3. Any person indebted as judicial surety, or for the purchase of property or effects, moveable or immoveable, sold in execution of the judgment of a court;

4. Any person indebted in damages awarded by the judgment of a court for personal wrongs, for which imprisonment may by law be awarded;

5. Any person sued in damages under articles 2054 and 2055 of this Code and article 800 of the Code of Civil Procedure, and against whom judgment has been rendered for such damages with condemnation to imprisonment;

6. Institutes under a substitution, executors or administrators, tutors, curators and trustees, for the damages occasioned by their frauds in making investments; or for damages arising from the investments having been made by them other than as provided in article 9810, mentioned in article 5803 of the Revised Statutes of the Province of Quebec or as ordained by the will appointing the executor or administrator or by the document creating the substitution or the trust." C. C., 2272; 42-43 V., c. 29, s. 14; 42-43 V., c. 30, s. 3; 48 V., c. 20, s. 3.

CHAPTER SECOND.

AMENDMENTS TO THE CODE OF CIVIL PROCEDURE.

SECTION I.

AMENDMENTS TO THE FIRST PART.

GENERAL PROVISIONS.

5853. Article 1 shall read as follows:

"1. The place, time and duration of the terins and sittings of the different courts are regulated by particular statutes. The court may, according to circumstances, shorten the terms thus fixed, or it may prolong them by adjournment, either from day to day, or to any subsequent day before the following term; and at any sitting held in virtue of such adjournment, the court may hear and determine all cases brought before it, whether such cases were begun before or since such adjournment.

In the absence of the judge who should preside the court, the prothonotary or the clerk, as the case may be, may adjourn the court from day to day during the term.

Courts cannot sit on non-juridical days.

Except as regards proceedings concerning corporations and public offices, oppositions to marriages, applications. for writs of habeas corpus in civil matters, suits between lessors and lessees, the proceedings regulated by the first title of the second book of part second, the proceedings. under articles 645, 663, 678, 679, 680, 712, 720, 730 and 763 to 780, inclusively, suits before district magistrates, suits before commissioners' courts for the summary trial of small causes, the Court of Queen's Bench, and as regards the districts of Gaspé, of Saguenay, and of Chicoutimi, the courts cannot sit between the thirtieth day June and the first day of September in any year; and in addition, they are not obliged to sit between the thirty-first day of August and the tenth day of September, nor between the twentieth day of December and the fifteenth day of January." C. C. P., 1; 37 V., c. 8, s. 6; 38 V., c. 10, s. 3; 47 V., c. 8, s. 3; 48 V., c. 20, s. 4; 51-52 V., c. 26, s. 1.

5854. Article 2 shall read as follows:

"2. The following days are non-juridical :

1. Sundays;

2. New-Year's Day;

3. The Epiphany, the Annunciation, Ash Wednesday, Good Friday, Easter Monday, the Ascension, Corpus-Christi, St. Peter and St. Paul's Day, All-Saints' Day, the Conception, and Christmas Day;

4. The anniversary of the birth-day of the Sovereign, or the day fixed by proclamation for its celebration;

5. The first day of July, the anniversary of the coming into force of the Union Act, or the second day of the month if the first be a Sunday;

6. Any day appointed by royal proclamation, or by proclamation of the Governor-General or of the LieutenantGovernor, as a day of general fast or thanksgiving; but any writ of summons, or other proceeding, which before such proclamation, has been made returnable on a day so fixed, may be returned on the next following juridical day." C. C. P., 2; 31 V., c. 7, s. 2 § 25; 42-43 V., c. 19, ss. 1 and 2; 49-50 V., c. 95, s. 36 § 23.

5855. Article 3 shall read as follows:

"3. If the day on which any thing ought to be done in pursuance of the law is a non-juridical day, such thing may be done with like effect on the next following juridical day.

This article applies to sales announced to be made by authority of justice." C. C. P., 3; 42-43 V., c. 19, s. 4.

5856. The following article is added after article 20:

"20a. No question as to the constitutionality of any statute of the Province or of the Federal Parliament, shall be raised before the courts of original jurisdiction or of appeal, unless the party raising the same, shows to the court that he has, at least eight days before the day fixed for the hearing, given to the Attorney-General notice of the question which he intends to raise, with sufficient information to enable him to understand the nature of his pretensions.

Upon such notice, the Attorney-General may intervene in the case, on behalf of the Crown, and take issue in writing on such questions, and the judgment of the court, whether it grant or refuse his conclusions, must mention such intervention and such conclusions, on which it renders judgment as if the Attorney-General were a party to the suit; and a copy of such judgment is forwarded without delay to the said Attorney-General." 45 V., c. 4, s. 1; 50 V., c. 7, s. 1.

5857. Article 23 shall read as follows:

"23. Any party to a suit may appear and plead either in person or through the ministry of an advocate.

Notaries may prepare the proceedings specified in the third part of this Code, and submit the same to the judge or to the prothonotary, and may even sign in the name of the petitioners all petitions necessary for such proceedings." C. C. P., 23; 46 V., c. 32, s. 9; 49-50 V., c. 34, s. 1.

SECTION II.

AMENDMENTS TO THE PRELIMINARY PROVISIONS OF BOOK FIRST OF THE

SECOND PART.

PROCEDURE BEFORE THE COURTS.

5858. Articles 28 and 29 shall read as follows:

"28. The Superior Court has original jurisdiction in all suits or actions which are not exclusively within the jurisdiction of the Circuit Court or of the Admiralty; and in the district of Quebec it has exclusive original jurisdiction in cases of petition of right.

The judges of the Superior Court, at their sittings in review, have exclusive original jurisdiction to hear and determine:

1. All motions for new trial or for judgment non obstante veredicto, in cases in the Superior Court in all the districts of the Province; and

2. All motions for judgment upon a verdict, or in arrest of judgment, in cases in the Superior Court in the districts of Quebec and Montreal. C. C. P., 28; 34 V., c. 4, s. 10; 35 V., c. 6, s. 13; 46 V., c. 27, s. 6.

"29. The judges of the Superior Court, or any ten or more of them, may, from time to time, make any rules of practice that may be necessary for regulating proceedings, in or out of term, in causes and matters brought before them, whether in the Superior or in the Circuit Court, and all other matters of procedure not regulated by this Code; provided such rules be not inconsistent with the provisions of this Code.

All rules of practice thus made by such judges and signed by them are, without any other formality and immediately upon receipt thereof or of a copy thereof certified by the prothonotary of the Superior Court having custody of the original thereof, entered in the registers of each of the said courts respectively, at each place where it is held, and have then full force and effect in the district or circuit where it has been so registered.

The judges of the Superior Court, or any ten or more of them, may also make any tariffs of fees for the examiners and other officers appointed by the Superior Court, whose salaries are not, by law, fixed by the Lieutenant-Governor in Council; and all such tariffs must be promulgated in the manner prescribed by the rules of practice.

The Lieutenant-Governor in Council may make, modify, revoke or amend the tariffs of fees payable to prothonotaries, clerks, sheriffs, coroners and criers in accordance with the provisions of articles 2710, 2711 and 2712 of the Revised Statutes of the Province of Quebec. Any officer or other

person receiving any other or greater fees or emoluments. than are specified in the tariff of the Circuit Court, for the discharge of the duties and services thereon mentioned, is liable to a penalty of eighty dollars for each offence by civil action recoverable before the Circuit Court, and payable one half to the Crown and the other half to the party prosecuting.* C. S. L. C., c. 83, s. 149; C. C. P., 29; 4950 V., c. 34, s. 96; 51-52 V., c. 41, s. 1.

5859. The following article is added after article 30:

"30a. The Lieutenant-Governor in Council may appoint one or more advocates or counsellors-at-law residing and practising their profession in any foreign country to act as commissioners and there administer oaths and receive affidavits, declarations, affirmations in any deed or document to be carried into execution or to have its civil effect in the Province of Quebec.

Every act or document made in any such country, and bearing the signature of a commissioner so appointed, makes proof before all courts and has the same effect as those mentioned in the preceeding article.

The commissioners so appointed are called " Commissioners for receiving affidavits in (state the name of the country)"; and the nomination of each of them shall be published in the Quebec Official Gazette.

The words "commissioner of the Superior Court" whenever they are used in this Code mean also a commissioner appointed under this article." 51-52 V., c. 28, s. 1.

5860. Article 31 shall read as follows:

"31. If a party establish under oath that he does not possess sufficient means to make the necessary disbursements, the court or a judge, on being satisfied by affidavit that such party has a good cause of action or a good defence, may, except for the institution of a suit to recover a penalty, grant him leave to plead in formâ pauperis, and may order all officers of justice to afford him their services without any remuneration; but such party, if he fail in the suit, is not exempt from condemnation to pay costs to the other party." C. C. P., 31; 36 V., c. 20, s. i.

5861. Article 34 shall read as follows:

"34. In matters purely personal, other than those mentioned in articles 35, 36, 38, 40 and 42, the defendant may be summoned either:

1. Before the court of his domicile;

2. Before the court of the place where the demand is served upon him; or

Tariffs of fees for advocates are made by the General Council of the Bar, under the provisions of article 3599 of the Revised Statutes of the Province of Quebec.