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PAY-LIST of the workmen employed by A. B. (name of the contractor) upon the works being executed
for C. D. (name of the proprietor.)
FORM OF CLAIM.
In connection with article 1697b.
CLAIM OF WORKMAN TO BE DELIVERED TO THE PROPRIETOR.
To C. D. (name of the proprietor.)
In presence of the undersigned witness, I (or we), E. F. (name of the workman or workmen) declare that A. B. (name of the contractor) owes me (or us) a sum of $ for
(number of days), employed at your work, at (place) (or a sum of $ , if by the piece or contract), which sum the said A. B (name of the contractor), your contractor, refuses or neglects to pay me (or us). Made in duplicate at this
E. F. Signature of workman or workmen, (Signed),
44-45 V, c. 17, Schedule B.
AMENDMENTS TO TITLE TENTH OF BOOK THIRD.
5818. Article 1815 shall read as follows:
“ 1815. The persons mentioned in the last preceding article are responsible if the things be stolen or damaged by their servants or agents, or by strangers coming and going in the house, but are not liable to make good to any guest, any theft of, or injury to goods or property brought to their houses, not being a horse or other live animal, or any gear appertaining thereto, or any carriage, to a greater amount than the sum of two hundred dollars, except in the following cases :
1. Where such goods or property have been stolen, lost, or injured through their wilful act, default, or neglect, or of any servant in their employ ;
2. Where such goods or property have been deposited expressly for safe custody with them,
Provided always, that, in case of such deposit, such per
sons may, if they think fit, require, as a condition of liability, that such goods or property be deposited in a box or other receptacle fastened and sealed by the person depositing the same.
If any such persons refuse to receive for safe custody, any goods or property of their guests, or if any such guest, through any default of such person, be unable to deposit such goods or property, such persons are not entitled to the benefit of this article, in respect of such goods or property
Such persons must cause to be kept conspicuously posted in the office and public rooms, and in every bed-room in their establishments, a copy of this article, printed in plain type; and they are entitled to the benefit of its provisions in respect of such goods or property only as are brought to their establishment while such copy is so posted.
Such persons are not responsible if the theft be committed by force of arms or the damage be caused by irresistible force; nor are they responsible if it be proved that the loss or damage is caused by a stranger and has arisen from neglect or carelessness on the part of the person claiming.” C. C., 1815; 39 V., c. 23, ss. 2, 3, 4 and 5.
5819. Article 1816 shall read as follows:
“ 1816. The rules declared in article 1677, subject to the provisions of the preceding article, apply also to the liability of keepers of inns, boarding-houses and taverns and as regards the oath to be offered.” C. C., 1816; 39 V., c. 23, s, 6.
5820. The following section is added after section fifth of
chapter first of title tenth of book third :
SECTION V (A.)
OF THE LIEN OF INNKEEPERS UPON THE GOODS OF THEIR GUESTS.
“1816a. Persons keeping a hotel, inn, tavern, public house or other place of refreshment, and boarding-housekeepers and lodging house-keepers have a lien on the baggage and property of their guests, boarders, or lodgers, for the value or price of any food or accommodation furnished to them.
They have, in addition to all other remedies, the right, in case the amount remains unpaid for three months, to sell such baggage and property by public auction, on giving one week's notice of such ntended sale, by advertisement in a newspaper published in the municipality in which such hotel, inn, tavern, public house, place of refreshment, boarding-house, or lodging-house, is situate, or in case
there is no newspaper published in such municipality, in a newspaper published nearest thereto.
The notice must state the name of the guest, boarder or lodger, the amount of his indebtedness, a description of the baggage or other property to be sold, the time and place of sale, and the name of the auctioneer.
After such sale, such innkeeper, hotel-keeper, boarding house-keeper, or lodging-house-keeper may apply the proceeds of such sale in payment of the amount due to him, and the costs of such advertising and sale, and must pay the surplus (if any) to the person entitled thereto on application being made by him therefor.” 39 V., c. 23, ss. 1 and 5.
AMENDMENTS TO TITLE ELEVENTH OF BOOK THIRD.
5821. The following article is added after article 1834:
"18341. A similar declaration must be also made by, any person carrying on business alone under a firm name.” 48 V., c. 29, s. 1.
5822. The following article is added after article 1896:
“1896a. If a partnership be dissolved or a judicial demand be made for such dissolution, the court or the judge, upon the demand of one of the partners, after notice given to the others, has power to appoint one liquidators.
The liquidators so appointed must be sworn to well and faithfully perform the duties of their office.
They immediately give notice of their appointment by an advertisement to that effect published in the Quebec Official Gazette and in two newspapers, one in the French and the other in the English language, published at the place of business of the partnership or at the nearest place, and in such other manner as the court or judge may prescribe.
They become pleno jure seized of the assets of the partnership for the purposes of the liquidation; they furnish the security prescribed by the court or judge, and are in all respects subject to the summary jurisdiction of such court or judge.
They possess all the powers and are subject to all the obligations of judicial sequestrators, with the exception of the putting into possession, which is done without the intermediary of a bailiff.
Acts, exceeding those of administration, cannot be performed by the liquidators without the consent of all the partners, and, in default of such consent, only with the
approval of the court or judge, after previous notice to the members of the partnership.
The remuneration of the liquidators is fixed by the court or judge.
Proceedings respecting the appointment of liquidators and the performance of the duties of their office are summary
Provisional execution takes place notwithstanding the appeal, saving the right of the court to which the cause is taken in appeal to summarily suspend such execution.
Two judges of the court seized of the appeal may also give such order for suspension after notice to the adverse party.” 48 V., c. 20, s. 2.
AMENDMENTS TO TITLE SIXTEENTH OF BOOK THIRD.
5823. The following article is added after aticle 1966:
“1966a. Articles 1488, 1489 and 2268 apply to the contract of pledge." 42-43 V., c. 18, s. 1.
5824. Article 1971 shall read as follows:
"1971. Saving pawnbrokers, no creditor can, in default of payment of the debt, dispose of the thing given in pawn. He may
cause it to be seized and sold in the usual course of law under the authority of a competent court and obtain payment by preference out of the proceeds.
This provision however does not apply to timber given in security under the provisions of article 5647, 5648, 5649 and 5650 of the Revised Statutes of the Province of Quebec.
The creditor may also stipulate that in default of payment he shall be entitled to retain the thing.” C. C., 1971; B. N. A. Act, 1867, s. 91 § 15; 41 V., c. 3, s. 141.
AMENDMENTS TO TITLE SEVENTEENTH OF BOOK THIRD.
OF PRIVILEGES AND HYPOTHECS.
5825. Article 1994 shall read as follows:
“1994. The claims which carry a privilege upon moveable property are the following, and where several of them come together they take precedence in the following order, and according to the rules hereinafter declared, unless some special law derogates therefrom: