may, by order in council,

make tariff's of fees, &c. Amending such orders, &c.

Publication of such orders.

trars,, for the several services and duties performed by them, and such fees shall then be substituted for those fixed by article 5693 of these Revised Statutes or by any other enactment.

2. Every such order in council may, from time to time, be amended, repealed, or replaced, and may apply to one or more or to all the registration divisions of the Province.

3. Every such order shall be published in the Quebec Official Gazette and shall take effect from a day to be therein appointed, not being less than one month from the day on which it is published. C. S. L. C., c. 37, s. 106.

§ 15.-Inspector of Registry Offices.

1. HIS APPOINTMENT.

Appointment

of registry offices.

5697. The Lieutenant-Governor in Council may appoint an of inspector inspector to visit the registry offices and vaults or safes which municipalities are obliged to procure and maintain under articles 515, 516, and 517 of the Municipal Code. C. S. L. C., c. 37, s. 93 §§ 1 and 2; 43-44 V., c. 17, s. 1.

Duration of office and

duty before entering office.

5698. Such officer is a public officer known as the "inspector of registry offices"; he retains office during good behavior, and shall, before entering upon his duties, take the ordinary oaths of allegiance and of office, in accordance with the forms hereunto annexed, before one of the judges of the Superior Court or a commissioner per dedimus potestatem. 43-44 V., c. 17, ss. 1 and 2.

II. HIS POWERS AND DUTIES.

Powers of inspector.

Duties when there is no index.

Duties when

there is an index.

5699. The inspector of registry offices has power to order the alterations permitted by law and which are necessary to secure uniformity in the keeping of the books and registers of registry offices, and to render them more efficient. 43-44 V., c. 17, s. 3.

5700. In offices where there is no index to immoveables, the inspector shall supply each registrar with a form, which the latter shall follow in preparing such index, in accordance with schedule C, hereunto annexed, so that such registrar shall be in a position, when applied to for searches, to ascertain, by simply glancing at the index, the charges existing upon any immoveable entered in the cadastre. 43-44 V., c. 17, s. 4.

5701. In offices where there is an index to immoveables, the inspector shall furnish the same form to the registrar, and the latter shall follow the same and conform thereto, so soon as the volumes of his index are filled up and require to be renewed. 43-44 V., c 17, s. 5.

5702. The inspector shall visit the registry offices, when- Visiting regever the same shall be necessary, in order to be assured istry offices. that the books and registers of such offices are kept correctly and according to law; that the registration stamps are duly affixed to the deeds, copies, certificates and books of searches; that the registrar's security is valid, and that every registrar has a deputy, duly appointed and sworn; and whenever such inspector finds a registrar in default in any of the above parti- Report to culars, he shall inform the Government thereof. 43-44 V., c. Government. 17, s. 6.

tenant-Go

5703. The inspector shall make a general report of his General revisits to the Lieutenant-Governor in Council, and, in such port to Lieureport, he shall specify the alterations, which he may deem vernor in necessary, in order to give the index to immoveables the Council. required accuracy and to secure uniformity in the keeping of the books and registers of registry offices. 43-44 V., c. 17, s. 7.

recopied.

5704. The inspector may also, if need be, order the regis- May cause intrar to copy any index of names, which may be in a state of dex to be dilapidation, from age or from wear and tear, to such an extent as no longer to offer to the public any certainty of the correctness of the searches made therein.

Such copy shall be made as carefully as possible and by Copy, how referring to the registers for such portions of the index then made. being recopied which are illegible. 43-44 V., c. 17, s. 8.

§ 16.- Levying of a percentage for Inspection Expenses.

5705, In order to meet the expenses of inspecting registry Percentage offices, and of making plans and books of reference in the to meet exdifferent registration divisions, the Lieutenant-Governor in penses of inspecting reCouncil may, from time to time, order a percentage to be levied gistry offices. upon the fees received by the registrars on the renewal of registrations made in virtue of article 2172 of the Civil Code. 32 V., c. 25, s. 10.

5706. Such percentage shall not exceed fifteen per cent. on Amount of the fees so received by registrars on such renewals of registration. 32 V., c. 25, s. 10.

such percentage.

to pay over

5707. All registrars, who are subject to the above provi- Registrars sions, shall include, in each of their returns, a statement of the with return amount of fees received by them on the renewal of registrations, the percenand shall transmit therewith, to the Provincial Treasurer, the tage percentage prescribed by any order in council passed for that purpose. 43-44 V., c. 19, s. 3.

SCHEDULE A.

OATH OF ALLEGIANCE.

I, A. B., do sincerely promise and swear that I will be faithful and bear true allegiance to Her the Majesty, Queen; So help me God.

43-44 V., c. 17, Schedule A.

SCHEDULE B.

OATH OF OFFICE.

I, A. B., appointed inspector of registry offices in the Province of Quebec, solemnly swear that I will faithfully perform and execute the duties of such office according to law: Sohelp me God.

Time for d's

charging cor

PROVISIONS IN CONNECTION WITH TITLE THIRD OF BOOK FOURTH.

OF AFFREIGHTMENT.

(Article 2457.)

TIME ALLOWED FOR DISCHARGING CARGOES.

5708. A cargo of a vessel consisting of coal shall be dis

tain cargoes. charged at the rate of forty chaldrons per diem;

A cargo of metal, the freight of which is estimated by the ton, at the rate of at least sixty tons daily;

A cargo of salt or grain, at the rate two thousand minots

daily;

A cargo of salt in sacks, at the rate of at least one thousand sacks daily;

A cargo of sawed lumber, at the rate of at least fifty thousand feet daily;

And a cargo of bricks, at the rate of at least twenty thousand daily. C. S. L. C., c. 60, s. 2.

SECTION XVII.

PROVISIONS IN CONNECTION WITH THE CIVIL CODE GENERALLY.

VALIDATION OF CERTAIN DEEDS.

5709. Nothing in these Revised Statutes or in any act Certain acts, of this Province shall affect any provisions in any acts passed registers and for the purpose of confirming and making valid, legalizing or affected. interpreting any act, statute or law, deed or instrument what

ever.

C. S. L. C. c. 20, s. 18.

CHAPTER SECOND.

MATTERS RELATING TO THE CODE OF CIVIL PROCEDURE.

SECTION I.

PROVISIONS IN CONNECTION WITH THE FIRST PART.

GENERAL PROVISIONS.

(Articles 1 and following.)

SPECIAL PROVISIONS.

§1.-Alteration of the time or place of holding any Court.

should be

5710. Whenever, under any act or proclamation, the time When and or place for holding any term of any court is altered, and any where any thing or deed person has been ordered to appear or to do any other thing in previous to such court which must be done in term, on a day which by alteration reason of such alteration is no longer a day in term, or at done. a place where the court is no longer held, then such thing shall be done by such person on the first juridical day in the term, ordinary or extraordinary, next after that on which, but for such alteration, it ought to have been done (unless the court appoints another day, as it may do), and at the place where the court is then held, and to which the records and documents of the court

The Crown to have the

same right as

a private

party to reco

ver costs in civil suits.

Recovery thereof.

Costs may be

Crown.

are removed, and at which all matters commenced at the former place of holding the court shall be continued and completed. C. S. L. C., c. 82, s. 3.

§2.-Costs in Crown cases of a civil nature.

5711. In every suit or proceeding of a civil nature, by or on behalf of the Crown, before any court, judge or tribunal, the object whereof is to recover or to prevent the loss of any immoveable or moveable property, rent, duty, toll or sum of money, or to maintain, enforce or preserve any right, privilege or lien to or upon the same, such court, judge or tribunal may award to the Crown, if successful in such suit or proceeding, the same costs which might be awarded to any private party in the like case.

The Crown shall have the same remedy for recovering such costs as any private party. C. S. L. C., c. 82, s. 22 § 1.

5712. If in any such cases or proceedings the Crown is paid by the unsuccessful, the Lieutenant-Governor in Council may, if he deems it right, direct the payment to the successful party of such costs as the said party would in like cases have received from any private party. C. S. L. C., c. 82, s. 22 § 2.

What to be deemed a civil suit.

Parties to

suits bound to

proceed during the long

vacation.

Oppositions.

5713. Whatever would be held to be a civil suit or proceeding, if all the parties thereto were private individuals, shall be held to be so, although one of such parties be the Crown, unless it is otherwise provided or such interpretation be inconsistent with the context or intent of the law. C. S. L. C., c. 82, s. 22 § 3.

§ 3. Provisions respecting the districts of Gaspé, Saguenay

and Chicoutimi.

5714. In the districts of Gaspé, Saguenay and Chicoutimi, every party to any suit or case before the Superior Court or to any appealable case in the Circuit Court or to any non-appealable case therein returnable in vacation, shall be compellable to file any plea or answer or otherwise to proceed therein between the thirtieth day of June and the first day of September in any year. C. S. L. C., c. 83, s. 79; 47 V., c. 8, s. 3

§ 4. Provisions respecting the Magdalen Islands.

5715. Any opposition filed in the Circuit Court in the circuit of the Magdalen Islands, to any judgment rendered in any case by default or ex parte for an amount exceeding two hundred dollars, shall, as regards pleading, answering and replying and the delays therefor, and as to all proceedings incident to such opposition, be considered as an appealable case in the Circuit Court. C. S. L. C., c. 83, s. 125.