J^d'«^ceptforreason^ Which have arisen or have ' been discovered ,ince their appointment. l3.-i(>. If the arbitrators fail , >tn thinUib;tmt..rha, been provide.! for. such appuint- ^ ^Hu.t IS ma-ie in confo'nnitv jwith heHubmiHsion.aQdthe caie 18 examined over unnU, *J -^o award ofurbitra. tors can be rendered when there are more than one, un- e^. the two named or one of these and the third arbitrator agr^ee^upon each ite.n of th^ , 1353. Awards of arbitra- , tors are made out in notarial Torra, or deposited with a , notary, who* draws Tin an '^"^^.fcactofthedeK and they mu.-it be given or pronounced to the parties or nerved upon tl.er/i, 'wUh the delay fixed by 'the sub- mission. nf'f'^:•?^V'*"j"'''C'■*l''^^^a'•ds ot arbitrators can only be executed under the auth'oritv of a competent court, upon a I ^"* '^'■""gbt in the ordinapy manner, to have the party I ''"fi"^"^^ to execute them I 1854. The court before j whom such a suit is brourht I may examine into any ifffecT?h °^ '*V"'^^ ^bicli affect the award or into anv ! questions of form which ma P,'«^^°i .its being homologat. ed; but It cannot enquire into the merits of tbe conte«ta, n^^ii "^^^^'^heless, when' a penalty has been stipulated lu the submission, the court may do so whenever the party contesting has paid or ten - 19 Hi' I 220 CODE OF PROCEDURE, PART III, BOOK V, TIT. IX. f!^iitrr^^(^i-r ^^^--a or into TITLE IX. DITUION OF LOWER CANADA II¥TO DISTRirTA FOR THE ADMINISTRAOOX OF JI STIcf. 1365. The province is di- vided into twenty judicial districts in the nianner set forth in the table to be found in section fourth of chapter second of title first of the Re- vised Statutes of the province of Quebec ; the first column whereof contains the names of each district ;— the second column, the places which are comprised within the district; —and the third column, the name of the place at or near which the sittings of the superior court are held, and where the district court-house and gaol are situated. CJi. S Q., art. G023),— The courts of civil jurisdiction of the dis- trict of Quebec have over the county of Bellechasse, concurrent jurisdiction with those of the district of Mont- magny. {Id., art. 6024). 1356. If the name of the place which is the chief-place of a district is changed, such place nevertheless continues to be the chief-place under its new name. If the name of such place has been changed since the passing of the Lower Canada Judicature acts of 1857 and la58, and is different from that mention- ed in tbe above schedule, the chief-place must be designat- ed by the name given bv such change. 1357. The officers connect- ed with the administration of justice in each of the new districts created by the Lower Canada Judicature acts of 1857 and 1858, are the same as in the old districts subsist- ing immediately before the time when such new districts were constituted, and proper persons may in like manner be appointed to fill such of- fices ; and all the provisions of law touching such offices respectively, as well with regard to the security to be given by the persons holdino- the same, or the appointment I of deputies, as with regard to other matters, extend to the like officers in the new districts, subject always to any provisions of any other act then in force. 1358. The Aan/icMe of Que- bec, as defined in chapter 75 of the consolidated statutes for Lower Canada, is and always has been part of the diBtnct of Quebec. The ban- heue of Three Rivere is and alwa^rg has been part of the district of Three Rivers. fC V, TIT. IX. le award or into TITLE IX, FINAL PROVISIONS. TO OI.STRICTH P JlSTICIt. must be designat- name given bv e. e officers connect- administration of each of the neg- ated by the Lower dicature acts of 158, are the same 1 districts subsist- ately before the uch new districts tuted, and proper y iu like manner i to fill such of- ill the provisions hing such offices as well with le security to be persons holding the appointment as with regard tterSj extend to :ers in the new 3Ject always to tis of any other )rce. bafilieue of Quc- 'd in chapter 75 idated statutes Canada, is and een part of the ebec. The ban- ■ ivivere is aud Jen part of the ■ee Rivers. fl.VAL ruovisioNs. itwhf^' '^''^/pfras contained m the npp,„^^,^. ^^ this code. whether m connection with this code or with the Civil effect' m«°'\'" "" '^'' ■^'^"' ertect, may be used in the cases to which thev are in- tended to ai)ply. ■ of thn ^'"'^^'■.'^'^^^h^^timf ot the coming ,„to force of InalTt' •'^'•^^^'•'^f^Hted : 1 ;a all cases ,n which this code con tans- ,- _..""' J that effect ; 2. In all cases t laiy to or inconsistent with a".^ provision of this code, or nn.f 7 *'"^ '^^^^ upon the particular matter to which such laws relate. _ El-cen i^^}^^' f^ regards ,'rS! ceedings, matters and thinjrs ?orc? of Vi ■''' 7"^^°^ i"S „i^- u • ^^^^ '^01^*^. and to '^■hich Its provisions c^uld 221 not apph- .vithout having a nnroactive effeet, the nrovi :s.onsoflaw which wfth^ot , this code would annlv trC |Snchproceedings.matUrsand I things remain in force a".? I app / to them, an.l this code {■applies to them onlv i„ ho i ^;; as it^coincides with such iul^^^- /^ 'i? a»J article of tl"s code founded on the a^vs existing at the time of Its promulgation, there be •^'lifference between the En- f ^9^} consistent with the provisions of the exi.ning Jaws on which the article if founded • and if there be any clla gifftre"existTn/r'^'' , gi"„ Lue existing laws that version shall nrevi f which ,8 most consistent with and the ordinary rules of le- g^al interpretation shall appiv ?on """""^ such inten. APPENDIX PART FIRST. FORMS COXNECTED WITH THE CIVIL CODE. ii, f No. 1. In connection with article 1834. Lower Canada, 1 District of J We, ,of in {Grocers) hereby certify that we (have carried on and) in- tend to carry on trade and business, as (Grocers), at in partnership, under the name and firm of , {or as the case may be), or I (or we) the undersigned, of , here- by certify that I (or we (have carried on ana) intend to carry on trade and business as at , in partner- ship with C. D.. of , and E.F., of , and that the said,partnership hatii subsist- ed since the day of , one thousand , and that we (or I or we and the said C. D. and E. F.) are and have been since the said day, tiie only members of the said partnersliip. Witness our (^or any of our) bands at , this day of , one thousand , {or as the case may he). No. 8. In connection Avith article 2299. NOTINO FOR NON-ACCEPTANCE. {Copy of bill and endorse- ment.) On the , 18..., the above bill was by me, at the request of , presented for accept- ance to E. F. the drawee, personally, {or at his residen- ce, office or usual place of business) in the city (town or village) of , and I have received for answer " ;" the said bill is therefore noted for non-acceptance. A. B. Not. Pub. , 18... Due notice oftheabovewas by me served upon ] p'r*' [ "- Inn'Sr} re-onaliy. on the ,.of , {or, .it his residence, or usual place of business in , on the day of ,) or, by depositing such notice, direct- APPENDIX, PART I. L CODE. with article -ACCEPTANCE. and endorse- •) ..., the nhovc It the request d for aocept- the drawee, it his residen- tial place of city (town or ., and I have wer " ;'• erefore noted ice. A. B. Not. Pub. he above wa? on [i .B.J D.,j personally, , (or, nt usual place , on the ....,) or, by loticc, direct- ed to liim, at ill Hor -Majesty's poit oflice,' ui thi.s city (town or village), on t'"^-; day of , audpiv- paymg the postage thereon. A. B. Not. Pub. , 18... No 3. In connection with article 220J. PKOTIST FOR NOX-ACCKPT.ANCE OB Fun XO.V-PAYME.VT OF A RILL I'AVAKLE •iENERALLV. {Copy of bill and endorse- ment.) On this day of m the year 18..., I, A B., no- tary public, for Lower Ca- nada, dwelling at , in i Lower Canada, at the re- ' questof ,dide.\hibitthe! original bill of cxchauge, i whereof a true copy is above i written, unto E. F. , the! f drawee 1 ., „ ; 1 acceptor; t'^^-'reof, person-J ally, {or, at is residence, offi- ce or usual place of business '■ in...... ,) and speaking to liini- selt {or his wife, his clerk, or his servant, &c.) did demand 223 I have proterfttMl, u:i,l |,v those ! presents do protect aLrainst i the acceptor, drawer and endorsers {or, drawer and endorsers) of the said bill, and other parties thereto, or therein concerned, for uU exchange, re-exchange, and all costs, damages and in- terest, present antl to come, for want off acceptance ) ( pavment \ "' the said bill. * M\ which I attest under my signature. (Protested in duplicate.) A. B., Not. Pub. (■acceptance) .\ „ 1 payment {thereof; uato which demand | ^^^ \ an- swered, " " Wherefore 1, the said no- tary, at the request aforesaid, Xo 4, In connection with article 2203. PUOTEST FOK NON-ACCEPTANCE j OH FOR NON-PAYMENT OF j A BILL PAVAHLK AT A j .STATED PLACE. \{Copy of bill and endorse- j menis.) I On this day of , in the year 18..., I, A. B., notary public for Lower Ca- nada, dwelling at , in Lower Canada, at the request 0* , did exhibit the original bill of exchange whereof a true copv is above written, unto E." F., the f drawee 1 ,, ,. , 1 acceptor) thereof, at , being the stated place where the said bill is pavable, and there, speaking to , did 224 CODE OF PnoCEDURE. (lo- i the words " written unto, " \thervords " and which bill \vas by me, duly noted for non-acceptance on day I of. last.'' '' I J'Ut if the protest be not made by the same notary, then I It should follow a cop',/ of the I original bill and endorsements ' ••••; public notary tor Lower Canada, noted for non-acceptance, as appears by his note thereof marked on the said l»ill. " No. n. Ill connection with 2320. article PUOTEST FOR N-.n-paymeXT Of A HILL .\OTEI), HUT \0T rllOTE.STRD, FOR ^qX- ACCEPTANCE. Jf the protest is made hu the same notary who noted the bill, It should immediately follow the act of noting and inctnorandum of service therc- f^^^%inninn the year 18...,' I, A. B. notary public for Lower Canada, dwelling at in Lower Canada, at the 're- quest of... , did exhibit the original promisso. • note, whereof a true cojiy is\above written, unto i., the pro- APPENDIX, PAUT I. 225 rd " again ; " niissor, personally (or at hlal residence, office or nsuul place of business, in ). and speaking to himself (or Iiis wife, his dork, or his ser- vant, &c.), did demand i»av- tuent thereof ; unto which demand { ^1^^ } an- swered " ' Wherefore I, the said notary, at the request aforesaid, have protested, and Ijy these pre- sents do protest against the promis9or and endorsers of the said note, and all other parties thereto or therein con- cerned, for all costs, damages and interest presc.it and to come, for -want of payment of the said note. All which I attest under my signature. (Protested in duplicate.) A. B., Not. Pub. No 7. In connection with article 2320. PHOTEST FOn NON-PAYMENT OP A NOTE PAYAHLE AT A STATED PLACE. {Copy of note and endorse- ments.) On thi3 the year 18.. ni})lic for day of. • ) 111 ., I, A. B^ notary Lower (Janada, -ellingat , in Lower '-^anada, at the request of. .., did exhibit the original pro- pul dw missory note, whereof a true copy IS above written.unto..., tlie proniissor.at , l)cing the stated place where the said note is pavahle, and there, -speaking to , did demand payment of the said note, unto which demand he answered " ' Wherefore I, tlie said no- tary, at the request aforesaid, have protested, and by these presents do protest against the promissor and endorsers of the said note, and all other, parties thereto, or therein concerned, for all costs, da- mages and interest, preseiit and to come, for wantof pay- ment of the said note. All which I attest under ray signature. (Protested in duplicate.) A. B., Not. Pub. No 8. In connection with articles 23 ')3, 232G. NOTARIAL NOTICE OF A NOTING, OR OF PROTEST FOR NON- ACCEPTANCE, OR OP A PRO- TEST FOR NON-PAYMEN ' OF A BILL. {Place and date of noting or of protest.) [First.] To P. Q. {the draiver), at Sir, . r. ^^^^ ^^^1 of exchange for$ ,datedat ., 226 CODJt OP PROCEDCHE. J''^ ••••••- upon E. F., in favor ofC. D., payable . "JJ3 day, at the re.iuest of..., duly J"oted \ ^ 1 protested j '^y »e for ( "on-acceptance. ) I iion-payment. j A. B., ^oi. Pub. No. 9. In connection uith article^ 2303, 232G. NOTARIAL NOTICK OF PROTEST FOR NON-PAYMKNT OF A NOTK. (Place and date of protest.) To • at. {Place and date of noting or of protest. ) [Second.] at. Sir, Mr. P. Q.'sbillofex- i^liangeforl ,dated at..., *"*^-"- 7 upon E. F., in your favor (or in favor of U. L).), payable... .days after I sight, ) , . •' 1 date, I and by you en- dorsed, was this day, at the request of. ,duly f noted ) , ^ I protested / ^y ™e ^or i f non-acceptance. \ I non-payment, j A. B., A'^9^ Pub. SiR.-Mr p. Q.'apromisso- ry note fori dated at ^^^ > payable j months [ afterdate to {g>;o{]"o';o,. der. and endorsed by you was this day, at the request ^'••u- > duly protested by meforaon-payment. A.B. Not. Pub. No. 10. In connection with articles 2303, 2326. ACT OF NOTARIAL SERVICE OF NOTICE OF A PROTEST KOK NOX-ACCEPTANCK OR NON- PAYMENT OF A BILL, OR OP NON-PAYMF.KT OF A NOTE (TO BE SUBJOINED TO THE PROTEST.) And afterwards, I, the atoresaid protesting- notary public, did serve due notice in the form prescribed by law :-i^ APPENDIX, PART I. 0. 9. n u ith article- ', 232G. riCB OF PROTEST PAYMENT OK ■ OTK. ate of protest.) Q.'a promisso- ■• , datedat rdaya 1' ) )r or- ble -J months (on you 1 i. F. 1 )raea by you, at the request protested by ment. A.B. ■N'ot. Pub. 10. with 326. articles h SERVICE OF PROTEST FOR CE OR NON- L BILL , OR OF OF A NOTE INED TO THE rds, I, the ting s due ribed notary notice by law of the foregoing protest for r non-acceptance ) 1 non payment j °^ "^^^ (note } thereby protested "P"" { C." D." } the f <1 rawer ) (endorsers j personally, on tbe day of [or at his resuience, office or usual place of business in. o"th,e ....day of ;'o;; ny depositing such notice, directed to the said I ^-Q'} at .......... in Her Majesty's post office in this city (town or village), on the day of ■........, and prepaying the postage tljgreonj. In testimony whereof I ' have, on the last-mentioned day and year, at afore- said, signed these presents. 227 A. B. Not. Pub. No. 11. In connection with articles 2304, 2305, 2320, 2327. PROTEST OF A JUSTICE 0.' THE PEACE (wifERE THERE IS No NOTARY) FOR NON-ACCEPT- ANCE OF A BILL, OR NON- PAYMENT OF A BILL OR NOTE. {Copy of bill or note and en- dorsements.) . On this day of in the year 18....' I, N one of Her Majesty's justices ot the peace for the district of ; "I Lower Canada, dwell- ing at (or near) tlie village *^t ••.., m the said district, there being no practising no- tary public resident at or near the said village, {ornm; other Legal cause), did, at the re- 9"«^tof. , a householder in the said district, well known unt(» me, exhibit the original {^biU j „, hereof a true copy is above written ^ (drawer untoP, Q,, the j acceptor ,, „ (promissor thereof, personally,, (or at 1)13 residence, office or usual place of business in ) and speaking to himself (his wife, his clerk, or his ser- vant, &c.), did demand I acceptance ) ^, 1 payment J thereof unto It'll } an- which demand | 'j® { swered '' '■". Whereof, I, 'the said justice otthe peace, at the request aforesaid, have protested, and by these presents do protest against the drawer and endorsers promissor and endorsers acceptor, drawer and endorsers ofthesaid{J>j;i }and all other parties thereto and therein concerned for all ex- change, re-exchange, and all costs, damages and interest, present and to come, for want of f acceptanc (. j)avment the said I ^''1 I (.note. J of 228 ! fl CODE OF PROCEDrRE, All which is by these pre- sentB attestod under the sign- ature of the riaiii {the n-itness) and under my hand and seal. (Protested in duplicate.) (Sii/imtnre of (he wilne.'^s.) (.^iunatureandsealoflheJ.P.) No. 13. No. 13. In connection with article 2337. SCHEDULK OF KEES AKr> CHAU(;ES, _ . $ CtS. i< or presenting and not- ing any bill ofexchan- ge, and keeping the same on record l OO Copyof the same when required by the holder 50 ■For noting and protest- ing for non-payment any bill of exchange or promissory note, draft or order, and putting the same on record j qq For making and fur- | nishing the holder of any protest for non- li, ;,, acceptance or non- payment, with certifi- cate of service and copy of notice served upon the drawer and endorsers o 50 I'or every notice, in- cluding the service and rocordin"' copy of the same, tt^an en- dorser or drawer, in addition to the post- ages actually paid... 50 In connection with article 2134. FORM OK A DEED OF H.VIUJAl.V A.M) 8ALE EXEC [-TED llEFOHE WITNESSES. Of This deed, made the dnv . &c of. , between A. B'., , -)) he, the said A. B., doth hereby grant, bargain, sell and confirm unto the said C. D., his heirs and assigns for ever, all that certain lot of land, &c., {insert here a de- scrihtion of the property sold): lo have and to hold the said lot of land and premises here- inbefore granted, bargained and sold, or intended so to be, with their and every of there appurtenances.unto the said C. D., his heirs and as- sings for evei-. In witness, &c. A. B. [L.S.] C. D. [L. S.J Signed, sealed and") ^^ ^ delivered, in the } ^- V presence of J ^^- "• Al'PE.NDIX, PART I. 229 ). 13. )n with artich' :K1) ok HAH(iAI.\ :('rTED liEFOHE KSSKS. iiiido the fUiy etwee 11 A. B"., ' the one pfirt, , A'c, of the nesseth ; That, Us^idemtion of to the said A. id hy the said fore tlie execu- presents (the f is Iiereby ac- }■ the said A. d A. B., doth barp-ain, sell to the said C. id assigns for certain lot of ert here a de- iroperty sold): hold the said n'eniises here- 'd, bargained tended so to and every of nceSjUnto the heirs and as- 11 witnes3,&c. B. [L.S.I D. [L.S.J and) p, ^ No. 14. In connection with article 21'!9. MKMOUI.M, OF A OKEI) OF HAR- GAIX AMI SAlK KXKrCTKlj HEKOItE W1TXE.SSES. No. 1.-.. A nicmorial to be register- ed uf a deed of bargain and Nile, bearing date the 'lay of , in the year of our Lord , made between A. B-, of esquire, of tlie one part, and C. D., of i-c. of the other i)art {a full leKcription of the parties to be inserted, as in the deed), by which said deed the said A. B., for the considerations therein expressed, did grant, tiiirgain, sell and confirm un- to the said CD., his heirs and assigns, all that, &c., (insert a description ot'thej>ro- perty sold) ; To hold to the said C. D., his heirs and as- signs for ever : Which said aeed is witnessed, &c. (spe- cify here the iiames oftheivit- nesses to the execution of the deed) : and the said deed is required to be registered ))y the said C. D. As witness l;ishand, this dav of , CD. Signed in the presence of In connection with article 2041. MEMORIAL OF A 'lEEP OF liAR- (iAIN AND SALE, l!V WAV OF.MOIlTOAfiE, HEFORE WITNE.S.SES. J. K. L. M. A memorial to be register- ed of a deed of bargain and sale, bearing date the dav of. , in the year of our Lord , made' between A. ^^v of :, iVc, of the one part, and C. D., of. , &c., of the other part, by which said deed, the said A. B. ot J did grant bargain, sell and confirm unto the said C. D., hi; heirs and assigns, all that, (and CD., his wife by hiui i„ this behalf dnly authorized,) of the one part, and E. F. of. kc, of li:^(i other imn, (a fuil descrip- tion oj the parties to be insert- ed, as in the deed) .- Ijefore G ■H-, public notary and wit- nesses, (or before J. K., and another, public notaries as f/ie case may be,) by which said deed of gift, the said A. B., and C. \y., his wife, did give, grant and confirm unto the said E. F., his heirs and assigns, all that, &c., {insert a description of the property convci/ed by the deed of (lift '■') to hold to the said E. F his heirs and assigns for ever • subject, nevertheless, to a certain life-rent, consisting ot &c., ^.here insert the parti- culars ofudiich the life-rent is composed ;) which said life- rent IS payable by the said r i^ ^^^'^^ ^^''^ A.B. and ^ D., his wife, each and every year duriuQ- the term ot their natural iTves, as in the said deed of gift inter vi- vos, is expressed : And the said deed or gift is hereby rcmured to be registered la (the said E. F.) As wjtt.t.;. his hand, this day of &c. «• , • , r^- ^■'■ bigned in tJie presence of L. M. N. 1>. No. 17. In connection witli the arti- cles 2098, 2139. MEMORIAL OK A WILL, OR of K PIUMMTK, OR AN OFFICF COPY, OR A NOTARIAL COl'V THKEEOF. A memorial to be reiq- tered of the probate (,,r?ot the original will, or an office or notarial copy, or as i'*^ I case may be,) of the lasrwiil and testament of G. II., kt- ot.... , bearing date. Ac, by which will tlie said tes- tator did give and devise unto, &c., (a« in the u-ill) to hold, &c.; which said will was executed by the said tes- tator, in the presence of A. ?• ^^V*^^-' ^- ^- of» ^^c-: And the probate of the said will, (or, the original, or a. othce or notarial copy, or a.< the case may be,) is' herebv required to be registered bV (U. L\, one of the devisees therein named.) As witness his hand, this...,....d"v of Q. , . 0. P.' feigned in tJie presence of R. S. T. V. APPENDIX, I'AUT I. 231 I to be rcpistcroil \.\ I'i K. F.) Ah wit,,,:. ') tins (lay of Xo. 18. ctioii with the arti- es 2098, 2139. - OK A WILL, Olt OKA '!•'; on AN OKl'lCK •R A KOTAKIAL Coh IF. 10 rial to he regi?. the j)robate {or" ot lal will, or an office al cop3-, or as ihs !^e,) of the last will iK'nt of G. II., lat>' •earing date. 4c., Avill the said tes- give and devise , (as in (he 7vill.) c; which said will ted by the said tes- he presence of A. , C. D. of, Ac; rebate of the said he original, or ai. )tarial copy, or as uy be,) is' hereby ' be registered bv e of the devisee's ned.) As witness Iiis...,....d"v of. . 0. P. iJ;e presence of R. S. T. V. In connection with the articles 2098, 2i:{9. MK.M0niAL or A NOTAHIAIi OIILUJATION. A nu'inorial to be register- ed of a notarial copy of a notarial obligation (or of the original, if it be the original,) liearing date the day of.., in the year of our Lord , made and entered into by A. li., of. , Ac, before E. F., j.ublic notiiry and ^Tit- ncsscss, {or before G. 11. and aaother, public notaries, if the ease he .fo,) wherel y the said A. B. owned himiiidf to l)eindel)ted to C. D., of. , &c., in the .sum of. dollar.?, to be paid, &c...... and for securing the payment of the said sum of monev and inter- est, hypothecated all that, ' &c., {insert the description of\ the hypothecated premises, as j contained in the notarial ofdi- gation:) Whicii said notarial i copy of the said notarial obli- ! gation is hereby required to be registered by the said CD. ! As witness his hand, this... ' day of. ,&c. C. D. Signed in the presence of J. K. L. M. No. 19. In rnnuection with the articles 2117, 2139. MK.MOIUALOFTIIEAPPOINTMKXT OF A TITOIl TO MINOHS KOK TIIK I'liK.SKKVATION oK TlIK LKIiAL Oli TACIT flYl'OTIIKC UKSILTI.NO KRO.M .SCCM AP- POINT. MK.VT, A memorial lo be register- ed of the appointment of A. B. of, &c., {insert the place of abode and addition of the tutor ;) to l)e tutor to C. D., ' E. F., &c., minors under the I a^e of twenty-one years, i.-;.sue \ of the marriage of the late ', G.H., {the name of I /w father) I deceased, with the late J. K., j {the name of the mother) also I deceased, which appointment I was made b^ and under the authority of L. M. {insert the name and description of the Judye by ivhom the appoint- 7nent has been made ;) at kc. {the place lohere the appoint- ment was made, on the...... ~i 3 CODE OF I'UOCEDrnE. N. 0. Signed in the presence of 0. P. R. S. No. 30. In connection with the articles 2121, 2139. MEMoaUL OF A.;LTnaME.,T. No. 31. rn connection with artici,. 2I5I. ' CKnT.FKATK of oihcUA,,, f' )M A ,;rf..,ME.VT ^vn,ru "AS HKK.V HKril.STEUKI.. To the registrar of. A memorial to be retristero.l of a judgment in UefTa.t U 3 court of. ,at , in the year of our Lord 'be- tween A. B., of..... '/n Plamtur, and C. D of ' «c., defendant, for.'.....doii.l ars, with interest from, &c and costs taxed at...dolkrs ■ lendered on the day of the said month of , and is hereby reouired to be regis ! ered by (tlie said A. B.) As ofT.T&c ^^"'^' ^^''-'<^iy A. B. ''•'itii paid n,e the sum r n'oney ,lue upon a jud ^ 'f recovered in' Her 3 ar,"tv court of... nt ^''^^''.^ > yoarofouri'oS ' " /''^' the said 4 R •' - "'"'' saidC D f^: -Wnst the ;;ebt and.:.:!^oiiarsf '^ :;:- tiie year of our Lort the same is reiistered nn suant tolaw ' ' "' As witness my hand,''tli'. •••• tJay of i ' , yecvr of our Lord Signed in the presence of J. F. T. P. ■S!~ .•.-;A. B. Signed in the presence of /•Km of. ,&cr APPENDIX, PART I. 233 No. «2. Xo. 33. In connection with article 2151. A CERTIFirATK To PLSCHAnoE A MORT(iA(}E. To the registrar of... . I, A. B., of Ac, {the mort- gagee in the ite the dav of , in the year of our Lord...., made between the said C. D., of I the one part, and me, tlie said A. h. (orE. F., as the ease mnv be,) of the other part, which was registered o« the. day of. , in the vearofour Lord ; and I hereby require an entry of such payment to be made in I the register,wherein the same IS registered, pursuant to law As witness my hand, this... day of...,.., in the year of our Lord A. B. In connection with article 2 LI I. A CEUTIFICATE To DI.SfU.UUJK A NOTAIUAL ofir.KJATIo.V, AND K.VTIN(ii:SH TIIK KVPOTHKC THKUKIJV CoNSTITITKI). To the Registrar of., Signed in the presence of of., 0. P., R. S., 01 .&c. .,&c. f, A. B., of, *c.. {the hifpo. thecary credit nr, !,is heirs, executors, curators or admi- "'•'^'■«'«^7») (h) hereby certifv, that C. D., of Ac, hath paid the sum of money due upon a notarial obligation, bearing ;late the... day oL , ir? the year of our Lord, made by the said C. D., to me, and in uij favour, {or in Javour J O. u., as the case mat/ ^.t,)as the obligee therein named, before E. F., public [notary and witnesses, (or I'efore E. F. and another, [•nbhc notaries, as the case may be,) which was register- ed on the dav of. , in the year of our Lord ; and I do hereby require an entry of such payment to be made in the register, wherein the same is registered, pur- auantto law. As witness mv hand, this.. ?^y of- , in the year of our Lord o- J . A. B. feigned m the presence of J.K. L. M.', of., &c. 234 f itj I. .¥ V ' ; i I ; t ■ i I i ; I CODE OP PROCEDURE. Xo. 24. In connection with articles 2115,2120, 2121. registrar To the County (or division) of.. for the registration No. 25. SiK,— I hereby notifv you that the following real pro- perty, lying in your countv (or registration division) tha> IS to say— (describe the rro- perty mj/icienth/, as then re- quired by the civil code.observ- "\9 the requirements of article 21b8, if It is then in force in such counti/ or registration dinsion,) is now in the pos- session of A. B.. of. , as his property; and I give Vou this notice, to the end that the sa.id property may become bound and effected by the general hypothec on the lands and real property of... , of created by {describe the ins- trament us in form, No. 36 ) which is already registered (or herewith filed for regis- tration) in jour office, in favourofC.D.,of , 0^,," m whose favour the hypothec exists) and may be indexed by you as being so bound and aiiccted. Witness my hand, this.... day of. , 18.... E. P. In connection with article 2131. To the registrar for the coun- ty (or registration division) of ' Sir,— Take notice, that I hereby renew the registration of the hypothec created hv the {describe the instrumnn as in form 24), registered in your office, on the day "^••••••'18 and binding'' and affecting the following property lying in your countv {or registration divigion). that IS to say ; {describe th property as inform 24), which property is now in the nog- sessioaof C. D., of. he as the owner thereof. " Witness my hand, this.' day of. , 18... E. F. {Quality in which E. F. acts) No. 2G. In connection with article 2172. {Quality in ivhieh E.F. acts.) To the registrar of the county {or registration division) of ^ Sir,— Take ootice, that the property- mentioned in and affeetca by the {describe the instrument as in form 24), hied for registration in your office, on the day of No. 25. tion with article 2131. strar forthecouii- istration division) ke notice, that I w the registration )thec created l,y ''e the insfrumr-nt 24), registered in on the da.v -.., and bindintr ig the following tigin your county ation division), ly ; {describe fh-e 'i/orm 24), which now in the pos- • D-,of. kc„ f thereof. y hand, this 8... E. F. uhieh E. F. acts) K 36. 'n with article 172. ar of the county ation division) fliOtice, that the tioned in and e {describe the ■ «w form 24), ration in your day of.". , APPE.VniX, PART 11. IS..., IS ,>roperly descrilted under the provisions of arti- cle 21G8 of the civil code, as" follows : (Inxert the descrip- tion as required by the said article, showing clearly of what number or numbers, or what part or parts of am/ 1 number or numbers in tfiel 235 proper plan and book of refe- rence, such property consists,) and 1 mve you this notice under the requirements and lor the purposes of the said article. Witness my hand at this day of, 18... A. B. PART SECOND. FORMS CONNECTED WITH CIVIL PROCEDURE. No. 27. In connection with article 69. grown up person of his fam- ily at hts domicile in the said County : and Deponent hath signed. A. B. ■^- B., of , being duly sworn, doth depose and say, (that he is a Bailiffentitled to serve process of the County Court of the County of ., in Upper Canada,) and that he served the within Writ of Summons on C. D., the De- fendant (or as the case may he) therein named, on the AFFIDAVIT OF SERVICE UNDER ARTICLE SLXTY-N'IVE OF THE CODE OF CIVIL PROCEDURE, I Sworn before me, at thi<, TO HE EN-DORSED QN THE dav of Is' WRIT OP SUMMO-VS. ' ' J. P. Signature of the Commissioner or Justice of the Place. ,,[N. B. — Omit the words that he is a Bailiff entitled to serve process of the Countv Court of the Countv of., in Upper Canada,' '—whe'n'the service has been made by a person who is not a Bailiff', or being a Bailif is not entitled Court in such Couniij.] • day of., 18. at. o'clock in the'. at , in the said County, by deli- vering to him personally a true copv of the said Writ {or as the case may be) by leaving a true copy thereof tor the said C. D. with a 20 236 |(, i CODE OF PROCEDDRE. N'O. 38. In connection with arti- cle 91. No. 29. Iq connection with arti- cle 91. '™r.,r™™--™j;-: "--:-, r,r»""- Lower Canada } District (orCircuit) of J Lower Canada ] District (or Circuit) of j In the superior (or circuit ' Tn ♦), . • . court) ^"^cu't In the superior (or circuit) ' ^ court. A. B., C. D., vs. Plaintif, Defendant. A. B.,of.. the plaintiff, (or one of the plaintiffs) in this cause, being duly sworn, nm n?'P°'\^'?^ say, that the sumof. being the amount demanded of the defendant tiffs) therein, for the causea n his (or their) demand men' ncnt hath signed, (or hath declared hinfself ' uiable S aign being thereunto duly required.) •' Signature, A. B. Sworn before me at t^« day of , is.';;; i I J. s. p. Signature of the iudae. «-«- thonotary, clerk or' com- misstoner. ^- ^■\ of. , being duly sworn, doth depose and say, that to his personal know- edge, the sura of , being tlie whole (or part, as the case may be) of the amount demanded of the defendant "1 this cause is justly due by him to the plaintiff (or plain- tffs) for the causes in his (or their) demand mentioned • and the said deponent hath' signed, or hath declared him- self unable to sign, beincr thereunto duly required). Signature A. B. Sworn before me at this day of 13.'.'''.l J. S. P. Signature of the Judge, pro- thonotary, clerk or com- futistoner. No. 30. APl'ENDIX, PART li. 237 A PEUSON OTHER ^-INTIKF. In connection With article 330. THE OATH TO IJE ADMINISTER- EH TO EXPERTS. I, A. B., of th.^ parish of ••;•■., in the county of, (if there be iivn or'more per- sons to be sworn iMu, J, A B f- : a»JI. C. /)„of. 'ii do make oath and swear that' in the presence of F v. .. | plaintiff, and G. Ii , .^e de! tendant named iu ;,■. JMterlo-' cutory judgment pronounced i in {liere insert the name of the 1 court) in the district of' bearmg date tlie day*"of ....... or in their absence jitter aue notification shall lave been given them, to at- tend at a place to be design- i i'^';^' '^"''^'i'\^la.y and hour i to be specihcally named to ' ;;nera respectively, I will ' faithfully proceed as an ex! pert to the view and exam'i- ' nterlocutory sentence ; and that I will truly report my •opinion in the premises ;vithout favour or ^artTah?^ 7;Fds either of the sa J parties ; So help me God ' ; commissioner of the superior ; court in the district of I >\f ,f '-fltdegate authoVized i p) tlie commission (or the Judgment, as the case may he) (".'^/f^'Oat on the day ! of the month of in t 'e year ' "'® No. 33. In connection with article No. 31. CEaTIFfdATE, TO HE MADE AND \ SIGNED BY THE COMMIS- SIGNER, OP THE DUE ADlfl- ' NISTRATION OP THE OATH, j Sworn before me a; iTHE OATH TO liK ADMINIS- TEUED TO WIT\E.SHE.S. ,J'f •••:••> O'isrrt the name, .prrtfesston or qnalitn and place ■ 'V residence ot the xcitness) do ! make oath and swear that I i am not related or allied to, V I ";'!"'''"V .^'" ^lomestic of b.F the plaintiff, or G. H.. the defendant, and that f am not interested in the event of tfiem, {orifrcHness says he is, I state m what decree he decla- I res himself to be related or , allied to either and which of ' t\^'?J*'-'- r """'"^ -^it'/'ition : ^'Jioldstn the family of either o/Mm,) and I do also swear ; that the eyidence which I sha 1 give between the said parties before the experts (or arbiters or arbitrators as the case may he), named in the mtcrlocutoiy judgment pro- nounced by {here insert the name of the court), in the said cause, shall be the truth, the whole truth, and nothing but the truth; So help me God 23R CODE OF PUOCEDPBE. II. f No 33. No 34. In connection with article' In connection w.th articl. °^- 049. I oALK. Canada, Province of Quebec, District (or circuit of... In the superior (or circuit) court. A. B., plaintiff, vs C. D., de- fendant, and G. H. onpo- sant. G. H., of , the oupo- sant, (or one of the opposants iri this cause), {or of her per- son, as the case may be) beino- duly sworn doth depose and say, that the facts articulated and set forth in the annexed opposition, and each and every of them, is an; the cause of 'trtion accurd- \nyly. If there he a dedara- tioH annexed, ref'r to it ■ and omtftniff the rrords ufter'- the pmintiff aforesaid," " .av ' ''ath, by his declaration hereunto annexed, made com- plaint against vou in the manner therein 'sot forth.") And the plaintiff pravsjudcr. ment accordingly. ' ° Vou are theref'ore required to satisfy the demand of the said piainti/r in this cause, with costs, or to appear in person or by your attorney before our said court, at the court house at in the said !;'f^»'t, at o'clock in the orenoon, {omit these words if the case be anpcahle), on the I • "^y. or. instant {or I next), to answer the said i demand ; otherwise judc- ment may be given againtt you by default. In witness whereof, we bave caused the seal of our s.^d court to be hereunto affi-^ed, at this day of 1? the year of our Lord, one thousand eight lumdred E. F. Clerk of the said court for the f^aid district {or circuit). ■ij » { 240 CODE OF PROCEDURE. No. 3c. In connection with articles 700, 935, 955. TERTIFICATE OF THE RRQIS- TKAIl. t.o\vor Canada, \ County {or registration } division of ) Privileges and hvpotheca refeistercdinmyofficV^ whfch cio not appear by the books therein to have been wholly discharged, and of which [ Tr! ""5^'^' i^'^ provisions of the code of civil proceduS of Lower Canada, required ^ to grant a certificate, at the' instance of A. B.,'of.. ' (fisquire, or as the case ma^ ] I'') the applicant named in ' the annexed notice of appli- '•a ion for confirmation^of ffoTtT'r^--^-'*^-' She- riff of the district of.. .having the execution of the annexed no^ceofsheriff'ssale,.".!.^:,! 01 i. F.,&c., the party pro-' fT^A^^ the licitation-^ men- tioned ,n the annexed notice ;»''ofG.H. applying for such certificate :.. " ^ First. Against the property to which the judgment of confirmation... o;- the said notice of sheriffs salc.o. he said notice of licitation s to apply.-,,;, described in the application of the said ^- H. ; the following, yiz ■ a hypothec (or. .;l-,„,, mat/ be) created by a (de- scription o/instrumenf) bet- ^'^•^^ and (names find qualities of j>arfies\ bearing date thel.^.dav;?' ••••..18..., and registered on '•"6 day o.... 18 Pffsed (if the in^irumentl' notarial) before notarv Public and his colleague at....... as to which no"li,s charge is registered (eras (he case may he, meniioniT,, ( .y partial discharge remt ierel) and the surn whi , appear to be due for pr cipa and interest secVr d ' t^^"hi<^hhvpothec appears ;°^.^^ , and the retri.- I f '■^tion of which hypothec has not been renewed ( J^as renewed on the da" "^"^^(^ form for anil other pn. vilerjes or hm.othccs rini,. ^}^^-^d(ujamst mch prapitu ^v ho within ten years nevt preceding the dkte of he registration of the tittle sought to be confirmed n, •aforesaid, or next pi - ceding the date of thenotice ofsherirssale, o; ne$ preceding the date of the noticeofsale by licitation va* the case mai/ be) or next preceding the date of the application of the said ot the said property, the following, yiz ; ■}>''"'- A hypothec created, Ac, (as under next preceding had.) f ^^rtijicate mder'ariicTe ^t77 of the civil code) Against G.H., of. , & c ! the immediate author APPENDIX, PART II. ofthe party who owned the said property at the com- mencemontofthe said ten vears, the follovrin?, vi?- • A liypothec createil. kc (us ^^nder irecpdiufi heads'.^ If there IS no prinlcne or In/, pothcc required t6 be certi- Jied under anil one or more 0/ the Jorerjoing heads, the tiegistrar will instead of the , "■" ' " 1';° f'j''<'7°«J R=«i»trar of „,o coun.v „, sen the tvord] reeristratinn A\.-\.;.J I ^'^ 241 "as the owner of tlie said property in the vear 18 )Or,as the case >,,.,], he, men- tioning all the/act's ko ascert- nined) .- all which I iierehv certify to all whom it nmv concern. Witness my hau(f, this. day ot K., No. 37. In connection with article 701. Lower Canada District of } VIZ : ■' in books and donimon+o •.. i -^ ^"® .^<^ar 18 in my office, who alHheli^'folSr '' ''''''' ^'^ ^^e ers of the' property durTn J ' theVrn^^^ ^'^P''*^ ^''^^"''•'^^ were, (or whe was the f^^ithor, &c., stating the re- quisite fact or facts zvhich 'le was not able to ascertain Jrom the^books or documents \n tits qg,cc),—l have, there hi -.- I y ""'^'i' jJ'ircu was ' of the said propertg say,) waq in or about the yearlS fn possession as owners of (ic!,- ertbe the t)art.\. forir^ip- La-t fore; airrcq'&'w tLS' ! trkl ''°,"°"'"«P™Pe"y?5; 242 CODK OF PROCEDURE. I S W is f M years, declare in ihe same matmer fhc time durinr) which each oflhem hax possessed the proi,ert>i or any portion of it A and the deponent {or affir- mant) hatli signed. R. F. Sworn (or solemnly affirmed^ before me, at , this day of. , 18 L. M. con- >n order to answer the testation of his claim. By order, R. S. Prothonotary, Registrar or Justice of the peace for district of. The words of the Joregoina are to he varied so as to meet the circumstances of the case* in which they arc used. No. 38. In connection Avith article 751. Lower Canada, District of In the Superior Court, {date.) Present : X. Y., Judge. A. B., Plaintif, Defendant, G. D., E. F., vs. et (^rianUer eolloquS. It is ordered that the said aj. .^.t Qduiuty and dumi- c?/e) or his legal representati- ves do appear before this Court on the day of..." No. 39. In connection with article 7C6. To C. D., of {stale here the address and callinq of the party) defendant in the cause wherein the judg- ment an authentic copy whereof is hereunto affix- ea, has been rendered. . Takenotic* that the under- signed, A. B., plaintiff in the said cause hereby demands of you, under and by virtue of the provisions contained m article 766 oftheCode of Civil Procedure of Lower article is hereunto subjoined t\lT ^'''^^''' information n the premises-that, within thirty days from the personi^ service to be made unon you f}"^ f"TO^"g certi^ed copy e, w?fn^"^^?""t, togeth- with this notice, you do make and file the st/temen? prescribed in the same article in the manner and under the penalties therein set forth. of^""^"* '*fais day A- B. Plainiif. (fTere insert a copy of the said article.) ^ ^ •/ "^ answer the con- his claim. APPEXDIV, PAIiT If. er, claim R. S. Prothonotary. 10. 39. ;ion with article 766. )f {staie here the id calling of the fendant in the erein the judg- authentic copy i hereunto affix- 'n rendered. e that the under- , plaintiffin the lereby demands 'and bj virtue 310ns contained of the Code of ure of Lower opj of which unto subjoined ler information (s—that, within Jm the personal made upon you g certified copy gment, togeth- lotice, you do the statement le same article, and under the in set forth. > this day A- B. Plainiif. a copy of the N'o. 40. 243 III connection with article 768. Lower Ciinada, District of.... } In the Superior Court. Xo {hn-r state the number of the action.) A. B., Plaintifr, Vs. C D., Defendarht. .Public .Yotico \i hereby i?'veii, III pursuance of the pronsions of article 7t,8 of the Code of C.vil Procedure ot Lower Canada, that at [lie Iiour ot in the "•^""'^f' ■•■tho dav'of "fxt (or instant us" the ra*e may he), or as soon after tl.a hour as may be, at the Court House at {or, as Chambers of the Judge. (s«/- monih, describuuj the same), le said A. B., Plaintiff in tins cause, will apply to {napuny the Court, and indi- eating whether the application s to f,e 7nade to such Court, or to a Judge thereof), for the appomtment ofafitand pro- 1 per pei-son to be Curator to i the property, real and per- sonal, of the said r. D Do fendant in this cause, who has made and filed in the ^^'^c^oftheProthonotaryof he said Court a statement under oath of the same, and also of his Creditors and their c aims, together with a de- claration that he is willin.^ to abandon his pn.pertv fo"r ho benefit of his CnMiitbr^-,- I the whole as by the said Code required. I .\nd all persons, creditors :Ofthe.saidC. 1)., are hereby "otified tlicn and there to attend to make to the said Court (or Judge, as the case »'ayf>c) such representation or statement in the premises as they may see " Given at" of ,18 fit to make, this day A. B., I'lainti/. y^o- 41. lu connection with article 770. Lower Canada District of... } In the superior court. ■So, (here state (he number of -the action.} A. B., Plaintiff, vs. C. D., Pefendant, and E. F., Curator of the property and effect of the said i->cfendant. Public notice is hereby given, m pursuance of the 21 244 CODE OF PnOCEDURK. rK*^^^"^'?"^ Of article 770 of the Co.k. of Civil Pfocedun. 0/ Lower Caiui.la, that on the ......... (luy of. instant («r la>t past as the case mm, 'll'relhe address and callhw ot J/jC/o^«/or,)uashyorWerof idescnbc here (he court or J^'cl',e in question), appointed tobe C.irutoi- to tlic property and effects, ofeverv kind real and personal, of U.c sai'd C. 1^., Defendant in this cause, abandoned In- the said CD or the iK-nefit of his creditors ;,^o^S"'^'^'"^^'^'^°J^ nr'?i!\V'" I'^;'"so"^^> creditors 01 debtors of the said C D are hereby notified and" re- quired to govern themselves in the premises accordinfriy Given day of... at. .18. this. ■n a sum exceeding forty of ?' *" ^'' ' '" ^'^ S""' That this deponent ig cred- 'bl\ informed, hath every reason to believe, and dotli verily and in his conscie ce believe, that the .said i' 'nimo.liately about to'Teave he i.roviuee of Canada). Y '<--> Imd to the belief (hat Uf defendant is about to lear. u L i'I''"'\"'' ^f Canada)' I ^^ hereby thesaid ^vith o.a the benefit of a warrant' of attachment against the body of the said .. uiav be deprived of romer v against the said...... ^'''a,?l this deponent hath signed. Sw-orn before me, .. this day of E. F., Curator. (Or AH., Plaintiff, or O.D., Defendant, as Mc case may ie?. No. 43. In connection with articles 812, 813. AFFIDAVIT FOR WARRANT qf ARREST. A. B. of t,„ u_,- personally indebted to;.7;.'..... ,' No. 43. In connection with articles 812, 813. WARRANT TO ARREST THR PERSON. «;;i; ^'\' F^fl'i'i'e, commis- s oner o the superior court m the district of To ;;•: -^"^^ to the keeper of the common eraol of file s.iid uiatnct, greeUng : I command you, that vou ^'^^*^ "Of in 'the APPENDIX, PART II. nee of Quebee, ^?"°;y ?; in the '"■.• ""'niiiii. with all due Uiligenoc, convov to the rommon -nol oi the said i district, and dcdiver to the keeper thereof, together with this waimrit : {ind J do here- ' hy comniaiul you. the said' Keener, to receive the said and imri safelv keei» for the Hpace of forty-eijrht Jiours. 245 and no longer, unless, before the expiration of that time, ii writ of caj>i(is itdreHfion hu- ^ ■/«w he duly served upon him to compel him to be an.l ai)- pcar personally in the sui.er- lor court for the said di-^trict on the day of the return of such writ, to answer of of a certain debt, in- terest and costs, amountino- to the sum of ° Given under my hand and seal, this day of '"^he-. yearofHerprel sent Majesty. Xo. 44. In connection with article 828. FORM OK BAIL-noXD. Know all men by these I presents, that we, Oiame here ' the defendant and hi.o ba'l \ ' are held and firmly bound to ' Kname here the sherifi]) BXiGvm of the district of......... in I LowerCauad.a,in thesumof! Estate here the amount stvorn ' to and endorsed on (he rorit mth Ueenl»,.the per centum added Jor interest and costs,) to be paid to the said sheriff or Ins certain attorney, e\ei nitors, administrators "or as- signs ; for which payment, to he well and hiithfullv m.ide, ^^e bind oursehes, and each ofiis by himself, for the whole and every pa-rt thereof, and tny heirs, executors, and ad- nmiistratorsof us, and e\"ry of us,firmly by tliL'se present.-, sealed \vith our seals, and 'ft^'J tiji.^ day of....... in ^''^ .year of the reign of our sovereign lady Victoria, 'v.the ^race of God, of the imed Kingdom of Great main and Ireland, Queen, Defender of the Faith, and "1 tlie year of our Lord one thousand eight hundred and Whereas the above bound- en (fiame here the defendant) iias been by the said sheriff j arrested under and by virtue lot a certain writ sued out of I tlie superior court in the dig. i*"^/ of ,at the instance of {name here the plaintiftA \ and to tlie said sheriff in liue course of law delivered ; The condition of this obli- gation is such that if the said {namv here the defendant) do, on {state here the return day of the lent,) or at any time I'.re- viousl3^ thereto, 'or witiiin cig.n duv.,- thereafter, give good and sufficient security to the satisfaction of the su- perior court in the said dis- trict or of any one of the judges ofthe said court, that 246 (!: J e, tho said („„„,, yj,^.^ . n'n,.ef ,„to the oustoTiv of the sai.l sheriff whoneveiMv- 'lu.red so to do l>v a„v on r of the said court, or "of n u .{";lge thereof, made «s ^ aw provided, or in ,lofa„ f lebt for „-]„•,.,, , . thV'' i Hith interest and costs; or f'nij^.l'ix'vionslv tlerefo 0^ ;mh,n eight daVstherafte' J'"f '.'V^P^'cial bail, as by la u proynled to ti.e action ^^'liS- m the said writ ha. been ned out as aforesaid, then thi. obligation shall be vo 1 a d and iff '"^""^'^'■^■^'->'' cd1if;?:!ieS^l.?;;"^^^'^-^- CODE OF PnoCEDPnE. Ih 3deponentfurther,.aith Sworn before me. at this ' ■ No. Tn connection with articles S42, 843. AFFIDAVIT TO OirrAIXWAHRAXT Of' ATTACJIAIE.NT. «.i to^.. ..:! °f f"«i*'- "'! ) in lUc Slim of . ('7-/^„. r It . c, -«.ij uunurs, to ■•-• , MI the Slim of. (//o,.^ *toe suecincthj the ca?)JZrr indebtedness.) ^'''' ^-^l No. 46. '"connection with article HAltiUNT OF ATTACHAlEXT. A B..osqnire, commissioner IdL£tT;r.-"^t-th: ^o greeting : . f command vou n+ fi 01 and beloiiginu to and the said.. vanie of,, custod.) for the period of TTA('n.ME\T. APPENniX. PAHT If. a a.-MM..„t issMin.; tV„n/tl ' , ^.Vc;^:;.; '^ V '^ ''.^-I-''^ "" '^"■'r """/ '»■) Ht j,t tin. . ^ '''''" "ninl-ovo (It's- «'"t oftlif tiaiU... "- 7^^' • '"' the '.n of j Aoticeistiieivforc^iven to FORM OK .voiwcK ,.v TME e,ul!7''""''"'^' '^^' ^'^ inunov^ -VKWsi.Ai.Eu,s. I eoui" '"^;M'I>ear belbre the sai.l ^'^^trict of. f n';',!.^^"''^'' P"l,lication of th"s ' present notice, to an-;\ver to I ""o "iHcn, tUe ronrt w li Knon- all men that A. B ieable'h 't.V? ^'?''' '"^'°ov- of he nansli of in the lit 1 Firsfin^^'',"'^ '^''^^'^""'^ sale. "led in the othce of the siine ( i , ^ nor court under No nKj ^'^''^^) H. P., or the sale of an immoveable ProthonoUm,. to wit: Alandcontainino- arpents m front, by ""i:: depth, HI the first range of tie seigniory Of. ,ir, tl. of. in tl 'le county of le parish ounued as foUows/to ^liich land AVit IS now occupied bv D V (7 occupied npo • V"/ '' ^^^ "ot been occupied fo years, and was last occupiedl^^NO^nd Il 248 CODE OF PROCEDURE. il Wi m No. 48. In connection with article 905. FORM OF WRIT FOR THK SALE OF TIIK IMMOVEABLE. To the Sheriff of the Dis- trict of VVhoreas the following no- tice hath been given in con- tormity witii article 903 of the Code of Civil Procedure of Lower Canada (recite the notice) ; and whereas judo-- ment was rendered on the....°, ^'*y of. ^ ordering the sale ot the immoveable des- cribed in the said notice, you are hereby enjoined to make i the ordinary announcements ' thereof and to sell the said ' immoveable in order to the i payment to the said A. B., of i the sum of and taxed costs, and voii'shaii make a return of "this Writ and of the oppositions which have then been placed in your hands on the H. P. of what \ title you are proprie- tor, and (jive the date of tho Acts or Deeds hy cirtue of which you are such iiroprie- tor.) ' ^ No. 50. In connection with article 950. No. 49. la connection with article 908. FORM OF APPEARAXCE. I, B. r. a^)pear to answer to the i-etition of A. B., as proprietor of the immoveable described in tli< aid petition, by virtue of {state by virtue Public notice is herebv given that there has l)een lod'- ged in the office of the protho- notary of the superior court. in the district of. , a {deed) made and executed before A. B. and colleague, notaries public, on the day of. between C. D. of....."., of the one part; and V.. F. of , of the other part : being a {sale) by the said C D. to the saidE.F., of {a lot or a parcel of land) situate, &c.. and possessed bv as pro- prietor, for the' three years now last past ; and all' per- sons who have or claim to liave any privilege or hypo- i thee under any title or by I any means whatsoever in or j npon the said {lot of land), ■ immediately previous to and at the time the same were i acquired by the said C . D. are hereby notified that appli- cation will be made to the said court on , the day o^ f*-"' a judgment of con- hrmation, and that unless their claims are such as the registrar is bound by the pro- visions of chapter thirty six ot the Consolidated Statutes Ai'l'hXDlX, PART II. 249 lou are proprie- the (late of the l.s hji virtue of ■e such proprie- 50. n with article iO. ice is iiereby ■e h.is l)een \od- e oftheprotho- suporior court. >f- , A(deed) :ecuted before iague, notaries (lay of. of. , of the K. F. of , art ; being a sail! C D. to of (a lot or a ) situate, &c.. by as pro- e three years and all' per- 5 or claim to ege or hypo- y title or by tsoever in or [lot of land), iviouo to and 3 same were e said C. D. ed that appli- made to the • •, the dav ■jnent of coii- that unless such as the d by the pro- er thirty six ted Statutes for Lower Canada, to include in jiis certilicate to be filed in this case under the said act, they are hereby recfuired to signify in writing their oppo- sitions, and file the same in the office of the said protho- iiotary eight days at least before the said dav, in default of which they will be for ever precluded from the right of so doing. No. 51. In connection with article 929. Lower Canada, ) „ . Distrctof.....}"^'^^"'^^- Public notice is hereby given that under and Vjy vir- tue of a judgment of the Superior Court sitting at , in the district of , on the day of. , one thousand eight hundred and , in a cause in which A. B. (des- cription at letwth) is defend- ant ordering the licitation of certain immoveables describ- ed as follows, to wit : (here insert the description of the propcrlji lo he sold) the pro- perty above described will be put up to auction and adjudg- ed to the last and highest bidder on the day of. next, sitting the court, in the court room of the court house in the said city (or town) of subject to the charges, causes and conditions con- tained in the list of charges, deposited in the office of the piolhonotary of the said court ; and any opposition to annul, to secure charges. or to withdraw, to be made to the said licitation must be filed on the oflice of the ]tro- thonotary of the said court fifteen days at least before the day fi.\ed as aforesaid for the sale and adjudicati^'i, and failing the parties to tile such oppositions within the delays hereby limited, they will be foreclosed from so doing. No. 53. In connection with article 1269. On the day of , in the year one thousand eight hundred and at. ...o'clock in the noon, before the undersigned public notaries for Lower Canada, residing in the district of. came and appeared A, residing of the one part, and B, resid- ing of the other part, who have appointed that is to say, the said A the person of..,. and the said B that of..... as experts for the purpose of proceeding to the inspection of the real estate belonging to described in the decla- ration made by the said.... by act before...., notary, (or one of the undersigned notaries) to ascertain the value there- of, (and if the sale is demand- ed on account of indivisibility) •t, fa 1 i: , 250 and whether CODE OP PROCEDUKE. , or not it can advaiitageoiislj be divided. Jn connection with article 1269. „<^» ^''^^ •Kv of. in tlie year one thousand eiffht liundr«dan.l at... o" clock I'/ tlJc noon, l.e^bre me, the undersigned notary publ lie for Lower Canada ."resid- >»gin the district came and appeared , who al- nrms tliat in contbrDiity with tiie dechi ration made bv act ^'«7, ■ "Otary bearino- ate he....... for the purpose of obtaining- authority to sell, tor the reasons therein set lortli, the real estate belonff- ingto therein designat- ed and described as follows, ^(^'^•^[■.{hen'dc.^crtbe the real estate) he did for the said inir- pose cause to be summoned before us to wit : in de- rault oi relations requir- lug tiB. they being present, to receive their advice as to the contents of the net of decla- raljon aforesai, i aid the par- ties above named having appeared, we have caused to De read the said act of decla- i-ation, the report of the experts made })etore no- tary, and his colleague, and iiave taken and received fmrr. them the necessary oath, and" such oath having been made, ttiey have all nnanimouslv oeclared that they are of opinion that..., (.SV.oM/J acre Oe a division of opivioiu men- tion the mmr, and reasons there/or. yive the No. 54. In connection with article 1270. 5', ,^"<1 I do make oa hand swear that I will faithfully proceed to the per- lormanceofwhat is re.niired of nie by the act of niy ap- I)ointm.eut executed before : notary, on the and that'l will make a true report of my opinion on the whole matter without favor or par- tiahty for any of the parties interested in the matter in question. So help me God. _ Sworn before me the under- signed notary. No. 53. In connection with article 1270. I On the. day of in the : year on<' thousand eight hun- if/'^dand at o'clock in : ^"^- noon, before me the ! undersigned public notary tor Lower Canada, residing m the uiBtnct of.. ...came and appeared tlie experts ap- ; pointed by the act above exe- ; cuted by the undersio-ned ; notaries, on who declare Al'l'KXniX, PAUT H. He the under- tliat having previously made oath as appears bv the certi- ficate lioreiiiito annexed, thev Iin)cee(hMi on the dav of '"• '•'*> inspection of'the real estate, appurtenances aiK dependencies mentioned and described in tlie declara- "<"i of received bv '!«f'i''y. the , and^ aVt'er ;iiie examination and obtain- iiiii- every information neces- :^ary for the purposes men- tioned in tlieir said act of appointment, thev value and e.'^timate the said" real estate ;vl/ flicre he several immo- veaules, thcfi should hv valued separatchi,) and further, {if tliv mle IS made on account of indivmbilil,,) they declare tliatitcannotadvantaji-con Iv be divided. ' " The said experts further de- clare that they are not relat- 'M to the parties interested mi the matter in question, nor to their legal representatives. Wiiereof act in oricrinal torm IS delivered at 251 N'o. .10. h\ connection v,ith art'^>'e 1272. Lower Can;i District of :;:.} To the honorable the -ndf-e (•"•judges) of the superior court, at kc, kc. A. {addition an I place „t re idence) huniblv rr TU'esent^ that he has caused the rela- tions and friends of. to be coiLSultedby lotarv.at "" the day of. ai'id has eauspd to be fulfilled all pio- ceedings by law required to !'e had in ordeo to and submitted for your approval. And he therefore pravs that your honors will take these pi-oceedings into considera- tion and homologate them, It they ought to be so homo- logated, and you will do jus- tice. •' . -Jt-.....the one thoi sand eight hundred f ' ! N( Aba? AltA> I I J I S r s E P E F F F Abani (^ Absco Ri A AliSEN Of Absen' M INDEX. NoTE.-The figures refer to the number of the article. A Ahandoned lands -^'^t- . 9lla et xea. ABANDONMENT OK PROPERTY. Z:^7ffeclT..'^^^^^^^^^ 637 S tatemen t to be filed by debtor VV i I^"^ Notice of filing of statement..?. ^^'^ '^ '■ Appointment of curator -,£, . Such appointment must be advenised;:::;.:;;. '77^ iJuties ot curator '^" Sale of moveables and immoveablesihow effected' 779 Delay and grounds for contesting statement ill Penaty incurred by debtor if he fei tHnpear" m iittect of abandonment . »l>l'i-Hr... Hb Form of demand upon debtor for statement Vn S Form of not ce for appointmeat of cumto to \^n' In Form of notice of appointment of curatoi- No" 4? Abandonment of Suit by plaintiff in jury trials 395 (V. discontinuance, ]Pithdraw(d,\fc.) Absconding Dehtor. Right of creditor to arrest h^^ „ Attachment of effects ot-(V. Ca^^a^and'll^acA: ^'^~' . ' ^ 834 Absence. Of defendant must be established ,30 Absentee. Appointing tutor or curator to ^..gg # 264 INDEX. i r ■!i AnsENT Defenhaxt. •^"''"• How siniuiioiiod Ifin ITppor Cana«'.;;,. ...'..."." ^'■ Services on-who has left Lonei" Canadf'r.iinc'- *'^ eonimencomeiu of suit Judgment by default cannot li^-'VenaerHbv'iT.V- ' tliom.Uiy against—, ifsumnioni'd :n ^^i6i. ■ -. Recu.^atiou of judge in case of ' , ; " Artioulatiid facts how served upon- .,U' Kvecutiou of judgments against— '. V^o ",":' ftervio: (;f simple attachment - .^k ,-,' AbSEXT 1M.A1.STIFK Seivice of piMceedings PoAvor of attorney from—. .« ■cunty for costs. 120 §: 128-: 18,; 4G5- Xo. 2 Xo.3 No 8j)e6ial power tVom-Veq\Vired'to'V-ecus:'h feervice of articulated facts upon— ...;.. . " Akse.nt JuixiE (V. .fiidr/e.) Acceptance. Form of noting for non Form of protest for non !!.!!..'."!....*.'.'. Account. Judge may order reference to accountants in matters oi .-,, Judgment ordering— &c ".".".".*.'.",'.'.'.'.'.'.'.".".'.'.".'.'.', 521 ,!^'\ Accountants and Practitioneus, .'". Accounting Accounts. Judgment by default on detailed— Acte Sous seing imve, used as exhibit....!!"."."... Action at law. 21 i't X. . 521 91 lOi) 1-' Must be brought in proper court W]fn°,n *° '/''"^ T'^ '^''^''^ '^" interest" therein!"!!! r; V\ ho may be parties to , , ,, When several causes of action may be"jo"ine' '5 Defendant must be summoned .lomt , .. Court cann Omission ■ i — , No partic ■. : form ot adjudicate beyond conclusio! Against p Parties .c office necessary, otice requirec may appear in person or by atl 16 17 18 20 22 23 Art. 6:; (;o h.^ ?rc'! by iJi'o- d -1:^ sticli... .■■ 1^:: •)>■; 552 -iiii Cl5-s:,: 3:'i20§: 11'8-: !Ci)'.f ' judo-e Ij- ; 22.; 4G5-> Xo. 2 No,:; intants in 321 521 rf ,. 321 t'f s. 52! 91 100 1^ herein l;; lt,l:i Dine. . ,. 15 16 sic - 17 ..,-.. ..... 18 20 22 V-'i> ;-...... ■ 23 INDEX. 255 In/ornin pmiperix Am. Personal, where hronpht 31-2-.3 For sei»imtion from he.i and'"!;;,;;;,'!";";;"!;' j.;! ^t- .igainst public officer, where '.. ' ./'' alien real or mixed, where s'f "s I? n maH:!''"^ ''''"'' '^^ '^'"^■''^"^ distrieVsrwh;';' "^' -^ 111 matters of succession, where on In warranty and continuance ofsuit;""wiie're 1 I sole judge of rustrict cannot sit, where t Must be commenced by summons. . '\l Cause o -must be stated t^ Ifbrought before condition fulfilled::'. lo? in .simimarv matters ^"^^ (V. Summons, Jurisdiction; Conlinumce}) ^^"^ Actions Possessoihes Acts op Pauliament. ^'^^~^ Abbreviated reference to Adjouunmext ^^ When may be made be" prothonotarv" .^l Adjudication. " *'^ Of moveables sold in execution ... mo Ofimmoveables sold in execution... f <384-5 At Licitatton (V. Licitation) „... Administration of Justice. Divisions of province for Othcers for the- in new districts":. v?:'? Admission '^' Xoted by judge! 'ni'ake'p\'oX.'.'.'.'.". IV: In non-appealable cases ^^^ Advehse Title. ^^^^ When pleaded Advertisement. ^^^^ Of sale of moveables... . ?^0l\ll i>''^->'-^'? f^-^^^'o^ reai pV-ope;;;:;- ^ 'e\1 Of sale by licitation ...:..! ^•^'-■''"'^''") W8-9.C50 ADVisEMENT.-Cc/e^^Jere). 020,930-1 266 INDEX. iiiil Discharge from-in queen's bench 'tri Advocatks AND Attorneys. To elect domicile oc mi.^ ,. Ditto in circuit couVi.;::.". fi5.1059-ip Power of attorney fn.m absent piaintiff.".'.'." 'loo f - Disavowal of (V. Disavowal).... ^"^ I' Death, inability to act, or withdrawal of-.: It It desirous to_ cease representing a party, mu t " give notice : ^^ ^ P^^ty, Change of-cannot be niad"e wit'hout I'ees and disbursements befon 201 eave. ovoK'Prl (V ni ~'~ ^ ^ powers can be evoked (V. Chaufje of attornei/n) Death of..::.:... -....['"r • "'"'"'^ 205 Distraction of costs to".',*.' : ff Betore commissioner's court .'.■.'.■.'.".".'.' i.^nt " Clerk of such court cannot act as..".;::::: i ^"^ l^rofessional secrecv "^ P Mav act in requHe civile, without new })owers" Affidavits. Who may receive Must accompany oppos'i't'i'oiis 508 Who may receive tor use in circuit' court" io obtain writ of capias Voo rm thereof. "1°» 30 511 1060 Form thereof.;:.:.".;.:?;"" '^^^'^'^' To accomi)any oppositlo'as.':.'.'.'.".".:'.". ^^'pJ'^r-? Form thereof ^"■;' ^'-^^ With inscription for 'judg'meu't,' by'defaul't '^'^' o? Required with denial of signatures to iXs ^ ?- Contestation of allegations^of-ln matters of ca ''' -n\ matters of attachment. Has 821 834-5 855 , 86G .No. 4j Allegations of Form thereof.. For habeas corpus ad subjiciendum.:.:::::. " Yol^' Ofjuror as to motives of verdict SS -lo obtain mandamus ,.7-^ ^ ith petition for relief from default "j'udgra^ut':" 486 Alias writ. Of execution Allowance. To Jurors (V. Jurors) To imprisoned debtors:::::::;;::.'; ;qa ft'. Amendment. -90-1-3-5 Of writ of summons, or declaration 53^ n7 INDEX. Am. 1171 85-1059-11:^0 V 2iy> iff 120 § 7 l'>.> of— ty, must.. eavo 'rs can be 200 201 powers... 205 408 482 120.3-4 1205 275 508 .30 511 •t 1060 798, 807 No. 41' 583. 651 -^0. .33 ult 91 'tes 145 ! of capias 821 It f 834-5 1 855, 866 No 45 1041 428 1203 graeut... 486 579 .... 416-7 790-1-3-5 .53,117 257 Of return of service.. Art. Of 'nfn! r^""'"'*'' altered ■pieading.; ut pleading... ° A.MMAL.S. J. P'S A.VSH-EU.S. To .80, 159 142 320 may try suits for damages caused byr..... 121G To i!l,'v"V"'?r ^'^'^'' "^'^^y fo'- filing ins j^o pleas t(j tlie merits .... ^"^ Ji^^o'itestation of account. 1.38 Appeal. 1135-6-8 From referees' decision lo court of queen's behch ." ■-'io ^fP- ■■; 1142 et sen, ""^ 11/7 Jurisdictions of the court i^elay tor instituting.... Writ of appeal.... 1118 Delay for roturnino- 1121 Seivice 1122 Security necessaiT 1^123 Security, how received il-^ iransmission of record ^-^ Appearance 1126 Delay for excpnt;nno"n»Vr.i"r;.'.:i"::'; 1128 Red C Foreclb Delay for answer I'ljfurance ^^^o elay for exceptVons\and demurrers H"^ eduction of excessive secudtv * ?0 SiSIS?^^:^!!^f:'^::pp-i-----"-"--"-=.::::::::::: U32 elay for answon'nr^ ,.J^"„''"" 1133 ing reasons ^purt may prolong delays }]^^ Election of domicUe ly^mnios ^^ Factum,s in (V.factunisC ]]^^. Inscription for hearing ^^"^^ In Quorum in appeal" * H^^I Recusation ofjudo-es ^^G DSs:s;s^r'°*^^^''"^^^^^^^--^i"i-: n66 Perempt.on of suits a:^<\'^i^\:if^;[ fjt' What judgments musi . ntain ,M^^ Taxation of costs 11'4 Execution of judgments'.::;::::: j}3? matters of capias 822-3 358 INDEX. On an opposition to a .narri-ifre ^■^"'^- Sofiiritv . Sum ■ loiti fell Hi ciency of surety 1142-4 if'tition to appeal. H-l.', I-iling of factum n/hdhcann- ^^-"^"^^ Jo the circuit /./>!/,./. T7-". •. 1!.">2 convlT' ''^"'•^ •• - From conunissionue rs ^0 the Privy Co'unc}uy'''p:'''''y; :•• hX,: AppKAi,-HoNn I0G9//,v. Insuffifioiuv of APpSr^:;;;/"''^"'^^^^'«"'"l>P-^tepariy Hon- a,id when filed for d. reudant....'Z* "*'.' In non appealable cases in summary cases ^" aPI't^fil !r.'..'.""'i 1^8 In cases of certiorari ^ Appellant (V. Appeal, &c.). ARHITIiATIO.V (^^ ^i/-i// /fom, si;}missio AniJITRATOKS In Aicard). 1124-5 11 4M 2:i ' •;;< lUf59 lOfc; 802 ll.'O 203 l2;n 1124 i;;4i Lases before conmiissioners' court Arhav. Cliallengingthe {V.Juri/ Trial-Ckallengc\. Arrkars. Of (-e/js e/ rentes. Sherif Collocation of claims f Arrkst. Of alwonding debtor..., vyiien and Avhero 321 ci .s P sa (Y ,-i. • " 'y^'^^ cannot be made.... Ves U- Vapias, Imprisonment) '^^ vii'-m? of J Hdffmefit—Effectot' 1207 .11 ( 719 7,34 707 moving in 422 ; uu<, 10 certiorari \x\A lo;»' •• 1142-4 1145 IMs-o ■;•••: \\:,'i •••• lO.->7 '») 11T8-1182 10G!)-/.v. 1124-5 IISO y 1148 2.11 / M ( ■-■'-:) f luijg 1 ]o;t:; S'si \ 11:^8, ur.o '■ I 2G3 12::l 1124 1341 321 f^v to^vnship f'lT 1207 ;m"7 719 734 785 €t s. 422 I'^HEX. I^elay for movintr in •Notice of motion ... UlR-n (l,.fen.|animavnVovein ■■ Eftcrti/grante.l ' "^ '" O . .luru Trial). ( Arri.t .simi.,,e (V. Attach 29 Art. 424 42.") 4;;i 432 mcju) ARTICC^.TEO KACTS ( / W., , . J,,;;;;;. ,«34-8;i4 V> interrogatories upon) ""' ''^^'S' •AllTUCLATlo.V OF FACTS. ^Viiat, and when to be filed ASSAL'LT /iXi) ItATTKliV .... '"''*^ ''^ *^y 1189 ( ll.)7 I 1142 / 119U easons of Appeal) I'jg^lg f 352-3-4 i 414-5 ( 426 § 1 799, 834 ASSESS.MK.VT.S ASSm.VMP.VT OK KUUOR (V. A' ASSIUXM. OFFACT.SKOBJC'UV V.SSK;.N.me\T PUOl.ERTV (,\ •Jur,/ /'rial). ASSU.MPSIT. Judgment hy detaalt... Attachment nEFOHEjr..,;.vE.NT." ^^"^ ^t"»ple attachment (Arret simJe\""i ." ^' *"''" effected.... " *""^'^'^)'— I'Mvliat cases Fornnliq,udalod'dam\ageg;;;;; ^34 Affidavit necessary.... 8,35 iUuy i.f cletendant be absent or" ■:;::; V::-,- fo lant may obtain resto rty-eiofht hours I'iit.on within 850 4(U 852 Contestation of Formalities previous to ?ale... ^ ^^4 { 853 819 22 576 260 INDEX. I ii il i i Art. Execution on cMV-cts seized of an absentee..., 552 Of moveables of community by wife 987-8 Commissioners' court may jrraiit ll'ji Attachment h;i f/arnixliment ; when allowed 855 .May issue during long vocation 1 In hands of treasurer of tiie province 615 ilow effected 85ii Declaiation of jrarnisliee 819, 861-5 Commissioners' court may issue 1191 {For iillachment tnj fiarnishment after juJfpnent V. f.xeculion Attachment in revendication ',— aflidavit required. 8GG Tenor of writ 867 May issui- during long vocation l Inventory 870 Things of a perishable nature 872 Applicable to circuit courts 105!> Commissioners' court 1192 By wife 987-8 Attachment for rent 873 How seizure is effected 874 Commissioners' court may issue 1192 Rescission of lease " 888 AtTOUNEY-GK.N'EUAL. Duty of— as to corporations illegally formed, &c... 997 Constitutionality of act '. 20a Attorneys (V. Advocates), Authentic act. Judgment by default on 90-92 When original has been lost ..1252-3 Authentication of iikgisters 123G Award of arbitrators. How homologation of— may be opposed 347 In case of submission^ time for making 1344 Agreement 1351 (V. Arbitrators, Submission). B Bail. Discharge upon — in matters of capias 824-833 In cases of habeas corpus (V. habeas corpus) 1046 In matters of appeal 1124 (V. Security, Appeal). INDKX. 261 lUiL-noxD. 'A*"'« Assignment of— bv sheriff. oqa Form of No. 44....', ^^" Bailikk. When incompetent ,. A3 a witness f 262 Costs r 401 ^ . 1 10G8 Seizures ftt a distance j 555 Execution of capias by ^ a?^ Metore commissioners' court .'.".■.■ .^nt nrits addressed to ."."'.".'.".."..'.'.".;"". 129 Bank notks and .shares... . -"- Ba.nueck. ^^^ Of Quebec and Three Rivers lORa Baptismis. °^ Registration of ,.„^ „ IJofa Bauhister (V. Advocate). Bed and board. Separation from (V. separation) 935 Beneficiary heir. Duties of. (V. Inventor^/). ^^21-6 Benefit of inventory (V. Inventory) 1391 fi Bidder. "^' ^"^-^"^ At sheriff's sale ' ^^, Deposit by.... "J* Liability of false-..;;;;;;;;;;;;;;;;;: aaVl {Y. Execution, ^-c). QQ3-5 Bidding AND sale. Of immoveables ^ck . (V. Execution). QQ^ets. Contents of written bids aaa In cases oflicitation ^°° In cases of confirmation of title 'l^^l^lZ.l.l'JZ.m^(^ Bill of exceptions {"^ ' Jury trial). 262 I.N'DEX, Tj Art. Bills of exchange. Jwdjrnient hy default on 89, 02 Iiiitiiils, sufficient in suits on ' ^j) Aflliilavil required if sio-nature be denied bv plea. 145 Are liable to seizure '. Si;,- Form for notino- for non-acceptance No. j Forms in conn:>etion witli protesting for non-ac- ceptance and non-payment of Nos.^-l 1 Summary procedure in cases suits on 887 (V. Fromissori/ Xotes). Births. Registration of (V. Rerjistration) 1236-41 Bond. In appeal ' 1124-:» Insuiliciencv of 1130 (V. Securitif). BOUNDAUY. Actions of .041-945 Builder's Piuvileoe 73,-; Cancellation. Of letters patent 1034 et s. Capias ad kespondendum. In urgent cases, issue without stamps 4(j7-/ Absent defendant 730 May issue at any stage of suit 70i; D amages ". 7C)(; How obtained 797-9, 800 Against insolvent trader 799 For deteriorating hypothecated property 800 Fnliquidated damages 801 When declaration may be served 804 Persons against whom— cannot issue 805 Foreign debt 80G By commissioner 812 Abandonment of ))ropertv 7(33 Execution of Writ : by bailiff. .'...'. 81(J By sheriff 817 May be effected at any hour , ,......, ").") Cciitcstatio7i of Capias :-Discharge on petition 819 Defendant may aj)peal 822 Appeal b} plaintiff 823 Discharge upon />'(«7 :— How obtained 824-J Suretiei: ;:.!y arrest defendant 831 Art. 89, ;:»2 4'J erl by plea. 145 oCjo No. 2 for non-ac- Nos.3-11 887 1236-41 1124-r. 1130 041-945 735 1034 et s. 4(j7'7 780 79t; 790 797-9, 80n 799 y 800 801 804 805 80G 812 763 BIG 817 etition 819 , 822 823 824-5 831 INDEX. 263 c Cai'taix.s of Smp.s. "^' Service on ,,,, ■ Ob Cau-ses of Action. Maybe joined ,. Must be stated in writ or declaration.'.".".*.'.' r,Q (V . Particulars, Declaration, ,\c ). Cedule. Judgment by default on ,90 wr* Affidavit '■ ,,^ 145 Certificate. Of filing of opposition to judgment aaq Of toreclosure " 237 Certificate of Hvpothech. Return of 697-8 What it must contain vno i •) Form of 'i^^;^ Amendment of .".".'.'.'.'.".'.".'!.'!'. 739 How extinction of claims meationc"d"iii— nVav be Pfov.'d ' ^42 Fded with application for confirmation of title 955 0FRTIOa-\RI. iUv'sion of a judgment by-,when obtainable... 12''0-1 Mouon to obtain ._ j.).,., Exigency and formalties of writ..',"......!!. l->"6-7 Judgments upon .'..,..!!'!!!!! "l23'' Judgments on— not subject t"o "appeal'!!!!.'.' "I'i'is, 1234 Procedure in other cases of i235 0. C. has concurrent jurfsdiction with' s!'c!'i'ri certain cases 2056 Cession de hiexs. (V. Abandonment of property) 763-780 Challenge of .jurors. (V. Jury tri'tls Jurors S,-c.). Change of attorneys. Withdrawal of attorney 200-206 May take place in api)(,'al .'!!!..!!!!!.'.'.? 1166 Changes. In deposition 294 264 INDEX. h' i i) u Charoh, Art. Judge's-tojury..... ^^^ Chahgks. Opposition to secure ^r,, (V. Op/iosition execution). Opposition to-on immoveables cco Chef-Liecx (V- Chief-Place). Cheque. Jiidgment by default on oq 090 Affidavit °^' ^"^"^ Summary procedureon!........ It- ,i • 00 ( UHICOITIMI, Exceptional provisions i 07 Appeals from Yir Chief-place ,^.. I 135o-C Churches. Building or repairing • fl053 § 2 Jurisdiction of commissioners' court. tirn Fabriquesand vestries of !1." *.'.*.'.'!.".".'.'! 65 Circuit court. Jurisdiction of. f 1053-4 Evocation to ." ^ fO?'^' ]'}' Certiorari to :.; ^^^^^ }}^!f Appellate jurisdiction '■ {n^i What suits mav be evoked from fnto Pleading Vif Terms in city of Montrea]'..'."."."".".'."."'."' jo^ Commissioners, &c., for reeeiving affidavits Ordinary procedure in 1065 rf ,pn Non-appealable cases in (V. non-appealable) 1093 Jurisdiction m suits between lessors and lessees 1105 Has junsdictiou in all suits for illegal detention of township lands ■,^(.^ Appeals for judgments of. .'.'.*.'.'.".'.".".'.".".!'..'.'."" \w Civil STATUS. *" Registers of ,00^ ^ {Y Registration). Um et seq. CliERK OF THE CIRCUIT COURT. P^^^'-^o^ 1059 Art, 405 Q5'J UGO 89, 92-3 14r) 887 1,27 1117 1355-G n053 § 2 1 1142 1170 65 f 1053-4 '■■ 1 1083, 1017 1055, 1U)8 105G 1057 1058 1050 1059 its 1065 t'^se^. ble) 1093 lessees. 1105 Jtention 1107 1142 ....1236 et seq. INDEX. 265 Liability of. ^f*'''- May issue ('(^V^{is^^~Z..'^^'''"Z'"'.Z'. qIa!} Clerk OF co.\fMi.s,sio.vKRs' conn'.. i"o«r ir Coercive impri.soxmext ■;;;! (V. ImprisonmenL CajHarS^c^ ^^^ ''''^• Collocation-. Order of-of judicial costs .-n^ Of crown In- preference ::;:::; (...J'f, Of owner. &c OO^-U Of certain privileged daims'.".'. ■.■■.".■.■. ^'^Ifr, Of the moneys levied upon imraoveabies;".::.':724 ef la iy- -Execution and Collocation). '--^ er .seq. COMMEXCEMEXT OF PROOF IN WRITIXC .,-, Commercial PAPERS f^ 505 LOMMERCIAL MATTERS. Summary procedure gg^ COMMISSAIRE ENQCETEt-RCV. P,.oo/). Commissioners' court Order and enforcing of judgnients','&c".'.'..".".".'.'." ngi Recusation ot commissioners where decided.. ".'.■nSo-G-? Jurisdiction f 1188-9 Attachments, &c "Z \L H^?, During long vacation "[''''''''1^.7 ^ Commissioners. In foreign land How chosen (V. Co7n7nissiom/Ky'.'.'.'.'. .no How appointed ^ ^ -^\ Depositions by consent .".".".7.*.'.'.' 94.0 41 Like power in circuit court ." 'inan ^^arrants ;' ''^o" For affixing seals..."..'.".;;;;;;:; Vo«ni'^^ Commissions. Witnesses Application for .".".■;;.'.;;■.■.'.'.■.■;.■.■.■.■.■.■ -^ns q?9 Return of ^08-312 In jury trial ■■•■•■7..y....'.'.7'.[77ll''''.'. "^ 399 Communication. ^^otaries (V. (Inspection 0/ Documents). . V. ' II 266 INDEX. Art. 9 Til Gl-2 tJ4 151 COMMLMTV. Separation . AttUclnilODt yg- ,, ^"^•^•"UHy ■.;■■"":;::::::::::::::;::::: ijo4 toMi'Axv. (V. Corporation). Service upon Foreign Seizures of shares ..■■■■■.■.;■.;■.'.■."■;:;:■:;::.:::;;;:;:;:; 5,3^,^3 0Oill'KXS.\Tli».\. Incidental cross demand Complaint. On usMrpatiou of office lOlGt/w^ CoMPiiOMiSE (V. Submission, Arbitration). CoMPrLSOTUKS (V. Inspection of Documents) 1245 CoMi'L-L.souv E.\|.;cuTio.\ (V. Execution). CoMPULSoiiY PARTITION (V. Partition) 919 Co.MPfTATION 0I-- TIME. How reckoned CoNCLL",SIOXS Conditions. Of sheriff'? sale CoNFKSSIOX OF JUDGMENT. How made, &c ^^^^ In appealable cases circuit court lono In non-appealables cases 1095-^0 In commissioners' court "."..'.".".'.'.".'.".'.. 120r CONFIDENTIAI, REVKI. ATION.S . Professional Confirmation of title. {Discharfjefrom hypothecs) who may obtain 940 Iitle deed to be lodged ' oka Property in different districts .";;;.',' 9^, lormalities and publication 950-1-' Ot immoveables bv fiction of law (xk'k Application for ".'.".".".",'.'.' Registrnr's oertificaie 24 17 675 M'o pposition.^ Opposition dispensed with. B Hiaing 954 957 958 Duty of upjdicant .919-962 .. 963 : DV;* ysT 1304 61-2 _ 04 5(35-6 151 1016 6/ .ver^. 1245 919 24 li 675 94-98 10G9 1095-99 1206 275 lin 949 950 950 950-1-2 953 954 955-G 957 958 959-962 963 INDEX. j^.37 Bv exnerts „ Art. judgrLo.u.:::;:-:;:::::;;:::;;::: ^^^-^ Distributioii of price .' ofto Registration of jiulgmeut .".'!."!;!".""""..".""".."." 970 ''•^ 1129 C0N(JB UE l' ASSIGNATION r,,, CONSEIL I)K KAMILLE. (V. Family Council) 1256-61 CONSOHTS. Separations between (V. % ration) 070 As witnesses ' ilf^ Surviving ^^" Custody of effects '."/.V.V.'.".".".'.*, .";.''.;; ■■■".'.'..'!.'."."." 1313 Constitutionality. Of act of parliament 20a Contempt of cocut \ ^ o Habeas corpus j^^. Contestation. Of Demand (y. Pleas, Exception, A-c.,) Of report of distribution (V. Execution kCollo- ^^ <^^(^on) lA2etsea Of statement ofabandonmeiit ofpropertii (V Aban- donment) * 77q / Of tcrit of capias (V. Capias)ZZZZZ^Z...m-m Contestation AN!) PLKAoiNG. In the circuit court lANn (y . Pleading). ^^^^ Continpance of suits. Change of civil status 4-^4 4qs How affected S If not contested, &c ". ..« o Venue In ,, ^'^ "pi^^^^ •■•••^:::::::::::::::::.:::::::.":::::;:;:; U66 bONTHADlCTORY. Pleas CoNTRAiNTE PAR coKPs (V. Imprisonim^^ZZ.'.'.l^ni-im Copy. 9 Incorrect .,.. Of acts of civil status.V.'.'.'.'.'.V.'.'.".'".". I 'V-iV w ii Of authentic act :":;;.v....;:::.\';:;;:...l i252-3 23 illii 268 INDEX. Serves for sheriff. Must keep register ......'.'.'.",'.".."','.";; pp OoiU'OUATE OFFICES Usurpation of (V. Usurpation) 1016-10') CORPOKATION. Foreign , ^, Plead in corporate name...... !.'.'.'.".'. ' "'d Description of writ '' Service of summons on Vo^. ro , Articulated facts '■•'^' ,'} Decisory oath jit Mandamus (V. MandamiiiijZ'/.'.ZZ ino^ Declaration as garnishees ^n Corporations illegally formed or vio/aiiiwiheiracil ' of incorporation , qqt iok During long vacation y^-iOLj Municipal Corporations inoo Appeal 0J2 Costs. ^"^^ Dilatory exception .^^ Security for... ft^ Court may award....'!.'.','.,'.*.".'."',' \f. Articulation of facts ' oi? Verdict 214 On peremption .".' 2a(\ On service '. j:\ loosing party '..!'..'.".'.','.' f-i Suits of damages V-l Interest on ,Vj^ Taxation of ZZ'ZZZ''. aA Of witnesses '. ,oV\ To attorneys z::;::::::::::::::;::::;: 'V^ Of experts, accountants, &c " lA Of execution ^^7 fv.^^Ltrr"'" •■•■■••■•■■•■■•■••••:::■'••;.■:.■.■.•.■ S On oppositions "".".'. ' kIJJ lit jTppeal..... "'" ..;^ Security for, in appeal from"c.*"c .".'.',',' .■'.' uA For advertising sale ^70 Suits for partition gjg 4C,C, VUA 1016-1021 • 14,224 1!> 49 42c, 63-4 - 224 446 1023 617 ' How appointed '. ."". 1204 Must give sernrity, duties, kc y.'^'.. '.".'.".'.....'.' 1009 All. Curators— ()-dW\ taken bv i2(j(i riead in their own names...'. ','."". "lii Coercive nnprisonment '."."..'..!!.'.'....* 783 CuBATOKSHiPS (V. Curators). D Damages, Trial by jury 3^3 Judgments for 4-] Costs ......".'.'.".'.'.."."!.'.'.".' i478 Capias on claim for '" " 801 Simple attacliment on claim for.....,..."!!!,....'..... 835 For illegal detention of township lands!!."!."."!.' 1108 Nuts for— before justice of peace 12IG vVitness failing to appear 349 Action of— against public functionarv. ..!!.! (V. Public Ojfieer). ' Deaf-mutes. As witnesses ori Death. Of attorney r,QQ Of parties or attorneys !..!!.!!!!!!""!' 434 468 Of parties in appeal '."." 1154-5 Registers of (V. Eet/isters) 1236-8 Debentures. .Liable to seizure 5^5 Decisoky oath. When tendered {4.^ Offered by attorney .'.'..!!....'..',.. 444 How it is oftered !!!!!!.!!!!!!!! 444 Service of ru.lo for , ! !! ", 4-- Default or refusal to answer ...!.....!!!!..!!!!!!! 446 How a corporation answers !!!!!!!!!! 446 Reference back !.!!!.!! 447 In another district .'!!!!.....'!.!!!!"! 141 Akt. 132'; 534-5 Tutor..) 1255 100-< 12(14 1009 12(;t; ]!• 783 ... 348 ... 47] 478 ... 801 .. 835 .. 1108 .. 121G .. 340 ,. 261 .. 200 434,468 1154-5 1236-8 565 . 443 444 444 44." 446 . 446 447 241 INDEX. 27i DfcLAiiATiox. Art. Cause of'actioii Description of. ' 50 May be aiiieiided..!.!!. ^2 Omissions 53,117 Conclusions ..'.*.*...'*.'. 18,141) Informalities in............ 1'^ It' copy be incorrect ^^^ Waiver of infurnialitii.'s ^^^ Demurrer 119 In capias .....'.*.*. ^^" By corporation 617-18 ^.aur;;u^?::j;';i;r''™^''' ^i;-' ju^i^i^n til Contestation 619 Contestation.'.".".','.".".'.." 626-7 (V. Garnishee). 862 ei .vey. Dkclinatory kxckptions (V. Exceptions) GBcnET(V.Sherif's sales). Deed. Of bargain and sale, forms of Vn iq By way of mortgage before witnesses .".".■.":""•• Vo" il Ot gift (onerous) inter vivos v ' , , Depal-lt. '^^- ^^ Against defendant ,^„„ ,,„ Effectof etc 1069,1099 />^«o in non.:a'ppe'aiabie"'cases.".".".".";;;.'.;V:: VAao ?f:^ lo return writ -iwy^, liiO To/aits et articles...'.'. ^2 Evidence " 225 Against absentee.'.'.'.".'.".".'.'.!". ^^^' ^40 In summary matters ^52 (y.Jud(/ment hy default). ^^'^ At jury trial Defendant- Where summoned... „ ■ Where in suits for separation'" !.'.'!.' ^^- i>escription of. "^^ Service on (V. &mc'o"".".".".",V.".".".".'. «« |? Absent (J. Absent). 56-72 • (V. Appeareance, Confession, .J^c). K 272 INDEX. lii I ili ' <■ Defense av fonds en droit (V. Demurrer). DELAlssE^fENT(V. Surrender) Delays. How reckoned On suTomons in s. c. etc AUT. 534-7 In non-contentious proceoditigs... i-jo- On preliminary pleas ""iot'- To call in warrantors [ On pleas when security has to "be'g i'ven .' I'xi On pleas to the merits 128 123 On answering ,oo « May be extended ■■.■'.'.'. u'l To answeramended pleas .".". ft. Articulation of facts ..!;'. Inscription for hearing "' tf-i In long vacation 'j^o Before execution.. ■....y.^../...... rgf B^lme execution against abseiiteVs'.'.'.".".".',!; if^> 1 c- COTifest report of distribution 740 lo contest declaration of garnishee e-'fi siu Irt i>.anmary matters f.... ■•" ' ^^ On uiairaons in c. c i^fifi On pi-jadings in c. c |^7ft Proceedings in appeal |V , To file reasons of appeal jfoo To answer reasons of appeal ..". iiqr For making inventory ■'. j^J {For other delays see headings to whicUhey relate). " Hi-hmt^ki^ . Admsement). Demand. Particulars in declaration. Supplementary — . 50 18 Of Plea i {41 When— may be made jo- in non-appealable case? ,'.".* inoo Of payment ^"^;.' Of reasons of appeal jjo. Of answers to reasons of appeal "...V.".'."."', \\'\^ (V . Declaration, Incidental heinand). Demurrer. In what cases pleaded 147 To writ of appeal "".".".'.*.".".'.'.'.".*.*.'.'.",".".".'." 1130 AUT. 534-7 24 75 1337 ... 107 't feq., 128 •• 123 2n 121^ 137 138-^ 141 142 t 20y 462 463 551 552 742 626, 864 891 1066 1070 1118 1133 1135 120 '-hey relate). 50 J 18 1 141 138 137 1099 560 1133 1135 147 1130 INDEX. 273 Denial. -^bt. or certain signatures j^5 Deposit. With preliminary plas For stenograi)hers foes ."\V////.\\\\V///\';20a "V-oi For experts, arbitrators, &c ' ' ... General nrovinciai office for... tjt From bidder at shoritrs' sak-... '.'.;... ■;;;;;.■;:■;. cfgLo mi On ins. rib.ng jndKment for review ' Jo? Jitli motion for jury trial o;^r Of authentic copy .■•l252-3-4^5 Deposition.s. By con.=!ent .,.^ „„, Witness is sworn ::.. '^^^ fJt How taken .f.^ Taken at length .■;.■■."; ^r^Zl What-mnst contain oltl Questions to be written oq^ Objections 'ITf ConclusioRs of. \ ^^, (V. Evidence. Proof, Witney's). ^'^ Dehnibk equipeur. Attachment before judgment 834 Description. In writ or declaration 52 Desistement. (V. Discontinuance) 450-2 Detention. Suits in cases of illegal— of lands 1107 Differences. In text of code J3gj Dilatory exceptions (V. Exceptiom) .."120 et sea Disavowal. ^' Grounds for ,. Wheu-may take place .'.'."""..".".'.'.' iqo How made .^^^"l Proceeding upon ■.;■.■."."."" iqfi_? I Effect of...... .v.. ..;.......;V.V.\ZV. '.".■■■. 199 Discharge. Form of certificate of. 21-3 ^, o^. \%. IMAGE EVALUATION TEST TARGET (MT-S) # /q €// /. f/. f/- 1.0 2.5 2.2 I.I ?.'- ilg |l'25 111.4 1.6 Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 873-4503 ^'.^ J4!S ^}^\^ 4^ ' 274 INDEX, u Of'ganiisliec ^^«T- Of ilebtor imprisoned ^'^^ From arrest under capiasCv" CapiasC::::. ■giQ-JS From advisement, i\Vqueen'7bench ■■■■.■.■■.■.■.■.■.■. ^'^^m DlSCONTrNlTANCB. When allowable... How effected ^^^ Its effect 451 In appeal .!............ '*\*: DisousHroK. ^^*^' Stay of suit iiule.s governing excepti'on"o7.V.".""'".".'.'." .""■ \il DiSQUALjPiKD. When a judge is Zzziv j"d^^»^^'"g (V. Recusation):::::.:::: Ill persons (V . Interdicted persons, Minors, Tutors, (y.bo'rpor'aiion): ^^^08 DlSTUACTIO.V OF CoSTS. Attorneys DiSTuiHUTioN, Of moneys levied upon moveables 601 etseo Of mone.vs lev.ed upon immoveables 724f.V! 768 ^- Execution ^Coiloca(ion). 'J^ielseg. Homologation of report of ^.a -« Contesting report of ~^'f\ In cases of licitation ^*^ In casesof confirmation of title q^o District. *^ Service out of. Service of summons"of drcu'it court ■.■■.■."■.■ mafl Execution ofC.C. judgments '.'.'.r/.'.'.'.IiK District MAGISTRATES f I, DiSTRiCT.s. 11215 et seq. Division of Lower Canada into lo^n Otticer.H !!i nc\y |^^*^ Disturbance. " During sitting of court ^ g Art. 631 70;: 819-824 949-971 1171 4r)0 451 4-)!' 11(37 120 i;fo 177 190 Tutors, 1008 482 601 etseq. Uetxeq., 768 I24^etscq. 749-50 7i2 939 969 461 1067-8 1081-2 I*' 1 1215 et seq. 1355 1357 7,8 INDKX. 2^^ Action on (V. Pos^es^onj action) A"« Prepared by curator Divisions. '^2 Of debt to multiply actions ,. DOCIMKXTM. ^^ Autlienticrtted in foreign land... Inspection of (V. Imindion^ ;;. • ,,30a Loss of or.ffmal-how supplied '. \-f.V;" Domicile. ^^ Of plaintiff Service ofsumraons!! ^^ Service at elected domiciie.V." ;'^ Of party appearing in person..'."."] '■.'.■ Ij Election of-by adVocates.... ^J Advocates in C. C. ^^ Advocates in Q. b!*.... ^^''^ Of seizing party ^'-^^ Oppositions to sale of moveables ?^^ Oppositions for payment 5^'^ Election of— in C.'C '-- in execution against moveabie-^ JJl^? Mectionofin Q B ^^^^ Service against pa^tv who ■iVas'uoZ. ^^S Dower. 8* Customary Droit DE SUITE. *^^ Satsie par {Recaption) (y.atfachment). • ; 873 Ddhlicath. Registers of civil status Ejkctment (V. XmoraW W)." ' ^237 El.HC*i0N. FlBCTOR, nn^ i 5 'l(f I i P; f ^"^8 INDEX. Asa witness in case involving rights of corno- ^"^" P,„ '•^''«" :... 1032 iiMANCIl'ATlO.N. Of minors ,.,.- Iz56 MI'HVTKISIS. JSlieriff 's sales ^j„ Enqletk (V. ^t,«ie„ce, /Voo/, H7^«m). Envoi kx Possession, L' (V. Possesxioii) 1327-30 Eruou. Clerical— in jury cases ^^q EhROR and AlM'KALS. On question of law ,,,, Where proceedings in— are brought...'.".".'.'." m? Limitations ' ,' Writ of- :...::::::::;;:;;;; J? Service of writ f,.^,^ Security in- .'."..".".'.'.'.".".'.■.".'.■■■■■" Mo/r Transmission of record }}oTi Appearance [..^.Z' ''''''. i^L Exception or demurrer to writ of—. . iioa Delay for filing assignment of—..,. Viqo \^ Factums T. "' 1U( Inscription for hearing, (V.*"'.4/i'eai".).".'.'.'.'.".'.'.".'.'.;;;;; 1141 Evidence (V. Proof). Inscription for oo< Costs of ;.;;;■;, |f^ Proof mav be postponed '.'.'.".' 01? How evidence is to be taken .'. 90^ Of adverse party 2^, Of relations or consorts o^ How taken before a judge ". odt-l Admissions of parties to be o,v By stenography 32o Taken down at lenght by consent.'.'.'.'.'." ■"■■.'." 284-^Q In appealable cases ^7178 i^f} ::z:.":.:::;'.::''^ H2 Altecting corporations mAo I Before experts "..,".'. 335 Report? of experts &c ."."..'.'.... q^^ Before a Jury (Y.Jun/ trial) ''/Z'Zll""'39l 406 In summary matters. .„ '^^^' ^^f Before commissioners' courts lono Art. of corpo- 1032 1256 710 1327-30 450 1114 1117 1118 1121 1123 1124-5 1126-7 1128 1130 1133-38 114(: 1141 234 215 ■ 216 236 251 252 263-4 266 320rt 284-2:99 1071-78 1142 1003-4 335 346 397, 406 896 1209 INDEX. 277 Evocation. Art. To circuit court f 1055 To superior court '.".' ^ '^^^'S rinprobation before commissioners' court iqq From certain inferior court? " poo-l E.XA.MINATION. Of witnesses (V. Witness) o-,. .- On articulated facts ^ ^-n",'"^' Ditto injury trials (V. interroJiatoriesi'.'Z'Z!^.. 4f?2 f'XAMiSKu (Covimissdire £nqu>'teui). Appointed by court, etc onn -jap (V. Proof). 300-306 Exceptions Pkkmminauv. Delay for filing ^^^ Foreclosure "'' ,-;r Deposit !.........! 1,9 Demand plea to merits. 7....."..." f.!? Urged by motion ,,. In circuit court ,..."..'. ,^^|J JJeclina(or>/ exception— Eft'ect.."!!!] , ,o <^osts ^^ Exception to the Jorm— Oro\in(is"oL\ lift Amendment if writ of declaration uil Uaiverof grounds of. Yiq Dilatory exception— Grounds .' \on Etiect ^^" 121 Warranty f 122 (V. Warranty). ' ^ ^^"^ Security Of discussion .....'.'..' foA Foreclosure to plead .V...V.V...'.".V/.."." .".'.".".'.'.'.'.'.'.'.'."." 13? Exception, Peremptory , ' (V. Pleading etc.). '^*» Exception. '^^ fSj°^T^^°° against corporations illegally To writ of annPal 1'^°^ Execution of judgments. Voluntary -,. Compulsory— Formalities' of "wrir *S^ In real actions (V. Writ 0/ possession) .'■■.■.■.■.■".■.■■.'.■;549.50 k 278 INDEX. 1 f In iwrsnmil actions— Delay for ""^fJ; A<,'ainst absentee.. ' ^^' Different means of ".'.'.'." ^^- Seiziire of inoveahlis ^•"'•' In any district ^^'^'> p * . 1081 Kxemptions j .-,56-7-8 .Seizure of refristered vessel....." tZ (iruardian ■'^'' Inventory '"'^'^ Of the guardian'.'.'.".'.".'." ■'.**.'.'■■ r)Gl,570 Effects seized in country...'.*.'. 'l^l heizu.u of current monev ^^'' Debentures, notes, bank^shar'er&c.".' ''3 feeizure of .shares.. ^^'-^ Refu.sal to open do'ors" &c." ^^^^"^ Notice of sale ^G9 Publication of sale ^''^ V^m^ ;^,:* )»■«"*- "niM^w:;::::- m ^eizure before judgment...,'. ^'t'' becond seizure 5^6 Second seizing cre"dit'o'r"*ra'av'"sel'l'.'.'.'. HI Alias writ ' 5(8 Oppositions to iv"OpposiiionYZ'. 'Q] ,, ^^^ Sale 01 moveables (V^'^'a^e)..;. IftQ.f*'^- pSiiii^r^S:^:::::::'^^--^^ '^^^''''■- ^^ It debtor be insolvent ^^'^ Claims, how made ^^'^ Order of distribution ^^4 Order of collocatino- judicialco'sts ^^^ Preferential claims V^ciwiu!^^^^^^^ ,. 600 'jiaira of owner 007,011 Privilege of carriers'&c." ^^^'^ How effected 632 For municipal taxes.'.'.'.'.' '^33 Minutes of seizure., ' '^3.'] Domicile of seizinrr n'i'i't'v ^^^S Grouud rents TS. ^39 Second seizure !!...,.. '^'^^ Alienation during seiziire (^-^2-^ 644 -Art. 551 552 554 555 1081 f 556-7-8 I 02H 559 5C0 5(50 5G1.570 '562 5G:i 504 5G5 566-87 fco 571 572 ■1^1 573 574-5 576 577 578 57a 580 et se(j. •••■589 et sen. 161 602 603 604 605 606 607,611 608-9 610 re)U2etseq. 632 632 633 633 638 639 640 642-S 644 Pov-e- .on ^^J' .•l(//r/7/V»jr«/5— hownVa.io '•''^ Mow printed ''^8 (h'po.viionxto (V. 7,''rl]o\ '^^9 ^^^//J/>;"o;;;;yy"(c,,: ' mm de hiem) (V. Mandonme„t)...L.." %Z.7m Of order of coercive im,,ri,onmen (\ . ImZi/ 1 Of writ of capias (yyCai:ias)::ZZ: '^-PJ Of judgments of separation.'.. ^^^rJ '"^^tsLT!!!!^:!!! '''""^ ^^ coHuMoner's Of Judgments of coinmissiimer^'courii M?, Of.judomtnts in circuit court iTTof oecond writ '■^^^ As to oppositions ^'^^- Against immoveables!.!'.'.'.'. K Writ against immoveables ! Ino'^ J-, . lUot) J^xecution of judgment in apjjeal \ 117G ExECUTOHH. ^ 11"!>» 1181 Foreign 14. 64 Testamentary j i'28l Removal of seals.. .. ^ ^^^'^ 1298 Exemption. From service as jurors Of certain effects from seizure. 360 Of certain persons from arrest!!!!!!.'.'.' '^^tS. Exhibits Must be filed, with list If private writings 805 99 Imprisonment ^^^ Common to all parties List 102 104 EXPARTK If defendant fail to tile." ^^^ 111 appealable cases, C. C.. ,11' Improbation 1"^''* With articulation of facts. '.".'.'.■."'.! '.■.'.■.■.■. ,, J^S 86 892 Lessors and lessees. Judgment 89,90,91-2 Art. 883 761 753 754 75G 757 '■/,'/ (ces- 763-780 /m/jri- m 781-795 81G-8 ••. 981-0 iiotier's 1102 1212 1081 1082 1083 1085 1080) I 117<; 1 1179, 1181 14, 64 f 1281 1 1304 1298 360 556-8 805 99 100 102 104 105 141 1060 166 210-3 86 892 ^9,90,91-2 281 Inscription for l,caring_in court of Q. B ^uL "roof fi/imrte "■ >c- " 1140 In apponlable'casesrcircui't couri".".'." inro EXPEHTS AND VIEtt-KKH. '^ Reference to Xuinberof, -^-^ How appointed.......'. '''-^^ Grounda for recusing'.'."!.'.'.'."." "^•^•'*~^ Order of appointment ^'^"^ Form of oath 328 Oath to .'"...".".'."!!.'."*.■ 30 Parties and witnessess!!!... '^"^^ May adniini.ster oaths ■^^'^ May summon witnesses.".'.'.". ^o"^ Evidence of witnesses before'.'.'. 'S^ Keport of. 33.> Deposit of remuneration '^^^ Report, part of the evidence.' ^f l^iquidation of rents.... •^'*^'' To value immoveables "^"^^ In matters of Iicitation'and'n'a'rtitinn ^ "^^' In casesof confirmation of tfie'"" ^?~l ^Sion^:;^''^^^'^''''^ ^^^'>«y-.i;;-«i;^;;;y.::::::.- '\ti Duties of. '.'." 1269 Report of ..!........". * 1270 Expropriation. 1270-1-2 Fees Extortion. Sale in execution • 594 P FAnRIQUES. Service of summons on Facts. *^^ Ailiculation of (V. Articulation) .,.. FACTcf ^ '" articulated ( v' Interr^oHataries) ni In jury trial (y . Jury trial) ,„_ In appeal ' 393- Faits et articles (V. In(erro27 1117 91 560, §§ 4.6 562 562 571 577 590 596 ■■• 597 600 768 1040 1041 1 1043 1044 INDKX. 286 Proceedings instanttr on return ^ "?"; imll , 1045 Pleadings in writVig •'^46 Writ refused by'one'iudffp '^^O Ad teitijicunJum .....l.i'i 10-'»1 HeAKINO. -iiS Notice of inscription.... Cases in C. C. ....... 402 Notice of inscription.'.".".'.".' 1072-3 In non-accentable cases ^^"^^ I'J jury trial '\'\ 1099 In suninmry matters ^^^ In review...... 897 Inscription/or-in'a"ppe"ai.":.'.":'. ,^^? VMien had in appeal from C. C ]\i\ Heirs. 1152 Removal of seals Sale of real property ■o'fsuccession".;;:""". /^fl (V. Inventory) 1315 Heir.ship. 1321-6 Proof of Holiday. What days are... Persons cannot be'summoned'on ': ^'^n7::X^t^^^'' ^« appear on:::.:: ?J Homologation. Of reports for accountant?, &c. .. Of award of arbitrators.... o.r'^2 Of reports of distribution "". .^f :' Hypothecary Creditor. ^"^" Notice of sales Confirmation of title.:....:!::: ^*^ Hypothecary recourse. ^^'^ Agaimt immoveables of which th. owr^r., » knoxvn or uncertain.. .. ..V. .. ' '''"''' '"''' ""- „,, What petition must contain.. ^^? Affidavit to accompany. ^^l Ke°i';r;livf„''''''''°" °f "°«« "■":::: ::::::::: f^ 904 286 INDEX. Execution ofjiulj^meut ^l]^: , proprietor appear before jihljrmeMt".". ■.■■■■. or w sev.-rai persons appear ? ,;^,^ Opposite claimants.!.. f-' YI'OTHECS. fiseliarrje from (V- ConjirmatioH nfiith^) ' "^"^ ^ '^ Certificate of-with sherill '.s return o'»7 R '. Contents ot certificate 7nn i :, Confirmation of title ,\:r~ .Slieriffs sales ''l'~'' Collocation of conditionai'.".!;" i-l" Definition of /•:'• Ajipeal ;•• „ ?'^ Capias :::::;:::::::; ^^^- ^ ^ Execution ,^""' lusT : ' n^ Ille fiAL DETENTION OF LANDS. Suit s in cases of. ImjioVEAULE; y enue Situated in two districts. Described in writ of no; 37 summouj 41 Extinct corporation ^^ 1012-;U4 ated (S'i'let 108^ Execution upon-m S. C ^^., ,, ,_ Execution upon-iu C. C V f|- (\ . Ji'zecution). ^^^''' ST^'T'?;!:^.^-^- Opposition.) 051 et Sale ot— bv 1 Ditto, by curator. Hypothecary reco quidator jj^ seq. hi urseagainst— of which the own- ers are unknown or uncertain {Y Jhwothec- nrij recourse) Coafi Belon()-inw to nuat 900 ci! iou of title of (V. Confirmation) "940 V7:: seq. Ex pert; minors &c Duty of exports. et sei^ 12G7 .1268-0 rivate sale. A'ol uniary licitation of., .1270-1-:^ .... 12 .*. 12: ( I Art. 007 90s .... 9o;» .... 010 ..'M9~'Jll ..0;»7-8-H ..700-1-2 .... (i5n-i; 71(1 730 ... 971 1142 § 4 Sim: ... 1087 1107 37 41 '>2 1012-;!-4 ypothcc- 1087 032 ft seq- lOSo (351 ef i^eq. 7llr/ 772 hf owii- ypothec- 900 et sea. 949 et seq. 1207 1208-9 I270-1-::- 1277 B- 127S INDEX. „,.. 28 i lA'I.'iy of -iimiiiniis.. -^"■''• j;n.c.f.lin;rs nuist ruumin'oi';;:;;;;;! |337 'oweis <>ri).-..tlion..tan- ''-'^ decisions sul,ject to revio;v.;;;:". ji;;':' I'oniiahties ' '' Tutors and curator.; '81 LjH.tor resisting st-i/iii^!! '^3 Honrsfor cflbrting.... ~^'^ Days and places pr()lVihi'u.d" "■ "* Oonrt may order t,) he e(f.'cted*at"anV't"n"m - ' I'ormahties of writ ' -u an.\ time 7s,j lloweireeted 787 Alimentary allowance— rv'"''i}/ : •''^•' iiodress a»-ainst.... ^'' ■ All,n,;,nc^) 790-)-:^ Disciiari,''e?'. ","."...... 792 Disciiarj-o bv jndVr'e 79.S I>i'.l)tor discharged from' 794 \\ itne.s3 compelled to an.swor"l)v ?'"' Against notary... ' -'77 Against persoi. .etainingpo^^ioiio;--;;;,;! ^u}. Return of service i 7^ Donhle costs.... ( l')'.> Against party'i'owirexiiihiVi:;::: ;j9 incidental 100 Petition '.' 101 Deposit .".". ' 102 Proceedings 103 Tt^Umoiiy of iiotaHey^mi^^iVnesieV^ec^iv;!;);:-^*^'^^^ Effect ot —III commissioners' con -t "''"'"''^•■- 252 Security for costs to be given. ^^'^'^ I.MPHOVKMEXTS ^"^^' I-VCIOENTAL DEMAND. ^^'*^ In S. C How made .....'.'. 1^9 Compen.safion ".'.'.'.' 150 How made by defendant."." ^'^ l^ssueandcontesUition on ''"'^ I'or improvement on lands ^^'■''' Inappeal 1110 oiuission in orig/nai'domaud!".'".;;;.";;;;;; ^^f}^ 4 Wf 288 INDEX. Incident op proof? -Art. In appeal Inco.mi'atihi.k. ^^^'' if, I; Allegntions in pleas ,„„ , Party „,ay be called on to choosebeiwe^n:;:::;; '' l^^, Incomplete HEcoiio. ^^^ In appeal Inconsistencies. ^^^'^' ^^^' In text of code INCORPOHATED BODIES. ^^^^ How sued Service upon *.'.!...., ^'^ (y , Corpora ion). 63 Indivisiule right. All parties interested ' Inferior jurisdictions, 20 § 8 Remedies against iudgments of ,.„^ {^ . Commissioner^ courts, Justices ^c"\ ^^^ Informalities. In writ or declaration or service ,,, When may be amended.. ^^^ How waived .....!.. ^^^"^ Information. ^^^ Against corporations To annul letters-patent ".*.'.".'.".".".".■.■'. 998-1003 Initials. 1035-6 In writ of summons Injunctions ^^ Inscription. ' mZa et seq. For proof (v. Proof.) Notice thereof. ......,...'.;. 234 For proof and bearing.. .."!i". -^^^ For nearing in law or on fVio'^T-V*!,' J :*" ^43 '-^^^^^^^^^^ ''' 1072-3 Art. e by motion 3 if. 'ion, Impro- 'hange o/ai- llG.i 120 § .; ^een 14,- 1165, 1177 1361 4f» 6:^ 120 § 8 •• 1220 lie 117-8 119 998-1003 1035-6 49 • • 1033a et seq, 234 235 • 243 i notice 462 IS circuit 1072-3 INDEX. 289 pUto^inrjon-appealablc cases ^J^ For hearingin appeal ', ^^"^^ ^^"^ Inscription ex paix (V. Improbation)ZZZ ^\1 I.VSOLVE.VCV. Execution Ground for caiiias. '^^^"3 T ' 700 Insolvent. Moneys levied Capir3 against... " 697 7^9 IN.SPECT10N OF DOCUMENTS, {Compulsoires). Notaries Judge's order..... 1248 Service of order on'uotan';Z Z:;;; \lf^ Liability of notary ^249 Petition to be served '251 Delay on summons' to" obtain".'.;".;; J;^} Proceedings to remain of record ".'.". ^^L Powers of prothonotary Y^^ Decisions subject to reVisi'on";;;; S Inspector. ^ To abandonment of property h.^ IN.SUFF101ENCY. Of demand Of record in anneai ^^ T^.„, ^' 1165-77 INSURANCE COMPANV, Where summoned... • , qj Interdicted person. Appointment of curator to. Intere.o.t. Action Credibility of "Witness;;;;; ^^ On costs 252 Collocation otW 478a 7.34 f- i 290 I.NDEX. fNTER I-<»('fTOHV .If W~~- Ajipoal fVoDi. o<;mknt.s. 3Iut utiuii (,, aiij.oal fv( End )in. r.vT •TSfttion on writ of appeal'/ KIU'ItKTATIOX. <>[3taten)iMit.s in plead rom, Of ingv '■'i artif IPS iif on,i,. Of articles of cod I.VTEIUMiKTKU I.N TKIiliOfiAToniKS UPON oiiirimoiis S AI!TICC1,ATKJ) KArT.> iimnions on attorney Ans swer. liow (riven ; } Effect of (k-fiuiTt low if corporation. Bet ore ju(l/^tv )..... :.;.......... ■ ^''^^nxitionPu- 75(5 975 1016 Of efTects taken Dilat Of ory exception for in execution (v. Execution). property of dissolved 559-5G1 120 § I corporation k^qj. AUT. llir. 112] 1!() 21 uai 10 321 . 22'' 22'i 224 225 22("; 2C,i', 227 22S 229 2.^1 232 23'] 241 402 305 1098 154 .... 156 .... 157 15S .... 11 GO ... 75(5 ••• 975 3(J II- .. 101(j 559-561 120 § 1 .. 1009 291 Removftl of .seals -(Vrt. Of a (k'oeasod porsoii 1-^7 Certain persons must be pres'.'nt \'V/ ^•''^'* Delay on notifi<.ation. '''"-^•"^ 1298, l,'i05 K.veciitinj^ notary.... '^37 In authentic form l-'06 Form of. l.-^O? Difficultie.H "...".'.' 1308 Consent of parties l'^"9 Ctistodv ofo/Iects ^-'^lO Formalities applicable" in alVnHes l'''^^ Collocation for costs of l'*!-^ In cases of revendication.".'.".".';';;.".".';." ^^^ V Sale 0/ inventoried efccts{y. S>tlc) )'l3I2-5 licnejit of: Ho;v applio.I for ^ ^'''-^ Public notice,. . 1321 Consent of crcditoi^'to'seii"moveabi;:; ^''^^ Appointment of curator "'"^'^'^^'^'^^ 1.325 Delay on summons ^3-'' LSSUES .• ^''^37 Delay to complete How completed '3^; 1070 On incidental demaads l'*^ On improbation.. , 153 172 JOINDKR : " . When allowed Of incompatible claims 1^* Service on JUDCK. CI Definition of Rules of practices and"tad'i"ofVbes ^ In default cases. » o' itts 20 ?!;fS,']|-°" J"';y tHaf (;. j;;;;;-^-;.-;; ?i •''.Uge:: HI iume district... -' 4u4 Ji absent .' 464 May ask ivitnoss any'qucsUonl:::.:: ™^-^-'' 263 25 291J INDBJC. i;i Jud^e may tmnsmit draft iiKkm.pnf .<.>u .-.no "^"J,'; !•( !( II Onhc Queai. Bench :Zq^-\;-';--;^---^'^^ '''^; Hccusation of .. -mi'*"' ii..ij Judge who sat in oouabdow'inconipeV^nV; Ins Leave of absence of ' j •' DisfHialificatioii | ''" Judges of superior coiu't'to'Veplaco'.'. .' !'' ConcunTnceoftliree required. -': May .n certain cases transmit certif;;d"d;.ci;ion:: llTo Jui)<;mk.\t. Foreign In any other province...... ....' |-''/ Defendant must be summoned or"iieard.'.'.'.';'iV;"'Mi A n contested cases when may be rende ed ' ' t Death of parties or attorneys.. ." IJy promoted judge \..,, '^'l'^ In vacation [ "' '''j'^ For damages '^'-^ Must mention cause'o'f action etc t-1 In contested cases "^l-^ Entered in court ies llf;o ili;i n<;j 117(1 li'cision... llTy A'li 42/- It), 243, 4Tii Hi I.;;, 4(i,^' 4t;s 470 471 47J All 47:; 474 47,-) 47i; 477 5;;j 51-1 12l» 394-,') 898 gnc > lands.. rti(j d-12 'Jl'7 942 9G7-.S 978 1071) in may 1080 INDIX. 29S Ap^ainst absentee ' g'y,' //// Default of nnn-ajipe'iranrr : ~ III s. c ' 8'V 90 01 In vacation " '' ' r,., Against ah^ientee ,.'". !!.".'..."..."!!!!",.".'.,. <>•> Plaintiff may renounce before exeoutinff OT Revision of ^ ^p, In appealable eases C, c"....^V.!!!!y/.'."y/.'!!]."y.\"'.'.'■.■■"." ]()(/» In non-ai)pealable cases returnable in vacation ' lOO't In noii-appeabible cases returnable in term. 1 lOO fi^nsion of (V. Revimn.) 4S{ 49'- 1 etit^ion in revocation of ' ' vr. On Confession {\ . Confemon) .'.".'.*.' 94.,s A'jitimt Warrantors. f. "...'.'.".'. r>7 % n'y""::"'"." ^"'J:'r'"l Consor]s'(<,\Ji'paratiin)'.. gT-KS Itt Distribution (V. Execution) 750 7(51 Ji'l iirothonotitru "" ' ',,.- 10 pay over moneys levied 72'{ //i/^r^^w^J/-//;— Appeal (V. Inierloculori, )''.'.''."',',' inl) On plaintiirs abandoning Huit ". -505 fhi the Verdict .-—Motion Vor— .*.'....! ""42 l-'^'-'i Arrest o/";— Motion for— 4M.431 Xon Ohslante Veredicto .!■>■{ 1 A-i-i In Review :—{y . Review) -,m n Circuit Court in-rn Jf judge be unable to attend in" person!.'.*.'".' '. 108O hKiicntiono[-{y. Execution) lOHletsen. Jte vision 01 — IQ,^ Appeal from — ."!!......!!.....!...,... 109 ' Confession of— in non-appealable cases..."....'.",".'.'. " 1095-9 By default in non-appealable cases, returnable in vacation jqqjj By default in non-appealable cases, returnable jn term jj^q Not exceeding §40, how executed *, 1102 In Commissioners' Courts ". |206 In matters of Certiorari ...!..!.......... 123'> In Appeal .•—Concurrence of three jiidgeg .'....'.'!".'.' 1 170 Rendered in vacation ; ,,. 1172 What— must contain ".........'.!........'.'.'.' 1174 Of non-pros, if writ be not returned.'.'..".".".".*."..' 1129 IIow executed '_ ^^rl. Remedies af/ainst~{V. Revision, Reqia't'e' Civile, Oppositions, Appeal). Execution of—iV. Execution), Judicial SEQrESTRATioN :—(V. Sequestration) 87G 294 INDEX. JrRisnicTio.v. ^^"t. Of superior court <)f superior court in revieVv." ..v?'^ in matters of capias '*-"^"'* <'f the circuit court .VV'""- ^^^^ Oft..^,.„i,eourtinsuiVs.;etw^^^^^ '" 'movli;!;""^'^'^"^ to-oxcicution-againsM;;;: '''' Of commissioners' courts...."." ..■.■.■;;:.■;: ^LVu Of lastices of the peace ^l^;^"'' Ot recorders' courts ^-"' In personal actions/wiiere-lies ^'^l~, When several defendants ' In real or mixed actions ." •.,, „ f. In suits between consorts for sepaVatVon 'il In mnno ^""^ ^'""'^'^^^'^ "-'^'"•^^ public officer' ? In matters of succession.. ;^*' rn!!rt """' ^^" ^^'''^'■'•a»ty and continuance"of suits" S Court may proprn, violu decline case, and -rant "* costs against plaintiff ' ^^"* ,, , , Jurors. '*■"' List of—, by whom and how made o.- List IS to be revised from time to time". xc\ Qualification of— ^^^ Who cannot be— ^^^^ Exemptions .....]..... ■^^•* Mercantile suits '■^^^ Special list of -'63, 390 Panel of ■..."■. 300 Motion for ve7dre'facias''.'.Z ''^^^'ll^ ;l"st appear under penaltv.... :;': <-li(Ulen(fes to arratj of ' *''j Decided by presiding judo-'e '^'Iz^ Eiiectof-if valid.. ...!.:.._. ;;.■;; i"-* Challenges for cause '^^^ are either principal o;"io"the fa;^".;::::: ^ Causes of prmcipal challenge if, When may be challenged for favor llr Principal challenges tfied b^ the coVm HI Challenges to the favor.... "^ "-o"'^ .^8o INDEX. Anr, 2.S 423-1 Sds • .1053-7,1061-;; Agreement of nine snfficient T Verdict of ^ .^ Alloua-ice to— bow "ren'ive red. '.'.".'.'. tn Death oriilness ofjurors V,i Aflidavit of V, Certain acts of^are" gmn nil ;,f\;r;;e;v" "idai" ;;;;;:: JoJ i^ ■•f'n-n trial, Challenje, Verdict)- JuuY TRIAL. (V. Jurors). In wliat ca.ses alloAved o.q For what amount 'IV;, How option is made ..-'l Is;iues , .'" Statement of /acts...'.'.'.'.'.'. '^.f^ Assignmen't of facts dis"p"en"se"d"w"itii".';.';;." ^54 Where trial must be had ort Public officer ^'^^ Snecial li,t and .stnkin;/ of the 'KncL. '.'.'.'.'.'. Ho Motion to fix day for trial kao-vik Language of jurors S />/c/M»t to be given to prothonotary". ■.■.'.■.".■."." -mt Withdrawal of plaintilf ^ oqL Evidence given orally "■■■ i,,j Or by stenography...: ZZ::Z::::::Z 399I Certified copy ot notes to be preserved S Commission '^^ Proof facts assigne.l ■by""iJ"dge;;;!;".!'.".; 40,, It no assignment .....^ 2^" Interrogatories on articulated facts. .".'.".".■..■ 402 Judge may sum up evidence Jnl Objection to charge of judge Ir Provitice 0/ jud^e and ,ur>/ TftR Jury hnds facts, judge gives law ■:.■:;::.":: 40? May be discharged if nine cannot agree 419 Amendmont of cleiicai errors .^ J^o (V. Verdict). ^"^ Judgment after, and remedies ayainst verdict .— Delay Motion forjudgmcnt""ou".'.'."!.".".".'.'!r.".'. 28 \i\ 290 1XI)KX. •r A!;i I' or u now trial or for judgrafnt non-olinLmtf vere- dicto 28, 42:; In nrrest ot jutlj^ment 28. 4'_'l Notice of motions necessary 4-j.-, Motion for niir trial 42' . Afliduvit of juror 42s Arrest of Judyrnniit : — In what cujes defendant mny move in 4;;] Delay for movinj,^ in .\2.\ Klfect of 4;j_; Judgment non obstante veredicto : — Delay for mov- ing for 42;i In what cases — maybe rendered j;;;; (V. JitrorK, Vtrdict, .j'^r.). Jdstices of tiik Pkack. Their jurisdiction 121t; Evocation, certiorari 1220-1 May be jurors .".".".". ""'51^ L Lands. How described in demand ;•'.! Venue of actions relating to 37-8 ^tl Re-entry on abandoned /—, held in free and common soccage HOT Summons, pleading and proof HOl" Incidental demand for improvements llio Review of judgment nil Scope and execution of judgment 1112 Appeal from judgment; security m;; Appeal ; 1142,1178 Lawyeus (V. Advocates and Atlornei/s). Lease. Actions to annul or rescind 887 (V. Lessors and Lessees'^. - - f Lessors and Lessees. Suits between 887 Remedies 888 Suits during lonj vacation l, 890 IXDKX. 297 n I AuT. I^eliiy upon siinitnouH 7;-, s;U Dfliiy tyr iipiK'ufiUU'O of ilcfeiKhmt.....'."..!.".!.^'...'.".... ' ' 8'>li Delfiy f.tr plcailiiirj " '"_ gyo pclav for and aiiswerinjr otln-r plea.s. ....... .........,..'. Siili iii.Ie held jointlv by a tutor and his .. P»P'' ••-.: 1278 Voluntar>i y.,^ Life uknts. Claims for capital of 733 Liquidation". Judgment for daftiagos must contain 471 Capias on claim for unliquidated damages 801 Liquidators. Sale of immoveables by 711,^ 25 A m %■ ■.'• Ik 1 IliDK.X. *ib I'K AUT, Li Mow plifjuUd I ST Must he file. I with f.vliiliit- (V. l-:xh,hih). liiST or .niKtii.s (V. ./m-o/s). ;i;» T.ocATKiUM KT LocA TAiiiKS {Sce Lei^mrs and Lewes) 887-80',) Lo SH. Of luitliontictliiciiim'iits i.)r..) • Lot ok land. IFow indicatciL LuwKU (Canada. Divi.« lOUS of. Ma (;i)AI,i;\ ISLANDS. Proceeding'- in Maxdamis, wiut ok M 135: nil Tenor of. How iiitpiied for, iiow served. 10'. Mil) lletu 1023. .sequent proceed ini,'> ] rn ot pei'eniptoiy writ ^y,]- I" niatlers reliiling to election to a vaeiint." o'li'iee. lo"; l'roceedinj:>! on , \][y,!. Numher ot voters present iit eiectioii... ..".'.".'."".".';;.".'.'.' m^;, io:;ii Set vice of pereniptorv writ Al>pe!il from judgment MARr.'K'.'AL NOTK.S. In depositions 10;. Mauineus. Mau Service of summon son. HIAOK. Oppositions to— (V. nppo.vi'ons). Registers of— (\'. /,■ CC 990-(; Kllect on c-vid Mai UlKD •• -;.\IK.\. ^''//'■'^(ers) 1230- ence of witncs iO- 4 1 F 01 11. Mastkus .i>r h:^ to enable — to curry on trade pgl .NT- Jnsticv'S 0,1 : a-^: jiave jurisdiction in suits bet- ween--!:! CO (ii fry parts.. . ^.jj^j ISURX. Aire. i;;'; uu ;;i;j weet) 887-8y;» rjfiii-;; iij. IM.-. 27, IMj lOL'J 102:5. 1:, Uri-l lUL'C uliice. lOl'T ;. lO'js Kij;) lO.lo in;;;; 2'.r, Gt; 99()-i; 12:50-41 252 D81 i bet- 121(i ^fASTEI« OK SMIP3. s of Mk Mkdi Mkm Mkm Mkui MiNOK Ml.NU Mis-, MiXE MON mtiioi iTK LlNcr.K. V ,l» tiis. 'il" not ln' siTVfd U.S. ;iH of— for re<,'i '.ami of plf'ji tr tc'stiitidii on t 1.111(1 of pk'ii )<■ ly for tiliiifj \)h rliijr on tJR' — I S:r.) niptiou for pre nipt ion for pre ;rij)ti()n in won ;riptioii for lu'! -•ripMon for her U'.-^sors and Ic- gment on ■ sue for wages )ointing tutor. Miation of inin: ; of uioveabli'S co-heirs i^ a.. eizuro, sale, k cooditio'.s to ( (V. J/if!jiectio/i fOKR. Dilatory exceptior I ACTION. enue of 290 Ant. CO :t04 i;;it; M 20 i:;t; 24.1 1072-3 10!i!> 4()2 807 408 1 UKi 12.^)(J 1207 1320 1245 20 5 7-8, 41 '43 "Jl" HOO INDEX. Seizure of nirrciit. 1 iviiiciit of— levied in execution. Collocation and distribution of— 1 Jiioveaides evicd on ini- i a.vnient of-levicrl <,n immoveuble- Mo.\Tni;.\i.. rieyicwfrom m iiat districts liad at . •Notice of sale ()f moveable seized in. Circuit court in citvof. Appeals from Avhat' Motion. Art. mi 121 r.T,'! lor.rt districts brought to ]]'.7 Grounds of preliminary exception ur-od bv IT-, lo am,eafi;.miiuterl<.cutory judgment... .-Tlis 1 'i (V. .\ew fnaf, Arrest o/jud^„,ent:jfamo/offaf on, MOVKAHLES.' Seizure of, (V. ICxrnition) bale ot (V. Execution, Sale Effect of judicial sale of.... MtlMCII-AL Coiil'OIU TIOX. No appeal lies in matters MOTK.S. Evidence of ■•• SM et seq. 1081-1102 Inccntorj/, Curator). ..CH-Ch') 598 concerning 1033-1115 261 N New TaiAL. Delay for moving for Notice of motion must be'given 1?- Jlay he granted in what cases,..:*.". ji' Oortain cau.ses how ascertained .o-n 1.I;/r^td''^''-''"'^'"^'''^---^^^^1 (V. Jur>/ ^vw/);. ..;;;;;;■;;.;;;;;;;•; ■•;;;;;■; 430 Non-Acceptance. Forms of noting and ])rotesting for Nos -^ 4. Form of notarial notice of a noting or pr^fest ' ■ ^or, and act thereof ^ piortst 11 NoX-Al'I'KALAULE ASES. Nos 8.10 Appearance or default. Confe Plea.l SSI ing on ofjuugment 1093-1094 1090 Proceedings in vacation.','."' }!?!^' 1099 Art. r)»ii D 1J!7 by 135 ■ ... 1118, 1120 ') gat ion, seq. 1081-1102 7/0?-). ..571-589 598 1033-1115 ... 261 423 425 42(5 427-9 t has 430 ..Nos 2-4,11 rotest ..Nus 8.10 -1093-1094 109G 1097 1099 l.N'I'K.V. 301 Ai:t. On (lotaull 11(1(1 Proof iiow maile 1101 Excc\itiori, if nntlt-i' S40 1 102 ()l)positioiis. iV<- 1103 Arc dotcnuiiicd .sumniarilv 1104 NON-Al'I'K.\I!.VNCE. Efr.Tt of(V. (h'r^ positif'n .... .. "' '^ conimeiicinjrde- Fornisol-niaybeehaniied"!" t!^ Of witness 1-efore e.xaininer .^;"; Ot experts -^'•'4 Admin istereil by expe'rVs ""'''^'^ Form tlieieof. ' ' ^''^4 Of Juror •'5-' Of curator 'i''li SMmies inust .justifv'suinei^ne;-;;;;::; ^;i^ <'! secjuestrator ^■^' To aeron,i,auy o,M^^^^^^^ 878 Form thereof.'!.... ■^^G {y-AjJidarii.) Xo. 3.'! /h'c/ttan/ Oath Court mav put 443-S How part^- '""v be'onie^od ■to";;;;;;;;!;::;;:; i^q How described in writ or declaration.... OliJKCTlON.S. " To judge' 8 charge to jurv To sureties ,...;_ "*— f'-' Office. "'^ V 'inittun,) Aht. ^ Oppositions. To jiiiluinents. hy thii-.l jxirfics ,-,io Ocinfeias of petition '.'.'.'.'". .-,i-, i'roeeedings as in ordinary suits "...."!!!.!! 51' JJj/ Dfjtnhnit (V. /.'luisiini) '." 4h,';-3,,-4 To Mdrrii/f/c :— During ]onin' nj .)///r,,7///A..v.-— Wli,, inViV'make""' .580 Debtor may make on wliut grounds.....' r>sl If part of debt be e.\tiiii,niislied 'r,H\ May be made by owners or pledjiees. .'.'...".."."'.' r,() ' rrivih'n-e of lessor r,^^, Election of domicile and allidavit ...."..'.'...' ,5s;^ •Indge's order may replace aHidavit. . -jh.! How served on .slieritf. '.'^'.'Z 5S5 Proceedings by oppo.sant after re tnrn.... '."."."." ! 5si; Motion -Q,. C. . . JOl) on testation _r,^Y Peremption of — 5ss' Jurisdiction of circuit court as to !!!......".*.*.. i(),s;; In noii-appcalabie cases.., 1 lo'i 111 commissioners' courts 121.';-4 Tu f/,c Svi:,i,;',ti,lS,ilr,,ilii,,ii,,i.,.iii,'i','.'^'.'Z. Affidavit .' ,.-j Delay for tiling ."...!!........ Tjj') -<)•>'> SlierUf is bound to re tui'n ....'."...". ."."."..'..".".'.','..".,. " "(jy" Diitv of shorilfou rcccivijiq- ."".l ^^r^'^ Right of plaintilf if — be onlv to reduce aimiiiut claimed _ ^-n Service and return ....................' {{''U Sheriff mu. •I 304 INUEX. Proceedings on— if (j.fi.lod l.ofoie dav of suU -Akt. OUDE In (\ Panel Papei?! Pari. M (-.ujjmjii /•(■ ■ Same provisions to apply in non-;i'ppc'al*ai)ie cases 110;; Jo (ininil {,111,1 ,/ ,ninn/>'r).— Who may make and on wiiat <;Tonnd,s ,;-; In matters of licitation (W /.ici/(ifioN). ..'.....'.'.'.'.'..'. o;;2-;'; In casef of eonlirmation of tiilc .....'.".'.'.'.'.".' 'r.T To willidraw {afin de (iiMniire). — W'lio ni:i"v fiTe and (in what gronnds ; ,j-^c( In niuttiMS (if licitation (V.. /.ici/ulion). //...'.'.'.'.'.'.'.'.'. DSj'.;; In cases of confirmation of title ')-^- Ti, secure churr/cK (ajm c/'.' (•//«;•///■).— WlVo ma v make and when '. ^|-,, Unnecessary to secnre scrvitnd'cs o. "rents "i'li place or sci1'; '" - -es of conlirnnition of title ..'.."..".'.'.'.!....".".'."."! 937-8 itr» .. ^vi No JIu M Ma All INDKX. Any. )f.siile t;;;i rod (](;:; gg;{ by — ^'\- ...'' W\ ihk'ciisi'-s no;; iiako and lijT ;j:!2~;! 'Xn ni:iy lik' Liability of other party as to costs in. NERS. 31 33 Claims of— Pay.ment. may l)e tried by justice of tlse peace.. 12 16 Or tender into court (V. reiuhr) Jurors may demand .". Demand o'f— on judgment debtor. Opposition for— (V. Opponlion) 7 Uf moneys levied upon moveables. 538 41G "jGO Of Peac; oneys levied upon immoveable^ (V " A tio?i) . GO] et . 757 et seq. Pen A Justices of the— their jurisdiction (V. Justices) LTY. Commissioners' court. 121G 1189 300 INDKX. Fee allowed hv fnri(r-i (V. \ nriinis Inn^U Wl th.) H'/s fur f,rna>//rfi rdniicrtr J t/iTr- AUT. 2:> 'K.VSIO.VS. A re ex V fiiipt tVuiii sci/.iii'c Q..^ ICIiKMl'Tio.N OF SlITS (/'.'/- /«////<-// ,/' / Ih'II — tillu'S ])])!( Iii'ii Hot, w \v Ay- How oljtaiiifd How covered. Ellect of l/S-:r nice). mist wjioiu. Powei' of covirtsas to cosf.^ In aj)j)oa]. 4:.! •If'.O PKiiKMi'Tbi{vi:.\('i:i>T Hi I0\. Pkui What grouiuls are pleaded liv (V, Picas. ,jc ) i: Ml'TOliV WiilT Of 111 aiidaiuiis (v. .lf,i,i.hniii/s). PEnsoxAi. ACTIOXS. 102,- Venue. viisliii) liinds pias SIM it'iit of c. <; ')id'/mi!i)f (h'cqw'tr £ cirilc) : — 1 suit ..."."... .'."..*,"...!.7.."* . 483-5 fiSt; :)iiO-l-'j oi2-;i 101':! Pt St' 7- 1148-9 nO,-) aOf! no: 508 50f» 38, SSGa et seq. 10, ).) .1107-1: lion as to wages due.... 1218 49 l.VDKX. :m AUT. 2:> cctcd t/iTe' GUs> y). -I'l \:,:, 4:.'; a:,: a:<>< 4n:t -li'.O litis ^-Jc) IM 1025 34 483-5 ffSc :)iio-i-2 1>12-;! 102:! HVJ rf fic'f. lM8-f> ■ri/c) : — -,(),-, .")(>; 5(17 5()S 50;i 8G« et scq. 105.'! 1107-1;; es due.... 12IS • 49 Art. Prefcronco of CO'J I'mcliusiiii; ut sal.' 088 'i,KAi)iN(; :— (V. D'riarnli'tii, I'lr.is, h ■Preliminary/ — ( W Excciitimis), I'l.i: .V''.) To til'' mfrlis : — |)i'liiy foi' liliiiu' 121* l>o]ay for (ilin^', (Itinauil (if, an. I furrdosiirc i::7 Delay for iiuswcriuj^ JCxIu'bits i;!S 141 Atiifiuh'd plead iuj,'' I4.i \() particular fuiiiis 24. 144 A ill davit — 111 certain case.s. 145 Incoinpatihie pleas 141; J'"()i'm of dciiuirrcr 147 Faets adiiiilled. 144 Before answeririi^ p nd i in in a ry pleas l.'ii i'roof ; i;>2 Allien (led .'i'JO In. suniniaiy matteis ,s!>2-3 Against corporations ille Copies served 4i;2 Policy, Of insurance. POSSKSSION. Of effects seized J'rovisiona/ . — {L'c/uai cii j'o.ss' n.fion). — llow aji- OiJ!) plied f or. 1; Act of notorietv l.'!28 Puhl ic notices K :i Proceedings i;;;!0 Delay on summons l.'!,';7 Proceedings remain of record 1H,'5H Power of i)rotlionotaiy i;.j;i9 Decisions subject to revisions 1,'540 J49 712 . 713 ■)0 Writ '/— Avlien granted. Procecding.- Dutv of otticei Judgment enforced by 1 ir. POSSESSOKV ACTIONS. Who may bring !)4G Limitation of 947 Petitory claim 04,S lllegardetcntion 1107 il "■' l.VUKX. PoWKff OK ATTOIi.VKV, -■^'"■• From iiljsciit iilaimid' Pn.Krii'E. '-" ^^ ' ''(ir suiiiiiioi) ■! PliACTICK. '^■ Itulcs ol". Ill 'lueou'.s boiic'V....".".'.'... -' ' i'nACTiTio.VKus. (Prue/iaens). ^"' Rcrerciioc to {V ■ Accountants). •'■'" I'UKCKDKXCK. la'SvS.::^!:';::;:!/::::^;;;-^ .24:: I'lUKST. Asa witness PlilSONKItS. *'' Service on PlUVATK WHITIXCJH. ''^ Jndf^nnentbydefhulton on , i.*'itiiiiti as signed.. '^ "'■•''' Ahidavit.. , ........7.... *''.' PkiVILEOED CASES. I" appeal jjjj^ Privileged CLAI.^fs. Order iuul oollocalion of... ..a- , r rS/"''^'''i'^ i^y g^unishment:;:.:::.:::::;"'''' '' :;^?; VV. tolloeation). ''■' PniVY COUNCIL. Apj.eal to— from review. , , Appeal to from Q. JJ... /''j* security for costs!'.!'," Jl.'''' Certificate to stay e.xecution.:!.! J? Decrees of. '''^' Procedure. ■^^^^'^ Cases unprovided for - 1 INDEX. 300 Interpretation of rules. Ant. AMI Of moveables seized [>'>'.) ,')tjO (V. A'xrculioii). Of return of ,>;uninii)U-i (V. lietunt) 7T-8 Of seizure of inunovciibjea (V. Juivcutiun) G38,t;41 Of property ?ef Whit ok. How applied for 10:U Service ot demand for 7.-, Appeal from Judo-nieiit • 10;;;! Procecdiu<,^s by.. 4 PROMI.SSOHY NoTK. .fudgment by default on 89-02 Initials as sij^ned 4;» Affidavit if sij,niatnre denied or protest objected to 14.") Are liable to seizure ,-,(;-) Summary procedure on 887 Prook : — Inncripdon for „ 2?,% Notice 2.>r» How take down •>;{(; i{oll for 2.!7 In summary matters 8;»t) p:nquete days 238-239, 243 Postponement of 2ir)-G Incitients of — ^ :;]9 In.scription for proof and liearinir 24:!, 107,5 Judgment on 470 Of articulation of facts 212 Witness about to leave 240 Witness unable to attend 240 111 another district 241-2 Party as a witness 251 Commencement of proof in wriiim/ 251 In proceedings affecting corporation.^ 1003 Application by motion 310 Pleadings amended 320 n 1 1 310 INDEX. Bv ^t tonopnipliy 3. Am ^\f?ainst corponilioris ilk-rrallv fonlii-d'.'&c III iion-nppciilaljlf case Oil nil til.'i iH'H at oiico ■ ' ' \ (Thai ailiiussioris Taxation of witn ('Ouiitcr-proof. 0'/, .-{L'O/., 3'J[>u 100:i-4 ;»Tt; 008, 110 i r.v2 cases. ess. Fail iifo to prorecd. I'ronfa taken do Ufl)roofs by cc 0( Wit Writt Dei >iiis to he assi<;rit.(l f '11 esses to I.e swori wn at IcHf/th :—Unw o/rocK-d )tlSt'Ilt or. en out. )()Sition. 2G.3-.1 280 2S4 2S.-J 2S(; i88 Proeediirc 28:t Object ir lOll.- Cl ow witne.'sses are ex Alt <).«111<' of,, amined. eratioiLs of- bv witn rjra.-^ures, &o. es,-' VV Otli 10 mu.st be present at— . ■er witnesses excluded.". Order of he Fail lire to proceed ariiig witnes.ses. 200 201 20'^ m 2!it; 29f; 208 290 /•oo/i.T.V^/roVc-:— Notice... '.■.".'.'.". Must be filed -^l' In circuit court. In coiUcstated ca IllSC Nod Bv c lurin<>: term I'iption ses Hi circu/i court -.—Evvry day ce. onsen t. 318 1070 1071 1072 107;i is taken orally.................. ^^P i) eiiiurrer, 111 another di,strict'. J 'roof before h Wit nesses ■mmmers .•— SufHcient cause 1074 1077 1078 300 Powers of examiner..".".".'.".". 'i^'^ Interrogatories on artlcuiated "fa'cts."."."."."."". ' Ret urn ot proceeding's J 'roof of Jl (V. Evide ■i'm/i '/> 304 305 30(> nes nee, Witness, fmprodation, /„.,, on Articulated Facts, Jury Trial.) 120- ntcrrogato- INDEX. Am. 520^/, .-JL'O/^, 3Ui>a c lOO,-]-.} f»Tt; io;iS,iioi i;^2 uses 2G:{-.1 2t;i; 280 'JSli 2s:! ;<-(l. 2.^4 2S5 2S(; 287 288 2S;» 2rto 201 OflO 2?:i '^4 '29r> 2!it; 29(; 2!*8 2a[) 317 318 107:» y day 1071 1072 107;: 1075 1074 1077 1078 300 304 •■.. 30! 305 300 220-2 oijato- Pkoi' EltTY 311 Art. Liahlc ti) sciziirp. .'ROTEST. Fo™s Xos.3-11 Photiio.not^iHy. Ju(lf?menl.s in vacation r,o I'owers of i'>|) In aliHcnce of judj^fo !.........,!.... .}t"ir) May adjourn court .......!!..!!. 4t;8 May order moneys to be paid .!...,......!'...... 7)3 In non-contentious proceedings ..'" i3;j3 Provincial SKcni;TAuv. Absence of judges n^o Petition of rif^ht j^g,> Provincial Theascrkr. Attachment fjjg Provincial deposit oki'ice 542 Provisional Possession :— (V. J'o.s.':esiiiou) 70H, 1327 Proxy. At sheriffs sale Q^f> PuiiLK'ATIOX. Sale of moveables ." 57v>-3 Sale of immoveal)Ies '//_ (j'iO-^ Of order to call in creditors .....'..!."....",!!.".. "" (jo'j Of sale by licitation ..r»29-;50-.3l PunLic Bodies (V, Corporations) Public Offices. Usurpation of— (V-. Usurpation) lOlG-21 Pcblic Officer. Notice of suit 00 Pi Q Q Q Q Q Ra Ra R. Rk Re *'" INDEX. Trial in anotliprdisfricl ^]^J- S(;iziire (if'sainrv '1^^' Miindamiis a},'ain.st heir (if............ lol^ I'rHCMASEli -.—At aheritPn mle : c"" I><'l»tor cnniiot IxTomc „.!. I{,v proxy ^'*'' I/asf bidder beeoiiieH ''^'' • ifTirmatioii of 2M ;evisi(>;i of jiidalo '''' onnties in district of— ''"'Jp iinlicue of city of— ,'.!!!!!." . .'* ^'.sBkncu {Appeal 5/7^ :-I'roceedi"ng3"' before I Ai>i>ral) 'ly sit in vacation. ...";;;;;;;;;:;;;;;;;;;;;;:;;;;;/' ^^'^'■^^^y- ION'S 270 itness may object to " „^. parties disagree ^'J; judges in appeal j^^g H ivilege creditors le onnimoveables'.'.'.".'.*.".'.".",".".".".''.".".'.'.".'.".".". ^^^7^, Title (V. Confirmation of titlp\ INPKX. 313 AUT. :^r->r, (\2h lOl'J G74 6T<; r.Ht; . 08.') r,095, 711/, 712 255 400 1117 r.-j i;i'>5 1358 before • 1114 f< nrq . 1 270 274 290 115G 552 606-9 724 949 .... .^7-8, 41 1133-4 Delay for nrisworiiip',... Proluiigiition of tit'lnv; Akt. 1135 ll.'ii; lO'J KECOlinER S COUUT. .lurisdictiuii in certain citie:> Evocation from Recusation. Action in an atljoiiiin},^ district 42 CrroMiuls of. "' Km'ct of ".v...."'.!!.".!!!!!!.!''."!.'.'"".'. Delay for making "".. Afliiiavit • Petition Proceedings '' Written proof " If maintained '.,'.........., If dismissed Party may renounce liis riglit to Judge may decline to sit .....' Of Artiitratorx Of Commin.^iuncrx: same^^auses as in courts .' In writing Effect of ^!"!!^!!!"!!;.'!^!!!^^! Of experts'. It valid !.!!.!]... Grounds for .........!....... Of judges inup/jcal: yanio causes as in s. c 1175 Redoitioxs de coMi'TEs. (\ . Accounl) 521 Rk-kntry. upon abandoned lands Olla-OllZ IS d 84 86 88 HH 90 J J 314 INDEX. Art. - (J 410 Rk-kxami.\ation. Of witness by counsel Of witness by jury Rk^khkk. Appointment by court kv .,... :u3a-34Vc Kkkeukxck. To accountants, experts, arbitrators, kc 321-40 lo statutes ,[ To advocates apj.oiiiteii by c"ouVt!!.'Z.V//,V.'.!'.343a-34'^/' Ti^c-iSTKus—Of civil stalus. Formalities ,„^, Duplicate j;;'!' Persons bound to keep.'".'.'.".".".'.".". vr^ .,^-1 Petition to rectify lov',! Persons interested called in Judj?rfient or rectification .. ProtlioMotarv Of authentic act 12:!!t . 1240 1241 1.339-40 12.-,2 \c _, ' J4'i KKI'IUMA.NDS. Courts i)roiioiiii('(' Repuisk n'l.v.sTA.vTK (V. ConliwMnce of, nil) i.;^ Rei'uisks ok wikk. Proceeds of— i'l vested , , Couliiiiiiition of title ', '_ ',^^' Kxeciitioii rn.'iy issue *•*..".'....'.".."...".".".'.! Ci Requkti-; civh.k.-CV. p.ati,,,, j,, rrvocniion nf nuh,- . ""'"0 ;.:....... 505-:. •Rksale kou falsi; iui.i.inc; {Fullr^tnchlrL). Wheu nnd Iiow demanded ,,„, U'liomay ilciiiaiid .'; , I'roceediiiL'-s suiuuiarv !',* , Liability of false ludd'er ,,r,.,"': I'urcliascr mav prevent '•/[ UntnecessaiT to elfect ,.','' deposit •• „ *;■'" (^"rtifieateofln-potl.ees '■■. *'^™'; (irouiid of niiliitv - - Claimants ma v demand..'.".".".*.".! -./, lOO KSCISSION. Of lease (V. hsmr ,in,l iwee) co? w . Ke.SIDKN'ck. ' Stated in writ . Resistance. Imprisonment - REsro.vnKxr. Appearance .. Appi.,,1 continued by .survivors .^'^ (V. Appeal) " ' liATlON. "^^^^^^'•"; ■••; i:jo3 XIT. — ( V . discontinuance). Ri Be KETritN. Writs K fleet Retur Conto (Jonte jMay b Contc ( )f vei Of opi Of wr Of wr <»f m: Ofliai Of exi Proc& Of wr Ofren Of exi Of eor Of mo Revexdic Attarl Revenues. Jurisd Kvokc Review he When Before Depos Inscri Elfect AViien Davf Roil f< Judgii Effect Xo an Writs Non-c Of jud Ofjud Of jud to INDEX. J17 llETrHN. WritH lOHects «>t iioii-iL'tu'.M , Il(,'tiirn of service AuT. 70 ->^ I Contents of retii;ii 7,s (Contested hy iin probation TO-l^lt May be a men (led SO 159 Contosteil on motion i:,() «)f Of centre fa rias. opposition^ r.«5 Of writ of execution (V. Kxeculion) I'.liS et serj Of writs of attachment before judj^'uiont 84f mandamus lO-jG Of hal)eas corpus 104'2 Of executions nxjui ('. U 10M8 Pr oceedings on sucn return I(i90 Of writs of apiteal ] 121-3 Of removal of seals i;i(»l-2 3()() !18 (f/ exai/itncr Of commissioners. Of moneys unduly paid over 7G ReVE.NDU'ATIOX. Attar /n:i'- III in 8C!G Reveni;es. Jurisdiction of C. C 1054 ^ 2 Evoked from C. C. 1058 Review hefghe tiiuee jcdge When may lie had 494 Before what judges 495 DefioKil 497 Inscription for review . 498 500 Elfect of deposit and inscrii)tion 499 When case mast be heard in Davr for .' Roll for hearinjf. Judgment "jOO lOO '.01 Effect of chanjre in the court 50.'?-4 Xo appeal where judsrinent conlirmed 504 Writs of certiorari j'jiM Non-contentions proceedii),L!,s l.'UO Of judgments on caiilai..... 823 Of judgments of C. C 1091 Of judgments lu suits for illegal detention of townships lands IIU 318 INDKX. Rkvision ■.~()fjuh)mnth Inj ,pj\nih '\',',^: III what rases ..', Petition and (i|)i)osifi()ii .^'.' (Jltjio-^itioii t(i 111' tiled .^V.V.'.VV/.V ".*"//. v.... k' l;llfrt ofriiicli opposition !...'."...'."" j!!^ -Notice given \' _ ,^, Maiiiti'iiancc of opposition '....".....'... ijVi' //'/o/v T/,n'r',fi,l^,s:—(\\ /.VcjV'H-) ...""! lu Of J.iry list ■ .].. IiKVOCATKiN. I'ftitioii in— of jnd'niK'iit r ,- (V. j'di/iun ) " 'i'''z::zz liKillTS. Sued for iK'foi'p jiroper court ]> Proeccdinfrs to enforce ".".'.*.*..".".." •'] THou,. ■< For -..roof (V. /'/v,o/") .,■.- For !.; arin rr ( V. J,'iycr/j>tioiij. ."."."...!!.' ..".'.'".',' .'.*.".'.".".".'.' "" ' ROTUHK. Seizure au.l sale of property lield-fH (571 iiULES OK PliACTlCK. Judj^cs may make .„ Applyiug in C. C ".'.'".".'.'.'.'." ](,v! Court of queen's bench .'.".".".!!."!." 1177 Safk-Kekping. <)f in cases of execution r^^^ In eases of attachment Irjfore judgment... ".".'.",'.'.1'.^ 847-8 SA(UIEXAV. Sittings of cor^fts in 1 .,- Ajjpeals from ..'.'......*.*!."....... i\\- Saisie-Auuet :— (V. Sciziin' /j// rfanm/unenf) 612 ef av,, SAisiE-AiutftT AVANT Ju(iEME.\T (V. Allac hnie?it).. 834 et mj Saisir.arrH simple :— (J. Simpffl attachment) 8'{5 Same-arnt en viain tierce .•— (Y. Aitachnicnt by garnisliment) ■_ ^.-- Saisie-Executicv {Y . Execution) SAisiE-(;A(iEniE -.—{J'Upar droit de suite) ' 373 V . Attachment for rent^ I-VIJKX. mo Sala !k-kkvi;\i)icati(.n(V. A/.'iil)lic oflici llttSllU'll. ^cliDo! tea (•lie iVc, Ztifc ol". J^ow .sued, M "lor niav sue \\ Sai,k — Of' Piihl Piil.l mona/i/ts ini(h r ''.r'Ciilion icatioii of ii(,ti( -Vol K'C N iciitioii Ml (.^iiL'bccaud Moiit: ew Notlcf val (Jiiardiaii. Sciziii^r oflicLT cai Aliriiitcs iiiot hid. Adj I'onalty iiuication and payincnt. '>i;ii-yulat('s order of sell I'll'-. larifo Debt iiS^FiS";;:!;::" ■.ita"-;;;;;;;;;^,,,.,.,,,,,,, ,, iJt'iiiaiid !o ai ti^.S KS7 'U . .>l)i ;>;>(» 5;((j Costrf of. iinil Cont () faint(! i)ar corj) PPositions to-(V. vcrho). Of inventoried (V. I>i>u Of 'nluri/). moveahi C'S. t;o() 782 580 i;nL'- Opi nnJf,;!;f:',^^r" "'i'/^'* f^^c«^^o,/( v:a^;;;;;; •osiiions to— V 0/ Ut immoveables of wiiidi il tiOll). >n)^y^■>, rj. sejj A>'A el nown. It' owner is uiik- an. curator : — Of tion. 'lerill').. property beloiigin 900 el «Y/ rOG H Of Foiiu of deed of g to a eorpo- ii:x. Sc Sk Sk Sk Sec A in, IKK Facias. Writ of T^ To annul letters iiatiioces>ion 127:1 Coinrnis.sioiuT l-~" Mimitos 128J :» ]lo\v seals are atlixed l-"^- ^Vili found I'i'^l Doors tastiMH'il I-'-- A (leclaration of oi)iiosition l-S'^ iletcreuces to judge 1-'^'^ !\Iinu1e.s tleposited^ 1-:"| Second lixin Order of collocation of costs of C0<> Roiuinil (if: — Applications for 1-!'- Deliiy for Vl'-':> WluMnay ilenumd l-'"i How applied for J-'mT Delay on suninions .sUO-K'.'iT Inventory ordered l-I'"' Procurator l'-'-^ Persons represented at 1-''!' Inventory i:ii"> Returns to Lo made b">"l "Wliat return must contain K*-"- Proceedint give 1 1'Jt How received 1 11' a deduction of 1 1.". 1 Frnm cirriiil court 114.'! How given 1144 ^\'iiiit suflicient 1145 Execution ot judgnieiit 1U(> (jonit to regwlat<' 1177 in suits fur illegiil detention of townsiiip lands //; iil'/iedl III pr/i'i/ riiiincll 1 170 On evocation from conunisiioners' court I'JOO-I {\.Sure(ie)<). SKOrcTION. Before commissioners' courts 1189 Skki.nouial RHims. Rents described in demand 52 No ojjposition (15!) Arrears ])urged by sheritf's sale 7in-;t:!() Kxeeution ". 1087 Sr.izuiu; nv (iAUNi8n.\n;.sT — iSiiisk-an''l). When resorted to <«12 How made OK} Debtor to be summoned 014 Garnishee served personally <)15 Effect of ' 6]t; Ciarnisliee declaration ; by a cor])oration 617 Before return day 018 Travelling expenses 020 Judgment against garnishee 021 Seizures by different creditors 022 Garnishees failing to dechire 024 Judgment on garnishee's declaration 025 Contestation 02G Things whicli cannot be seized 028 Negotiable paper &c 020 Distribution 030 Discharge of garnishee 031 Before judgment 855-865 In circuit court 1080 (V. AUaclnnen!, Ezccution). 322 INDEX, Skizchk. AliT Of nioveabl OS 111 cxcriitioii. SePAHATIOX ItKTWKKN CONSOIITS. Of profip.rhj :— Vomu; ok Autliorizatioii ,"_:; Furrnalitie.s .......'.,. n-i Any croilitoruiav in tcrveno '...".'..'. o-r Confossioii ." ■ '\' Kopriscsof i)laintiir .'.".'.'."" gi^ JiKlffnipnt, lunv cxociitcMl and publisiuMi.'^.'.'ir.'/ii'TS, 981 ConiniuiMty '__ ' q-n Wife's rL'niiiioiati(»n !!."!'.!..".'.'."!.'..'.". ggo Declaration i.y niarrie.l woman ("arrVii'iK on'tmVle 984 Confirmation of title ' ooo Immovcaliles in j)aymont ,jg4 From Bed and Board {do corps) : -Tk'ferenco'to civil code OQ' Venue '"' '^"■.' Necessary preliminaries".'.'."."."..'.'.'!! osr Attachment ^^]^ Revendication it' Provisions of trial, etc !.".'.'!!!!!!. V. noq bervice on wife separated .'.'.*.'!!!!!! !!!!!!!!! 07 ' Seqi/estration. Immoveables under seizure ain Demandsfor ^^^ During long vacation...!!!".'.".'.!!!!! 1 Nomination o^i Sale of perisliahle things!.'!.'.'.' a-Jo Lease of enjoyable riglits !.'.""." 38O Neither jiarty can become lessee p«i Repairs &c ^"^ Duties 11^ Order for " ^^ Discharge"of'se'q'ue'srr'd"t'or.'.".".!!!!!'. *^'^'' ^^^' S Orders of °°| Appointment hindered"!!!!!!.*!!!!!!!.'.'.'!!! ■■'!,■!!!!!!!!!!!! 880 Sequestkatou :-(V. Scqucsiration) ^ INDEX. 323 SEIUiEANT OF MIMTIA. May serve sumuioi); Art. HOG JSicn vn ail i)rocee(lin£?s 4(3') or jiul/ — (^V. Execution, Sheriff s sales) 708, 711 licgisters of 1243 Safe keeping of effects 508, 847-S Oppositions 585 Cannot bid 591 belling shares under execution 508 Moneys levied by 001 Execution against immoveables 634 Second seizure 642 May exact $4 047 Place of sale 671 May retain costs 705 Ktfect of sheriff's sales lOHetseq. Aut. CM 84 c,->u 71 ir)f) 4GG 4(J7 708, 711 ... 124!! 38, 847-S 58') ... 591 5!l,S .. fiOl ... G34 ... 642 .. G47 ... 671 705 )G et seg. iSKF.X. .{.jr, Coercive impri.'sonnient -^Jq Duty of— id exccutinrr a^tins RIt'^S DHcliarfririrr .U-htor on bail (V. Cnjiiai)!!^^^^',^'^^'' b->[)-30 I>ce,i I Convey .s ownerslii). ,'". Pmclia>er takes piopcitv ^n? A.ij.Klieation " VlL seivitii(ie,> ; r.° ^^ei Vacatn,;,ot:--M wlulsc instance efli^cted""" i;;;]! 7/4 Application foi 4i- DeUiy ; :)•': Ground.-^ of niillitv. .!!!". i , ' u ( bHU'.S. Service of summons on musters or mariners cg Sickness ok jri)(;E. Juilgmont diiring— (V. ./«Jy,.) jj-^j Sl(;.VATI-IiK. Denial of how pleaded , ,r „ ' 115 biTTlNda OF COUUTS. How re<,nilated , Uehavioiirof i)errion.s at ..'.".'.".' a i Maintenance of order during ] '.'.'.■.■"' A' „. 'T' 5v diHbrent judges at same tmie [..'. S Sl.wder. ]5efore commissioners' courts jj^g Sous-ORDRK :— (V. SuL-coIlQcaiioiA -7,-.. , Stamps. Omitted iu urgent oases .^- t, 4G7a Statement. Of facts (V. Articulation) Of impugned document ' ,,.0 Before referee ., , Of/act^, in jurv triaiy.'.".".".'.".".".".'.'.".*.'.'.!! '"S^ In abandonment of property t-g^ 326 INDKX. AUT. StATI'S. RogisterH of civil— (V. I %;/ inters) \2'M iSTATlTK.S. Abbreviated reference to 2G Stay : — {O/execulion). Order for 10f»4 III eiiije of luoveabk'.-i '>h;> In ease of ininioveiiljje.s Ojl Of jiidgiiieiit in aiipeal 1179 ]{y petition for revocation of JMdiimcnt 507-9 (ifproccediiif/s: — In niatV'rs of intervention loG-? Cunrt of Q. ]{. may order — in conrt Ijelow 1177 Stock. In manufactnring or financial associations (V. S/titraa). Stknookai'my :'>20u,'320b,.i'Jda STlilKINd. Of i)anel of jnrors (V. Jitnirs) 302 ct scq. Suli-COM-Ot'ATlON 753-0 SUIIMIHSION. Definition 1341 Wlio may enter into 134'J "What deeds of — mnst state 134t Mnst be in writing 1345 AVhen — l)ecomes inoperative KMS (V. Arbitrators award). SUH-OPI'OSITIOXS. Must bo served 754 SDIiOUNATION. Ground for recusation of expert 327-244 Subpo:n'as. IIow served, (V. }\'itncss) 248 SunSTlTUTIOX. Curator to 1205 (V. Tutor). SUC^ISSION. Jurisdiction 39 Dilatory exception 121 Appointment of curators to 1203 l.NDKX. 327 Art. Seals on property of r27r» Restoration of j»iipcrg, kc KiO.'J (V. /nveiitnru. SeaLi, Suh:K, Hinejil of mvenlori/.) Vacant: — When decnuMi so ITM Appointment of curator to vxvi How appointment id made \XVA Duties of curator to i;i:!4 Powers of curator 1.335 Must render accouiit^i of lM3r, Proceedings to remain of record 1.33ft Prothonotary 13.39 Decision subject to revision 1340 SuiJt'Ria 14 Suit.— (V. Action) On fon-ign or provincial judgments 42a— 42(/ Continuance of (V. Continuance) 434 Discontinuance of 450 Abandonment of. 395 Peremption of. 454 Summary Matters. List of 887 Delays , H91-2-3 Proof w()4-5-6 Judgment 898 Summons. Defendant summoned or heard IG Where— should be taken out in different kinds of &ciion3.—{Y . Jurisdiction, defendant. 34 42 Delays on 24 Suits in S. C 43 Writ of. 44 e\ seq. Delays on — In superior courts 75 In suits between lessors and lessees 890 In circuit court 1066 In prosecution for usurpation of corporates rights 1000 In prosecution for usurpation of public o{fice....75 1017 On mandamus 75 1024 On prohibition 75 1031 On scire facias 75 Un summons in commissioners' court 1194 Actions must be commenced by writ of. 43 By whom, and at whose instance 44 May be in English or French 45 By whom signed and attested 46 51 Absence of seals does not invalidate 47 328 m INDEX. To whom directed ao r,,' Tenor of. [.[ZZ'^'.Z:: 48-9 ^J I If scTeral defendants in different districts several writs must issue 4u Of defendant out of district In actions on bills of exchange writin 401 50-1 117 notes or private wnimgs 49 887 Corporated bodies how described in '49 Cause of action to be stated Object to be clearly described in May be amended .'.".' 53 May be served on Sundays orhoiydaysby'leave " „ ot judge ,•; ;;,, 54 Hours for serving rr Service of— how effected ".."Z;'.".'.'."'.', 56-7 Summons of defendant residing in same domVciie as plaintiff r^o Of several defendants ..!!!.'.!... 59 Of a general partnership ].'"'.' qq Of a joint stock company qi Of a partnership without a known'office..'.'."!."!*"!' 62 Utabody corporate q-^ Of foreign companies and executors ....'..'."."."." 42c G4 Ut church fabnque and vestries V.f, Of mariners ".^ Of wives :;;;;.;::; J5 Ofabsentdefeudant !>h In Upper Canada ;.■.■■.;: ^q Of prisoners '.!*.".'.'.'.'.! 70 Service of— in church, in court,"*oVon floor ofthe house ,,, At elected domicile .....,....'. -Jo When to be made returnable..".".'.*.".'.. 73 On whom bailiff cannot serve 74 p1^*«^ returned by or on day fixed ■.■;.".."."".'.';76 81-2 Oertilicate of service.,.. (V. return and service). Informalities in writ of May be amended 78 no If copy of— be incorrec"t.'.!".".".".".'.''.'.'.".". \\l Nullities, how waived }m Kelurn of service of— how con tested! !!'.".;.V.'.'."7. 159 m suits between lessors and lessees 890 in action of separation between consorts.. • 974 Formalities on - for usurpation of corporat"e ^^'^^ 998 etseq. INDEX. 329 Art. In actions against corporations illegally formed or exceeding their powers 998-9 SujnmoTifi in circuit court.— Provhnm?, concerning 1065 Delays upon 1066 Service of. 1067-8 In commissioners' ftlMr^— Delay upon 1194 Tenor and contents of. 1195 May oe served by bailiff or sergeant of militia 1196 If accompanied by attachment 1197 In non-contentious proceedings. — Delays on 1337 Sunday 54 73 SUPKRIOIl coniiT. Jurisdiction of 28 In matters of capias 808 (V. Jurisdiction, judge, pleading, review, appeal, evocation, «j'c.). Supplementary DEMAND 18 Suppression ok writings 9 Sureties How offered 515 Sufficiency how justified 516 Ground of objection to 517 Sufficiency of— how decided 518 Bond to remain of fecord 619 Acceptance of— decided summarily 520 One sufficient unless two specially required 520 For curator to abandonment 770a In appeal.— Judge may swear U26 In appeal from circuit court 1143 Qualification of 1145 In Appeals to Her Majesty .—Justify upon real estate; one sufficient '. 1179 In matters 0/ Capias :—(Y . Capias) 824 et seq. In matters of attachment 853 (V. Security) .' Surprise. Unexpected evidence 216 Surrender {DSlaissement) : — Of moveables or im- moveables 534 Voluntary— of an hypothecated immoveable 535 Curator 536 Powers of curator 537 330 INDKX. Surveyor. '^'*'''- Appointment of 940 Suspension. Ofjudgeof Q. B 1161 Place how supplied {Y . Judye) 1162 f-'J Judgment of Distribution :— 731 T Tales. Jury may be completed by 391 Tariffs op Fees. Promulgation of. 29 Penalty for exceeding .......T... ...... "".'... 29 For stenographers ......'.'.'.*.*, "320rt 320h Queen's bench (appeal side) may make ..".!.... '1177 Taxation. ' Of parties answering interrogatories on articulat- ed facts 233 Of witnesses ...'.'..,. 280 Execution for ".............. 281 Of costs of suits and revision thereof...,!.... "'. 479 Of guardian ■""' qqq Of costs in appeal ".»...!..........!....,.'. liY5 Taxes. Payment of municipal or school 719 Tender and Payment into Court. Definition of 53g How made ......!..."!!!,...*' 539 May be made at elected domicile......".".."!!!!!!!."!]" 540 Authentic document !....!!! 541 Renewed by pleading 542 Expense of tender ....!..'..'.'..".' 544 Sequestration in cases of— ../.!!!!!!!.!!!!!!!! 883 Tenements. Suits concerning titles to, are subject to ap- P*^al .,„„...... 1142,1178 Term. And sittings of courts 1 Courts may prolong or shorten "*".. 1 (Y. Courts). IKDEX. 331 . . ^"1 Art, Provisions relating to non-appealable cases re- turnable (luring 1093 Tkums. Circuit Court does not sit in— in city of Montreal 1059 Testamkntaky Execctok:— (V. Executor.) ' Testificandum. Writ of habeas corpus ad 253 Testimony :— (V. Evidence.) Texts. Interpretation of code in case of difference be- tween English and French text 1361 Thanksoivinc; Days : 2 Three Rivers. Appeal from district of. ..■ nn Banlieue of ,, 1358 Tierce Opposition ;— (V. Opp^rii^ca) 510 Tiers Saisik :— (V. Garnishee.) Timber. Penalty on persons cutting— on property taken in execution ', 646 Title. Confirmation of— (V. Confirmation) 949 Evocation of suits affecting— from C. C 1058 Defendant in suits for illegal detention of lands held in free and common soccage may plead adverse mo All demands affecting— are subject to ap- peal 1142 §3, 1178 Township Lands. Partition of held in common (V. Partition) 9I2 Possessory actions -. 1107 Trade. Formalities requifed to enable married woman, separated as to property to carry on 981 Traders. Governed by provision of Insolvent act 780 Transcript. Of record on appeal to Q. B 1120 ^2 INDEX. A DTI TKAN.SMI8SI0N OK RKCoui). (V. Record.) 2S Thbascrkr. Service upon provincial 615 Trial. PostponeTnent of 216 After delay for answering articulation of facts... 220 By jury (V. Jury) 348 et seq. Motion for nGVf 426 Trinity House. Jurisdiction of.. 1218-3 Evocation from, and revision of judgments of — by certiorari 1220-1 TCTOB. To minors 1262 Assistance of— in appeal 1154 Family council 1256 Tutor arf hoc. 1278 Removal of seals 1299 Powers of prothonotary 1339 Appointment subject to revision .'340 Pleads in his own name, es qualite 19 When liabl'' to imprisonment 783 Special— in cases of licitation 921 Tutorship. (V. Tutor). u Ultra Vibks. Act of parliament or legislature 20a Uncontested suits. Proceedings in— in S. C 89 et seq. Proceedings in — in C. C 1069 Unprovided cases 21 Upper Canada. Service of summons in 69 Urgency. Stamps omitted in case of, 467^ Usurpation. Of public or corporate offices 1016 Delays and formalities 75, 1017 Petition 1018 Tenor of judgment 1019 Costs 1020 INDKX. 333 tr A RT VAfANT .SUCCESSIONS. (V. Succession) 1331 el seq. Vacating of shkriff's sales. (V. Sherrifs sales.) 714 Vacation. Long Courts cannot sit (luring 1 How reckoned in delays. 4(33 Judgment by default by nrothonotary in"..'..'.,.".''' 92 Suits between lessors and lessees "" aaq Non appealable cases I'noc, nno J"^i^«"ts :.v.::::..^'}n2 VALUAtlON. Immoveable pronerty sold in execution 763 Of property confirmation of title 9(34 Of property belonging to minors, &c "i'2'08 e( seq. Valuators. (V. Experts). Venditioni exponas. Tenor of writ of. gg3 When only may execution of— be stopped ."....'.".'.'.".". 664 Vendors' claim. How collocated with builders' privilege 735-7 Venire Facias •.— Writ of. [][[ 372 How served ^>,. When returned 377 Proceedings on return of. 394 (J. Jury Trial, Jurors, Verdict). ............ Ventilation. Of charges on immoveables 735 Venue. Of personal actions 34_q .Of actions between consorts ].. '."," '''"''^. 36 Of suits in damages against public officers......*!!."36-356 In real actions 37-8-41 In mixed actions ...."............!!.!'.! 37-8 In matters of succession .,., '-q Of actions in warranty and" continuance' of suits ^Q Of actions when sole judge" of 'dV3trict''mav'"'be recused _ ^2 (V. Actions, Jurisdiction, suimnons) 334 INDEX. Art. Veroict. Jury fniliriff to agroc on 408 Jury may be pcrmitttMi to retire for the night 408 If they fail to attend again, liable for a contempt 409 Jury may re-examine witnesses as 410 Agreement of nine jurors sufficient 411 If jury cannot agree 412 Reception and entry of. 413 Special— if on an assignment of facts 414 General — If no assignment 415 Jurors may demand allowance 416-7 Must be upon all the issues 418 Costs of suit 419 Amendment of clerical errors in 420 Death, illness, or withdrawal of a juror 420 Delay for moving for judgment on 421 How motion for judgment on — may be opposed.. 422 Affidavit of juror as to reasons of rendering 428 Evidence that — recorded is not that intended 429 Arrest of judgment annuls , 432 Writ of error against judgment on 1114 (V. Juru Trial, Jurors) Veredicto. Motion for judgment non obstante 423-4 What are sufficient grounds for judgment non obstante 433 Verification. Letters of 1326a-1326n Vks.sel. Seizure of '. 560 § 3 Vestkies. How served withsummons 65 Vice. Admiralty No certiorari lies from the court of 1235 Viewers, (V. Experts) 321 ef seq Visites des lieux :— (V. Experts)..: 322 et seq Viva Voce. laterrogatories— in open court, &c 226 Ditto, before examiner 305 INDBX. 335 Art. VOLUNTAHY ExECDTION. Of judgment 514 g, ^^^ Voluntary SuRHENnER. Of hypothecated property 534-5 w Wages. Minor over fourteen may sue for 1193 Raftsmen's — privileged in execution ." ......". 552 Seamen's— may be recovered before J. F...- 12I6 Exemptions from seizure ...558 628 Sued summarily c ' 887 Warrant of arrest. Who may grant and when ^12 or '■" aiQ Tenor 813 Form of '"' 43 How long debtor may be imprisoned under..!.'.!..! 814 Duty of commissioner granting 815 (V, Capias). Warrant of attachment. By commissioner g42 J'«"o^o/ .■■.■!!!!!!.■.*: 843 Form of 4g How long effects may be detained under 844 Duty of commissioner granting §45 Warrantors :— (V. Warranty) Warranty. Stay of suit..... 120 §4 Delay to plead 122 Delay for calling in warrantors !!!!!!. 123 Form and contents of demand in .!!!!!! 124 Course of warrantor !!!.!!!!!!!!! 125 In real warranty .........!!!!!! 126 Warrantee may remain in suit .'.!!!!!! 127 Execution of judgments of !!. 127 Delay to plead ' 134 Warrantor niay plead asrainst warr.intcc T^/i In what court action in— should be instituted!!! 40 Delay to answer dilatory exception " los WiFK. Service on— separated from bed and bnnrrl (57 separated from bed and board. Service on— separated as to property , 67 336 INDEX. Art. Carrying on trade must register declaration to that effect 981 {y . Marriage , Commiiniti/, Reprises, Separation, if c). Will. Duty or connnissioner on finding one while affix- ing seals 1284 Withdraw Opposition to 658 Witness. About to leave the province 240 If i>re8ented by illness from attending Court, how examined 240 In another district 241-2 Examination of — in another district 1078 How summoned 244 May be ^worn before commissioner 241 Duces tecum 245 Summons of — residing in Ontario 246 For such purpose special order is necessary 247 Service in Lower and Upper Canada 248 Service in another district 461 Disobeying subptL'na 249 Travelling expenses 249 Who may be 251-2 Any person present may be examined as 250 Party to asuitas ". 251-261a Effect of relationship 252 When consorts may be 252 Habeas corpus 253 Must be sworn 255-28*7 How if a quaker 255 Form of oath to be changed according to relig- ious belief of 255 If witness refuse to take oath 257 Travelling expenses 258 Religious belief 259 Must know importance of oath and be compos mentis 260 Deaf mute. .-,. = . ,= ,. = „,,.=..,,, „,.,,,..... 261 Bailiff. 262 Judge may ask questions 263 Notes of evidence 264-293 May alter deposition before signing 264 Preliminary interrogations 267 INDEX. 337 Obiectiong to ■^"'''• Party cannot impeacii credit of hiTown o?? How examined ",^ How cross-examined......!!!". f,I, When may be re-examined ." ."ii How examined to prove identity of'any" ubiecV " may be called on to produce object of litiga'- tion if in possession thereof 070 May object to question if answer would" ■ci'imVnl ate himself ., Professional confidences '. :,tr Is bound to produce documents.!!!!!."! 07^ Coercive imprisonment ^i. May not ^yitlldraw without perm'ission!! 278 Examination of ^i^ Duty of judge to tax .'.".V.!!".".'.".'..".". .^i. How ^aza^ton may be enforced ^o. Foreclosure of party i/Ao Sqo Deposition of witness oalt Sommiasions from foreign courts.. What such deposition must contain... ooq Alterations ~°^ Examination of- V"«^>^e;"^^!!!.\\'!.V.!!!!V.".".".".".".!'"3"{4ei sfo^ Evidence of-how ^(ven be/ore a jury "39^7 How summoned to appear before eximimr..Z::' m Costs when summoned from beyond jurisdiction" 480 In suits between lessors and lessees.. ... sJ^ Depositions of— inc. C ,S How, in absence of judge {it,r How summoned in C. C. \mI %. I'^^h'T^''^- ^"^^'^ commissi"o"n"e";s"'""coui"t!!!!!. 209 Such court may compel attendance of. ^o^n Witnesses be/ore arbitrators 'wn? ,.i^ Commission {Rogatoire) to examine.!!!!!!.";."""" 307 39qfi Be/ore experts. May be summoned from any"dis- Evidence of !.!....'.......,..... oor (V. Proof, Evidence, Commissionersfor the emm- tnation of witnesses, Jury trial, ^c). WOMAN. (V. Wife) Workmen, Wages exempted for a part gjs Writ. (V. Summons, Appeal, Habeas corpus, Ezeeu- tton, g'c. .% 338 INDKX. Art Writinoh. Court may auo vtotu suppress- or declare libel- JudguK vate- louH, in all caseH brought belore them... rment by default in actions founded on pri-