or judge, who may thereupon order a writ of mandamus to issue. Such writ is served in the same manner as any other writ of summons." 35 V., c. 6, s. 22. § 10-Of Injunctions. 5991. The following section is added after section fifth of chapter tenth of title second of book second of the second part. "" SECTION V (A). OF INJUNCTIONS. "1033a. The Superior Court, in term, or any judge thereof, in vacation or during term, may grant a writ of injunction, ordering the suspension of any act, proceeding, operation, work of construction or demolition, according to the circumstances, in any of the cases following: 1. Whenever any corporation, unlawfully and without having fulfilled the formalities set forth and prescribed by law or by its act of incorporation, takes possession, or on its own behalf causes possession to be taken, of any land the property of other persons, or makes or causes to be made on any land the property of other persons, excavations or works of demolition or construction; or whenever such corporation acts or takes any proceeding, beyond its powers, or without having fulfilled the formalities prescribed by law, or by its act of incorporation; 2. Whenever any person, who has not acquired the possession of one year, and who has no valid title to the property, causes work to be carried on upon any land whereof another is proprietor through a valid title, and of which he is in legal possession; 3. Whenever any person does anything in breach of any written contract or written agreement; 4. To prevent the transfer of shares in any corporation or company, when such shares belong to minors, interdicted persons, married women not separated as to property or unauthorized, or persons legally incapacitated, or when the ownership of such shares is in dispute, until the Superior Court or a judge thereof has adjudicated on the right of property in such shares or stock, or has granted permission of the transfer of such shares; 5. To prevent one or more members of a commercial partnership, either during the existence of the partnership of after its dissolution, from doing acts inconsistent with the terms of the partnership agreement or with the duties of a partner. This provision applies to persons being or holding themselves out as being representatives of a deceased partner; 6. To prevent any person or corporation from trespass ing on the property of the Crown, or from destroying, cutting, or removing any property belonging to the Crown or in which the Crown has any right or interest. c. 14, s. 1. 41 V., "10336. The application for the writ of injunction is made by petition, supported by one or more affidavits setting forth the facts of the case, and accompanied by such documentary evidence as may be necessary to establish the petitioner's right to the satisfaction of the court or of the judge, and the proceedings thereon are had in conformity with articles 998 to 1006, inclusively, and with article 1023. 41 V., c. 14, s. 2. "1033c. Except in cases of urgent necessity, the court or judge may, in his or its discretion, order that notice of the presentation of such petition be served upon the adverse party, in the time and manner the said court or judge sees fit to order. 41 V., c. 14, s. 3. 1033d. Nevertheless the writ of injunction cannot issue, unless the person applying therefor first gives good and sufficient security in the manner prescribed by and to the satisfaction of the court or judge in the sum of six hundred dollars, or any other higher sum fixed by the said court or judge, for the costs and damages, which the defendant, or the person against whom the writ of injunction is directed, may suffer by reason of the issue thereof. Upon the return of the writ, the court or judge may order that such security be increased to such amount as may be deemed expedient. 41 V., c. 14, s. 4. "1033e. The writ of injunction enjoins the adverse party to appear before the court or judge to answer the petition, and to suspend all acts, proceedings, operations or works respecting the matters in dispute under pain of all legal penalties. 41 V., c. 14, s. 5. 1033f. The writ of injunction is served in the same manner as any other writ of summons; but, if found necessary, the court or judge may prescribe any other mode of service. 41 V., c. 14, s. 6. "1033g. Proceedings commenced before the court in term may be continued before a judge in vacation or even during term, and, in like manner, proceedings commenced before a judge in vacation may be continued before the court in term or before a judge in chambers, even during term. In any proceeding commenced under this section, any judge of the Superior Court has, at every stage of such proceeding, the same power to act therein as the judge before whom such proceeding was commenced. 41 V., c. 14, s. 7. "1033h. An injunction may, in any of the cases mentioned in article 1033a, be granted incidentally upon petition, without the formality of a writ, in a cause pending, before the Superior Court, either by the court or by a judge in chambers, even during term, upon security being given as herein before provided for; and the procedure is to be thereafter conducted to judgment on the incidental proceeding in the same manner as on a writ of injunction. 41 V., c. 14, s. 8 § 1. "1033i. In any proceeding instituted under, this section, any additional injunction that may be deemed necessary by the court or judge may, upon petition, after due notice, be granted by an interlocutory order, for such length of time and upon such conditions, as to security or otherwise, as the court or judge may deem reasonable. Such additional injunction, as well as the injunctions contained in the original writ, may, from time to time, be suspended for such period and upon such conditions, as to security or otherwise, as the court or judge may deem reasonable, and may afterwards, from time to time, be renewed upon such conditions, as to security and otherwise, as the court or judge may deem right. 41 V., c. 14, s. 8 $2. " 1033). Any judgment, rendered by a judge out of court, is subject to review and appeal in the same manner and with the same effect as if rendered by the court in term. 41 V., c. 14, s. 9. "1033k. Any final judgment, taken into review or appeal, and any interlocutory or provisional order from which an appeal has been allowed by the Court of Queen's Bench, shall be executed and in force, provisionally, nothwithstanding and without prejudice to such appeal or review; but the Superior Court, in review, or the Court of Appeals, as the case may be, may, in its discretion, provisionally suspend the injunction. 41 V., c. 14, s. 10. “10337. The judgment, if in favor of the petitioner, pronounces the injunctions required, and adjudicates as to costs; it must be served upon the adverse party. 41 V., c. 14, s. 11. "1033m. If a party, against whom the injunction is directed, violates or refuses to obey the injunctions laid upon him, either by the writ or by any interlocutory or final judgment, the court or judge may cause to be destroyed whatever may have been done in contravention to the injunction, if it be practicable. The court or judge may also punish the party contravening, by an imprisonment not exceeding thirty days, but which may be repeatedly inflicted until the party obeys the order of the court or judge. If the party violating the injunction is a company or corporation, such company or corporation may be condemned to pay a fine not exceeding two thousand dollars, but which may be repeatedly inflicted until it obeys the order of the court or judge. The party aggrieved by the disobedience of such person, company or corporation may also recover from such person, company or corporation such damages he as may show that he has sustained. 41 V., c. 14, s. 12. "1033n. All fines imposed under and in virtue of the provisions of this section are the property of the Crown and form part of the consolidated revenue fund of the Province." 41 V., c. 14, s. 13. § 11. Of the Annulling of Letters-Patent. 5992. Articles 1038 and 1039 are repealed. 32 V., c. 11, s. 33. SECTION VIII. AMENDMENTS TO TITLE FIRST OF BOOK THIRD OF THE SECOND PART. OF THE CIRCUIT COURT. 5993. Article 1053 shall read as follows: "1053. The Circuit Court has ultimate jurisdiction to the exclusion of the Superior Court: 1. In all suits wherein the amount or the value of the thing demanded is less than one hundred dollars, saving the exceptions contained in the following article, and such cases as fall exclusively within the jurisdiction of the Court of Vice-Admiralty, and suits in matters of petition of right. 2. In all suits for school-taxes or school-fees, and all suits concerning assessments for the building or repairing of churches, parsonages and church-yards, whatever may be the amount of such suits." 46 V., c. 27, s. 6. 5994. Article 1054 shall read as fellows: "1054. Except at the chef-lieu of each district, the Circuit Court has original jurisdiction, to the exclusion of the Superior Court, but subject to appeal : 1. In all suits in which the sum or the value of the thing demanded amounts to or exceeds one hundred dollars, but does not exceed two hundred dollars, saving the exception contained in the second paragraph of the preceding article ; 2. In all suits for fees of office, duties, rents, revenues, or sums of money payable to the Crown, or which relate to any title to lands or tenements, to annual rents, or such like matters whereby rights in future may be bound, even though the amount claimed be under one hundred dollars." C. C. P., 1054; 49-50 V., c. 18, s. 1. 5995. Article 1057 shall read as follows: "1057. It has also an appellate jurisdiction over judgments rendered by a Commissioners' Court or by justices of the peace for taxes, assessments or penalties imposed under the Municipal Code." C. C. P., 1057; M. C., 1061. 5996. Article 1062 shall read as follows: "1062. It may also, upon proclamation of the Lieutenant-Governor, be held in any other county than that in which the Superior Court for the district is held, excepting the counties of Hochelaga, Jacques Cartier, Laval, St. Maurice and Quebec; or in more than one place in the counties. of Beauce, Beauharnois, Bonaventure, Charlevoix, Chicoutimi, Gaspé, Missisquoi, Ottawa, Pontiac, Richmond, Rimouski, Saguenay and Stanstead. The court is then designated as "the Circuit Court in and for the county of (naming the county)" and if there are more than one in the same county, the words at (naming the place of sitting)" are added to such designation. Upon proclamation of the Lieutenant-Governor any such Circuit Court may be abolished." C. C. P., 1062; 32 V., c. 21, s. 1; 35 V., c. 6, s. 23; 49-50 V., c. 8, s. 1. SECTION IX. AMENDMENTS TO TITLE SECOND OF BOOK THIRD OF THE SECOND PART. OF ORDINARY PROCEDURE. $1.-Of Summons. 5997. Article 1068 shall read as follows: "1068. In the case mentioned in article 1067, the writ of summons, issuing from the Circuit Court of a district, may be served by the sheriff or any bailiff of such district; but he is entitled to no more costs than if the service had been effected by the nearest bailiff to the residence of the defendant thus summoned. Any writ of summons, subpoena or writ of execution, issued out of any Circuit Court in any county, may be served or executed by any bailiff residing in the district, but no more costs and emoluments for serving or executing such writ are allowed or taxed against any defendant, than would have been allowed had such writ been served by the bailiff residing nearest to the residence of the person |