Page images
PDF
EPUB

1. Law costs and all expenses incurred in the interest of the mass of the creditors;

2. Tithes;
3. The claims of the vendor;

4. The claims of creditors who have a right of pledge or of retention ;

5. Funeral expenses
6. The expenses of the last illness;
7. Municipal taxes ;

8. The claim of the lessor in accordance with article 2005;

9. Servants' wages and sums due for supplies of provisions ;

10. The claims of the Crown against persons accountable for its moneys.

The privileges specified unders the numbers 5, 6, 7, 9 and 10 extend to all the moveable property of the debtor, the others are special, and affect only some particular objects. C. C., 1994 ; 49-50 V., c. 12, s. 2.

5826. The following articles are added after article 1994 :

“1994a. Each person engaged to fish, or assist at any fishery, or in the dressing of fish, either by written agreement or otherwise, has, for securing his wages or share, a first lien preferable to any other creditor upon the produce of his employer's fishery. 32 V., c. 37, s. 3.

“1994b. Mutual fire insurance companies have a privilege upon the moveable property of the insured for the payment of assessments which may be imposed on the deposit notes of the members, which privilege takes rank immediately after municipal taxes and rates and remains in force for the same time." 45 V., c. 51, s. 49; 47 V., c. 76, s. 2.

5827. Article 1998 shall read as follows:

“1998. The unpaid vendor of a thing has two privileged rights :

1. A right to revendicate ;
2. A right of preference upon its price;

In the case of insolvent traders these rights must be exercised within fifteen days after the delivery.” 48 V., c. 20, s. 1.

5828. Article 2005 shall read as follows:

2005. The privilege of the lessor extends to all rent that is due or to become due, under a lease in authentic form.

But in the case of the liquidation of property abandoned by an insolvent trader who has made an abandonment in favor of his creditors, the lessor's privilege is restricted to the whole of the rent due and to become due during the current year, if there remain more than four months

to complete the year; and if there remain less than four months to complete the year, to the whole of the rent due and to the rent becoming due during the current year and the whole of the following year.

If the lease be not in authentic form, the privilege can only be claimed for three overdue instalments and for the remainder of the current year.” C. C., 2005; 49-50 V., c. 12, s. 3.

5829. The following article is added after article 2009:

“ 2009a. Companies for stoning roads have a privilege upon the lands of all persons bound to the inaintenance of the road and being shareholders to the amount of their contribution on account of such lands, and a privilege upon all lands belonging to persons not being shareholders bound to the maintenance of the road, for three years of arrears of commutation rent of such maintenance.

Notwithstanding the provisions of articles 2009 and 2015, these privileges rank immediately after municipal assessments.

A sale under execution shall not free the lands sold from the privilege of the company for the payment of instalments not et due and of the annual rent to become due." 33 V., c. 32, ss. 31, 32 and 33.

5830. Article 2033, shall read as follows:

“ 2033. There is likewise a legal hypothec in favor of mutual fire insurance companies upon the immoveables mentioned in the policy, for the payment of the assessments upon the deposit notes.

. This hypothec is not subject to the restrictions contained in article 2026, and it ranks dating from the date of the deposit note. C. C., 2033 ; 45 V., c. 51, ss. 49 and 71; 47 V., c. 76, s. 2.

5831. Article 2042 shall read as follows:

2042. Conventional hypothecs are not valid unless the deed specially describes the immoveable hypothecated, with a designation of the coterminous lands, or of the number or name under which it is known, or of the lot or part of the lot and range, or of its number upon the plan and book of reference of the registry office, if such plan and book of reference exist. C. C., 2042; 40 V., c. 17, s. 1.

SECTION XIX,

AMENDMENTS TO TITLE EIGHTEENTH OF BOOK THIRD.

OF REGISTRATION OF REAL RIGHTS.

5832. Article 2084 shall read as follows:

2084. The following rights are exempt from the formality of registration :

1. The privileges mentioned in paragraphs one, four, five, six and nine of article 2009;

2. The original titles by which lands are granted en fief, en censive, en franc-alleu, or in free and common soccage;

3. Hypothecs in favor of the Crown, created in virtue of the statute to relieve the sufferers by fire at Quebec, 9th Victoria, chapter 62;

4. Seigniorial rights, and the rents constituted in their stead;

5. The claims of mutual insurance companies for the amount which the parties insured are liable to contribute ; 6. The claims of companies for stoning roads against their members and those bound to the maintenance of such roads." C.C., 2084; 33 V., c. 32, ss. 31, 32 and 33; 45 V.,

c. 51, ss. 49 and 71; 47 V., c. 76, s. 2. 5833. Article 2098 shall read as follows:

“ 2098. All acts inter vivos conveying the ownership of an immoveable must be registered at length, or by memorial.

In default of such registration, the title of conveyance cannot be invoked against any third party who has purchased the same property from the same vendor for a valuable consideration and whose title is registered.

Registration has the same effect between two donees of the same immoveable.

Every conveyance by will of an immoveable must be registered either at length or by memorial, with a declaration of the date of the death of the testator and a description of the immoveable.

The transmission of immoveables by succession must be registered by means of a declaration setting forth the name of the heir, his degree of relationship to the deceased, the name of the latter, the date of his death, and the designation of the immoveable.

So long as the right of the acquirer has not been registered, the registration of all conveyances, transfers, hypothecs or real rights granted by him in respect of such immoveable is without effect.” C. C., 2098; 42-43 V., c. 16, s. 1; 42-43 V., c. 17, s. 1.

5834. The following article is added after article 2116 :

“2116a. In default of registration, no real, discontinuous and unapparent servitude, constituted by title, has any effect as regards third parties who become subsequent proprietors or creditors, whose rights have been registered.” 44-45 V., c. 16, s. 5; 46 V., c. 25, s. 1; 47 V., C. 15, s. 1.

5835. Article 2137 shall read as follows:

“2137. The memorial must be in writing and may be

made at the request of any party interested in or bound to effect, the registration and must be attested by two subscribing witnesses.

The memorial may also be made in duplicate and acknowledged according to article 2144a.

The party requiring the memorial must subscribe his name to it, and, if he cannot write, his name may be subscribed by another, provided it be accompanied by the ordinary mark of such party made in the presence of the attesting witnesses.

The memorial may be made on behalf of the Crown by the Provincial Treasurer or other officer of the Crown, in whose hands the document is, and it must state the name, office and domicile of the person by whom it is made.” C. C., 2137; B. N. A. Act., 1867, s. 135; 31 V., c. 9, s. 19; 47 V., c. 13, s. 2; 49-50 V., c. 101, s. 3.

5836. The following article is added after article 2138:

“2138a. One memorial is sufficient, in the case of several obligations, titles or claims, from the same debtor, upon one or more immoveables in favor of the same creditor or acquirer, and also in the case of several successive titles and transfers of the same property.” 47 V., c. 13, s. 3.

5837. The following article is added after article 2144 :

“ 2144a. The memorial executed in duplicate inay be acknowledged before a notary or in the presence of two witnesses, but need not be proved under oath, if executed in the Province and accompanied by the title of which it is a memorial.” 47 V., c. 13, s. 4.

5838. The following article is added after article 2145:

“2145a. In the case of the registration of a memorial in duplicate executed before a notary or two witnesses, one remains among the records of the registry office; the certificate, if required, is written at the end of the other, and returned to the party giving it, without its being necessary to mention it on the title.

Such certificate is primâ facie proof of its contents.” 47 V., c. 13, s. 5; 48 V., c. 19, s. 1.

5839. The following articles are added after article 2147 :

“ 2147a. The notices, declarations and memorials, mentioned in articles 2026, 2098, 2106, 2107, 2111, 2115, 2116, 2120, 2121, 2125, 2131, 2146, 2168 and 2172, may

be given either under private seal or by notarial deed, en minute or en brevet.

An authentic copy of such notices or a duplicate, if executed en brevet or under private seal, shall remain in the registry office.

A certiticate of registration is not required upon such notices, but it may be required by the parties interested, and is primâ facie proof of its contents.” 47 V., c. 13, s. 6; 48 V., c. 19, $ 2.

“21476. The notices and declarations mentioned in articles 2098, 2131 and 2172, may be given to registrars for those interested, by any person whomsoever, whether related or not. They may also be given by married women, interdicted persons, and the minors themselves.” 38 V., c. 14, s. 1.

5840. The following article is added after article 2152:

“2152a. The cancellation of the registration of real rights is made by simply presenting and depositing in the registry office to which it appertains, to remain among and form part of the records thereof, documents or authentic copies or extracts from documents, as the case may be, authorizing the cancellation, and by the noting of such documents thus presented and deposited, in the margin of the registration of the document creating or showing such cancelled rights." 42-43 V., c. 27, s. 1.

5841. The following article is added after article 2157:

“2157a. Articles 2148, 2152, 2152a, 2153 and 2154 apply to the registration of any judgment for the re-entry upon abandoned lands, and apply also to the cancelling of the registration of any deed of sale declared void by such judgment; but article 2154 does not apply if the buyer has been notitied in the manner prescribed by article 68 of the Code of Civil Procedure." 33 V., c. 16, s. 11.

5842. Article 2160 shall read as follows:

“ 2160. Registry offices must be kept open every day, Sundays and holidays excepted, from nine o'clock in the morning until four o'clock in the afternoon.” C. C., 2160; 46 V., c. 23, s. 1.

5843. The following articles are added after article 2161:

"216la. A register for the addresses or elections of domicile of hypothecary creditors must be kept in each registry office. 43-44 V., c. 25, s. 1.

« PreviousContinue »