for the seizure a bailiff residing in the locality where it is to take place, and the sheriff or bailiff is bound to comply; and in doing so he is freed from any liability resulting from irregularities or informalities in the execution of the writ." C. C. P., 555; 33 V., c. 17, s. 1; 49-50 V., c. 34, s. 1.

$ 4.-Of Seizure of Moveables.

5917. Article 556 shall read as follows:

"556. Without prejudice to the special provisions of articles 1743 to 1748 of the Revised Statutes of the Province of Quebec respecting the protection of settlers, the debtor may select and keep from seizure;

1. The bed, bedding and bedsteads in use by him and his family;

2. The ordinary and necessary wearing apparel of himself and his family;

3. Two stoves and their pipes, one pot-hook and its accessories, one pair of andirons, one pair of tongs and one fire-shovel;

4. All the cooking utensils, knives, forks and spoons and crockery in use by the family, two tables, two cupboards or dressers, one lamp, one mirror, one washing stand with its toilet accessories, two trunks or valises, the carpets or matting covering the floors, one clock, one sofa, twelve chairs, provided that the total value of such effects does not exceed the sum of fifty dollars; the debtor having in case of seizure the right to choose the things that he may retain to the amount of the said sum;

5. All spinning wheels and weaving looms in domestic use, one axe, one saw, one gun, six traps, such fishing nets, lines and seines as are in common use, one tub, one washing machine, one wringer, two pails, three flat-irons, one blacking brush, one scrubbing brush, one broom, and fifty volumes of books, all the family portraits and all drawings or paintings executed by the debtor or the members of his family for their use;

6. One sewing machine in the hands of tailors and milliners or of any person earning his livilihood by working for others with such sewing machine;

7. Fuel and food, not more than sufficient for thirty days, and not exceeding in value twenty dollars;

8. One span of plough horses, or a yoke of oxen, one cow, two pigs, four sheep, and their fodder for thirty days, together with one plough, one barrow, one working sleigh, one tumbril, one hay cart with its wheels, and the harness necessary for farming purposes, provided that such exemption cannot be claimed by others than agriculturists or farmers who use such effects exclusively for agricultural purposes;

9. Tools and implements or other chattels ordinarily used in his trade to the value of thirty dollars;

10. Bees, to the extent of fifteen hives.

Nevertheless, the things and effects mentioned in paragraphs four, five, six, seven, eight and nine, are not exempt from seizure and sale when the suit is to recover the price of their purchase, or they have been given in pawn.' C. C. P., 556; 45 V., c. 12, s. 3; 45 V., c. 34, s. 1; 49-50, c. 15, ss. 1 and 2; 51-52 V., c. 24, ss. 1, 2 and 6.

5918. Article 558 shall read as follows:

"558. The following are also exempt from seizure: 1. Consecrated vessels and things used for religious worship;

2. Alimentary allowances granted by a court;

3. Sums of money or objects given or bequeathed upon the condition of their being exempt from seizure ;

4. Sums of money or pensions given as aliment, even though the donor or testator has not expressly declared that they should be exempt from seizure;

5. Wages and salaries not yet due ;

6. All boats or vessels, tackle, nets, seines or other fishing utensils, and all provisions belonging to any fisherman and necessary for his subsistence or his fishing operations, between the first of May and the first of November; except only for the recovery of penalties imposed by the law respecting fisheries.

Alimentary allowances and things given as aliment may however be seized and sold for alimentary debts." C. Č. P., 558; 32 V., c. 37, s. 4.

5919. Article 559 shall read as follows:

"559. The seizure of moveables and moveable property is established by an inventory made by the sheriff or his deputy, or by a bailiff authorized by him to that effect, or by the bailiff entrusted with the writ of execution." C. C. P., 559; 33 V., c. 17, s. 1.

5920. Article 560 shall read as follows:

"560. The inventory must contain:

1. Mention of the actual domicile of the creditor;

2. Mention of the writ of execution, its date, and its purport;

3. A description of the things seized, their number, weight and measure according to their nature; and, in addition, in the case of the seizure of a registered vessel, a copy of the certificate of ownership of such vessel, or of the principal contents thereof;

4. The appointment of a guardian, or the name of the depositary furnished by the debtor;

5. The signature of the guardian or depositary, and of the witnesses, in the case of article 569, or mention that they cannot sign, and the signature of the seizing officer;

6. Mention of the day on which the seizure is made, and whether it was made before or after noon.

The sheriff or officer making the seizure is bound to accept a solvent depositary offered by the debtor, and in. such case he is not answerable for the acts of the depositary, if he proves that when he accepted him, such depositary was solvent to the amount of the property entrusted to his care.

Sheriffs or bailiffs cannot take their relations or connections, to the degree of cousins-german, as guardians or depositaries of the things seized, nor can they take as such the judgment debtor nor his wife or children, on pain of being liable for all costs and damages.

Brothers, uncles or nephews of the judgment debtor may be appointed guardians, if they consent to be so.

The debtor must also, if he is present, be called upon to sign the inventory, and his refusal or inability to do so, or his absence must be stated." C. C. P., 560; C. S. C., c. 41, s. 13; 35 V., c. 6, s. 15.

5921. Article 569 shall read as follows:

❝569. If the debtor is absent, or if there is no person. to open the doors, cupboards, trunks, or other closed places, or if he refuses to open them, the seizing officer must draw up a minute of the fact, and thereupon the judge, or in his absence the prothonotary, may order the opening to be effected by all ordinary means, in the presence of two witnesses and with such force as may be required, without prejudice to coercive imprisonment in case of refusal, violence or other physical impediment." C. C. P., 569; 34 V., c. 4, s. 6.

5922. Article 570 shall read as follows:

570. If the debtor has no domicile in the Province, or has ceased to reside within the district in which the judgment was rendered, the triplicate of the inventory of seizure is left for him at the office of the prothonotary of the court. C. C. P., 570; 35 V., c. 6, s. 16.

5923. Article 571 shall read as follows:

571. Immediate notice must be given to the debtor, and to the guardian or depositary, of the place and time at which the moveables will be offered for sale.

If the debtor has no domicile in the Province, or has ceased to reside within the district in which the judgment was rendered, the notice may be left for him at the office of the prothonotary of the court." C. C. P., 571; 35 V., c. 6, s. 17.

5924. Article 573 shall read as follows:

573. Inthe cities of Quebec, Montreal and Three Ri

vers and in the town of Sorel, the sale of moveables seized is advertised only by a notice, stating summarily the names of the parties, the nature of the effects and the time and place of the sale, inserted in French in a newspaper published in that language, and in English in a newspaper published in the English language; and if there should be but one paper published in the place, or if all the papers are published in but one of such languages, then the notice must be inserted in both languages in one paper; and a duplicate of such notice must be posted in the sheriff's office from the time of such advertisement in a newspaper until the day of the sale, which cannot take place until after the expiration of eight days from the day of such publication.

No more than two dollars is allowed for the cost of such advertisement." C. C. P., 573; 48 V., c. 20, s. 9.

5925. The following article is added after article 588 : 588a. Article 664 applies also to seizures of moveables under execution." 34 V., c. 4, s. 8.

5926. Article 601 shall read as follows:

601. The moneys seized or levied, after deducting the duties thereon and taxed costs, may be paid by the sheriff or bailiff, four days after the sale, to the seizing creditor, if no opposition for payment has been placed in his hands; otherwise, he must return them into court, to await such judgment as to right shall appertain." C. C. P., C. C. P., 601; 48 V., c. 20, s. 10.

$5. Of the Payment and Distribution of the Moneys Levied.

5927. Article 603 shall read as follows:

“603. When the moneys are returned into court, as well as in other cases where moneys of which an account has been rendered into court, or moneys other than the proceeds of immoveables are to be distributed, and insolvency of the debtor is alleged, the distribution of the moneys cannot take place until his creditors generally have been called in.

The creditors are called in upon the order of the court or of a judge published twice in the French and English languages in the Quebec Official Gazette, requiring them to file their claims within fifteen days from the date of the first insertion." C. C. P., 603; 31 V., c. 13, s. 4.

5928. Article 606 shall read as follows:

"606. The following order is observed as regards the collocation of judicial costs :

1. Costs of seizure and of sale

2. The duty payable upon moneys levied or paid into court;

3. The fees of the officer receiving moneys levied or paid in;

4. The fees upon the report of distribution;

5. The fees of the advocate prosecuting the distribution ; 6. Costs, subsequent to judgment, incurred in order to effect the seizure and sale and according to the priority of date or privilege when there are several seizing creditors; The costs of a prior seizing party have a preference over those of a subsequent one.

Nevertheless, if two or more writs of execution issue upon judgments rendered on the same day against the same debtor, the costs thereon are paid concurrently.

7. Costs of affixing seals, or inventories, when ordered by the court.

8. The plaintiff is next paid his costs of suit. C. C. P., 606; 33 V., c. 17, s. 2; 49-50 V., c. 34, s. 1.

$6-Of Seizure by Garnishment.

5929. Article 617 shall read as follows:

"617. The garnishee is bound to make his declaration in the office of the prothonotary of the court which issued the writ, before such prothonotary, who is authorized to administer to him the necessary oath.

Nevertheless, if the garnishee resides in another district than the one in which the writ of seizure by garnishment had issued, he may, on or before the day fixed for the return of the writ, make his declaration before the judge or the prothonotary of the district where he resides, and such prothonotary is bound to transmit the same to the court where the suit is pending.

When a seizure by garnishment is made in the hands of a corporation, the declaration is made by an attorney or by any other person authorized in the manner prescribed in article 224 for answering interrogatories upon articulated facts.

Nevertheless as to the corporation of the city of Montreal, the treasurer of the city may make such declaration." C. C. P., 617; 35 V., c. 32, s. 21; 49-50 V., c. 14, s. 2.

5930. Article 624 shall read as follows:

"624. Garnishees who do not make their declaration in the manner hereinabove prescribed are condemnel, as personal debtors of the seizing party, to the payment of

his claim.

They may, however, obtain leave to make their declaration at any time, even after judgment, upon payment of all costs incurred by their default." C. C. P., 624; 49-50 V., c. 16, s. 1.