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Sanborn, in the Office of the xMiuister of Agriculture. \ 6 a 3-S*f ] IS tin thl f PREFACE, ilie II. 1 HAVlNCi, during an experience of several years, often felt the want of a Manual like the present, I have endeavoured in this ^' Handy Book," to set forth, in a convenient form, such information as I "have been able to acquire respecting the duties of sheriffs and bailiffs in the execution of the orders and judgments of the Courts, and also, touching the mode in which those duties should be performed. My object has been chiefiy to supply in this Manual, proper forms for the diffi^rent proceedings, as the advantage of having a good form for guidance, is very great. I have naturally followed the order of subjects which is observed in the Code of Civil Procedure, on which this work is based. My efforts are, doubtless, but an imperfect attempt in this direction, still I trust tliey may prove to be of some practical utility. M. II. SANBOllN. liHIMI INTRODUCTION. Under the French system, brouglit to Lower Canada by its first settlers, the Ifuissier or BaiiifF was the chief executive officer of the courts. The office of sheriff, which belongs peculiarly to the English system, was subsequently introduced under Gov- ernor Guy Carleton, in 1776, and combines, to a certain extent, both the duties and the obligations of the hmssier, the gardien, and the receveur de consignations of the French system. The jurisdiction of both sheriffs and bailiffs is confined to the district for which they are appointed, except where it is specially extended, as by Art. 461, C. C. P. Every sheriff has the selection of all bailiffs to be em- ployed by, and to act for him, and may appoint a deputy- sheriff, who has all the powers and authorities vested in the sheriff, and for the acts of his deputy, or the bailiffs employed by him, the sheriff is responsible, C. S. L. C, cap. 92, sect. 9. An exception to this rule occurs, however, in the case mentioned in Art 635, C. C. P. When the sheriff does not perform in person the duties required by the writs addressed to him, he issues his war- rant founded upon the writ to be executed, and addressed INTRODUCTION. to " all and Hin^ailar' his bailiffs, and entrusts it io some one of his bailifis, who makes a return of liis proceedings to the sheriff. In the discharge of their duties as the executive officers of the Courts, sheriffs and bailifl>* are not to question or dispute tlie authority of the Courts out of whicli writs are issued. They must, on the contrary, at their peril, truly execute them according to their exigency. They should also execute ail writs and process without fauor, aud with the utmost expedition and secrecy, as soon after receiving them as the nature of the case will admit, In this, they can have no surer guide than a strict obser- vance of what is enjoined by the writ. They must not, however, be guilty of oppression, or make use of other force or greater violence, than the case requires. Every man is bound, by the common law, to assist these officers in the execution of the Queen's writs, and if they refuse when called upon, it is at their peril. Before any force is used, a demand should be made by the officer, as force ought to follow, not precede, the law. An clficer commonly known to be such, need not shew his warrant or writ when he proceeds to the execution thereof, but he ought to declare its contents, viz., at whose suit, for what cause, out of what Court, and when re- turnable. He gives sufficient notice of what he is, when he says, '' I arrest you," or " 1 seize and attach your goods and chattels, in the Queen's name," and the party at his peril, ought to obey. If the officer has no lawful warrant, the party has his action.* ♦ These general remarks are taken from " IraTiey's Office of Sheriff." HANDY BOOK FOK SIIEIUFFS AN J) BAILIFFS. Of Sheriffs* Warrants. The warrant sliould be in the name of the sherifl', though issued by the deputy -sivorilf, and must be according to the nature of the writ upon which it is founded. It should contain the mandatori/ part of the writ, but any mere re- cital in the writ need not be inserted in the warrant, unless n'y^ossary for explanation. Although the warrant may be addressed to a particular bailiff, by name, it is usual to address them generally " to all and sirjgular my bailiffs." In the case of a capias ad respondendum^ the warrant is also addressed to the keeper of the common gaol of the District, and is delivered to him by the bailiff, alonn- with the person of the defendant when the hitter is detained in custody. General form of Warrant. in the Province of A. B., E.-!quire, Sheriflot the District of Quebec, To all and singular my BailiffVi, Greeting. By virtue of a writ of our Sovereign Lady the Queen, to me directed, I command you, and every of you, jointly and severally, that {here follmos the mandator j/ part of the writ in the terms of the lorit itself.) 8 HANDY BOOK FOR When f(mn(lc(l upon a writ of capias tlic warrant, Is addressed, To all and siMpultir luy bailiffH, anil to the kcoper of the common gaol Of my District. The warrant concludes with an injunction to 'nake a return of proceedings, as follows : And that you certify and return unto me your proceedings hereon, without delay. Hereof fail not, as you will answer at your peril. (jiven under my hand and seal of oflice at * ftiis day of in the year of our Lord Of Servlcest In ordinary civil suits, the first proceeding requiring the ministry of the officer, whether sheriff or bailiff, is the service of the writ of summons. This, so far as they in- clude a summons, will embrace all writs of seizure before judgment, styled in English, Mesne Procesa, also writs of capias ad respondendum, and writs of saisie arrtt after judgment. The directions contained in the Code of Civil Procedure, respecting the service of writs of summons, are very suc- cinct and clear, and are copied verhatim. As to Time of Service. 54. No party can be summoned on a Sunday or a holiday without the express leave of a judge. 2, The following days are non-juridical : 1. Sundays ; 2. New Year's Day, the Epiphany, the Annunciation, Good Friday, the Ascension, Corpus- Christi, St. Peter and St. Paul's Day, All Saints' Day, [the Conception,] and Christmas Day; 3. [The birthday of the Sovereign ;] f 4' \ !f I 1 SHERIFFS AND BAILIFFS. 9 4. Any day appointed by royal proclara.ition or by ])ro(:laniii- Uon of the governor as a day of general fast or tlianksgiving : [but any writ of summons, or other proceeding, which, before such proclamation, has been made returnable on a day so hxed, maybe returned on the next following juridical day.] 55. No summons can be served before [seven o'clock in the morning, or after seven o'clock in the afternoon.] This provision does not apply, however, to cases of capias uA respundenduin. As to manner of Effi.'ct'nifj Service. 56. Service is effected by leaving with the defendant a copy of the writ of summons, and of the declaration, if there is one. Tho copy must be certified either by the prothonotary or by the attorney for the plaintiff, or by the sheriff, when the service is to be made by him. 5T. Service must be made either upon tlie defendant in per- son, or at his domicile, or at the place of his ordinary residence, speaking to a reasonable person belonging to the family. In the absence of a regular domicile, service may be made upon the defendant at his office or place of business, if he has one. 68, [In all cases in which the defendant resides in the same domicile wiih the plaintiff, he must be served i»ersonally, unless the court grants leave to serve him otherwise.] 69. If there are several defendants, they are served in the manner above mentioned, separately and distinctly, and a copy of the summons is left Avith each of them, except in the cases hereinafter provided. OO. Service upon a general partnership may be made at its place of business, if it has one, and if it has not, upon one of the partners. 61. Service upon a joint-stock company may be made at its office, speaking to a person employed in such oflice, or elsewhere, upon its president, aecretar)'-, or agent. 63. If the partnership has no known office or place of bus!* nes3, nor any known president, or secretary, or agent, upon a 10 HANDY BOOK FOR roturu lo that effect, the court or judge may order it to be sum- moned by a notice to be inserted during one mouth in at least one newspaper, and such notice is iield to bo a sufVicient service. iitt. Service upon a body corporate is made in the manner provided by its charter, and in the absence of such provision, in the manner prescribed in the two preceding article-?. an. Foreign ''ompanies or corporations, and all executors of wills, administraiors, or representatives of the succession of per- sons liaving- had propertj' in Lower Canada, may, if they have an ortice or an agent in Lower Canada, or carry on business therein, be samrnoned there, in the manner provided in article y.] an, A Avife separated from bed and board must be served separately from her husband. A wife not separated from bed and board is sufficiently sum- moned by service made upon her husband. as, W the defendant has left or has never had hi? domicile in Lower Canada, and has property therein, the court or judge, or the prothonotary, upon a return stating that he cannot be found in the district, raay'order him to appear within two months from tlie last publication of such order. The order must be published in the French and English lan- guages, and be twice inserted in a newspaper published in each language respectively in the district where the court is held ; and in default of either of sucli newspapers in such district, then it is inserted in a similar newspaper of the nearest locality : and such newspapers are indicated in the order by the court or judge, or the prothonotary. SHERIFFS AND BAITJFFS. 11 DO, Nevortheless, und withoat projinlicc to 1lui)m>'le of sum- inuus mentioned in the i)recot]ing jirlicle, when a defendant, having property in Lower Canada, has no longer or has never had any domicih.^ therein, or when the cause of action arose in Lower Canada and the defendant resides in Upper Canada, the judge or the prothonotary, upon proof of the fact by affidavit or otherwise, may gruni leave to serve the writ of summons in ITjipor Canada, and such leave is endorsed in writing upon the writ, which may then be served by any bailifl of a 'County Court in Upper Canada, or any literate person, either of whom makes an affidavit of service sworn to before any justice of the peace of the oount}^ in which the service was made, or before a commissioner of the Superior Court for Lower Canadi), or by any bailiff of the Superior Court for Lower Canada. TO. Persons imprisoned may be summoned by personal ser- vice between the wickets. Tl. A summons cannot, on pnin of nullity, be served in church, nor in court, nor upon a member of the legislature on the floor of the house. T8. A summoi;-? may be served at any domicile elected by the ])arty for such purpose. Kit, Persons may be summoned to appear upon any day in the year other than a Sunday or holiday. T I. Bailiff's cannot make services in cases in whicii tiiey are interested, nor in those which concern their relations by birth or atliQity, to the degree of cousiu-gerraan inclusively. As to Delays. 75. Tn ordinary cases the del.'jy upon summons is ten inter- mediate days between the day of service and the day fixed for the appearance, when the distance from the domicile of the defendant to the place where the court is hela does not exceed five leagues. In demands by reason of usurpation of otTice, and in those for writs of mandamus^ of prohibition, and of scire ylrcws, the delay is three days. 12 HANDY BOOK FOR In suits between lessors and lessees the delay upon guniinons is one day only. When the distance exceeds live leagues the delay is increased one day for each additional five leagues. As to Returns. ^O. Writs of summons must be returned into the office of tbe clmk of the court on or before the day fixed. 71. The writ must be accompanied with a return or certificate of service. 78. Such return of service, if made by a bailiff, must state: 1. His names, his residence, and the district for which he ia appointed ; 2. The day and hour of the service ; .3. The place where, and the person with whom a copy of the writ was left ; 4. The distance from the bailitf s residence to the place of service ; 5. The distance from the court-house to the defendant's domi- cile, or the place of service ; ■* 6. The amount of the costs of service. If the return is made by the sheriff, it must contain the same statement, with the exception of what is mentioned in the first paragraph. As to ^Vnt of Garnishment. Ol***- The rules concerning the service of ordinary v-pits of summons apply to seizures by garnishmeut. Nevertheless, the garnishee cannot be condemned by default, unless the writ of summons or other order to appear has been served upon him personally. Upon satisfactory proof that a garnishee conceals himself in order to avoid such personal service, service at his domicile is held to be suificient. If the defendant upon the principal demand has been sum- moned as an absentee, the summons upon the garnishment may be served upon him at the prothonolary's office, but if he did V SHERIFFS AND BAILIFFS. 13 |>115 ed te : ia not leave the province nntil after service of the principal demand, he must be summoned upon the garnishment according to the provisions of article 68. The def'mdant is bound to answer the proceedings by gar- nishment within the same delays as upon a principal demand. As to Proceedings in Circuit Court. 1066. The of return of service^ lircpared according to the synopsis given in Art. 78. I, A B., residinfi; In , in tin; District of in the I'ro- vlnce of Quctx.'c, ojn- of tlio biiilllfp of *lio Superior Court for Lower Canada, duly appointed in and for tlie said Di;?trict, hereby certify and return, 14 ITANDY BOOK FOR that, on fh(! day of at of tho clock in tho noon, I liivvo sorvod tlic witlun writ o*" f^ummons upon the witliin narmni dflrndant, ('. 1» , at {hen'. iitMert the place ivherc, r»i.) his domicile in tlu^ said , nr at his ofllicc nnd place of l5usin<'8s in thr> said , "r at K\w oOico and phiw of business of the said defendant, (if a. conipanji,) in tlie s-uid , six^aking to himself in person, or to a f*rown and reasouul)le jxTson of his family, "r to a grown and reasonable person in his employ, or in the employ of the .^vAd defendant, {ir a aMnpany,) witli wliom 1 also left a true and oertilied copy of the said writ. That the distance from my residence to snch place of service li^ miles. That thf^ distance from the (,'(Hut House hi the Di.-itvict of to the said (defendant's domicile or place of sfrricc) is mile^*, or 1e»ss than one mile; and that the costs of such service amount to the sum of dollars and cents, as detailed below. (date.) (signature.) Travel {Service,' Tolls and ferries miles.. .!$ $ Form of return luukr Arf. (">8, ihat dv/cndant cannot he found. I, A. 1$, residin.2 in the in thr Di-^trict of in the Trovince of C^Ufbec, a bailitf ilu!y appointed of the .Smiorior ''ourt tor Lower Canada, in and for the saiil District of , h«-n>by certify and return, that I have made all tUu; and diligent .-earch and enquiry for the defendant (\ IV, named in tiw witiiii^ writ of sumnion.s. That I canii.'t find him, nor any doniicilt- to him belonging within the limits of the said District of That 1 am credibly informeid that tin; .said defen . tlu? rt«'f<'ndant, a;» belongini(, (to him, if a saisit: arret, or, to tUo i/lainliif if a aaisie ravtytidi- ra^io»i. ) thoctibfts mentioned and .-ot forlii in niy minutos of such soizure hprpwith roturm'cK and ha\»> placed the sain." in tho. care and safekeeping of of the , voluntary guardian furnif^hed by the defendant, or, guardian d'ojfire, as the cane may he. Of Seiziims or Mov^eables. The seizures made under writs of attachment before judgment, SaisleEevendication, Siuffic' Gagerie, and Saute Conservatoire, have so much in common with the seizure 171 execution, that I will •::;^ ou to sp.jak of seizure generally, indicating, where necessary, the variations required accord- ing to tlie kind of writ. The writs under which seizures take place, are issued in the name of the Sovereign, or in certain ca.ses by a commissioner, and are addressed to the sheriff, or to a bailiff, as the case may be, as provided by the following articles of the code : 545. The judgments of a court can only be put hito execu- tion by means of a writ issuing in the name of the sovereign .and addressed to the sheriff of the district [in which it is lo be executed.] Tho writ is attested and signed in the same manner as ori- ginal writs, it must bear tlie seal of the court and must mention 16 HANDY BOOK FOR the date of the judgracat to be executed and the day ou which it is returnable. 540. Judgments can only be executed upon the party against whom they are rendered. If he changes his civil status or dies beiore execution, judg- ment cannot be executed against him nor against his repre- sentatives, unless auother judgment is obtained, declaring that the former may be enforced by execution against him in the one case, or his representatives or assigns in the other. But if the party dies or changes his civil status after execu- tion has commenced, the execution continues. 5-11'. If the judgnicui does not order a thing that is purely personal to the plaintilf, it may be executed in his name, even after his death ; but if any rontestution arises upon the execu- tion, tlie representatives uf the deceased party must intervene. 54S. Wlien the judgment orders the performance of some physical act, the officer charged Vvith its execution may use the necessary force fur that purpose ; observing, however, at the same time, all necessary formalities. 555. [S( ' aire of moveables in execution takes place under a writ addressed to the sheriff of the place where the defendant'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 certain or sooner if possible. If there be no moveable property to seize, the writ may be addressed either to the sheritF of the district in which judgment was rendered or to the sheritT of the district in which the defendant has his domicile.] If the creditor has received any part of his judgment claim, he is bound to make mention of it on tlie back of the writ of execution. When the moveable property to be seized is at a distance of more than nine miles from the place where the writ issues, the party suing out the writ, or his attorney, may, by a written notice, require the sheriflF to employ for the seizure, a bailiflf residing in thti locality where it is to take place, and the sheri any 1 exec 8 addi ec, i District of ( No. , A.li., of, &c. Plaintiff, vs. C. l).,of, &c. Dt'Coiulant I, A. B., residing, &.Q., {as in former r-tKriiii.) hcivhy CQrlil'y and return that, on this day of at of tlio cUick in the noon, 1 proceeded to the domicile of the above named dcfondant situated (here describe the domicile; if in acitytby its No. and str(»ct,) for the purpose of effoctinj:^ a seizure of his goods and chattels under the writ of execution (or o^/tc'/vri.>c as iht case maiibe)iii tliis cau::ie is^^ued, beariiic^ date the day of That I there found the dooi> of the said domicile closed and fastened' and alter loudly calling ujx^u the deft idant to open the «ime, I was unable to ^et admittance, no one apptmring to open tlio same, by reason wJiereof I am unable to proceed to such seizure until iin order is granted to o})0n the said doors. If it be cupboards, trunks, or other closed places in the domicile, which it is required to open, then vary the above as follows Tliat I there found in the hou.se, (or other building) n corrain trunk, nr cupboard, (ns (Ik rose ma// l>e,) lucked and lastoned, and the said defen- dant, being called upon to open the name, refu.sed so to do, by reason whereof I am unable to proceed to the seizure of the contents of the said triin/c or cupboard until an order is granted to open the same 24 HANDY BOOK FOR Whereof tho prr;sent minute is drawn up, to serve and avail as of right, at aforesaid, this day of Baiiiil'. The formalities requisite in the inventory ure contained in Art, 360. Thf inventory must contaia : 1. Mention of the actual domicile of the creditor; 2. Mentioti of rlie writ of execution, its date, and its pur- port ; 3. A description of the things seized, their number, weight and measure according to their nature, and, in the case of a registered vessel of fifteen tons burthen or over, the recital required by section 13 of chapter 41. of the Consolidated Statutes of Canada ; 4. The appointment of a guardian, or the name of the depo- sitary furnished by tiie debtor : 5. The signature of the guardian or depositary, and of the witncssep. in the case of article 5G9, or mention that they cannot sign, and the signature of the seizing olHcer ; 6. Mention of the day on which the s»izure is made, and whether it was made before or after noon. The sheriff or otiicer making the seizure is bound to accept a solvent depositary offered by the debtor, and in such case he is not answerable for the acts of the depositary, if he proves that when he accepted him such depositary was solvent to tho amount of the property entrusted to his care. Sheriffs or bailiffs cannot take their relations or connections, to the degree of cousins-german, as guardians or depositaries of the things seized. Nor can they take as such the judgment debtor nor his wife nor children, on pain of lieiiig liable for all costs and damages. Brothers, uncles or nephews of the judgment debtor may be appointed guardians, if they consent to be so. The debtor must also be called upon to sign the inventory, and his refusal or inability to do so muct be stated. SHERIFFS AxNJ> BAILIFFS. 25 /; ^Ti6l. The inventory must be, ^it least, in triplicates, one of which must h<' giv(;u to the guardian or depositary and another to the debtor, and each triplicate must be signed by all those whose signatures are required by the preceding article, 5iVt, [If current money is seized, mention of its kind and quantity must be made in the inventory, and the sheriff must return it with the other moneys levied.] 505. [Debentures, promissory notes, whether negotiable or not, shares in banks, or other commercial or industrial associa- tions, and other documents of commercial value, payable to order or to bearer, bank-notes included, are liable to seizure, and may be sold like all other moveable effects belonging to the debtor.] 560. The seizure of shares in any financial, commercial or industrial company or association, duly incorporated, is made by serving such company with a copy of the writ of execution, together with a notice that all the shares held by the defendant in such company are placed under execution. A similar notice is served upon the debtor. SOT". If there is more than one place at which the company may be gerved, the service hereinabove mentioned, when made elsewhere than at the place where the transfer of shares and the payment of dividends may be validly made, has no effect against subo^.pieut purchasers until a sufficient time has elapsed to allow notice of the service to be transmitted from the place where it was made to the place where transfers of shares should be entered; and tlie company is bound to effect such transmission. The seizure of such shares includes all benefits and profits attached to them. 570. If the debtor has no domicile in the province, the tri- plicate of the inventory of seif.ure is left for him at the office of tliQ prothonoiary of the court. The form of proccs-vcrbul i^* given further ou. 26 JIANDV BOOK FOR Of (liuardiaiis. Thcappaiii'meiit of a guu'iUan is one of the most impor- tant of the duties of the officer making a seizure, and it is requisite for the proper and efficient discharge of this duty, that the officer be thoroughly informed in all matters relating to it. The provisions of the Code of Civil Procedure touching the appointment of guardians or depositaries, are as fol- lows : (Part of Art. 500 already quoted.) The sheriff or officer mo.king the ;eizure is bound to accept a solvent depositary oftered by the debtor, and in such case he is not answerable for the acts of the depositary, if he proves that when he accepted him such depositary was solvent to the amount of the [)roperty entrusted to his care. Sheriffs or baililfs cannot take their relaiions or connections, to the degree of cousins-german, as guardians or depositaries of the thirds seized, Nor can they take as such the judgmeut debtor nor his wife nor children, on pain of being liable for all costs and damages. Brothers, uncles or nephews of the judgment debtor may be appointed guardians, if they consent to be so. 50*2. The guardian or depositary bus a right, at the time of his appointment, to remove the properly in order to keep it in charge, and to place guards, if necessary, in the place where it is. If the vseizing ofiicer cannot lind a responsibh; guardian or depositary, he may, after serving the inventory upon the debtor, have the things taken away and removed to a place of safety, until he finds such guardian or depositary. If the person appointed guardian or depositary becomes, while tiie sei?iure lasts or is suspended, insufficient to be responsible for the property seized, the judge may, upon the application of the prosecuting creditor, authorize tiie ai>pointment of another »ersoa sufficiently solvent or reliable, and may order that the ' SHEttlFFS AND BAILIFFS. 27 ■ property seized be plucerl under his care, or in his possession, by the sheriff, after a vcrilioilion and inventory of the whole has been made. 577» [If the moveables have already been seized and the debtor dispossessed, any creditor making a second seizure is bound to name the same guardian, v^'ho can only be diseliarged bj the sale of the property so seized, the const nt of all the seizing parties, or the order of a judge.] As to Attachments, Htll, The effects seized must, in every ca:^e, be placed in the custody of a responsible person offered by the defendant, or, in default of sucli offer, iu the custody of a responsible person appointed by the sheriff, bailiff, or other officer making the seizure, subject to the provisions respecting guardians and depooitaries in cases of execution against moveables. RcvtnuUcation. HG7. The writ of attachment in revendication orders the seizure of the effects revendicaled, and that they be placed in the bands of guardians until judgment is rendered ui)on the revendication. tSaisle Gtvjerle, 875. Effects attached for rent or for farm dues cannot, with- out the cjuseut of tlte plaintiff, be left In the custody of the defendant, unless he gives sureties to the satisfaction of the sheriff or bailiff" Ibr the production of the effects, and such sure- ties incur the same obligations and are liable to the same I>enaltie3 as judicial guardians. Separation from Bed and Bodi'd. 987. If the wife thinks proper to demand an attachment of the moveable property of the community, she must likewise be authorized by a judge for that purpose. The attachment is effected in the same manner as attaclnneut for rent, but the husband remains judicial guardian of the pro- perty attached. 28 HANBY BOOK FOR It is to be observed that this code contains no special pro- vision prohibiting the appointment of the seizing creditor, his relations to the fourth degree, or his servants, as guard- ians, differing in that respect from the Code de Procedure in France, and as it is a r^-^xim that the prohibitions of the law cannot be extended udt must be construed strictly, it would seem to follow as a necessary iufereuct that any of these persons might be lawfully appointed guardian to a seizure. Upon general principles, however, and as has been also declared in cases which have arisen in our Courts, it is ^'contrary lo good morals to allow the judgment creditor to interfere personally with the execution of the process he has obtaiued against his debtor, as this would be, to a certain extent, allowing him to take the law into his own hands, and open the door to oppression. It is advisable) therefore, to avoid the appointment of those persons as guardians. As it is the privilege of the party upon whom a seizure is made, to furnish a solvent depositary or guardian, whom the seizing officer is bound to accept when offered, it be- comes necessary, as a matter of precaution, that the solvency of the guardian so offered sliould be particularly enquired into, the officer being relieved from responsibility only when he can establish that such guardian was solvent when accepted. The Art. 560 of the Code has omitted the words " or reputed so to be," which are found in cap. 92, sect. 10, 2nd paragraph, of Cons. Stat, of L. C, but it is evident that the only enquiry the officer can make under the cir- cumstances must be limited to the question of general SHERIFFS AND BATLIFFS. 29 reputo, lie could never be expected to iiinke a criticu) investigation into the affairs of the person offered, on pain of becoming personally answerable if he turned out to be insolvent, so the spirit of this article must be what is expressed in worus in the statute. The seizing officer, while for his own protection, taking the precaution of ascertaining the solvency of guardians offered, must not allow himself to be influenced by any malice, or spite, or excess of precaution on the part of the party prosecuting the seizure, into a refusal of the guardian so offered, if found responsible, but must on all occasions act impartially, as l)ecomes his position as an officer of that iustice which holds ever an even balance. It seldom occurs in practice, that the depositary offered by the debtor insists upon the removal of the property, or places guards in the place where it is, but ?t is sometimes found necessary, when a guardian is appointed by the officer, to remove the effects. The provisions of the Art. 577 are intended for the case where there has been an actual removal of the effects already seized, or where the guardian or guardians ap- pointed are*found in the premises, in possession under a previous seizure. If the guardian refuses to sign the 2)rocc$ verbal of the second seizure, he is, nevertheless, to be appointed by the seizing officer, who should mention in his proces verbal the refusal to sign, and a triplicate original is to be served upon both defendant and guardian as in other cases. ' It often happens that writs of execution are issued from both the Circuit and Superior Court, against the same defendant, but at the instance of different plaintiffs. The 30 HANDY BOOK VOR seizure uriUor tlio vviit Iroui the Circuit (Njurt, iioccs.sarily for a small amount, is perhaps the hrst made, and it may be that the guardian appointed to that seizure will not be eonsidered a proper person by the officer who makes a second seizure under a writ ironi the Suj)erior Court for a much larger amount. The only remedy apparently is to make application under the last clause of Art. 5G2 quoted page 2(5, and obtain an order of the Judge for " the appointment of another person sufficiently solvent and reliable," and if necessary, that '' the property seized, bo placed under his care or in his posscsfiion by the sheriff after a verifica- tion and inventory of the whole has bcCij made." The guardian who has been appointed under two or more separate seizures should be c.reful to take a receip*- for the articles sold under any of them, and the bailiif ought always in such cases to give such receipt for the justification of the guardian if afterwards called upon for the ''occs verbal that the effects attached are left in the charge of the defendant as judicial guardian thereof according to law. It sometimes occurs that the defendant, who does not at the time of seizure, furnish a guardian, is desirous after- wards of furnishing one. So long as the writ, under which the seizure or attachment is made, remains in the hands of the seizing officer, whether sheriff or bailiff, it is compe- STIERTFPS AND BAILIFFS. 31 ?«;irily md it re will makes urt for CO 111 lent ibr liim to nccept a voluntury guardian, as lie is master of tlie proceedings, ])ut alter a return is made of tlie writ and proceedings thereon it seems necessary tliat tlie defend- ant should make application to a judge for permission to substitute a voluntary guardian, furuished by him, for the guardian cVoffice already appointed. The proceeding to be adopted for the appointment of a new guardian, is similar to that required in tlie case men- tioned in the third clause of Art. 502. The seizing officer must make a verification (reculaneht) and ProcLS Verbal of the new appointment. Form of Rk'ohmmt and Proccs Verhul of ajjpouUmiint (f iicir Guardian. Province of Qnebec, ) District of No. A 15., I'laiutiir. vs. C. D.. Delt'iulant. in tlie y.'ar of our Lord oiit^ A)i(i on tlic (lay of tiiou^and eiglit liuiuln<(l and I, E. v., Iwilirt' of tiie Siipf-rior Court, duly admitted and ^vvorn in and for the .said District of under and by virtue of the warrant of jih"ritf of the raid District of , founded upon tlu' Avrit of in this cause is.sued. Ijearing date tlie day of liave b"' inici/e.) where I have proceeded to the verification (rccolcment) o\' the effects attached and seized [or seized and taked iu execution, as the case may be,) under and by virtue of the said writ of and placed in the care and sale-kee[)in>,' of as guardian thereto according to tlie 2'roccs \'erl.>al of sucli seizure, as follows: Articles found iu tiio same state as when seized, ^here follow,^ the ennme- ration nf the articles.) Articles not found, nor represented by the defendant or guardian, (here enimierate the articles dejicient.) And J have appoint(Hl to the care and safi>-keeping of the said elTects so found as above in the place and stead of the said , former guardian tliereto now discharged, V. D,, of , as voluntary guardian 32 irAN7)Y BOOK FOR tlHTffo tiinu,«li(Hl by Die saul .|«fH'U(ljiiit. who hor«b> becoinon houiullo take all i).' thonsand, oipflit luui. noon, undoi and l»y virtmf of 'liorilV of the l>i-*tii'rT. of , to nu' delivorcil, grounded on a writ of {fierc vientiou f/w kind of 7rrif, issuod out of the Court in and for tlu' said District of at the suit of the said (Flaintif,) against tlie said {Defeiuhmt,) and bearing datt- thf day of , (to mo deliverod.) I, K. F., one of tlio sworn Ijailitfs of the f^upci ior ( ouri for Lower Canada, appointed and acting in ami for the said District of , (or sherifl", o/- Deputy {^lu^ritf. of tlie said District of as ihe case iwnj ht) have been ( to the domicile of the said or whatevfr pIctCf the. sei.urc is made at,) wliere being, I liave seized and taicen in execution as belonging to tlie said and found in his i)OS8eshion tlie follow- ing goods, chattels, and eU'e.cts, to wit : or if a same arret a'lnple or tud.-iie conservatoire, have seized and attached the estate, debts, and eflects, of the ivvid , as follows, to wit: or if a saisie reremUcatiov, in./e seized and attached in the pos- session of the said , and ai^ be'onging to the said , and by him point^nl out to me, at the liui ,.', the following etfectv mentioned in the said writ, to wit: or if u saisie t/ar/erie, have seized and attacliod the following household furtiitun.'. goods, chatti'ls, and eflects.or such other po? » , and ^ntlonod in \ following (eneral de- le premises tiou of tlie it: k qf the av If It is impoHsible to eoiijplotc the sei/.uie tlio saine day the bailiff or Heizin«jj officer ouj^ht, to cIohc his procoediiifrs in the following form, viz. : Itboin/? seven o'clock In tlje afternoon the pn-spnt ."eiznro Is continued till to-morrow tlio day of instant for tli.- fnrther jji-osfontion of the same, and I have, in the meantime, e.stai>llshed an gmirdiau (t/arnison) in the isaid nrf'ini8<'s A. 15., of &c The seizing ofiicer and guardian should sign hero, and thon continue the proccs rerhal the next day as follows : And on thi.^ day of at of fiio cloclv in the ton-noon, the present seizure and enumeration is furtlier continued wa follows, viz. : iContinnation qf Description.} beiiijj all the floods, chattt^ls and etiects, found in th(> possession of the ■^ivid , , /ith tlMM'xception of tlu)s<> exempt hy law from seizure.) And tlie said upon my reriuisition to furnish a solvent depo- sitary, (procured A. I?., of wlioin 1 iiave ucceptod and appointed and who hereiiy beconi<>sl»ound, as puardian or depositary of the said "■oods, cliaitels and ellt'cts, so seized as aforesaid, to take all needful care tliereof and lo represent tin- siunc whenever and wherever nupiired according to law, until duly discharged.) ()r, if the defendant neglects or refuses to furnish a guardian, then (having failed, or made default, or refused, so to do,) I havo appointed C. D. , of as guardian d'ofKci' to the said goods, &c., as before. And the said defendant and guardian are lu'reby notified tliat tlie saitl goods, chattels and etli'Cts will ije olfered for .«aie, by myself or some other bailifl' of the Superior Court, at (pkwe of safe) on the day of at of the clock in the noon. This notice of sale is only required when the seizttre is under a Writ of Execution. Thus done and exe':!ut(»d in triplicate at aforesaid, the day of in theyear one thousand eigiit hundred and seventy in tiie noon, and signed by the said yuardia'i and bailiff (and if vvitnei*seH have been called in the caae of Art. 509, then add, and A. 13, of and C. D of , witnesses called hereto,) one tripli- cate original hereof being then and there delivered to the said guardian, and one to the said dettnidant.) 1 Guardian. ) Witnesses. liailiff. 34 HANDY BOOK F03 If the triplicate tor the defendant is not so delivered these words will be omitted, and a short returu of the service thereof upon the defendant must be added upon the original retained by the bailiff or annexed thereto. Whenever it is necessary to appoint anew guardian, the Proces Verbal oi' the verification or /•eco?e??ie7i^ and appoint- ment may be in the following form: Commence with the title of the -"ause, and description of the parties as in the Proces Verbal of seizure, then proceed as follows : day of 5n the year one thousand eight On this hundred anii I, A. B., one of the bailiffs ot the Superior Court for Lower Canada, in and for the said District of , under and by virtue of the order granted by , on the day of instant, for the appointment of a new j^uardian in this cause, have proc<>eded to tlu^ veri- fication recoltivietit of the effects hereafter sk«M?ping of C. D., tlie guardian thereto appointed, as follows . Effects mentioned in the Proces Verbal of seizure, and found in tl»e care of the said ('. D., guardian. (Here follows enumeration in the same order ad in first seizure.) Efft>cts nu'ntioned in Proces Verbal of seizure, but not found upon tlUti revlement. List of effects. Explanations of ijuardian. And having completed the said verification, as above, I have appoinlnKl K. F. of guardian to ttie effects found upon such verification, and above enumerat<»d, who liereby becomes hound as such guardian to talie all noedftil care thereof, and to represent the same whenever and wherever reijuired according to law, until duly discharged. Thus done and executed in triplicate at aforeaaid, on the day and year rtrat abovo-mentioned, between the hours of and , and signed by the said E. F., guardian, and tb veri- virtue of care and 1 the car*' ) upon tlki«i dian. hisreof l»en»^th*>n luul tliere delivered to tlu' E. F.. jumrdian, and one to the suid defendant. (S if J nature ft.) dUAirdian ippointiHl rlfication, lardian to never and ID the day nd , triplicate BnUijff Notice of Sale of Moveables. 571. Immediate notice must be given to the debtor, and to the guardian or depositary, of the place and time at which the moveables will be offered for sale, ♦572. Saving th'i exception contained in the following article, the sale of moveables must be published by posting and reading a notice, in a loud and distinct manner, at the door of the church of the place where the seizure has been made, immediately after morning service on tlie Sunday next after the seizure ; and if such seizure was not made within a parish, the publication must be made at some public place in the municipality, and the sale cannot take place before the expiration of eight days, reckoning from the day of such publication, nnd a certificate of such piibli- Ciaiou must be annexed to the record of the exectition. 5721. In the cities of Quebec and Montreal, the sale of move- ables seized is advertized only by a notice, stating summarily the names of the parties, the nature of the effect:', and the time and pbice of sale, inserted in French in a newspaper published in that language, and in English ia a newspaper pulilished in the FiUglish language ; and if there should be but one paper in the *lace, or if all the papers are published in but one of such lan- guages, then the notice must be inserted in both languages in one paper; and a duplieat- of suc^. notice must he posted in the sherilfs office from tbe time of .such advertisement in a news- paper until the day of th';! sale, which cannot take place until .'■ "ter the expiration of elg'it days from the day i^such p.. ication. No more than two dollars is allowed 'or the cost of Buch adr.u'tisement. The seizure beinc; effected the officer must, if under a Writ of Excution, give immediate notice to botli debtor and guar- dian of the time and place of sale. 36 HANDY BOOK TOR This notice wliicli must bo a lorlttai one, I liavti embodied in the ibrni above given of the Froces Verbal of seizure, following the practice which obtains in France in such cases. It need not necessarily form part of the Prnces Verbal, but as it is to be given at once on the seizure being completed, it will be found convenient m most cases lo include it as above. The Code of Procedure contains no special provision respecting the jj/arc where sales of moveables under seizure shall he made, if we except the Art. 563, which provides that effects seized in the country parts may, by order of the judge, for cause shewn, be removed to the nearest town for sale. We arc left to infer that the place of sale shall be the place where tlie effects are seized, or to which they have been removed at the time of seizure for safe-keeping. T] Qordoniiance of 16()7 provided that the sale of etfeets seizeu should be made at the nearest market, with the modi- fication tluit, if there were no market in the locality, it should be made after grand mass or vespers. In the ordinance 25 Geo. III., cap 2, sect. 32, is found this proviso, when directing how moveables are to be sold, " provided that the place of sale shall be in the same par- ish in which the seizure is made." There is also contained in the same section a provision for the removal of effects in country parts to the cities of Montreal or Quebec, similar to that of Art. 563,^above cited. It is evidently contemplated by this ordinance that a sale may be made at another place than the domicile or place of seizure, as otherwise the proviso restricting the place of sak to the parish would be without significance. The rule ! SHERIFFS AND BAILIFFS. 0( 1 which should apply is manifestly this, — What is for the mutual benefit of the debtor and creditor ? In ordinary cases it would matter but litt'c one way or the other, so far as the price obtained for the effects is concerned, whether the sale were made at the place of seizure, or whether the effects were removed to another place, and as removal is always expensive and attended with risk it is almost the universal practice to sell at the place where the effects are situated. I can, however, find nothing to justify the ground which has been taken in some cases, that it is not legal for the ofl&cer to fix the sale at any other place than the domicile where the seizure has been made. Art. 572 provides, that with the exception of the cities of Quebec and Montreal, the sale must also be jmhlLsked, by posting and reading a notice at the church door, the English version says of the place, and the French version, of ihe J Kir iish, where the seizure is made. Now there are j>!acis in the provinc(; in which there is a church but which have not been erected into parishes, aiid, as the object oi' puh/i shin Y BOOK FOR and it would probably be held that the spirit should in such a case, prevail over the letter of the law, I am not aware of any decisions which settle this point. The article goes on, however, to say, that if the seizure was not made within a parish " the publication must be made at some puhlic place in the municipality " without specifying whether jt shall be on a Sunday, or at what time of day, and this will, perhaps, remove the difficulty above alluded to, as a place where the people assemble for public worship is per- haps the most public place that could be selected. But it may bo in some 1 - ,'^lities there is no place where the people meet regularly for j)^ worship on Sunday, and in that case must the publication, be made on a Sunday ? It would seem not, as it would be absurd for a bailiff to go all alone to a place where there would be no audience whatever, and read in a " luud and distinct manner " a notice of the kind. The foregoing remarks are made, as is obvious, with refer ence to localities in the newly settled parts of the Province? in which alone could arise any difficulty as *o the proper proceedin;jfto be adopted. Art. 573 makes an exceptional provision with respect to the cities of Quebec and jMontreal, that sales of moveables seized are to be advertised in French and English, in the newspapers, and a duplic-'^te of the iiotice posted in the sheriff's office. This latter provision, so far as any affect in giving publicity to the sale goes, is of little value, as the public do not frc annexed, by reading in a loud and distinct manner, the notice of such .>alc fixed for the day of instant, and by posting such notice at the door of the said churcli, accord- ing to law {date.) {signature.') When published in the newspapers, then vary the above, as follows : That I have advertised, as the law directs, the sale of tlie niovealiles of the defendant, seized and taken in execution in this raiit^e under and by virtue of th«i Writ of Execution hereunto annexe^*, by causing to Ih^ inserted a notice of such sale, in the French language in and in the English language in newspapers, published in the said city, and that a duplicat<> of .such notice has also been j^osted in the shorilTs oUic»', as resafe custody, until you shall receive another command from me in tliat behalf IIkhein fail not at your peril, (iiven undi-r my hand and seal of office, this day of one thousand eight hundred and Sherrf. Form of Return in case of Opposition. I, the undersigned (sheriff of the District of or bailiff of the Superior Court for I-ower Canada, in and for the District of ' ,) tiereby cwtify and return that by virtue of this Writ, to me directed and delivered, T have seized and taken In execut'on themoveablesof the within named defendant, as appears by the minutes of such seizure hereunto annexed, and that I luive not proc(H?ded to the sale of the samt', by reason of an opposition d,)in dc , on the part of C. D. serve(ace of naU), in accordance \vitf< the notions and publicallnns dulv niauc accord- ing to law, I i)ailiif of thi> SuiM-rior Court for Lower (Jana(ia^ duly appoint<>d and acting in and for the District of , liavo proa?ododto the sale and adjudication of the goodn and chattels of the said , i*t*ized and taken in oxecutiou under and by virtue of Ihe Writ of Execution in this! causie irfsuod, bearing date th(' day of , the "arae being produced by A B., the guardian apjiointed thereto, andbeing sold in th€' order determined by the said , as follows, to wit : ArticUs put xipfiYr sale Purchasfr. Itesvlenci-. I Price. Remarks. If the sale is not closed tlio first day, make the adjourn- ment as follows : And it being now seven of tlie clock in tl»e afternoon, the present sale js adjournt and chattels so seized and taken in oxecutlon with the exception of tho following articles, whicli the said guardian failed to produce and represent, to wit- And then conclude as above. Anci amounting the said sale, &c. It will be more convenient to add at the foot of the minutes of sale, the statement of the costs, and the taxation of the same as follows : statement of the cost of the above seizure and sal . including the pay of the appointed guardian. Travel to make seizure miles at 25 cts. per mile I'aid tolls and ferries. .Seizure Additional cojty of minutes days extra for seizure, at $2 per day Additional words in minutes and copies over first ;J()*J words, at 7 cts yxir 100 words Paid assistant at s<'izur(? Travel to make jjublications at church door miles, at 26 cts per mile I'aid tolls and ferries Publication of sale Travel to make sale miles, at 25 cts imr mile Paid tolls and ferries Sale including minutes thereof. days extra, at .^2 jxir day Additional words hi minutes of sale over first 300, at 7 cts per 100 Paid assistant at sale (iuardian's fees days at per day Taxed and allowed at ) cts. DO 48 HANDY BOOK FOR As it sometimes happens tliat the goutis jiiitl chattels seized are not represented either by th -■ iieU'ndunt or guardian, it is necessary in such cases to u.:k.' a special return to that eflfect. Form of Return that GuarJlau has fa'deo io represent the effects seized. Province of Qmbec, \ \ District oi' No. In r»K ('OURT A. li., of&c. rialiUifl", I, the. undprsjj^nod vs. n to th(> domicile of the said , for the purpose of proceeding to the sale and adjudication of the goods and chattels of the saiit , seized and taken in execution under and by virtue of the Writ of Execution Lu this cause issued, and bearing date the day of That thei-e being, 1 made proclamation in a loud and intelligible manner, calling upon the said E F., guardian, to produce and represent the goods, ctiatteJH and efiects, so seize'' and taken in execution, and which had l>een placed h\ his care and safi? iir:ejMng as such guardian, as well as upon the defendant then and there to produce the saiue, that 1 might proceed to the sale and adjudication tiiereof, And that both the said guardian, and ttie saio defendant fa'led and mad« deftult to produce and represent the said goods, ohattelsjand effect*. Wiierufore I make the prehynt return to serve and avail as of right. (dati-.) {signature.) Seizure of Immoveables under Execution. 0«t3. The sei/.urti of iramoveables can only be made against tiie judgment debtor, and he must be, or be reputed to bo, in possession of the same animo domini. chattels itlunt or a special represent I'lainlili; Dpft'ndant, Guardian, or Court for District uf pis Jo according ■ tlie purposi"! iattols of th«^ virtue of the Ible maniuT, lit vh«^ goods, ich luui been I OS upon the roamed to the led and madu effect*!. )f right. signature.) ^ution. ade against id to hi, in SHERIFF? AND BAILIFFS. 49 No seizure can be made ol' immoveables declared by the donor or testator thereof, or by law, to be exempt from seizure. Constituted rents representing seigniorial dues are seized and sold with the formalities prescribed by the Act 27-28 Vict., ch. 39. 6tlil. The seizure of immoveables can only be made in virtue of a writ, clothed with the same formalities as writs of execution agai'ist moveables, ordering the sheriff to seize the immoveables of the defendant and to sell them in satisfaction of the condem- iiation pronounced against him in principal, interest and costs. The date < f the judgment m'.ist be inserted in or written and certified upon the writ, under the signature of the prothonotary. Exceptional provisions regulate the sale of immoveables for the payment of municipal taxes and assessments. 634. [The writ is addressed to the sheriff of the district in which the immoveables belonging to the judgment debtor are situated, and is exesuted by the sheriff himself or by one of his officers.] 635. When any of the immoveables to be seized is situated at more than nine miles from the place where the writ of execu- tion issues, the sheriff, upon the written demand of the creditor or of his attorney, is bound to employ for making the seizure, the publications and the adjudication, such bailiff residing in the locality in which the immoveable is situate as the creditor indi- cates, and in such case the sheriff is discharged from any liability resulting from the acts of such bailiff, and the seizing creditor becomes alone responsible. The seizing ci ditor, m order to avoid costs, may also undertake the transmission of the docu- uents belonging to the execution, and the bailiff is bound to return them to him, and on doing so is discharged from any con- sequent responsibility. The other provisions of article 555 apply likowiso to writs of execution against immoveables. 636. When an immoveable is situated partly in the district which the judgment wag rendered and partly in another, it 50 BANDY BOOK FOR may be wholly seized in execution, in the same manner as if it were wholly in the district in which the judgment was rendered. mt7. Before proceeding to seize immoveables, the seizing officer calls upon the defendant to declare and specify his im- moveable property, except the case of immoveables surrendered in a suit and the cases mentioned in Article 641 ; and upon his failure so to declare and specify, the executing officer may seize the property in possession of the defendant, at the risk and peril of the latter, 05$H. The seizure of immoveables is reccr'' 1 by minutes, which must contain : J. Mention of the title under which the seizure is Je ; 2. Menllon of the defendant ha Ing been called upon, as required by the preceding article ; 3. A description of the immoveables vSeized, indicating the city, town, village, 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 official plan of the loca- lity - if not, it must mention the coterminous lands ; If the property to be seized consists of incorporeal 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 mentioned, of the real property charged with the same ; 4. Mention that the minutes are made in duplicate, and that one duplicate thereof has been delivered to the judgment debtor, either personally or at his actual or legal domicile. 0*I9. The seizing party's domicile is elected at the sheriff's office, without its being necessary to elect another or to mention it in the minutes. 610. The judgment debtor, as well as his seizing creditor, may cause the ground rents and charges upon the immoveables seized to be mentioned in the minutes ; bit it is not necessary to mention rents established in redempt'oo of seigniorial rights, and any oppositions filed for that purpose cannot retard the sale, but must bo returned by tlic sheriff, and no costs (an be obtained thereon by the opposaata. SlIEKIFi-'S AND BAILIFFS. 51 641. No minutes are necessary in suits institutPd by building societies for bringing to sale the immoveables sulyect to their hypothec or right of pledge, ror in the case of Article 907. ^'13. [Whf n the sheriff" has seized an immoveable upon a de- fendant, he cannot seize it again at the suit of another creditor, or of the same creditor for another debt, aa long as the first seizure subsists ; bat he is bound to note any subsequent writ of execution as an opposition for payment upon the first writ; and in such case the first seizure cannot be abandoned nor suspended except in consequence of oppositions applicable as ^ell to the seizing creditor as to those whose writs of execution have been noted as op[)osilions, or with their consent, or by an order of ajudge.J 01«)k. [In the event of the seizing cred^or abandoning the seizure, or receiving payment of bis claim, the sheriff is bound to continue the proceedings in the name of the seizing creditor and at the cost of the judgment creditors whose writs have been noted, in order to satisfy the olaims specified in the subse thousaml eiglit liumlrod and under and by virtue of (the warrant of E.*quire, ir^heritt' of tlie District of , to me delivered, grounded onj a writ of Furi FacUut or alias Fieri Facias, i^sneii out of tlie {Supe- rior or Circuit Court) in and for tlie said District of , again.-t the (good? and chattels and the) lands and tenenientj- of C. D., the said defendant, bearini? date the day of I, , one of the pworn bailifls of her Maji-sty's .Sup'rior Court for r>ower (^anada, appointed and acting in and for the said District of , (or >:herift", or deputy sheriff of the said District of iiavo Ix^n tf» thu domicile of the said in the of , whroperty, the parish, seigniory or township, and the county and district in which the same is situate,) in the county, &c., bounded, &c. To be sold, at , on the day of , at o'clock in the (forenoon); the said writ returnable on the day of next. A. B., Sheritr. No. Venditioni Exponas. No. Alias fieri facias. In cases of venditioni exponas the advertisements are to be made as provided by Art. 663. The writ of venditioni exponas orders the sheriff to proceed with the sale of the immoveable or of the rent under seizure, after a publication in French and in English at the church door, on the third Sunday before the sale, and two advertisements in a public newspaper, with the formalities P'escribed by Article 648. It contains, moreover, such other conditions as the court directs ■e.fi)ecting the sale of the immoveable or the rent. 58 HANDY BOOK FOR Of OppositionH to the Selzare and Sale of Immoveables. The Articles under this head, which relate to the duty of the sheriff, are gi^en at full length. 051. The sheriff, in the absence of any consent on the part of the seizing creditors, cannot stop the sale of iramoveabloa except upon a judge's order, or upon the filing of an opposition, accompanied with an affidavit on the part of the opposant that all the allegations in the opposition are true, to the best of the deponent's knowledge and belief, and that the opposition is not made with intent unjustly to retard the sale but solely to obtain justice. 03!S. Every oppopition to the seizure and sale of immoveables or rents must bo tiled at ihe latest on the fifteenth day before that lixed for the sale. No opposition tiled after this period can stop the sale ; but if the object of the opposition is to withdraw, in whole or in part, the immoveable or the rent nnder seizure, or to impose upon the purchaser some charge which would be destroyed by a sheriff's sale, such opposition has the effect of an opposition for payment out of the moneys levied. The sheriff in all cases is bound to return such oppositions into court. 053. Notwithstanding the filing of any opposition lo the seizure or sale of immoveables or rents, the sheriff is bound to continue the publications hereinabove prescribed ; but he cannot in such case proceed with ihe sale without an order from the court. Nevertheless when the opposition is founded upon grounds which only go to reduce the amount claimed, the plaintiff, upon giving the opposant notice that he admits his opposition, may proceed to the sale in conformity with the conclusions of such opposition. 054. Every opposition must be delivered to the sheriff, and the return of its service upon him, if it is required, must be made at the foot of a copy thereof. SHEPJiFS AND BAILIFFS. 59 Of duty ii^^. Haviiiji^ the provision.s of Article 'iTrj, llie rfljeritl'is bound to return into court, within twenty-i'our hours, any oppositions to the seizure and sale duly served upon him, together with the writ of txecution. all his proceediiig:^, inchiding a duplicate of the advertisement published m tlu' Canada Gazette, and a certificate of the oral itublication, if it has taken place. tl«S!>. Oppositions to secure charpos may be filed by a third |.arty when an immoveable under seizure is advertised to be sold without mention being made of some charge uit.h which the immoveable is burthened iii his favor, and from which it might be discharged by a sheriff's sale. Such oppositions are unnecessury and cannot be received : 1. For the purpose of securing servitudes; 2. For the purpose of securing dues or rents created in the place of seigniorial rights. 0022- When oppositions are decided before the day fixed for sale, if the seizure is not set ashle, the sherlti' on the day of sale may proceed upon the writ in accordance with the judgment of the court. But if the oppositions are not decided until after the day fixed for the sale, the sheriff can only proceed to sell under a writ of venditioni exponas, nrid in conformity with the conditions therein mentioned, OO I. When all the advertisements and pulilications required by law upon the first Avrit have been duly published and made, the execution of a writ of venditioni ejcponas cannot be stopped by ojjposition, unless for reasons subsfqaent to the proceedings by which the sale was stopped in the first instance, and upon a judge's order. Of mMur^ aiul Sale. OOil Bids may be given in writing at the sheriff's office at ar.y time after the seizure, except during the eight days previous t'» the day fixed in the sheriff's advertisement for the sale of the 'mmoveable or rent, either upon the writ of fieri facias when tlje sale has not been stopped, or upon the venditioni exponas, if 60 IIANOy BOOK FOR the sale was prevented from taking place according to notice under the fieri facias. 0r final bidding and adjudication at the registry officf^ for the registration division in which they are situate. SHERIFFS AND llAILIFFS. 61 Those which are 3ituat,ed in the city, town, or chief- place where the sherilT's oflice is ke]>t, or within the suburban limits (haulieue) thereof, must hi' bid upon and sold at the sheiiff'g office. All other immoveables must bo bid upon and sold at the door of the parish church of the locality where they are situated. 073. The sale cannot take place on a Sunday, on pain of nullity. 07^- On the day and at the place appointed for the sale, the officer conducting the same, after reading the notice, the charges and conditions of the sale, and the bids filed in tho sheriff's office, otters the immoveables for sale, taking as an upset price the highest bid filed with the sheriff, if any were so filed. 074. No bid can be received unless the bidder declares his names, quality or occupation, and residence, and minutes ar^ taken of the bids received. Every bid implies an undertaking to buy tho property at tub price of such bid, subject to tUo condition that no higher valid bid be given. 673- The conditions of the sheriff's sale must express all those contained in the preceding Article, in Articles 687, 688, 707, 708, and in the advertisements. 070. The party upon whom the property is sold, if person- ally liable for the debt, cannot become purchaser nor bid, neither can the persons mentioned in Article 1484 in the Civil Code, nor can the sheriff or other officer entrusted with the sale. 077. Verbal bids may be made by proxy. 07^i. The officer conducting the sale must require from every bidder, before he receives his bid, a deposit of a sum of money equal to the costs then due to the seizing party upon the judg- ment and seizure, in the following cases : 1. In all cuses^ wherein the sale has been stopped by an oppo- sition -, 2. In cases of resale upon false bidding, if the court has imposed that condition at the instancy of some party to the •uit. 62 HANDY HOOK FOR 07D Tiie i-ourt may also order such deposit or payment in any case wliere the party sciiing, or his attorney, declares upon oath that he )s credibly iiitormeu, aud hoHc'ea that the dofon- claiit, with a view to retard tiic sale, will cause the imiaoveuble to be adjudged to some insolvent or unknown person. ^HO. in any case wheriVm two resales upon false bidding hh.va taken pliicc, the court may, upon application of any inter- e.sted party, order thiit every bidder shall be required to deposit ojf pay a sum equal to one third of the debt due to the seizing party, in prim-ipal. interest anJ co^ts, but not in any case exceeding four hundred dollars. 081. In the cases mentioned i'l the three preceding articles the ollicer couduc'ing the bale niay, with the con.^euu of the plaintitr, or of any ](ers(/n authorized by him, receive thf bid of any bidder, without rtquiriiig the prerfcrihed deposit; and such consent must be in wiitiug or given in presenco of two competent witnesses whoric names such officer must enter in his return. 083. If the bidder fails to deposit forthwith the amount required his bid is disregarded, .mi the proceedings are resumed upon the previous bid. 083. The sherifl", or other oflictr conducting the sale, in bound, immediately after the adjudication, to refund to every bidder except the purchase", the aitu)unt deposited by each, and the deposit made by the purchaser is retained as part ot the purchase money. 084- [The adjudication of an immoveable cannot be made before the expiration ol a quarter of an hour from the time at which it was juit up for &,ale, and after that delay, the otficer before adjudging it must receive all other bid.s offdred.J ^ 085. The property must be adjudged to the highe&t and last bidder. 080. A person who has purchased as proxy for another, is bound to furnish the sherilf, within three days, with the narai's, quality and residence of his princi[)al, and his power of attorney, or a ratification of liis bid and purchase; in default whereof he is held to have purchased in his own name SHERIFFS AND BAILIFFS. 63 He is likewise held to have purchased iu his own nHme, if the person for wbom he acted is not known, cannot be found, is i.otonously insolvent, or 'S incapable of being purchaser. Oi^T. The purchaser is bound to pay the purchase money, or the balance thereof, within tnree days, after which delay h •, is bound to pay interest. 0^8. Nevertheless, the plaintiff or any other creditor whose claim is mentioned in the certificate of hypothecs hereinafter mentioned, or who has filed an opposition in the hands of the sheriff, may, on becomiijg purchaser, retain the purchase money to the extent of his claim, nntil the judgment of distribution, provided he furnishes the sheriff with good nud suflBcient sureties for all damages that might result to any party interested, in the event of the non-payraent of such sum as the court may order such purchaser to pay into the hands of the sheriff. OHO. Upon payment by the purchaser of the price of the adjudication, or, if he is a creditor, of so much thereof as he is not entitled to retain, the sheriif is bound to g've such purchaser a deed of the sale made to him. Such deed must contain : 1. A dooignation uf ilie writ under which the sale took place ; 2. The number of the cause, and the^ names, surnames, addi- tions and residence of the parties ; * 3. A description of the immoveable seized ; 4. A statement that all the formalitias piescribed by law have been observed ; 5. The time and place at which the property was adjudged ; 6. The conditions of the sale including thoye mentioned in Articles 707 and 708; 7. A stat'.tmentof the price at wh'ch the property was adjudged and bow it was paid; 8. A conveyance of all the rights of the judgment debtor upon the immoveable. These Articles arc in themselves Hufficiently explicit, and contain provisions respecting the bidding, the time and 64 HANDY BOOK FOR place of sale, the payment of the purchase money, or the security to be given by a creditor who beoomes purchaser, and the deed of sale. The Article 1484 of the Civil Code, referred to in Art 676 above, is given at length. The following peraons cannot become buyers either by them- selves or by parties interposed, that is to say : — Tutors or curators, of the property of those over whom they are appointed except in sale by judicial authority ; — Agents, of the property which they are charged with the sale of ; — Administrators or trustees, of the property in their charge, whether of public bodies or of prii'ute persons ; — Public officers, of national property, th(^ sale of which is made through their ministry. The incapacity declared in this article cannot be set up by the buyer ; it exisL-s only in favor of the owner and others having an interest in the thing sold. Tho ordinary conditions of sale are in the following form, and must be annexed to the return made on the writ : District of J Coukt. No. Plalntifl. Defendant. Conditions of .Salk. lo. The property is sold upon, and subject to, th(» conditions and charge wt forth in the advertisement hereunto annexed. 2o. No bid can be received unless the bidder declnre.s Win nanies. qualitv or occupation, and residence, and miuutei? are tak«'n of tie sume as well ii- of the bids received. Every bir* implies an undertaking to l)uy the proi)erty at the price of suci bid, subject to the condition that no higher valid bid will bf< given. 3o. The purchaser is bound to pay the purchase money or the baluncf thereof, within thn* days, aft«?r which delay he ia bound to pay intt>re«t 4o. Novert'.jeless, the plaintiff or any other creditor whowf claim i-^ mentioned in the certificate of hypothecs, or who has tiled an oppositioti in tho hands of the shi>riff, may, on becoming purchaser, retain th> purchane money to the exttmt of iiis claim, until the judgment of distr' butio9, provided he Airuishes the sherifl with good and sufficient sureii ^ ■MM BfilSItn'VS AND BAILIFFS. 65 nterest ia the Itioni? and ehargo for all damans that might result to any party liit<>rost«Hl. in \\u> ovent of the non-payment of such sum as tlw Court rnfty order such purchaser to pay into tho hands of tlu> slu'riff. 60. Tho purchatfcr take6 tho immovtiable in the condltiom in wliich it la at the time of the adjudication without legard to deteriorations or improve- mente subser^uent to the seizure. 60. The abjudication is always without any warranty as to the contents of the immoveable, but it coureys all rights which belong to it and whicli the judgment debtor might have exercised, and also all active servitudes attached to it, even though iney are not mentioned in the minutes of seizure. 7o. The purchaser must also pay, besides the purchase money, the fees for his Deed and the Enregistratiun theretjf. Sherifl". 1% \ Sheriff's Office, Province 0/ Quebec, District of No. Si:i'BRioR Court. vs. Plaintiff; Defendant. Minutes of the bidding, at the sale of the immoveable projwrty of the , seized and advertist^d to be sold, under the writ of in this cause issued, at on the day of tt of the clock in the forenoon, When Filed or niceivtHl. ISame of Bidder. Quality or Occupation. Residence. Amount Itid. of Of the clock to the said for the price or sum of as the highest Adjudged at Rud last bidder, and at Purchaser. ItaiUfT. The deed of sale may be in the following form : KWOW ALL MKN BY THEPK PKK8KNT8, that I, , R8<|Uire, Sheriff !»f the District of in the Province of Queb<'c, in Canada, by virtue of a certain writ of execution Fieri Facias of ( »ur Lady the Queen, to me diroct«4l, and sued out of the holding Civil Pleas In the said IMstriot, on the day of In a certain CMe number «t the toit of 66 JUNDT BOOK POU against tho lands and t*>nciTii'ut«i of hare seized and takon in oxecution, as belonging to the saiscrib higiiest and last bidder, at and for the price or aunt of That t.lie said hSM paid into my hands tho snm of and that I, the said Sheriff, by virtue of the promises, do hereby grant, bargain and sell, assign, convey, and make over, to the said his heirs and assigns, all ilie said Iramovoable above mentioned, sitiate, lying and b<'ing as aforesaid, together with all and singular the right?, title, interest and property of the said In and to ttio same and every part thereof. To HAVE AND TO HOLD all the Said immov(«able abovo mentioned and described, with its and every of it« appurtenances unto ihe said his heirs and assigns, \o his and their only proper use, benefit and behoof. for ever. In witness whrhbof, I. the said Sheriff, have hereunto set my hand and the ucal of my office, thi^ day of in the year of the Reign of Our Sovereign Lady Vkttorta by the (Jrace of Coii. of the United Kingdom of (Jreat Britain and Ireland, (^ueen. Defender of tlio Faith, and In the Year of Our Lord one thousand eight hundred and seven ty SherifT. Of Resale for false Bidding. 61I0. Upon the sberiffV return that a purchasar has not paid the whole or a balance of his purchRSe money, nor given secnrity when he may lawfully do ao, the plaintiff may demand that the immoTeable of which the purchase money thus rei . ;»?ns due be resold for false bidding upon the purchaser thus in di/ault SBBRIFFS AND BAtttFf S. t/t Of the 8wd uB rei.ums This is done by a petition serred upon the latter With the delays ranuired for ordinary summonses ; and if the purchaser does not reside or has uo domicile in the district where the adjudication took place, the service may be effected at the office of the prothonotary of the court from which the seizur* issued. FoiTn of Return of Folic encMre. By virtue of thiB writ to me directed I havo seized and taken in exocutlon a? belonging to the witliin named defendant tlje lands and tenementii mentioned and described in the ecliedule lierounto annexed, marlicd A, being the minutt^s of tlie seizure th<3reof; And have advertised and publislicd the same as required by law, to be sold at on the day of at of the clock in the noon, and the said lands and tenementjs being then and there put up to sale In the usual manner, A. B. of &c., became the purchaser then-of, being the best and iiighest bidder, at and for the price or sum of and 1 further certify that the said hath hitherto neglected to pay the amount of his said purchase according to the conditions of sale, by reason whereof, 1 cannot have the moneys arising from the said sale befon? our Lady the Queen as within I am oomnmndcd. (ilate.) {aignafure.) 694. The purchaser may prevent the resale for false bidding by paying into the hands of the sheriff, before such sale, the amouui of the purchase money, with the interest accrued thereon since the purchase, and all costs incurred by reason of his default. 606. Resale for false blddmg can only take place upon a writ of vendilioni exponas^ ordering the la-eriff to proceed with the s>iie upon such conditions as are fixed by the court. The writ is subject to the formalities mentioned in Article 663, and must contain a summary of the judgment ordering the resale for false bidding. Of the return of Writs of Execution (against hnds.) 697* The sheriff in whose hands a writ has been placed in order to the sale of the immoveables of a debtor, is bound, on pain of being liable for all costs and damages, to return such writ oa the day appointed, together with a certificate of his proceed- ings, th« minutes of seizure, a duplicate of the advertisements with A certificate of their pablication and of the oral publications, 68 HANDY BOOK FOR the minutes of the biQ-iing, the conditiona of sale, a statement of his foes and disbursemeAta taxed in conformity with Article V05, the certificate of the hypothecs char{;;ed upon the immoveable seized, and all oppositions and claims placed in his hands, or T7nt8 of execution 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 that effect, be given in'o the hands of the assignee lawfully appointed, together with the certificate of hypothecs. 69^. If the sherifi' has been unable to procure a certificate of the hypothecs before the day fixed for the return of the writ he must mention the fact and file the certificate afterwards as soon as he obtains it. 699. As soon as immoveables have been adjudged, the sheriff must procure from the registrar of the registration division in which each immoveable is situated, a certificate of the hypothecs charged upon such immoveable, and registered up to the day of sale; which certificate the registrar is bound to furnish on payment of thf^ fee established by order of the Governor in Council. The word " hypothec." as regards this certificate, includes privileges and all other charges upon real estate. TOO. The certificate must contain : All hypothecs registered against the property, as soon as hypothecs shall be thus registered, when the plan and book of reference shall be in force in the registration division ; all hypo- thecs registered against the parties who, during the ten years previous to the sale, were owners of the immoveable ; and all such anterior hypothecs as were registered anew daring that period. It must also contain the diLte of the act i.egistered as creating or evidencing such hypothec, the date of its registration, the names, occupation 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 specify, when several immoveables are seized, which of them is affected by each hypothec, montioaing, as SHERIFFS AND BAILIFFS. 09 regards each hypothec, every partial payment registered, and the amount in principal and preserved interest wliich appear to be due ; and if the registration of a hypothec has been renew- ed, the certificate must mention both ttie registration and the renewal. But the registrar must not include hypothecs which appear by his books to have been extiuguished or wholly discharged ; and in searcliing for the hypothecs the registrar must not go beyond th'<^ date of a shorilf' s title, a sale in bankruptcy or by forced licitation, or of any other sale having the eflTect of a sheriflfs gale, or of a judgment of confirmation of title, with regard to the immoveable in question, and which has been registered ; except as to hypothecs which are not by such means discharged or extinguished. If there is no hypothec registered, or if all the hypothecs regis- tered appear to have been extinguished or discharged, ho must state so in his certificate. 701. If the registrar cannot ascertain from the books and documents in his office, what persons were owners of the immove- able during the ten years which preceded the sale, he must diligently enquire of the neighbouring proprietors and other persons well acquainted with the property, and such persons are bound to give him, in writing and under oath, such information as they are possessed of. The registrar, in his certificate, must mention the information he has thus obtained, and take care that every fact upon which his certificate is thus based is attested by two witnesses, whose affidavits, duly sworn to before him or any other competent officer, are annexed to such certificate. 703. If the immoveable in question was, during the ten years which preceded the sale, in another connty or registration divi- sion, of which neither the books, entries and documents relating to such immoveable, nor copies thereof have been transmitted to the registry office of the county or registration division in which The immoveable was situated at the time of the sale, the registrar states the fact in his certificate ; and in every such case the sheriff shall obtain from the rtgistmr of such other county or 70 HANDY BOOK FOR registratiou division, a certificate of all hypothecs registered while the immoveable was withia such county or registration division, and the latter registrar likewise is subject to the pro- visions of the two preceding articles. YO^. [After the plan and book of reforonce have been depo- sited in any registry offlco, conformably to the provisions of Articles 2168 and 2169 of the Oivil Code, the Governor may, bj an Order in Council, change the form of certificate to be given by the registrar as hereinabove prescribed ; and every suoh order is published in the Canada Gazette, and takes effect from and after the day therein named, provided such day be not less than one mouth after the publication of such order, j T04. In the case of resale for false bidding, the sheriff need not obtain a certificate of hypothecs if one has already been filed with the return made upon the first sale. 705. The slierilf is allowed, out of the moneys whioh he has levied, all costs incurred by him to effect the sale, and all feee belonging to his office, after they have been taxed by a judge or J,he prothonotary, and the cost of the certificates of hypothecs ; and he must hold the balance subject to the order of the court. Althouuli the sheriff, as set forth in Art. 697, ** is bound, on pain of being liiiblo for all costs and damages, to return such writs on the day appointed,'^ and if formally required by any party interested, ought to make his retura on that day, yet, in practice, it is found that a rigid adherence to the letter of the law, by making all returns on the day appointed would, in most oases, while of no benefit to the parties concerned, be productive of expense and trouble, whioh a little longer delay would avoid. Thus, for instance, the certificate of hypothecs is not applied for until a sale haa taken place, the delay allowed by the writ in most oases will not admit of the registrar's furnishing the certificate before the ddy appointed for the jretura of the writ. 8HEIIIFFS AND BAILIFFS. 71 stored ration e pro- As no distribution of the proceeds of tlie sale can take place until the certificate is furnished, a return mWhont the certificate is of real use only when it is desired to take proceedings by rule against the registrar. This rigorous course is rarely noccssary, as the registrars, for the most part, furnish the certificates required with as little delay as possible, and it is therefore found better, as a practical rule, to wait for the certificate before laaking the return. There is evidently a mistake in the English version of that part of this Article which says, ** if there be a return of 7iuUa bona," &c., it should be nuUcn terrcc, as it is of writs against immoveables that the Article is speaking. The Arts. 699 and T05 would seem to take it for granted that, in every case of sheriff's sale of immoveables there will be a balance of moneys for distribution. But it often happens that the sale does not cover the costs of the proceedings for seizure and sale, and instead of a balance to divide there is a balance of costs for the plaintitf to pay. In such cases it is manifestly absurd to swell the costs still farther by obtaining a certificate of hypothecs, this being of use only when there are moneys to distribute, and so these articles, although they might from their wording bo supposed, at first sight, to apply to every case of sale, iiie found to have application only to the case which they pre-suppose, that of a balance of moneys for distribution. This appears in fact to be the case when reference is made to the Statute cap. 36, sect. 26, C. S. L. C, from which Art. 699 and the three following Articles are taken. Nothing is said as to the mode in which the sheriff is to procure the certificate ; a notice forwarded to the registrar that a certificate is required, is suffioieut in ordinary cases, 72 HANDY BOOK FOR but, in case a registrar does not comply with the demnnd, a formal service upon hini might be requisite to support a rule taken against him. The return upon a writ of execution against lands may be in the following form, or any other to the same effect. By Tirtue of this writ to me diivctPfl I havosolzfd and taken in oxeoution afl belonginf^to tho within named A.. B., defendaot, the lands and tenements mentioned in tho schedule hereunto annexed, marked A, being the Proci-s- Verbal of Huch seizure, and have caused the same to be advertised and published according to law, to be sold, at (place of fale) on the day of at of the clock in the noon, a certificate^ of such publication being hereunto annexed. And the said lauds and tenements lM>ing then and there put up to sale in tho usual manner, A. It., of, kc. became the purchaser thereof, Mng the highest and best bidder iit, and for the price or sum of dollars as appears by the minutes of bidding hereunto annexed, and I have l»vled of tiie said lands and tenements the sum of , as appears by the statement hereunder written, which last mentioned 9um I have now in my hands ready. And I have procured a certlficaU^ of hypothecs from tho registrar of , which is also hereunto annexeii and herewith returned. If the purchaser retains the whole or any portion of the amount levied, upon security given then say : Which last mentioned sum the naid purchaser has retudned in his hands, having given security therefor, according to law, or Of which said last moutiuned sum the said purchaser has retained in his hands the sum of having given security, &o. Of ih*i effect of Sberiff's Sales. 706. No adjudication is perfect until the price is paid, and then it conveys ownership from the time of its date. TOT. The purchaser takes the immoveable in the condition in which it is at the time of the adjudication, without regard to deteriorations or improvements subsequent to the seizure. KOH* The adjudication is always without any warranty as to the contents of the immoveable, but it conveys all rights which belong to it, and which the judsrraentdebtormight have exercised, and also all active servitudes attached to it, even though they are not mt^ntioned in the minutes of seisore. SHERIFFS AND BAILIFFS. ts Bmand, pport a is may ffect. xeoution le rroras- tiwd and noon, a ] the Mid tliu usual ighcHt and ipiieara by of the said statement my handtt pglstrar of rned. )n of the 1 hi8 hands, ined in Iw paid, and condition it regard zure. Einty as to tits which exercised, ugh they ■yOO. A sheriff's sale does not discharge imraovcables from servitudes with which they are charged. 710. A sheriff's sale does not discharge property from hypo- thecs resulting from tho commutation of seigniorial rights, excepting arrears accrued previously to the sale. Nor does it discharge property from the right of emphyteusis, or from substitution not yet open, or customary dower not yet open, except when it appears on the face of the proceedings that there exists a prior or preferable claim. Til. A sheriff's sale discharges property from all other real rights not mentioned in the conditions of sale. 71S. A purchaser who cannot obtain the delivery of the property from the judgment debtor, must demand it of the sheriff) and !Jpon the sheriil's return or certificate of the refusal to deliver, the purchaser may apply to the court by petition, of which the debtor has received notice, and obtain an order commanding the sheriff to dispossess the debtor, and to put the purchaser in possession, without prejudice to the recourse of the latter against the debtor for ail damages a^id costs resulting from his refusal. 7111. The proceedings upon this ai)(>lication are the same as upon that for a resale for false bidding. It sometimes becomes necessary to take procoediiigs under Art. 712 to obtain possession of the itniuoveable sold. Tho sheriff may in person make the demand of the defend- ant to deliver, but if he sends a bfiiliff a warrant must be granted by the sheriff in the following form : Promnce of Quebec ) District of ) A. B., Esquire, sheriff of tlie District of in the Province of Qu«b«c. To all and singular roy bailifll), . Grkktino : Whereas on tine day of last, at the churcii door of the Parish of in the said District. C. D., of, Ac. Ijecunie tho purchaser of the following iiumoveabkis, to wit : ( Description of property . ) seized and sold by me as belonging to E. F.. of, &c., defendant, at the suit Of G. I^., of, &c., plaintiff, under and by virtue of a writ of execution 74 HANDY BOOK FOR iwued out uf thu ('ourt in and i)r tho soJd DiHtrict, aud bcariitg datii tho day of And whereas tho «aid dofindaiil, as it is said, rof\i.-4W< to give up to tho said purcha«or the posht'SHion of tho Haid linmoveahle; You aro therefore ht^reby roquircd and comma»dod to demand of tho sald(nanio of dofondant), and all porMoni" hokling or occupying the said immoveable or any part thoreof. tliat they do inim(Mliately, under tho ptinalty of the law, give up to tli*' wild purclia«or thenKif, m aforMaid, tho quiet and i)eacoablo poanowion aud oiijoynumt t»f tho said immovoable and every portlou thereof, aud tliat you do forthwith return your proaHHiinKfi hereon. And for so dolujr, tins «hall irn your warrant. Hereof fail not at your peril. Given under my haud aud deal of ofllco at tbe day of one thousand eight liundred and Shttriff. Upon this warrant tho bailiff who makes the demand makes his return aooording to circumstances. If it be h return of refusal the sheriff thereupon makes his own return or certificate to the court, that the purchaser may proceed thereon to obtain a writ of possession. In the execution of the writ of possession, as in all other cases, care should be taken that no unnecessary severity be exercised, as the law is not to be made an engine of oppres- sion or undue violence. or OpposltloHH for Payment. 719, Oppositions for paynieut are nocessary oulj for such claims as the registrar is not bound to insert in his certificate of the hypothecs charged upon the immoveable sold, as required by Article 700. [They are not necessary for claims resulting from municipal or school taxes, or assessments for the building or repairing of churches, parsonages and church-yards ; and it is sufficient that a statement of such claims, certified by the secretary-treasurer, or other authorized agent of the corporation, be filed ia the ban4s of the sheriff or prothonotar^, SIIERIFPa AND TIAILIFPS. 75 1 bearing ip to thu nd of tlu> the »aid tidor tlio leriHif, at) th<) Raid th return t'l... idn'd and Sheriff. 3emand it be a I return proceed II other erity bo ' oppres- for such ifica*e of iuired by QLunicipal >alring of :ient that treasurer, ;be bands Claims tor arrears of cem el renUa or other renta couatituted in their stead, may likewise bo made by (iling vriih the Bheriff or prothotiotary a statement thereof under the signature of the seiguior, or creditor, or of his agent.] 7I20. Oppositions for payment may bo fded with the slieriff, if lie has not yet made his return, or in the office of the protho- notary where the return is made, within six days after the rotiirn. After this delay, they cannot be filed without permission of tlie court, and upon such conditions as it imposes. 731. No costs are allowed the opposant upon oppositions for the payment of any of the claims mentioned in Article 719. Although this last Article says no costs are allowed the opposant, this does not preclude the sheriff from exacting the fees upon such oppositions. or the Payment of Monies Levied. 15T. At the expiration of fifteen days after the date of the judgment homologating a report of distribution, the sberiti is bound to pay to the parties entitled thereto, the moneys which he has received. 758. The amount of the collocation of a creditor mentioned in the registrar's certificate and who has not filed an opposition, remains in the hands of the sheriff until such creditor or his legal representatives demand the same, and give a valid acquit- tance therefor. 759, The sheriff, or other officer pe forming his functions, may be held by coercive imprisonment to the payment of the moneys by him levied and received, 700. If the moneys levied, or a portion thereof remain in the hands of the purchaser, the judgment of distribution must bo served upon him, and upon his failure to pay to the sheriff, or to the parties interested, within fifteen days from such service, the a nounts necessary to satisfy the claimants who have priority ( ver him, the latter may demand the resale of the immoveable upon him for false bidding, 76 HANin' BOOK FOR T61. [Any partj' tiggrievcd by a judgment of distributicn may 8e«k redress by means of an appeal, or a petitioa ia revo- cation, if there are grouods for it, wiietltcr ho has appeared in the suitj or, his claim being mentioned in the % holiday, or at any time, if it is establislied that the defendant in acting in such h manner a3 to escape it. SHERIFFS AND BAILIFFS. 77 listributicn )Q ia revo- ppeared in ite of hy po- le who has lifteen diiys It,] ition being of tho evio- f any right sale, whal- irned to tlio loneys upon appeal, for nd is liable to pay only y to expire rit. [)ii this 8Ul)- 1 in the tirai' vice ; or befuro arr the two pre- )e made on i» defendant in 787. Coercivo inipriaoamont can only be executed in virtue of a writ or order from the court or judge, which may be addressed to the same officers, and is clothed with the same fer- maUties, and contains the same matter'' of recital as t.hoso required in writs of execution. 7?<8. WheueTer the person condemned to coercive iinpriaon- meuL resides in another district, the writ must be addressed to aud executed by the sheriff of snch district. 789. Coercive imprisonment is effected by arrestinp; the debtor and placing him in custody of the keeper of the eonnnon gaol of the district in which the writ isaued. If there is no gaol in the district he must be ! npriaoned in the nearest gaol. 79!l. The debtor may obtain his dischargee: 1. By paying into the hands of the sheritf or of the prothoiio- tary, the amount of the condemnation, in principal, inteioat and costs ; 2. With the consent of or a releMse from the creditor ; 3. Upon the failure of the creditor to pay in a7 BOOK FOR 804. It is not neceBsary that the declarat-on or statement of the demand should be served upon the defendant at the time of his arrest, but it suffices to leave ii copy of it either with him, or »t t\n\ ofCce of the prothonotary, within the f three daya which follow the service. J Hi^H, The Superior Court alone haa jurisdiclion in matters o< capias. 800. When the capiaB is issued by the proihonolary of tho Superior Court it is addressed to the sbpriff of the district where it is to he executed, ^ilO It may be issued by a clerk of the Circuit Court, in vrbicb case it is adi^.reised to the sheriff or to any bailiff of the ilistriot in which it is to i»e execirted. Mil The clerk of tht Circuit Court acta in such case as an »ificer u> the Sijperior Court, and the writ of capias must be vooriiud throughout as if it was issued by the prothonotary. HIJ8. h\ (tH cases inw hich a writ of capias may issue, a war- ram of arrest may be granted by a Commissioner of the Bupericn Court aii^ bo addrwaied hy him either i.o the sheriff or a bailil!" •r *mf other pe«/*>« officer in his vicinity. NIS. i^jch warrant is in the name of the commissioner wiio grantr! *t , i' orders the arrest of the person therein designated IMid )"»i -ielivery ovsr to the gaoler of the district, who is com- 0Mikh-d to keep him in hit custody during forty-eight hours, and no louger, inless before the expiration of that time tiie plaintilT has obtainiM] and caused to be executed against cuch defendant a writ of capiai in the ordinary course. ^tlO. if the writ of eapiatt is .addressed to a bailiff, the baililV who is charged with it arrests the dofendaut and delivers him OTsr, together with tbe writ, to the slieriff, who thereupon becomes n^Rponsibls. M17 It ihe writ of capiM is addressed to the sheriff he is then iMiund t6 «secute it or lo cause it to be executed by 1 * ctficsrs. JlilN The flh«ri(f is bound to keep the defendant in the com- mon gaol of the difitrict, tinti) the lutter given security or is dis- charged as« hereinafter provid«*(l SttERIPFS AND BAILIPPS. 1^ n matters o\ Form of Return to Warrant of Sheriff on a Writ of Commence witb the title of the cause, as follows ; Proviwc of Quebec, In Tils SlIPKRIOU ('OITRT FOR liOWER CANADA. A. B., of &c. District of ) Na rialntiff; vs C. D., of &C. Dofi'iulant 1, A. FJ., Ac, (hs In rotuni of si»rvico. pago ,1 hcn»by ct-rtify and return to K. K.. Ertquiro. slieritt" of the said District of , thut by virtiK' of hi.-» warrant to mo din'cted, foinid«'d u|>on tho writ of caputs (ul rcsjHmdi'tuhim in thin cau8y issucnl, and bt'aring daty th»' naid writ tho day of ,1 have, on the day of at of tho clock in tho noon, at (place of arrest) arrested C. D., the detimdant nam distance of rniluiH. And that my ti'os and diHburs«'mentJ< amount to the «um of M ih^tailiHl l)elow. {g%(/ flat are.) If the defendant, instead of being lodged in gaol, i? admit- ted to bail by the sheriff, tho return must be vtried iv^cord- insily by saying : Wh(»ni i brought to tho offle^^ of the said flh«'riir, wlu-n he wa>» ndtntttod to ball and thereupon re]eaii(>U from custody. or DlBchar^e apon Bail. 8SI8. A defendant arrested upon a capiiia may obtaii) his proTisional discharge by giving good and sufficient sur^tioa to the sheriff to the Ratiafaction of the latter, before the return day of the writ, that he will pay the amount of the j.'dgment that may be rendered upon the r«Nf'nta. that wo, {uamtkiTf tfu defeiuiant rtmij hist hlstrict of , In L<;wer C'aiiaHcb of uh by lilnwlt • the wholn and <'V«»ry part tli»'n.' jf, and tht- heir:*, tixecut4>ri», and admini-i iratorH of w, »nd every of u.^, Urmly by tluw presents, eealeU w'm SHERIFFS AND BAILIFB'S. 81 ' for the siirti- ren. nment of tlic ■sing his name dcfeiulftiit aiul hu3 discharj^'f i\e thedelend- signed by the attorney, urt, the names inst require the t ia the duty oi I surrender.] !U upon an atfi- I rorn to befon: i Miperior Com' the debtor then pc»n the back u: ;he debtor wii'i hand him ovr: ;28, the shoritil iH rcsponsiblq /,'/. iU'fviulaut nH\ f7f//',)i«lioriffottl in of («»l uTltr. or hiH('.''i'«ifj ikli pnyruoiil. t..i>f )f Urt by liinwlt ' f titori*, and adiain -i '»eut8, BCftlccI wi'l our iJeala, and dated this u«y of , in the you of the Reign of i)ur Sovoreign Lady Victoria. l>y the (.iruoe <>• God. of th.' Tuiretl Kingdom of urrender hinhsclf into the custody of the 8ai(i siieriff wlienevtT rd k> to do by any order of the waid Court, or of any Judge theretjf made at> by law provided, or in d,'fault thereof will pay to th<' paid (luwne hen the pl'i'mtiff,) the debt for which he, the ?aid (name htn- thi' (h/endant,) ha» b»H>n arre.s!i'd a.s aforesaid, with int»>r«'st ai»d contts : or do on (stuti: fwn the return dan <>/ the writ,) or at any time previously tlien-to, or within t-iglit days thereattcr. j)ut in special bail, a.e by law l>rovlded. to the action wherein Ihesaid writ Inis b«>en sued out as atbro8aid, tlion this obligation shall be void and of no torc<\ but otherwise shall stand in full forcr, vigor and eflVct. Signed, sealed and delivered in presenci' ot Form of Order to Discharge. Dv/eiulaiu, I'roi'i'iiCL q/' Quebec, \ I A. B., Esquire, slieria of th< .-aid l>l.sln,t ot Wistrict of ) To the (Jaoler of the Coinmon < Jaol of iry Dlstrfct, (iUKjniNb l»ischarge from your custoily the body of ij- detaiiUMi only under and Ity virtue of my warrant ^rounch'd on a writ of cajmm lut reaponilemlum issutnl out id' Her Mjijesty's SufX'rior Court for Lower I annda. for the said District, at tho suit of ^^j j-^j^ ^^ doing this shall 1k^ your warrant. Hereof fail not. (ilVKN UNDKK MY HAND AMO HBAI, OK OKFU E, thts dflV Ol one thouttand (>igbt hundred and iSh^-riff) Refcr(3ucc is made io the remarks on .seizures o f movonl>Ie8 las embodying all that is necessary in relauo to the proceed jingB of the seizing officer, in cases of attachment before judg- ment, rcvcndication and ia'me gagi'vie. APPENDIX. UST OF MUNICIPALITIES The following list of municipalities in the Province of Quebec, furnished by the kindness of the sheriffs of the different districts, and arranged by districts and counties in the order observed in the schedule contained in the Code of Civil Procedure, Art. 1355, is added, at being of import- ance for purposes of reference : OTT AW A—chef lieu, VilK^ge of Aylmer. Ottawa. — Mashainj Village of Buckingham, Township of do., Hull, Eardly, Portland, Aylmer, Wakefield, Terapleton, Ste. Ang61ique, Lochaber, Low, St. Andrd Avellin, Notre Dame de Boasecours, Rippou and Uartwell, St. Malachy, Wright, Hincks, Aylwin, BoucLette, Egan and Kensington, Cameron, Northfield. PoNTiAc— Briatol, Clarendon, Onslow, Litchfield, Calumet, Mansfield, Allumettes, Waltham, Chichester, Sheen, Thorne and LeBlie, Portage du Fort, Leslie. MONTREAL— cAcA lieu, City of Montreal. HtxjnBLAOA.— Village of Hochelaga, Longue Pointe, Riviere des Prairies, Sault au RecoUet, Gote St. Louis, St. Jean Baptigte, Pariah of Montreal, Pointe aux Trembles, Coto des Neiges. Jacques Cartibr.— St. Laurent, Parish of Lachine, Vil- Uge of do., Parish of Pointe Claire, Village of do., Parish of Ste. Genevieve, Village of do., Sc. Raphael de I'Isle Bizard, Ste. Anne du Bout de I'Isle. Laval.— Parish of Ste. Rose, Village of do., St. Martin, St, Vincent de Paul, St. Fran90is de Sales. 84 HANl^y HOOK. FOR OiiAMULY. — PariL-ih of Longnouil, Villagi? of do., St. Lambert, St. Hubert, l*arigh of IJoucherville, Village of do., St. Bruno, Parish of Chanibly, Uasin of do., Canton of do. Vbrohkhe.s. — Yercheivs, Parish of Varcunea, Village of do , Sie. Julie, Bela'il, St. Marc, St. Autoine, Contrcca3ur. TjArKAiiiiE, — I'ariph of Lji[)rairic, Village of do., St. Philippe, St. Jacques loMiueur, St. Cunstaut, St. Isidore. VAiruiiKUiL, — Parish of Vaudreuil, Village of do., Tslo Pcrrot, Rigaud,Sk. Marlhe, Newton. S0ULANGK8. — St. Polycarpe, St. Ignace du Coteau du Lac, St. Joseph do Soulangea, St. Zotitiue, St. Olet, Coteau Laudmg Village of Soulangi'sand the city of Montreal, TERRKliONNE— c/if//tV//, Village of Ste. Scholastiquc?. AuaBNTBiML.--St. Andr6, St. Jerusalem d'Argcnteuil, (La- chute,) Chatham, GronvilK , Gore, Wcutworlh, Mille Isles, Mo- riu, llttirington. Two MoiiNTAiNS. — Ste. Scholastique, St. Auguiitiu, St. Eus- tacho, St. Henoit, St. Plucide, St. Hernias, St. Joseph, St Oauut, St. Columban, Mission of Lake of Two Mountains. Tkuukbonnb.— Terrebonne, Sto. Tluirese, St. Janvier, Ste. Anue des Plaines, Ste. Suphie, (>fcw Glasgow), St. Jerome, St Sauveur, Ste. Adele, Abercrombi*', Ste. Agathe, Ste. Marguerite- JOLW.TTVl— chef lieu, Village of Industrie, L AssoMi'TiON. — St. Sulpice, Lachenaie, liepentigny, St. Paul I'Hermite, St. Roch, Parish of I'Assoujiition, Village of do., I'E- piphanie, Mascouche. Montcalm.— Ste. Julienne, Kilkenny, Wexford, Chertsey, St Patrick of Rawdou, St. Ligouri, St. Esprit, St. Jacques, St. Alexis. JoLiBTTH. — Joliette, St. Chailes liorromee, St. Paul, St. Ambrose of Kildare, St. Alphonso de Roderiguez, St. (vome, Ste. Beatrice, St. M-^lanie, St. Jean Matliu, St. F6\ii. Valois, St. Eliza- beth, St. Thomas, Township of Joliette. RlCnKLll^V.—chp/lieu, Town of Sorel. KiCHBLiBU. — Town of Sorel, Parish of St. Pierre de Sorel, Town of St. Ours, Parish of I Immaculou Conception de St, Ours, St. KHERtVPS AND BAILrFFS. 85 Roch de Richelieu, Ste. Victoire, St. Rohort, St. Aim6, St. Marcel. Yamaska. — Village of St. Michel d'Yamaska, Parish of do., St. Dav^id, St. Pie de Doguiro, St. Francois du Lac, St. Thoraas de Pierrerille, St. Antoine de la Baie du Fevre, St. Zdpliiriu de Oourval. Bbrthibb. — Town of Worthier, Parish of Ste. Genevieve de Berthier, St. Joseph de Lanoraic, St. Antoine de Lavaltrie, St. Cuthbert, St. Barthelemy, St. Noi-bert, St. Gabriel de Brandon, jmmaculee Conception de risle du Pads. THREE RIVERS— cAc/Zigv, City of Three Rivers. Masbinonqe. — Riviere du Loup, Maskinonge, St. Justin, St. Didace, Stc. Ursulc, St. Paulln, St. Leon. St. Maurick. — City of Three Rivers, Parish of do,, Pointe du Lac, Yamachiche, St. Sevore, St. Barnabe, St. Elie, St. Eiieune, St. Boniface, Sto. Flore. CiiAMPLAiN. — Cap de lo Magdoleinc, Chnrnplain, Batiscan, Ste. Anne ile la Puradc, St. Prospore, Ste. Genevieve, St. Stanis- las, St, Titp, St. Narcisse, St. Luc, St. Maurice, Notre Dnnio de Mont Carmel. NicoLKT. — Nicolet, Ste. Monique, Ste. Brigittc dcs Saults, St. Leonard, St. Wenceslaus, Ste. Eulalie, St. Celcstin, St. Gre- goire, Btre Dame da Portage, Oacouna, Isle Verte, Trois Pistoles, St. Antonin, Ste. Modeste, St. Ars^ne, St. Epiphilnie, St. Eloie, Notre Dame du detour du Lac Temiscouta. MONTMAGNV— cA =.»> •^^ o >7 ^'^.^;'s' / /A Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.V. 14580 (716) 872-4503 '^ &? % \ 8d HANDY BOOIt FOR Chester, Chenier, Tingwick, Warwick, (township) Warwick, (village) St. Albert de Warwick, St. Valere de Bulstrode, St, Louis de Blandford, Ste. Olotilde de Horton, Priaceville, Town- ship of Starifold. DttUMMOND. — Kingsey Falls, Kingsey, Durham, South Durham, L'Avenir, Wickham, West Wickhara, Township of Grantham, including Drummondville, St. Germain de Grantham, Wendover and Simpson, St. Guillaame d'Upton, St. Bonsventure d'Upton. ST. FRANCIS—c/i^/ lieu, Town of Sherbrooke. RiOHMOND. — Richmond Village, Melbourne Village, Danville Village, Brompton, Cleveland, Melbourne and Brompton Gore, Shipton, St, George de Windsor, Windsor, Stoke. Wolfe. — Dudswell, North Ham, South Ham, St. Camille, Wotton, Weedon, Wolfs tovrn, CoMi'TON. — Corapton, Bury, Clifton, Eaton, Lingwick, North Winalow, South W'mslow, Westbury, Hereford, United Town- ships of Newport, Ditton, Cheshara, Clinton and Auckland, Orford, Ascot. Stanstbad, — Coaticook Village, Stanstead Plain .Village, Barford, Barnston, Hatley, Stanstead, Magog, and Town of Sher- brook(^ BEDFORD— cAt/ lieu, Nelson ville. SnKrpoRD. — Milton, Roxton, Village of Roxton Falls, Ely, Granby, Village of Granby, Sheflford, Village of Waterloo, South Stukeley, North Stukeley. MissiSQUoi, — St, Thomas, St. George de Clarenceville, St. Armand East, St. Armand West, Village of Frelighsburg, Village of Philipsburg, Notre Dame des Anges, Stanbridge, Dunham, Village of Dunham, West Part of Township of F.irnham, St. Romuald de Farnham. Bromk. — East part of Township of Parnhara, Brorae, Sutton, Bolton, Potton. ST. HYACINTHE— cAe/ lieu, City of St. Hyacinthe. St. Hyacinthb. — City of St. Hyacinthe, Parish of St. Hya- cinthe, St. Hyacinthe le Confeggeur, LaPresen^ition, St. Oharlei, St. Denis, St. Jude, St Bernabc, St. Damnse. Il liitfl SftERIFPS AND BAILIFFS. 89 Bagot. — St. Liboire, St. Hughes, St. Simon, Ste, Rosalie, St. Pie, St. Dominique, St. Bphrem d'Upton, Stc. Holene, Si. Andre d'Acton, St. Theodore d'Acton, Village of Aeton Vale. RouviLLB. — Village of Mariaville, St. Marie de Monnoi , St. Hilaire, St. Mathias, St. Jean Baptiste, Ste. Angele, St. Paul, L'Ange Gardien, Village of St. Cesaire, Parish of do. IBERVILLE— c/ie/" lieu. Town of St. Johns. St. John. — Town of St. Johns, Parish of St. Jtan, St. Luc, Ste. Marguerite de Blairfindie, St. Valentin, St. Bernard de LacoUe. • Napibrvillb. — Village of St. R6mi, Parish of do., St. Michel Archange, St. Edouard, St. Patrick de Sherrington, St. Cyprien. Ibbrvilli. — Town of Iberville, St. Athanaso, St. Gregoire, Ste. Brigide, St. Alexandre, St. George de Henr/yille, St. Sebastien. BEAUHARNOIS—cAfi/ lieu, Town of Beauharnois. Hdntinqdon. — Village of Huntingdon, Godmanchester, Dundee, Hiilchinbrook, Hemmingford, Havelock, Franklin, Elgin, /jt. Anicet, St. Agnes, Indian lands of St. Regis. Beauharnois. — Town of Beauharnois, St. Clement, St. Timothe, Ste. C6cile, St. Louis de Gonzague, St. Stanislai? Kotska, St. Etienno. Ohathattguay. — St. Joachim de Cbateangnay, Ste. Philom^ne, Ste. Marline, St. Urbain premier, St. Jean Obrygostome, St. Malachie, St. Antoine Abb6. , ►: MV'-'^H' 90 HANDY BOOK FOR TARIFF OF FEES TO BE TAKEN BY THE SHERIFF ON THE FOLLOWING PROCEED- INGS, EXCLUSIVE OF DISBURSEMENTS. In every caac. 1. For a copy of any Writ of Summons addressed $ cts. to the Sheriif and Warrant, return included. 1 . 00 2. For each additional copy 1.00 3. For all his proceedings on the execution of any Capias ad Respond&ndimi 4.00 4. When there is more than one Defendant, for each additional Defendant 2.00 5. For all his proceedings on the execution of any Writ of Attachment, or Sa isie- Arret before Judgment, or of any Writ of JSaisie-Reven- dlcation 4 . 00 6. When there is more than one Defendant, for each additional Defendant 1 . 00 7. For all his proceedings on the execution of any Writ of Saisie-Gagerie 2.33 8. When there is more than one Defendant, for each additional Defendant , 1.00 9. For the return to any Writ issued under the ». authority of the 6th Section of the 83rd Chap, of the Consolidated Statutes for Lower Canada 2.00 10. For the execution of any order for the delivery of goods seized, or for the discharge of a prisoner, return included 0.66 ■isass am THE CEED- NTS. In every case. $ cts. 1.00 1.00 4.00 2.00 4.00 1.00 2.33 1.00 2.00 0.66 SHERIFFS AND BAILIPPS, 91 fii ovpry 11 For all his proceedings to summon a .Jury under a Writ of Ventre Facias , return included , $4.00 12. For his Warrant on any Writ of Execution... 1.00 13. For each return to any Writ of Execution 1 .00 14. On every Opposition filed in his hands, includ- ing return , 1.00 15. Drawing advertisements for Sale of Real Estate under Writ of Execution, copies for Print- ers, &c , 3.33 16. Drawing conditions of Sale 1.33 17. For all his proceedings on any Writ of posses- sion 2.00 18. Receiving and enregistering Bond, under the 12th or 13th section of the 85th Chapter of the Consolidated Statutes for Lower Canada. 2 . 00 19. For every other Bail Bond , 1 .00 Assignment of the same, if required 1 . 00 For every Search of Records ^or one year or less .^ 0.20 For every general Search 0.50 23. For every Official Certificate 0.50 24. For any office copy of any document, per bun dred (100) words 0.10 25. For every Deed of Sale of Immoveable Estate, not exceeding four hundred dollars ($400), including registry of deed 4.00 26. For the like, when the consideration exceeds four hundred dollars ($400) (• . 00 ^\j. 21. 92 HANDY t?OOFt POU In every cage. 27. For all his proceediugs for the arrest of a Defendant under any Writ other than a Writ of Capias ad Respondendum ; or under a Judgment ordering a contrainte par corpsj including return $4.00 28. For each Notice to a Registrar in conformity with the provisions of the 26th section of the 36th Chapter of the Consolidated Sta- tutes for Lower Canada 2.00 Whenever the Sheriff in any District of Lower Canada performs, either by himself or his Deputy, any of the duties usually performed by Bailiffs, and when as such Sheriff he may be authorised by law to perform such duties, he shall be entitled to and receive, in addition to the fees hereinbefore enumerated, the following fees as established by the Tariff of Bailiffs* Fees, viz. : — For the service of any Notice or other paper, upon $ cts. an Attorney as such, including return 0.20 For the service ^f a Subptena on each witness, including return ;..., 0.30 For the service of any Writ of Summons or other writ or paper not otherwise provided for, including return 0.40 For the service of any Writ or other document required by law to be served personally, including return 0.50 For all proceedings on the arrest of any person, inolddiDg return when required 2.00 mm iiiHii SHERIFFS AND BAILIFFS. 93 lu overy For the seizure of Real Estak-, or the soizurc or attuchment of moveables, includiu"' oriuinal proces-oerbal and copies for the saui and for the f^uardian to moveables ^2 . 50 If more than one lot of land included in any seizure, for each additional lot , 0.50 For every publication in l»oth languages at the church door, not otherwise provided for, including affiches, affixing the same, &c 0.50 For the sale of real or personal property, including proceS'Verhal of sale and copy 2.00 If more than one lot of land be sold under the same Writ, for each additional lot sold 0.50 For a proch-verhal of no goods or no lands, includ- ing copy if required 0.50 For a proces-verhal of RibefUon (i Justice and copy 1.00 For all services in executing a Writ of Possession, including pToces-verbal 2.00 For Recors, when required 0.50 If Recors is necessarily employ e: H l-H W Pi w Oi t3 CO o a > u 00 r— I 03 CU 5>cJ a (O C8 B «»M S3 o u o ^ tJ •P^ ► u b % ^ ^ o •¥* u 3 o ^ SHERIFFS AND BAILIFFS. 99 ^^ ! o'S- > n k s bd a V eo ja ^ O -4^ b 3 O W « to ^ S bo a» O •3 >* 3 5 CS O a< '3 Cm v OS >• a ■ O T" a ^ a T $ a !3" - oS ■** n o a> 3 Cu bo * -M a «■ ^ g « o g o ^bO •*^ o o a 00 I bO 5 01 w O ai ^a w -S vj ♦^ a P »- S a « . — jg 4S U 01 bo o a> ja ► o *»,a J5 -4-> 3 a 03 ?£ 3 V •o S .5 S ■■ J. 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O 08 3 o a CD U (V If ° « 09 I— I X> I— I 0} <1> -1 jy 03 a> o u a a> > a t3 OJ en •3-2 13 - O TO •♦J 03 bo OS S"J Qi O « CO * OS a a P» Q ? a 03 g •2 a bO a o o^ 00 «- ^ 03 a> a o o 04 o . •43 g a =3 -,•2 «> • OS .a 0) ri rt.2 o m oa ^ OJ ♦^ •«^ 3 03 +3 * s s •;3 S«M « a^ <» S « t:) fS A ^ « 104 HANDY BOOK FOR SHERIPPS AND BAILIFFS. m m 5 CO S a o ^ •O CO O CO o o o 00 m a £ 3 S OO •-« «0 <-» lO d ^ •H O o o o o o •d fO O 00 o o o 00 1— 1 »0 fH lO CO r-H (4^ o o o o o o m 03 Q CO o o bo o u hi s ^ CO «0 00 <© o o X f-M 1?- I— » i— pii ,-( ^ o o o o o o CO LiJ CO < o LU -J DO < -J < Q- CL < I Z O 2 >. u a> o t2 o m O) 03 d o o "t; to ^ 04 2 a ° :^ « §1 to-- O) a) a v ^^ ^ 03 O cd hi o o a> ,d ♦J 03 m O o cj o &• bb g "L-a % O -.00 Oj Ix g O .T) « ^^ W O4 O 4; « ^ I*' bO OI Of 03 00 m ^ ja -d a ** "^ 000 5-73 cr d « g 08 --to d 13 y, O CO O 03 a w >• (A M 0) ^ )^ 00 (0 « 00 ""• 2 ^ d a flj 83 -^ "•« *J O o « •S "^ •^