Manner of contesting it. Judgment on 5736. No contestation of the petition shall be allowed except by counter-affidavits produced within three days after the presenting of the petition. 34 V., c. 7, s. 5. 5737. After the delay of three days the judge may, in his the petition. discretion, either reject the petition or render a judgment declaring the concession void, and ordering the cancellation of the registration thereof, and authorizing the petitioner to take possession of the land, without prejudice in all cases to the rights of hypothecary creditors, if they pay the seigniorial dues or rents in arrear for the ten years to which the seignior's privilege extends. Proviso, if petition dismissed. What may ment from being ren-dered. In the event of the judgment rejecting the petition, it shall not prejudice the seignior in any right he may have by law of bringing an action in the ordinary manner. 34 V., c. 7, ss. 6 and 12. 5738. No such judgment shall be rendered, if at any time prevent judg- before the rendering thereof, the censitaire, or any person for him or holding under him, pay, either to the seignior or into the office of the prothonotary of the Superior Court, the full amount of all the seigniorial dues or rents remaining unpaid in respect of the land in question and all costs incurred by the seignior. 34 V., c. 7, s. 7. Judgment may be enforced by writ of possession. Revision of judgment. Documents to 5739. If the seignior is prevented by any person from taking possession of the land in virtue of the judgment, he may demand and obtain from the prothonotary of the Superior Court a writ of possession to eject such person and place the seignior in possession, and article 550 of the Code of Civil Procedure shall apply to such writ. 34 V., c. 7, s. 8. 5740. The censitaire may obtain a revision of the judgment, and articles 495 to 504, inclusively, of the Code of Civil Procedure shall apply to such revision. 34 V., c. 7, s. 4. 5741. All documents in proceedings under this section form perior Court. part of the records of the Superior Court. 34 V., c. 7, s. 10. belong to Su Costs in pro advocates' 5742. The costs in proceedings taken under this section are ceedings and the same as those allowed by the tariff of the Circuit Court in fees, under cases above one hundred dollars; the fees of the advocates shall his section. be, if there be no contestation, the same as those allowed by the said tariff, where the case is settled after inscription upon the roll for the adduction of evidence, but before the closing of the evidence, and, if there be a contestation, the same as those allowed where the case is settled after the filing of a plea to the merits, but before inscription on the roll for the adduction of evidence. 34 V., c. 7, s. 14; 49-50 V., c. 34, s. 1. SECTION VI. PROVISIONS IN CONNECTION WITH TITLE FIRST OF BOOK THIRD OF THE SECOND PART. OF THE CIRCUIT COURT. (Articles 1053 and following.) SUITS FOR CONSTITUTED RENTS. of constituted rents may be 5743. Suits for the recovery of constituted rents replacing How arrears seigniorial dues, or for arrears thereof, may be instituted by the proprietor of the capital of such rents as a purely per- recovered. sonal action against the holder of the immoveable hypo thecated. These suits may be instituted either in the Circuit Court or Before what the magistrates' court, and, as respecting the jurisdiction of the courts. court, the procedure and the costs, shall be considered, notwithstanding articles 1054, 1055 and 1058 of the Code of Civil Procedure, as purely personal actions, and as having no relation to lands or real estate, annual rents or other matters involving future rights. Whatever may be the amount of the judgment rendered in Execution all such actions, the judgment, in default of sufficient moveables, of judgments. may be executed, after the delay of one year, by the seizure and sale of the immoveable hypothecated. 32 V., c. 30, s. 4. SECTION VII. PROVISIONS IN CONNECTION WITH TITLE FIRST OF THE THIRD PART. OF THE ADMINISTRATION OF JUSTICE. (Article 1357.) BAILIFFS. § 1.-Their Admission. 5744. No person shall be admitted as a bailiff of the Su- Admission perior Court of the Province of Quebec and registered as such, and qualification of unless he is able, at the time of his admission, to write with bailiffs. sufficient grammatical correctness the French or English lan guage. of candi 2. Every petition addressed to the court for the purpose of Petition and getting the petitioner included in the number of bailiffs of the examination Superior Court shall be referred to the prothonotary for the dates. district to which it relates, who shall examine the candidate and report to the court touching his qualifications, both as re Fees for examination. Court to retain its discretionary power. Exception as to Gaspé. What security bailiffs gards those required by this section and by law; and the prayer of such petition shall not be granted, unless it appears by the report of the prothonotary that the petitioner can write with sufficient grammatical correctness as aforesaid. C. S. L. C., c. 83, s. 158. 5745. The prothonotary shall receive from each petitioner the sum of four dollars for each examination, which sum shall include the cost of his report to the court. C. S. L. C., c. 83, s. 159. 5746. The court has always the discretionary power toreject such petition, even though the petitioner possesses the qualification above mentioned. C. S L. C., c. 83, s. 160. 5747. The district of Gaspé shall not be subject to the operation of the three preceding articles. C. S. L. C., c. 83, s. 161. § 2.-Their Security. 5748. Every person who is appointed a bailiff of the Sushall give. perior Court shall, before acting as such, give security for the due performance of the duties of the said office, in the sum of four hundred dollars, in conformity with section fourth of chapter third of title third of these Revised Statutes, respecting the security to be given by public officers. Effect of security. Bailiffs of Su to act for the Circuit Court. 2. The security so given by a bailiff shall be a security to the amount thereof, for the damages sustained by any person or party by reason of the culpable negligence or misconduct of the bailiff. C. S. L. C., c. 83, s. 102; 36 V.. c. 15, ss. 1 and 2. $3.-Their Duties. 5749. The bailiffs of the Superior Court, appointed for any perior Court district, shall be bailiffs and officers of the Circuit Court for the same district without any other appointment, and shall be amenable to the Circuit Court as such officers, and the security given by them shall extend and be applicable to all their acts or omissions as bailiffs of the Circuit Court, as fully as to their acts or omissions as bailiffs of the Superior Court. C. S. L. C., c. 83, s. 163 § 1. Bailiffs may act in district for 5750. The bailiffs of the Superior Court may act as such within the limits of the district for which they have been which they appointed, and in other districts in the cases provided by law, are appointed for the service and execution of all writs, orders and process issuing, as well from the Superior Court as from the Circuit Court, and from all other courts in the Province which may lawfully be directed to a bailiff. C. S. L. C., c. 82, s. 164, § 1; 33 V., c. 17, s. 1. and in other districts. $ 4.-Their Removal. 5751. Bailiffs are removable by the Superior Court or by Removal of any judge thereof, or by the Circuit Court. C. S. L. C., c. 83, bailiffs. s. 164 § 2. § 5.-Penalties. trusted to 5752. Any bailiff who neglects or refuses duly to execute Penalty on any writ of summons or execution issued out of the Circuit bailiff refusing to Court in any district other than that in and for which he is execute appointed as a bailiff, and which has been entrusted to him, or process enwho improperly executes or returns any such writ of summons him. or execution, shall be liable in damages at the suit of the plaintiff or other interested person for all injury or loss sustained by such neglect or refusal, or by such improper execution or return of any such writ, and the sureties of such bailiff shall be holden as in other cases according to law. C. S. L. C., c. 83, s. 165. for moneys 5753. Any bailiff to whom is directed a writ of execution, Bailiffs issued out of the Circuit Court in any district other than that responsiblein which he is empowered to act as a bailiff, and who has levied levied by the amount of the said writ, or any part thereof, shall be held them. responsible for the due payment thereof to the seizing party or into the court from which the writ issued, and shall be liable to coercive imprisonment for the same by the ordinary course of law, and by the order of the Circuit Court at the place where such writ of execution issued. C. S. L. C., c. 83, s. 166. 5754. If any bailiff, acting under color and pretence of the Penalty on bailiffs guilty process of any court, is guilty of extortion or misconduct, or of extortion does not duly pay or account for any money levied or received or misconby him, the Superior Court or the Circuit Court, if the party duct. aggrieved thinks fit to complain, may inquire into such matter in a summary way, and for that purpose summon and enforce the attendance of all necessary parties, and may make such order thereupon for the repayment of any money so levied or received as aforesaid, and for the payment of such costs to the party aggrieved as such court thinks just; and, in default of immediate payment of any sum of money so ordered to be paid by such bailiff, the judge may commit the offender to the common gaol of the dsitrict there to be detained until such payment be made in full. C. S. L. C., c. 83, s. 167. CHAPTER THIRD. MATTERS RELATING TO THE MUNICIPAL CODE. Municipal- furnish reg- Registrar to keep same among his archives. What deemed sufficient SECTION I. PROVISIONS CONNECTED WITH THE CODE GENERALLY. § 1.-Valuation Rolls furnished by municipalities to Registrars for certain purposes. 5755. The corporation of every city, town or other local municipality, shall furnish every year, at its own cost, to the registrar of the registration division in which such municipality is situate, a certified copy of the valuation or assessment roll in force in such municipality for the then current year. C. S. L. C., c. 36, s. 9. 5756. The registrar shall keep the same in his office among the records thereof, and shall use the same for the purpose of making the certificates of registrations made in his office, and generally for the purpose of obtaining and furnishing correct information touching all property within his registration division, and of making the index to immoveables which he is bound by law to keep. C. S. L. C., c. 36, s. 9 §1. 5757. Any city or town municipality shall be considered as copies of rolls. having complied with the requirements of the preceding articles, which furnishes to the registrar a certified copy of that part of the valuation or assessment roll in force in such municipality for the then current year, which shows the names of the proprietors, tenants and occupants of real estate in the municipality, the professions, trades or occupations of the proprietors, tenants and occupants, the real value of each separate lot or property, the number of each house or lot or property, and the name of the street on which each house, lot or property is situated. C. S. L. C. c. 36, s. 9 § 2. Municipalities to allow access to S2-Access by Registrars to municipal offices for certain purposes. 5758. Every municipal corporation shall allow every such registrar free access during office hours to any assessment or registrar free valuation roll theretofore made, and not required at that moment former rolls. for the use of the municipality, and shall allow him to make such extracts therefrom as he may think proper, and shall cause such extracts to be examined by the municipal officer having the custody of such roll, and, if found correct, to be certified by him in accordance with the rules of such corporation. Such access and the privileges hereby conferred on registrars shall be used by them for the purposes for which the certified copies of assessment or valuation rolls are directed to be used. C. S. L. C., c., 36, s. 9 § 3. |