СНАР. 39

An Act to amend article 53a of the Civil Code and article 1313 of the Code of Civil Procedure, respecting registers of birth

[Assented to 9th March, 1906]

HIS MAJESTYiland of the Legislative Assembly of Quebec,

IS MAJESTY, with the advice and consent of the Legis

enacts as follows:

1. Article 53a of the Civil Code, as contained in article 5784 C. C., 53a, of the Revised Statutes, is amended by replacing the second amended. clause thereof by the following:

Such secretary-treasurer or clerk of the municipality or Entry of deccity shall, immediately, enter such declaration in a duplicate laration in register kept by him for the purpose, after having such regis- duplicate register duly ters duly initialled as required by article 45 of this Code and initialled, article 1311 of the Code of Civil Procedure, one of which &c. duplicates he shall, at the end of the year, deposit in the office of the prothonotary of the district.

Copies of and extracts from such registers may be made Copies of and certified by such secretary-treasurer or clerk or by the entries, &c. prothonotary to avail as if ordinary acts of civil status.

Any contravention of any one of the provisions of this Fine for conarticle shall be punishable by a fine of fifty dollars."'

travention of article.

2. Article 1313 of the Code of Civil Procedure is amended C. C. P.,1313, by inserting after the word: "made", in the fifth line, the amended. words: "as are also secretary-treasurers of municipalities and clerks of cities with whom are registered declarations of birth under the provisions of article 53a of the Civil Code."

C. C., 1149, amended.

If debt is made up of

usurious interest, power

of court in rendering judgment.

CHAP. 40

An Act to amend article 1149 of the Civil Code respecting judgments in suits for usurious interest

[Assented to 9th March, 1906]

[IS MAJESTY, with the advice and consent of the Legis

Hislative Council and of the Legislative Assembly, of Quebec,

enacts as follows:

1. Article 1149 of the Civil Code is amended by adding thereto the following clause:

"However, if the debt is made up of interest exceeding the legal rate, and seems to the court to be usurious, or if it includes such interest, whether such interest is called interest or be claimed under the name of discount, reduction in the advance, commission or otherwise, such court may order that such usurious interest, or such portion of usurious interest, be paid by instalments, and fix the amount of such instalments and their term of payment, at its discretion, according to circumstances."

Preamble.

C. C. 2036, replaced.

Exercise of

W

CHAP. 41

An Act to amend article 2036 of the Civil Code

[Assented to 9th March, 1906]

WHEREAS doubts have arisen whether the judicial hypothec resulting from judgments rendered or judicial acts performed since the first of September, one thousand eight hundred and sixty, affect the immoveables acquired by the debtor after the date of the judgment or the judicial act, and it is expedient to remove such doubts;

Therefore, His Majesty, with the advice and consent of the Legislative Council and of the Legislative Assembly of Quebec, enacts as follows:

1. Article 2036 of the Civil Code is replaced by the following:

"2036. Judicial hypothecs acquired between the thirtyrights under first day of December, one thousand eight hundred and fortyjudicial hypothecs. one, and the first day of September, one thousand eight hundred and sixty, affect only such property as the debtor possessed at the time when the judgment was rendered or the judicial act performed.

Since the first day of September, one thousand eight hundred and sixty, and for the future, judicial hypothec may be exercised against all the immoveables possessed by the debtor and those which he may acquire."

2. This act shall not affect pending cases.

Pending

cases.

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

force.

СНАР. 42

An Act to amend articles 61, 639, 717, 1029, 1041, 1048, 1069 and 1352 of the Code of Civil Procedure

[Assented to 9th March, 1906]

IS Majesty, with the advice and consent of the Legislative Council and of the Legislative Assembly of Quebec, enacts as follows:

1. Article 61 of the Code of Civil Procedure, as amended by C. C. P., 61,7 the acts 3 Edward VII, chapters 51 and 52, is further amended amended. by striking out the words: " in the county of Lake St. John,' in the third and fourth lines of paragraph 1 thereof.

2. The first paragraph of article 639 of the said Code is re- Id., 639, § 1, placed by the following: replaced.

of moveable property

under seizure how published.

"639. The sale of moveable property under seizure is adver- Advertisetized, in the Island of Montreal, by a notice stating summa- ment of sales rily the names of the parties, the nature of the effects, and the place, day and hour of sale, inserted in French in a newspaper published in that language in the city of Montreal, and in English in a newspaper published in the English language in the city of Montreal; and in any of the cities of Quebec, Three Rivers, Sherbrooke, St. Hyacinthe or Sorel or in the town of St. John's, the notice is inserted in French in a newspaper published in that language therein and in English in a newspaper published in the English language therein; and if there should be but one paper 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."

3. Paragraph 1 of article 717 of the said Code is replaced by Id., 717, § 1, the following: replaced.

"1. When seizures are made in the Island of Montreal, in the Publication cities of Quebec, Three Rivers, Sherbrooke, St. Hyacinthe or of certain

1

notices of

sales, &c., in cases of sei

zure of immoveables.

Id., 1029. amended.

Publication at church

Sorel, or in the town of St. John's, to publish, at the latest fifteen days before the sale, a notice briefly detailing the particulars of the sale in a newspaper published, if it concerns a sale in the Island of Montreal, in French in a newspaper published in that language in the city of Montreal and in English published in that language in the city of Montreal, and if it concerns a sale in any of the cities of Quebec, Three Rivers, Sherbrooke, St. Hyacinthe or Sorel, or in the town of St. John's, to publish the notice in a newspaper published in French and in one published in English in the locality, and if, there is only one newspaper in the locality or all are published in the same language, to publish the notice in both languages in the same newspaper, and to post a copy of the notice in his office after the publication.

4. Article 1029 of the said Code is amended by replacing the second clause thereof by the following:

Except in the Island of Montreal, and in the cities of Quebec, Three Rivers, Sherbrooke, St. Hyacinthe and Sorel, door of petition to sell and in the town of St. John's, it must moreover be read and hypotheca- posted in both languages, at the door of the church of the ted immove- parish in which the immoveable is situated, on a Sunday immediately after morning service; if there is no such service, it is sufficient to merely post the notice.

ables.

Id., 1041, replaced. Experts and their appointment

5. Article 1041 of the said Code is replaced by the following:

"1041. The experts are three in number, and are agreed upon by the parties; nevertheless if the parties consent or if in matters of the judge thinks proper by reason of the nature or situation of licitation. the property to be divided, only one need be named."

Td., 1048, § 2, 6. Article 1048 of the said Code is amended by replacing replaced. paragraph 2 thereof by the following:

Publication

matters of

licitation.

"2. Moreover, if the immoveables are situated in the of notices in Island of Montreal, by being inserted in French in a newspaper published in that language in the city of Montreal, and in English in a newspaper published in that language in the city of Montreal; if the immoveables are situated in the city of Quebec, Three Rivers, Sherbrooke, St. Hyacinthe or Sorel, or in the town of St. John's, by being inserted in a newspaper published in French and in one published in English in the locality, and, if there is only one newspaper in the locality or all are published in the same language, in both languages in the same newspaper; and, if the immoveables are situated in a parish other than those contained in the above-mentioned localities, by being read aloud and posted on the third Sunday before the day on which the licitation is to