« PreviousContinue »
5803. The following chapters are added after chapter fourth
of title second of book third :
“CHAPTER FOURTH (A).
“ 981a. All persons capable of disposing freely of their property may convey property, moveable or immoveable, to trustees by gift or by will, for the benefit of any persons in whose favor they can validly make gifts or legacies. 42-43 V., c. 29, s. 1.
“981). Trustees, for the purposes of their trust, are seized as depositaries and administrators for the benefit of the donees or legatees of the property, moveable or immoveable, conveyed to them in trust, and may claim possession of it, even against the donees or legatees for whose benefit the trust was created.
This seizin lasts only for the time stipulated for the duration of the trust; and while it lasts, the trustees may sue and be sued and take all judicial proceedings for the affairs of the trust. 42-43 V., c. 29, s. 2.
“ 981c. The donor or testator creating the trust may provide for the replacing of trustees as long as the trust lasts, in case of refusal to accept, of death, or other cause of vacancy, and indicate the mode to be followed.
When it is impossible to replace them under the terms of the document creating the trust, or when the replacement is not provided for, any judge of the Superior Court may appoint replacing trustees, after notice to the benefited parties. 42-43 V., c. 29, s. 3.
981d. Trustees dissipating or wasting the property of the trust, or refusing or neglecting to carry out the provisions of the document creating the trust, or infringing their duties, may be removed by the Superior Court. 4243 V., c. 29, s. 4.
“ 981e. The powers of a trustee do not pass to his heirs. or other successors, but the latter are bound to render an account of his administration. 42-43 V., c. 29, s. 5.
981f. When there are several trustees, the majority may act, unless it be otherwise provided in the document creating the trust. 42-43 V., c. 29, s. 6.
“ 981g. Trustees act gratuitously, unless it be otherwise provided in the document creating the trust.
All expenses incurred by trustees, in the fulfilment of their duties, are borne by the trust.” 42-43 V., c. 29, s. 7.
"981h. Trustees are obliged to execute the trust which they have accepted, unless they be authorized by a judge
of the Superior Court to renounce; and they are liable for damages resulting from their neglect to execute it, when not so authorized. 42-43 V., c. 29, s. 8.
“981i. Trustees are not personally liable to third parties with whom they contract. 42-43 V., c. 29, s. 9.
“981). The trustees, without the intervention of the parties benefited, administer the property vested in them and dispose of it, invest moneys which are not payable to the parties benefited, and alter, vary and transpose, from time to time, the investments, in accordance with the provisions and terms of the document creating the trust.
In default of instructions, the trustees make investments without the intervention of the parties benefited, in accordance with the provisions of article 9810. 42-43 V., c. 29,
“981k. Trustees are bound to exercise, in administering the trust, reasonable skill and the care of prudent administrators; but they are not liable for depreciation or loss in investments made according to the provisions of the document creating the trust, or of the law, or for loss on deposits made in chartered banks or savings banks, unless there has been bad faith on their part in making such investments or deposits. 42-43 V., c. 29, s. 11.
“ 981. At the termination of the trust, the trustees must render an account, and deliver over all moneys and securities in their hands to the parties entitled thereto under the provisions of the document creating the trust, or entitled thereto by law.
They must also execute all transfers, conveyances, or other deeds necessary to vest the property held for the trust in the parties entitled thereto. 42-43 V., c. 29, s. 12.
“ 981m. Trustees are jointly and severally bound to render one and the same account, unless the donor or testator who created the trust has divided their functions, and each has kept within the scope assigned to him.
They are also jointly and severally responsible for the property vested in them, in their joint capacity, and for the payment of any balance in hand, or for any waste or for any loss arising from wrongful investments, saving where they are authorized to act separately, in which case those having acted separately, within the scope assigned to them, are alone liable for such separate administration. 42-43 V., c. 29, s. 13.
“981n. Trustees are liable to coercive imprisonment for whatever is due, by reason of their administration, to those to whom they are accountable, subject to the provisions contained in the Code of Civil Procedure. 42-43 V., c. 29,
“CHAPTER FOURTH (B).
OF THE INVESTMENT OF MONEYS BELONGING TO OTHER
"9810. Except in the case of testamentary executors otherwise authorized by the will, in that of institutes under a substitution otherwise authorized by the instrument creating the substitution, and in that of trustees otherwise authorized by the instrument constituting such trust, every institute in whatever degree under a substitution, howsoever created, every executor under any will, and every tutor, curator or trustee having as such the possession or administration of property belonging to another, or held by him for the benefit of another, bound by law to invest money held by him as such administrator, must invest moneys held by them as such in Dominion or Provincial stock or in public securities of the United Kingdom or of the United States of America, or in municipal stock or debentures, or in real estate in this Province, or on first privilege or hypothec upon real estate in this Province to an amount not exceeding three-fifths of the municipal valuation of such real estate. 33 V., c. 19, ss. 1 and 2; 4243 V., c. 29, ss. 1, 2 and 10; 42-43 V., c. 30, s. 1; 46 V., c. 24, ss. 1 and 2.
981p. The institute, executor, administrator, tutor, curator or trustee, making investments in accordance with the preceding article, is exempt from all responsibility respecting the investments so made, saving always in the case of fraud, which renders these persons responsible for the damages occasioned by their fraud, under pain of coercive imprisonment, subject to the provisions contained in the Code of Civil Procedure. 42-43 V., c. 30, ss. 1 and 3.
9819. The institute, executor, administrator, tutor, curator and trustee, when investments are made otherwise than as provided in article 9810, or than as ordered by the will appointing the executors or administrators, or by the document creating the substitution or trust, are obliged to indemnify the parties to whom they are accountable for losses caused by the depreciation of the securities invested in, under pain of coercive imprisonment, subject to the provisions contained in the Code of Civil Procedure. 43 V., c. 30, s. 2.
“981r. Whenever the terms of the instrument give such persons the power to invest moneys, and a full or restricted discretion as to the nature or manner of such investment, they are held to have the like power and discretion to change from time to time any such investment they may
have made, by selling the property in which they had invested, and re-investing the proceeds as they might originally have done. 33 V., c. 19, s. 3.
AMENDMENTS TO TITLE THIRD OF BOOK THIRD,
$ 1.-Of Tender and Deposit.
5804. Article 1162 shall read as follows:
"1162. When a creditor refuses to receive payment, the debtor may make an actual tender of the money or other thing due; and, in any action afterwards brought for its recovery, he may plead and renew the tender, and if the thing due be a sum of money, may deposit the amount; and such tender, or such tender and deposit, if the thing due be a sum of money, are equivalent with respect to the debtor to a payment made on the date of the first tender; provided that from the date of the first tender the debtor continue always ready and willing to deliver the thing or to pay the sum of money.
Whenever any person desires to pay any sum of money and is prevented from doing so by reason of the refusal of his creditor or of the absence of his creditor from the place where the debt is payable, such person may deposit such sum in the general deposit office for the Province in accordance with the provisions of the law respecting judicial deposits; such deposit frees the debtor from the payment of interest from the date thereof, provided that the creditor present had without lawful right refused to accept the offers.” C. C., 1162; 35 V., c. 5. s. 8; 49-50 V., c. 101, ss 38 and following:
S 2–Of Proof.
5805. Article 1207 shall read as follows:
1207. The following writings, executed or attested with the requisite formalities by a public officer having authority to execute or attest the same in the place where he acts, are authentic and make proof of their contents, without any evidence of the signature or seal appended to them, or of the official character of such officer being necessary, that is to say :
Copies of the acts of the Imperial Parliament, of the Parliament of the Province of Canada, and of the Parliament of the Dominion of Canada, and copies of the Edicts and Ordinances, and of the Ordinances of the Province of Quebec, and of the sta tes and Ordinances of the Province of Lower Canada, and of the statutes of Upper Canada,
printed by the printer duly authorized by Her Majesty the Queen, or by any of her predecessors;
Copies of acts of the Legislatures of the provinces forming the Dominion of Canada, or of any of the provinces or territories, hereafter admitted into the Dominion, printed by a Queen's printer, or other printer by authority, for the Government of any of the said provinces or territories ;
Letters-patent, commissions, proclamations and other instruments issued by Her Majesty the Queen, or by the executive Government of the Province of Canada or of the Dominion of Canada ;
Letters-patent, orders in council, commissions, proclamations and other instruments issued by the Government of this Province;
Copies of official documents, proclamations or announcements, printed by a Queen's printer, or other printer by authority for the government of a province of the Dominion of Canada and of the provinces or territories hereafter admitted into the Dominion ;
Official announcements in the Canada Gazette and in the Quebec Official Gazette published by authority;
The records, registers, journals and public documents of the several departments of the Executive Government and of the Parliament of the Province of Canada and of the Dominion of Canada, as well as those of the Executive Government and Legislature of this Province;
The records and registers of courts of justice and of judicial proceedings in the Province;
The books and registers of a public character required by law to be kept by official persons in the Province ;
The books, registers, by-laws, records and other documents and papers of municipal corporations and of other corporations of a public character in this Province ;
Official copies and extracts of and from the books, documents and writings above mentioned, and certificates and all other writings included within the legal intendment of this article, although not enumerated.” C. C., 1207; 31 V., c. 13, s. 9; 31 V., c. 18, ss. 1 and 2 ; 32 V., c. 10, ss. 1 and 2 ; 49-50 V., c. 100, s. 13. See R. S. C., c. 139.
5806. Article 1208 shall read as follows:
“1208. Saving wills, a notarial deed received before one notary alone is authentic." C.C., 1208; 46 V., c. 32, s. 48.
5807. Article 1209 shall read as follows:
“1209. Notifications, summonses, protests and services, by which a reply is required, may be made by one notary, whether the party in whose name they are made has or has not signed the deed.
Such instruments are authentic and make proof of their contents until contradicted or disavowed.
But nothing inserted in any such instrument, as the