“500a. Cases instituted in virtue of paragraph 4 of article Precedence of 494 have precedence over all other cases.”

certain cases.

4. The act 45 Victoria, chapter 33 is repealed.

45 V., c. 33,

repealed. 5. This act shall come into force on the day of its sanc- Coming into tion.

force.

CAP. XXII.

An Act to amend the Code of Civil Procedure, in so far as it

concerns abandonment of property.

[Assented to 9th May, 1885.]

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

ABANDONMENT AND ASSIGNMENT OF PROPERTY.

certain

1. Article 763 of the Code of Civil Procedure is repealed C. C. P. art. and replaced by the following :

763, replaced. "763. Any debtor, arrested under a writ of capias ad re- Abandonment spondendum, and every trader who has ceased his payments, of property may make a judicial abandonment of his property for the debtors. benefit of his creditors.

In the absence of capias no abandonment can be made, Demand reif the debtor has not been so required as hereinafter pro- %

O capias has vided.

been issued. 763a. Erery trader who has ceased his payments may Traders may be required to make such abandonment by a creditor whose be required to

make abanclaim is unsecured for a sum of two hundred dollars and donment. upwards."

2. Article 764 of the said Code is amended by striking Id. art. 764 out the words “in the prothonotary's office,” and by adding amended. at the end of the article the following paragraph:

“ The abandonment is made in the office of the pro- Abandonment thonotary of the Superior Court of the district wherein where made. issued the capias, and in the absence of rapias, of the district of the place where the debtor has his principal place of business, and, in default of such place, of the place of his domicile.”

. 3. Article 765 of the said Code is repcaled and replaced Id. art. 765,

replaced. by the following :

" 765. The debtor must give notice of the abandonment, Notice of by inserting an advertisement to that effect in the Que- «

bec Official Gazette and by a registervä notice sent by mail

to the address of each of his creditors. Contents of The notice addressed to the creditors must contain a creditors.

to list of the creditors of the debtor, mentioning the amount

due to each. Notice may be In default of such notices being given by the debtor, any given by cre- creditor may give them himself. ditor. Id. arts. 768 4. Articles 768 and 769 of the said Code are repealed and 769, re placed. and replaced by the following : Appointment “ 768. Immediately after the filing of the statement, the of provisional guardian.

prothonotary appoints a provisional guardian, whom he, as far as possible, selects from among the most interested creditors who, either personally or by a person whom he delegates for that purpose, takes immediate possession of all the property liable to seizure and the books of account

of the debtor. His powers. The guardian may summarily dispose of any perishable

goods and may take conservatory measures under the direction of the judge, or, in the absence of the latter, of

the prothonotary. Appointment The abandonment being made, the court or the judge, of curator.

upon demand of a party interested and after taking the advice of the creditors of the debtor convened for that

purpose, appoints a curator to the property of the debtor. Appointment Inspectors or advisers may also be appointed at this or of inspectors.

any subsequent meeting. Convening The meeting shall be convened within a short delay and meeting.

in the manner which the court or judge deems suitable. Transmission The record of the proceedings upon the abandonment is

then transmitted to the prothonotary of the Superior Court of the district in which the debtor has his place of busi

ness. Suspension of 769. After the abandonment, any proceeding by way of after abandon- a

on- attachment, attachment for rent or attachment in execu

tion against the movables of the debtor is suspended ; and the guardian or the curator has a right to take possession of the goods seized, upon serving by a bailiff a notice of his appointment upon the seizing creditor or upon his attorney or the bailiff entrusted with the writ;

The costs upon such attachment, made after the notice; quent to

or, in the absence of such notice, incurred by a creditor after he had knowledge of the abandonment, either personally or by his attorney or by the bailiff, and in all cases, the costs of attachment made eight days after the notice given by the debtor or the curator, cannot be collocated upon the property of the debtor when the proceeds are distributed in consequence of the abandonment."

of record.

proceedings

ment.

Costs subse

replaced,

curator.

5. Article 770 of the said Code is repealed and replaced Id. art. 770. by the following:

"770. The curator is bound to make his appointment Notice of apknown by an advertisement in the Quebec Official Gazette point.nent of and by a registered notice transmitted by mail to the address of each creditor.

In such notice, the curator shall call upon the creditors Contents of to file their claims with him within a delay of thirty days. such notioe.

770a. The curator appointed may be required to give Security to be security, the amount whereof is fixed by the court or judge, given by cura. and he is subject to the summary jurisdiction of the court or judge.

Such security may be given in favor of the creditors of How to be the debtor generally without mentioning their names.” give

amended.

6. Article 772 of the said Code is amended by striking Id. art. 772, out the second paragraph and substituting the following am therefor :

“ The curator may, with the permission of the court or Powers of judge, upon the advice of the creditors or inspectors, cu

sud, ercise rights exercise all the rights of action of the debtor and all the of action of actions possessed by the mass of the creditors.

debtor, &c. The curator may sell the debts and movables and im- To sell debts, movables of the debtor in the manner indicated by the mos court or judge, upon the advice of the parties interested or the inspectors.

Upon the demand of the curator, authorized by the cre- To issue warditors or by the inspectors, or upon the demand of an hypo-ta

to the sheriff thecary creditor, of which demand sufficient notice must be to sell real given to the debtor, the court or judge may authorize the estate. curator, or command him, to issue his warrant addressed to the sheriff of the district where the immovables are situated, requiring him to seize and sell such immovables.

The sheriff is bound to execute such warrant, without Duties of its being necessary to make any service upon the debtor, sher but by otherwise observing the same formalities as in the case of a writ de lerris; and all proceedings subsequent to the issue of the warrant are had in the Superior Court.”

sheriff in such case.

added.

7. The following article is added to the said article 772 Id. Art. 7724, as amended:

“772a. The monies realized by the curator from the Distribution of property of the debtor shall be distributed among the cre- monies' realditors by means of dividend sheets prepared after the expiration of the delays to file creditors' claims, and are payable fifteen days after notice is given of the preparation Notice of suck. of such dividend sheets.

Such notice is giren by the insertion of an advertisement Notice how in the Quebec Official Gazette and by a registered notice given.

sent by mail to the address of each of the creditors of the debtor who have filed their claims or who appear upon

the list of creditors furnished by him. Contestation of The claims or dividends may be contested by any party

interested. Proceedings The contestation for such purpose must be filed with the som emtesta- curator, who is bound to transmit it immediately to the

prothonotary of the Superior Court of the district, in which the proceedings upon the abandonment are then deposited, or to such other district as the parties interested in the contestation may agree upon, and such contestation is proceeded upon and decided in a summary manner.'

statement.

Id art. 773, 8. Article 773 of the said Code is repealed and replaced replaced by the following: Contestation of "773. Any creditor may contest the statement, by reason :

1. Of the omission to mention property of the value of eighty dollars ;

2. Of any secreting by the debtor, within the year im. mediately preceding the institution of the suit, or since, of any portion of his property, with intent to defraud his creditors ;

3. Of fraudulent misrepresentations in the statement, with respect to the number of his creditors or the nature or

amount of their claims. Delay to con- In cases where the debtor has given notice of the abantest restricted donment of his property to his creditors, as above prescribed,

the delay to contest the statement is restricted, as to the creditors to whom the notice is sent, to four months from the date of sending such notice.”

in certain cases.

amended.

Id. art 776, 9. Article 776 of the said Code is amended by adding

thereto the following paragraph : Penalty for not “ If the debtor, discharged upon bail, does not produce producing his statement and declaration within the thirty days menstatement, &c.

'tioned in article 766, such debtor and his sureties are sub

ject to the same penalties and recourse as hereinabore." Id. art. 778, 10. Article 778 of the said Code is amended by striking amended. out the words “under execution.”

Id. art. 780, re- 11. Article 780 of the said Code is repealed and replaced placed by the following: Appointment “ 780. In cases where a capias could not be executed by

dian, reason of the absence of the defendant, or because he &c., in case where capias could not be found, and in all cases in which the defendant could not be has left the province or no longer resides therein and has executed or de. fendant has ceased his payments, there may, after notice to the deieft province. fendant or debtor, in the manner prescribed by the court or judge, be appointed a guardian and curator, whose powers and obligations shall be the same as if appointed after an abandonment of property.”

· 12. Article 799 of the said Code is repealed and replaced Id. art. 799, by the following :

replaced. - 799. The writ may also be obtained if the affidavit Writ may be establish, besides the debt, that the defendant is a trader, also obtained.

ç, upon certain that he has ceased his payments and has refused to make afidavit. an assignment of his property for the benefit of his cre- . ditors."

amended.

13. Article 831 of the said Code is amended by striking Id. art. 834, out the words “is notoriously insolvent, that he has refused to arrange with his creditors or to make an assignment to them or for their benefit, and that he still carries on his .business ” ; and by substituting therefor the words “ has ceased his payments and has refused to make an assignment of his property for the benefit of his creditors."

CERTAIN SALES. HAVING THE EFFECT OF SHERIFF'S SALES.

e of such

lished.

14. The said Code is amended by adding thereto after Articles added article 711 the following articles : ...

after 711 of C.

C. P. " 711a. The sale of immoveables, situate in this province, Certain sales made by liquidators in virtue of section 35 of the Federal under 45 V., C.,.

c. 23, have of · Act, 45 Victoria, chapter 23, and followed by the formalities fect of sheriff's hereinafter mentioned, has the effect of a sheriff's sale. sales if certain

formalities are "7116. A copy of the deed of sale and the certificate observed. from the registrar mentioned in article 965 of this code Deposit of deod

of sale and must be deposited with the liquidator.

registrar's cer“711c. Notice of such deposit, with mention of the names tificate with

liquidator. of those who possessed the immoveable during the last No three years, must be given, during one month in the deposit to be Quebec Official Gazette, and be read and posted at the publi place and in the manner mentioned in article 952 of this code on the second Sunday preceding the delays for bidding hereinafter mentioned.

"711d. During the fifteen days following the last inser- Power of hypo-tion of the notice in the Official Gazette, any creditor of thecary cream

ditors to offer the company in liquidation and any person having hypo- an increase thecary or real rights upon the immovable sold, have the over purchase

price. right to offer an increase over the purchase price mentioned in the deed of sale, provided such increase be at Provişo. least one-tenth of the whole price and that the bidders offer beside to refund to the purchaser his costs and lawful disbursements, and give him for that purpose security in the ordinary manner or deposit a sum sufficient for that purpose in the discretion of the court or judge, reserving the subsequent completion of the precise amount.