991. The court or judge before rendering judgment upon the opposition may, if there be cause for it, summon before him the relations, or in default of relations, the friends of the intending consorts, when they are minors, in order that they may give their opinion upon the intended marriage, and that such further action may be had as to law may appertain. 992. An appeal lies to the court of Queen's Bench from judgments rendered on such oppositions, the same formalities being observed as in appeals from the Circuit Court, and such appeals take precedence over others. 100. That after article 1005 the following be inserted: 1006. He is bound to give notice of his appointment by an advertisement to be inserted at least twice in two newspapers designated by the court or judge. 101. That article 1009 be struck out and the following inserted instead thereof: 1009. If there are no debts due by such corporation, or if such debts are not known, then the curator must proceed to the sale of the immoveables to the highest bidder, after giving notice of such sale, in the same manner as the sheriff does in executions against the immoveables of a debtor. 102. That article 1044 be struck out and the following inserted instead thereof: 1044. The court may direct one or more issues for the trial of the facts alleged in the return, and such issues are tried either by affidavit or by the examination of witnesses before the court or judge, as such court or judge may think proper. 103. That at the end of article 1059 the following words be added: "and the provisions of article 466 bis apply to it." 104. That after article 1073 the following paragraph be inserted : With the consent of all the parties the proof may be written down at length, and the clerk of the Circuit Court may receive the depositions and swear the witnesses in the absence of the Judge; or it may be taken before an examiner, in each case according to the rules prescribed for the Superior Court. 105. That article 1079 be struck out and the following inserted instead thereof : 1079. Writs of execution for the payment of a sum of money issue against the moveable property of the debtor situated either in the district in which the judgment was rendered or in any other district. In the first case it is addressed to a bailiff, who is bound to elect a domicile for the judgment creditor in the locality within which the seizure is made, and who is empowered to levy the amount in conformity to the rules prescribed for seizures by the sheriff, without however being entitled entitled to demand or retain any commission on the moneys levied. In the second case the writ may be addressed either to the bailiff in like manner, or to the sheriff of such other district. 106. That article 1083 be amended by inserting at the end of the first paragraph the following words: "in which the judgment was rendered or in any other district. 107. That after article 1094 the following be inserted: 1094bis. If the defendant fails to appear or to plead in any case returnable in term, the plaintiff may at any time proceed to judgment in the same manner as if the action were returnable in vacation. 108. That articles 1109, 1109bis, 1109ter, 1109quater be struck out and the following inserted instead thereof; 1109. If either of the parties is aggrieved by the judgment he may inscribe the case for hearing before three judges of the Superior Court, according to the provisions contained in articles 496 and following. 109. That article 1110 be struck out. 110. That article 1117 be struck out and the following inserted instead thereof: 1117. Proceedings in error or in appeal must be brought within a year from the date of the judgment, saving the cases provided for by articles 823, 1029 and 1033; this delay of a year is binding even upon minors, women under coverture, persons of unsound mind or interdicted, and upon persons absent from Lower Canada, when those who represent them, or whose duty it is to assist them, have been brought duly into the suit. If the party dies before appealing, the delay is reckoned only from the day of his death, against his heirs or legal representatives. Proceedings in error or in appeal cannot, however, be taken during the delay allowed for demanding a review before three judges, nor during the proceedings for such review. In cases of judgment by default in vacation, the delay for appealing runs only from the expiration of the time allowed for filing an opposition thereto. 111. That after article 1128 the following be inserted : 1129. The respondent unless the court otherwise orders, may, within eight days next after the period allowed for filing his appearance, set up by motion all grounds of exception or of demurrer and all grounds of defence resulting from: 1. Informalities in the issuing or service of the writ; 2. Insufficiency of the appeal bond; 3. Non-existence or forfeiture of the right to proceed by error or appeal ; 4. Acquiescence in the judgment, 112. That the first paragraph of article 1197 be struck out and the following inserted instead thereof: 1197. Either party may evoke the case to the Circuit Court for the district when the contestation relates : 113. That after article 1199 the following be inserted: 1200. In default of such security being given within the delay fixed by the court the party forfeits his right of evocation, and the commissioners' court may proceed to hear and determine the case without regard to the improbation. 114. That article 1210 be struck out. 115. That article 1225 be amended by substituting the words "to the court or to a judge" for the words "in open court." 116. That at the end of article 1237 the following paragraph be inserted: A copy of the title Of Acts of Civil Status, in the Civil Code, and of the first, second and third chapters of the title Of Marriage in the same code, must be attached to such duplicate. 117. That after article 1245 the following words be added: "unless the document be of such a nature that it should be registered." 118. That after article 1251 the following be inserted : 1252. A similar application may be made by any party to a deed, in order to oblige any other party to the same, who is in possession of an authentic copy thereof, to deposit such copy for the same purpose, and such other party is bound to comply with the order of the court or judge in that behalf, under pain of all damages. The whole nevertheless at the costs and expense of the party requiring the deposit, who is obliged to furnish him with a copy of the deed and indemnify him for all travelling or other expenses. 119. That after article 1271 the following be inserted: 1272. If the matter relates to the investment of moneys, or to shares or stock in manufacturing or financial associations, the value thereof must be ascertained. 120. That after article 1275 the following be inserted : 1276. If no higher price is offered than the upset price, the person applying for the sale may proceed to effect a private sale; but he can only do so within the four months which follow the authorization, and for a sum not less than the upset price. 121. That after article 1320 the following be inserted: 1321. The beneficiary heir is bound to give notice of his character as such, by an advertisement, as mentioned in article 1006. 122. That after article 1324 the following be inserted: 1325. In cases where the beneficiary heir has any claims to exercise against the succession he must cause a curator to be named, the same formalities being observed as are prescribed or the appointment of curators to vacant successions. 123. That after article 1327 the two following be inserted: 1328. Provisional possession cannot be granted until after notice has been given and published, in the manner required for the summoning of absentees, calling upon all persons who may have any rights against the succession or the property in question to bring their claims before the court. 1329. The proceedings upon such claims are the same as upon ordinary interventions. 124. That after article 1338 the following be inserted: 1339. All decisions of the court or a judge are also subject to a review by three judges of the Superior Court, according to and in conformity with the provisions contained in articles 496 and following. 125. That at the end of article 1346 the following paragraph be inserted: The witnesses who are to be examined before the arbitrators may be sworn before the prothonotary, or the clerk of the Circuit Court, or before a commissioner of the Superior Court. 126. That after article 1353 the following be inserted : 1354. The court before whom such a suit is brought may examine into any grounds of nullity which affect the award, or into any questions of form which may prevent its being homologated; but it cannot enquire into the merits of the contestation; nevertheless when a penalty has been stipulated in the submission, the court may do so whenever the party contesting has paid or tendered the amount of the penalty either to the party who accepts the award or into court. 127. That after article 1354 the following article be added: FINAL PROVISIONS. 1355. The laws concerning procedure in force at the time of the coming into force of this Code, are abrogated: In all cases in which this Code contains any provision having expressly or impliedly that effect; Preamble. Change in per tion of Court In all cases in which such laws are contrary to or inconsistent with any provision of this Code, or in which express provision is made by this Code upon the particular matter to which such laws relate : Except always that as regard proceedings, matters and things anterior to the coming into force of this Code and to which its provisions could not apply without having a retroactive effect the provisions of law which without this Code would apply to such proceedings, matters and things remain in force and apply to them, and this Code applies to them only so far as it coincides with such provisions. The forms contained in the appendix to this Code, or others to the same effect may be used in the cases to which they are intended to apply. 128. That an article be framed in order to include in the Code of Civil Procedure, chapter 76 of the Consolidated Statutes for Lower Canada or any other acts or parts of acts relating to the districts and counties of Lower Canada in so far as they are connected with the administration of justice in Lower Canada. 129. That it be declared that the banlieue of Quebec is and always has been part of the district of Quebec. CAP. XXVI. An Act to facilitate the rendering of judgments in the [Assented to 15th August, 1866.] WHEREAS it is expedient to facilitate the rendering of judgments in the Superior Court and Court of Queen's Bench for Lower Canada, in the cases hereinafter mentioned: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. No change in the personal composition of the Superior sonal composi- Court or of the Court of Queen's Bench, by the appointment of not to necessi- any Chief Justice, Puisné Judge or Assistant Judge thereof, or tate re-hearing the death, resignation or removal to another Court of any Chief Justice, Puisné Judge or Assistant Judge thereof, shall be held to make it necessary that any cause which had theretofore been heard in review, or in error or appeal, should be reheard merely in consequence of such change, provided there be a sufficient number of judges who have heard the cause to give judgment therein. Judge &c. re 2. Whenever any cause in the Superior Court, either in the moved to ano- first instance or in review, or any cause in appeal or error in may yet si in the Court of Queen's Bench, has been heard by any Judge ther Court &c., or |