Cost of service in

certain cases.

Act in force.

issued out of any circuit court, in any county in this province, may be served by any bailiff residing in the judicial district in which said county is situate, but no more costs and emoluments for serving or executing such writ, shall be allowed or taxed against any defendant, than would have been allowed had such writ or subpœna been served by the bailiff residing nearest to the residence of the defendant; provided nevertheless in any case in which the plaintiff establishes to the satisfaction of the clerk of the court, or the judge exercising jurisdiction in the district in which such writ issues, that such writ or subpoena should be addressed to and executed by some other bailiff, it may be so addressed and executed; in which case the costs to be taxed against the defendant or other person, shall be taxed as from the residence of such bailiff, and for the distance actually travelled by him.

2. This act shall come into force on the day of its sanction

Art. 37a M.C. as amended

1 V. c. 18 s.

and 41-42 V.c 10,8..2,

amended

in force.

CAP. XXII.

An act to amend the Municipal Code of the Province of Quebec.

[Assented to 31st October, 1879.]

ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. Article 37a of the municipal code as amended by 41 Vict., chap. 18, section 3, and 41-42 Vict, chap. 10, section 2, is amended by adding after the word: "territory," in the seventh line of the first paragraph of said article, the words: "and by a majority of the electors of the remaining portion of the said municipality."

2. The present act shall come into force on the day of its sanction.

CAP. XXIII.

An act to secure the publicity of seizures of real

estate.

[Assented to 31st October, 1879.]

W

HEREAS the sale of an immoveable, or the constitu- Preamble. tion of an hypothec upon an immoveable, after its seizure,is without effect when such seizure is followed by judicial expropriation; and whereas it is often difficult to ascertain whether an immoveable is under seizure or not; and whereas the publicity of the seizure of real estate, would increase confidence in transactions for its alienation and in its hypothecation; and whereas it is expedient to provide for such publicity of the seizure of real estate as will guard from surprise and benefit landed credit; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

N. tice by

1. As soon as the sheriff of any district has made a sheriff who seizure of real estate, he shall transmit to the registrar of has seized the registration division wherein it is situate, a notice the property. thereof; and the registrar shall on receipt of such notice, register and index the same.

mentioned in

2. The registrar shall, until the notice of seizure is Notice to be cancelled, mention it in all certificates demanded of him, all certifi either against the real estate described in such notice or cates. against the judgment debtor upon whom the real estate was seized.

Celled by

3. When the seizure is followed by judicial expropria- Notice cantion, the registration of the notice shall be cancelled by sheriff's deed. the registration of the sheriff's deed of sale, and the registrar shall make mention thereof in the margin of its entry.

celled if

4 When the seizure is released, the registration of the Notice cannotice shall be cancelled by the deposit in the registry seizure is office, of a certificate establishing such release, given by released. the prothonotary; and mention of the cancellation must be made in the margin of the registry of the notice.

cellation of

5. When a seizure of real estate is annulled and the Costs of canjudgment creditor is condemned to pay the costs thereof, notice. the expenses of the cancellation of the notice of seizure shall be at his charge.

6. The prothonotary is bound to deliver to any person Certificate of demanding the same, a certificate of the release from release from

seizure.

Fees of sheriffs, &c.

Directory

provisions.

Act in force.

seizure of any real estate that may appear by the record of the cause in which such seizure was made.

7. The sheriff, registrar and prothonotary, shall be entitled to such fees for the performance of the duties imposed by this act as may be established by order of the lieutenant governor in council.

8. The provisions of this act are only directory; and the omission to comply with them, shall not invalidate the sheriff's sale in any cause in which such omission may

occur.

9. This act shall come into force on the day of its sanction.

Preamble.

valid.

An act respecting the sale of immoveables by Sheriffs in the Province of Quebec.

[Assented to 31st October, 1879.]

HEREAS certain formalities required by law, have been omitted in certain sales of immoveables made by the sheriffs in their official capacity, and whereas such omissions may occasion serious inconvenience to the purchasers; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. In the registration divisions in which official plans Certain she and books of reference are in force, all Sheriffs' titles riff's Titles, declared respecting real estate situated within such divisions, procès-verbaux of seizures of the said properties, advertisements, publications and notices posted up, in which the properties seized and sold have not been designated by the numbers shewn on such official plans and books of reference, are hereby declared valid for all legal purposes whatsoever, notwithstanding any law to the contrary and especially articles 638, 648, 659 and 689 of the Code of Civil Procedure, and every law or statute amending the said articles, provided, however, that a notice indicating the official numbers of the properties described in the titles shall have been given, within six months from the passing of the present act, to the registrars of such registration divisions by the Sheriffs or any of the parties interested.

cases.

2. This Act shall not apply to sales made prior to its Pending passing and shall not affect pending cases, and shall Act in force. come into force on the day of its sanction.

An Act respecting the sale of immoveables within the limits of the late parish of Montreal.

WH

[Assented to 31st October, 1379.]

HEREAS in accordance with continued custom, Preamble. lands and properties situated outside of the limits

of the City of Montreal, but within the limits of the late Parish of Montreal, whenever they were seized by the sheriff of the District of Montreal, have always been sold at the office of the said sheriff, in the city of Montreal, being considered as situated within the banlieue of the said city; and whereas this practice still continues up to the present day;

Whereas, moreover, the sub division of the late parish of Montreal into new parishes, and the erection of new municipalities within the said limits, has raised questions as to the validity of sales so made as aforesaid; and whereas it is expedient to remove all doubts as to the validity of such sales, and as to the legality of the many deeds of sale which have been granted in consequence thereof; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, declares and enacts as follows:

Montreal.

1. All sales of property situate either within the limits Sa'es of of the city of Montreal or without the same, but within property in the limits of the late Parish of Montreal, and considered by the Sheriff of Montreal as being within the limits of the banlieue of Montreal, have always been legally made at the office of the Sheriff of Montreal, in the city of Montreal, notwithstanding the erection of the said new parishes, and the erection of the said new municipalities within the said limits, and the lands and properties so situated shall in future, continue to be sold at the said sheriff's office, notwithstanding any such erection of parishes or municipalities already made, or which may be made after the passing of this act.

2. The present act shall not apply to any proceedings Restriction, taken to set aside any sheriff's sale now pending which

shall be decided and adjudicated upon as if the present act had not been passed.

Sales adver

tized up to date.

Act in force.

3. The sales of properties within the aforesaid limits which have, until this day, been publicly announced to take place at the church doors of certain of the said new parishes, may legally be made at such church doors.

4. This act shall come into force on the day of its sanction.

Sale of

whom made.

CAP. XXVI.

An act respecting the sale of securities belonging to persons not in the exercise of their civil rights.

[Assented to 31st October, 1879.]

ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. In the case of sale of securities, such as capital sums, securities, by shares or interest in financial, commercial or manufacturing joint stock companies or public securities, belonging to minors, interdicts or absentees or to substitutions, the judge or the court authorizing such sale upon the advice of a family council, may, if he or it deem it meet, order that the sale be made, at the current rate upon the Stock Exchange, by a broker or other person appointed for that purpose, without advertisement or other formalities; and the judge or court, in case he or it may deem the same advisable, may authorize, during such delay as shall be determined, the gradual disposal of such securities at the current rate upon the Stock Exchange.

Report by person appointed.

Act in force.

2. The person appointed shall make a report of all sales by him made, which shall be deposited in the clerk's office where the authorization for the sale has been deposited, with an attestation under oath, showing the current market value of similar securities upon the Stock Exchange on the day of each sale.

3. This act shall come into force on the day of s sanction.