seller may proceed in the manner hereinafter provided to recover the land so sold, and re-enter into possession of the same. 33 V., c. 16, ss. 1 and 13.

"911b. A notice must be served upon the buyer stating that, at a time and place therein mentioned, the seller will apply to a judge of the Superior Court to recover the land, or, if the buyer cannot be found within the district, he may be ordered to appear in the manner prescribed by article 68.

The notice must likewise be served upon any person then in actual possession of the land. 33 V., c. 16, s. 2.

"911c. The delay between the service of the notice and the day on which the application is to be made is that prescribed for ordinary cases by article 75, or that given by the said article 68, as the case may require. 33 V., c. 16, s. 3.

"911d. After notice has been so given, and at the time and place mentioned in the notice, the seller may, by a petition setting forth the facts of the case and supported by affidavit, and production of the written evidence of sale if in his hands, apply to a judge of the Superior Court to have the deed of sale declared void, and to be put in possession of the land. 33 V., c. 16, s. 4.

"911e. No contestation of the petition is allowed except by counter-affidavits produced within three days after the presenting of the petition. 33 V., c. 16, s. 5.

911f. After the delay of three days, the judge may, in his discretion, either reject the petition or render a judgment declaring the deed of sale void, and ordering the cancelling of the registration thereof, and authorizing the petitioner to take possession of the land.

In the event of the judgment rejecting the petition, it does not prejudice the seller in any rights he may have of bringing an action in the ordinary manner. 33 V., c. 16, s. 6.

"911g. No such judgment is rendered, if the buyer or any person for him or holding under him pays either to the seller or into the office of the prothonotary of the Superior Court the instalments of purchase money or interest due in virtue of the deed of sale, or fulfills the obligations entered into therein, by the failure to fulfill which the seller had become entitled to demand the dissolution of the sale. 33 V., c. 16, s. 7.

"911h. If the seller is prevented by any person from taking possession of the land, in virtue of the judgment, he may demand and obtain from the prothono

tary of the Superior Court a writ of possession to eject such person and to place the seller in possession; and article 550 applies to such writ. 33 V., c. 16, s. 8.

911i. The buyer may obtain a review of the judgment, and articles 495 to 504, inclusively, apply to such review." 33 V., c. 16, s. 9.

"911j. All documents forming part of the proceedings under this chapter form part of the records of the Superior Court. 33 V., c. 16, s. 10.

"911. Articles 2148, 2152, 2153 and 2154 of the Civil Code apply to the registration of any judgment rendered under this chapter, and to the cancelling of the registration of any deed declared void by such judgment, but article 2154 does not apply if under article 9116, the buyer has been notified in the manner prescribed by article 68. 33 V., c. 16, s. 11.

"9117. The costs in proceedings taken under this chapter are the same as those allowed by the tariff in cases of over one hundred dollars but under two hundred dollars; the fees of the advocates shall, if there is no contestation, be the same as those allowed by the said tariff, where the case is settled after inscription upon the roll for the adduction of evidence, but before the closing of the evidence, and, if there is contestation, the same as those allowed where the case is settled after the filing of a plea to the merits, but before inscription on the roll for the adduction of evidence." 34 V., c. 7, s. 14; 49-50 V., c. 34 s. 1.

4. Of the Partition of Township Lands held in common.

5979. Article 914 shall read as follows:

"914. Upon proof of the petitioner's right of property, the court may order that his co-tenants shall appear on a certain day in term, but not before the expiration of one year from the date of such order, to answer such demand in partition; that such order shall be posted up in some frequented place in the township in which such lands are situated, or if there is no such frequented place, then in some frequented place in the next adjoining township, six months at least before the day fixed for the appearance of the parties interested; and that such order be published in the Quebec Official Gazette once a week during the said period of six months before the day fixed for the appearance." C. C. P., 914; 31 V., c. 13, s. 4.

$5.-Of Compulsory Partition and Licitation.

5980. Article 929 shall read as follows:

“929. When the court has ordered a licitation, the

plaintiff must cause an advertisement to be published three times in the space of two months in the Quebec Official Gazette, in the French and English languages, stating that the immoveables therein designated will be put up to auction and adjudged to the highest and last bidder, at the sitting of the Superior Court next after the expiration of two months from the first insertion of such notice, subject to the conditions mentioned in the list of charges, and giving notice that all oppositions to the sale must be filed at least fifteen days before the day fixed for the sale, and that all oppositions for payment must be filed within six days after the adjudication on pain of being foreclosed." Č. C. P., 929; 31 V., c. 13, s. 4; 43-44 V., c. 26, s. 2.

5981. Article 933 shall read as follows:

"933. If any oppositions to secure charges, to withdraw, or to annul, or any other proceeding incidental to the licitation, cannot be decided before the day fixed for the sale, the licitation is suspended, and, when rendering judgment upon such opposition or proceeding, the court may, if necessary, fix another day upon which the sale may be proceeded with after the parties have caused another notice, in the same form as the first in so far as it can apply, to be published in the Quebec Official Gazette, at least three weeks before the day thus fixed." C. C. P., 933; 31 V., c. 13, s. 4.

§ 6-Of Discharge of Hypothecs or Confirmation of Title. 5982. Article 951 shall read as follows:

“951. The notice must be in French and English, and be inserted three times in the course of two months in the Quebec Official Gazette." C. C. P., 951; 31 V., c. 13, s. 4; 43-44 V., c. 26, s. 3.

5983. Article 952 shall read as follows:

"952. The notice must be publicly and audibly read, on the third or fourth Sunday before the day on which the application is to be presented, at the door of the church of the parish or place where the immoveable is situated, or, if there is no church, at the most frequented place in the locality, and must be posted up at the place where such publication is made." C. C. P., 952; 35 V., c. 6, s. 19.

5984. Article 954 shall read as follows:

'954. Upon the day mentioned in the notice, the applicant is bound to present his application for confirmation to the court, together with certificates of the publication and posting up required, and copies of the Quebec Official Gazette containing the advertisement." C. C. P., 954; 31 V., c. 13, s. 4.

5985. Article 959 shall read as follows:

"959. During the two months prescribed for the publication of the notice of an application for confirmation of title, any creditor of the vendor or assignor or of his authors, may appear at the prothonotary's office and bid an increase over the sum, price, or other consideration or value, if any mentioned in the title, and have his bid received, provided the increase be equal to at least onetenth of the whole price, sum or other consideration, and the bidder offers, besides, to refund to the applicant all his costs and lawful disbursements, giving him security to that effect in the ordinary manner, or depositing for that purpose a sufficient sum according to the discretion of the court or judge, reserving the subsequent completion of the precise amount." C. C. P., 959; 43-44 V., c. 26, s. 4.

5986. Article 963 shall read as follows:

"963. If the applicant desires to discharge the property from hypothecs, he must deposit in the hands of the prothonotary, together with the certificate of hypothecs, the price mentioned in the title deed, or the amount which such price has reached by the outbidding.

When, however, he has an hypothecary claim against the property, which appears by the certificate of the registrar, he may retain the purchase money, to the extent of his claim, until judgment has been rendered, provided he furnishes the prothonotary with good and sufficient sureties for all damages that might result to any party interested, in the event of the non-payment of such sum as the court may order such applicant to pay into the hands of the prothonotary; and, upon such security being given, the case is dealt with as if the amount so retained had been deposited.

If it appears by the certificate of the registrar that there are no hypothecs, and if there are no oppositions or claims, or if the amount deposited is sufficient to pay all the charges which appear, then judgment of confirmation is pronounced purely and simply." C. C. P., 963; 35 V.,

c. 6. s. 20.

$7.-Of Separation of Property.

5987. Article 974 shall read as follows:

"974. The formalities required for summons in ordinary cases must be strictly observed in such suits; and the consort summoned has no power to dispense with the same, either directly or indirectly, even as regards the delay upon the summons.

Notice of such suit must be given and published during one month in the Quebec Official Gazette, and in two newspapers at, or as near as possible to, the place where

the defendant resides, one of which is published in the French and the other in the English language.

No proceedings can be had in such suit until after the publication of such notice." C. C. P., 974; 31 V., c. 13, s. 4.

$8.-Of Proceedings affecting Corporations or Public Offices.

5988. Article 997 shall read as follows:

“997. In the following cases:

1. Whenever any association or number of persons acts as a corporation without being legally incorporated or recognized;

2. Whevever any corporation, public body or board, violates any of the provisions of the acts by which it is governed, or becomes liable to a forfeiture of its rights, or does or omits acts the doing or omission of which amounts to a surrender of its corporate rights, privileges and franchises, or exercises any power, franchise or privilege which does not belong to it or is not conferred upon it by law;

It is the duty of the Attorney General to prosecute, in Her Majesty's name, such violations of the law whenever he has good reason to believe that such facts can be established by proof in every case of public general interest; but in any other case he is not bound to do so unless sufficient security is given to indemnify the Government against all costs to be incurred upon such proceeding; and in such case the special information must mention the names of the person who has solicited the Attorney General to take such legal proceedings and of the person who has become security for costs. C. C. P., 997; 41 V., c. 13, s. 1; 50 V. c. 7, s. 1.

5989. Article 998 shall read as follows:

"998. The summons for that purpose must be preceded by the presenting to the Superior Court, or to a judge, of a special information containing conclusions adapted to the nature of the contravention, and supported by an affidavit to the satisfaction of the court or judge, and the writ of summons cannot issue upon such information without the authorization of the court or judge.

The writ, as well as the writs of quo warranto, mandamus, and prohibition, must be in the same form as ordinary writs of summons." 35 V., c. 6, s. 21.

9.-Of Mandamus.

5990. Article 1023 shall read as follows;

"1023. The application is made by a petition supported with an affidavit, affirining that the facts set forth in the said petition are true, and presented to the court