in certain the coming into force of this act, the signification of sale by article 1571, required by article 1571 of the civil code may be effect- how effected ed by causing the act of sale to be published in the other cases. manner prescribed by section three of this act, and the delivery of a copy required by the said article may be effected by depositing a copy of the deed of sale in the office of the prothonotary of the district in which the succession opened, or in which the lands are situated in respect of which the debts are due, or of the district in which is or was the chief place of business of the original creditor. And such publication and deposit, once made, shall be a sufficient signification and delivery with respect to each debtor individually. 6. Article 128 of the code of civil procedure, is hereby Art. 123 amended, by adding thereto the following paragraph: "The delays for filing preliminary exceptions and pleas to the merits do not begin to run until after the date of the service, upon the defendant's attorney of a notice, informing him that such security has been given." amended. amended. 7. Section one of the act of this province, thirty-fourth Vic- 34 Vic., cap. 4, toria, chapter four, is hereby amended by striking out therefrom the word "Montreal." Montreal. 8. Notwithstanding anything contained in article 238 of Enquête days the code of civil procedure as amended by section one of the in city of act thirty-fourth Victoria, chapter four, and by the next preceding section of this act, the following days shall be days on which parties may be compelled to proceed to proof in all actions or proceedings instituted or had, at the city of Montreal, in the superior or the circuit court, unless any such days are days fixed for the holding of the court of Queen's Bench, appeal side, namely: The first sixteen days of the months of February, March, The first nine days of the month of July; and 9. Article 252, of the code of civil procedure, is hereby Article 252 amended, by adding thereto the following paragraph: "Nevertheless, if consorts are separated as to property, and one of them, as agent, has administered property belonging to the other, the consort who has so administered may be examined as a witness in relation to any fact connected with such administration; provided the court or judge shall, in view of the circumstances of the case, deem it just and advisable to order such examination. Whenever such examination shall be allowed, it shall be as unrestricted as would have been that of the other consort, whether as regards the admissibility of verbal evidence or otherwise." amended. Employment of and in cases inscribed for proof and same time. 10. In all suits to be tried by a jury, or which are inscribat jury trials ed for proof and hearing at the same time, either in the superior court or in the circuit court, either of the parties may, by a demand in writing, accompanied by a deposit of a suffihearing at the cient sum of money to pay a stenographer, require that the evidence in the case shall be taken by means of stenography. In every such case, the stenographer shall be named by the prothonotary, unless the parties mutually agree upon one, and the said stenographer shall be sworn before the court or judge, or the prothonotary, or the clerk of the court, and he shall, at the conclusion of each testimony, read over the same to the witness, and such testimony shall, when afterwards transcribed in ordinary writing, form the record of the evidence in the cause; and, in the case of trials by jury, the requirements of articles 397 and 398 of the code of civil procedure, may be fulfilled through the intervention of the stenographer. In cases inscribed for proof and hearing at the same time, such evidence taken by means of stenography shall be a sufficient fulfilment of the last part of article 263 and of article 261 of said code; and the sufficiency of the deposit required to pay a stenographer shall be determined by the court or judge, or by the prothonotary. Employment of stenographers in other cases. Taxation of 11. In any case in the superior or in the circuit court, the parties may, by consent, employ the services of a stenographer, and cause him to be sworn, and the evidence to be taken in the manner mentioned in the next preceding section. 12. The expense of employing a stenographer, shall form their expenses. part of the taxed costs of the case. Art. 423 C.C.P. amended. Art. 511 amended. Art. 560 amended. 13. Article 423 is hereby amended so as to read as follows: "Motions for new trial or for judgment non obstante veredicto must be made before the superior court, sitting in review, on or before the second day of the next term of such sittings, following the tenth day after the rendering of the verdict, and cannot be received after. 14. Article 511 of the said code is hereby amended, by adding thereto the following paragraph: "The opposition must, moreover, on pain of nullity, be accompanied with an affidavit of the opposant, or of some other credible person, that the allegations contained in such opposition are, to the best of his knowledge, true." 15. Article 560 of the said code is amended by substituting the following for the last sentence of the last paragraph thereof: "The debtor must also, if he is present, be called upon to sign the inventory, and his refusal or inability to do so, or his absence must be stated." And the said article is further amended, by striking out, from paragraph three of the same, all the words after the word "nature," and by adding, at the end of the said article, the following paragraph: "In the case of the seizure of a registered vessel of fifteen tons burthen, or over, the recital required by section thirteen, of chapter forty-one, of the consolidated statutes of Canada, must be returned and filed together with the inventory." amended. 16. Article 570 of the said code is amended, by inserting Art. 570 therein, immediately after the word "province," the words 66 or has ceased to reside within the district in which the judgment was rendered." 17. Article 571 of the said code is hereby amended, by Art. 571 adding thereto the following paragraph: "If the debtor has no domicile in the province, or has ceased to reside within the district in which the judgment was rendered, the notice may be left for him at the office of the prothonotary of the court." amended. "amended. 18. Article 834 of the said code is hereby amended, by in- Art. 834 serting therein, immediately after the word " secreting, the words "or is about to secrete," and by substituting in place of the words "creditors and the plaintiff," the words "creditors or the plaintiff." 19. Article 952 of the code of civil procedure is amended Art. 952 C.C.P. by adding, after the word "third," in the second line, the amended. words" or fourth." Applicant for amount of his 20. Notwithstanding anything to the contrary contained Art 963 C.C P. in article 963 of the code of civil procedure, whenever the applicant for a judgment of confirmation of title has an confirmation of hypothecary claim against the property, which appears by title may retain the certificate of the registrar, he may retain the purchase hypothecary money, to the extent of his claim, until judgment has claim. been rendered, provided he furnishes the prothonotary with good and sufficient sureties for all damages that might result to any party interested, in the event of the non-payment of such sum as the court may order such applicant to pay into the hands of the prothonotary; and upon such security being given the amount so retained shall be deemed to be deposited, and the case shall be dealt with accordingly. 21. Article 998, of the code of civil procedure is amend- Art. 998 ed, so as to read as follows: amended. Art. 1023 amended. Lieutenant governor may in certain county circuit courts. 998. The summons for that purpose must be preceded by the presenting to the superior court, or to a judge, of a special information containing conclusions adapted to the nature of the contravention, and supported by an affidavit to the satisfaction of the court or judge, and the writ of summons cannot issue upon such information without the authorization of the court or judge. This writ, as well as the writs of quo warranto, mandamus and prohibition, thall be in the same form as ordinary writs. of summons. 22. Article 1023 is amended so as to read as follows: 1023. The application is made by a petition supported with an affidavit, affirming that the facts set forth in the said petition are true, and presented to the court or judge, who may thereupon order a writ of mandamus to issue; and such writ is served in the same manner as any other writ - of summons. 23. The lieutenant-governor may, at any time, by proclamation, abolish the holding in any county, or at any eases abolish place in a county, of a circuit court theretofore authorized by proclamation in accordance with article 1062 of the code of civil procedure; and thereupon, the books, papers and records of the court so abolished, shall be transmitted to such other circuit court as the lieutenant-governor shall name in the said proclamation. Art 1081 amended. Certain circuit court suits still rior court. 24. Article 1081 of the said code is hereby amended, by striking out the following words therein: "who is bound to elect a domicile for the judgment creditor in the locality within which the seizure is made, and." 25. All appealable suits begun in the circuit court, at the pending to city of Quebec or the city of Montreal, before the coming belong to supe- into force of the act of this province, thirty-fourth Victoria, chapter four, in which judgment has not been rendered, shall cease to be within the jurisdiction of the circuit court, and thereafter all proceedings and judgments therein shall be had and rendered in the superior court; and the books, muniments and records of the circuit court, relating to all such suits, shall, immediately upon the coming into force of this act, appertain to the said superior court, and be transmitted thereto. No second d'e 26. Whenever in any suit, a writ of execution has issued, mand of pay and by reason thereof a demand of payment has been made ment required on executions. upon the defendant, no other demand of payment need be made in such suit previous to the further execution of any other such writ, whether in the same or in any other district. court in Mon 27. There shall no longer be terms for the holding of the When circuit circuit court at the city of Montreal, but every juridical treal will be day shall be a day on which the circuit court may be held held. at the said city, whenever business shall require it. Nevertheless, the judge holding the said court may adjourn the sittings thereof to some future day, and in the interval of such adjournment, the said court shall not be held. c. 78, 28. Notwithstanding anything contained in chapter C. S. L. C., seventy-eight of the consolidated statutes for Lower Canada, 32 Vie, c. 20, or the acts of this province, thirty-second Victoria, chapter 33 Vie., c. 10, twenty, and thirty-third Victoria, chapter ten, the superior Superior court court therein mentioned shall consist of twenty judges, twenty judges. namely: one chief justice, and nineteen puisné judges. to consist of powers of addi 29. The additional judge to be appointed to complete Residence and the said number of twenty, shall reside in the city of Mon- tional judge. treal, and shall have the same power and jurisdiction, and be subject to the same provisions of law, as any other judge of the said court acting under like circumstances. 30. The third section of the act thirty-third Victoria, 33 Vic., cap. chapter ten, is hereby amended, by striking out the word 10, sec. 3, "five" therein, and substituting therefor the word "six.” amended. Jurisdiction of treal since 34 31. And it is further declared and enacted, as follows: Notwithstanding the ninth section of the act of this pro- tricts of Quevince, thirty-fourth Victoria, chapter four, the circuit court bee and Monwithin the districts of Quebec and Montreal, other than vic., cap. 4, those sitting in the cities of Quebec and Montreal, have had, sec. 9 declared. since the enactment of the said ninth section, and shall continue to have the same jurisdiction in appealable suits, as they had before the said ninth section was enacted. to have 32. And it is further declared and enacted, as follows: Any judge of Ever since the coming into force of the code of civils. C. declared procedure, any judge of the superior court has had and powers, &c., hereafter shall continue to have the jurisdiction and power mentioned in article 1261 of the said code, at any place where the circuit court is held, and either in or out of term. mentioned in art. 1261. 33. This act shall come into force on and after such day Commenceas shall be fixed for that purpose, by proclamation of the ment of this lieutenant-governor. act. 34. Section ten, of the Quebec Interpretation Act, shall Sec. 10, of Innot apply to this act. terp. act, not to apply. SCHEDULE. To (name and designation of the debtor.) |