Delay for answering plea.

For subse

quent plead

ings.

Enquêtes.

Closing Ex quêtes.

juridical day following the return day of the writ, and in default thereof, the Plaintiff may, upon filing certificate of such default to plead, proceed ex parte.

XIII. The Plaintiff shall be held to answer the plea of the Defendant on or before noon of the juridical day next after the filing thereof, and in default thereof the Defendant may obtain from the Prothonotary or Clerk of the Court, acte of foreclosure of the Plaintiff from the right of filing such answer, upon application therefor founded upon mere lapse of time and such default to answer, without any demand of plea or service thereof; and every subsequent pleading rendered necessary shall be made and filed before noon of the next juridical day after the filing of the Plaintiff's answer, and in default thereof foreclosure shall be granted to the Plaintiff, and he shall be permitted to proceed to trial and judgment without further completion of the issues in such cause.

XIV. In causes under this Act, when the issues are complete or either party has obtained foreclosure or right to proceed ex parte, the plaintiff or defendant may inscribe the cause upon the roll des enquêtes for any juridical day subsequent to the day of the filing of such inscription, and proof shall be adduced on such day, and continued from day to day till closed by both parties; and whenever on any enquete day the party whose enquête is proceeding shall cease to adduce further evidence, his enquête, on the application of the opposite party, shall be declared closed: and upon the enquête of both parties being closed, either plaintiff or defendant may inscribe the cause for Final hearing. final hearing on the next juridical day after the closing of such enquête, without notice to the opposite party, but if such cause is inscribed upon any day subsequent to such last mentioned day, notice thereof shall be served upon the opposite party.

Appeals, and to what Courts to lie.

How persons holding by permission only without

lease shall

hereafter be

considered.

XV. Appeal shall be allowed from any judgment rendered in a suit under this Act instituted in the Circuit Court, to the Superior Court, and in suits instituted in the Superior Court, to the Court of Queen's Bench, under the same rules and subject to the same conditions as other appeals are instituted from judgments of the said Courts, as well if such Judgments are

rendered in vacation as in term.

XVI. Persons holding real property by permission of the proprietor, without lease, shall be held to be lessees and bound to pay to the proprietor the annual value of such property, and their term of holding shall expire on the first day of May of each year, and such holding shall be treated for the purposes of this Act, as an annual hiring or lease, subject to tacite reconduction, and all rules of law applicable to leases, and the person so in occupation shall be liable to ejectment for holding over, for allowing more than three months' rent to remain unpaid, or for any of the causes mentioned in this Act.

XVII. Enquêtes in suits or actions instituted under this Act Enquêtes to be in the Circuit or Superior Court, shall be taken in writing un- in writing, exless the parties shall otherwise consent; and if in any case cept by consent, in which by consent of parties the enquête is not taken in writing, case Judge it shall be the duty of the Court or Judge before whom such shall take case proceeds, to take minutes of the evidence, which minutes shall be deposited of record, and in the event of such case being appealed, such minutes of evidence shall for the purposes of such appeal, be treated as the evidence adduced in such case.

notes:

ander suisie

XVIII. Whenever a writ of saisie gagerie shall issue either Defendant not under this Act or under the common law, to seize the effects to be guardian of a tenant, the same shall not be left in the guardianship of gagerie, exthe defendant without the consent of the plaintiff, or unless he cept by conshall offer securities to be approved by the Sheriff or bailiff as sent or on giv the case may be, for the production of the said effects, who ing security. shall be liable to the same penalties and obligations therefor as guardians now are under ordinary writs of execution.

XIX. The proprietor or lessor may proceed to recover pos- Holding over session of the property leased, if the lessee shall hold over at for three days any time after the expiration of three days after the lease has to give right expired, or after the term of holding has expired.

of action.

XX. It shall be lawful for the Court or Judge in cases under Costs in cases this Act, to award and tax costs according to the tariff of the under this Act. Superior Court, in actions instituted in the Circuit Court wherein the amount of all the matters in contestation exceed fifty pounds, and in all cases the costs shall be taxed according to the amount in contestation: Provided that in no case shall Proviso: the costs be less than what is allowed in an appealable case of

the lowest class in the Circuit Court.

XXI. Nothing in this Act shall affect any cause or proceed- Pending saits ing instituted or commenced before this Act shall have become not affected law, but all proceedings of such nature shall be continued and finally determined and enforced in the same manner as if this

law had not been passed.

XXII. This Act shall apply to Lower Canada only.

CAP. CIX.

An Act to amend the Judicature Laws with respect to the qualification and appointment of Bailiffs in Lower Canada.

W

[Assented to 30th May, 1855.]

Extent of Act.

HEREAS great inconvenience arises in the administra- Preamble, tion of justice in Lower Canada, from the want of capacity on the part of a certain number of bailiffs who act as such before the civil tribunals, and it is expedient to subject

Bailiffs must

or French

grammatically.

future bailiffs to a more strict examination than that to which bailiffs are at present subject: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows:

I. No person shall hereafter be admitted as a bailiff of the write English Superior Court of Lower Canada and registered as such, unless he be able, at the time of his admission, to write with sufficient grammatical correctness the French or English language; Examination. Every petition addressed to the said Court for the purpose of getting the Petitioner included in the number of bailiffs of such Court, shall be by the Justices thereof, or one of them, referred to the Clerk, who shall examine the candidate and report to the said Court touching his qualifications, both as regards those now required and that required by this Act: and the prayer of such petition shall not be granted, unless it shall appear by the Report of the Clerk that the petitioner can write with sufficient grammatical correctness as aforesaid.

Report.

Fee on examination.

Candidate may be rejected tho' qualified as above.

Inconsistent provisions repealed.

Act not to apply to Gaspé.

Commencement.

Preamble.

II. The Clerk shall receive from each Petitioner the sum of one pound for each examination, which sum shall include the cost of his Report to the Court.

III. Nothing herein contained shall exempt a candidate from the qualification at present required, nor deprive the Court of its discretionary power to reject such Petition, even though the Petitioner should possess the qualification above mentioned.

IV. The provisions of the several Judicature Acts now in force, which may be inconsistent with the provisions of this Act, are hereby repealed.

V. This Act shall apply to Lower Canada only, with the exception however of the District of Gaspé, which shall not be subject to its operation; and it shall come into force on the first day of September, one thousand eight hundred and fifty-five.

САР. СХ.

An Act to regulate the Proceedings on Forced Licitations, and to give them the effect of Sheriff's Sales (Décrêts.)

W

[Assented to 30th May, 1855.] HEREAS it is necessary to provide a more simple and less expensive mode of proceeding to the forced licitation of immoveables held par indivis in Lower Canada: Be it therefore enacted by the Queen's Most Excellent Majesty, by

and

and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows:

licitation shall

I. In any case in which a licitation shall be ordered, the How the sale party prosecuting the same, and who shall have obtained such under a forced order, shall cause to be inserted three times during the space of be advertised. four months in the Canada Gazette published by authority, a public notice setting forth that the immoveables subject to licitation will be put up to auction and adjudged to the highest bidder, at a sitting of the Superior Court held after the expiration of four months from the date of the first insertion of the said notice in the Canada Gazette; which said notice may be in the Form of Noform of the Schedule A to this Act annexed.

tice.

Church door.

II. The above-mentioned notice shall in like manner be pub- Publication at lished on the three Sundays immediately preceding the day fixed for the sale and adjudication, at the door of the Church of the Parish in which the said immoveables shall lie, and if there If no Church. be no Church, or if the said immoveables be situate without the limits of any Parish, then in the most public place of the locality; and the said notice shall be posted up at the door of the Posting up said Church or at the said most public place, on the first Sunday Notice. on which it shall have been so published.

dé crêt as to all

vested rights.

III. The adjudication which shall be made after the above To have the prescribed formalities have been complied with, shall have all effect of a the effect of a décrét, and shall purge the property from all charges, privileges, hypothecs and vested rights (droits ouverts) in the same manner as adjudication upon execution against immoveables, excepting the charges entered in the register of charges, as regards the said licitation.

sale must be

IV. Every opposition afin d'annuler, afin de charge, or afin When opposide distraire in respect of immoveables under licitation, shall be tions to the filed in the office of the Court by which the licitation has been filed. ordered, at least fifteen days before the day fixed for the public sale thereof; and on failure to file such opposition, the legal May be conrecourse of the party who shall have neglected to file his oppo- claims on the sition, shall be converted into an opposition afin de conserver on proceeds. the moneys arising from the adjudication.

verted into

tions to it are

V. In all cases in which any opposition afin d'annuler, afin Sale suspended de charge, or afin de distraire so filed, cannot be tried before until opposithe day fixed for the sale, the licitation shall be suspended until decided. judgment shall have been rendered thereon, and the Court may appoint another day for the sale and adjudication, notice being

day of sale.

Notice of new given by the parties interested, in the said Canada Gazette, of the day so appointed, which said notice shall be published once at least ten days before that appointed by the Court as aforesaid.

To what

charges the judication tall be sub.

ject.

Penalty on

purchaser fail

ang to pay.

When claims

on the proceeds may be led.

VI. The adjudication shall be made in accordance with the conditions contained in the list of charges approved by the Court after hearing the parties thereupon, and the purchase money shall be disposed of in the manner provided for the disposing of moneys arising from execution against the immoveables of any debtor by virtue of a judgment.

VII. The purchaser of any immoveables sold as aforesaid shall, in default of payment of the price of sale, be subject to the same penalties and obligations as any other purchaser of property sold under execution.

VIII. All oppositions afin de conserver must be filed before the expiration of the six days next after the adjudication.

Lower Canada,

District of

SCHEDULE A.

LICITATION.

Public notice is hereby given that under and by virtue of a judgment of the Superior Court sitting at

day of

,

in the District of on the one thousand eight hundred and in a cause in which A. B. (description at length) is Plaintiff and C. D. (description at length) is Defendant, ordering the licitation of certain immoveables described as follows, to wit: (here insert the description of the property to be sold) the property above described will be put up to auction and adjudged 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, clauses and conditions contained in the list of charges deposited in the Office of the Clerk of the said Court; and any opposition afin d'annuler, afin de charge or afin de distraire, to the said licitation, must be filed in the Office of the Clerk of the said Court fifteen days at least before the day fixed as aforesaid for the sale and adjudication, and oppositions afin de conserver must be filed within the six days next after the adjudication, and failing the parties to file such oppositions within the delays hereby limited, they will be foreclosed from so doing.

(Date.)

CAP.