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answer of the party upon whom the same is served, is proof against him, unless it be signed by such party.

With the exception of the notifications, summonses, protests and services which precede, all other notifications, summonses, protests and services may be made by an ordinary notarial deed signed in the office of the notary or elsewhere.

In such case it is sufficient for the notary to serve a copy of such deed upon the person to be so notified, summoned or protested, or at his domicile.

It is not necessary to deliver to the adverse party a copy of the procès-verbal of service; such procès-verbal may be drawn up and signed afterwards.” 47 V., c. 14, s. 1; 48 V., c. 18, s. 1.

5808. Article 1231 shall read as follows:

“1231. All persons are legally competent to give testimony, except:

1. Persons deficient in understanding, whether from immaturity of age, insanity or other cause ;

2. Those insensible to the religious obligation of an oath ;
3. Those civilly dead ;
4. Those declared infamous by law ;

5. Husband and wife, for or against each other, except in the case provided for in article 252 of the Code of Civil Procedure, when one of the consorts, separate as to property, administers as agent the property of the other.” C. Č., 1231; 35 V., c. 6, s. 9.





5809. Article 1265 shall read as follows:
1265. After marriage, the marriage

marriage covenants contained in the contract cannot be altered, (even by the donation of usufruct, which is abolished,) nor can the consorts in any other manner confer benefits inter vivos upon each other, except in conformity with the provisions of the law, under which a husband may, subject to certain conditions and restrictions, insure his life for his wife and children.” C. C., 1265; 41-42 V., c. 13, s. 2 and following:

5810. Article 1336 shall read as follows:

"1336. If the dissolution be demanded by the survivor, and some of the children be still minors, his demand must be preceded by an inventory, which he must make according to the form of that required to prevent the continuation

of community, and for such purpose the subrogate tutor represents the minors and stands as an adverse party.” 38 V., c. 13, s. 1.

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5811. Article 1543 shall read as follows:

" 1543. In the sale of moveable things the right of dissolution by reason of non-payment of the price can only be exercised while the thing sold remains in the possession of the buyer, without prejudice to the seller's right of revendication as provided in the title of Privileges und Hypothecs.

In the case of insolvency such right can only be exercised during the fifteen days next after the delivery.” C. C., 1543; 48 V., c. 20, s. 1.

5812. The following section is added after section second of

chapter sixth of title fifth of book third :



“1561a. Whenever any land has been sold under a deed of sale, or under a promise of sale or contract in the nature of a promise of sale followed by tradition and actual possession, and the vendor is entitled, by reason of nonpayment of the price or any other cause, to demand the dissolution of the sale, if the buyer have abandoned the land and has left it so abandoned during two years or more, the vendor may recover the land and re-enter into possession of the same by observing the formalities prescribed in the Code of Civil Procedure. 33 V., c. 16, S. 1 and 13.

15616. Every buyer, who has ceased to occupy the land by himself or by his family and who has made no transfer of his rights in the land, or who, having made a transfer, has not notified the vendor in writing, of such transfer, is deemed to have abandoned the land.

No actual possession of the land by any person whatever shall be deemed to be a notice of any such transfer.” 3:3 V., c. 16, ss. 1 and 12.

5813. Article 1565 shall read as follows:

“ 1565. The voluntary sale by auction of goods, wares, merchandise or effects cannot be made by any person other

than a licensed auctioneer, subject to the following exceptions :

1. The sale of goods or effects belonging to the Crown or seized by a public officer under judgment or process of any court or as being forfeited;

2. The sale of goods of minors by forced or by voluntary licitation ;

3. The sale of property, at any bazaar held for religious or charitable purposes, or the sale of property for religious purposes;

4. The sale of goods and effects belonging to deceased persons or to any dissolution of community, or to any church;

5. The sale of personal property, grain, or cattle for non-commercial purposes by the inhabitants of the rural districts, removing from the locality;

6. The sale at exhibitions of farin animals exhibited by agricultural societies;

7. Sales for municipal taxes under municipal laws.” C. C., 1565; 41 V., c. 3, s. 109; 48 V., c. 7, s. 1.

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5814. The following articles are added after article 1571:

1571a. Whenever, in the case of a sale of a debt or a right of action, the debtor has left or has never had his domicile in this Province, the signification of the sale required by article 1571 may be effected, by publishing a notice of the said sale, twice in the French language, in a newspaper published in the French language, and twice in the English language, in a newspaper published in the English language, in the district in which the debt was contracted or in which the action may be instituted; and in default of such newspapers in such district, then in nilar newspapers

the nearest locality. The delivery of a copy of the deed of sale, required by the said article 1571 may be effected, by leaving such copy

for the debtor in the hands of the prothonotary of the district in which the signification was published. 35 V., c. 6, s. 3.

15716. Whenever in either of the cases mentioned in the preceding article, an action has been brought against the debtor, the service of the action, in the manner prescribed by article 68 of the Code of Civil Procedure, is à sufficient signification of the deed of sale, if in the order published in virtue of the said article, the sale is mentioned and described ; and the filing of a copy of the deed of sale together with the return of the action, is sufficient delivery thereof to the debtor. 35 V., c. 6, s. 4.


1571c. Whenever a whole class of rents or debts collectively are sold, the signification of the sale required by article 1571 may be effected by causing the deed of sale

to be published in the manner prescribed by article 1571a, and the delivery of the copy may be effected by depositing a copy of the deed of sale in the office of the prothonotary of the district in which the succession opened, or in which are situated the lands charged with such debts, or of the district in which is or was the chief place of business of the original creditor.

Such publication and deposit shall be a sufficient signification and delivery with respect to each debtor individually.” 35 V., c. 6, s. 5.




In connection with article 1571a.

To (name and designation of the debtor,)

Notice is hereby given you that the debt (or right of action) which (name of the selling creditor) had against you by virtue of (description of the title on which the debt or the right is founded) has been sold and conveyed to (nume, designation and residence of the purchasing creditor) by virtue of an instrument (before notaries or by private writing) executed at the

day of

in the presence of (witness or the name of the notary.)

35 V., c. 6. Schedule.

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5815. Article 1669 shall read as follows:

“ 1669. In any action for wages by domestics or farm servants, the master may, in the absence of written proof, offer his oath as to the conditions of the engagement and as to the fact of the payment, accompanied by a detailed statement; but such oath may be refuted in the same manner as any other testimony. 41-42 V., c. 12, s. 1.

5816. Article 1690 shall read as follows:

“ 1690. When an architect or builder undertakes the

construction of a building or other works by contract,
upon a plan and specifications, at a fixed price, he cannot
claim any additional sum upon the ground of a change
from the plan and specifications, or of itn increase in the
labor and materials, unless such change or increase is
authorized in writing and the price thereof is agreed upon
with the proprietor, or unless the agreement upon those
two points is established by the decisory oath of the

proprietor.” C. C. 1690; 51-52 V., c. 22, s. 2.
5817. The following section is added after section fourth of

chapter third of title seventh of book third :



“1697a. Every builder or contractor, whether chief or sub-contractor, who employs workmen by the day or by piece work, to carry out a contract, must keep a list, showing the names and wages or price of the work of such workmen; and every payment to them made must be attested by the signature or cross of such workmen affixed thereto, in presence of a witness, who also signs it. 44-45 V., c. 17, s. 1.

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"16975. It shall be lawful for every workman who is unpaid to produce, in the presence of a witness, to the proprietor who gave the work out to contract, his claim in duplicate in the form of schedule B; and, from the time such claim shall be so produced, the sum then due upon the price or value of the contract shall be deemed to be seized in the hands of the proprietor pro rutâ up to the amount of the claim of the workman.

Five days after the production of such claim, if the claim of the workman have not been paid, the latter may proceed judicially against the contractor who employed him, making the proprietor a party to the suit.

Payments made by the proprietor after the production of the claim cannot be opposed to the workman's claim. 51-52 V., c. 27, s. 1.

“1697c. Several unpaid workmen may join in the same claim. 44-45 V., c. 17, s. 3.

"1697d. In case of an assignment by the contractor to a third party of the price of the work, the claim of the workman has, with respect to such third party, the same effect as it would have had with respect to the contractor if no such assignment had been made. 44-45 V., c. 17, s. 4.

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