C. D., of the parish of

in the said dis

trict, farmer by this his petition, respectfully represents : That for about year, E. F., of the said parish of farmer (uncle or brother of the petitioner, as the case may be), has been an habitual drunkard, and that by reason of his drunkenness he squanders or mismanages his property, or places his family in trouble or distress, or transacts his business prejudicially to his family, his relations or his creditors, and that, therefore, it is desirable that in virtue of the law, the said E. F., be interdicted as an habitual drunkard.

Wherefore, your petitioner prays that the interdiction of the said E. F., as an habitual drunkard, be pronounced in accordance with the law.

33 V., c. 26, Schedule A.

B.

FORM OF AFFIDAVIT WHICH MUST ACCOMPANY THE PETITION PRAYING FOR THE INTERDICTION.

C. D., the petitioner named in the foregoing petition, being duly sworn upon the Holy Evangelists, doth depose and say: That the facts alleged in the foregoing petition are true, and that the said petition hath not been made through malice, nor with a view to oppress. And he hath (declared himself to be unable to sign,) or (huth signed) after the same hath been duly read to him.

JUDGE'S ORDER, CONVENING A FAMILY COUNCIL TO PROCEED TO THE INTERDICTION.

Considering the foregoing petition and affidavit, let the relations, whether of blood or by affinity, and in default of such relations, the friends of the said E. F., in the said petition mentioned, appear before me in chambers, in the court house, in the city or town, etc., on the

18 at

day of

5791. Article 339 shall read as follows:

"339. With the exception of curators to habitual drunkards, curators to the person are appointed with the formalities and according to the rules prescribed for the appointment of tutors.

They are sworn before entering upon their duties." C. C., 339; 33 V., c. 26, s. 1.

5792. Article 343 shall read as follows:

"343. The curator to a person interdicted for imbecility, insanity or madness has over such person and his property all the powers of a tutor over the person and property of a minor; and he is bound towards him in the same manner as the tutor is towards his pupil.

These powers and obligations extend only to the property when the interdiction is for prodigality or habitual drunkenness." C. C., 343; 42-43 V., c. 28, s. 1.

5793. Article 347 shall read as follows:

"347. Curators to property are those appointed:
1. To the property of absentees;

2. In cases of substitution;

3. To vacant estates;

4. To the property of exinct corporations;

5. To property abandoned by insolvent traders who have made an abandonment of their property for the benefit of their creditors, or by arrested or imprisoned debtors, or on account of hypothecs;

6. To property accepted under benefit of inventory." C. C., 347; 48 V., c. 22, s. 4; 49-50 V., c. 12, s. 1.

5794. The following chapter is added after chapter fourth of title tenth of book first:

"CHAPTER FOURTH (A).

SALE OF CERTAIN PROPERTY BELONGING TO MINORS
AND OTHER INCAPABLE PERSONS.

"351a. In the case of the sale of capital sums, such as shares or interest in financial, commercial or manufacturing joint stock companies, or public securities, belonging to minors, interdicted persons or absentees or to substitutions, the judge or the court, authorizing such sale upon the advice of a family council, may, if he or it deem it meet, order that the sale be made, at the current rate upon the stock exchange, by a broker or other person appointed for that purpose, without advertisement or other formalities; and the judge or court in case he or it may deem the same advisable, may authorize, during such delay as shall be determined, the gradual disposal of such securities at the current rate upon the stock exchange.

The person appointed shall make a report of all sales by him made, and deposit it in the clerk's office where the authorization for the sale has been deposited, with an attestation under oath, showing the market value of similar securities sold upon the stock exchange on the day of each sale. 42-43 V., c. 26, ss. 1 and 2.

"3516. Articles 298 and 299 of this Code, and the fifth title of the third part of the Code of Civil Procedure, do not apply to the sale of immoveable property or immoveable rights, belonging to minors or persons incapable of acting for themselves, nor to the sales of the capital sums, shares or interest of such minors or persons, in any financial, commercial or manufacturing joint stock company, the real value of which does not exceed the sum of four hundred dollars.

The sale may take place in the manner set forth in article 6016 of the Revised Statutes of Quebec." 35 V., c. 7, s. 1; 36 V., c. 17, s. 1; 36 V., c. 18, s. 1.

SECTION VII.

AMENDMENT TO TITLE ELEVENTH OF BOOK FIRST.

OF CORPORATIONS.

5795. Article 365 shall read as follows:

"365. In consequence of the disabilities which arise from their corporate character, they can neither be tutors nor curators, nor can they take part in meetings of family councils.

They cannot be entrusted with the execution of wills or any other administration which necessitates the taking of an oath, or imposes personal responsibility

They cannot be summoned personally, nor appear in court otherwise than by attorney.

They cannot sue nor be sued for assaults, battery or other violence to the person.

They cannot serve as witnesses nor as jurors before the

courts.

They can neither be guardians nor judicial sequestrators, nor can they be charged with any other functions or duties the exercise of which might entail imprisonment. C. C., 365; C. S. L. C., c. 34, s. 6.

5796. The following article is added after article 366 :

"366a. All corporations which, under the provisions of their charters or of the law, cannot acquire real estate except to a limited amount, have the right, whenever they dispose of or alienate any real estate belonging to them, to apply the price thereof to the acquisition of other real estate, and also to receive the revenues thereof and to employ the

same for the objects for which they were constituted.” 4243 V., c. 34, s. 1.

5797. Article 368 shall read as follows:

"368. Corporations are dissolved:

1. By any act of the legislature declaring their dissolution;

2. By the expiration of the term or the accomplishment of the object for which they were formed, or the happening of the condition attached to their creation;

3. By forfeiture legally incurred;

4. By the natural death of all the members, the diminution of their number, or by any other cause of a nature to interrupt the corporate existence, when the right of succession is not provided for in such cases;

5. By the mutual consent of all the members, subject to the modifications and under the circumstances hereinafter determined;

6. By voluntary liquidation in the cases by law provided." C. C., 368; 42-43 V., c. 31, ss. 5 and 22.

5798. Article 371 shall read as follows:

"371. Saving the case of the voluntary liquidation of joint stock companies, a dissolved corporation is, for the liquidation of its affairs, in the same position as a vacant succession. The creditors and others interested have the same recourse against the property which belonged to it, as may be exercised against vacant successions and the property belonging to them." C. C., 371; 42-43 V., c. 31, s. 22. 5799. The following article is added after article 373 :

"373a. In the case of the voluntary liquidation of a joint stock company, one or more liquidators are appointed in the manner required by law, for the purpose of winding up the affairs and of distributing the assets of the company." 42-43 V., c. 31, ss. 5 and 22.

SECTION VIII.

ANENDMENTS TO TITLE SECOND OF BOOK SECOND.

OF PROPERTY.

5800. Article 428 shall read as follows:

"428. Pigeons, rabbits and fish which go into another dove-cote, warren or pond, become the property of him to whom such pond, warren or dove-cote belongs, provided they have not been attracted there by fraud or artifice.

Bees living in a state of freedom are the property of the person discovering them, whether or not he be proprietor of the land on which they have established themselves.

Whenever a swarm of bees leaves a hive, the proprietor may reclaim them, so long as he can prove his right of property therein, and he is entitled to take possession of them at any place on which they may settle, even if such place be on the land of another person, provided, however, that he notify the proprietor of such land and compensate him for all damages, and unless the swarm settles in a hive which is already occupied, in which case the proprietor loses all right of property in such swarm.

If the proprietor of a swarm of bees decline to follow such swarm, and another person undertake the pursuit, such other person is substituted in the rights of the proprietor, and every swarm which is not followed becomes the property of the proprietor of the land on which it settles, without regard to the place from which it came.

Any unpursued swarm which lodges on any property whatsoever, without settling thereon, may be secured by the first comer, unless the proprietor of the land objects." C. C., 428; 28 V., c. 8, ss, 1, 2, 3, 4 and 5.

SECTION IX.

AMENDMENTS TO TITLE FIRST OF BOOK THIRD.

OF SUCCESSIONS.

5801. The following article is added after article 650:

“650a. Letters of verificatien may be obtained in the case of a succession ab intestat, devolving in this Province, having property situate outside of its limits or debts due by persons not residing therein.

The procedure in such case is regulated by the Code of Civil Procedure." 41 V., c. 10, s. 1.

SECTION X.

AMENDMENTS TO TITLE SECOND OF BOOK THIRD.

OF GIFTS INTER VIVOS AND BY WILL.

5802. Article 945 shall read as follows:

"945. All substitutes, born and unborn, are represented in all inventories and partitions by a curator to the substitution, appointed in the manner established as regards tutors. The curator to the substitution attends to the interest of such substitutes and represents them in all cases in which his intervention is requisite or proper.

The institute who neglects to demand this nomination may be declared to have forfeited in favor of the substitute the benefit of the disposition.

All persons who are competent to demand the appointment of a tutor to a minor of the same family, may also demand the nomination of a curator to the substitution." 38 V., c. 13, s. 1.