next day after the thirtieth day of June; and no party to a cause can be obliged to proceed between those two days, without a special order of the court or judge.

Any days between the thirtieth day of June and the first day of September shall, however, be reckoned in the delay of eight days fixed by articles 497 and 500." C. C. P., 463; 34 V., c. 4, s. 4; 47 V., c. 8, s. 3.

5899. Article 464 shall read as follows:

“464. Two or more judges of the Superior Court, discharging their duties in the same district, may, and must, whenever the despatch of business requires it, sit at the same time and at the same place, in separate apartments, in or out of term; and each of such judges has jurisdiction for hearing and determining all cases and matters submitted to him, and has the same powers as if he were the only judge sitting in such place." 40 V., c. 13, s. 2.

5900. Article 465 shall read as follows:

of

“465. In the absence of the judge from the chef-lieu any district, whenever no judge has his domicile in the chef-lieu, or in the absence of the judge from the district, or when he is sick, when he has his domicile in the cheflieu, the prothonotary, in vacation, may perform his duties, in cases of evident necessity, or where by delay a right might otherwise be lost or wrong sustained.

No judgment or order can be given by the prothonotary unless notice of the application has been given to the opposite party, except in cases by default, and such order may be afterwards revised by the court at its next sitting, or by any judge present in the district, provided the party requiring the revision files in the prothonotary's office, within the three following juridical days, an exception thereto, accompanied by the grounds upon which such revision is demanded.

The judgment or order of the prothonotary cannot be executed until the delay for filing such exception has expired; and after the filing of the exception, the execution of such judgment or order remains suspended until the decision of the judge." C. C. P., 465; 36 V., c. 10, s. 7 ; 40 V., c. 13, s. 5.

5901. The following article is added after article 467 :

"467a. In cases of capias, attachment before judgment, attachment for rent, conservatory attachment, and in all cases of urgency, the writ may be issued outside office hours without having judicial stamps thereon, provided that the amount of such stamps be deposited with the officer issuing the writ, who is bound to affix the stamps upon the fiat as soon as possible." 48 V., c. 20, s. 7.

$10.-Of Final Judgment.

5902. The following article is added after article 469 :

"469a. At any time, when a judge who has heard a case is incapable, on account of illness, absence or other cause, of rendering judgment in person, he may transmit the draft of the judgment, certified by him, to the prothonotary, with instructions to record such judgment and to read it or to give communication of it on demand to the parties or to their advocates, on the day previously fixed for that purpose by the court which has taken the cause under advisement.

The prothonotary, on receiving the draft of judgment and the instructions accompanying it, is obliged to conform to such instructions; and the judgment so recorded has the same effect as if it had been rendered by the judge, during the sitting of the court." 32 V., c. 20, s. 1; 38 V., c. 10, ss. 1 and 2; 49-50 V., 34, s. 1.

5903. Article 470 shall read as follows:

'470. In cases inscribed at the same time for proof and hearing, judgment may be rendered during the term and upon the days set apart in vacation for proof and hearing in such cases, and also upon any day out of term appointed by the court, for rendering judgment in cases taken under advisement." C. C. P., 470; 32 V., c. 20, s. 2.

5904. The following article is added after article 478.

"478a. Costs bear interest from the date of the judg ment granting them." 49-50 V., c. 34, s. 95.

SECTION IV.

AMENDMENTS TO TITLE SECOND OF BOOK FIRST OF THE SECOND PART.

OF REMEDIES AGAINST JUDGMENTS.

$1.-Of the Revision of Judgments by Default.

5905. The following article is added after article 483:

483a. Every party condemned by default to appear or to plead, may proceed against the judgment, whether rendered in term or in vacation, by opposition according to articles 484 and following of this Code; but no such opposition is allowed, unless the party condemned produces an affidavit that such party has a good defence to the action, which defence must be set out in the opposition, and unless such party has been prevented from filing his defence by surprise, fraud, or for other causes, considered just and sufficient by the judge." 46 V.,c. 26, s. 4.

§ 2. Of Review before three judges.

5906. Article 494 shall read as follows:

494. A review may be had :

1. Upon every final judgment from which an appeal lies, excepting the case of article 343j, mentioned in article 5889 of the Revised Statutes of Quebec;

2. Upon every judgment or order rendered by a judge in summary matters under the provisions contained in the third part of this Code;

3. Upon any judgment rendered on any petition or motion to set aside or quash an attachment before judgment or capias ad respondendum;

4. From all judgments in matters concerning municipal corporations and municipal offices, on proceedings taken in virtue of chapter ten of title second of book second of the second part of this Code." 34 V., c. 4, s. 5 ; 48 V., c. 21, s. 1.

5907. Article 495 shall read as follows:

“495. The review takes place before three judges of the Superior Court, and the judge who has rendered the judgment complained of cannot be one of them." 36 V., c. 10, s. 8.

5908. Article 497 shall read as follows:

"497. The review cannot be obtained, until the party demanding it has deposited, in the office of the prothono tary of the court which rendered the judgment, and within eight days from the date of such judgment, a sum of twenty dollars, if the amount of the suit does not exceed four hundred dollars, or of forty dollars if the amount of the suit exceeds four hundred dollars, or if the review is taken in virtue of paragraph 4 of article 494, or if it is a real action, together with an additional sum of three dollars. for making up and transmitting the record, when the judgment has been rendered elsewhere than in the cities of Quebec and Montreal.

The amount thus deposited is intended to pay the costs of the review incurred by the opposite party, if the court should grant them; if not, it is returned to the party by whom it was deposited." 48 V., c. 21, s. 2.

5909. Article 500 shall read as follows:

"500. The inscription need not be for any particular day, but the case must be heard, in its order, on the day in the sittings in review next after the expiration of a delay of eight days from the day on which the notice of inscription was filed in the office of the prothonotary of the court in which the judgment was rendered.

In the district of Quebec, the last four days of each

month, are fixed for the sitting of the Superior Court in review.

In the district of Montreal, the court may appoint special days for such review." C. C. P., 500; 47 V., c. 8, s. 2. 5910. The following article is added after article 500:

"500a. Cases instituted in virtue of paragraph 4 of article 494 have precedence over all other cases." 48 V., c. 21, s. 3.

§3.-Of Oppositions by third parties.

5911. Article 511 shall read as follows;

511. This opposition is formed by means of a petition to the court which must contain an election of domicile on pain of nullity, the grounds of opposition, and proper conclusions, and must be served upon the parties in the cause, or upon the advocates who represented them, if it is made within a year and a day after the judgment.

The opposition must, morever, on pain of nullity, be accompanied with an affidavit of the opposant, or of some other credible person, that the allegations contained in such opposition are, to the best of his knowledge, true.' C. C. P., 511; 35 V., c. 6, s. 14; 49-50 V., c. 34, s. 1.

SECTION V.

AMENDMENTS TO TITLE THIRD OF BOOK FIRST OF THE SECOND PART.

OF EXECUTION OF JUDGMENTS.

§ 1.-Of Tender and Payment into Court.

5912. Article 542 shall read as follows:

"542. A debtor who has made a tender and is afterwards sued, may renew it by his pleadings and pay the amount into court.

If, however, under the provisions of the law, the debtor has deposited the sum in the general deposit office of the Province, the production of the receipt for such deposit avails in lieu of the renewal of the tender in the pleadings." C. C. P., 542; 35 V., c. 5, ss. 8, 9 and 10; 49-50 V., c. 101, ss. 38, 39 and 40.

§ 2.-Of Compulsory Execution of Judgments.

5913. Article 545 shall be read as follows:

"545. The judgments of a court can only be put into execution by means of a writ issuing in the name of the Sovereign and addressed to the sheriff or a bailiff of the district in which the writ is issued, who may execute it in

such district or in any other district, or addressed to the sheriff or a bailiff of the district in which it is to be executed.

The writ is attested and signed in the same manner as original writs, it must bear the seal of the court and must mention the date of the judgment to be executed and fix the day on which it is returnable." C. C. P., 545; 33 V., c. 17, s. 1.

5914. The following article is added after article 548:

"548a. Whenever in any suit, a writ of execution has issued, and by reason thereof a demand of payment has been made upon the defendant, no other demand of pay ment need be made in such suit previous to the further execution of any other such writ, whether in the same or in any other district." 35 V., c. 6, s. 26.

§3.-Of Execution in Personal Actions.

5915. Article 553 shall read as follows:

"553. Saving the provisions of articles 1743 to 1748 of the Revised Statutes of the Province of Quebec, respecting the protection of settlers, a creditor may cause to be seized in execution the moveable or immoveable property of his debtor, in the possession of such debtor, or moveables of his in the possession either of such creditor himself, or of third persons, if the latter do not object; if they do, the creditor must adopt a seizure by garnishinent." C. C. P., 553; 45 V., c. 12, s. 1.

5916. Article 555 shall read as follows:

"555. Seizure of moveables in execution takes place under a writ addressed to the sheriff or a bailiff of the district in which the writ issues, who may execute it in such district or in any other district or addressed to the sheriff, or bailiff of the place where the debtor's moveable property is situated, ordering him to levy the amount of the debt, interest if any is due, and the costs, both of the suit and of the execution, and such writ is made returnable on a day certain or sooner if possible.

If there be no moveable property to seize, the writ may be addressed either to the sheriff or a bailiff of the district in which judgment was rendered or to the sheriff or a bailiff of the district in which the debtor has his domicile.

If the creditor has received any part of his judgment claim, he is bound to make mention of it on the back of the writ of execution.

When the moveable property to be seized is at a distance of more than nine miles from the place where the writ issues, the party suing out the writ, or his advocate, may, by a written notice, require the sheriff or bailiff to employ