to pay a stenographer, require that the evidence in the case be taken by means of stenography. In such case, the stenographer is named by the prothonotary, unless the parties mutually agree upon one, and the stenographer is sworn before the court, judge, or prothonotary. At the conclusion of each testimony, he reads over the same to the witness, and such testimony, when afterwards transcribed in ordinary writing, forms the record of the evidence in the cause. 2. The evidence taken by means of stenography is a sufficient fulfilment of the last part of article 263 and of article 264; and the sufficiency of the deposit required to pay a stenographer is determined by the court, judge or prothonotary. 3. In any case, the parties may, by consent, employ the services of a stenographer, and cause him to be sworn; and the evidence is taken in the manner mentioned in the preceding paragraphs of this article. 4. The expenses of employing a stenographer form part of the taxed costs of the case." 35 V., c. 6, ss. 10, 11 and 12. $7.--Of Referees. 5889. The following articles are added after article 343: "343a. Except in actions to annul a marriage, in separation of property or from bed and board, to obtain the dissolution of a corporation or the anulling of letters patent, or in which the parties are minors or legally incapable, and in all cases of public interest, the court may, on the written demand of the parties and of their advocates, refer all or any of the issues, either of fact or of law, to the decision of any one or more practising advocates appointed according to the manner determined by the consent. 48 V., c. 20, s. 6; 49-50 V., c. 34, s. 1. "3436. The referees appointed who do not accept the office are replaced by others, and the majority forms a quorum. 45 V., c. 20, s. 6. "343c. Before proceeding, they must be sworn, to well and faithfully perform their duties, either before the judge, the prothonotary or a commissioner of the Superior Court. 48 V., c. 20, s. 6. 343d. The trial before such referees is conducted as in cases without a jury before the court; and the referees for such purpose have all the powers of such court or judge. The referees have power to appoint a clerk to assist them. 48 V., c. 20, s. 6. 343e. All the proceedings in the case are filed in the office of the prothonotary of the court of the district in which they are had. In case they are had in a district other than that in which the case was brought, the record, upon the order of the referees, is transmitted in the manner prescribed by articles 241 and 242. 48 V., c. 20, s. 6. "343f. The report of the referees must be in writing and be filed, within sixty days after the final hearing, in the office of the prothonotary of the court of the place in which the case was pending at the time of the appointment of the referees. In default of which, either party may cause a notice to be served upon the advocate of the adverse party and upon the referees that he intends to end the reference. Upon the filing of such notice in the office of the prothonotary, the case is continued as if it had not been referred. However, the proceedings had and proof adduced before the referees form part of the record as if they had been had and taken before the court. The court may also, upon demand of either of the parties, cancel the appointment of the referees, if they do not proceed with diligence to the hearing of the case. 48 V., c. 20, s. 6; 49-50 V., c. 34, s. 1. "343g. On the statement of facts and propositions of law which may be submitted by the parties to the referees, it is the duty of the latter to decide what are pertinent to the issue and to note in the report their findings on each. The omission to note the same does not however invalidate the report. 48 V., c. 20, s. 6. "343h. The referees shall further set out in their report the text of the judgment to be drawn up. 48 V., c. 20, s. 6. 343. On the application to homologate the report, the court or judge may examine into the grounds of any nullity which may affect the report, but cannot inquire into the merits of the contestation. If no ground of nullity be found in the report, the court or judge orders that the judgment be recorded by the prothonotary in accordance with the report. 48 V., c. 20, s. 6. 343). If the reference is had before three or more referees and their report is unanimous, the judgment based thereon is not subject to review by three judges; but an appeal may be brought directly to the Court of Queen's Bench. 48 V., c. 20, s. 6. "343k. In appeal, the court must inquire into the me rits of the contestation as well as the grounds of nullity of the referees' report." 48 V., c. 20, s. 6. § 8.-Of Trial by Jury. 5890. Article 358 shall read as follows: 358. The qualification required for such jurors is that they must be males, be entered upon the valuation roll as proprietors of real property of the value of over three thousand dollars or as tenants or occupants of real property of the annual value of over three hundred dollars, in cities or towns of at least twenty thousand souls or in the banlieue thereof; or as proprietors of real property of the total value of over one thousand dollars, or as tenants or occupants of real property of the annual value of over one hundred dollars, within the limits of any municipality in the counties of Gaspé and Bonaventure; or as proprietors of real property of the total value of over two thousand dollars, or as tenants or occupants of real property of the annual value of over one hundred and fifty dollars within the limits of any municipality in the other parts of the Province; and have their domicile in such cities, towns, or municipalities. Any justice of the peace may be juror." C. C. P., 46 V., c. 16, s. 1; 47 V., c. 11, s. 1. 5891. Article 359 shall read as follows: "359. Persons cannot be jurors: 358; 1. Who have not the qualifications and conditions required by the two preceding articles; 2. Who are below the age of twenty-one years; 3. Who are afflicted with blindness, deafness or any other physical or mental infirmity incompatible with the discharge of the duties of a juror; 4. Who are arrested or under bail upon a charge of treason or felony, or who have been convicted thereof; 5. Who are aliens." C. C. P., 359; 46 V., c. 16, s. 3. 5892. Article 360 shall read as follows: "360. The following persons are exempt from serving as jurors: 1. Members of the clergy; 2. Members of the Privy Council, of the Senate or of the House of Commons of Canada, and persons in the employ of the Government of Canada; 3. Members of the Executive Council, Legislative Council or Legislative Assembly of Quebec, and persons in the employ of the Government or of the Legislature of this Province; 4. Judges of the Supreme Court, of the Court of Queen's Bench, and of the Superior Court, Judges of the Sessions, District Magistrates and Recorders; 7. Practising advocates and notaries; 8. Practising physicians, surgeons, dentists and druggists; 9. Professors in universities, colleges, high schools, or normal schools, and teachers; 10. Cashiers, tellers, clerks and accountants of incorporated banks; 11. Clerks, treasurers and other municipal officers of the cities of Quebec and Montreal; 12. Officers of the army and navy in active service ; 13. Officers, non-commissioned officers and privates of the active militia; 14. Pilots duly licensed; 15. Masters and crews of steamboats and masters of schooners, during the season of navigation; 16. All persons employed in the running of railway trains; 17. All persons employed in the working of grist mills; 18. Firemen ; 19. Persons above sixty years of age; 20. The members of the Council and of the Board of Arbitration of the Montreal Board of Trade." C. C. P., 360; 46 V., c. 16, s. 4; 46 V., c. 34, s. 23. 5893. Article 361 shall read as follows: 361. Immediately after receipt of the notice given by the sheriff that he has completed the revision of the grand jury lists, the prothonotary is bound without delay to correct the copy in his possession so as to make it conform to the jury lists so revised; and such corrections are, certified by the sheriff. The list of jurors for civil cases is revised by the prothonotary according to the list of grand jurors for criminal cases so revised, by striking out the names of deceased, absent or disqualified persons, and adding the names of new persons qualified to serve as jurors. The prothonotary is also bound, from time to time, to strike out, from his copy, the names of all those whom the sheriff, in any pending case, returns as dead, absent or disqualified, or who are declared by the court to be so." C. C. P., 361; 46 V., c. 16, s. 25. 5894. Article 376 shall read as follows: "376. On the day fixed for the trial, the persons summoned as jurors must appear at the appointed hour, at the place where the court is held, under a penalty of a fine not exceeding twenty-five dollars, which may be immediately imposed by the court, and is levied by the sheriff on the goods and chattels of the person so fined; and in default of sufficient goods and chattels, such person may be imprisoned for a period not exceeding fifteen days. The court may, however, for good cause shown, reduce or entirely remit such penalty or imprisonment." 51-52 V., c. 23, s. 1. 5895. The following article is added after article 399: “399a. Either of the parties may, by a demand in writing, accompanied by a deposit of a sum of money deemed sufficient by the judge or the prothonotary to pay a stenographer, require the evidence to be taken by means of stenography. In such case the stenographer is named by the prothonotary unless the parties mutually agree upon one, and the stenographer is sworn before the court, and he shall, at the conclusion of each testimony, read over the same to the witness. Such testimony shall, when afterwards transcribed in ordinary writing, form the record of the evidence in the cause. The requirements of articles 397 and 398 may be fulfilled through the intervention of the stenographer. The expenses of employing a stenographer form part of the taxed costs of the case.' 35 V., c. 6, ss. 10 and 12. 5586. Article 423 shall read as follows: "423. Motions for new trial or for judgment non obstante veredicto must be made before the Superior Court, sitting in review, on or before the second day of the next term of such court in review following the tenth day after the rendering of the verdict, and cannot be received after." 35 V., c. 6, s. 13. $9.-Miscellaneous. 5897. Article 461 shall read as follows: "461. When any writ or paper whatever requires to be served out of the district, the service may, in the absence of any provision to the contrary, be made either by the sheriff or a bailiff of the district in which the court is held, or by the sheriff or bailiff of the district in which such service is to be made; but no more costs can be allowed in the former case than in the latter. This provision applies also to executions against moveable property and to attachments before or after judgment." C. C. P., 461; 33 V., c. 17, s. 1. 5898. Article 463 shall read as follows "463. In reckoning the delays in matters of pleading or trial, the first day of September is deemed to be the |