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Lea diagrammes suivtints illustrent la mAthode. 1 2 3 1 2 3 4 5 6 r ZM '^. PP^WW i**tiiit>t> >«iii_;-^-^— '-^'^'^^^^^ AN ALPHABETICAL INDEX OF THE CODE OF CIVIL PROCEDURE OF LOWER CANADA. By L. W. p. COUTLEE, Student-at-Law. DAWSON BROS., 8T. JAMES STREET, A. 1)C»UT1:E * CO., COKNER NOTRE DAME h, ST. GABRIEL STREETS, BOOKSELLERS, MONTREAL ; AND M. L. CREMAZIE, 12 BUADE STREET, (QUEBEC. BiARKH k, Co., IJooK k Job PnivTERS, 54 St Francois Xavikh Strist, Montriai.. 1870. ^f't'^iyf »tf t i rtf > V i » > f > f t " >f fftf t M tf »»i»i I M »»>»» I » >>» ? >»»> >i nW »»>> " »>t» ' i i tsmamam: c A. Sti ^BJ^^^^lifl^WWWpp ^^^■^^P AN AIPHABETIOAL INDEX OF THE CODE OF GIVE PROCEDURE OF LOWER CANADA. By L. W. p. COUTLEE, Student-at-Law. A^l^t^^6^ Dawson bros., st. james^treet, A. DOUTRE k CO., CORNER NOTRE DAME & ST. GABRIEL BTBEE! BOOKSELLERS, MONTREAL ; AHD M. L. CREMAZIE, 12 BUADE STREET, QUEBEC. Starkb k Co., Book k Job PmuTKBS, 54 St Francois Xavibb Strbkt, Montbhal. 1870. « AN ALPHABETICAL INDEX TO THH CODE Of CIVIL PROOEDTJRE LOWER CANADA. -♦ Artiolb. Abandonment may be made by Debtoi- arrested under writ of Habeas Corpus 'oi Do. how effected Do. Notice of filing Declaration of 765 Do'. Contestation of Declaration of 773 Do". of Property Deprives Debtor of enjoy- ment of it y^^ Do. of Suit ^^^ Abduction of Evidence •• • „TJ *O0 Absence ot Judge ^gg Absentee Debtor ' Do. delay for appearance of ^ Abrogation of old Laws of Procedure ^..- ^'^^^ Account to whom rendered ■•••■ ,*;" Do. delay for filing Answers in support of 5-^ Do. Judgmenton ' Accountants Report of. • Do. may demand deposit Account, references in matters of " ^^- . "^"- ^° ;;;:;■;.: 521 Accounting g^^ Action of Boundaries ^^^ Do. Possessory Action, Suit may join different causes of _ . ...•..-- Do. to Rescind in Superior Court. How instituted 4d Do. Causes to be stated Do. to Annul and Rescind Adjournment of Com ts Pag«. 215 215 215 217 219 107 59 123 155 61 381 141 141 141 91 93 87 91 139 259 261 7 17 19 247 3 2 5W^ Article. Paoe. Adjudication of Moveables 598 161 Do. of Immoveables 684 189 Do. do. when perfect 706 197 Do. do. alwaji without warranty 708 197 Do. by Licitation 935 259 Administration of Justice, Divisions of Lower Canada for...'. 1355 375 Do. do. in New Districts of Lower Canada, Officers for . 1357 381 Advertisements, Deposit for 647 177 Do. Notice Preceding 649 179 Do. of Sale by Licitation . 929 257 Do. by Sheriff, what must be contained in 648 177 Affidavits, Superior Court, Commissioners to receive . 30 13' Do. Circuit Court, do. do. . 1060 295 Do. on denial of Documents 145 41 Do. of Juror, as to his reasons, &c., cannot be received. 428 115 Do. for Writ of Capias 798 223 Do. do. do. may be made by one or several j... 807 227 Do. to support Mandamus 1023 283 Do. for Habeas Corpus ad subjiciendum 104 1 289 Do. Forms of 419 Do. on opposition. Form of 425 Do. for Warrant of arrest. Form of. 441 Do. do. of attachment. Form of ... 445 Affixing Seals 1279 357 Alimentary allowance to Debtor 790 221 Amending Writ of Summons 53 19 Do. do. Time for 117 35 Amendment delay to answer 142 41 A ncient Boundaries 941 259 Annul Action to 887 247 Do. Oppositions to •• 657 181 Annulling of Letters Patent 1034 287 Answers to Interrogatories on Articulated facts 222 61 Do. may be set aside ••• 230 63 Do. Division of 231 63 Do. in support of account 529 141 Application to vacate Sheriff's Sale 716 199 Appeal from Judgment of distribution 761 213 Do. from Judgments on opposition to marriage... 996 276 Ur t ^ ■!^ -(- Abtiolr. Paoh. Appeal Courts of Error and 1117 311 Do. from Interlocutory Judgment must be allpwed by Court of Queen's Bench 1119 313 Do. filing reasons of 1133 317 Do. delay to answer reasons of 1135 317 Do. how brought 1148 321 Do. Proceedings in (General Provisions) 1154 323 Do. Quorum in 1156 323 Do. Recusing Judges in 1157 325 Do. Absence of Judge in 1161 325 Do. Completing Record in 1165 325 Do. Intervention in 1166 327 Do. Discontinuance in 1167 327 Do. Costs 1175 329 Do. Execution of Judgments in 1176 329 Do. Orders, Rules and TariflFs in 1177 329 Do. to Her Majesty 1178 329 Do. do. Security in 1179 331 Do. do. does not stay Execution 1179 331 Do. from Judgments Superior Court 513 137 Do. do. do. do 1114 311 Do. do. Circuit Court 1142 319 Appealable Cases, provisons concerning 1069 299 Appearance 83 25 Do. in Lessor and Lessee Suits 891 247 Do. Form for 449 Do. Non.— 86 27 Appendix Forms in 1359 381 Do. 387 Appointment of Examiner 301 81 Arbitrators 321 87 Do. Court may refer dispute to 341 91 Do. need not be sworn 342 91 Do. Formalities observed by 343 91 Do. Cannot award Costs 343 91 Do. May demand deposit 344 93 Do. , Homologation of award of 347 93 Do. * in partition 917 253 Do. in Submission 1341 ii71 Do. Do. Appointment of 1343 371 Do. Do. Must hear parties 1346 373 Do. Do. Recusation of 1349 373 Do. Do. Awards of 1351 371 AsTioiiK. Pagb. Arbitration in General 1341 373 Array challenging the • 377 105 Arrest of Judgment 4»3l 113 Do. Do. Motionfor 424 113 Arrest when it cannot be made 785 219 Arrgt Simple, How eflfected 836 236 Arrears of Cms et Rentes, no opposition for payment necessary 719 199 Do. of Cms et Rentes CjoWoc&tion of :. 734 205 Articulation of facts when liiade . 207 57 Do. do. what it consists of 208 57 Do. do. Delay for Service 209 59 Do. do. Documents to be filed with 210 59 Do. do. Answer to 211 59 Do. do. When proved 212 59 Do. do. Costs of proof of 214 59 Do. do. May be dispensed with 217 59 Do. do. Interrogatories upon 221 61 Do. do. Examination on 402 109 Do. do. Not necessary in Non Appealable Cases 1098 307 Assessments, no opposition for payment necessary 719 199 Assignment of Error, filing 1133 317 Attachment before Judgment 834 233 Do. Simple 834 233 Do. simple how effected 836 235 Do. Warrant of. 842 235 Do. return on Warrant of 846 237 Do. advance to Officer executing Warrant of. 847 237 Do. of garnishment 855 239 Do. in Revendication 866 241 Do. for Rent 873 243 Do. of moveables of a community by wife.... 987 273 Do. in Commissioners Court 1191 333 Attorneys' change of 200 57 Authentic document Judgment in Action on 90 29 Authentication of Registers 1238 345 Award of Arbitrators, Homologation of. 347 93 Do. Do. in submissions .... 1351 373 Bail discharge upon 824 231 Do. when oflfered 826 231 Do. of persons under fiafteos Corpus 1046 289 Do. bond, form of 443 A ' / ± AsnOLK. Paob Bailiff who] is interested in case cannot make service... 74 23 Do. who has made service cannot be a witness in support of Plaintiff's demand 262 73 Bailiff's fees, Commissioners' Court 1215 339 Do. can be witness only to prove Service, in Su- perior Court 262 73 Do. do. do. do. in Com- missioners' Court 1209 339 jBawKctt of Quebec and Three Rivers 1358 381 Bed and Board, separation from 985 273 Do. petition for separation from 986 273 Benefit of Inventory 1321 367 Bidder must declare his name 674 187 Do. deposit by 678 187 Do, false, liable for damages 693 191 Do. do. liable for balance if re-sale do not cover amount of first purchase 695 191 Bidding and Sale 665 V::3 Do. Re-sale for false 690 191 Bids filed what they must indicate 668 185 Do. in Sale by Licitution 934 257 Do.of Creditors. ..; 959 265 Boundaries, Actions of 941 259 Do. Ancient 941 259 Caliino Case in absence of Judge 1094 305 Cancelling letters patent of land 1039 287 Capias ad respondendum 797 223 Do. do. Issuing of... 797 223 Do. do. How to obtain writ of 798 223 Do. do. Cannot issue against certain persons 805 227 Do. do. to whom addressed 809 227 Do. do. by whom issued 809 227 Do. do. Abandonment of Pro- perty under writ of 763 215 Do. do. Execution of writ of... 816 229 Do. do. Contestation of writ of 819 229 Captains of Ships, Service on 66 21 Case may be called in absence of Judge 1094 305 Causes of action to be stated 50 19 Certificate of Hypothecs, What it must contain 700 193 Do. do. Form changed by order in Council 703 195 Do. of Registrar may be contested 738 207 6 Abtiole. Page. Cortificato cf Registrar amrmding 739 207 Do. do. ifl proceedings for confirmation oftit'.e 955 2o3 Do. of Foreclosure 137 41 Do. of filing Opposition .,...„ , 488 13i Certificates, form of ,... 413 Do. of oath of expert, form of. 423 Dov form of Registrars 431 Certiorari Circuit and Superior Courts have concur- rent Jurisdiction by means of ,. 1056 293 Do. Commissioners Coujt may issue Writ of... 1220 341 Do. do. do. Judgment on 1231 343 Circuit Court Clerk may issue Capais 810 227 Do. do. Clerk acts as, Officer of Superior Court when iscmng Capias.... 811 227 Do. do. Powers and Jurisdiction 1053 291 Do. do. Rules applying to 1059 293 Do. do. Clerk may administer oaths .. 1059 295 Do. do. CommisLJoners of Superior have like powers in 1069 295 Circuit Com t when held 1061 295 Do. do. Designatior. of 1062 295 Do. do, Jurdisdiction of 1063 297 Do. do. may be held by two or more Judges sim- ultaneously 1064 297 Do. do. Ordinary procedure in 1065 ,297 Do. do. Summons in 10C5 297 Do. do. Evidence in 1074 30i Do. do. Proof in 1075 301 Do. do. Executions aro returuablo in Superior Court 1088 305 Do. do. Appeals from Judgments in 1142 319 Civil Status, Registers of 1236 346 Do. do. muft be attested 1236 345 Do. do. Puplicate 1237 345 Do. do. \Yho are:)Ound to fulfill laws of 1238 347 Church /'(i/>n«/i5 21 Challenges of Jury 376 101 Changes made by witness must be noted 294 79 Charges, opposition to secure 659 181 DOk on immovables under eoizuro. Opposition tr-. 060 183 Do. of Judge, objections to 405 109 nUnrxr.-. r>f A »f r.ril.lr a ., ...^ „ 2'JO 57 I ■'■• I I Article. Challenging array 377 Do. Forcause 382 Do. Principal causes of 384 Do. to the favor who decides 387 Claims for payment oppositions not necessary 719 Do. in distributions of monies levied in Execution 604 Code DiflFerences and inconsistencies in texts of 1361 Coercive imprisonment 781 Collocation of Judicial costs „ 606 Do. Amount to remain in Sheriff s hands 758 Do. of Monies 724 Do. Sub of Monies 753 Do. each to form separate article 726 Do. of law costs , 728 Do. of Claimants 729 Do. of Hypothecs 730 Do. of life rents 733 Do. of Interest and arrears of rents 734 Commissioners to receive affidavits 30 Do. of Superior Court 30 Do. for examination of Witnesses 307 Do. for examination of Witnesses, Choosing of 309 Do. Return of 313 Do. of Superior Court have like power in Circuit Court 1060 Do. Court, Jurisdiction of 1188 Do. do. Attachments in 1191 Do. do. Execution and return of attach- ment 1192 Do. do. Minor may sue for wages in.... 1193 Do. do. Summons, delay on 1194 Do. do. what Summons must contain... 1195 Do. do. who may serve Summons 1196 Do. do. Evocation to Circuit Court 1198 Do. do. Improbation of aot or document Evokes to Circuit Court... 1199 Do. do. Transmission of record 1200 Do. do. do. security for 1200 Do. do. who may bo Attorney in 1203 Do. Hearing and Judgment 1206 Comraorcinl papers, seizure of , 566 Commissionurs Court Arbitrators is, ,,,„...-------,.--= 1207 Paqe. 103 103 103 105 199 163 383 219 163 213 201 213 201 203 203 203 205 205 13 15 83 83 83 295 333 333 335 335 335 336 335 336 336 337 337 337 337 153 RA1 8 ASTIOLE. Commissioners Court Written pleadings not neces- sary Do. do. Oral Testimony admitted. 1209 Jl)o. do. Bailiff can be witness only to prove service 1209 Do. do. may compel witnesses to attend 1210 Do. do. may adjudge costs 1211 Do. do. warrant of execution and seizure of moveables. • 1212 Do. do. Opposition to sale of moveables cannot stay proceedings unless by order of Com- missioner 1213 Do. do. Oppositions, how determined... 121-* Do. do. Emoluments to Clerks, BailifTs &c 1215 Do. do. may be appealed from by Writ of Certiorari 1220 Do. to affix Seals..... 1280 Company Service of joint Stock made at its office ... 61 Do. Service has no effect on purchasers of shares till reasonable time for notice expires . 567 Complaint on intrusion or usurpation of public offices 1016 Compulsory partition 919 Communication of their Minutes to the parties — No- taries bound to give 1245 Gompulsories 1247 Do. Service of Judge's order on Notary must give time for compliance 1249 Conditions of Sheriff's Sale 675 Confession of Judgment, Superior Court. 94 Do. do. Commissioners Court, Judg- ment on 1206 Do. do. Circuit Court 1095 Confidential Revelations to a witness in his professional character cannot he forced from him 275 Confirmation of title 949 Contempt of Court, Court may condemn at once for. 7 Contradictory grounds in same pica are of no effect unless party chooses between them 146 Continuance of Suits 4-34 Continuance of Suits effected on petition 439 Contestation, proceedings in Circuit Court before 1069 Paoe. 339 339 339 339 339 339 339 339 339 341 357 21 153 281 255 349 349 349 187 29 337 305 76 261 5 43 117 117 299 t t Artiole. Contestation Circuit Court subject to provisions of Superior Court 1070 Do. Superior Court, provisions concerning... 107 Do. upon Merits 136 Consorts, Separation between !^72 Copy if incorrect. Plaintiff on paying costs may fur- nish Defendant with a correct one 118 Coroner acts Tar Sheriff in oases where he is ii. tercsted 4-66 Corporate offices, Complaint of usurpation of 1016 Corporations, Oath to 44b Do. Illegally formed ^'^'^ Do. Proceedings affecting !^97 Do. To be prosecuted by Attorney General in certain cases 997 Do. General provisions 1032 Do. Special information to Superior Court or Judge and authorization of Court must precede issue of Summons in prosecutions of 908 Do. Service of Summons in prosecutions of. 999 Do. Delay on Summons in do. . 1000 Do. Appearance of Defendants in prosecution of 1001 Do. Pleading of Defendants in prosecutions of 100 J Do. Proof by Plaintiff and Defendants do. 1003 Do. Rebuttal of Defendants proof do. 1004 Do. Court may extend delays 'do. 1005 Do. Exceptions to Information do. 1006 Do. Costs may be levied on properly of Cor- poration, or upon the j te proper- ty of the Directors in prosecutions of 1007 Do. when dissolved a Curator is appointed... '008 Do. Curator must be sued for debts of dis- solved 1012 Do. Curator to sell property of dissolved.... 1013 Costs losing party pays all 478 Do. of Seizure may be demanded by Sheriff f)68 Do. of Sale must be taxed by Judge or Prothonotary (100 Do. Collocation of Judicial 606 Do. allowed Sheriff to be retained out of monies levied 705 Do. of opposition for payment not allowed 721 Do. Collocation of Law 728 Do. Court declining itself incompotont may award. 115 B Paor. 299 33 39 2bi> 35 123 281 119 275 275 275 285 277 277 277 277 277 277 277 279 279 279 279 279 279 127 155 161 163 197 201 203 33 10 Artiolk. Costs of Proof of Articulation of facts paid by party denying them 214 Do. to Experts, &c., and their recourse for them.... 344 Do. cannot be pronounced upon in verdict 419 Do. on Pretemption, Court may condemn PlaintiflF to pay 460 Do. of Service of papers out of District 461 Do. borne by Plaintiff if opposition is maintained... 491 Do. in Partition awarded in discretion of Cou»t .... 918 Do. in Comniissionerg Courts 1211 Do. in Appeal, Party appealing within fifteen days must give security for 1143 Do. do. to be taxed by Clerk and revised by Judge 1175 Councils— Family— to provide tutors &c 1250 Counter-Application to throw out Report of Experts. 34.') Do. Proof taken by a Judge ,. 282 Do. do. taken down at full length 298 Creditor may retain purchase money at Sheriff's Sale G88 Crown preference of in certain cases ti07 Do. do. over Chiragraphic Creditors Gil Cross Examination 271 Curator to abandoned property, appointment of 768 Do. do. do. Rights of. 772 Do. to surrendered propety, appointment of 536 Do. do. , do. Rights of. 537 Do. to dissolved Corporation, appointment of...... 1264 Do. bound to take oath before acting as such 1266 Do. named by beneficiary heir, 1320 Do. to Vacant Succession 1332 Do. do. do. Oblications of 1334 Current money Seized, inventory must bo made of.... .^)04 Damages may be had against defaulting Witncsr- .... 249 Deaf Mutes may be admitted as Witnesses 261 Di'cisory oath 443 Diicision of Non-appealablo Cases 1104 Do. Subject to Review by three .Judges 1340 Declaration of Garnishee 617 Do. do. Delay to contest 864 Do. of abandonment, tiling 765 Bo. * do. may be contested within a certain term 773 Deed by Sherifl— what it must contain , 689 Pagk. ^4- 59 93 111 ' 121 121 131 ■*■ 255 339 321 \ f 329 ^ , 351 93 77 79 ISO 163 '■^' 165 75 215 217 143 * ^ 143 ; 353 * s 353 307 369 369 153 1^ 09 ■1"'^ 73 4- 110 " i ' .307 1 .371 < 107 241 215 m, 217 189 f I *f. \ ( V yjL, i I t 11 Article. Deed entered i'ov non-appearance. 8G Default, Judgment by (for non-appearance HI) Do. Do. Defendan t may be relieved from ?^7 in action on Bill of Exchange, Note, CedukkG., &c., judgnieat may be rondcred out of term 8!l Do. to accept (tender) putting in .538 Do. Delay in judgment by .552 Delay for summoning runs on Sundays and Holidays. 24 Do. do. .neither day of Service nor ter- minal day counted iu 24 Do. do. in ordinary cases 10 days 7.5 Do. for filing pleadings, S days 110 Do. for calling Warrantors, 8 days 123 Do. to answer pleas, 8 days 138 Do. do. amended pleas counts from date of amendment 112 Do. to serve articulation of facts, 2 days 20!) Do. of Defendant foreclosed from pleading, one day before proof 'iill Do. 1st. of September next day after 9th. July in reckooing 4(;3 Do. before Execution of judgment, 15 days 551 Do. in judgment by default, one year 552 Do. do. do. do. does not apply to judgQientsfor wages, &c., for conveyance or manufacture of Rafts attached for pijy- ment 552 Do. to Contest report of Distribution, 8 days from Monday following entering on posted list. 742 Do. to Contest declaration of Garnishee, 8 days after judgment 8G4 Do. to answer reasons of Appeal, 8 days 1135 Do. ou Summons in Non-coatentious proceedings. . . 13 i? Demand Supplementary to remedy omi.^sions. 18 Do. Exhibita must be filed before proceeding with 103 Do- in Warranty must be special 124 Do. Incidental •. 141) Do. to annul letters patent, how made 1035 Do. for answer tv reasons of Appeal must be made 4 days 1 - ''no Respondent can bo foreclosed 1 135 Demurrer pleaded wlicu facts alleged give no right of action , 147 Do. by Respondent in Appeal 1130 Paor 27 27 '^7 27 1i3 147 !) 9 23 33 37 41 41 5!) 85 123 117 147 147 209 241 317 371 V 31 37 45 287 317 43 317 12 Abtiolk. Paok Denial of doouments aooompaDied with affidavits 145 41 Deportment in Court 4 5 Deposit with preliminary exception 112 33 Do. for Experts, Arbitrators, &c 344 93 Do. with Prothonotary to obtain review 497 133 Do. by Bidder at Sheriff's sale 678 187 Depositary, Rights of. 562 153 Deposition when taken 255 71 Do. to be written out at full length 288 79 Do. what must be contaiaed in 289 79 Do. Questions may be written in body of 290 79 . Do. objections to be inserted in 291 79 Do. Conclusion of 293 79 Description of thing demanded in Summons 52 19 Detention of lands, illegal 1107 309 Differences in texts of code 1361 383 Discontinuance of Suit on paying costs 450 119 Disavowal of Attorney ad! Zif em 192 55 Do. do. by whom made 194 55 Do. do. made by filing declaration 195 55 Do. do. staysaction 197 55 Do, do. procedure same as in ordinary suits 198 55 Do. do. If maintained places parties its before acts were done 199 55 Discharge upon bifil 824 231 Do. From Hypothecs 949 201 Do. of Garnishee 631 171 Do. Debtor may obtain 793 221 Do. of Defendant appeal from 823 229 Discontinuance in appeal 1167 327 Districts for administration of Justice in Lower Canada 1355 375 Do. do. Chief places of 1355 375 Dismissal of suit by incompetent Court 114 33 Disqualified persons, sale of immoveables belonging to 1267 353 Dissolution of Corporation forfeiting rights . 1008 279 Dissolved Corporation, Curator to 1008 279 Do. do. suit for debts due must be brought against Curator 1012 279 Dispossess, Order to 712 197 Distraction of fees to Attorneys, at? lites 482 127 ; ^^i .^■. I t I I I 13 Abtiole. Paqe. Distribution of monies levied by Sheriff. ..„.. 601 161 Do Prescribed order for 605 163 Do. Prothonotary to prepare scheme of 724 201 Do. Name" of parties, &c., to be mentioned . report of 725 201 Do. may be suspended by Prothonotary 735 205 Do. 8 days delay to contest, report of 742 209 Do. Contestation of 743 209 Do. do. not necessary to be filed .... 743 209 Do. do. Copy to be left with party interested 743 209 Disturbing Court punished by fine 7 5 Division of debt by Creditor 15 7 Documents, Inspection must be allowed by Notary on payment of fees 1245 349 Do. Copy may be deposited in place of original which has been destroyed 1 252 349 Do. Impugned descriptive statement to be drawn up by Prothonotary on deposit of 168 49 Do. Impugned no Copies delivered without order of Court 174 51 Domicile in Superior Court election of. 84 27 Do. of Advocates to be within one mile of Court House 85 27 Do. of seizing party is of Sheriff's Office 639 175 Do. in Circuit Court election of 1139 319 Dower, Sheriff's Sale does not discharge 710 . 197 Duplicate llegistcr of civil status remains in hands of Priest, &e., and must be well bound ". 1237 345 Effects, Debtor may determine order of sale of 595 161 Effect of Sheriff's Sale 706 197 Emphyteusis not discharged by Sheriff's Sale 710 197 Error by Clsrk, may be amended by order of Court... 420 111 Do.' and Appeal from Judgments of Superior Court 1114 311 Do. do. Courts of 1117 311 Do. do. Writ in 1121 313 Do. do. Jlxccptions and demurrers 1130 317 Do. Filing assignment of 1133 317 Bvidonce, Abduction of 216 59 Do. in Superior Court to bo taken down in writing 236 65 Do. must be road to witness 264 73 14 lii. i Abtiole. Evidence, in lessor and lessee Suits to be taken down in writing 896 Do. before Jury given orally 397 Do. in Circuit Court may be taken orally 1074 Examiner, Proof before 300 Do. may be appointed by Court 300 Do. Rule must specify delay for proof before... 301 Do. must give parties eight days notice of place 303 Do. How witnesses are summoned by 304 Do. Answering interrogatories viva voce before 305 Do. must make return 306 Examination (Cross) of Witnesses by opposite party. 271 Do. on Articulation of facts 402 Do. of Witnesses about to leave Lower Canada 240 Examination of Witnesses Superior Court 254 Do. do. Commission for 307 Do. do. Choosing Commissioners for 309 Do. do. Return of Commissioner for 313 Do. do. in Circuit Court, may be held in another Circuit 1078 Exceptions, All must be filed in four days from Return of Writ 107 Do. Answer by Plaintiff within eight dajj.... 108 Do. Replication to answer to, must be filed in eight days 109 Do. Deposit with preliminary 112 Do. Declinatory dismissal on -.... H3 Do. a la forme Grounds to be pleaded by 116 Do. dilatory. Suit may be stayed by it in cer- tain cases 120 Do. of discussion. Rules of 130 Do. What may be pleaded by peremptory .... 136 Do. to information in prosecutions of Corpora tions may be set up by defendants ... 1006 Execution of Judgments, Voluntary 514 Do. Writ of, issued and addressed to Sheriff ... 545 Do. Compulsory, General provisions 545 Do. in Real actions (writ of possession) 549 Do. Officer must draw up minute of his proceed- ings or Writ of. 550 Do. in personal actions, 15 days delay after Judgment 551 Do. Seizures to be made between 7 a.m. & 7 p.m. 574 Page. 249 107 301 81 81 81 81 81 81 81 75 109 67 71 83 83 83 301 33 33 33 33 33 35 35 37 39 279 139 145 145 145 147 147 167 > »4. t 4 > »f r f '4^' 18 AeTIOLR. PAOft. Execution Seizures maybe made on Sundays, holidays when property is on the high- way in cases of fradulent re- ' moval 575 157 Do. Of moveables under , 589 159 Do. Officer conducting sale cannot receive more than price adjudicated 594 161 Do. upon Immovables can only bo made on those of Judgment Debtor 632 173 Do. Seizure of Immovables in 632 173 Do. Return must be made on day appointed... 697 193 Do. of Writs of Capias 816 229 Do. of Judgments Circuit Court 1081 303 Do. of Judgment of Separation of property 981 271 Do. in Circuit Court are returnable in Superior 1088 305 Do. of Judgments not exceeding $40 on Move- ables 1102 307 Do. do. in appeal 1176 329 1^0. not stayed by appeal to Her Majesty 1179 .331 Do. of proceedings in Commissioners' Court .... 11 92 335 Exemption from service as Jurors, Who are entitled to 360 97 Do. from seizure, What things are entitled to . . . 557 151 Exhibits, Filing of on return of Writ 99 31 Do. Copies may be filed 100 31 Do. Cannot be received in Blank 105 31 Do. Designation must be filled up in list of 105 31 Ex parte proof 317 85 Do. when Defendant is foreclosed PlaintiflF may proceed 143 41 Experts, Court may order investigation by 321 87 Do. order must specify matter to be verified by . 322 87 Do. investigation made by them 323 87 Do. summoning parties to appoint 325 87 Do. ground for accusation of. 327 87 Do. must be sworn 330 89 Do. oath must be in writing 330 89 Do. do do do taken before a Judge, Pro- thonotary or Commis- sioner of Superior Court 331 89 Do. to fix time and place of investigation 333 89 Do. may administer oath to witness ... 334 89 Do. Evidence to be written down, certified an- nexed to Report of. 335 89 m IM 16 Artiolr. Paob,. Experts, Report of 336 89 Do. may be summoned to file Report 338 91 Do. may demand deposit of Costs, &c 344 93 Do. Report, if received forms part of Evidence. 346 93 Do. to detcrmipe respective value of immoveables 736 205 Do. to view property in partition 922 255 Do. to determine value of property, of which Confirmation of title is sought 964 267 Do. named by tutors to determine value of im- moveables, Report of ..... 1268 353 Do. do. do. do. do. Submitted to family councils 1272 355 Do. Form of oath of — 423 Extortion byselling oflBcer 594 161 Facts, articulation of 207 57 Do. do. Interrogatories on 221 61 Factum in Trial by Jury to be delivered to Protho- notory under scaled cover 393 105 Do. in Appeal Filing 1140 319 Failure to take advantage of nullity, waves them 119 35 False bidding, Resale for 690 191 False bidder liable for damages 693 191 . Do. do. do. for Balance if resale do not cover amount of first sale . . 695 191 Family Councils. to appoint tutors 1250 351 Fees for Counsel &c.. Judges of Superior Court may make 29 H Do. Attorneys ad lites may demand distraction of. 482 1 27 Do. in Commissioners Courts 1215 339 Filing of Exhibits - • 99 31 Do. Opposition to Sale 487 131 Do. do. Suspends Sale 488 131 Do. do. Prothonotary must grant certifi- cates of 488 131 Do. Inscription for Review 498 133 Do. Statement of Abandonment 764 215 Do. do. do. Notice to be given to Plaintiff 765 215 Do. '3. do. by imprisoned Debtor 767 215 Do. Bids at Sheriffs office 665 183 Do. factum ia Jury Trial 393 i05 Do. Notes of Evidence in Jury trial 398 1 07 Do. Reasons of Appeal or assignment of Error 8 days delay, for closure after 14 days 1133 317 i ^ ^ i ■»■ IT Abtioli. Paob. Filing Assignment of Error (su Taslast) 1133 317 Do. Factum in Appeal 1140 319 Filed bids must be accompanied with Affidavit 666 185 Do. do. What must be indicated by 668 185 Do. do. Sheriff must endorse date on 669 185 Do. do. to be furnished to selling officer 670 185 FinalJudgment 468 125 Final hearing and proof, Inscription for 243 67 Form no particular one necessary in Judicial Proceed- ings •••• 20 7 Do. of certificates — 413 Do. of affidavit — 419 Do. do. on opposition — 425 Do. do. for warrant of arrest — 441 Do. do. do. of attachment — 445 Do. of appearance — 449 Do. oath of expert — 423 Do. of Registrars certificate — 431 Do. certificate ofoath administered by Commissioner — 4g Do. of oath administered to witnesses — 423 Forms in Appendix 1359 381 iT>rma Pawpms, pleading in 31 15 Foreclosure by-law, from filing Ill' 33 Do. to Plea to Merits 131 39 Do. Certificate 137 41 Do. from answering reasons of Appeal 1135 317 Force to be used by executing Officer 548 145 Forgeries, denial of Signatures 145 41 Franc alleu, seizure of lands not held in 671 185 Garnishment SEizLii^, by 612 165 Do. attachment by 855 239 Garnishee declaration of. • 617 167 Do. expenses of. 620 169 Do. discharge of 631 171 General provisions 1 3 Guardian, Rights of 562 153 Do. must produce effects at sale .' 590 159 Do. entitled to discharge or receipt for effects... 596 161 Do. may be forced to produce effects or to pay the amount due 597 161 Habeas corpus ad testificandum..... 253 71 Do. do. in civil matters 1040 287 Do. do. cMZsM&yicteiec^MW, affidavits in support of 1041 289 C 18 K! f' w Abtiolx. PlOli Haheat corpus ad subjicieiedum, Writ issued in same manner as any other and returnable with- out delay 1042 289 Do. do. do. Writ served person- ally 1043 289 Do. do. do. Contempt of Court not to comply with 1044 289 Do. do. do. Proceedings in re- turn of 1045 289 Do. do. do. Controversion of re- turn 1046 289 Do. do. do. Controversion of re- turn proceedings same as in Queen's Bench and Superior Court 1049 291 Do. do. do. Costs of Contest- ation and Execution. 1050 291 . Do. do. do. if refused applica- tion cannot be renewed 1051 291 Hearing in Circuit Court 1071 299 Heirs, public notice must be given of sale by 1315 365 Heir, Notice mustbegiven by benefiiciary 1322 367 Do. Formalities in sale by beneficiary 1324 367 Do. Consent of Creditors to sale must be obtained bybeneficiary 1325 367 Do. Curator must be named by beneficiary 1326 367 Her Majesty, Appeals from final Judgments may be made to 1178 329 Do. do. Security to be given in Appeals to 1179 331 Do. do. Execution not stayed by Appeal to 1179 331 Homologation of Award of Arbitrators 347 93 Do. of Report of distribution, Motion for. 749 211 Do. of Award may be granted by Judge or Prothonotary 750 2l'i Holidays, Non-juridical days 2 / Hypothecary recourse against immovables 900 249 Do. Creditors, Oppositions of 1957 265 Hypotheoc, Certificate of 698 193 Do. What js included in tern; 699 193 Do. WLm Oerti^cate must contain 700 193 Do. ircr. ;o /Jiiiutation of Seignorial rights &o. &t not discharged by Sheriff's sale.......... 710 197 •,S' ,^, t •,S' .^... «^ 19 Aktioli. Paoe. Hypothecs, Collocation of. 730 203 Do. With term become exigible by Sheriff's sale 732 206 Do. Property may be freed from 949 261 Do. Discharge from 949 261 Illegal DETENTION OF LANDS 1107 309 Immoveables, Execution upon 632 173 Do. in Execution, Seizure of 632 173 Do, Seizure to be recorded by minutes and what they must contain 638 175 Do. Cannot be seized again whilst first seizure subsists 642 175 Do. Seized, Debtor cannot alienate 644 177 Do. remain in hands of Debtor till adjudica- tion 645 177 Do. Property, Timfcer cannot be cut on 646 177 Do. Sheriff may demand $4 for advertise- < ments before seizing 647 177 Do. Sheriff must advertise sale 3 times within 4 months 648 177 Do. what Sheiiff's advertisement must con- tain 648 177 Do. Notice to precede form of Sheriff's adver- tisement of sale of 649 179 Do. Sheriff must publish (at Church door) sale of 650 179 Do. Oppositions to Seizure &c. sale of 651 179 Do. Sale may be stopped by order of Judge or an Opposition 651 179 Do. Opposition must be filed 15 days before date of sale 652 179 Do, do. does not stop publication.... 653 179 Do. Costs and damages incurred by unsuc- cessful opposer 656 181 Do. Third parties may file Oppositions to sale of. 657 181 Do. under Seizure, Opposition to charges on 660 183 Do. Hypothecary recourse against 900 249 Do. of Minors and disqualified persons, Sale of 1267 353 Do. of Minors and disqualified persons, can- not be alienated without order of Court.... 1267 353 Do. ' of Minors and disqualified persons, must be inspected by two Experts before alienation 1268 353 M ^6 Aetioik. 1?ao«. Immoveables of Minors and disqualified persons, pro- visions for nomination of Experts, &c. 1269 355 Do. of Minors and disqualified persons, Judge must fix upset price • 1274 355 Do. of Minors and disqualified persons. Judge must give reasons for refusal to authorize sale of 1275 355 Do. of Minors and disqualified persons, Place and time of sale must be published...... 1276 355 Do. of Minors and disqualified persons, v/ithin 4 months private sale may be efiected .. 1277 255 Do. of Minors and disqualified persons, may be sold by voluntary licitation i278 355 Do. of Miners and disqualified persons, sale demanded by heir 1315 36o Imprisonment coercive ^^^ "'■^ Improbation against documents 159 47 Do. Petition must be served before presented 162 49 Do. Do. must be accompanied by deposit 163 49 Do. 'laay be begun at any time before judgment 164 49 Do. Provisions concerning documents 165 49 Improbation, Plaintiff must within 8 days file articles of 170 51 Do. Defendant has 8 days to file answers to articles 1*^1 ^1 Do. Issue joined as in ordinary suits 172 51 Do. Judgment likewise decides who shall have document 1*^3 61 Do. no copies of documents delivered without an order of Court 174- 51 Incidents, Incidental demands made in course of suit 149 45 Do. of proof— Application on, made by motion 319 85 Incidental demand made by petition 150 45 Do. do. Issue joined as in principal suit... 153 46 Inconsistencies in texts of Code 1361 383 Inferior jurisdictions H^S 331 Do. do. Remedies against proceedings in 1220 341 Informalities waited by failure to take advantages.... 119 35 Information against Corporations to be presented to Superior Court to obtain Summons 998 277 Inscriptions for proof 234 65 Do. noticoof. 235 65 Do. Prothonolary muttt keep roll for 237 65 t <. ^- ^ I '#■' '4-' ^ t > 1^- f I t^lL t !■ ^ A ^ Abtiolk. Tiat, Do. Do. 498 894 Inscriptions for review filed after deposit— Notice must be given to opposite party in Lessor and Lessee Suits made after joining issue do. do. do. hearing on merits when proof is closed 897 Insolvent traders, provisions concerning 780 Inspection of documents must be allowed by Notaries, on payment of fees ^245 Interpretation of statements 20 Do. of Rules of this Code 21 Interpreter, Court may appoint 10 Interest, Collocation of *^^ Interrogatories on articulated facts 221 Do. do. do. Summons to answer 222 Bo. to be drawn up in precise form 227 Do. answersto 228 Do. Party requir> ' them bears expense of 232 Do. Expenses may 9 demanded by party Summoned to answer 233 Interventions may be made by A\ persons interested 154 in suit , Do. formed by petition 155 Do. demand may be made in Court or filed in Prothonotary'fl OflSce 166 Do. must be pcrved within 3 days 157 Do. must be answered within 8 days from service *^" Do. in Appeal with leave of Court 1166 Issue joined "^ Do. when completed 1*° Do. proof on after Plea to merits is tiled 132 Inscription Circuit Court 10''2 Do. do. notice of 10''^3 Do. of Suits of illegal detention before 3 Judges Superior Court HH Intrusion into Public Offices 1016 Do. do. do. do. fine for . 1019 Do. do. do. do. costs borne by complain- ant if complains is dismissed 1020 Inventory of property of dcooaaed person, making of the 1304 Do. who may d«)mend • ••• 1304 133 247 249 219 349 7 7 5 205 61 61 63 63 65 65 47 47 47 47 47 327 43 43 39 299 299 309 281 281 281 363 363 f1 I i 22 AsnoLE. Paox Inventory, who may be present at making of 1305 363 Do. must be made in authentic form 1307 363 Do. Benefit of granted on petition 1321 367 Do. Formalities to be observed on sale by heir withbenefitof 1321- 367 Inventoried effects, who has custody of. 1313 365 Inventory of moveables seized in execution 559 151 Do. do. what it must contain 560 151 Do. do. must be in triplicate 561 153 Issue joJ.aed on incidental demati Is 153 45 Do. do. do. do. tried as in ordin- ary suits 172 51 Isamng Capias ad respondendum 797 223 Joint Stock Company, Service on 61 21 Judge, Recusation of 176 51 Do. when he is disqualified 177 53 Do. cannot be present in Court if recused 187 55 Do. must take notes of evidence if required....... 265 73 Do. or Commissioner, Oath of Experts must be taken before 331 89 Do. must note objections to his charge to Jury. ... 405 109 Do. Provinces of 406 109 Do. Non-appealable cases may be called in absence of 1094 305 Do. of Appeal, Quorum of 1156 323 Do. may open and adjourn Court though there be no quorum 1156 323 Do. in Appeal may be recused for same reasons as others 1157 325 Do. who sat in Court below is incompetent to sit in Appeal 1158 325 Do. no petition in recusation necessary when incom* petency appears on the face of the Record. 1159 325 Do. Provincial Secretary must be notified of absente of two months, of 1160 326 Do. of Queen's Bench — Chief Justice must be notified of incompetency of 1161 325 Do. of Superior Court to replace those of Q. B. in case of absence &c 1162 325 Do. Return of absent does not affect powers of re- placing. 1163 325 Do. Judgment in Appeal must be concurred in by three 1170 327 Do. Applications must remaiu in Record 1338 371 4 i .^IL t ^ 1 1 28 > j^m^ t m Ahtiolb. Judge, Prothonotary may exercise powers of 1339 Do. Decisions subject to review 1340 Judicial sequestration §76 Judgments by default for non-appearance 89 Do. Confession of. 94 Do. after Verdict 40^ Do. arrest of 431 Do. non obstante veredicts 433 Do. Final 468 Do. on merits 468 Do. S. C, Remedies against 433 Do. By default, Revision may be applied for within a year 433 Do. Petition in revocation of 505 Do. in Superior Court, Execution of 514 Do. Compulsory Execution of 545 Do. Attachment before 834 Do. against Warrantor Execution of 127 Do. may be served on Warrantee 127 Do. of non-suit 129 Do. deciding improbation 173 Do. Motion for, when made 423 Do. motion in arrest of 424 Do. when trial is completed case is ready for... 435 Do. may be rendered in vacation 470 Do. for damages must contain a liquidation of thereof 471 Do. must mention cause of Action 472 Do. must be entered in Record of Court 473 Do. draft to be followed in case of diflFerenoe... 474 Judgment for rents, &c., must order liquidation thereof 475 Do. must be served on party condemned 476 Do. may bo renounced 477 Do. Revision of 493 Do. Opposition to 434 Do. in Review, Rendering of 502 Do. on account must contain computation of Receipts and Expenditure 532 Do. ounnot be executed within a year when Defendant is Summoned through newspapers 652 DOt do. do. do. do. Defendant is Summoned through newspapers Exceptions to rule that 552 FlOB. 371 371 243 27 29 111 115 115 125 125 129 129 135 139 145 233 37 37 37 51 113 113 117 125 125 125 125 125 125 125 127 129 129 133 141 147 147 fiotai 84 1 ,1, Artiols. Paok. Judgment by default, one year delay in 552 147 Do. may be rendered by Prothonotary 723 201 Do. of distribution, Appeal from . 761 213 Do. do. Opposition to 761 213 Do. ordering Sequestration 877 243 Do. in lessor and lessee suits may be rendered out of term 898 249 Do. Service not necessary when against immove- ables of which owner is unknown 906 251 Do. ordering partition 916 253 Do. on suit for partition 922 255 Do. declaring property free from Hypothecs.,.. 967 267 Do. Subject to Hypothecs 968 269 Do. must be registered by Prothonotary 970 269 Do. pronouncing separation of property 977 271 Do. do. do. do. Execution of 981 271 Do. of Non-suit against Opposant to marriage may be obtained by any one interested on failure of Opposant to file 0pp. sition. 993 275 Do. in Circuit Court 1095 305 Do. do. do. may be read by (Merk, if Judge is sick, &c 1080 301 Do. do. do. Execution of. 1081 303 Do. do. do. Remedies against 1091 305 Do. Confession in Non- Appealable cases 1095 305 Do. in cases not exceeding $40, Execution of . 1 102 307 Do. ?n cases of illegal detention 1112 311 Do. do. do. do. Appeal from.... 1113 311 Do. Appeal from Interlocutory 1116 3U Do. do. do. must be allowed by Court of Qneen'fl Bench 1119 313 Do. of non proa in default of Return of Writ of Record 1129 317 Do. in Appeal, 3 Judges must concur in 1 1 70 327 Do. do. Execution of 1676 329 Do. in Commissioners' Courts, Rendering 1206 337 Do. in Commissioners' Courts, Execution of.... 1212 339 Do. in Inferior Courts, Remedies against 1220 341 Do. on Writ of Certiorari 1232 343 Jurisdiction of Superior Court 28 11 Do. of Circuit Court 105^ 291 Do. iQienor i.io>> ool 25 Aktiolk. Jurisdiction of Commissioners' Court 1188 Do. of Justices of the Peace 1216 Jurors, List of 257 Do. qualification of 358 Do. who cannot be 359 Do. who are exempt from service as i 360 Do. revising List of. 361 Do. special List of 362 Do. striking Panel of 362 Do. in Mercantile cases, selected from Merchants and Traders 363 Do. Summoning of 372 Do. May be fined $25 for non-appearance 276 Do. Causes of principal challenges of . . 384 Do. may be examined as to matter of challenge 388 Do. Special Supplementary (Tales) 391 Do. cannot be all tales 391 Do. Verdict may be returned by 9 411 Do. not bound to render verdict till paid 416 Do. Proceedings on death of 420 Do. Affidavit as to his reasons and motives can- not be received 428 Jury, Trial by 348 Do. Summoning of 351 Do. Fixing trial by 352 Do. List and other provisions relating to 357 Do. de medietate linguae..... 364 Do. Formation and Challenges S76 Do. Causes of Challenge of. 384 Do. cannot ba wholly composed of tales 391 Do. proceedings before a 393 Do. Factum in trial by..... 393 Do. Evidence given orally in trial by 397 Do. Provinces of 406 Do. may retire to deliberate 408 Do. may be permitted to adjourn for the night 408 Do. may re-examine witnesses , 410 Do. may be discharged if 9 cannot agree 412 Do. not bound to render verdict till paid 416 Do. may be discharged in default of payment 416 Do. amendment of Clerical Errors in proceedings before 420 Justices of the Peace, jurisdiction of 1216 O Paob. 231 339 95 95 95 97 97 99 99 99 101 101 103 105 105 105 111 111 111 115 93 95 95 95 99 101 103 105 105 105 107 109 109 IO9 109 111 111 111 •ill 339 I; i 26 Abticlk. Paob. Justices, Districts for Administration of 1355 375 Do. Officers for do. 1357 381 Lands, Partition op Township 912 253 Do. !"egal detention of 1107 309 Law costs, collocation of..... 728 203 Do. of procedure abrogated— Old 1360 381 Lessor and Lessee Suits, ., 887 247 Do. may join demand for rent with his action for recision 888 247 Do. do. in Vacation 889 247 Do. do. delay on Summons (one day) 890 247 Lessor and Lessee Suits, Appearance in 891 247 Do. do. do. Inscription 894 247 Do. do. do. Evidence to be taken down in writing 896 249 Do- do. do. Judgment may be rendered out of Term 898 249 Do. do. do. Writs are addressed and ex- ecuted like others of same nature 899 249 Letters Patent, Annulling of. 1034 287 Do. do. »SciVc/aaa« to annul 1035 287 Do. do. how demand to annul is made 1035 287 Do. do. of Land may be cancelled 1039 287 Licitation, Proceedings in, compulsory 919 255 Do. order to sell by way of 927 255 Do. Rules for voluntary 928 255 Do. Advertisement of sale by way of. 929 257 Do. Notice must be published at Church Door. 930 257 Do. Costs when PlaintiflF fails to publish notice 931 257 Do. Oppositions cannot be received after 15th day before date fixed for sale by 932 257 Do. Bids may be made in writing at Prothono- tary's Office 934 257 Do. Adjudication in 935 259 Do. Oppositions for payment must be made within 6 days after adjudication 938 259 Do. of immoveable, situated partly in one dis- trict and partly in another may be ordered in either 940 259 Life rents, Collocation of claims for the capital of ... 733 205 Lis pendens may be pleased by preremptory exception 136 39 List of Jurors, Special 362 99 Lower Canada, Districts of 1355 375 't' T f O f 27 Abtiolk. Lower Canada, Chief places (chef lieux) of Diatricta of 1355 Do. do. Places where Sessions of Superior. Court are held in 1355 Majesty, Appeals to Heb 1178 Mandamus i022 Do. Affidavits, to obtain 1023 Do. Service of 1023 Do. Preremptory Writ of 1025 Do. for Election of Officers 1027 Marginal Notes * 295 Marriage, Oppositions to ,.. 990 Masters of ships, Services on 66 Medietate linguae, JxxTj de 364 Memorials (form of ) Merits, PlaintiflFmay demand Plea to...... 131 Do. Foreclosure of Plea to 133 Do. Contestation on , 136 Do. Judgment on ; 468 Do. Contestation on 748 Do. in Lessor and lessee Suits, Inscriptions on.... 897 Minors, sale of immoveables belonging to 1267 Do. sale of property of. _» Monies paid into Court cannot be withdrawn 543 Do. provision in Seizure of 564 Do. levied. Payment of 601 Do. do. Collocation and distribution of 724 Do. do. Payment of 757 Do. unduly paid, return of. , 762 Montreal Review 496 Do. Sale of moveables in 573 Do. do. Districts which have Court of Errdr and Appeal in 1117 Motion for New Trial 423 Do. for Judgment man obstante veredicts 423 Do. in arrest of Judgment 424 Do. for Homologation 749 Moveables, Seizure of 656 Do. that may be selected by Debtor from Seizure 556 Do. seized, Inventory must be made of 659 Do. do. Sale of 672 Do. do. do. in Montreal and Quebec 573 Do. Opposition to Seizure of 580 Do. under Execution, Sale of 589 Paok. 375 375 329 283 283 283 283 283 79 275 2] 99 405 39 39 39 125 211 249 353 355 145 153 161 201 213 215 133 155 311 113 113 113 211 149 149 151 155 155 157 159 / 2B Abtiolk. Moveables, Adjudication of. 598 Do. Distribution of monies levied from 603 New Trial, Motion for 426 Non-juridicial days, Court cannot siton 1 Do. do. do. and holidays 2 Non appearance °" Do. do. Judgment by default for 89 Non-Resident Plaintiff 120 Non-Suit, Judgment of * 129 Do. do. on default to file opposition to marriage 993 Non-ohstante veredicts Judgment 433 Non-appealablc cases 1093 Do. do. pleadings in 1097 Do. do. no articulation of facts required in 1098 Do. do. Proof in HOI Do. do. Oppositions in 1103 Do. do. Decision of. 1104 Non-contentious proceedings 1236 Non-acceptance, form of noting for — Do. do. do. Protest — Do. do. do. Notorial notice for — Non-payment do. do. Protest for..... — Do. do. do. do. Notorial notice for — Do. do. form of Service of Protest for — IVon jPros Judgment of 1129 Notice of Sale 571 Do. do. of immoveables of which owner is un- known 904 Do. do. by way of licitation 930 Do. of proceedings for confirmation of title 951 Do. Inscription, Circuit Court 1073 Do. in connection with Art. 903 — Notaries must give communication of their minutes to parties on payment of price 1235 Nulla Bena, Return of 697 Nullities in proceedings are waived by failure of the opposite party to take advantage of them. 119 Do. in seizure, Grounds of 581 Oath may be administered by Court 11 Do. may be administered by Clerk of Court 30 Do. must bo made by witness before can be taken. 255 T)q^ \\Tr r\|jn]rg}« mny^ " S'.issht'^ xp.tiv bfi loft out iu 2''^5 PAaiE* 161 163 113 3 5 27 27 35 37 275 115 305 307 307 307 307 307 345 387 389 397 389 397 399 317 155 251 2.57 263 299 447 349 193 35 157 5 13 71 71 •t' * < ^ ■f > < T- Article. Paoi. Oath, Form may be changed according to Religious Creed of Witness 256 71 Do. may be administered to Witness by Examiner 304 81 Do. of Experts must be in writing 330 89 Do. do. must be taken before a Judge, Pro- thonotary or Commissioner of S. C 331 89 Do. may be administered by Experts 334 89 Do. decisory, provisions concerning 443 119 Do. do. cannot be ofiFered by an Attorney with- out a special power 444 119 Do. do. Offer must be in writing 444 119 Do. do. Rule must be served within same delay as for summoning Witnesses 445 119 Do. do. to Corporation 446 119 Do. do. may be referred back to opposite party 447 119 Do. putby Court 448 119 Do. may be administered by Clerk of C. C 1059 293 Do. administered to Experts, Form of — 423 Do. do. Witness, do. do — 423 Objections to Charge of Judge 405 109 Do. to Sureties, Grounds for 517 139 Office Registers must be authenticated before they can be used in Registry 1242 347 Open closed places, Judge may give order authorizing Seizing Officer to 569 155 Opposition to motion for Judgment, modes of 422 113 Do. to Judgment 484 129 Do. must be accompanied with a copy for Plain- tiff when filed 487 131 Do. by third parties 510 137 Do. to seizure of moveables 580 157 Do. served on Sheriff by leaving original with him 585 159 Do. Sheriff must, without delay, make return on .^85 159 Do. to seizure and sale of immoveables 651 179 Do. to sale of rents or immoveables to be filed 15 days before sale 652 179 Do. does not stay publication of sale 653, 179 Do. to seizure — Sheriff must within 24 hours make return in 655 181 Do. to sale of immoveables or rent, costs of un- successful 656 181 Do. io annul (afind'annuller) 657 181 so II 1^^ m w I si's Abtiolb. Opposition, to withdraw (afin de distraire) 658 Do. to secnre charges (afin de charge) 659 Do. to charges on immoveables under seizure... 660 Do. to sale of immoveables under seizure, Pro- ceedings on 661 Do. for payment (o/iw rfe co«serj;er) 718 Do do. not necessary in certain cases 719 Do. (Sub) may be filed by Creditor to stop Monies accruing to his Debtor 753 Do. (Sub) must be served on party whose monies are stopped 754 Do. to sale by licitation must be filed 15 days previous to day fixed for licitation 932 Do. for payment (afin de censerver) out of pro- ceeds of sale by licitation uust be filed within 6 days after adjudication 938 Do. of Hypothecary Creditor 957 Do. to marriage 990 Do. do. Service of 991 l)o. do. Proceedings on 992 Do. do. Court may summon parent or friends of intending Consorts, to give their opinion, before deciding on 995 Do. in non-appealable cases 1103 Do. in Commissioners' Courts 1213 Do. do. do. how determined. 1214 Opposant, Form of Affidavit of. _ Order by Court for non-resident Defendant to appear within 2 months from last publication 68 Do. to open closed places, Court may give Officer... 569 Do. for Creditors to appear, Publishing 603 Do. in Council, Form of Registrars, Certificate of Hypothecs may be changed by 703 Do. to dispossess 712 Do. to sell by licitation 927 Do. for remedying insufficiencies in Record in Appeal 1177 Owner of a thing seized has a right to be paid pro- ceeds of its sale 608 Panel op Jurors, Striking 362 Partition of Township lands 912 Do. do. do. petition for 913 Do. • do. do. order to answer demand in « 914 Paok. 181 181 183 183 199 199 213 213 257 259 265 275 275 275 275 307 339 339 425 23 155 163 195 197 255 329 165 99 253 253 253 \ .W / Z 1 T 31 i T Artiolk. Paqi. Partition of Township lands, Intervention in. 915 253 Do. do. do. Claims in 915 253 Do. do. do. Judgment ordering 913 253 Do. do. do. Arbitration in 917 253 Do. do. do. Court may award costs in 918 253 Do. do. do. Allotment of shares in. 925 253 Do. do. do. Compulsory 919 253 Partnership, Service on 60 21 Fauperis, ■pleading in forma 31 15 Payment of Jurors may be demanded before verdict is rendered 416 111 Do. into Court 538 143 Do. do. Costs of borne by Debtor 544 145 Do. of monies levied by Sheriff 601 161 Do. Opposition for afin de conserver 718 199 Do. of monies levied after homologation 757 213 Peace, Jurisdiction of Justices of the 1216 339 Penalty for charging over tariff 29 11 Do. for non-return 82 25 Peremption of suits when there has been no proceed- ings had for three years 4.'>4< 121 Do. of Appeals renders Judgment appealed from final 1168 ^27 Petition for revision of Judgment by default 485 129 Do. for revocation of Judgment 505 135 Do. for sale of immoveables of which owner is unknown 901 249 Do. for partition of lands 913 253 Do. for separation from Bed and Board 686 273 Plaintiff has preference over all chirographic Creditors 602 163 Do. may retain purchase money at sale under execution 688 189 Plead, how different parties 19 7 Do. any party to a suit may appear therein and. ... 23 9 hading in forma pauperis 31 15 Do. delay for filing any (8 days) 110 33 Do. after delay has expired, party is foreclosed from filing a 140 41. Do. no particular form required for 144- 41 Do. in non-appealable cases 1097 307 Phas in exception d la forme 116 35 Plea to the merits Plaintiff may demand 131 39 Do. do. foreclosure from filing 133 39 8t Artiolk. Paqk. Plea to the merits must be filed within 8 days after appearance 137 Do. do. 8 days delay to answer 138 Possessory actions 946 Possession provisional 1327 Do. Writ of 549 Powers of Circuit Court 1053 Practice, Judges may make rules of 29 Practitioners, Case may be referred to 340 Prisoner, Service on 70 Precedence, Cases which have 243 Proceedings before a Jury 393 Do. divers and incidental, S. C 434 Do. of Inferior Courts, remedies against 1220 Do. non-contentious 1236 Do. relating to successions 1279 Do. in Appeal, general provisions 1154 Procedure, Circuit Court 1065 Do. Abrogation of old laws of 1360 Prohibitions 1031 Property, abandonment of 763 Do. separation of 972 Dp. may be seized, what 553 Do. of minors, Sale of 1267 Prothonotary m ay administer oath to expert 33 1 Do. may render Judgment 723 Do. may exercise same powers as Judge 1339 Provinces of Judge and Jury 406 Provincial Secretary must be notified of leave of ab- sence to Judge of Queen's Bench 1160 Proxy, purchaser by, must declare his name 686 Proofs en issues. Defendant may claim costs of con- testation on merits.if he succeeds in the pre- liminary exception ..; 132 Do. on articulation of facts, when held proved ...'.' 212 Do. may be postponed by Court if opposite party has been taken by surprise 216 Do 5i34 Do. inscription for 234 Do. Judge may set apart days for 238 Do. in Montreal and Quebec Judges may set apart not less than 6 days in or out of term in eachmonthfor 238 65 41 If 41 261 396 145 ^ "'fl^'' 291 11 91 1 23 67 105 117 1 341 \ i 345 357 323 , 297 381 ^ «i p ^ 285 r 215 B 269 B 147 m 353 i 89 * 201 371 A '< 109 1 325 1^ 189 1 39 4 59 ' mi' 59 65 1 65 1 65 «Mri 93 ARnOLE. Paqi. Proofs in Montreal and Quebec parties cannot in term except in certain cases procede to 239 6b Do. and final hearing — Case may at the same time be inscribed for 243 67 Do. may be adjourned from day to day 243 67 Do. answers of party to suit, summoned as a witness may avail the opposite party as a commence- ment of 251 71 Do. taken by a Judge 263 73 Do. do. downatlength 284 77 Do. may be taken on any judicial day during term or vacation by consent of parties 285 77 Do. before Examiners 300 81 Do. Exparte 317 85 Do. Incidents of, 319 85 Do. Defendant foreclosed from pleading is entitled to one day's notice before 317 85 Do. Exparte may be taken any time except between the 9th of July and the 1st September 317 85 Do. before Jury 400 107 Do. in Circuit Court 1071 299 Do. do. 1075 301 Do. do. may be taken in another Court 1078 30l Do. in non-appealable oases taken orally 1101 30T Prosecution of Corporation 997 275 Dq. do. pleading of Defendant in. 1002 277 Do. do. proof by Plaintiff 1003 277 Do. do. in rebuttal of Defendant's proof 1004 ^77 Do. do. exceptions to information in 1006 279 Protest for non-payment or non-acceptance, Form of. — 389 Do. for non-payment or non-acceptance, Form of Notarial notice — 397 Do. for non-payment or non-acceptance, in of acts of Notarial service of Notic" of. — 399 Purchaser by proxy must within 3 days furnish Sheriff with name of principal &o 686 189 Do. may stop re-sale by paying 694 191 Public Offices, proceedings affecting 997 275 Do. do. usurpation of 1016 281 Do. Officers cannot be sued for damages 22 9 Do. Offices, intruding into 1016 281 Do. do. do. fine for 1019 281 Do. do. Costs of suit for 1020 281 E 34 Abtiole. Publication of Sheriff's sale at Church Door 650 Do. not staid by filing of opposition 653 Do. with return Sheriff must file Certificate of 655 Publishing order to call in Creditors 603 Do. at Church Door .... 650 Quakers, word " Swear " left out in oath by 255 Questions to Witness must not be leading 270 Do. Witness may object to answer. 274 Do. on which parties disagree must be written down in Deposition ..^ 290 Quebec, Reviews at 496 Do. sale of immoveables at 573 Do. Districts which have Court of Error and Appeal in m« Do. Banlieux of 1358 Queen's Bench m* Do. do. (Appeal side) General provisions 1154 Do do. Quorum of Judges in 1156 Quorum of Judges in Queen's Bench 1156 Rafts, provisions concerning wages for manufacture and conveyance of 552 Ratification of title 919 Reasons of Appeal 1133 Do. do. delay to answer 1135 Recaption, Seizures in 873 Receipt, Guardian has right to discharge or 596 Reoissions of leases, actions for 887 Record in Appeal, completion of 112G Do. do 1165 Recorder's Court 1217 Reoourie against immoveables hypothecary 900 Recusations 1'^^ Do against him, Judge must make known grounds of. 1'9 Do. is made by means of a Petition 183 Do. Judge's Declaration conclusive if recus- ing party has no proof in support of 186 Do. a party may renounce his right of 190 Do. of Judge in Appeal 1167 Do. of Commissioners for trial of small causes 1185 Ro-oxnmination ' ''^ Do. by Jury 410 Reference, abbreviated form suflicient 26 Paqb. 179 179 181 163 179 71 75 75 79 133 155 311 381 311 323 323 323 147 261 317 317 243 161 247 315 325 341 249 51 53 53 53 55 325 333 76 109 9 35 1 Abtiolk. PAac. Beference, ia matters of account 321 87 Do. do. 340 91 Refusal of Writ of Habeas Corpus, prohibits renewal of application 1051 291 Registers of Civil Status — attestation 1236 345 Do. do. do. duplicate be kept by Priest &o. 1237 345 Do. do. do. who are bound to fulfil laws relating to 1238 347 Do. do. do. Rectification of 1239 347 Do. do. do. order for Rectification of 1241 -347 Do. of Registry Offices must be authenticated. 1242 347 Do. of Sheriff and Coroners for deeds made in Official capacity 1243 347 Do. ofSheriffs and Coroners must be authenticated 1244 347 Do, existing Copy or Extract may take place of destroyed 1252 349 Registrars Certificate may be contested 738 207 Do. do. may be amended 739 207 Do. is deemed an Officer of the Court for all that concerns Certificate of hypothecs, &c 740 207 Do. Certificate in proceedings for confirmation of title and what must be mentioned in it 955 263 Remedies against Judgments of Circuit Court 1091 305 Do. do. proceedings of Inferior Courts 1220 341 Removal of things seized on order of Judge 563 153 Do. Seals, Applications for 1292 359 Do. do. Commissioner for 1293 361 Do. do. may be demanded by certain persons 1296 361 Do. do. must be applied for by petition ... . 1297 361 Do. do. Court may order Inventory to be made on 1298 361 Do. do. made as Inventory progresses 1300 361 Do. Return must be made of. 1301 361 Do. what must be contaired in return of... 1302 361 Rents, Vow seized 632 173 Do. 15 days delay for filing OppositioQ to sale of... 652 179 Do. Oppositions to annul seizure of 657 181 Do. Collocation of life— 733 205 Do. attachment for 873 243 Do. Suit may bo evoked from Circuit Court 1058 293 Renunciation of Judgment 477 127 Do. of Wife must bo registered 980 271 Replication when filed 109 33 Report of Exports 336 89 36 ^y. Aetiolk. Report of Experts, &c., may be made part of Evidence 346 Do. do. appointed by Tutors 1272 Do. of Accountants ^^" Do. of Distribution '^^5 Do. do. delay to contest 742 Do. do. contestation of '^^^ Reprises of Wife, Husband may oblige investment of 982 Re-sale for false bidding ^^O Do. application for ••• "^* Do. may be stopped by first purchaser paying price and costs "^* Do. Writ of venditioni exponas (or 696 Return may be made before day fixed 76 Do. on Summons, Superior Court 81 Do. Examiner must make 3^6 Do. of Commissioners for examination of Witnesses 313 Do. on Venire Facias 375 Do. on Opposition "°^ Do. on Writs of Execution 697 Do. of Nulla Bona ^97 Do. of monies unduly paid... 762 Do. on Writ and Warrant of attachment 846 Do. on peremptory Writ of Mandamus 1026 Do. on Writ of Habeas Corpus, Controversion of 1046 Do. of Executions issued in Circuit Court must be made to Superior 1088 Do. of Executions issued in Circuit Court, Pro- ceedings on 1090 Do. of Removal of Seals 1301 Revendication, Attachment in 866 Revenues, Suits may be evoked from Circuit Court... 1058 Revision of Jury list 3^1 Do. of Judgments by default 483 Do. do. do. Petition for 485 Review before 3 Judges 494 Do. Courts at Montreal and Quebec 496 Do. Deposit before • *97 Do. Inscription for 498 Do. Judgment may be rendered in term or vacation 502 Revocation of Judgment oases in which it can be made 505 Rights must be sued for in proper Courts 12 Do. of Guardian ^62 Do. of Wir , Execution of 984 'AOK. 93 \ 365 ' 91 201 209 209 273 "T 191 191 191 193 25 > ( 25 s 1 81 83 , 101 159 193 •a V « 193 f 215 1 237 1 283 289 1 305 K 305 361 241 293 97 [ 129 129 *m J' 131 t 133 133 133 133 135 7 « . 153 273 4 " t » .^i^. • 3t i; J T-, ABTIOLI. JBbiwre, Provisions as to sale of Lands held en 671 Rules of Praetice • ^9 Do. applying to Circuit Court 1059 Do. in Appeal may be made by Court IITT Saisie artit, Writ of 6*3 Saisie arrit, Summons to shew cause of 614 Do. do. Effectof *16 Do. do. in hands of Garnishee, Preference in.... 6^ Salary on Rafts, Exception cotacerning 552 Sale, notice of •• ^"^^ Do. of moveables must by published orally 672 Do. do. in Montreal and Quebec 573 Do. of immoveables under Execution 689 Do. do. under Execution minutes must betaken at • 692 Do. of immoveables payment must be made imme- diately 693 Do. do. amount to be sold 595 Do. do. Opposition to •• 661 Do. Bidding and ^^^ Do. Place of Sheriff's ^^l Do. Conditions of Sheriff's 576 Do. (re) for false bidding 690 Do. Effect of Sheriff's , 706 Do. of immoveables of which owner is unkuown Petition for »<>1 Do. by Curator to dissolved Corporation 1013 Do. do. of minors and 'Hsquahied persons 1267 Do. do. do. do. do. Tutor ad Hoc mu«t be appointed for 1278 Do. do. may be demanded by heir 1315 Do. form of deed of Do. do. of Memorial of deed of. — Do. do. of Advertisement of Sheriff's —■ Do. of immoveables, Form of Writ for — School Taxes, Oppositions are not necessary for pay- ment of 719 ^eiVc JPacioa, to annul Letters Patent *... 1035 Seals, Affixing of. - l^?*" Do. when affixing may be demanded 1281 Do. minutes must be drawn up 1282 Do. Removal of • 1292 Do, CommifisioQer to affix ****** 1^80 Paoi. 185 11 293 329 165 167 167 169 147 165 165 155 159 159 159 167 179 183 185 187 191 197 249 279 353 355 365 403 405 427 449 199 287 357 357 357 859 857 38 If ' Abtiolk. Paos. Seals, how aflixed 1283 359 Do. Opposition to affixing 1285 359 Do. how removed 1300 361 Do. return of removal of. ... 1301 361 Security, putting in 514 139 Do. by Appellant 1124 315 Do. Reduction of excessive 1131 317 Do. in Appeals from Circuit Court 1143 321 Do. for costs in Appeals from Circuit Court 1143 321 Do. in Appeals to Her Majesty 1179 331 Seizing property in execution 553 147 Seizure of moveables 556 149 Do. Debtor may select certain things from 556 149 Do. Exemptions from 557 151 Do. do. do 628 171 Do. how established 559 151 Do. of shares, how made 566 153 Do. of money, kind and quantity must be men- tioned in 564 153 Do. of Commercial Papers 565 153 Do. in execution when made 574 157 Do. same Guardian must be named in second 577 157 Do. of moveables, Opposition to 580 157 Do. grounds of nullity in 581 157 Do. by Garnishment 612 165 Do. ofrents 632 173 Do. of immoveables, in execution 632 173 Do. do. how made 633 173 Do. when property to be seized is over 9 miles from place where Writ issues. Provision for 635 173 Do. of immoveables, Minutes must be taken 638 175 Do. Abandonment of 643 177 Do. of immoveables. Opposition to 661 179 Do. inReoaption .' 873 243 Do. of moveables of which owner is unknown 907 261 Do. in Commissioners' Court 1212 339 Seized property. Rules concerning 646 177 Separation between Consorts 972 269 Do. of property 972 269 DOi do. who may intervene in 975 269 Do, do. proof for ; 976 271 DOt do J udgmcnt, pronouncing 977 271 DOb from Bed and Board 985 273 f ■ 39 > ^:t \ T f Aktiolk. PlOI. Separation from Bed and Board, Petition for 986 273 Do. do. do. Trial, Judgment and Execution. 989 273 Sequestration, Judicial 876 243 Do. Judgment ordering 877 243 Do. Execution of order of k 885 245 Sequestrator, appointment of 645 177 Do. naming of 877 243 Do. must be sworn 878 243 Do. duties of, &c 878 243 Service, how eflFected 56 19 Do. on Vestries 65 21 Do. on Captains of Ships 66 21 Do. on Wife 67 21 Do. cannot be made by Bailiff interested in suit... 74 23 Do. of intervention 157 47 Do. of petition in intervention 162 49 Do. of articulation of facts, delays for 209 59 Do. costs on 461 121 Do. of Proceedings 462 123 Do. of Judgment 476 125 Do. of Company 567 153 Do. of Opposition 585 159 do. to Marriage 991 275 Do. of Summons to Corporations 999 277 Do. of Mandamus 1023 283 Do. Writ of Habeas Corpus ad Subjiciendum... 1043 289 Do. of Order (compulsoire) on Notary, Time must be given for compliance 1249 349 Servitudes are not discharged by Sheriff's sale 709 197 Shares, seizure of, how made 566 153 Ships' Captains, service on 66 21 Sheriff's Notice to Jurors 374 101 Do. Coroner in certain cases acts for... 466 123 Do. may demand costs of seizure beforehand .... 568 155 Do. cannot bid at Sheriff's sale by himeelf 591 169 Do. sale, conditions of 675 187 Do. Deed, what must be contained in 689 189 Do. may retain costs 705 197 Do. sale does not discharge servitudes 709 197 Do. do. do. certain hypothecs.... 710 197 Do. do. do. emphytensis 710 197 Do. do. do. dower 710 197 4Q Abtiolk. Sheriflfs sale, what is discharged by 711 Do. do. effect of 706 Do. do. vacating of 7J4 Do. do. application to vacate 716 Sittings of different Courts 1 Do. of Judges at same time 464 Signature, Affidavit must accompany denial of I45 Special list of Jurors 352 Do. proceedings ggy Statement of condition r > ed document at time of filing 168 Status Registers of Civil i236 Striking of Panel of Jurors ......'.. 362 Sub-collocation , (,53 Sub-oppositions , i^g^^ Subpoena, how served 248 Submission, Definition of....,, [[[[ 134^ Do. when imperative ,., J34Q Subornation is a ground for Recusation [ . . 327 Successions, appointment of curators to 1 263 Do. proceedings relating to 1279 Do. when deemed vacant 1331 Do. Curators to vacant 1332 Suit, who can bring -.n Do. for damages against public officer where it should be brought ,. Do. (Title First) on the......,....'....*.*.."."""* Do. stayed by dilatory execution [[[[] 120 Do. continuance of Do. by whom continued Do. peremption of. Do. between Lessor and Lessee .. ] ggy Do. abandonment of Do. uncontested in Circuit CouET,'ProMedings*in! Summons, where it may call Defendant Do. Actions in S. C. are instituted by means of Superior Court 38 43 434 438 454 Do. Do. Do. Do. Do. Do. Do. 395 1069 34 43 44 Amending g^ when served **' ~. , . ' 05 to answer interrogatories 222 ^°' do vivSvoce. 226 to experts to file their Report 333 to show cause of Saisio^fr^t 614 Paob. 197 197 199 199 3 123 41 99 247 49 345 99 213 213 69 371 373 87 353 357 369 369 7 15 17 35 117 117 121 247 107 299 15 17 17 19 19 61 63 91 167 41 ILK. Pm>. 11 197 )6 197 14 199 16 199 1 3 14 123 ^5 41 12 99 17 247 8 49 6 345 2 99 3 213 4 213 8 69 1 371 8 373 7 87 3 353 9 357 I 369 2 369 3 7 f? 15 17 35 117 117 121 247 107 299 15 17 17 19 19 61 63 91 167 Artiolk. Paoi SttDunons, in Lessor and Lessee suits 890 247 Do. in separation of Consorts 974 269 Do. in prosecutions of Corporations 998 277 Do. in Circuit CouR* 1065 297 Do. to whom addressed 1067 297 Do. Service 1068 297 Do. in Commissioners' Court 1194 335 Do. Delayson 1337 371 Summoning Witnesses 244 69 Do. Jury 351 95 Do. Jurors 372 101 Superior Court, Procedure before 28 11 Do. do. Appeal from Judgment of 513 137 Do. do. do. do 1114 311 Supplementary — demand 18 7 Surrender 534 143 Do. Curator to 536 143 Do. Rentsof 537 143 Sureties, when offered 515 139 Do. objections to 517 139 Do. offered must justify their sufficiency 827 231 Do. may cause Defendant to be arrested 831 233 Surveyors of Boundaries 942 261 Suspension of Distribution 731 205 Tales, Jury cannot be wholly composed of 391 105 Tariff of fees may be made by Judges 29 11 Do. in appeal 1177 329 Taxation of Witnesses 281 77 Taxes, opposition for payment (afin de conserver) not necessary for school 719 199 Terms of different Courts 1 3 Testificandum, Writ of Habeas Corpus ad 353 71 Tender generally 538 143 Do. how made 539 143 Do. expenses of. <. 544 145 Three Rivers, Banlieux of 1368 381 Titles, Suits affecting, may be evoked from Circuit Court 1058 293 Do. Confirmation or Ratification of. 946 261 Timber, Exception as to wages for conveyance or man- ufacture of 646 177 Township Lands, Partition of 912 253 Traders, provisions concerning Insolvent 780 219 F "■"fj^-^vr^ 42 • Aetiole. Page. Tranamission of Record , 25 9 Trial 220 61 Do. postponement of 216 59 Do. by Jury 348 93 Do. do. when fixed 352 95 Do. do. where held 355 95 Do. do. Factumin 393 105 Do. motion for new ^ 426 113 Trinity House 1218 341 Tutors in Lioitation 921 255 Do. a(2 Aoc in Voluntary Lioitation 1278 355 Tutorship 1262 353 Uncontested Suits 1069 299 Usurpation of Offices 1016 281 Vacant Successions 1331 369 Vacating of Sheriff's sale 714 199 Vacation, Courts not to sit during 1 3 Do. Proceedings in non-appealable cases in 1099 307 Do. do. in Lessor and Lessee suits in 889 247 Do. Value of immoveables, Experts to determine 736 205 Do. of immoveables under hypothec 962 267 Venditione Exjpenas, Writ of. 663 183 Venire facias, Writ of 372 101 Do. do. Return on 375 101 Do. do. Proceedings on 394 107 Verbal bids by proxy 677 187 Verdict in Jury trials 408 109 Do. Judgment after 421 111 Do. Remedies against 421 111 Do. 9 Jurors may return 411 111 Do. may be articulated 414 111 Do. may be general 415 111 Do. may not be given till Jurors are paid 416 111 Do. must be on all issues 418 111 Do. may be annulled by arrest of Judgment 432 115 Ferec?ictonon-o6»«an^ Judgment may be rendered ... 433 115 Vestries, Service on 65 21 Viewers, Case may be referred to 321 87 Ftvd Foce, Summons to answer 226 63 Do, do. by Examiner 305 81 Voluntary Execution of Judgments 514 139 Waobs on Rafts, &c., Provisions as to 552 147 Do. in Commissioners' Court, Minor can sue for 1193 335 « I 43 9 61 59 93 95 95 105 113 341 255 355 353 299 281 369 199 3 307 247 205 267 183 101 101 107 187 109 111 111 111 111 111 111 111 115 115 21 87 63 81 139 147 335 « I Abtiolk. Warrant to arrest, may be granted in all cases where Ca/naa may issue 812 Do. to arrest, Form of Affidavit for Do. do. the person Do. of attachment. Form of Do. do 842 Do. do. Return on 846 Do. delay to call ,. 123 Warrantor, Judgment may be exercised against Warrantee i27 Warrantee, Judgment against Warrantor may be ex- ercised against 127 Warranty, demand in 124 Do. simple or personal 125 Do. Summoning Warn tor in Real 126 Wife separated and not separated. Service on 67 Withdraw, opposition to (afin de distraire) 658 Witness about to leave Lower Canada, Provisions in ,case of. 240 Do. Summoning 244 Do. residing in Upper Canada 246 Do. may be fined for non-appearance 249 Do. may be sued for damages for non-appearance. 249 Do. any one present may be called up as a 250 Do. Relationship is no objection to ._. 252 Do. in Prison, Writ of Balsas Corpus ad testifi- candum 253 Do. Examination of. 254 Do. refusing to take oath 257 Do. may be examined as to Religious belief 259 Do. who cannot be a 260 Do. under what circumstances a deaf mute may be a 261 Do. BailiflF may only be such as to Service 262 Do. may make additions or alterations 264 Do. what he must first declare 267 Do. Credit cannot be impeached 269 Do- possessing subject of litigation must produce it if required 273 Do. may object to questions 274 Do. cannot be forced to reveal confidential dis- closures made to him in his professional ca- pacity 275 Do. may be forced to answer questions 277 Paok. 227 441 441 445 235 237 37 37 37 37 37 37 21 181 67 69 69 69 69 71 71 71 71 71 73 73 73 73 73 73 73 75 75 75 75 •qP^fMii-aaii^dii 44 Witness, proof io full length, Examination of 292 79 Bo. Commissioners for examination of 307 83 Do. Experts must have evidence written 335 S9 Do. gives evidence orally before Ju ry 397 107 Do. Commission to examine 399 107 Do. in Lessor and Lessee suits, examination of... 896 249 Do. in Circuit Court, Examination of 1076 301 Do. do. do. may be examined in another Court 1078 301 Do. Bailiff may be such only as to service 1209 339 Do. form of oath of — 423 Women, Rules concerning Married 981 271 Writ of Summons, S. C 44 17 Do. do. amending 63 19 Do. o£ Eabeas Corpus ad ustificandum 253 71 Do. of venire facias 372 101 Do. of Execution 545 145 Do. of Possession 549 145 Do. to seize immoveables 555 149 Do. of ^ame ^rr^« 613 165 Do. of Summons to show cause 614 167 Do. for seizure of immoveables 633 173 Do. of venditioni exponas 663 183 Do. do. do. for Re-sale 696 193 Do. of Execution, return of. 697 193 Do. for coercive imprisonment to whom addressed ... 788 221 Do. of Capias ad Respondendum, how obtained 798 223 Do. do. against whom it cannot issue 805 227 Do. do. execution of. 816 229 Do. do. contestation of. 819 229 Do. in Lessor and Lessee suits 899 249 Do. peremptory of mandamus *.' 1025 283 Do, do. do. return on 1026 283 Do. of Huheas Corpus, contravention of return 1043 289 Do. do. do. Rule after refusal of. 1051 291 Do. of Summons Circuit Court, to whom addressed. 1037 297 Do. do. do. service of 1088 297 Do. in Error and Appeal 1121 313 Do. do. do. service of.. 1123 315 Do. for sale of immoveables, form of — 449 9i *w,