CAP. XX.

An Act to amend the Civil Code and the Code of Civil

Procedure.

[Assented to 9th May, 1885.]

ER MAJESTY, by and with the advice and consent I of the Legislature of Quebec, enacts as follows :

AMENDMENTS TO THE CIVIL CODE.

amended.

C. C. art. 1543, 1. Article 1543 of the Civil Code is amended by adding

ed. thereto the following paragraph: Limitation of “In the case of insolvency such right can only be of insolvency.

9. exercised during the fifteen days next after the delivery."

right in case

o

C. C. art. 1896, 2. Article 1896 of the said Code is amended by adding amended. thereto the following paragraphs : Appointment “ If a partnership be dissolved or a judicial demand be uidators, made for such dissolution, the court or the judge, upon the

demand of one of the partners, after notice given to the

others, has power to appoint one or more liquidators. Oath to be . The liquidators so appointed shall be sworn to well

them. and faithfully perform the duties of their office ; . Notice of their They immediately give notice of their appointment by appointment. an advertisement to that effect published in the Quebec

Official Gazette and in two newspapers, one in the French and the other in the English language, published at the place of business of the partnership or at the nearest place, and in such other manner as the court or judge may pre

scribe. Become seized They become pleno jure seized of the assets of the partof assets.

sits to be nership for the purpose of the liquidation ; they furnish furnished by the security prescribed by the court or judge, and are in

all respects subject to the summary jurisdiction of such summary ju- court or judge.

They possess all the powers and are subjected to all the courts, &c. Their powers. obligations of judicial sequestrators, with the exception of

the putting into possession, which is done without the

intermediary of a bailiff. Acts exceed- Acts, exceeding those of administration, cannot be per. ing adminis

formed by the liquidators without the consent of all the tration.

partners, and, in default of such consent, only with the approval of the court or judge, after previous notice to

the members of the partnership. Remuneration The remuneration of the liquidators is fixed by the of liquidators. court or judge.

Secu

them.

Proceedings respecting the appointment of liquidators Proceedings and the performance of the duties of their office are sum-repps

m respecting ap: mary.

summary, Provisional execution takes place notwithstanding the Provisional appeal, saving the right of the court to which the cause is execution not

to withstanding taken in appeal to summarily suspend such execution. appeal. Two judges of the court seized of the appeal may also Power.of two

. judges to stay give such order for suspension after notice to the adverse party.”

ecution

3. Article 2272 of the said Code is amended by sub-C. C. art. 2272, stituting the figures “ 47 ” for the figures “ 57” in the second amen line of paragraph 5.

· AMENDMENTS TO THE CODE OF CIVIL PROCEDURE.

nended.

4. Article 1 of the Code of Civil Procedure, as amended C. C. P. art. 1, by the acts 37 Victoria, chapter 8, section 6, and 47 Victoria, Chapter 8, section 3, is further amended by adding there. do the following paragraph :

“ Notwithstanding the preceding provisions, the pro-Certain proceedings under articles 645, 663, 678, 679, 630, 712, 720,

ceedings may 730 and 763 to 780 of this Code, inclusively, may be had juridical day. upon any juridical day.”

e had on any

5. Article 92 of the said Code is amended by striking Id. art. 92, out the last paragraph thereof.

amended.

cases

6. The following articles are added to the said Code after Articles added article 343:

after art. 343

of C. C. P. “ 343a. Except in actions to annul a marriage, for separa- Except in certion of property or from bed and board, to obtain the disso- tain

courts may relution of a corporation or the annulling of letters patent, or fer issues to in which the parties are minors or legally incapable, and practising

'advocates. in all cases of public interest, the Superior Court or the Circuit Court may, on the written demand of the parties and of their attorneys ad litem, refer all or any of the issues, either of fact or of law, to the decision of one or more practising advocates appointed according to the manner determined by the consent.

3436. The referees appointed who do not accept the Replacing rooffice shall be replaced by others, and the majority shall feroes wh

*** refuse to act. be a quorum.

· 343c. Before proceeding they shall be sworn to well and Oath to be faithfully perform their duties, either before the judge, the taken by reprothonotary, a commissioner of the Superior Court, or before whom. the clerk of the Circuit Court, as the case may be.

343d. The trial before such referees is conducted as How case is in cases without a jury before the court; and the refereest;

filed.

in

and

filed.

pertino difere:

In de the appointment.ich the case was

tice.

Powers of ro- shall, for such purpose, have all the powers of such court ferees.

or judge. Clerk may be The referees shall have power to appoint a clerk to assist appointed. them. Proceedings

343e. All the proceedings in the case are filed in the where to be office of the prothonotary or clerk, as the case may be, of

the court of the district in which they are had. Transmission In case they are had in a district other than that in of record in wh

which the case was brought, the record shall, upon the certain cases.

order of the referees, be transmitted in the manner pres

cribed by articles 241 and 24: of this code. Report to be, 343f. T'he report of the referees shall be in writing and when to be

and be filed, within sixty days after the final hearing of the

parties, in the office of the prothonotary or clerk of the court of the place in which the case was pending at the

time of the appointment of the referees. Notice if re. In default of which, either party may cause a notice to port not filed. be served upon the attorney of the adverse party that he

intends to end the reference. Effect of no- Upon the filing of such notice in the office of the pro

thonotary or clerk, as the case may be, the case is continued

as if it had not been referred. Certain pro- However, the proceedings had and proof adduced before coadingo, de, the referees form part of the record as if they had been to remain of record. had and taken before the court. Appointment The court may also, upon demand of either of the par

ties, cancel the appointment of the said referees if they do may be oancelled. not proceed with diligence to the hearing of the case. Duties of re- 343g. On the statement of facts and propositions of law statements

i

Wa
which may be submitted by the parties to the referees, it.

w ay we submitted to shall be the duty of the latter to decide what are pertinent note findings. to the issue and to note in the report their findings on

each. Report not in- The omission to note the same shall not howerer valid if not so invalidate the report. Draft of judg. 343h. The referees shall further in their report set out ment to be the text of the judgment to be drawn up. in report.. Power of court, 343i. On the application to homologate the report, the &c.: on applicourt or judge may examine into the grounds of any cation to homologate nullity which may affect the report, but cannot inquire report. into the merits of the contestation. Report to be If no ground of nullity be found in the report, the court

logated or judge orders that judgment be entered up by the pro-. in certain cases. thonotary or clerk, as the case may be, in accordance with

the report. No review if 343j. If the reference is had before three or more

bree referees and their report is unanimous the judgment based referees and

thereon shall not be subject to review by three judges, and the appeal is brought directly to the Court of Queen's Bench.

ferees upon

noted.

application to into the grounot inquir

343k. In appeal, the court shall inquire into the merits Duties of court of the contestation as well as the grounds of nullity of the in appeal. referees' report."

7. The following article is added to the said Code after Art. 467a, addarticle 467.

“ 467a. In cases of capias, attachment before judgment, Writs of caattachment for rent, conservatory attachment, and in all pie

oli pius, &c., may

all be issued cases of urgency, the writ may be issued outside office without hours without having judicial stamps thereon, provided stamps. that the amount of such stamps be deposited with the officer issuing the writ, who is bound to affix the stamps upon the fiut as soon as possible.”

8. Article 221 of the said Code is repealed and replaced Id. Art. 221,. by the following:

* replaced. “ 221. The parties may be examined upon articulated Examination facts, pertinent to the issue, and as witnesses, as soon as the articulated

of parties uponpleas are filed, upon the facts in issue as then joined.” facts and as

witnesses.

ended..

9. Article 573 of the said Code is amended by striking Id. art. 573, out the word " and " in the first line and by adding, after ame the word “Montreal” in the same line, the words "and of Three Rivers and in the town of Sorel."

10. Article 601 of the said Code is amended by adding Id. art. 601, after the word “sheriff" the words “or bailiff, four days amended. after the sale."

• 11. Articles 645, 663, 678, 679, 680,688, 692, 712, 720, 730, Certain arti735, 736, 737 and 735 of the said Code are amended by add

cles of C. C. P. ing after the word "court” in each of these articles the words “or the judge."

amended,

12. Article 812 of the said Code is amended by adding Id. art. 812, thereto the following:

amended. “ The commissioner cannot issue a similar warrant at Commissioner the chef-lieu of a district unless it be established before not to issue him by affidavit that it was impossible for the plaintiff or cept in certain his agent to obtain such writ of capias from the prothono- cases. tary or his deputy.”

warrant, ex

amended.

13. Article 813 of the said Code is amended by substi- Id. art. 818, tuting the word “sheriff,” for the word “gaoler," in tre am third line thereof.

14. Article 1335 of the said Code is repealed and re-Id. art. 1336) placed by the following :

tain condi

Power of cu- '“ 1335. He may sell the immoveables and shares or stock rator to sell in manufacturing or financial associations, by following immovables, &c., upon cer- the formalities established by law for voluntary licitations,

upon the advice of the parties interested present at a tions. .

meeting convened for that purpose in the manner pre

cribed by the judge. · Proviso as to Such sale as respects immoveables cannot be had except

F. with the consent of the hypothecary creditors."

immovables.

CAP. XXI.

An Act to amend article 494 of the Code of Civil Proce

dure of Lower Canada.

[Assented to 9th May, 1885.]

LTER MAJESTY, by and with the advice and consent

1 of the Legislature of Quebec, enacts as follows:

1.

C. C. P. art. 1. The following paragraph is added to article 494 of 494, amende d.

" the Code of Civil Procedure of Lower Canada, as replaced

by the act 34 Victoria, chapter 4. Reviews from " 4. From all judgments in matters concerning muni. judgments concerning cipal corporations and municipal offices, on proceedings municipal cor- taken in virtue of chapter ten of title second of book second porations.

of the second part of this code."

ind

on in

review.

C. C. P. art. 2. Article 497 of the said Code is repealed and replaced 497, replaced. by the following: Deposit with " 197. This review cannot be obtained, until the party

in demanding it has deposited, in the office of the prothono

tary of the Court which rendered the judgment, and within eight days from the date of such judgment, a sum of twenty dollars, if the amount of the suit does not exceed four hundred dollars, or of forty dollars if the amount of the suit exceed four hundred dollars, if the review is taken in virtue of paragraph 4 of article 494, or if it be a real action; together with an additional sum of three dollars for making up and transmitting the record, when the judgment has been rendered elsewhere than in the cities of Quebec and Montreal.

The amount thus deposited is intended to pay the costs of the review incurred by the opposite party, if the court should grant them, if not, it is returned to the party by whom it was deposited.”

Id. Ar: 597; 3. The following article is added after article 500 of the