H CAP. X V. An act to amend the Quebec Election Act. [Assented to 31st October, 1879.] ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows: 1. In case it is made to appear within four days after Recount of that on which the Returning Officer has made the final allowed in votes, addition of the votes, for the purpose of declaring the certain cases. candidate (or candidates) elected, on the affidavit of any credible witness, to a Judge of the Superior Court ordinarily discharging his duties in any judicial district in which the electoral district or any part thereof is situated, that such witness believes that any Deputy Returning Officer at any election in such electoral district, in counting the votes, has improperly counted or rejected any ballot papers at such election, or that the Returning Officer has improperly summed up the votes; and in case the applicant deposits within the said time, with the Clerk of the Court, the sum of one hundred dollars, as a security for the costs of the candidate, in respect of the re-count, appearing by the addition to be elected, the said Judge shall appoint a time, within four days after the Date of receipt of the said affidavit by him, to re-count the votes, recount, fixed by the judge. or to make the final addition, as the case may be, and shall give notice in writing to the candidates or their agents of the time and place at which he will proceed to re-count the same, or to make such final addition, as the case may be, and shall summon and command the Returning Officer and his election clerk, to attend then Duty of and there with the parcels containing the ballots used at returning the election, which command the Returning Officer and officer in such his election clerk shall obey. case. recount. 2. The said Judge, the Returning Officer and his Persons election clerk, and each candidate, or his agent authorized present at to attend such re-count of votes, or, in case any candidate cannot attend, then not more than one agent of such candidate, and if the candidates and their agents are absent, then at least three electors shall be present at such re-count of the votes. recount. 3. At the time and place fixed, the said Judge Formalities shall proceed to re-count all the votes or ballot papers required for returned by the several Deputy Returning Officers, and shall, in the presence of the parties aforesaid, if they attend, open the sealed packets containing: 1o. the used Day and hour on which recount shall take place. Rules for recount of votes. Return to Clerk of Crown in ballot papers which have been counted; 20. the rejected ballot papers; 30. the spoiled ballot papers and no other papers, commencing and proceeding in alphabetical or numerical order of the polls. 4. The judge shall, as far as practicable, proceed continuously, except on Sundays and non-juridical days, with such recount of the votes, allowing only, time for refreshment, and excluding (except so far as he and the parties aforesaid agree), the hours between six o'clock in the evening and nine on the succeeding morning. During the excluded time (and recess for refreshments, the said judge shall place the ballot papers and other documents relating to the election, in a sealed envelope under his own seal and the seals of such other of the parties as desire to affix their seals, and shall otherwise take necessary precautions for the security of such papers and documents. 5. The judge shall proceed to recount the votes, according to the rules set forth in section one hundred and eighty-nine of the Quebec Election Act. as hereby amended, and shall verify or correct the count of the ballot papers, and statement of the number of votes given for each candidate, by deciding the objections without delay,and as fast as they are made; and upon the completion of such recount, or as soon as he has thus ascertained the true result of the poll, he shall seal up all the said ballot papers in separate packets, and shall forthwith certify the result to the Returning Officer, who shall then declare to be elected, the candidate having the highest number of votes, and in case of an equality of votes, the Returning Officer shall give the casting vote, in like manner as provided in section two hundred and fifty of the Quebec Election Act. 6. The Returning Officer, after the receipt of a notice from the judge, of such recount of ballots, shall delay making his return to the clerk of the crown in chancery, until he receives a certificate from the judge of the there be a result of such recount, and upon receipt of such certificate, the Returning Officer shall proceed to make his return in the form of Schedule Y of the said act. delayed if recount. Costs of recount. 7. In case the recount or addition does not so alter the result of the poll as to affect the return, the Judge shall order the costs of the candidate appearing to be elected, to be paid by the applicant; and the said deposit shall be paid over to the said candidate, on account thereof, so far as necessary, and the judge shall tax the costs on giving his decision; and if the deposit is insufficient, the party in whose favor costs are allowed, shall have his right of action for the balance. 1879. Civil Code.-Contract of Pledge. Caps. 16, 17, 18. 43 An Act to amend certain articles of the Civil Code. [Assented to 31st October, 1879.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows: 1. Article 2098 is amended by dding to the fourth Art. 2098, paragraph, the following words: " and the description of c.c, amended. the immoveable." 2. The following article is added after article 2147: 2147a, added. "2147a. The notices, declarations and memorials men- Manner of tioned in articles 2026, 2098, 2106, 2107, 2111, 2115, 2116, notices, &c. giving certain 2120,2121, 2125, 2131, 2146, may be given either by private writing or by notarial deed drawn up en minute or en brevet." 3. The English version of article 2219 is amended by 2219, English replacing the word: " thirty," in the second line, by the version, word: "forty." amended, 4. This act shall come into force on the day of its Act in force. sanction. CAP. XVII. An act to amend article 2098 of the Civil Code. [Assented to 31st October, 1879 ] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows: amended. 1. The English version of article 2098 of the Civil Code, Art. 2098 c.c., is amended by striking out the word: "purchaser, in the last paragraph, and substituting the word: "acquirer.” W CAP. XVIII. An act respecting the contract of pledge. [Assented to 31st October, 1879.] HEREAS doubts have been raised as to the right Preamble. of the creditor who has received a pledge in this Art. 1488, Province, to be maintained in the possession thereof, against the owner when the same was obtained, in good faith, from a trader dealing in similar articles; and that it is important to remove such doubts; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows: 1. Articles 1488, 1489 and 2268, of the Civil Code, apply 1489 an 2268, to the Contract of Pledge. amended. Act in force. 2. This act shall come into force on the day of its sanction. Preamble. Interpr tation of word: CAP. XIX. An act to amend articles 2 and 3 of the Code of Civil [Assented to 31st October, 1879.] WHEREAS it is necessary to amend articles 2 and 3 of the Code of Civil Procedure, respecting nonjuridical days, and to remove certain doubts on this subject; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, declares and enacts as follows: 1. The word "Governor" in article 2 of the Code of "Governor." Civil Procedure, means indifferently, the Governor General of Canada or the Lieutenant Governor of this Province, as the case may be. Annivers ry of coming into force of 2. The first of July, the anniversary of the day on which the British North America Act came into force, B. N. A. act, shall in future, be considered a non-juridical day as if it declared a had been mentioned in article 2 of the said Code, and if non juridical the first of July should happen to fall on a Sunday, then the second of July shall be considered a non-juridical day. day. Certain pro days of 3. Proceedings and sales which have taken place on a day of Thanksgiving ordered either by the Governor General or the Lieutenant Governor, prior to the passing giving before of this act, shall be deemed valid as if they had taken place on the day following such Thanksgiving day. Thanks this act. Art. 3. c.c. p., to apply to certain sales. 4. Article 3 of the said Code, applies to sales announced to be made by authority of justice. forms part of 5. The present act shall, in so far as it shall apply, This act form part of the act respecting the interpretation of the statutes of this Province, 31 Vict., Chap. 7. 31 V. c. 7. 6. Nothing in this act shall apply to any objections Pending already raised before the Courts in any case now pending. cases. 7. The present act shall come into force on the day of Act in force. its sanction. CAP. XX. An act to amend article 49 of the Code of Civil Pro cedure. [Assented to 31st October, 1879.] ER MAJESTY, by and with the advice and consent 1. Article 49 of the Code of Civil Procedure is amended Art. 49 c.c. p. amended. by adding to the second paragraph thereof, the following words: "If the defendant has no domicile or permanent residence in this province, the mention of his surname alone will suffice, if his christian name cannot be ascertained, provided he be otherwise sufficiently designated in the writ and that such writ be served upon him personally." 2. This act shall come into force on the day of its Act in force. sanction. CAP. XXI. An act to amend article 1068 of the Code of Civil Procedure with respect to the service and execution of certain writs issued out of the Circuit Court in certain cases. [Assented to 31st October, 1879.] H ER MAJESTY, by and with the advice and consent 1. The following paragraph is added to article 1068 of § added to the code of civil procedure: "Any writ of summons, subpoena or writ of execution, art. 1068, c.c. p. |