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1
2
3
22t
1
2
3
4
5
6
CODE
OF
CIVIL PROCEDURE.
c
OOIDB
9^c
OP
CIVIL PROCEDURE
• IF THE
PROVINCE OF QUEBEC
WITH AMENDMENTS COLLATED AND INCORPORATED
BY
W. A, WJKIR. B. c. I^.
Member of the Montreal Bar.
A. PERIARD, LAW PUBLISHER,
23, St. James street.
1889
hntorod aceordiii>; to Act of Parliament, in the year one thousaud
t'iglit hundred and ci^ht.v-nint', hy A. PtRiARL, in the oftice of
tho Minister of AgrK-ii]tur<.' ."id Statistics at Ottawa.
TABLE OF OONTExVT^
S
OK THK
CODE OF CIVIL PHOCEDI HE
OF r.OWKR CANADA
iF-zi^so? jpj^Ttrr.
fiK.VKIMI, FTlOVISIoNS.
Pages
3
I'HOCKDCKK HKFOHK COUUTS.
BOOK FIRST.
SUPERIOR COURT.
I'KKUMINARY PROVISIONS g
TITLK FIRST.— Of the suit ". ..... ..'.*.'...'.' ' ' ".'.'. " ' jg
Chai'. I.— Op svmmons ,o
f'HAP. ]I. -Of the kf^tuun and proceedings before con-
testation .-
(JHAP, III.— Of contestation ' on
Of proliuiinary exceptions 20
Of pleas to the merits 24
Chap. IV.— Of incidents „.
Chap. V.— Of articulation of FAfTs o-.
Chap. VI.-Of trial '.'.".*.!!" 34
Of proof "........"!..'!!. .V.....!, 37
Of stenography ^g
Of trial by jury ..*......'. . . . . ....*.' 54
VI
TAHI,K OF C'O.VTKNTS
Chap.
(HAP.
TITLK
(J HAP.
Chap.
Chap.
Chap.
TITI-K
Chap.
Chap.
VII -Ok mvKHs othku ,Nc„,..v.r.., P.ocKKn.vos. . ''""Z
MIL— Ok kinai.,Ii:dom»nt .
Ofcosfs ,. '^
sEc.,x,,._OKHKM;;,,yH:^^.,«;.;;,„,,,-; :;
1 — Ok KKVI.SIO.V -
Of the r..vi«i„„ of, judgments l>y *,l,"f;u,It
Ofn>vi,.wbHoro three ju.lK.'H
rr.-OK PETITIONH IN HEV()( A IIO.V OK J U " " '
HI.— Ok OP
POSITIO.VK BYTHIKDPAKriK.S
IXIMKNT.
71!
74
7(i
IV.— Ok APPEAI„s
'''niU). -OK THE KXKCL^ION^Vk .,'t'l,'oM'KNT,S
I.-(»K THK V„M;.vrA»V KXKCUT1.,N OK ,,1;i,0.mVnts.'
H.-Ok COMPULSOKV KXKCUTrON OK .,L-I,O.WENTS
Of 81'izuro of movcahlcs
Of I.ay,M..nt .,ul .li.s.ribution' of mouPyB "l.-Viod
Ot siizarc hy Kariiisliimnt
Of t'Xfcution upon iiimioveablcs '.'..'..'.
Ofiilmiuloiiini'ut ofiiroiicrty
Of coeruive imprisniimcnt.
78
78
78
81
8.3
01
92
!)0
120
124
Chap.
Chap.
Chap.
Chap.
BOOK SECOND
TITLK FIRST -Ok PHovrsro.A. PKOCK.,n.as wurcH accom-
PANY 8UMMON.S IN CEIITAIN CA.SKS
T— Ok CAPIAS AD RK8P0.VDBNDUM ...
II.-Ok attachment bekork judgment.'.'." " '.
Of simplt' jittiichiiu-nt
Of attachment by garnishment
III.-Of attachment IN REVENDICATION
\ I Op ATTACHMENT FOB RENT
TT'nf V. C..J'~^^ JUDICIAL SEQUKSTKATION "."
riPLE SECOND.-Spkcial PROCEEDINGS
l^HAP. I {a).-Of the petition OP right .'.""..'.'."*"
Chap. I— Summary matteks
Chap. II.-Hypothecarv recourse aoakVst immoveables
OP which thb owners are unknowv or un-
certain
II(A)._Ok re-entry upon ABANDOVEO ■ LANDS
I1I.-0P THE partition OF TOWNSHIP LANDS HELD Vv
COMMON . > . .
IV.-Of COMPULSORY PARxiTio.v' AND LICITATioN "."
Chap.
Chap.
Chap.
12U
12U
I'Jl
131
1.14
13.5
m;
136
140
137
140
143
14.5
14G
147
I'AOEH
5KDi!ias ee
70
• 71
rs 72
72
ult ^2
74
iMK.sr. 7(i
77
78
78
D(J.MEXTS. . 78
ENTS... ... 81
83
'8 levied.. 91
02
■ lit;
\-2i)
. 124
OK THE CIVIL CODK OF I'HOCKI.UUK. ^„
Chap. V.— Or Ar-rmvu ..., J. Paokh
Uf AtT.ON.S Of BOLNOAKV OH ,o VK.UKV OH HKC
CHAP. M— Of POMHKHSOKY ACTIONS
Cha... Vn_(,K<o.NnHMAnONOKT.T."; '''•"
(•HAP. VIU.-OK.KPA„Ar...„KTWKKX.o..;HTr. •■•; l!!;
CHAP. IX.-C.KoPPosmo.NsTOMAHHMOE . ;'.
CHAP. X-J'-KEn..osArKKCT,M,COHPOBAT.oyso„P.B: "
L.IC OFKICES
Of inamlanuiH '''^
Of|)rol.iI,iHonH "''
CHAP, xrj^";;;:::,::;''^''''''-'-'--^^ ul
0^ HAHKAS COUPU8 AD HUBJICIENHUM IV CVM
MATTEHS '
... 1(17
l^OOK TiriKD.
OF JHK CMICUIT COUKT
p^:i^^:-:::::---r-"-- ■«
Chap. 1.-0f hi-m.mon.s ^"2
r"": H^pr""'"^''''^^-----KA.AB.;;AHES ■•■ J'a
"-. Iil.-PHOV.S.O.V.S PAKT.CCAK To NOK-APPEALAB.K
t-' AHKS . , ,
LAND.. HELD IN FRKK AND COMMO.V 80CCAOE. . 178
BOOK FOUKIJI.
COUKT OF QUEEN'S BENCH (APPEAL SIDE).
CHAP. I._Of KHBOU and appeal FEOM judgments OF
'JHE SUPERIOR COURT
CHAP "/-^^^'■^^^-«™'«™k ci.;;u;T"cor„T:; ]2
I.HAP. Ill— General PROVISIONS
Chap. vi.-Of appeals to her ma.esVv ".[ If
• . * 189
BOOK FIFTH.
INFERIOR JUHICDICTI0N8.
Chap. I-Commissioners. court for the summary thial
OF SMALL CAUSES
191
VII J
TAIU.K OK (.OVTKNTS.
ClIAJ'.
f'HAl'.
Chap.
IDS
TJIIKD PAliT.
N.,N.C0NTENTI<.,-,S l..,OCKKmK0M
<'HAI'.
Chap.
I Of KE0I8T
n. — HKGrSTE
KHS OK CIVIL STATUS
III.— Hkoistkk.n of
K8 OK HKOI.STKY OFFICES
2<'n
2(13
20.3
204
i'ni.-.,^ mESALEOKIMMOVEABLKs l.K.OV.MvV „
■nruK SIXTH. -T^i^r:?""'^^^^------' ^*
^;>-.. I.-OF «::"":;: "'" ^ ^"^^'^^'^""^^ ^^^
('HAI-. il— Ofthei.NVKNTOKY
;HAP. ni._„F BENEFIT OK INVKNTOHV
tHA. n,(^._OF.E™sOKVKHIKIc";;.;:.
THLK HK VEXtH.-..E.E«A. ^kovisu ^ " V.^. ^ ^ " ^ "
20H
211
2H
21"
21(i
217
218
i.i..M.NTH.-DrvisiOK ok t.oweh ca.vada i.vto i^i.tku";;
F-A. .HOVISIO.S "" ™^^ — STHATIO. OK .U.TICe ." .':
220
221
FIRST PART.-FoB.Me
APPEi^DlX.
SECOND PART.-F0RM>r,vT^'^"''' '"™ ™^" "^"^ ^O^^- • • • 2->
INDEX . , ""•;"; ^^'^^^-^W^ WITH CIVIL PKOCEBUKE 23.5
2.03
CODE
OK
CIVIL PROCEDURE.
)DE
■22-2
JKDUKE
235
2.03
FIRST PART.
GENERAL PROVISIONS.
1. The place, time, and
umtrent courts are regulat-
ed by particular statufei A
The court may, accordiue to
circumstances, shorten ll e
terms thus fixed, or it mav
prolong them, by adioS
ment, either frULy to da'
or to any subsequent day bi:
fore the followrirg term and
ol'su^h"':^''^'^''^^'''-
or such adjournment, the
court may hear and deter!
iT whe' hf ' ^L^"^^^^ before
t)epin before or since such
adjournment.-.In the absence
sfdl H^"^^" ^vho should pre- I
side the court, the protono- i
^ary or the clerk as Cease
court from day to (fay during
the term.-Courts cannot si?
on uon-juridical days.-Ex-
cept as regard proceedings
pSbff/nS^ ^corporations an^d
public offices, oppositions to
' wrTtsS/ ^PP'''^^^''o"3 for
I maters, suits hetvv'ee^e,';;;
I and leasees, the proceed in r?
[ff'late.l by the firsHiUe S?
concj, the proceeding's und.r
/I A 720, 7J0 and 763 to 7firt
inclusively, suits ! efore dfs^
tnct magistrates, suits be&
commissTonners' courts for
,thesumma.y trial of gnmH
causes, the 6ourt of Queen'i
I Bench, and as regards thedl-
^in5of^?"^P^'^Sag.S^,
yeTr?Yn3^^a1SV"^
are not obliged to iif h/
tweenthethfrttfirstSv^";
t^'f^^'^^dthetenthd^of
tw?Sfh^X^f^^DT4"m^
"uary. Qi,^. ^.^^^j.j g^^
1
(■(II,K OK I'HOCKDrilK. PAUT. I.
2. Tt;o following days are the maint"iiaiu'e of good or-
F.
S]
noii-niri(lic:il :— 1. Siiiidays;
— 2. Ni'W Year's Day; — 3.
The Kijiphaiiy. the Aiinunci-|
ation, Ash Wednesday, Good i
Friday, Hasten Monday, tlie
Ascension, Corptin- C/irisfi, ,
St-Peter and Ht-1'aiil's Day,
All Saints" Day, the Con-
ception iind Ciiristmas Day ;
— 4. The anniversary of the
Birth Day of the Sovereign,
or the day fixed by prcjclama-
tion for its celebration ; —
5. The first day of July, the
anniversary of the coming
ioto force of the Union Act, ;
or the second day of the '
month if the first be a Sun-
day ;— 5. Any day appointed
by royal proclamation or by
proclamation of the Governor
as a day of a general fast or
thanksgiving ; but any writ
of summons, or other pro-
ceeding, which, before such
proclamation, has been made
returnable on a day so fixed,
may be returned oh the next
following juridical day. {Id.
5854).
3. If the day on which any
thing ought to be done in
pursuance of the law is a
non-juridical day, such thing
may be done with like effect
on the next following juri-
dical day. — This article ap-
plies to sales announced to
be made by authority of jus-
tice. (Id. 5855).
4. Persons present at sit-
tings of the courts must re-
main uncovered, and in si-
lence.
5. All orders given by the
court or a sitting judge for
der iluring tiie sittings must
be instantly obeyed. — The
word "judge" use<l alone,
either in this code, or in the
civil code, means in like
manner the chief-justice or
any assistant judge of the
same court, unless the con-
trary is expressed.
G." The provisions of the
two last, preceding articles
must likewise be observed
wherever judges are in the
exercise of their functions.
7. Any i>erson who, during
the sitting of the couit or
of a judge, disturbs order,
utters signs of approbation
or disapprobation, or refuses
to withdraw or to obey the
orders of the judge, or the
admonitions of the criers or
other officers of the court,
mav be condemned at once to
a fine or imprisonment, or
both, according to the dis-
cretion of the court or judge.
8. If the disturbance is
caused by a person discharg-
ing any function before the
court, he may, in addition to
the punishment imposed in
, the preceding article, be sus-
! pended from such function.
; 9. The courts, in all cases
brought before them, may,
I according to circumstances,
: even of their own accord,
pronounce orders or repri-
mands, and suppress writ-
ings, or declire them libel-
lous.
10. The court or presiding
judge may appoint an inter-
preter and allow him a rea-
sonable compensation, which
iiiiiice of good or-
tlie riittiiigs must
ly obeyed. — The
dgc" used nlone,
liis code, or in tlic
'., means in like
le flii('f-jii!<tice or
;iiiit jiidf^t' ot the
•t, unless tlie con-
pressed.
provisions of the
preceding articles
■wise be observed
judges are in the
' their functions,
[lerson who, during
pf of the court or
[>, disturbs order,
ns of api)rob!itioii
obation, or refuses
aw or to obey the
the judge, or the
ns of the criers or
cers of the court,
ndeuined at once to
imprisonment, or
ording to the dis-
tlie court or judge,
ihe disturbance is
a person discharg-
"unction before the
may, in addition to
;hinent imposed in
ling article, be sus-
"om such function,
courts, in all cases
before them, may,
f to circumstances,
their own accord,
e orders or repri-
ind suppress writ-
declire them llbel-
3 court or presiding
y appoint an inter-
d allow him a rea-
jmpensation, which
GKNERAL PHOVISIO-VS. 5
forms part of the costs of the n.ay be Joined i„ the same
II. Anycourtoranvjudire hn'Imm';',!.' i''^ ^'"-'' "'' ""^
thereof, may require a.i^ 3 oCiv^eek^'T'*"
J, 111,11 uji\ M'fk coinh'm-
'lations of a like
when It is deemed necessarv,
and may, i„ such case, as
Wei as in any case when an
oath 13 reiiuired by law, <„•
the rules of practice, admi-
fl'ster the same.
I'i. Whoever seeks to ob- ueoi i,
f,?".'.^/^>^'^'-'^'''g'^t which for.i;
is denied him, must sue for it
beloie the proper court.
13. No person can brinir a
suit at law unless he has au
interest therein.
14. Xo person can be a par-
ty to a suit, either as clai-
mant or defendant, iu uny
form whatever, unless he has
the free e.\ercise of his rijrht.s
saving where special pro-
visions apply. - Those Ivho
iave not the free exercise ot
„, . . . ,- ■.■■•■ "iiturc. that
tliui joinder IS not jirohibited
oy sonje express provision
;;";V'"'^^Kvaresf,sceptib?e
of tJie .^^ame mode of trial —
A creditor cannot divide his
debnor the purpose of suing
everal portions of it
y ditferent actions.
iGVo judicial demand can
be adjudicated upc rile^s
the party against whom it is
made has been heard or dulv
siunmoned. ^
17. The court cannot adju-
dicate beyond tlie conclu-
.sions of a suit, but it mav
'tduce them and grant them
""ly HI part.
18. A party who brings a
suit tor less than he is en titled
jing property in Lower
Odu;t(iu, may also appear as
S"ch ,« judicial proceedings
Corporations pleiid
corporate t!.'!!!)f
ao. in anyjudicial proceed-
i.ug It is sufficient that the
«. Several causo,„f„e.,o„ i n^t^ pi^ilcu',;? 'f^.^^
CODK OK I'KOCKOURE, PART. I.
]-
S.
II
being necessary, and such
statements are interpreted
according to tlie meaning of
words in ordinary language.
HOa. No question as to the
constitutionality of any sta-
tute of the Province or of the
Federal Parliament, shall be
raised before the courts of
original jurisdiction or of ap-
peal, unless the party raising
the same shews to the court
that he has, at least eight
days before the day fixed for
the hearing, given to the
Attorney-General notice of
the question which ho in-
tends to raise, with suthcient
information to enable him
to understand the nature of
his pretentions. — Upon such
notice, the Attorney-General
may intervene in the case,
on behalf o*" the Crown, and
take issue in writing on such
questions, and the judgment
of the court, whether it grant
or refuse his conclusions,
must mention such interven-
tion, and such conclusions,
on which it renders judg-
ment as if the Attorney-Gen-
eral were a party to the suit,
and a copy of such judgment
is forwarded without delay
to the said Attorney-General.
(/e. S. Q., art. 585G).
31. All provisions and
rules concerning procedure
are into preted with refer-
ence to each other and in
such a manner as to give
them all the effect intended ;
and whenever this code does
not contain any provision
for enforcing or maintaining
some particular right or just
I claim, or any rule applica-
, ble thereto, any proceeding
I adopted which is not incon-
sistent with law or the pro-
visions of this code is received
and held to be valid,
22. No public officer or
other person fulfilling any
public duty or function can
be sued for damages by reason
of any act done by him in the
exercise of his functions, nor
can anv verdict or judgment
be rendered against him, un-
less notice ofsuch suit has
been given him at least one
month before the issuing of
the writ of summons. — Siich
notice must be in writing, it
must specify the grounds of
tiie action, must be served
upon him personally or at his
domicile, and must state the
name and residence of the
plaintiff's attorney or agent.
23. Any party to a suit
may appear and plead either
in person or through the
ministry of an advocate. —
Notaries may prepare the pro-
ceedings specified in the third
part of this code, and submit
the same to the judge or to
the protonotary, and may
even sign in the name of tliV
petitioners all petitions ne-
cessary for such proceedings.
Ui- S. Q., art. 5857).
84. Neither the day of ser-
vice nor the terminal day is
counted in the delays fixed
for summoning.— Delayscon-
tinue to run upon Sundays
and holidays ; but if a delay
expires on a holiday, it is of
right extended to the next
following day. — The same
:f
T. I.
r any rule applica-
to, any proceeding
which is not incon-
ith law or the pro-
r this code is received
to be valid.
1 I)ublic officer or
raon fulfilling any
ity or function can
ir damages by reason
tdone by him in the
)f his functions, nor
verdict or judgment
•ed against him, un-
ze of such suit has
in him at least one
ifore the issuing of
)f summons.— Such
list be in writing, it
cify the grounds of
n, must be served
personally or at his
and must state the
d residence of the
s attorney or agent.
y party to a suit
ar and plead either
ti or through the
of an advocate. —
nay prepare the pro-
specified in the third
lis code, and submit
to the judge or to
Dnotary, and may
in the name of tlu-
s all petitions nc-
irsuch proceedings.
, art. 5857).
ither the day of ser-
the terminal day is
n the delays fixed
jning. — Delayscon-
run upon Sundays
ays ; but if a delay
1 a holiday, it is of
ended to the next
day. — The same
rule applies to all other de
''lys in procedure.
rf.m?i' T!'^"f''^'' " '•^'c<'fd i=
mtied from one court to an-
her or to a different place,
"Jc transmission mav bo
^^"^^•oted through the ^,ost-
oftce, and the^)artv rem, .
ngUis bound'to'adTce
^ 'e postage to the person
«K.\ER.\L PROVI.SIOXS.
""^^^ion ; and for anv eJav
-usedbyU.enegU.ctof';,la
I au> to pay s„ch postajre
hei.deemedtobeinVauItl'
;;;an-.ttedbyanyo?ho'J
^ L J < of the Civil Code an
Pb; to this Code—Any conv
^f I'js Code, whether dS^
.////6 oj flower Canada, or as
ll}''f-<ie of Civil Procedure
of Luwer Canada, or ariv
;;:'P.v of the Cvil Cocle^.
Whether designated n» Civil
J'he Civil Code of lower Ca-
(n«f/j/, or any e.xtract of either
, of the said codes, printed by
;^ji':'"\7.^'"lvanthori^J?l
,')} Her .Majesty, i.s deemed
authentic.-Anv abbreviated
form of reference t<. ,,n , c
!•>• part ofa,, act insufficient,
; " i« IS iiitelligihie. '
37. Exceptional i)rovision3
concerning certain matter.'
and proceeding.s in the dis-
tmt.. of Saguenay, Chicou-
t'lni, Gaspe and the Mag-
alen Island, are contained
Z\^^'17V''A'' '^' «0, 8,'l
Stn.nt f ^H Consolidated
Statutes for Lower Canada
S^ ^^^J'^-'-^!:- 2400, 23.-].3^
'iG, 2
7.'5I5).
557, 2.308, 7514 and
Jl
rr-
SECOND PART.
PROCEDURE BEFORE THE DIFFERENT
COURTS.
BOOK FIl^ST.
SUPERIOR COURT.
PREMMIXAKV IPKOVISIOXS.
s;
28. The s\ii)i>rior court liiis
original jurisdictimi in all
suits' or actions wliicli arc
not exclusively within the
jurisdiction o5' the circuit
coiirt or of tiie admiralty ;
and in the district of Quebec
it lias exclusive orijrinal Ju-
risdiction in cases of petition
of right. — The judges of tlie
sujierior court, at their sit-
tings in review, have exclu-
sive original jurisdiction to
hear and dete'iinine : 1. All
motions for new trial or for
judgment non otmlante vcre-
dicld, in cases in tlie superior
court in all the districts of
the province ; anil 2. All mo-
tions for judgment upon a
verdict, or in arrest of judg-
ment, in cases in the superior ;
court in the districts of Que- :
; more of them, may, from time
' to time, make any rules of
practice tliat may be neces-
sary for regulating proceed-
i ings, in or out of term, in
causes and matters hrouglit
; l)efore them whetlier in tlie
; superior or in tlie cir(;uit
court, and all other matters
of procedure not regulated
by this code ; i)rovided such
rules be not inconsistent with
tlie provisions of this code. —
All rules of ]»ractice thus
madeby such judges and sign-
ed by them, are, without an v
oilier formality and imiiie-
diately upon receipt thereof,
or of a cojiy thereof certified
by the prothonotary of the
superior court having cus-
tody of the original thereof,
entered in the registers ol
bee and Montreal, (/t*. .S'. (^K, each of the said courts res-
art. 5858).
pectively,_ at each pli
29. The judges of the su- i where it is held, and h
perior court, or any ten or i then full force and effect
ice
ave
III
PREMMINAtlY PROVlSlONg.
3 DIFFERENT
hem, may, from time
iniike any nilos ot
lliat may be iieccsi-
regulaliug ))roceed-
or out of term, in
11(1 matters brought
lem Avhetlier iu tlie
or in the circuit
(1 all other matters
dure not regulated
i)(ie ; i)rovi(le(l such
ot iucon-iistoiit with
sions of this code. —
5 of^ ])i'actice tlius
ucli judges and sign-
m, are, vvithoutany
rmality and imnie-
poii receipt thereof,
ipy thereof certifiecl
trothouotary of the
court having cus-
lie original thereof,
n the reglrJtors of
lie said courts rcs-
, at each place
is held, and have
force and effect in
tiiP district or circuit where
It has been so registered —
The judges of the superior
court, or any ten or more of
theni. may also make anv
tariffs of fees for examine.^
and other officers appointed
by tlie superior court, wln.se
salaries are not, bv hi w. fixed
f)y tlie lieutenant-governor
HI council ; and „ii sucl,
tariffs must be proniulgaioi]
"1 tlu' manner prescrii)ed by
tlie rules of practice. — The
Governor in council niay
make, mo<lifv. revoke or
amend the tariffs offeespava-
fde to prothonotaries, clerks
sheriffs, coroners, and criers'
in accordance with tlie nio-
vis.onsofart. 2710, 2711 and
2(12 of the Revised Statutes
of tiie Province of Quebec—
Any ofiicer or other person
receiving any oJierorgreater
tees or emoluments than are
specihed in the tariff of the
ciic-im. c.jurt. for the discharge
of the duties and services
therein mentioned, is liable to
^, l**-'"^'ty «f t'-gl'ty dollars
for each offence, by eivil ac-
tion recoverable before the
circuit court and payable
one halftothecrown.^and
the other half to the party
prosecuting. (/,/.) (ly^ '
30. Kvcry j.Hlge, protiio-
notary and clerk, and every
commissioner authorized for
tlial purpose, as hereinafter
9
mentioned, has a right to ad-
minister and receive the oath,
whenever it is required by
'i«-, by rules of practice, or
ijy Older of a court or jud^e
ortheatlirmationinthecdses
wliich admit ofit unless such
riglit be restricted by some
provision of law.-Any judge
ot tile superior court may, in
the district in which he dis-
fliarges his functions, em-
power, by one or more com-
missions, under tlie seal of
(1) T.iriff of frr- 'v 1
;;? tt;:it' "^^ 'f «-^-' --n
tiUe, of tl.o Province of (J.tbec.
(Note under R. S. y., art. ^oSJ.
— ; •-•.^4v. LIU- »{,-ni or
tUe court, as many persons
as may be nece.-^sary in anv
uistrict, as commissioners to
receive affidavits therein, to
•'p used m the superior court
or tlie circuit court. — The
chief-justice of the superior
court and any other judge of
tlie same court, and", in the
caseof the death of the chief-
ju-stice or of his absence from
the province, any two judges
of the said court may by
I one or more commissions un-
der the seal of the court,
appoint as many i.ersons ae
they think necessary, within
the limits of Upper Canada,
, as commissioners to receive
affidavits therein, to be used
in any court of record in
1^0 wer Canada. — The Gov-
ornor may likewise, from
time to time appoint fit per-
sons, resuHng in any part of
Great Britain an<l Ireland
or in any of the English col
follies, as commissioners for
receiving such affidavits.—
M-ery deposition or affidavit
thus received, has the same
orce and effect, and is en-
titled to the same credence
fr
.10
CODK OF PROCKDURE, VART H, BOOK I.
as if it had boon received in
open court.- TI.e provisions
o the 26 Vic, chap. 41, give
like force and e/fect to all
affidavits received before a
commissioner authorized bv
the lord chancellor to admin-
ister affidavits in chancery
m England ; or before a no-
tary public, under his baud
and official seal ; or before ^
the mayor or chief magistrate
of any city, borough, or in- '
corporated town in Great
Britain or Ireland, in any of
iier Majesty's colonics, or in
any foreign country, under
the common seal of such city,
borough, or incorporated
town ; or before any judge of
a superior court, in any of
Her Majesty's colonies or de-
pendencies i or before any
consul, vice-consul, tempo-
rary consul, pro-consul, or
consular agent of Her Majes-
ty, exercising his functions
m a foreign country. — The
words "commissioner of the
superior court," whenever
they are used in this code, '<
mean a commissioner ap-
pointed under any of pro-
visions of this article.
30a. The Lieutenant-Gov-
ernor in council may appoint
one or more advocates or
councillors-at-law residing
and practising their profess-
ion in any foreign country to
act as commissioners and
there administer oaths and
receive affidavits, declara-
tJonSjaffirmations in an v deed '<
ordocument to be carried into !
execution or to have its civil '
effect in the province of Que- 1
bee— f^very actor document
made in any such country,
and bearing the signature of
a commissioner so appointed,
makes proof before all courts,
and has the same effect as
those mentioned on the pre-
ceding article — The com-
mis.'^ioners so appointed are
called " commissioners for
receiving affidavits in (state
(fie name of (he rountri/)''-
and the nomination of each
of them shall be published in
tlie (Quebec Oficial Gazette,—
The words " commissioner of
the superior court" when-
ever they are used in this
Code mean also a commis-
sioner appointed under this
article. (/^. S. f^., art. 5859.)
31. If a party establish,
under oath, that he does not
possess sufficient means to
make the necessary disburse-
ments, the court or a judge
on being satisfied by affidavit
that such party has a good
cause of action, or a good
defence, may, except for the
, institution ofa suit to recover
a penalty, grant him leave
, to plead in forma pauperis,
and may order all officers of
'justice to afford him their
services without any remu-
neration ; but such party, if
he fail in the suit, is not
exempt from condemnation
to pay costs to the other
party. {Id., art. 5860).
38. Such leave may, how-
ever, be revoked by the court
or judge, upon proof that the
party was or has since be-
come able to make the neces-
sary disbursements.
i'ukmminahv I'iiovisions.
11
s "commissioner of
■ior court" when-
are used in this
m also a conimis-
pointed under this
'■ S. Q.. art. 5859.)
^ party establish,
1, that he does not
33. If a i.arty, procooilin- • ration from l.cd and board or
,n form., f.un.en., obtains j (or separation of pronertv
lor an ine taxed costs re- i mitted
e IX Vo wU-' , ' J'-'r '" ''''l'"^« i^ situate.l. ''
lilt same, nee of charge, to
the parties entitled thereto.
34. In matters purely per-
sonal, other then those men-
tioned in articles ;^5, 3tj, 38,
40, and 42, the defendant
raav^je summoned either i—
1. Before the court of his
domicile ;-2. Before the court
of the place where the de-
mand is served upon him •—
or 3. Before the court of the
place Avhere the right of
action originated. — Everv
nre or life insurance com'-
38. In matters purely per-
sonal, if there are several
defendants in the .saiue suit
residmg in different jurisdic-
tions, they may all be brought
before the court of the juris-
diction where one of them
lias been summoned in con-
formity with article 34. — In
real actions, they should be
summoned before the court
of the place where the object
in dispute is situated. — In
mixed actions, before the
court of the place where the
before the court of the place
in which the insured movea-
bles or immoveables were, and
for all rights arising out of a
l»e policy, before the court
Of the place in which the
insured has a had his domi-
cile (i?. S. (?.,art. 5861)
35. In every suit for s
sepa-
39. In matters of suc-
cession, the parties are sum-
moned before the court of the
place where the succession
devolves, if it opens in Lower
Canada, otherwise, before
that of the place where the
property is situated, or that
of the domicile of the defen-
12
COOK OK PROCEOt-RE, Paht „, BOOK ,.
(jatit or of some one of tho
40. Ill actions in warranty
and actions in oontinnann-
of suit, tli(. .k.fon.lants ar.-
sunimom..] to tlR. place where
fit- pnncij.al action was
bfonj^it wheresoever thJ ?
domicih. inav be.
or ,t, ol.ject an i.nmovoahle
Zr^uT'''''''^'\'^ s.tnate.i
P'lrtly m one district or cir-
cuit, and partly in anotlier.
eftV'r ""*^' ^' ''^'^"^'''^ '•»
4«- li the sole judo-e ad-
mnnsterinjr justice in any lis-
t^^jct .s hable to he recusid or
must he a party to the suit,
the action may he hrouLTht in
oneoltheadjoiningdistricts
the ffrouiHi, of recusation o
d sability hei„. alleffe.l in
llie denuirxl . ,...,1 •<■ ,,
iind if these
grounds are insufhcien o
Older the case to be sent hack
to the court before which it
would haye been brought in
the ordinary course.
43a In any suit broutriit
offnf H-"'n"'"?"* rendered
out of the Dominion of Ca-
nada, any defence set un or
that mi.ht have been sef.r;
to the original suit, may be
p eaded to the suit ifpon
such judgment. (A>. ,v u
art. 5802). '^■'
436 In any suit brought
upon a judgment rendered
by a provincial court in any
other province of the Domi-
n on of Canada, in a .suit i„
;;h.ch p.-isonal service wa"
ado upon the defcndl '
"'thin such other provi,,,',
*^''"^vhichinthea's,.n,,oV
•7'<;1' porsoual service H
i:;''""l'" -'IMH-ared, no 1 1
' ■ i«-e that might have been
.>et up o the original suit ca
'H- made and pleaded t., , .
'":;"' ^;"^''',i'Higment.(/,^.)
*^c. 1,1 the ca.se of a su t
aK'Hnsta.orporation.serv .
wuinn such other p,ov.iV :
on the olhcers indicate.! in
the charter or in the h.vv
!"'«1^''' which the cha^ler lias
'''•^'" P'anted. or if officer
;7/'u«t be found within iud
I ;l'<^r province, service there-
j "n on any jierson throutrh
I whom hy. the law of'S
o tie, proviiH-e, a valid ser-
cin lo" 'T^''. ^«'Poration
j ' -m be made is he d to be
I a personal service to bring
tj"-' ca,se under the proW?
^.uns ^of^ U.e preceding a^-
! *-id In any suit brourdit
PO'i a judgment rendered
hv a provincial court in any
other province of the Do-
!"""!>!' of Canada, in a suit
;n which the defendant wag
ot personally served within
Huh other province, or in
" lH.di m the absence of pe,-.
M)nal service, he did not ap-
pear, any defence that micrht
ave been set up to the orfg -
;i> '^nit, may he made and
: pleaded to the suit upon such
1 judgment. (/,/,). * "
"ada, in a suit in
•'""I .service was
I tlio (lefVn.Iant
1 othor province
^1 -'I valid scr-
coipoiiition
CHAP. I, OF" SLMMONH.
TITLE I.
OF THE HiriT.
IS
CIIAPTEIl I.
OK SIMMONS.
4;i. Kverv action before
the -upcrini- court is iiistitut-
ed by^meaiis ut'awrit ol'sium-
mons, in tlie name of the
sovereifrn ; savini: tlie excep-
tions contained in tiiis code,
and other eases provided for
by -Special laws.
44. Writs of summons are
issued by the prothonotary,
upon tlie written recjui.sitiun
ot the plaintiff
j district.-*, neveral writs must
I i-ssue (iiicc-ted in the sjimo
' manner, (/i* .S. (/. art. .5Hti;i).
! 4l». The writ must .state
the names, the occuj)ation or
(piality and the domiciii- of
the pbiintitr, and the namts
and actual re.-iidcnee ot the
•Itdendant.— In action.s upon
bilLs of e.\clianj,'e or promis-
sory note.s, or any other
private writintrs, whether ne-
Kotiahlc or not, it is sulli-
eient to ^nve tlie initials of
the christian or furit names
of the defendant, such as
Ih V maybedrawniipi theyare written upon such
in he Ffcnc 1 or n »i.,. >,;ii„ „. * . ' .
either in the French or in the
English language.
4C. They are attested and
signed by the prothonotary.
47. The ab.sence of the seal
of the court does not inva-
lidate the writ
bills, notes or instrument. —
If the defendant has no dond-
eile or ])ernianent residence
in this province, the mentioit
of hi.s surname alone wilt
suffice, if his christian name
cannot be obtained, provided
48. having the particular { he be otherwise sufficiently
exceptions hereinafter men- 1 designated in the writ, and
tioned, writs ot summons that such writ be serveii
may be directed to the sheritt'i upon him personally.-When
or to any batlittof the .listrict; a corporate body is a party
m^^hIch such writ issues, | to the suit, it is 'sufficient to
and may be liyhira served in
such <iistrict or in an\; other
district, or thev may' be di-
rected to the sheriff or to any
bailiff" of the district in which
such writ is to be served com-
manding him to summon the
defendant to appear before
insert its corporate name and
to indicate its principal place
of business. (A'. S. Q., art.
5HtJ4).
r>0. The causes of action
mnst l)e stated in the writ, or
in a declaration annexed to it
th
e court on the day and at i tioned
Tl
le lormalities nien-
the place therein mentioned. ^ and 50 .,,
—If there are several defen- i of nullity
dants residing in diff'erenti 33 If'
in articles 4G, 48, 40
ue required on pain
the object of the de-
14
coDK „r ,;,ovKm-m, ,.A,r „, „„„k ,, ,„. ,.
the city, towji. villue-e
>an.sJ,, or t,.«nsl.ip. ta?t'
^'^,;j,s'f"ntnl. nnd also the
Jft'Kis .oMterminous to it
IS a body of l,,n,i, ),,„;'
""d"^ a particular „;,„<! u is
s ft.c.ent ,0 j,ive i,s n'ame
i^'i'i Its sitiiafioii. -_ If tho
immoveable forms part of a
to^vnsh.p,pa,.isb,citv, own
orvUlage, tl.e]otsin\vS
to tTr'"'-'!^^^"'^^'^'"'
10 state Its iHiniber. — If tl,p
demand relates to rents con!
tituted for the redemption of
relating to any seigniSrv
l^ll must be described i'.:
cording to the ],rovisio. s
ome act 27 and 28 VicJ;'
s,r,^^^\P'V'\'^ ^^ summons,
and the declaration served
rtho'''-ffi'^*^"'^"^'^"d filed
n the office of the prothc-
alt S' "^'^^; '^^ «'"ended or
altered with the leave of
•annot"'''|-''';f«"^^"dmei?t
cannot be allowed if it
5™S ...e „at,„.e of ,,,1
53- No summons can ho
?eryed before seven o^cIock
m the morning, or afte^-sevei
<> clock in the afternoon.!!!
This provision, however.doea
ot apj.ly ,,,,,,, ^f ^^. J
(tJ re.yion.lruiliim.
nn. Service is effected bv
^:;:;.";j;;"'"!'^''!eiendantJ
anl? I ^I'l" '■■'■,'' "* summons,
and of the declaration, if'
tJiere is one.-The copv n u^f
;e certified either by Jlero
Uionotary or bv the attorney
for the plaintiff, or bv the
'Sheriff, when the service is to
l^e nia.le by him.
/>7. Service must be made
her upon the defendant in
'u.,on, or at his domicile, or
he place of his ordinary
"sideice, .speaking to a rea-
M>nable person befonging't'o
of :""'V--.'" t''^- absc^nce
of a regular domicile, service
dant at his office or place of
l^"siness,ifhelmsoiie.
the defendant resides in the
same domicile with the pia
ff he must be served pJrson-
ly, unless the court grants
riJ'l A ^^^^^'^ are several
lefendants, t|.'.y are served
n the manner above men-
'oned separately and "d it
iinctlj, and a copv of the
summons is left wilh each of
Jhem, except in the cases
hereinafter provided.
I ^?- Service upon a ffenerfll
jPariiershipmalbenfaT^^^^^
I Its place of business, if it ijas
i one, and if it has not u, on
one of the partners. ' ' ^
61 Service upon a joint-
stock company n^.av be Cde
at Its ofhce, speakinff to n
person employed in^ ,',^ch
I TIT. I.
I, liowever.does
rtiiscs of ca///«.-f
um.
i^ e<rectt'.l by
}ie (lefenduntji
it of sum moil. s,
It'cliiration, if
fill' copy must
icr hy till' pro-
V' till! attorney
^'' iH- by the
10 service is to
lust be made
defendant in
^ domicile, or
jiis ordinary
iiig to a rea-
'n'longing to
tile absence
ieile, service
•n tile defen-
or plaee of
13 one.
es in which
sides in the
til thejilaii!
■ved person-
ourt grants
I otherwise,
ire several
are served
i^ove inen-
' and dis-
IPy of the
itii each of
tile cases
■d.
a general
; made at
3, if it has
'lot, upon
1 a joint-
ije made
ing to a
in such
CHAl*. I, OK 81 M.MO.V8.
15
office, or elsewhere upon its
president, secretary or agent.
6a. If the partnership has
no known office or place of
bu-'iness, nor any known pre-
sident or secretary or agent,
upon a return to that effect,
the court or judge may order
it to be summoned liy a notice
to be inserted during one
month in at least one news-
paper, and such notice is held
to be a sufficient service.
C3. Service upon a body
corporate is made in the man-
ner provided by its charter,
and in the absence of such
provision, in the manner pres-
cribed in the two preceding
articles.
64. Foreign companies or
corporations, and all execu-
tors of wills, administrators,
or representatives of the suc-
cession of persons having had
property in Lower Canada,
may, if they have an office or
an agent in Lower Canada,
or carry on business therein,
be summoned there, in the
manner provided in article
(il, and, if they have no such
office, in the manner pres-
cribed in article 62.— Foreign
railway companies who con-
trol either as owners or les-
sees, any line of railway ex-
tending to or passing through
the province of Quebec, and i
who have no office, president, :
secretary or agent therein, |
are sufficiently summoned by !
service made upon any of
their station agents or depot '
masters, in charge of such
stations or depots, belonging
to or order the control of the
control of the said companies,
as are .situated within this
p ro v i n .•...(/,' , ,v. <^ , , a r t . 5St;r> ) .
65. ('hiirch /iiliriqiies and
vestries are served by leaving
copies of the summons separ-
ately with tliec*/r<' oriector,
or person performing his
functions in the parish, and
with tile then acting church-
warden.
66. Service upon masters
or captains of ships or other
mariners, who have no domi-
cile 111 Lower Canada, mav
lie made on board the ship
they lielong to. speaking to a
person in the ship's employ.
67. A wife separated froni
bed and hoard must be served
separately from her husband.
— A wife not separated from
bed and board is sufficiently
summoned by service made
upon her husband.
C8. If the defendant has
left his domicile in Lower
Canada or has never had such
\ domicile, but has property
tlierein, tlie court or judge,
or the piothonotarv, upon a
return staling that "he cannot
be fount." in the district, may
order him to appear within
two mouths from the last
publication of such order. —
The order must be published
in the French and English
languages, and be twice in-
serted in a newspaper pu-
blished in each language res-
pectively in the district wh^re
the court is held ; and in
default of either of such news-
papers in such district, then
It 13 inserted in a similar
newspaper of the nearest lo-
16
cooKnP,„onKDi;„B, ,.A„„^30oKi, nr.,.
<-»il't/;an(i8uch.M.w.sn;,,u.r«
m llu> courl. j,„Il„.. „f TMc-
thouoiH ry T|„. onin- ,,,.,..1
not I).. ,,nMisli,.,i ,.,i u-naih
but may J.,. i„ til,, luilovvi,,;
Form for publirntion
l-'istrict of j
In thk SiTPKriioR Court.
A. B., of (he {doviicUe and
occupation),
Plaintiff
\ vs
<^ D., of the {rcHidcncc and
occupation)^
f^<'f''iidant, i
Tiio defondnnt is oidored
to appear within twu months '
E.F, I
'*■ 3. c. !
iR. S. Q., art. 58(Jfj).
C9. Nevertheless, and with-
out prejudice to the mode of
suiiir-ons uiention.'.l i,, the
preee ling article, when a de-
tondant, havin? propi-rty in ,
tiie province has never had or
has no longer >my domicile i
thereui, or when the cause I
ot action arose in t he province '
and the defendant -LS^ies fn i
the DoniuHoii of Canada, the
Ji'^^ge r.r the pro.hn„nta.-v i
upon p„ . of the facV'bVi
affidavn c. ',r- w.so, may- 1
grant lea /ev^.,,etu',wr,•iti
lofiiimmonsat the domicile of
tl'" ^'X'ndanf.andsuchleure
i^einforsedin writinirbvhim.
"Pon the writ, whtch- may
then he served l)v any l.ailiff
"|a fonrt ..f suporinr juris-
diction in the place in which
the si.rviee is to !>.■ made or
Huy literate person, either of
whom makes an alli lavit of
S'Tviee. sworn to hofure anv
J'l^Uee of 11,0 p,.,^,.^. ,,„y.,j^
jjinsdictioninthepjacewhere
the service was made, ,„• h,,.
fore a commission n.r of the
siipenorcourtforthel'rovince
• o.J.^iel.eeorl,yai.ybailifrof
vince. (/,/., art. 5stj7)
!m™;be'''i;;:;i:',:o„J;rt"r;!
71- -A summons cannot on
Pai" of nullity, be served i:i
church, nor in court, no •
, M'on a member of the effis-
I ^iture upon the tioor of the
j House.
j 7'v. A -summons may be
served at any domicile eLct-
I ed^by the party for such pu,.
I 'noned to appear upon anv
day in the vear other thaS p
bunday or holiday.
74. Bihlitfs cannot mak-
ervices in cases in whf'-.
hey are interested, noi in
ti.ose which conce-n thek
relations by birth or affinTty
tothe degree of cousin-"pi
mail laclusiveiy. ^""
75. In ordinary cases the
delay upon summons is tea
intermediate days between
%
t the tioiniciloof
. and Hiu;li luuee
writiii^rhyhini,
'') whicli may
I li.v any (.(uliif
•<npt'ri(ir juris-
plarc! in which
to I*'- nuiilt; or
^non, either of
an ulh l.ivit of
to hefore any
peace having
the place where
■^ made, „,• be-
sionmr of the
"rthel'rovince
V iiiiy bailiff of
iJrt/oi' the pro-
;. 5867).
''"prisoned
oned \iy per-
between the
CHAP, ir, OP TUB IlKTMBM,
17
the day of service and the (lay
fixed tor the aj)pearan<e,whi'li
the di-tanci' fmiii the diiiiii-
oiie of the defendant to tlie
place where the court i? Iield
does not exceed five leagues.
— In demands hv reuron of
nsiirpation of oft^ce, md in
those for Wilts ot ,//,//< litmus,
of p ohihifiiiM, and of iir,r>'
f'liriitf. flii' f lay is tliree (Jays.
In suits between lessors and
lessees the delay ujioii sum-
mons is one day only. — Whi'H
the Instance " exceeds five
leagues the delay is increased
one day for each additional
five lea<?ues.
7(J Writs of sutnnioMs must
be nturned into the otlice ot
the clerk of the court on or
before the day lixed. |
77 The writ must be ac- ,
companied with a return or
ccitilicate 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 is appointed ; — 2.
The day and hotu- of the ser-
vice :— 3. The place where,
and the person with whom a
copv ot the writ was left ; — j
4. '1 he distance from the bai- !
Mtf's resid Mice to the place oi i
service ; ■ - -, The distaflce {
Iroin the court-house to the
defendant's domicile, or the
place of service ; — 6. The
amount of the costs of service
— If the ret
3 made bv the
fiherilf, it must contain the
same statement, with the ex-
ception of what is mentioned
in the first paragrap':.
79. The truth of the return
ran only ho contested by im-
probation, unleji.^ the court
oriiers otherwise,
H(>. The court may grant
leave to amend any error in
the return.
•'H.M'TKK n.
OK TIIK UETIK.V.
81. Kveiy writ ofsummoii.4
and every writ of capias or
attachment, must be filed in
the ofhce of the clerk, on or
before the day on which tiio
defendant is therein sum-
moned to appear, or upon the
fie.xt following jiuidical day
in the cast! of article 3.
H'i- If the writ is not re-
I turned, us hereiualiove pro-
I videil, the defendant may
obtain the benefit of adelanU
a^'ainst the plaintiff, and be
discharged from the .suit, with
costs, upon filing the copy of
the writserveil upon him.
SECTION I.
OF APPKAHANCK.
83. The defendant, when
duly -nmmoued, must appear,
eithei in i)erson or by attor-
ney iiid must filea"writien
appearance in tl, office of the
clerk of the court on thi' day
fixed, or on the next follow-
ing juridical day.
SE(?TI0N' II.
OK ELECTION OF DOMICILE.
84. Every party appearing
:n person is held, by reason
18
COI.K OK I'llOCKOUliK, I'ART H, HOOK I, TIT. I.
of such appearance, to have
elected domicile in the office
ofthe prothonotary in which
his appearance in filed. —
Whenever one of the parties
has, since the commencement
of the suit, left the province,
or has no domicile there-
in, all orders, rules, notices
or other proceedings, may be
served upon him at the pro-
thonotary'.s- office, as being
his legal domicile, provided
the sheriff or biiiliff alleges in
his return that he has made
fruitless enileavours to find
him, and that, to the best of
his belief, he is not within
the limits ofthe province. (A'.
5. Q., art. 58G8).
85. Advocates and attor-
neys are bound to elect domi-
cile within a distance of one
mile from the building in
which the court is held, and
to have the same, as well as
any subsequent change there-
of, registered in the protlio-
notary's office, in the register
kep^ for that purpose. — In
aefault of making such elec-
tion of domicile, or of regis-
tering the same or any chan-
ge thereof, such attorneys
are held to have elected domi-
cile at the prothonotarv's
office, where all services upon
them may be validly made.
•■al day, must enter a default,
against him, and the plain-
tiff, U})oii obtaining a certifi-
cate of such entry, may pro-
ceed to judfTinent ex parte.
87. Notwithstanding the
entry of such default, the
defendant may, at any time
i before judgment, upon spe-
^ cial application and sufficient
cause shown, be relieved from
it, upon such conditions as
the court may thirk proper
to impose.
88. This application must
be served upon the plaintiff
at least one clear day before
it is presented.
SECTIOX IV.
OP Jl'DOMKNT BY DKKAtJLT fOK
NOX-AI'l'KARANCE.
SECTION III.
OP NON-APPEARANCK.
86. If the defendant does
not appear within the delays
prescribed, the prothonotary,
on the ne.xt following juridi-
89. If, in any action found-
; ed upon a bill of exchange,
: promissory note, cedule, che-
; que, act or private-writing,
I the defendant fail to appear
I or to i)lead, judgment mav
i be rendered out of term upoii
: the written application ofthe
I plaintiff, without its being
necessary to prove the signa-
tures to such documents, or
to make any other proof.
90. Judgment may be ren-
dered in the same"^ manner
when the action is founded
upon an authentic document.
91. In actions founded
upon verbal agreements to
pay specific .sums of money,
or upon detailed accounts, or
for goods sold and delivered,
or for monejr lent, judgment
may likewise be rendered
I
I
OK I, TIT. I.
nust enter a defatilt,
im, and the plnin-
obtaining a certifi-
cli entry, may pro-
(Jgnient ex parte.
witlistanding the
such <lelault, the
may, at any time
Iginent, upon spe-
ation and sufficient
^'n, be relieved from
iiicli conditions as
may thirjt proper
J application must
upon the plaintiff'
e clear day belore
I ted.
CIIAI'. II, OK TMi; HKTIHX.
u»
:TrOX IV.
<T BY DKKAULT iOM.
M'I'KAUA.VCE.
any action found-
bill of exchange,
note, cedule, che-
' private-writing,
^nt fail to appear
1, judgment may
I out of term upoii
application of the
'ithout its being
prove the signa-
cli documents, or
y other proof,
meat may be ren-
lie same manner
xction is founded
hentic document,
actions founded
1 agreements to
HP.ma of money,
liled accounts, or
Id and delivered,
r lent, judgment
se be rendered
fV)rtliwith ui)OM the produc-
tinn. together with the in-
-ciiption for judgment, of an
affidavit of the plaintiff, or
line of the jjlaintiffs. or of
any otiier credible person,
whether competent or not to
bea witness in the case, dulv
madc before a judge, or the
SKCTIO.V V.
Or C0XKKS.SI(».\ (IK ,1 CIXi.MK.NT.
04. The defeiiihuit mav,
at any stage of the proceell-
"ig^. file, or cause to bo
taken down in writing at
the prothoiKjtary's office, a
, ..^n r .. — o--". t uv. i,,e proinoiKjtarv s o 1 ce a
l-rotiiunotary. or a commi.s- confession of ju'lgment V,
Moner o he superior co>.rt, the whole or any pu t f tl ^
and establishing that, to the -' ' — ^ I''"."" i'"-
kiiowledge of the ileponeiit,
the amount claimed is due
by the defendant to the plain-
tiff". The judge in term has
tlie ,=iame powers as the pro-
thonotary respecting the ren-
dering of judgments upon
the i)laintiff's affidavit, in the
cases speciffed in this article
(A*. S. (J., art. .")8G!)).
• lemaud. — The confession
must be signed by the defen-
dant, or be made bv his
■special attorney, whose jxjwer
ofattoruey.in authentic form,
must be filed with such con-
fession.
95. If the person who ap-
pears as defendant, in order
to confess judgment, is un-
known to the prothonotarv,
the latter must require hiin
i in. In every such case,. -- .....at .f,,,ure nmi
' the prothonotary in vacation, M" produce tiie copv of the
i or m term, upon the case -^""nuuns, or to procure the
being inscribed forjudgment. ' •■ounter-signature of an at-
dinwg up a judgment, in the toriiey-at-law.
uanie of the court, conform- j »«• If the i)laintifr accepts
ably to the demand and to I s''^-''' confession, he mav in-
the amount which ajipea is ! «<"i"i'ji-' t lie ca.se forthwitii for
to be due; and such judg- ' judgment, and the prothono-
iiient is held to be the judg- \ tary draws up, in conformitv
ment of the court, and is re-' "^^'ith such confession, a judtr-
recorde.I accordingly. (A/., I ment, which is held to be the
'"'^- •'*^70). ; judgment of the court, and
03. The plaintiff raav, at ' "* 'V.^'-"'*'^''^ and executed ac-
any time before exec u tin .r^,'^''''"!>^'':>'- 1'i'<-' judgment
•«uch judgment, renounce the ".'" - '•'"'i^^'" "P need not nien-
■■^ame, and. upon filing with ['•'". '"^ P''t'sence of a judge.
the prothonotarv his renun
'•lation in writing, he may
proceed in the ordinary f
same man
but it must contain a recital
of the confession as it was
ffiven, and uf the inscriptiou
, " ....M.,..-i ii.^ifit y ^"'^' plaintiff, and lastly
had not been rendered; he I condemnation, in the
must, however, bear the costs ' "i^™*^' "^ V"' ^o"''*> against
of such Judgment. * '" ' '
the defend
i 07. If tl
ant.
le confession of
20
CODK OK I'ROCKDfUK, PAUT II, liUOK I, TIT. X.
jiulginoiit i.-! not aoccjjiiMl,
tlic plaiiititr must jfivL' tlio
ilcft'iiilaiit ncticc to tliiit
ell'ect, and, uftrr.sucli notice,
the case is procecdofl with in
the ordinaiv conrsc : and, if
the idaintili" doi'.s lujt <jlitain
more from tlic court tlian lii'
woiihl liave had njjon tlie
confession, he i:< not entitled
to moie cost,^ than if thecon-
fesriion had l)een accepted :
savinjf the |iou'eiof the conit
to grant the ih'fendant wliat-
ever costs of contestation it
m.iy tliink pmper.
i)8. if there are several
defendants in tlie same snit,
some onl}' of whom confess
judifmenl, tlie plaintitF may
pi'oceed, upon such confes-
sion, to recover against tliose
who haveackno\vie(iL!;ed tiieir
indel)tedness,s.'ivin},^ his rif^dit
to continue the suit against
the others.
SECTION VI.
OP THK FILING OV KXHIRITS.
l)i). The plaintilf must, at
the lime that he returns tiie
writ, file in the prothonota-
ry's oflice the written proofs
which he has alleji:ed in sup-
port of his demand, toj^'cther
with a list or inventory of
such exhibits.
100. If the exhibits are
P'ivate wiilings, or notaiial
orij^iuals, the party may re-
tain thi'iii until tile .articula-
tion of facts, provided he
file.'! copies tiicrcof, certiiied
by him or by his attorney.
101. Exhibits filed caiiiiot
be taken out oftheodlcp, un-
less the ()])])osile jiarty con-
sents and a rcceii»l is f,'iven.
10!i. Any person in jiosse.'^-
sion of a doenmenl hied and
fortnin{f jiart of a recnid, or
having*- t;iken or received it,
may, upon motion, be coer-
ced by imprisonment, to re-
' turn tlie same, without pre-
jiulice to his liability for
danui^^es.
1o:j. I'll til the exiiibits
iiave been tiled in tiie man-
ner hereinabove presciibed,
the plaintilf cannot proceed
with his (lemai:d.
104. Every exhiliit liled in
a cause becomes conunon to
all the parties to the suit,
and they may obtain copies
thereof from the proihono-
tary so lony as it remaius in
his hands.
10.">. The prothonotary can-
not receive any exibit in
j blank, nor any listofexhi-
' bits in which tiie desij^niation
; of any exhibit is not liled up.
106. If the exhibits in sup-
port of the demand have not
been liled on the return day,
they cannot be liled after-
wards without giving- notice
to the opjiosite party ; saving
the provisions of article 100.
CHAPTER III.
OK CONTESTATION.
! SECTIOX I.
(iENEUAL PnoVLSlOXS.
107. All declinatory and I
dilatory exceptions, and ex-
■JU,
I, TIT. r.
nt of till- ofllcp, un-
ipiisitc ])art_v oon-
i receipt is jfiven.
y peitiuii ill possef-
;j(.' lime lit lili'd and
lit of a rccnid, or
en or received it,
iiiotioii, bf coer-
piisoiimeiit, lu re-
inc, wiiliDiil pre-
liis liiil)ility for
itil the oxliibits
tiled in tiu! nian-
nhovo [)rescribed,
II' can Mot iiroceed
■iiiiind.
■ry exhiliit lilod in
•uraes comuioii to
irties to tlie suit,
liiy ohiaiu copies
m tlie proiliouo-
g- as it leuiaiua in
prothonotaiy can-
t' ail}' exiliit ill
• any list of exhi-
cli llie desii,Miatioii
ibit is not lilcd up.
lie exhilnto in su['-
dcniaad liiivo not
jn the rotuiii day,
ot be tiled after-
lont giving notice
site party; saving
ions of article 100.
PTER lil.
)NTKSTATIO^f.
CTION I.
lL I'novisioxs.
declinatory and
cceptious, and ox-
chap, in, OK rO.NTESTATlO.V.
c^'ption?; to the form, wliich
ilie (iefendant intends to
plead, must be filed within
four days from tlie return of
the writ, except in the case
mentioned in article 121.
108. Tliej)liiintitris bound
to answer any such excep-
tion within eight days after
it is filed ; excepting"^ where
he IS himself obligeil t(. call '
in warrantors ; the delav '
then begins onlv from the '
expiration of the delays to
wliK'h such warrantor's are
entitled to answer the de- 1
luand brt !.;'it against them '
109. The defendant, when '
leis :M!title<i to repjv, must
hie his ie])lication within
eight days from the filing of
the plaintiffs answer.
110. A like delav of eight
, days IS allowed for the filing
I of any other pleading that
I may be necessarv, or Ts per-
mitted by the coiirt, in order
to complete the issues, !
L *"• '''•'« piii'ty failing to '
jtile any such preliminary ex- I
ceptioii, answer, or rer'dica- ;
jtion, or other pleading, with-
hn the delays prescribed, i.s by
ilaw, foreclo.sed from doing s(i '
Imiless the court, upon cause
isliown. has extended the
lOciay, or has otherwise order-
113. Xo ]dea containing a
|l»relnninaiy exception can be
filed unless it is acccmipanied,
Pitli ii deposit of such sum of i
^!on<>yag is fi^ed by the rules'
Jt practice of the court. ;
21
si:cTio.v ir.
OK DKCM.VATOUV KXCKPTIOVS.
113 When a declinat(,ry
oxception. i,1(m1 by the de-
fendant IS maintained, the
parties must be dismissed
saving their recourse before
a Competent court.
114. The narties must also
be dismissed by the court
even though no such exceni
tion has been ph.ided. if the
action IS manifestly beyond
tlie lurisdiction of the court
. ^y'' The court, in declar-
'"S Itself incomi)etent, may
award costs, ■•
circumstances.
according to
SECTION III.
OK KXCKI'TIO.V TO TlIK FORM.
•, lir>. The following grounds
■ I i"'ist be pleaded by exception
! to the form:— 1. Informalities
. "1 the writ or service • _ 2
; 1/ilormalities in the declaral
tion wlien It contravenes the
provisions (H)ntained in arti-
, t'les 14, 10, 50, r.J nnd .5(J.
117. The plaintitr, upon an
: exception to the form as well
I as at any oth.-r time before
.I'ldgnient. may, by leave of
i the court, amend 'eitiKit. the
"■rit or the declaration, on
payment of such costs as the
court aetermines.
n«. If the copy of the writ
or of the de(daraiion is incor-
rect, or different from the
original, the plaintilf may,
upon leave of the court and
on payment of costs, furnish
22
CODK OF PROOKDIUK, PART II, ROOK I, TIT. I.
the defendant with a correct
copy.
119. XiiUitios in tlie writ
or service, and informalities
in tlie declaration, are waived
hy the ai)i)oarance of the de-
fendant and hi?; failure to
lake a<lvanta^fe of them with-
in the delays prescribed.
SECTrOX IV.
OF nil-ATORY KXCKl'TIONS AND
SPKCIALI.Y OK ACTIONS
IN WAHHANTY.
120. The defemlant may
ptay the snit by dilatory ex-
ception ; — 1. If the delays to
Avhich he is entitled for the
purpose of makinp an in-
ventory and deliberating,
whether as heir, or legatee,
or in the case of conimnnity
of pro])erty, have not expired :
— 2. If he" has a right to de-
mand security from the plain-
tift', or the execution of some
precedent obligation ; — 3.
Wlien the plaintiff contra-
venes tlie rule that the par-
ties should remain in their res-
pective positions until these
are changed by judicial au-
thority ; — 4. When the defen-
dant iias a right to exercise a
recourse in warranty against
a third party ; — 5. 'When he
has a right to demand the
discussion of the princijial or
original debtor ; — 6. When
the plaintiff has joined in his
action several claims which
are incomi)atible, or suscep-
tible of different modes of
trial ; and in such case the
•defendant cannot be bound
to defend the action until the
plaintiff has declared his op-
tion ; — 7. If the jilaintitf does
not reside in the province,
and a power of attorney from
him is not jiroiluccd ; — H. If,
in the ciise of an indivisible
light or claim, all the parties
interestetl and whose presen-
ce is necessary, are not made
parties to the suit.
121. if the dilatory excep-
tion is founded upon the legal
delay for making an inven-
tory and deliberating, llie
delays for iileading to the
action, and even for setting
up other preliminary pleas,
do not begin to run againsi
the defendant until after thf
time allowed him to makr
such inventory and to deli-
berate.
122. If the defendant has
warrantor? to call in, he may.
by means of a dilatory excep-
tion, obtain that bis delay to
plead to the action be not
computed until the warrant-
ors have been called in and
held to plead to the merits.
123. The deU;y allowed t<i
call in warrantors is eight
days after service of the prin-
cipal demand, exclusive of
whatever time may be re-
quired to summon the war-
rantors, pursuant to the pro-
visions of article T.'i.
124. The demand in war-
ranty must be special ami
contain a summary statemeiit
of tlic grounds upon which it
is made, with a copy of the
principal demand and of the
pleadings which require the
calling in of the warrantors
K I, TIT. I.
CHAP. Ill, OF roSTEST.VTION.
23
he action until tlio
i^! (li;cl:ire(l his op-
If the plftintltrdoes
in tlie province,
T of attorney from
produced ; — 8. If,
of an indivisil)le
xim, all the parties
and whose presen-
sary, are not made
the suit.
he dilatory oxcep-
ided upon tlie \v^a\
naking an iriven-
deiiherating, tlie
])leading to the
\ even for setting
preliminary pleas,
rin to run' against
ant until after the
red him to make
titory and to deli-
thc defendant has
■3 to call ill, he may.
jf a dilatory excep-
II that bis delay to
the action be not
until the warrant-
leen called in and
ead to the merits.
e delay allowed to
arrantors is eight
service of the prin-
and, exclusive of
time may be re-
summon the Wiii-
arsuant to the pro-
article 75.
e demand in war-
st be special and
lummary statement
uids upon which ;t
•ith a copy of tiie
lemand and of tlif
which require tlic
of the warrantors
l'i5. In cases of simi)le or
personal warrantv, the war-
rantor cannot take up the
defence of the defendant, bu*
can merely interveneand con-
tost the ])rincipiU demand, if
he thinks proper.
136. In cases of real war-,
ranty, the purchaser who is , fore a judge or protiionotarv
disturbed or evicted is not in vacation, and may be ad-
i)oMiid to call in first his ini- Jiidicated upon forthwith.—
mediate warrantor, but lie ' If the person bound to irivu
the service upon the defen-
dant's advocate of a notice
iuforming him that such se-
oiiritv has lieen given, (/i*.
S.fJ., art. nsTI).
Via. The application
security for costs may
made before the court or
for
be
be-
may summon in warranty
any more remote warrantor
who may eventually be bound
to intervene in the suit.
Vi7. In cases of real war-
ranty, the warrantor mav
take u]) the defence of the
warrantee, Avho is relieved
from the contestation, if he
requires it. — Nevertheless,
although relieved from the
contestation, he mav reinain
security fails to do so within
such time as the court, judge
or profhonotary may li.\, the
o[)]iosite i)artyniay obtain a
judgment of non-suit.— Sav-
ing the foregoing jirovision,
any person from whom se-
curity may be demanded in
virtue of article 29 of the
civil code, may at any time,
whether the same has been
demanded or not, put in such
in the suit, and act 'in it for security after one clear day's
the protection of his rights.
—Judgment rendered against
the warrantor may be exe-
cuted against t!ie W'arrantee.
— It is su^icient, in any case,
that the judgment be served
ujjon the warrantee, without
liny other demand or proce-
♦lure being necessary.
138. Whenever, a'ccordjng
to article 20 of the Civil
notice to the opposite party.
{Id., art. 5872).
130. The exception of dis-
cussioii, whenever it lies, is
subject to the general rules
contained in this section, and
to the special provisions con-
tained in tlie articles 11)41,
1942, 1943, 2066 and 2067 iu
the Civil Code.
131. Before answering a
Code, a person, who does not! dilatory exception, or any
reside in Lower Canada, is i other preliminarv plea filed",
bound to give security, all , the plaintiff mav if he th'nks
proceedings in the case ma\
be stayed, upon application
of the adverse party, until
.s!!ch security has been given.
— The delays for filing pre-
liminaryexceptions and pleas
to the merits do not begin to
the e.v.ception is filed solely in
order to retard the suit, re-
quire the defendant, in writ-
ing, to plead to the merits,
and may foreclose him if such
plea to the merits is not filed
within eight davs from the
run until after the date of demand thereof
in which
24
COKK OK IMIOCEDCRK, I'ArtT II, HOOK I, TIT. I,
til after tlu' ex]iiration of
cij^'ht (lay^, couiitiiiir from
the day on which the war-
rantor' rotiM himself have
hecMi forocloHod from pltnui-
iii{r to tlie action in warranty.
— Tile wurnuitor niav, within
the delays granted to the
warrantee, jdead to the ac-
tion hronrrlit afjainst the
latter. Avhetlier the warrantee
has already pleaded to it O!
not.
135. Gronnds of prelimi-
narj exeej)tion may, in cer-
tain cases, he nrjred by mo-
tion, according to the prac-
tice of the conrts.
case the courts take copniz-
anceofno other issnes than
those raise' upon the \n-e- j
liminary exceptions.
13'Z. 'if the defendant tiles
his pleas to the merits, proof
takes [ilace upon all the issnes
unless the court otherwise
orders ; and if he succeeds
upon the i)relimiiiary excej)- \
tion. he nniy recover from
tlie plaintifltlie costs incurred
upon tlie contestation of the '
merits to wliich he was forced
under the provisions of the
precedin^r iirticlc.
133. When the defendant
has jdeaded a dilatory excep-
tion, which is after\vards
maintained, the foreclosure
from ]deadinj>- to the merits,
obtained afjainst him under
article 131, is without effect ;
but he is hound to file his
pleas to the merits within
eight days after the expira-
tion of the delays granted
upon his cxceittion, and, in
default of iiis so doing, the
foreclosure holds good. — If,
upon being required to do so
by the jihnntiff. the defen-
dant has pleaded to the mer-
its, he may. after the judg-
ment main iaininghis dilatory
exce])tiou, and within eight
days. amend his pleas or plead | otheiwiso. mustbe fi'ledwith-
anew, without thereby in- | in eight days after the ap-
curring any costs ; in default j pearance, e.vcept in the cases
of his doing so he is presumed | otherwise provided for in the
to abide by the pleas filed. j preceding section. — If they
134. "When the object of ; are not filed within such de-
the dilatoiy exception main- I lay, the adverse party may
taincd is tiie calling in of | demand them, and if they aie
OF Tuv:
SECTIOX V.
CONTKST.\TIO\
THK MKRITS.
UPON
130. The defendant may
plead by peremptory exce])-
tion: — l". 7.?> pendeml—'l. The
non-comi)letion of the time,
or the non-fulfilment of the
condition u])on Avhich tlie
right of action depends : — .3.
The extinction, in whole or
in part, of the right claimed
by the jilaintiff.
137. All pleas to theraerits,
whether by exception or
varrantois. the defendant in
tlie principal suit cannot be
foreclosed from pier ling un- j prothonotary may grant the
not filed within the three next
following juridical days, the
OK I, TIT. I.
tlie ex])iration of
k's, count ill",' from
n which the war-
)iild hiiiiHclf have
closod from plcad-
actioti in Avarrunty.
runtorniav, within
•3 prantod to the
', ])loa(l to the ac-
uplit apainst tlu'
ctlicr the warrantee
ly pleaded to it or
•onnds of prelimi-
ption may, in cer-
. he iir<jed by ino-
niiiig to the prac-
courta.
CHAP, m, OK CO.VTE.ST.VTIOX.
:cTiox V.
OXTi:STATIO\
UK MERITS.
UPON
le defcn(lant may
l)oremptory exee^i-
-/.' pendenft; — 2. The
ietion of the time,
n-fulfilnient of the
upon which tlie
'tion depends : — .3.
I'tion, in whole oi'
the I'iglit claimed
intiff.
pleas to the merits,
by exception or
must be fileil with-
ays after the ap-
pxccpt in the oases
provided for in the
section. — If they
'd within such de-
dverse party may
em, and if they aie
itiiin the three next
juridical days, the
uy may grant the
plaintiff f> certificate of fore-
'■{(Ksure.
l.'JS. The same delay of
eitrht iliiys is allowed' llie
t)liiintilf to answer the pleu-
uuless such answer is in
the nature of a dedinatoiv
• '" dilatory plea, or (jf uii
e\-ceptu)u to tile fonn, in
which cases the dclav is f.uir
divs only, pursuant to ar-
ticle 1U7.
l-'Jl>. A like delay of eii-ht
days is allowed for' the lilTii-v
<it any o '
25
served, without any demand
ot answer lieing necessary.
143. When the defendant
1.^ foreclosed from pleading,
tlic plai!:titr may proceed .u;
/"irfe, juid miiy, if the case
admit of It. proceed to jiidg-
ineiit, according f„ the pro-
visions contuined in articles
•*^y. !'0. Dl, <>-2 and 'Xi.
144. Si) particiilur form of
\vords is required in any
pleading; but every fact, th«
existence or truth of which
-o^foiur tneliinig existence or truth' of which
er jWc^u lug neces- ,s not expressly deni:;d o i ^i
me" > '!^.:"::!':^; 'i'rr' }^> be 'unknown, i,
tiared to tje unkiunyii,
held to be admitted.
145. Kvery denial of a sig-
I nature to a bill of exchange,
promissory note, or other
private writing or document
upon which any claim is
loiinded, must be accom-
panied with an aftidavit of
the party making the .leuial,
Of ot some person acting ad
his agent or clerk, and co,
gni.sant of the facts in such
capacity, that such instrij-
inent or some material part
■^ary to complete the issues.
140. After the expiration
ot these delays, the part v lail-
'ug to hie .1 i)loading"is by-
law torecloscd from doing s(),
without the con.senl ot^the
party, or leave of court.
141. Such foreclosure does
iH»t, however, take place
\Mlhout an order from the
court if the opposite partv
has not tiled with his plea,{-
Jug, in the manner prescribed,
tli(^ exhibits or written proofs
rrpiSci^^ig"?^ i;;^;^ "-'^'j i ^'ariiis'^i-nitrr^^
ulteu^s ^'n^ ^v'n;;;:; i^'''',"" ^^ -locumentis
the consent of tb ;^'^''H''t j ^'''-gt^J- or, in the case of a
partyriTavfo CO Tt^'^^^'r!"'^^ ^^' ''''^ ^^
cation, extend the delay for
filing such exhibits or vvrit-
'en proofs.
14a. When an amendment
ot any p eading has been al-
lowed, the ('pI-h- f
_ »y-a. L!ie ucici} to answer
l^uch pleading is reckoned,
i according to the foregoinc^
j7le3,tronithedayon whicii
the amendment is made and I
0-7 ^...vu iin^ m;i-i;BSliry
protest, notice and service
have not been regularly
made, stating in what the
irregularity consists ; with-
out prejudice, however, to
the recourse of such partv by
iniprubatioa.— lu the case of
promissory notes, or bills of
exchange payai)le at a parti-
cular place, they are presum-
ed, as against the maker or
■•iStSK^
'•'%'
hi
26
CODK OK PUOCEDl-HK. I'AUT II, I»>'>K I, TIT. I.
i !
Hi
acceptor, to liave been pre-
sented at that place at matu-
rity, iniles:^ the exception
founded upon such want ot
presentation is accompanied
with an atlidavit that, at tiie
time thev became due, pro-
vision had been made for
their payment at tlie specihed
place. The denial of any do-
cument specified in article
1220 of the Civil Code must
be accompanied by the giving,'
of security for the costs ot
the commission required to
obtain the proof of such do-
cument. In the cases of pa-,
ragraphs 5 and 6 of the same
article, the denial of the on- 1
crinal deposited must, more-
over, be accompanied by an
affidavit of the party makinj,^
the denial, statinj^- that he
doubts and does not believe
that the original in ([uestion
has bei-i. signed by the per-
son, ore.Kecuted m the m^an-
ner therein mentioned. The
party wishing to make use
of the copy filed is then
bound to prove the original,
and for this purpose the per-
son who has charge of the
original is bound, upon the
order of a judge, to deposit
it In the court in Avhich its
genuineness is contested :
and the prothonotary is
bound to furnish him, at the
expense of the contesting
party, with a copy thereot
certified bv such prothono-
tary.— The original, the ge-
nuineness of which IS thus
denied, may be annexed to
the commission required to
obtain its proof.
140. Wlien a party haa
pleaded incompatible or con-
tradictory grounds in the
same plea, lie may be requir-
ed bv the opposite party to
choose Itetween such grounds
or plead anew, and in de-
fault, of such choice the in-
compatii)le ground?: are held
to be of no etfect and are set
aside.
14T. A demurrer may be
pleaded, when the facts alleg-
ed in the declaration do not
give rise to the right of ac-
tion whicii the plaintiff seeks
to exercise
SECTION VI.
OF ISSCE JOINED.
148. The issues are com-
pleted ; — 1 • By declaration,
pleas and replications, it
there are no perpetual excep-
tion ;_2. By declaration, ex-
ceptions, answers to excep-
tions, and replications to
answers, if the answers con-
tain facts that are not alleg-
ed in the declaration ; — ::. J|
Thev are also held to be
completed by foreclosure
from filing, or by failure to
file answers or replications.
— Xevertheless, if the pro-
ceedings secondly enumer-
ated are not sufficient to ful-
ly set out the grounds of t\v:
liarties, the court may grant
leave to file further plead-
! iiisrs.
K 1, TIT. I.
lien a party haa
coinpati^iU' or «^on-
prourid'^ in tlu'
, hv nmy '>o reciuir-
opposUc i)arty to
ween sncli grounds
anew, and in de-
sucli choice the in-
e oroiind:-: are held
:) etlect and are set
demurrer may be
^hen the factjialleg-
declaration do not
to the right of ac-
h the plaintiff seeks
XTION VI.
ISSDK JOINED.
niAP. IV, OF INCIDENTS.
27
he issues are coni-
■ 1. By declaratioii.
id replications, it
no perpetual excep-
By declaration, ex-
answers to excep-
id replications tu
if the answers con-
i that are not aUe<:-
e declaration ; — :;.
e also held to be
:d by foreclosure
ng, or by failure to
ers or replication:-
heless, if the pro-
secondly enumer
not sufficient to ful
t the grounds of the
the court may grant
> tile further pleaci
rilAPTEIi IV.
OK INCIDENTS.
SECTIOX I.
OK IS'CIDENTAL DEMANDS.
149. The plaintiff may, in
tlic course of the suit, limke
an incidental demand:—].
In order to add to the princi-
'tal demand something he
!
Jias omitted to include in it;
—2. In order to claim a right
accrued since the servict^of
tlic principal suit and con-
JU'Cted with the right claim-
fd by such suit ;— :5. In order
to dcraayd something which
hv requires for the purpose of
avoiding a ground of defence
set up by the defendant.
150. This incidental de-
piand is made bv a petition
•ccompanied by the docu-
Uients in support thereof,
»nd served upon the opposite
party.
isi. The defendant mav
Set up by incidental demand
|ny claim of his arising out
m the same causes as the
Sruicipal demand, and which
e cannot plead by exctJp-
|on.- When the principal
emand is for the payment
a sum of money, the'defen-
int may also make an inci-
Pntal demand upon any
laim for money arising out
I other causes : but suph an
icidental demand is distinct
Dm and cannot retard the
fincipal action.— The court i
Jhenever it renders iudg-
Bfnt upon both demands f '
the same time, may order
compen.-^ation, if the case ad-
rait.s of it.
153. Incidental demands
oy the defendant are like-
I wise made by petition, ac-
I companied by the documents
j in sunport thereof, and served
and fifed at the same time as
the pleas to the merits.
. 153. Issue is joined upon
incidental demands in the
same manner as upon the
principal demand, and their
contestation is subject to the
same rules, delays and fore-
closures.
SECTION II.
OK INTERVENTIONS.
154. Every person interest-
ed in the event of a pending
suit IS entitled to be admitted
a party thereto, in order to
maintain his rights.
155 An intervention is
formed by a petition, con-
taining the grounds Avhich
justify the party in interven-
ing, with conclusions to that
ertect, and must be accom-
panied with the exhibits in
support thereof.
156. The demand in inter-
vention may be made in
court or filed in the protho-
notary's office ; but it cannot
stay proceedings upon the
principal demand unless it
i.'^ allowed by the Court, or
by a juuge in vacation, upon
application made at any time
before judgment in the cause.
157. When the interven-
tion 13 allowed by the court
28
C<)UK or I'ROrEDURK, I'AIIT II, T.OOK I, TIT. I.
or jiulKe, the suit is susiu'iid-
rtl (iurinK three day^^ ; ami it
the itilerveiiin^^ party fails
within that period to have it
servc'l upon the parties in
the case and to tile a certili-
cate ot such service, it is j
held not to have been filed |
and has no effect; and the \
tiling? of the prothonotary's j
eertitieate of such defaultis i
equivalent to a judgment dis- j
missing' the intervention. !
158. If the demand in in- !
' tervention is served within
the delav prescribed, the par-
ties to tl'ie suit are bound to
answer it within eight days
after such service, in default
of whicii the inlervcntioii is
held thenceforward to be
admitted by the parties who
have not contested it. The
intervening party is bound,
within eight days from the
admission ot his interven-
tion, to furnish any groumls
he may have to set up in the
principal suit.— The subse-
quent proceedings are the
same as in an ordinary suit.
SECTION III.
OF IMPROHATION.
159. Besides the action ot
improbatiou which may be
brought as a principal and
direct action, any party in a
suit may proceed by iinpro-
bation against any autheiilic
document produced by the
opposite party, and even
against a return of the sheriff
or of any other judicial offi-
cer.— Nevertheless as regards
simple service of summons or
of notice, the return may be
(•(untested on motion, with-
out an improbatiou, unless
the ('ourt otherwise orders.—
If the contestation be deemed
frivolous theeonlesting par-
tv may be condemned to pay
d'oul)re costs. — The court
niav, according to circum-
staiices, grant leavt- to amend
the return, by supplying any
I omissions or correcting any
! errors therein which might
be grounds of improbation.
ICO. A party miiy als(,> nro-
1 ceed bv improbatiou against
anv document filed by him-
.sel'f, and which he is seeking,'
to have delared i^'ll.
1(>1. Incident:;! improba- »
tion is begun by a petition.
' praving that the party tie al-
lowed to proceed by impro-
bation against the .document
therein designated, and that
the opposite ])arty lie held to
declare whether he inti'ud;
I to make use of such docu-
ment.— The petition must,
under pain of nullity: I't'
signed bv the party him.sell,
or'bv his attorney under a
specfal power filed with tlu
petition.
IG'i. The ])etition must be
served upon the oppositr
party before it is present t-d,
163. The petition must be
accomiianied by a deposit in
the prothonotarv's ofticc ota
sum fixed by the court, u
meet the costs tobeincuru'd,
in whole or in part, in tlif
event of the improbatiO!?
I being dismissed.
I ici. Improbation may b"^
jon pai
fliy th
,|toriie,\
#0 tlia
ge )
lemanc
|cs, on
[lent, a
1, irr. I.
ici; of snminnnsor
he roluni may lie
ftn motion, witli-
probalioii, unless
lliLTwise cnlers. —
t!>tation bedtH'meil
he conlci^tin-^f par-
coiuk'mneil lo pay
st:^. — The court
irding to circtim-
autU'iivi- to amend
by supplying,' aii>
or' coneetiiig any
rein whicli mij^lit
Is (if iniprobation.
[)arty may also nro-
1 probation againsr
iient tiled by liim-
vhich he is seeking
dared V'W-
icident:il improba- ;
gnu by a petition.
:i'iit the i)aity be al-
proceed by iniiu-o-
ainst the .document
■si^niated, atid that
ite ])arty be held te
k-helhor' he intend;
use of such docu-
:iic petition must,
lin of nuUityr 1"'
• the party him.self.
s attorney under a
ower filed with thf
he petition must 1h
ipon the oppositi
ore it is preseuteii.
he petition must be
nieil by a deposit in
lonotary's oftice ota.
d by the court, t-
costs to be incurred,
or in part, in thf^
if the improbatioaj
smissed.
mnrobation may m
( Il.U'. I\
<'f ;.NC!ii;;.\T.-
29
begun at any stage of the of if
■lit until the closing of the in th
evidence ami oven utter- at the .,ii,r
necessary, be (le[)osite(l
e |i;otlioMf)tarv's (dfiee,
wards before judgment
proofthat the fal.Mtv w
ascertained uiitil iifter
deuce w
ceedinga in the
nee nl tjie party
- "I""> who relies upon it. and that
as not the parties in charge thereof
IS closed.— All p
evi- be compelled, by all leeal
Jiriiici
'•o- means, to deposit it
pal
suit are suspended until ti
improbation is adjudicated
upon,
K;.".. Tlie o]>posite partv
mnst declare wiiether or not
lie intend.- to make use ol the
! document impugned, iuid tile
in the prothoiiotary's (dlice a
[precise ileclarutioii to that
|ellect, previously serv.nl uoom
1 lie plaint i(f in iniproliatiun.
]— Ttie declaration must also,
Jon pain of nullitv, be sii-ned
|)',\ the party, or bv iiLs at-
;;?torney under a special power
m" tliat effect fiK.d with the
»<i"claration. — The declara-
.•jlion must be made within
'i,!-',lit days In.m the filing of
the petilion, unless the del iv
Is extended by thejudo-e.
1 !«« If the defendant in
Improbation fails, within the '
lelay i)rescribed to make
nch declaration, or .leclares
tliat he does not intend to
make use of the document it
'•ejected from the record,
Hid if the conclusions de- ,
Ji-i>'d It, it is also declared
1«7. If the defendant in
njirobation declares that he
1 tends to make use of the
|ocument, the court, or a
idge m vacation, upon the
lemand of either of the par-
ies, orders that such docu-
ment, and the original there-
UiH. As soon as the docn-
nieiit impugned has been de-
iMisited JM the office of the
prdthoiiotary. he procceils to
<liaw up a descriptive state-
nieiit of its condition ; this is
"lone at the instance of either
party, the other party being
cither present or duly noti"
hed.— The descrijitive state-
nieiit must mention and de-
scribe the first and last worda
of each juige, the erasures,
words written over, inter-
Iineat.ous. m.-irginal notes,
paraphs, and signature.- upon
the (tocument, and all other
similar circnnistances ; the
document is initialed, and
the statement is sii;ned bv
tlic iirnthdiiotary, aiill by the
parties or their attorneys, or
else mention is made of the
reasons why the parties re-
fused to sign upon being re-
quired to do so.
1G<». The pi<rties take com-
uiuincation of the impugned
document from the hands of
tlie prdthoiiotary, and with-
out removinrr it."
no. Eight days after the
making of the descriptive
.statement, the plaintiff must
nle his article of improbation
and serve the same on the
defendant.
in. The defendant is al-
lowed a like delay of eight
30
CODE OK PROrEnniE, PAUT 11, TiOOK I. TIT. I.
i ilhii
(lays to file and serve his |
answers. I
ITi. In other respects the'
issues are joined and tried ns '
in ordinary suits, and are
subject to the same rules and
the same foreclosures. i
173. The judgment, winch |
decides upon the iniprobation ,
likewise determines to whom
of right the document shall
be handed over.
174. While the document
impugned remains in the pro-
thon(7tary's office, no copies
thereof can be delivered with-
out an order from the court,
after the parties have been
heard or have been notified.
175. The provisions of this
section, except those of arti-
cle 16.3, are observed in so
far as they apply, with regard
to direct actions of improba-
tion.
SECTION IV.
OF RECUSATIONS.
17G. Anv judge may be
recused :— i. If he is related
or allied to one of the parties
within the degree of cousin-
germain inclusively ; — 2. If
he has a suit depending upon
the matter in dispute, or has
previously taken cognizance
of it as an arbitrator ; 3. If he
has acted as sollicitor for
either of the parties or has
made known his opinion ex-
tra-judicially ; — 4. If a suit
is pending in his name be-
fore a court in which one of
the parties will sit as judge ;
— 5. If he has made vevbal or
written threats ncrainst one
of the ]iarties since the begin-
ning of the suit, or within
six months previous to th"-
recusation : or if there ha-
been mortal enmity between
tliem without reconciliation :
— 6. If he is the manager or
patron of any order, corpora-
tion, or community, which is
a party to the suit, or the
tutor, honorary tutor, subro-
gate -tutor, or curator, or
donee of either of the parties :
i 7. If he has anv interest in
I favoring either of the parties.
I 177. A judge isdiiqualified
' If he is interested in the suit,
either personally, or on ac-
count of his wife, or if hi?
wife, when separated from
him as to property, is interest-
ed in the suit.
178. A judge who is liablo
to be recused cannot refuse
to sit in the case until after
he has declared the ground?
of recusation that maybe in-
voked against him and th(
court has ordered that hf
should not sit.
179. Any judge who i-
aware of a ground of recusa-
tion to which he is liable, i-
bound, without waiting unti!
it is invoked, to make a writ-
ten declaration of it to be
filed in the record.
180. Any party to a sui;
who is aware of a ground o'
recusation against a judge, i-
bound to make i t known a-
soon as it comes to his know-
ledge.
181. After the declaration
of the judge or of one of th-
parties, the party desirous o:
C I, TIT. I.
•pftts ncainst ono
L's since tliP l)opin-
u suit, or within
I previous to tlv
; or if there ha-;
,1 enmity lietwceri
)ut reconciliation :
is the manaper r>r
,ny order, oorpora-
mniunity. which is
» the pnit, or the
)rary tutor, subro-
'. or curator, or
ther of the parties :
has anv interest iti
itlier of the partie?.
udpe is disqualified
prested in the suit,
sonally, or on ac-
his wife, or if hi?
in separated from
roperty, isinterest-
uit.
judpe who is liablo
ised cannot refusi'
he case until after
Glared the ground?
ion that may be in-
ainst him and the
I ordered that hf
t sit.
ny judfre who '\'
% ground of recusn-
hich he is liable, i-
thout waitinprunti:
ced, to make a writ-
iration of it to be
le record.
\.ny party to a sni'
vnre of a fjround o:
n against a judge, i-
niake it known a;
:, comes to his know-
fter the declaration
dge or of one of tli*
he party desirous o
niAl'. IV, OK INCIDKNTrt.
31
recusmg the iudpe is bound forthwith transmitted to such
to do so witliin eiv'lit tlays place bv the prothonotnrv.
tioni the service of such de- 1«g. 'it tiie recusing jmrtv
ciaration ; after which he lias no written proof in sun'-
caniiotdoso, uniessthccourt. , port of his recusation, the
for sutiicieni reasons, has ex- ludge's dedanif
tended the dolav.
1011 is c(tn-
18'.
elusive, and the recusing
If ni) declaration as party cannot produ
fthove mentioned, has been , test
iiuonv, nor even oijtui
made, tlie judge may be re- delay to produ
ce oral
n
<Mised at anv sta
3| case before judgnii-iit, upon
J the alHdavit'of the party that
* the grounds of recusation
have otilv recently come to
iiis knowledge.
183. A recusation is jiro-
posed by means of a ))etition
icontaiiiiug the groundsthere-
;of, and it must be signed by
[the party himself or l)y his
attfuney under a special
power. — If the party is ab-
sent from the province, his
Jittorney ad li(em may, with-
.^^out special ]»ower, i\gn the
,^jtetition asking that the judge
V"do abstain fr<»m sitting.
1184. When the recusation
is made before the judge has
made his declaration, com-
•,jminiciition of it must ))e
^'iven to hini, and he must
."declare in writing whether
•the grounds are true or not ;
i^mother judge then proceeds^
no deterniiue whether the re- j
;iisation is founded or not, :
without the recused judge
Slaving a right to be present.
185. If the rei.'usation is
.roposod .igninst the sole
udge residing in a district, :
it is carried to the chief-place
Df a neighboring district,
designated by the judge who
Is recused, and the record is
ge of the evidence.
ce written
187. If the recusation is
maintained, the judge can-
not, for any cause or under
any prete.xt whatever, be
J)re3ent in court during the
hearing of the case or the
rendering of the judgment.
188. If the recusation has
been carried l)efore a court of
another district and is main-
tained, such court remains
seized of the case, and the
record for that period forms
part of its records.
18'J. I5ut if the recusation
is dismissed, the case is sent
Inick to tlie former judge, to
be by him tried and deter-
mined.
190. A party who has a
right to recuse a judge may
renounce his right, by filing
a written consent that the
judge should hear and decide
the case, exce[)t in the case
mentioned in article 177.
191. In such case, however,
as also when the party fails
to recuse, the judge is not
bound to sit, unless the
grounds of recusation have
beeu declared insufficient.
32
OODK OF IMSOCLDURK, TAUT il, liOOK I, TIT. r.
SECTIOX V.
OV DlSAVOWAt,.
193. Any party may dis-
avow his attorney ad litem
"ttho Iia.^ excectliMi lii- powor.s.
He may also disiivow an at-
torney whom lie lias not em-
i)loyed ; witliontiirojudice to
liis riijlits if he docs not do so.
103. A disavowal may
take i)laee dtiriii(^ ilie suit or
after jndi^'nicnt. — The latter
kind is mentioned in the
cha])ter on petitions in revo-
cation of judgment.
1»4. A di.:fav()wal can only
be made hy ilie party himself
or his attorney under a s])e-
cial })ower, and the jiarty
himself must drcdiire that he
did not authorize the act of
procedure wiiieh he repu-
diates.
1S).">. Disavowal is made by
filinu; a declaration, in the
office of the prothonotiiry of
the court before wliich the
case is pending, that the
pai'ty disavows the act in
question, as never having
authorized the same.
190. The jiarty tlisavowing
is bound to proceed without
delay to have the disavowal
declared valid, and this is
done by a petition served up-
on both the attorney or his
heirs, and the ojjposite party.
197. After notice of the
disavowal has been given,
oil proceedings in the princi-
pal action are stayed.
198. The jirocedure upon
the disavowal is the same as
in ordinary suits.
199. If the disavowal is
maintained, theacts disavow-
ed are annulled, .and the
parties are jdaceti in the same
position as they were in at
the time that the acts we.x
done.
SECTIOX VI.
OK CIIANOK OK ATTOR.MCV.S.
'^00. If the case has no'
been heard uitoii the merits,
all proceedings had or judg-
ments rendered since the
death of tile attorney of oii'
of the ])artie3, or when suci
attorney can no longer act.
(»r has withdrawn, are null,
unless such ])arty lias ai>-
peared in person, or appoint -
ed another attorney, or afte
being called u])on to do so.
has made default.
301. An attorney who de-
sires, of his own accord, t'
cease representing a party,
must give notice to sue!
party and to the opposit
party.
3()3. If the attorney of oiv
of the parties ceases to actii
such, either in consequence
of lieing appointetl to a pul -
; lie office incompatible witi,
his profession, or of siispen-
I sion or death, tlie opposit
I p.irtywhen represented by it
j attorney at law, is suHicient-
I ly informed without furtlu
notice.
30o. When one of the pa;-
' ties ceases to be representeu
: before the case is submittdi
I to the consideration of tin
I court, the opposite part;.
"Sb
riK I, TIT. I.
;' tlio disavowal i.-;
:;(1, tlieacts disavow-
iiuiiuUcd, and lln-
idaced in the sauu:
as they were in at
that tlie acts weix
ACTION" YI.
,(;k ok attornkys.
f the case has no'
d upon the merits,
'dinijj.s had or judf;-
endered since thi
tiie attorney of oiir
rties, or when siiei
can no Ioniser act .
ithdrawn, are null,
icii ])arty lias ap-
lierson, or appoint -
.'r attorney, or af'te.
led ui)on to do so.
default.
in attorney who de-
his own accord, t-
)re3enting a party.
VQ notice to sue!
d to the opposit'
' the attorney of onr
rtics ceases to act a~
her in consequencij
a])pointed to a pnb-
incompatihle "withli
5sion, or of suspen- f
death, tlie oi)posit" M
en represented by ai; 4^
at law, is suHicieni- a
led without furthc:
riicu one of the par- ^
•s to be representeii "
le case is subniittcii
onsideration of tin 1
lie opposite part}
CHAP. V, OK AnTICUr.ATIO.NS OF JACTS.
3.-5
: vnu^t notify him to appoint
ft allot her attorney.
304. If thede(iendantt]lero-
^ upon fails to appoint anotlier
attorney or to aii[)ear in per-
son, the plaintiff may pro-
ceed with the suit rx' fxtrte.
If the plaintiff is the party
thus in default he may be
iion-.suited.
■^(»."i. A ])arty's revocation
<'f tile powers of his attorney
will iKjt lie received unless he
pays him his fees and dis-
bursements, taxed after hear-
ing- or notice given to the
party.
'JOG. A party who revokes
the powers of his attorney
must immediately appoin't
^lUdther. without being noti-
fi''d to that effect by the op- j
posite party, and in default
ot his doing so the case may
be i)r()ceeded with as provid-
ed in article 204. '
CHAPTER V.
<il' ARTICILATIONS OK KACTS.
, 307. Within two davs after
[the issues are perfected ac-
Icording to the prescribed
Iriilcs, each party is bouutl to
pie ni the jirothonotary's '
[office an articulation of the
jtacts which he has alleged
land intends to prove, if the
[opposite party has not ad-
jinitted tiiem in his pleadings. :
■ 308. This articulation °of
pacts must consist of separate I
and distinct articles upon ■
oach fact, numbered in regu- '
lar order.-The articles must
De in the form of interroo-a-
tories, clear and explicit, so
: as to call for an admission or
1} denial, and so lliat the de-
fault to answer them will es-
taldish an admission of the
tacts.
' 309. The articulation of
facts must be served upon
■ the opposite party within the
I same delay of two days.
I 310. Any document or
writing of which a i)arty in-
tends to mail liimself at tlie
proof, must be filed Avith the
articulation of facts, if it has
not been fih'tl sooner.
311. Within the three davs
wnich follow the tiling of
any articulation of facts the
opposite jKirty is bound to
answer each article separate-
ly and categorically, admit-
ting or denying each fact ar-
ticulated, or declaiing it not
to be witiiin his knowledge.
— After this delay of three
days, the party who has fail-
ed to answer cannot be reliev-
ed from his default, except
■. upon application made to the
court or judge,- and npon
payment of the coats occa-
sioned !)y such default and
taxed by the judge.
313. The facts set forth in
any articulation of facts are
held to be proved :— 1. If the
opposite party docs not ans-
wer it within the proper de-
Iny ;— - 2. If the opposite party
does not deny them in an ex*^-
pross manner, nr docs not de-
clare that they are not with-
in his knowledge.
813. ff a document not
produced with or before the
articulation of facts, is after-
34
CODE OF PROCEDURE, PART II, BOOK I, TIT. I.
wards filed in evidence by a
party who should have filed
it sooner, the costs resultinj?
tlierefrom mnst be borne by
such party, whatever ma}- be
the issue of the suit.
814. if a fact denied in an
answer to an articulation of
facts is afterwards proved, the
party who denied it must pav
the costs incurred by sucli
proof, whatever may be the
issue of the suit. — A party
who declared that a fact is
not within his knoAvlcdge
may also be condemned to
pay the costs incurred in
proving it, if the court is of
opinion that he must have
had knowledge of it
315. A party who has ne-
glected to tile iiis articulation
of facts, or who has decdared
that he had no evidence to
adduce and afterwards ad-
duces evidence, must bear
the costs occasioned there-
by. — The same rule applies if
he proves any fact not men-
tioned in his articulations,
whatever may be the result
of the trial.
816. If the court is of opi-
nion that the opposite party
has been taken by surprise
by the addition of evidence
as mentioned in the preced-
ing article, it may jjostpone
the proof or trial, or make
such order, or impose such
terms on the party in fault as
it deemp- just,
317. The articulation of
facts may, with the consent
in writing of all tiie parties,
be dispensed with ; and in
such ease every nlU'juration of
facts by one party, which the
other party in his pleadings
has not denied or declared
not to be within his knowl-
edge, is held to be admitted,
and the court may awiird the
costs of such proof, accord-
ing to its discretion.
318. In the case of articles
213, 214 and 215, the party
who desires to be paid such
costs must make a special
application for tliat purpose,
at the time of the hearing on
the merits, and accompany
his application with a state-
ment of ttie facts be has been
obliged to prove, and of his
costs of i)roof.
319. In rendering judg-
ment upon the merits, the
court also adjudicates upon
the application for such costs .
CHAPTER VI.
OF TRIAL.
SECTION I.
PRELIMINARY PROVISION.
330. After the expiration
of the three days allowed to
answer the articulation of
facts, cases may be tried, ac-
cording to circumstances,
either by evidence taken be-
fore the court or by a jury.
SECTION II.
OF INTERROGATORIES UPON
ARTICULATED FACTS.
331. The parties may be
examined upon articulated
CHAP. VI, OF TRIAL.
35
e party, wliich the
in his pleadings
nied or docIart»d
I'ithin Ills knovvl-
d to be admitted,
lit may award tlie
oh proof, accord-
iscretion.
,he case of articles
id 215, the party
i to be paid such
, make a special
for that purpose,
of the heariug on
and accompany
tion with a state-
I facts he has been
prove, and of liis
lOf
rendering judg-
the merits, the
adjudicates upon
;ion for such costs.
er the expiration
days allowed to
e articulation of
may be tried, ac-
) circumstances,
adence taken be-
irt or by a jury.
:TI0N II.
OGATOBIES UPON
LATED FACTS.
e parties may be
upon articulated
facts pertinent to the issues,
as soon as the pleas are
tiled, upon the facts in issue
as then joined, (/i'. .V. Q
art. 5873).
;J22. Parties are summoned
to answer interrogatories up-
on articulated facts, by means
of a process issued in the
name of the sovereign by the
prothonotary, upon a written
requisition to that effect, and
ordering the party to appear
before the court, or the pro-
thonotary, to answer the in-
terrogatories to be put to
him.
a*^3. Tlie order to answer
upon articulated facts is serv-
ed uj)on the person or at the
domicile of the party, and
not upon his attorney, unless
sucJ] pariy is absent or abs-
conding : and a copy, both
of the order and of the inter-
rogatories, must be left with
him. — If the party is absent,
the attorney who has been
served, may apply to have '
delay given him to appear, '
or, upon indicating the place j
where such j)arty then is, to :
have him examined under a j
commission.
334 . A party summoned to I
answr interrogatories upon
articulated facts must appear
in person at the prothono-
tiry's office, in order to give
his answers after being pre-
viously sworn.— 2. Xeverthe-
loas, if the party be a cor-
poration or legafly recogniz-
ed body or community, it
must, by special resolution,
name an attorney to answer
jin its place, aud specifv the
answer he must give and
swear to as being that which
such corporation intends to
give.— 3. When the service is
made upon an incorporated
company, the answers mav
also he given by the president
manager, secretary, treasurer,
or any other officer or em-
I ployee of the companv, if he
holds a general authorization
tor that purpose. — 4. When
such service is made upon a
foreign corporation carrying
on business in this province^,
answers may also be given
by the person Avho is at the
time entrusted with carrving
on the aff'airs of the compa-
ny, whatever be Ins designa-
tion or official title; but such
answers may also be given
by any iierson previously
authorized by a special reso-
lution of the board of direc-
tors of such foreign corpora-
; tion, to ai)pear and answer
\ for it the interrogatories that
may be served upon it. — 5.
The answer so given are as
binding upon the company,
as if they had been given
under a special resolution of
the companv passed after the
service of the rule and inter-
rogatories upon articulated
facts, (/e. .*?. r^.,art. .5874).
335. If the party served
with the rule fail to "attend or
to answer the (juestions put
to him, a default is recorded
against hiui and tlie facts may
be held to be admitted.— The
party who thus makes default
may, however, answer the in-
terrogatories afterwards, be-
fore the hearing of the case.
36
(•()r)K 01' PltOCKOUIlE, I'AIIT II, HOOK I, TIT. I.
Ii!
m i
h
liifi
i*i
l)ut Ii(! must bear wliutevor
coiti are ocfasioiu'd Ijy liis
dctaiilt. — ff any dispute
arises as to tlie pertiueuey
of the interruf^atories, it is
settled at once by the judge,
when tl:. answers are taken
by tlie judge ; otherAvise the
parties iiuist go before tiie
court ill order to have it de-
cided.
aao. A party may also be
sumnioned to answer viva
roci', in oj)en
court, or at
proof sittings, or before a
jury ; and his answers are
then tahon down liy the jud-
ge or th " ])iothonotary ; "and
the judge may put any other
interrogatorit.'S he may deem
necessary and jjertinenl. If
the party refuses to answer
such interrogatories, the jud-
ge causes them to be wri'tt^Mi
out and placed in tiic record,
and they are held to be ad-
mitted. '
'ri2T. The interrogatories
must be drawn up in a clear
and precise form, in such a
manner that the absence of
an answer siiall be an ad-
mission of the fact sought to
be proved.
_2»8. The answers must be
direct to the question, catego-
rical and precise, and free from
injurious or libellous terms.
22'.). Every answer which
is not direct, categorical and
precise, may be rejected, and
the facts mentioned in the
interrogatory declared and.
held to be proved. j
230. The i)arty Avho ap- 1
plied for the interrogatories!
upon articulated facts may I
refrain from putting them, or
may. .atter they .ire answered,
declare that he does not in-
tend to avail himself of tlu;
answers ; and upon his so
refraining, or upon such de-
claratiDii being made, the
court cannot take cognizance
of the answers, which are
thereupon 'udd not to have
been given.
331. The answer of any
party to a (piostion j)ut to
liim may be divided iii the
folluwiiig oases, according to
circumstiinces and the dis-
cretion of the rourt : — 1.
When it contains facts which
are foreign to te issue ; —
2. AVhen Uie part of tlie an-
swer objected to is improba-
ble or invalidated l)y indica-
tions of fraud or of bad faith,
or l)y contrary evidence ; —
3. When the facts contained
in the answers have no con-
nectioii with each other.
333. The expense of inter-
rogatories upon articulated
facts forms part of the cost.s
in the case and is sulyect to
the provisions of article 478.
(A'. .S. (J., art. r.87.0).
333 Any {)arty on being
served with a rule to answer
interrogatories upon articu-
lated facts, may demand the
necessary funds to pay hi.--
trayelliiigexi)enscs: but when
he is before the court he can-
not claim to be paid before
he is sworn or liefore ansAver-
ing.— He has a right to have
his expenses taxed, and such |
taxation may be enforc"d liy
execution against the oppo-
site party.
■■■33*.
OK I, TfT. I.
3111 ]>uttirig thorn, o
Hit he (h)os not in
vail Iiirnself of tin
and noon his S(
CllAI'. VI, OF TUIAI,.
3?
SI-CTIO.V III.
OK Pijoors.
or npou such do- M ^ ^'-^^ mscripUon /or proof.
bein.s?' made, tlie
lot take cojrnizancc
iswers, wliicii arc
hfld not to havi-
11.
le answer of any
a (inestiou put to
be (liviih'd in thi'
ca.se^, according to
nces and the dis-
^ tlie court : — 1.
jntains facts wliich
x,n to te issue ; —
!ie part of the an-
:ti'd to is improba-
alidated by indica-
iiiid or of bad faith,
itrary evidence ; —
he facts contained
wers have no con-
itli eacli other,
le expense of intei-
upoii articulated
s part of the cost.'^
i and is subject to
ions of article 478.
art, .5875).
ly party on bein^^
h a rule to answer
:)rics upon articu-
, may demand the
funds to pay his
.expenses; but when
e the court he can-
to be paid before
II or before answer-
las a right to have
es taxed, and sucii
lay be enforr"d by
against the oppo'-
'ZM. When the caso is not
to be tried by a jury, either
of the })arties may inscribe it
upon the roll for" the lulduc-
tion of evidence.— It iMiiiiot,
however, be so inscribed Ik-
fore the expiration of tiie
tiiree days allowed for filing
answeis to the articulations
of facts of the j)arties. — |i'
there be no a.'ticnbition of
lacts and the case is sus-
ceptible of trial by jury, the
insciiption cannot tuke'plac,.
until live days after issue!
joined.
_ 23.-». Notice of the inscrip- i
tlon must be given to the i
opposite party, at least eigjit I
days betbre tliat tixed tor the i
proof. I
«3G. The evidence is taken !
down in writing, either at i
length or in notes, according '
to the provisions contained '
in this section.
337. For the ]mrpose of
such inscriptions, the protljo-
notary must keep a roll on
which the cases set down for
proof are inscribed.
«38. Saving the exceptions
liereinnfter mentioned, in
each district of the province,
the judge may, from time to:
time, by a rule of practice i
proiiiulgated in ojten court, i
set apart such days in or out !
ot term as may be deeineil eon- !
veil lent for proceeding to '
liu-oof. (A'. ^'. C^>.,art. 5870). I
•438a. In tiie districts of
Montreal, Three-Rivers, St.
Francis, and St. Ilvacintlie,
every juridical dav is a day
I tor proof sittings.'— In the
j districts of Three-Rivers, St
Francis and St. Ilvacintlie,
! however, and in {he other
I districts to which this article
' may be made apidicable by
! proclamation of the Lieute-
! nant-Governor. the superior
I couit cannot sit iluring the
i days fixed for the terms of
I the circuit court of the dis-
trict. (/,/.).
I 3386. Ill the district of
i Quebec, except the first five
;uri(liciil days, the five juri-
dical days following the fif-
tccnih, and the last four juri-
dical days of each month, i'll
.lui'idical^ days are days in
which the superior court is
hehl tor |)roof sittings. {Id.).
338c. In the di.strict of Ot-
tawa, with the ex;-eption of
the days upon which the
terms (jf the superior and cir-
<M_iit courts are held, all juri-
dical days are davs for proof
sittings. (/,/.).
33{). In default cases, and
also by consent of the parties
or of their ailvocates, in con-
tested cases, depositions of
witnesses may be taken at
any stage of the proceedings,
at any place, on any juridi-
cal day, in or out of term,
and may, after being so
taken, be sworn to before a
commissioner of the superior
court. (/,/.).
340. Ill jiny case wherein
it is established upon oath
that a witness is about to
38
CODE OK PnoCEDURE, I'AIIT II, HOOK I, TIT. I.
!
m
flepftrt from Lower Canada,
and that tiierehy one of the
parties may be 'deprived of
Bis testimony, one of the
judges of tlie court may, at
any stag^e of the proceedings
after service of summons,
receive the dejjosition of sucli
witness, in presence of, or
after due notice to the par-
ties ; and such deposition has
the same effect as if it were
taken at proof. The same
thing may be done, after is-
sue joined, in cases of evid-
ent necessity, when it is
established upon oath that
the_Avitncs3 is prevented, by
serious illness or infirmity,
from attending before the
court. If the witness is still
alive and in the province, and
his attendance can be pro-
cured, at the time of the proof
being taken, he must be exa-
mined anew in the ordinary
time and manner, if it be re-
quired by either party.
341. The court or judge
may, if deemed advisable,
and without any commission
or other formality, order the
Ijroof to be taken, or any
I^erson, even if he be a party,
to be examined either under
the decisory oath, or upon
articulated facts, or other-
Avise, at any place where sit-
tings of the superior court
or of the circuit court are
held, before any judge at such
place. And in such cases
after the record has been four
<lay3 in the hands of the pro-
thonotary, or clerk, at the
place to which it has been
sent, the parties may pro-
ceed as if the case wore there
I)ending.
243. A copy of such order
is transmitted' to the protho-
notary or the clerk of the
court at the place mentioned,
together with such part of
the record as may be neces-
sary ; and the prothonotary
or clerk may thereupon take
the necessary proceedings
to compel the witnesses of
the parties to appear at the
place named on an^- proot
day, or any day, fixed uy the
judge, on which a judge will
be present at such place, and
in the cases of this and of the
preceding article the rules
contained in articles 248, 249,
};nd 480 apply.
343. Any party may, either
in his declaration or in any
other i)leading, or by a no-
tice served upon the opposite
party, declare his option that
the case shall be inscribed at
the same lime for proof and
for final hearing immediately
after proof: and in such case
the cause cannot afterwards
be inscribed otherwise. — 2.
Except in the districts of
Montreal and Quebec, days for
proof and hearing are fixetl
or changed by rule of prac-
tice made and promulgated
in each district by the judge
then holding the court, and
the days so fixed may be day?:
in term or for proof sittings.
— If such days have not been
fixed by the judge, the in-
scription for proof and heal-
ing may be for any day i
term or of proof sittings, ex-
cept in the districts of Three
"!»
• K I, TIT. I.
the case wore there
copy of suoh order
tted to tlie j)rotl)o-
• the clerk of the
le i)h\cenieiitioned,
with sucli part of
1 Jis may he neces-
. tlie protlionotary
lay thereui)on take
ssary proceedings
I tiie witnesses of
s to appear at the
ned on anv prool
y day, fixeii i)y the
which a judge will
at such place, and
53 of this and of the
article the rule.-
in articles 248, 249,
3ply.
y party may, either
laration or in any
ding, or by a no-
l upon the opposite
lare his option that
lall be inscribed at
Lime for proof and
taring immediatel}'
': and in such case
cannot afterwards
ed otherwise. — 2.
I the districts of
ud Quebec, days for
hearing are fixed
i by rule of prac-
and promulgated
itrict by the judge
ng the court, and
) fixed may be days
for proof sittings.
lays have not been
;he judge, the in-
ar proof and hear-
)e for any day in !
proof sittings, ex- |
districts of Three
CHAP. VI, OF ti!;al.
30
V Hivers, St. Francis and St.
Hyacinthe in which special
day.-; must be fixed by the
judge. — In the di.strict of
Montreal every juridical dav
i.-^ a ilay for proof and hear-
ing.— In the district of Que-
bec, all days of proof sittings
.".re equally days for proof
and hearing.— 3 Thedavsset
iipart for proof and hearing
in term or during proof sit'^
tings are deemed to be conse-
cutive; and, except in the
district of Quebec if any
fase commenced upon one of
.='uch days is not completed
on that day, it may be ad-
journed to any other dav
thus set apart, and judgment
rendered on that dav. — In
the district of Quebec, if on
tiie termination of the days
fixed for proof and hearing,
u ca.se inscribed in that man-
ner is proceeding, such case
i.s continued de die in diem.
—4. In all the districts, except
that of Quebec, cases inscrib-
ed for proof and hearing have
precedence, on days appoint-
ed for that purpose, over
those inscribed otherwi.se and
fixed for such days.-5. Except
in the district of Montreal
the cases inscribed for proof
andhearingat the same time,
in the superior court, and
those inscribed in the circuit i
court, cannot be inscribed I
except during the days iTow j
fixed or which m.iy hereafter i
be fixed, according to lav.-, I
as days for the sittings in >
each of these courts respec- i
tively. m. S. Q., art. 5877.). i
§ 2.— Of summoniiiff icil-
344. Witnes.ses, if they do
not appear voluntarilv, are
summoned at the in.stance
and diligence of the party
requiring their attendance,
by means of a writ of .vib-
P'rna, a copv of which is
fr^erved upon them one clear
day at least before th.nt fixed
for their examination, the de-
lay being increased at the
rate of one day for every ad-
ditional five leagues, when
the distance exceeds five
leagues.
845. Witnesses may be
summoned either to declare
what they know, or to pro-
duce some document in their
possession, or to do both.
34G. Any person residing
in Upper Canada may be
compelled to appear as a wit-
; ness, if the court or judge
' deems it necessary; provided
an action for the' same cause
be not pending in Upper
Canada.
I 847. The Avitness in the
case mentioned in the pre-
ceding article cannot be sum-
mrned without a special or-
der granted by the court or
judge, if deemed necessary,
and such order must be men-
tioned upon the subpa?na.
848. Subpoenas are served
in the province by the sheriff
or a builiflr of the district in
which the witness then is,
or according to thn provi-
sions of article 4G1, and in
the province of Ontario bv
any person whatever, wha
40
COOK nv vnocFA>vny., pa,.,' u, nooK /, rrr. r.
I
ii^'if
must return an am.lavit. of
»^5jy-vico. (/... .V. ,,., ,U..
-4J>. Any witness, (inly
suinmuned,who,\vitliont8ui-
Jcient can.se, fails to atten.i
at the place -md time an,
pointed, ,nay, npon a ,„le
served „po„ i,i,„^ i,^. ,,,,,j.
<lenined In- the court or the
Ji'dge presiding at the proof
fittinp, toalinenotexcecd-
'n^ forty dollars, to he re-
•■overed, for the nse of the
^'•own, in the same manner
as any other snm awarded bv
.I'Jdgincnt. independently of
•■my rescourse the party who
sunnnoned him may have for
damaged caused l/y such de- '
mult, and of imprisonment
iof contempt, if ,t lie: pi,)-,
^Hled that at the time he was:
served with the snbp;i^na a i
siKhcient sum was tendered
Inm for travellino- expenses,
^t the rate usually allowed
by the court of his domicile.
— ff the ])erson summoned to
fippear as a witness resiiles
'n Upper Canada, he can
only be punished for his de-
fault by the court within
whose jurisdiction he resides,
"pon a certificate transmit-
ted by the former court of his
<iefault to appear according
to the foregoing provisions ;
830. Any person who is i
present ni the room in which
the proof is being taken m>\\ ■
pe examined as a witness, and I
IS bound to answer, unde'- '
the same penalties as if he '
had been regularly snmmon-
351. Any party to a suit
may be subpciniaod, examin-
ed, cross-examined.. and treat-
ed as any other witness: but
lis evidence cannot avail
, hnnself; the adverse party
I may however declare, before
h« closes his proof, that he
does not intend to avail him-
I self of his testimony, and in
such case it is deemed not to
have been given.— The an-
swers given by a party thus
I'xanuned as a witness may
'<.y used as a commencement
of proot in writing.
■i'>hi. The parties ma v. as
soon as the pleas are filJcl be
examined as witnesses upon
I the facts in issue as then
joined. (/,'. X. ^_>., ,i,.t. 537,,)_
'i>;i. RelatKMHhip, or con-
nection by mariage, except
; that between c )nsorts, and
! interest, are not objections to
lie competency of a witness,
but only to bis credibility.-l
•Nevertheless if consorts' are
separated as to pror)ertv, and
one of them, as agent, has
iidministered pro[)erty be-
, '"'lining to the other, the con-
I sort who has so administered
' may be examined as a wit-
, ness 111 relation to any fact
I connected with such adminis-
jtration: provided the court
lor judge shall, in view ot the
1 ciieumstances of the case
! deem it just and advisable
to order such examination.—
Whenever such examination
is allowed,itslialI be as unres-
tricted as would have been
that of the other consort,
whether as regards the ad-
missibility of verbal evidence
or otherwise.— Upon the im-
ssssai
iiK I, TIT. I.
iibpcriiaod, cxaniin-
L'X.imiiied/iiiKl tivat-
■ ollior witiK'ss : but
inre cjiniiot avail
tlie adverse party
i'\'or declai'c. befcnr
Ills proof, that he
ntoiid to aviiil hini-
testiuioriy, and in
It is dt'cnicd not to
1 given.— The an-
en by a party thus
ns a wilne^s may
i M foininenceraen'r
1 writiuLT-
lie |)artie.s ma v. as
e pleas are fi|j(i bo
UH witnesses upon
^111 issne as then
;•>'• ^.''m art. 5871)).
lation^hip, or con-
f mariage, except
Jen onsorts, and
e not objections to
t'ucy of a witness,
' l.'is credibility.
53 if consorts' are
■s to proiHTtv, and
11, as agent, has
"1 property be-
;ne other, the con-
is so administered
imined as a wit-
ition to any tact
'ithsucha(huinis-
)vidod the court
ill, in view ot the
es of the case,
!t and advisable
h examination. —
iK'h examination
shall beasnnres-
oiild have been
other consort,
regards the ad-
' verbal evidence
—Upon the im-
cnw VI, or timal.
htrobation of an anthetitic
[deed, the testimony of tiie
notarie.^, attesting witnesses
[or other functionaries who
i witnessed the deed, may be
" received. {Id., art. 5880)";
'-i'jS. If the person to I)e
siiniinoned as a witness is in
prison, the party reqniring
turn may. upon petition, ob"
tain A writ of Italiiun^ oi-ih/s
//./ trsiijicantliiin, ordeiinir i|„.
'.i.iojer to briuf,' him l)efore
the court to give his evidence.
v^ ?,.—()/ the examinatiun of
icituensi'S.
'ir>\. Any party raav de-
mand that duiingthe exami-
nation of any witness, tlie
other witnesses should i)e
out of the room in which the
examination is taken.
35.5. Before the deposition
of a witness can l)e taken, he
must swear before the judge
or the ])rotlionotary to tell
the truth, or, in the'case of a
Quaker, the word '' .-iwear "
is replaced bv the words
solemnly, sincerely, and
truly (ieclare and affirm."
ar.c. The form of oath and
the manner of taking it may
.a '• ■'■ ' according to the
41
be Change!
^religious creed of the wit-
ness, in such a manner, how-
lever, as to bind him to de-
clare nothing but the truth.
257. Any witness refusing
to take the oath or uffiniu-
I tion IS deemed to refuiie to
give evidence.
258. A witness who is
j r''c^ent cannot refuse to give
evidence, under pretext that
the necessary amount to de-
ray his travelling expenses
has not been paid to him.
«.-.!>. liefoi-e the witness is
admitted to be sworn ho may
be examined by either of the
parties as to his religiou.s
belief ; and he cannot make
the oath or the affirmation,
nor give evidence, if he does
not believe in God, and in a
state of rewanls and punish-
ments after death.
2(;o. No person can be a
Witness who does not know
the importance of an oath, or
wiio is not in the exercise of
Ins mental faculties.
2<;i. Deaf mutes, who can
read and write, may be ad-
mitted as witnesses, their
oath or affirmation and their
answers being written down
by themselves.
3«'i. No bailiff who has
served the writ of summons
, 111 any suit or action can be
a witness in support of the
plaintiff's demand, except in
; respect of such service.
§ i. — O/pron/ti taken by a
Judge.
_3G3. Saving the provisions
of article 239, the witnesses
in contested cases, arc exa-
mined in presence of a judge,
the opposite party being
either present or dulv noti-
fie
and the judge niay ask , S
tne witnesses any questions
he may deem necessary. He
takes down, or causes to be
taken down in writing, un-
der his direction, notes of
the material parts of the evi-
42
CODE OF I'nocKnrnE, taut m, ho(1k i, tit. i.
denco, und of nil ol).jections
insisted upon by either of the
ymrtics, and of his decision
thereupon. The judge inay
order as many oases to pro-
ceed before him at the same
tini", as in his discretion he
deems expedient. {R. S. Q.,
art. 5881).
364. The notes of evidence
are read, and if necessary,
explained to the "witness,
who may make the neces-
sary additions or alterations
in order to express correctly
the material parts of his evi-
dence, they are then signed
by him, if he can write, if
not, that fact is mentioned ;
they are finally signed by
the judge or by the protho-
notary, and constitute and
are held to be the evidence
ofthewitness.(7f/.,art.5882).
365. Repealed. \Id., art.
5883).
366. The judge takes down,
or causes the prothonotary
to take down, notes of ail
admissions made verbally by
the parties ; and such notes,
signed by the judge, make
proof in the sanie manner as
if they were signed by the
parties. ;
367. The witness must first
be asked and must declare
his
names, surname, age,
quality or occupation, and
domicile.
368. The opposite party
may establish, by a prelimin-
ary examination' of any wit-
ness, or in any other manner,
whatever grou'ids he may
have for objecting to such
witness.
369. A partj- cannot ini-
I)each the credit of a witness
l)roduced by himseh, but In
may prove by others the con-
ira'ry of what such witnes-
has stated, or, by leave ci
the judge, he may prove that
at otiier times he has matie a
statement inconsistent with
his present testimony ; pro-
vided, in the latter case, tin'
witness be first questioned
upon the subject.
370. Witnesses are exam-
ined by the party producinjf
them, or his counsel, but
only touching the facts in
issue ; and the questions
must not be leading, unless
the witness evidently at-
tempts to elude the question
or to favor the other party.
371. When a party ha-
ceased examining a witness
he has produced, the opposite
party may cross-examine
such witness in every shape
upon the facts referred to in
his examination in chief; oi
he may require an entry ti
be made of his declining ti
cross-examine.
373. A witness may be re-
examined by the party pro-
ducing him, when new fact-
have been elicited on the
cross-examination, or for tlir
purpose of explaining hi-
answers to the cross-ques-
tions.
373. When witnesses are
called to prove the ident'ty
of any object in the posses- 1
sion of one of the parties, the^
court or judge may order |
that the party shall, eithe; 1
in court or at any other con-
<5K I, TIT. I.
partj- cannot ini-
; credit of a witne.--
bv himsell, but In
e l)y others llie coii-
ubiit such witness
d, or. by leave ot"
:, he may prove that
times he has made ;i
t inconsistent with
nt testimony ; pro-
the latter case, thi'
be first questioneii
subject.
itnesses are exani-
lie party producing,'
his counsel, but
ching the facts in
nd the questions
be leading, unless
ess evidently at-
elude the question
ir the other party,
'hen a party ha?
amining a witness
)duced, the opposite
ay cross-examine
less in every shape
facts referred to in
nation in chief; or
eguire an entry to
of his declining to
nine,
witness may be re-
by the party pro-
m, when new fact;
n elicited on the
iiination, or for tin
of explaining hi:
to the cross-ques-
hen witnesses are
prove the ident't}
)ect in the posses-
e of the parties, the;
judge may order!
party shall, either
r at any other con-
'CHAl'. Vr, OK TIUAn.
n» iiinnt place or time, exhi-
I'll -^ncli object to tiie wit-
• sses thus called to give
. /ide'ico concerning it ; and
In default of his so exhibiting-
|he object, if will he held to
bave been identified. — The
,'^()urt may likewise onlerany
^jf'ifss who is in j)OHses'!ioh
tf any object whirli is the
ubjcct of the litigation, to
nxliice it, under the .same
penalties, in case of default.
Is for refusing to answer per-
linent questions.
374. A witness may ob- '
P<"t to answer questions put
lf> him, if his answering
lould expose him to a crini- i
jial prosecution. -This objec-
|on can only be made by the ,
Titness himself.
275. He cannot be com-
fp'led to declare what has
?n revealed to him confi-
eiitially in his professional
baracter as religious or leg-
adviser, or as an officer of
late where public policy is
pncerned.
N7C. A witness is bound
produce any document in
s possession touching the
latter in issue, and to alIo\^r |
loopy or extracts thereof to I
» taken, if it is a private'
riting; and such copies or '
^tracts, certified bv the pro-
lonotary, are entitled to the \
Ime credence as would be i
|ven to the originals.
l^ll :^">' ^'5t"ess, who,
Btnout valid reason, refuses
I answer or to produce do-
Iments or other things con-
|cted with the suit and in
possession, may be held
43
by coercive imprisonment to
do so.
«;!/*!" '^ ^V'tness cannot
^Mthdraw without the ner-
mi.^sion of the judge.
'^7J). [f the examination of
a witne.ss cannot be coniplet-
t'd on the day he appeari. he
;s bound to attend again on
tl'o next following juridical
I'ay, or on such other dav as
IS assigned to him bv'the
.jiidge which day is men-
iioned in the notes of his
, ev'dence or entered upon the
registers of the court, and in
default he is liable to the
Pame i)enalties as for refusing
' to attend upon the subp.-ena
. 380. It is the duty of the
.,1'idge to ask the witnesses if
they require taxation, and if
they do to tax their expenses,
wih due regard to the nature
ot the voyage and the dura-
tion of their .stay.
381. The taxation may be
enforced by execution against
the party who summoned the
witness, after the delay and
in the manner prescribed for
any judgment of the court.
And execution may be sued
[Out by the witness against
I the opposite party condem-
i ned to pay the expenses of
such witness, provided that
no execution has already been
^IV- ""i* V ^^'^ party who
obtained the judgment, or
that the amount allowed the
witness has not already been
paid to such party or his
attorney in virtue'of a duly
receipted bill of costs.
883. When one party has
closed his proof, the other
4
44
.|>E OK IMtOCKKURK, PART II, BO(.K I, TIT. I.
party may enUT upon his
couiiU'f-inonf, luul have his
witiieflrfes examined.
«83. If, on the day fixed
for proof, the party who is
bound to proceed tl(K'S not
proiluoe any witiiesHCH, or
give any vklid reason for j
their absence, hi.s proof may 1
be declared closed.
§ 8. — (Df proof If taken down
at liivjth.
884. Upon the consent in
•writing of all the parties to
a case, and subject to such
additional costs and fees as
may from time to time be
fixed by tariff, the proof may
be taken down in vritin,!? in
the manner hereinafter pro-
vided , either before a judge
or before the prothonotary,
who, in such case, may ex-
ercise all the powers of a
judge, except as to the objec-
tions which must be reserved
for the decision of the latter.
— If the judge is unable to
attend court on the day fixed
for taking ])roofs, the pro-
thonotary may preside over
them, and in such case he
exercises all the powers of
the judge, except as regards
•the objections made by either
party, which must be taken
down in wriiingand reserved
for the decision of the court
at the final hearing of the
case. — By consent of the p^.r-
ties or of their advocates,
however, all depositions of
witnesses may V>e taken at
*ny stage of tiie proceedings,
at any place, on any juridical
day, in or out of term, anil
may after being so taken, b'
.sworn to before a commis-
sioner ot the superior court.
{R. S. Q., art. r.8a4).
««rt. With the consent ct
the jiarties proofs rauv l)t
taken on any juridical day
during UMin or vacation, be-
fore the prollionotaiy, who
presides over thetn and acts
in the manner hereinbefore
provided with respect to
proof .sittings.— The evidence!
' of witnesses may also be
taken and sworn in accord- j
ance with tue last paragraph]
of the last jireceiling article.
(/(/., art. 5885).
asc.The court or judge
may assign the different
rooms wherein proofs may be j
taken in the court bouse.
2H7. The witnesses rausti
take the necessary oath ori
aHirniation before they artf
exainiiied, and the proihono-.
tary must make a note of tti«j
fact of their having done so.'
— In the -.."vseofi'ie last para-i
graph of articl* 284, the dc-l
positions are sw orn to beforf!
a commissioner of the su-f
perior court after they havJ
been taken {R. S. Q., art!
15886).
' 'J8H. The deposition of eacti
witness is written out at full
length by the prothonotar}T
or bv some person employed
■ by liim for that p*irpose e.x{
cept !!! the CAse of articlci
320a aud 3206, mentioned i^
article .'■»888 of the Revised
Statutes I if Quebec,and of tlij
last paragraph of article 28J
of this code.— At the commeDf
CHAP. VI, OK THIAL.
46.
out of term, and
bt'in}; bo taken, Ut
bftoM' a conunis-
:ie superior court,
art. r.8«4).
til the consent of
8 proofs nanv be
any juridical day
in or vacation, be-
irotlionotury, who
rer them hikI actsj
inner liereinbcfore
Willi respect toi
i<r8. — TliecTidencej
ses may also bi
.sworn in accord
tne last piuii{:rrapli|
jirecodiny article.!
i8H5).
• court or jud<:c.
ign the ditlereiit:
trein proofs may hat
he court house,
le witnesses raustf
necessary oath otj
a before they artj
, and the prothono-r
make a note of tlitj
Mr haviiHjf done so.j
aseof t'ne last para-f
article 284, the dej
are su orn to beforfl
isiouer of the su-f
irt after they bavij
n (/«;. S. Q., aitl
cement of the deposition
muHt be mentioiu'tl the name
of the person presidiujf over
the proof; the desij,'uation of
tile parties : the names, sur-
name, age, quality or occu-
pation and place of residence
oftlie witness; and the fact
of his being sworn. (A/., art.
5887).
•JSU. The deposition must
contain all that the witness
declares conci ruing the inat-
tt'r at issue bLiween the par-
ties, without omittiu}^ any of
the circumstances, and as
much as possible in the words
used by the witness ; unless,
upon objection by one of the ,
parties, the judge orders
I otherwise.
290. If the parties disagiee i
las to the pertinency of any
question or cross-question, it
must be written down in the i
Jbody of the deposition, either
jto be submitted for the deci- •
JBlon of the judjie or to guide
Itbe witness in his answer. I
291. The objections made i
jby the parties must likewise
Ibe inserted in the body of the
Ideposition, as well 'as the
|decision thereon, or any con-i
sent of the parties concern-
ing the same. j
293. The witnesses ure i
examined in the manner pro- '
[Nided in § 3 of this section.
293. When the deposition ;
3f a witness is concluded, it
Is read to or bv him. lie is '
asked to declare Avhether it |
contains the truth, whether'
be persists therein, and '
*'hether he knows anything
further, and he must sign it. !
If he (launot sign, that fact
is mentioned, as well as the
reailiii;.' of thu deposi.ion.
294. If the witneis adds
to, strikes out, or al urs any
portion of bis deposition, the
changed munt be inseried ia
the argiu or at the end, be-
fore the closing and acknowl-
edgment t>f the deposition.
■49.'>. N'o credence is given
to unuulhL'Ulicaled margiual
notes, nor to words written
up(jn others, nor to interliae-
aiions. The number of words
struck out ana of marginal
uoU's must be mentioned in
the jurat.
29G. At tne examination
of each witness, either the
parties or their attorncv-! or
counsel must be eiii or
have been duly ., d. The
other witnesses cannot be
I present if eiilicr of the parties
object.
\ 297. Articles 2.">a, 2G0 and
: 2G1 apply likewise to proofa
I written d.wn at length.
298. Wiien one of the par-
ties has closed his proof, the
oth.r party may proceed with
his couuter-proof and have a
subsequeut day fixed for that
purpose; a sufficient delay
being allowed to summon
liis witnesses.
299. If ou the day fixed
for his proofa party fails to
appear or to produce wit-
nesses, and furnishes no valid
— ..,,... iLrt iiieu aosfwcc, or
for not proceeding, his proof
may b^' declared closed, and
the opposite party may, if he
thmks proper, have a day
fixed for his own proof.
ir
46
CODE OF PROCEDURE, PART II, HOOK I, TIT. I.
§G.-
■0/ proof's before exa-
minen.
300. The court may ap-
point a competent person as
an examiner to take the proof,
when, by reason of the na-
ture of the dispute, or the
number and distance of the
witnesses to be examined, or
the intricacy or multiplicity
of the facts to be proved, or
any other sufficient cause, it
is shown to the court, by any
of the parties concerned, that
the ends of justice will be
better attained by the ap-
pointment of such examiners.
301. The rule appointing
^n examiner must specify the
place where the proof shall
be taken, and the delay with-
in which it must be conclud-
ed. This delay may be ex-
tended by the court or judge
upon sufficient cause shown.
303. The examiner, before
entering upon his functions,
mustbesworn before a judge,
or a commissioner of the
^superior court, to fulfil his
duties faithfully and impar-
tially ; and such oath must
be in writing and be annexed
to his return.
303. He must give the
parties at least eight days
notice of the time and place
at which he will begin the
examination.
304. The witnesses are
summoned, by means of a
writ of subpjena issuing from
the court before which the
suit is pending, to appear be-
fore the examiner, who may
administer the oath to them.
i may receive any docnmen-
I tary evidence produced bv
i the parties, and has all thV
. powers of a judge presiding
over proofs stated in § 4 of
this section.
305. Any party to the suit
, may also be summoned to
I answer interrogatories upon
articulated facts vivd voce
before tlie examiner. The
latter may administer the ne-
cessary oath, and put sucli
further questions as he may
deem necessary and perti-
! nent. — if the party refuses to
answer any such questions,
they are reduced to writing,
i and the facts contained in
! them are held to be proved.
j — If the i)arty summoned fails
j to appear, the party who took
I out the order cannot take ad-
! vantage of the default unless
I he has caused him to be serv-
i ed with the interrogatories
! which he intends nim to
; answer.
I 30G. After completing the
proof, the examiner must
; make a return of hisproceed-
! ings, on or before the day
fixed by the court or judge
§ 7. — Of commissions for the\
examination of witnesses.
307. When any of the wit-
nesses or of the parties reside
beyond Lower Canada, or
even within Lower Canada
at a distance of more than
thirty miles from the place
where the court is held, tlie
party who requires to ex-l
amine them may; obtain a
commission appointing one
iive any dociimen-
lence produced by
es, and has all the
fa judge presiding
afs stated in § 4 of
on.
ny party to the suit
) be summoned to
nterrogatories upon
id facts vivH voce
le examiner. The
y administer the no-
)ath, and put sucli
uestiuns as he may
cessary and perti-
tlie party refuses to
ay such questions,
educed to writing,
facts contained in
held to be proved,
arty summoned fails
, the party who took
•der cannot take ad-
)f the default unless
used him to be serv-
the interrogatories
e intends him to
fter completing the
e exammer must
turn of hisproceed-
or before the day
he court or judge.
jovimissions for the \
ation of witnesses.
hen any of the wit-
of the parties reside
-ower Canada, or
in Lower Canada |
nee of more thnii
les from the place
e court is held, tlie
requires to ex-
?ra may obtain a |
fU appointing one
CHAP. VI, OF THIAL.
47
I or more persons to receive
I the answers of such witnesses.
308. Application for that
purpose must be made bv the
plamtiff, within tour 'davs '
after the articulations of facts
are completed ; except under
particular circumstances, left '
to the discretion of the court
or judge. Such an applica-
tion by the defendant must
be made within the same
delay if the case is to be tried
by a jury or is inscribed at
the same time for proof and
, hearing; but if the proof is
I taken in writing, at length,
I the defendant mav make the
! application within the four
I days after the closing of the
I plaintiffs proof. It may be i
granted by the court or by a '
Ljudge in vacatiou, upon' its !
being satisfactorily shown
b^ affidavit that the com-'
[inission is necessary, and'
after notice to the adverse !
I party. ^ |
1 309. The commissioners
hire chosen as follows :— If
both parties join in the com-
mission each furnishes four
[names. From the list thus
I tonned each party alternately
strikes out two names ; this
IS done in the presence of the
pudge, who out of the four
remaining names chooses
[tnree, to whom the commis-
jBion 18 addressed. — If both
Iparties do not join in the
!«omm.soion it is addressed to
line persons chosen by the
■Darty who applies for it.
310. The court or judge
pxes the number of cominis-
Jioners who must be present
in order to execute the com-
mission, aud gives directions
and authority for swearing
witnesses.
311. Annexed to the com-
mission are tlie interroga-
tories and cross-in terroga-
' tories of each partv, which
shall have been allowed bv
the judge after due notice to
the other party.
3ia. The commission must
also be accompanied with
instructions addressed to tha
commissioners, under the sig-
nature of the judge, to guide
them in its execution.
313. The return consists
of a certificate of the commis-
sioners who acted, endorsed
upon the commission, and
stating that the execution
appears by the schedule
I thereto annexed.— The return
I must be under a sealed en.
• velope, upon wlucn are en-
I dorsed an indication of its
I contents and the name of the
'■ cause. Ii cannot be opened
: and published without an
' order from the court or
judge.
314. The party who applies
for a commission must him-
self see to its being transmit-
ted and executed.
315. If both parties have
jomed in the commission,
both are equally bound to
have it transmitted and exe-
cuted.
316. A failure to return the
commission will not prevent
the court from proceeding
with the hearing in the fol-
lowing cases : — 1. If it ap-
pears that the party applied
-IT
48
CODE OF PROCEDUKE, PART H, HOOK I, TIT. I.
for the commission solely in
order to retard tlie judgment ;
— 2. If tlie return has been
delayed longer than justice
and equity required.
§ 8. — 0/ proofs ex parte.
3n. When the defendant
fails to appear or to plead to
the action, the plaintiff, in
suits other than those men-
tioned in articles 8'J, 90 and
91, may inscribe his case for
proof in term or out ol term,
if any is necessary, and sucli
proof is then proceeded witti
before a judge, or before
the prothonotary who must
swear the witnesses, take
notes of their evidence, and
do whatever else it would be
the duty of a judge of the
court to do in matters of
proof. — A defendant fore-
cloeed from pleading is enti-
tled to at least one clear day' s
notice before proof ; and he
may cross-examine the wit-
nesses, and make such objec-
tions as he thinks proper, of
which the protonotary must
take notes ; but he is not
entitled to produce witnesses.
— Proofs ex parte may be
taken at any time, except be-
tween the ninth of July and
the first of September.
318. All evidence offered
by the plaintiff is filed and
remains in the record in the
same manner as if the defen-
dant had appeared ami plead-
ed to the action.
§ 0. — 0/ the incidents
proofs.
ol
310. All applications t*>
the court upon any incideui
of the prool may be made by
motion, stating succinctl}
the nbjeciand reasons of the
application.
3ao. The court may, at
any time before judgmont,
, in itfa discretion and under
■ such conditions as it deems
ju.st, allow any pleading to
: be amended st) as to agree
■ with the facts proved, and
I any pleading is suflicientlv
I sustained if the facts alleged
I agree sufficiently with the.
! facts proved, and if in tlie opi-
nion of the court the opposite
party has not been led intti
error as to the real nature of
the facts intended to be alleg-
ed and proved.
§ 9 (a). — 0/ proofs taken bij
stenograplu/.
330a, With respect to
proofs in the districts of Que-
bec, Montreal, Three Rivera,
St. Francis and Arthabaska
— 1. Without prejudice to ar-
ticles 2G3 anil 204, as to tlie
manner of proceeding and
the power given to the jud^*'
by those articles, the judge
may order, and either of the
parties may require, that the
evidence be taken by meaui
of stenography, — 2= The ste-
nographers employed mustltc
appointed by the c-juncil ot ^
the section of the bar, upon I
the report of the committee J
of examiners appointed by |
OK I, TIT. I.
')f the incidents of
proofs.
\11 applications to
upon any incident
3ot may be made by
stating succinctly
I and leasons of the
i)n.
["lie court may, at
; before judgment,
scietion and under
ditions as it deems
i\v any pleading to
led so as to agree
facts proved, and
ding is sufficiently
if the facts alleged
fficicntly with the.
f^ed, and if in tbeopi-
le court the opposite
3 not been led into
the real nature of
ntended to be alleg-
•oved.
•Of proofs taken by
tenographt/.
With respect to
the districts of Que-
;real. Three Rivers,
is and Arthabaska:
out prejudice to al-
and 204, as to the
jf proceeding auU ||
• given to the judgt'
articles, the judge
i", and either of the
ly require, that the <
be taken bymeaui'
raphy, — 2. The ste-
rs employed must he
! by the Cuuncil of i
n of the bar, upon ^
t of the committee,
iiers appointed by '■
CHAP. VI, OF TRIAL.
49
the council. — 3. Such steno-
graphers after their appoint-
ment are considered to be
officers of the court, and are
paid according to the tariff
established by the council of
the section, by means of fees
advanced by the part7 pro-
ducing the witnesses.— "^4. The
judge or the prothonotary
has the right, before the wit-
lu's.ses are heard, to require,
from each party a deposit
sufficient to meet'the payment
of the stenographer's fees,
Jind further to require, if
necessary, an additions'
depo.'^it.— 5. The notes of evi(
eace are taken by the steiio-
giai)her under the direction
of the judge, and whenever
the judge finds the tariff as-
tablished by the council of
the section insufficient to pro-
perly cover the stenogra-
plier's fees, he may himself
tstablishsuch fees as lie deems
flufficient.— 6. The judge may
order that the notes of evid-
ence be read to the witness,
and corrected, sitting the
<;iMirt, if necessary. — A copy
. of these notes is raatle by
Uranscription by the steno-
grapher of his"^ notes, who
f certifies it and it forms part
ofthert'cord— 7. Cpon appli-
cation by the interested par-
^ ty, the judge who heard the
j evidence may order the errors
which may be found in tlie
copy so transcribed to be
[-corrected, in the manner he!
^ may deem proper.— The costs i
ot revising and correcting!
such copy shall be paid by the
Il>arty lound to be in default. I
— 8. The judge has power
to render judgment without
waiting for the transcription
of the notes of tlie evidence.
{R. S. (J., art. 5888).
380/a Respecting proofs in
tiie other districts of the pro-
vince ;— 1. In all suit^ inscrib-
ed at the same time for proof
and hearing, either of the
parties may, by a demand in
writing, accoiimariied by a
dei)osit of a sufficient sum of'
money to pay a stenographer,
require that the evidence in
.' V case be taken by means
f stenography. — in .such
■ .', the stenograpiier is
named by the prothonotary,
unless the parties mutually
agree upon one ; and the
stenographer is sworn before
the court, judge, or protho-
notary. — At the conclusion
of each testimony, he reads
over the same to the witness,
and such testimony, when
afterwards transcrilied in or-
dinary writing, forms the
record of the evidence in the
cause.— 2. The evidence taken
l)y means of stenography is
a sufficient fulfilment of the
last part of article 263 and of
article 2(>4 ; and tlie sufficien-
cy of the deposit required to
pay a stenographer is deter-
mined by the court, judge or
prothonotary.— 3. In any case
the parties may, bv consent,
employ the services ofaste-
nogfapher, and cause him to
be sworn; and the evidence
is taken in the manner men-
tioned in the preceding par-
agraphs of this article. —4.
The expenses of employiog a,
-TTT
50
COPK OF PnoCKDCRE, PART II, BOOK I, TIT. I.
fetenoprraphc r form part of the '
taxed costs of the case. {Id). \
SECTION IV.
OP E.XPKRTS, TIKWKR.S, HKFER-
ENCES IX MATTERS OF
ACCOUNT, AM) AR-
KITRATORS.
331. Before deciding? upon i
the merits of the case, the I
court may, if necessary, order i
an extraordinary investiga- i
tion in the cases hereinafter i
mentioned, either beiore, dur-
ing, or after the proof.
§ 1- — Of viewers and experts.
_ 332. AVhenever the facts
in contestation between the
parties can only be verified
by view of the object or pre-
mises, or whenever the evid-
ence produced by each party
is contradictory, or when the
nature of the contest requires
It, the court may, of its own (
accord or upon the applica- I
tion of either party, order
the facts to be verified by ex-
perts and persons skilled in
the matter. — The order for
experts must specify clearly
and distinctly the matters to
be verified.
333. The investigation must
be made by three experts
agreed upon by the parties,
unless they agree to its being
made by one only.
834. U. at the time of the
orders for experts, their ap-
pointment has been agreed
upon by the parties, the order
records such appointment.
335. If the experts are not
I agreed upon by the parties
j the court sixes a day on which
I the latter must attend before
the court or judge in order
to appoint them ; and in de-
fault of an order to that effect
either party may summon the
other to attend as aforesaid,
vvithin a reasonable delay,
tor the purpose of such ai.-
pomtment.
33G. The parties are bound
to attend on the day appoint-
ed, and if they then fail to
agree upon the three experts
the court appoints such ex-
perts for them. — In the case
of any of the experts being
validly recused others are
appointed in their stead, in
the manner above described
337. The grounds for re-
cusing an expert are ; rela-
tion or alliance, to the degree
oi cousin-german inclusive-
ly ; intimacy ; enmity; sub-
ornation ; interest; being in
the domestic service or other
employ of one of the parties-
being a party in a similar
suit, or the attorney or agent
ot a party in the case ; and
generally, the grounds of ex-
clusion applicable to wit-
nesses.
338. As soon as the experts
are named, either party may
have the order served' upon
them, together with a requisi-
tion calli.ig upon them to be
Bworu.
33*). If any one of the ex-
perts neglects or refuses to be
sworn or to act, either of
ttie parties may summon the
other to attend before a jud-
30K I, TIT. r.
f the experts are not
pon In- the parties.
:iixesadavon which
r must attend befbio
t or judge in order
It them ; and in de-
norder to that effect
rty may summon th»
fittend as aforesaid,
reasonal)le dehxv,
)urpose of such ai)-
t. '
le parties are hound
on thedayappoint-
f they then fail to
»n the three experts
appoints such ex-
them. — In the case
' the expert'j being
■ecused others are
in their stead, in
iv above described,
le grounds for re-
expert are ; rela-
lance, to the degree
gerraan inclusive-
icy ; enmity ; sub-
interest; being in
tic service or other
one of the parties ;
arty in a similar
J attorney or agent
in the case ; and,
the grounds of ex-
)plicable to wit-
soon as the experts
either party mav
rder served' upoii
her with a requisi-
r upou them to be
ny one of the ex-
ns or refuses to be
to act, either of
fiiay summon the
end before a jud-
rn.AP. VI, OF Tiu.u,.
51
jge in order that another
l])erson may be named in tlie
Ij)roner manner to replace
jsuch expert.
I 330. The experts, before
itaking an^v proceedings in
fthe investigation, niw^t, on
I'.iin of nullity, be sworn to
.jHTforin their function.s with
Jitnpartiality and do the best
lof their ability.— This oath
Imust be in writing, and be
icertificd by the person who
|administers it.
331. The oath must be
■taken before a judge, or the
V^thonotary, before a com-
missioner of the superior
court, before an expert al-
i-eady duly sworn, or before
any other i)erson indicated
In the order for experts.
I 332, A copy of the order
for experts, together with
Ihe necessary papers, must
be given to them, after the
iirothonotory has taken a re-
ceipt therefor.
333. The experts are boun'l
lo fix the time and place at
khich they will proceed with
Ihe investigation, and to no-
|ify the parties, allowing a '
lelay of at least three days
nien the distance from the
domicile v)f the parties res-
pectively does not exceed five
Seagues, and one day more
tor every additional five
leagues.
f 334. The exports musi hear
ine parties and the witnoac.eo
In accordance with the terms
pt the order naming them ■
lach of them is authorised to
liiminister the oath to the
Vitnesaes of the parties, as
the case may be, and the wit-
nesses are summoned to at-
tend before the experts, vvhat-
evermay be the distance.
335. The evidence of the
witnesses must be takendown
in writing, certified aud an-
nexed to tlie report of the ex-
perts and it must mention
whether the witnesses are re-
lated or allied to the parties,
will!" l^""^ '^'f?''*^^' an^^
whether they are in the em-
ploy of either partv, or inter-
ested in the suit.
336. If all the experts
agree, they make one and the
same report, if not, each of
tliem makes his .separate re-
port, if he thinks proper
337. The report of the ex-
perts must be made on or be-
fore the day fixed by tie
court.— It mnst contain rea-
sons .and details, so as to
enable the court to appreciate
the facts ; it must also be
signed by the experts or be in
the form of a notarial origi-
nal. =
338. If the experts delay
or refuse to file their report
they may be summoned, with
the same delays as inordina-
ry procedure, by a rule of
court, to shew cause whv
they should not be condem-
ned, and even held by coer-
cive imprisonment, to do so.
3.39. The court is not bound
to adopt the opinion of the
experts nor that of a niajorltv
of them. •' "^
52
CODK OK I'HOCKItLKi:, I'AHT II, IJOOK I, TIT. I.
1 \'
§ 2. — 0/ references in mailers \
of account to accountantu \
and practitioners. j
340. Ill matters wliercao-,
couiitd have to be rendered or |
ailjusted, or which require j
ca'culutioiis to be made, and ,
in mutters of separation of;
l)roperty, or partition of eom- |
munity or succession, the ;
court may refer the case to ,
one or more persons skilled ,
in such matters ; and such |
persons are subject to the ru-
les above prescribed concern- |
ing experts. — Such account- |
ants and practitioners have \
the powers given to experts ,
by tiie foregoing articles, aud ;
are bound to follow the di- ,
rections of the court ; and j
their reports are adopted, ,
homok)gated or rejected in ,
the same manner as reports j
of experts. j
§ 3. — 0/ arbitrators. \
i
341. The court may, ot its
own motion or upon the up- ,
plication of one of the par-
ties, refer to the decision of.
arbitrators any case of dis-
pute between relations, con- ,
cerning petitions, or other ;
matters of fact which it is dif- ,
licult for the court to appre- ;
ciate; and also any othercase, ;
if the parties consent to it.
34;J. The preceding provi- ;
sions relating to experts ap- ,
ply to arbitrators, in so far :
as they are compatible with
those of the present para-
graph. Nevertheless, arbi-
trators need not be sworn !
unless the order appointing
them requires it.
:J43. Arbitrators can only
adjudicate upon the matte i'
submited to tnem. — They are
l)ound to observe the same
formalities as experts in the
investigation of facts, ac-
cording to articles 3.'!4 and
33'}, unless they are at the
same time ap^'vyinted media-
tors, but they are not bound
to give the reasons of their
decision. They cannot award
costs, unless the court ha.s
empowered them to do so.
343a. Except in actions to
annul a marriage, in separa-
tion of property or from bed
and board, to obtain the
dissolution of a corporation
or the annulling of letters
patent, or in which the par-
ties are minors or legally in-
capable, and in all cases of ]
public interest, the court
may, on the written demand
o*' the parties and of their ad-
vocates, refer all or any of
the issues, either of fact or of |
law, to the decision of any
or more practising advocates I
appointed according to tlie]
manner determined bv the
consent. (R.S. Q., art. 13889).
3436. The referees appoint-
ed who do not accept the of-|
fice are replaced by others,
and the niiijority forms a|
quorum. {Id.).
343c. Before proceeding!
they must be sworn to well
and faithfully perform their
duties either before the judge, |
the proihonotary or a com-
missioner of the superior
court. {Id.).
K I, TIT. I.
oi'dor appointing
res it.
bitriitors can only
upon the mutter
,0 tlieni. — They are
observe tlic same
I as experts in the
ion of facts, ac-
) article."! 334 and
« they are at the
ap^'Kjinteil media-
hey are not bound
le reasons of their
Fhey cannot awanl
ess the court has
d them to do so.
Ixceptin actions to
arriaf^e, in separa-
jperty or from betl
d, to obtain the
1 of a corporation
nulUu^ of letters
in which the par-
nors or legally in-
md in all cases of
terest, the court
le written demand
ties and of their ad-
efer all or any of
either of fact or of
lie decision of any
•actising advocates
according to the
elermined bv the
R.S.Q., art. 5889).
he referees appoiut-
i not accept the of-
,'placed by others,
majoritv forms a
Id.).
Before proceedinjr
: be svvoru to Trei!
ully perform their
er before the judge,
Hiotary or a coni-|
of the superio
)■
CnAI'. VI, OF TniAI,.
53
343f/. The trial before '^uch
referees is conducted as in
tases without a jtirv before
tlie court ; and the 'referees
<or such purpose, have all the
powers of such court or judge.
—The referees have powers
to appoint a clerk to assist
thtni. (Jd.).
the appointment of the re-
fei-eesifthey do not proceed
\vith diligence to the hearing'
of the case. (/J.). ^
3i3r/. On the statement of
facts and propositions of law
>yliich may bo submitted by
tlie i)arties to the referees, it
1^ tde duty uf the letter to
whichthevarelrid T,w„ '~ ''^"""'^'^" to note the
IS transmitted in the mann, ment o be drlw^ -, ^ ^A^'
prescribed bv article 241 aud ViV/ L W "1> ■(/'/..).
•M2.(Id) ' ^--iidiia .J43^ On the application
343/; The reoorf of tl.o «. > . ''i'™ologate the report, the
the court of* the place ii ton rV the con testa-
tauit of whiMK om';rl" ?.': ?^t i^^hmem be recorded bv
tionTX"^■cSen'r"{^r!f '"•"^- '"' ^"^^ -P-'^ i^
the filing of ?urno7ice^iK^^ '^'. J"''^"^^"^
had;rb"en° ^d'-llow? ^" appeal n"y
<-er,theprocc:dingsha"and"i''^^'^ "'^^^^'■^^ '' '^'
am i.'™f>ta,ijm^^pj| i^^^q^.q ^{j
e re-
'erecs form part of the record"
as If they had been had and
taken before the court.— The
fourt may also, upon demand
"t either ofthe parties, cancel
court of qnoen's bench. (/-/.).
S^3k. In appeal, the court
niust inquire into the merits
of the contestation as well as
the grounds of nullity of the
referees' report. (Id.).
..I''
^•|
mmi
t(f^
54
CODE OK IMIOCEDURE, PART II, BOOK I, TIT. I.
§ 4. — General provisions ap-
plicable to the three pre-
ceding pardf/rapha.
344. Experts, accountants,
practitioners, and arbitrators,
may deinaiKj tliat the amount
of their remuneration, costs
and disbursements be paid
into court previously to the
opening of their report and
subject to the order of the
court,— Tf they do not demand
this deposit they liave a re-
course against all the parties
to the suit jointly and sev-
erally.
345. The party who in-
tends to avail himself of a re-
port of experts, practitioners
or accountants must make
application to have it receiv-
ed ; and if the opposite party
desires to take advantage of
any informalities or causes of
nullity therein, he must do
so by a counter-application.
34G. If a report of experts,
practitioners or accountants
IS free from informalities or
causes of nullity, it is receiv-
ed, together with the deoosi-
tions and documents annex-
ed as part of the evidence in
the case.
347. In the case of an
award of arbitrators, the
party intending to avail him-
self of it may apply for its
homologation and for judg-
ment in conformity wit' it.
The other party cannot op-
pose it except by an applica-
tion to have the report de-
clared inadmissible on the
ground of informality or some
other cause of nullity.
SECTION V.
OF TRIAL nV JURY.
§ 1. — Preliminary provisions.
348. A trial by jury may
be had in all actions founded
on debts, ])ro.in.ses, or agree-
ments of a mercantile nature,
either between traders or
between traders and non-
traders; and also in all suits
for the recovery of dam-
ages resulting from personal
wrongs, or from offences or
quasi-offences against move-
able property.
349. It is had at the option
of either of the parties, when
the amount claimed by the
suit exceeds two hundred
dollars, and only upon the
issues laised upoii the merits
of the case.
350. The option is made
either in the declaration or
in the pleas, or by a special
application to the court with-
in four days after issue joined,
or, if these four days expire
out of term, the application
may be made on the first day
of the next term, provided
notice be given to the op-
posite party within four days
after issue joined. — If there is
no articulation of facts, the
inscription cannot take place
until five days after issue
joined.
351. The jury is composed
and summoned in the manner
hereinafter provided.
353. No trial by jury is
fixed until the court or judge,
upon the motion and sugges-
CHAP. VI, OK TRIAL.
nary provimons.
al by jury may
actions founded
.aiscs, or agree-
Tcantile nature,
;en traders or
ders and noa-
also in all suits
overy of dam-
g from personal
from offences or
s against move-
r.
liad at the option
he jtarties, when
claimed by the
i two hundred
only upon the
npoii the merits
option is made
2 declaration or
or by a special
the court with-
ifter issue joined,
four days expire
the application
; on the first day
term, provided
iven to the op-
within four days
lined. — If there is
ion of facts, the
lannot take place
lays after issue
inry is composed
ed in the manner
>rovided.
trial by jury is
le court or judge,
tion and sugges-
tion of the party claiming the
same, has assigned the fact
or facts to be inquired into
by the jury, and has decided
all i3:^ues rai.sod respecting
the quality of the parties.
3.53. Each partv must fur-
nish the judge with a state-
ment uf the facts which he
considers ougljt to be sub-
mitted to the jury.
334. The assignment of
the facts may, however, be
dispensed v.-ith, bv consent
m writing of all the parties
to the suit.
355. The trial must be had
at the place where tlie suit is
brought, unless, tor suffi-
cient cause, the court or
judge orders that it shall be
had in another district ; and
in such case the verdict is
returned with the record to
the place where the suit was
commenced.
350. In any suit for dam-
ages brought against a public
officer by reason of any il-
legal act done by him in the
performance of his functions,
he may apply to have the
trial take place in another
district, upon shewing that
the case cannot be tried inj-
partially and without pre-
judice in the district in which
the suit is brought.— This ap-
plication may be granted
either by the court or by a
judge, and the venue changed
accord in 0-1 V.
§ 2.— Of the jury.
337. The prothonotary of
the superior court in each
district is bound to make a
list of the persons qualifiuii
to serve as jurors in civil
causes, by takin'' from the
list deposited in his office of
persons qualified, according
to the terms of the statute,
to serve as grand jurors in
criminal cases, and in the
order in which they then are,
the names of all persons re-
siding within a distance of
five leagues from the court.
338. The qualification re-
quired for such jurors is that
they must be rnales, be en-
tered upon the valuation roll
as proprietors of real property
of the value of over three
thousand dollars or as tenants
or occupants of real property
of the annual value of over
three hundred dollars, in
cities or towns of at least
twenty thousand souls or in
the hanlieue thereof; or as
proprietors of real property
of the total value of over
one thousand dollars or as
tenants or occupants of real
property of the annual value
of over one hundred dollars
within the limits of any muni-
cipality in the counties or
Gaspe and Bonaventure ; of
as proprietors of real property
of the total value of over
two thousand dollars, or
as tenants or occupants of
real property of the annual
value of over one hundred
and fifty dollars within the
limits of any municipality in
the other parts of the pro-
vince ; and have their domi-
cile in such cities, towns, or
municipalities. —Any justice
iilil
I*----
RfT't**
56
t'OUK OK I'KCCEDL'KE, PART II, HOOK I, TIT. I.
of i.he peace may be a juror.
(R. S. (J., urt.fjHftO).
3.»ft, Person.-^ oiinnot Jic
jurors:—!. Who have not the
quulific.'itioris and couditions
requircfl hy tlie two prcccl-
ing urticU'.s; —'J. Who are
below the a^'c of twenty one
years ; — .'!. Who are alfiicled
Avitli blindness, deafnes.? or
any o'her physical or mental
innrmity inr'oinpatible with
the discharifc of tlie duties of
a juror ; — 4. Who are arrest"d
or under bail upon a charge
of treason or felony, or who
have been convicted thereof:
— 5. Who are aliens. (/^. S.
Q., art. 5891).
3G0. The following per-
sons are exempt from serving
as jurors: — 1. Members of
the Clergy;— 2. Members of
the Privy Council, of the Se-
nate or of the House of Com-
mons of Canada, and persons
in the employ of the Govern-
ment of Caiiadi ;— 3. Mem-
bers of the Executive Council,
Legislative Council or Legis-
lative Assembly of Quebec,
and persons in the employ of
the Government or of the
Legislature of this Province ;
— 4. Judges of the Supreme
Court, of the Court of Queen's
Bench, and of the Superior
Court, Judges of the Sessions,
District Magistrates and Re-
corders ;— 5. Officers of Her
Majesty's Court ; — 6. Regis-
trars ; — 7. Practising advo-
cates and notaries ; — 8. Prac-
tising physicians, surgeons,
dentists and apothecaries ; —
9. Professors in universities,
colleges, high schools, or
normal schools, and teachers;
— 10. Cashiers, tellers, clorks
and accountants of incor-
porated banks;— 11. Clerks,
trea.-^urers and other niunici-
p.i! officers of the cities of
Quebec and .Montreal: — 12.
Officers of the army and navy
in active sc.-vice ; — 13. Offi-
cers, non-commissioned offi-
cers, and privates of the ac-
tive militia ;— 14. Pilot.- dulv
licensed , — 15. Masters anil
crews of steamboats and
masters of schooners, during
the season of navigation; —
IG. All i)ersons employed
in the running of railway
trains ;— 17. All persons cm-
ployed in the working of
grist mills;— 18. Firemen;—
10. Persons above sixtv years
of a^e ;— 20. The Menabersof
the Council and of the Board
of Arbitration of the Montreal
Board of Trade. (Id., art.
5892).
361. Immediately after re-
ceipt of the notice given by
the sheriff that he has com-
pleted the revision of the
grand jury lists, the protho-
notary is bound without de-
lay to correct the copy in his
possession so as to make it
conform to the jury lists so
revised j and such corrections
are certified by the sheriff.—
The list of jurors for civil
cases is revised by the pro-
thonotary according to the
list of grand jurors for crimi-
nal cases so revised, by strik-
ing out the naraes of cleceas-
ed, absent or disqualified per-
sons, and adding the names
of new persons qualified to
CMAl'. VI, i»F TItUL.
&7
iroinen ; —
sprve as jurors.— The nrotlio-
iiotarv if) also hountl, from
time to tiiiif, to strike out
the names of all those whom
the sheriff, in any pendiiijr
case, return?! as diud. ahsenl
or ilisciiialificrl. or who are i
(iechired \,y the court to be
so. (/d., art. .'iR[)3). .
§ 3.-0/ (he special list and
the striking of the panel. j
3G3 The eourt, upon mo- '
tion of either of the parties. '.
may fix a dav for stril<inf '
the panel, and another dav ,
for the trial, either in term
or in vacation, and may or-
or traders tliat oufrht to Ii».
summoned to form the .jury,
the special list is conMdeted
by takiiiir other names from
tlie jury list in the order
, hereinbefore i)reseribed.
I 364. Upon the ajjplieation
of either of the parties, if the
) opposite party does nut nl.-
jeet, the court or jiidjre mav
, order the jury to be coni-
I Dosed e.xclusivelv of persons
speaking the Fn'uch lan-
guajre or of persons speakiiii,'
the KM(;lisli laii.^iiage. If the
parties are ot ditlerent origiji.
and ojie of them demands a
jmy de medictatc finauw, the
eourt or judge unfers the
J er the summoning of a jury 'jury to be'eouTposed of equal
to try the issues, either at the numbers of persons speaking
the French language ami of
persons speaking the English
language.
place where the court is hold
or in any other district, ac-
cording to circumstances,
onhM"'1^.^^.'^^^^. 'V^'' '*■''"' L •''«•"•• "''^''^ '"«♦'«" for the
th nrn Ln ?"^ ^'V''" '*""* ^" ^''^'"^ ^^ >^ '^^7 tbr trial must
M^.?.h^^^'-^''/^''''^*^"^^°"'"M^'^ accompanied with a de-
3r^ ftV'- •. » . posit in the hands of the pro-
3G3. It the suit be of a thonotary, of the amount
mercantile nature, the jurors | fixed by the court.
to be summoned are "taken
and selected only from
amongst the persons speak-
ing the requi^'d language,
who are designated in the
jury list as merchants or
traders, and in the order in
which they stand upon the
list ; and in cases where one
of the parties is not a trader,
and objects to a jury com-
posed Avholly of traders, the
court or judge may order that
One half only uf the jury be
composed of traders. — If
366. After the granting of
such motion by the court or
judge, the prothonotary takes
from the list cf jurors for
ciyil matters, commencing
with the name of the first
juror having the required
qtialifications. following that
of the last juror included in
the special list last previous! v
made the names of forty-
eight jurors, whose names
are first on the Hat, ii-ivint!-.
in the special cases, the qua-
lifications required accord-
thprp oro r.r.t ^i ■ . j'-j'^ai'iuus required accord-
liS fb/nn^K "P°^" ^'^ J"'"^ '"^ *° tl^« o'-der of the court
list the number of merchants or judge, and makes a special
CODE OK PROCEDI'IIK, PART U, HOOK 1, TIT. I.
I ll
i 4
list thereof, to form part of
llie record in the case.
307. V\ in the (hiy and at
tlie hour uxed for striking
tin- piint'I, the jiurtics must
attend for that pun)ose at
the prothoiiotar.v':; office.
3G8. Kach p;irtv strii<es
alterniitcly f voin the special
list prepared ny the protho-
notaiv the name of one of the
persons therein designated,
to the number of twelve each,
paraphing each name struck
out, and the twenty-four |
names then remaining form I
the panel from which the i
twelve jurors who are to
serve in the case are taken.
360. In the case of articles
363 and 'ACA, neither i)artv
can strike out the names of
inore than si.v persons speak-
ing the Frencii language nor
more than six nersons speak-
ing the English language, or
the names ot more than six
traders or non-traders, as the
case may be
370. If either of the parties
fails to attend for the pur-
pose of strikin - the panel,
theprothonotary may strike
twelve names from the special
list on Jiis behalf, observing
the rules i)rescribed in the
preceding article.
371. If the party who has
demanded a trial bvjury fails
to proceed upon his demand,
the opposite party may either
adopt the necessary proceed-
ings lor summoning a jury
or may obtain leave from the
court or a judge to inscribe
the case for proof in the man-
ner indicated in the chapter
on proof.
§ 4. — 0/(he summoning of
Jurors.
37«. As soon fis the panel
is formed in the manner pre-
scribed in the t)re{eding sec-
, tion, the prothonotary deli-
j vers to the partv who applies
J for it a writ of Vetiirr FaciaK,
i in the name of the sovereign,
I signed by such prothonotarv
and sealed with the seal of
! the court , ordering the sheriff
to summon the twenty-four
persons whose names com-
pose the panel ; and a copv
of such panel is annexed to
the writ
373. The jurors must be
summoned at least four days
before the day fixed for the
trial.
374. The sheriff is not
bound to leave a copy of the
writ of Venire Facias with
each person, but merely a
notice under his signature,
summoning him iu virtue of
such writ to appear upon the
day and at the hour fixed for
the trial.— This notice must
give the names of the parties
to the case, the names, occu-
pation and residence of the
person summoned as a juror,
the day, place and hour fixed
for the trial, the summons to
appear as juror, the date of
the writ of Venire Facias, the
date of the notice, and the
signature of the officer to
whom the writ is addressed.
37<>. A return of service of
such writ must b*^ made in the
CHAP. VI, iiK TniAL.
69
same manner as that of or
'linary summonses.
§ ■'■;—Ofthe/orm'itijn of the
jury, and o/chii/leni/''.".
3:g. Oil the (Iiiy fixed for
the trial, the persons sum-
moiled as jantiri must appear
at the anpointed hour, at the
place where the <durt in held,
under a jieiialtv not exeeed-
ing twenty-five dollars, which
may lie immediatelv imposed
hy tiie court, and'i.'j levied
hy the sheriff on the goods
and chattels of the person so
fined ; and in default ot suffi-
cient goods and chattels,
such person may be imprison-
ed for a period not exceeding
fifteen days.— The court mav"
however, for good reason
shown, reduce or entirelv
remit such penalty or im-
prisonment, (li. S. Q., art
5894). "^ '
377. As soon as the case is
called on the appointed dav,
the writ of Venire Facia.s' is.
returned, and after the jurors
sun!nioned have been called
and a sufficient number to
form a jury are in attendance,
either party may challenge
the array, either on the
ground that the ofl^icer to
whom the Venire Facias was
addressed is interested or
concerned in the suit, or on
the ground of such causes of:
nullity as may be found in '
the summoning of thf jurors '
or the making' up of the lists
or panel.
378. This challenge must
be in Avriting, stating the
I causes of nullitv relied upon,
and must conclude by (U>.
manding that the i.anel be
•I'lasht'd.
370. The presid ng ludge
decides the challenge." and
may, if neci'ssarv, order the
fuels upon which it is based
to be .-substantiated on oath.
380. It the clialleng' <-.
pronounced to be valir, the
party who applied for r fii>l
'>y jury must obtair ;.;,e,
issuing of another V^.^ure
tacian.
381. If there is no chm-
Icrige to the array, or if such
ctiallenge is overruled, the
prothonotary, in order to
form thejurj,', proceeds to the
culling and swearing of
twelve of the persons sum-
moned, following the order
111 which they appear on the
panel, unless the judge or-
ders otherwise, saving the
cases mentioned in article
0\.'\) >
383. Either of the parties
may challenge for cause any
person called to form part of
the jury, before such person
IS sworn.
383. The causes of chal-
lenge to the polls are either
principal or to the favor.
, 384. The causes of princi-
pal challenge are ;— 1. Want
of qualification of the person
summoned ;— 2. Relation or
affinity with one of the parties ,
to the degree of cousin-ger-
man inclusively ,-— ;3. Interest
in the suit; — 4. That he has
e-yamined into the matter in
dispute as an arbitrator nam-
ed by one of the parties ;—
>.,M t i <^tm> a*a* A .i fv Hat ; t;^^ a a!ffli^^^SiBi;s^s^j ^
GO
CODE OK PHOCSDURK, PART U, HOOK I, TIT. I.
rAll
5° That one of the parties has
■wrought iipon the juror and
given him money or other
things, in order to obtain m
verdict to his favor;— G. That
the juror is infa.nous, oral-
tainted of felony or convicted
of perjury.
385. Jurors may be chal-
lenged for causes of lesser im-
portance, which indicate a
probability or give rise to a
suspicion that they are bias-
ed in favor of or aerainst one
of the parties, and such chal-
lenges are to the favor.
38G. Principal challenges
are tried by the court ; chal-
lenges to the favor are tried
in the manner hereinafter ex-
plained.
38T. If two jurors or more
have already been sworn, they
try all challenges to the
favor ; if two have not been
sworn, the court ajjpoints
two disinterested persons,
who are sworn to try the '
challenge inipartiallv,' and
who, together with "the first '•
juror sworn, if one have been i
sworn, decide upon it. and '
upon any other challenges,
until two jurors hare been
sworn.
388. The juror himself may
be examined on oath as to
the matter of the challenge,
provided it does not tend to
his dishonor and discredit.
389. A challenge founded
upon a judicial condemna-
tion must be accompanied
with an .authentic certificate
of such condemnation.
390. In cases of a mercan-
tile nature, the names of the
merchants or traders sum-
moned as jurors must be call-
ed first and if they are not in
sufficient iiuinlicrj the jury is
eoinpleted from among the
other persons summnned.
391. I f se ve ra 1 of t h e j u ro rs
summoned are challenged or
fail to attend, so that the
number of twelve duly qua-
j lified jurors cannot be com-
pleted, the court or sitting
(judge may, upon consent of
the parties, but not otherwise
. order the sheriff or the officei-
acting in his stead, to make
up tiie number by taking
forthwith from among the
persons present in court the
requisite number of indivi-
duals qualified to serve as ju-
rors ; Ijut the jury cannot be
wholly composed of talefi.
and if all the jurors summon-
ed fail to attend, or are law-
fully challenged, the trial
cannot then proceed.
393. When a juror called
is not challenged, or the chal-
lenge is overruled, he must
be sM-oru to try the matter at
issue, and to give his verdict
in a just and impartial man-
ner, according to the evi-
dence.
§ 6. — 0/ the 2'>roceedings ht-
for a jury.
393. ^Vo davsat least be-
fore that fixed for the trial by
jury each of the parties must,
under a sealed cover, deliver
to the prothonotary, for the
use of the judge who is to
preside at the trial, a factum
or case, containing a state-
IT. I.
traders sum-
■' must becall-
ley are not in
iM', the Jury i.s
1 among the
immoned.
il ofthe jurors
"hallenged or
"0 that the
vc duly qua-
mot he com-
rt or sittinjr
a consent of
not otherwise
or tiie officei'
'ad, to make
• by taking
among the
in court the
r of indivi-
serve as ju-
ry cannot be
ed of tales,
ors summon-
. or are law-
l, the trial
?eed.
juror called
,orthechal-
ed, he must
he matter at
i his verdict
partial man-
to the evi-
CUAP. VI OF TRIAL
61
ment ofthe facts of the case
iUid the authorities which he
cites in support of hisprcten-
MH. After the return ofthe
V' nireFiiciaSyOii the day fixed
for the trial, if neither i>arty
appears, the jurors are dis-
cliarged : if the plaintiff ap-
pears and the defendant ma-
kes default, such default is re-
corded, and tlie plain tiffmay
proeeed rx parte. — If the
jdaintilfaloue fails to appear.
his default is recorded, and
judgment of nonsuit is enter-
ed against him, with costs to
the defendant.
395. The plaintifTmay also. '
at any time before verdict;
withdraw from court or aban-
don his suit, and a likejudg-'
inent of nonsuit, with cost's,
is rendered against him bv
thejudge.
omissions that may be found
therein.
398. A fair copy of such
notes is made out by the pro-
tlionotary, and, after being
certified ijy the judge, is filed
of record and in case of ap-
l)eal is held to be the true re-
cord of the evidence adduced
and of all other proceed-
ings mentioned therein and
stands in lieu of any bill or
exceptions by either of the
parties against the evidence,
adduced, or the trial, which
bills can no longer be filed.
399. When thi' witnes.ses
cannot attend before the
court, their evidence may be
taken by means of a com-
mission for the examination
of witnesses, which must be
obtained and executed in the
manner prescribed in the sec-
tion concerning such com-
J.)G. yo paper can be read : missions, and must be return-
to the jury without leave
from the judge ; and if it be
not authentic it must first be
proved.
397. The witnesses give
their evidence orally, in pre-
sence of the jury, and the
judge is bound to make, or
cause to be made under his
supervision, full notes ofthe
ed before the jury ; but no
such commission can issue
for the examination of wit-
nesses who are within the
circuit in which the jury trial
takes place, unless with the
consent of both parties, which
is entered in the record.
399a. Either of the i)artics
may, by a demand in writing,
tc..timony thus adduced, of, accompanied by a detmsit Zi
an oral admissions, or of all I a" sum of money deemed
exceptions takenorobjections i suf!icient by the judge or the
made orally in court. These prothouotary to paj- a steno-
otes are read out by the I grapher, require the evidence
juagi or by the prothouotary, I to be taken by means of ste-
t the oral request of any
party in the suit, d
ur
logmphy.— In such case the
the trial or immediately at
ter it, in order to correct
and remedy anv errors or
■ing i stenograjiher is named by the
prothonotarv, unless the par-
ties mutually agree upon
one, and the stenographer is
'-■-•^''^''^"f'U{1^!j^^^ T^'''S^-i':^ ^^,
62
i\
CODE OF I'ROCEDUKK, PART 11, BOOK I, TIT. I.
•sworn before- the court, ami
lie shall, at the conclusion of
each testimony, read over the
same to tiie witness. —Such
testimony shall, when after-
"vvard.s transcribed in ordina-
ry writing, fbrni the record
ot the evidence in the cause.
— The requirements of arti-
^ ,'2,/"^?^ .■'^"^ ''^^ ™av be
tulhlled through the intc--
veiition of the stcnogra])hei
before the reply of the plain-
tiff.
404. "When each party has
stated his case and adduced
his evidence, the judge, if he
deems it necessary, suras up
the evidence to the jury.
405. if either party objects
to the judge's charge, the
judge must,e'ther immediate-
ly or as soon as he conve-
niently can, reduce to writ-
-The ,.x„o„sosof ..„r,;(;;.i,Vg • i„i: i ,s Tbisd«;S
tioning the objection made ;
and what is thus written,
after being signed by the jud-
f?e, ibrms i)art of the record
the taxed costs of the case
Ui- S .Q., art. .'■)89.'5).
400. When the facts to be
proved before the jury have .., .,..^« ,.
;r;:K^H^ti;:rr^;i^^''--'-
;'^i?i!ti^i!:'u;rihewrit-i^^--^ti'-r^"^
ten consent of the parties, ; "^ '''
Jho inflt^T""!* "^ !^'^' ^y ' ^0«- It is the province of
with fonrr^i"'^" dispensed ^ the judge to declare whJthe
with, pioot may be gone into: there is any evidence and
^^o'^^P ',' ^'^'^^ °^' t^'^' ^^'^- i "'I'^ther that evh lence is
amine" i^l^JrV'^ T'' '''- ^ ^'^^^^ '-^"^ ' ^ '« that i? e jury
am ne the other by interroga- to say whether the evidence
th anfvvo;''"';'"'"!"-^/''^^^^^' ^ '^*^'"i"^^l i« sufficient ''
tin anbwers to which are; 407. The jurv finds th..
mesencroT'tl"'"-^^ '^ the | facts, but mulrl^e guided by
ptsenco of the jury, or in ! the directions of the judcre as
^vrltlngInthep|•othonotarv's '- ' ■ ' ^"*- Juuge a.-,
office. "^
403. The plaintiff first
opens his case, and adduces
his evidence.-The defendant I 408. If the iurv whpn
S ^haWnl^ the'oi f '% "'^-l^-l wiXtlill'X^ct^^
Ss g' S. Inn- e he "be- rve'rdi't 'ir^'^^ '^''^ •"P"'^
if^,:. ^.. „<■. A •' >^"''^' "G- a \erdict, they must retire to
ovdacf ''tI;"^^""."-^'!^ !^ ^'^'''' ^'' apart for them^
«viucnce. — Ihe plaintiff is in charge of s,\m" bo.-ljff-n
u.-urwards entitled to reply. pointedVthe court oHud?
regards the law.
§ 8. — Oft he verdict.
but if he adduces evid
rebuttal, the defenda
ence in until they are ready to render
nt may their verdict. — The court
comment upon such evideucV' judge may, ho"
or
)\vever, in such
ly of the plain-
CHAP. VI, OF Tf.IAL.
63
jury, when
le case, cau-
case. and also durinjr the
trial, permit them to depart
for the night, subject to the
obligation of attendinjr ajjain
on the next followin.^ juri-
dical day.
40}>. If the jurors fail so to
attend again, tliev are liable
to the penalties attached to
contempt of court, without
prejudice to the recourse of
the parties against them for
damages.
410. The jurv may, at any
time, even after the summing
up by the judge, but in his
presence and with his per-
mission, in open court, ex-
amine again the witnesses
already heard : they mav
also ask the opinion of the
judge upon any questions of
law which present them-
selves.
411. The agreement of nine
(if the twelve jurors is sufH-
cient to return a verdict.
412. If nine of the jurors i
cannot agree upon the vor- j
diet to be returned, the jury \
may, in the discretion ofi
the court, be discharged, and
another jury raav be summon- i
ed.
413. The prothonotarv, af-
ter ascertaining that all the
jurors are present, receives
their verdict and enters the
same in the registers of the
court, inserting their names,
and stating the number of
those who concur in the ver-
dict if it is not unanimous.
414. When there is an
assignment of facts the ver-
dict must be special and ar-
ticulated upon each fact sub-
mitted, and be explicitly af-
firmative or negative.
415. Wiien the parties ha-
ve agreed to dispense with
an assignment of facts, tlie
verdict is general either in
favor of the plaintiff for a
specific sum. or in favor of
the defendant.
4lfi The jurors are not
bound to render their verdict
until the partv demandin"-
the trial by jury has paid
the sum of one dollar for each
of tiiem, for each day tiiat
the trial has lasted.— In de-
fault of pa^-mcpt by either
party, tlie jury are .■ischarg-
ed witliout rendering a ver-
dict, with costs agr.mst the
party who demandeil a trial
\>y Jiiiy ; such costs includ-
! mg both the co.s.s incur'-ed
j npou the trial a-.J the ralow-
I ance for the jurors, to whom
! the same is paid as soon as jt
i IS recovered by theprothono-
i tary ; and if the trial bv
I jury was demanded by the de-
ifendant, the niaintifF may
' proceed according to article
, o 7 1 .
1 417. The prothonotary, in
the case of such default to
pay, must immediately issue
against the party liable for
costs, a writ of execution, to
be enforced by the sheriff, for
the recovery of the allowance
due the jurors.
_4l«. The verdict must be
given upon u]] the issues sub-
mitted to the jury.
419. The verdict cannot in
any manner pronounce upon
the costs of suit.
430. The presiding judge
'I
u
CODE Oi. PROCEDURE, PART 11, BOOK J, TIT. I.
may order the amendment of
any clerical errors that have
occurred in any proreeding
in the cas-e before the jnn' or
in the verdict— If the verdict 1
cannot be rendered by reason I
of the death, illness or with-'
drawal of a juror, tiie jury
Jiiust he discharged, saving
the right of the purties to
liaveanother jury summoned.
—The judge mav, however,
lu the case of illness or with- '
drawalofa jnror,ad)ourn (he
case, in order to give the jury
tlie opportunity to reunite
and render their verdict.
\ ^.— Of judgment after ver-
dict and of remedies aijuimt
a verdict.
. 4'J4, Motions in arrest of
.judgment must he made with-
i in the same delay, unless
! tlie party has adopted either
j of the two other recourses
|u;ep*ioned in the prcced-
' ing article, in which case it
may be Jimde within the two
days in term next after the
judgment upon the former
motion.
425. None of the motions
hereinabove mentioned can
be adjudicated upon unless
the opposite party hps bep".
heard or duly notified.
Of motions for new tried.
43G. Th;' court mav grant
. a new trial in the following
cases: — 1. If the assignment
of facts submitted to the jury
does not comprii i all the
facts necessary to be proved ;
—2. If the judge has admitted
Illegal evidence ;—;{. If he
lias rejected legal evidence :
—4. If he has wrongly direct-
ed the lury upon a point of
431. The party in whose
tavor a verdict has been ren-
dered cannot move for judg-
ment upon the same until the
expiration of four days in
term after the renderin^r
thereof. °
433. The motion for judg- ,,, ^r- u,
ment of the verdict can onfy law -l^
be opposed by means of a ' '
motion for a new trial, a mo-
tion m arrest of judgment, or
a motion ,or judgment nan
obstante veredicto.
433. Motions for n^-\y trial
or tor judgment non obstante
veredicto musi be made before
lovilT'Z n f'^'^r J-'^^^'i'-iexpress^d^i;^ in
review, on or before the tention of favorinir tl
Ji'i'v, not
If the
agreeing, have set'th'd tlieir
verdict by casting lots, even
though it be contormable to
the evidence and to the di-
rection of the judge :— 6. If
the jurors have accepted re-
freshments from tne success-
ful Darty ; — 7. jfone of the
second day of the next term
of such court in review foU
lowing the tenth day after
the rendering of the verdict
and cannot l)e received after'
(A!. *!>'. r^., art. 5586).
1, ...e suc-
cessful party ;— 8. II he has
committed any act of a nature
to warrant any suspicion of
partiality of the verdict ;— 9.
II anything has l)een done to
bias the opinion of a juror in
TIT. I.
=! in arrost of
he inadpwitli-
ilc'lay. unless
dopted either
her recourses
the preccd-
»iiieh case it
ithin the two
lext after the
1 the former
the motions
■Mti'uied can
upon unless
"ty liPS hee"'
)tified.
new tried.
t may (jrant
le following
assii^nment
d to the jury
•i^ ' all the
) be proved ;
lasufhnitted
; —3. If he
! evidence :
Mgly direct-
i a point of
jury, not
ettlf'd their
? lots, even
orniable to
to the di-
Ige :— 6. If
"cepted re-
he success-
one of the
3ed his in-
g the snc-
II he has
of a nature
ispicion of
rdict ; — 9.
m done to
a juror in
cir.\p. vr, OF TiiiAL.
r,5
mmj;_u|, llii- case in favor of 42T. The ,.„„scs inentioue.l
—II. if the amount awarded nartv \vi< U., i \ • '. . "^
jurors must have been infiu- a. t,wl.o , o '^ '*."^''J"3''''''
jurors, or any of them, have 4'>.) ,V, • \.,^'li %^\ •.
waf take.', b .iurn, « ^ ■(*'' f ",'" JY "•''■"' "■"
sent at the time of the trial
without any fault on tlie part
ot the party who had sum
0/ arrest of Judgment.
"lonedh'im'kndhTs'evidV.'.ce Jh^\Tl '^^^^P'^^"* ^^s a
isstillohtflinnhio. A. !"-';? ?'«/'' to move in arrest of
IS still obtainable; and in all
<'ases where tlie merits of the
'■ase could not be discussed
juugment upon the verdict,
whenever it ajipears on the
tace of the record, that not-
th. verdict is'£li^;il.;ror'de- ^^S "^"^'^ ^— -^
fective :-i8. If the writ of 43'J. Vrrc
! ''"'•'-^ /'f'Ciuj IS vvrong-lv ad- : li«s tho otVn
dressed or executed,
challenge of th
rest of judgment
n,.-v .u'^ t^e effect of annulling
01 if a j the verdict of the jury, which
e arra}' or if can
any juror has been erroneo
no 1
ly maintained
or overruled
us- 1 out.
onger be carried
—19. If for other causes, the
re
'a I
CG
CODE OK PIIOCEDURK, i>ART II, BOOf: I, TIT. I.
#1!
Qfjndfjment ^' non obstante
veredicto."
433. Whenever the ver-
dict of a jury is upon matters
of fact 111 acconiiinco witii
the alletrations of one of the
parties, the court niav, not-
withstanding such verdict,
render judg-rK-nt in favor of
the other ])art.v if the allega-
tions of the forvaer part> ;>ac'
not sutHcient in law to sus-
tain his pretensions.
CHAPTER VII.
OF niVERS OTHKB INCIDENTAL
PROCEEDIN(;S.
SECTION I.
OF CONTINUANCE OF SCITS.
43 J. When a case is ready
for judgment, it cannot be
retarded either by change of
the civil status of the parties
or by loss of the quality in
which they were acting.
435. Tlic case is ready for
jndgment, when the trial is
completed, and the case is
under advisement.
436 The attorney who is
aware of the death or change
of civil status of his party, or
of the loss of the quality
under Avhich he was acting,
is bound to notify the op-
posite parly; and' all pro-
ceedings had up to the day
when such notice is given
are valid.
437. In cases which are
not ready for judgment, all
proceedings hadsubsequently
to notice given of the death
or ciiange c-i status of one of
the parties, or of the loss of
tt:e quality in which he was
I acting, are null ; and the
I suit is suspended until its
, continuance In those ii.'ter-
I ested, or until the latter have
I been called in to continue,
i 438. A suit mav be conti-
' ""ed: I. By the heirs oi re-
presentatives of a deceased
I party ;— 2. By a nnnor who
hu'j attained full age;— 3. By
, thi: bu-sband uho has mar-
I ned a spinster or a widow
i.pJ^r'y in vhe suit ;— 4. By a
iViie who has obtained se-
paration of propertv from her
husband, when tlie suit af-
fects her private property :—
^. Bv the person who replaces
tlie party who has lost the
quality in which he was act-
ing.
439. The continuance may
be effected upon petition,
hied in the prothonotary's
ofhoe, after being served upon
the opposite party.— This pe-
tition may be contested in
the same manner as any suit.
440. If the continuance is
not contested within the de-
lays prescribed, it is held to
be admitted, and in such
c.ise, as also when it is de-
clared by the court to be well
founded, the opposite party
may coBtinue on from the
last proceedings originally
taken.
441. If the persons inter-
ested do not continue the
suit, the partv remaining in
It may : -ynipel them to do so
by a ",;->and in the usual
fTAP. VU, OK ,,iVEHS OTHKK l.NCK.K.NTAL PHOCEKniXflS.
joined to the
itxrn which is
'Ti>i'tal i- jit.
449 In all cp, whether
:ne continunnce l- voluntary
or ordered l<y the court, it is
effected by followinj-- up the
liist valid propped int-? oritrin-
uliy had it. i!h' suit.
KECTIOX ir. !
OF rifS DKCISORY OATH AM)
THE OATH PUT HV TUK
COURT.
§ ^—O/the decisory oath, i
. 443. A partv whose case
13 not proved mav refer its
decision to the oi'ith of the
opposite party, either upon
the whole or upon a distinct
portion of the matter in dis-
pute.
444. The decisory oath
cannot be offered b/ an at-
torney without a special
power from the party he re-
presents.-The offer must be f
in writing, and the partv ob-
tains of course, a rule oVder-
ing the opposite partv to ap-
pear before the judge to ans- '
^^er the questions wliich will
be put to him.
,.-ti*'*\J^^^ ^"^^ is served
with tlie same delays as
those required in summoning
"^vitnesses. *
. .f*^'- ^^ ^'ic Parf.v served
mils to appear or refuses to
answer, he is held to admit
^ ;^iever the opposite partv
Uo prove by offering the
' Y':nl-J>^^^y *" whom
'•e oath IS offered or referred
a corporation, the answers
6T
must he given in the manner
provided in article 224 with
!'egard to interrogatories
upon articulated facts
447. The party served
"lu, however, when he
refuses to answ.-r. refer the
paru. ihis IS done in writ-
ing, and thereupon the partv
''''^""^•fV'''' "''♦•' is bound
viti r? ''."*•"■'' ^he court,
^Mthout further notice
§ 2.— Of (he oat put by the
courts
448. The court mav, of its
own motion, order either of
the parties, or both, to ap-
pear and answer such caies-
tiousas it deems necessary
to elucidate the matters in
dispute ; according to the
provisions contained in ar-
ticle 1254 of the Civil Code
fi,nf ?.• ^''^ """"^t ""^y order
that the i)arty shall ai)pear
without notice, or that the
rule shall be served upon him
at the diligence of the oppo-
i site party. ' '
SECTIOX in.
• OK ni.SCONTlNDAN'CE.
450. A party may, at any
time before judgment, discon-
tinue his suit or proceedinsr
on payment of costs.
451. Discontinuance may
be effected by a simple de-
claration to that effect, sign-
ed by the party orhis attor-
ney, and delivered into court
or filed in theprothonotary'*
6
If
— til 1 1 III
'»""■•"'"••"■'' -'■'■*^ ■*"— -TfltHMl
68
CODE OF PROCEDUKE, I'ART II, noOK i, TJT. I.
office. It hns no t'fTect, how-
ever, nfrninst the opposite
party uiilesd it has been
served upon liim.
i'i'i. Discontiiiuaneo ro"
phices mutters as of course
in the state in which tliev
would have been, had tlie
suit or proceeding not been
coninieneed.
453. A party who has ef-
fected a discontinuance can-
not begin again unless he
l)reviously pays the costs
incurred by the opposite
Piirty npon tlie suit or pro-
ceeding discontinued,
SECTIOX IV. 1
OF PEREMPTION OF SUITS.
454. Suits are perempted
Avhen no proceeding has been
had therein during three
years.
455. Peremption, however,
does uot take place :—].
When the party has ceased
to be represented by his at-
attorney, in the cases men-
tioned in articles 201 and
202;- 2. When the party
himself dies, or has changed
bis civil status;— 8. When
proceedings are conipulsorilv
stayed by any incidental pro'-
ceeding or by an interlocu-
tory judgment.
456. Peremi)tion takes
place against corporations
and .igninst all individuals,
even against minors, when
thej^ are represented, saving
their recourse against those
Avho represent them. It does
not take place against the
crowii.
457. Peremption must be
declared by the court, upon
a motion of which the attor-
ney, if there is ouf. has had
notice; otherwise tlie notice
must b(,' given to tiie party
liiniself
^r^H. Peremption is cover-
ed iiy any useful proceeding
taken aftei- the lai)se of tlirep
yi'ars and before the service
of the motion to have it de-
chired ; but it cannot be jtre-
vented or affected bv any
•roceedingtaken subseauent-
y to the service of sucn mo-
tion.
459. Peremption does not
extinguish the right of ac-
tion, but only the suit or pro-
ceeding.
460. The court, in declar-
in^ tiie peremption of the
suit, may, according to cir-
cumstances, condemn the
plaintiff to pay all costs.
SECTION V-
MISCELLANEOUS PROVISIONS.
4G1. When any writ or
! paper whatever requires to
i be served out of the district,
I the service may, in the ab-
.sence of any provision to the
contrary, be made either by
the sheriff or a bailiff of the
district in which the court is
held, or by the sheriff or a bai-
liff of the district in which
snch service is to he made ;
but no more costs can be
allowed in the former case
than in the latter. This pro-
CHAP. VII, OK DIVKUS OTHKR I.VCDENTA, l"H,.rKKDIN,;.S.
ijrninst the
visions apj)lies ulso to oxecu-
tions against niovenlc pro-
perty aiKl to attaciiiiKiiits
before or after j udguieii t ( A'
S. Q., art. 5837).
463. Every writttu jiro-
CL'ediii^ in the case must be
served ui)0ir the opposite
party, otherwise it is not
deemed to beregularlv fvh;d.
— hvery notice of inscription
lor hearing in hiw or upon
the merits must be given bv
serving a copy of tlie ins-
cription at least one clear
day in term, and four day^
ill vacation, before the dav
hxed fur such hearing.
4G3. In reckoning^the de-
lays in matters of pleadin"-
or trial, the first dav ofSiMf-
tember is deemed to be the
next day after the thirtieth
day of June ; and no partv
to a cause can be obliged to
proceed between those two
days, witiiouta special order
ol the court or judge.— A nv
days between the thirtietli
da , of June and the first of
heptember shall, however,
be reckoned in the delays of
eight days fixed by articles
497 and 500. {R. S. Q., art.
5898). .fjaii.
464. Two or more judges
ot the Superior Court dis-
charging their duties in the
same district, mav. and must,
whenever the despatch of'
business requires it, sit at the
same time and at the same '
place, in separate appart-
meats, in or out of term ; au('
each of such iudges has juris-
diction for hearing and de-
termining all cases and mat-
69
ters submitted to him, nn.l
has the sunic i.owcrs as if he
were the only judgt; sitting in
:^uch place. (/,/., art. 58'J9)
. •»«•>• In tlie absence of the
judge from the chef-lien of
ativ di-trict, whenever no
.M'dge lias his domicile in the
'^^ef-heu, or in the absence
of thejudge from the district
or when he is sick, when he
nas Ins d(»niicile in the c/if^f.
lieu, the piothonotarv. in vi-
c/ition, may peifornr his du-
ties, in cases of evident ne-
cessity, or where bv delav a
right mightotherwise he lost
or a wrong sustained.— Vo
judgment or order can be
given by the prothonotarv
unless notice of tlie applica".
tion has been given to the
opposite party, except in
cases by default, and such
order may be afterwards re-
vised by the court at its next
sitting, or by anv judge nrc-
sent in the district, provided
the party requiring the revi-
sion hies in the prothono-
tary s office, within the three
following juridical days, an
exception thereto, accom-
panied l)y the grounds upon
which such revision is de-
manded.-The judgment or
order of the prothonotarv
cannot be executed until the
delay for filing such excep-
tion has expired; and after
the filing 0?- the exception,
the execution of sucii judg-
ment or order remains sut-
pended un^i? *he decision of
. 'H?e- ^•., art. 5900).
466. W ._^erthesheriiris
interested or personally con-
70
CODE OK I'ROCKDUUK, PART I! It,
i'. I.
cerned in any suit or action,
any writ which ouglrt to be
served by hira must be iia-
<lre33ed to and served by Die
coroner of the district.
467. If the sheriff is also
coroner, then tiie prothono-
tary, or his deputv, aota in
the place and stead of tlie
sheriff, as if the writ liad
been addressed to him per-
sonally.
467a. In cases of capias,
attachment before ludgment
attachment for rent, conseri
vatory attachment, and in all
cases of urgency, ihi; writ
may be issued outside office
hours without having judi-l
cial stamps thereon, provided
that the amount of such
stamps be deposited with the
officer issuing the writ, who
IS bound to affix the stamps
upon the jiat as soon as pos-
sible. {E. S. Q., art. 5901).
scncr, he may render jiidg-
MH'ut as if no changes had
taken place.
460. In all contested cases,
• iiid in those not provided for
by articles 80, 90, 9? -mvI
CHAPTER VIII.
OF FINAL .IUDC;.\IENT.
SECTION I.
OF .JUDGMENT ON THE MERITS.
468. Judgment i;i a suit
which is under advisement
cannot be stayed by reason
of the death of the parties or
of their attorneys. — If any
judge or assistant judge be-
fore whom a case luis been
beard is appointed chief-
justice or judge of the same
court, or ch; i-justice or
.judge of another court, or
has obhiined leave of ab-
judgment must be rendered
in open court. — The court
may, during term, appoint
days out of term for render-
ing j>i<lgment in cases taken
under advisement.
469a. At any time, when
a judge who has heard a
cause is incapable on account
of illness, absence or other
cause, of rendering judgment
. in person, he may transmit
I the draft of the 'judgment,
certified by him, to th.- pro-
j thonotary, with instructions
I to record such judgment and
to read it or to give commu-
iiication of it on demand to
the parties or to their advo-
cates, on the day previously
fixed for that purpose bv the
court which has 'akeii the
cause under i.dvistment. —
The prothonotarj', on n reiv-
ing tho draft of ;udgmp Land
the iii '•ticticio accoi.., iny-
ing it, IS obliged to conform
to such instructions ; and the
judgment ,.' vin registered, has
the sam:; eliect as if it L;id
been rendered by the judge,
during the sitting df tb'
court. (R. S. q., art. 55(L).
470. In cases in ibed at
the same time for )f ad
hearing, judgmen aav ije
rendered during t|; rn: a;;d
upon the days' set aparrin
vacation for proof and hear-
ing in such cases, and also
upon any day out of term
CMAI'. VIII, OK KI.VAL JIDOMB.VT.
u, appoint
appointed by th, court, tor
icmlerinjjr judgment iu cases
taken under advisement. C/,/
art. .')!J03^. ^ ■
471. hvcry judgment for
damages mu.st contain a li.
<|uidation tliereof.
47'J. Eveiyjudgmontmuat
mention the cause of action
and must lie -iu.scoptible of
o.\ecution.-In contested cases
It must moreover contiiin a
.^ummary statement of tiie
issues of law and of fact
raised and decided, the h a-
sons upon which the <lecision
IS founded, and tne name of
the judge by whom it was
rendered.
47." The judgment must
1)1' tillered without del.iv iu
the register of thecou., in
conformity with the diafti
paraphed b,\ the judge. '
474. In the case of diffc-
once between the draft a; i
the enlrv thereof in the re-
gister, the draft is to be fol-
lowed, and the court may,
without any formality, order
the rectification of the re-
gister.
475. Every judgment con-
demning a party to the resti
71
47G. Unless it is expressly
ordered, it is not necessary to
have the judgment .served on
the pa-ty condemned, except
.judgments in recognition of
hvj.othecs, rendered against
detendants having a known
domicile in the province.
477. Any party may, on
giving notice to the opposite
party, renounce either a part
only or the whole of a
judgment rendered in hi'a
favor, and have such renun-
ciation recorded by the i)ro-
thonotary; and in the latter
case the cause is placed in
the same state it was in be-
fore the judgment.
.SECTION' II.
OF COST.H.
tution of rents, issues and
prohts, mu-t order the liqui-
vaaon tliereof; and this is
done ,y experts if the case
requires it; and the partv
condemned i,- bound for that
purpose to produce all ac-
counts and documenta ahew-
ing the receipts, all leases of
imtnoveables.and a statement
of the eost of tilling, sowing
and harvesting incurred bv
him. •'
478. The losing party must
pay all costs, unless for spe-
cial sons the court thinks
proi, to reduce them or
compensate them, or orders
: otherwise.— Nevertheless, in
actions of damages for iier-
sonal wrongs, if the damages
awarded do not exceed forty
shillings sterling, no greater
I sum can be ai'owed for costs
j than the amount of such
i damages.
' 478<i. Costs bea interest
from the d.ite of the judg-
ment granting them. (Ji, %'
I <i»., art. 5904).
I 479. Costs are taxed by the
prothonotarv upon produc-
tion of a bill thereof, and ac-
cording to the tariffs in for-e,
md if the amount awarded
by the judgment is sii h that
FT
*"—■ •• -Tr'''»<<'«Ttmrn
72
C'ODK OF 1'H0CKI)H(K,HAKT 11, HOOK I, TIT. I(.
it mipht have Ihm'ii recovortMl
bofore ail inferior court, the
plaintiir is t-ntithMl to niu;h
coHts only art woul<l have
been allowed in fiiich inferior
court, iinlesd the court other-
wise orders ; dueh taxation,
may, within six months, be
submitted for the revision of
a judj?e after the adverse par-
ty has received such notice
as the judRe may deem siilh-
cient. — Neither the ai)idi(:a-
tionfor revision, howerer, nor
the delay allowed for such
revision, can suspend the
execution of the jiidf^inent ;
savinp: the debtor's recourse
in the event of the amount
being levied or paid before
such revision.
480. Whenever witnesses
are summoned from l»eyond
the jurisdiction, their' ex-
cannot be taxed,
tile opposite party.
peiises
again-
for more than it would have
cost t(» examine them by
means of a commission unles.<j
the court or a judge other-
I wise orders.
481. In the cases of article^
on and 240, no greater costs
oi service can he allowed
than if such service had been
made by u baililf residing in
the county.
48a. Attorneys ^/^//(7f« may
demand and obtain distrac-
tion of their fees aiKi of all
disbursements actually made
by them,— If such demand be
not made on or before the
day on which the judgment
was rendered it can only be
granted after the opposite
party has been notified to
show cause against it.
TITLE II.
OF REMEDIES AGAINST JVIMJSIEIVTS.
Ill
CHAPTER I.
OF REVISION.
SECTION I.
OF THE RKVISION OK JUDGMENTS
BY DEFAULT.
483. The defendant may
apply by petition, within a
year and a day, for the revi-
sion of any judgment render-
ed against him by default,
in the following cases: — 1.
In all cases of simple attach-
ment, or attachment bv gar-
nishment, when the service
bas been effected under the
provisions of article G8; — 2.
Whenever he bus not been
served personally or at his
real domicile, or ordinary
and actual place of residence.
483«. In all cases what-
ever and not only in those in
which the judgment may
have been rendered in virtue
of articles 89, 90, 91 and 92
of this Code, any party con-
demned by deflault to ap-
pear or to plead, may ])ro-
II.
bt) taxerl,
site party,
'ould havr
tlu'ni by
sioii unless
(Ige olber-
I of articles
'ater costs
e allowed
<; bad bceii
e.sidiiig ill
"/ it les may
II distrae-
iiid of all
ally made
leniand be
)efore tlie
judgraent
1 only be
op|)osite
otiiied to
it.
THAI'. I, OK UEVISION.
73
t by gar-
e service
nder the
:G8; — 2.
lot been
V at his
ordinary
2sidenco.
s what-
those in
nt may
in virtue
L and 92
rty con-
to ap-
lay j)ro-
<'(•<•(! again-tt th»' Jiid^'niorif ,
whether rendered in term or
in vacation, by opposition
made and filed arcordinc to
articles 4S4 and followjnir ;
but no .such of.jiosition "is
allowed, unless the party
condemned f»rodiices an affi-
davit that such partv ha-^ a
good defence to the' action,
which defence must be set out
in the opposition, and unless
such party has been pre-
vented fro)n filing his defense
by surpri-e, fniud, or other
eau.se, considered just and
.sufficient by the judge, with-
out whose order no such op-
position sh.-ll have anv effect
nor shall it be received bv
the prrithonotary. (li. S. (/.,
art. 5W)5, nx amended by 'A
Vic, cap. 40).
484. The defendant may
seek relief against anv judg-
ment rendered in con'fo'rmitv ;
to the ])rovision3 of articles
fiO, 90, 91 or 1)2, by means of
an opposition, made either
before of after seizure, but
before sale, or within ten
days from the date of a re-
turn of nulla bona, if there is
one, or within ten days from
the service upon him of any
seizure be garnishment, issued
in virtue of such judgment.
485. The petition for re-
vision mentioned in article
483, and the opposition men-
tionned in article 434, must
-contain, on pain of nullitv.
^ii grounds, whether in sun-
port of such petition or oppo-
sition, or against the judg-
ment, with an election of a
•domicile within one mile
from the place where the
eourt is held, and be accom-
panied by ail docuuienta ill
■inpijort of it.
4H(;. The petition or oppo.
sition must, moreover, be ac-
companied with an affidavit
of tlie defendant, or of one of
the defendants, or of some
, other credif)le person, that
the allegations contained in
.such petition or opposition
are, to his knowledge, true ;
find, in the case of article
4H4. a sufficient sum must be
deposited with the prothono-
tary to meet the costs incur-
red after tfie return of the
writ up to the ludgment, ia-
cliiding the service thereof;
which costs must be paid to
tlie plaintiff us soon as they
are taxed, out of the sum ao
deposited.
4H7. The oi»position men-
tioned in article 484 is filed
in the prothonotary's office :
but the prothonotarv must
not receive it unless 'a copy
thereof is at tlie same time
left for the the plaintiff.
488. The filing of such op.
position has the effect ofsns-
l>ending the sale under the
seizure until it is decided by
the court. The prothonotary
must grant a certificate in
duplicate of the filing of the
oppo'ition mentioned in the
preceding article ; and one
of the duidicates muBt be
given to the officer makip.g
the seizui-e, Avho must give a
receipt therefor, in default of
which it is served upon him
at his own cost. The officer
is thereupon bound to stay his
n .1
if
iKMHMita
(4
CODE OK ..noCKOURK, IMHT n, „00K- ,, TiT. n.
proceedings, and to return
into court the writ ofexecu-
tion and the certificate which
he has received.
£ *?^- ]f <lie opposition is
hied before tlie issuin.t( of a
writ of execution, notice of
the filinfr thereof must be
given to the i)iaintift; and
the delays for contesting the
same are coni])uted from
the date of the service of
such notice.
. 490. The petition for revi-
sion, and the opposition, are
held to form part of the pro-
ceedings upon the original
suit, and to be a defence to
the action, and, as such, are
subject to the provisions con- .
cerning the contetjtation of
ordinary suits. j
401. if the 0])position is
inaintained, in Avhole or in ;
part, the costs incurred upon i
the execution are borne by '
the plaintiff. •'
493. If the opposition is
maintained by reason of anv
irregularity in tho proceed-
ings of the plaintiff, the court,
in maintaining the opposi-
tion with costs, may con-
demn him to such further
costs as he may think of it, i
-at not exceeding in amount !
the sum deposited by the ^
defendant.
493. If no opposition is
made to a judgment rendered
in vacation, the allegations
of the declaration are held to
be admitted and proved.
SECTION If.
OK IlEVIEM- nKKORE THUEET
JUDGES.
494. A review may be had r
—1. I pon every final juds--
ment from wjiich an appeal
lies. excei)ting the case of
artic e 343 J mentioned in
article 5889 of the Revised
statutes of Quebec ;— 2. Upon
every judgment or order
rendered by a judge in sum-
mary matters under the pro-
visions contained in the third
part of this Code; -3. Upon
any judgment rendered on
any petition or motion to set
asKle or quash an attachment
be, ore judgment or capias ad
respondendum ;— A. From all
judgments in matters con-
cerning municipal corpora-
tions and municipal offices,
on proceedings taken in vir-
tue of chapter ten of title
second of book second of the
second part of this Code. (A'
'S. ^., art. .'5906).
495 The review takes
place before three judges of
tlie Superior Court, and the
.judge who has rendered the
judgment complained of can-
;'9«Qy^«o»eofthem.(/rf., art.
496. The review of iudtr-
ments rendered in the dis-
, tricts of Montreal, Ottawa,
Terrebonne, Joliette, Riche-
lieu, fet. Francis, Bedford,
bt. Hyacinthe, Iberville and
Beiiuharnois takes place at
the city of Montreal : that of
juugments rendered in the
districts of Quebec, Three-
ir.
ir.
^E THKKBT
ay be Imd :
nal jiidg-
an appeal
e case of
tioiied in
3 Revised
I — 2. Upon
or order
:e in siim-
r the pro-
tlie third
—3. Upon
dered on
ion to set
tachment
cajnus ad
Prom all
ers con-
corpora-
1 offices,
'Ti in vir-
of title
id of the
ode. (Ji,
'' takes
udp:es of
and the
ered the
i of can-
/rf., art.
>f judg-
the dis-
3ttawa,
Riche-
tedford,
ille and
>lAce at
that of
in the
Three-
CHAI'. I, OF REVISIO.V.
Rivens, Sagiiciuiy, Chieou-
™i. Ga.spe, Rimouski,
Kamouraska. Montmagnv
eauce and Arthabaska, a
the city ofguebec.
) .*!!l" -^^''f ^■"■'''^' cannot
be obtained, until the purtv
dcnianduifr it ha3 deponited
in the office of the prothono-
t-'iryot the court which ren-
dered the judgment, and
withni eight days from the
dateotsuchjudgment,asum
ot twenty dollars, if the
amount of the suit does no^ '
exceed tour hundred dollar^"
or of forty dollars if tlie
amount of the suit exceeJs
tour hundre.l dollars, or if
the review is taken in virtue
of paragraph 4 of article 49 1
or if It be a real action; to-
get.ier with an a.lduional
sum ot three dollars for niak-i
ing up and traiisniiitino- ihi-
record, when the Judgment
has been ren.lered el.sewnere
than m the cities of Qm bee
and Montreal— TI.e amount
thus deposited is intended to
pay the costs of the rcv^ <w
incurred by the 0})pa.:ie
P'-irty. if the court sliould
pant them, if not, it is re-
turned to the party by whom
It "as depo<5jted. (R S <i
art. 5008). ■ ■ '^■'
498. As soon as the neces- I
•^ary deijosit has been made,
and not before, the parry may f
nle, in the same office, an
inscription for review, notice ^
01 which must hH o-ivp., iQ
the opposite party, "and" the ^
prothonotary is then bound
to tiansmit the record, with- i
out delay, together with a
75
copy of the ju<lgmonts and
orders rendered in the case,
to the piothonotftiv of the
superior court at th- place
where the ca,-e is to bf heard,
11 It IS not there alreadv.
.•*»». The deposit aiid ins-
cnption have the effect of
staying the execution of the
judgment and the appeal.
oOO The inscription need
not he for any particular da V.
out tlio case must be heard
in Its order, on the day in the
s'ttings in Review next after
tiK-' exj.iration of a delav of
eight days from the day on
,^V^"^'i the notice of inscrii*.
' J{«" "-'-^^ 'iled in the office of
tlie prothonotary of the court
in winch the judgment was
endered.-ln the district
of Quebec the last four days
ot each month are fixed for
tlie sitting of the superior
court 111 review.— In the
•tistnct of Montreal, the court
may appoint special dayd
tor such review. (A'. .-,' 6
art. 5009). '^''
I 500a. Cases instituted in
' ^''''^"^ of paragraph 4 of
ov .\' 'n^^r '"^■^' P^'^codence
5^1' '^" "tiler cases, (/./..art.
rtoi. The prothonotary to
whom the record is tmns-
mit ted ,s bound, as soon as
ine has received it, to set
! down the case on the roll for
hearing, and if the ca.se b-
pending HI the superior court
-' Queooc or MouLreal, he is
bound to place it on the roll
a^-* soon as the inscription
and notice are filed.
50f. The jurlgment in re-
7
MaMMOH
7«
CODE OF PROCEDURE, PART II, HOOK I, TIT. II.
View may be ren«^ered in term
or in vacation, by all tJie
judges who heard the case,
"r liy a majority of them ;
and the judges mav confirm,
reverse or alter the original
judgment, as the case mav
require; and their decision,
together with tlie record,
must be sent back to the
<;ourt in which the case was
first decided, to be there re-
gistered as being tlie judg-
ment in the suit, at the same
place, in the same manner
and with tlie same effect, as
if It hiid been rendered on
tlie day upon which it was
received by the prothono-
tary.— Whenever any cause
iias been heard in review by
threejudges, and at the least
one of the judges Avho heard
the same is present in court
and ready to render an in-
terlocutoiy or final judgment
therein, then, if any judge
Avho heard the cause, and
would be competent to sit
in judgment therein, be ab-
sent by reason of his appoint-
ment to another court, of
sickness, or any other cause,
but has addressed a letter to
the prothonotary of the court, i
containing his decision in '
thccnseand signed by him,
or has, in testimony of his
concurrence therein, signed
a judgment to be delivered,
and delivered by a judge so
present; such judge is deem-
ed to be present for the pur-
pose of such judgment, and
tiie decision so transmitted
and signed by him has the
same eft'ect ns if delivered or
concurred in bv him in open
court.
I'tOS. Xo change in tlie per-
sonal composition of the
court, by the appointment of
any assistant judge as puisne
judge, or tiie appointment of
a i)uisne judge as cliief-jus-
tice. or by the resignation,
deutli, orapi)ointment to ano-
ther court of any chief-justice
or of ai>uisne judge, or of an
assistant judge, can have
alone the effect of rendering
a rehearing of anv case ne-
cessary, if a sufficient num-
ber of judges wiio heard the
case remain to render a judg-
ment, eitijer interlocutory or
final.
504. If a judge or an as-
sistant judge, wiio has heard
a case, together witli other
judges, is removed to another
court, or is appointed chief-
justice or a judge of the same
court, or of another court, or
obtains leave of absence, he
may render judgment, whe-
ther interlocutory or final,
together with the other
judges, as if no such change
had taken place.
CFIAPTER II.
OF PETITIONS IN REVOCATION
OF JUDGMENT.
."05. Judgments wliich are
not susceptible of being ap-
pealed from or opposed, as
hereinabove provided, may
be revoked, upon a |u>tition
presented to the same court,
by any person v.iio was a
party to or was summoned
CHAP. i„, OP OPPOSITXOXS nv THinr) pauth.-.s.
the following caries : - 1 ,
\Vl.er(. tnuul or artifice has
;een made „se of by the J!
IOMtepart3-;_2. Whenth.-vi
W I.ecn roM.lerod upon lol
c-unent. which havl i^en '
onl-su.sequcntly.iiscovereS
to he false, or upon anv
unauthorised teudol- or con^
sent disavowed after judrr.
went ;_3. When, since tlun-
;«-ere rendered, d^c.uient of
a conclusive nature have
heen discovered which 3
been withheld or conceaicHj
0} ilie opposite jjarty.
506 Jt can be "received
??t-^ ^".'■'"g tl^e six months
<^ner the discovery of the
''•aud or the falsitv.or of 1 e
documents withhldd, and i'
f, "flier cases only durino-
the SIX months after'the judg".
ment, or a notice thereof has
been served.
l^V^J'!te"^^"^^^»"otpre-
77
The court may also friyg
J'Hlgment at the same ilme
Pon the petition and upon
I.e merits of the orig/ual
^u t. In all cases it adjudi-
..itesui.on the costs of' the
iirst judgment, accordinrr to
circumstances. °
CHAPTEf? HI.
OF OPPOSITIONS liV THIliO
PARTIES.
11 spend is
court or
y-^torstay execiuion ^;
less an order to
granted by the
judge
r,08 The attorncv who
.acted or a party in the cause
or 'SUit may a so represent
him upon the petitioirin re-
location of judgment, with-
re^piiiid.""' ""''''' ''-"g
eroun'rlJV'"^'"'? sufficient
giou dsfora petition in re-
vocation of jiJdgment, the
court may renlacef hop'., .';"!:
|U the same position as they
•ind the proceedings are the
same as in ordinary suits'
interests are affected bv a
.ludgment rendered in a rase
■u which neither he nor per-
^ons representing him were
made parties, may file an od-
position to such Judgment.
oil iiijs opposition is
formed by means of a pet -
■on to the court which inust
(ontam an election of domi-
I cile on pain of nullity, the
grounds of opposition; and
proper conclusions, and must
e served upon the parties in
the cause, or upon the advo-
cate, who represented them,
'tit is made within a year
and a day after the judg-
ment.-The opposition iu si
moreover, on pain of nullity
je-aceornpanied with an affi-
u-iMt of the opposant, or of
^«7^ «tl'er credible person
that the allegations contain^
n?o'K^'l'''\"HH"sition are, to
: the best of h s knowledU
I „ '^*''- .-^"t-'pioceediugsupon
opi.os.t,.ong by third parlS
' re the same as upon or-
dinary suits.
m WM
1;
I!
CODE OK rnoCEDUUE, TAHT H, HOOK r, TIT. HI.
IJiKlgiTK'ntg iTiidered liv the-
Biiperior court lies to the
CHAPTER IV.
Oy APPEALS.
I court of queen's bench, as
1 hereinafter provided iu ' the
ALT. An ai)pcal from all fourth ijoul^.
TITLE III
OF THE EXFXtTIOX OF JUDftMENTS.
CHAPTER [.
OP THE VOI.UXTAUY EXECUTION
OF JUDGMENT.S.
SECTION!.
OF PCTTINO IN SECURITV.
514. Every judgment or-
dering security to be given
must fix the" time Avithin
which sureties shall be of-
fered.
51.5. Sureties are offered
after notice served upon the !
opposite party, and when not I
objected to, tlicy enter into a j
bond at the prothonotarv's
office.
51G. Except in cases Avhere
tlielaw requires only person-
al justification, if 'a surety
is objected to, he may be re-
quired to give in a clcclani-
tion of his real property, to-
gether nith his title thereto.
Sureti(>s may in all cases, be
required to justify on oath,
their sufTicieucy. and thejud- '
ge or prothonotary may re-
ceive and administer the' ne-
cessary oath.
517. A surety may be ob-
jected to :— 1. If he" has not
the (jualifications required
according to the title Of'Surc-
tyxhip in the Civil Code :—
2. If he is not sufficient.
518. The sufficiency of a
surety is decided upon the
documents and affidavits pro-
duced, Avithouta proof bein'j-
I ordered. "
i 519. If the surety is accept-
ed, the bond is dra's^n up and
entered into, in conformity
with the judgment, and pe-
mains in the i)rothonotary's
office us part of the record' in
the case.
530. The acceptance of su-
reties is decided upon sum-
marily, Avithout any petition
01 writings, and the bond is
entered into notwithstanding
oppositions or appeals, and
without prejudice thereto.
SECTIOX II.
OF ACCOrXTING.
531. Eyery judgment or-
dering an account must fix a
delay for rendering it.
53?. The account must be
rendered nominately to the
party entitled to it • it must
be sworn to and be filed in
red liy
the
ies to
the
bench
a:?
Jed iu
ihe
CHAP. I, OF THE VOLCNTAKY KXlXiriOS, ETC.
(heprothonotan- sufticewith-
I'l. the delay fiked. together
^wMi t he Vouchers in supi.ort
thereof. - The court niav.
However. „poD motion, of
^yhich wotice ha.s been dtilv
givcn, extend the delav for
rendering the account. "'
533. The account raust con-
tain, under separate head.s,
the receipts,, d expenditure
and close with a recapitula-
tion of such receipts and ex-
penditure, establishing the
balance ; whatever remains
to be z-ecovered to be reserved
torasej)arate head
79
f 34. Under the head of re-
ceipts must be placed all
sums which the accounting
party has received, and all
tliose that he ought to have
leceived dnnng his manage-
ment. ^
535. The accounting party
oannot place under th" head
ot expenditure the costs of
the judgment ordering him
;> account, unless he is au-
tliorised to do so by the
<'ourt ; but he may charge
mi der that head bis travel 1 in.-
expenses, the attendances o?
tiie attorney who made up the
account, the cost of presen-
ting and verifying it, and of
Avnatever copies thereof are
lequired.
53G. If the account sho\ys
an excess of receipts over ex-
penditure, the party to whom
It IS rendered may provision-
M^ V ''^^Jijand execution for
the balance, saving his riHit
to contest the remainder of
itie account.
337. Parties accounted to
are bound to tuk;^ communi-
cation of the account an<l
vouchers at the j.iothonota-
ry s office, and to file their
contestations of the account
If they contest it, \vithiu a
delay of fifteen davs, Avliidi
may be extendeif by the
court or a judge uponappU.
cation pursuant to notice.
538. Parties accounted to
whose interests are the same
must name the s.aroe attor-
ney : If they do not agree in
their_ choice, the attoriiev
hrst in the case remains at-
torney of record, .saving the
right ofotherparf iesaccounr-
ed to 'o employ attorneys of
t lieu own, upon payment of
all costs occasioned' thereby.
539. The accounting party
has a delay of eight davs af-
ter the hlmg of the contesta-
tion to file his answers in
support of his account, and
the other party has a similar
delay to file his replications.
330. In default of filing
the contestations, answers or
replications within the delay,
the party bound to file them
is held to admit whatever ig
contained in the document
lie Jails to contest.
531, ^fter the issues are
completed upon the account
rendered , the court may order
the parties to i)roof respec-
tively, according to the or-
dinary course, or may refer
the ca.sp for settlement to ar-
Intrators, or to a practitioner
or an accountant, accordino-
to its nature. "
533. The judgment upon
the account must contain a
80
COOK OK I'liOCKDUHE, PAItT 11, noOK I. TIT. MI.
mi
H
1:1
oonipi.tation ,,f til. rmMpf.,!., tlio surrender, ncainst
an.l vKp.,uhuuv. and o.tal.- whom nil ..iterior proS-
lisli the buhinco if there be
nuy.
r>:i.'J. Iftho defendant fails
to render an account, tlic
]>iaintifr may j»roceed to have
one made oiM iti the manner
mentioned in the article 52;!.
SECTION III.
OK SLHIiKNDKK.
intrs are directed.
537. The curator has a ri<rh1
to collect the rents, issues and
l)rohts due and accrued from
the time of the surrender, and
may even }rr„„t leases if the
sale IS prevented durini,'any
considerH!)le time.-The rents
issues and profits of the im-
moveable surrendered are
treated as realty, and arodi.s-
tiil)uted in the same manner
iis the price.
AND
5.'14. The voluntary execu-
tion of any judffiiient or-
dering tlie restitution and
delivery of anv moveable or
immoveable thiiitr is elfectcd,
unless the judgnjent makes
other provisions, bv deliver-
in?.!',"', '";^'"^''^;'/^^ •'■''.i^'ct and 538. A tender, or a puttintr
suienderiiig the possession in default to accept, must
of the immoveable, in such a describe the object o fend -
manner that the party enti- i and if it be of money it mist
tied thereto mav take pos- ! c<,ntain an ennnS'ion and
SECTIOX IV.
OF TKNDEU (iK.NKIi AM, V
I'AVMKNT INTO COritT,
scsion of it; and this must
be done in conformity with
description thereof,
C39. Tender may be made
the judgment, and the pro- hianauilZ^cS^Z^'Z
visions contained in the title | iu any other mannei vl id
Si^'''"''"' ni the Civil a.^its of its being l^X
R'iK Ti. 1 i PiO\ca. — lender may be
Unn ;■ -^ y"J"ntary execu- , made in a suit by demandin<r
tionof a judgment ordering i record thereof, and must bfe
accompanied with payment
into court.
'^iM. Tender may be made
at the domicile elected in o
contract.
541. The authentic docu-
the surrender of an hypo"
thecated immoveable, is af-
fected ]\v means of a declara- '
tion of the defendant, filed i
in the prothonotary's office, !
to the eflect that he surrenders' „..,. ,„^. Humeniic uno,,
|t lu compliance with the n.ent recordir the tender f
.ludgment and by his relin- : there is one, mn t Ttaillho
quishing his possession. : answermnrlo l,v tV ..^%v-
53G. V\ hen an immoveable ' or the person" represen'tinc-
istlius surrendered the court i lnm,thefkctof hisbeing^^^^^^^^^^
^n-judge. upon application of j upon to sign such ang.ver
the plaintiff, names a curator I and in default of his s-nml
lit.
f, agiiinHt
f procci (I-
liasiirijrhl
issues ii 11(1
M-ued from
endcr,aii(l
'uses if tiK'
liirinuj any
Tlio lenta,
of the ini-
cred !vro
11(1 iiiod is-
le iiuuinci-
UJ.Y ANI>
OfKT.
a putting
'l)t, must
offered ;■
y, it must
ition and
be made
uuietit. or
lir which
r legally
may be
maiidiug
must he
pHymeut
be made
ted in a,
ic docu-
iender, if
itatc the
'Tcditor,
esenting
ig called
answer,
is signa-
CHAP. ir, OP coMi.rr.aoKV kxecttio.v of JLD(;MK.vrs.
SI
-14- A ,1,1. . , !''-^l'-'^-t '" ^rhirh the
'^4.. ^\ (](.!,(, H- who has ! issued, \vh(
">a.le a tender and is after- ' in sneh district o.
writ is
lo rnav execute if
ever ,„„,,.,. „,, „,„vi'i„;';;;,,-j 'x; . , Lt t,; ;^,,;; r
I'usu Ml in sum in the f,a'n- i manner as oriffinal writ. ;f
eral deposit office of the pro- must be r f o .1 , /.
viD.e, the production of the ! con t an n, n e i o ', It'
receipt forsuch depositavails date of fh ud J to be
n lien ot the renen-al of the exe<-ute,l and fix the dn - .u?
^ o'M:!t ti^>"^"""" ^^- r:"'^" '^ --tunu:.>h.:ov.';?
_•::.''' V.'''^^'^)- Q., art. r/.n?,).
«4:j. Moneys paid into
court, cannot, without the
authorization of the court, he
withdrawn hv the party u-lio
paid them in. — Unless the
tender is conditional the par-
ty to whom it is made is en-
titled to receive tlie moiu'vs
paid in, without prejudicin<.
his claim to the remaindei"
''>44. The expense of the
fl4«;. Judi,anonts can only
1)0 execute<l upon the party
uj,Minst whom ihevare rend-
ered —11 he chaiijr'es his civil
status or ilies before exocu-
t'mi, judgment cannot be
executed against hini nor
against his representatives,
unless another ju.lgnient is
')i>tained, declaring that the
former m.ay be enforced bv
payment into court are borne
by the creditor.
CHAPTER 11.
OF COMPULSORY KXECimON OK
JUD(iMKNT.S.
SECTIOxV r.
r.KNKRAL PROVI.SION.S.
545. The judgments of a
court can only be put into
. 'Ji' IHS representa-
tives or assigns in the other
— ihit if the party dies or
, changes his civil status after
j execution hasconinienced,the
I execution continues.
;547. Ifthe judgment docs
not order a thing that is pu-
rely personal to the plaintiff,
It may be executed in his na-
me, even after his death ; but
It any contestation arises
upon the execution, the re-
presentat; res of the deceased
party must int,«u vene.
r.48. When tlie judgment
Sovcre,g„ „„., a,ld,ossea to cl,^,ir%A'L:^Z
82
coDK OK pitocEnrnE, paut it, hook i, tit. hi,
may use the nccossary forcR
<or fiiat jxirposc ; obsei-virig,
liowcver, at tiie same time,
ainu'cessaiy formalities.
olSrt. Wiienever in .itiv
ufrulavit estalilisbinfr circum-
stiiiicoH under wliich simple
attftclnMPiif mij^ht issue hot'ore
.iii(i<,nnent. the ju.jfre may al-
low execution to issue before
f - : 1 '',,"' execution has tlie expiration of fifteen davs,
issued, and by reason thereof
a demand of payment has
J'oen made upon "the defen-
•iant, no other demand of
l>ayment need be made in
such suit previous to the fur-
ther execution of any other
such \vrit,W'hetherin the same
or in any other district. (R
-S'. V-, iirt " - ■
5914).
SECTION TI.
OFEXECCTION I.\ liEAI. ACTIONS.
549. When a party con-
demned to surrender or res-
tore an immoveal)ie refuses to
do so Avithin the delay pres- ^, luu
cribed, tiie plaintiff may ob- yersed
tain a Avrit of possession to
f'joct him and to be placed
in possession.
O.50. Tlie officer entrusted
"With the execution of such
■vvnt must be accompanied hy
two witnesses, and draAv up
a minute of his proceedings.
OF
SECTION DT.
EXECTTION IN PEKSONAL
ACTIOXS.
.^31. Judgments for the
payment of a sum of money
cannot be executed before the
expiration ufSfteen days from ^,„„„.,,.„., „, ,^^-„ ^
their date—Nevertheless up- moveables of his in the dos-
on an application of t/.e session either of such cXor
plaintiff accompanied by an himself, or of tliTrd persons ,
but the sale c:innot, take place
any sooner than if the writ
of execution had issued after
the ordinary delay.
rf-t'i. In ail suit's accompa-
nied will) attachment, either
in the hands of t»ie defendant
or of third persons, in which
the defendant has only been
summoned through news-
papers, a judgment rendered
liy default cannot be execu-
ted v.-ithin a year, unless the
plaintiff, in the jjivsence of
and to the satisfaction of a
judge, gives good and suffi-
cient sureties to pay back the
moneys levied, in 'the event
of the judgment being re-
versed upon revision, to-
gether with the costs of such
revision. — This provision
does not apply, however, to
judgments rendered for wa-
ges or salaries due for the
manufacture or conveyance
of rafts attached for the pay-
ment of such Avages.
5.53. Saving the provisions
of articles 1743 to 1748 of the
Revised Statutes of the Pro-
vince of Quebec, respectin"-
the protection of settlers, a
creditor may cause to be
seized in execution the mo-
veable or immoveable pro-
perty of his debtor, in the
jiossession of such debtor, or
CHAP, n, OF COMPLLSonv EXKCLTIO.V OF JLn..MK.NT.S.
}f the latter do not ol.ject ;
iMiit-y do. the creditor must
iidoi.t a seizure hy ffamish-
nicut (R.S. <i>., art. 5915).
^■504. A creditor uiav exor-
ei-cise at tije .-^anie time the
<(i»ereut mean3 ot execution
^vhjcli the hiw allows him
He may cause the moveable
property and the immovea-
'•les to be seized under the
same writ, but he cannot pro-
fted to the sale of the immo-
veables until after the movea-
bles have been discussed
savin<,', nevertheless the spe-
cial provisions of law con-
cerning building societies,
cases of pledge, and the case
mentioned in article 007 ■
and saving also the cases of
judgments rendered for the
recovery of rents constituted
I'o"-. '' tlje seigniorial act of
18j4, and of judgments de-
claring hypothecs.
, *>35. Seizure of raoreahles
inexecuiiontakes place under
a writ addressed to the sheriff
or a bailiff of the district in
winch the writ issues, who
may execute it in such dis-
trict or m any other district
J^^'^i^dressed to the sheriff, or
bailiff of the place where the
debtor's moveable property
IS situated, ordering him to
levy the amount of the debt
interest if any is due, and the
costs, both of the suit and of
the execution, and such writ
IS made returnable on a day
"if lu ■' ~°""^i"" possible.
—it there be no moveable
property to seize, the writ
may be addressed either to
the sheriff or a bailiff of the
83
clJstrict in winch ju.ignient
,V".''"--"fr'''''"'' "the sheriff
or a b.,,l,ff ofthe district in
"I"ch the debtor has his
I Uomicile.-n the creditor has
i-cocived any part ofhisjudg-
'nont claim, lie is bound to
I'lake mention of it on the
'-ack of the writ of execution.
— U hen the moveable i)roper-
ty to be seized is at a distan-
ce of more than nine miles
• from the place, where the
• ;\'''t issues, the party suing
out the writ, or his advocate,
may, hy a written notice re-
quire the sheriff or bailiff to
, employ for th.. seizure a bai-
I ift residing in the locality
whereitis to take place, and
, he sheriff or bailiff is bound
to comi)|y ; and in doing so
he is treed from any liability
resulting from irregularities
or informalities in the execu-
tion of the writ. (Ji s n
art 5916). ' '' '
§ '^•— Of seizure of moveables.
i^!!!^^^ ^>'if''0"'t prejudice to
t/u special provisions of ar-
ticles 1,43 to 1748 of the Re.
f^?. Statutes of the Province
ot, Quebec, respecting the
protection of settlers! the
debtor may select and keep
from seizure :-i. The be(f^
bedding or bedsteads in use
bv hira and his family ;_2
Ihe ordinary and necessary
^yearlng apparel of lijm^eff
and his family ; _ 3. Xwo
stoves and their pipes, one
pair of andirons, one pot
liopk and Its accessories, one
pair of tongs and one fire
COOK OK rnocEDPni:, part ir, nooK i, tit. nr.
shovel ;— 4. All the cookiiijr
utensils, knives, for k.s, sjiooiis
and erockety in use l)v the
family, two tables, two'ciip-
boanls or dressers, one lamp,
one niiri'or, one washinij
stand with its toilet accesso^
ries, two trunks or valises,
the carpets or mattinj,' cover-
in jr the floorrf, one (dock, one
sofa, twelve chairs, provided
that the total valne of sn(di
tdfects does not exceed the
sum of fifty dollars ; the debt-
or having in case of seizure
the right to choose the things
that he niav retain to the
amount of the said sum ; i
—5. All spinning wheels and ''
■weaving looms in domestic
use, one axe, one saw, one
gun, six traps, such fishing
nets, lines and seines as are
HI common use, one tub, one
washing machine, one Wiing-
er, two pails, three ilat irons,
one blacking brush, one
broom and fifty volumes of
books, all thefamilyportraits
and all drawings and paint-
ings executed by the debtor
or the members of his family
for their use ;— G. One sewing
machine in the hands of
tailors or milliners or any
person earning his livelihood
by working for others with
such sewing machine ;— 7. j
Fuel and food sufficient fori
the debtor and his family for '
three months ;— 8. One span '
of plough horses or a voke of
oxen, one cow, two pigs, four
sheej), the wool from such
sheep, the cloth manufactured
from such avooI, and the hav
and other fodder intended
tor feeding the said animals r
further, the following agri-
<*ultiiral implements or uten-
sils : one ])loiigh, one har-
row, one working sleigh, one
tumbril, one hay-cart with
Its wheels, all harness neces-
sary and intend for farming
purposes;— y. Tools and im-
plements or other chattels
ordinarily used in his trade
to the value of thirty dollars ;
—10. Bees to the extent of
fifteen hives. Xevertiudess,
the things and effects men-
tioned in paragraphs four,
nve and six, are not exempt
I from seizure and sale when
the suit is to recover the
luice of their purchase, or
t/ijiv have been given in
I';*>ri. (/(/., art. 5!»]7, as
nni?(uird by 52 Vict., cap. oO).
w'y. Books of account, ti-
H<-s of debt, or other papers
in lilt, possession of the debt-
or, are exempt from seizure,
saving what is mentioned ia
article oCS.
.'538. The following are also
exempt from seizure :—l. Con-
secrated vessels and things
used for religious worship;
—2. Alimentarv allowance
granted by a court ;— sums of
money or objects given orbc-
queatiied upon the condition
ot_ their being exempt from
seizure ;— 4. Suras of money
or pension given as aliment,
even though the donor or
testator has not expressly de-
clared that thev shouM be
exempt from seizure ; — 5.
Wages and salaries not yet
due; — G. All vessels, boats,
and other fishing craft, tackle,
CHAP, n, OP coMPn..so,:v kxkclt,o.v ok .t-noMExra.
nets, sci
'H'.s, lines or othe
l»iovi
hshiii|rapp.iratw, and,,.,,,,.
'='ib3i.su-nc;e and that of his fa-
mily
^1' ''T hid fisliiii
g oi)e-
rations. Such cdlbcts may,
honovor, bo seized ar.d sold
toi their piurhase price, but
not betvveen the first dav of
-May ami the first dav ofVn
veniber. Alimentary all..u-
ances and thin;;s m-ven as
alunent may however be
IV debts, (/.'..v. V.,art.:>r)l8, ,
as^^amejuied by 52 Vict.;;
r>5{). The seizure of movc-
ablcs and moveablepropertv
jsesta lishodbyaninve;,tnv
^ladebythesherit};orhisde-
I)uty, orbyulmilifrauthoriz-
edby lum to that effect or by
tfie bailiff entrusted with tlie
vvTit of execution. (/,/., art.
5919.
560. The inventory nin.st
contain ;-l. Mention of the
actual domicile of the crc-
wrtot execution, its date,
and Its purport :-:j. a des-
cription of the things seized
their number, weight and
measure according to their:
nature ; and, in addition, in '
the_ca.se of the seizure of a ■
registered vessel, a copvofi
the certificate of ownership
of such vessel, or of the prin-
cipal contents thereof :— 4
intment
8a
and of the uitnes.ses. in the
';ase of artiel.' .")G;t or men
^'^>'/ tl.at they cannot .S
«n.<i the signature of the
Hnzing ofIioer:-(;. Mention
Of. llie day on which the
■:'f'zureis made, and wiiether
It was mide before or after
no.Hi.-The sheriff „r officer
inaking tlie seizure is bound
toaecepta..olventdepositarv
oflered by the debtor, and ia
^ichea.so lie is u.-t answer-
a.Me for the acts ofthedei.o-
i^itary, d lie pro\es that when
be accepted him such depo-
sitary H-a.s solvent to the
and bailiffs cannot take their
relations or connections, tu
;thedegroeofcou3ins-german,
i a^ guardians or depositaries
<Jt tfie things seized. Nor
; can they take as such the
.jndgmentdebtornor his wife
HoKty^^^'^-'Pain of being
guar
dian, or the name of the de-
positary furnished by the
debtor ;-5. The signature of
the guardian or depositary,
i.-oKi n V, "" 1'"'"' <" oeing
I'able for all costs and dama-
ges. Brothers, uncles or
; nephews of the judgment
! debtor may be appointed
guardians, It they con,sent ta
'■ifn'-f-i '^^^'' ^^^t«'' «'"=^t
ai:^o, If he is present, be called
npon to sign the inventory,
and his ref sal or inabilitV
to do so, or i,is absence must
be stated. (M, art. 5920)
ho'^oVi '^l'^- ^"X^ntory must
I be at lea,st in triplicates, one
I ot which must be given to
he guardian or depositary
and another to the debtor,
and each triplicate must be
sjgned by all those whose
signatures are required by the-
preceding article. ^
IMAGE EVALUATION
TEST TARGET (MT-3)
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Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, NY. 14580
(716) 872-4503
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CODE OF PROCKDCRE. PART If, HOOK I. TIT. 111.
nC'i. Tlie guardian or de-
positary has a right, at the
time of his appomtmcnr, to
remove the property iti order
to keep it in charge, and to
place giiard.^, if necessarv, in
the* place where it i?.— If tlie
seizing officer cannot find a
reP])onsible gnardian or de-
positary, he mav, after serv- '
ing the inventory upon the
debtor, have the things taken
away and removed to a phice
of safety, until he finds such
gu,'\rdian or depositary.— If
tlie person aitpointed guar-
dian or depositary becomes,
"ivhile the seizure" lasts oris
suspended, insufficient to be
responsible for the property
seized, the judge may, upon
the application of the prose-
cuting creditor, authorize the
nppoMitnient of another per-
soii sufficiently solvent or
reliable, and may order that
the property seized be placed
under his care, or in his pos-
session, by the sheriff, after i
a verification and inventory
of the whole has been made
*}G3. The sheriff or the i
bailiff, upon an order from '
the judge, granted for cause
shewn, upon application in
Avriting by the creditor, may
liave effects seized in the
country parts removed to the
nearest town, or some other
place specified, in ordt.- that
lie may there sell them.
364. If current money is
seized, mention of its kind
and quantity must be made
i oG5. Debentures, i»romis-
! s_or\- notes, whether nego-
I tiable or not, shares in Imnks,
I or other commercial or in-
j dustrial associations, and
I other documents of coraraer-
I cial value, payable to order
I or to bearer, "bank-notes in-
cluded, are liable to seizure,
and may be sold like all
other moveable effects be-
longing to the debtor.
5cc;. The seizure of shares
in any financial, commercial
or industrial company or as-
sociation, duly incorporated,
is made by servingsuch com-
pany with a copy of the writ
of execution, together Avith
in lilt' inventory,
sheriff
■ a notice that all' the shares
held by the defendant in such
, compan}' are placed under
execution. A similar notice
; is served upon the debtor.
567. If there is more than
one place at which the com-
pany may be served, the ser-
vice hereinabove mentioned.
! when made elsewhere than
at the i)lace where the trans-
fer of shares and the payment
! of dividends may be validly
made, has no effect against
subsequent purchasers until
a sufficient time has elapsed
to allow notice of the service
to lie transmitted from the
place where it was made to
the place where transfers of
shares should be entered ;
and the company is bound to
effect such transmission. —
The seizures of such shares
includes all benefits and prn-
and the , fits attached to them.
must return it with .S68. The sheriff has
the other moneys levied
a
right to demand from tht
CilAl'.
or in-
". OK COMPCL.onv KX.cCTiOK OK .irOGMENT:
party seizing ivliatever sums
ofuioaeymay he ueee.ssarv
lor the safe-keei)ing of the
property seized, accordiurr to
tne provisions contained" in
articles 847 and 848
5G». If the debtor is ab-
sent, or if there is no person
toopenthedoors, cupboards, I
tiunlxs,or other closed places
0" it he refuses to open them
the seizing officer must dmw '
87
up a minute of the fact, and
thereupon the judge, or in
Ills absence the prothonotarv
may oraer the opening to be
effected _ by alf nec°es3^irv
means, in the presence ^f
two witnesses, and with such
Jorce as may be required,
without prejudice to coercive
imprisonment in case of re-
fusal, violence or other idiv-
sical impediment. (H S (i
art. 5021). ' ^'^
570. If the debtor has no
domicile, in the province, or
tias ceased to reside with-
in the district in which the
judorment was rendered, the
triplicate of the inventorv
of seizure is left for him
at the office of the protho-
^°2^JJ.>' of the court, (yi., art.
^^~'}\ I.mmediate notice
must be given to the debtor,
and to the guardian or depol
sitary, of the ],Iace and time
at which the moveables wil'
be offered for sale.— If the
debtor has no domicile in the
province, or has ceased
resid
« within the district
prothonotary of the court,
(/a., art. 59l';J).
.5T3_. Saving the exception
contained m the fbllowing:
article, the sale of moveablel
must be published bvpostin-r
and reading a notice, in a
oudand distinct manner, at
the door of the church of the
place where the seizure ha*
j 'x'en made, inimediatelv after
I mofning service on the Sun-
day next after the seizure-
and If such seizure was not
made within a parish, the
pnhhcation must be made at
some public i.lace in the mu-
nicipahty, and the sale can-
not take place before the ex-
piration of eight days, reck-
onnig from the davofsuch
publication, and a certificate
tJi snch publication must be
annexed to the record of the
execution.
573. In the cities of Que-
bec and Montreal and in the
town of Sorel, the sale of
nioveables seized is advertiz-
ed only by a notice, statin<>-
summarily the names of th"
parties, the nature of the
etteets and the time and i)lace
of sale, inserted in French in
a newspaper puldishi-l in
tiiat language, and in P:n-
glish m a newsjiaper publish-
ed in the English languao-e ■
and if there should be Snt
one paper in the place, or if
ail the papers are published
in but one of such languages,
to tiien the not
which the judgment
dered. the notice
isuict in serted in both languag
l^^vfn- one paper; and a d.inti
ice must be in-
nages in
for h
im at the office of th
may be left of such not
e m the sheriff's office fr
plicate
ice must be posted
om the
I it
88
CODE OF rnoCKOUKE, PART II, noOK I, TIT. III.
I
111
1 1
time of such adverfisemcut
in a newsp.'ipor, until the dav
of the sale, which canno't
take place until after the ex-
piration of eight (lavs from
the day of such puhlicatiou.
—No more than two dollars
13 allowed for the cost of
such adTcrtisement. (Jl.S.O
art. 5924). '^''
574. Seizures in execution
can only l)e made between
the lioftrs of seven in the
morning and seven in the ■
evening, except in cases of
fraudulent removal, and may
if necessary be continued on
following days, affixing seals
or placing guards.
575. Seizures cannot be
made on Sundavs or holi-
days, except in cases of frau-
dulent removal, where the
property is found upon the
highway.
576. If the property has
been utt.ached before judg-
ment, it is not necessary to
proceed to a verification, 'but j
It is sufficient to give notice '
to the debtor and guardian
or depositary of the place and
time of sale, as prescribed in
in article 571, and to give the
notice reqi.ired by article
572 or 573, as the case may
577. If the moveables have
already been seized and the
debtor dispossessed, any cre-
ditor making a second seiz-
ure is bound to name the
same guardian, who can only
be discharged by the sale of
the property so seized, tho
consent of all the seizing par-
ties, or the order of a jud>''e
578. Tlie party first seizing,
who does not proceed with
proper diligence, cannot pre-
vent the sale by the next
seizing creditor.— If, when
there is no opposition, the
seizing party does not firing
the moveable to sale within
the delay fixed for the return
of the writ, the seizure lapses,
nnless the dolav for the
return of the writ'is extended
by order of a judge to a cer-
tain subsequent day, of
which order the prothono-
tary must make a note in the
entry book of executions.
579. A creditor who has
made a seizure of the effects
of Jus debtor cannot obtain a
second writ of execution, un-
less the previous writ has
been returned or accounted
for.
§ 'i'—Of oppositiom to the
seizure of moveables.
580. A seizure of move-
ables in execution may bvi
contested by opposition, ei-
ther by the debtor himself,
or by third parties.
581. The debtor may de-
mand the nullity of a seizure
of moveables in execution :—
1. On the ground of informa-
lities in the seizure, or of
the exemption of some of the
articles seized, under articles
550, 557 and 558 ;— 2. On the
ground of the extinction of
the debt ;— 3. For any reason
of a nature to affect the judg-
menl sought to be executed.
— If a part only of the debt
is extinguished, the opposi-
CHAP. „, OF COMPl-LSOnv E.VErCTION OK .UDOMKNTS.
tion 1ms the effect of prevent-
ing the sale for more than is
uue.
583. The execution nifiv
also be opposed by any pa rty
who has a right of ownership
or of pledge in the property
seized. - A lessor 'cannot,
however, oppose the seizure
and sale of the moveables
subject to his claim, and he
can only exercise his privi-
safl "^'^" ^'''^ Proceeds of the
r,83. Oppositions to the
seizi. re and sale of moveables ^
must contain an election of
domicile by the opposant. !
and they stay proi'edings !
provided they are accom-
panied with an affidavit that
the allegations contained in
them are true, and that they
are made not witli the intent
of unjustly retarding the sale
^ut with the sole view of obi
^ng justice. I
84. Such affidavit is I
'iot necessary if the opposi- '
t on jg accj)mpanied with a
judge's order to stay pro-
ceedings. "^ ^
585. Oppositions are serv-
ed upon the sheriff by leaving
^.Vihira the original thereofti
}^ Inch he IS bound to return
into court without delay I
586. After the return of
the opposition, the opposant i
moves upon the other parties
to the suit to declare whether i
they intend to admit or t„
contest It, and in default of
=uei declaration the oppo-
sant has a right to be reliev-
t(l from the seizure, witli
costs against the judgment
89
•'•^.'•toivHilessthecourtother-
wise orders.
587. If the other parties
or any of thom, decl.<!re that
thev intend to contest the
opposition, the contestation
Jd subject to the rules which
apply in ordinary suits.
I 588. The rules concernine-
peremption of suits apply
equally to oppositions.
588a. Article 6G4 applies
also to seizure of moveables
under execution. (A' S O
art. [)'J25).
§ :i.~0/(he sale of moveables
under execution.
.*89. it there is nothing to
prcvei-t the sale of the move-
ables .seized, it takes place at
the time and place meution-
l^clin the noticc.-If the sale
has been retarded by any
/Jbstacle,subse(juentlyremov-
j f, or if there were 'no bid-
ders, new notices or publica-
Itionsmustbe given, but the
j sale cannot talce place after
i ^^l\^^y fi^ed for the return
jOf the writ, except in the
I case mentioned in art. 578
600. The guardian or depo-
lfiVo7f'%^°""l'' at the time
Mixed for the sale, to produce
' all the effects seized, which
\ ^vere placed in his charge
: 591. The Sheriff or other
j seizing oflficer, cannot, either
aiiectly or indirectly, bid
upon the property put up tor
tiierecT' ^''°"^' ''''''^'''''■
S98 The officer conducting
the sale must make minutes
tiiereof, specifying each arti-
90
CODK UK I>UOOEDL-F!E, I'AUT II, HOOK I. TIT. III.
<•!(' put up for sale, tlic naiiH'
iiiul residence of eacli pur-
chaser, and the price of each
purchase.
593. The things seized are
adjudp-od tolhehistandhijrh-
est bidder, subject to imme-
diate jtayment of the price,
and in default of such pay-
ment the thing- adjudged is
iiumediateh- nut up again.
594. The orficer conducting
the sale cannot, either di-
rectly or indirectly receive
anything beyond the price of
the adjudication, under p.,in
of being liable for extortion.
595. The sale must not
proceed beyond the amount
necessary to i)ay the debt in
princii)ai, interests,and costs,
—to thi.s end the judgment
debtor has a right to deter-
mine the order in which the
effects are to bo put up for
sale.
_ 59G. The guardian or depo-
sitary has a right to a dis-
charge or receipt for the ef-
fects which he produces, and i
the minutes of sale must ma- i
ke mention of any effects
which have not been pro-
duced.
697. The guardian or depo-
sitary may be condemned,
even on pain of coercive im-
prisonment, to produce the
property he took in cljarge,
or pay the amount due to the
seizing creditor. He may how-
ever upon establishing the
value ot the effects which he
fails to produce be discharg-
ed upon payment of sucii
value.
598. The adjudication of
movealde property umh'r e.v-
ecution transfers', by law.
the ownership of the" things
thus adjudged.— In the ca.se
of seizures of shares in any
financial, commercial or in-
j dustrial company or associa-
tion, duly incoi'porated, the
sheriff is bound within ten
, days after the sale, to serve
.such company or association,
in till' manner mentioned in
article 5(37, with a certified
' coi)y of tl e writ of execution,
endorsing thereon a oertifica-
j te designating the person to
I whom he adjudged the shares
i seized, and such purchaser
i thereupon becomes a share-
iiolder in the company and
has all the rights and obliga-
tion of one, and may require
an entry to be made to that
elfect, in the manner prescrib-
ed by law, by the officer ap-
pointed for that purpose by
the company.
599. No "demand for the
annulling or rescinding of a
sale of moveables under ex-
ecution can be received
against a purchaser who has
paid the price, saving the
case of rraud or collusion,
and without prejudice to the
recourse of the party aggriev-
ed against the seizing credit-
or and those acting in his be-
half.
600. Immediately after the
sale, the costs thereof, in-
cluding the pay of the ap-
pointed guardian must be
taxed by a judge or by the
prothonbtary, subject in the
latter case to revision, if re-
quired.
CUM'.
"- OF C0MPC7LS0RV EXKCtTTIOX OK JVr^rr.KSr,.
,'~T rf ^!"^ Pfjnnent and
'listnhuuon of the moneys
levied.
01
COi. The moncvs sei/ofl nr
evio.l, after .lecinoting the
.ha,estJ,er,.on and taxed costs
miiff ^"^V^''^''''"-^'•'«■o'•
sa (. to the seizing creditor, I
t "0 opposition for payment
liasbeoM placed in hirimmL"'
t em ,n o court, to await
sicii judgment as to nVht
snah appertain. (^ v n
art 5f)L>G). v •■ -3. y.,
tMedhaveijeen returned in-
to nil f,^ P'? • ' '" preference
dito '"'•'''''■'?"'"'*P*^'^ cre-
dio.s:,say,ugthe right of a
prior seizing party tor his
costs, the case of the ins
vencyofthedebtor, and the
^^.^^fR-ii-ileged claims. ''
,... • r.''^" ♦he moneys are
i-eturned into court, as ^yelI
as in all other cas^s Ihe'e
moneys of^yhich an account
has been rendered into CO rt
or moneys other than tlie pro-
ceeds of immoyeables aifto
be ^distributed, and iusolyen-
c\ the debtor is alleged
the distribution of the moneys
cannot take place until Sg
creditors generally have been
called m upon the order of the
:ourt or a judge published
S'^h languages in the Que-
bec Official Gazette, requifine
them to file their claims wi\h?
" fifteen days from the date
of the first insertion. (R, s
I ««4- The claims may ho
-uieoutiuasummarilal!
icr, and it is sufficient f„r
themtostatethename., L'
opat.oii and residence of the
thnmant, and the nature and
.amount ofhis elaim.-lTh"'
must be accompanied v h
vouchers, if thereare any or
"ot, ^vith an affiday.V iS
tire sum claimed is lanfulh*
GO.-?. The moneys are dis
, tnbuted accordiJig o he
; ordei- prescribed m th!^ m.
and the title O/ Merchants
■^''pnnij 111 the Ciyil Code
Win the proyisions herein!
atter contained.
6»«. The follou ing order
's obseryed as re-^ards L
CO location of judicial cosl!
haie ,— <3. Ihe duty navahl..
upon moneys leyied a d^paid
nto court ;-3. The feefof
the officer leceiyingmontvs
levied orpaidin;_4 T)ie
tees upon the report ofd
tribution;--5.Tl/efeesof e'
advocate presenting the dis!
iuent '?? -^-Z'- ^"^^«' '"bs -
(juent to judgment, incurred
"i order to effect tie seizure
and sale, and according to the
Pnontyofdateorofmiyile!
gc when there are siye'-al
seizing creditors ;-the co fs
ofa prior seizin£rno.-t,h''e
a preference oyer" those o ■,
I'^sTtTo""--^^--''--
jess, It two or more writ^ of
execution issue upon ud^-
ments rendered on the We
8
[ri
rODK OK I'HOCKDIMIK, I'AItT II, IIOOK I, TIT. III.
»1»
*-
«iny u^';iiiis( tlic sniiu' dcltlor
tilt,' Cd.SlS tluMTOIl lUV 1)111(1
rniinirrontly. ~ 7. ('nst.s of
ullixiiiu: ^J^•llls, or of iiivciito-
rit'H, wlicii oidctc'l hy llic
coiirl ;— ili(> pliiiiitiM' is lU'xt
paid his (•o«sts of suit. (/i*. .S'
v., art. Cy[)2S).
<>«>7. Till' crown 1ms a piv-
I'lTi'iicc over nil oiIut ci-odil-
ors upon I he i)rot't«('ds of
«'.\('i'iitioii against, movoalilo
itroperty wliicli imdcr piirti-
<MiIaf statutes is siihjcct, to
any of tin- rollowini:: dntics ;
— I'lislonis dinvs ; oxciso
dutios : dntics imposed upon
liinbcM- cut ; toils ; iiispoctioii
<incs on vessels, raihvay.s or
others siniiiar.
«;08. The owner ol'a tiling',
■who has lent, leased or pleiiir-
od if, and who has not pre-
vented its sale, has a riijht
to lie paid the proceeds «)t'its
sale, after the claims men-
tioned in article IS);),', and
li)9G in the Civil Code, iuid ■
Ihe privilejred riii-lus of the
crown mentioned in flic pre-
i'edino; article, and the claim
oi' tile lessi)r. have been col-
located.
«>(>$►. The same rule apj)lies
to the owner of a thing
Avhich has been stolen, who
would not have lost his right
to revendicate it, had it iiot
been judicially sold.
CIO. Persons who have pre-
served the right of beingcol-
locatcd npoifthe price of the
thing sold, by re.ason of a
right of pledge or of retou-
tion which they had upon
.^uch thing, rank according
to the nature of the pledge or
of their claim.— The follow-
ing is the order amongst
them ; carriers, hotel-keepers,
maiiilatai'ies and consignees,
liorioweis ill loan for use,
depositaries, pledgees, work-
men upon things repaired iiy
them, imrehasers against
w linni the right of redemp-
tion is exercisi'd. for the re-
imbursement of the price and
the moneys laid out upon
tile propert V.
r»II. In tlie absence of anv
special privilege, the crowli
has a i)refeience over chiro-
graphic creditors, for sums
due to it by the defendant.
' SKCTION IV.
OK .SKIZl'llK IIV (iAUNISHMKN'T.
OI'J. Kxecufion iijion the
moyeal)le effects ofadelifor,
Miiich are in the i>ossession
of a third party, may, in all
cases, and must, when such
thii'd party does not con.^ent
totheir immediate seizure, be
effecteil by means of seizure
by garnishment. — The same
means must be adojited in
executing upon debts due to
the debtor other than those
mentioned in article .5G,').
*5i;». Seizure by garnish-
ment is made by" means of a
writ issuing from the court
which rendered the judgment
ordering the garnishees not
to dispossess theinselvesof the
moveable effects belonging to
the debtor which are in their
possession, nor of such mo-
neys or otiier things as they
owe him. or will have to pay
CHAP. u. o,.- nm-VLHouy K.XKcr;T,oN ok ju;,.,mknt..
Jilin, until the ,.„„rf Unn
pn)r,uMiic..(|„p„„,liciii.ilf(.r'.
'iiKl l..«P|H.Hi„M aduv fixed'
'<> <l(Ml,in! iMKl,.,- „atH what
c'lr.-cfs th.-v Imvo lu.|..nKi.iK
♦•; tl.(. .i,.|,((,r,an.lwlmt8iMiiH
olriKMiry ..l(,tli..rt|,i„.r.s||„.v.
ow.. Iiimoruill Imvo totmV
iiiiii. ' ''
«I4. This writ nlso hiimi-
monstu.,i,.htorf„shnvni.,s,.
H i.v ( 1.' H,.,/,n,. sli„i,|,| ,„„
■,;'•';■ '"■•■;' ^nini. h„-i „„,,>.
<"'■'? ' if'latt. aii.l am.Miiit nC
' !<• ,tii<l>,M„n,t i„ satiHfartion
<" wliicli It iH issiicd ; niid is
Jiiorccvt.r cj,,!!,,.,! witli tlic
toniialitirs of onlin.u y wHih
Ot SIIIIIIIIOIIS.
r.l5. Th.. rules conoorniiiir
Mie sorvico ,)f ordinaiv writ^
0Ks.nnnu)i,sai.pIytosnx,„n.H
•y KariusluMcnt. Ncvcrtlio-
ics8 the pruniishco cannot he
con. .Mnned hy default, „».
;;f ""' ""'•'> «"' sntninons or
otlier order t(. appear lias
been served upon hi.n per-
sona |y._l,p„„ satisfactory
Pxmf t .at a KarnisI.eo con- ■
ceals liiniself in order to i
avoid such personal service '
service at his domicile is held
to be sufliciout.— ff the de-
tendant upon the principal ,
•lemandlias been summoned
as an absentee, the summons
upon hefrarnishnientmavbo
served upon him at the pro^
thonotary's oflico, but if he
; ;; . "';j ^^'^^-^ tl.e province
'intiafer service of the prin-
cipal demand, 1 '
the proceedinKH bv KarniHh-
""•"•"■Ithin the same delas
MH ..pon a principal den.aml.
' Rannshment is to phj^
"''■""'• HHNd debts of „i,i,.,,
!'";.^ranusl;ee is debtor under
•'"•''«•'"' ''"'itrol, and to J.
•'""'■'^"atc in his hands all
'■•""•"■eal fhin^rs. inihesano
"'^"."';'; ''^ "• I'e l.ad b,.en
N-mlly appointed ^uar-
,,/•"•''"'"' K'^niishee is boun<r
' "'aK«- Ins de.luration i,
« ;;! "'e of the prothonota-
> of the ,.o„,., Mhich issued
";"''t."ef..rc«uch protf;o-
'•"V.v, ^vhoisautbo;i/.edt,»
a<lniin,ster to him the \u..
J-essary oath. Nevertheless, if
t I • J,^arnish..e resides in any
;;';;•',; ''^•nct, than the one i J
\ Inch the n-nt of seizure by
t,Mrnishnient has issued be
'fay on or l.efore the 'day
'■^V'' '•>'• ll'<' return of the
wmrnHke his declaration be-
")ie tliejudfreortheprotho-
noary of the district whcrele
S;:'^ and such prothlnm!:
t > iH bound to transmit
san.e to the court where
he suit IS pendinf,^-When a
-.sei/ure by garnishment is
""I'le ,n the hands ofacor-
]ZVT^ the declaration L
""i"ie by an attorney or bv
H''.y- other person autf.orized
tide ^T?'' l"'^«^''!bed in
.nticio JJ4 foranswerinK- in-
Jen-oj-atories u{,on articu-
musl_ be lated facts.—N-,
summoned upon the garnish- to tl
everthelcs.s
inent according to tl
10 oorpoiation of th
sions of article 08 .— The do-
pro vi- of .Alontreal, tli
as
e citv
fendant
1^ bound to answer 1
the cit
aration
, tlie treasurer of
y "'ay make such d
11
Oi. S. Q
ec-
art. 5929.
!»4
CODE OK PKOCEDL-KK, PART II, HOOK I, TIT, III.
i'Si.'.;'
018. The Karnisliee'8 de-
claiatiop must be imide on
tlu' clay iippuiiitt'd by tlio
writ, or oti tin- next foHow-
iiig jiiriiiioal lay.— It may
be made at any time before
tlic return (biv at the i)rn.
tlionotarys oHiee from wiiich
the writ issued, but in such
a case it cannot be received
unless it is accompanied with
a bailiffs return, certifying'
that previous notice, of at
least twenty-four lionra. has
been given" (o the plaintiff,
of the jiarnishte's intention
to make his declaration be-
fore the return of the writ.
C.lj). The frarnishee mn.st
declare in wiiat he was in-
debted at the time of tlie ser-
vice of the writ xipon him.
in what lie has Itecome in-
debted since that time, the
cause of debt, and any other
seizures made in his'hands.
— If the debt is not yet paya-
ble, he must declare when it
will be.— If his indebtedness
is conditional or suspended
by any hindrance, he must
also declare it. — He must
furnish a detailed statement
of the moveable effects in his
possession belonging to the
debtor, and declare by what
title he holds them. — The
judgment creditor has a
right to be present when the
garnishee makes his declara-
tion, and to put him any
(luestions tending to prove
any obligation of the gar-
nisliee towards the judgment '
debtor, saving all objections
which a judge, if present,
may decide at once, or which
otherwise, the prothonotary
must note du»vn for .-ubse-
quent decision the;eoii by the
court.
d'io. The garnishee is en-
titled t(» his travelling evpen-
ses, which must be ta.xed by
the judge or by the prothono-
tarv who receives his decla-
ration, and he may retain the
amount thereof out of tlie
sums in which he is indebted ;
and. if he owes nothing, such
taxation may be enforced
against the party suing out
the writ, by an execution
emanating from the court
from which the writ issued.
«!il. If the decliration of
the garnishee is not contest-
ed, and he has not declared
that any other seizure has
been made in his hands, the
court, upon an inscription
for judgment, ovdcrti him to
pay to the ])laintiff, on ac-
count or to the extent of his
debt, the moneys seized, ac-
cording to their sufficiency.
— This judgment must be
served, and the delay for ex-
ecuting it dates only from
the day of such service.
028. If there are several
seizures at the suit of diffe-
rent creditors in the hands of
the same garnishee, each sei-
snre has the preference over
the sui)seqnent seizure, ac-
cording to the date of its ser-
vice upon the garnishee, ex-
cept in cases of privilege, un-
less the insolvency of the
common debtor is alleged,
in which case proceedings
must be taken upon the first
seizure to call in the credit-
•■"•^'■- "• "K CuMnxsuKV KX.crr,ON OK jroOMKNTH.
'I'M, in tlu! nianiior provide.l
"! article R.8, au.l the ku,'
'"'^IKMH in.sMcl,case,a^e(;o„-
•^t^^rllll(•.| to pay ijito court the
;"»"U"t.s they ack.iu,vle.lcr<.
(o owe. "^
6««. ff the monies, or other
tnnf;-,,]uehythe garnishee,
.10 only payable at a future
tune, he may l,e cou.Jemne.l
^o (».'iy thotn when such time
'inives, an.l if ihev are due '
U'Hler oon.lifions Which are'
;;;•' jot fuIflUed. the com?'
"'(i.v, upon motion of the '
«o.'>'-inp party, maintain the
r.n'uWno.l'^'"" "'""""■"'
*l'^-i. Garnishees, who do
J'ot make their declaration
'" nie manner hereinabove
prescribed, are condemned as
JX'rsonal debtors of the sei/-
"'.'? If rty, to the payment of
Ins cla.m.-They may, how-
over, obtain leave to make
H"'»rdeclaration at anytime '
ovon after judgment,' upo' '
I'Myment of all costs incu/red
l-y their default. {R. ^ n
Hit. 59J0). ^ ^•^•
<J35. Thejmlgmentrender-
eil upona garnishee's decla^
ration of indebtedness, is
equivalent tea judicial' as-
sigument to the seizing cre-
ditor of the judgment debt-
or s title of debt, and effects
•subrogation.
02ti. The seizing partv
'"i'st declare within iio-K
•Jays whether he intends con-
testing the ff.irnishee's de-
claration, unless a further
'Clay be granted to him by
tii'i court or judge, and he '
•11 ^st at the some time file his '
9u
grounds of contestation, af-
ter .serving tlieiu upon the
|:Hnu3hee, atul notifliug the
iHlter to aiL.wer the June
"ithin the same delay, as is
'illowcd for answering e.x.
• eptions and pleas.-IIe can-
'V't, however, forfeit his
right to c(mtest without au
eiree't *'"' '"''"'' ^*' ^''"^
«8r. In other respects, con-
, testations of garnishees' de-
, clarations are stilgect to the
same rules as those of ordi-
. nftry suits.
I cas. Besides the thino-s
enumerated in articles ,1.?7
I fi'i'l 558, the following are
also exempt from seizure :_
i- lav and pensions of per-
sons belonging to the Army
and Navy ;_ 2. Salaries of
puJilic officers, saving as
respects public officers and
: employees of the Province :
one-fifth of every monthly
salary, not exceeding one
.thou^sand dollars per atmum-
I one-fourth of every salarv!
j exceeding one thotisand dni-
iiars but not exceeding t\v >
(thousand dollars, and one-
I third or every salary cxceed-
M'lg two thousand dollars
per annum ; -3. Contingent
emoluments and fees due to
ecclesiastics and ministers of
worship, by reason of their
, actual services, and the in-
I come of their clerical endow-
ment ; ~ 4. The salarv of
sofcioul teachers ; — 5 ' The
wages and salaries of work-
men and laborers (operarius)
paid by the day, week, or
month, including those who
! 1:
r»o
CODE OF PHOCKDI'nK, PAIIT II, HOOK I, TIT. III.
il i
Wl
11
jiorfoim mnminl labor in fnc-
toru's, and woiksliops, to tin-
extent nf tliice-fuuitlis there-
of. Hilt in such case the
nttnchnieiit hy parnishment
holds as lonp as the contract
or enpafrement continues. —
The (ither creditors who
have jiidpments aj^aiiist the
debtor, upon filing a cojty of
biich judtrnients in the oilice
of the prothonotarv, in the
recorti of the ease, are jiaid
concurrently with the seiz-
in tr creditor. — Notice of the
fyliiip of such judgments
shall be given to the ])arties
intercste(l. — The proiliono-
tary shall determine in a
summary manner upon the
writ or upon a sheet annexed
thereto, the amount comiiig
to each of the creditors of tlie
]tarty seized upon pro rata to
the amount of the respective
claims, saving the case of
privileges. — The garnishee
shall on making his declara-
tion, deposit the sum which
he owes, and if the defendant
continues in his service, such
garnishee shall renew his
declaration every month and
deposit it in court. If he
neglects to make his declara-
tion, he may be thereto com-
pelled by a judge's order. —
If the defendant quits his
service, the garnishee shall
make a declaration thereof.
— The moneys seized and
paid remain in the hands of
the prothonotary who pays
them over to tlie plaintiif and
the other creditors on their
demand, three days after they
are deposited if "there are no
oppositions. — The declara-
tion of the garnishee must he
made without costs except
travelling exjjenses if thcrtr
be any, and it may be con-
tested in the orditiarv man-
ner. (A'. S. (,»., art. ,''.!t;{I).
i'>'Ht. If a garnishee declares
that he has in his ])osse3sion
moveable effects, the judg-
ment ()rders that they" shall
be sold and the garnishee is
bound to deliver them to the
oflicer charged with selling
them. — If the garnishee has
in his hands negociable ])aper
or titles of debt payable to
bearer, he may be condemned
to deposit tlu'm in the pro-
thonotary's oHice, or to de-
liver them to a person named
by the court, according to
circumstances.
G30. The proceeds of the
sale of such moveable effects
are afterwards distributed in
the same manner as other
moneys levied, under execu-
tion against moveables.
(531. If a garnishee declares
that he is not indebted, and
he cannot be proved to be so,
the court orders him to be
discharged from the seizure
and condemns the seizing
party to pay the costs.
SECTION V.
OF EXKCUTION UPON IM-
MOVEABLES.
§ 1. — Ofthe seizure of immove-
ables in execution.
crs. The seizure of im-
moveables can only be made
III.
' flccliirii-
I't' ninst !)(>
9t3 except
;9 if them
y be cori-
inrv man-
. men).
'0 declares
jjossession
tlie judpr-
tlicv slmll
firnisliee is
litin to the
til sellinpf
iiisliee has
able ])npei'
)ayable to
oiidemiied
» the pro-
or to de-
ioii named
lording to
■ds of the
ble effects
iributed in
iis other
Icr execu-
ibles.
?e declares
-'bted, and
id to be HO,
biin to be
lie seizure
e seizing
ists.
CHAP. U, OK r.,.M..L-I.SOUV KXKCfnoN OK aun.iMK.STS.
')fimmove-^
lion.
re of im-
)• be made
ngai.ist the judgment debtor,
«ml hemust be, or be repnti
<"i to be in po=ise.s.sion of the
*<anie animo doinini, No
SL'iziire can be made uf ini-
inoveablei declared bv the
'l""'>r or testator thereof, or :
''.V law, to be exempt from '
seizure. — Constituted rents'
representing seigniorial dues
are .seized and sold -a iti, the
i<;rmalitieH prescribed by the '
act 27-28 Vict., ch.;{;». ^
(533. The seizure of im-
moveables can only be made
with the same formalities as
writs of execution atriiiust
moveables, ordering the she-
nf f ." ' i":-*-' ^''''* '"'moveables
ot the defendant and to sell
tnt'in in satisfaction of the
condemnation pronounced
against him in principal, in-
ei-est and costs.- The date of
tie judgment must be insert-
ed m or written and certihed
•ipon tho writ, under the
8 irnjifiii..! ^f ii, . _
1)7
Signature ot the prothono-
'egulate the sale of immove-
ables tor the payment of
municipal taxes and assess-
ments.
«34. The writ is addressed
to the sheriff of the district
iii which the immoveables
debtor are situated, alid is
executed by the sheriff him-
A-'fe,°"*^"^'''3o»i^ers.
03., When any of the im-
moveables 10 be seized i.
!; Ity^i^ ^^ raore than nine
miles from_ the place where
the writ of execution issues,
the sheriff, upon the written
•iemaiidof the creditor or of
his attorney, is bound to em-
P.I'H' for making the seizure,
file publications and the ad-
judication, such bailill resid-
I'lg 111 the locality in which
t le immoveable is situate as
the creditor indicites, uiid in
•■^iieh case the sheriff is dis-
•'larged from any liability
i'e.-iiilting from th,. acts of
such bailiff, and the seizing
creditor becomes aloiii' res-
ponsible. The seizing cre-
ditor, in order to avoid costs,
may also undt-rtake the trans-
mission of the dociimrnt^ be-
longing to the execution, and
the baihtf is bound to return
them to him, and on doing
so IS discharged from any
consequent responsability.^
1 he other provisions of arti-
cle 5jr> ajtply likewise to
writs of execution ajrainst
immoveal)Ies.
. «3G. When an immoveable
13 situated partly in the dis-
fnct ill which the judgment
was rendered and partly in
another, it may be wholly
seized in execution, in the
same manner as if it were
wliojly lu thedistrict in which
-the judgment was rendered.
G37. ijefore proceeding to
seize immoveables, the seiz-
ing officer calls upon the
defendant to declare and
specify his immoveable pro-
perty, except the case of im-
moveables surrendered in a
.suit, and the eases mentioned
in article (j4I ; and upon his
failure so to declare and spe-
city,the executing officer may
seize the property in posses-
fiiP^^
x>S
COnr OF PROCEDURK, FART II, HOOK I, TIT. Id
sion of the defendant, at the
risk and peril of the latter.
C38. The seizure of immove-
aWe.s is recorded by minu-
tes, which must contain: —
1. Mention of the title under
which the seizure is made;
2. Mention of the defendant
having been called upon, as
required by ihe preceding:
article ; 3. A description of
the immoveables seized, in-
dicating tiie city, town, vil-
lage, parish or township, as
well as the street, range or
concession in which they are
situated, and the number of
each immoveable, if there
exists an oflicial plan of the
locality ; if not, it must men-
tion the coterminous lands.
If the property to be seized
consists of mcorporeal rights,
such as rents, leases, or other
real charges, mention must
be made of the title under
which they are due, with a
description, as above men-
tioned, of the real property
charged with the same ; — 4.
Mention that the minutes arc
made in dufjlicate, and that
one duplicate thereof has
been delivered to the judg-
ment debtor, either person-
ally or at his actual or legal
domicile.
C39. The seizing party's
domicile is elected at the
sheriff's office, without its
being necessary to elect an-
other, or to mention it in the
minutes.
G40. The judgment debtor,
as well as his seizing creditor,
may cause the ground rer.is
and charges upon the im-
moveables seized to hv men"
tioned in the minute- ; but
i it is not necessary to miiition
rents established in rcdiuip-
' tioa of seigniorial rights, and
any oppositions filed for that
puri>ose cannot retard the
sale, but must be returned by
the sheriff, and no ccjsts can
be obtained thereuu by the
opposants.
C41. Xo minutes are ne-
cessary in suits instituted by
building societies for bring-
; ing to salo the immoveables
subject to their hypothec or
right of pledge, nor in the
case of article DOT.
I aia. When the sheriff ha.-^
seized an immoveable upon a
defendant, he cannot seize it
again at the suit of another
creditor, or of the same cre-
ditor for another debt, as
long as the first seizure sub-
•sists ; but he is bound to note
any subsequent writ of exe-
cutiou as an opposition for
payment upon the iirst writ ;
anci in such case the first
seizure cannot be abandoned
nor suspended, except in con-
sequence of oppositions ap-
])licable as well to the seizing
creditor as to those whose
writs of execution have beea
noted as oppositions, or with
their consent, or by an order
of a judge.
643. In the event of the
seizing creditor abandoning
the seizure, or receiving pay-
ment of hi.H cl.iini; the sheriff
is bound to continue the pro-
ceedings in the name of^the
seizing creditor, and at the
cost of the judgment credi-
CHAP, a, OK COMPCSORV KXECfTIOX OK ..O.MKXrS.
tors M-hose writs have been or tlie
noted, in order to satisfy tlie
99
>'acation
order of a judge
I . ' , '■^ »-»«i'tioi y Lilt'
claims ,si)ecified in the subse- e*? Ti.n i •«.
quent writs of executionV f„re I'l!'^^-'''" '"''^y' be
in
provided the seiz
I Sir'''""^»-'-:-K,';s
f izing immoveables
'l|;« 7as ^ exact from the p^^^
iisite tor- nInn-.o ♦! . H»ri_v
«44. From the
the SI
. . - . whc
«Tit III his hand,-
ini of four doll
Ian
The alienation avails, how- So n/- ^
ever, it the seizure is declared ' -~^y <^Kivertisements.
«^d tSr i^e'^: ^:f ^!^i, «*«■ Ti.e sheriff is bound
rJ>aser or the debtor ifa!; Offid J rl''^/"- ^''^ ^^^^
into the hand of the sherif^ am p'^,9f'ff^<'' '" ^he French
a sufficient sum to discharge < senam ?'r' ''^"^"''^K^'^. three
ti.o claims of any ciS- f^yZ at "' ""''^'^'^ ^he
tors who.se writs of cxecu- t^Lf ''? '"^"^hs from
|on have been noted and ' tionJle ?nV''V*'''^' I^"^'^^^^^
he amount thus deposited sei/^H '? *" of "nmoveables
IS forthwith paid bVth^mnff;".^^' ^''^'^'ti^
sheriff to. the creditors e I^ r V^^"^^'" =~ 1- Thenum-
titled to it. ^'""'^ '"■ I r "V r ''^"-'^ ^»d the na-
.645 The immoveables 'ZL o ' V''"h ^^^<^thery«',7'
seized remain in the posses^ name, L 7''^''^'' ' -2. The
s.onof the judgmentibtori Stiff in T"^'"^ °^ t^''-'
until the adjudication — RnJ ' ', '^""'^ 'n the suit, or if
if the .sale iV prevented ,?v .^^^^^^ plainti/f , <
any oppositionf "thrsd ii^^ ' i^ Tf^lJ-? of th 'fi^st namej
creditor may, according to on tI.«lVi' "^^h an indica-
circum.stances, and in ^tle 3 Tl *''*-''''' '''''' "^hors , -
discretion of 'the court or i of the ,lT^'' ^"•'^ ^"'•"«»'o
judge obtain the app^N i or if t f'''^''"^ '" ^^^^ «"'',
ment of a sequestrJtS? to "fTn. ant . ^T ■'"''''^ ^'-
receive the rentl, issues and I th .. 1 '« ^. ''^^ignation of
profits of the i^moveables vrit wiflf!;''"^'^^^ ^'^ ^''«
iR' S. Q, art. 5932). tholl „V Z^" '"^^'«ation that
64G. Thejudgmeit debtor i Por d^f?^'r''r-^^^^'^I'''^'"-
cannot, nor can any otlS a tuh., n T^-*""^ ^-^ acting as
Per-son, cut timber in t IH. n ' ' l" "1'"^! ^^ is .surti-
property seized
> or ill illly iiio-
Ci cient to state that !
!« !3 act-
iiannei^deterio^^te h an 7 i ^Lm. n h' H' *'^^ "'''^^
on pain of being imprisoi ed ' lon^-l]f^l'% ^^^^^^'^^ Poi
tor a term not excecdinTsix ' n^nC. "*"* '^'''^'""ting th,
-nths, under a rule of !oZ : "S^^ T^^U^
i|
m '• f
100 CODE OF PROCEDUIIE, PART II, BOOK I.
TIT. III.
V I
ables, or of the rents, as the
ca.-^e may be, as inserted in
tlie minutes, of the charges
tliorein mentioned, and of
those also wliicli the seizing
party has requested in writ-
ing to have inserted, and
mentioning upon which of!
the defendants the ])roperty
is seized : — 5. The time and ;
pUice at which the immove-
ables or rents will be put up
for sale and adjudged; —
G. The date at which the writ
of execution is returnable
into court. {K. S. Q., art.
5953) .
G49. The advertisements of '
sherin's sales must be printed ;
consecutively and be pre- ;
ceeded bv a notice according j
to form 34 in the appendix to
this code, or any other form
of like effect.
650. The sheriff must also,
the seizure is made in a
parish, cause the advertise-
ment prescribed by the two
preceding articles to be pub-
lished and posted, on the
. third Sunday before tlie day
fixed for the sale, at the door
of the church of the parish iti
Avhich the property seized is
Bituatcd, immediately after
morning service
G50a. So soon as the sheriff
has made a seizure of an im-
moveable, he must notify the
registrar of the registration
division wherein it is situat-
ed, by sending him, in a
registered letter, a printed
copy of the notice, prescribed
by article 648. (A'. -S. Q., art.
5934).
G506. In addition to the
publications and notices
which he is Ijound to make,
the sheriff, when no opposi-
tion has been made to the
seizure and sale of immove-
ables or rents, or if made,
has been disallowed, must
cause to be published in one
issue at least, of some ne\ys-
Tiaper nearest to the locality
where the land or real rights
' under seizure are located, a
notice briefly detailing the
particulars of such sale. (/(/.).
G50C. The omission to com-
ply with the provisions of
the two preceding articles
does not invalidate any pro-
ceeding in the cause ; but the
sheriff in default is responsi-
ble for all damages which
may result therefrom. Ud.).
G50r/. When the seizure of
an immoveable ii annulled
and the judgment creditor is
condemned to pay the costs
thereof, the expenses of the
seizure and of the cancella-
tion of the notice of seizure
are borne bv Idm. {Id.).
G50e. The protonotary is
bound to deliver to any per-
son demanding the same, a
certificate of the release from
seizure ot any immoveable
that mav appear by the re-
cord of the cause m which
such seizure was made. {Id.).
§ 3. _0/" opposUions to the
seiziire and sale of im-
moveables.
C51. The sheriff, in the ab-
sence of any consent on the
part of the seizing creditors,
cannot stop the sale of im-
III.
\ notices
(1 to make,
no opposi-
ade to the
of iminove-
w if made,
iwcd, must
shed in one
^ome news-
tlie locality
' real rights
> located, a
(tailing the
isale.(M)-
siontocom-
rovisions of
ng articles
ito any pro-
use ; but the
is responsi-
lages whicij
from. Ud.).
le seizure of
ia annulled
it creditor is
)ay the costs
lenses of the
he cancella-
ce of seizure
n. {Id.).
otonotary is
r to any per-
the same, a
! release from
immoveable
ir by the re-
ise in which
smade. {Id.).
siiions to ih c
sale of im-
bles.
ritt", in the ab-
insent on the
iing creditors,
le sale of im-
CKAP. ir, OF COMPULSORV FXECL'Tlnv ,
moveables, e.copt .„ ''''^'^^ '^ ^^-o.^srs. roi
i-to court. """' "I'Lositions i ,l,e co S^ "j ,,''^''-' f?''
cas'e proceed' wfth' So '" le ' '^'" '^^^'^''^^'on. to ..«,,
court""' 'ir" °''^«'- f'-'^ra ihei 6.7 T.
the'o,;;nfe^"'.^'^^^^^ when Lo'i^'^.rilP^^^): ^vl
loeo ini-
opposition is fbun ed T''^^'^'' °'' ^e"ts a eTei^d"
J'Pon grounds which only 'o ,T^ PPP'^^^ the
to reduce thfi nm«.. J. "y.^^ the sale tiuTPof ■
'fee the amount claim
seizure or
tiiereof, whether h
opposition be fo
IH
utided oil
102
COOK OK ritOCKKUUK, PAllT II, HOOK I, TIT. III.
matters of form or on mat-
ters of substance. — Third
]»arties may likewi:?e file
similar opposition.^ when
they iiavc an actual interest
therein.
Of opjtosiliouM to withdraw.
C,r>H. Oppositions to witli-
draw may be tiled by third
])iuties \vho claim as their
])roperty part of any immo-
veable or rent under seiznie.
0/ ofipostlion^ to secure j
chargea. j
I
cr.O. oppositions to secure
charges nuiy be tiled by a
thircf paity when an immo-
veable under seizure is ad-
vertised to be sold without
mention being made of some
charge with which it might
be discharged by a sheriffs
sale.— Such oppositions are
unnecessary and cannot be
received ,—1. For the mirpo-
se of seciu'ing servitudes , —
2. For the purpose of secur-
ing dues or rents created
in the place of seigniorial
rights.
Of oppositions to char</es upon
immoveables under seizure.
660. Any person aggrieved
by reasoii"^ of an immoveable
being advertised ks subject to
a charge which prejudices his
claim, may tile an opposition
to the end that the property
be not sold subject to such
charge, unless good and suf-
ficient sureties be given him
that it will be sold at a suf-
ficient price to ensure pay-
ment of the amonnt due him.
— This opposition may like-
wise be made either by the
seizing creditor, or by the
judgment debtor, when the
mention of such charge, has
l)een made without tlie par-
ticipation of the opposant.
§ 4. General provisions.
061. The proceedings upon
oppositions to the seizure or
sale of immoveables or rents
are the same as those upon
oppositions to the seizure or
sale of moveal)les.
06'^ When oppositions are
decided before the day fixed
for sale, if the seizure is not
set aside, the sheriff 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 dav
fixed for the sale, the sherifr
can only proceed to sell under
a writ of venditioni exponas,
and in conformity with
the conditions therein men-
tioned.
663. The writ oi venditioni
exponas, orders the sheriff to
proceed with the sale of the
immoveable or of the rent
under seizure, after one pu-
blication in French and En-
glish at the church door, on
the third Sunday before the
sale, and two adrertisemenls
in the Quebec Official Gazette
each such advertisement con-
taining the information re-
quired by article 648. — It
. III.
Id at a suf-
cnsure pav-
int due him.
11 may likc-
illier by the
oi' V)y the
r, whtMi the
charge, has
out tlie par-
opposaiit .
provisions.
icdings upon
le seizure or
)le3 or rents
those upon
le seizure or
■s.
position'? are
he day fixed
■izure is not
lerifF oa the
)roceed upon
)idance with
the court .-^
tions are not
Fter the day
^, the sheriff
to sell under
ioni exponas,
rmity with
:herein meu-
: 0^ venditioni
the sheriff to
le sale of the
of the rent
ifter one pu-
nch and En-
irch door, on
y before the
Terlisemenls
ficial Gazette
isement con-
ormation re-
le 648. — It
i
"'AP. n, OK C0.MPU..SO.V K^KOCTICV o. .rOOMEXT.S.
i I
1
con tains, noreover such other
cV"'l't.ons as the coi.n ms
directed respecting. xUo ^
«fthenn,uoveahleortherent'
Uf. .^. v., art. Sys.")),
«G4. W'ljeu ail t^ adver-
tisements aiul puhlications
nrst wut have been dulv
Pi.blished and made, the ei
ecut.onofawritofr„i'/i;^
*^/^o««. cannot be stopf^db';
opposition, unless forUasou?
subsequent totheproceeiZ
•V which the sale was tS-
1H'<1 111 the first instance, a 1
upon a judge's order.-lVne
I'stnctsofilontrealandg/c!
Jec, such order mu8t be Xn
»»y one of the judges f, n
^^/stering j»stici tSn " n
he otJier districts, evcem
I'ose of Gaspe, Rimo^f
Beauce and Chicoutimirsuch
order cannot he made excent
;y the judge who resides a'
tlJe district in which tl e o ,
position IS to be produce f,eT
cept m the absence of' the
i";'f/.^yl",^-h«bsence shall be
et^bhshed by the certificate
of the prothouotary.-SucI,
order IS made onlv after the
^averse party has been placed
«''««"^.'n- notice duly serv
S 'If " ''■'", to appe'ar'be-
he n'^'f""^^'' ^'«fo'-e whom
der ,-«^.P'l?''^"'" for such r
l.er IS to be made, which no
j'^Jf^^st. be given one clea
day previously and contain
an indication Jf the dav4d
hour of the appearance. {R
^' Q' art. 5936) ^
lOJ
:u^Of li,i,iin,i and sale.
\ «C/5. Bids maybe jrivon in
iwntingatthesherifrsofnio
I at any time after the seizure
eAJcejn during the eight, da3s
previous to the dav fixed in
:il'e shorif. advertisemen"
for thesaleoftheirnmovca:
;Ie or rent, either upon the
•^ale has not been stopped o?
!|,l'on the venduioni ^Iponas]
•n, oi'-''' 7''' preventet^
i om taking place uccordiug
to^ notice under the ^^/i
«cc. Such bids, if made bv
the creditor of the judgment
f,\<;''''""'^^beacciniS
m ^'"'/'^^i^' «^^-orn to be-
to.eajudge, theproihonota-
O, a commissioner of the
s Huff who IS authorized to
; "'nister such oath, stating
tie nature or amount of each
ehum, and declaring tha
, thcj are made in good faith
Wnot^
^oifll?""'' ''''^' by a per.
mu.t I " "^^ a creditor,
'«« «;,'^' fl^'companied with
a« afhdavit, sworn to in the
manner stated in the prece .
ar?mado '' '''''''''^ ^'''^ ^^4
not T^^ '" ^'^"^ ^^"'th, and
l"j/"'^''e purpose of delay,
ingthe proceedings; and the
sheriff may, if he^t^iink. «!'
fV;i!j"'° security from such
bidder, or a deposit of a suf?
h\
104
CODK OK PROCEDfUE, I'AUT 11, BOOK I, TIT. III.
ttpon fftlso l)iddinK, in case
it slioulil be necoswary.
can. Every buch bi'l must
be ill writings and must in-
dicftto: — 1. TliP name of the
case iu whicli it is made, and
11k' iianieH, quality and re-
sidence of tlie bidder; — 2.
The immoveable or rent bid
upon; —3. The amount of-
fered —It must be pif?ned by
the bidder or be in the form
of a notarial oriKinal.
GG9. The slierilf is bound
to endorse on each such bid
the date of ita liliiig, and to
return it into court with all
liis other proceedings.
670. The sherift" is bound
to furnish the oflicer by whom
the sale is to be made, with
a list of such bids as have
been filed under the provi-
sions of the above articles.
671. Immoveables under
seizure, that are held in free
and common soccage or
otherwise tlian en roture on
tn franc allcu rolurier, when
they are not situated in a
parish civilly erected, and
those which are situated in
the district of Gaspe under
■whatever tenure they are
held, can only be offered for
final bidding" and adjudica-
tion at the registry onice for
the registration division in
Avhich they are situate.— Im-
moveables which are situate
either within the limits ot the
city of Montreal or without
the same, but within the
limits of the former parish of
Montreal, and those which
are situated in any other city,
town or chief-place whore
the shoriflTs office is kept, or
within the subiirlian liniit.s
{hanlictie) tlicroof, must be
bid upon and wold at the
giierilf's office. — All other im-
moveables iniHt bo bid upon
and sold at the door of the
parish cluirch of tlie locality
where they are situated. (A'.
! ^S. Q., art. 5937).
672. The sale cannot take
place on a Sunday, on pain
of nullity.
1 673. On the day and at
the place appointed for the
sale, the officer conducting
the same, after reading the
I notice, the charges and con-
ditions of^ the sale, and the
bids filed in the sheriff's of-
fice, offers the immoveables
1 for sale, taking as an upset
I price the highest bid filed
j with the sheriff, if any were
so filed.
674. Xo bid can be receiv-
i ed unless the bidder declares
his names, quality or occupa-
i tion, and residence, and min-
I utes are taken of the bids re-
I ceived. — Every bid implies
an undertaking to buy the
property at the price ot such
bid, subject to the condition
that no higher valid bid will
be taken.
675. Tne conditions of the
aheritfs sale must express all
those contained in the pre-
ceding article, in articles
687, 688, 707, 708, and in the
advertisements.
G7G. The party upon whom
the property is sold, if per-
sonally liable for the debt,
cannot become purchaser nor
bid, neither can the persons
. III.
c is kept, or
irliiin limits!
:)f, uuist. be
t!old fit the
Allotliur iiu-
h^'. h'u\ upon
door of the
tilt! locality
ituateti. («.
cannot take
lay, on pain
day and at
nted for the
conducting
reading the
?es and con-
ale, and the
sheriff's of-
immoveables
as an upset
est bid nled
if any were
\n be receiv-
ider declares
ty or occupa-
ice,and niin-
f the bids re-
bid implies
to buy the
price of such
he condition
alid bid will
iitions of the
St express all
. in the pre-
in articles
8, and in the
<f upon whom
sold, if per-
br the debt,
purchaser nor
L the persons
c"-.n,oPc-oMr..souvKXKc.T,o.oK..n.,„,,,.
sncr II or other ofJicer en-
trusted witli the fifilc '"
«77. ^'e^bal bids niav hr.
made by i)ro.Ty. ^ '^
C78. ThoofIice^conductinfr
tIie sac must require fnn
every bidder, befo're he e-
cones 1.3 bid, a deposit of a
s'lm of money euuni V, i
coHts then due tir,he"sei'r
J"ff party upon the ju.il.mont
asca.- .In all cases where-
tl.esaie has been stopped
\. a»oppoHition;2. [n cases
f '7-^ale upon false bi.ldZ'
li the court or jud<>-c has
"seof'^'^"''^^'^'-^-tthe"
tauce so.ne party to the
»»'». Ihe court or jndo-p
may also order such denll?
o;- payment in any case Xrr
ti?.^f ' /'^^^l«'-^'s ui)ou oath
t at he, s credibly /nformed,
and believes that the partv
seized upon with a view "o
•etard the sale, will caiJtlm
immoveable to'beadj'S
ofl S^'^'^ art. 5839).
t>80. In any case wherein
70 resales upon fa se b5i
ouft^r-'f^" ^'^^It
a?S^oi^.™SerS
Efbe'^^^^'^.^^-^Obffi
ior»
-vW-' " """' equa to ono
^inrd of the debt due to th;
n e oft rnn-^' ^^ Pnncipal
uierest ana costs, but not
nn^"^'^'^ exceeding four
l^undred dollars, (/c/., 5940)!
1 in the three prec<..|i,Mr ,.,..
•^^ the oflice!- coudi u^fi' '
r-ou au&!;^:5' r's
bid. ' '"^ previous
of£' In', ''r''"' °'- «tIior
;^i"cei conductiiiir the t;.ii..
chase monei- ' P"^"'
an^^m J^''"" adjudication of
•*" "nmovcable rjinn,^>f u
686. A person who haq
o't^henfh' '^/'•°^>^' '- ''-
sheriff b'il!^ *° ^'"'•"•«h the
with tL '^^"^ three days,
^vith the names, quality and
h
106
roi>K OF pitocKoruK, I'AiiT :\, HOOK i, tit. m.
:i^
residence of liis juiru'ijmUaiitl
liirt power ot attorney, or a
nitification of his liid and
piircliase ; in default where-
of he is hehl 4o iiave ]inr-
ciiased in hi-i own name. —
He i,s likewise iield to have
imreha.'sed in his own name, if
the person for whom heaetod
is not known, cannot he
fonnd. is notoriously insol-
vent, or is incapable of being
purchaser.
(587. The purchapor is
bound to pay the purchase
money, or the balance there-
of, within three days, after
which delay ho is bound to
pay interest.
(588. Nevertheless, the
plaintitfor any other creditor
Avhosc claim is mentioned in
the certificate of hypothecs
hereinafter mentioned, or
who has filed an opposition
in the hands of the sheriff,
may, on becoming purchaser,
retain the purchase money
to the extent of his claim,
until the judgment of distri-
bution, provided he furnish
the sheriff with good and
sutticient sureties for all dam-
ages that might result to any
party interested, in the event
of non-payment of such sum
as the court or judge may
order such purchaser to pay
into the hand of the sherift".
{R. S. v., art. 5941).
689. Upon payment by the
purchaser of the price of the
adjudication, or, if he is a
creditor, of so much ttiereof
as he is not entitled to retain,
the sheriff is bound to give
such purchaser a deed of the
sale made to him. — Such
deed must contain: — 1. A
designation of the writ under
which tiie sale took place ; —
2. The number of the cause,
and the names, surnames,
additions and residence of
the parties; — 3. A descrip-
tion of the immoveal)le seiz-
ed ; — 4. A statement that all
the formalities prescribed by
law have been observed; —
5. The time and place al
which the property was ad-
judged: — tj. The conditions
of the sale including those
mentioned in article 7u7 and
708 ; — 7. A statement of the
price at which the property
was adjudged and how it
was paid; — 8. A conveyance
of all the rights of the judg-
ment debtor upon the im-
moveable.
G. — Of rei^ah for false
bidding/.
GOO. Upon the sherifl"3 re-
turn that a purchaser has not
paid the whole or a balance
of his purchase money, nor
given security when he may
lawfully do so, the plaintiff
may demand that the im-
moveable of which the pur-
chase money thus remains
due be resold for false bidding
upon the purchaser thus iu
default. This is done by a pe-
tition served upon the latter
with the delays required for
ordinary summonses ; and if
the purchaser does not reside
or has no domicile in the dis-
trict where the adjudication
took place, the service may
'""•"■"'■'■'""■^•■'»'"--..XBc,T,nx„K .,„,;„„,,,.
loaey, nor
>>oefltc(o.lattlKM)fHceoftlio
;rom wluoh th. seizure 1^
<!»l. If the Beiziii^r ,,ft,.,..
^a.Is to proceed ngarnstr
pure .H8er within a rvj .
whose caiin appears uikm.
tlio record, or the (lef.MHla
y;;3- ^lemarul the resale Tu,:
tUi- piirchiLser cannot be hehl
j'^ble lor the costn o t n o e
tl.H.,oi.eofs„ohi,roceedi,L^H
^i"'i.thHtoftheslM-zinr,,,X'
"i-, in h,s dctUi.lt, tin? ne
OrHt serve.!, Jms the pref ".
enc'e over the others, p^-ovi/i-
C'd the creditor follow;, it „n
withpro,,erdili^r,>„ee. '
««>«. Tlie proceedings upon
an application for refale fbr
*;; «e buhUng are .nmnuuy,
.in<l no written contestations
can be had thereon with '
lea •;. of court or judge. (T
*^• 'l^., art. 5942). ^
6»3. [n ail cases the false
'>'tWer is liable for all dam!
ages and intere.st accruing to
l<e judginent creditors^ o?
t9 the defendant, from ' his
iadureordelaytopavthenur
chase money/andhJis mo";,
over bound to pay the .rn-
jrice between th^e amou t
ot his bid and the price
brought by the actual Ule
If such price be less, without
greater, to the excess, which
goes to the benefit' of he
ii'j£^'"t^'-^btorandhiscre.
6»4. The purchaser mav
prevent the resale for faS
bidding by paying into the
107
•"I'n sale, the amount of the
n rcW money, wi.h the 1
cast accrm.d thereon since
e purchase, and all eo ts
;.:;;jy'cd by reason ofhisde-
«»"'• If the price of the re-
■;|^l«'-* not sufficient to cover
'« amount of the first pur
'-''«,^^ with interest theri
":;ie",ri^i"^''--'-^'
I be 1 ;i ^'" '"■''' '"■•^^'«^'' 'nay
beheld, even by coercive ini-
^'•eren. '!'"''''' to pay the d J-
o ' ' ;',r'! ^" 'M'plication
lo i/Mt eUeot, made bv anv
m ana manrier and under
;^-<;^K>^conditions as that
«»6. Resale for false bid-
ng can only take place upon
.1 \ ut of venditioni exponas
ordering the sheriff to Zl
c.x.1 with the sale upon suet
conditions as are fixed b
jcct to the formalities men-
tioned in article 663, and
n^u^^t contain a sumnmry of
;be judgment ordering the
resale for false bidding.^
§ ^— Of the return of writs of
execution.
697. The sherifi' in whose
handsavvrit has been placed
J" order to the sale of the
mmoveables of a debtor, is
bound, on pain of being lia-
befo, all costs and damages,
to return such writ on the
tlay appointed, together with
ingg, the minutes of seizure,
dli
J r •- ■
I
108
CODK OF I'UOC'EDDIiK, I'AliT H, liOOIC I, TIT. III.
Ill
h
a duplicate of the advertise-
ments, with a certificate of
their publication and of the
oral publiciitions, the minu-
tes of th(! bidding, the con-
ditions of sale, a statement
of his fees and disltursements,
taxed in conformity Avith ar-
ticle 705, the certificate of,
liypothecs charged upon tjie
immoveable seized, and all
oppositions and claims placed •■
in liis hands, or writs of exe-
cution which he has noted
as oppositions. — If there be
a return of nulla bona it must
be made forthwith without
waiting until the day fixed
for the return of the writ. —
If the debtor is an insolvent!
trader, the moneys must, on ;
application to tiiat effect, be i
given into the hands of the <
assignee lawfully appointed, '
together with the certificate
of hypothecs.
698. If the sheriff has been '
iinable to procure a certificate
of the hypothecs before the
day fi.xed for the return of
the writ, he must mention
the fact and file the certifi-
cate afterwards as soon as he
obtains it.
699. As soon as immove-
ables have been adjudged,
the sheriff must procure from
the registrar of the registra-
tion division in which each
immoveable is situated, a
certificate of the hypothecs
charged upon such immove-
able, and registered up to
day of sale ; which certificate
the registrar is bound to
furnish on payment of the fee
established by order of the
Governor in Council. — The
word " hypothecs, " as re-
gards this certifiate, includes
privileges and all other
charges upon real estate.
700. The certificate must
contain :— All hypothecs re-
gistered against the property,
as soon as hypothecs shall
be thus registered, when the
l)lan and book of reference
shall be in force in the regis-
tration division ; all hypo-
thecs registered against' the
parties who, during the ten
years previous to the sale,
were owners of the immove-
able ; and all such anterior
hypothecs as were register-
ed anew during that period.
— It must also contain the
date of the act registered as
creating or evidencing such
hypothec, the date of its regis-
tration, the names, occupa-
tion and residence of the
creditor and the name of the
notary or notaries before
whom the act was passed, if
it is notarial ; it must speci-
fy, when several immove-
ables are seized which of
them is affected by each hy-
pothec, mentioning, as x-e-
gards each hypothec, every
partial payment registered,
and the amount in prin-
cipal and preserved interest
which appears to be due ;
and if the registration of a
hypothec has been renewed,
the certificate must mention
both the registration and the
renewal. — But the registrar
must not include hypothecs
which appear by his books
to have been extinguished or
CHAl'
'^^'^■^0«PCLSonVKXECL-T,O.Vo....OMK,,.H.
^vliollv .iisflmr^od ; and ,•„
searcinu,. fb,- the l/v,„.thc "
tl'C rcMr.strar m„st' not r'
title, u sal,, ni f.ankrin.tcv or
or a sJicnff ^ ^^^i .
)u< gna-Mt of confirmation ui
mie w.tlM-oKani to the im-
" "'^" '"^s been roff stered •
arc ot by such means dis-
Jf there IS no Hypothec rorris-
tered or if all the i.vnothecs
repistercHl appear to liaVXen
fiting.nshed or dischar4d
^^-.uststatesoinhisce^tl:,
nor:^o;:tii;r.^^a-.,-j
and documents in his office {
wha persons were owner of'
the immoveable during Jhe
ten years which preceded the
sale, he must diligently en-
'luireofthe neighboring pi". I
pnetors and other pe^ons |
well acquainted with the
property, and such persons
are bound to give 1 irn ?n
anting and underoah such'
ss'r;?° Tsr'"^'"'^ p«^-
cbseu or. I he registrar, in
he fS''^'^''.' '^"Bt mentioi"
the information he has thus
et^T fact'^n' ^^'^^ ^^" *''^^^
^very tact upon Avhich his
certificate is thus based s
attested by two witnesse.;
Whose affidavits, duly sworn
to before him or any Xr
competent officer, are annex- I
ed to such certificate. !
703. If the immoveable in)
lOD
I question M-as, during the ten
"^'ither the book-. '''".'^''
-'•1 <iocu.tnt'"Jo^^Ui-n';T
«uchinuMoveable,norili."
.ereoMiave been t^ansTu-
th^ ouitv''""''''^' >>^^'''' "f'
I Jivishm " J ^^.i^'f^"^^""
hi^i^'if-r^^-tei'^tii;^
:;"l^^tf;rSi^^-^;S-
via "y "' .''cgistration di-
vis on a certificate of all hv
, lothecs registered whui L
county or registration di
i^ion and the latter ?egt
t'-vi 'kewise 13 subject tot ..
P'ovisionsofthetvvopreced
'"g articles. preced-
IboS'^ofif'' *^'^ P'"» a»fl
depo.hed fn''''' ^'^^'« '^^^»
i^ [»o.ited m any rejristrv
o/hce, conformably o 'the
provisions of articles 2168
^169 and 2170/. of the Civil
Code, the Lieutenant-Go.
•00 incn "^7' ^^ ^'' «''der I'l
council, change the form .^f
certificate to be given bVtl?/
I is bi:?.V^*^''>^.^"cl^ order
oVca r!*^ *f ^^'' Quebec
!|cttSrd%:;^theX^
th rem named provided su?il
?nt^at?e°^i- .ItaS
of such order. (H S O irl
5943). ^ • V-,art.
704. In the case of resale
110 cor»i8 Of '•ocEDfHB^ PAirr ii, book ; tit. hi.
if I'
tor tiiltif l)i(l(liiig, Uitt liififkff
mrt'd not obtain a certitii a If
of hypothecs if one has al-
ready been filed with the re-
turn made ni»on the hrst yale.
705. The sherif id allowed
out of the moneya which he
has levied, all costs incurre(l
hy him lo ellect the yale, and
ail fees Ixdonging to his
office, after they iiave been
taxed by a jud^e or the i»ro-
tbonotary, and the costs of
the certificates of iiyitothecs ;
and he nlo^t hold the balance
subject to the order of the
court.
,8.- 'f the efect of the
uneriff^ s sale.
f-
706. No adjudication is per-
yciii until the price is pai<l,
nnd then it conveys owner-
ship from the time of its date.
707. The purchaser takes
the immoveable in the con-
<iition in which it is at the
time of the adjudication,
^yitllout regard to deteriora-
tions or improvements subse-
quent to the seizure.
708. The adjudic.ition is
always without any warran-
ty as to the contents of the
immoveable, but it conveys
all rights which belong to
it, and which the judgment
debtor might have exercised,
and also all active servitudes
attached to it, even tijougb
they are not mehtiont in
the minutes of seizure.
709. A sheriff's sale •l<^ •
not discharge iramoveabies ,
from servitudes with whicii :
they are charged.
710. A sherilf's Sid< does
not discharge projierty from
hyimtliers resulting from the
(■omnmt;ition of seigniijrial
rights, excepting arrears ac-
crued previously to the sale.
— Nor dot s it discharge
prf)perty from the right ol
eniphyleusis, or from subs-
titution not yet open, or cus-
tomary dower not yet open,
except when it apin-ars on
the face of the proceeding
that there exists a prior or
preferable claim.
711. A sheriff's sale dis-
charges ]ironerty from all
other real riglits not mention-
ed in the conditions of sale.
7ll«. The sale of immovea-
bles, nmde b^y liquidators in
virtue of section 31 of c'l'^pter
129 of the Kevised Statutes of
Canada, and followed by the
formalities hereinafter men-
tioned, has the effect of a
sheriff's sale. (i2. ,S\ O., art.
.">y44).
7lli. A copy of tl'.e deed
of sale and the certificate
from the registrar mentioned
in article U55, must be de-
posited with the liquidator.
Uil).
711c. Notice of such depo-
sit, with mention of the tia-
mes of those who possessed
the immoveable during the
last three years, must be
given, during one month in
the Quebec Official Gazette
and be read and posted at
ihe place and in the manner
ii ■ itio»'e"l in article 952, on
'»e p-c*jnd Sunday preced-
. ig lae delaj? for bidding
h-iemafter me '.loned. {Id;).
•IfAl-
". OK rOMHM.SOra KXK, ,;T,n.V OK jror.MENTs
,,'":/•„ '^'inn;? (1,0 fifteou
l'n>folIovviri^rt|,c lastinsor-
tiori of (|„. notice in flu- (i»i-
nal (.ii/.etto, any rroditor oj'
tfio coinim.iy i„ lif,„i,!utu>f.
and any person liaviiiK ln-po-
thocary or red ri-l.t* .••, oi,
he nnmovoul.I,. ..,1,1. i.Ue
thonphtto off- :,, incroasei
over fla. j,urc{iaM- price men -
tJoned in tlu- dt-o'l of <,ali. I
111
1"
rovided such increase be at
ast one ■ ■ - '- "I
price and tliat tho hi.idcr
offers I.eside to refund to the
purohnser his costs and law-
ul disbiir.^ements, and uives
I'lm forfhatpnrpo.se secnri.v
in tlio ordinary manner or de-
posits a sum sufficient for
tha purpose in the discretion
of thecourtorjndjre, reservr-
lug tlie subsequent comole- I 5 Q nfti
fi/>rt <i... , I .. ' ill 11
'lel.tor, must demand if of
.;; shorifr. and upon the she-
r s return .,r certificate of
t'le ivfnsal to deliver the
IMUchaser may apply to t e
(MliU'h the debtor iiasre.eiv-
od notice and obtain an or-
, er commandiuo- the sheriff
j to dispossess the debtor, and
I to put the mirchaserin'pos-
M'^^ion^witfioutpivjudici-to
tlie recourse of the latter
against the debtor for all da-
i'n'iges and costs resulting
Jrom his refusal. (M, art^
xW^l't T-'° ^'.'"^''■^^'^'ng'' upon
!'" .^"'Pl'l^'-^tion are the same
filse bidding.
like manner, and under'fhe
same conditions, outbid upon
tlie first increase and mav
ronti:»ue outbidding each
orher, provided thp ^.sn^'h sub
t'K^i., .J Mcreased ' ;,. be not
Jess ttiaa one-twentieth of
expenses. {Id.). S.hh M* ^.^^lities at-
711/ The pi^rchaser may I t'n^v • -^ ' Tt?' "^^"^
however keep and retain thi i the ,urc.;~.-j}f .','-',•' ^'
imiiiuvcable dl I ieumnnntr>f tr^ «i,- *• ." " ' '^ -^^ 'S iiubic
tbe highest bid olfcid (/< ) ' "stoma,? d^' '■™'°" f "°''""
n^^^t^.ix's;;?;-" s^; ^ S ■ "^"'^^^.M^t-:
fice was cmploved, with the
knowledge of the purchaser'
to keep persons from biddin<r
—ituo essential conditions
.mU formalities prescribe' ^r
the sale have not been obst-rv-
«?« ; but the seizing partv
cannot vacate the sdi for
112 CODK OF moCEDURK, PAHT ;i. i;00K I, TIT. III.
the imTnovcal)le dillcrs so
much from the clescription
Kivcn of it in the iiiiniilcs (.!'
MMZure, that ii is to he pre-
sumed that the purchaser
■would not liave bonglit liad
he I)eeii aware of the diU'e-
rence.
715. Tlie application must
be made in the suit l)y a
special pcMtion, it must be
served upon the seizing par-
ty and upon all other interest-
ed parties in the suit, and in
other respects is subject to
the rules of ordinary proce-
dure.— The party who prose-
cuted the seizure and sale
lias a preferable right to con-
test any suit brought to va-
cate such sale ; and if he
fails to do so within the
prescribed delays, any other
party may take up the con-
testation ; but the ])urchaser
cannot, in any case, be con-
<leraned to pay the costs of
more than one contestation.
71(J. Applications on be-
half ofthe judgment debtor to
vacate siieriff's sales, must
be made within the same de-
lays as are prescribed for ap-
pealing from judgments of
the superior court.
717. Grounds of nullity of
Ji sheriffs sale mav likewise
be set up by the 'purchaser
against whom an application
is made for a resale for false
bidding.
§ 10. — Of oppositions for
paifinent.
718. The prothonotary is
bound to keep a register in
which are entered all returns
l)y the sheriff to writs of exe-
cution issued by the court,
with mention of\he amounts,
levied, of the oppositions
made to the distribution
thereof, and of all claims
filed as well in the hands of
the sheriff as in the protho-
notary' s office.
710. Oppositions for pay-
ment are necessary only for
such claims as the registrar is
not bound to insert in his
certificate of the hypothecs
charged upon the immovea-
ble sold, as required by ar-
ticle 700.— They are not ne-
cessary for claims resulting
from "^ municipal or school
taxes, or assessments for the
building or repairing of
churches, parsonages and
churcli-yards ; and it is suffi-
cient that a statement of such
claims, certified by the secre-
tary-treasurer, or other au-
thorized agent of the corpora-
tion, be filed in the hands of
the sheriff or prothonotary.
— Claims for arrears of cens
et rentes, or other rents con-
stituted in their stead, may
likewise be made by filing
with the sheriff or protho-
notary a statement thereof,
under the signat''-e of the
seignior, or creuitor, or of
his agent.
730. Oppositions for pay-
ment may be filed with the
sheriff, if he has not yet made
his return, or in the office of
the prothonotary where the
return is made, within six
days after the return.— After
the delay, they cannot be
^"AP. ., OP COMPC.,SOUV KXKCCTIOX OP ..n.MKXrs.
filed without permission of the
courtorjudjre and „,,,,„, ;,•;
co.uht.onasheorit'im.o;:!
\''- '>• V*., art. 594G).
731. \o costs are allowed
Jl'o opposant upon onnos
tu.n.storthoj,ay'ment?t^, :
ani:;;:^^^'-"-tionedii
733. All oppositions for pay-
ment must contain an ele'c
does not ostahlish ?he ev?s
nrn 1. ''-l ^' l"*^Pared 1 y tlTe
their ^,S^,--^-^^ to I
amount of his claim! "'
^ ^^~ ^ (collocation and (he
^^^^^nbution of moneys
tlJ^twpS>r'7^''"''^thand
^MJoit the same. — If \u^.„
f «';., the sheriff h , s' te'i"
"nab e to return t ?
flcate„f„,,Se™,' o,5ok'v
113
oppo.^ant, the amount leyied
Jl'e person in \vl.n.<e ha, k if
;s, and the filing. <,f S'l.'
tificafc of hypothec... "
73G. K.'ich collocation must
'^^'"'i a s.'parate artick ;„
"•""^'•ical order, and n'n,'
n'ent.on whether tl c ,
>ears upon all the moneys'
Je distributed, or only i,)o\?
I'e price of a particula • C-
;rnoveabe, or Part of a, m-
injoyeabh the-nature of ^
cla'ra and the date of the tit!
land of its registration '^^
«37. [n preparing the re-
port <,f distribution Uienro-
to the apparent rights of the
paries, as shewn In- the cert
I \;;f ^^ o.n.ypothecs ti ed 1 ';
''J''im'a'r'^V'^'"PP"^'tion^
ic.aim.^aud other document'?
orming part of the r "cord
and in conformity with the
rales contained in th ii'' i
Code, in the title Of Prici
leges and UypoUiecsUnX Of
RegiHraiion of real TiJ{
-l^wUh those hereiu^^^
owing order:-!. Co^ts of
tlereport;_2.Commis on
on amounts deposits, anS
tax upon the amount leyied
'f.anv- 13 due, and cos s of
«e.^nroandsale,ifthr;iaye
ot been retained out^fthe
, nuinejs leyied , --3. Costs i
(curredupon the wrh of ''"
I oution against immoyeablefi'
'^"^I such as may remain
; "e upon the discussion of
tliemoyeables,-4. Costsnf
cancelling hypothecs, or of
i i
11 :
1
114
COl E OK PROCEDURE, PART II, BOOK I, TIT. HI.
establirihiiig tliat tlioy are
extinguislu'd ; — 5. Costs of
affixing seals, aud of making'
any inventory required by
law ; — 6. Costs incnrrea,
either in the court below or
in appeal, upon itroceedings
incidental to the seizure an<l
necessary to effect the sale of
the immoveables ; — 7. Costs
of suit, as provided in article
006.
720. After law costs, those
claimants must be collocated
ill their respective order who
had some right of property in
the immceable sold, who
tailed to set up their rights
in due time by opposition
to annul, opposition to with-
draw, or opposition to secuie
charges, but have filed oppo-
sitions for payment ; after,
however, deducting such
debts as they may be Ijound
to pay and as have become i
payable in consequence of|
tiie sale of the immoveable,
and the costs mentioned in
the preceding article.
730. Conditional hypothecs
are collocated in the report
;i('c,ording to their rank, but
tiie amounts thereof are made
payable to subsequent credi-
tors whose claims are exigi-
ble, or in default of these, to
the defendant, upon good and
sufficient sureties being given
for the return of the money, in
the event of the condition
being fulfilled ; and upon fail-
ure of the latter to give such
security, within the delays
fixed by the court or judge,
the amounts may be paid to
the coaditiouai creditors,
upon their giving good and
sufficient sureties to return
the moneys in the event of
the condition failing, or be-
coming impossible, and pay-
ing interest v. hen the case
requires it. to such persons as
the court or judge may or-
der. — In the case of neither
party furnishing the requi-
site security, the amount of
the conditional claim my be
placed in the hands of a
sequestrator or depositary,
upon whom the parties agree,
or whom the court names of
its own accord. {R. S. Q.,
art. 5947).
7C1. When a prior claim is
undetermined and unlioui-
dated, the prothonotary, out
of the disposable moneys,
must reserve a sufficient sum
to cover it ; and such sum
remains in the sheriffs hands
until the claim is liquidated,
or until the court otherwise
orders.
733. Hypothecary claims
due with a term of payment
become exigible in conse-
quence of the discussion aud
sale of the immoveable sub-
ject to them, and are bene-
ficially collocated, but if thej^
do not bear interest, the credi-
tor is then collocated and
receives the amount of his
collocation on condition that
he shall give, and after he
has given, security to pay in-
terest, until the term expires,
to the subsequent creditors
mentioned in the report; and
it he is collocated for a part
only of his claim, he is not
liable for interest towards
CHAP. u. OK coMrr-Lsonv Kx-^rrT,nv n.
fmt „ "'r,*^"*^"^ creditors
""til t'e full amount of his
claim is completed.
733. Claims for the capital
of life-rents are deteimined
and collocated acconli",' to
iOl, of the Civil Code
734. Intei-est and ai-rears
of rer>ts pi-eserved hv i'e^ls!
tratior, of a claim are coTlo-
cated iii the same rank Avith
wtiich the mim-> al,U. was
ad,ndged.-A creditor vl o! J
claim IS registered is collo-
ca ed in the sanie .u^t
*neh ta.xed cost.s onlv, as
are incurred in the court in
-Inch he originally ;S,^
judgment for the recovery of
l"s claim. His costs in appeal
rank only according to the
date of their registi-alio,'.'
4.i.j. \\ hen several im-
jyeables. or pieces or pircds
or and sepaiatelv charo-ed
;vithdi/ferent claims ais'^Id
for one and the same pi-ice
— ■«hcn a vendor's claim
comes in concurrence with a
''"'^,7,«Ppvn-lege;or-when
.creditor has some pi-eferen-
tial claim upon part of an
mmoveahle, by 'reason of
improvements or other cause-
-and tlie disposable moneys
n-e insufficient ;-theprotK!
fai\, if the recoi-d does not
attord him sufficient data to i
mseJf, must suspend the
•ac s to''/]" ''"'^' '^''^''t ^l>ei
acts to the court or judge.
^^^- >>■ Q., art. 5948). 1
ofon^enfir^'^.'^J'J^^'^^tion
or one of the parties in terest-
115
:o 'eiti"'^;''■•'"''^^•
ili 1 he n, I- ' ^" ^"^ »'»"»?d
'" ,""^ ofdinai'v iiiaiiiier in
"■•der to establish t he ' ■4'^
■^IX'Ctive vahies of the im
fnoveables. pieces of land r
■niprovements, and tie '
I-nion.vhich'sh;:^I^'\;:
lotted to each out of t h .
"yV'^^'^ to be distri?^,t r
(/''•, ait. 504!>),
73r. Thei-elativo valuation
''f''"?? established upon le
fjporto the experts, ^h^ce
i»->ciit back to the Drofh,.
'.""taiybythecoui-torjud':
;''7'dortl,athemavpr eeS
o.lete,minetheoi-,U"rofeoi
^J^ation^iiidthedis^ii:;;;;^:
cJe^1;'^'"'''^"''*'''^'''s'^erfifi.
caic 1^ y';vw,/A,^/e evidence
2 ' /. »t it may be contested
0" '''c ground of error of
^':aud on the part of the re
K'strai-orin hVs books aid
!" such case the court 'ma
the ends of justice req ,1^
t. oi-der any interested ,er-
H to be cal ed in to a.is ver
the eontestation which mu t
o'i'trat.-Such interested i.a-
ties a,-e called iii bv be "Z;
served w th the oi'der of t,?
coui-t or judge; and the se
vice may be either pei'son. l
or at doinicile, or by ad ver
pti.>,ons ai'e absent, in the
ame manner as npoi'ioidir a-
•3 summons, (/i., art. 5951 .
cause '' ^''''^y to the
cau.e, or any peison appear-
10
110 COOK OF I'ltOCKDUnK, I' MIT 11, liOOK I, TIT. III.
mg voluiitnrily, may pro-
diice any acquittance or ilo-
cumont of a nature to estali-
lisli the discliaij^a' or extin'^-
tion of a claim mentioucij in
tlie certificate of liypotiiecs.
proviiled it is arc()mi)aliied
witli such proof as would i)e
required to justify the r^ixiri-
triii- in receiving it ; and the
court or judge may there-
upon correct the certificate,
o:' oi'der it to be sent back
to the registrar for correc-
tion, or else the registrar may
ti'ansrait to the prothono-
tary a supplementary certiO-
cate in amendment to the
former one. ;
740. The registrar is deem- i
od to be an officer of the
court for all tluit concerns
such certificate of livpothecs.
as also lor the taxation of
his fees an.l exi)enses for
services rendered in regard
thereto.
741. Any person interested
in the distribution of moneys
may, either in term or 'in :
vacation, even before contes- i
tation, cause the defendant
or the creditor, or debtor of
any hypothecs mentioned in
the registrar's certificate or
anv ojiposition, or any other
person having cognizance of
the facts, to be examineci be-
fore the judge, or, in liis
absence, })efore the protlio-
notary, in order to establish
whether such hypotliec has
not been discharged, in whole
or in part, or otherwise oxtiu'T-
iiished, or to prove any otiier
fact material to the' case ;
andauy person thus examined
is bound to disclose the exis-
tence of any iecei])t, account,
documentor writing, relating
to such discharge or extinc-
tion, and to j)roduce the
iiame if it be in his jiower ;
and if it ajipears liy the cer-
tificate of hyjiothe'cs. or by
any opposition in the case,
that sucji [jcrson is the cre-
ditor of the hypothec, his
admissions constitute proof.
I A person thus examined can-
not ask to be taxed as a wit-
ness if he is interested in
the distribution, nor can he
ask to be paid his travell-
: ing expenses before a,iisAver-
I ing. — If the hypothecary
I creditor of the person wh'o
was in iiossession of the im-
moveables in question at the
commencement of the ten
years next preceeding the day
of tlie judicial sale, or his
legal representatives, cannot
be found so as to be sum-
moned and examined, then,
upon the affidavit of any per-
son swearing that he' has
reason to believe, and verily
believes, that the hypothec
has been paid, discharged or
extinguished, the court or a
judge may order such cre-
ditor, or ids representatives,
to be summoned in the same
manner as absentee defen-
dants, and if such creditor or
absentee defendants fail to
appear, the distribution takes
place in the same manner as
if the hypothec had not been
mentiotied in the certificate
of the registrar.
743. The parties are allow-
ed eight days to contest the
CHAP. ,1, OF C0.U1.1L.S(.UV KXEcrTIOV OP n:
^ u(K\ o^ JL1)(;me.VT.s
ll.t ,.<■ .1 .• i •■ .
report of , listriln.(ion,rockon-
inj.'f'om tJie.iavoM vim. t
^^ -'t.red o„ the ^l^lj^
'a},i/"ot, thedelavi.srork-
j'ned from the Monday rl
lowing-. •'
.Jt^\ T^l« t-'ontcstation may
elaotothereportifscdfana
to the order or rank of the
collocations, or it raav -o to
the n.ont.s or snb.tance of
an> of the claims Ijeneficiallv
colloratod. and in this • i
the rej.ort becomes im),liedlv
contested ,,,, tayecltlrt^re
extent ot such contestation
vithout ifH bein,. neco sa 'v
file a special contestatio?!
ofthe report to that end. The
contestation in all caJmn
sonsand documents in sun-'
I'ort thereof, if there aria ?,
and a copy „f g„eh conten'al
tion must be loft wit to
r^Hy interested, either at his
Elected domicile or at the
prothonotary'« office, if there
IS no such domicile.
744. Contestation of the
report or of the order ■ col!,
td forMiwith upon the roll
or hearing, afternotice^ive
on tcr-^is^lf'i
;;2ei. answer to- such cZ^
117
thJtf" 't -''^ contestation of
tbe report IS maintained with-
t^ ouroftiij— -:
levied — 1,1 the event of ti e
one of the parties, the con.
Jestinrj p;i,-ty is ^till entitled
•;"'' '"''ocutiMnJusri-htt,,
i^'Hiand .subn.oation a::- i,.s
;;- party condemned t^";;;;^
tio'f'nfW"'- ^''^ contesta.
f'o 1 ot the report, or of ,i
collocated clahA is maintaSn-
"• 'J. '="^0 maintained for the
'•rnehtofthemassofthecl
; ;;ors, and the coui't' o -a' ;
tfu prothonotary to prepa e
'\ 'leu rei)ort accordin^r to
'^'^V^^^lf-^oftlH. partiesr
chfm« '""'^^''^o^testing-
ci't f' ^P^'^'tions or collo"
ele. oft/''^-""-' to which-
IS nibt to use It.— A nartv
-;hose claim or colloc^ti:;;;^
contested ig not bound to
an.swer more than one of s
veral contestations ?ounded
1 the same grounds, and he
"ay apply to have such CO !
te=tMions united an<l the pro
eeedings thereon o, du?ted
between him and tlit fi ^
:«^...^ni, party, all, Utiles
.1 't .> ''-'"ff served upon
II the other contestinj? par-
ties, who have a ric/f-t /
^■atch the proceJdi. .'4'' u d
the'p;^t^^ir*;'^^'^"^'•'-"^^
I op.ut,\ who has taken ni)
the contestation, in the evert
f he withdrawal o ,• of h s
neslectorrefusal to proceed'
748. ContestUion« u„on
!,^i "f^'ts of oppositionfo
Claims are subject to the rules
o P.rocednre which applv in
ordinary suits. ^ '
749. After the delay for
(Mi
118
CODE OF I'HOCEUfUE, PART II, nOOK 1, TIT.
in.
i' i!
contesting the report lias
expired, tlu- jtrosecuting par-
ty, or, upon his failure to do
so wiiliin two duvs. auv
other i)ai'fy interested, may
move tor the liuniologatioii of
tlie whole report, if there is
Jio contestation, or of the
part which id not contested
or is not affected hy the con-
testation, when these are on-
ly to a part.— Such motion
cannot, however, be made
until after notice thereof has
been posted up in the protho-
notary's ollice duringat least
four days. i
<flO, The homologation '
may be thus granted either bv
the court or by the protho-
notary, in term or in vacation
unless there is a counter-ap- '
plication or a contestation, in |
which case the court alone '
can decide. \
751. If in any distribution i
■whether homologated or not, I
a creditor is collocated for !
any sum tliat is not due to ;
him, the court, upon a decla-
ration of the creditor to that !
effect, may order a supple- j
mentary distribution of the ]
sum thus allowed him.— If
the person thus collocated
fails to declare what he has
previously received, the judge
may, upon the application of
any party interested, and on
production of an authentic
discharge, order a supple-
mentary distribution of the
amount of such collocation.
— Tf there be no authentic
discharge .the person thus
collocated must be called in.
upon application to the court
or judge and in such case
the provisions of article 741
apjdy— If the person collo-
cated has no known domicile
in Lower Canada, or if he i.^
dead and his legal represen-
tatives are not certainly
known, the judge may, upon
a certificate of the fact (jrder
them to be called in the
manner provided in article
68.
73a. "When no opposition
for payment has been filed
and no claim appears by
the registrar's certificate, or
when all thei»arties consent,
the moneys levied may, with-
out the formality- of a report
of distriltution, be adjudged
by the prothonotary to the
parties entitled to them, upon
a motion to that effect made
either in term or in vacation.
§ 12. 0/ sub-collocation.
753. Any creditor of a per-
son who is entitleil to be
collocated, or is beneficially
collocated upon moneys levi-
ed, has a right to file a sub-
opposition, demanding that,
to the e.\tent of his claim,
the sum accruing to his deb-
tor be not paid to such debtor,
but to him. He cannot,
however, exercise this right
unless his debtor is insolvent,
or his claim carries execu-
tion,
754. Sub-oppositions must
be served upon the party
whose moneys are thus stop-
ped.
755. The sub-collocation
may follow the collocation,
rnes execu-
7^G. If a debtor foil, to iKl''- ' """'^'^^'''•^''^"'^'^ti^f;
s cred.tor n,.y intervene in ie^.'/:*;'' V'"' *''^ ''itter'mav
t'Je d ..tnbiuion in on k ^'"^Q*l the resale of the
,37'se.the rights o'jno uTh'-Tr'^' "'"^'' '^'"^ ''
"t'btor, 111 the s^iinr. ,T., f'»J-t' bid(iin(r.
j ?i ivil appeal, or a "netit'ion
"'onejjs levied. . c! ^'^ *'''', '^' wliether he
; ''.isiippeared in the suit or
7-7. At the expiration of ' hi '''''!'V'^'''"fe' "»'^''ti''"ed ia'
fl T,; ' -^'-^ ''^^?'- ' ^'''' ^i'' e oM e Inf no?'' "^ ''Jpothecs
tilt Ji'>igmcnt homoloo-atinff' pjf """^ appeared.-Anv
V^port of distributicrn I,f ^ ''^"' i^^entioned in thi
P'Uties entitled therJtotho' "''^ appeared in te
-oney^ which brLai 'M^^'i"^^; '— ver, wilt
'"^."lejs which he hai rf f'n^ fir!' '"^'^' "'O'-eover, wi
^^^''^'«J. ■'" "--. "fifteen days, seek I'edr.
nJf^:J^^^^^^^ of the : Se'Si!!!:r ^H-^ition
eas
to
'58. The amount nf ,\ 7 M'^'''*ns of e
'•oliocation ofTcSo? m^ I' ^ "" J"'^§-'"ent.
f."!"ed iuthereo-i'tmr', ' " • I*"*" '" t»'« event of a
;;-ate, and wi/o^l;; ^^;ri^4--t of distrLuiou
!"fd an opposition :em« n ' ' .? V-^- '^^^^""<?*1) or of the
;;;,the hanis of the^S.^^;^J^^'^a.ionbei;.gsetasi;k
i">fi such creditor or bi^ h, the eviction of the
pi representatives demanh;^'"' "' '"^ ^-^'P-'^'sentatives
couT''""l^ give u valid 7hi'chU.r^ ""^ "^^''^ ^■^»"'
acquittance therefor. ' l,V^ "'^, Property was not
nffif- ^'V^ ^^l>eri/r,or other I e -t*; '"'^'"'^ ''^' ^'''^^
officer performing 'his ft, , n. / '"'"' °^ay have been
lons,may be hAd 'L^^i J ' ^ "^Li^aidnnist be retim"
cive imprisonmc
..yment of the monevs )
'^"» levied and •■
the \ X
eci to the sheriff, and tl
le
par-
";e bound to pay'back
7G0. If tl
receive!.
'J such moneys upo
or a
le moneys levied,
I from th
portion tliereoY rem
. n an order
e court to that effect.
ain
120
COOK Of PRocKi)Uia:,i'AnT ir, hook i, tit. hi.
•■ ,<
tm
SKgTION \ [
OK AltA.VnoNMIlNT OF PUO-
riiit'i V.
7<!3. Any debtor arrested
under u urit of rafiids ad res-
jtondefhhim, mayniiike a judi-
cial aliaiidoniiieiit of his jjto-
perty for the benefit of lii.s
("•editors. — In th(! absence of
u capias noabundoninent can
be made, if the deittor has
not been so required as
hereinafter jjrovided, (/;'. S.
Q-, art. GOr.L').
7G3 a. Every trader who
ha.s ceased his payments may
be required to make sucli
abandonment by a creditor,
whose claim is unsecured,
for a sum of two hundred
dollars and upwards. (/(/.
art. 595;{).
'T(;4. This abandonment is
effected by filing a statement,
sworn to' by the defendant,
and making known : -1. All
the moveable and imriovc-iv- i
ble property of which he is i
possessed; 2. The names and
addresses of his creditors,
the amount of their respec-
tive claims, and the nature
of each claim, Avhether piivi-
leged, hypothecary or other-
wise Such statement must
be accompanied with a de-
claration by the debtor that
he consents to abandon all
his property to his creditors.
— The abandonment is made
in the office of the prothono-
tary of the superior cuurt of
the district wherein the ca-
pias issued and in the ab-
sence of capias, of the dis-
trict of the place where the
debtor has his principal place
of business, and. in default
of such place, of the place of
his domicile. (LL, art. r):ir)4).
7(;.». Tile debtor must give
notice of the abandonment,
by inserting an advertise-
ment to that effect in the
Quebec OfKcinl (iazette and
by a registered notice sent by
mail to the address of each
of his creditors.— The notice
adressed to the creditors must
contain a list of tlie creditors
of the debtor, nieutioning the
amount due to each.— In de-
fault of such notices being
j,nven by the debtor any cre-
ditor niav give them himself.
(/(/., art. 59(;r)).
7GG. A debtor who has been
admitted to bail is bound to
file thi.s statement and de-
claration witliin thirty days
from the date of the judgment
rendered in the suit in which
he was arrested. —Any person
condemned to pay a sum ex-
ceeding eighty dollars, ex-
clusive of interest from service
of process and costs, for a
debt of a commercial nature,
is likewise, after such movea-
ble and immoveable property,
as he appears possessed of,
have been discussed, bound,
upon being required to do so,
to file a «imila'' statement.
7G7. h' the debtor is in gaol
he may file such statement
and declaration at any time.
7G8. Immediately after the
filing of the statement the
prothonotary appoints a pio-
visional guardian, whom he,
as far as possible, selects-
III.
wliei'i' tiip
icipal place
ill (ii'fiiiilt
tlif i>Iac<' (if
, art. ','X>4).
r 111 list jfive
iiuionniL'iit,
a (Ive rti.se-
t'ft ill the
lazette and
ticc sent hy
'S3 of each
The notice
ili tors must
le creditors
tioiiing the
h. — In <le-
ices l)einy
)r any cre-
!m him&elt.
10 has been
1 bound to
t and de-
ll irty days
'judgment
it in which
^ny person
a sum ex-
Lillars, ex-
'oni service
jsts, for a
ial nature,
ch movea-
.' property,
isessed of,
k1, bound,
d to do so,
tenient.
r is in gaol
statement
any time.
y after the
mient the
iuts a pio-
whom he,
e, selects'
'"""""""'•"■™"-«-™o.v „...,„,,„,,,
execut
V22
(.'ODK. OK IMKK'KDritK. I'AIIT II, llf.OK I, TIT, III.
Iiivor ol 1li(.' cnMlitors of the
debtor |,^t'iu'rally witlioiit
nit'iitiuiiin;,' their uaim's {/'!. ,
art. r);ir.!»).
771 . Tlic ciirntor takosjios-
si'ssioii of all tlio proi)i'rty
iiU'iitioiu'd in the statciiu'tit,
and admiiiistiTS it until it is
(^old in tilt' nianner licicin-
fiflcr nii'iitioiu'd.
"iTi. The (Mirutor has likt -
M ise a right to receive, col-
locl and lopover any other
jtroperty lieloii^'ing to the
<iel)lor, and which the latter
has failed to include in liis
statement. — 2. The curator
uniy. uith tl'ie jiorniissioii of
tiie court or luii^e, upon the
iulviee of the creditors or
insi>ectors, exerci.se all the
r gilts of action of the debtor
and all the actions possessed
by the mass of the creditors.
— ;i. The curator may sell the
debts anil moveables and im-
moveables of the debtor in
the manner indicated by the
court iir judge, upon the ad-
vice of the parties interested
or the inspectors. — 4. I'pon
the demand of the curator,
authorized by the creditors
or by the inspectors, or upon
the demand of an hypothec-
ary creditor, of which de-
nuiud sunioient notice must
be {riven to the debtor, the
court or judge may authorize
the curator, or command him,
to issue his warrant address-
ed to tlie sheriff of the dis-
trict where the immoveables
of the debtor are situated
roouiiing him to seize and
sell such imnnveables. — The
sheriff executes such warrant
without making anv service
u])on thedeiitor, Imt by other-
wise oliserving the same for-
malities as in the ca<<e of a
writ (■/<• tern's; and all j)r(t-
ceediii^s subsequent to the
i.-'sue^ of the warrant up to
tlie distribution of the moiievs
arising fvoni the s«le are had
in the superior court. — The
"listribution of such moneys
niust be niaile Iiy the curator
in accordanc«' with tlie pro-
visions of artii'le .^);)t;i. (N. S.
V-. iirt. f)0()(i. as amended bv
b-> Vict., cait.ni).
TS'id. The moneys realized
by the curator fVo'ni the pro-
j>erty of the debtor must be
distributed among the cred-
itors liy means of dividend
sheets prcjiared after tji,. (..x-
piration of the delays to tile
I creditors' claims, *^aiul are
payable fifteen days after no-
i tice is given of the prepara-
tion of such ilividend sheets.
— Such notice is given bv
the insertion of an advertise-
ment in tht' Quebec Oflicial
Gazette, and by a registered
notice sent by mail to the
address of each of the credit-
ors of the debtor who have
filed their claims or who ap-
pear upon the list of credit-
ors furnished by hiin.— The
claims or dividends may be
contested by anv jiarty in-
terested.— The contestation
for such purpose is filed
with the curator, who is
bound to transmit it imme-
diately to the prothonotarv
of the superior court of the
district in which the pro-
ceedings upon the abandon-
r. III.
iiiiy ^crvioo
l)lll liV otlllT-
lif siiiisc f'or-
lif f.'ixc »(|' a
iiiil all pni-
nciit to the
ITilllt \\\) to
I'tllC 1110ll('\ s
Sfllo HIT liud
oiirt. — The
lu'li nioiH'vs
tlio (■urn tor
ith the pro-
50*11. (R.S.
ninoiidcd hy
eyg roalizod
0111 tlio ])ro-
tor must 1)0
ig the nvd-
of dividend
attiT tiic (>x-
ehty.s to file
', and aro
iVH after 110-
fie m-oparii-
leiiii slu'ols,
3 triven hy
ri advertise-
bec Oflicial
I registered
nail to the
r the credit-
;• who have
or who ap-
t of credit-
him.— The
ids may be
• 1 tarty in-
outcstatioii
se is filed
T, who is
it it iniTue-
othonotary
ourt of tli'e
1 the i)ro-
' abaudon-
'-^fcMTioN oy .nur.iiKSTH. 12.'5
"H-nt an- .„,. deposit,.,!, or
tos.uh .„|,.,, dis/ri,., „,;,^;
I'arli.s,nt..n.8,..,| i„tl,eeo,.
^^^ ■""". ...ay „.,.,.. upo, .
""l>"<lM-oMteHtafionisp,,,:
"■<-<l''d upon and d..,id..d in
H;Mmmaryn,ann..r.(/,/,arf.
77:|. Any .reditormayron- ■
'<.><t. satement. by reason:
—i- U! the omission to mcr,.
<■;>". property ,.f tl,, value
"fo'^ri'ty.l.dlars:-:. ,,/' "
«ecret,^,H,v tin. debtor. vvi\lV
'" V"' .^ V'-'- "ninediatelv ,„■,..
•<;ji"'g»he institution 'of',!,,.
'Nis pn.,u.rtr. with jruont
^> ;rf.and his eredito,^ !i!
■•■Of baiHluleiitniisrepresen-
;ationsn,tlM^soue,„ent u t,
respect to the numb.-r of i
n-e.li(ors or ,i,e nature o,
amount of their claims, li
<-ases where the debtor Ini
gneumnieeoftheabandon-
raet^ ot his property to j,;.
Jli:;;':,-.. rj*--' p-»;;;;
(w! tl.,. I """»" prescrii)-
d, the .le ay to ront:'st the
MitementKsrestricte.l, as to
IH^. creditors to whom the'
om?i;fr'/''l»^'''''''"''»th.s:
nonce. (/,/•, art. 5[t(;2). |
;,','■*• T''^ '-■oi'tt'stingparfvl
-bourn, within th^Lmi
<itia>, to prove hs allerr,, I
nonsbyall'le^almeans Si
thrd.r''/''"^'^^'"'I>'-"'<>''S;
ifK delay for making? such
Ehs!"'^ not beyorld two I
^75 The debtor is bound'
fo attend before the court or
eforeajudge, under the pen!
;^lt3 hereinafter imposed in
order to answer all liuestions
"•'"'•'' "lay |,e ,„„ ,„ , ;
iost';!'); , •''''•'''••^''■''^'l''''-tv
J'..l>li>hes any o„e of tja.
>'.-..ces mentioned in arti • .
/7-<, or If i|„. ,|,.)„or refuse-
•• "*'""•' "'• - ">'su '^;,'
;;|..Mvd under the prece.li,:^
.ie. l.e ,.„urt or jud-e
"".i.\ <ondemn him to be in,
'•••;'^;!'-' inr a term no -'
eed.ng one year. _ Jf i',.
debtor so ordered to be i,
l;-:;:;;:-'- doen not snrn'nde;
''■;, '"'•'■^''•>t«''rren<|ered
;1^ ■^'" '' '>''der, the,, the sure
t«« are liable to pav he
;';'"^"'; th- debt, Uct '
^' ' .Mterest and all costs'
he debtor, disehaiKed
. 0' l-ail, d,H.g „ot prodnee
; .^j^atrmeiHanddec/aratioi^
to " "".'''>' iJ".vsmen-
"o.od n, article Tdij. such
'^' '.tor nnd hi.s suretie.s are
« 'I'loct to the .same pen It^is
«' d recourse as here'inabove
^'f- •>• <;>., art. 5%3).
777. Jf- the allegations to
the contestation are not
I'/oved, withi,! the iel vs
above mentioned, the curt
orj.ulge may order th, 1 s
c barge of the debtor ; and
.tbe atter cannot a^ain be
miprLsoned for any dl-bt d-ie
rt"' Phamtili; or any other
eaue'^'f ''•>• '-^^^'on 'of In^
; r'."''^f «f action anterior to
' isstatmientanddeclaratio
of abandonment; and in ea"e
such Hupri.oiHuenthemav
11
124 CODK OK I'UOCEDL'HK, PAHT II, HOOK 1, TIT. III.
778. Tlic uliaiKloiiiiiciit of
liii^ property (k-nrivcrf the
debtor of tiie einoviiient of
his property, (ukI jrives his
creditors the ri^'ht to have it
sold for the payment of their
re.-^pective ciainis. {li. S. (J.,
art. 5%4).
77J). The nbandornnent of
111."* property di.sciiai<re3 the
<lehl()r from his debt to the
cxtint only of the amount
v-hich his ereditors liave lieen
paid out of the proceeds of
the sale of such jtroperty.
780. Whenever a cai)ias
could not be e.xecuted bv
reason of the ab.sencc of the
def.'ndant, or because he
Could not be found, and when
the defendant has left the
province or no longer resides
therein, and has ceased his
payments, tliere mav, after
notice to the defenllant or
debtor, in the manner pre-
scribed by the court or judge,
be appointed a guardian and
curator, whose powers and
obligations shall be the same
ns if appointed after an aban-
donment of property. {H. S.
^., art. 5965).
SECTION VII.
OF COERCIVE IMPRISONMENT.
781. Coercive imprison-
ment cannot be carried into
execution without a special
rule granted by the court,
after personal notice given to
the party liable to it. unless
such jtarty absconds in order
to avoid it.
783. In all cases of resist-
ance to the orders of the court
respecting the execution of
the judgment by seizure and
sale of the pro"^pertv f)f the
del)tor, a.q well as inall cases
in whicli the defendant con-
veys away or secretes his
effects, or uses violence or
shuts his doors to prevent
the seizure, a judge, out of
court, may exercise all the
powers of the court, and
order the defendant to be
imprisoned until he satisfies
the judgment.
783. Coercive imprison-
ment cannot be granted
against tutors or curators for
any balance of account iliie
by them, until after the ex-
piration of four months from
the service upon them of the
judgment establishing such
balance,
784. Coercive imprison-
ment can only be effected in
the time during whicli sum-
monses may be served.
785. The debtor cannot be
arrested :— 1. On a legal ho-
liday ;— 2. In a place of pu-
blic worship, during divine
service ;— .3.' In a court of
justice when the court is sit-
ting, or before any privileged
tribunal.
78C. Notwithstanding what
is contained in the two pre-
ceding articles, the court
may order the arrest to be
made on a holidav, or at any
time, if it is established that
the defendant is acting in
such a manner as to escape it.
787. Coercive imprison-
ment can only be executed
in virtue of a writ or order
III.
of the court
<ecution of
rJfi/ure an(l
Tly of the
in all cases
ndant con-
ecretes his
■iolence or
to prevent
Ige, out of
iae all the
;ourt, and
ant to he
he satisfies
iinprison-
granted
urators for
count duo
er the ex-
jnths from
hem of the
hing such
imprison-
effected in
hicli suni-
t'cd.
cannot be
I legal ho-
ice of j)u-
iig divine
court of
)urt is sit-
pnvileged
ling what
two p re-
he court
•est to be
or at any
shed that
icting in
escape it.
iraprison-
executed
or order
<^"A''.M, oKCoM,.rr.s.,.VKXKl.rT,OVo:.,:
f'omthec.urto.jndge.which
•ME.VTS. 12.';
ofli
«LTS, «f„| is (.|o||m.,! witi,
he.,n...orn.a!ities,andcoM-
t""H the .«ame matter-^ „r
writs of execution.
7«H. Whenever the nor
I'on eon.h.n.ned t„ co't ■ vj
mpns.uunent resides in m.
other di.stricf, the writ niMst
»'eaddre.s..c.,ifo and exec
e;l^by the sheriff of such dis:
is?fS'e",Sr'f'"'"""^f^''-'"""^<^"t
'sentited hy arre.stin.' the
debtor and placing hhn
nistodyoffh'ekeeptr f the
;-hii;e;;;St^;;or'"-"^:
previously sen^^^u „ ^^'nl;:
'•■-.ef o-', and accompaned
^^'li an affidavit that he ;
;'^ot worth fifty dollars'^ ;:
an an order cominandin -
tue creditor to pav Iiim n":
an alimentary aCva,;^/,iu^
n»g the period of his im, h '
onnient,asumnoti:sMli^-
seventy cents and not exceed
^"^ one dollar per week. ^'^
aftewarl l"'''^"'*'''^'ebtor
UL. •Raids becomes owner of I
t locfp?H"''''^°^'^"ientioned.
"^ cieditor may be relieved
!;;•- I;;;ying ,be weekly al.
''-''Moiln;,t"f^r'/"!^-''"'-
.^eekivir r ''"'"t^' •""-
'tK lediess apauHt such im-
pM.onment. bv petit on or
'"o.on.totheconfto 4'
tai'. I- !• '':■'"•"■ '""V Ob.
tain his discharge :~'l ij,.
P<'.vu.g,nto the hands of tie
'a'.\, the amount of the con-
; ornnation, in princip^tl .
torest and costs :— 2 Wit,
thefaiiu. .J ;:!--, ^;-
^ >i;";;aoiru:rai^;;;;^-j
allowance granted to him ;l^.
f. i'> the abandonment of
'-'■^property as mentionJ^f
"1 preceeding section ;-
;• ^-^ , "7.''''; of" tl.o discharge
'om liability, obtained tin-
''^■'' the provisions of law c-
corning insolvent traders^
•f- ^i he has completed Im
f^eventieth vear.
howe^-ef "i^' ^''^^''•'"•Se must,
one^ei, be ordered bv a
^''M "Pon application: of
Inch notice has been g.Vjn
to the prosecuting credito"
boJn^i-'^^?^"^^'^ debtor has
ucfault of payment of the
alimentary allowance, he g
"o longer liable to coercive
nnpnsonment for the sa^e
BOOK II.
i I
\ii'
ttw'
I ml
■•
III
ill
a
TITLE I.
OF PROVISIONAL PROCKEDIVGjii WHICH AC COW-
PAXY ^^OIMOI^K I.V CEKTAIX < ASES.
GENERAL PROVISIOX.
706. A pliiiiiti/r may, in
cortain cast-s, .siniultancoiis-
iy with the suininons, or
pending the suit and befure
judgment, have the person
or the ])i'()))erty of his debtor,
or the object in dispute,
placed m judicial cnstody,
as explained in the followiiio-
chapters ; subject to a ris-ht
of action by the latter to re-
cover damages, upon estab-
li'^hing by proof against the
creditor a want of probable
cause.
CHAPTER r.
OF CAPIAS AI> HESPONUENDUM.
SECTION I
;^THH1SSCIN(; OK THK CAPIAS.
T97. When the amount
claimed exceeds forty dollars, '
the plaintiffmay ooitainfrom '
the i)rothonnf
otary of the an- the exis
about to leave immediate! v
the province of Canada, or if
he secretes his proj)erty with
intent to defraud his credi-
tors.
I 7f)8. This writ is obtained
} upon an affidavit of the plain-
I tilt', his book-keepc, clerk
or legal attorney, declarino-
i that the defendant is pcrsou"-
I ^.'y. intlfibted to the plain-
j tiftin a sum amounting- to or
; exceeding forty dollarl, and
: that the deponent has reason
to believe, and verily belie-
ves, for reasons specially
stated in the affidavit, that
the defendant is about to
leave immediately the pro-
vince of Canada, with intent
to defraud his creditors in
general, or the plaintiff in
particular, and that such de-
parture will deprive the plain-
tiff of his recourse against
the defendant ; or upon an
affidavit establishing, besides
perior court, a writ of sum- 1 abo
mons and
irrest against the i defendant h
stence of the debt as
e mentioned, that the
defendant, if the" latte
!• IS I made away with, or is ab
as secreted or
out
f "AP. r, OF CAPIAS AD RK.SPoxnK.VnfM.
ininKMliately to secrete or
nako away with his pronortv
and em;nts with sue/. inWf
.99. 1 le writ mavalso be
;;.ta'ne. ifthe affidavit ,' ta-
ilish besides the debt th-,t
;;yefendant is a' ^^'Jl .
tiiat he has ceased iii<? navl
mentsandhas refused toiSe'
in assignment of his pioneitv
may likewise be obtain^ b^
any creditor havinjr an hj
tliecary or privile^red !•. ^,
Hponanimmoveabh. inona
affidavit establishing thab
claim exceeds forty dol a
and that tho^lefendantwtt:
•nth the intent o^fKili,^
the plaintiff, daraacnno-.dcte''
"oratingordimin'ishinrrthe
}ali>e of the immoveabTe or
[^ about to do so hin'self o
I others, so as to preven
hon-editorfrom recivering
him t"o'tr ""^' "-^I"-^ of J'i^
nam, to the amount of forty
?atnfL /• ^'r' consolidated
statutes tor Lower Canada.
fonn^;7 ^ the demand be
founded upon a claim for un-
l>quidated damages, the w"
;iu?r^'^'^"r^''^«"^-ithou
a J'idge s order, after examin
'"? '"to the sufficiency the
such case must state tlie nn-
of'l'bo'V'' "o'"^o^er, amount
0/ the damages souo-bt nn,}
;he facts whfeh gayS'rL'"to
tl^^m, and the judge may, in
127
^!^nne'';he'?'"'''"^^-'^'''or
fiv ft cai)ias. and may
t>-v the amount of the baif
iSn!--^-e£4:r ^-
;;^tjJ^;:e;-;;,-,.eapias
of. summons, or may be is led
\ "^'-^'-^'^'l^'uiinciden n
the cause. In the latter c-i.e
It must be accompanied with
a summons for a fixed day S
s io« cause why the u-,-;t
f 0.1 d not be dec'la d yalid
and joined with the p,'inc
pal demand.-The wiit may
also issue after judgment ha^
been obtained for'the reco
very of the debt. ^
803. The amount for which
tlie writ of capias has i^sed
an<i the name of the ersoi
^>o made the affidavi/mS
so^'^'u'^- "J^"" ^''^ ^"t
«"*• It IS not neces^arv
othce of the pro'thoiota?y
;' hinthe three davs wS
follow the service. '
80.-> .Saving the excentioriQ
contaiuedin ,i„,,,i^;^;^
S;"rirnf '•' ^'^''^ ^^'^^> a
-^^ rit of capias cannot i.ssue •
~V -Against priests or mi.i
nistersofanyreligiou.sde,?o
mination whatever _o
Against septuagenarians :i:
->• Against lemaies.
806. It cannot issue for
any debt created out of the
province of Canada, nor for
any debt under fortj^ dollars
^■M
128
CODE OF l'ItCCK:)L'I{E, PART II, liooiC II, TIT. I.
I; i
807. The affidavit re(iuired
in the above articles inav be
made by one person only, or
by several persons swearing
each to a portion of the neces-
sary facts, and it may be re-
ceived and sworn to before a
judge of the superior court,
or a commissioner ot the su-
perior court, or by the pro-
thonotary Avho certifies the
writ of capias.
808. The superior court
alone has jurisdiction in mat-
ters of capias.
809. When the capias is
issued by the prothonotary
of the superior court it is
addressed either to the sheriff
or a bailiff of the district in
which such writ issues, and
may be by him executed in
such district or in any other
district, or it is addressed to
the sheriff or a bailiff of the :
district in which such writ
is to be executed. iR. S. O.,
art. 59G7.)
810. It may be issued by a
clerk of the circuit court, in
which case it is addressed to
the sheriff or to any bailiff of |
the district in which it is to I
be executed.
811. The clerk of the cir-
cuit court acts in such case
as an oflBcer of the superior
court, and the writ of capias
must be worded throughout I
as if it was issued by the pro- I
thonotary. |
818. In all cases in which '
a M'rit of capias may. issue, a j
warrant of arrest may be
granted by a commissioner
of the superior court, and be
addressed by him cither to
the sheriff or a bailiff, or any
other peace officer in the vi-
cinity. — The commissioner
cannot issue such warrant
at the chef-lien of a district
unless it be established before
liiui l)y affidavit that it was
impossil)le for the plaintiff
or his agent to obtain such
writ of capias from the pro-
thonotary or his deputy. (R.
: S. Q., art. 5DGS.).
i 813. Such warrant is in the
[ name of the commissioner
: who grants it ; it orders the
arrest of the person therein
designated, and his delivery
over to the sheriff of the dis-
trict, who is commanded to
keep him in his custody
during forty-eight hours, and
no longer, unless before the
exjuration of that time the
plaintiff has obtained and
caused to be executed against
such defendant a writ of ca-
pias in the ordinary course
(Id., art. 5969.).
814. The debtor cannot be
detained in prison in virtue
of such warrant any lono-er
than fort^-eight hours. °
815. The commissioner
granting such warrant must,
without delay, transmit a
duplicate of it, together with
the original affidavit upon
which it was granted, and a
certificate of his proceedings
to the prothonotary of the
superior court of the district,
who must file the same and
keep them as part of the re-
cord in the case.
T. 1.
liliff, or any
T in the vi-
)inmi33ioiier
:h warrant
)fa district
islicd before
that it was
he plaintiff
ibtain such
•m the pro-
lepiity. (R.
ant is in the
ramissioner
orders the
!on therein
lis delivery
of the dis-
tnanded to
s custody
hours, ancl
before the
t time the
ained and
ed against
writ of Ga-
ry course.
cannot be
I in virtue
ny longer
)urs.
imissioner
rant must,
•ansmit a
ether with
ivit upon
ted, and a
oceedings
ry of the
le district,
same and
of the re-
CHAI'
OK CAPIAS AD UKSPONDEXDL-M.
OF THF.
SECTIOX 11.
EXECrriON OF
OP CAPIAS.
WRITS
. 81G. If the writ of capiat
IS addressed to a bailiff, the
baihir who is charged wi 1,
It arrests the defendant and
delivers him over, together
w th the writ to the sheriff
^nn^M"'P"'P°"''<^^«'"^'3resl
ponsible.
■ ^11- ^^^^^^ '^^"t of capias
is addressed to the sheriflf he
is then bound to execute iter
to cause it to be executed by
lis ofncers. "^
818. The sheriff is bound
to keep the defendant in the
common gaol of the district!
untd the latter gives security
^Li'^^^'sc.harged as herein
atter provided.
SECTIOK III.
OF THE CONTESTATION- OF
WHITS OF CAPIAS.
819. Upon a petition pre-
sented to the ciurt, or to a
tWf"^^™"'"^^ vacation,
dithf "1^"^ may obtain his
discharge byestablishing that
he IS not liable to be iS.
soned, or bv showing tVat
tne affidavit upon which the
insKnt"'^'"'^'^^"^^
..?f ;, . ^? 9^der to decide
upon ihis incidental proceed-
ing the court or judg'e mnv
order the immedi^ate^JetuS
ofthesaidwritof capias, and
of the proceedings iSad upon I
129
it. although the day fixed for
arrived"" '""^'^"''^ yet bo
I 831. If the contestation is
I merely as to the sufliciency
;,,^',"'/l'^?'it'^"3 of theaffi-
avit the judge or the court
ay dispose of it, after hear-
"ig the parties. — But if the
con estation is founded upon
the falsity of the allegations
I'ssuemustbejoined upon the
petition of thi defendan" in
the ordinary course and inde-
r";^7/l.>'"ftl'? contestation
- "Pp» the principal demand
unless theexig/bilityrt he
i deb depends uVn tL trulh
ot the allegations of the affi-
davit, m which case the writ
may be contested together
with the merits of the ca:^e.
833. A defendant whose
application to be discha 4d
rejected may appeal fi"oru
the decision.
833. If the court or judjre
, orders the defendant o be
discharged, the plaintiff may
Obtain a suspension of the
I order, by declaring imme!
tV^.u '^f -^^ intends to
and .1^' ^^.cision reviewed
?P , 'Tk''*"'^ the amount
leqiiired by article 497. He
may likewise appeal from the
J idgmentmreviW, if he de-
clares immediately his in-
tention of doing so, and
causes the writ of ap.alto
be served within three iuri
dinf)ld<iv"ffrt-. t- - J "'
of he judgment in review-
wifPt^""^^'^'^^ to comply
with these formalities the
defendant is discharged.
130
(;'>i>K (»j.- I'liocEnruK, I'Aut ii, hook ii, nr. i.
Ii-.:
SKCTfON IV.
0!" DIX'llAUcK n-dN llAll,.
834. The (k'tVndiiiit, may
obtain his (iiscliiir^'c ii])(>"u
giviii^r two (jodil !iii(l siilli-
oient sureties that lu' will not
leave the pioviiieeot'Canada,
and that, in case lie does s'\
such sureties will pay tne
amount of the J ud. Lament that
may be n-ndered, in prinoiiial,
interest and costs, or the
amount ixed by the judge in
Ih^ case of article 801. — But
this bail cannot be received
after the expiration of the
eiphth di y fro?u tlie day
fixed for ilie .-eturn of the
writ of capias, unless wi>h
leave of the conrt, expressly
grr.il ted upon snflieiei.t cause
s'lown.
S2~*. 'Vhe defor.uant may
also obiuiu hi,' discharge at
any time befure judgment,
by giving good and sufficient
sureties to the satisfaction of
the court, or judge, or pro-
thouotary, that he will sur-
render himself into the hands
of the sheriff, when required j
to do so by an order of the '
court or judge, within one
mcntli from the service ofj
such Older upon him or upon j
his [sureties, a:id that in ;
default they Avill pay the <
amount of the judgment in :
princii.al, interest and costs,
or the amount fixed bv the
judge in the ca.se of article i
801.
_83G. This bail is offered '
afteiv. a notice served upon
the plaintiff or his attorney, \
with one iuteiinLMliate day's
'lelay.
8*n. The sureties offered
mu.st, if reijuinMl, justify iheir
siifTiciency u])on oath, but
need not justify upon real
estate.
838. A defendant arrested
upon a ca)»iasnniy obtain hi.s
provisional liischarge liy giv-
ing good and suflicient su-
reties to tiie sheriff, to the
satisfaction of the latter, be-
fore the return day of the
writ, that he will "pay the
iunouiit of the judgment that;
may be rendered uj»on the
; demand, in principal, interest
and costs, it' he fails to give
i bail pursuant to article 824
or to article 8'2a.
8;j{>. The sheriff in such
case is responsible only for
the sufliciency of the sureties
at the time when bail was
given.
aiU). lie may free himself
by offering an assignment of
the bail-bond he has taken. —
This assignment may be ef-
fected by simply endorsing
his name u])on tlic bail-bond.
831. The sureties may
at any time arrest the defen-
dant and surrender him into
the hands of the sheriff and
thus lischarge themselves
from their bond.
835J. The sherifli", however,
is not bound to receive the
defendant, without a written
requisition to that effect sign-
ed by the sureties or by one
of them, or by their autnoriz-
ed attorney. — The requisition
must contain the title of the
court, the names of the par-
mavit estubJisbing
tliat
. IHiSuliuIly
mi in a sum ( '
'■'itlebtod to luu,
xeciited,
leji 111
.f court, to any bailKf
any
1 10 seize the lUQveables and
?>V-'
132
CODE 6F PilOCKDUHK, PART 11, liOOK 11, TiT. I.
ffl
i
'tlui '
1
1
If'
[i
'ii
f
1
iiy. 2
1
iy
J
.
effects of the defendant, and
to summon him to ai)pear on
a day fixed at tlio oHice of tlie
prothonotaiy or clerk, to an-
swer the demand and shew
cause why the attachment
should not be declared valid.
(/.'. ^S\ Q., art. 5971).
837. The amount of the
plaintiff's claim must be en-
dorsed upon the writ, or the
sum for which security may
be given.
838. The writ is issued by
the prothonotary or by the
clerk of the circuit court, as
the case may be, ujton a Avrit-
ten requisition from the plain-
tiff. — It may be either in the
French or English language.
— It is tested in the same
manner as writs of summons.
839. The writ may also be
issued for the superior court,
according to the amount
claimed, by any clerk of the
circuit court, who, in such
case, may likewise receive
the necessary affidavit.
840. The provisions con-
tained in articles 810 and 811
concerning Avrits of capias,,
apply likewise to simple at-
tachment.
841. The seizure of the
goods of the defendant is ef-
fected in the same manner as
upon the execution of a judg-
ment.— The sheriff or baihff
may make the seizure in an-
other district if the debtor
has conveyed his property
there or has withdrawn there
himself.
843. A warrant of attach-
ment may also be issued, in
the case of article 834, by
any commissioner of the su-
perior court, addressed to the
sheriff of the district where
the warrant is to be executed,
or to the bailiff or peace offi-
cer nearest to his residence,
commanding him to seize
I and detain the effects of the
debtor.
I 843. This warrant of at-
tachment is in the name of
the commissioner who issues
it ; it orders the moveables
and effects of the defendant
to be attached, with the or-
dinary formalities of seizures,
and that they be kept and
detained for the period of
twelve days from the seizure,
and no longer, unless before
; the expiration of such twelve
; days a writ of attachment,
pursuant to the above pro-
visions issues from the proper
court.
I 844. The effects so seized
cannot be detained for a
longer period than twelve
days under such warrant of
a commissioner.
845. The commissioner
I Avho granted such warrant
j must, without delay, trans-
j mit q, duplicate thereof, to-
i gether Avith the original affi-
davit upon which the warrant
\ was granted and a certificate
of his proceedings to the pro-
I thonotary, or clerk of the
circuit court, who must file
and keep the same as part of
the record in the case.
846. When in the superior
court the writ or the warrant
is addressed to a bailiff" or
any other officer than the
sheriff, such bailiff or other
;""-""'*'^«""^''""-- ««.•.„„: „„„,„,,,
l.'(3
Officer ,s boun.l to make « ■ tK •
notary is not paid wit h^ r ^ ^"""^S*^ "P"" proof of f. I
anvr^f/-' *^^o»erated frim 7''^ ^"^ "'•J*^'" the defendant"
any liability whatever ^ "° ^summoned in tho r«
a. the 3»a,e .,W a, Hi"" ?„lf«''ffl««t s^^refa.
134
coin: OK rKocr.Driti;, i-ai.t ii, ijook ii, tit. i.
! i
i
I
the fiiriount endorsed upon
the writ witli interest and
costs, that he will satisfy the
judgment that may be rend-
ered. — In delanltof his doing
so within the siiecilied delay
the eil'ects remain under
seizure to satisfy tlie judg-
ment, unless the court or a
judge ordeis otherwise.
854. Simple attachment
may he contested in the same
manner as writs of capias.
SECTION IT.
OK ATTACHMENT UY GARNISH-
MENT.
855. In all the cases where
a writ of simple attachment
may be granted as herein-
above explained, a creditor
may also attach any movea-
ble propert}- belonging to
his debtor which may be in
the hands of third persons,
and also whatever sums
they may owe him, subject
to the restrictions mentioned
in articles 558 and 628.
85G. This attachment is
effected by means of a Avrit
commanding the attachment
in the hands of the garnishees
of whatever sums of money,
things or effects they have or
may have belonging or due to
the defendant, ordering the
garnishees not to dispossess
themselves thereof withoutan
order of the court, and to ap-
pear at the officeof the protho-
nutar_y or clerk to make their
declaration, and summoning
the defendant to answer the
demand of the plaintiff.
857. When tlie writ issues
from the superior or the cir-
cuit court, it maybe address-
ed either tf» the'sheriff or to
a liaililf of the district in
which such writ issues, and
be by him executed in such
district or in any other dis-
trict, or to the slierilf or a
bailiff of such other district
in which such writ is to be
executed, and in any other
court, to a bailiif. (7i'. *.S' (^>.,
art. 5'j7'2.)
858. It is clothed with all
the formalities required for
ordinary writs of summons,
and is sultject to the provi-
sions of articles 838, 839, 340,
842. 845, 846, in solar as they
can ))e applied.
859. A statement of the
amount for which the attach-
ment is made or authorized
is, moreover, endorsed upon
the writ.
8G0. The provisions con-
tained in articles 014, 615,
616, 617, 618. 619, 020, 022,
623, 024, 025, 629, 030 and
031, are also ajijjlicable to
cases of attachment by gar-
nishment before judgment.
8G1. It the declaration of
the garnishee is not contested,
the court or judge, in ren-
dering judgment upon the
principal demand, adjudi-
cates also upon the attach-
ment and the declaration of
the garnishee.
8G3. The plaintiff or the
defendant may contest the
declaration of the garnishee,
upon leave of the court to
that effect.— Such contesta-
tion is served upon th« gar-
isions con-
"'Ar.nr.or.TTAr„.,:xTrx<KVKvnK.u-;ov ,3-
8C4. It the j.la titiff fail, „ .nf ■ '^'^^'^"'t'd in attacli-
contest the dorlamtion o? l'/," ''^'^■e^^lication in
\-'''e parnishoe ^vithin f.,Vrl,f
;^;sat>erthepnncip;;,;,3!;!
do^ng/o, unless the deV?
extended hy the our? ' '^
conStlll:"aS;t;;[ -7^; - —
'^ 8-arni3hee, in V'rn.m/ f •"" '"^''
r'-idedfb^ca.e^'^f'?:;^;-^!;!;;^--
CHAPTER III,
''"^"■^'""n'annerasanv
01" ATTACHME.VT IX «eV£xdi.
CATIOX.
t.-,^?f ■ ^^'.'.'ot^vcr has a ri.vJit
m-n JT'-'"'''' ^ moveable
'"■•.^ obtain a Avrit f.u- ti
]»"'Poseofhann.itat Oot'^^-
'IPonprodnctionVfan^ffir ;r- T^^'^'^ «n invento"v
i't ^ett,n. forth his Zif^ : ^^^^^ to be n.ade, esI^Sl^H^
ve heesstfjecourtorjudl;
the eff' t^'"'''"^ ^'-^^^^ssion of
tions ^''' ^'^™^ condil
«7o. Hefore tlie effects nm
delivered to tho „ "'-^'■^ '^'e
ma\ reonire nn .•».._.', "-^
Of attaoC^;^7^;4S' i ;i;^'^ -'■- ^^ oS ir^e^s^
tion may be exercised bvtifpL"? ^'".^""^ of the secuHtv
""'t», order tliem to be
\
136
CODE Of I'UOCKDURK, PART 11, HOOK II, TIT. I.
])lace(l ill tlio liiiiul.-i of u
so(|iic8trutor.
873. If the tliiniTH seized
are of a pcrislmhle nature or
liable to deteriorate diiritif?
the ])endcncy of the ,'^iiit, the
court or judfje may order
them to l)e sold and the pro-
ceeds of tiie sale to lie depo-
sited in the otlice of the \)vu-
thonotary or clerk.
CHAPTER IV.
OP ATTACHMKXT KOK 1!ENT.
873. The owner or lessor
may cause the etl'ects and
fruits in or upon the house,
premises or land leased and
subject to his privilejjfe, to be
seized for the rent, farm dues,
or other sums payable in
virtue of tlie lease. — He may
likewise follow and seize in
recaption, even for amounts
not yet payable, the movea-
bles and effects which were
in the hor.se or premises
leased, Avlen thev have been
removed without liis consent;
but he must do so within
eight days after their remo-
val ; but the moveables and
effects mentioned in article
556 must be substracted from
the sale. — An attachment in
recaption must be served
upon the new lessor, who
must also be summoned to
show cause against its execu-
tion. (A\ S. Q., art. 5973).
874. The provisions con-
tained in article 841, as well
as those contained in article
804. respecting the service of
the declaration or statement
of tiic demand, ai)ply like-
wise to nttachment for rent
or farm dues. {Id., art. r:374).
875. Effects attached for
rent or for farm dues cannot,
without the consent of the
pliiiuliff, lie left in tli<; cus-
tody of the defendant, unless
he gives sureties to the satis-
faction of the sheriff or bailifl"
for the production of the
effects, and such sureties in-
cur the same obligations and
are liable to the same penal-
ties as judicial guardians.
CHAPTER V.
or JUDICIAL SEQUESTRATION,
876. All demands for se-
questration are made by peti-
tion to the court or to a
judge. It may also, accord-
ing to circumstances be or-
dered by the court without
being demanded by the par-
ties.
877. The judgment order-
ing sequestration commands
the ])atties to appear before
the court or before a judge,
on a day fixed, to name a
sequestrator ; and if the par-
ties cannot agree, the court
or judge, names one of his
own accord.
878. The sequestrator must
be sworn before the judge
or vhe prothonotary to
administer well and faith-
fully the things of which he
is appointed depositaiy. He
is put iu possession by a
bailiff, who draws up a state-
ment containing a descrip-
tion of the property seques-
I.
|)l)Iy likc-
t for rent
art. r,')74).
;iiclie(i for
L'S cannot,
>nt (tf tho
I tll(> cus-
iiit, iinU'ss
I tlio satis-
IFur hail iff
m of the
irotiea in-
itions and
ino penal-
rilians.
V.
;,STRATIO.\.
38 for se-
le by peti-
t or to a
o, accord-
:es be or-
l witliout
y the par-
ent order-
:oramands
sar before
i a judge,
name a
if the par-
the court
ne of his
•ator must
.be judsre
otary to
ud faith-
which he
tary. lie
ion by a
ip a state-
i descrip-
ty seques-
'•••■'•M'. \.
'" '''"'^"'-^'' «KQfKSTRATIO.V.
137
mmummm
**8:j. Repairs or mhn^
lionzation of a m. f
uiitcrr "' court or
"'-5; tiJ^^rtJSr^^'^"' '^,
<<ived noticr^'^' ^^^« ^«-; ««ca. Any person haV
««3 Sequestrators are sub-' fhS^^^^^ ''^ '-erS^c^'a'Ss?
Myo the duties and obli :..^ government of this Pm
nations imposed upon gt . ,i,v ff-' '''^''^^^'^ it be a rev en."
^ t oV" rr'''' ""der^exe. u f^" f "^«^^«We prone?.
SKCTiox vrr.
«''KCUL PUOCEKDINT.S.
§ 1.
-0/,v(its agaiml the
troivn.
ce of must sf
:ite the
petition
"fajest;
names
is ad-
and
the
1:58
(ODE OK IMtOCKDL'RK, I'AItT II, HOOK II, TIT. I.
quality, 1111(1
tlio (lomi -ik' ot tin' Hupjiliaut
omififitioii or
quaiit
tin' Hu
iiml of the lulvocati', if any,
Ity whom tlw same is present-
ed, sot forth with conve-
nient certainty the facts en-
titling; tlie siii"ti)liant to relief,
ohservini; the i)rovisions of
article ".J. and be signed by
snch snppliant or his advo-
cate. (/./.)■
HHV,c. Till! petition must lie
supported by an affidavit of
the suppliant or of a coinf)e-
tcnt person attestinp; the
truth of the facts therein
allef^ed. (/<l.).
HHCd. The i)etition is left
with the Provincial Secreta-
ry for submission to the
liieutenant-riovernor, in or-
der that he may consider it,
and, if ho think fit, grant his
fiat that right be done. — Xo
fee IS payaiilc on leaving or
upon receiving back the po-
tion. (.Id.).
»SGe. Upon the Lieutenant-
Governor's fiat being obtain-
ed, the petition and liat are
filed in the ofHce of the pro-
thonary of the superior court
in the' district of Quebec.
Ud.).
88C/. The suppliant must,
at the time he files his peti-
tion inthe prothonotary"s of-
fice, produce and file the
written proofs which he has
alleged in support of his
claim, together with an in-
ventory of such exhibits. —
He must also deposit a sum
of two hundred doliars, which
sura is intended to pay the
costs of the government if
the court should grant anv :
if not. it i.-J returned to the
suppliant. (Id.).
HHii;/. A copy of the peti-
tion and Lieuteiiant-Gnv-
ernor's (iat certitieil by the
protlioMotary, with an cndor-
satiou tlii'reon that the depo-
,sit has been made, i.s left at
the otfice of the Attorney Gen-
eral with a notice re([uiring
the production of a contesta-
tion within thirty days after
the date of service. . fd.).
HHG/i. If, within the delay
ofthirtv days, to be estab-
lished V>y the prodncti(Ui of
a certificate of service of the
petition, fiat and notice, a
contestation is not filed, the
supi)liant ])roceods as in a
suit in which the defendant
fails to appear. — If a contes-
tation is filed, the subsequent
proceedings are the same as
in an ordinary suit in which
the defendant has pleaded.
886<. In case any petition
of right is presented 'or the
recovery of any inunoveable
or moveable property, which
has been granted away or
disposed of, by or on behalf
of Her Majesty or her prede-
cessors, a writ of summons is
issued by the prothonotary,
upon the written requisition
of the suppliant, and such
writ is served, together with
a copy of such petition and
of the Lieutenant-Governor's
fiat certified by the protho-
notary, upon the person in
ttie possession ui enjoy uK-ui
of such property, command-
ing him to appear before the
court on the dav therein men-
T. I.
rned to tlic
of the j)oti-
toiiniit.-(l()V-
iticil by the
th lui ciuhjr-
at the (h'i>()-
e, is left at
ttorney Goii-
•e roiiuiririj^
' a coiitesta-
V drtv.s altfr
e. ;/'/.)■
in file delay
be ostab-
odnetioii of
■rvice of the
d notice, a
lot nied, the
uVa as in a
?. defendant
Tf a contes-
-' subsequent
:he same as
lit in which
as pleaded.
any petition
ited or the
iniuiovoable
)erty, which
d away or
r on behalf
r her prede-
'summons is
■othonotary,
requisition
,, and such
igether with
petition and
:-Governor's
the protho-
i person in
1 enju^yiiu'Ut
, commaud-
r before the
therein men-
tioned. MMd ,„ ,,],.„,, t,,
answer the ,I;,im. (/r/)
court of nufvii s boil eh. sit.
"f "appeal, from the i„ I
Mpun;n n.nd.M-ed bv
;"|HT<..r eoint uu anvpe'-
lui ot n-ht: but siu'h at-
;ea mu.t 1. b,-o,.,,,t w'it;;i;,
^l" jud^:;;,:;:'7,y- ''"'^ '"
nn M ,s of pn.redMfe. i„ :.o
[ nstbeyaix' n(,t ineonipa-
iihJe, apjily to .suits bv , .
'^"'•fnVht, intl,. sipSo,
'>• petition of right are
' tl bv a jn.lge without a
ij;,^'/;;;;^;'^''-^'a'niino.articie
'J< anarded c.j^ts or niav bV
n..Hh.,nned to pay .o;?
i" un ordinarv suit — \\]
costs adjudged 'shall bo j,:,iu
'^or o the provincial trea , -
'eij a.sfhecasemav be. (/,/ >,
88««^ Wlu-,1 the goven •
.:''?* '^^ «^li'Hif?od to 's, . M :
ert?' 'T'' '"••^•^^^>'^- P -
ifterlh '' .^"'I'P^iant nav,
;'ftei the expiry of the debiV
»« appeal, or, In case of a?
i'eal fifteen' da vs after tie
^^^^r which tl^ p 'p^^ :
•;ei2ed and delivered to the
■suppliant, (/rl.). "'^
8«««. When the o-nrern
inent is .adjudged t ^ "'
"'-•v,OK,n-:ur,,u.sK,fKST„,w,ov.
i'S"tS;.";;.'"-';-
(/■/.). P"^se.ssa.«n.
P'laiit to such co^f! "'
tlie ofhce of the'prov Hi I
• ia.,ui(.i, and the provinri.ii
" ;y;.:i.;"Er!;?:x
time lie ii<Tlen-.,ii,. ^"^
;;--o."o,'rfi:^,;'r;p— ''•
thereafter voted bv tl
i^i-ihiture for th-if
srin;r>t-LE.
Form in connection with
article 88%.
■fetiUon.
In the Superior Court Di-
tnct of Quebec ' ''"
der
or restore
Propertv, th
after the
to
e s
uppl
fo surren-
immoveable
To the Queen's Most
lant raav
appeal, or, f
«Pn;y of the delay The I
"'• -n case of ap'. B./of (
cellent Majesty
Ex-
umble petition of A
residence and callinn\
12 ^
^'
:-r
140
ff
CODE OK PROCEDURE, PART 11, ROOK U, TIT. II.
by his advocate C. D., of
ircHilencc), slieweth.
Tliat (stale thefactx).
Conclusion :
Your suppliant therefore
liuuibly prays that {slate the
relief claimed).
Dated at this.
Of A.D.
day
Form in connection with
article 88Gy.
Notice to the AUorney-
General.
To tlie Honorable the Attor-
ney-General of the Pro-
vince of Quebec.
The suppliant prays for a
statement in defence' or con-
testation on behalf of Her
Majesty, within thirtv days
after the date of service of
the above petition of right,
or otherwise the suppliant
M-ill proceed as in a case in
which the defendant fails to
appear.
Dated at this dav
of- A. D. Ud.y
TITLE IT.
SPECIAI. PRO€KEDIXGK.
Chapter first of title second,
of book second of the second
part of the code of civil pro-
cedure is repealed, except
for the district of Gaspc, and
replaced by the followinjr for
other portions of the pro-
vince. (A'. A Q., art. 5977).
CHAPTER I.
SUMMARY' MATTERS. i
I
887. The following are
deemed to bo summary mat-
ters and tried as such accoid-
ing to the rules set forth in
this chapter:—!. Actions to
annul or to rescind a lease,
or to recover damages result-
ing from the contravention
of any of the stipulations of
the lease or the non-fulfill-
ment of any of the obliga-
tions, which the law attaches
to it, or arising from the re-
lations of lessee and lessor;
—2. Actions founded on bills
of exchange, notes to order
or bearer, cheques in orders
for payment, Ao/js or acknow-
ledgement of debt ;~3. Claims
of traders for the price and
value of goods or articles
sold in the ordinary cause of
their commercial operations ;
- Claims for salary and
wages of clerks, employees
workmen, laborers or seri
vants, payable by the day,
week or month, as well as
claims that may arise from
the relations between the
atter.and their masters 1
- Claims for board and lodg.
mg by hotel and boarding,
house keepers ; _ 6. Claim?
arising from the purchase 0^^
sale of rigging and for fitting
outanoproTisioningvessels;'
- 7. Claims arising from '
freighting, chartering aid
loans upon respondentia ;-
a. 1 hose arising from en^a-
gements, or agreements for
wages and hirfng ofcreVs
— y. Ihose arising from en-
fragements of seamen for sel
(Id.)!'' '"''''^^^"t shipping.
p/;?,^;i'^''« '^'^^'^'"^ mention-
ed in the hrst paragraph of
the preceding article arii„s-V
tituted either in the superior '
courtorinthecircuit court I
according to the value or he
amount of the rent or the
Wed^'Tf 'f' ^"^^^^« «'-
iiged. Ihe lessor may join
a demand for such rent as he
is entitled to, with or without
an attachment for rent, at- 1
tachmentm reception, if ne-
cessary and also an ordinary
attachment in the hands of the
««S ^T^^ garnishees, (/d.) '
^.^f\ The actions mention-
and fi?th'''""''' *^'!:'^' ^'«'"'th
ticIeftfi7„^'^^,''?P^' '^^'^'■■
ucie 887 are within the juris-
diction of the superior cou",
or of the circuit court, ac-
CHAP. I, SCMMAUV MATTKKS.
141
cording to the amount of the
aemand. (/,/) ^ '"^
800. All the powers, which
to superior court, or the cir-
cuit court can exercise in
! ;rni in the matters men?io 1.
icle^fr^^'^PH «'-«^ «f « -
"cie 887, may also be exer
cised out of term and even"
during the vacation between
i3"S?-^s^;>:
oj service IS within a distance
ofhve leagues, with the or
dinary extension u hln the
d stance is greater. In the
actions mentioned in tL
, article, the delays unon mim
,'mons are five diys Kien he"
place of service i^ witi^'
I a distance of fi^^ ^ ^-
I when the H w ""'"^ ^•^^^"siS
I When the distance is greater.
'boimd-tn'^^''-'^^-"d^"t is
K k" ^PP^*'^ ^" the day
nxed by the writ; if Z
does not default is ;ecorded
against /.im and the plaintiff
^ay proceed accordCy^
it he appears, he is bound to
( plead within two days a f to?-
I the appearance, in ^defaul
whereot^theplain^ift-mafpii!
with?nfL ^"^^ his answer
after h!^fir''^^P^ two days
alter the filing of the nlea^
on^I)ain of betng forecCd'.
8»3. Any other pleading
■Hill
i '■ i-
142
CODE OF IMtOCEUL'RE, PAKT II, HOOK 11, TIT. II.
wliich may bo necessary to
complete the issues must l)c
lileil on the following juri-
dical day, on pain of fore-
closure, (id.).
894. As soon as issue is
joined, the case may he ins-
cribed upon the roll for proof
for any subse(iuent juridical
day, and the i)arties proceed
to proof on tlie day appointed
and continue on from day to
day until the proof is closed
on both sides (/(/.).
895. Either party's proof
may be declared closed as
soon as he ceases to produce
evidence (/c/.).
89G. The evidence of wit-
nesses must he taken down
in writing in cases before the
superior court or before the
circuit court, appealable side,
unless the parties agree to
take it otherwise ; and in the
latter case, notes of such evi-
dence must be taken down,
and filed in the record as
forming part thereof, and
such notes are considered to
be evidence adduced in the
case. (/(/.).
807. When the proof is
closed on both sides, the case
may be inscribed on the roll
for hearing on the merits on
the next following juridical
day -without any notice being
required, but if'it is inscribed
for any other day, notice must
be given to the opposite part v.
(M).
8UTa. Any party may, ei-
ther in his declaration or in
any other pleading, or by a
notice served upon the oppo-
site party, declare his option
that the case shall be in-
scribed at tlie same term for
proof and for final hearing
immediately after proof and
in such case the cau-e cannot
afterwards be inscribed other-
wise. — The party who in-
scril)es a case for proof and
final hearing immediately
after proof shall give five
clear days' notice of such
inscription to the adverse
party. (52 Vict., cap. 52).
H'Jlh. The provisions of ar-
ticles 89, 90, 91, 92 and 9.'!
apply to all cases governed
I bv the provisions of this
chapter. (/</.).
! HiKc. The clerk of the cir-
! cuit court hns, as respects
j such cases, the same powers
1 as the prothonotary of the
I superior court.— All provi-
I sions inconsistent with this
act are amended. (/>/.).
898. Judgment may l)e
rendered either in term or
out of term. It is executory
eight days after it is renderefl .
The delay for ejectment,
however, in the actions men-
tioned in the first paragranh
of article 887, is within tlie
discretionof the court. (/?. ^S\
(J , art. 5977).
899. The delays respecting
summons and pleadings also
ap])ly to all interventions,
oppositions or other inciden-
tal proceedings of the same
nature (/(/.).
899rt. The writs of sum-
mons, of attachment, of exe-
cution and of possession arc
addressed to the ordinary
officers of the court, like
all other writs of the same
CHAP. „,„YPOTm:CAi.r HKCOntSE, ETC-
! «>0'-J. Tlu' petit
I accompanied wit
If I7,r' '■■ '''"^ ''''''
143
3 court, like
3 of the same
CHAPTER ir.
AOAINST I.M.MOVKADLK.S OP
WlHCfl TUK OWNERS AliK
U.\K.\OW\ OR t;.\.
000. When the owner of
p'..n.othecate<li,nmov-oal.fe
.9 unknown ornncortain the
'Creditor to wl.om the 'api U
or two years of the intX'
or two .years of arrears of
•••ny constituted or o he
'•[■"t, .secured by such hypo
l'-.c..s due, may. present ,
petition to the superior CO, rt
!2-.^;ortheLieof:;;;;.;i
"oSn^"[\^r;:;;j!ia;;:;;?^
^JJ'^'^^^toestablish^^dd
^nd the hypothec: 2. A le-
^cripnonoftheimmoveaV/e.'
■3. Ihenameoftheoccnpi r'
Jftleimmoveahleisoccuii ,'
;!»'! 'tis not, the name S
iH^t nown occupier, the o
;>o<l^orwhichitlmsrenahe'i
occupied, the names o a
tlie known owners since t .
liypothec was Greater n„i
•loclarationthatthepeUtlne?.
^earchandu3eddue(lili..,,ce
;o discover the owner ?
.mmoveawe be hrJigZlll
. :>etitiou must be
vit „f fi!""''\^'""^» '"li'la-
o;"';:h™.";:'.'^::,'I":,;",;.;;'„»
003. The court upon this
pe. ion, orders such proof s
-1 'leems necessary; in. 1 if
l^>^,17''"f;!"^redissufm:;en;
!otIi^?;,£^-'-n>PondS
»04. The notice must bo
n.er ed once a week during
^01 consccutnvweeksinonf
FnH '""■ "• '''■^'•'^'^l '"n the
fS ' V "''''^H i" the
t '•! • ' 'f.'ff.U'ige, in tlie (lis-
'none ti'*'' •"■ '*' t''^''-^ bo
none, tlien m one of the
^'•earest districts. It „, 'si
;;K)reoverber,adMndp,S
; P, in both buio-naJe. at
tlie.<oorofthech,m.rof'the
parish in whi.di the im.n.vea!
We IS situate.l, on aSunda?
'";."f:'"^tel.v after monS,'
service. It there is no rhurcli
t jen the notiee must be post!
oa up ,n the registry oflice of
tlie locality.
I ottuo mouths trom the last
: isertioninthe newspap."-s
iMdthereadinjrand /.ostiag
lip of such notice, no person
aj'pears as hereinafte • mo
fvcM, the petitioner procJI^d^
;^-i' any other suit in which
the defendant fails to appear
aiKl upon proof that the re-
quired forma'ities have been
observed, the court declare"
l^'^'f
144
CODE OF PUOCKDURE, PART II, BOOK IJ, TIT. II.
|!
Mil
the immoveable livpotliecat- ■■
ed, and orders that it be sold
for the payment of the pe- i
titioner's claim.
OOO. Service of this judg-l
ment is not necessary.
907. Upon the judgment
thus rendered, a writ issues,
after the expiration of fifteen
days, commanding the sheriff
to seize and sell the immo-
veable hypothecated, ol)serv- |
ing the formalities required '
for ordinary seizures and '
sales of immoveables, saving {
the minutes of seizure, Avhich i
are not required. I
908. Any proprietor, or any '
holder entitled to exercise '
rights of ownership, may, at
any time before the rendering
of the jugdment ordering the
sale, enter an appearance,
specifying his title and tlie
extent of his right of pro-
perty ; and at the expirativin
of a delay of two months,
the petitioner is then bound
to file in the prothonotarv's
office a demand against the
party appearing, for the
recognition of the hypothec.
and to serve it upon such
party; and the same pro-
ceedings are had upon such
demand as upon ordinary
suits for the recognition of
hypothecs.
909. If several persons ap- 1
pear, claiming to be owners, !
each one in opposition to the {
others, the petitioner cannot |
be prevented from proceeding i
b> such opposite claimants, !
unless his application is cou- i
tested by one of them, who i
must previously establish an I
ostensible right of property,
or unless one of them pays
tlie amount of his claim and
I costs.
! 910. In the case of there
being opposite claimants to
the property, without any
contestation of the petition,
the court, may, reserving its
decision upon the opposite
claims, grant the prayer of
the petitioner, saving 'to the
parties appearing, and to
.nose who have not appeared,
! their claims upon the balance
i of the moneys levied, the
I distribution of Avhich is made
I in the ordinary course.
911. If one or more known
owners are in possession
jointly with others who are
unknown or uncertain, the
creditor may, in the ordinary
manner, sue the known own-
ers, as possessing jointly
with others unknown, and
proceed in the same suit, in
the manner hereinabove pro-
vided, against those who are
unknown or uncertain, mod-
ifying the notice which is
to be published, so as to meet
the circumstances.
CHAPTER II (a).
OP RE-ENTRY UPON ABANDONED
LANDS.
911a. Whenever land has
been gold, under a deed of
sale, promise.of sale or con-
tract in the nature of a pro-
mise of fi.<ile followed by tra-
dition and actual possession,
and the seller is entitled, by
reason of non-payment of
<:-'-■ .. (A), or „E-..VTHV „,„» ,„„„„,„„ ,,^^.„, j^
the meanino: of artides 156 a ' t\' v
and 15Cl/> of the Civil Co.le i th?n.;>^'' .contestatiou of
and has left it so abandoned bv In T " '"il^'^'^^ ^^■^•^^'"Pt
during tn-o years or ^ .1 P <^0"«iter -affidavits nrn
the sefler ma/ ,roee i^t Le Ihe'nl' ^'''''•'" '^'''^ '^-^'^ -^tTv
manner herernifter provided f /?/''"" ^'"S^^' the,, I-tition
to recover the Innrl c,r/ V iV ^^'^J-
and re-enter i„ Jos'eSor; M,?'*-^ ^^'^^ ^''^' ^^^''^v of
of the same. Ui S (J Ir^ fhree days the jndge may in
5978). ^''- ^^- '^•' ^'^- ys discretion, either rejeS
UIU. A notice must be nWr^'^'^i" ^^ '"'•'"''" ^J''lff-
sorved upon the buyer sta sab x ^'^"^^^'•'"S ^he deJd Sf
;;^g that, at a time a^^d place caL Hnl; ^'.v. '^'''^^''''''ff ^he
t'l<"re,n mentioned, the . ell?r thoron • ^ '/* the registration
^v'll apply to a jnlge of the nlT- ^"'' a«'thorizing the
superior court to^recoe? of t oT''' ,*'' V^'^« possession
"'« land, or, if the b ve' \L-^^'''^- ^'^ ^^'^^ «v'eut of
^annotbe fou'nd within 1 mitionffT ''^'"^^''^ ^^c
■strict,, he may be orderil ?•?„ '? '.^ ^'°^-^"*^t P'-eJudice
district,, he ma; ^ o dem? P.fp'''";!' '^ ^'«^-^"<^t prejT.d ce
•0 appear in thei^mnnepres mavl v' '"/I?' '''''^^ ''«
^•"bed by article 08. The Som?Th"^ ^^'^^'''^ «"
-^I possession of the l.„d. is "Sj^ ^^ t^S^^ll
911c. The delay between Sm-''" ^"''' '''"'^ «'' '''^^^
the service of the notice nn ' n ^"'." I*^^''^ ^it''«^i- to Ihl
the day on ,yhieh he annH nrnt'b "'" I"'" '^''- '^^'^ ^f he
cat.on is to be made i.f ^that' ?o ""tl"'"''^'-"^ '^' «"f'^"or
prescribed for ordinar/casS ' nurH.n^ '' ^»«taluients of
by article 75, or that ^Iv.^ H ■^'^. '"°"<^y or interest
by the said article G8 n? tN» "^f '" ''^'"*"« "^ the deed of
case may require (^'T en !', ^[ ^"'^^'^ ^''^ obliga Is
Ollcy. After notice has been ?.-"^ '"^« therein, V the
so given, and at the fime Si !?. ^\ ^'"^^f which tie
a.id place mentioned in the San ;f tl ^'i^:""^? '^"^'^'^^i to
f-tsofVe^re^and^u^^^^^^^^ -Her is pre-
J.'l by affid.avit, and proK- t'kintn^' ''"''^ P"-'"^^^" ^'^^^
tion of the written elidence in vhf, 'f.f ^." ^^^^^ ''"'d,
of sale, if in his hands, apnlv m«v ll '"^ ^o judgment, he
-^ a judge Of the ^^^^ Z^ ^^X^^^tJ^Z
mg
CODK OK PnoCEDUnE, PART 11, nooK ir, TIT.
•[.
perior court a writ of poss-
ession to eject such person
ana to place the seller in
possession : and article 550
applies to sucli writ. (A/.).
Oil/. The buyer niav obtain
a review of the judgment,
and articles 4f)5 to'504, inclu-
sively, apply to such review.
(/f/.).
_ Oil/. All docunients form-
ing- pjirt of the ])rocecdiiigs
under this chajjfer form paT-t
ot the records of the superior
court. (/(/.).
OllZ". Articles 2148, 215'>
2153 mid 2154 of the Civil
Oode ai)ply to theregistration
of any judgment rendered
under this cha])ter, and to
the cancelling of the regis-
tration of any deed declared
void by such judgment, but
article 2154 docs not apply if
under article 911/y of this
Code, the buyer has been
notified in the manner in-es-
cribed by article OS. {id.).
_ OllZ. The costs in jiroceed-
ings taken under this chap-
ter are the same as those
allowed by the tariff of the
circuit court in cases ofover
one hnndred dollars, but
under two hundred dollars;
the fees of the advocates
plea l)Ut before inscription orr
the roll for the adduction of
evidence. (A/.).
CHAPTER irr.
OFTIIK PAIfTITION OKTOW.V.SHIP
LANDS UKI.I) IX t'O.M.MO.V.
sfiali. It there is no contesta-
tion, be the same as those
allowed by the said tariff,
where the case is settled
after inscription upon the
roll for the adduction of evi-
dence, but before the closing
of the evidence, and, if there
JS a contestation the same as
those allowed where the case
IS settled after the filing of a
01!J. Any person .<^eized as
tenant in common of lands in
townshipsorigiiiallvgranted,
In- hMters-i)atent under the
great seal of the Province of
bower Canada to the grant-
ees therein ncxmed as tenant,
in common, mav demand a
partition tiiereofaccordingto
the ordinary form of law.—
Such demand mav be made
by petition, without the for-
mality of a writ of summons.
013. The i)etition must be
presented to the superior
court in the district in which
the lands are situated.
914. Tpon proof of the
petitioner's right of property
the court mav order that hi^
co-tenants shall appear on a
certain day in term, but not
before the e.vpiration of one
year from the date of such
order, toanswersuch demand
in partition ; that such order
shall be posted up in some
freriuented place in the town-
ship in which such lands are
situated, or if there is no
such frequented place, then
^n some frefpiented place in
tlie next adjoining township,
SIX months at least before the
day fixed for the appoarance
ot the parties interested:
and that such order be
published in the Quebec Offi-
cial Gazette once a Hofk-
tiuring the said period o f siv
months before tie day led '
:•'• the appearance, i? \ ir> ,
art. 5079)' ^ ^- v'-' J
ivl.n I, • '^" ^^^' parties
SSSKKSK
"•bom « .Zed" J „°";e.i'
t.oncr, another by^he infei
sfy?,-r IS "Se
*vu cii the lands are situate
mine tS i-l ^^-^^ '"^^^ exa-
'te superior eourt .,° , i„?
»18- The court aa in all
147
CHAPTER rv.
"*'" ^'O-^'Pf-'I^SORV PARTITIO.V
AM) LIOITATIO.V.
•"ugs [Q the one whn i. a \
to institute it ^ " ^"^
chapter. ''' P'-ececc/,-ng
^vhosV^nferest- n''^ """°^
to those oTan^^'otLr^^'-''*^'''
dering huLZ'l ^'^"'^ "''»-
^.-tffrUrSnUrS the
the immoveables shall /
viewed and valnorn^ ^®
appointed ac!tL^^'7J^^,';'«
ordinary rules n ^ , *^^
ascertain whethe, t.°'"^''f *«
oftheimmovalteearbe?"^^
leniently divide,) '^/°f'-
snch case fnfl ',*"<^' in
accordfnff n n''" '^^'^ '^'^'^'^
of art clef ^2 7o.P'"""/^i°"^
^» the Civil C^de ''"^ ''^'
att'1r!;d'?un'a'LP^,r''^^^--e
agree upon one'SpSr '"^^
^iter tHe report of
13
I I
148
CODE OF PROCKDCRE, PART II, ROOK II, TIT. II. «
i|
the experts has been homolo-
gated, the court sends the
parties before the prothono-
tary or some other person, to
proceed with the allotment
of shares, minutes of Avliioh
are taken.
986. If the suit is for an
account and a partition, the
lots are not formed until
after the accounts, the re-
turns, the formation of the
mas8, and the pretakings
have been determined b}- a !
practitioner, who is named •
by the parties or by the court, I
and whose report must also I
be homologated.
937. When immoveables '
cannot be advantageously
divided, or when there are
not as many lots of lands as
copartitionners, the court mav
order that such immoveable's
be put up to public auction !
and sold by way of licitation. '
938. Rules concerning vol-
untary licitation are contain-
ed in the third part of this '
code. The provisions of this
chapter apply to licitations
judicially ordered upon ac- I
tions for partition. I
939. When the court has \
ordered a licitation, the plain- '
tiff must cause an advertise- !
ment to be published three i
times in the space of two
months in the Quebec Official
Gazette, in the French and
English languages, stating
that the immoveables therein
designated will be put up to
auction and adjudged to the
highest and last bidder at
the sitting of the superior
court neit nfter the expira-
. tion of two months from the
I first insertion of such notice,
I subject to the condition men-
tioned in the list of charges,
and giving notice that all
, oppositions to the sale must
I be filed at least fifteen days
before the day fixed for the
sale, and that all oppositions
for payment must be filed
within six days after the ad-
judication, on pain of being
foreclosed {R. S. Q., au.
5980).
930. The notice must also
be read and published on the
third Sunday before the day
on which the licitation is to
take place, at the door of the
church of the parish in which
the immoveables are situated,
I and if there is no church or if
the immoveables are not sit-
uated within the limits of a
parish, then at the most fre-
quented place in the locality,
and a copy of such notice
must be posted up at the place
where such publication is
made.
931. If the plaintiff fails to
proceed with the publication
of such notice within fifteen
days from the judgment of
licitation, any other party
may do so, and the first who
takes such proceedings has
the preference, and has alone
the right to be paid the costs
of the licitation.
933. Oppositions to secure
charges, to withdraw, or to
annul, in respect of immove-
ables which are to be sold by
licitation, annot be received
after the hiteenth day prev-
ious to the day fixed for the
CHAP. ,v, or COMPUMORT PARTITIOS, ETC.
149
into an opp„g,t,ori for pay
^^nt out otSho price ofVh.
immoveables. '
sec^mv.h^"'' opposition to
ortoannul, or any other pro-
tS:^^"^^'^^"^^^t«tbelici-
tation, cannot be decided
before the day fixed forsale
the licitation is suspended
and, when rendering S
meut upon such oppos tio'n
on)roceeding,thecom?™r
upon which the sale may be
proceeded with, after the
par leg haye caused another i
notice i the same fo?m a ■
the first in so far as it can
«^PPy, to be published in the
Quebec Official Gazette" Tt
least three weeks before the
day thus fixed. (M s O
art. 5981). ^ ^- ■*^•••
934. Bids may be made in
wntin^atthepfothonotary's
office, in the same manner as ^
in cases of sale of immoye- i
aWes by the sheriff, a.?d^ on (
the day appointed 'bids are!
receiyedattheprothonotary't'
office, but the adjudication
^s completed before-'thecou?
.,?lT-'i"^'''^^'<^^li-awnupof
f^ch bids and adjudication
strangers are in all cases
admitted to bid. ^
njaT;. The adjudication is |
Zll.'-'' accordance with the I
iklni'T contained in the j
hate h?*"'^''' ^^^ch must
nave been approved by the
court or judgef after hearing I
the parties, and must havfj
iV\',"/!;l'" ^^e Prothonot-
ary g office at least thirty
days before the day fixed for
the sale. -After the adjud-
cation IS completed, and the
purchaserj,ascompIi,.d vuS
t^ie conditions by paying tl e
moneys which are to be de!
posited in court, the nrothn
I notary must pre ,ai-e T 'cS
ofsale which must be drawn
! similarly to a sherift-g deld
'irticl'rRo' ^''c provisions of
article G80 are applicable
iffoffi; '^1"" ''^'U"dication,
attei he observance of the
formalities above prescribed
ransfers the property with
ts active and p.assiye servi-
! tudes, hag the same effects a.
.ges the property!,, the same
i manner f,-om such other
I carges, privileges and hypo-
i i \?' v'^ ^^^ "ot mentioned
I m the list of charges
! 037. The price of the ad ju-
?n^tn"^,'""'*^f.P^'J''^ccoid-
ing to the conditions of the
nrnt^i f ",^' • ""^^^"^ otherwise
fj o n '/ ' '"*" "^c hands of
tiie prothonotary, savinjr the
purc^iaser's ri/h't to "ftlln
hvTT^'.^'''' gi^-'ng secur.
ity, as n ^^e case of a she-
famn'o- fn'^"^*'^'?"^chaser
I rail ng to pay such price ia
I h^L /^^'^^Ves as tW false
biddet upon immoveables sold
m execution. •
93fi All -.
tllT ^°l m^ent out of
l;^,^P^»ceeds of the licitation
must be filed in the protho-
notary's office within s?x
days after the adjudication
■■mmnimim.,,iA,..
160
CODE OF PnoC'KDUUK, PART II, BOOK II, TIT. II.
after whicli period they can-
not he receivcMl, except hy
order of the court find upoii
such C'..nditions as it may
im]>o3c-.
03}). The distribution of
the purchase money is sub-
ject to the same formalities
as in cases of confirmation of
title, and of execution against
imm()veal)les, and the i)arty
prosecuting the licitation is
bound to obtain the certifi- 1
cate of registered liypothccs j
which is necessary for that
purpose.
940. If any immoveable is
situated partly in one district
and partly in another, its lici- !
tation as a whole may be !
demandedand maybe ordered I
in either district, "if the juris- !
diction in such case is not
assigned by law to a parti-
cular court.
CHAPTER V.
OF ACTIONS OF BOUNDARY, OR
TO VERIFY OR RECTIFY AN-
CIENT BOUNDARIES.
941. Whenever two con-
tiguous lands have never
been bounded, or the bound-
aries have disappeared, or the
fences or boundary works
have been wrongly placed,
and one of the neighbours
refuses to agree upon a sur-
veyor to determine thebound-
aries or to verify or to rectify
the division line, as the case
may be, the other party may
bring an action against him
to compel him to do so. i
948. If the parties do not !
agree, the court names a
sworn surveyor, whom it
charges with making a plan
of the locality, showing the
re3pei;tive pretentions of the
parties, and with making
such other operations us it
may deem necessary.
943. The surveyor thus
named is bound, under liig
oath of otHce, to pioreed in
the same manner as experts.
944. If the parties desire
it, more than one surveyor
may be ajjpointed.
945. The fixing of bounds,
the verifying of aiicient
boundaries, or rectifying of
division lines, is ordered in
conformity with the rights
j and titles of the parties, and
IS done by the person named
by the court, who proceeds
in accordance with the judg-
ment, and if necessary,place3
boundary marks in presence
of witnesses, in accordance
with the provisions contained
in chapter 77 of the conso-
lidated statutes of Canada,
and must draw up a state-
ment of his operations, and
return the original of such
statement to the court.
CHAPTER VI.
OF POSSESSORY ACTIONS.
946. The possessor of any
immoveable or real right,
other than a farmer on shares,
or a holder hy sufferance, who
13 disturbed in his possession,
may bring an action on dis-
turbance against the person
who prevents his enjoyment.
irt nanit's
CHAP. V„, OK niSCHAU.K KnOM HYPOTHKCS, KTC.
in order to put an end to the
T " ' ;•" ^"/ possession. -
i'lf notion for repossession
n^ay bo hrougl.t bv any 3
sonwhohaslmd'posissTon
of an immoveable or Ta"
right for a year and a day
«W ''"PO'^sessedhim.
miiet be brought within a
^Zl'T ''-'^ ''^■^^turbance. ' '
94S Saving the provisions '
or artic e Hio nefi„n^, '
ii;a«.,„i '^'v» actions on
lietnrbance, or for reposses-
J'on, cannot be joinefwith
t le Jatter be brought until
the a,t,o„ on difturb nee
or for repossession has been
erniinated and the con-
flemnation has been satisfied
and executed. NeverthSs
he party who has obtained
"tignient is in default wiU
regard to the taxation of the
costs and the liqui<lation of i
t^.e damages, the other party
my bnng his petitory actio? '
tTo ^''^y '"^'^ condemna- '
151
CHAPTER VII.
OF DISCHAKOE FROM HYPO-
THECS, Oli COXFIIiMATlOX
OF TITLE.
949. Any person who Ins
acquired immoveable proper
t.y by piirch.n..e, excha n^^^^^^^
other title of a nature ' ?o
ransfer ownership, may free
such property f rcf^ anv hy!
pothecs with which 'it is
, f '^'•^^'1 hy obtaining a con-
I firmation of his title accord
i'"gto,heformalitiv. hiein"
'after prescribed.
t}?,^^;;?/"'' ?';'■';"" "'"St lodge
tJie title which iie setk^ fo
have confirmed in the fice
Of the i.rothonotary of the
y nor curt, in thJ di trie?
where the immoveable is it-
nated or in which the con.
,firmat.on of title must be
obtained and obtain from
;the prothonotarv a notice
I mentioning that the deed has
been so lodged, con t.aining a
f,f«f"^.t'onofthedeedanlof
lion of the immoveable, the
10 r conhmiation will be ore
i sr„ri'r"""' »""''"■
canon of the persons who
possessed the 'immoveable?
I .f'^iore such notice, and call-
clfim"r. '" '''''^'^'^ ''"o
I Claim to have anv privileee
or hypothec upon the im
moveable to file their oppoS:
t'ons at least eight div«
before the day fixed for S-
enting the application I ?f
llJ^'V'"'''^/'''' inimove.
ables situated in different
, districts, an application S
confirmation of title should
I i,^ ^'^.de in each district fir
,?^^l,™«X^''^blesasare'sit;
! nated therein. — When th^
.mmoveable is situated part-
\y m one district and r-?rtlv
m.rTr^ .the. procee^dingi
So''-w"''tfae'' district,
and avail for the whole of
the immoveable.
951. The notice must be
i r
152
CODK 0*- PKOCEDI.'UK, I'AUT. li, HOOK II, TIT. It.
iif'fi
in I'rcticli (III. I in Knfrlieh,
and he inHerted tlirtM! times
in tln! 00111-80 of two niontliH
in the QuoIm'c ofliiiiil Ga-
zette. (R. S. 9., art. rm2).
t»5!J. The not) ■• must bo
publicly nnd au.iihlv read,
on the thinl or foiu I'li JSiiri-
daj before the dnv on whicli
the application io to he pre
sented, at th<! door of the
cliiiroh of the paritih or place
where the immoveable id si-
tuated, or, if there id no
chiirrh, at the most fie<|iient-
ed place in the lociilitj, and
must be posted uj) at the
place where such puldication
18 made. (/./., urt. aitS.'!).
l>«3. In the caae of immove-
ables by fiction of biw, the
proceedinprs are had in the
district where the vendor or
assignor had his domicile
during the three years next
preceding the execution of
the deed to be confirmed, or
it during that period ho had
his domicile in more districts
than one, then in the district
in which he is actually do-
miciled, giving the same no-
tice 111 the other districts in
which he was domiciled dur-
ing such three years.
954. Upon the day men-
tioned in the notice, the ap-
plicant is bound to present
his application for confirma-
tion to the court, together
with certificates of the publi-
cation and posting up re-
quired, and copies of the
Quebec Official Gazette con-
taining the advertisement.
(R. S. Q., art. 5984).
935. The applicant must, i
moreover, file withliiM appli-
cation a oertificate from the
regustraror regiHtrars within
whotie divisions the immove-
able ie or was situated, men-
tioning all hypothocH not ap-
parently extinguished, regis-
tered previo-igly to the regis-
tration of the deed of which
: ratification is applied for
The certificate must men-
j tion all hypothecs registered
against the immoveable itself
whenever hypothecs shall bo
so registered, when the plan
ttiKl book of reference will be
: m force in the registration
division ; all hvpothecs re-
: gistered again.st any person
who was owner of the land
at any time during the ten
years immediately preceding
the date of the registration
of the deed sought to be con-
firmed ; and all previous hy-
pothecs the registration of
which has been renewed dur-
ing that period .—Such certifi-
cate must also state the date
ot the deed registered as creat-
Hig or giving rise to such
h vpothec, the date of its re-
gistration, the names, occu-
I pation and residence of the
; creditor, the name of the no-
, tary or notaries before whom
I It was passed, if it is nota-
iial, and must mention any
partial discharge registered,
and the sum which appears
to be due, in principal and
interest, and, in the case of
renewed registration, such
certificate must also mcncion
the registration which is thus
renewed, and the registrar is
not bound to extend his
:CHAP. VII, or DI8CHAR0E FROM HYI'OTHTCH, KTC.
srarclK-s iH.yon.l the dntc of
a s leri/Fs title, a sale in
bankruptcy, a jud^-niont ,.f
con umation, or any oth.T
docduf ujFi.lina! sal.- Imvin-r
thn i'(h>r>f ,,f „ .,1 :.f . "
163
the i-lhn of a shoiifrs sail-
which has been roLrJstcie.i'
except for such hypothecs as
deod.-If there arc no liypo-
thecs reffistered, or if/ *|,v
tlie registry books, all tl,c
hypothecs appear to h.-ivc
been discharKc.J, the regis-
trar must state the fact ac
cordinglv in hi\s cerfificute
»5G. Tlie provisions of ar-
<iHes7ul 702an.l703 applv
aiso to the certificate liuMf-
ticlT '" ^'^^' pi-eceding ar-
9.-57. All hypothecary cre-
ditors, whose rights are not '
made known by the deed of
^vfiichoonfirniation issought
or by the registrar's certifil
eate, are bound, on pain of
being foreclosed from doinjr
so, to file their opi)ositioni
on or before the eighth day
next preceding the day fixed
tor presenting the applica-
tion.
058. No opposition is, how-
ever, necessary for the pre-
servation of the principal of
rents created in place of
seigniorial rights—The pro-
vision of articles 719 an.l
/-I apply also to proceed-
ings to obtain confirmation
ot title.
959. During the two months
f^-!?'''"^:? ^°' ^^^ publica-
tions of the notice of an ap-
plication for confirmation of
title, any creditor of the ven
lor or assignor or of his
t lors, may aj.pcar at the
piothonotaiy s.dliccandbid
an mcrea.s.' „vt.r ihc sum,
price, or other consideration
r a|,„. ,, a,,,., mentioned
'1 the title, and have his bid
received, provided the in-
'•rease be ,.f,ual to at least
one tenth of the wh(,lc pric,.
sum or other considerution'.
«u;l the bi.lder offers, be-
sides, to refund to the api-. -
cant all his costs and lav./u'
diHlun-sements, giving i- ,'
■security to that effect in ''k
onlinary manner, or deposit
".'K for that purpose a si. ffi-
ci/nt sum, according to the
discretion of the court ur
inlff' '■*^^''"''."g the subse-
quent completion of the pre-
cise amount. (A'. ^S'. O art
9G0. Any other creditor of
tUe vendor or assignor mav,
lu like manner, and under
tbe same ccmditions, outbid
such creditor ; and all such
creditors may continue out-
bidding each other, provided
each outbidder offeis an in-
crease of at least one-twen-
tieth of the price, purchase
money or other consideration
over and above the costs and
lawful exi)enses.
961. The applicant may,
however, retain the immove-
awes at the amount of the
highest bid legally offered
963. If no such outbidding
takes place within the delay
above mentioned, the value
or tlie immoveable remains
definitively fixed at the price
and sum mentioned in the
lu '
«!
154
CODK OF PROCEDUIiK, PART „, BOOK „, TIT. I,.
li
!
J|;.'',^jf^fJ'. saving the provi-
sions hereinafter made
Riro^?; r ^l''^ appl'^ant de-
sires to discharge the proper-
ty from hypothecs, he must
fleposit in the Imnds of the
prothonotary, together with
acertificateofhvFjothecs tic
pncementionec/^-n the title
oee 1, or the amount which
such price has reached by the
outb.dding.-When,ho/ever
iie has an liypothecary claim
against the property, which
appears by the certificate of
the registrar, he may retain
he purchased mone,^ to\'he
^xtont of his claim, until
judgment has been rendered
provided he furnishes the
prothonotary with good and
sufficient sureties for all dam-
ages that, might result to
any party interested, in the
event of the non-payment of
such sum as the court may
fntn'i,'"?^ applicant to pay
i"*^„!'^«han']softheprotho-
isdinu^'-l'.^^^^.'^'^he case
nrp^-'''Vt''''^the amount
so retained had been deposit-
ea.— It It appears by the cer-
tierf ' '' 'h ^-^gi^trar that
JI'J,^,,'^''^ no hypothecs, and
claims or if the amount de-
posited IS sufficient to pay
all the charges which appeals
then judgn^ent of confirmal
t on IS pronounced purely and
964. But If the sum depo-
a!lte"h"?ie"Sr**°,^'^^'
TOi^r;!, «^^narge= aui^hypothecs
which appear^ and*if no price
IS mentioned In the deed, the
court or a judge may, at the
instance of t^e applicant
name two experts, an^ftKpl
plicant namesa third, in or-
jier to determine the value of
the property and to report
thereon; the whole according
1. onlinary formalities.
ori K ■ J. ^'^ ^^^"^ determin-
ea by the experts does not
exceed the prTce paiS in by
the applicant, the judgment
ofconfirmation is pronounced
purely and simply. ~ If the
value determined' by the ex-
perts exceeds the price thus
fif'^'"'.o'-|f no price is men-
tioned in the title deed, the
applicant cannot obtain a
confirmation, unless he de-
posits the difl^erence between
nnr).^^"'' ■*''"' ascertained
and the price, or the whole
,^J,'"^^^^''^I"e, ifnopricehas
been agreed upon.
^Ji^^: '^^•e provisions of the
last two preceding articles
do not apply to cases of ex-
propriation of property by
competent authority for pub-
Jic purposes, when the com-
pensation or indemnity has
been settled by arbitration or
oyT'''^''^'^^°'^'ngtolaw.
967. Lpon proof of the ob-
servance of all the formalitii
heremaboveprescribed, iudcr-
ment IS pronounced, confirm-
ing the title deed as free from
all hypothecs, of er than
those mentioned in article
968. If the applicant is
wiling and files a written
declaration to that effect,
J"?^'"f"t may be rendered
sul-)ct to the hypothecs
---Vn,O.SKP.H.r,0.nHTWKKXCO.VSOHTS.
5*" V' ?%'^'-o not mentioned in
suchjudjrment. "
the nmnpr •'' '"^g'Stered in
<-iv ] Code and ha. a riff} t
ant tT,;"'^ ^'•"'^ the ap^
of sL^h ' '°^^t« ^"^1 expenses
fL h registration, and of
JJo.^cance„ings .ki^.Tof-l
an J,rtM'''''*'P*^''' '"eludes
a pnvdeges affecting rea
155
CHAPTER VIII.
OF SEPARATION BETWEEN CON
SORTS.
SECTION I.
OF SEPARATION OF PROPERTY
973. A'o suit for separation
of property can be Cou X
b} a married woman wi?fut
the previous autorisat on of
tiJnt%ff"£."P-,peti-
conclusions for t^n^ ^""^
973. Suits for separation of
,""<.» article 3. „,■;://,-■:
I'laiy cases must he "trie J
; ° «^-rve<l i„ such s, it, anj
. "ee of such su t niii«t k«
F,l, , ^^ Pu'I'shed in the
Fiench and the other in thP
Eng hsh language. -\oVrn
975. Any creditor of th»
person sncd for separation „?
f^^or-^"=p"oS:
1., ' P^'Pose set uj. whatever
S^/'^''t^h-'l*^einor might.
tiu^^s'urtreliiy;^rV
;abl.shedb,someott,'reg^:i
»^^- The judgment pro-
156
CODE OF PKOCEDUUE, PART II, BOOK II, TIT, W
noiincintr separation of juo-
perty raa}' at the same time
determine the reprises of the
phiintif!, or order tiiat they
shall he determined hy a
practitioner or hy experts, if
there he occasion for it.
978. Tlie judgment of sep-
aration must he executed autl
puhlishedin accordance witli
the provisions contained in
articles 1312 and 1313 in. the
Civil Code.
919. The wife who sues
for separation may accept or
renounce the community,
according to circumstance's.
If the Inisband fails to make
an inventory, she may, upon
being authorized, have one
made, if she has not renounc-
ed-— If she accepts, the par-
tition is effected in the man-
ner provided in the Civil
Code, in the title relating lo
marriage convenants.
980. The wife's renuncia-
tion of the community must
be registered in the registry
oflfice of the division in which
the husbaud was domiciled
at the time that the suit was
brought.
981. The judgment of sep-
aration may be executed vol-
untarily or by legal means,
as provided in article 1312 of
the Civil Code, but without
prejudice to the rights of
third parties. — No married
woman, separated as to pro-
tion in writing stating her
intention, her names and sur-
name, and those of her hus-
band, and the style under
which she proposes carrying
on such business. This de'^
claration is entered and
transcribed in the same re-
gisters as the declaration con-
cerning partnerships men-
tioned in chapter 65 of the
Consolidated Statutes for
Lower Canada.— All married
women, separate as to ]tro-
perty, and carrying on trade
at the time of the coming
into force of this code are
bound to comply with the
above mentioned formalities
^yithin six nonths from such
t'^Jt!.— Any married woman
failing to comply with the
requirements of^ this article i-^
liable to a penaltv of two
hundred dollars wliich mav
be recovered, before any
court of competent civil ju-
risdiction, by any person
suing as Avell in' his own
name -as in behalf of the
crown, and one half of such
perty, can carry on trade
until she has delivered to the
prothonotary of the district
and the registrar of tiie
county in which she intends
carrying on trade, a declara-
penalty belongs to the i)ro-
secutor and the other half to
the crown, unless the suit be
brought in the name of the
crown only, in which case it
IS entitled to the whole of the
penalty.
983. When the reprises of
the wife consist of moveable
property, the husband may
oblige or to invest the pro-
ceeds thereof, or a portion of
the same, in the purchase of
immoveables.
983. If the husband gives
up immoveables to his wife in
ng stating her
•names andsur-
lose of her hiis-
he style under
){)ose3 carrying
ness. This de-
entered and
n the same re-
leclaration con-
nerships men-
ipter 65 of the
Statutes for
a. — All married
rate as to pro-
Tving on trade
of the coming
this code are
Liply Avitii the
lied formalities
nths from such
larried woman
iinly with the
if this article is
eiialtv of two
rs wliich may
, before any
etent civil ju-
any person
I in his own
behalf of the
le half of such
?3 to the i)ro-
3 other half to
ess the suit be
name of the
w^iich case it
e Avhole of the
OHAP. XX, 0. 0rP0SIT;0NS TO .UBRUOE.
payment of her reprises she
must apply for au,/,Kaiu a
judgment of confirmation of
the deed by which he ,loe"so
according to the formafties
wafhfriS?ts<;?';i;;!Vi?^
hare been determined is not
voluntarilv paid ex L „f I
"^ay be onforl^ed 'as ii in "
an- cases. Neverlhelesrtht
to"1:ceiv"''^'^'^^f'^'^^''^^vi'^''
to receive immoveables in
payment, at a valuation b -
experts provided such i„f
moveables are available ad
do not prejudice her lute eta
157
SECTION ir.
OF SEPARATIOX PRoil HEI, AND
BOARD.
coSJ!f1^^^y-^-
of^the present section a?s'o |
98G. A H-ife who desires to
obtain a separation from bed
and board must, in or derlo
bnng the suit, first obtain tl"
a^uthorization'ofa judge bv
means of a petition ginAai
summary statement" of'fhe !
facts Wh ch Q-ivo ris„ f 1^1
application, ^l[h%rf^^.r I
t^on under oath, and indiS-
ngthe house where she n
tends to resldo ,i„,.-." ,? '
^"it, and '^heresl^^
convey the linen and weaiTnJ
apparel necessary for her u?
-The apphcatfon must be
of the moveable proportv f
iiKLui^e oe authorized hv n
'';igc;b>rthatpurpo;el-K
attachment is effe'cted in ti;
I or"'ren?""r/n/^"-'^^-'''"^'n
if>r'ju:iSaj^,j;s^j
tl- ,M-operty attac^ied. '"^ °'
. y8». the wife mav iils^
,Jom with her demand^brs;!
para ion an attachment in re
Ivendication of such move"
, ables as belong to he-
»«». The ti^al of the ..ase
the judgment, its exeaitSK'
and, t publication are sub!
tiinedin h' P''^'^'i«'ons con-
tamed m the preceding gee
' CHAPTER IX.
OF 0PP0dlTI0N-,S TO .VARRIAOB.
990. Every opposition to a
! Diarriafre miiat iL „
ni..,? JPt ^ "^ at'compa-
t oV^^'''^"?^'^^'''»dicatno•
o day and hour at wnicfj
the opposition will be n • .
l^'Jtedtotlu, supeJ^cSurt
ox toajudgeof*suchcoui-t!
notiPo J ? opposition and
I no« fl, "^'^ ^". ««"'^'d both
upon to solemnize the mar-
consoits, or the persons who
Represent them, ^ Jela; of
nve intermediate duys beinJ-
observed, with the uJual ad?
dition where tl>,. r V
evoppfio fi I '^ distance
^.vceeag hve leagues.
t* I
158
CODE OF PnOCEOrRE, PART II, BOOK II, TIT. II.
!
CHAPTER X.
PROrKEDlNOH A. -^'ECTINr. COR-
POIiATIOXa OK PUllLJC
OFFICES.
SECTION I.
Of COuPORiTIONS ILLEGALLY
FORMKI), OH VIOI,ATI\(; OK
EXCEEDI.N'fi THEIU
POWERS.
097. In the following cases.
— 1. Whenever r.ny assoria-
tion or numher of persons
acts as a corporation without
993. The proceedings upon
the opposition are summary,
and conducted in the same
manner as those in suits be-
tween lessors and h'ssees.
993. Ff the opposant fails
topresent his opposition upon
the day ti.ved, any person in-
terested may ohtain judg-
ment of non-suit against him,
upon filing a copy of the op-
position served upon such
person ; and upon receiving
a cop;v' of such judgment the
tunctionary called upon to ;
solemnize the marriage may ;
proceed.
995. The court or iiultro ?J or boa.d, violates anv
before irendedn. hx£^ni htwh-T •?•""' «f ^^'^ ^«ts
may appertain ''''^ ''' '° ^''^ '^^V^^''","^ ^« '} «'" '^ not
^'S £ers 'iTTn lir^ if^^^'St
but in any other case he is
not bound to do so unless
Bufficiunt security is given to
indemnify the government
against all costs to be incur-
red upon such proceeding;
an*! in such mao fii/, ^ • .
;;'fon«ation'nu.^''VS ;,.'""!• '^'-" ^^efendan ts are
I.e names of the person who fiveV/^n'^ 'T^l^''^'- "" ^' <' day
has solicited the 'itfnrnl ' !. '' ^"'^ ^' t'lf'v fail to rin «
?-'eral to take %.,c /TeS ' /!'';^'«^r""*.'^'' I^'-oceod t?h
proceoriings and of the „erson ' -^"'*' r^ •'*-''"'i"lt. '"'
"Jio has become secur tJ for n n^'^f- '^ ^^^ ^^f^^ndants an-
''C- ^tI- '• '''■' -^' 5088) K d%,;""^v-Hhia %';;
.>98. The summons for thflt ' n<V' ^ ■ ^PfCalv to the
PU'-pose must he prece ed >v ' 1 ™-'^'?' ' '^"'^ ^^H' prose-
tl'e presenting ti the s , f ' r T, ^'"""'^ ^« answer
nor court, or to a judf^. 'nf I ^'"" ^'"■<^*' '^avs. '
a.^^pocial'information^'?S', »«03. Within three dav,
;a.»W conclusions "la .tf ' I'ir ""^ "''"^ "'■ ti-eanswT
to the nature of the co •« I f ' ''''*'^'"^'''' "i"^^t Proceed
venuon, and suppoi-ted 1 v at Z'-rn' r'''^" '!'J^^^-"tioJs oS
:? fc'L!!^..^'- -tisn.c{i:^;;^ -:^^-i.-tliesameman!
affidavit to tlie 'saUsHicK
tt V it'of " '' J"'^^'*^' «"d
;., ^^"* or iiummous cannot
'-^ue upon such informS
"•'thout the authorizaUon of
the court or judge. -Th?s
mi2^fJ - 4 -rits'5
ner as proof is made i ordi-
7'y casee ; and af er tt
;;^os;ng of his proof a^Xit!
n a turther delay of two
days, the defendants aTe
'jound to adduce tbvvLnle
prohilution, must be in t/.^ t. ''' ^^'^^''idants is closed
J^n^eform as ordinary ^Ws eV*''"'''?"'"'' '"^7 h^* aK
coS;/w,'''"^°^«»°^mons for ft- fn T '' occasion
TZT^^ f'e persons acting I of tl l ' n„ I- '-"^'^ "«*, either
legally as a corporation n,. ' fi ^ Parties may inscribe
t^e corporation comp\a ' ^ i,^',.?"^^^«^ ^'^ariig on he
0- oappear on a darfixedl mrtv^'n ^/•'^'^^. *''« «PP«3 te
b) the court or judfre—Tfi^ii^ ?°*'°e of at least one
served, in the fir^t cfse. upo 'Too'^'t, ''^ '^^ «-^'^-
some one of the ner^nn^ L„. ^'^^ court or jud^e
E^ corporate ri|hJ°o I ^ 1?^^ ^'^ ^^'-7« ^S-
place of business of the n4n I ^1/ l .'^ necessary tor the
ciation, speaking to a ''« ".^' "^J"^^^ce.
sonable p'erson ; ard, tn the ' nrn""^-- ^'^'^^^^ithstanding th.
econd case, accordiurt o tl o ' } ,?VnTl ^^"tained in In^
provisions contained'in a ■ I ^i ^^'' *^*^ 'defendants mav
-ri tlree^l^Ti'h^-: j «ons or' ?SeS7t^rtt
u?ual extension^ ^vC the InTn' ^^^ ^'«^°^ advisable!
distance exceeds five leae-ue, f^fu *^'^ Plaintiff may demS
*e prescribed by article f 5.''' ''^ffAl'' VP in defence'
I 1007. If the judgment de-
160
CODK OP PHOCKmuHK, PAHT. II, BOOK II, TIT. II.
! i
Clares tlip .Association to have
been illegally formed, the
persons composing it are per-
sonally bound to pay the
costs ; and if it ho rendered
against a corporation, puhlif
body or board, the costs may
be levied eitlierupon the pro-
perty of such corporation or
upon the private r.ropeity of
the directors or other officers
thereof.
1008. Whenever any cor-
poration, public body or
board, lias forfeited its rfght,-^.
privileges .'in<l franchises, tL^'
judgment declares it to be
dissolved and to be deprived
of its rights, and a curator is
named in due form to admin-
ister its property and liqui-
date its affairs.
1009. The curator, after
having given the security re-
quind by the court or iudge,
becomes seized of the pro-
perty ,f the dissolved cor-
poration, an inventory of
which he must cause to be
made in due form of law, in
the presence of one or more
of the persons wlio were
members of such corporation.
He must afterwards dispose
of the moveable property to
the bcrit advantage.
1010. lie is bound to give
notice of his appointment by
an advertisement to be in-
serted at least twice in two
newspapers designated l)y
the court or judge.
1011. The curator must
cause the proceeds realized to
be distributed among the
creditors of the corporation,
by the superior court, in the
district in which its principal
place of Ijusi.'iess was situat-
ed, after giving notice of the
day upon which he will make
applicHlion for that ])urpose.
-— Sucii notice must be pub-
lished at least three times
in two public newspaper,
named by the conit, and liit
first publication must 't;
made two riiouths at least
before the day fixed for such
appiieatiou.
1012. U' there are any debts
rrmainiri^^ due by such cor-
poral ion. its immoveaJjlc pro-
perly can only be sold upon
a suit bro\ighl against the
cur.!>.nr in t)(e ordinary from.
lOi ;J. If tiiere are no debts
du',; by sucii corporation, or
if Siich debts are not known,
thr n the curator must proceed
to the sale of the immoveables
to the highestbidder,after giv-
ing notice of such sale, in the
same manner as the sheriff
<loes in executions against the
immoveables of a debtor.
1014 A sale thus effected
l)y the curator after observing
tlie requisite formalities, has
all the effects of a sheriff's
sale.
1015. The curator is then
bound to account, in the
same manner as
vacant estates.
curator to
SECTION II.
USDRPATION OF PUBLIC OR
CORPORATE OFFICE.
1016. Any person interest-
ed may bring a complaint
whenever another person
CHAP. X, rT;f,fVT.rvT».«„
.'^'--KKm^Gs.PPKcm,conroruTioNs,KTc. lei
Lo^v.r ('ma^^'':!}T\^L.^o?o. If the complaint ig
office .n any corporation "r m,;''f^'' '^? complainan
other puolic body or J..".'.f' 1 "^."'^t be condemned to pay
other public bodVn; V''"' fr^'^t be
- Whither suS^fRceivf ' T^" '"'''
under the conlr7.!>''^^-M. lO^L Any person M-hom
"n^'^r the common L;- or th. •^'•. "^"^ ^'orson Mhom
^•as creait-d in virt,./!f ',n, !• J."*'-^ent declares t i^
^•"^;-..teor ordinun:'' '^ ^"•>' r' Jtl^"!! to the office or the
n- mentioned in ar icleS-" ^'^'' '^^"^'^' Papcs and in
?":L?!?_.«--> ^leCSl £?,',.'" ^^- possessionor
Je«nalSe^t,SS^^ 'Sl^ ^^ -^ti^'S
r franH ' "^"'^ ^o snciroffic ! j ent U fth "'\ ^^'-'""^''^'^ ^^ b'
or franchise, and allege such hdni V "*'*''' ''''^''^^t P^e-
t^cts as are necessarv + H i^*^ ^° ''^ny cr minal nrn
si'ow such right \n7,^ If *^3'"gs to which sMe"
SatT^ ^" '"^^ cat rr^°'"^^-^>^ be liable "^'^'"
ft; .12°" ^^« claims of I
SECTION III.
Of MANDAMUS.
"0th parties.
orders the d .1 S J'"lSO'C"t| ■
«fc^r''^'5"SSfrom%ho se'"''T ',?■.*'= f"""--? ca-
orace, franch se or nrivn«o.l .• whenever anv cnr
and condemns hirj:^\\''\f'>'^\on neglects orKjj
f"3t5 to the compIainant^J)??''^^.''"->' "^^ection whrch
the court or judge mav«T«n P'.'''^ it ig bound to inake
■.ft".
162 CODE OF PKOCEDURE, PART II, BOOK 11, TIT. II,
m
bers 'as may have been re-
moved without lawful cause :
— 2. Wiienevcr any person
holding any office in any
corporation, pu})Iic body, or
court of inferior jurisdiction,
omits, neglects or refuses to
perform any duty belonging
to such office, or any act
which by law he is bound to
Eeiform ; — 3. Whenever any
eir or representative of a
public officer omits, refuses
or neglects to do any act
which, as such heir or repre-
sentative, he is by law oblig-
ed to do ;— 4. In all cases
where a writ of mandamus
would lie in England : — Any
person interested may apply
to the superior court or to a
judge in vacation and obtain
a writ, commanding the de-
fendant to perform the act or
duty required, or to show i
cause to the contrary on a
day fixed.
io33. The application is
made by a petition, supported
with an affidavit affirming
that the facts set forth in said
petition are true,and present-
ed to the court or judge, who
may thereupon order a writ
of mandamus to issue. Such
writ is served in the same
manner as any other writ of
summons. UtS.Q.^avi. 5990).
1034. The proceedings sub-
sequent to the service are had
in accordance with the pro-
visions contained in the first
section of this chapter.
10S5. If the petition is well |
founded, the court or judge j
may order the issuing of a j
peremptory writ, command-
ing the defendant to do the
thing demanded of him ; and
if he fails to comply he may
be held by coercive imprison-
ment to do it, unless the
defendant is a corporation,
in Avhich case it may be con-
demned to pay a fine not
exceeding two thousand
dollars, which is levied by
execution in the ordinary
manner against its moveable
and immoveable property.
1036. Any person to whom,
or the person representing
any corporation to whom,
the peremptory writ is direct-
ed, is bound to return such
w-rit on the day specified,
together with a certificate
thereon of its execution.
1037. If the matter relates
to the making by a corpora-
tion of any election to an
office which is vacant by
reason of such election not
having taken place within
the time required, or being
or having been declared null,
the proceedings are the same
as above mentioned ; and the
writ commands the proper
officer, or, in his absence,
such person as is appointed
by the court or judge, to pro-
ceed to such election, at the
place and time fixed, and to
do every act to be done in
order to such election, or
show cause to the contrary.
1038. The person to whom
such writ or peremptory writ
is addressed cannot, however,
proceed?to such election with-
out giving public notice
thereof in writing, in the
French and in the English
ant to do the
1(1 of him ; and
it, unless the
163
ivKr"''^^^"cli.togive
«0"rt of 3f' J!f^ to the
pnncipal office o, «' nf
business of sdpI, ^i ^ ^^ ^*
is, and if here .„'P'r^'°"
• '-''•-re IS no church
places7ns''u''cVlocS
done in „rd„ tZL ?''' f" i «'' the hXL 1 '""''"I'g
cei)f ;„ ' ^" ^ bench, ex
then in onc^ ofTho'm " .'^'"'•^•''' ' '»' icilrcn''"' ''^'^ting'fo
places i„ .s'u^eVtS P'''^'- I offices";^^^^^^^^^^^
SECTION V (a.)
OF INJUNCTIONS,
13
I'nSror^anv'P'f'-^^"^*'
of, in vacntf^ J"(lgethere-
Junction,VrSn/t7. °^'"-
pension of an varS '"^ ^''^•
iSir^toVir^^^^^^
inferior jSiot^on""''^' ^^'l^'on unfeX^"^ /orporl
ever they /x!eed T ■ ''■^^!'- having fnTfini J Tu^ ^^^^out
•Miction. - TW „^''^"' Ji'i-is- lities g|t forfi'^"^ i^^ ^orma-
for, obtained Ld'". ^^^^^'^ ^y law or hv^-f "^ Prescribed
in the same manni ^"^^^^^^ted 1 poratbn fL^' ^^^tof incor-
of-andaTus?rd"w;?h"S| '^ on'fts'o^t^LhS'c?'^^'
*ame formalities. ^"« Possession to Upi, causes
any land th« ^'^^"j of
SECTION IV.
Q/' Prohibitions
1031. Writs of prohibition
SECTION V.
General Provisions.
therfghtl^of^?^?^'-'.^^^''^^"
Pomifn\t^T--Palcor-
elector entitled
to vote
causes " to hp 'r«o"^ """^' -
^^"d the'pro'pe^t/'o?" .1f^
persons. PvpT^Vf-"^ ^ ^^^^^r
of demombn^'""'^''^orks
tion; orwHp ^""struc-
Poration:et"--J"ohcor-
. , Procer ,Ung, bevonr? -^ '^''•^
-'-s,orwas°?a.;::;pSi:
,
A*
164
CODE OF PnorEDl'KE, PART II, BOOK II, TIT. II.
i
filU'd the formalities pres-
crilic'd hy huv, or liy its act
of iiicorporatioii ; — 2. When-
ever any person, who has
not ac(iuire(l the po.ssessioii
of one year, aii'i who has no
valid title to the ])roperty,
causes work to he carried on,
upon any land whereof ano-
ther is pr(i))rietor tlirouf?h a
valid title, and of Avhich he
is in legal i)0»fiession : 3.
Whenever an}' person floes
anything in breach of any
"written contract or writu n
agreement; 4. To prevent
the transfer of shares .m 'iny
corporation or coii!])any,
when such shares belong to
minors, interdicted persons,
married women not sepa-
rated as to property or unau-
thorized, or persons legally
incapacitated, or when the
ownership of such share is in
dispute, until the superior
court or a judge thereof has
adjudicated on the right of
property in such shares or
stock, or has granted per-
mission for the transfer of
such shares; 5. To prevent
one or more members of
a commercial partnership,
either during the existence
of the partnership or after its
dissolution, from doing acts
inconsistent with the terms
of the partnership agreement,
or with the duties of a
partner. This provision ap-
Elies to persons being or
olding themselves out as
being repieseuialiveb of a
deceased partner; 6. To pre-
vent any person or corpora-
tion from trespassing on the
property . ■ ii, or
from dtstK.^iii-, oLing, or
remov. ',' imv iir iperty be-
longing to the Crown or in
whicii the Crown has any
righl or interest. (A'. -S'. (J.,
art. 5091).
lo33/>. The application for
the writ of injunction is mnilc
by [)etition, support ■■'1 by
one or more affidavits setting
forth the facts of the case,
and accompanied by such
documentary evidenceas may
be necessaiy to establish tfte
pf'titioners's riglit to the sa-
tisfaction of the court or of
the judge, .md the proceed-
ings thereon are had in con-
formity with articles 098 to
lOOts inclusively, and with
article 1023. (/</.).
1033c. Except in cases of
urgent necessity, tli> court
or judge may, in their discre-
tion, order that notice <if the
presentation of such petition
be served upon the adverse
party, in the time and man-
ner the said court or judge
sees fit Id order. (Id.)
1033(i. Nevertl.cless the
writ of injunction cannot
issue, ur^r-fig the person ip-
plying . .refoi first g ca
good and sufficient security,
in the manner prescribed by
and to the f^nu i'action of the
court or judcre in the sum .>:
six hundred dollars, or any
other higher sum fixed by
the said court or judpre, fo,
the costs and damage " 'hich
the defendant, or the sr
against whom the a
injunction is directs mig
suffer by reason of the issue
^
'k.
y, and with
ifir<./->f rr. . ■'■ r, 1 I .
thereof. Vnon tU. r. '—'.-«. ktp. I65
as it n.«\ ;'"'^'' "mount
103 3<'. Tiic urit ,.(• • •
saJnc /nn/inci' .m . "
r. fV' V/?J"' ^'* ^vrit uf
'^^ V'" suspend U 'a ^nrN^"'''' '•'-'-'• '^
cee<I,njrs.oporation.=ro?^.£': "'J""ctiun. (/■/.).
common;;;;. f/:i'^'"^^^S "-a.
. 1033/,. Aninjunoti.mmn,
1033A". An., c 1 .
"^ in force, prov-
ion
(ODE OK PBOCKDURE, PART II, BOOK II, TIT.
II.
fii I
2 Mi
isionally, notwillistandinR
and witliout prejudice to
such iippcal or review ; but
the superior court, in review,
or the court of ain»oal3, as
the case may he, may, in
their (liwcrction, j»rovigioiial-
ly suspend the injunction.
(Id.).
1033/ The judgment, if in
favor of the petitioner, pro-
nounces the injunctions re-
quired, and adjudicates as to
costs ; it must be served upon
the adverse party. {Id.).
1033ffj. If a party, against
whom the injunction is di-
rected, violates or refusi'S to
olteytlie injunctions laid upon
him, either by the writ or by
any interlocutory or final
judgment, the court or judge
may cause to be destroyed
whatever may have been done
in contravention to the in-
junction, if it be practicable ;
— The court or judge may
also punish the party con-
travening, by an imprison-
ment not CJiceeding thirty
days, but which may be re-
peatedly inflicted until the
party obeys the order of the
court or judge. — 2. If the
party violating the injunc-
tionis a company or corpo-
ration, such company or cor-
ration may be condemned to
pay a fine not exceeding two
thousand dollars, but which
may be repeatedly inflicted
until it obeys the order of the
court or judge. — 3. The par-
ty aggrieved by the disobe-
dience of such person, com-
pany or corporation may also
recover from such person,
(onipany or corpor 'tion such
damages as he may siiow
that he luis snstaineil. {id.).
1033;f. A I fines imposed
un(ler and in virtue of the
provisions of this section are
the nroperty of the Crown
and torm part of the conso-
lidated revenue fund of the
Province. {Id.)'.
CHAPTER XI.
OK THE ANNUI.MNO OK LETTKRS-
PATK.NT.
1034. Any letters-patent
granted by the nown maybe
declared null and be repealed
by the superior court : —
1. Where such letters were
obtained by means cff some
fraudulent suggestion, or
where some material fact has
been concealed by the pa-
tentee, or with hislcnowledge
or consent;— 2. When they
have been granted by mistake
or in ignorance of some ma-
terial fact; —3. When the
patentee, or those claiming
under him, have done or
omitted to do some act, in
violation of the terms and
conditions upon which such
letters-patent were grant-
ed, or for any other reason
have forfeited their rights
and interests in such letters-
patent.
1035. All demands for an-
nulling letters-patent may
be made by suits in the ordi-
nary form, or by scire facias,
upon information brought by
Her Majesty's Attorney-Gen-
eral, or solicitor-general, or
•HAP. XI, OK HA«BAH CORPUS AD StVICIKNDUM, ETC. 167
anv Other officer (lulv author-
ized for that piirnos'f.
103« Tilt' iutormntion is
served upon the person who
holdh or relies upon such
letterF-patent. and in heard
tried and determined in the
same manner lu ordinar\
suita. ' j
. *"3'-,4" «PP<?ttl lies from
the hnal judfrment rendered
upon such information, pro-
vided the writ of api)eal
issues within fortv days trom
the rendering of the judt'-
ment. ^
1038, 1039. Th< se two ar-
ticles arerei)ealed. (/^, v n
art. 5&92) w^- '3- V-,
CHAPTER Air.
or HAHEAS coRprs ad .sriui.
flENDUM IN CIVIL MATTKK.S.
1040. Any person who is
confined or restrained of his
hberty, otherwi.se than from
some criminal or supposed
criminal matter, or any other
person on his behalf, may ap-
ply to any one of the judges
of the court of queen's bench,
or of the superior court, forai
writ addressed to the person
under whose custody he is so
confined or restrained, order-
ing the latter person to brinjr
him before the judge who
granted the writ, or before
any other judge of the same
court, together with the cause
01 nis detention, in order to'
examine whether such de-
tention is justifiable. {
10*1- The application must
be supported by an affidavit, '
shewing that there are prob-
able and reasonable grounds
for the apnlication.
1043. Thf writ is^ue.-j in
the name of the sovereign, is
sealed with the seal of the
court to which the judge be-
longs, and is attested in the
same manner as anv other
nv';'t If I'^ieturnable without
"lelay, unless a term of the
court 18 so near that the writ
cannot be executed before
l^uch term, in which ca,se the
judge may order the writ to
be returned during term; and
it the end of the term be so
near that the writ cannot
properly be executed durintr
the term it may be made re-
turnable during the followinir
vacation. *
1043 The writ is served
persona ly, or at the place
where the person is confined
or restrained, speaking to a
domestic servant or an agent
otthe person to whom it is
addressed, and leaving the
writ Itself; and the return of
service is made upon a certi-
fied copy.
1044. In default of com-
pliance with the writ of
habeas corpus, the person
upon whom it was served is
held to be guilty of a con-
tempt of the court under
whose seal the writ issued,
and the judge may grant a
rule under the seal of the
court returnable before such
Judge or before the court, for
Ills imprisonment.
1045. Upon the return of
the writ of habeas corpus, or
otthe rule mentioned in ar-
^1 ,
i '
in
h ?
liiw.-.
168
CODE OF PROCEDITRE, PART II, HOOK II, TIT. II.
tide 1044, the judge proceeds
as soon as he conveniently
can, to examine, by moans of
depositions under oath or
affirmation, into tiie truth
of the facts alleged, and de-
cides accordingly.
1046. If the judge before
whom the writ is returned in
vacation is in doubt as to the
truth of the facts alleged in
the return, he may admit to
bail the person so confined
or restrained, upon his enter-
ing into recognizance with
one or more sureties or, in
the case of infancy or cover-
ture upon security being giv-
en by recognizance, in a rea-
sonable sum, for his appear-
ance before the court on a
fixed day during the next
term, and" from day to day, to
abide such order as the court
may make.
1047. The writ of habeas
corpus is thereupon trans-
mitted to the court, together
with the recognizance and all
the pnpers connected with
the application, and the court
thereupon makes such or-
ders us to justice may apper-
tain.
1048. The court may direct
one or more written issues for
the trial of the facts alleged
in the return, and such issues
are tried either by affidavit or
by the examination of wit-
nesses before the court or
judges, as such court or judge
may think proper.
1049. The same proceed-
ings are had in term in the
court of queen's bench and
in the superior court, res-
pectively, for controverting
tlie truth of the return.
1050. The court or the judge
may pronounce ujjon all costs
incurred in the issuing, con-
testation or execution of the
Avrit of habeas corpus.
1031. Whenever a writ of
habeud corpus has been once
refused by any judge, the ap-
plication cannot be renewed
before him or before any
other judge unless new facts
are alleged ; but the applica-
tion may be renewed before
the court of queen's bench at
its next sitting in appeal at
the place where appeals are
brought from the district in
which the application is
made.
1053. The provisions of this
chapter cannot be extended
to the discharge of any per-
son imprisoned for debt, or
under any action or process
in civil matters.
■m:
POWERS AND JUUISDICTION OP THE COURT.
169
controverting
3^0 OK III.
OF THE CIRCUIT COURT.
TITLE I.
POWERS AL n Jt RISDIC TIO^ «F THE COURT.
1053. The circuit court
has ultimate jurisdiction to
the exclusion of tho superior
court. — 1. In all suits wJicre-
in the amount or the value
of the thing, lemanded is less
than one hundred dollars,
saymg the exceptions conl
taincd ill the follovvino- ar-
ticle, and such cases as fall
exclusively within the juris-
diction of the court of vice- I
admiralty and suits in mat- I
tera of petition of right • - '
2. I» all suits for school ta'xes I
or school fees, and all suits !
concerning assessments fori
the building or repairing of
churches, parsonages, and'
church-yardg, whatever may
be the amount of such suits
{ii. k. Q., art 5993).
1054. PJicept at the chef-
Ijeiiofeach district, the cir-
aiit court has jurisdiction to
the exclusion of the super-
ior court, but subject to
appeal :-i in all suits
m which the sum or the
■value of the thing demanded
amounts to or eiceedg one
hundred dollars, but docs
not exceed two hundred dol-
lars saving the exception
contained =n the second pa-
ragraph of the preceding ar-
*V'!fJ-2-i".^" suits for fee*
of office, duties, rents, reve.
nues.or sumsofmonev nav
I ab to the crowu. or- 'w S
relate to any title to lands or
tonements, to annual rents
or .uch like matters wherei
by rights in future may be
'•ound even though the
;amountclaimedI,eunderone
hundred dollars. (/? a- o
I art. 5994). *^-'
Ll^„^^- The circuit court may
take cognizance, upon evoc«^
hofnrn .i"""-^ '•'■^ brought
before the commissionners'
court for the summary trial
of small causes, in the cases
;^econdl3 enumerated in the
preceding article.
I 1056. The circuit court has
i v.'i?i, ^°"C''"ent jurisdiction
>•» h the superior court, by
raeuns of ceriiorari, over iudc-.
Iments rendered, Within ?fe
l^'?t««.f^fh^ district or circuit
for which It is held, by the
cpmniissionnerB' court men-
tioned in the preceding ar-
ticle, or by justices ol" the
j>eace, wherever a ceriiorari
nJw^-- ^^ ^""^ *l3o an ap.
pellateiurisdictionoverjudL
sioaers court or by justices
■S'i
lJ6».soa».' , ...-^- »i,.
170
CODE OF PROCEDURK, PART 11, BOOK III, TIT. I.
of the peace, for taxes, agsess-
ments or penalties, imposed
under the Municipal Code.
Ui- S. Q., art. 5995).
1058. Whenever any suit
or action relates to fees of
office, rights, rents, revenues
or sums of money payable to
the crown ; titles to lands or
tenements; annual rents or
other matters by which rights
in future may be affected, the I
defendant may, before plead-
ing to the merits, evoke the ;
suit or action, and require it
to be removed to the superior I
court in the same district for
hearing and judgment.— The '
declaration of evocation is i
filed in the record which is I
thereupon removed to the '
office of the prothonotary, '
and the sujjorior court deter-
mines in a summary way
whether the evocation is well
founded or not ; in the former
case the court tries the cause
and renders judgment there-
in, and in the latter case the
cause is sent back to the cir-
cuit court. If, in any cause
susceptible of being evoked,
the defendant in his defence
disputes or calls in question
the plaintiff's title to any
immoveable, in such a man-
ner as might impair or inju- j
riously affect the plaintiff's
rights in future, the latter I
may evoke the suit, and pro-
ceedings are then had as in
cases of evocation by the de-
fendant.
1059. Thf"! rulog contained
in the first part of this code,
and ill the first book of the
second part part of this code,
namely :— in the preliminary
provisions; — in the third,
'fourth, fifth, sixth, seventh,
I and eighth chapters of title
j first ; — in the first, second
I and third chapters of title
! second ;— in the first chapter,
and in sections 1,3, 4, 6, 7,
and §§1, 12 of section 5, of
the second chapter of title
third ; — and in the second
book, in the second, third,
fourth and fifth chapters of
title first, — apply in like
manner to the circuit court,
except as regards trial by
jury and such rules as are in-
consistent with the provisions
I of the present book and such
I as can only apply to the su-
^ perior court.— All the powers
conferred upon the superior
court, or upon the judges and
officers thereof, respectively,
relatively to matters within
: their jurisdiction, are also
I conferred upon the circuit
I court, within the limits of its
I cognizance, and upon the
I judges who hold such court
: and upon the officers of the
said court respectively, with
I regard to the same matters
and the other matters which
form the subject of the pre-
sent book, or with regard to
any other matter concerning
the manner of conducting
suits, actions or proceedings
in the circuit court.— What-
ever may or must be done by
the prothonotary as regards
proceedings in the superior
court, may or must be douu
in like manner by the clerk
of the circuit court, as re-
gards proceedings before the
itj » 'f
'°'™"'"-"^™™cn„.v„„,„,„,,.^
US 1,3, 4, 6, 7,
atter court, except, however
the judical powers conferrerl
"Pon the prothonotary in tho
absence of a iudee vi
clerk of the circ'uKuTt'h':
the power of administering
oahs whenever thev ar^ZF
Si tS' ^"■"Vi' court.
It cannot, however Tr«^
befS?e fL ' •^^^. ^««^ sued
uerore the circuit court ;^
he coamj. i„ which i" ™
jroSa:?„„™s .i;rLS
nant Governor, be h(^]n L
«Pting the countiesof Ho-'
in
Uce;v,toS-Sha?r
Richmond, Bimouski.Sagu.:
My and Stanstead l^h,
■°.'l.ec'i^c'l'it''c*'f ?"»''■'«
such aesignation. Upon nrn
«unn,a,.he'^abSc,'7i'
-^^ <?•, art. 599G) ^
residing in i|,e same district'
15
172
CODE OF PnOCEDURIC, PART II,
II.
TITLE II.
ORDINARY PR4K'I:DIJRE.
n
CHAPTER I.
OF SUMMONS.
1065. The provisions con-
cerning summonse.s for the
superior court apply equally
to the circuit court, saving
the provisions hereinafter
contained.
10G6. The delay upon sum-
mons is five intermediate
days, when the distance trom
the defendant's domicile to
the place Avhere the court is
held does not exceed live
leagues, Avith the ordinary
extension when the distance
is greater.
1067. When the writ of
summons is to Ije served in
anothei' district, it may be
addressed to the sheriff or to
a bailifl" of such other dis-
trict. — It may also be so ad-
dresser" when it is to be served
in more than one district. —
In the latter case, as many
originals of the writ of sum-
mons must be issued as there
are districts in which it re-
quires to be served.
1068. In the case mention-
ed in article lOGT, the writ of
summons issuing from the
circuit court of a district
may be served by any bailiff
of such district ; but he is en-
titled to no more costs than
if the service had been effect-
ed by the nearest bailiff' to
the residence of the defen-
dant thus summoned. — Any
writ of summons, subpoena
or writ of execution issued
out of any circuit court in
any county, may be served
or e.xcf'uted by any bailiff re-
siding in the "district but no
more costs and emoluments
for serving or executing such
writ are allowed or taxed
against any defendant, than
would have been allowed had
I sucli writ lieeii served by the
j bailiff residing nearest to the
residence of the person sum-
: moned or against whom the
; execution is taken ; provid-
: ed, nevertheless, in any case
j in which it is established, to
the satisfaction of the clerk
of the court, or the judge
: h.T,ving jurisdiction in the
i district in which such writ
issues, that such writ should
be addressed to and executed
by the sheriff or some other
bailiff, it may be so addressed
and executed ; in which case
the costs to be taxed as from
the office of the sheriff or
from tlie residence of such
bailiff, and for the distance
actually travelled by him.
iR. S. Q., art. 59;i7).
>' ^o'^tMUMMkMx. .
"fAP. u, PUOVISIONS CO.VOERM.vr APPEAr.nr.
atPEALAnLE CASES.
^'HAPTER fi.
PROVISIOVS roxcERNTNc AP.
PKALAItu; CASES.
SECTfOX I.
i'norEEnrx.s „eeo.e ..o^tks-
TAno.N, OR IS L-NCO.V
TESTED SL'ITS.
S ^.[^""^""Jjl-
cult court. ^ ^^"^ <^^f-
173
I l^y an act oft 1,0 clerk nf ti,
(Closure, l)etueen cfl,
iaw without any dema„d of
Pli'a being necessary.
SECTIO.V III.
OK PROOF AXD IIEARl.vr,.
SECTIOK II.
OP COXTESTATIOX.
iert f^ fi "^ ^■•^^"'t are siib-
•''i'V^ti.e provisions concer
n>ng the same matterq iL tV
snm-iov court evrfnti^^''
gards the delays -^S.vf "'■
sue is-^fi.° ,^««Pl«te thi s.
»"ts IS five days.— TliP Hn(„
"0 Pica hp L , "*^''^"^- -ff
of a -^ '^{*'^'' t'l^ service i
"' a demand of nl^o A
party in dpfnni/- J^^^' *'ic
.y 'u aetault is toreclo^ed
«f the c'irotl^^!,'™'»r.. term
. i^'^- Contested c-nn^ „
!'"c,il,«I „, tl,o same ,,S
£"";,, ■^;;;S,,f -,;V,"„-
visable to adjourn the ca^P
on account of the absence of
son^^e^material witnessre\i5
174
CODK OP PROCEDURE, PART II, BOOK III, TIT. 11.
f I'f
St' I
llii
^?P In the same manner
and by observing the rules pre-
scribed for the superior court,
the proof may, with the con-
sent of all the parties, take
place on any juridical day
in or out of term, and may
be written down at length.—
The clerk of the circuit court
mav receive the depositions
and swear the witnesses in
the absence of thi- judge ; or
they may be taken before an
examiner.— In default cases,
and with the oor sent of the
parties or their advocates in
contested ciscs, depositions
of witnesses may bo taken at
any stage of the proceedings
on any juridical day in or
out of term and at any place
whatever and oe sworn there-
after before a commissioner
of the superior court. (It S
Q; art. 5998).
1076. No person residing
at a distance of more than
fifteen leagues from the place
where the proof is to be taken,
or beyond the limits of the
circuit, is bound to attend as
a witness, unless he is sum-
moned in conformity with
the provisions contained in
articles 246 and 247.
1077. Whenever a demur-
rer has been filed, the case
may, nevertheless, be inscrib-
ed for proof and hearing, re-
serving the argument upon
the law issues until after the
proof.
1078. The court may at
any time order the proof
to be had, or a witness or a
party to be examined in ano-
ther circuit, and may order
that the record, or a part
thereof, be transmitted for
that purpose, according to
the provisions contained in
article 241.
SECTION IV.
OF JUDGMENTS.
1079. The provisions which
relate to judgments and to
costs iu the superior court
apply also to judgments ren-
dered in the circuit court.
1080. When a judge Avho
has heard a cause is incapa-
ble on account of illness, ab-
sence or other cause, of ren-
dering judgment in person,
he may transmit the draft of
the judgment, certified bv
him, to the clerk with ins'-
tructions to record such judg-
ment and to read it. or to
give communication of it on
demand to the parties or to
their advocates on the dav
previously fixed for that pur-
pose by the court which shall
have taken the cause en de'li-
be're.— The clerk, on receiv-
mg the draft of the judgment
and the instructions accom-
panying it, is obliged to con-
form to such instructions :
and the judgment so enre-
gistered, has the sameeflfect as
if it had been rendered by the
judge, during the sitting of
the court. {U.S. (J., art. 5999).
SECTION V.
OF THE EXECUTION OF JUDG-
MENTS.
1081. Writ3 of execution
CH.P. u, PROVISIONS CONCEUNLVG APPE.r . n
the navm.n. ...... , '' ^^^^^^-«^b cases. 175
for the payment of a sum ne
«oneyissueagainstU,emT)ve
trirt — Ti,„ y ^'"cr dis-
him executed in such ^r/
Jr the"; "^ ""^' otlief^Hstd r
'iressed to the shpHff ^'
U ,V^ „ Z.*^^ executed.
execufinn'^^I*'P^'''''*'0"stoan
pro? r wE"'* "«"^''W«
e court
the jur sdiction o^
whjch issued the vvrU.
~„^^ c^^u!:ie?S
an opposition to tt?e ^^^vl
eierk are empowered L "1
sheriff of such H! t ; ^ ^^^^
^•eturuable'to ho"',''''"^''
court of such di.*ttt^:"^^"-'-
. loST. In the ms« r.*-
immoveablew hirf, .'1 1 f ''"
jueied or in cases of arrears
|0^ rents constituted iml^
J„ainst such immoveable n/ '
^^ vvnicd It IS situat-
^ wilt of execution is re-
17G
CODE OF PUOCEDCHK, PAUT II, BOOK III, TIT. II.
I .!
is :-
turnable, in the same manner
as if tlie judgment had been
rendered by such conrt.
!()«}). in other ie.si)ect3 the
forinuliiie.s of tlie seizure and ,
the sale of moveables are the :
same as upon executions of
judgments of the superior
conn, and the provisions
concerning seizure by gar-
iiishment after judgment" in'
the sujjerior court apply like- ;
wise lo sucli seizures issuiu"- (
from the circuit court. ° !
1090. Upon the return into
the superior court of a writ
CHAPTER III.
PROVISIONS PAnTICCLAR TO
NOX-APPEALABLE CASES.
I093rt. Except in the di5-
ti'icts^of Ueauce, Rimouski
of execution against immove-
ables, granted by the circuit
court, the former court may
order the clerk of the latter
totransinit the original record
in the case, that it may serve
for all legal purposes.
SECTIOX VI.
OF REMEDIES AGAINST
JUDGMENTS.
1091. Anypartvwho deems
himself aggrieved by a judg-
ment of the circuit court may
obtain a rehearing of the case
before three judges of the
superior court, according to
the provisions contained in
articles 494 to 504.
,1093. Such party has like-
wise a remedy by appeal, in
conformity with the provi-
sioiis contained in the fourth
book of this code.
and Terrebonne, to whicli
articles 1093, 1094, 109.5. 109G
I 109T, 1098 and 1100 exclusi-
vely apply, if the action is
'< returnable in term, the pro-
{ ceedings with respect to
appearance, default, judg-
' ment by default, and relief
, therefrom, confession of judg-
ment, written pleadings and
the inscription of the case,
are the same as in actions
returnable in vacation under
article 1099. H. S. (J., art.
G002. '
1093. When a non-appeal-
able case is returnable during
term in the circuit coui-t. the
defendant is bound to appear
in open court on the dav and
at the hour specified, without
having a delay until the next
day to file his appearance.
1094. Ifthejudge is absent
the case may be called, and
appearance or default record-
ed by the clerk.
1095. Confessions of judg-
ment may be given orally
in open court; or out of term
pursuant to the provisions
contained in articles 94 and
following,and judgment may
be rendered accordingly. On
any day during a term or
the time fixed for the holding
thereof, it the judge is absent
or cannot hold the court on
that day, such confessions
may be given in the same
""■'""""''•'»• "~-o»o.v..,.p,:,,e«,,.
t in tlic di5-
mannoras out of tenu. y,-
*>■ (,>., art. (5003.
1000. irti.ede/endantfail-
f<"-tlnv,t|, proceed wj , h 's
i;;-oon und the cou \C
ucconlin.Wy J^^'^'^aent
1097. ft' -the case is return
able ,a term, the defen.hn^'
upoii appearin... is ho ,''/'•
plead forthwith Jk m "
=^oin^n.iti^gon.ral'lVa ,fis
;;-t.on unless the 00.^^0"
■vAi • L *''^ Pl'^as shall
'^'thmahxeddelav^lMMZJ'
out H. writing; but the p at
ti<t s not hound to ansir,
-t;ng unless the c^ouA' so
1098. [f the detendantdoes
»ot plead m writing, he is
failed upon by the cou t to
ami ''f^T''^'^'^ 'i'-' admits,
and such admissions ^vl
recorded. Jf he \^. '^'^
such admissions he is hold o
have denied all the fac s
am.ged and is Ji.ble forTh
tost.^, of proving such of
them as may be ,,?oved a"o
other articulation of facts is
required. ^^
1099. If the action is re
turnable in vacation hc>„o
ceediags with respect to ^
Pearance, default.^ judimeu
by default and relief 'tW
tiom, confession of indcr
ment, written pleading a.S
the inscription of the" ^ai
Ses^1r^^^VPP^-iabI,^
oases ;■ but no ^Sl.TZ
plea or ot answer is necessa-
cios re ;'/° ''^^^"" ^ f"'*^-
«-iosuie; the notice of in-
hreJ '? -"■''" -'t least
d^tl^. ;v' 'rf'"'^'''an.l; and
't the defendant fails to an-
pear or to plead, the plaint f
, .yio bound to give notice
I for 00^^^
l!;^,S;^-^^"^"chproofis
! 1100. Ifthe defendant fails
aseT;''"''^';l°'''^'-'^
!.; ," ' V"'}^^ at any time
1 Keed to judgment in the
l-^nemannerasiftheactJi^
'''';i;^t'';'''able in vacation.
'» made <.rallv and in onen
oourt, without Its being C
^I^ ''"^^ -^- ^ the
lloa Judgments for sums
en only be executed upon
be moveable property of' he
ypothecary actions, or of
i^'nts created under the se
Srl'"^^^"^ 1854. in which
execution '"'^''^ "^'^^^ '^^^^
veah , ? '''°'''',"^'^ the immo-
the ''r'>'^'^ according to
t nr™'' r ^^'^^ prescribed in
the precuHing chapter.
110^. J he provisions rnn
kerning oppositions and stay"
proceedings, containedin
well 'aT'tLo^ ^'^'^P*^'-' ^
uui as those concerning
seizures by garnishmentaftef
J";',^.'f »t' «^"st also be oh.
Sf "^ '-'-appealable
suhs***n,/w"'"':'''PP^^''^^le
suits aie determined in a
nummary manner, and when
the amount claim'ed does S
178
CODK OF I'BOCEDUKE, PART H, TiOOK III, TIT. IV.
r •
exceed twenty-hve dollars science. The provisions of
they are deeded according article 1080 am.Iy to non
equity and good con- , appealable caseV.
to
TITLE J II.
OF SUITS BETWEEN LESSORS A^TD I.ESSEES.
1105. The circuit court has
jurisdiction in cases between
lessors and lessees, whenever
the rent, or the annual value
or the amount of damages
claimed, does not exceed two
hundred dollars.
1106. The provisions con-
tained in the first chapter of
title second of the second
part of this code apply to
suits brought before the cir-
cuit court.
TITLE IV.
SUITS I]V CASES OF ItEEOAI. DETENTION OF
I.ANDS HELD IN FREF A» COMMON
SOCCAOA.
1107.- Concurrently with
the jurisdiction of the supe-
rior court in such matters,
petitory or possessory ac-
tions against persons illegal-
ly detaining lands held in
tree and common soccage in
the townships mav be brought
before the circuit court in
the circuit within which such
iands are situated, or out of
term before a judge of the i
superior court, who may hear '
and determine such suits in
vacation, as the circuit court
might also do, whatever may
be the value of the lands :
and the proceedings in all
such cases form part of the
records of the circuit court
1108. The plaintiff in anv
sxu'.h !;'uiis may add conclu-
sivr-, ''or the rents, issues and
profit.. ;jf such lands, and for
any other damages he mav
have suffered.
. 1109. Such suits are sub-
ject to the same provisions
I as other appealable cases in
I the circuit court, as regards
summons,pleadingand proof
1110. The defendant may
plead all matters of defence
even adverse title, and mav
also claim, by incidental de-
mand, whatever sum he may
be entitled to for improve-
ments made upon the Jan ds.
1111. If either of the par-
ties IS aggrieved by the judg-
ment he may inscribe the case
tor hearing before three jud-
, TIT. IV.
' provisions of
ai'ply to non-
ses.
provisions con-
tiist chapter of
of the second
code apply to
before the cir-
^;iAP I, or ERROR APPKAL FRnu ,
'••f.ALFROMJUnoMENT.S, FTC
twent In ," ^"" within
twenty ,iays dom service of
judgment, and such hwi,^
lect by means of a writ of
179
possession, as 'nrpanriu^ , •
articles 549 ?^,FS'^^<' '»
ofqueen',?KV?ntl'. '""•■*
thek"?q ti.n „ " never-
, utass, the security must hp
Mil
KTIOSr OF
ninoDir
' add condu-
its, issues and
ands, and for
ages he may
uits are sub-
le provisions
able cases in
t, as regards
ngand proof
^endant may
s of defence,
tie, and mav
icidental de-
sum he may
or improve-
)n the J ands,
' of the par-
by thejudg-
:ribe the case
re three jud-
BOOIv IV •
OOUHT OF QnEE.V..S BK.Vr„ ^PPE.U «,0E.)
CHAPTER I.
OF ERROR AND APPEAL KROM
JUDGMENTS OF THE svH
RIOR COURT.
qu«n-s bench sittr„g°T„"ap°!
can be argued in error. '
sam„ ; I "''I'""'' 'ies to the
SSe'r?e„"aTreS"-bT
«-"or?;s;,-fi[
I matters concerning muniri
I pal corporations or offices a."
K^- A. ^/, art. 6004)
son*^w1;^\^^^"t^.^«^«^ss,noper.
1 rev"'e/tf ^^' '"scribed in
review before three iud^P<J
l^ny cause in the superfor
^«o-'rt and on such inscnT
^on has proceeded ti 3:
f, tourt or queen's benoh
ftj>m the judgment of he su'
uLrPn! •'"^^'^ent confirm.^
I lance. (/c?.^ art. 6005.)
frn^^^. ^" appeal also lies
nhf'&"J?^^J"dgmen?:
wT. ^°/lowing casi s • _
1- When they in 'part decide
«.ai
.^„
Vs>>>,
IMAGE EVALUATION
TEST TARGET (MT-3)
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1.0
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1^ 1^
2.5
2.2
la 10
11-25 III 1.4
1.8
1.6
Photographic
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, N.Y. 14580
(716) 872-4503
.\
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\
•iF. <*
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1^
1
180
CODE OF ri!OCi:DL-UK, I'AItT II, HOOK IV, TIT. IV^
I
tlic issues ; — 2. WhtMi they
order the (loinj,' of Hiivlhiiifr
whicli c.'uiiiotbe remedied Ity
thefuial judf^-meiit:— ;!. Wlio'ii
they unnecessarily delay tiie
trial of the suit.
1117. Proceediiitrs in error
or apiieal from Jiidf,nnent.s
rendered in tiie (ii.striets of
Montreal, Ottawa, Terre-
bonne. Jolietfe. Hichelieu,
St. Francis. Bedford, St. Ilva-
cinthe, Iherville and Bean-
harnois, are brought, heard
and determined in the city of
Montreal, and the writ is
made returnable there, and
the like ])roceedings ajj^ainst
jud.Lfinents rendereil in the
districts of Quebec, Three Ri-
vers, Safruenay. Chicoutnni,
Gasja'. Rimouski. Kamon-
raska, Montmaj^ny. Beauce
and Arthabaska, are brought.
heard and determined in the
city of Quebec, and the writ
is made returnable there.
1118. Saving the eases pro-
vided for by articles 82;),
1033 and 1037, proceedings
in error or in appeal must be
brought within a year of the
date of ihe Judgment.— This
delay of a year is binding
even upon rainors, women '
under coverture, jiersons of
unsound mind or intei'dicted.
and upon ]»ersons absent from
the Province, when those
who represent them, or whose
duty it is to assist them, have
been duly brought into the
suit.— If the {larty dies bcfoir
appealing, the delay is reck-
oned only from the day of his
death, against his heirs or his
legal representatives. — Pro- :
ceedings in error or in ai)i)eal
may Ije taken iluiing the de-
lay allowed for demanding a
review before three judges,
and after proceedings in re-
view have been commeiieed
if the party wiio has taken
such i)roceedings disconti-
nue; the same. — In cases
of judgment by default in
vacation, the delay for a]i-
])ealing runs only'doni the
expiration of the time al-
lowed for filing an opposi-
tion thereto, (/i'. S. Q., art.
6oot;).
1119. if the appeal is from
an interlocutory judgment, it
must tirst be allowed t»y the
court of queen's bench, upon
a motion, supjtorted with co-
])ies of such porti'ju of the
record as nniy be necessary
to decide whether the judg-
ment in (piestion is suscep-
tible of appeal, and falls
within one of the cases spi'-
cilied in article 1116. — The
motion must be made during
the term next after such reu-
deringof the judgment, and
cannot be received after-
wards ; saving, however, tho
party's right to urge his rea-
sons against such judgment
n])on an appeal frcmi or pro-
ceedings in error against the
final judgment.
llJio. The motion must
be served upon the opposite
party, and, if requii'ed, is fol-
U)we(i by a i ule, calling upon
such opposite party to give
his reasons against the grant-
ing of the appeal ; and the
service of such rule upon him
has the eliect of suspending
criAr. I, OF i:i;i!(.n and Ai-PKAr. tnoM .jl-I)(;.\ik\t.s, ktc.
181
all procoedincrs before the
court ix'Iow.
1131. Procoodinps in orror
or in a])j)eal arc l.roiip-ht liv
means ot a writ, in the Kn'-
glish or in the
at his <loniieiIe, or with his
attorney nd litem in person ;
•'Uni it must afterwards be
dei)o5itei| with the jinithono-
t-iiy of the court l)y wliich
. ui Uie French bm- fli.- jud^M,„.nt was renden-d
Kuape. issued from tho r„urt -a return of sueh servile
;vp;1"!rM.:^!'r'';- ;'•"'" ^''^ and .leposH must be ma.lel)y
names jiik
rmeu denuu.d of the party the bailiff upon a,; uulhnu.
:,7,. ' J /•"'f'-^'!""? the eopyofthe writ of appeal or
de?«eri].tion of the error, wiueti copv nant be
couitbi'iow. andmeiitioninjr of appeals
theplacean.i time at which. 11-4. The appellant or
the judgment was rendered, plaintiff in error nu do e
-.addressedin the name the recrd can be smt up.
and of the judgment ; it is
signed by the clerk of appeals
eontirmed : or else lie must
,, the of-
ot tile prothonotarv of
, ■, 11 - ueelare 111 writin"' at the of-
witi';i;':''"r^> ;?'"^ ^'"'^"' '■"^'■' '^* ^''^' protirondt V of
,u n 1 .''^^'':\?-"''l'^' the court, whose ju.io-ment
b rm aulv V. ^' "'" '"'; '^ ""^'^'^'^'^ from, tlmt Ik^ does
tu toima! ty is not reipiired not object to the lud-niient
m^'V" """'ty,-If the rendei^^d against h ml ",'!
■ippeal IS from an mterlocu- executed acT-ordiu^Mo law in
toy ^udgm.nu the clerk which case he is cm Iv bourn
m>t endorse upon the writ to give security for tlu
>.it It IS issued by order of mentofthe cJsts in a
the court.
11*^3. Thedelavforreturn-
ino- the writ may be extended,
according to tlfe distance be-
tween the place where the
.IJidgment was rendered and
tlie place where the writ is to
w returned.
of
lias. The writ of error or .store the
jiay-
— • ■-. ..,>peal,
il he fails : and if the judg-
ment is reversed tiie respond-
ent who has caused the judg-
ment to be executed is l)ouird
to refund to the aiiindbuit the
iietiinKjiintonlyofthemoneys
levied by execution, together
with legal interest; or to re-
appeal must be served 1
property of which
ipon the oi)posite party b
10 was put III possession, to-
leaviiig a copy with hi
y getherwith the rents, issues
m or and profits since
182
CODE OF PnoCEDURK, PAUT 11, BOOK IV, TIT. IV.
if'
1125 Theseciinty mustbe
receiv(.>(l before one of the
judge.s or the protlionotary
of the court in whirli the
judgment was rendered ; und
such jndfre or prothonotarv
may swear the sureties olief-
ed and ask them anv jierti-
nent (|uestion with "respect
to their sufficiency.
113«. As soon ap the sure-
ties have been received and
the bond has been formally
executed, it-is the duty of the
protlionotary of tiie court in
whicli the judsTiiiciit was ren-
dered to make u|) and com-
l»lete the record in the case,
according to the forms pre-
scribed by the court of ap-
peal, with a list of all the
papers which form [>art of it,
and a transcript of all the
entries in the registers, and,
upon being ])aid his fees,
charges and costs of trans-
mission, to send them up to
the court of ai)peals ; and
such return shall i)e certified
oa the back of the writ by
the judge or by the j)rotlio-
notary.
nil If the writ of error
or ot ai)peal is not returned
on the ilny n.ved, the appel-
lant may ol)ta in a rule against
the i)rothonotary in whose
hands it is, ordering him to
return it. — The respondent
in such case cannot be con-
demned if he fails to appt-ar;
and if the prothonotaiy is in
default, a new writ m'lat he
issued and served in the same
manner as the first, \vithout
lapse of the jtroceedings al-
ready had.
1128. The appellant and
the res^)ondent are both
bound, it the writ is returned
within the proper delay, to
file an apjiearance in the of-
fice of the clerk of appeals,
before the expiration of the
eight days next after the day
fixed for the return of the
writ and record, on pain of
tieiiig foreclosed.
112!). In default of the writ
and the record being returned
on the day fixed, the respon-
dent, upon jtrodncing the
copy served upon him, may
obtain judgment 'of nonpros
and be disciiarged from the
appeal, unless the appellant
proves diligence.
1130. Unless the court
otherwise orders, the respon-
dent may, within eight davs
next after the period allowed
for filing his appearance, set
up by motion all grounds of
exception or of'demurrer, and
all grounds of def"n;-,e result-
ing from :— 1. 1: alities
ni the issuing ry r'n'e of
tiic writ ; — 2. Jns.u'nciencv
<)f the appeal bond ;— 3. Non-
existence or forfeiture of the
right to proceed by error or
appeal ;— 4. Acquiiiscence in
the judgment; —5. The re-
nunciation of the judgment
in (lie court below.
1131. The appellant may
apply by motion for a reduc-
tion of excessive security, if
he lias been obliged to give it.
1133. If both parties seek
redress against the judgment,
their cross-proceedings in er-
ror or ill appeal mav be join-
ed.
mmm
CHAP. II, OF APPEALS KROM THE CIBCUIT COUHT.
2 appellant and
lent are both
! writ is returned
proper delay, to
ranee in the of.
l<Tk of appeals,
'^piration of the
lixt after the day
2 return of tli'i'
ord, on pain of
Sf'll.
'fault of the writ
I beiup returned
cod, the respon-
producing the
upon him, may
lent 'of nonpros
iirged from the
s the appellant
ice.
ess the court
ers, the respon-
thin (di^ht days
periud allowed
ippearaiice, set
all <>-rounds of
(demurrer, and
Mef'Mi.-e result-
L- ii alities
? 0' rice of
I. Jus.ilnciencv
)ond ;—,■{. Non-
Jrteiture of the
ed by error or
.ccpiiescence in
; — 5. The re-
the judgment
'low.
ippellant may
;)n for a reduc-
ve security, if
iged to give it.
li parties seek
the judgment,
ceedings in er-
1 may be join-
nS3. The appellant must
file his reasons of appeol or
assignment of error within
eight days after the return of
the writ and record ; he ran-
not, however, be foreclosed
from donig so until the expi-
ration of another delay of six
days, counting from the de-
mand thereof.
1134. If, however, there
are demurrers to the proceed-
uig in appeal or error, the
demand of reasons cannot be
made before the judgment
upon the demurrers.
1135. The respondent has
a like delay of eight days to'
answer the reasons of appeal '
or error ; but he cannot be
foreclosed from doing so until
after another delav of four
days from the demahfl of such
answer.
1136. The court, or a judge
in vacation, upon applica-
tion, of which the opposite
party lias had notice, may,
or good cause shown, pro- \
long the delays fixed by the '
two preceding articles.
1137. If the reasons in ap-
peal or error are not filed
within the delay prescribed,
the respondent mav demand
tbe dismissal of the appeal or
proceeding ia error, with
costs.
1138. If the respondent
fails to file his answer with-
in the delays prescribed, he
13 foreclosed from doing so
and the appellant may prol
ceed as if the respondent Wd
not appeared.
1139. The provisions con- '
cerumg election of domicile i
183
by parties and their advo-
cates and attorneys in the
su{)erior court apply also in
matters before the court of
queen's bench.
1140. Within ten days after
thehlingof the respondent's
answers, each party must
'il<' in the clerk's office a
I'l-inted factum, or ca.se, and.
in default uf his doing so. the
proceedings in appeal or error
may be declared to have been
abandoned with costs against
tlie appellant if he is in de-
i ault, or the case mav be
, lieard exparte if the respon-
I dent is in default.
I 1141. As soon as the an-
^ swers are filed, either n.vrtv
I luay, after filing his factum or
I case, inscribe the case on the
I t'oilforhearing, afterthedelay
j for hling factums has expir-
ed, upon giving the opposite
party ut least two days notice
oetore the case is called.
1141a. Every appeal froin in-
terlocutory judgment.s must
be inscribed by the clerk of
tlie court, and heard bv pri-
vilege in a summary manner,
without any reasons of ap-
peal or error or factums being
tylGd.Ui.S. ^., art. 6007).
CHAPTER II.
OK APPEAL.S FKOM THE CIIICUIT
COl'KT.
1143 An appeal lies to the
court of queens bench from
any judgment rendered by
the circuit court, in the fol-
lowing cases : — 1. When the
sum or the value of the thing
184 CODK OP IMJOCKDUKK, I'AUT II, IIOOK IV, TIT. IV.
• It'iimndcd aninuiiLs to or cx-
cetMl.s one liiiiidnMl dollais ;
I'xr'cpf, however, in suits for
tile recovery of iissessiiieuts
for schools or school-lioiises,
or f(»r monthly eontriliutioiis
for schools, juid in suits for
tile recovery of assessiiieiits
iiii|)osed for the Imildinj;' or
rejtaiiing of cluirchos. pei-
soiiajros iuid chiirch-yanls.
Cases in which the evidence
has not been taken dow n in
writinf,' en i only be apjieal-
od on pointsof law; — ■>. When
the demand is less than one
hiindreil dollars, hut rehitei-;
♦'■ t'vv< of ollice, (liities, rents,
revenues or sums of monev
payable to Her Majesty ; —
3. When the liemaiid, tliougn
less than one hiindreddollars.
relates to titles to lands or
tenements, annual rents, or
other luatfers in whicdi'lhe
rights in future of the parties
may be alfected ; — 4. In all
actions in recofrnition of hy-
pothecs. — Special provisi(jns
rejrulate appeals from judt,^-
ments rendered in the '.Mag-
dalen Islands.
lUltt. Nevertheless no per-
son, who has inscribed in re-
view before three judges, anv
cause in the circuit court
susceptible of appeal to the
court of (lueen's licuch. and
ou sucii inscription has pro-
ceeded to jiidgmeut, is en-
ll'ia. The party apjiealiiig
must, within tifieeii davsiifte'r
the rendering (;f the" judg-
ment, but without beiirg
bound to give notice, give
good and sufficient sureUes.
who must jiistily their siitli-
cieucy to the satisfaction ol
the person receiving their
security, that he will ])rose-
cute the appeal, will answei'
the coiidemiiation, ami pav
llie costs, in the event tif
I lie judgment appealed from
Iteiug continued.
lll'l. The security niav be
given either before ".a jiidnc
of the court of ([iieen's bench
or the clerk of appeals, or
else before a judge of the su-
perior court, or the clerk of
the circuit court, at the place
where the jiidgnu'iit was I'eii-
dered, and the bond remains
deposited among the records
of the court where it was
given.
114,'>. Anyone surety siii-
fices if he is the owner of
real property of the value of
titled to api)eal to the court I
of queen's bench, from tht i
judgment of the superior '
court sitting in review, if;
such judgment conlirras that '
rendered in the first instance. '
ih'.S. Q., art. G008). ;
two hundred dollars, over
and above all incumbrances
, upon the same, saving the
exci'ption contained iii arti-
cle HI.'! ; and the persons
authorized to receive the se-
curity have power to admi-
nister any oath necessary for
that ]>urpose.
1146. If, within the fifteen
days, theapjielhant files with
the clerk of either court a
declaration in writing that
he does not object to the exe-
cution of the judgment, or if
he deposits the amount there-
of in the hands of the clerk
■, TIT. IV.
pnrty jipitcnlinu-
tit'lcfii I lay Sit Iter
IK .of tilt/ JUdnr-
WitllOUl \)V\l]\r
ive noticL'. (five
flii'ifiit sm-ctii's.
■■^lily their siitli-
l" .Siitisfjictioii ot
roceivin<,' their
.1 he will prose-
'■il. will aiisuiT
llltioil, JUKJ pjiv
II the rvciit of
t appeahHl from
led.
security may lie
lu'tbre a jiidnc
• ('(pieen's iK-ni'h
of apj)ealH. or
jiidj^'e of the .•^u-
or the clerk of
urt,iit the place
l^ineiit was reii-
i' liond remains
)ng- the records
where it was
one surety siit-
tlie owner of
of the value of
dolhu's, over
i incumbrances
10, saving'' the
itained in arti-
d the i)ersoiis
receive the se-
ower to adiiii-
h accessary for
thin the fifteen
llant tiles with
^'itlier court a
writing that
iect to the exe-
udgment, or if
amount tliere-
s of the clerk
THAI'. It, OP APPEALS K
liOM TIIK nuCfiT COI
ItT.
18-
appeals or clerk of the
I'll"- circuit court
Hit court, he need only giv,. |,„und
sccuritv for th
e (
t(
moreover.
peal and whatever d
may be awarded.
o>t;-< in aj.- hiiiHl and tl
» certify, under hig
images ' cult court, and t
le seal ot the cir-
o transmit
III th(
to the clerk of appeals at 1 1
prece.line- article, the provi-
sions of article 1121 al
^«ff of the proper pbu.;.;' u!:'";ai:,
le
niv
=o an
-, , - [)eti-
"^'1 a 0(1 the record in the
p- , case with a tra
Mscript of the
IMS. The appeal isbrou<'-ht
entries contained in tl
bv a
cincllv th
petition statine- sue- ndat
J^isters of th(
e grounds of
ion to Slid
le le-
circuit court in
1 case
r,,,a,,.u,n;--Hi^i;'^„,;'rHl;;t;::r-,;l-::!:
iioen
given, ,111,1
"■■'lying for Ilea,,
ippeal iiiav |
le reversal of th,. j,n|,r„„.„,
eac
of th
aiiit
tl
le rendering of such
jiiirties ig
leaiance
judgment as ought to 1
been
rendere(
Tl
lave
lis
''oiind to fil^. ;,„ ,|pj
'" "!•' oflice of the clerk 'of
"I'l'tals : and the clerk of
ice
tion and a not
oil wlii.di it will be ju'esent- U\
peti- apj.eals is bound t
of the day such appeal
ed, must, within twentv-fi
tl
lays from the rend
'le judgment, be .serv
■ii'if? of which t
o record
uuce in the re"--
r, or the default thereof;
each case in
ve and to ent
er
till
h'> or at his doniicil
upon his attornev a./ /
I'U upon transmitted to 1
le record has be
eu
''Pl'o^>«<- party personal- appellant dne
ntn. If the
together with
or f
//rw, t
'■•^ appeal mav be i
y not appear.
a copy of the will
o liave b
leclared
jeen abandoned.
S,ri.h?'"il.'^'''*"^^''! ''y •!"' dent fails to
1 costs; and iftherespon-
clerk witi
sited
I whom it is deno-
appear, the ap-
po- pellant may proceed bv d
114{). Within the same dt
lay of twenty-five days, tl
fault
apliellant must file 1
li.'il. The apjiellant may
!>• prove due diligence on hig
tion and noti
ii-< peti- part, and if
cc and the re- the record 'and
on the dav fixed,
tiuii of service with the clerk 1
' le circuit court, together h
oftl
^vith a certificate 'ii
proceediugg
lave not Ijeen transmitted
cl
seciiritv has bee
erk of a))peals, stat
om tl,
iuff that the m
e may proceed against the
e clerk of the circuit
II given, if tide 112
t le bond be in the hand.s of
court in
inner prescribed in ar-
that ofTi
oftl
the
cer ; and the clerk tl
le circuit court must give sitliiH^
.ppcllanta certificate of to which the
ll.TS. At the first term of
e court of queen's bench,
such filing, for tl
appeal, at the jdace
of
pnrposc transmitted, after th
record has beei
','r;;f'„,.:,'T.'''T,'j."!^''". "-v: '■»«;' .1
that the appeal has been ...
stunted. The clerk of th
e ex[)ira-
, -lys from the
III- rendering of the judgment.
e or at any subsequent sittino-
e>>
;i
186
CODE OF I'noCEDURK, PART U, HOOK IV, TIT. IV.
and without .inv other for- i
"inlity that! tli,.' lilinj,' of a I
printed factum, if the court I
requires it, tli.j case is heard I
in a sunimarv manner, and I
judgment rendered therein I
as iu any other appeal.
U«3. If theaf»jtellant fails
to serve and lile his petition,
or to effectnaliv prosecute iiis
appeal, he may he declared
to have iorfeited his right of
appeal, and be condemned to
pay costs.
CHAPTER HI.
oKNEitAL rnovisio.vs.
11S4. Proceedings in ap-
peal or error may be Ijrought
by the legal representative of
a party to a suit who has
died.— Proceedings in appeal
or error, upon judgments
rendered against an unmar-
ried woman or widow who 1
lias since married, mav be
brought by her husb'and, I
jointly with her ; or, in the '
case of a judgment rendered
aguinst a i)arty represent-
ed by a tutor or curator or
other person, but who has
since attained full age or
come into the exercise of his
rights, by such party him-
selt, without the assistance
ot the tutor or curator who
represented or other person
who assisted him in the ori-
ginal suit.
1165. If one of several ap-
pellants or respondents dies
after the institution of pro-
ceedings in appeal or error,
such proceedings may be con-
tinued by and between the
, other surviving parties.
115«. Four judges of the
court of queens bencli cons-
{ titute a quorum in appeal. —
j Any lesser numberotudges
or even the clerk in the ab-
sence of all the judges, mav,
on any day in term, open arid
I adjourn the court, receive re-
turns and motions of course
t-all parties, record appear-
ances and defaults, and do
all acts which do not reciuire
the exercise of any judicial
discretion.
1157. The judges in cases
I of appeal or error may lie re-
I cused for the same causes and
in the same manner as in the
superior court.
. 1138. Any judge who sat
ill the court below at the
rendering of the final or in-
terlocutory judgment appeal-
eu from, is incompetent to sit
in appeal or error upon the
. same.
j 1139. No petition in recu-
sation is necessary if the
cause of incompetency ap-
pears on the face of the re-
j cord.
j 1160. Every leave of ab-
sence for more than two
uionths granted to any judge
of the court of queen' 8 bench
IS notified to the clerk of ap-
peals by a letter from the
i provincial secretary, which
must be deposited among the
I records of the court and en-
tered in the register thereof.
llGl When a judge of the
I ^"'^iV^ queen's bench is dis-
! quahhed or incompetent to
sit in a case, or is suspended
■nd between the
ing parties,
a- judges of the
'H s bench coiis-
uni iti a|_)peai. —
umber ot ludges,
^'lerk in the ah-
Ik' judge.s, inav,
» term, open arid
•oiut, receive re-
^tions of course,
record ap[)ear-
I'fiiults, and do
h do not re(|uin'
of any judicial
rem office, ,„■ absent from
t.cr>rovince,oron leave, tie
••lerk of appeals, when there-
f*"/'^'^^'>''--^ter, and upon
tlie order of a judjrc ..f the
court, must notUV the chie f-
J"-stK-e Of the superior coun.
"**;*• The judges of the
juponor court^viriace Iho'e
of tie court of., uoen's bench
"'""oasesofincompete cv
;<>««nn., suspension, or lean^
.absence, and upon thi
bK'fjust.n.o,' the 'superior
tb ti, !!"'"'J""""''"^- ^^'ifJ'
couH -J'"^^'"' of the said
couit, jt isarrangfd between
hen. which of 'them .,
YJ'jalvw'Ilreplaceanvpa-,
que us iH-ncb who is un-
able to sit m the case.— The
oregomg provisions, as well
ut,appl. likewise m the case
ncation or incomi)eteiicv of
replace another.
ll«3. The return of the
.o'fofr'^'^^'^' *''^' ^^l>''' ■
^<^ioflusleave, orhisceas-l
'"g to be mconiiietent do
J»dge appointed to replace^
^l^?,"l,t^k^" judicial'
CHAP, in, GK.NKIUL i'UOVISIOX.S.
18^
cognizance, nor are thevaf.
IiucTi^■l^*''^''J''^'"t'"^
JJ l,fV'/ the court ofqueen's
bench who w-ould not be in-
'-OQil»etent in the case
vJ^^*' ^c^"«^''tbeless, if the
"^Plac.ngjudge has not heard
judge thus replaced may take I
I cognizance of the case and
'•^'"d^"'j"dgment therein "'^
ll*io. If the record in the
case IS incomplete, either bv
reason of the absence of un^
•J«'cumenf, or of the inobs.rv-
uiice of any important forma-
I'fes, the court of appeals
SeV?"". "'^' ■^•'SA'estlcln of
tither party, order the court
below to perfect the record
beformofawrit issuin.'
I " .''enameofthesoverei.nr
';!;,t7'^'^,'^ to the judges of ulli
i o'Tt below commandino-
t emt^,, ,,^^.^^^^, .
: ;i' d to make a duly certified
i 'eturn thereof.
IIGG Interventions may
lliV;r;.'"'''I'f'^''^'"''t''tbe
m' V n ^''*-\,^'o'u-t, and so
u.i "."O other incidental
l)ioceeding3,suchaspetition3
, tor continuance, disilvowals
changes of attorney, and ifc
I)roceedings,accoriingo he
■ bmnalities prescribed l.y the
I 1167. Discontinuance inan-
I Pe'-vl ,s affected in the same
: '"aimer and under the same
conations as in the su^^Z^
nC8. The provisions con-
cerning peren.ption of suits in
i to appeals. Peremptions of
I appeas or of proceedings in
,e or has the effect of reader.
frik'fSnai"'^"""^ ^PP^''^'^^
tn\!f'*''^''''^P''.'ties are bound
to be present in court to be
eai-d upon the appeal afte?
Jy;fj^^->^'"«""t.onedin arti-
16
188 roDE OK rnorEiu-HE, part ii, hook rv, tit. ,v.
tlTO. Judgment cannot he ' for iHlvisomont ronniros ♦« i
!"
!i S
nf fl^. . . *" t''? ^Jf-'-k : been rendered in the ordina-
of tljc court, contaminpr his, ry course,
decision and s krned bv liim ' ii*. v.. ■ i
i«,'' -J . , J""*' snail l>e oil n K; 1 it is founiipri >vl ii
flf^lf.^."^' J"''e">™» i Hnd , concurred there ",„m1 of
Md S:."d"l,v' '.™"f'»i"f'l Jbose ,vI,o dis.e ed icr°!
o 1 ro?,';?™^ "• ^'^ '™ ■•" ' /••"■ ri^r- "- '--■'
0- .u^°o^tffeat,'f^.i;';'s i ^!;'r.o"ri^r ;°ji;:
orAP. rv, or a.-pkals to hkh majkstv.
lent rpquircs to W-.
, such (liflcliargf
lered by tlio otlur
V anyone of thorn.
P court inny ad-
V day ill vaciitioii,
from day to dav,
|)08c of renderin''
hut such revision cannot pre-
vent or stay execution, and
the decision of the jud.'.. in
that bfhalt ims the san7e ef.
fi'ct its a judj,'ineiit vi the
cuiirt.
IKG. Judgments on an-
I'cal or error are executed
hothtor principal and cosm
\y the court below, and for
that purpose, the record i.s
?i'iit hack to it, unless a fur-
ther appeal to a higher court
La.i been moved for.
1177. The court ditting in
appeal or error may exercise
all the powers necessary for
?uch jurisdiction and iuake
sucli order as it may docm
proper for the purpose of re-
wedving any insufficiencies
of the record; of staying pro-
feedings in the court below
111 cases from which appeal
or error has been brought-
of regulating the putting in
ot; renewal of security : "ind
ot. providing for all eases in
wnich the law affords the
party no special remedy.—
buch court may also make
such rules of practice as may
be necessary, for governing
tlio proceedings in all cases
brought before it, provided
such rules be not contrary to
any existing law.-U may
also make and establish tariflfi I
or tees tor the counsel, advo- |
oatesand attorneyspractisino- '
baUiffs/'' ""^ "^^" ^''^^ '''
Idd
OIIAPTKR rv.
0»' AI'I'EALH TO HKR Ma./ksTY,
\r.!iV.^" t^'V''"^^-'' ''*•=* to Her
I ■M.ije.-ty IN her privy council
"""""•'lji"lKment.s render.
,^'1 "1 appeal or error bv the
; court of queen's bench f-- 1
i " ;'llV<'^^'3 "iierethe mat'
tei in depute relates to any
J'tM.folhce, d.ity, rents, re-
venue or any sum of money
pa.V-»ble to her majesty ;_2
lu eases concerning titles to
'tn.L. or tenements, annual
'•Its and other matters by
"inch the rights in future of
I»arties may be affected •-?..
Ill all other cases wherein
the matter in disi)ute exceeds
the sum or value of five hun-
'Ired pounds sterling.
Il78rt. Causes adjiidicated
;>'pon m review, which are
i susceptible of appeal to Her
'■^lajesty m her priw coun-
j eil, but the appeal whereof
to the court of queen's
I bench is taken away by arti-
icles 1115« and 114!ia: may
nevertheless be appealed to
! iter Majesty by observing the
'Same torm-. -'^s and pTovi-
sionsandH o,ect to the same
conditions, a.s in the case of
judgments rendered by the
court of queen's bench (an-
i peal side), and with the
{ same effect, as if every pro-
vision ot law, in relation to
appeals to Her Majesty from
I judgments of tiie court of
iciueeirs bench, was enacted
m this article with respect
I to the superior court sitting-
la review, its judges, its offi-
•yrr
190
CODK OF PROCEr.URE, PAUT 11, ROOK ,V, TIT. ,v,
I !'. :
{R 5. (^
cers or their office
art. GOOD).
1171». Nevertheless, the
execution of a ju.ijrmVnt of
the court of (,,H.er.'fl bench
cannot he prevented or stav.
<^H unless the party ao-rjricv.
ed gives frood and sufticient
sureties, within the delay
•n I'-^' ^''^ ^■<'"'•^ <'iat h'e
Will effectually prosecute the
appeal, satisfy the condem-
riation and pay sueh costs
aud damages as may he
awarded by Her Maj,.sty, in
the event of the judgment
being con firmed. -The secu-
rity must he received before
one of the judges of the oourt'
«5^M"(?9n's bench. — The su- !
reties justify their solvency
upon tho real estate which is
described in the bail bond.
-Oneaurety suffices, if he is
the owner of real estate
which he describes, providcMj
that the value of such real
estat^ IS equal to the amount
ot the security, over and
above all charges and hypo-
thecs.-The judge who re-
ceives such security may
order, either on demand ?r
otherwise, the production
of the registrar -s certificate,
SjJ^^'Jft.on rolls and any
other documents for the
purposes of the security, and
bound to put such ques-
tions as he deems advisable
to the .sureties, and such ques-
tions and the answers tfiere-
to may be taken down in
writing.-The party appel-
lant may, however eT^mrt
himself from furnishing sJl
security, by depositing an
amount equal to that requir-
ed for the security, either
Ml money, in bonds of the
I>oniiiiion or of this Pro-
I vince. or in municipal de-
bentures ; and such moneys.
'H)nds or debentures are de-
{ posited either with the clerk
of the court of queens bench
:;r with tlie sheriff, as the
S)'. '"'''^' '^''''^- ^^''•' «'•'•
1180. The aj.pellant may
alao consent to the jud-'ment
being e.vecuted, and i,rsuch
case may giye security only
or the costs in apj.eai; under
tne same conditions as under
article 1124.
! 1181. The execution of any
judgment of the court oY
qiioen^s bench cannot be pre-
: vented or stayed after six
months from the day on
'V"^h the appeal was allow-
ed unless tne apnellant files
in the office of the clerk of
appeals a certificate, signed
by theclerkofller.Iajesty's
privy council, or any other
,^"^l"^/,^»t officer, andstating
that the appeal has been
lodged within such delay,
and that proceedings have
been had therein.
"83. The clerk of appeals
ofthe court of queen's bench
IS bound to register any ex-
emphfication of a decree of
Her Majesty in her privy
council, as soon as it is pre-
sented to him for that pur-
IrT' 'V! '°"* requiring any
order of the court ofqueen'i
beucii to that effect, and to
send back the record in the
case to the court below, to-
*l*<i'.i>a^;;SS5
'V, TIT. IV.
al to thnt roqijir-
sc'curitv, cither
in horuls of thr-
"r of this Pro-
n miiiiicif»al dc-
'I'i siirh nionoyg,
)Oiiturcs lire ilv-
T with the clerk
oi fiiieeriH hen eh
J^'i'Ti/r. as the
rfi't'ct. (/,/., art.
ap
CHAP. I, C0MMIHHI0.\ER8'
apiM'ii.'uit
to the iiKio-i
may
J'l'lK'nent
P<1, iiml in sucli
c security only
M appeal,' undeV
Jitions as under
xeoution of any
the court of
cannot he prc-
lyed after six
the (lay on
eal was allow-
appellant files
•( the clerk of
tificate, signed
'Her ./fajesty's
or any other
er, and stating
?al has been
such delay,
eedings have
in.
?rk of appeals
queen's bench
:i3ter any ex-
i' a decree of
D her privy
1 as it is pre-
fer that pur-
equiring any
ft of queen's
Jll'ect, and to
■ecord in the
It below, to-
S,;nS^.r°K,:iI ';:'!;:;;-
COfRT, ETC.
191
•as tioned
rcKifltored as above men-
INFERIOR Jr-RrSDlCTJONS.
CHAPTER r.
COMMISSIO.VKRS' roVUT KOU
THE SL-MMARY TRIAL OF
SMAI.I, (.'Ar.SKg.
It83. The commissioners
cannot sit an.l hold t ei?
court .separately and at 1 1 e
samet.niein t)ie same loc!
iitj- 1 he court may be hehl
bj one commissioner, an
several or all the commssh"
ers may likewise sit togXr
-They must decide .rccoiX
cience, and to the best of
tbe.abUity and judgment.'
have for V .^«°^raissioners
y the,,, sittings, and for
forcing the execution of i
their warrants, orders and '
juclgments, the' same /owe",'
Clnada.''''^""'^^^^^^--
for"^)!;'^^*'-^'"^^'^^ recused
or the same reasons as
judges of other courts.
be^i!f tr.v''' '■'^cusation must I
'je in \vriting.
1187. If all the comrais-
.ioners are recused by either
?t the parties, the case is
immediately tVansmitTed to
lae nearest commissioners'
court which decides upon
tlie validity of the recusatiW
and afterwards hears a,i<Ue:
tmnines the merits of the
^■ase, in the event only of the
recusanon being niaintained'
«<it It the recusation is
overruled, the case is sent
^Hck to the founer cour
<-»ct to the mer ts. tax the
;;ostofsuchrecusationagain8?
tJie narty who made it.^
1188. The commis'-'onerfs'
cotirt^ exercises an ultimate
; unsdict.o,, i„ «„ ,„it^ 7J^
i^ personal or relating to
t moveable property. 4,:',°
arise from contVactsormasi
contracts, and whe?d X
sum or value demanded does
not exceed twenty-five do]!
I fdf!..''''1 S''«'«antre.
! sides :-i. In the locality of
he court;-2. In another K
ity, but in the same district
and within a distance of five
I leagues, if the debt has been
oontracted in the locality fo^
which thecourtis established-
, --•*• in a neighboring loca-
lity m which there are „o
I comm,ssioners, or in which
the commissioners cannot sU
by reason of illness, absence
or other inability to' act, proi
HI-
\'.' \
192
CODE OP PUOCEDURE, PART 11, BOOK V, TIT. IV
tni.po nnt iv. , r''^" » ais- commi38ioner.s, authorizincr
sZ'.lasuch^^^^^^^ lea- such execution witl.i, ?,^
Ifiveis aud St H uM-nf . v' ^^^ ^^arjantO-Every warrant
there ue Of rorr.nr.\' '^ "^ simple attaclimont in re-
j iSi ctio, to tnlp* '^^^^'"F ! vendicHtion, attachment for
(A'. S. Q., art. GOll)
, iiiuicnmeni ny gi
nient or seizure l)y garnish-
ment, must be made return-
iifio ff i.„ , ■ ■'■ ,. . "n'lii, must oe made return-
ia'sSfts ^'orVi;x"'?r f'^ "", '' '''- "1"'^;^' ^-"•''"
inff to civiUfa ,i"' 1 '«^t.| with a certificate ofthe pro-
o^e^r^^^T^Ci^'^' i thr'r^'^ ""^^ ^" ^"^'^''/^•^
penaea • nor n a ,i J^f w *'AV '''^>' ^^ named. — Such
lecoverVofVnVfnl ' ^'^ "^^y ^'^ i-^coived
tyTS^ er ^ ''"' '"'1'"'"^- I ^l^^'^' ''>• «ne of the coramis-
noo; It has jurisdiction in | "oim" "' '^' ^'^ ^'"'^ "^^^ ^'^^
Ssments nor^^'^'^V "H "»«"■ ^" ^^^^ ^^^^e of at-
tw^iH rV]outs'i;;:"^i'5 ,^^^^ /y garnishment
tor the build nff of chZr^ ^'^f*^'.\o'' after judgment, the
T)arsona.rp „n/,.K ..":' "'^'??'' g'^i-nisheo A>-.thin three days
parsonages and church yards
,^»l^^'- '.^ ™'*y '" matters
withmitsjurisdiction, grant-
—attachments for rent :— at.
taci.mentsin revendication
-attachments by garnish
garnishee T\ithin three days
after the writ of seizure has
been served upon him, may
make his declaration under
oath before the clerk of the
circuit court, nearest to the
place where the writ was
established by t le affi lavit nf ? ■ '''V^^' *"^ mustafter
the Dlnintift'*^n, /. • '* "^ leaving drawn up, and receiv-
noe (Ti,,w,,. ^- " -- ,. I "t?^"^- "J« cause IS pendine-.
derot'one of the
er.s, authorizing
lion witliip the
re it rcijuircs to
iseiidui'sed upon
]-Evc'rv Avarrant
tacliment in r--
attaclimont for
nuiit by giunish-
;ure hy garnish-
be made ivturn-
)■ named, within
and the rt'tiirn
icate of the pro-
st be made on
named. — Such
y be received
of the commis-
the clerk of the
; and
such
declaration as required
on the j)ayment of
fee, he prepares a receipt
T ^'^'^^ ^9 forwards, with t/ie
declaration of the garnishee
iiJ>ac. Such mm of one
dollar ,s taxed by the com-
niisMoners or by their ckrlv
as an integral part of the
co^tso suit; and the receipt,
given therefor and forwarde,
the clerk of the cotrimis- 1
sioners court, is equivalent I
toajudgraentof such conr '
m favor of the garnisliee
against the plaintiff in ,be
suit and maybe executed bv
seizure, after the same delay
^nd in the same manner as
i\}^^^ i^».y niiiior above
the age offourt^en years may
bnnga suit before a commis-
3ionerB' court for the recov- I
eryofwages or salary, in the i
same manner as if he was of
age. '
n.""*' T*'eaelayuponordi-|
S ,?""n^ons must be at
least three clear days when I
defendant does not iSe
more than two leagues from
«ie place to which he is sum-
moned, with the usual addi-
tion of delay, when the dis-
tance exceeds two leagues,
according to article 75.-But
V}^ ^.T'"°"^ ^^ Hccompa- 1
nied with an attachment, the
delay must be at least fifteen '
^ays and not more than forty I
1196. The writ of summons
commands the defendant ?o
J)ay the plaintiff the amount |
CHAP. I, COMMISS.OVER'S COUnT, ETC.
193
dmanded or to appear before
■ man r'f /' """"''V'' ^"^^^ de-
,raand^-Itmustalso contain:
I I fie names, surname, resi-
I l^f "^« «"d occupation l^th
l7endaVt "'^"'^"'^"*■<^«^^^-
'm?nt^f^^^'"°"°^'■y«tate.
Tnn .u'^'"''''^'' oftheac-
lion ,-.the day on which the
defendant must appear;-
!'« date of the wit;- ho
|«!^^nature of the comm!^!
! 119G. Ordinary writs of
summons m.-n- bc< served by
court or by any sergeant of
militia residing in the local-
1197. If the summons is
accompanied with an attach-
jmentit can only be served
' hy a bailiff. a^rvea
«,/|**^", Either party may
: evoke the case to the cir-
icia. coupt in the district
when the contestation rela-
tes -to any title to immove- ■
S'^i'^^Pe'-ty ; - to any fee
of ofhce, or to any sum of
money due to the Cfrown _
o annual rent, payment or
other matter by whfchrighta
in future might be bound
1199 The improbation of
any act or document produc-
ed before the court has the
effect of an evocation to the
circuit court.
t.A**^" ^^-^^'^ ^^^'^s of the
trvo prccediug articles, the
commissioner, or one of the
commissioners, or the clerk,
must, within fifteen days
transmit the record to the
circuit court together with a
194 CODE OF PKOCEDUHE, PART 11, BOOK V,
TIT. IV
certified transcript of the
entries in the register con-
cerning tlie same. — lYc'ver-
tlieless, in the caae of inipro-
batioii, tile record cannot he
trunsiiiitteii, unless the party
alleging the falsity gives
sufficient security for the
costs to l)e incurred upon
such iniprohntion.
1201. In default of such
security heing given within
the delay fixed l)y the court,
the party forfeits his right.'^
of evocation, and the coni-
miesioii rs' court niav pro-
ceed to hoar and determine
the case without regard to
the improbation.
iao3. If the evocation is
allowed, the case is heard
and determined bv the court
to which it is evoked as if it
had originated therein.
lao:?. No person can act
as attorney of either of the
parties before a commission-
ers' court, except he is an
advocate or attorney at law
or the holder of a special
power of attorney, or unless
It is in the presence and with
the consent of the party.
Bailiffs and sergeants of milil
tia can in no case act as at-
torneys.
iao4. Any person, other
than an advocate or attorney
at law, Avho acts for one of
the parties must do so gra-
tuit usly ; and if such person
for so acting receives, either
directly or indirectly, any
fee, emolument or remunera-
tion whatever, he is deemed
to have received the same
under false pretences and
may be punished accordinglv
luid is, moreover, disqualified
from ever acting as attor-
ney before a commissioneis'
court.
lao.".. No clerk of such
court can act as the attorney
of either of the parties.
l-^'OO. If the defendant has
been served personaily and
makes default, or if he ccjii-
fesses judgment, or if the par-
ties agree to it, the case mav
l)e heard (ui the day of the
I'etiirii and judgment' may be
rendered.— Ill any other 'case
the suit must lie postponed
to a sul»se(iiient day for trial.
iao7. J{y consent of the
parties the case may be re-
ferred to the decision of three
arbitrators, one of whom i<-
named by each party and the
third by the court. — The
court may also, in its discre-
tion, order such refer'?nce.—
Thearbitra tors, before acting,
must be sworn before one of
the commissioners or before
a justice of the peace, to fulfil
their duty faithfully and im-
partially. — Thev may hear
the parties and their witnes-
ses, who must be sworn be-
fore a coniiuissioner or before
a justice of the peace. — The
decision of two of the arbi-
trators is final, and must be
homologated and executed
accordingly.
_iao8. The cases are heard,
tried and determined in a
summary manner, without
any written pleading being
necessary.
1209. Oral testimonv is
admitted in all cases, and one
CHAP, t (A), OK TUK n.STIUCT MA.nsTaATK\s COCUT.
Witness, oven if iolate<l. i.s
.siiffieieiit.~Bi,t the hniliffor
s.'rgeaiit who served tht-writ
of siininions cannot he wit-
ness for the party who ,-,„-
I'loye.i liini. except as regards
the service itself.
l«lo. Cpun the application
of either of the parties, the
court may c.inpcd aiiv i.er-
sonresidiiifr within it.i juris-
diction to attend as a wit- i
ness II, any ease, under a
penalty of not less than one
' o ar, nor more than four
•loHars, for every ilefault to
attenii as coniniaiided |
demn'iiilMlcs c.;sf; ,;::^::;;;''r'^ •'^■"-7"' -"y othe;
to the .-ostsof suit of' ,• : ' ;'''''.'^''''^ tl-an those men-
testation.and of arhit.'.ti;;;; !l.'^''';'' '" '"'"' "'"nher r.(] in
— iiiit if the amount of the
JiHigment does not exceed
two dollars, the court may
reduce the costs to the same
amount as that for which
judgment is rendered.
1212. If the del, tor fails to
195
i-anf of execution must be
'>.iade returnable and be re-
: tinned like the other war-
jants mentione.l in article
I3i:{. No opi.ositioii to the
: ^Hle of moveables und,.,- sei-
ziir.. ean stay proc.-edings.
"'.'I^'ssitis allowed by a com^
nnssioner and accompaMie.l
\vitl, an order to that ellect
liU. Opnositious thus al-
lowed are heard and deter-
"""^'d in the sam,. manner
"■-^ other cases before the
court.
l:il5. The clerk, and the
'•iiiliKs or sergeants of militia
, "" >" "iimoer >,){}
^ the appendix to this code.
I CHAPTER I (.V).
OKTIlKDiSTIilcr MA({I8TUATE8'
COCUT.
Mitisfy theanioiint oflhecon-
[lemnation against him with-
"' i-'git days, he may bo
compelled to do so by the
seizure and sale of such soi-
Mljle nn.veabl.-s as he may
ave withui the district ii,
"tiich the court was held —
«c IS liable to the costs 'of
I ULv/. Ih' magistrates'
^.•I'l't has ultimate civil juriH.
diction to hear, try and de-
ermine:-!. All suits, whet-
i«'i- personal or real, wherein
the sum or value demanded
< <'cs not exceed ninety-nine
'I'.'llarsin the county of Gas-
|Hj. including the .\Iagdalen
l.-laod, and also in the county
3'!ch execution to the mo^in of s l. ' '^'^^ V^^ ^'onnty
of one dollar and h if !^ f ? 'f"''!"'>' ^^"^ ^'''-^t part of
tlic sale does n a ;i~'* }, '-X'';i''''V^' ^^ "^^' ^"'^^t as
I'o is not bound ^, t v'^ !' S . '^.^ !<: •^•^r^^>' I^l'i'"!. and
"snot bound to paymon
than stn-enty-fiv,. cents ot
costs.-These costs do not in
any case comprises the ex-
pense of feeding cattle, if any
have been seized.— The war-
lit} dollars in the rest of the
rrovince:_2. All snits for
tlie recovery of school rates,
ta.xes, assessments, penalties,
damages, or sums of nioner
whatever, due or payable iii
17
190
CODK OK PHOCKDUHK, l-A.iT I,, HOOkIx, TIT. ,v.
virtue of any special inuiii.M-
pill /Iff, of iiicoi'iionition, or
Ml virdio of any bv-l.-iws or
n'^nil.-itioMs iiuKic Imdcr the
aiitliunty ofsiicli acts, or uii-
ai'r_ t lie laws repc'ct ill ujibiHcs
Pl't'jii.iicijil to a.unctiltiire ;—
■''• Ml .suits tor the recovery
of penalties ineiirred, and of
siinis due to fli(> treasnrv of
this Trovince under the li-
cense la\v.~I,i ail siieli suits
however the defendant must
reside within the ct.iintv for
Avhu'li the court is held, oi
the deht must have been con-
tracted therein jiiid the de-
iendaiit be resident in the
l^rovince. (/,'. .v. o art
tlOlM). .ail.
l-iir,/>. When the imiount
<>t rent claimed oitlie amount
ut daiiia^es allc,<;-ed does not
exceed fifty dollars, the ma-
/iistiaies court has jurisdic-
tion in actions to annul or to
I'csciiida lease, or to recover
ilama-es resulting from the
contravention of any of the
sti])nlatious of the lease, or
the non-fuKilment of any of
tiH> oi)lijrations which the
law attaches to it. or which
result from the relation of,
lessor and lessee. —All ii-o- !
cecdin,i>siiiandthe i)roofand '
hearing of such actions take i
place ill a siimmarv mannci
and on any juridical (lav fixed
or not as one of the diiys on
which the court can sit. (Id.).
iJJl.y. The provisions of
the third book of this Code,
"pply in like manner to the I
district magistrates' court'
and to the magistrate hold- '
ing the same, and the officers
thereof, except in so far as
«ucfi i.ro visions are incori-
.«istentwith the provisions of
this chapter, or are such as
ean only apply to the siipc-
'■")r court or to appealalde
cases in the circuit court, as
If the words ' .•irciiit court''
or judge' meantandinclud-
e<l respectively the wonls
magistrates" court' or ' dis-
trict magistrate.' (A/.).
liir,(l Arfiides 1IH4.1IO0
l}^>him, (except the 'part
thereof contained within brac-
kets), llii-., liiu. 1195 ,_
••ept the words ' the sirrna-
tare of the commissioner''' in
the three last mentioned' ar-
tides,) ]][IG, ll!»7. 1203, 1"04
|20r,, I20(J, ]207,1208, IL'OO'
1210, 1211, tlie fiist and iti
paragraphs of article 121'>
and articles 1213 and V>l.l
apply to every magistrat'es'
court in the same manner as
If the \yords 'commissioners'
court, ' ' commissioner ' or
. f\'"ini'ssioners, ' meant and
included respectively the
words 'magistrates' court'
or 'district magistrate.' (/,/)
l?Jl.'>'?. All writs issuino-
from the court are signed by
the district magistrate or bV
thc clerk of the court ; and
all certihcates or copies of
proceedings of the court sio-n-
ed by the clerk are ^^rnmf
Incie evidence of their con-
tents, (/c/.).
1315/. The proceed in (^3
mentioned in article llOi
"•hen issued from the mao'is-
trates' court, may be execlit-
ed anywhere within this
t rovince ; but in the case of
TIT. IV.
5t in so far as
5ns are incon-
'k' proviHionsof
<)!' .'ire such ag
ly to the siipc-
to appealahle
rciiit court, as
' <'ii('nit Court '
autaud iiicluU-
ly the words
court' or ' dis-
e.' (A/.).
•los 11S4, 1190,
;ccpt the i)art
cd wit hill hrar-
•>-h 1195, (ex-
s ' the signn-
miissioner,' in
:iK'ntif)iied ar-
•»7, 1203,1204,
)7, 1208, 1200.
first and la.-l
i'l'ticJe 1212,
n?, and 1214
niagistratcs'
iif' JTianner as
'iinnissioners'
lis.^ioner ' or
', ' meant and
'ctively the
rates' court '
strate.' (/,/.).
^'lit-S issuino-
re sio-ned by
:istrate or bV
court ; and
or copies of
le court sign-
^ are prima
f tlieir con-
proceedings
irficle lir>i,
1 the niagis-
y bo execut-
^vithin this
^ the case of
CHAP. 11, OK JITSTICK OK TFIK PKA
t'K, ETC
attachments 1
197
^"'^:^:'i?'^'zs!z :s,i" '!iv'^t --"Wo
ment, the garnisi
within tl
loe nuiy
prop.u-ty and idlVftH, 1
eutfd upon the iiu
VIC
^iree dav.s oftheser- of the debt
e of tlic writ upon 1
or.
-Th
»e exe-
nioveables
make his (h'obirat
iini. addressed to the sheriff of ti
iiefore tl
H.' clerk of tl
ion on oath district in whi(di ' tl
t' writ is
le
10 ini-
circiut court, who has pow
H' nearest luov.-ables are situated! and
to adni
mister su(di oath and
or IS retUMial)li' before th
o receive fi
is entitled t
s'lrh garnishee the. sum oi
doll
ration
e supc-
i'lor court of such district
ar for taking such decla-
>iii there to be proceeded upon
one in the same manner as like
H- writs issi
same forthwith 1
<■ iniist transmit the court. (f<n
ling from the circuit
y po<t, ill a
registered letter to the , 1
of t lie magistrate.-
which the
issued, togetl
in,
cr,
trat(
court from cost
writofatiachinent lieutonant-
f'oifit for the saiil
lollar. (A/.).
I'-n.-.y. TIh
lor with his i
'tj. The district magis-
s" court niav grant such
"le
■governor in eoun-
Hiim of one such fee.s .as
il. and in default thereof
ire allowed by
said sum ofone in siinil
the tariff of the circuit court
dollar IS taxed bv the district
-" igistrate or the clerk of the
:u- matters. (/,/.).
m
court, as forming part of tl
costs of the suit : and the re-
ipt of the (dork of the cir-
cuit court for th
e said s
um.
CHAPTER II.
OF JUSTICK.SOK TUKI'KACK
OTIIKR I.M.'i:iU0K CIVIL
AND
transmitted to the clerk of I
the magistrates' court, stands ^
as a judgment of the said h.
court 111 favor of the garnishee ta
agar ' '
.niUSDICTIONS.
exe-
against the party sei
and may be enforced bv
cution after the
and in the same
any other judgment "of' the
court. (/,/.).
s or
'ore
l-Jin. .rustices of the peace
ave also jurisdiction in cer-
as
taxes,
ill civil ni.atters, sucdi
zing, the recoverv of .'=chool
same delay
manner a's
1315/^ Xo proceeding..
suits, in civil matters bef(
any such district magistrate,
or before a magistrates' court,
can be removed to aiiv other
of assessments for the buildl-
nig or repairing of churches,
parsonages or church-vards,
amages caused bv an'imals
and other matt
ri or other- I oth
court, by cert tor a
wise. {Id.).
Viioi. .Judgments rendered
oy the magistrates' court f
sums exceeding forty doll
rs relating to
agriculture, disputes bet
master;
and
the country parts
wages, clai
m.-
ween
servants in
seamen 's
pawners
f)f
lo-a-nst ].aw!ibrokers, and
or matters.
131T. In certain cities th(
or
ars I (
recorder's court hag al
so ju-
risdiction for the recovery of
-•ertain municipal claims.and
! I
198
CODK OK PUOCEDUUE. PART I,, BOOK V. r,T. ,V.
in matters Of dispute between
essoPH and le.se'es, ami ,uas"
ler and servant
lai8. TJ,e Trinity flonse
^Iso exereises a civil j s
diction u. matters oonner?
^d With the shores of the
nver bt. Lawrence and of
the rivers flowing into it
and also with rej,4d tiMu'
j;;f^^^^'"'J"iden,nitie3dueto
.181». The extent of the in-
nsdiotion of these s edal
courts and the mannlr o f
lire
^„ ,."""'' "-"^ ni.innei
proceeding before tlieni
regulated by the statute^
;vlHch create- them or ,.ci^ '
to them, and in certain e-
ar^^/^'-MK-acticetherei^.
CHAPTER in.
RE.VfKOIES AOAIXST THK Pao-
CKEi)I.\(iS AND JL-I)(;.vrK.\TS
01'' THK ABOVK MKN-
TIOXEI) COnO'S. !
1330. In all cases where
no appeal ig gj^^en from the
interior courts above men-
tioned the case may be evok-
ed before judirment, or the
judgment may be revised, by
means ofawnt of r.mo;4
unless this remedy is also
taken awav by law
1331. The remedy lies
nevertheless, only in the iht
Jowmg cases: - i. When
there is want or excess nf
.jurisdiction ; - 2. When'the
regulations upon which a
complaint is brought, or the
Sf™«i?t'-<^uderedarenuIlor
of no effect J- 2. When the
proceedings contain erogs
rregnlanties an.l there '
cason to believe that justice
lias jiot been or will ^ot be
1333. The writ of certio-
rari can only be granted un-
on motion, supported bv an
affidavit of the facts and ch-
ciimstancesofthecase.
tlmo'*''*".'^,''™^''°"^"oticeof
nmc and place at which the
;;otion will be presented
must be served upon the
A nct,o„ary seized of the case'
01 ^^ho rendered the judg-
ment, and a return of^such
se viee is made as in any
other case. -^
1334. The service of such
, notice has the effect of s.s
I ponding all proceedings in
i the court below. ^
,.,.<^***!" 7^^^ motion must be
presented to the superior
court or the circuit CO rt o
, to a judge. The opposite par-
ity IS entitled to Appear Kd
,^;i'^l",V°P''':'^'"t the grant-
areln tl '''^^ ""^ certiorari
e';"t\^»'^nic of the sover-
eign , tl.ey are sealed with
the seal of the court -^n i
clothed with the oU r fy^
;;!=\l'tie.^ required for otliei'
« iits,and command the func-
tionary to whom thev "iv
addressed to certify" and
ay"al75', ^"'*'^^'^ ^ ^'^^^ de-
wl^t'i, ^ P'^P^^"* connected
\vith the case, by whatever
flfi"'-' i^'"'. P''^^t'«s may be
therein designated.
1337. Mention must he
made on the back ofTeVS
'"''''^^'^^^-^'-^^^^o.r.,rru.rnoc,r.nso.,,rc.
timt it lias issued by order of
tlie court. '
1338. The writ is served '
'.pon and left M-ith thefunc '
tionarv to whom it is d-
-rc^^ed.andifitisaddiJs ;,
t a co.urt compose.I of sev-
^•' 1 functionaries, it ig iVft
^vith one of then.' and si ch
^^ernce suspends all proceed-
H'g^before them under pi
ofbemg liable for contemn
court.-ThereturnofsK
.sernce is made upon a cer - '
tifiodconvofthewrit. j
nu AM It 13 addressed are'
''ound to complvwithit hvl
annexing to it ail tie paA^V
jemanded and cert^?; ng
;l-;_.eturn on the bai o?
Plfwitl/^t/'^'-^' ftil to com-
m ^\ith the wr t tliev ti-p
^ablo to coercive impison-
"i';;^' '» t''^ ordinary man-
hafn^nt'o^/*^^ opi.osite party
filed an '^r'''^^''''^PI''''^'-^d^
njeu an appearance in the or
dinary form, he mav do 4
immediately after ?he writ
199
fi regularly returned • and
tliereupon the case mav be
nscnbed on the n>I] ^^ ,1
m; party, te he heard i,^ the
ordinary manner.
J333. All interlocutory n.-
fi'.'" .judgments unon w,it
of ccrtioniri are c rawn m
; «'ui served in the same m-in
' "^;;^'" -linaiy sidS."'""
1-j.j. ifie court, in lenrl
"mg jmlg,„e,„ „„„,":
1334. .Voa|)|)Cal lies from
cout, has no control.
200
COIJE OK PROCEDUHK, PAKT 111, iiOOK V. TIT. I.
PART THIRD.
NON-COI»JTENTIOUS PROCEEDINGS.
TITLI'] I.
or Kt:oi»Ti:ies am> tiikir aithknticatiox.
CHAPTER r.
01' ItKfilSTKHS OK nvij. HTATrS.
1330. All rofristors iiitciiil-
ed to rccortl l)irtlis, marrlaf,'0!^
and deaths, or reliucious pro-
fessiou, must Ijcfore \mii<y
used, be numbered upon the
first and every sulisequeiit
leaf, with the number ofsuch
leaf written in words, at full
length, and be sealed with
the seal of the superior court,
or the seal of the circuit
court, by ailixing the same
upon the two extremities of
a ribbon, or other such fast-
ening, passing through all
the leaves of such registers
and secured inside of the
cover thereof ; and upon the
first leaf must be written an
attestation under the signa-
ture of a judge or the protho-
notary of the superior court
of the district, or of the clerk
of the circuit court of the
county which comprises the
roman catholic parish church,
private chapel or mission'.
the jirotestant church, or re-
ligious congregation or so-
ciety authorized to keep such
registers, and for which thev
are to iserve, and to whici
j they belong, specifying the
number of leaves contained
I in the register, the purpose
tor which it is intended, and
the date of such attestation.
— Such certificate cannot,
however, be given until the
tormalities proscril)cd by spe-
cial acts with regarcl to cer-
tain religious congregations
have been fulfilled. (Jt S ()
art. t;014). ^''
1337. The duplicate regis-
ter which is to remain in the
hands of the priest, minister,
or person doing the parochial
or clerical duty of each ro-
man catholic parish church,
protestant, or religious con-
gregation, must be bound in
i a substantial and durable
' manner. — A copy of the titir
i."Of Acts of Civil Status."
in the Civil Code, and of the
first, second and third chap-
ters of the title '-Of Marriage'
in the same code, must°be
attached to such duplicate.
lass. Cures, churchward-
ens or fabriques, and other
such administrators, in places
where baptisms, marria'^e-
and deaths have taken place,
and also the superior of com-
munities in which vows of
religious profession have been
CdAP. I, OK REfilSTEnS OF ClVlf, STATrs.
NTICATION.
s, and other
iiiuilc. arc lespt'Ctivoly bound
to hillil tli(! rt'ciuiriTucnts of
tlio Inws with re^^iiid to the
regi.-tcTS of acts of civil sta-
tus, and may i)o conipcljed
to do so by such means and
niiiU'v such pains, penalties
ordaiuuges as thebiw allows.
123J). Any person who
ilcsii'cs to havo any re^nster
rectified must present t'lj the
court a petition for that pur-
pose, stating the error or
omission of which he com-
plains, and praying that the
register may be rectified
accordingly. — The petition
must be served upon the de-
positary of such register.
1340. The court may also
order any person to be called
ni w hom it deems interested
in tlie_ applic'ition. — Such
person is thereupon summon-
ed in the ordinary manner.
1341. Any judgment or-
dering a rectification must
coatain an order for the ins-
cription of such judgment
upon the two registers, and
no copy of the act rectified
can thereafter be delivered
without the corrections thus
ordered to be made.
l«4la. When the registers
of civil status of a parish or
a portion of such registers,
have been destroyed by fire
or in any other manner, the
priest and churchwardens of
the fabrique of such parish
maj^, after resolution estab-
lishing the loss and de-
struction of such registers or
a portion thereof, cause to be
delivered by the prothonota-
ry of the district, in whose
201
! office are deposited the regis-
ters of civil status of such
parish, or liaving'the custo-
dy of such registers, a copv of
such registers uv of aiiv por-
tion thereof Avhich have been
destroyed as aforesaid. (R
>'. (J-, art. (3015).
1341/y. Every protlionota-
ry or clerk, having the ciis-
tody of the regislcis of civil
status of such parish, shall
be bound to deliver, within a
reasonable lime, an authen-
tic copy of all registers or
■my jiortiou thereof required
li.v the piicst and cliurch-
waivlens of the tahrifinc of
such parish. {Id.).
1341.'. The priest and
cliiirchwardens of the fnhri-
'/«c of any parish, requiring
copies of registers or of por-
tions thereof, so destroyed,
must furnish the registers
and books necessary for su(di
purpose, which must be num-
bered and initialed in the
manner prescribed by article
123G. {Id.).
134lr/. The fees of any
prothonotary for all copies
of registers of civil status or
of any portion thereof, re-
quired are as follows ; six
cents for each certificate of
baptism or burial and eigh-
teen cents for each certificate
oT marriage, {[d.).
Viiie. The certificate of
authenticity of such copies of
: registers or portion thereof
must be delivered bythepro-
; thonotary of the district and
be inscribed after the last
entry in each book or reeis-
I ter. {Id.). ^
202
<()1)K OK I'UOCEDL'ItK, PAUT Ii:, HOOK V, TIT. I.
ia4l/". Evorv copy of re-
gisters, so aiitlipriticiiUMl aiKl
(It'liverod, is considered as
an ori},Mnfil re^nster ; and
the extracts, certified hy ilie
parish priest, vicar, or priest
in char^'e of the said parisli,
depositary of the said rej^is-
ters, are authentic ; bnt tlie
parish priest vicar or priest
in char{,'e is l)ouud to declare,
in the extracts wliich lie de-
livers, that tlie re^Msters from
"Which they are taken are co-
pies, so certified o«' the oiilv
existing duplicate. (/(/.). "
l'^41y. The copy so made
of the said registers must he
a.Jac simile of the sole exist-
ing duplicate, in so far as it
must contain and reproduce
all the words struck out, the
marginal notes, lengthened
lines and interlineations that
may be in the latter, as well
as the certificate whicli cer-
tifies as to the number there-
of, strictly following the same
spelling. (/,/.).
1341//. Any curg, minister,
or other person authorized to
keep registers of civil status
may, with the authorization
of the ordinary board of the
fahriqiie or of the trustees, as
the case may be. at the ex-
pense of the parish church, I
mission, congregation or reli-
gious community, of which
he is such cure 'or minister,
replace, in so far as the writ- I
ing may be deciphered, the j
said registers of civil status
kept up to the year 1800, in \
his custody, by others repro-
ducing them as exactly as '
possible, (/rf.).
1341;'. ?:very such jieison
so autliorized to keep regis-
ters of civil status, after
having carefully compared
such copy made bv hin. witli
the original, slialTatlix at the
end thereof a certificate at-
testing that it has lieen exa-
mined and compared and that
it agrees, witli the register
of which it is a copv. Sucii
certificate is made uiideroath
before the jirothonotary of
the superior court of the dis-
trict. Such copy shall be
authenticated and initiated
by the prothonotarv before
being used. (/d).
I84iy. Nothwithstanding
the authenticity of such copv.
which shall have the sarne
effect as the original register,
the latter must be preserved
so that reference mav be had
thereto. {Id.).
CHAPTER SECOND.
RKOISTEHS OF REfUSTRV
OFFICES.
1243. Every register of
which the hnv requires the
authtiitication, must, before
an entry is made therein, ))e
authenticated by an attesta-
tion, written on the first page
and signed by the prothono-
taryofthe superior court of
the district in which the re-
gister is to be used ; and such
attestation must mention the
purpose for wliich such re-
gister is intended, the num-
ber of leaves contained there-
in, and the date of the at-
testation. Each leaf must be
ry such ix-iHoti
1 to kcej) rcgis-
statiis, After
iilly cujiiitarcil
lie by liiri. with
^halTaHix at the
. certihoate at-
t has I toon exa-
1 pn rod n 11(1 tliat
:h the rcgistt-r
a copy. Sucli
fide under oath
othonotary of
)urt of the dis-
'0]»y sliall be
and initiated
inotarv before
hwithstandinj;
y of sucli Copy,
aye the same
giual register,
be preserved
;e may be had
CHAP, in, BKUISTEKS OK 8HKIUKKS AM) COHONKRS.
numbered in words, written
at full iengtii, and the ; ro-
thonotary must write tliere-
on the initial letters of his
name.
CHAPTER III.
HEr;iSTKH.S OK .miKHIKKH AM)
COnoNEUS.
1243. The sheriff and the
coroner of each district must i
keep a du[.licate register for '
transcribing and registering |
203
therein all deeds or acts of
sale made hy them of real
property in their ofHcial ca-
pacity-, and, when such leiria-
Um- is filled, one of the
duplicates thereof must be
deposited by such sheriff or
coroner in the oflicc of the
prothonotary of tiie sur)erior
court for the district.
1844. Such icKistera must
bo authenticated in the same
manner a.>j those of the regis-
try ofhces mentioned in ar-
ticle IL'43.
TITLE II.
OF IXmPKCTION OF DOCIMEXTS.
1245. Notaries are bound
upon payment of their lawful
fees and dues, and without
any judge's order, to give
communication or copies of
or extracts from any act or
document forming part of
their official records, to the
parties or to their heirs or le-
gal rej.resentatives.
134G. They are not bound
to give such communication,
copies or extracts to other
parties without an order from
a judge, unless it is of such
nature that it should be re- ^
gistered .
1247. If the notary refuses
to give such communication,
copies or extracts, as requir-
ed, the person demanding the
same may, by petition duly
served upon such notary, ap-
Ply.to a judge for an order
tor inspection,which is giaut-
ed upon proof of his right or
his interest.
1248. If communication
only be demanded, the order
nxes the day and hour when
communication of the act
must be given.— If a copy o-
extract be demanded, the
order fixes the time at which
It must be furnished.
1249. The service of the
order of the judge upon the
notary must give a sufficient
delay for a compliance with
such order.
1250. The copy or extract
must be certified to have been
delivered in compliance with
the order ; and the notary
mentions the fact at the foot
of the copy of the order that
was left with him.
1251. If the notary fails to
comply with the order of the
judge, he is liable for all
13SG. Wbenever apnlica-
tion ismadetoprovidVrnin.
scnteos or substitutes, witli
tutors, or tutors ad hoc, or
curators, or to authorize .acl.
,""i'7''"''^torstodosorae
particular act, or for leave lo
l^'ieiiatennmovcablesbeloua-.
-V <■■' persons wlio have nSt
TITLE III.
Ol Family Councils.
tlie free exercise of their
?ffl)ts orfor th. euucncuu-
■-'» of minors, the ju fc^,'',
tlie court cannot '•'•';;':
out previously having tako'n
^l -'Ivice of a familf c om.-
1357. Family councils am
convened and^ composed h
the manner provided in the
V, TIT. in.
'1 *'xpcn.s(.s (.Cfi,,
■|"R .siicli ,Jc|,„,sif
'Kt'.l to fun.i..)',
'•"P.v of tlu- .|«,..i
•'"""fy him f„r
^K "Mil OtlltMC'T-
l'<''ifioii niMst hf
"II <»tlifr iiitci-
' iiit'iiti(Mi('(l ill
J" siuisfiictorv
■<'>'rf ur jdde,.
<i<Jciiiiu'nt j»i(i-
!<'p('site(l in (lie
>* <"• notarv -
-'!• I»uhlir (.(li.,,.
' on^innl was ;
•"I'i'il act. t'onn-
<" records o*' .i
ii^ <lt'n(l or lias
ictiso, iliei, i„
'"'■.V'^< Oflicc ill
'conl.^ of such
I'positfd; and
cop7 of flip
i"s <lc})osittMi
f ill the sHiiii-
ucli documcn;
al.
CHAf. Ill, KK<ilSTKRH OF KMKIMKI>
'"OIKiNKI;
ise of their
"^' ouiaaoiba-
ot ■-•: ;, 1^^,.
laving taken
family couu-
councils are
oni posed in
ided in the
"i"Hi title of the first hook
Of the Cni! Code.
I *.'."»«. .Any person dcmarnl-
mg the convocation of «
fainily council must show
that lie has used due djij.
geiice to suniiiio'i the nearest
lelutives le.idiuK n, the dis-
tncf, iind tlic delay for su(di
notice M one iut'eniie,|iftt,.
d»y, wheu fiiey reside at a
distance less thai; five lea-
J-;'"';. ''■:«>' <!'« place where
the lainily council is to meet
"'"•i the nsual additiiHial
delay when the distance ex-
ceeils hye leagues, accordin..-
to article T,*..
}'''''* The relations and
friends must I.e s\M,vn l.efoie
K'viug their advirt. npon the
matters sul niitted to them
2<).'>
i'.'<;«». 'riic mill, It. •< of the
Hdvin.giv,.nl.y the .'lations
and fri.-iids m.Ht h.- si^^ied
;>■ tlieiii, uv must mention
"■ '•'■asons which prevent
iiiein from signing,
l«r,|. The siipLTior court
and the circuit court, and anv
judge ol the superior court a't
anv place where sittin.rs ,,t'
eitlier of the said courts are
held, and eitlier in or ont of
term, have like jurisdictiou
'1, and may decide all mat-
•'•is in which the advice of a
tainii.y council is rcpiirrd,
and the proceedings in such
oases must remain among
tlie reconls of the court u7
^vliicli the aj)plicatioii was
luade.
TITLE ly.
Of TiitorshlpM and € .,r«tor«lil„H.
136!i. The proceedings to
be taken for the appoint-
ment ol tutors to minors,
and of curators to interdict
ed persons, emancipated
miuors and absentees, are
exjilained in the different
titles of the Civil Code which
treat of snob matters respect-
IV'dy f ^
A^«3. The proceedings to'
be taken for the appointment
Of curators to successions'
that air vacant or accepted
under benefit of inventory
or to property judicially
abandoned by insolvent deb-
ri, are regulated under the
respective titles in this code
I ^■OMceriiing such matters.
12G4. The proceedings for
I tfie appointment of curators
to the property of corpora-
' tions that have been dissolv-
ed, or declared illegal, .are
regulated in the Civil Code,
under the title Of Corpora.
(ions,m. : in the eighth chap-
ter of the second book of the
second part of this code.
1365. The procfipdincf for
the appointment of cumtors
to substitutions are the same
as those for the appointment
ot tutors to miiiors.
1366. Every curator ia
206
liomi
t I
} '
ji
CODK OP PROCEDURE, PART III, ROOK IV, TIT. V.
Jiou.Hl before actinjr as such, I well and truly nerforra tlu
to make oath that he Nvill i duties devolvin'g^.;.^'nim
TITLE y.
Ol the sale «f ImmoveableN boIongiuK to minora
or other diMqiialilicfl perNoiis.
_ 12GT. No voluutarv aliena-
tion of immoveable ]rroi)erty,
or of shares or stock in manu-
facturing or financial asso-
ciations, belon;,nng to minors
or interdicted persons can be
made without the order and
permission of the court or of
a judge.
13G8. In addition to the
formalities i>rescribed bv the
Civil Code, such alienation
cannot take place unless,
before taking the advice of a
family council, the immove-
able has been inspected by
two experts, one of whom
was named by the tutor and i
the other by the subrogate- !
tutor; and such experts must '
not be related either to the '
parties or to the persons act- '
ing for them.
1869. The nomination of
experts may be made under
tlie sanction of the judge or
of the notary before whom
the application is mo' to
have a family council con-
vened .
1370. The experts, after
being sworn before the judge
prothonotary, clerk or notary,' I
mtist asceriaiu the condition
and value of, each immovea-
ble, and the truth of the
other circumstances on ac-
count of which the sale i^
demanded, and make their
ivportbya not;uial act, deliv-
ercd in original form.
1371. If the experts cannot
agree each must report his
respective opinion, giving the
reasons upon which such
; opinion is based.
,1373. The report is sub-
: mitted to the family council
tonretherwith the application
to be authorised.
1373. If the matter relates
to the investment of moneys.
or to shares or stock, in ma-
nufacturing or financial asso-
ciations, the value thereof
must be ascertained.
1374. The judge, if he au-
thorises the sale, must fix aa
i upset price for each immovea-
j l)le, share or stock, and, inde-
pendently of the other condi-
I tions imposed upon the sale,
such upset price cannot be
I less than the value ascertain-
ed by the experts.
1375. If the judge refuses
to authorise the sale, the rea-
son for such refusal must be
given in writing, and form
part of the record.
137G. The place and time
of the sale must be published
oa three consecutive Sun-
days, at the door of the parish
CHAP. .11, REraSTKRS OK SHKRIFFS AND COfiONEns.
liich tlie sale is
and make their
;)tiuial act, deliv-
ual form.
le experts cannot
must report liis
'iiiioii, giving tlie
"1 which sucli
Lsed.
' report is siih-
: family council,
1 the application
ied.
e matter relates
nent ofmonevs.
or stock, in rna-
r financial asso-
value thereof
'tained.
judge, if he au-
ile, must fix aa
'each immovea-
tock, and, in de-
he other condi-
upon the sale,
rice cannot be
■'alueascertaiu-
'rts.
judge refuses
le sale, the rea-
efusal must he
ing. and form
ord.
dace and time
3t be ^)ul)lished
secutive Sun-
ar of the parish
dmrch of the place Mhere the
immoveahlesarcsituate<i;or
If there is no church, at the
most public place in the loca-
ity; and notice thereof must
be posted up immediafclv af-
ter the first publication, \and
•'"'■'' ."otice must contain a
description of the inimovea-
nles.
1877. If no higher price is
offered than the upset price
the person aj. plying f,,,- the
sale may proceed to effect a
private sale ; but he can on I v
tlo so within the four months
which follow the authoriza-
tion, and for a sum not less
tlian the upset price.
1378. In the case of a vo-
luntary licitation of an im-
moveable, ludd undividt.dlv
between a tutor and his pu- ,
P'l, and which cannot be ad- i
vantageously divided, pm- '
feedings are ha.l i„ the man- i
iier above mentioned, and I
"0 purchase of it bv the tutor i
1-^ valid unless the minor is '
represented at the sale bv a !
tutor ad hoc. ' '
l'i\»a In the case of sale of
securities such as raijital
^uins, shares oi' interest in
financial, commercial or ma-
•iiifacturingjoint stocks com-
panies or ])ublic securities,
belonging to minors, inter-
aicted persons or al)sen(eesi
or to substitutions, the judsre
or the court authorizing su( hi
sale, upon the ad\ iee (if a fa- '
mil^ council, may, if he or it
Jeem it meet, order that the
sa e be made, at the current
[ate upon the stock exchange
'jy a broker or other person
207
appointed for that purpose,
without advertisement or
formalities, and may, when
<eemed advisable, authorize
the gradual disposal, during
■^nch delav as shall be deteit
mined, of such securities at
tlie current rate iirion stock
exchange. -The broker or
person appointed must make
■i report of all sales by him
"iade and forward it' to be
deposited in the clerk's ofJice
"here the authorization for
tbe sale has been deposited
with an attestation under
oath, showing the current
market value of securities
-ohlnn the day of each sale.
Ut. .S. r^., art. OOIG).
§ \—(if the sale ofimmorm-
bles. ,yc., nnt excetdin,j/our
iini,h,'d dollars in 'value,
be toil;; inylo disqualified iier-
sons. • '
l278/>. Whenever the real
value ofthe whole of the im-
moveables or immoveable
nghts, capital sums, shares
I or interest in anv financial,
j commercial or manufacturing
(.joint stockcompanv. belong-
l"ig toamiuorordiscjiialilied
persQu, does not excee.i the
simi oi'foiir hundred dollars
fVJ'Kifreofthe superior court
may, upon petition presented
to him to that effect, by the
tutor and subrogate tutor of
such minor, or by the curator
ofsucdi dis(pialified person,
a« the case may be, after
making summary inquiry as
to (he value of the said pro-
perty, order the sale thereof
208
COHH OF I'ROCEODHK. I'AUT III. nooiC V, TIT. VI.
if
by put. lie .'nictioii, at the
prices and updii \hv condi-
tions which lie nuiv deem just
an<i roasonaldc to"(i\, in the
iiitoicst (ifHiich inirior or dis-
qualified peison (//.).
12~8c. Thejudj^e iias pow-
t'C to iHKiR', iiiuler his lnuid.
an order to compel the appea-
rance liefore him, without
coritH, of any i)erson whom he
doeine qualiMod to all'ord liim
the information necc>Jsarv to
<lelermiiie the vjilue. — Any
such person ret'iisinr,^ to coni-
ply with such order, becomes
Lniilty ot' contempt of court.
1*J7R</. Xotice of the jdace.
day. and hour of such isuiven
twice in lifteen days, in the
Quehec Onici.'il Gazette, and
in two newspapers indicated
; by the judjie, one ot which s
imbjished in the French an<l
till' othi'i' in the Eiijrlish hiM-
jrnai^e. in the district in
wiiich the iiropprtv issituat-
j I'd, and in the event of there
bein.t,Mio newsp!i])ers ])nl)Iisli-
ed in such district, then such
notice is <i:iven in the news-
papei's of the nearest district.
(//.)■
I'iTS'-. The .iud;;e iiiav.
when he deems it advisahh',
dispense the ])etilioners from
the necessity ot puldishiiij,'
tlie notices mentioned in tl"
preceding: article and autho-
rize them to proceed to the
sale of such jjroperty, bv mil-
tuiil c(jnsent. to any person
piyin.u- tile [irice fixed by such
.judge, (/,/.).
TITLE VT.
PROC'EEDIXOS UKI..VTIX« T<l HVVVi^HHlO\S.
CHAPTEIl FIIiST.
OF SEALS.
SECTIOX I.
or TlIK AKKI.\1N(; OF SEALS.
l-JT!). Seals can be affixed
on the projieity of a succes-
sion so long only as an inven-
tory there'of has not boon
made.
13S0. Whenever seals are
retiuired to be affixed a com-
missioner is named for that
purpose by a judge of tliosu-
jporior court in the district,
upon the application of any
l)arty interested.
I I'iHt. The affixing of seals
may l)o demanded : ]. Bv all
those who lay claim to' the
succession of the deceased,
or to a coiiinuinity dissolved
hy the death of one of the
consorts ; 2. By the creditors;
3. By the testamentary exe-
cutor: 4. By the Crown,
wlien tliere are no lieirs, or
when tlie property is confis-
cated.
I'iS'j. Tlie commissioner
must draw up minutes of the
'■'lAI". 1, CKTIIK AKFIXIN-,; OK SEALS.
t'C'KSSIOXS.
ill the district,
plication of iinv
ucd.
affixing- of seals
iiuiod: 1. By all
iiy claim to"^ the
if tlic ileceased,
iiinity dissolved
1 of one of tlie
IJytlie creditors;
ilanientary e.ve-
3y tlie (Jrowii,
ire no lie lis, or
)perty is coutis-
i comiuissioiier
» miiuitcs of the
209
"hicii lif
The date:
of tlie jior-
proccediMfrs, in
iiiiist state; 1.
■J. A dcsitriiatiori
sun ie.iniriiijr til,, seals, .'irid
the nature of liis rijrht ; ;;
Tlie judicial order iiutlio-
n/ing the aflixiny of seals ;
•1. Tiie attendance of the ucyi
^oMS concerned, and whatever
they may state ; o. A de«-
oription of the places, })n-
reaus, chests or closets. ovei>
tiie openinirs of whi(di the
s'a.s are aliixed ; (J. A snm-
■■•''n- (leseription of all arti-
cles tound in view and placed
under seals; 7. The takin-r.
'It the close of the allixincr of
>eals. of the oath of the par-
ties residing- on the premise^
that nothinn: has been, either
'lirectly or indirect I v. taken
jiway },y them or with their
knowledge; 8. Tlic iianK's
nnd desifrnations of the iier-
>;>iis in whose cnstodv the
thiiips under seals have l)een
plnced, and with whom a
copy (»f the minutes must he
l<'n :_ !>. The signint; of the
parties present, or their heiiifr
called upon to sign and the
reasons which prevented them
from doing so.
1383. The seals are aflixed
upori each extremitv of a
bnnd passing over tlie kev-
hole of the lock, if there he
authentie for?n l,v the de-
"■'■'i^eu is found open, the
commissioner enters a des-
cription of it in his minutes.
''!"' delivers it to the aunr-
llinii: i.nt if the will is „ot
"' ••'"theuticform, or if it is
c'os.;.! or sealed, the oom-
iiiKsioner, after sealin<r it
111) '■' "
I'H''- <^'') it' not. upon the
J'Hiit of the ojiening of the
apartment or reoeptacde con-
taining the efleets. in such a
I'laiiner that it cannot" he
opene.l without breakin<r tl-
band or rem '
nselt uiust deposit it in
the }. roth. niotarv's office, to-
^r.'llier with his minutes, in
'H'dcr that the pr.d.ate ,nav
he effected at the instance oY
tlie persons interested.
ViH.-,. AVhen the commi=-
■■'ij'iier finds tli(. doors fa^'teii-
cd. or IS refused admittance
■ he must report the fact to the
.{'."'.uv. who mav authorize
"im to employ a locksmith
and such force as mav be
necessary.— The commission-
•''■ "lay, in the meantime,
place guards around the
planuses, in order to prevent
fraudulent removals
l!i«0. If. after he lias en-
tered the house, the commig-
■sioner meets with a declara-
tion of opposition, he must
niention it in his minutes iti
Older that the matter mav be
referred to the jndo-e: 'but
he must place guards in the
me.ajitiine to prevent fraudu-
lent removals.
1387. The judge decides
ton h with upon the opposi-
tioii, either by countermand-
ing or restricting the affixin<r
hei
1284. If, wl
oving the seal.^
of
seals, o
>v bv
proceedings to coiit
l'J88. Whenever
ordering the
iiiiie on.
len seals are p
■•ciice to the judge has taken
ng aHi.xed, a will made
ice, whatever is done
in I ordered thereon
or
13 certified
210
COnE OP PliOCEDURK, PART III, BOOK V, TIT. VI.
i if
at the foot of the commis-
sioner's minutes.
188{). If then; are no mov-
able e%cts, tlie commissioner
must state so in his minutes.
l'4iU}. As soon as the com-
missioner has completed his
minutes he is bound to depo-
sit them in tlieprothonotarj's
office, to form part of the re-
cords thereof.
1291. No second affixintr
of seals can take place, unless
the first has been impu.f,nied
as null— In affixing seals the
second time the bands are
placed across those of the
first sealing.
u
SECTION ir.
OF THE REMOVAL OK SEALS.
1293. All applications for
the rcmovjil of seals, when
contested, i.iid all ()pi)osition
made after Uic .•iHixiiio- of
seals has been completed"^ are
heard summarily, unless the
pleadings are ordered to be
in writing.
13{)3. If the affixing of seals
is declared null an order is
given at the same time com-
manding the commissioner
who affixed them, or some
other pei'f.on, to remove them
without iuiy inventory, and
to make a return of sueh re-
moval ; and in default of this
order being complied with,
any bailitf holding a copv of
the order may break t'hem
and make a return of
having done so.
13S>4. If, however, seals
have been affixed a second
his
time, the eomjjlete removal
cani.ot take place until botii
sealings have been adjudica-
ted upon.
1295. If seals have been
affixed before the burial of
the deceased, they cannot be
removed before the expiration
of three days after such
burial, except for urgent rea-
sons, which must be stated
id the order which authorizes
the removal.
129G. The removal of seals
from the whole or from u
part of the property may, in
all cases be demande!! bv
such persons as mav demand
to have them affixed, and also
by any person claiming to be
owner of the effects placed
under seal, according to their
respective rights; and tlie
right to prosecute such de-
mand l)elongs to him who
first made it.
I'JOT. The removal of seals
iniist lie aiipiied for bv peti-
tion to the court or judge, in
order that the inven'torvmav
be proceeded with afteV n(j-
titying all persons interested.
1298. The court or judge,
when authorizing the re-
moval of seal.?, orders that an
inventory of the effects shall
forthwith be made, after
summoning, by a' bailirt"s
notice or a notice in notarial
form, the heirs of the deceas-
ed, the surviving consort, the
ti'stameutary executor, and
the known legatees. --If the
persons entitled to be present
at the removal of seals or to
take part in an inventory,
reside outside of the Prov-
omplete rf-moval
placo until hotii
.'e been adjiulica-
CHAP. II, OF THE I\Vi.NTOriY.
removal of seals
"hole or from a
•roperty may, iti
[! demandeil by
I as may demand
affixed, and also
•11 claiming? to be
L' effects placed
ccording to their
ights; and tlie
isecute such de-
?s to him u-jin
an inventory,
of the Prov-
i'lco, hey need not be sum-
moned ; but in such case a
judicial procurator is named
'•y a jndge of the superior
court, on ap],lication of the
person demandinj? the remov-
al of seals or the makintr of
^" ,;"J^'"»'^''y, to represent
such pergons ; and such ju<li-
cial procurator must be n re-
sent or have been nutiHed to
be present - Notwithstand-
ing the nomination ofa judi-
cial procurator to represent
the persons above mentioned
such persons or any of them
may also be present and take
part or may send a power !
of attorney to the judicial
procurator or to anv other
person if they think fit to do
so; and such appearance or
appointment ofa mandatarv
terminates the mandate of
uie judicial procurator. (A'
-3 9^., art. ()017). ■
1309. If anyof the persons
mentioned in the preceding
article have not the full exer
cise of their rights, they must
be provided according to law
with tutors or curators as the
case may be.
1300. The seals are remov-
ed in succession, as the
making of the inventory nro-
gresses. If the effects con-
tained under any seals are
not all inventoried at one
time, the seals are reaffix^d
upon the remainder.
1301. One or more mtu'-ns
ul removal of seals must be
made, as the inventorv pro-
gresses . "^ ^
1303. The return of remov-
al of seals must contain.—
211
1. Thodate:_2 The names,
K-Mdence and occupation of
,tlie applicant, and his Hected
, domicile :-;i A recital of the
-order for removal;- 4. Men-
Ition that the notices required
M article 1297 have' be.n
given; -5. What persons
were present, and their re-
spective allegations ;— 6. The
names of the iiotarv or nota-
ries charged with making
the inventory, and of the
appraisers;-?. The verifica-
'010 thcseahs, ifthevwere
"';;:«ken ; f not, the^ state
:'n which they were found-
saving recourse against whol
ever may be liable.
h/f^"^", ^^'•'*?^''^ ^^ effects
be onad whicfi do not },elong
to the succession or the com-
niunity, and are claimed bv
tlin-d persons, thev are deliv-
Z";'} \^ the proper persons,
I after describing them in the
return, if such description is
i demanded.
CHAPTER n.
OF THE IXVKNTORY.
OF ' THK
SECTrOX [.
MAlvI\(; OF
VKNTOUV.
THE IN-
1304. An inventory of the
property belonging to a de-
ceased person, or to a com-
munity dissolved by uis death,
may be demanded bv anv
person who has an interest
in It : I)ut the following per-
' , ^ ii^iiuivuiy Iter-
sons only can take part in it:
— 1. L hose who represent the
18
212 coDK OK pnocEDrni:, part hi, book v, tit. vi.
1^^
I -
deccrtsod :— 2. The consort of
tlic (Iccoased, or such con-
sort's roprooontativos, if n
coiiiniunity existed ;— 3. The
testamentary executor. — In
the case of a comniunitv of
property dissidved hy a judj^-
nienl. the inventory jnav be
deniainled by cither ot the
consorts.
ISO.'). All persons entitled
to take part in it must be ,
present at the inventory or
be rei)resented thereat in" ac-
cordance with article 1298,
or have been notified to ))o
present- in the same manner
as for the removal of seals.
(/•'• ^S'. (J., art. 0018).
1300. The person who is
bound to have the inveiitorv
made, chooses the ext;cutinir
notary; the other parties may
appoint a second notary.—
In cases Avhere seals liave
been affixed, the order for
their removal designates the
notary who is to make the
inventory, subject to the
above restriction.
1307. The inventorv must
be in authentic form.
1308. The inventory is
composed of two parts. The
first, or the preamble, con-
tains the names, occupation
and residence of the persons
making the inventory, of
those who ap])lied for' it, of
the i)erson3 present or who
failed to appear, of all in-
terested persons ai)seiit, if
they are known, of the ap- |
praisers, and the respective
allegations, pretentions and
protestations of the parties. |
— The second part is the in- |
• ventory i)ropei',and contains :
i — 1. A designation of the
; place where the inventorv is
: made ; — 2. A description of
i the moveable property and
elfects, and a valuation therc-
I of made according t(j their
real value by two swoi-n ap-
praisers ; —3. A designation
ot tlie amounts in specie or
in valiialjle securities ; — 4.
A designation of all papers,
which muBt aUo be numbered
from first to last and be par-
aphed by one of the notaries:
I — 5. All declarations of
; claims or indebtedness made
! by the i)arties ; — tj. Mention
: of the oath having l>een taken ,
' at the end of the inventory,
by those who, before the in-
ventory, were in possession
of the things, or who in-
habited the house in Avhich
such things are, to the effect
that no portion of them has
been fraudulently removed
or carried away with their
knowledge ;— 7. The deposit-
ing of the papers and effects
in the hands and custody of
the person agreed upon by
the iiarties or named by the
judge.
1309. If, v>-hile the inven-
tory is being made, difficul-
ties arise between the parties
as to their respective rights
and i)retentions, the notarv
is bound to record such pre-
tentions in the inventory, to-
gether with all protestations
against the same, leavino- t!io
parties their judicial recourse.
1310. Any of the parties
may petition the judge to
oblige the notary to enter
their pretention.^ or protcRta-
tion.s in the inventorv. and
thejndn^eis hotuid to'd..(;i.lo
upon such petition in n siiin-
niary manner after the other
parties have had notice of it
—As soon ae the order made
upon such petition ha., been
served upon tlie notarv, he
IS bound t.. tranacribe'it in
JJ^.;"^entoryan<i to conform
1311. In the case mention-
ed m article l.'JOy. the judtre
may order the exclusion of
any of the parties when it is
niando,sl that thev have no
light; or else he may order
tbat proceedin,t/ri rf],all he
taken provisionally in their
name, subject to the res-
pective protestations of the
parties and to their right to
obtain a decision upon their
pretensions after the iuvent-
ory is completed.
1313. With the consent of
an the parties the sale mav
<'e proceeded with at once as
ttie inventory is being made •
and m such case no valuation
of the effects by appraisers
Is necessary. j
1313. The survivint; con-
sort or other person vho is
bound to have the inventory
made IS entitled to the cus-
wuy ot the inventoried effects
ui preference to my one else •
'inlessjupon being referred to!
S "^•i''''"'°^*°^PO''tant
reason, orders otherwiap
nriV^A-^^^ formalities and !
proceedings prescribed bv i
the present section apply to
all other cages in whiclfan
inventory is required. j
CHAP. II, Of Tin: i.vve.ntouv.
213
SECTIO.V ir.
OF TIIK .SAI.K.
1315. Wlien the sale .,f the
moveables 13 d(;mande.| bv
Jo article ,397 of tf.e Civil
Code, or by any other copar-
tuioner. It takes place upon a
»Jay h.Ted, of which public
:"";L7™l'fl'«\-«heeniiven.'
»-UG. liie nale takes place
whorever the effects ari sit!
.'^ted and tor cash, unless
dere.l ™''''' *°'"*'^*' ""' «''-
bv^ff ••iwv'' =''^le is affected
V a bailiff or a public crier,
o bv any [lerson agreed up!
>n .y the parties,\nd tfe
moneys are received bv the
person thus employed. '
1318. The sale may take
P ace either in the pr^ence
fu .P^''l""s 'n teres ted, or
'1 their absence after thev
7l/„''^7'^'^^'^"oticeofit
1319. Minutes of the sale
are drawn up, stating who of
the persons interested were
present, what notice was
, giyon to those who were ab-
isent. and specifvincT each oN
: for J'."' .^'-.'"''^'^'^''t^^ price
I toi which It was sold and the
name of the purchaser.
IS'^O. If any of the coheirs
or copartitioners are minors
published and posted up in
t tie same manner as in capes
of sale of moveables under
execution.
214
CODK OP PnOCEDUnE, PART III, HOOK V, TIT. VI.
f '^
I:
CHAPTER in.
OF hknefit ok i.vvextouv.
ISai. Bimcfit of invontoi-y
can onlj be granted upon
petition to tlic court ur jiKlge,
stating tliat an inventory of
the property of tlie succes-
sion will he t)r has been made ;
that the petitioner has not
acted as heir, and that he
believes it his interest not to
confound liis rights with the
obligations of the succession.
1383. The beneficiary heir
is bound to give notice of his
character as such, bv an ad-
vertisement, as mentioned in
article 1010.
_ 1333. Benefit of inventory
is^only granted on condition
of rendering an account and
paying to such person as may
be entitled thereto whatever
monevs may be received ;
and the beneficiary heir shall,
if tlierounto required, as pro-
vided by article r,63 of the
civil code, give securitv to
the amount and in the man-
ner fi.xed by the court or
judge, (i?. ^S. (,>.,art. G019.)
1324. An heir under bene-
fit of inventory cannot sell
the moveable propertv of the
succession without observing
the formalities required for
the sale of moveables under
execution.
1383. He may sell the im-
moveables or the shares and
stocks in industrial or finan-
cial companies, by observing
the formalities provided by
law for voluntary licitations,
on the advice of the parties
interested at a meeting con-
veiiiMl for that purpo.se in the
manner prescrilied bv the
judge.— Such sale cannot take
place respecting immoveables
e.xcept with the con.sent of
all the hy|)othecarv creditors
{It. S. fj.. art. 6020).
133G. [In cases where the
I beneficiary heir lias any
claims to exercise against the
succession, he must cause a
curator to be named, the same
formalities being oi)served as
areprescribedfof the appoint-
ment of curators to vacant
successions.]
CHAPTER 111. (A.)
OF LETTEHS of VEniFICATlO.V.
1380(/. Whenever, in this
Province, an abintestate suc-
cession devolves, having pro-
perty situate outside of its
limits or debts due by persons
not residing therein, the
heirs, oroneormore of them,
may apply to the superior
court, or to one of the jud-
ges of the court, in the dis-
trict in whicli the deceased
had his domicile, or if he had
none to the superior court
or to one of the judges of
the court in the district iu
Avhich he died, for letters of
verification establishing upon
whom the succession has de-
volved. {II. S. (^., art. 6021).
13266. The application is
made by a petition, setting
forth the death of the person
whose succession has devolv-
ed, the fact that he died
without leaving a will, and
CHAP, m (A), OF LKTTEUS OF VEniFICATIO.V,
leaving property situate out-
side the ri)ovince or debts
due by persons not residinir
therein, tlie persons who are
lii3 heirs, their relationship
to him and their filiation, and
praying for letters of verifica-
tion which declare what per-
sons have been proved to be
the heirs of the deceased and
in what i)roportions. (f(l\ i
1336c. The iK'tition iniist!
heaccomnanied with an affi- I
dnvit of the petitioner, or of
a competent person, attesting
the truth of tlie facts therein
alleged. {[,1).
1336,'/. The petition, with a
notice of the time when it
will be i)resented. must be
served upon the other known
heirs who reside in the pro-
vince ; and a snmmarv notice
of the intended application
and of the time when it will
he made, must be inserted
215
once a Aveek during four
consecutive weeks, in one
newspaper published in the
irench language, and in one
newspaper published in the
English language, in the dis-
trict. There must be an in-
terval of at least five days
between the day of service '
f the petition and that fixed
tor the presentation thereof
^vith an additional day for
each additional five leagues
when the distance between I
the Court House and the place
ot the service exceeds five
ieagues ; and the dav of such
presentation must be at least
thirty days from the last
insertion of the summary no-
tice. {Id.).
133G«?. I he petitioner must
produce with the petition
the acts of civil .status neces-
sary to establish the allega-
tions ; and when any .such
I act of civil .status cannot be
i produced, the i)etition must
I be accompanied by an afli-
; davit to justify its absence.
Uc/.).
I 1326/ Any heir or his
ipgal representative may
enter an ai)pearance,and may
contest either the ai)plicatiou
or any allegation of the peti-
tion. (/(/.). *
I336y. I'he intervening
I l'^";;'?^^ i^i'e l\ound to plead,
withm four days from their
I appearc ice, and the peti-
tioner must answer within
\ t iree days from the filing of
the pleas, on pain in either
case of foreclosure, unless a
onger delay be granted by
the court or a judge. {Id.)
1336A. Proof is made and
the parties are heard accord-
ing to the ordinary rules of
I procedure;, the written proof
; produced and the depositions
or the notes of the evidence
must remain of record. (Id')
i 1326*. When the applica-
tion has been proved the
courfc or judge renders iudt;-
ment granting letters of veri-
fication, which declare what
persons have been proved
and found to be the heirs of
the deceased and specify in
what proportions. (idV
1336^. Letters of verifica-
tion may be contested, bv an
action to that end before the
superior court in the district
where they were granted, by
I. \
216
CODB OP PROCEDDRE, PART III, BOOK V, TIT. VI.
II
i'l ili
any hoir of whom mention
lias hocn oniiftt-tl and who
has not iiitcrvciiod. (/,/.).
l.lar,^. Thf <l('f;l.aration, in
jin action in coiitcstation of
letters of verificHtioii, mnnt
he accomfjaiiied with an affi-
davit of th»' i.laintijror .)f n
conipott-nt person, denying
the oorrectneas of tlic letters,
stating in what their incor-
rectness consists, and fur-
ther attesting the truth of
the facts alleged in the de-
claration. All the heirs men-
tioned in the contested letters
of verification or their repre-
sentatives must be implead-
ed. (/(/.).
132GI. The declaration
and affidavit must he pro-
duced and filed at the time
of the issue of the writ; .and j
notice of the contestation '
under the signature of the
prothonotary, must be pub-
lished in the same manner
as the summary notice of an
application for letters of ve-
rification. (/(/).
1326m. When the action
m contestation of letters of
verification is maintained,
the judgment either alters I
and correctB them, or revokes (
and annuls them. Correct- '
ed letters of verification have
the same effect as the ori-
ginal letters : thevmay also
be contested by any heir
who was neither an inter-
vening party nor a party in
any action in contestation,
Ud.).
l3aG«. Except during the
pendency of an action of con-
testation, authentic copies of
j letters of verification, either
original or cortvcted, as the
case may be, are deliver-
ed, unfler the seal of tlic
courr, to all porKoiig re(|iiir-
iiig the same, for use outsid,.
of the province, in all pro-
ceedings and circumstances,
where it is required to piov,'
who are the heirs of tlie de
ceased or to obtain ancilia-
ry or subsidiary letters o''
administration. "(LI.).
CIIAPTKR rV.
I'UOVISIONAI. POSSESSIO.V,
. 1337. Provisional posbos-
sion, wjienever it may be de-
i manded, must be applied for
j by petition to t'lie superior
! court, m the dittrict in whirh
the absentee or deceased per-
son had his last domicile, or
If he had no domicile in
Lower Canada, in the dis-
trict in which the property
IS situate.
1338. The petition in the
case of absentees must be ac-
eompanied with an act of no-
toriety, by three witnesses
duly sworn, and establish-
I ing the facts upon wliich the
petition is based, and also
with such other proof as the
court may deem necessary.
_ 1339. Provisional pos'ses-
sion cannot be granted until
after notice has been given
and published, in the man-
ner required for the summon-
in? of absentees, calling upon
all persons who may have
any rights against the suc-
cession or the property iu
CHAP. V. OF VACANT StJCCKSSlONS.
U- I'OSHESdlO.V.
-Iiu'stion tohriMf,MLoirclainH
lirforc tlic Court.
1330. TIk; proceed i II frq
"i"m siirii cluimsaiK] upon
til'' petition for provisional
j'o.s.scH.sion are the same as
upon or(l:nurv suits
217
CHAPTER V.
OK VACA.VT .srcCESSIONH.
1331. If tliu natural or tcs-
tnnicntarylieirrenoujice.s the,
sucocsriJon, and no person i
cui-es forward to accept it
within the delays allowed for ^
"laking an inventorv and'
•leliberating ; or if there is
no known heir, the succeB-
sion IS deemed vacant.
. 1333. When a succession
is deemed vacant, aiiv cred-
itor or legatee, or the heir
■"liohas renounced, mav de-
mand th" appointraent'of a
curator to such vacant suc-
cession.
1333 The judge proceeds
to such appointment after
taking the advice of the rela-
tions and creditors of the
aecea,sed, convened in the
manner prescribed bv such
judge.
1334. Thecurator is bound:
1. lo make oath that he will
faithfully and to the best of
Jiis ability administer the pro
P''''tv of the succession and
render an account tlu-reof:--
^- .10 give notice of his ap-
pointment in the same man-
ner ;is curators to the proper-
t.v of dissolved corporations ;
—3. To cause an inventory
to be made, ol)serving the
same formalities as in ordi-
nary succession : — 4. Tq
cause the moveables to be
sold, observing the same for-
malities as in the case ofaiic-
cessions in which minors arc
concerned.
133,-,. He mav sell the im-
moveables and shares or stock
III manufacturing or financial
associations, by following
the formalities established bv
hiw for voluntary licitations
upon the advice of the partie.^
interested present at n meet-
ing convened for that purpose
in the manner prescribed bv
the judge. —Such sale, as
respects immoveables, cannot
be had except with the con-
«fnt ot all the hvj.othecarv
creditors. {Ji- >S. (J., art
0022). "^ '
133G. He is bound to ren-
der an account of his admin-
istration, in the same man-
ner as any other curator, and
also -from time to time when-
ever required by a competent
court or by a judge to do so.
218 CODK OK rHOCBDPRK, PART III, HOOK IV, TIT. VIII.
TITLE VII.
Hi
\(< 4
OE.MRAI. PROVIMIO\N AI>I>rYI\'«; TO Till
I»IFfKKi::^T IITMHOF Till: THIIin
I'AIIT OF THIS < ODK.
1337. Ill all proceed iriL's
under flic diireroiit fitle.s of
the third ]mvt of this rode,
the delav.s upon suninions iire
the snnie aw those prescribed
in article ,390. i
1338. All application.-^nmde i
or proceed in p.s hroujrht liefon.
ajiidpe must remain in the
records of the court and form
part tliereof.
1339. The prothonotarv of
the superior court mav exer-
cise all tlie powers conferred
upon the court or a judge
thereof; Imt any decision hv
such j)rothou()tarv is suhj(N>
to he revised h'y a j,,',!,,,,
"p"" ■■M'I'li<'iition beiiig'iiinil,.
to tiiat effect, after notiiv
given to the i»ersons inter-
ested.
1340. All decisions of ,i
court or ajiidpeare also->iib.
Jt'f't to a review by thiw
judpes of the superior court
according to and in coni\n.
niity witli the provisions am-
tamed in articles 494 and
toUowmnc,
TITLE VIII.
OF ARBITRATIONS I.V GENERAL.
1341. Submission is an act
by which persons in order to
prevent or put an end to a
lawsuit, agree to abide bv
the decision of one or more
arbitrators whom thev agree
upon. '
1343. Those persons onlv
can enter into a submission
who have the legal capacity
to dispose of the objects coni-
prised in it. ' 1
1343. The appointment of I
arbitrators by the court is !
regulated in the second part i
of this code. I
1344. Deeds of submission |
made out of court must state i
the names and additions o*
the parties and arltitrators,
the objects in dispute, and
the time within whicli tiio
award of the arbitrators uiwst
be given.
_ 1345. Submission must be
in writing,
1346. The arbitrators must
hear the parties and their
proofs respectivelv, or estab-
lish a default against tliera,
and decide according to tiie
rules of law .; unless by the
submission thev have "been
exempted from "doing so, or
unless they have been named
as mediators. The witnesses
IV, TIT. VIH,
rnLKMu, oy AumrnATiof^f, js oESKRAi.
It niiy (lociHioii l,v
Diiotfuy ia .siiJ.jc'f
fi»'<l l»y a jnil;,'.'
fati(jii boiiif( iiinili'
Vet, aftiT iiotiiv
lie persons iritcr-
ind additions of
and arbitrators,
in dispute, and
ithin whicli tlio
arbitrators must
miBsion must he
to be <-xamiiu'(l before the
nrl.itratorH may be sworn be-
fore ll,e pmtl.onotarv or tbe
'■lerk of (he rirniit rourt of
310
the locality, or before
1 coin
"' the superior
niisHioner
court
184T. During the delay
<'^i'<l.»>y the BulmusBion the
^M'P-nntn.ent of the arbitra-
tors cannot be reroked, ex-
m>t with the conaent of all
tfH; P'lrt.e.. If the delay is
not /ixed, either of the parities
« rien he pleaees.
I»4«. The submission be- i
oomes inoperative- ~ \ !„ '
**»« ^«8<^ »f the death, refiigal'
w.thdrawal or inabilit to
a; (^ one of the arbitrators '
ii'leas some clause provide
hat It .hall avail notwi h!
tr.itor shall be replaced by
another,cho.en by the parties
or by the remaining arbitra-
tor or arbitrators, Vother-
J'9e:-2 In the case of the
|^[,'^b^P^P'--ationofthe de- ^
of^fi-'i'^t^ appointment
of a third arbitrator has not'
been provided for ; _ 4 Bv '
the mutual consent of " the '
tCnh-'T'-J^ the loss of'
the object which forms the
subject of the submission --
6- Br the extinction of the
^^I'M^l^on ^.hicb formed the 1
subiectof the submission.-
'• iiy revocafmp ;« *u- ^ 1
ofth-eprecedingartic;;!'"")
Kn • ^'■bitrators cannot
^\f,J"J^d'«^ceptforreason^
Which have arisen or have '
been discovered ,ince their
appointment.
l3.-i(>. If the arbitrators fail
, >tn thinUib;tmt..rha, been
provide.! for. such appuint-
^ ^Hu.t IS ma-ie in confo'nnitv
jwith heHubmiHsion.aQdthe
caie 18 examined over unnU,
*J -^o award ofurbitra.
tors can be rendered when
there are more than one, un-
e^. the two named or one of
these and the third arbitrator
agr^ee^upon each ite.n of th^
, 1353. Awards of arbitra-
, tors are made out in notarial
Torra, or deposited with a
, notary, who* draws Tin an
'^"^^.fcactofthedeK
and they mu.-it be given or
pronounced to the parties or
nerved upon tl.er/i, 'wUh
the delay fixed by 'the sub-
mission.
nf'f'^:•?^V'*"j"'''C'■*l''^^^a'•ds
ot arbitrators can only be
executed under the auth'oritv
of a competent court, upon a
I ^"* '^'■""gbt in the ordinapy
manner, to have the party
I ''"fi"^"^^ to execute them
I 1854. The court before
j whom such a suit is brourht
I may examine into any
ifffecT?h °^ '*V"'^^ ^bicli
affect the award or into anv
! questions of form which ma
P,'«^^°i .its being homologat.
ed; but It cannot enquire into
the merits of tbe conte«ta,
n^^ii "^^^^'^heless, when' a
penalty has been stipulated
lu the submission, the court
may do so whenever the party
contesting has paid or ten -
19
Hi'
I
220 CODE OF PROCEDURE, PART III, BOOK V, TIT. IX.
f!^iitrr^^(^i-r ^^^--a or into
TITLE IX.
DITUION OF LOWER CANADA II¥TO DISTRirTA
FOR THE ADMINISTRAOOX OF JI STIcf.
1365. The province is di-
vided into twenty judicial
districts in the nianner set
forth in the table to be found
in section fourth of chapter
second of title first of the Re-
vised Statutes of the province
of Quebec ; the first column
whereof contains the names
of each district ;— the second
column, the places which are
comprised within the district;
—and the third column, the
name of the place at or near
which the sittings of the
superior court are held, and
where the district court-house
and gaol are situated. CJi. S
Q., art. G023),— The courts of
civil jurisdiction of the dis-
trict of Quebec have over
the county of Bellechasse,
concurrent jurisdiction with
those of the district of Mont-
magny. {Id., art. 6024).
1356. If the name of the
place which is the chief-place
of a district is changed, such
place nevertheless continues
to be the chief-place under its
new name. If the name of
such place has been changed
since the passing of the
Lower Canada Judicature
acts of 1857 and la58, and is
different from that mention-
ed in tbe above schedule, the
chief-place must be designat-
ed by the name given bv
such change.
1357. The officers connect-
ed with the administration of
justice in each of the new
districts created by the Lower
Canada Judicature acts of
1857 and 1858, are the same
as in the old districts subsist-
ing immediately before the
time when such new districts
were constituted, and proper
persons may in like manner
be appointed to fill such of-
fices ; and all the provisions
of law touching such offices
respectively, as well with
regard to the security to be
given by the persons holdino-
the same, or the appointment
I of deputies, as with regard
to other matters, extend to
the like officers in the new
districts, subject always to
any provisions of any other
act then in force.
1358. The Aan/icMe of Que-
bec, as defined in chapter 75
of the consolidated statutes
for Lower Canada, is and
always has been part of the
diBtnct of Quebec. The ban-
heue of Three Rivere is and
alwa^rg has been part of the
district of Three Rivers.
fC V, TIT. IX.
le award or into
TITLE IX, FINAL PROVISIONS.
TO OI.STRICTH
P JlSTICIt.
must be designat-
name given bv
e.
e officers connect-
administration of
each of the neg-
ated by the Lower
dicature acts of
158, are the same
1 districts subsist-
ately before the
uch new districts
tuted, and proper
y iu like manner
i to fill such of-
ill the provisions
hing such offices
as well with
le security to be
persons holding
the appointment
as with regard
tterSj extend to
:ers in the new
3Ject always to
tis of any other
)rce.
bafilieue of Quc-
'd in chapter 75
idated statutes
Canada, is and
een part of the
ebec. The ban-
■ ivivere is aud
Jen part of the
■ee Rivers.
fl.VAL ruovisioNs.
itwhf^' '^''^/pfras contained
m the npp,„^^,^. ^^ this code.
whether m connection with
this code or with the Civil
effect' m«°'\'" "" '^'' ■^'^"'
ertect, may be used in the
cases to which thev are in-
tended to ai)ply. ■
of thn ^'"'^^'■.'^'^^^h^^timf
ot the coming ,„to force of
InalTt' •'^'•^^^'•'^f^Hted : 1
;a all cases ,n which this
code con tans- ,- _..""'
J that effect ; 2. In all cases
t laiy to or inconsistent with
a".^ provision of this code, or
nn.f 7 *'"^ '^^^^ upon the
particular matter to which
such laws relate. _ El-cen
i^^}^^' f^ regards ,'rS!
ceedings, matters and thinjrs
?orc? of Vi ■''' 7"^^°^ i"S
„i^- u • ^^^^ '^01^*^. and to
'^■hich Its provisions c^uld
221
not apph- .vithout having a
nnroactive effeet, the nrovi
:s.onsoflaw which wfth^ot
, this code would annlv trC
|Snchproceedings.matUrsand
I things remain in force a".?
I app / to them, an.l this code
{■applies to them onlv i„ ho
i ^;; as it^coincides with such
iul^^^- /^ 'i? a»J article of
tl"s code founded on the
a^vs existing at the time of
Its promulgation, there be
•^'lifference between the En-
f ^9^} consistent with the
provisions of the exi.ning
Jaws on which the article if
founded • and if there be any
clla gifftre"existTn/r'^''
, gi"„ Lue existing laws
that version shall nrevi f
which ,8 most consistent with
and the ordinary rules of le-
g^al interpretation shall appiv
?on """""^ such inten.
APPENDIX
PART FIRST.
FORMS COXNECTED WITH THE CIVIL CODE.
ii, f
No. 1.
In connection with article
1834.
Lower Canada, 1
District of J
We, ,of in
{Grocers) hereby certify that
we (have carried on and) in-
tend to carry on trade and
business, as (Grocers), at
in partnership, under the
name and firm of , {or as
the case may be), or I (or we)
the undersigned, of , here-
by certify that I (or we (have
carried on ana) intend to
carry on trade and business
as at , in partner-
ship with C. D.. of , and
E.F., of , and that the
said,partnership hatii subsist-
ed since the day of ,
one thousand , and that
we (or I or we and the said
C. D. and E. F.) are and have
been since the said day, tiie
only members of the said
partnersliip.
Witness our (^or any of our)
bands at , this day of
, one thousand , {or
as the case may he).
No. 8.
In connection Avith article
2299.
NOTINO FOR NON-ACCEPTANCE.
{Copy of bill and endorse-
ment.)
On the , 18..., the above
bill was by me, at the request
of , presented for accept-
ance to E. F. the drawee,
personally, {or at his residen-
ce, office or usual place of
business) in the city (town or
village) of , and I have
received for answer " ;"
the said bill is therefore noted
for non-acceptance.
A. B.
Not. Pub.
, 18...
Due notice oftheabovewas
by me served upon ] p'r*' [
"- Inn'Sr} re-onaliy.
on the ,.of , {or, .it
his residence, or usual place
of business in , on the
day of ,) or, by
depositing such notice, direct-
APPENDIX, PART I.
L CODE.
with article
-ACCEPTANCE.
and endorse-
•)
..., the nhovc
It the request
d for aocept-
the drawee,
it his residen-
tial place of
city (town or
., and I have
wer " ;'•
erefore noted
ice.
A. B.
Not. Pub.
he above wa?
on
[i
.B.J
D.,j
personally,
, (or, nt
usual place
, on the
....,) or, by
loticc, direct-
ed to liim, at ill Hor
-Majesty's poit oflice,' ui thi.s
city (town or village), on
t'"^-; day of , audpiv-
paymg the postage thereon.
A. B.
Not. Pub.
, 18...
No 3.
In connection with article
220J.
PKOTIST FOR NOX-ACCKPT.ANCE
OB Fun XO.V-PAYME.VT
OF A RILL I'AVAKLE
•iENERALLV.
{Copy of bill and endorse-
ment.)
On this day of
m the year 18..., I, A B., no-
tary public, for Lower Ca-
nada, dwelling at , in i
Lower Canada, at the re- '
questof ,dide.\hibitthe!
original bill of cxchauge, i
whereof a true copy is above i
written, unto E. F. , the!
f drawee 1 ., „ ;
1 acceptor; t'^^-'reof, person-J
ally, {or, at is residence, offi-
ce or usual place of business '■
in...... ,) and speaking to liini-
selt {or his wife, his clerk, or
his servant, &c.) did demand
223
I have proterfttMl, u:i,l |,v those
! presents do protect aLrainst
i the acceptor, drawer and
endorsers {or, drawer and
endorsers) of the said bill,
and other parties thereto, or
therein concerned, for uU
exchange, re-exchange, and
all costs, damages and in-
terest, present antl to come,
for want off acceptance )
( pavment \ "'
the said bill. *
M\ which I attest under
my signature.
(Protested in duplicate.)
A. B., Not. Pub.
(■acceptance) .\ „
1 payment {thereof; uato
which demand | ^^^ \ an-
swered, " "
Wherefore 1, the said no-
tary, at the request aforesaid,
Xo 4,
In connection with article
2203.
PUOTEST FOK NON-ACCEPTANCE
j OH FOR NON-PAYMENT OF
j A BILL PAVAHLK AT A
j .STATED PLACE.
\{Copy of bill and endorse-
j menis.)
I On this day of ,
in the year 18..., I, A. B.,
notary public for Lower Ca-
nada, dwelling at , in
Lower Canada, at the request
0* , did exhibit the
original bill of exchange
whereof a true copv is above
written, unto E." F., the
f drawee 1 ,, ,. ,
1 acceptor) thereof, at ,
being the stated place where
the said bill is pavable, and
there, speaking to , did
224
CODE OF PnoCEDURE.
(lo-
i<i;
HU
demand | 'i^^ccptance
I piirrm-nt
sajd hill ; unto n-hich'
maud ho auriwcred "
Wherefore I, the .^aid no-
tary, at the request aforesaid,
hav'„ protest(-d. and bv these
presents do protest against
the acceptor, drawer and
t^ndorsers (or, drawer and
endorsers) of the said, hill,
and all other parties thereto
or therein concerned, for all
exchange, re-exchange, and
all costs, damages and in-
terest, present and to come
for^vantofj "<'^^"
the said hill.
All which { attest under
my signature.
(Protested in duplicate.)
A. B.,
■^oL Pub.
cceptance )
Jiaymeiit J
of
I between Ihe irords " did ex-
hibit, " (/w tiord " again • "
■ . 'ind, 171 (I /><trcn//iesis''be(wl'en
> the words " written unto, "
\thervords " and which bill
\vas by me, duly noted for
non-acceptance on day
I of. last.'' ''
I J'Ut if the protest be not
made by the same notary, then
I It should follow a cop',/ of the
I original bill and endorsements
<tnd notinij marked on the
f'"'; (Hid then in the pro-
test introduce in a parenthesis,
between the words '•' Avritten
unto," the words " and which
hill was, on the day of.....
,. ^^' '•>' ••••; public notary
tor Lower Canada, noted for
non-acceptance, as appears
by his note thereof marked on
the said l»ill. "
No. n.
Ill connection with
2320.
article
PUOTEST FOR N-.n-paymeXT Of
A HILL .\OTEI), HUT \0T
rllOTE.STRD, FOR ^qX-
ACCEPTANCE.
Jf the protest is made hu the
same notary who noted the
bill, It should immediately
follow the act of noting and
inctnorandum of service therc-
f^^^%innin<j with the words
And afterwards, on &c , "
coTitinuing as in the last pre-
ceding form, but introducing \
No 6
In connection with article
. 2320.
PROTEST FOR XOX-PAYMEXT
OF A VOTE PAYABLE
OEXEUALLY,
{Copy of note and endorse-
ments.)
. On this day of
>n the year 18...,' I, A. B.
notary public for Lower
Canada, dwelling at in
Lower Canada, at the 're-
quest of... , did exhibit
the original promisso. • note,
whereof a true cojiy is\above
written, unto i., the pro-
APPENDIX, PAUT I.
225
rd " again ; "
niissor, personally (or at hlal
residence, office or nsuul place
of business, in ). and
speaking to himself (or Iiis
wife, his dork, or his ser-
vant, &c.), did demand i»av-
tuent thereof ; unto which
demand { ^1^^ } an-
swered " '
Wherefore I, the said notary,
at the request aforesaid, have
protested, and Ijy these pre-
sents do protest against the
promis9or and endorsers of
the said note, and all other
parties thereto or therein con-
cerned, for all costs, damages
and interest presc.it and to
come, for -want of payment
of the said note.
All which I attest under
my signature.
(Protested in duplicate.)
A. B.,
Not. Pub.
No 7.
In connection with article
2320.
PHOTEST FOn NON-PAYMENT
OP A NOTE PAYAHLE AT
A STATED PLACE.
{Copy of note and endorse-
ments.)
On thi3
the year 18..
ni})lic for
day of.
• ) 111
., I, A. B^ notary
Lower (Janada,
-ellingat , in Lower
'-^anada, at the request of. ..,
did exhibit the original pro-
pul
dw
missory note, whereof a true
copy IS above written.unto...,
tlie proniissor.at , l)cing
the stated place where the
said note is pavahle, and
there, -speaking to , did
demand payment of the said
note, unto which demand he
answered " '
Wherefore I, tlie said no-
tary, at the request aforesaid,
have protested, and by these
presents do protest against
the promissor and endorsers
of the said note, and all other,
parties thereto, or therein
concerned, for all costs, da-
mages and interest, preseiit
and to come, for wantof pay-
ment of the said note.
All which I attest under
ray signature.
(Protested in duplicate.)
A. B.,
Not. Pub.
No 8.
In connection with articles
23 ')3, 232G.
NOTARIAL NOTICE OF A NOTING,
OR OF PROTEST FOR NON-
ACCEPTANCE, OR OP A PRO-
TEST FOR NON-PAYMEN ' OF
A BILL.
{Place and date of noting or
of protest.)
[First.]
To P. Q. {the draiver), at
Sir,
. r. ^^^^ ^^^1 of exchange
for$ ,datedat .,
226
CODJt OP PROCEDCHE.
J''^ ••••••- upon E. F., in
favor ofC. D., payable .
"JJ3 day, at the re.iuest of...,
duly J"oted \
^ 1 protested j '^y »e
for ( "on-acceptance. )
I iion-payment. j
A. B.,
^oi. Pub.
No. 9.
In connection uith article^
2303, 232G.
NOTARIAL NOTICK OF PROTEST
FOR NON-PAYMKNT OF
A NOTK.
(Place and date of protest.)
To
• at.
{Place and date of noting or
of protest. )
[Second.]
at.
Sir,
Mr. P. Q.'sbillofex-
i^liangeforl ,dated at...,
*"*^-"- 7 upon E. F., in
your favor (or in favor of
U. L).), payable... .days after
I sight, ) , . •'
1 date, I and by you en-
dorsed, was this day, at the
request of. ,duly
f noted ) , ^
I protested / ^y ™e ^or i
f non-acceptance. \
I non-payment, j
A. B.,
A'^9^ Pub.
SiR.-Mr p. Q.'apromisso-
ry note fori dated at
^^^ > payable j months [
afterdate to {g>;o{]"o';o,.
der. and endorsed by you
was this day, at the request
^'••u- > duly protested by
meforaon-payment.
A.B.
Not. Pub.
No. 10.
In connection with articles
2303, 2326.
ACT OF NOTARIAL SERVICE OF
NOTICE OF A PROTEST KOK
NOX-ACCEPTANCK OR NON-
PAYMENT OF A BILL, OR OP
NON-PAYMF.KT OF A NOTE
(TO BE SUBJOINED TO THE
PROTEST.)
And afterwards, I, the
atoresaid protesting- notary
public, did serve due notice
in the form prescribed by law
:-i^
APPENDIX, PART I.
0. 9.
n u ith article-
', 232G.
riCB OF PROTEST
PAYMENT OK
■ OTK.
ate of protest.)
Q.'a promisso-
■• , datedat
rdaya
1'
)
)r or-
ble -J months
(on
you 1
i. F. 1
)raea by you,
at the request
protested by
ment.
A.B.
■N'ot. Pub.
10.
with
326.
articles
h SERVICE OF
PROTEST FOR
CE OR NON-
L BILL
, OR OF
OF
A NOTE
INED
TO THE
rds,
I, the
ting
s due
ribed
notary
notice
by law
of the foregoing protest for
r non-acceptance )
1 non payment j °^ "^^^
(note } thereby protested
"P"" { C." D." } the
f <1 rawer )
(endorsers j personally, on
tbe day of [or at
his resuience, office or usual
place of business in.
o"th,e ....day of ;'o;;
ny depositing such notice,
directed to the said I ^-Q'}
at .......... in Her Majesty's
post office in this city (town
or village), on the day of
■........, and prepaying the
postage tljgreonj.
In testimony whereof I '
have, on the last-mentioned
day and year, at afore-
said, signed these presents.
227
A. B.
Not. Pub.
No. 11.
In connection with articles
2304, 2305, 2320, 2327.
PROTEST OF A JUSTICE 0.' THE
PEACE (wifERE THERE IS No
NOTARY) FOR NON-ACCEPT-
ANCE OF A BILL, OR NON-
PAYMENT OF A BILL OR NOTE.
{Copy of bill or note and en-
dorsements.)
. On this day of
in the year 18....' I, N
one of Her Majesty's justices
ot the peace for the district of
; "I Lower Canada, dwell-
ing at (or near) tlie village
*^t ••.., m the said district,
there being no practising no-
tary public resident at or near
the said village, {ornm; other
Legal cause), did, at the re-
9"«^tof. , a householder
in the said district, well
known unt(» me, exhibit the
original {^biU j „, hereof a
true copy is above written
^ (drawer
untoP, Q,, the j acceptor
,, „ (promissor
thereof, personally,, (or at
1)13 residence, office or usual
place of business in )
and speaking to himself (his
wife, his clerk, or his ser-
vant, &c.), did demand
I acceptance ) ^,
1 payment J thereof unto
It'll
}
an-
which demand | 'j® {
swered '' '■".
Whereof, I, 'the said justice
otthe peace, at the request
aforesaid, have protested, and
by these presents do protest
against the
drawer and endorsers
promissor and endorsers
acceptor, drawer and
endorsers
ofthesaid{J>j;i }and all
other parties thereto and
therein concerned for all ex-
change, re-exchange, and all
costs, damages and interest,
present and to come, for
want of f acceptanc
(. j)avment
the said I ^''1 I
(.note. J
of
228
! fl
CODE OF PROCEDrRE,
All which is by these pre-
sentB attestod under the sign-
ature of the riaiii {the n-itness)
and under my hand and seal.
(Protested in duplicate.)
(Sii/imtnre of (he wilne.'^s.)
(.^iunatureandsealoflheJ.P.)
No. 13.
No. 13.
In connection with article
2337.
SCHEDULK OF KEES AKr>
CHAU(;ES,
_ . $ CtS.
i< or presenting and not-
ing any bill ofexchan-
ge, and keeping the
same on record l OO
Copyof the same when
required by the holder 50
■For noting and protest-
ing for non-payment
any bill of exchange
or promissory note,
draft or order, and
putting the same on
record j qq
For making and fur- |
nishing the holder of
any protest for non-
li, ;,, acceptance or non-
payment, with certifi-
cate of service and
copy of notice served
upon the drawer and
endorsers o 50
I'or every notice, in-
cluding the service
and rocordin"' copy
of the same, tt^an en-
dorser or drawer, in
addition to the post-
ages actually paid... 50
In connection with article
2134.
FORM OK A DEED OF H.VIUJAl.V
A.M) 8ALE EXEC [-TED llEFOHE
WITNESSES.
Of
This deed, made the dnv
. &c
of.
, between A. B'.,
, <fec., of the one part,
andC. I)., of. ,.tc.,ofthe
otJier part, Mitnesseth ; That,
for and in consideration of
the sum of. to the said A.
B. in hand paid by the sairl
C. D., at or before the execu-
tion of these presents (the
I receipt whereof is hereby ac-
knowledged ])y the said A.
i>-)) he, the said A. B., doth
hereby grant, bargain, sell
and confirm unto the said C.
D., his heirs and assigns for
ever, all that certain lot of
land, &c., {insert here a de-
scrihtion of the property sold):
lo have and to hold the said
lot of land and premises here-
inbefore granted, bargained
and sold, or intended so to
be, with their and every of
there appurtenances.unto the
said C. D., his heirs and as-
sings for evei-. In witness, &c.
A. B. [L.S.]
C. D. [L. S.J
Signed, sealed and") ^^ ^
delivered, in the } ^- V
presence of J ^^- "•
Al'PE.NDIX, PART I.
229
). 13.
)n with artich'
:K1) ok HAH(iAI.\
:('rTED liEFOHE
KSSKS.
iiiido the fUiy
etwee 11 A. B".,
' the one pfirt,
, A'c, of the
nesseth ; That,
Us^idemtion of
to the said A.
id hy the said
fore tlie execu-
presents (the
f is Iiereby ac-
}■ the said A.
d A. B., doth
barp-ain, sell
to the said C.
id assigns for
certain lot of
ert here a de-
iroperty sold):
hold the said
n'eniises here-
'd, bargained
tended so to
and every of
nceSjUnto the
heirs and as-
11 witnes3,&c.
B. [L.S.I
D. [L.S.J
and) p, ^
No. 14.
In connection with article
21'!9.
MKMOUI.M, OF A OKEI) OF HAR-
GAIX AMI SAlK KXKrCTKlj
HEKOItE W1TXE.SSES.
No. 1.-..
A nicmorial to be register-
ed uf a deed of bargain and
Nile, bearing date the
'lay of , in the year of our
Lord , made between A.
B-, of esquire, of tlie
one part, and C. D., of
i-c. of the other i)art {a full
leKcription of the parties to be
inserted, as in the deed), by
which said deed the said A.
B., for the considerations
therein expressed, did grant,
tiiirgain, sell and confirm un-
to the said CD., his heirs
and assigns, all that, &c.,
(insert a description ot'thej>ro-
perty sold) ; To hold to the
said C. D., his heirs and as-
signs for ever : Which said
aeed is witnessed, &c. (spe-
cify here the iiames oftheivit-
nesses to the execution of the
deed) : and the said deed is
required to be registered ))y
the said C. D. As witness
l;ishand, this dav of ,
CD.
Signed in the presence of
In connection with article
2041.
MEMORIAL OF A 'lEEP OF liAR-
(iAIN AND SALE, l!V WAV
OF.MOIlTOAfiE, HEFORE
WITNE.S.SES.
J. K.
L. M.
A memorial to be register-
ed of a deed of bargain and
sale, bearing date the dav
of. , in the year of our
Lord , made' between A.
^^v of :, iVc, of the one
part, and C. D., of. , &c.,
of the other part, by which
said deed, the said A. B. ot
J did grant bargain, sell
and confirm unto the said
C. D., hi; heirs and assigns,
all that, <fec. (here insert a
description of the viortyaged
premises) : to holdt o the
said C. D., his heirs and as-
signs for kcver,... subject, ne-
vertheless, to redemption,
upon payment to the said C.
D., his heirs, executors, cu-
rators, administrators, or a.*-,
signs, of the sum of. dol-
lars, and lawful interest, as
in the, said deed is expressed :
which said deed is witnessed
{specif II here the names of the
u'itnesses as inform 14) f and
the same deed is hereby re-
quired to be registered by the
said CD. As witness his
hand, this dav of, &c.
C. D,
Signed in the presence of
E. F.
G. H.
230
il
CODE OF PROCEDtJRK.
No. 16.
Ii if
V \ I
m\
hi connection m itli iirticics
2<m, 2139.
MKMORIAL OK AN OXEUQUE UEKD
OK (ilKT ISTKH YIVOS,
A nioniorial to be rerrister-
ed of aiiotiimlcopvofadced
otgitt inter viva.s, beariri<r
date at....... on the da^
ot.. in the year of our
t^ofd , made between A
^' «*, ^^■> (and CD., his
wife by hiui i„ this behalf
dnly authorized,) of the one
part, and E. F. of. kc, of
li:^(i other imn, (a fuil descrip-
tion oj the parties to be insert-
ed, as in the deed) .- Ijefore G
■H-, public notary and wit-
nesses, (or before J. K., and
another, public notaries as
f/ie case may be,) by which
said deed of gift, the said A.
B., and C. \y., his wife, did
give, grant and confirm unto
the said E. F., his heirs and
assigns, all that, &c., {insert
a description of the property
convci/ed by the deed of (lift '■')
to hold to the said E. F his
heirs and assigns for ever •
subject, nevertheless, to a
certain life-rent, consisting
ot &c., ^.here insert the parti-
culars ofudiich the life-rent is
composed ;) which said life-
rent IS payable by the said
r i^ ^^^'^^ ^^''^ A.B. and
^ D., his wife, each and
every year duriuQ- the term
ot their natural iTves, as in
the said deed of gift inter vi-
vos, is expressed : And the
said deed or gift is hereby
rcmured to be registered la
(the said E. F.) As wjtt.t.;.
his hand, this day of
&c.
«• , • , r^- ^■'■
bigned in tJie presence of
L. M.
N. 1>.
No. 17.
In connection witli the arti-
cles 2098, 2139.
MEMORIAL OK A WILL, OR of K
PIUMMTK, OR AN OFFICF
COPY, OR A NOTARIAL COl'V
THKEEOF.
A memorial to be reiq-
tered of the probate (,,r?ot
the original will, or an office
or notarial copy, or as i'*^
I case may be,) of the lasrwiil
and testament of G. II., kt-
ot.... , bearing date. Ac,
by which will tlie said tes-
tator did give and devise
unto, &c., (a« in the u-ill)
to hold, &c.; which said will
was executed by the said tes-
tator, in the presence of A.
?• ^^V*^^-' ^- ^- of» ^^c-:
And the probate of the said
will, (or, the original, or a.
othce or notarial copy, or a.<
the case may be,) is' herebv
required to be registered bV
(U. L\, one of the devisees
therein named.) As witness
his hand, this...,....d"v of
Q. , . 0. P.'
feigned in tJie presence of
R. S.
T. V.
APPENDIX, I'AUT I.
231
I to be rcpistcroil \.\
I'i K. F.) Ah wit,,,:.
') tins (lay of
Xo. 18.
ctioii with the arti-
es 2098, 2139.
- OK A WILL, Olt OKA
'!•'; on AN OKl'lCK
•R A KOTAKIAL Coh
IF.
10 rial to he regi?.
the j)robate {or" ot
lal will, or an office
al cop3-, or as ihs
!^e,) of the last will
iK'nt of G. II., lat>'
•earing date. 4c.,
Avill the said tes-
give and devise
, (as in (he 7vill.)
c; which said will
ted by the said tes-
he presence of A.
, C. D. of, Ac;
rebate of the said
he original, or ai.
)tarial copy, or as
uy be,) is' hereby
' be registered bv
e of the devisee's
ned.) As witness
Iiis...,....d"v of. .
0. P.
iJ;e presence of
R. S.
T. V.
In connection with the
articles 2098, 2i:{9.
MK.M0niAL or A NOTAHIAIi
OIILUJATION.
A nu'inorial to be register-
ed of a notarial copy of a
notarial obligation (or of the
original, if it be the original,)
liearing date the day of..,
in the year of our Lord ,
made and entered into by
A. li., of. , Ac, before E.
F., j.ublic notiiry and ^Tit-
ncsscss, {or before G. 11. and
aaother, public notaries, if
the ease he .fo,) wherel y the
said A. B. owned himiiidf to
l)eindel)ted to C. D., of. ,
&c., in the .sum of. dollar.?,
to be paid, &c...... and for
securing the payment of the
said sum of monev and inter-
est, hypothecated all that, '
&c., {insert the description of\
the hypothecated premises, as j
contained in the notarial ofdi-
gation:) Whicii said notarial i
copy of the said notarial obli- !
gation is hereby required to
be registered by the said CD. !
As witness his hand, this... '
day of. ,&c.
C. D.
Signed in the presence of
J. K.
L. M.
No. 19.
In rnnuection with the
articles 2117, 2139.
MK.MOIUALOFTIIEAPPOINTMKXT
OF A TITOIl TO MINOHS KOK
TIIK I'liK.SKKVATION oK TlIK
LKIiAL Oli TACIT flYl'OTIIKC
UKSILTI.NO KRO.M .SCCM AP-
POINT. MK.VT,
A memorial lo be register-
ed of the appointment of
A. B. of, &c., {insert the place
of abode and addition of the
tutor ;) to l)e tutor to C. D.,
' E. F., &c., minors under the
I a^e of twenty-one years, i.-;.sue
\ of the marriage of the late
', G.H., {the name of I /w father)
I deceased, with the late J. K.,
j {the name of the mother) also
I deceased, which appointment
I was made b^ and under the
authority of L. M. {insert the
name and description of the
Judye by ivhom the appoint-
7nent has been made ;) at kc.
{the place lohere the appoint-
ment was made, on the......
<l»iy of , in the year of our
Lord , and the said ap-
pointment is hereby required
to be registered, for the pre-
servation of the hypothec re-
sulting therefrorn, on the
real estate of the said A. B.,
situate in the of {the name
of the reyistration county or
division ivithin which the re-
gistration is to be made, and
describe the property) by N.
0. of &c. {insert the name
and description of the person
requiring the registration) . As
W\.^-
232
>~i 3
CODE OF I'UOCEDrnE.
N. 0.
Signed in the presence of
0. P.
R. S.
No. 30.
In connection with the
articles 2121, 2139.
MEMoaUL OF A.;LTnaME.,T.
No. 31.
rn connection with artici,.
2I5I. '
CKnT.FKATK of oihcUA,,,
f' )M A ,;rf..,ME.VT ^vn,ru
"AS HKK.V HKril.STEUKI..
To the registrar of.
A memorial to be retristero.l
of a judgment in UefTa.t
U 3 court of. ,at , in
the year of our Lord 'be-
tween A. B., of..... '/n
Plamtur, and C. D of '
«c., defendant, for.'.....doii.l
ars, with interest from, &c
and costs taxed at...dolkrs ■
lendered on the day of
the said month of , and is
hereby reouired to be regis !
ered by (tlie said A. B.) As
ofT.T&c ^^"'^' ^^''-'<^iy
A. B.
''•'itii paid n,e the sum r
n'oney ,lue upon a jud ^ 'f
recovered in' Her 3 ar,"tv
court of... nt ^''^^''.^ >
yoarofouri'oS ' " /''^'
the said 4 R •' - "'"''
saidC D f^: -Wnst the
;;ebt and.:.:!^oiiarsf '^ :;:-
tiie year of our Lort
the same is reiistered nn
suant tolaw ' ' "'
As witness my hand,''tli'.
•••• tJay of i ' ,
yecvr of our Lord
Signed in the presence of
J. F.
T. P.
■S!~ .•.-;A. B.
Signed in the presence of
/•Km of. ,&cr
APPENDIX, PART I.
233
No. «2.
Xo. 33.
In connection with article
2151.
A CERTIFirATK To PLSCHAnoE
A MORT(iA(}E.
To the registrar of... .
I, A. B., of Ac, {the mort-
gagee in the <I,'e,/, or his hfiri^,
executors, curators, or ndmi-
nistrators,) do hcrehv certify
thatC. D.,of,.S:c., iiathi.ftl.i
the sum of money due upon
a deed of mortgage, bearini;
J>ite the dav of , in
the year of our Lord...., made
between the said C. D., of I
the one part, and me, tlie
said A. h. (orE. F., as the
ease mnv be,) of the other
part, which was registered
o« the. day of. , in the
vearofour Lord ; and I
hereby require an entry of
such payment to be made in I
the register,wherein the same
IS registered, pursuant to law
As witness my hand, this...
day of...,.., in the year of our
Lord
A. B.
In connection with article
2 LI I.
A CEUTIFICATE To DI.SfU.UUJK
A NOTAIUAL ofir.KJATIo.V, AND
K.VTIN(ii:SH TIIK KVPOTHKC
THKUKIJV CoNSTITITKI).
To the Registrar of.,
Signed in the presence of
of.,
0. P.,
R. S., 01
.&c.
.,&c.
f, A. B., of, *c.. {the hifpo.
thecary credit nr, !,is heirs,
executors, curators or admi-
"'•'^'■«'«^7») (h) hereby certifv,
that C. D., of Ac, hath paid
the sum of money due upon
a notarial obligation, bearing
;late the... day oL , ir?
the year of our Lord,
made by the said C. D., to
me, and in uij favour, {or in
Javour J O. u., as the case
mat/ ^.t,)as the obligee therein
named, before E. F., public
[notary and witnesses, (or
I'efore E. F. and another,
[•nbhc notaries, as the case
may be,) which was register-
ed on the dav of. , in
the year of our Lord ;
and I do hereby require an
entry of such payment to be
made in the register, wherein
the same is registered, pur-
auantto law.
As witness mv hand, this..
?^y of- , in the year of our
Lord
o- J . A. B.
feigned m the presence of
J.K.
L. M.', of.,
&c.
234
f
itj I.
.¥ V ' ; i
I ; t ■ i
I i
; I
CODE OP PROCEDURE.
Xo. 24.
In connection with articles
2115,2120, 2121.
registrar
To the
County (or
division) of..
for the
registration
No. 25.
SiK,— I hereby notifv you
that the following real pro-
perty, lying in your countv
(or registration division) tha>
IS to say— (describe the rro-
perty mj/icienth/, as then re-
quired by the civil code.observ-
"\9 the requirements of article
21b8, if It is then in force in
such counti/ or registration
dinsion,) is now in the pos-
session of A. B.. of. , as
his property; and I give Vou
this notice, to the end that
the sa.id property may become
bound and effected by the
general hypothec on the lands
and real property of... , of
created by {describe the ins-
trament us in form, No. 36 )
which is already registered
(or herewith filed for regis-
tration) in jour office, in
favourofC.D.,of , 0^,,"
m whose favour the hypothec
exists) and may be indexed
by you as being so bound and
aiiccted.
Witness my hand, this....
day of. , 18....
E. P.
In connection with article
2131.
To the registrar for the coun-
ty (or registration division)
of '
Sir,— Take notice, that I
hereby renew the registration
of the hypothec created hv
the {describe the instrumnn
as in form 24), registered in
your office, on the day
"^••••••'18 and binding''
and affecting the following
property lying in your countv
{or registration divigion).
that IS to say ; {describe th
property as inform 24), which
property is now in the nog-
sessioaof C. D., of. he
as the owner thereof. "
Witness my hand, this.'
day of. , 18...
E. F.
{Quality in which E. F. acts)
No. 2G.
In connection with article
2172.
{Quality in ivhieh E.F. acts.)
To the registrar of the county
{or registration division)
of ^
Sir,— Take ootice, that the
property- mentioned in and
affeetca by the {describe the
instrument as in form 24),
hied for registration in your
office, on the day of
No. 25.
tion with article
2131.
strar forthecouii-
istration division)
ke notice, that I
w the registration
)thec created l,y
''e the insfrumr-nt
24), registered in
on the da.v
-.., and bindintr
ig the following
tigin your county
ation division),
ly ; {describe fh-e
'i/orm 24), which
now in the pos-
• D-,of. kc„
f thereof.
y hand, this
8...
E. F.
uhieh E. F. acts)
K 36.
'n with article
172.
ar of the county
ation division)
fliOtice, that the
tioned in and
e {describe the
■ «w form 24),
ration in your
day of.". ,
APPE.VniX, PART 11.
IS..., IS ,>roperly descrilted
under the provisions of arti-
cle 21G8 of the civil code, as"
follows : (Inxert the descrip-
tion as required by the said
article, showing clearly of
what number or numbers, or
what part or parts of am/ 1
number or numbers in tfiel
235
proper plan and book of refe-
rence, such property consists,)
and 1 mve you this notice
under the requirements and
lor the purposes of the said
article.
Witness my hand at this
day of, 18...
A. B.
PART SECOND.
FORMS CONNECTED WITH CIVIL PROCEDURE.
No. 27.
In connection with article 69.
grown up person of his fam-
ily at hts domicile in the said
County : and Deponent hath
signed.
A. B.
■^- B., of , being duly
sworn, doth depose and say,
(that he is a Bailiffentitled to
serve process of the County
Court of the County of .,
in Upper Canada,) and that
he served the within Writ of
Summons on C. D., the De-
fendant (or as the case may
he) therein named, on the
AFFIDAVIT OF SERVICE UNDER
ARTICLE SLXTY-N'IVE OF THE
CODE OF CIVIL PROCEDURE, I Sworn before me, at thi<,
TO HE EN-DORSED QN THE dav of Is'
WRIT OP SUMMO-VS. ' '
J. P.
Signature of the Commissioner
or Justice of the Place.
,,[N. B. — Omit the words
that he is a Bailiff entitled
to serve process of the Countv
Court of the Countv of.,
in Upper Canada,' '—whe'n'the
service has been made by a
person who is not a Bailiff', or
being a Bailif is not entitled
Court in such Couniij.]
• day of.,
18.
at.
o'clock in the'. at ,
in the said County, by deli-
vering to him personally a
true copv of the said Writ
{or as the case may be) by
leaving a true copy thereof
tor the said C. D. with a
20
236
|(, i
CODE OF PROCEDDRE.
N'O. 38.
In connection with arti-
cle 91.
No. 29.
Iq connection with arti-
cle 91.
'™r.,r™™--™j;-: "--:-, r,r»""-
Lower Canada }
District (orCircuit) of J
Lower Canada ]
District (or Circuit) of j
In the superior (or circuit ' Tn ♦), . • .
court) ^"^cu't In the superior (or circuit)
' ^ court.
A. B.,
C. D.,
vs.
Plaintif,
Defendant.
A. B.,of.. the plaintiff,
(or one of the plaintiffs) in
this cause, being duly sworn,
nm n?'P°'\^'?^ say, that the
sumof. being the amount
demanded of the defendant
tiffs) therein, for the causea
n his (or their) demand men'
ncnt hath signed, (or hath
declared hinfself ' uiable S
aign being thereunto duly
required.) •'
Signature, A. B.
Sworn before me at
t^« day of , is.';;;
i I
J. s. p.
Signature of the iudae. «-«-
thonotary, clerk or' com-
misstoner.
^- ^■\ of. , being duly
sworn, doth depose and say,
that to his personal know-
edge, the sura of , being
tlie whole (or part, as the
case may be) of the amount
demanded of the defendant
"1 this cause is justly due by
him to the plaintiff (or plain-
tffs) for the causes in his (or
their) demand mentioned •
and the said deponent hath'
signed, or hath declared him-
self unable to sign, beincr
thereunto duly required).
Signature A. B.
Sworn before me at
this day of 13.'.'''.l
J. S. P.
Signature of the Judge, pro-
thonotary, clerk or com-
futistoner.
No. 30.
APl'ENDIX, PART li.
237
A PEUSON OTHER
^-INTIKF.
In connection With article
330.
THE OATH TO IJE ADMINISTER-
EH TO EXPERTS.
I, A. B., of th.^ parish of
••;•■., in the county of,
(if there be iivn or'more per-
sons to be sworn iMu, J, A B
f- : a»JI. C. /)„of. 'ii
do make oath and swear that'
in the presence of F v. .. |
plaintiff, and G. Ii , .^e de!
tendant named iu ;,■. JMterlo-'
cutory judgment pronounced i
in {liere insert the name of the 1
court) in the district of'
bearmg date tlie day*"of
....... or in their absence
jitter aue notification shall
lave been given them, to at-
tend at a place to be design- i
i'^';^' '^"''^'i'\^la.y and hour i
to be specihcally named to '
;;nera respectively, I will '
faithfully proceed as an ex!
pert to the view and exam'i- '
nterlocutory sentence ; and
that I will truly report my
•opinion in the premises
;vithout favour or ^artTah?^
7;Fds either of the sa J
parties ; So help me God '
; commissioner of the superior
; court in the district of
I >\f ,f '-fltdegate authoVized
i p) tlie commission (or the
Judgment, as the case may he)
(".'^/f^'Oat on the day
! of the month of in t 'e
year ' "'®
No. 33.
In connection with article
No. 31.
CEaTIFfdATE, TO HE MADE AND \
SIGNED BY THE COMMIS-
SIGNER, OP THE DUE ADlfl- '
NISTRATION OP THE OATH, j
Sworn before me a;
iTHE OATH TO liK ADMINIS-
TEUED TO WIT\E.SHE.S.
,J'f •••:••> O'isrrt the name,
.prrtfesston or qnalitn and place
■ 'V residence ot the xcitness) do
! make oath and swear that I
i am not related or allied to,
V I ";'!"'''"V .^'" ^lomestic of
b.F the plaintiff, or G. H..
the defendant, and that f am
not interested in the event of
tfiem, {orifrcHness says he is,
I state m what decree he decla-
I res himself to be related or
, allied to either and which of
' t\^'?J*'-'- r """'"^ -^it'/'ition
: ^'Jioldstn the family of either
o/Mm,) and I do also swear
; that the eyidence which I
sha 1 give between the said
parties before the experts (or
arbiters or arbitrators as the
case may he), named in the
mtcrlocutoiy judgment pro-
nounced by {here insert the
name of the court), in the said
cause, shall be the truth, the
whole truth, and nothing but
the truth; So help me God
23R
CODE OF PUOCEDPBE.
II. f
No 33.
No 34.
In connection with article' In connection w.th articl.
°^- 049.
I oALK.
Canada,
Province of Quebec,
District (or circuit of...
In the superior (or circuit)
court.
A. B., plaintiff, vs C. D., de-
fendant, and G. H. onpo-
sant.
G. H., of , the oupo-
sant, (or one of the opposants
iri this cause), {or of her per-
son, as the case may be) beino-
duly sworn doth depose and
say, that the facts articulated
and set forth in the annexed
opposition, and each and
every of them, is an<l are
true; and that the said oppo-
sition is not made Mith Vnv
intent unjustly to retard o'r
delay the execution of the
judgment recorded in this '
cause, but that the same is
made in good faith for the
purpose of obtaining justice
and the said deponent hath
signed (or hath declared him-
sell unable to sign, being
thereunto duty required).
Signature, G. H.
Sworn before me, at.,
this day of. 18...".'.'."
T p
Signature ofthejmlje',pro-
thonotary, clerk hr com-
'niissioner.
I Public notice is herehv
Iptven, that the undormen-
; tionod lands and tenement^
have been seized and will be
sold, at the respective times
and places mentioned below
: All persons having claims o-i
' the same ^vhich the registrar
IS not bound to include in
his certificate under article
700 are hereby required to
make them known accordintj
tu law. All oppositions to
withdraw, to amnul, to ge-
cnre charges, or other oppo-
sitions to the sale, except in
I cases of venditioni exponaa
are required to be filed with
the undersigned, at his office,
previously to the fifteen dav,-
next preceding the day of
sale. Oppositions for payment
may be filed at any time with-
1 in SIX davs next after the re-
• turn of the writ.
No J''ieri facias.
'. A B., of the city of
in the county of , in' the
districtof. , against C.I).,
pf....... in the county of ,
in the district of f, (as the
case may be,) {insert the des-
enptton of the land or oih^r
mmoyeable property, parish,
seigniory or township, ajid the
county and district in tchich
the same is situate,) in the
i«- <tl,.u .
APPKNDIX, PAIIT n.
EMK.NT OP sheriff's
SALK.
notice is herohv
'at tlic uiidonne/i"-
nds and tonemcnts
seized and will bo
he respective times
s mentioned below.
IS having claims o;i
•vbich the registrar
und to include in
cafe under article
lereby required to
1 known according
UI oppositions to
to amnul, to se-
es, or other oppo-
the sale, except in
enditioni exponas,
'd to be filed with
gned, at his office,
to the fifteen davs
ding the day of
itions for payment
latanytime with-
next after the re-
writ.
' the city of ,
ty of. , in the
• •, against C. D.,
le county of ,
ct of , (^asthe
) {imeri the des-
he land or other
m-operty, parish,
owns hip, and the
iistriet in which
tuate,) in the
county, Ac, bounded, kc.
To be sold at , on the
i^ypj- .at o'clock in
the (forenoon): the said writ
returnable on the day of
next. ^
A. P.,
SheriJ}.
^0 ^^("nditioni exponas.
^0 ^^tat fieri facias.
No 33.
In connection with article
1065.
Lower Canada |
District (or circuit) of J
In the circuit court.
A. B,, of.
C. D., of.,
and
Plaintiff,
Defendant. \
^^'Pa) yictorla, by the grace
of God, 0*' the United Kintr. i
dom of Great Britain anli '
Ireland, Queen, defender of ;
the faith.
To C. D., the defendant
above mentioned.
Whereas A. B„ the plaintifTi
aforesaid, demand of vou the
2"™°/- due, by you to him'
tor {scaicsumcieulh/ the cause
0/ action) which said sum vou
have (as he saith) refusea to
pay him. (l/the action be to
recover a thing wrongfully de-
239
tained, .\r., vary th. .-itatcment
<>; the cause of 'trtion accurd-
\nyly. If there he a dedara-
tioH annexed, ref'r to it ■ and
omtftniff the rrords ufter'- the
pmintiff aforesaid," " .av
' ''ath, by his declaration
hereunto annexed, made com-
plaint against vou in the
manner therein 'sot forth.")
And the plaintiff pravsjudcr.
ment accordingly. ' °
Vou are theref'ore required
to satisfy the demand of the
said piainti/r in this cause,
with costs, or to appear in
person or by your attorney
before our said court, at the
court house at in the said
!;'f^»'t, at o'clock in the
orenoon, {omit these words if
the case be anpcahle), on the
I • "^y. or. instant {or
I next), to answer the said
i demand ; otherwise judc-
ment may be given againtt
you by default.
In witness whereof, we
bave caused the seal of our
s.^d court to be hereunto
affi-^ed, at this day of
1? the year of our Lord,
one thousand eight lumdred
E. F.
Clerk of the said court for the
f^aid district {or circuit).
■ij »
{
240
CODE OF PROCEDURE.
No. 3c.
In connection with articles
700, 935, 955.
TERTIFICATE OF THE RRQIS-
TKAIl.
t.o\vor Canada, \
County {or registration }
division of )
Privileges and hvpotheca
refeistercdinmyofficV^ whfch
cio not appear by the books
therein to have been wholly
discharged, and of which [
Tr! ""5^'^' i^'^ provisions of
the code of civil proceduS
of Lower Canada, required ^
to grant a certificate, at the'
instance of A. B.,'of.. '
(fisquire, or as the case ma^ ]
I'') the applicant named in '
the annexed notice of appli-
'•a ion for confirmation^of
ffoTtT'r^--^-'*^-' She-
riff of the district of.. .having
the execution of the annexed
no^ceofsheriff'ssale,.".!.^:,!
01 i. F.,&c., the party pro-'
fT^A^^ the licitation-^ men-
tioned ,n the annexed notice
;»''ofG.H. applying for
such certificate :.. " ^
First. Against the property
to which the judgment of
confirmation... o;- the said
notice of sheriffs salc.o.
he said notice of licitation
s to apply.-,,;, described in
the application of the said
^- H. ; the following, yiz ■
a hypothec (or. .;l-,„,,
mat/ be) created by a (de-
scription o/instrumenf) bet-
^'^•^^ and (names
find qualities of j>arfies\
bearing date thel.^.dav;?'
••••..18..., and registered on
'•"6 day o.... 18
Pffsed (if the in^irumentl'
notarial) before notarv
Public and his colleague
at....... as to which no"li,s
charge is registered (eras
(he case may he, meniioniT,,
( .y partial discharge remt
ierel) and the surn whi ,
appear to be due for pr
cipa and interest secVr d
' t^^"hi<^hhvpothec appears
;°^.^^ , and the retri.-
I f '■^tion of which hypothec
has not been renewed (
J^as renewed on the da"
"^"^^(^ form for anil other pn.
vilerjes or hm.othccs rini,.
^}^^-^d(ujamst mch prapitu
^v ho within ten years nevt
preceding the dkte of he
registration of the tittle
sought to be confirmed n,
•aforesaid, or next pi -
ceding the date of thenotice
ofsherirssale, o; ne$
preceding the date of the
noticeofsale by licitation
va* the case mai/ be) or
next preceding the date of
the application of the said
ot the said property, the
following, yiz ; ■}>''"'-
A hypothec created, Ac, (as
under next preceding had.)
f ^^rtijicate mder'ariicTe
^t77 of the civil code)
Against G.H., of. , & c !
the immediate author
APPENDIX, PART II.
ofthe party who owned the
said property at the com-
mencemontofthe said ten
vears, the follovrin?, vi?- •
A liypothec createil. kc (us
^^nder irecpdiufi heads'.^
If there IS no prinlcne or In/,
pothcc required t6 be certi-
Jied under anil one or more
0/ the Jorerjoing heads, the
tiegistrar will instead of the ,
"■" ' " 1';° f'j''<'7°«J R=«i»trar of „,o coun.v „,
sen the tvord] reeristratinn A\.-\.;.J I ^'^
241
"as the owner of tlie said
property in the vear 18
)Or,as the case >,,.,], he, men-
tioning all the/act's ko ascert-
nined) .- all which I iierehv
certify to all whom it nmv
concern. Witness my hau(f,
this.
day ot
K.,
No. 37.
In connection with article
701.
Lower Canada
District of
}
VIZ : ■' in<iert /A^ /"'"jr'"^'".""' "I ^"e counts
"Xone. '" ^''' "''''^1 '•egistration division of
Vntil plans and books of re-
ference , under articles 2\m
and 2m of the civil code
^retnjorce in the county or
registration divsion, the re-
ffislrar mag onat the first
Head. 4
If the registrar teas fiot able
to ascertain from the books '
and documents in his office \
who were the owners of the I A B of • *.
propertg during the ten years (or\ZLT"r-'^'^J^'^ ^'^^^^7
aforesaid, or xvho w'oi the' '^^S'Stration division) of
'ff^or of the party whS w^\ (o7 ^olZT'^ ^''^''^' «'^*''.
M^o.r;..rM.,';o/a<^;./J;„^:!7o7joS. affirmation) as
me7ice7ne7it of the said ten \ Th«ttnfi,.
, years, he icill add : hJlJ^-'^r'^'"''^^ ^'""ow-
And inasmuch as I was not fi l^ant a''b '^0^^' ^^'^ ^'-
able to ascertain, from the h 01 ahont'th;' ^-V ''''''>
books and donimon+o •.. i -^ ^"® .^<^ar 18 in
my office, who alHheli^'folSr '' ''''''' ^'^ ^^e
ers of the' property durTn J ' theVrn^^^ ^'^P''*^ ^''^^"''•'^^
were, (or whe was the
f^^ithor, &c., stating the re-
quisite fact or facts zvhich
'le was not able to ascertain
Jrom the^books or documents
\n tits qg,cc),—l have, there
hi
-.- I y ""'^'i' jJ'ircu was
' of the said propertg say,) waq
in or about the yearlS fn
possession as owners of (ic!,-
ertbe the t)art.\. forir^ip- La-t
fore; airrcq'&'w tLS' ! trkl ''°,"°"'"«P™Pe"y?5;
242
CODK OF PROCEDURE.
I S
W is
f M
years, declare in ihe same
matmer fhc time durinr) which
each oflhem hax possessed the
proi,ert>i or any portion of it A
and the deponent {or affir-
mant) hatli signed.
R. F.
Sworn (or solemnly affirmed^
before me, at , this
day of. , 18
L. M.
con-
>n order to answer the
testation of his claim.
By order,
R. S.
Prothonotary,
Registrar or Justice of the
peace for district of.
The words of the Joregoina
are to he varied so as to meet
the circumstances of the case*
in which they arc used.
No. 38.
In connection Avith article
751.
Lower Canada,
District of
In the Superior Court, {date.)
Present : X. Y., Judge.
A. B.,
Plaintif,
Defendant,
G. D.,
E. F.,
vs.
et
(^rianUer eolloquS.
It is ordered that the said
aj. .^.t Qduiuty and dumi-
c?/e) or his legal representati-
ves do appear before this
Court on the day of..."
No. 39.
In connection with article
7C6.
To C. D., of {stale here the
address and callinq of the
party) defendant in the
cause wherein the judg-
ment an authentic copy
whereof is hereunto affix-
ea, has been rendered.
. Takenotic* that the under-
signed, A. B., plaintiff in the
said cause hereby demands
of you, under and by virtue
of the provisions contained
m article 766 oftheCode of
Civil Procedure of Lower
article is hereunto subjoined
t\lT ^'''^^''' information
n the premises-that, within
thirty days from the personi^
service to be made unon you
f}"^ f"TO^"g certi^ed copy
e, w?fn^"^^?""t, togeth-
with this notice, you do
make and file the st/temen?
prescribed in the same article
in the manner and under the
penalties therein set forth.
of^""^"* '*fais day
A- B.
Plainiif.
(fTere insert a copy of the
said article.) ^ ^ •/ "^
answer the con-
his claim.
APPEXDIV, PAIiT If.
er,
claim
R. S.
Prothonotary.
10. 39.
;ion with article
766.
)f {staie here the
id calling of the
fendant in the
erein the judg-
authentic copy
i hereunto affix-
'n rendered.
e that the under-
, plaintiffin the
lereby demands
'and bj virtue
310ns contained
of the Code of
ure of Lower
opj of which
unto subjoined
ler information
(s—that, within
Jm the personal
made upon you
g certified copy
gment, togeth-
lotice, you do
the statement
le same article,
and under the
in set forth.
> this day
A- B.
Plainiif.
a copy of the
N'o. 40.
243
III connection with article
768.
Lower Ciinada,
District of....
}
In the Superior Court.
Xo
{hn-r state the number of
the action.)
A. B.,
Plaintifr,
Vs.
C D.,
Defendarht.
.Public .Yotico \i hereby
i?'veii, III pursuance of the
pronsions of article 7t,8 of
the Code of C.vil Procedure
ot Lower Canada, that at
[lie Iiour ot in the
"•^""'^f' ■•■tho dav'of
"fxt (or instant us" the
ra*e may he), or as soon after
tl.a hour as may be, at the
Court House at {or, as
Chambers of the Judge. (s«/-
monih, describuuj the same),
le said A. B., Plaintiff in
tins cause, will apply to
{napuny the Court, and indi-
eating whether the application
s to f,e 7nade to such Court, or
to a Judge thereof), for the
appomtment ofafitand pro- 1
per pei-son to be Curator to i
the property, real and per-
sonal, of the said r. D Do
fendant in this cause, who
has made and filed in the
^^'^c^oftheProthonotaryof
he said Court a statement
under oath of the same, and
also of his Creditors and their
c aims, together with a de-
claration that he is willin.^
to abandon his pn.pertv fo"r
ho benefit of his CnMiitbr^-,-
I the whole as by the said Code
required.
I .\nd all persons, creditors
:Ofthe.saidC. 1)., are hereby
"otified tlicn and there to
attend to make to the said
Court (or Judge, as the case
»'ayf>c) such representation
or statement in the premises
as they may see "
Given at"
of ,18
fit to make,
this day
A. B.,
I'lainti/.
y^o- 41.
lu connection with article
770.
Lower Canada
District of...
}
In the superior court.
■So, (here state (he number
of -the action.}
A. B.,
Plaintiff,
vs.
C. D.,
Pefendant,
and
E. F.,
Curator of the property
and effect of the said
i->cfendant.
Public notice is hereby
given, m pursuance of the
21
244
CODE OF PnOCEDURK.
rK*^^^"^'?"^ Of article 770 of
the Co.k. of Civil Pfocedun.
0/ Lower Caiui.la, that on the
......... (luy of. instant
(«r la>t past as the case mm,
'll'relhe address and callhw ot
J/jC/o^«/or,)uashyorWerof
idescnbc here (he court or
J^'cl',e in question), appointed
tobe C.irutoi- to tlic property
and effects, ofeverv kind real
and personal, of U.c sai'd C.
1^., Defendant in this cause,
abandoned In- the said CD
or the iK-nefit of his creditors
;,^o^S"'^'^'"^^'^'^°J^
nr'?i!\V'" I'^;'"so"^^> creditors
01 debtors of the said C D
are hereby notified and" re-
quired to govern themselves
in the premises accordinfriy
Given
day of...
at.
.18.
this.
■n a sum exceeding forty
of ?' *" ^'' ' '" ^'^ S""'
That this deponent ig cred-
'bl\ informed, hath every
reason to believe, and dotli
verily and in his conscie ce
believe, that the .said i'
'nimo.liately about to'Teave
he i.roviuee of Canada).
Y '<--> Imd to the belief (hat
Uf defendant is about to lear.
u L i'I''"'\"'' ^f Canada)'
I ^^ hereby thesaid ^vith
o.a the benefit of a warrant'
of attachment against the
body of the said .. uiav
be deprived of romer v
against the said...... ^'''a,?l
this deponent hath signed.
Sw-orn before me, .. this
day of
E. F.,
Curator.
(Or AH., Plaintiff, or O.D.,
Defendant, as Mc case may ie?.
No. 43.
In connection with articles
812, 813.
AFFIDAVIT FOR WARRANT qf
ARREST.
A. B. of t,„ u_,-
personally indebted to;.7;.'..... ,'
No. 43.
In connection with articles
812, 813.
WARRANT TO ARREST THR
PERSON.
«;;i; ^'\' F^fl'i'i'e, commis-
s oner o the superior court
m the district of To
;;•: -^"^^ to the keeper of
the common eraol of file s.iid
uiatnct, greeUng :
I command you, that vou
^'^^*^ "Of in 'the
APPENDIX, PART II.
nee of Quebee,
^?"°;y ?; in the
'"■.• ""'niiiii. with all due
Uiligenoc, convov to the
rommon -nol oi the said i
district, and dcdiver to the
keeper thereof, together with
this waimrit : {ind J do here- '
hy comniaiul you. the said'
Keener, to receive the said
and imri safelv keei» for the
Hpace of forty-eijrht Jiours.
245
and no longer, unless, before
the expiration of that time,
ii writ of caj>i(is itdreHfion hu- ^
■/«w he duly served upon him
to compel him to be an.l ai)-
pcar personally in the sui.er-
lor court for the said di-^trict
on the day of the return of
such writ, to answer of
of a certain debt, in-
terest and costs, amountino-
to the sum of °
Given under my hand and
seal, this day of
'"^he-. yearofHerprel
sent Majesty.
Xo. 44.
In connection with article
828.
FORM OK BAIL-noXD.
Know all men by these I
presents, that we, Oiame here '
the defendant and hi.o ba'l \ '
are held and firmly bound to '
Kname here the sherifi]) BXiGvm
of the district of......... in I
LowerCauad.a,in thesumof!
Estate here the amount stvorn '
to and endorsed on (he rorit
mth Ueenl»,.the per centum
added Jor interest and costs,)
to be paid to the said sheriff
or Ins certain attorney, e\ei
nitors, administrators "or as-
signs ; for which payment, to
he well and hiithfullv m.ide,
^^e bind oursehes, and each
ofiis by himself, for the whole
and every pa-rt thereof, and
tny heirs, executors, and ad-
nmiistratorsof us, and e\"ry
of us,firmly by tliL'se present.-,
sealed \vith our seals, and
'ft^'J tiji.^ day of....... in
^''^ .year of the reign of
our sovereign lady Victoria,
'v.the ^race of God, of the
imed Kingdom of Great
main and Ireland, Queen,
Defender of the Faith, and
"1 tlie year of our Lord
one thousand eight hundred
and
Whereas the above bound-
en (fiame here the defendant)
iias been by the said sheriff
j arrested under and by virtue
lot a certain writ sued out of
I tlie superior court in the dig.
i*"^/ of ,at the instance
of {name here the plaintiftA
\ and to tlie said sheriff in liue
course of law delivered ;
The condition of this obli-
gation is such that if the said
{namv here the defendant) do,
on {state here the return day of
the lent,) or at any time I'.re-
viousl3^ thereto, 'or witiiin
cig.n duv.,- thereafter, give
good and sufficient security
to the satisfaction of the su-
perior court in the said dis-
trict or of any one of the
judges ofthe said court, that
246
(!:
J e, tho said („„„,, yj,^.^ .
n'n,.ef ,„to the oustoTiv of
the sai.l sheriff whoneveiMv-
'lu.red so to do l>v a„v on r
of the said court, or "of n u
.{";lge thereof, made «s ^
aw provided, or in ,lofa„ f
lebt for „-]„•,.,, , . thV'' i
Hith interest and costs; or
f'nij^.l'ix'vionslv tlerefo 0^
;mh,n eight daVstherafte'
J'"f '.'V^P^'cial bail, as by la u
proynled to ti.e action ^^'liS-
m the said writ ha. been ned
out as aforesaid, then thi.
obligation shall be vo 1 a d
and iff '"^""^'^'■^■^'->''
cd1if;?:!ieS^l.?;;"^^^'^-^-
CODE OF PnoCEDPnE.
Ih 3deponentfurther,.aith
Sworn before me. at
this ' ■
No.
Tn connection with articles
S42, 843.
AFFIDAVIT TO OirrAIXWAHRAXT
Of' ATTACJIAIE.NT.
«.i to^.. ..:! °f f"«i*'-
"'! ) in lUc Slim of . ('7-/^„.
r It .
c, -«.ij uunurs, to
■•-• , MI the Slim of. (//o,.^
*toe suecincthj the ca?)JZrr
indebtedness.) ^'''' ^-^l
No. 46.
'"connection with article
HAltiUNT OF ATTACHAlEXT.
A B..osqnire, commissioner
IdL£tT;r.-"^t-th:
^o greeting :
. f command vou n+ fi
01 and beloiiginu to
and the said..
vanie of,,
custod.) for the period of
TTA('n.ME\T.
APPENniX. PAHT If.
a a.-MM..„t issMin.; tV„n/tl ' , ^.Vc;^:;.; '^ V '^ ''.^-I-''^
"" '^"■'r """/ '»■) Ht j,t tin. . ^ '''''" "ninl-ovo (It's-
«'"t oftlif tiaiU... "- 7^^' • '"' the '.n of
j Aoticeistiieivforc^iven to
FORM OK .voiwcK ,.v TME e,ul!7''""''"'^' '^^' ^'^ inunov^
-VKWsi.Ai.Eu,s. I eoui" '"^;M'I>ear belbre the sai.l
^'^^trict of. f n';',!.^^"''^'' P"l,lication of th"s
' present notice, to an-;\ver to
I ""o "iHcn, tUe ronrt w li
Knon- all men that A. B ieable'h 't.V? ^'?''' '"^'°ov-
of he nansli of in the lit 1 Firsfin^^'',"'^ '^''^^'^""'^ sale.
"led in the othce of the siine ( i , ^
nor court under No nKj ^'^''^^) H. P.,
or the sale of an immoveable ProthonoUm,.
to wit: Alandcontainino-
arpents m front, by ""i::
depth, HI the first range of tie
seigniory Of. ,ir, tl.
of.
in tl
'le county of
le parish
ounued as foUows/to
^liich land
AVit
IS now occupied
bv D V (7 occupied
npo • V"/ '' ^^^ "ot been
occupied fo
years, and
was last occupiedl^^NO^nd
Il
248
CODE OF PROCEDURE.
il
Wi
m
No. 48.
In connection with article
905.
FORM OF WRIT FOR THK SALE
OF TIIK IMMOVEABLE.
To the Sheriff of the Dis-
trict of
VVhoreas the following no-
tice hath been given in con-
tormity witii article 903 of
the Code of Civil Procedure
of Lower Canada (recite the
notice) ; and whereas judo--
ment was rendered on the....°,
^'*y of. ^ ordering the
sale ot the immoveable des-
cribed in the said notice, you
are hereby enjoined to make i
the ordinary announcements '
thereof and to sell the said '
immoveable in order to the i
payment to the said A. B., of i
the sum of and
taxed costs, and voii'shaii
make a return of "this Writ
and of the oppositions which
have then been placed in your
hands on the
H. P.
of what \ title you are proprie-
tor, and (jive the date of tho
Acts or Deeds hy cirtue of
which you are such iiroprie-
tor.) ' ^
No. 50.
In connection with article
950.
No. 49.
la connection with article
908.
FORM OF APPEARAXCE.
I, B. r. a^)pear to answer
to the i-etition of A. B., as
proprietor of the immoveable
described in tli< aid petition,
by virtue of {state by virtue
Public notice is herebv
given that there has l)een lod'-
ged in the office of the protho-
notary of the superior court.
in the district of. , a {deed)
made and executed before
A. B. and colleague, notaries
public, on the day of.
between C. D. of....."., of the
one part; and V.. F. of ,
of the other part : being a
{sale) by the said C D. to
the saidE.F., of {a lot or a
parcel of land) situate, &c..
and possessed bv as pro-
prietor, for the' three years
now last past ; and all' per-
sons who have or claim to
liave any privilege or hypo-
i thee under any title or by
I any means whatsoever in or
j npon the said {lot of land),
■ immediately previous to and
at the time the same were
i acquired by the said C . D.
are hereby notified that appli-
cation will be made to the
said court on , the day
o^ f*-"' a judgment of con-
hrmation, and that unless
their claims are such as the
registrar is bound by the pro-
visions of chapter thirty six
ot the Consolidated Statutes
Ai'l'hXDlX, PART II.
249
lou are proprie-
the (late of the
l.s hji virtue of
■e such proprie-
50.
n with article
iO.
ice is iiereby
■e h.is l)een \od-
e oftheprotho-
suporior court.
>f- , A(deed)
:ecuted before
iague, notaries
(lay of.
of. , of the
K. F. of ,
art ; being a
sail! C D. to
of (a lot or a
) situate, &c..
by as pro-
e three years
and all' per-
5 or claim to
ege or hypo-
y title or by
tsoever in or
[lot of land),
iviouo to and
3 same were
e said C. D.
ed that appli-
made to the
• •, the dav
■jnent of coii-
that unless
such as the
d by the pro-
er thirty six
ted Statutes
for Lower Canada, to include
in jiis certilicate to be filed in
this case under the said act,
they are hereby recfuired to
signify in writing their oppo-
sitions, and file the same in
the office of the said protho-
iiotary eight days at least
before the said dav, in default
of which they will be for ever
precluded from the right of
so doing.
No. 51.
In connection with article
929.
Lower Canada, ) „ .
Distrctof.....}"^'^^"'^^-
Public notice is hereby
given that under and Vjy vir-
tue of a judgment of the
Superior Court sitting at ,
in the district of , on the
day of. , one thousand
eight hundred and , in a
cause in which A. B. (des-
cription at letwth) is defend-
ant ordering the licitation of
certain immoveables describ-
ed as follows, to wit : (here
insert the description of the
propcrlji lo he sold) the pro-
perty above described will be
put up to auction and adjudg-
ed to the last and highest
bidder on the day of.
next, sitting the court, in the
court room of the court house
in the said city (or town)
of subject to the charges,
causes and conditions con-
tained in the list of charges,
deposited in the office of the
piolhonotary of the said
court ; and any opposition
to annul, to secure charges.
or to withdraw, to be made
to the said licitation must be
filed on the oflice of the ]tro-
thonotary of the said court
fifteen days at least before
the day fi.\ed as aforesaid for
the sale and adjudicati^'i,
and failing the parties to tile
such oppositions within the
delays hereby limited, they
will be foreclosed from so
doing.
No. 53.
In connection with article
1269.
On the day of , in
the year one thousand eight
hundred and at. ...o'clock
in the noon, before the
undersigned public notaries
for Lower Canada, residing
in the district of. came
and appeared A, residing
of the one part, and B, resid-
ing of the other part, who
have appointed that is to say,
the said A the person of..,.
and the said B that of.....
as experts for the purpose of
proceeding to the inspection
of the real estate belonging
to described in the decla-
ration made by the said.... by
act before...., notary, (or one
of the undersigned notaries)
to ascertain the value there-
of, (and if the sale is demand-
ed on account of indivisibility)
•t, fa
1 i: ,
250
and whether
CODE OP PROCEDUKE.
, or not it can
advaiitageoiislj be divided.
Jn connection with article
1269.
„<^» ^''^^ •Kv of. in
tlie year one thousand eiffht
liundr«dan.l at... o" clock
I'/ tlJc noon, l.e^bre me,
the undersigned notary publ
lie for Lower Canada ."resid-
>»gin the district came
and appeared , who al-
nrms tliat in contbrDiity with
tiie dechi ration made bv act
^'«7, ■ "Otary bearino-
ate he....... for the purpose
of obtaining- authority to sell,
tor the reasons therein set
lortli, the real estate belonff-
ingto therein designat-
ed and described as follows,
^(^'^•^[■.{hen'dc.^crtbe the real
estate) he did for the said inir-
pose cause to be summoned
before us to wit : in de-
rault oi relations requir-
lug tiB. they being present, to
receive their advice as to the
contents of the net of decla-
raljon aforesai, i aid the par-
ties above named having
appeared, we have caused to
De read the said act of decla-
i-ation, the report of the
experts made })etore no-
tary, and his colleague, and
iiave taken and received fmrr.
them the necessary oath, and"
such oath having been made,
ttiey have all nnanimouslv
oeclared that they are of
opinion that..., (.SV.oM/J acre
Oe a division of opivioiu men-
tion the mmr, and
reasons there/or.
yive the
No. 54.
In connection with article
1270.
5', ,^"<1 I do make
oa hand swear that I will
faithfully proceed to the per-
lormanceofwhat is re.niired
of nie by the act of niy ap-
I)ointm.eut executed before
: notary, on the and that'l
will make a true report of
my opinion on the whole
matter without favor or par-
tiahty for any of the parties
interested in the matter in
question. So help me God.
_ Sworn before me the under-
signed notary.
No. 53.
In connection with article
1270.
I On the. day of in the
: year on<' thousand eight hun-
if/'^dand at o'clock in
: ^"^- noon, before me the
! undersigned public notary
tor Lower Canada, residing
m the uiBtnct of.. ...came and
appeared tlie experts ap-
; pointed by the act above exe-
; cuted by the undersio-ned
; notaries, on who declare
Al'l'KXniX, PAUT H.
He the under-
tliat having previously made
oath as appears bv the certi-
ficate lioreiiiito annexed, thev
Iin)cee(hMi on the dav of
'"• '•'*> inspection of'the
real estate, appurtenances
aiK dependencies mentioned
and described in tlie declara-
"<"i of received bv
'!«f'i''y. the , and^ aVt'er
;iiie examination and obtain-
iiiii- every information neces-
:^ary for the purposes men-
tioned in tlieir said act of
appointment, thev value and
e.'^timate the said" real estate
;vl/ flicre he several immo-
veaules, thcfi should hv valued
separatchi,) and further, {if
tliv mle IS made on account of
indivmbilil,,) they declare
tliatitcannotadvantaji-con Iv
be divided. ' "
The said experts further de-
clare that they are not relat-
'M to the parties interested mi
the matter in question, nor
to their legal representatives.
Wiiereof act in oricrinal
torm IS delivered at
251
N'o. .10.
h\ connection v,ith art'^>'e
1272.
Lower Can;i
District of
:;:.}
To the honorable the -ndf-e
(•"•judges) of the superior
court, at kc, kc.
A. {addition an I place „t
re idence) huniblv rr TU'esent^
that he has caused the rela-
tions and friends of. to be
coiLSultedby lotarv.at
"" the day of. ai'id has
eauspd to be fulfilled all pio-
ceedings by law required to
!'e had in ordeo to and
submitted for your approval.
And he therefore pravs that
your honors will take these
pi-oceedings into considera-
tion and homologate them,
It they ought to be so homo-
logated, and you will do jus-
tice. •'
. -Jt-.....the one thoi sand
eight hundred
f ' !
N(
Aba?
AltA>
I
I
J
I
S
r
s
E
P
E
F
F
F
Abani
(^
Absco
Ri
A
AliSEN
Of
Absen'
M
INDEX.
NoTE.-The figures refer to the number of the article.
A
Ahandoned lands -^'^t-
. 9lla et xea.
ABANDONMENT OK PROPERTY.
Z:^7ffeclT..'^^^^^^^^^ 637
S tatemen t to be filed by debtor VV i I^"^
Notice of filing of statement..?. ^^'^ '^ '■
Appointment of curator -,£, .
Such appointment must be advenised;:::;.:;;. '77^
iJuties ot curator '^"
Sale of moveables and immoveablesihow effected' 779
Delay and grounds for contesting statement ill
Penaty incurred by debtor if he fei tHnpear" m
iittect of abandonment . »l>l'i-Hr... Hb
Form of demand upon debtor for statement Vn S
Form of not ce for appointmeat of cumto to \^n' In
Form of notice of appointment of curatoi- No" 4?
Abandonment of Suit by plaintiff in jury trials 395
(V. discontinuance, ]Pithdraw(d,\fc.)
Absconding Dehtor.
Right of creditor to arrest h^^ „
Attachment of effects ot-(V. Ca^^a^and'll^acA: ^'^~'
. ' ^ 834
Absence.
Of defendant must be established ,30
Absentee.
Appointing tutor or curator to ^..gg
#
264
INDEX.
i r
■!i
AnsENT Defenhaxt. •^"''"•
How siniuiioiiod
Ifin ITppor Cana«'.;;,. ...'..."." ^'■
Services on-who has left Lonei" Canadf'r.iinc'- *'^
eonimencomeiu of suit
Judgment by default cannot li^-'VenaerHbv'iT.V- '
tliom.Uiy against—, ifsumnioni'd :n ^^i6i. ■ -.
Recu.^atiou of judge in case of ' , ; "
Artioulatiid facts how served upon- .,U'
Kvecutiou of judgments against— '. V^o ",":'
ftervio: (;f simple attachment - .^k ,-,'
AbSEXT 1M.A1.STIFK
Seivice of piMceedings
PoAvor of attorney from—.
.«
■cunty for costs.
120 §:
128-:
18,;
4G5-
Xo. 2
Xo.3
No 8j)e6ial power tVom-Veq\Vired'to'V-ecus:'h
feervice of articulated facts upon— ...;.. . "
Akse.nt JuixiE
(V. .fiidr/e.)
Acceptance.
Form of noting for non
Form of protest for non !!.!!..'."!....*.'.'.
Account.
Judge may order reference to accountants in
matters oi .-,,
Judgment ordering— &c ".".".".*.'.",'.'.'.'.'.'.'.".".'.'.".'.'.', 521 ,!^'\
Accountants and Practitioneus, .'".
Accounting
Accounts.
Judgment by default on detailed—
Acte Sous seing imve, used as exhibit....!!"."."...
Action at law.
21 i't X.
. 521
91
lOi)
1-'
Must be brought in proper court
W]fn°,n *° '/''"^ T'^ '^''^''^ '^" interest" therein!"!!! r;
V\ ho may be parties to , , ,,
When several causes of action may be"jo"ine' '5
Defendant must be summoned .lomt , ..
Court cann
Omission ■ i — ,
No partic ■. : form
ot adjudicate beyond conclusio!
Against p
Parties
.c office
necessary,
otice
requirec
may appear in person or by atl
16
17
18
20
22
23
Art.
6:;
(;o
h.^
?rc'! by iJi'o-
d -1:^ sticli... .■■
1^::
•)>■;
552 -iiii
Cl5-s:,:
3:'i20§:
11'8-:
!Ci)'.f ' judo-e Ij- ;
22.;
4G5->
Xo. 2
No,:;
intants in
321
521 rf ,.
321 t'f s.
52!
91
100
1^
herein l;;
lt,l:i
Dine. . ,. 15
16
sic - 17
..,-.. ..... 18
20
22
V-'i> ;-...... ■ 23
INDEX. 255
In/ornin pmiperix Am.
Personal, where hronpht 31-2-.3
For sei»imtion from he.i and'"!;;,;;;,'!";";;"!;' j.;! ^t-
.igainst public officer, where '.. ' ./''
alien real or mixed, where s'f "s I?
n maH:!''"^ ''''"'' '^^ '^'"^■''^"^ distrieVsrwh;';' "^' -^
111 matters of succession, where on
In warranty and continuance ofsuit;""wiie're 1
I sole judge of rustrict cannot sit, where t
Must be commenced by summons. . '\l
Cause o -must be stated t^
Ifbrought before condition fulfilled::'. lo?
in .simimarv matters ^"^^
(V. Summons, Jurisdiction; Conlinumce}) ^^"^
Actions Possessoihes
Acts op Pauliament. ^'^^~^
Abbreviated reference to
Adjouunmext ^^
When may be made be" prothonotarv" .^l
Adjudication. " *'^
Of moveables sold in execution ... mo
Ofimmoveables sold in execution... f <384-5
At Licitatton (V. Licitation) „...
Administration of Justice.
Divisions of province for
Othcers for the- in new districts":. v?:'?
Admission '^'
Xoted by judge! 'ni'ake'p\'oX.'.'.'.'.". IV:
In non-appealable cases ^^^
Advehse Title. ^^^^
When pleaded
Advertisement. ^^^^
Of sale of moveables... .
?^0l\ll i>''^->'-^'? f^-^^^'o^ reai pV-ope;;;:;- ^ 'e\1
Of sale by licitation ...:..! ^•^'-■''"'^''") W8-9.C50
ADVisEMENT.-Cc/e^^Jere). 020,930-1
266
INDEX.
iiiil
Discharge from-in queen's bench 'tri
Advocatks AND Attorneys.
To elect domicile oc mi.^ ,.
Ditto in circuit couVi.;::.". fi5.1059-ip
Power of attorney fn.m absent piaintiff.".'.'." 'loo f -
Disavowal of (V. Disavowal).... ^"^ I'
Death, inability to act, or withdrawal of-.: It
It desirous to_ cease representing a party, mu t "
give notice : ^^ ^ P^^ty,
Change of-cannot be niad"e wit'hout
I'ees and disbursements befon
201
eave.
ovoK'Prl (V ni ~'~ ^ ^ powers can be
evoked (V. Chaufje of attornei/n)
Death of..::.:... -....['"r • "'"'"'^ 205
Distraction of costs to".',*.' : ff
Betore commissioner's court .'.■.'.■.'.".".'.' i.^nt "
Clerk of such court cannot act as..".;::::: i ^"^
l^rofessional secrecv "^
P
Mav
act in requHe civile, without new })owers"
Affidavits.
Who may receive
Must accompany oppos'i't'i'oiis
508
Who may receive tor use in circuit' court"
io obtain writ of capias Voo
rm thereof. "1°»
30
511
1060
Form thereof.;:.:.".;.:?;"" '^^^'^'^'
To accomi)any oppositlo'as.':.'.'.'.".".:'.". ^^'pJ'^r-?
Form thereof ^"■;' ^'-^^
With inscription for 'judg'meu't,' by'defaul't '^'^' o?
Required with denial of signatures to iXs ^ ?-
Contestation of allegations^of-ln matters of ca '''
-n\ matters of attachment.
Has
821
834-5
855 , 86G
.No. 4j
Allegations of
Form thereof..
For habeas corpus ad subjiciendum.:.:::::. " Yol^'
Ofjuror as to motives of verdict SS
-lo obtain mandamus ,.7-^
^ ith petition for relief from default "j'udgra^ut':" 486
Alias writ.
Of execution
Allowance.
To Jurors (V. Jurors)
To imprisoned debtors:::::::;;::.'; ;qa ft'.
Amendment. -90-1-3-5
Of writ of summons, or declaration 53^ n7
INDEX.
Am.
1171
85-1059-11:^0
V 2iy>
iff 120 § 7
l'>.>
of—
ty, must..
eavo
'rs can be
200
201
powers...
205
408
482
120.3-4
1205
275
508
.30
511
•t 1060
798, 807
No. 41'
583. 651
-^0. .33
ult 91
'tes 145
! of capias 821
It f 834-5
1 855, 866
No 45
1041
428
1203
graeut... 486
579
.... 416-7
790-1-3-5
.53,117
257
Of return of service.. Art.
Of 'nfn! r^""'"'*'' altered ■pieading.;
ut pleading... °
A.MMAL.S.
J. P'S
A.VSH-EU.S.
To
.80, 159
142
320
may try suits for damages caused byr..... 121G
To i!l,'v"V"'?r ^'^'^'' "^'^^y fo'- filing ins
j^o pleas t(j tlie merits .... ^"^
Ji^^o'itestation of account.
1.38
Appeal. 1135-6-8
From referees' decision
lo court of queen's behch ." ■-'io ^fP-
■■; 1142 et sen,
""^ 11/7
Jurisdictions of the court
i^elay tor instituting....
Writ of appeal.... 1118
Delay for roturnino- 1121
Seivice 1122
Security necessaiT 1^123
Security, how received il-^
iransmission of record ^-^
Appearance 1126
Delay for excpnt;nno"n»Vr.i"r;.'.:i"::'; 1128
Red
C
Foreclb
Delay for answer
I'ljfurance ^^^o
elay for exceptVons\and demurrers H"^
eduction of excessive secudtv * ?0
SiSIS?^^:^!!^f:'^::pp-i-----"-"--"-=.::::::::::: U32
elay for answon'nr^ ,.J^"„''"" 1133
ing reasons
^purt may prolong delays }]^^
Election of domicUe ly^mnios ^^
Factum,s in (V.factunisC ]]^^.
Inscription for hearing ^^"^^
In
Quorum in appeal" * H^^I
Recusation ofjudo-es ^^G
DSs:s;s^r'°*^^^''"^^^^^^^--^i"i-: n66
Perempt.on of suits a:^<\'^i^\:if^;[ fjt'
What judgments musi . ntain ,M^^
Taxation of costs 11'4
Execution of judgments'.::;::::: j}3?
matters of capias
822-3
358
INDEX.
On an opposition to a .narri-ifre ^■^"'^-
Sofiiritv .
Sum ■
loiti
fell Hi ciency of surety 1142-4
if'tition to appeal. H-l.',
I-iling of factum n/hdhcann- ^^-"^"^^
Jo the circuit /./>!/,./. T7-". •. 1!.">2
convlT' ''^"'•^ •• - From conunissionue
rs
^0 the Privy Co'unc}uy'''p:'''''y; :•• hX,:
AppKAi,-HoNn I0G9//,v.
Insuffifioiuv of
APpSr^:;;;/"''^"'^^^^'«"'"l>P-^tepariy
Hon- a,id when filed for d. reudant....'Z* "*'.'
In non appealable cases
in summary cases
^" aPI't^fil !r.'..'.""'i 1^8
In cases of certiorari ^
Appellant
(V. Appeal, &c.).
ARHITIiATIO.V
(^^ ^i/-i// /fom, si;}missio
AniJITRATOKS
In
Aicard).
1124-5
11 4M
2:i
' •;;<
lUf59
lOfc;
802
ll.'O
203
l2;n
1124
i;;4i
Lases before conmiissioners' court
Arhav.
Cliallengingthe
{V.Juri/ Trial-Ckallengc\.
Arrkars.
Of (-e/js e/ rentes. Sherif
Collocation of claims f
Arrkst.
Of alwonding debtor...,
vyiien and Avhero
321 ci .s
P
sa
(Y ,-i. • " 'y^'^^ cannot be made.... Ves
U- Vapias, Imprisonment) '^^
vii'-m? of J Hdffmefit—Effectot'
1207
.11 (
719
7,34
707
moving in 422
; uu<,
10 certiorari \x\A
lo;»'
•• 1142-4
1145
IMs-o
■;•••: \\:,'i
•••• lO.->7
'») 11T8-1182
10G!)-/.v.
1124-5
IISO
y 1148
2.11
/ M
( ■-■'-:)
f luijg
1 ]o;t:;
S'si
\ 11:^8, ur.o
'■ I 2G3
12::l
1124
1341
321 f^v
to^vnship
f'lT
1207
;m"7
719
734
785 €t s.
422
I'^HEX.
I^elay for movintr in
•Notice of motion ...
UlR-n (l,.fen.|animavnVovein ■■
Eftcrti/grante.l ' "^ '"
O . .luru Trial).
(
Arri.t .simi.,,e (V. Attach
29
Art.
424
42.")
4;;i
432
mcju)
ARTICC^.TEO KACTS ( / W., , . J,,;;;;;. ,«34-8;i4
V> interrogatories upon) ""' ''^^'S'
•AllTUCLATlo.V OF FACTS.
^Viiat, and when to be filed
ASSAL'LT /iXi) ItATTKliV .... '"''*^ ''^ *^y
1189
( ll.)7
I 1142
/ 119U
easons of Appeal) I'jg^lg
f 352-3-4
i 414-5
( 426 § 1
799, 834
ASSESS.MK.VT.S
ASSm.VMP.VT OK KUUOR (V. A'
ASSIUXM. OFFACT.SKOBJC'UV
V.SSK;.N.me\T PUOl.ERTV
(,\ •Jur,/ /'rial).
ASSU.MPSIT.
Judgment hy detaalt...
Attachment nEFOHEjr..,;.vE.NT." ^^"^
^t"»ple attachment (Arret simJe\""i ." ^' *"''"
effected.... " *""^'^'^)'— I'Mvliat cases
Fornnliq,udalod'dam\ageg;;;;; ^34
Affidavit necessary.... 8,35
iUuy i.<sue diirinor long voratinn §35
H^T".':L™r!.!l-''-'"'o""i.::;::::::::::;;::::;: ,3?
Hon- seizure is effected 838
vv arrant In- commissioner". 8^1
Return of writ 842
Service of writ and of deciamVi'n ' 849
I'vviT "/r^"* of distrfct. . "" ^'^^
'f,'.^'_'^^ >f cletendant be absent or" ■:;::; V::-,-
fo
lant may obtain resto
rty-eiofht hours
I'iit.on within
850
4(U
852
Contestation of
Formalities previous to ?ale... ^ ^^4
{
853
819
22
576
260
INDEX.
I
ii il
i i
Art.
Execution on cMV-cts seized of an absentee..., 552
Of moveables of community by wife 987-8
Commissioners' court may jrraiit ll'ji
Attachment h;i f/arnixliment ; when allowed 855
.May issue during long vocation 1
In hands of treasurer of tiie province 615
ilow effected 85ii
Declaiation of jrarnisliee 819, 861-5
Commissioners' court may issue 1191
{For iillachment tnj fiarnishment after juJfpnent
V. f.xeculion
Attachment in revendication ',— aflidavit required. 8GG
Tenor of writ 867
May issui- during long vocation l
Inventory 870
Things of a perishable nature 872
Applicable to circuit courts 105!>
Commissioners' court 1192
By wife 987-8
Attachment for rent 873
How seizure is effected 874
Commissioners' court may issue 1192
Rescission of lease " 888
AtTOUNEY-GK.N'EUAL.
Duty of— as to corporations illegally formed, &c... 997
Constitutionality of act '. 20a
Attorneys (V. Advocates),
Authentic act.
Judgment by default on 90-92
When original has been lost ..1252-3
Authentication of iikgisters 123G
Award of arbitrators.
How homologation of— may be opposed 347
In case of submission^ time for making 1344
Agreement 1351
(V. Arbitrators, Submission).
B
Bail.
Discharge upon — in matters of capias 824-833
In cases of habeas corpus (V. habeas corpus) 1046
In matters of appeal 1124
(V. Security, Appeal).
INDKX. 261
lUiL-noxD. 'A*"'«
Assignment of— bv sheriff. oqa
Form of No. 44....', ^^"
Bailikk.
When incompetent ,.
A3 a witness f 262
Costs r 401
^ . 1 10G8
Seizures ftt a distance j 555
Execution of capias by ^ a?^
Metore commissioners' court .'.".■.■ .^nt
nrits addressed to ."."'.".'.".."..'.'.".;"". 129
Bank notks and .shares... . -"-
Ba.nueck. ^^^
Of Quebec and Three Rivers lORa
Baptismis. °^
Registration of ,.„^
„ IJofa
Bauhister (V. Advocate).
Bed and board.
Separation from (V. separation) 935
Beneficiary heir.
Duties of.
(V. Inventor^/). ^^21-6
Benefit of inventory (V. Inventory) 1391 fi
Bidder. "^' ^"^-^"^
At sheriff's sale ' ^^,
Deposit by.... "J*
Liability of false-..;;;;;;;;;;;;;;;;;: aaVl
{Y. Execution, ^-c). QQ3-5
Bidding AND sale.
Of immoveables ^ck .
(V. Execution). QQ^ets.
Contents of written bids aaa
In cases oflicitation ^°°
In cases of confirmation of title 'l^^l^lZ.l.l'JZ.m^(^
Bill of exceptions
{"^ ' Jury trial).
262
I.N'DEX,
Tj Art.
Bills of exchange.
Jwdjrnient hy default on 89, 02
Iiiitiiils, sufficient in suits on ' ^j)
Aflliilavil required if sio-nature be denied bv plea. 145
Are liable to seizure '. Si;,-
Form for notino- for non-acceptance No. j
Forms in conn:>etion witli protesting for non-ac-
ceptance and non-payment of Nos.^-l 1
Summary procedure in cases suits on 887
(V. Fromissori/ Xotes).
Births.
Registration of (V. Rerjistration) 1236-41
Bond.
In appeal ' 1124-:»
Insuiliciencv of 1130
(V. Securitif).
BOUNDAUY.
Actions of .041-945
Builder's Piuvileoe 73,-;
Cancellation.
Of letters patent 1034 et s.
Capias ad kespondendum.
In urgent cases, issue without stamps 4(j7-/
Absent defendant 730
May issue at any stage of suit 70i;
D amages ". 7C)(;
How obtained 797-9, 800
Against insolvent trader 799
For deteriorating hypothecated property 800
Fnliquidated damages 801
When declaration may be served 804
Persons against whom— cannot issue 805
Foreign debt 80G
By commissioner 812
Abandonment of ))ropertv 7(33
Execution of Writ : by bailiff. .'...'. 81(J
By sheriff 817
May be effected at any hour , ,......, ").")
Cciitcstatio7i of Capias :-Discharge on petition 819
Defendant may aj)peal 822
Appeal b} plaintiff 823
Discharge upon />'(«7 :— How obtained 824-J
Suretiei: ;:.!y arrest defendant 831
Art.
89, ;:»2
4'J
erl by plea. 145
oCjo
No. 2
for non-ac-
Nos.3-11
887
1236-41
1124-r.
1130
041-945
735
1034 et s.
4(j7'7
780
79t;
790
797-9, 80n
799
y 800
801
804
805
80G
812
763
BIG
817
etition 819
, 822
823
824-5
831
INDEX. 263
c
Cai'taix.s of Smp.s. "^'
Service on ,,,,
■ Ob
Cau-ses of Action.
Maybe joined ,.
Must be stated in writ or declaration.'.".".*.'.' r,Q
(V . Particulars, Declaration, ,\c ).
Cedule.
Judgment by default on ,90 wr*
Affidavit '■ ,,^
145
Certificate.
Of filing of opposition to judgment aaq
Of toreclosure " 237
Certificate of Hvpothech.
Return of 697-8
What it must contain vno i •)
Form of 'i^^;^
Amendment of .".".'.'.'.'.".'.".'!.'!'. 739
How extinction of claims meationc"d"iii— nVav be
Pfov.'d ' ^42
Fded with application for confirmation of title 955
0FRTIOa-\RI.
iUv'sion of a judgment by-,when obtainable... 12''0-1
Mouon to obtain ._ j.).,.,
Exigency and formalties of writ..',"......!!. l->"6-7
Judgments upon .'..,..!!'!!!!! "l23''
Judgments on— not subject t"o "appeal'!!!!.'.' "I'i'is, 1234
Procedure in other cases of i235
0. C. has concurrent jurfsdiction with' s!'c!'i'ri
certain cases 2056
Cession de hiexs.
(V. Abandonment of property) 763-780
Challenge of .jurors.
(V. Jury tri'tls Jurors S,-c.).
Change of attorneys.
Withdrawal of attorney 200-206
May take place in api)(,'al .'!!!..!!!!!.'.'.? 1166
Changes.
In deposition 294
264
INDEX.
h' i
i) u
Charoh, Art.
Judge's-tojury..... ^^^
Chahgks.
Opposition to secure ^r,,
(V. Op/iosition execution).
Opposition to-on immoveables cco
Chef-Liecx (V- Chief-Place).
Cheque.
Jiidgment by default on oq 090
Affidavit °^' ^"^"^
Summary procedureon!........ It-
,i • 00 (
UHICOITIMI,
Exceptional provisions i 07
Appeals from Yir
Chief-place ,^.. I
135o-C
Churches.
Building or repairing • fl053 § 2
Jurisdiction of commissioners' court. tirn
Fabriquesand vestries of !1." *.'.*.'.'!.".".'.'! 65
Circuit court.
Jurisdiction of. f 1053-4
Evocation to ." ^ fO?'^' ]'}'
Certiorari to :.; ^^^^^ }}^!f
Appellate jurisdiction '■ {n^i
What suits mav be evoked from fnto
Pleading Vif
Terms in city of Montrea]'..'."."."".".'."."'."' jo^
Commissioners, &c., for reeeiving affidavits
Ordinary procedure in 1065 rf ,pn
Non-appealable cases in (V. non-appealable) 1093
Jurisdiction m suits between lessors and lessees 1105
Has junsdictiou in all suits for illegal detention
of township lands ■,^(.^
Appeals for judgments of. .'.'.*.'.'.".'.".".'.".".!'..'.'."" \w
Civil STATUS. *"
Registers of ,00^ ^
{Y Registration). Um et seq.
CliERK OF THE CIRCUIT COURT.
P^^^'-^o^ 1059
Art,
405
Q5'J
UGO
89, 92-3
14r)
887
1,27
1117
1355-G
n053 § 2
1 1142
1170
65
f 1053-4
'■■ 1 1083, 1017
1055, 1U)8
105G
1057
1058
1050
1059
its
1065 t'^se^.
ble) 1093
lessees. 1105
Jtention
1107
1142
....1236 et seq.
INDEX. 265
Liability of. ^f*'''-
May issue ('(^V^{is^^~Z..'^^'''"Z'"'.Z'. qIa!}
Clerk OF co.\fMi.s,sio.vKRs' conn'.. i"o«r ir
Coercive impri.soxmext ■;;;!
(V. ImprisonmenL CajHarS^c^ ^^^ ''''^•
Collocation-.
Order of-of judicial costs .-n^
Of crown In- preference ::;:::; (...J'f,
Of owner. &c OO^-U
Of certain privileged daims'.".'. ■.■■.".■.■. ^'^Ifr,
Of the moneys levied upon imraoveabies;".::.':724 ef la
iy- -Execution and Collocation). '--^ er .seq.
COMMEXCEMEXT OF PROOF IN WRITIXC .,-,
Commercial PAPERS
f^ 505
LOMMERCIAL MATTERS.
Summary procedure gg^
COMMISSAIRE ENQCETEt-RCV. P,.oo/).
Commissioners' court
Order and enforcing of judgnients','&c".'.'..".".".'.'." ngi
Recusation ot commissioners where decided.. ".'.■nSo-G-?
Jurisdiction f 1188-9
Attachments, &c "Z \L H^?,
During long vacation "[''''''''1^.7 ^
Commissioners.
In foreign land
How chosen (V. Co7n7nissiom/Ky'.'.'.'.'. .no
How appointed ^ ^ -^\
Depositions by consent .".".".7.*.'.'.' 94.0 41
Like power in circuit court ." 'inan
^^arrants ;' ''^o"
For affixing seals..."..'.".;;;;;;:; Vo«ni'^^
Commissions.
Witnesses
Application for .".".■;;.'.;;■.■.'.'.■.■;.■.■.■.■.■.■ -^ns q?9
Return of ^08-312
In jury trial ■■•■•■7..y....'.'.7'.[77ll''''.'. "^ 399
Communication.
^^otaries
(V. (Inspection 0/ Documents).
.
V. '
II
266
INDEX.
Art.
9 Til
Gl-2
tJ4
151
COMMLMTV.
Separation .
AttUclnilODt yg-
,, ^"^•^•"UHy ■.;■■"":;::::::::::::::;::::: ijo4
toMi'Axv. (V. Corporation).
Service upon
Foreign
Seizures of shares ..■■■■■.■.;■.;■.'.■."■;:;:■:;::.:::;;;:;:;:; 5,3^,^3
0Oill'KXS.\Tli».\.
Incidental cross demand
Complaint.
On usMrpatiou of office lOlGt/w^
CoMPiiOMiSE (V. Submission, Arbitration).
CoMPrLSOTUKS (V. Inspection of Documents) 1245
CoMi'L-L.souv E.\|.;cuTio.\ (V. Execution).
CoMPULSoiiY PARTITION (V. Partition) 919
Co.MPfTATION 0I-- TIME.
How reckoned
CoNCLL",SIOXS
Conditions.
Of sheriff'? sale
CoNFKSSIOX OF JUDGMENT.
How made, &c ^^^^
In appealable cases circuit court lono
In non-appealables cases 1095-^0
In commissioners' court "."..'.".".'.'.".'.".'.. 120r
CONFIDENTIAI, REVKI. ATION.S .
Professional
Confirmation of title.
{Discharfjefrom hypothecs) who may obtain 940
Iitle deed to be lodged ' oka
Property in different districts .";;;.',' 9^,
lormalities and publication 950-1-'
Ot immoveables bv fiction of law (xk'k
Application for ".'.".".".",'.'.'
Registrnr's oertificaie
24
17
675
M'o
pposition.^
Opposition dispensed with.
B
Hiaing
954
957
958
Duty of upjdicant
.919-962
.. 963
: DV;*
ysT
1304
61-2
_ 04
5(35-6
151
1016 6/ .ver^.
1245
919
24
li
675
94-98
10G9
1095-99
1206
275
lin 949
950
950
950-1-2
953
954
955-G
957
958
959-962
963
INDEX. j^.37
Bv exnerts „ Art.
judgrLo.u.:::;:-:;:::::;;:::;;::: ^^^-^
Distributioii of price .' ofto
Registration of jiulgmeut .".'!."!;!".""""..".""".."." 970
''•^ 1129
C0N(JB UE l' ASSIGNATION r,,,
CONSEIL I)K KAMILLE.
(V. Family Council) 1256-61
CONSOHTS.
Separations between (V. % ration) 070
As witnesses ' ilf^
Surviving ^^"
Custody of effects '."/.V.V.'.".".".'.*, .";.''.;; ■■■".'.'..'!.'."."." 1313
Constitutionality.
Of act of parliament 20a
Contempt of cocut \ ^ o
Habeas corpus j^^.
Contestation.
Of Demand (y. Pleas, Exception, A-c.,) Of
report of distribution (V. Execution kCollo-
^^ <^^(^on) lA2etsea
Of statement ofabandonmeiit ofpropertii (V Aban-
donment) * 77q /
Of tcrit of capias (V. Capias)ZZZZZ^Z...m-m
Contestation AN!) PLKAoiNG.
In the circuit court lANn
(y . Pleading). ^^^^
Continpance of suits.
Change of civil status 4-^4 4qs
How affected S
If not contested, &c ". ..« o
Venue In
,, ^'^ "pi^^^^ •■•••^:::::::::::::::::.:::::::.":::::;:;:; U66
bONTHADlCTORY.
Pleas
CoNTRAiNTE PAR coKPs (V. Imprisonim^^ZZ.'.'.l^ni-im
Copy.
9
Incorrect .,..
Of acts of civil status.V.'.'.'.'.'.V.'.'.".'".". I 'V-iV w ii
Of authentic act :":;;.v....;:::.\';:;;:...l i252-3
23
illii
268
INDEX.
Serves for sheriff.
Must keep register ......'.'.'.",'.".."','.";; pp
OoiU'OUATE OFFICES
Usurpation of (V. Usurpation) 1016-10')
CORPOKATION.
Foreign , ^,
Plead in corporate name...... !.'.'.'.".'. ' "'d
Description of writ ''
Service of summons on Vo^. ro ,
Articulated facts '■•'^' ,'}
Decisory oath jit
Mandamus (V. MandamiiiijZ'/.'.ZZ ino^
Declaration as garnishees ^n
Corporations illegally formed or vio/aiiiwiheiracil '
of incorporation , qqt iok
During long vacation y^-iOLj
Municipal Corporations inoo
Appeal 0J2
Costs. ^"^^
Dilatory exception .^^
Security for... ft^
Court may award....'!.'.','.,'.*.".'."',' \f.
Articulation of facts ' oi?
Verdict 214
On peremption .".' 2a(\
On service '. j:\
loosing party '..!'..'.".'.','.' f-i
Suits of damages V-l
Interest on ,Vj^
Taxation of ZZ'ZZZ''. aA
Of witnesses '. ,oV\
To attorneys z::;::::::::::::::;::::;: 'V^
Of experts, accountants, &c " lA
Of execution ^^7
fv.^^Ltrr"'" •■•■■••■•■■•■■•■••••:::■'••;.■:.■.■.•.■ S
On oppositions "".".'. ' kIJJ
lit jTppeal..... "'" ..;^
Security for, in appeal from"c.*"c .".'.',',' .■'.' uA
For advertising sale ^70
Suits for partition gjg
4C,C,
VUA
1016-1021
• 14,224
1!>
49
42c, 63-4
- 224
446
1023
617
</ (heir acts
997-1015
I
1032
1033
129
1-15
115
214
4,9
460
461
478
478
.' 478a
479
480-1
482
344
■••, 491
, 600
lion)..,.G06. 728
'705
721
1175
1143
573
918
INDEX. 2Q^
Comraissionerf!' court "'^'^'''*
In certiorari ."■■ \"^^
Council. '■■ ^"^^
Appealto Privy
Councils. ' ^^'^
Family (V. Famihi') ,.,.^
OouNaEL {\ . Aa.^.cate). ^
CoUNTrE.S.
In each district of Lower Canada... lor.
Courts. ^"^^^
Terms and sittings, .tc
Order "'"' 1
May suppress writings..!!!.....!'. ■*'„
Interpreter 9
Administer oaths.........'.'."." ^^
Of other provinces .! }\
Oases beyond jurisdiction'!.".'!!'.'.".'."!!!!!!." ,1 ?
CREANCE A TERMK
(V. Hypothecs). '^^^
Creditor.
At sheriff's sale
In confirmation of title!! ^^q
Cross-demands (V. incidental f^man^^ZZ^^O et s^
Crose-examination. -'^t^eiseq.
Of witnesses
(V. Witness, Proofs <jc.). ^^^
Crown.
Preference of.
Appeal • 607,611
p 1142
tURATOR.
To abandonment of property ^^^
Proceedings to appoint..... : ,'?°
Removal of seals. ^2o2
In .appeal .",".'. 1299
Family council ! .! 11?*
Prothonotary may appoiin!!!!!.!!!!!!' fo?Q
To vacant Successions-Ai)i^omimem of ,?S
Immoveables, shares or stocks.... S
Kender account ^•^•^"^
To Successions under ^^tiefk'qf Inventory. ^^^^
r^w
270
INDEX.
IT;'
\\i'V
How appointed 'j32»;
To Surrendered proitertt/ ]...] 534-5
To SithstitHlions—'Qow api)oiiited {Y '/Tutor.')..''- ' 1255
Jo dissolved Corporations, .^c ]00>'
How appointed '. ."". 1204
Must give sernrity, duties, kc y.'^'.. '.".'.".'.....'.' 1009
All. Curators— ()-dW\ taken bv i2(j(i
riead in their own names...'. ','."". "lii
Coercive nnprisonment '."."..'..!!.'.'....* 783
CuBATOKSHiPS (V. Curators).
D
Damages,
Trial by jury 3^3
Judgments for 4-]
Costs ......".'.'.".'.'.."."!.'.'.".' i478
Capias on claim for '" " 801
Simple attacliment on claim for.....,..."!!!,....'..... 835
For illegal detention of township lands!!."!."."!.' 1108
Nuts for— before justice of peace 12IG
vVitness failing to appear 349
Action of— against public functionarv. ..!!.!
(V. Public Ojfieer). '
Deaf-mutes.
As witnesses ori
Death.
Of attorney r,QQ
Of parties or attorneys !..!!.!!!!!!""!' 434 468
Of parties in appeal '."." 1154-5
Registers of (V. Eet/isters) 1236-8
Debentures.
.Liable to seizure 5^5
Decisoky oath.
When tendered {4.^
Offered by attorney .'.'..!!....'..',.. 444
How it is oftered !!!!!!.!!!!!!!! 444
Service of ru.lo for , ! !! ", 4--
Default or refusal to answer ...!.....!!!!..!!!!!!! 446
How a corporation answers !!!!!!!!!! 446
Reference back !.!!!.!! 447
In another district .'!!!!.....'!.!!!!"! 141
Akt.
132';
534-5
Tutor..) 1255
100-<
12(14
1009
12(;t;
]!•
783
... 348
... 47]
478
... 801
.. 835
.. 1108
.. 121G
.. 340
,. 261
.. 200
434,468
1154-5
1236-8
565
. 443
444
444
44."
446
. 446
447
241
INDEX. 27i
DfcLAiiATiox. Art.
Cause of'actioii
Description of. ' 50
May be aiiieiided..!.!!. ^2
Omissions 53,117
Conclusions ..'.*.*...'*.'. 18,141)
Informalities in............ 1'^
It' copy be incorrect ^^^
Waiver of infurnialitii.'s ^^^
Demurrer 119
In capias .....'.*.*. ^^"
By corporation 617-18
^.aur;;u^?::j;';i;r''™^''' ^i;-' ju^i^i^n til
Contestation 619
Contestation.'.".".','.".".'.." 626-7
(V. Garnishee). 862 ei .vey.
Dkclinatory kxckptions (V. Exceptions)
GBcnET(V.Sherif's sales).
Deed.
Of bargain and sale, forms of Vn iq
By way of mortgage before witnesses .".".■.":""•• Vo" il
Ot gift (onerous) inter vivos v ' , ,
Depal-lt. '^^- ^^
Against defendant ,^„„ ,,„
Effectof etc 1069,1099
/>^«o in non.:a'ppe'aiabie"'cases.".".".".";;;.'.;V:: VAao ?f:^
lo return writ -iwy^, liiO
To/aits et articles...'.'. ^2
Evidence " 225
Against absentee.'.'.'.".'.".".'.'.!". ^^^' ^40
In summary matters ^52
(y.Jud(/ment hy default). ^^'^
At jury trial
Defendant-
Where summoned... „ ■
Where in suits for separation'" !.'.'!.' ^^-
i>escription of. "^^
Service on (V. &mc'o"".".".".",V.".".".".'. «« |?
Absent (J. Absent). 56-72
• (V. Appeareance, Confession, .J^c).
K
272
INDEX.
lii
I ili ' <■
Defense av fonds en droit (V. Demurrer).
DELAlssE^fENT(V. Surrender)
Delays.
How reckoned
On suTomons in s. c. etc
AUT.
534-7
In non-contentious proceoditigs... i-jo-
On preliminary pleas ""iot'-
To call in warrantors [
On pleas when security has to "be'g i'ven .' I'xi
On pleas to the merits
128
123
On answering ,oo «
May be extended ■■.■'.'.'. u'l
To answeramended pleas .".". ft.
Articulation of facts ..!;'.
Inscription for hearing "' tf-i
In long vacation 'j^o
Before execution.. ■....y.^../...... rgf
B^lme execution against abseiiteVs'.'.'.".".".',!; if^>
1 c- COTifest report of distribution 740
lo contest declaration of garnishee e-'fi siu
Irt i>.anmary matters f.... ■•" ' ^^
On uiairaons in c. c i^fifi
On pi-jadings in c. c |^7ft
Proceedings in appeal |V ,
To file reasons of appeal jfoo
To answer reasons of appeal ..". iiqr
For making inventory ■'. j^J
{For other delays see headings to whicUhey relate). "
Hi-hmt^ki^ . Admsement).
Demand.
Particulars in declaration.
Supplementary — .
50
18
Of Plea i {41
When— may be made jo-
in non-appealable case? ,'.".* inoo
Of payment ^"^;.'
Of reasons of appeal jjo.
Of answers to reasons of appeal "...V.".'."."', \\'\^
(V . Declaration, Incidental heinand).
Demurrer.
In what cases pleaded
147
To writ of appeal "".".".'.*.".".'.'.'.".*.*.'.'.",".".".'." 1130
AUT.
534-7
24
75
1337
... 107 't feq., 128
•• 123
2n 121^
137
138-^
141
142
t 20y
462
463
551
552
742
626, 864
891
1066
1070
1118
1133
1135
120
'-hey relate).
50
J 18
1 141
138
137
1099
560
1133
1135
147
1130
INDEX. 273
Denial. -^bt.
or certain signatures j^5
Deposit.
With preliminary plas
For stenograi)hers foes ."\V////.\\\\V///\';20a "V-oi
For experts, arbitrators, &c ' ' ...
General nrovinciai office for... tjt
From bidder at shoritrs' sak-... '.'.;... ■;;;;;.■;:■;. cfgLo mi
On ins. rib.ng jndKment for review ' Jo?
Jitli motion for jury trial o;^r
Of authentic copy .■•l252-3-4^5
Deposition.s.
By con.=!ent .,.^ „„,
Witness is sworn ::.. '^^^ fJt
How taken .f.^
Taken at length .■;.■■."; ^r^Zl
What-mnst contain oltl
Questions to be written oq^
Objections 'ITf
ConclusioRs of. \ ^^,
(V. Evidence. Proof, Witney's). ^'^
Dehnibk equipeur.
Attachment before judgment 834
Description.
In writ or declaration 52
Desistement.
(V. Discontinuance) 450-2
Detention.
Suits in cases of illegal— of lands 1107
Differences.
In text of code J3gj
Dilatory exceptions (V. Exceptiom) .."120 et sea
Disavowal. ^'
Grounds for ,.
Wheu-may take place .'.'."""..".".'.'.' iqo
How made .^^^"l
Proceeding upon ■.;■.■."."."" iqfi_? I
Effect of...... .v.. ..;.......;V.V.\ZV. '.".■■■. 199
Discharge.
Form of certificate of. 21-3
^,
o^. \%.
IMAGE EVALUATION
TEST TARGET (MT-S)
#
/q
€//
/.
f/.
f/-
1.0
2.5
2.2
I.I ?.'- ilg
|l'25 111.4
1.6
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, N.Y. 14580
(716) 873-4503
^'.^
J4!S
^}^\^ 4^ '
274
INDEX,
u
Of'ganiisliec ^^«T-
Of ilebtor imprisoned ^'^^
From arrest under capiasCv" CapiasC::::. ■giQ-JS
From advisement, i\Vqueen'7bench ■■■■.■.■■.■.■.■.■.■. ^'^^m
DlSCONTrNlTANCB.
When allowable...
How effected ^^^
Its effect 451
In appeal .!............ '*\*:
DisousHroK. ^^*^'
Stay of suit
iiule.s governing excepti'on"o7.V.".""'".".'.'." .""■ \il
DiSQUALjPiKD.
When a judge is
Zzziv j"d^^»^^'"g (V. Recusation):::::.:::: Ill
persons (V . Interdicted persons, Minors, Tutors,
(y.bo'rpor'aiion): ^^^08
DlSTUACTIO.V OF CoSTS.
Attorneys
DiSTuiHUTioN,
Of moneys levied upon moveables 601 etseo
Of mone.vs lev.ed upon immoveables 724f.V! 768
^- Execution ^Coiloca(ion). 'J^ielseg.
Homologation of report of ^.a -«
Contesting report of ~^'f\
In cases of licitation ^*^
In casesof confirmation of title q^o
District. *^
Service out of.
Service of summons"of drcu'it court ■.■■.■."■.■ mafl
Execution ofC.C. judgments '.'.'.r/.'.'.'.IiK
District MAGISTRATES f I,
DiSTRiCT.s. 11215 et seq.
Division of Lower Canada into lo^n
Otticer.H !!i nc\y |^^*^
Disturbance. "
During sitting of court ^ g
Art.
631
70;:
819-824
949-971
1171
4r)0
451
4-)!'
11(37
120
i;fo
177
190
Tutors,
1008
482
601 etseq.
Uetxeq., 768
I24^etscq.
749-50
7i2
939
969
461
1067-8
1081-2
I*'
1 1215 et seq.
1355
1357
7,8
INDKX. 2^^
Action on (V. Pos^es^onj action) A"«
Prepared by curator
Divisions. '^2
Of debt to multiply actions ,.
DOCIMKXTM. ^^
Autlienticrtted in foreign land...
Inspection of (V. Imindion^ ;;. • ,,30a
Loss of or.ffmal-how supplied '. \-f.V;"
Domicile. ^^
Of plaintiff
Service ofsumraons!! ^^
Service at elected domiciie.V." ;'^
Of party appearing in person..'."."] '■.'.■ Ij
Election of-by adVocates.... ^J
Advocates in C. C. ^^
Advocates in Q. b!*.... ^^''^
Of seizing party ^'-^^
Oppositions to sale of moveables ?^^
Oppositions for payment 5^'^
Election of— in C.'C '--
in execution against moveabie-^ JJl^?
Mectionofin Q B ^^^^
Service against pa^tv who ■iVas'uoZ. ^^S
Dower. 8*
Customary
Droit DE SUITE. *^^
Satsie par {Recaption)
(y.atfachment). • ; 873
Ddhlicath.
Registers of civil status
Ejkctment (V. XmoraW W)." ' ^237
El.HC*i0N.
FlBCTOR,
nn^
i 5
'l(f
I i
P; f
^"^8 INDEX.
Asa witness in case involving rights of corno- ^"^"
P,„ '•^''«" :... 1032
iiMANCIl'ATlO.N.
Of minors ,.,.-
Iz56
MI'HVTKISIS.
JSlieriff 's sales ^j„
Enqletk (V. ^t,«ie„ce, /Voo/, H7^«m).
Envoi kx Possession, L' (V. Possesxioii) 1327-30
Eruou.
Clerical— in jury cases ^^q
EhROR and AlM'KALS.
On question of law ,,,,
Where proceedings in— are brought...'.".".'.'." m?
Limitations ' ,'
Writ of- :...::::::::;;:;;;; J?
Service of writ f,.^,^
Security in- .'."..".".'.'.'.".".'.■.".'.■■■■■" Mo/r
Transmission of record }}oTi
Appearance [..^.Z' ''''''. i^L
Exception or demurrer to writ of—. . iioa
Delay for filing assignment of—..,. Viqo \^
Factums T. "' 1U(
Inscription for hearing, (V.*"'.4/i'eai".).".'.'.'.'.".'.'.".'.'.;;;;; 1141
Evidence (V. Proof).
Inscription for oo<
Costs of ;.;;;■;, |f^
Proof mav be postponed '.'.'.".' 01?
How evidence is to be taken .'. 90^
Of adverse party 2^,
Of relations or consorts o^
How taken before a judge ". odt-l
Admissions of parties to be o,v
By stenography 32o
Taken down at lenght by consent.'.'.'.'.'." ■"■■.'." 284-^Q
In appealable cases ^7178
i^f} ::z:.":.:::;'.::''^ H2
Altecting corporations mAo I
Before experts "..,".'. 335
Report? of experts &c ."."..'.'.... q^^
Before a Jury (Y.Jun/ trial) ''/Z'Zll""'39l 406
In summary matters. .„ '^^^' ^^f
Before commissioners' courts lono
Art.
of corpo-
1032
1256
710
1327-30
450
1114
1117
1118
1121
1123
1124-5
1126-7
1128
1130
1133-38
114(:
1141
234
215
■ 216
236
251
252
263-4
266
320rt
284-2:99
1071-78
1142
1003-4
335
346
397, 406
896
1209
INDEX. 277
Evocation. Art.
To circuit court f 1055
To superior court '.".' ^ '^^^'S
rinprobation before commissioners' court iqq
From certain inferior court? " poo-l
E.XA.MINATION.
Of witnesses (V. Witness) o-,. .-
On articulated facts ^ ^-n",'"^'
Ditto injury trials (V. interroJiatoriesi'.'Z'Z!^.. 4f?2
f'XAMiSKu (Covimissdire £nqu>'teui).
Appointed by court, etc onn -jap
(V. Proof). 300-306
Exceptions Pkkmminauv.
Delay for filing ^^^
Foreclosure "'' ,-;r
Deposit !.........! 1,9
Demand plea to merits. 7....."..." f.!?
Urged by motion ,,.
In circuit court ,..."..'. ,^^|J
JJeclina(or>/ exception— Eft'ect.."!!!] , ,o
<^osts ^^
Exception to the Jorm— Oro\in(is"oL\ lift
Amendment if writ of declaration uil
Uaiverof grounds of. Yiq
Dilatory exception— Grounds .' \on
Etiect ^^"
121
Warranty f 122
(V. Warranty). ' ^ ^^"^
Security
Of discussion .....'.'..' foA
Foreclosure to plead .V...V.V...'.".V/.."." .".'.".".'.'.'.'.'.'.'.'."." 13?
Exception, Peremptory , '
(V. Pleading etc.). '^*»
Exception.
'^^ fSj°^T^^°° against corporations illegally
To writ of annPal 1'^°^
Execution of judgments.
Voluntary -,.
Compulsory— Formalities' of "wrir *S^
In real actions (V. Writ 0/ possession) .'■■.■.■.■.■".■.■■.'.■;549.50
k
278
INDEX.
1 f
In iwrsnmil actions— Delay for ""^fJ;
A<,'ainst absentee.. ' ^^'
Different means of ".'.'.'." ^^-
Seiziire of inoveahlis ^•"'•'
In any district ^^'^'>
p * . 1081
Kxemptions j .-,56-7-8
.Seizure of refristered vessel....." tZ
(iruardian ■'^''
Inventory '"'^'^
Of the guardian'.'.'.".'.".'." ■'.**.'.'■■ r)Gl,570
Effects seized in country...'.*.'. 'l^l
heizu.u of current monev ^^''
Debentures, notes, bank^shar'er&c.".' ''3
feeizure of .shares.. ^^'-^
Refu.sal to open do'ors" &c." ^^^^"^
Notice of sale ^G9
Publication of sale ^''^
V^m^ ;^,:* )»■«"*- "niM^w:;::::- m
^eizure before judgment...,'. ^'t''
becond seizure 5^6
Second seizing cre"dit'o'r"*ra'av'"sel'l'.'.'.'. HI
Alias writ ' 5(8
Oppositions to iv"OpposiiionYZ'. 'Q] ,, ^^^
Sale 01 moveables (V^'^'a^e)..;. IftQ.f*'^-
pSiiii^r^S:^:::::::'^^--^^ '^^^''''■- ^^
It debtor be insolvent ^^'^
Claims, how made ^^'^
Order of distribution ^^4
Order of collocatino- judicialco'sts ^^^
Preferential claims V^ciwiu!^^^^^^^ ,. 600
'jiaira of owner 007,011
Privilege of carriers'&c." ^^^'^
How effected 632
For municipal taxes.'.'.'.'.' '^33
Minutes of seizure., ' '^3.']
Domicile of seizinrr n'i'i't'v ^^^S
Grouud rents TS. ^39
Second seizure !!...,.. '^'^^
Alienation during seiziire (^-^2-^
644
-Art.
551
552
554
555
1081
f 556-7-8
I 02H
559
5C0
5(50
5G1.570
'562
5G:i
504
5G5
566-87
fco
571
572
■1^1 573
574-5
576
577
578
57a
580 et se(j.
•••■589 et sen.
161
602
603
604
605
606
607,611
608-9
610
re)U2etseq.
632
632
633
633
638
639
640
642-S
644
Pov-e- .on ^^J'
.•l(//r/7/V»jr«/5— hownVa.io '•''^
Mow printed ''^8
(h'po.viionxto (V. 7,''rl]o\ '^^9
^^^//J<y ..,/.. /.-Bids Ure .% ,,f .,/,,.. 665-6-7-8-9
i-^rtect ofliiiis ".'."."... '^V-
Conditions uf snle'...". ''"'^
Debtor, \-c.. cannot'b'iVl '"'^^
Bids by proxy •^'''
Deposit " *j77
Delay at sale"'".". 678-0.680
Proxies.. •^■'^•t
s;uo';,r;.''s'r*:,'.'.i"''^'°°f''-^-i'»'i-' i?«t-s.»
Allowance of sheritT «00-j-2
Oi'ixmtions for p<n/mpn) (V n ■ / [ ^Obelseq.
ro/A,c«,o«^„,/,/,-,,^,,y,„^.^,^ -/ : /«^') '18n23
-Contents of report .. ' ^-^
Articles of collocation".". I^^
Duty of prothonotary. i:2
Law costs y-'
Order of location.".'.*.'.'.*.'.". l''^^
Conditional hypothecs..".!!..,,.'.. T:,^
Sum to be reserved '''^
Hypotiiecary claims.".".".'.'." IL^
Capital of h'fe-rents '-^^
Interest and arrears of ren'isT&o!." ^g
Experts ' '^ '34
Registrar's certificate !!.".'.". 735-6-7
Acquittance of claim ' '^^
pisclmrge of hypothecs."."." i^?
Delay tor contesting report ~,\
Iiiscription of contestation..""". -"t.
Costs ot contestation... t'^'^
New report .".'!' ^-^^
Proceedinjrs on contesta't"i"o"n!!! "■"" I'lf
Motion to homologate report !! -1o
//owo%«</o«— How granted 7-n
Contestation of collocation I??
Moneys distributed without a" repo^rt!!!!!!.."."!!!!:!:: 753
280
INDEX.
Sequenfra/ion ■^'*'''-
Appeal from j,,dgnienTof'disVdbuiion;;;;;;;;; SJr
Siilj-oppositiori l^"^
Ricl'ts of creditors niny;.'.";.'r.".l 7rJ
l*]iment of moneyi^ Iru'ied ix)^
J-^xecufwnincase, of,xhnndonvient r>/>;"o;;;;yy"(c,,: '
mm de hiem) (V. Mandonme„t)...L.." %Z.7m
Of order of coercive im,,ri,onmen (\ . ImZi/ 1
Of writ of capias (yyCai:ias)::ZZ: '^-PJ
Of judgments of separation.'.. ^^^rJ
'"^^tsLT!!!!^:!!! '''""^ ^^ coHuMoner's
Of Judgments of coinmissiimer^'courii M?,
Of.judomtnts in circuit court iTTof
oecond writ '■^^^
As to oppositions ^'^^-
Against immoveables!.!'.'.'.'. K
Writ against immoveables ! Ino'^
J-, . lUot)
J^xecution of judgment in apjjeal \ 117G
ExECUTOHH. ^ 11"!>» 1181
Foreign
14. 64
Testamentary j i'28l
Removal of seals.. .. ^ ^^^'^
1298
Exemption.
From service as jurors
Of certain effects from seizure.
360
Of certain persons from arrest!!!!!!.'.'.' '^^tS.
Exhibits
Must be filed, with list
If private writings
805
99
Imprisonment ^^^
Common to all parties
List
102
104
EXPARTK
If defendant fail to tile." ^^^
111 appealable cases, C. C.. ,11'
Improbation 1"^''*
With articulation of facts. '.".'.'.■."'.! '.■.'.■.■.■. ,, J^S
86
892
Lessors and lessees.
Judgment
89,90,91-2
Art.
883
761
753
754
75G
757
'■/,'/ (ces-
763-780
/m/jri- m
781-795
81G-8
••. 981-0
iiotier's
1102
1212
1081
1082
1083
1085
1080)
I 117<;
1 1179, 1181
14, 64
f 1281
1 1304
1298
360
556-8
805
99
100
102
104
105
141
1060
166
210-3
86
892
^9,90,91-2
281
Inscription for l,caring_in court of Q. B ^uL
"roof fi/imrte "■ >c- " 1140
In apponlable'casesrcircui't couri".".'." inro
EXPEHTS AND VIEtt-KKH. '^
Reference to
Xuinberof, -^-^
How appointed.......'. '''-^^
Grounda for recusing'.'."!.'.'.'."." "^•^•'*~^
Order of appointment ^'^"^
Form of oath 328
Oath to .'"...".".'."!!.'."*.■ 30
Parties and witnessess!!!... '^"^^
May adniini.ster oaths ■^^'^
May summon witnesses.".'.'.". ^o"^
Evidence of witnesses before'.'.'. 'S^
Keport of. 33.>
Deposit of remuneration '^^^
Report, part of the evidence.' ^f
l^iquidation of rents.... •^'*^''
To value immoveables "^"^^
In matters of Iicitation'and'n'a'rtitinn ^ "^^'
In casesof confirmation of tfie'"" ^?~l
^Sion^:;^''^^^'^''''^ ^^^'>«y-.i;;-«i;^;;;y.::::::.- '\ti
Duties of. '.'." 1269
Report of ..!........". * 1270
Expropriation. 1270-1-2
Fees
Extortion.
Sale in execution
• 594
P
FAnRIQUES.
Service of summons on
Facts. *^^
Ailiculation of (V. Articulation) .,..
FACTcf ^ '" articulated ( v' Interr^oHataries) ni
In jury trial (y . Jury trial) ,„_
In appeal ' 393-
Faits et articles (V. In(erro<faiorie^Z~^:^22let leq.
2R2
INDEX.
False hiddeu. Art,
Liabilitv of... .
_ •' nqo r.
Falhe iui)I)in(;.
Resalefor (V. Rcsah) ,^,^
PaMIKY COUNCIL ""*"
, . ,. l'2r.O-12(;5
Jurisdiction ( i2t;i
Powers of prothonotnrv ^ ]'i'.t^
Decisions subject to review....'.'.'. lo',!!
Fast DAYS. '^■♦^'
Duly appointed are non-jiiridical
Fees,
V\'Iio may make tariffs of | 29
Distraction of— to attorneys ^ ^]ll
Penalty *^ ■*'^*
„ 1204
rlE.S OK OFFICE.
Suits for-due crown, are subject to appeal | nJ'J
Filing. ( 1178
Of exhibits
Of preliminary plea's'&c"..".'." VA'j , ^''
Of pleas to tlK" I'nerits, <fcc. ..'.':.'.' ^^^^1 T'
Factum in jury trial ^^^^ **y-
Of notes of evidence in jun-'Triai::;.;; S
Opposition to exparte and default judgments" ""' 4«7
Exooution suspended by-gucli opposition IgB
Inscription for review °"
Bidsat sherifT's office "^''*^
Statement of abandonment'of "property 7S
Reasons of appeal, &c ' ' ^ ,J.*?,f
Factum in appeal j,'"'
(V various {leadings t'o'w'hi'ch'ihe'fil'in'g reiat';;')'.
i'lXAL nEAlilNG. ^
I'isc ription for proof and (V. Inscnpiion) o.^
Final Jcoomknt (V. Juda.^en,) [ 4,, ,, ;''
Folle-encheue (V. Resale) \mL
FoKECLOSUUE. ■■ " -'**?•
From filing preliminary pleas 1 , ,
I rum pleading to merits. Z''Z]['''^^^Z \l\
AUT.
2^3
\\ iirniiitors Anr.
'■I'.in I'I(-a<liii;:V(Vmo'rit8" '■'•♦
'■:<;mi (iliiit,M)tli..rnlt.fts K.'T
<'nl(T of court 140
Kllf't of. 141
Com [.let cs issues .'.*!.7; 1 »3
I'l .'111 pea la 1,1,. cases, C " C '*«
from ilnirr ,.(.nsons ofnppval ^'•••■'
'\V_rit of possession...
Seizure of niovoal^les MO
FouEn;\. 5G9
Corporations or persons...
i;oreip^n .loeuments. '4.04
Commission.s _""_'_"" l;5
FoiUJKHY. 'iOT
Plertof
Fon.M. 145
Kxception to the {Y . E.cei.tions)
^'o particular-nccossarv / n]
Suits in (V. Pauperis)
Corporation illejrallv cxercisino-
F„,nr'"""" "^"'"" ^"»" -■'•i"s .■.•.■::.■•:.■•■;:::;;: Ill
Letters-patent
Fi'TriiK lur.HTs. ^'^•^4
"'^cTS^iiircs^.!^^^!:'^-^:-;- court ^^^_
Appeal lies from judcrments atfectin- 71*142^^.3
'^ llI78 § 2
fl
24
284
INDEX.
I'
61C
617-H
^^'fiASTiK Actions en iV. W'arranft/). '^"*
GARNiailKE.
How Horvod
KHi'ct <»'' seizure....*...*..'....,...] !. ^15
Delay and place for making 'dedaratioVr/v""/;;!
clttratton) \ • t
What he must declare..'.'.*.*.'.'..".'.'.*."."*. ^.^
. Travelling exnenses 'It
Penalty on-failing to declare ...IZ''^'''''^.[['''!'!'. C24
Contestation f 62G
Discharged from seizure ?5?
In commissioners" courts //;;.,
(V. AUac/me/if, Seizure I,,/ Oarmshment)
Garnishment (V. Seizure by) 612-628
Attachment by-bef ore judgment o.,-.
^^^Attachmentby-inhandsoftreasurerofprov'i'n'ce.'eisjS
Exceptional provisions , „-
Appeal from .'.'.".'.".'.'!.'.".".'." 11T7
Goods Kor,i» and dklivkred.
Judgment by default
Gdakdun.
laTk°ei;?„t^'lfr.':!"! =«»-55 4.o
Insolvent ^*52
Notice of sale ......!...........'."..".'.'".'.* •''^^-
Second seizure ^^^
Must produce effects.'.'.'.'*.'.'.'.','.'.'.*.*. ^![^
Discharge ^^^
Coercive imprisonment .'.'."*. c^-
Costs of-to be taxed f'
To abandonthent of property V.'.'.".'.".;!!!;;.".'.""""'.'" 763
91
Habeas-corpus.
Ad subjiciendu7n— writ of
Affidavit ,, ,
During long vacation
Service of
Consequences of defaiiit' !..'.',".' ISt^
• 1044
1040
1041
1
615
61G
1 (V. JJe-
617-8
G19
620
624
f 626
1 862
631
1192
)•
612-628
85;-)
ovince.615,628
1>27
1117
91
560, §§ 4.6
562
562
571
577
590
596
■■• 597
600
768
1040
1041
1
1043
1044
INDKX.
286
Proceedings instanttr on return ^ "?";
imll , 1045
Pleadings in writVig •'^46
Writ refused by'one'iudffp '^^O
Ad teitijicunJum .....l.i'i 10-'»1
HeAKINO. -iiS
Notice of inscription....
Cases in C. C. ....... 402
Notice of inscription.'.".".'.".' 1072-3
In non-accentable cases ^^"^^
I'J jury trial '\'\ 1099
In suninmry matters ^^^
In review...... 897
Inscription/or-in'a"ppe"ai.":.'.":'. ,^^?
VMien had in appeal from C. C ]\i\
Heirs. 1152
Removal of seals
Sale of real property ■o'fsuccession".;;:""". /^fl
(V. Inventory) 1315
Heir.ship. 1321-6
Proof of
Holiday.
What days are...
Persons cannot be'summoned'on ':
^'^n7::X^t^^^'' ^« appear on:::.:: ?J
Homologation.
Of reports for accountant?, &c. ..
Of award of arbitrators.... o.r'^2
Of reports of distribution "". .^f :'
Hypothecary Creditor. ^"^"
Notice of sales
Confirmation of title.:....:!::: ^*^
Hypothecary recourse. ^^'^
Agaimt immoveables of which th. owr^r., »
knoxvn or uncertain.. .. ..V. .. ' '''"''' '"''' ""- „,,
What petition must contain.. ^^?
Affidavit to accompany. ^^l
Ke°i';r;livf„''''''''°" °f "°«« "■":::: ::::::::: f^
904
286
INDEX.
Execution ofjiulj^meut ^l]^:
, proprietor appear before jihljrmeMt".". ■.■■■■. or w
sev.-rai persons appear ? ,;^,^
Opposite claimants.!.. f-'
YI'OTHECS.
fiseliarrje from
(V- ConjirmatioH nfiith^) ' "^"^ ^ '^
Certificate of-with sherill '.s return o'»7 R '.
Contents ot certificate 7nn i :,
Confirmation of title ,\:r~
.Slieriffs sales ''l'~''
Collocation of conditionai'.".!;" i-l"
Definition of /•:'•
Ajipeal ;•• „ ?'^
Capias :::::;:::::::; ^^^- ^ ^
Execution ,^""'
lusT
: ' n^
Ille
fiAL DETENTION OF LANDS.
Suit
s in cases of.
ImjioVEAULE;
y
enue
Situated in two districts.
Described in writ of
no;
37
summouj
41
Extinct corporation ^^
1012-;U4
ated
(S'i'let
108^
Execution upon-m S. C ^^., ,, ,_
Execution upon-iu C. C V f|-
(\ . Ji'zecution). ^^^'''
ST^'T'?;!:^.^-^- Opposition.) 051 et
Sale ot— bv 1
Ditto, by curator.
Hypothecary reco
quidator jj^
seq.
hi
urseagainst— of which the own-
ers are unknown or uncertain {Y Jhwothec-
nrij recourse)
Coafi
Belon()-inw to
nuat
900 ci!
iou of title of (V. Confirmation) "940
V7::
seq.
Ex
pert;
minors &c
Duty of exports.
et sei^
12G7
.1268-0
rivate sale.
A'ol
uniary licitation of.,
.1270-1-:^
.... 12
.*. 12:
( I
Art.
007
90s
.... 9o;»
.... 010
..'M9~'Jll
..0;»7-8-H
..700-1-2
.... (i5n-i;
71(1
730
... 971
1142 § 4
Sim:
... 1087
1107
37
41
'>2
1012-;!-4
ypothcc-
1087
032 ft seq-
lOSo
(351 ef i^eq.
7llr/
772
hf owii-
ypothec-
900 et sea.
949 et seq.
1207
1208-9
I270-1-::-
1277
B- 127S
INDEX. „,..
28 i
lA'I.'iy of -iimiiiniis.. -^"■''•
j;n.c.f.lin;rs nuist ruumin'oi';;:;;;;;! |337
'oweis <>ri).-..tlion..tan- ''-'^
decisions sul,ject to revio;v.;;;:". ji;;':'
I'oniiahties ' ''
Tutors and curator.; '81
LjH.tor resisting st-i/iii^!! '^3
Honrsfor cflbrting.... ~^'^
Days and places pr()lVihi'u.d" "■ "*
Oonrt may order t,) he e(f.'cted*at"anV't"n"m - '
I'ormahties of writ ' -u an.\ time 7s,j
lloweireeted 787
Alimentary allowance— rv'"''i}/ : •''^•'
iiodress a»-ainst.... ^'' ■ All,n,;,nc^) 790-)-:^
Disciiari,''e?'. ","."...... 792
Disciiarj-o bv jndVr'e 79.S
I>i'.l)tor discharged from' 794
\\ itne.s3 compelled to an.swor"l)v ?'"'
Against notary... ' -'77
Against persoi. .etainingpo^^ioiio;--;;;,;! ^u}.
Return of service i 7^
Donhle costs.... ( l')'.>
Against party'i'owirexiiihiVi:;::: ;j9
incidental 100
Petition '.' 101
Deposit .".". ' 102
Proceedings 103
Tt^Umoiiy of iiotaHey^mi^^iVnesieV^ec^iv;!;);:-^*^'^^^
Effect ot —III commissioners' con -t "''"'"''^•■- 252
Security for costs to be given. ^^'^'^
I.MPHOVKMEXTS ^"^^'
I-VCIOENTAL DEMAND. ^^'*^
In S. C
How made .....'.'. 1^9
Compen.safion ".'.'.'.' 150
How made by defendant."." ^'^
l^ssueandcontesUition on ''"'^
I'or improvement on lands ^^'■'''
Inappeal 1110
oiuission in orig/nai'domaud!".'".;;;.";;;;;; ^^f}^
4
Wf
288
INDEX.
Incident op proof? -Art.
In appeal
Inco.mi'atihi.k. ^^^''
if, I; Allegntions in pleas ,„„ ,
Party „,ay be called on to choosebeiwe^n:;:::;; '' l^^,
Incomplete HEcoiio. ^^^
In appeal
Inconsistencies. ^^^'^' ^^^'
In text of code
INCORPOHATED BODIES. ^^^^
How sued
Service upon *.'.!...., ^'^
(y , Corpora ion). 63
Indivisiule right.
All parties interested '
Inferior jurisdictions, 20 § 8
Remedies against iudgments of ,.„^
{^ . Commissioner^ courts, Justices ^c"\ ^^^
Informalities.
In writ or declaration or service ,,,
When may be amended.. ^^^
How waived .....!.. ^^^"^
Information. ^^^
Against corporations
To annul letters-patent ".*.'.".'.".".".".■.■'. 998-1003
Initials. 1035-6
In writ of summons
Injunctions ^^
Inscription. ' mZa et seq.
For proof (v. Proof.)
Notice thereof. ......,...'.;. 234
For proof and bearing.. .."!i". -^^^
For nearing in law or on fVio'^T-V*!,' J :*" ^43
'-^^^^^^^^^^ '''
1072-3
Art.
e by motion 3 if.
'ion, Impro-
'hange o/ai-
llG.i
120 § .;
^een 14,-
1165, 1177
1361
4f»
6:^
120 § 8
•• 1220
lie
117-8
119
998-1003
1035-6
49
• • 1033a et seq,
234
235
• 243
i notice 462
IS circuit
1072-3
INDEX. 289
pUto^inrjon-appealablc cases ^J^
For hearingin appeal ', ^^"^^ ^^"^
Inscription ex paix (V. Improbation)ZZZ ^\1
I.VSOLVE.VCV.
Execution
Ground for caiiias. '^^^"3
T ' 700
Insolvent.
Moneys levied
Capir3 against... " 697
7^9
IN.SPECT10N OF DOCUMENTS, {Compulsoires).
Notaries
Judge's order..... 1248
Service of order on'uotan';Z Z:;;; \lf^
Liability of notary ^249
Petition to be served '251
Delay on summons' to" obtain".'.;".;; J;^}
Proceedings to remain of record ".'.". ^^L
Powers of prothonotary Y^^
Decisions subject to reVisi'on";;;; S
Inspector. ^
To abandonment of property h.^
IN.SUFF101ENCY.
Of demand
Of record in anneai ^^
T^.„, ^' 1165-77
INSURANCE COMPANV,
Where summoned...
• , qj
Interdicted person.
Appointment of curator to.
Intere.o.t.
Action
Credibility of "Witness;;;;; ^^
On costs 252
Collocation otW 478a
7.34
f- i
290
I.NDEX.
fNTER
I-<»('fTOHV .If
W~~-
Ajipoal fVoDi.
o<;mknt.s.
3Iut
utiuii (,, aiij.oal fv(
End
)in.
r.vT
•TSfttion on writ of appeal'/
KIU'ItKTATIOX.
<>[3taten)iMit.s in plead
rom,
Of
ingv
'■'i artif IPS iif on,i,.
Of articles of cod
I.VTEIUMiKTKU
I.N
TKIiliOfiAToniKS UPON
oiiirimoiis
S
AI!TICC1,ATKJ) KArT.>
iimnions on attorney
Ans
swer. liow (riven ; }
Effect of (k-fiuiTt
low if corporation.
Bet
ore ju(l<re or jury..
" I'efusal to an'riw'er.
Jfon- tlie
H
o\Y answered
ninst be drawn up
Indirect
answer,
Answer to he divided."
J^Xjiense of.
E.vjten.^es of party
Examined in
'» .jury trials
Art.
nic
lli;<
1121
L'()
13G1
10
224
00 r.
22<;
2(]r,
227
22S
229
aniined in another dist
suninioned to answer.
net.
Hef
ore an examiner,
111 non-appealahle eases.
I.N'TKRVENTIONS.
Wh
u niay intervene.
Judges 'order
Effect
Snhf
t'cpient jiroceedings.
n ap])eal
241
402
.■50,-)
1098
154
ir,G
in?
15S
In collocation llGfi
In suits i
Costs
on.
or separation.
T.NTIiUSlON,
^"'x'i'iv '; '"'^''''^' ^^^^ <^'- ^^'"-z
Inventory.
^>/^tv )..... :.;.......... ■ ^''^^nxitionPu-
75(5
975
1016
Of efTects taken
Dilat
Of
ory exception for
in execution (v. Execution).
property of dissolved
559-5G1
120 § I
corporation k^qj.
AUT.
llir.
112]
1!()
21
uai
10
321
. 22''
22'i
224
225
22(";
2C,i',
227
22S
229
2.^1
232
23']
241
402
305
1098
154
.... 156
.... 157
15S
.... 11 GO
... 75(5
••• 975
3(J
II-
.. 101(j
559-561
120 § 1
.. 1009
291
Removftl of .seals -(Vrt.
Of a (k'oeasod porsoii 1-^7
Certain persons must be pres'.'nt \'V/ ^•''^'*
Delay on notifi<.ation. '''"-^•"^ 1298, l,'i05
K.veciitinj^ notary.... '^37
In authentic form l-'06
Form of. l.-^O?
Difficultie.H "...".'.' 1308
Consent of parties l'^"9
Ctistodv ofo/Iects ^-'^lO
Formalities applicable" in alVnHes l'''^^
Collocation for costs of l'*!-^
In cases of revendication.".'.".".';';;.".".';." ^^^ V
Sale 0/ inventoried efccts{y. S>tlc) )'l3I2-5
licnejit of: Ho;v applio.I for ^ ^'''-^
Public notice,. . 1321
Consent of crcditoi^'to'seii"moveabi;:; ^''^^
Appointment of curator "'"^'^'^^'^'^^ 1.325
Delay on summons ^3-''
LSSUES .• ^''^37
Delay to complete
How completed '3^; 1070
On incidental demaads l'*^
On improbation.. , 153
172
JOINDKR : " .
When allowed
Of incompatible claims 1^*
Service on
JUDCK. CI
Definition of
Rules of practices and"tad'i"ofVbes ^
In default cases. » o' itts 20
?!;fS,']|-°" J"';y tHaf (;. j;;;;;-^-;.-;; ?i
•''.Uge:: HI iume district... -' 4u4
Ji absent .' 464
May ask ivitnoss any'qucsUonl:::.:: ™^-^-''
263
25
291J
INDBJC.
i;i
Jud^e may tmnsmit draft iiKkm.pnf .<.>u .-.no "^"J,';
!•(
!(
II
Onhc Queai. Bench :Zq^-\;-';--;^---^'^^ '''^;
Hccusation of .. -mi'*"' ii..ij
Judge who sat in oouabdow'inconipeV^nV; Ins
Leave of absence of ' j •'
DisfHialificatioii | ''"
Judges of superior coiu't'to'Veplaco'.'. .' !''
ConcunTnceoftliree required. -':
May .n certain cases transmit certif;;d"d;.ci;ion:: llTo
Jui)<;mk.\t.
Foreign
In any other province...... ....' |-''/
Defendant must be summoned or"iieard.'.'.'.';'iV;"'Mi A
n contested cases when may be rende ed ' ' t
Death of parties or attorneys.. ."
IJy promoted judge \..,, '^'l'^
In vacation [ "' '''j'^
For damages '^'-^
Must mention cause'o'f action etc t-1
In contested cases "^l-^
Entered in court ie<nster "^l^
Draft r..... 'i<'i
Ordering restitution of rents' "etc.". j--
bervicc of. 4ii,)
Renunciation of. "^^'j
Upon an account...... !!..'".""]."'.' i'\\
Ordering security !....' ^•'-'
Of non-suit ." "[[ •'"''•*
()f non-suit in jury "tri"ai"s'.".".".".".".'.".", ,J,-'.'
In summary matters ^^'*"''
In hypothecary action^ ^'''''
Ordering licitation ^\i
In actions of boundary.."....*.' ^"^
In confirmation of tit le'^.,. ^^^
Of separation .'.'.'" ^^":'-
Provisicns relating to ^'^
^"'MnLf '"''" ^^""^^■■"ttend-/n-pe;son""r;;a^ ''''
1080
Art.
408, r,02, KiSM
80? in;(.(
'rord ]:i:,H
■ers of IP,;,
1340
ITti et gfij.
I't'al iir<i;
iir.7
•*i''it u:>s
llf;o
ili;i
n<;j
117(1
li'cision... llTy
A'li
42/-
It), 243, 4Tii
Hi I.;;,
4(i,^'
4t;s
470
471
47J
All
47:;
474
47,-)
47i;
477
5;;j
51-1
12l»
394-,')
898
gnc
> lands.. rti(j
d-12
'Jl'7
942
9G7-.S
978
1071)
in may
1080
INDIX. 29S
Ap^ainst absentee ' g'y,'
//// Default of nnn-ajipe'iranrr : ~ III s. c ' 8'V 90 01
In vacation " '' ' r,.,
Against ah^ientee ,.'". !!.".'..."..."!!!!",.".'.,. <>•>
Plaintiff may renounce before exeoutinff OT
Revision of ^ ^p,
In appealable eases C, c"....^V.!!!!y/.'."y/.'!!]."y.\"'.'.'■.■■"." ]()(/»
In non-ai)pealable cases returnable in vacation ' lOO't
In noii-appeabible cases returnable in term. 1 lOO
fi^nsion of (V. Revimn.) 4S{ 49'-
1 etit^ion in revocation of ' ' vr.
On Confession {\ . Confemon) .'.".'.*.' 94.,s
A'jitimt Warrantors. f. "...'.'.".'. r>7
% n'y""::"'"." ^"'J:'r'"l Consor]s'(<,\Ji'paratiin)'.. gT-KS
Itt Distribution (V. Execution) 750 7(51
Ji'l iirothonotitru "" ' ',,.-
10 pay over moneys levied 72'{
//i/^r^^w^J/-//;— Appeal (V. Inierloculori, )''.'.''."',',' inl)
On plaintiirs abandoning Huit ". -505
fhi the Verdict .-—Motion Vor— .*.'....! ""42 l-'^'-'i
Arrest o/";— Motion for— 4M.431
Xon Ohslante Veredicto .!■>■{ 1 A-i-i
In Review :—{y . Review) -,m
n Circuit Court in-rn
Jf judge be unable to attend in" person!.'.*.'".' '. 108O
hKiicntiono[-{y. Execution) lOHletsen.
Jte vision 01 — IQ,^
Appeal from — ."!!......!!.....!...,... 109 '
Confession of— in non-appealable cases..."....'.",".'.'. " 1095-9
By default in non-appealable cases, returnable in
vacation jqqjj
By default in non-appealable cases, returnable
jn term jj^q
Not exceeding §40, how executed *, 1102
In Commissioners' Courts ". |206
In matters of Certiorari ...!..!.......... 123'>
In Appeal .•—Concurrence of three jiidgeg .'....'.'!".'.' 1 170
Rendered in vacation ; ,,. 1172
What— must contain ".........'.!........'.'.'.' 1174
Of non-pros, if writ be not returned.'.'..".".".".*."..' 1129
IIow executed '_ ^^rl.
Remedies af/ainst~{V. Revision, Reqia't'e' Civile,
Oppositions, Appeal).
Execution of—iV. Execution),
Judicial SEQrESTRATioN :—(V. Sequestration) 87G
294
INDEX.
JrRisnicTio.v. ^^"t.
Of superior court
<)f superior court in revieVv." ..v?'^
in matters of capias '*-"^"'*
<'f the circuit court .VV'""- ^^^^
Oft..^,.„i,eourtinsuiVs.;etw^^^^^
'" 'movli;!;""^'^'^"^ to-oxcicution-againsM;;;: ''''
Of commissioners' courts...."." ..■.■.■;;:.■;: ^LVu
Of lastices of the peace ^l^;^"''
Ot recorders' courts ^-"'
In personal actions/wiiere-lies ^'^l~,
When several defendants '
In real or mixed actions ." •.,, „ f.
In suits between consorts for sepaVatVon 'il
In mnno ^""^ ^'""'^'^^^'^ "-'^'"•^^ public officer' ?
In matters of succession.. ;^*'
rn!!rt """' ^^" ^^'''^'■'•a»ty and continuance"of suits" S
Court may proprn, violu decline case, and -rant "*
costs against plaintiff ' ^^"* ,, , ,
Jurors. '*■"'
List of—, by whom and how made o.-
List IS to be revised from time to time". xc\
Qualification of— ^^^
Who cannot be— ^^^^
Exemptions .....]..... ■^^•*
Mercantile suits '■^^^
Special list of -'63, 390
Panel of ■..."■. 300
Motion for ve7dre'facias''.'.Z ''^^^'ll^
;l"st appear under penaltv.... :;':
<-li(Ulen(fes to arratj of ' *''j
Decided by presiding judo-'e '^'Iz^
Eiiectof-if valid.. ...!.:.._. ;;.■;; i"-*
Challenges for cause '^^^
are either principal o;"io"the fa;^".;::::: ^
Causes of prmcipal challenge if,
When may be challenged for favor llr
Principal challenges tfied b^ the coVm HI
Challenges to the favor.... "^ "-o"'^ .^8o
INDEX.
Anr,
2.S
423-1
Sds
• .1053-7,1061-;;
<orH and
no;,
-'tcntion
; 1107
inst ini-
I08;i
•••■1114-0,114"
117S
lias-!)
121.;
1217
34
38
37-8,41
35
er 3(;
•; 39
t' suits. 40
I grant
114-5
357
3G1
358
35!)
360
363, 390
360
3G7-370
372
376
•••■•.. 377-8
379
380
382
.383
384
385
.386
.387
Taf^.t, panel may be completed by.
lo whiif jurors are sworn
298
AUT.
391
If piirtie.s"(lo not appear!.".....'.".'.'." oo?
•May retire to ileliberate j-.a
May adjourn for night '. j ^
May re-examine witnesses 2]r>
Agreement of nine snfficient T
Verdict of ^ .^
Alloua-ice to— bow "ren'ive red. '.'.".'.'. tn
Death oriilness ofjurors V,i
Aflidavit of V,
Certain acts of^are" gmn nil ;,f\;r;;e;v" "idai" ;;;;;:: JoJ
i^ ■•f'n-n trial, Challenje, Verdict)-
JuuY TRIAL. (V. Jurors).
In wliat ca.ses alloAved o.q
For what amount 'IV;,
How option is made ..-'l
Is;iues , .'"
Statement of /acts...'.'.'.'.'.'. '^.f^
Assignmen't of facts dis"p"en"se"d"w"itii".';.';;." ^54
Where trial must be had ort
Public officer ^'^^
Snecial li,t and .stnkin;/ of the 'KncL. '.'.'.'.'.'. Ho
Motion to fix day for trial kao-vik
Language of jurors S
/>/c/M»t to be given to prothonotary". ■.■.'.■.".■."." -mt
Withdrawal of plaintilf ^ oqL
Evidence given orally "■■■ i,,j
Or by stenography...: ZZ::Z::::::Z 399I
Certified copy ot notes to be preserved S
Commission '^^
Proof facts assigne.l ■by""iJ"dge;;;!;".!'.".; 40,,
It no assignment .....^ 2^"
Interrogatories on articulated facts. .".'.".".■..■ 402
Judge may sum up evidence Jnl
Objection to charge of judge Ir
Provitice 0/ jud^e and ,ur>/ TftR
Jury hnds facts, judge gives law ■:.■:;::.":: 40?
May be discharged if nine cannot agree 419
Amendmont of cleiicai errors .^ J^o
(V. Verdict). ^"^
Judgment after, and remedies ayainst verdict .—
Delay
Motion forjudgmcnt""ou".'.'."!.".".".'.'!r.".'. 28 \i\
290
1XI)KX.
•r
A!;i
I' or u now trial or for judgrafnt non-olinLmtf vere-
dicto 28, 42:;
In nrrest ot jutlj^ment 28. 4'_'l
Notice of motions necessary 4-j.-,
Motion for niir trial 42' .
Afliduvit of juror 42s
Arrest of Judyrnniit : — In what cujes defendant
mny move in 4;;]
Delay for movinj,^ in .\2.\
Klfect of 4;j_;
Judgment non obstante veredicto : — Delay for mov-
ing for 42;i
In what cases — maybe rendered j;;;;
(V. JitrorK, Vtrdict, .j'^r.).
Jdstices of tiik Pkack.
Their jurisdiction 121t;
Evocation, certiorari 1220-1
May be jurors .".".".". ""'51^
L
Lands.
How described in demand ;•'.!
Venue of actions relating to 37-8 ^tl
Re-entry on abandoned <ji'i,/
Partition of township— held in common 912
Patitiou of— held in common ;... 91;)
Confirmation of title to— (V. Conjirmation) 949
Jurisdiction of (.\ C. in suits for illcgo! dftenlion
<>/—, held in free and common soccage HOT
Summons, pleading and proof HOl"
Incidental demand for improvements llio
Review of judgment nil
Scope and execution of judgment 1112
Appeal from judgment; security m;;
Appeal ; 1142,1178
Lawyeus (V. Advocates and Atlornei/s).
Lease.
Actions to annul or rescind 887
(V. Lessors and Lessees'^.
- - f
Lessors and Lessees.
Suits between 887
Remedies 888
Suits during lonj vacation l, 890
IXDKX. 297
n I AuT.
I^eliiy upon siinitnouH 7;-, s;U
Dfliiy tyr iipiK'ufiUU'O of ilcfeiKhmt.....'."..!.".!.^'...'.".... ' ' 8'>li
Delfiy f.tr plcailiiirj " '"_ gyo
pclav for and aiiswerinjr otln-r plea.s. ....... .........,..'. Siili
iii.<ciipti(jii for prof)t " f^()^
ij''^^'"^ i'["'"«' ; ■■■■.".■.■"■.■■.■.■.'.■.■.;;;:;.;::;:;: nk
hvnlfiici' how taken f^j,,;
In.«riipti()n for lieariti<r <.ii tiie ineritH.... ..",.'... .."."...'. 897
Ulit-n .)U(|j,aneiit inav \,v '^iw-n h9S
When circuit cuuit lias jurisdiction .",'.".'.' 1105-G
Lkttkh.s Patknt.
Dccla reel null jq3^
Appeal from ju<li,Mnental!ectiiif,' .. io'{7
Lkttkh.s OF Vkuikicvtio.n i;;:;^;; ,( ,„j^
LiiiKLr.or.H.
Court may .vm mutn pronounce writing.^ to bo 9
LiCITATIO.V.
Comjntlmrii 7''trfifion an,!— ; action to obtain .... 919
Parties to such .':;uit 92 [
S])ecial tutor named to minors .......'..] 921
J'.xpertint! .....!....!....." 922
Proceedings on report ofexi.ert ........".....! 9M
Allotment of sliares ''..' f)'",;
Public auction .........!... !»27
Advertisements and notices ....! "9110-(».'50
0^)po.sitio!is .".'.!......'..'...., ~9;!''.H
Jiids and adjudication .''''''. '934
Conditions 'of sale ...'.'.".*.!...!,....',' ;t3,")
Effect of adjuilicat ion ".".'........!.'.".".'.'. !»3G
Lialiility of purchaser ,......". ..'.....'.".'.. 9,'57
Delay for filing oppositions '...".'.'.'.. 938
Distribution of |)uiehase monev .7....'."...!.".".!'.! 939
Licitation of immoveable situat'od in two districts 940
Ot imniovcal>Ie held jointlv by a tutor and his
.. P»P'' ••-.: 1278
Voluntar>i y.,^
Life uknts.
Claims for capital of 733
Liquidation".
Judgment for daftiagos must contain 471
Capias on claim for unliquidated damages 801
Liquidators.
Sale of immoveables by 711,^
25 A
m
%■
■.'• Ik
1
IliDK.X.
*ib I'K
AUT,
Li
Mow plifjuUd I
ST
Must he file. I with f.vliiliit-
(V. l-:xh,hih).
liiST or .niKtii.s (V. ./m-o/s).
;i;»
T.ocATKiUM KT LocA TAiiiKS {Sce Lei^mrs and Lewes) 887-80',)
Lo
SH.
Of luitliontictliiciiim'iits i.)r..) •
Lot ok land.
IFow indicatciL
LuwKU (Canada.
Divi.«
lOUS of.
Ma
(;i)AI,i;\ ISLANDS.
Proceeding'- in
Maxdamis, wiut ok
M
135:
nil
Tenor of.
How iiitpiied for, iiow served.
10'.
Mil)
lletu
1023.
.sequent proceed ini,'> ]
rn ot pei'eniptoiy writ ^y,]-
I" niatlers reliiling to election to a vaeiint." o'li'iee. lo";
l'roceedinj:>! on , \][y,!.
Numher ot voters present iit eiectioii... ..".'.".'."".".';;.".'.'.' m^;,
io:;ii
Set vice of pereniptorv writ
Al>pe!il from judgment
MARr.'K'.'AL NOTK.S.
In depositions
10;.
Mauineus.
Mau
Service of summon
son.
HIAOK.
Oppositions to— (V. nppo.vi'ons).
Registers of— (\'. /,■
CC
990-(;
Kllect on c-vid
Mai UlKD •• -;.\IK.\.
^''//'■'^(ers) 1230-
ence of witncs
iO- 4 1
F
01 11.
Mastkus .i>r
h:^ to enable — to curry
on trade pgl
.NT-
Jnsticv'S 0,1 : a-^: jiave jurisdiction in suits bet-
ween--!:! CO (ii fry parts.. . ^.jj^j
ISURX.
Aire.
i;;';
uu
;;i;j
weet) 887-8y;»
rjfiii-;;
iij.
IM.-.
27, IMj
lOL'J
102:5. 1:,
Uri-l
lUL'C
uliice. lOl'T
;. lO'js
Kij;)
lO.lo
in;;;;
2'.r,
Gt;
99()-i;
12:50-41
252
D81
i bet-
121(i
^fASTEI« OK SMIP3.
s
of
Mk
Mkdi
Mkm
Mkm
Mkui
MiNOK
Ml.NU
Mis-,
MiXE
MON
mtiioi
iTK LlNcr.K.
V ,l»
tiis.
'il"<re of, (V. .'
• "I l'.\HMAMK>
not ln' siTVfd
U.S.
;iH of— for re<,'i
'.ami of plf'ji tr
tc'stiitidii on t
1.111(1 of pk'ii )<■
ly for tiliiifj \)h
rliijr on tJR' — I
S:r.)
niptiou for pre
nipt ion for pre
;rij)ti()n in won
;riptioii for lu'!
-•ripMon for her
U'.-^sors and Ic-
gment on
■ sue for wages
)ointing tutor.
Miation of inin:
; of uioveabli'S
co-heirs i^ a..
eizuro, sale, k
cooditio'.s to (
(V. J/if!jiectio/i
fOKR.
Dilatory exceptior
I ACTION.
enue of
290
Ant.
CO
:t04
i;;it;
M 20
i:;t;
24.1
1072-3
10!i!>
4()2
807
408
1 UKi
12.^)(J
1207
1320
1245
20 5
7-8, 41
'43
"Jl"
HOO
INDEX.
Seizure of nirrciit.
1
iviiiciit of— levied in
execution.
Collocation and distribution of— 1
Jiioveaides
evicd on ini-
i a.vnient of-levicrl <,n immoveuble-
Mo.\Tni;.\i..
rieyicwfrom m iiat districts liad at .
•Notice of sale ()f moveable seized in.
Circuit court in citvof.
Appeals from Avhat'
Motion.
Art.
mi
121
r.T,'!
lor.rt
districts brought to ]]'.7
Grounds of preliminary exception ur-od bv IT-,
lo am,eafi;.miiuterl<.cutory judgment... .-Tlis 1 'i
(V. .\ew fnaf, Arrest o/jud^„,ent:jfamo/offaf on,
MOVKAHLES.'
Seizure of, (V. ICxrnition)
bale ot (V. Execution, Sale
Effect of judicial sale of....
MtlMCII-AL Coiil'OIU TIOX.
No appeal lies in matters
MOTK.S.
Evidence of
■•• SM et seq. 1081-1102
Inccntorj/, Curator). ..CH-Ch')
598
concerning 1033-1115
261
N
New TaiAL.
Delay for moving for
Notice of motion must be'given 1?-
Jlay he granted in what cases,..:*.". ji'
Oortain cau.ses how ascertained .o-n
1.I;/r^td''^''-''"'^'"^'''^---^^^^1
(V. Jur>/ ^vw/);. ..;;;;;;■;;.;;;;;;;•; ■•;;;;;■; 430
Non-Acceptance.
Forms of noting and ])rotesting for Nos -^ 4.
Form of notarial notice of a noting or pr^fest '
■ ^or, and act thereof ^ piortst
11
NoX-Al'I'KALAULE
ASES.
Nos 8.10
Appearance or default.
Confe
Plea.l
SSI
ing
on ofjuugment
1093-1094
1090
Proceedings in vacation.','."' }!?!^'
1099
Art.
r)»ii
<iUl
I on iiii-
724
757
rrtii
]0->D
1J!7
by 135
■ ... 1118, 1120
') gat ion,
seq. 1081-1102
7/0?-). ..571-589
598
1033-1115
... 261
423
425
42(5
427-9
t has
430
..Nos 2-4,11
rotest
..Nus 8.10
-1093-1094
109G
1097
1099
l.N'I'K.V. 301
Ai:t.
On (lotaull 11(1(1
Proof iiow maile 1101
Excc\itiori, if nntlt-i' S40 1 102
()l)positioiis. iV<- 1103
Arc dotcnuiiicd .sumniarilv 1104
NON-Al'I'K.\I!.VNCE.
Efr.Tt of(V. (h'r<niJt) 80
No.N-Co.NTi;xTim:s PnocKKDi.siis \'2'M
N(in-Joi.\I)i:k.
Dilatory exception in casi- of 120 5 8
Xo.\-Ji:kii)Icaf. d.ays.
Wliat are 2
Court cannot sit on 1
On next juridical day ,'!
How parties may he sunmioned on 54
Summons connot he made returuahle on 73
Seizure cannot l)e made on 575
Sale under execution cannot take i)laoe on (572
Dehtor cannot he arrested on, exception 785-0
XON t)l!STANTK VkHKDICTO.
Judgment 433
Non-Paymkxt.
Forms in connection with protesting for Nos. 3-11
NoM'UOS {Conr/r d' itpjitl).
Judgment of 1229
XoN-SuiT.
Judgment of— on failure to put in security 129
Against plaintiff in jury trial (v. ./«/•// Irud) 391-9
Against opposant to nmrriage 993
XoTAIilKS.
Certains powers of.....N 23
.Must give communication. <!tc. of records 1245
(V. Jinfjirrlion n/\l(irinn''nts)
Ky whom chosen to make inventory of succession 1306
Duties in making inventory 1309-10
NOTICK,
Of action to public officer 22
Ot inscription for proof and hearing, &c. (V. Inncrin-
ntvi
03
INDEX.
Of sale of immovciihl
es.
Am
(i4H
NULLITIKS. ^^'
Waiver of
(;,oinids of-m seizure of nlovoiiilius Hi'!
Oath. "^'
Powers of rourt or judrrc as to
"'ds^whelr'"' ^" -^"•i^i^ter in ban aid;;;;;; a ' '
cicHv of c u. may a'dminisie;:::::::::: ,.;;;
3lii.st he taken hv wifn,.-. \..,t\ : '^'>^
positif'n .... .. "' '^ conimeiicinjrde-
Fornisol-niaybeehaniied"!" t!^
Of witness 1-efore e.xaininer .^;";
Ot experts -^'•'4
Admin istereil by expe'rVs ""'''^'^
Form tlieieof. ' ' ^''^4
Of Juror •'5-'
Of curator 'i''li
SMmies inust .justifv'suinei^ne;-;;;;::; ^;i^
<'! secjuestrator ^■^'
To aeron,i,auy o,M^^^^^^^ 878
Form thereof.'!.... ■^^G
{y-AjJidarii.) Xo. 3.'!
/h'c/ttan/ Oath
Court mav put 443-S
How part^- '""v be'onie^od ■to";;;;;;;;!;::;;:; i^q
How described in writ or declaration....
OliJKCTlON.S. "
To judge' 8 charge to jurv
To sureties ,...;_ "*— f'-'
Office. "'^
V
'inittun,)
Aht.
<i4S
G-IS
' i.s iiii-
m[
ion ',)2')
O.'jO
an
iiii
.081
11
da, and
.':i)
lony
ingdc-
255
2r)(;
;j04
.3;io-i
:!;;4
:iii
:i;i2
12M
827
878
^ 48G
Xo. 3,'!
443-8
448
449
53
\o.-
517
1016
Ufficehs, -^"'•
Piihlic(\". /•ill,!,,-)
Judidal— ill new .listriris lu C<A\w[i<'\n[AiC'. VXr,
Okfukh RfcKLLEs (V Trn,l:r) .-•;;,s-5.i.i
Omission.
Incidental supplmiLMitiiry dL-inaini is
O.VTAIUO.
Service in— liow elfectcd ,jr)
OPERARir.S.
Part of wages scizalilc ,;;>^
Oppositions.
To jiiiluinents. hy thii-.l jxirfics ,-,io
Ocinfeias of petition '.'.'.'.'". .-,i-,
i'roeeedings as in ordinary suits "...."!!!.!! 51'
JJj/ Dfjtnhnit (V. /.'luisiini) '." 4h,';-3,,-4
To Mdrrii/f/c :— During ]on<i; vacation l
^roeeedill,L^-^ to lie siiiiiinaiv <i;)-
Appeal to (|ueen's bench...' '<n\
To thr. .Sci^>in' nj .)///r,,7///A..v.-— Wli,, inViV'make""' .580
Debtor may make on wliut grounds.....' r>sl
If part of debt be e.\tiiii,niislied 'r,H\
May be made by owners or pledjiees. .'.'...".."."'.' r,() '
rrivih'n-e of lessor r,^^,
Election of domicile and allidavit ...."..'.'...' ,5s;^
•Indge's order may replace aHidavit. . -jh.!
How served on .slieritf. '.'^'.'Z 5S5
Proceedings by oppo.sant after re tnrn.... '."."."." ! 5si;
Motion -Q,.
C. . . JOl)
on testation _r,^Y
Peremption of — 5ss'
Jurisdiction of circuit court as to !!!......".*.*.. i(),s;;
In noii-appcalabie cases.., 1 lo'i
111 commissioners' courts 121.';-4
Tu f/,c Svi:,i,;',ti,lS,ilr,,ilii,,ii,,i.,.iii,'i','.'^'.'Z.
Affidavit .' ,.-j
Delay for tiling ."...!!........ Tjj') -<)•>'>
SlierUf is bound to re tui'n ....'."...". ."."."..'..".".'.','..".,. " "(jy"
Diitv of shorilfou rcccivijiq- ."".l ^^r^'^
Right of plaintilf if — be onlv to reduce aimiiiut
claimed _ ^-n
Service and return ....................' {{''U
Sheriff mu.<t return !.*.'..'.'..'.'.'.".'.".'],!..." b',55
Liability of party luaking— unsuccesdfu"liy."."„!!!!.* G5t>
•I
304
INUEX.
Proceedings on— if (j.fi.lod l.ofoie dav of suU
-Akt.
OUDE
In
(\
Panel
Papei?!
Pari.
M
(-.ujjmjii /•(■ ■
Same provisions to apply in non-;i'ppc'al*ai)ie cases 110;;
Jo (ininil {,111,1 ,/ ,ninn/>'r).— Who may make and
on wiiat <;Tonnd,s ,;-;
In matters of licitation (W /.ici/(ifioN). ..'.....'.'.'.'.'..'. o;;2-;';
In casef of eonlirmation of tiilc .....'.".'.'.'.'.".' 'r.T
To willidraw {afin de (iiMniire). — W'lio ni:i"v fiTe
and (in what gronnds ; ,j-^c(
In niuttiMS (if licitation (V.. /.ici/ulion). //...'.'.'.'.'.'.'.'.'. DSj'.;;
In cases of confirmation of title ')-^-
Ti, secure churr/cK (ajm c/'.' (•//«;•///■).— WlVo ma v
make and when '. ^|-,,
Unnecessary to secnre scrvitnd'cs o. "rents "i'li
place or sci<riiiorial riojits (540 (jyi
In matters of iicitation • 03'>1';
'" - -es of conlirnnition of title ..'.."..".'.'.'.!....".".'."."! 937-8
itr</efi i//,on iminoveithles und:'!- seizure'— Hy
liom and on what grounds mav lie made ' OGO
i/inen!. — Register of .' ' '" yi.s
necessary to file 7ii|
vhoin am! within what delay shouid be'fiieij" 7"()
its allowed in certain cases 7')i
ontain tdcction of domicile 7'V.
'dings if not filed ."..'.".'.'."..' 7'"^'';
i'S of Iicitation ."'.',' a".'!
'po.n/ioii.'i 0;i i^un^-ordresy— Who' ma^'iiic
a when •' h.„
e served i^V
(.)4
nance of — dnrincr sitiino- of ponrf^ r ,- >» ..
^vi
No
JIu
M
Ma
All
INDKX.
Any.
)f.siile t;;;i
rod (](;:;
gg;{
by — ^'\-
...'' W\
ihk'ciisi'-s no;;
iiako and
lijT
;j:!2~;!
'Xn
ni:iy lik'
<J5S
f»32-;{
; 1),)7
'ho iiiav
Gi)'.)
rents ill
(;4(). (jr.:t
932-;:
057-8
<(n'. — liy
niiidc...!. CGO
71.S
710
Ibefik'd 720
721
722
72;{
o.;.s
iiiiiy lilc
/O.l
754
5-6-7-8
1252
....1245 e( si'i/.
3G2
4G2
71
PAI!.SO.\A(iKS.
:jo5
AUT.
=ses
P.\I!TICn,Ai!.S Ol,
snionts for buildii,g or lop.airinf,' inn.-j
HK.MAM).
In declaration.
I'Anr
IKS TO SCITS.
WIio may bo.
As witnesses.
Pahtitio
Com
l.'i. 14. 10
251f/, 252
PaI!T
pnl.sory— and licitatinn (V. Lirilatinu) !tiO
OMMOX.
ITION OF TOWNSHIP I.ANPS HKI.D IN (
\S
Petit
Co-tc
ITow co-tenants nuist jnake their elaim«"
.Jndgment ordering
Arltitrators
ho may (h-mand and how j)
*-'ion presented to snperior conrt
nants to apjjea'
12
013
014
Cost^
PAItTXFItsnU'
Serv
ice upon
If without known odice, <tc.
Form ot'deciarati
on of— to be rei^istered.
I'ATEUNITY.
Actions of..
PAfPErU.'J, I\ K
OK!
017
918
GO
02
1189
OliMA.
w
len party may obtain leave to sue or plead
Paw>
Liability of other party as to costs
in.
NERS.
31
33
Claims of—
Pay.ment.
may l)e tried by justice of tlse peace.. 12
16
Or tender into court (V. reiuhr)
Jurors may demand .".
Demand o'f— on judgment debtor.
Opposition for— (V. Opponlion) 7
Uf moneys levied upon moveables.
538
41G
"jGO
Of
Peac;
oneys levied upon immoveable^ (V " A
tio?i)
. GO] et
. 757 et
seq.
Pen A
Justices of the— their jurisdiction (V. Justices)
LTY.
Commissioners' court.
121G
1189
300
INDKX.
Fee allowed hv fnri(r-i
(V. \
nriinis
Inn^U
Wl
th.)
H'/s fur f,rna>//rfi rdniicrtr J t/iTr-
AUT.
2:>
'K.VSIO.VS.
A
re ex
V
fiiipt tVuiii sci/.iii'c Q..^
ICIiKMl'Tio.N OF SlITS (/'.'/- /«////<-// ,/' /
Ih'II — tillu'S ])])!(
Iii'ii Hot,
w
\v
Ay-
How oljtaiiifd
How covered.
Ellect of
l/S-:r
nice).
mist wjioiu.
Powei' of covirtsas to cosf.^
In aj)j)oa].
4:.!
•If'.O
PKiiKMi'Tbi{vi:.\('i:i>T
Hi
I0\.
Pkui
What grouiuls are pleaded liv (V, Picas. ,jc ) i:
Ml'TOliV WiilT
Of
111
aiidaiuiis (v. .lf,i,i.hniii/s).
PEnsoxAi. ACTIOXS.
102,-
Venue.
viisliii) liinds
pias
SIM
it'iit of c. <;
')id'/mi!i)f (h'cqw'tr
£
cirilc) : —
1 suit ..."."... .'."..*,"...!.7.."*
. 483-5
fiSt;
:)iiO-l-'j
oi2-;i
101':!
Pt St'
7-
1148-9
nO,-)
aOf!
no:
508
50f»
38, SSGa et seq. 10,
).)
.1107-1:
lion as to wages due.... 1218
49
l.VDKX.
:m
AUT.
2:>
cctcd t/iTe'
GUs>
y).
-I'l
\:,:,
4:.';
a:,:
a:<><
4n:t
-li'.O
litis
^-Jc) IM
1025
34
483-5
ffSc
:)iio-i-2
1>12-;!
102:!
HVJ rf fic'f.
lM8-f>
■ri/c) : — -,(),-,
.")(>;
5(17
5()S
50;i
8G« et scq. 105.'!
1107-1;;
es due.... 12IS
• 49
Art.
Prefcronco of CO'J
I'mcliusiiii; ut sal.' 088
'i,KAi)iN(; :— (V. D'riarnli'tii, I'lr.is, h
■Preliminary/ — ( W Excciitimis),
I'l.i:
.V''.)
To til'' mfrlis : — |)i'liiy foi' liliiiu' 121*
l>o]ay for (ilin^', (Itinauil (if, an. I furrdosiirc i::7
Delay for iiuswcriuj^
JCxIu'bits
i;!S
141
Atiifiuh'd plead iuj,'' I4.i
\() particular fuiiiis 24. 144
A ill
davit — 111 certain case.s.
145
Incoinpatihie pleas 141;
J'"()i'm of dciiuirrcr 147
Faets adiiiilled.
144
Before answeririi^ p nd i in in a ry pleas l.'ii
i'roof ; i;>2
Allien (led .'i'JO
In. suniniaiy matteis ,s!>2-3
Against corporations ille<rally formed &c .. 1002
in appealal)le cases in ('. (,'.,..' I070
In non-appeulalde cases l()li7-H-!>
Copies served 4i;2
Policy,
Of insurance.
POSSKSSION.
Of effects seized
J'rovisiona/ . — {L'c/uai cii j'o.ss' n.fion). — llow aji-
OiJ!)
plied f
or.
1;
Act of notorietv l.'!28
Puhl
ic notices K
:i
Proceedings i;;;!0
Delay on summons l.'!,';7
Proceedings remain of record 1H,'5H
Power of i)rotlionotaiy i;.j;i9
Decisions subject to revisions 1,'540
J49 712
. 713
■)0
Writ '/— Avlien granted.
Procecding.-
Dutv of otticei
Judgment enforced by 1 ir.
POSSESSOKV ACTIONS.
Who may bring !)4G
Limitation of 947
Petitory claim 04,S
lllegardetcntion 1107
il "■'
l.VUKX.
PoWKff OK ATTOIi.VKV, -■^'"■•
From iiljsciit iilaimid'
Pn.Krii'E. '-" ^^ '
''(ir suiiiiiioi) ■!
PliACTICK. '^■
Itulcs ol".
Ill 'lueou'.s boiic'V....".".'.'... -' '
i'nACTiTio.VKus. (Prue/iaens). ^"'
Rcrerciioc to
{V ■ Accountants). •'■'"
I'UKCKDKXCK.
la'SvS.::^!:';::;:!/::::^;;;-^ .24::
I'lUKST.
Asa witness
PlilSONKItS. *''
Service on
PlUVATK WHITIXCJH. ''^
Jndf^nnentbydefhulton on ,
i.*'itiiiiti as signed.. '^ "'■•'''
Ahidavit.. , ........7.... *''.'
PkiVILEOED CASES.
I" appeal jjjj^
Privileged CLAI.^fs.
Order iuul oollocalion of... ..a- ,
r rS/"''^'''i'^ i^y g^unishment:;:.:::.:::::;"'''' '' :;^?;
VV. tolloeation). ''■'
PniVY COUNCIL.
Apj.eal to— from review. , ,
Appeal to from Q. JJ... /''j*
security for costs!'.!'," Jl.''''
Certificate to stay e.xecution.:!.! J?
Decrees of. '''^'
Procedure. ■^^^^'^
Cases unprovided for
- 1
INDEX.
300
Interpretation of rules.
Ant.
AMI
Of moveables seized [>'>'.) ,')tjO
(V. A'xrculioii).
Of return of ,>;uninii)U-i (V. lietunt) 7T-8
Of seizure of inunovciibjea (V. Juivcutiun) G38,t;41
Of property ?e<iuestnite(! 878
Pkocehh :— (V. Will)
PROiiiinTio>f Whit ok.
How applied for 10:U
Service ot demand for 7.-,
Appeal from Judo-nieiit • 10;;;!
Procecdiu<,^s by.. 4
PROMI.SSOHY NoTK.
.fudgment by default on 89-02
Initials as sij^ned 4;»
Affidavit if sij,niatnre denied or protest objected to 14.")
Are liable to seizure ,-,(;-)
Summary procedure on 887
Prook : — Inncripdon for „ 2?,%
Notice 2.>r»
How take down •>;{(;
i{oll for 2.!7
In summary matters 8;»t)
p:nquete days 238-239, 243
Postponement of 2ir)-G
Incitients of — ^ :;]9
In.scription for proof and liearinir 24:!, 107,5
Judgment on 470
Of articulation of facts 212
Witness about to leave 240
Witness unable to attend 240
111 another district 241-2
Party as a witness 251
Commencement of proof in wriiim/ 251
In proceedings affecting corporation.^ 1003
Application by motion 310
Pleadings amended 320
n
1
1
310
INDEX.
Bv ^t
tonopnipliy 3.
Am
^\f?ainst corponilioris ilk-rrallv fonlii-d'.'&c
III
iion-nppciilaljlf case
Oil nil til.'i
iH'H at oiico ■ ' '
\ (Thai ailiiussioris
Taxation of witn
('Ouiitcr-proof.
0'/, .-{L'O/., 3'J[>u
100:i-4
;»Tt;
008, 110 i
r.v2
cases.
ess.
Fail
iifo to prorecd.
I'ronfa taken do
Ufl)roofs by cc
0(
Wit
Writt
Dei
>iiis to he assi<;rit.(l f
'11 esses to I.e swori
wn at IcHf/th :—Unw o/rocK-d
)tlSt'Ilt
or.
en out.
)()Sition.
2G.3-.1
280
2S4
2S.-J
2S(;
i88
Proeediirc 28:t
Object
ir
lOll.-
Cl
ow witne.'sses are ex
Alt
<).«111<' of,,
amined.
eratioiLs of- bv witn
rjra.-^ures, &o.
es,-'
VV
Otli
10 mu.st be present at— .
■er witnesses excluded.".
Order of he
Fail
lire to proceed
ariiig witnes.ses.
200
201
20'^
m
2!it;
29f;
208
290
/•oo/i.T.V^/roVc-:— Notice... '.■.".'.'.".
Must be filed -^l'
In
circuit court.
In coiUcstated ca
IllSC
Nod
Bv c
lurin<>: term
I'iption
ses Hi circu/i court -.—Evvry day
ce.
onsen t.
318
1070
1071
1072
107;i
is taken orally.................. ^^P
i)
eiiiurrer,
111 another di,strict'.
J 'roof before h
Wit
nesses
■mmmers .•— SufHcient cause
1074
1077
1078
300
Powers of examiner..".".".'.".". 'i^'^
Interrogatories on artlcuiated "fa'cts."."."."."."". '
Ret
urn ot proceeding's
J 'roof of Jl
(V. Evide
■i'm/i
'/>
304
305
30(>
nes
nee, Witness, fmprodation, /„.,,
on Articulated Facts, Jury Trial.)
120-
ntcrrogato-
INDEX.
Am.
520^/, .-JL'O/^, 3Ui>a
c lOO,-]-.}
f»Tt;
io;iS,iioi
i;^2
uses 2G:{-.1
2t;i;
280
'JSli
2s:!
;<-(l. 2.^4
2S5
2S(;
287
288
2S;»
2rto
201
OflO
2?:i
'^4
'29r>
2!it;
29(;
2!*8
2a[)
317
318
107:»
y day
1071
1072
107;:
1075
1074
1077
1078
300
304
•■.. 30!
305
300
220-2
oijato-
Pkoi'
EltTY
311
Art.
Liahlc ti) sciziirp.
.'ROTEST.
Fo™s Xos.3-11
Photiio.not^iHy.
Ju(lf?menl.s in vacation r,o
I'owers of i'>|)
In aliHcnce of judj^fo !.........,!.... .}t"ir)
May adjourn court .......!!..!!. 4t;8
May order moneys to be paid .!...,......!'...... 7)3
In non-contentious proceedings ..'" i3;j3
Provincial SKcni;TAuv.
Absence of judges n^o
Petition of rif^ht j^g,>
Provincial Theascrkr.
Attachment fjjg
Provincial deposit oki'ice 542
Provisional Possession :— (V. J'o.s.':esiiiou) 70H, 1327
Proxy.
At sheriffs sale Q^f>
PuiiLK'ATIOX.
Sale of moveables ." 57v>-3
Sale of immoveal)Ies '//_ (j'iO-^
Of order to call in creditors .....'..!."....",!!.".. "" (jo'j
Of sale by licitation ..r»29-;50-.3l
PunLic Bodies (V, Corporations)
Public Offices.
Usurpation of— (V-. Usurpation) lOlG-21
Pcblic Officer.
Notice of suit 00
Pi
Q
Q
Q
Q
Q
Ra
Ra
R.
Rk
Re
*'" INDEX.
Trial in anotliprdisfricl ^]^J-
S(;iziire (if'sainrv '1^^'
Miindamiis a},'ain.st heir (if............ lol^
I'rHCMASEli -.—At aheritPn mle : c""
I><'l»tor cnniiot IxTomc „.!.
I{,v proxy ^'*''
I/asf bidder beeoiiieH ''^'' •
ifTirmatioii of
2M
;evisi(>;i of jiid<riiienfs
.|»poal fi'oiii'jiid<rmeiit3.,..!.' ,'\,'
iiliiiciitioii of >alo ''''
onnties in district of— ''"'Jp
iinlicue of city of— ,'.!!!!!." . .'*
^'.sBkncu {Appeal 5/7^ :-I'roceedi"ng3"' before
I Ai>i>ral)
'ly sit in vacation. ...";;;;;;;;;:;;;;;;;;;;;;:;;;;;/' ^^'^'■^^^y-
ION'S
270
itness may object to " „^.
parties disagree ^'J;
judges in appeal j^^g
H
ivilege
creditors
le onnimoveables'.'.'.".'.*.".'.".",".".".".''.".".'.'.".'.".".". ^^^7^,
Title (V. Confirmation of titlp\
INPKX.
313
AUT.
:^r->r,
(\2h
lOl'J
G74
6T<;
r.Ht; .
08.')
r,095, 711/, 712
255
400
1117
r.-j
i;i'>5
1358
before
• 1114 f< nrq .
1
270
274
290
115G
552
606-9
724
949
.... .^7-8, 41
1133-4
Delay for nrisworiiip',...
Proluiigiition of tit'lnv;
Akt.
1135
ll.'ii;
lO'J
KECOlinER S COUUT.
.lurisdictiuii in certain citie:>
Evocation from
Recusation.
Action in an atljoiiiin},^ district 42
CrroMiuls of. "'
Km'ct of ".v...."'.!!.".!!!!!!.!''."!.'.'"".'.
Delay for making ""..
Afliiiavit •
Petition
Proceedings ''
Written proof "
If maintained '.,'..........,
If dismissed
Party may renounce liis riglit to
Judge may decline to sit .....'
Of Artiitratorx
Of Commin.^iuncrx: same^^auses as in courts .'
In writing
Effect of ^!"!!^!!!"!!;.'!^!!!^^!
Of experts'. It valid !.!!.!]...
Grounds for .........!.......
Of judges inup/jcal: yanio causes as in s. c 1175
Redoitioxs de coMi'TEs. (\ . Accounl) 521
Rk-kntry.
upon abandoned lands Olla-OllZ
IS
d
84
86
88
HH
90
J
J
314
INDEX.
Art.
- (J
410
Rk-kxami.\ation.
Of witness by counsel
Of witness by jury
Rk^khkk.
Appointment by court kv .,... :u3a-34Vc
Kkkeukxck.
To accountants, experts, arbitrators, kc 321-40
lo statutes ,[
To advocates apj.oiiiteii by c"ouVt!!.'Z.V//,V.'.!'.343a-34'^/'
Ti^c-iSTKus—Of civil stalus.
Formalities ,„^,
Duplicate j;;'!'
Persons bound to keep.'".'.'.".".".'.".". vr^ .,^-1
Petition to rectify lov',!
Persons interested called in
Judj?rfient or rectification ..
ProtlioMotarv
Of authentic act
12:!!t
. 1240
1241
1.339-40
12.-,2
<//rei/i.sln/ olficcx. Autlienti'cat'ed".".'.'.'.'.'.'.." {^!^^
xuubLSf S""'"""- '"""'""" ""'-"'''- iit
0/ relumsto writs o/earec J^n.*''Kept''by'''pr'ot'ho
)tary
O/dfcreen'ot'tlic prir// council.
Registrar.
Deemed an officer of court....
Registrar's certificate.
718 lir.
.. 1182
740
Kxecution upon immoveables 097^/5^,7 73<! 41
In sale by liquidator ^■' ^.^j
Confirmation of title or-
Is prima facie evidence
Amendment of !!!!!.'.".
(V. Certificate of Hypothecs).
Registration.
Wife carr
955
738
739
vyite carijinrr on trade, must register osi
Of acts ot civil status, etc., (V. Roister.,).
Forms ot memorial for - of deeds, judgments.
Rel
discharges &c
Of judgment, form ot notice" .".
Kencwal of—, form of notice to
ATIONHHII'.
EUect oil evidence
.Nos, 14 c( seq.
No. 24
registrar No. 25
252
Al!T.
272
410
:ii3a-34?,k
-321-40
2i;
343a-34^!^
123.;
1237
1238 20.-)
1231)
1240
1241
1339-40
12r-2
1242
Jsited... 124;!
1244
protho-
718 lir.
1182
740
Hseq., 738 41
711A
055
738
739
981
raeuts,
^ns. 14 et seq.
No. 24
No. 25
252
Art.
IiELUaoCH I'HOKKSSnt.V.
Registers of — (V. h\(jislers) 123G
liEMEDIKS.
Against jiulginoiit (V. Appeal, li'.vi.v'nn, Cer-
tiorari, etc.)
I'kmovai,.
Of efTects iiii.lor soizure 5n.l
Of seals (V. Seals) 1292
Rkxt.
Attacljiucut for— (V. Altaclnncnt) 873-,-»
Action \\)v rescission H88 144
K vocation 1058
liEXTS.
Constituted — . how seized G32
Ground 640
Opposition for 040 99
Oi)position3 to seizure and sale of— (V. Opposi-
li'in.i) 0)52
Collocation for 7;{3
Collocation of arrears of— 734
Suits for— payable to ITor .Majesty 1054-8
Demand for— of lands illegally detained 1108
Api)eal in mutters of ". 11.12, 1178
Description in summons, of— constituted for the
redemption of seigniorial rights 52
Renunciation.
Of default judgment 9.']
Of whole or part of judgment 477
Of judgment 1130
0/ communitii 9FO
Repaius.
To property sequestrated..." 882
Replication.
Delay for filing lOD
Report.
Of distribution (V. A'xccntion § Collocation), 724 et seq.
Contestation of— 742
Of experts. — How made 33(j
Contents 3;!7
Penalty on delay .338
Of referees '. 34.3/
26
31G
INDKX.
Hou" availed of.,
•Art.
uj (irroiiidaiUs >\c
_, ' J4'i
KKI'IUMA.NDS.
Courts i)roiioiiii('('
Repuisk n'l.v.sTA.vTK (V. ConliwMnce of, nil) i.;^
Rei'uisks ok wikk.
Proceeds of— i'l vested , ,
Couliiiiiiition of title ', '_ ',^^'
Kxeciitioii rn.'iy issue *•*..".'....'.".."...".".".'.! Ci
Requkti-; civh.k.-CV. p.ati,,,, j,, rrvocniion nf nuh,-
. ""'"0 ;.:....... 505-:.
•Rksale kou falsi; iui.i.inc; {Fullr^tnchlrL).
Wheu nnd Iiow demanded ,,„,
U'liomay ilciiiaiid .'; ,
I'roceediiiL'-s suiuuiarv !',* ,
Liability of false ludd'er ,,r,.,"':
I'urcliascr mav prevent '•/[
UntnecessaiT to elfect ,.',''
deposit •• „ *;■'"
(^"rtifieateofln-potl.ees '■■. *'^™';
(irouiid of niiliitv - -
Claimants ma v demand..'.".".".*.".! -./,
lOO
KSCISSION.
Of lease (V. hsmr ,in,l iwee) co? w .
Ke.SIDKN'ck. '
Stated in writ .
Resistance.
Imprisonment -
REsro.vnKxr.
Appearance ..
Appi.,,1 continued by .survivors .^'^
(V. Appeal) " '
liATlON.
"^^^^^^'•"; ■••; i:jo3
XIT. — ( V . discontinuance).
Ri
Be
KETritN.
Writs
K fleet
Retur
Conto
(Jonte
jMay b
Contc
( )f vei
Of opi
Of wr
Of wr
<»f m:
Ofliai
Of exi
Proc&
Of wr
Ofren
Of exi
Of eor
Of mo
Revexdic
Attarl
Revenues.
Jurisd
Kvokc
Review he
When
Before
Depos
Inscri
Elfect
AViien
Davf
Roil f<
Judgii
Effect
Xo an
Writs
Non-c
Of jud
Ofjud
Of jud
to
INDEX.
J17
llETrHN.
WritH
lOHects «>t iioii-iL'tu'.M ,
Il(,'tiirn of service
AuT.
70 ->^ I
Contents of retii;ii 7,s
(Contested hy iin probation TO-l^lt
May be a men (led SO 159
Contosteil on motion i:,()
«)f
Of
centre
fa
rias.
opposition^
r.«5
Of writ of execution (V. Kxeculion) I'.liS et serj
Of writs of attachment before judj^'uiont 84<j-!.)
( >f mandamus lO-jG
Of hal)eas corpus 104'2
Of executions nxjui ('. U 10M8
Pr
oceedings on sucn return I(i90
Of writs of apiteal ] 121-3
Of removal of seals i;i(»l-2
3()()
!18
(f/ exai/itncr
Of commissioners.
Of moneys unduly paid over 7G
ReVE.NDU'ATIOX.
Attar /n:i'- III in 8C!G
Reveni;es.
Jurisdiction of C. C 1054 ^ 2
Evoked from C. C.
1058
Review hefghe tiiuee jcdge
When may lie had 494
Before what judges 495
DefioKil 497
Inscription for review . 498 500
Elfect of deposit and inscrii)tion 499
When case mast be heard in
Davr for .'
Roll for hearinjf.
Judgment
"jOO
lOO
'.01
Effect of chanjre in the court 50.'?-4
Xo appeal where judsrinent conlirmed 504
Writs of certiorari j'jiM
Non-contentions proceedii),L!,s l.'UO
Of judgments on caiilai..... 823
Of judgments of C. C 1091
Of judgments lu suits for illegal detention of
townships lands IIU
318
INDKX.
Rkvision ■.~()fjuh)mnth Inj ,pj\nih '\',',^:
III what rases ..',
Petition and (i|)i)osifi()ii .^'.'
(Jltjio-^itioii t(i 111' tiled .^V.V.'.VV/.V ".*"//. v.... k'
l;llfrt ofriiicli opposition !...'."...'."" j!!^
-Notice given \' _ ,^,
Maiiiti'iiancc of opposition '....".....'... ijVi'
//'/o/v T/,n'r',fi,l^,s:—(\\ /.VcjV'H-) ...""! lu
Of J.iry list ■ .]..
IiKVOCATKiN.
I'ftitioii in— of jnd'niK'iit r ,-
(V. j'di/iun ) " 'i'''z::zz
liKillTS.
Sued for iK'foi'p jiroper court ]>
Proeccdinfrs to enforce ".".'.*.*..".".." •']
THou,. ■<
For -..roof (V. /'/v,o/") .,■.-
For !.; arin rr ( V. J,'iycr/j>tioiij. ."."."...!!.' ..".'.'".',' .'.*.".'.".".".'.' "" '
ROTUHK.
Seizure au.l sale of property lield-fH (571
iiULES OK PliACTlCK.
Judj^cs may make .„
Applyiug in C. C ".'.'".".'.'.'.'." ](,v!
Court of queen's bench .'.".".".!!."!." 1177
Safk-Kekping.
<)f in cases of execution r^^^
In eases of attachment Irjfore judgment... ".".'.",'.'.1'.^ 847-8
SA(UIEXAV.
Sittings of cor^fts in 1 .,-
Ajjpeals from ..'.'......*.*!."....... i\\-
Saisie-Auuet :— (V. Sciziin' /j// rfanm/unenf) 612 ef av,,
SAisiE-AiutftT AVANT Ju(iEME.\T (V. Allac hnie?it).. 834 et mj
Saisir.arrH simple :— (J. Simpffl attachment) 8'{5
Same-arnt en viain tierce .•— (Y. Aitachnicnt by
garnisliment) ■_ ^.--
Saisie-Executicv {Y . Execution)
SAisiE-(;A(iEniE -.—{J'Upar droit de suite) ' 373
V . Attachment for rent^
I-VIJKX.
mo
Sala
!k-kkvi;\i)icati(.n(V. A/.'<ic/,
'nil' /,' iiirc
uv
. Airr.
Of
8ei
[>iil)lic oflici
llttSllU'll.
^cliDo! tea
(•lie
iVc,
Ztifc ol".
J^ow .sued,
M
"lor niav sue \\
Sai,k — Of'
Piihl
Piil.l
mona/i/ts ini(h
r ''.r'Ciilion
icatioii of ii(,ti(
-Vol
K'C
N
iciitioii Ml (.^iiL'bccaud Moiit:
ew Notlcf
val
(Jiiardiaii.
Sciziii^r oflicLT cai
Aliriiitcs
iiiot hid.
Adj
I'onalty
iiuication and payincnt.
'>i;ii-yulat('s order of sell
I'll'-.
larifo
Debt
iiS^FiS";;:!;::" ■.ita"-;;;;;;;;;^,,,.,.,,,,,,, ,,
iJt'iiiaiid !o ai
ti^.S
KS7
'U .
.>l)i
;>;>(»
5;((j
Costrf of.
iinil
Cont
()
faint(! i)ar corj)
PPositions to-(V. vcrho).
Of inventoried
(V. I>i>u
Of
'nluri/).
moveahi
C'S.
t;o()
782
580
i;nL'-
Opi
nnJf,;!;f:',^^r" "'i'/^'* f^^c«^^o,/( v:a^;;;;;;
•osiiions to— V
0/
Ut immoveables of wiiidi il
tiOll).
>n)^y^■>, rj. sejj
A>'A el
nown.
It' owner is uiik-
an.
curator : — Of
tion.
'lerill')..
property beloiigin
900 el «Y/
rOG H
Of
Foiiu of deed of
g to a eorpo-
i<e(,
pi'OF'em-beiongingV(;",;i;;;orZ'.".:'.: ^^\~~i
M
'morial lo
School Taxks
r registration of deeds of.
AM) Feks.
.Wrt
i»urisdiction.
Opposition...
10,^
N
ii])peal
feCHOOL TeaciikI!
Salary of.....
IL'GT
If*
ii:
G28
320
iNi>i:x.
Sc
Sk
Sk
Sk
Sec
A in,
IKK Facias.
Writ of T^
To annul letters iiat<jiit l't;"i
Ai. — Oj'llic ci/itii : — Al».-ciifc of -IT
AKS ; — A III. fill;; of : P'oinity of a >iioces>ion 127:1
Coinrnis.sioiuT l-~"
Mimitos 128J :»
]lo\v seals are atlixed l-"^-
^Vili found I'i'^l
Doors tastiMH'il I-'--
A (leclaration of oi)iiosition l-S'^
iletcreuces to judge 1-'^'^
!\Iinu1e.s tleposited^ 1-:"|
Second lixin<r 1-IM
if declaicd null, effect 12'.».;
If niaiie before burial y~J->
Order of collocation of costs of C0<>
Roiuinil (if: — Applications for 1-!'-
Deliiy for Vl'-':>
WluMnay ilenumd l-'"i
How applied for J-'mT
Delay on suninions .sUO-K'.'iT
Inventory ordered l-I'"'
Procurator l'-'-^
Persons represented at 1-''!'
Inventory i:ii">
Returns to Lo made b">"l
"Wliat return must contain K*-"-
Proceedin<?s 1'' '^
Pr()llit)notary biMi*
Decision subject to revision 1340
MKN.
Sei'vice of summons on •)<)
^lay Olio summarily 8s7
May recover wages before justice of the peace... 12 bJ
KKTIXd PKOPKHTV.
Attachment 8:i4
(V. Allachmcni)
UlUTY.
Dilatory exception I'-O
Proceedings stayed ^-^
Failure to i)Ut in l'2l»
Protlionotarv 12'J
INDEX. 321
AUT,
Judc'iiont ordering 514
How given ;") 15-520
Hy curator to iit);inilnnni('nt ''On
In apjieitl : — ApiK'Haiit mu>t give 1 1'Jt
How received 1 11' a
deduction of 1 1.". 1
Frnm cirriiil court 114.'!
How given 1144
^\'iiiit suflicient 1145
Execution ot judgnieiit 1U(>
(jonit to regwlat<' 1177
in suits fur illegiil detention of townsiiip lands //;
iil'/iedl III pr/i'i/ riiiincll 1 170
On evocation from conunisiioners' court I'JOO-I
{\.Sure(ie)<).
SKOrcTION.
Before commissioners' courts 1189
Skki.nouial RHims.
Rents described in demand 52
No ojjposition (15!)
Arrears ])urged by sheritf's sale 7in-;t:!()
Kxeeution ". 1087
Sr.izuiu; nv (iAUNi8n.\n;.sT — iSiiisk-an''l).
When resorted to <«12
How made OK}
Debtor to be summoned 014
Garnishee served personally <)15
Effect of ' 6]t;
Ciarnisliee declaration ; by a cor])oration 617
Before return day 018
Travelling expenses 020
Judgment against garnishee 021
Seizures by different creditors 022
Garnishees failing to dechire 024
Judgment on garnishee's declaration 025
Contestation 02G
Things whicli cannot be seized 028
Negotiable paper &c 020
Distribution 030
Discharge of garnishee 031
Before judgment 855-865
In circuit court 1080
(V. AUaclnnen!, Ezccution).
322
INDEX,
Skizchk.
AliT
Of nioveabl
OS 111 cxcriitioii.
SePAHATIOX ItKTWKKN CONSOIITS.
Of profip.rhj :— Vomu; ok
Autliorizatioii ,"_:;
Furrnalitie.s .......'.,. n-i
Any croilitoruiav in tcrveno '...".'..'. o-r
Confossioii ." ■ '\'
Kopriscsof i)laintiir .'.".'.'."" gi^
JiKlffnipnt, lunv cxociitcMl and publisiuMi.'^.'.'ir.'/ii'TS, 981
ConiniuiMty '__ ' q-n
Wife's rL'niiiioiati(»n !!."!'.!..".'.'."!.'..'.". ggo
Declaration i.y niarrie.l woman ("arrVii'iK on'tmVle 984
Confirmation of title ' ooo
Immovcaliles in j)aymont ,jg4
From Bed and Board {do corps) : -Tk'ferenco'to
civil code OQ'
Venue '"' '^"■.'
Necessary preliminaries".'.'."."."..'.'.'!! osr
Attachment ^^]^
Revendication it'
Provisions of trial, etc !.".'.'!!!!!!. V. noq
bervice on wife separated .'.'.*.'!!!!!! !!!!!!!!! 07 '
Seqi/estration.
Immoveables under seizure ain
Demandsfor ^^^
During long vacation...!!!".'.".'.!!!!! 1
Nomination o^i
Sale of perisliahle things!.'!.'.'.' a-Jo
Lease of enjoyable riglits !.'.""." 38O
Neither jiarty can become lessee p«i
Repairs &c ^"^
Duties 11^
Order for " ^^
Discharge"of'se'q'ue'srr'd"t'or.'.".".!!!!!'. *^'^'' ^^^' S
Orders of °°|
Appointment hindered"!!!!!!.*!!!!!!!.'.'.'!!! ■■'!,■!!!!!!!!!!!! 880
Sequestkatou :-(V. Scqucsiration) ^
INDEX.
323
SEIUiEANT OF MIMTIA.
May serve sumuioi);
Art.
HOG
JSicn
vn ail i)rocee(lin£?s 4(3')
or jiul<r,nent,....^ .'......'.!".".'.'.',".".'.! 476
iiostriction for costs of ." 431
Incase of seizure of shares ",..." r^c^G
Of op[)ositions ......!.,..!!.!". r,85
Of opposition to marriage .'.".".."....'.'..."!."!.' 991
Of summons on corporations illegallv formed or
violating- their powers, &c ." yyy
Ut writ of mandamus io23
Of writ of appeal .....!!!."! 1123
Of interrogatories upon articulated facts.."..!..'.".'.'."." 223
Ot w-rits of seizure by garnishment 015
Do do upon provincial treasurer 615
59
61
64
66
67
63
»)9
70
324
INDEX.
\r
AltT.
Of opposition to sale of irnrnovpalilo.-» (j,")4
Of declaration in inattcr:^ o! capias ami attacii-
ment 804-850
Of writ of attaciiinent if iii'l)t()i' ho aliscnt or con-
cealoil 852
Of linltditx cor/iHs ill Kiilijiri' U'hiiii 104r!
Of petition to appLMil from jmlj^iuont of ('. IMS
Of siiinnions in commissioners' courts 119G-7
Of writs of cerfiiirari \T1H
Of order o.i notary IJ4!)
Of jjroccedinifs in suit, on ])art_v wiio lias left
Lower Canada 84
Hekvitudes.
Ojjpositions to secure 050
Shoritrs sale 70H-;t
Sale by licUation 93G
Sktti-ehs.
Exemptions from seizure 555-0
Sevehanc'k.
Additional costs 71
Shares.
Are liable to seizure 505
Seizure of 50(3
Duty of sheriff 508
Belonging to minors 1267-73
Curator to vacant succession 1335
SlIEKIB'F.
Improbation against return of, 150
Coroner acts in his place 400
It: — also coroner, prothonotary or deputy acts 467
Sales lj>/ — (^V. Execution, Sheriff s sales) 708, 711
licgisters of 1243
Safe keeping of effects 508, 847-S
Oppositions 585
Cannot bid 591
belling shares under execution 508
Moneys levied by 001
Execution against immoveables 634
Second seizure 642
May exact $4 047
Place of sale 671
May retain costs 705
Ktfect of sheriff's sales lOHetseq.
Aut.
CM
84
c,->u
71
ir)f)
4GG
4(J7
708, 711
... 124!!
38, 847-S
58')
... 591
5!l,S
.. fiOl
... G34
... 642
.. G47
... 671
705
)G et seg.
iSKF.X. .{.jr,
Coercive impri.'sonnient -^Jq
Duty of— id exccutinrr a^tins RIt'^S
DHcliarfririrr .U-htor on bail (V. Cnjiiai)!!^^^^',^'^^'' b->[)-30
I>ce,i I
Convey .s ownerslii). ,'".
Pmclia>er takes piopcitv ^n?
A.ij.Klieation " VlL
seivitii(ie,> ; r.°
^^ei<r„orial lirrhts, euipliv icMsi j or^uiisUtuliou'ur '
ctistomaiv (lower -i^^
All other rearrij.^i)ts " l\l
If piuclia.Hor fail to pay -,./>
Vacatn,;,ot:--M wlulsc instance efli^cted""" i;;;]! 7/4
Application foi 4i-
DeUiy ; :)•':
Ground.-^ of niillitv. .!!!". i , '
u (
bHU'.S.
Service of summons on musters or mariners cg
Sickness ok jri)(;E.
Juilgmont diiring— (V. ./«Jy,.) jj-^j
Sl(;.VATI-IiK.
Denial of how pleaded , ,r
„ ' 115
biTTlNda OF COUUTS.
How re<,nilated ,
Uehavioiirof i)errion.s at ..'.".'.".' a i
Maintenance of order during ] '.'.'.■.■"' A' „. 'T'
5v diHbrent judges at same tmie [..'. S
Sl.wder.
]5efore commissioners' courts jj^g
Sous-ORDRK :— (V. SuL-coIlQcaiioiA -7,-.. ,
Stamps.
Omitted iu urgent oases .^-
t, 4G7a
Statement.
Of facts (V. Articulation)
Of impugned document ' ,,.0
Before referee ., ,
Of/act^, in jurv triaiy.'.".".".'.".".".".'.'.".*.'.'.!! '"S^
In abandonment of property t-g^
326 INDKX.
AUT.
StATI'S.
RogisterH of civil— (V. I %;/ inters) \2'M
iSTATlTK.S.
Abbreviated reference to 2G
Stay : — {O/execulion).
Order for 10f»4
III eiiije of luoveabk'.-i '>h;>
In ease of ininioveiiljje.s Ojl
Of jiidgiiieiit in aiipeal 1179
]{y petition for revocation of JMdiimcnt 507-9
(ifproccediiif/s: — In niatV'rs of intervention loG-?
Cunrt of Q. ]{. may order — in conrt Ijelow 1177
Stock.
In manufactnring or financial associations
(V. S/titraa).
Stknookai'my :'>20u,'320b,.i'Jda
STlilKINd.
Of i)anel of jnrors (V. Jitnirs) 302 ct scq.
Suli-COM-Ot'ATlON 753-0
SUIIMIHSION.
Definition 1341
Wlio may enter into 134'J
"What deeds of — mnst state 134t
Mnst be in writing 1345
AVhen — l)ecomes inoperative KMS
(V. Arbitrators award).
SUH-OPI'OSITIOXS.
Must bo served 754
SDIiOUNATION.
Ground for recusation of expert 327-244
Subpo:n'as.
IIow served, (V. }\'itncss) 248
SunSTlTUTIOX.
Curator to 1205
(V. Tutor).
SUC^ISSION.
Jurisdiction 39
Dilatory exception 121
Appointment of curators to 1203
l.NDKX.
327
Art.
Seals on property of r27r»
Restoration of j»iipcrg, kc KiO.'J
(V. /nveiitnru. SeaLi, Suh:K, Hinejil of mvenlori/.)
Vacant: — When decnuMi so ITM
Appointment of curator to vxvi
How appointment id made \XVA
Duties of curator to i;i:!4
Powers of curator 1.335
Must render accouiit^i of lM3r,
Proceedings to remain of record 1.33ft
Prothonotary 13.39
Decision subject to revision 1340
SuiJt'Ria 14
Suit.— (V. Action)
On fon-ign or provincial judgments 42a— 42(/
Continuance of (V. Continuance) 434
Discontinuance of 450
Abandonment of. 395
Peremption of. 454
Summary Matters.
List of 887
Delays , H91-2-3
Proof w()4-5-6
Judgment 898
Summons.
Defendant summoned or heard IG
Where— should be taken out in different kinds of
&ciion3.—{Y . Jurisdiction, defendant. 34 42
Delays on 24
Suits in S. C 43
Writ of. 44 e\ seq.
Delays on — In superior courts 75
In suits between lessors and lessees 890
In circuit court 1066
In prosecution for usurpation of corporates rights 1000
In prosecution for usurpation of public o{fice....75 1017
On mandamus 75 1024
On prohibition 75 1031
On scire facias 75
Un summons in commissioners' court 1194
Actions must be commenced by writ of. 43
By whom, and at whose instance 44
May be in English or French 45
By whom signed and attested 46 51
Absence of seals does not invalidate 47
328
m
INDEX.
To whom directed ao r,,'
Tenor of. [.[ZZ'^'.Z:: 48-9 ^J I
If scTeral defendants in different districts several
writs must issue 4u
Of defendant out of district
In actions on bills of exchange
writin
401
50-1
117
notes or private
wnimgs 49 887
Corporated bodies how described in '49
Cause of action to be stated
Object to be clearly described in
May be amended .'.".' 53
May be served on Sundays orhoiydaysby'leave "
„ ot judge ,•; ;;,, 54
Hours for serving rr
Service of— how effected ".."Z;'.".'.'."'.', 56-7
Summons of defendant residing in same domVciie
as plaintiff r^o
Of several defendants ..!!!.'.!... 59
Of a general partnership ].'"'.' qq
Of a joint stock company qi
Of a partnership without a known'office..'.'."!."!*"!' 62
Utabody corporate q-^
Of foreign companies and executors ....'..'."."."." 42c G4
Ut church fabnque and vestries V.f,
Of mariners ".^
Of wives :;;;;.;::; J5
Ofabsentdefeudant !>h
In Upper Canada ;.■.■■.;: ^q
Of prisoners '.!*.".'.'.'.'.! 70
Service of— in church, in court,"*oVon floor ofthe
house ,,,
At elected domicile .....,....'. -Jo
When to be made returnable..".".'.*.".'.. 73
On whom bailiff cannot serve 74
p1^*«^ returned by or on day fixed ■.■;.".."."".'.';76 81-2
Oertilicate of service.,..
(V. return and service).
Informalities in writ of
May be amended
78
no
If copy of— be incorrec"t.'.!".".".".".'.''.'.'.".". \\l
Nullities, how waived }m
Kelurn of service of— how con tested! !!'.".;.V.'.'."7. 159
m suits between lessors and lessees 890
in action of separation between consorts.. • 974
Formalities on - for usurpation of corporat"e
^^'^^ 998 etseq.
INDEX.
329
Art.
In actions against corporations illegally formed
or exceeding their powers 998-9
SujnmoTifi in circuit court.— Provhnm?, concerning 1065
Delays upon 1066
Service of. 1067-8
In commissioners' ftlMr^— Delay upon 1194
Tenor and contents of. 1195
May oe served by bailiff or sergeant of militia 1196
If accompanied by attachment 1197
In non-contentious proceedings. — Delays on 1337
Sunday 54 73
SUPKRIOIl coniiT.
Jurisdiction of 28
In matters of capias 808
(V. Jurisdiction, judge, pleading, review, appeal,
evocation, «j'c.).
Supplementary DEMAND 18
Suppression ok writings 9
Sureties
How offered 515
Sufficiency how justified 516
Ground of objection to 517
Sufficiency of— how decided 518
Bond to remain of fecord 619
Acceptance of— decided summarily 520
One sufficient unless two specially required 520
For curator to abandonment 770a
In appeal.— Judge may swear U26
In appeal from circuit court 1143
Qualification of 1145
In Appeals to Her Majesty .—Justify upon real
estate; one sufficient '. 1179
In matters 0/ Capias :—(Y . Capias) 824 et seq.
In matters of attachment 853
(V. Security) .'
Surprise.
Unexpected evidence 216
Surrender {DSlaissement) : — Of moveables or im-
moveables 534
Voluntary— of an hypothecated immoveable 535
Curator 536
Powers of curator 537
330
INDKX.
Surveyor. '^'*'''-
Appointment of 940
Suspension.
Ofjudgeof Q. B 1161
Place how supplied {Y . Judye) 1162
f-'J Judgment of Distribution :— 731
T
Tales.
Jury may be completed by 391
Tariffs op Fees.
Promulgation of. 29
Penalty for exceeding .......T... ...... "".'... 29
For stenographers ......'.'.'.*.*, "320rt 320h
Queen's bench (appeal side) may make ..".!.... '1177
Taxation. '
Of parties answering interrogatories on articulat-
ed facts 233
Of witnesses ...'.'..,. 280
Execution for ".............. 281
Of costs of suits and revision thereof...,!.... "'. 479
Of guardian ■""' qqq
Of costs in appeal ".»...!..........!....,.'. liY5
Taxes.
Payment of municipal or school 719
Tender and Payment into Court.
Definition of 53g
How made ......!..."!!!,...*' 539
May be made at elected domicile......".".."!!!!!!!."!]" 540
Authentic document !....!!! 541
Renewed by pleading 542
Expense of tender ....!..'..'.'..".' 544
Sequestration in cases of— ../.!!!!!!!.!!!!!!!! 883
Tenements.
Suits concerning titles to, are subject to ap-
P*^al .,„„...... 1142,1178
Term.
And sittings of courts 1
Courts may prolong or shorten "*".. 1
(Y. Courts).
IKDEX.
331
. . ^"1 Art,
Provisions relating to non-appealable cases re-
turnable (luring 1093
Tkums.
Circuit Court does not sit in— in city of Montreal 1059
Testamkntaky Execctok:— (V. Executor.) '
Testificandum.
Writ of habeas corpus ad 253
Testimony :— (V. Evidence.)
Texts.
Interpretation of code in case of difference be-
tween English and French text 1361
Thanksoivinc; Days : 2
Three Rivers.
Appeal from district of. ..■ nn
Banlieue of ,, 1358
Tierce Opposition ;— (V. Opp^rii^ca) 510
Tiers Saisik :— (V. Garnishee.)
Timber.
Penalty on persons cutting— on property taken
in execution ', 646
Title.
Confirmation of— (V. Confirmation) 949
Evocation of suits affecting— from C. C 1058
Defendant in suits for illegal detention of lands
held in free and common soccage may plead
adverse mo
All demands affecting— are subject to ap-
peal 1142 §3, 1178
Township Lands.
Partition of held in common (V. Partition) 9I2
Possessory actions -. 1107
Trade.
Formalities requifed to enable married woman,
separated as to property to carry on 981
Traders.
Governed by provision of Insolvent act 780
Transcript.
Of record on appeal to Q. B 1120
^2 INDEX.
A DTI
TKAN.SMI8SI0N OK RKCoui). (V. Record.) 2S
Thbascrkr.
Service upon provincial 615
Trial.
PostponeTnent of 216
After delay for answering articulation of facts... 220
By jury (V. Jury) 348 et seq.
Motion for nGVf 426
Trinity House.
Jurisdiction of.. 1218-3
Evocation from, and revision of judgments of —
by certiorari 1220-1
TCTOB.
To minors 1262
Assistance of— in appeal 1154
Family council 1256
Tutor arf hoc. 1278
Removal of seals 1299
Powers of prothonotary 1339
Appointment subject to revision .'340
Pleads in his own name, es qualite 19
When liabl'' to imprisonment 783
Special— in cases of licitation 921
Tutorship. (V. Tutor).
u
Ultra Vibks.
Act of parliament or legislature 20a
Uncontested suits.
Proceedings in— in S. C 89 et seq.
Proceedings in — in C. C 1069
Unprovided cases 21
Upper Canada.
Service of summons in 69
Urgency.
Stamps omitted in case of, 467^
Usurpation. Of public or corporate offices 1016
Delays and formalities 75, 1017
Petition 1018
Tenor of judgment 1019
Costs 1020
INDKX.
333
tr A RT
VAfANT .SUCCESSIONS. (V. Succession) 1331 el seq.
Vacating of shkriff's sales. (V. Sherrifs sales.) 714
Vacation.
Long
Courts cannot sit (luring 1
How reckoned in delays. 4(33
Judgment by default by nrothonotary in"..'..'.,.".''' 92
Suits between lessors and lessees "" aaq
Non appealable cases I'noc, nno
J"^i^«"ts :.v.::::..^'}n2
VALUAtlON.
Immoveable pronerty sold in execution 763
Of property confirmation of title 9(34
Of property belonging to minors, &c "i'2'08 e( seq.
Valuators. (V. Experts).
Venditioni exponas.
Tenor of writ of. gg3
When only may execution of— be stopped ."....'.".'.'.".". 664
Vendors' claim.
How collocated with builders' privilege 735-7
Venire Facias •.— Writ of. [][[ 372
How served ^>,.
When returned 377
Proceedings on return of. 394
(J. Jury Trial, Jurors, Verdict). ............
Ventilation.
Of charges on immoveables 735
Venue.
Of personal actions 34_q
.Of actions between consorts ].. '."," '''"''^. 36
Of suits in damages against public officers......*!!."36-356
In real actions 37-8-41
In mixed actions ...."............!!.!'.! 37-8
In matters of succession .,., '-q
Of actions in warranty and" continuance' of
suits ^Q
Of actions when sole judge" of 'dV3trict''mav'"'be
recused _ ^2
(V. Actions, Jurisdiction, suimnons)
334
INDEX.
Art.
Veroict.
Jury fniliriff to agroc on 408
Jury may be pcrmitttMi to retire for the night 408
If they fail to attend again, liable for a contempt 409
Jury may re-examine witnesses as 410
Agreement of nine jurors sufficient 411
If jury cannot agree 412
Reception and entry of. 413
Special— if on an assignment of facts 414
General — If no assignment 415
Jurors may demand allowance 416-7
Must be upon all the issues 418
Costs of suit 419
Amendment of clerical errors in 420
Death, illness, or withdrawal of a juror 420
Delay for moving for judgment on 421
How motion for judgment on — may be opposed.. 422
Affidavit of juror as to reasons of rendering 428
Evidence that — recorded is not that intended 429
Arrest of judgment annuls , 432
Writ of error against judgment on 1114
(V. Juru Trial, Jurors)
Veredicto.
Motion for judgment non obstante 423-4
What are sufficient grounds for judgment non
obstante 433
Verification.
Letters of 1326a-1326n
Vks.sel.
Seizure of '. 560 § 3
Vestkies.
How served withsummons 65
Vice.
Admiralty
No certiorari lies from the court of 1235
Viewers,
(V. Experts) 321 ef seq
Visites des lieux :— (V. Experts)..: 322 et seq
Viva Voce.
laterrogatories— in open court, &c 226
Ditto, before examiner 305
INDBX.
335
Art.
VOLUNTAHY ExECDTION.
Of judgment 514 g, ^^^
Voluntary SuRHENnER.
Of hypothecated property 534-5
w
Wages.
Minor over fourteen may sue for 1193
Raftsmen's — privileged in execution ." ......". 552
Seamen's— may be recovered before J. F...- 12I6
Exemptions from seizure ...558 628
Sued summarily c ' 887
Warrant of arrest.
Who may grant and when ^12
or '■" aiQ
Tenor
813
Form of '"' 43
How long debtor may be imprisoned under..!.'.!..! 814
Duty of commissioner granting 815
(V, Capias).
Warrant of attachment.
By commissioner g42
J'«"o^o/ .■■.■!!!!!!.■.*: 843
Form of 4g
How long effects may be detained under 844
Duty of commissioner granting §45
Warrantors :— (V. Warranty)
Warranty.
Stay of suit..... 120 §4
Delay to plead 122
Delay for calling in warrantors !!!!!!. 123
Form and contents of demand in .!!!!!! 124
Course of warrantor !!!.!!!!!!!!! 125
In real warranty .........!!!!!! 126
Warrantee may remain in suit .'.!!!!!! 127
Execution of judgments of !!. 127
Delay to plead ' 134
Warrantor niay plead asrainst warr.intcc T^/i
In what court action in— should be instituted!!! 40
Delay to answer dilatory exception " los
WiFK.
Service on— separated from bed and bnnrrl (57
separated from bed and board.
Service on— separated as to property ,
67
336
INDEX.
Art.
Carrying on trade must register declaration to
that effect 981
{y . Marriage , Commiiniti/, Reprises, Separation, if c).
Will.
Duty or connnissioner on finding one while affix-
ing seals 1284
Withdraw
Opposition to 658
Witness.
About to leave the province 240
If i>re8ented by illness from attending Court,
how examined 240
In another district 241-2
Examination of — in another district 1078
How summoned 244
May be ^worn before commissioner 241
Duces tecum 245
Summons of — residing in Ontario 246
For such purpose special order is necessary 247
Service in Lower and Upper Canada 248
Service in another district 461
Disobeying subptL'na 249
Travelling expenses 249
Who may be 251-2
Any person present may be examined as 250
Party to asuitas ". 251-261a
Effect of relationship 252
When consorts may be 252
Habeas corpus 253
Must be sworn 255-28*7
How if a quaker 255
Form of oath to be changed according to relig-
ious belief of 255
If witness refuse to take oath 257
Travelling expenses 258
Religious belief 259
Must know importance of oath and be compos
mentis 260
Deaf mute. .-,. = . ,= ,. = „,,.=..,,, „,.,,,..... 261
Bailiff. 262
Judge may ask questions 263
Notes of evidence 264-293
May alter deposition before signing 264
Preliminary interrogations 267
INDEX. 337
Obiectiong to ■^"'''•
Party cannot impeacii credit of hiTown o??
How examined ",^
How cross-examined......!!!". f,I,
When may be re-examined ." ."ii
How examined to prove identity of'any" ubiecV "
may be called on to produce object of litiga'-
tion if in possession thereof 070
May object to question if answer would" ■ci'imVnl
ate himself .,
Professional confidences '. :,tr
Is bound to produce documents.!!!!!."! 07^
Coercive imprisonment ^i.
May not ^yitlldraw without perm'ission!! 278
Examination of ^i^
Duty of judge to tax .'.".V.!!".".'.".'..".". .^i.
How ^aza^ton may be enforced ^o.
Foreclosure of party i/Ao Sqo
Deposition of witness oalt
Sommiasions from foreign courts..
What such deposition must contain... ooq
Alterations ~°^
Examination of- V"«^>^e;"^^!!!.\\'!.V.!!!!V.".".".".".".!'"3"{4ei sfo^
Evidence of-how ^(ven be/ore a jury "39^7
How summoned to appear before eximimr..Z::' m
Costs when summoned from beyond jurisdiction" 480
In suits between lessors and lessees.. ... sJ^
Depositions of— inc. C ,S
How, in absence of judge {it,r
How summoned in C. C. \mI %.
I'^^h'T^''^- ^"^^'^ commissi"o"n"e";s"'""coui"t!!!!!. 209
Such court may compel attendance of. ^o^n
Witnesses be/ore arbitrators 'wn? ,.i^
Commission {Rogatoire) to examine.!!!!!!.";."""" 307 39qfi
Be/ore experts. May be summoned from any"dis-
Evidence of !.!....'.......,..... oor
(V. Proof, Evidence, Commissionersfor the emm-
tnation of witnesses, Jury trial, ^c).
WOMAN. (V. Wife)
Workmen,
Wages exempted for a part gjs
Writ. (V. Summons, Appeal, Habeas corpus, Ezeeu-
tton, g'c.
.%
338
INDKX.
Art
Writinoh.
Court may auo vtotu suppress-
or declare libel-
JudguK
vate-
louH, in all caseH brought belore them...
rment by default in actions founded on
pri-