SECTION II. PROVISIONS IN CONNECTION WITH THE PRELIMINARY PROVISIONS OF BOOK OF PROCEEDINGS BEFORE THE DIFFERENT COURTS. (Articles 28 and following). Qui Tam ACTIONS. any qui tam davit estab 5716. No process or summons shall be issued in any pop- Process not ular or qui tam action or prosecution for the recovery of to issue in penalties, unless there be filed, along with the præcipe or requi- action withsition for such process, an affidavit of such prosecutor declar- out an affiing that in so prosecuting he is not acting in collusion with lishing the the defendant in such action, nor does he so prosecute for the good faith of purpose of preventing such action, or prosecution being insti- the plaintiff. tuted by any other person, or for the purpose of delaying it, or causing it to miscarry, or for the purpose of saving such defendant from the payment of the whole or any part of such penalty, or of procuring to him any advantage, but that he institutes such prosecution or action in good faith, and for the purpose of recovering and enforcing the payment of such penalty with all practicable celerity. 27-28 V., c. 43, s. 1. See articles 2615 and 2616 as to duration of such actions. 5717. No such action or prosecution shall be discontinued or Discontinsuspended without the special and express permission or direc- uing or suspending qui tion of the Crown. tam action Every such prosecutor who discontinues or suspends such without leave action or prosecution, without such permission or direction, Crown shall be punishable by fine or imprisonment, at the discretion punishable. of the court before which he has been tried and convicted for such offence. * 27-28 V., c. 43, s. 2. from the 5718. The Crown may intervene in such actions or prose- Crown may cutions at any stage thereof, and assume the sole conduct of intervene. the same; provided that if, after the termination thereof, it Proviso. shall appear that there has been a reasonable ground for such prosecution, and if such prosecutor shall have afforded to the Crown, which shall have so intervened, all the aid and information in his power to bring such prosecution to a successful end, the Crown shall pay to such prosecutor the costs incurred by him in such prosecution. 27-28 V., c. 43, s. 3. 5719. This section does not extend or apply to any action Not to apply or prosecution for the recovery of any penalty imposed by to cases unany act respecting the sale of intoxicating liquors. 27-28 V., pecting sale c. 43, s. 4. Every private prosecutor in the Province of Quebec, who, being a plaintiff in a qui tam action, discontinues or suspends such action without the permission or direction of the Crown, is guilty of a misdemeanor. R. S. C., c. 173, s. 31. der acts res of in toxicating liquors. How constituted rents payable by Receiver Gen eral may be seized, &c. Any estate be sold. SECTION III. PROVISIONS IN CONNECTION WITH TITLE THIRD OF BOOK FIRST OF THE OF THE EXECUTION OF JUDGMENTS. (Articles 632 and following.) SEIZURE OF CONSTITUTED SEIGNIORIAL RENTS. 5720. Constituted rents representing seigniorial dues, payable by the owners of lands as representing the cens et rentes, or payable by the Receiver General as representing lods et ventes and other casual rights, may be seized and sold by the sheriff under execution in like manner as other constituted rents. 28 V., c. 39, s. 18 § 1. 27 5721. The rights of any party in such constituted rents therein may may be seized, sold and transferred, whether the same be absolute, or for life, or for any term of years, or for the life of another, but the whole of the rights of such party therein (and not any fractional part thereof) must be seized and sold. 2728 V., c. 39, s. 18 § 2. Service of procès-verbal in cases of seizure in hands of Re ceiver General. Service of 5722. In case of seizure in the hands of the Receiver General, a procès-verbal thereof shall be served upon him at his office, and, after such service and while the seizure remains in force, he shall not pay the same to any party whatsoever. When such constituted rents are sold under execution, an authentic copy of the sheriff's deed of the sale thereof shall be deed of sale. served upon the Receiver General at his office, and he shall thereupon substitute the purchaser in the place of the party on whom the said constituted rents were seized. 27-28 V., c. 39, s. 18, § 1. How rents cens et rentes, and sold. 5723. Constituted rents representing the cens et rentes payrepresenting able to any party, or the rights of such party therein, may be may be seized seized and sold by the sheriff under execution, either collectively, (that is the whole of such rents or rights therein and without its being necessary to enumerate or describe the particular lots or rents included therein) describing in general terms, by its former name and by its general boundaries, the seigniory or the part of the seigniory where the lands on which such constituted rents are chargeable are situate, or as the constituted rents charged upon any lots or lands bearing the following numbers in the cadastre of the seigniory and mentioned in the writ as the lots from number (as the case may be) in the cadastre to number (as the case may be) inclusively. 2728 V., c. 39, s. 18 § 3. Sheriff's deed of sale how 5724. The sheriff's deed of sale of such constituted rents, to be notified. representing cens et rentes or of the rights therein, shall be noti some fied by causing it to be read publicly by a bailiff of the Superior 5725. Such sale shall transfer no more than the rights of No more than the creditor of such constituted rents; and the redemption of the creditor's right to be such constituted rents theretofore effected, or the right to transferred.. redeem the same, shall not be affected by such sale, but such right of redemption may be exercised as if such sale had not taken place. 27-28 V., c. 39, s. 18 § 5. seized to 5726. Constituted rents payable by the Receiver General Both kinds or and constituted rents representing cens et rentes shall be rents may be included in the same writ, if seized at the same time by the gether, &c.. same party, or in different writs if seized at different times or by different parties. 27-28 V., c. 39, s. 18 § 6. ory may be 5727. Any claim to or upon any seigniory, whether arising Claims on of before or after the notice in the Canada Gazette of the deposit to the seigui, of the schedule of such seigniory, has continued to exist and enforced may be exercised upon the constituted rents representing the against such seigniorial rights in such seigniory, and may be enforced upon the same. rents. are to divided 2. If such claim be to or upon a definite and divided portion What includof such seigniory, it shall apply to and affect the constituted ed if claims rents payable on the lands comprised in such portion; but if or undivided it be to or upon an undivided portion of the seigniory, then it part of shall affect and apply to an undivided portion of such rents, and seigniory.. also of the constituted rents payable by the Receiver General, proportionate to such undivided portion of the seigniory. suits. 3. In any suit or proceeding for enforcing such rights, the Description: constituted rents may be described as herein before provided of rents in with respect to the seizure thereof, and without its being necessary to enumerate or describe the particular lots or rents included therein. 4. Any judgment, establishing such claim, shall be published Publication at the doors of the churches in the parishes comprised in or of judgment establishing. comprising such seigniory or such divided portion thereof, by rights. a bailiff of the Superior Court, immediately after divine service in the forenoon on some Sunday within four weeks after the rendering of such judgment, or if it be appealed from, after the judgment in appeal confirming it; a copy thereof shall be served upon the Receiver General, at his office. 5. Such judgment shall be then held to be sufficiently noti- Effect of fied to the owners of the lands on which such constituted rents publication.. are payable, and to the Receiver General, who shall govern themselves accordingly; but no such judgment shall affect any redemption of any such constituted rents theretofore effected or any right to redeem the same, nor shall any more than the rights of the creditor of such constituted rents be transferred by such judgment. 27-28 V., c. 39, s. 18 § 7. SECTION IV. On what affi resident in the suit of a residing there. PROVISIONS IN CONNECTION WITH TITLE FIRST OF BOOK SECOND OF OF PROVISIONAL PROCEEDINGS WHICH ACCOMPANY SUMMONS IN (Articles 797 and following.) SPECIAL PROVISIONS. §1.-Capias ad respondendum againat residents of Ontario. 5728. A writ of capias ad respondendum, if required at the davit a person suit of any person residing in the Province of Ontario, against Ontario may any person residing within the limits thereof, shall not be be arrested at issued unless, in addition to the affidavit required by law, the person also plaintiff or some other person makes oath before a judge of the Superior Court, or before any other officer, authorized to receive such oath, that the defendant is immediately about to resort to some country or place without the limits of the Provinces of Ontario and Quebec, and hath not, within the limits of the Province of Ontario, any immoveable property out of which the plaintiff can reasonably expect to be paid the amount of his debt. C. S. L. C., c. 87, s. 2. Fees of com warrants. §2.-Fees of Commissioners granting capias or attachment before judgment. 5729. For any warrant of capias ad respondendum and missioners on attachment before judgment, the commissioner of the Superior Court issuing the same may exact the sum of sixty-seven cents, from the person demanding the same, and a similar sum for every return of the proceedings taken under any such warrant. C. S. L. C., c. 83, s. 56. Before seizure of any raft, sheriff may demand a bond of indemnity. § 3.-Bond of Indemnity before seizure of a raft. 5730. No sheriff or bailiff shall be bound to proceed to the execution of any writ of attachment or writ of revendication, or of any writ of execution against any raft or timber, until he has been furnished by the party suing out such process with a bond of indemnity, with two good and sufficient securities, to the satisfaction of one of the judges of the Superior Court, conditioned to secure and hold him harmless against all damages and costs to result from such seizure. C. S. L. C., c. 83, s. 51. SECTION V. PROVISIONS IN CONNECTION WITH TITLE SECOND OF BOOK SECOND OF OF SPECIAL PROCEEDINGS. (Articles 911 and following.) RE-ENTRY UPON ABANDONED LANDS IN SEIGNIORIES. 5731. In this section the word "seignior" comprises every Meaning of owner of seigniorial dues or of the constituted rents created in words lieu thereof, and the word "censitaire" every person bound to and censi"seignior the payment of such dues or rents. 34 V., c. 7, s. 13. taire.". may recover 5732. Whenever any land, subject to the payment of any When and seigniorial dues or constituted rents created in lieu thereof, has how seignior been abandoned and has remained abandoned during twenty abandoned years or more, and arrears of seigniorial dues or rents for lands. more than ten years have not been paid, the seignior may proceed in the manner hereinafter provided to recover such land. abandoned. 2. Every censitaire who, having ceased to occupy the land When land by himself or by his family, has either made no transfer of his is deemed rights on the land, or has made a transfer but has not notified the seignior in writing, shall be deemed to have abandoned the land. The actual possession of the land by any person shall not Manner of be deem to be a notice of any such transfer. 34 V., c. 7, ss. 1 application. and 11. 5733. A notice shall be served upon the censitaire stating Service of that at a time and place therein mentioned the seignior will notice of application apply to a judge of the Superior Court to recover the land, upon or, if the censitaire cannot be found within the district, he censitaire. may be ordered to appear in the manner prescribed by article 68 of the Code of Civil Procedure. The notice shall likewise be served upon any person then in Service upon actual possession of the land. 34 V., c. 7, s. 2. person in possession. and applica 5734. The delay between the service of the notice and the Delay beday on which the application is to be made shall be that pre- tween notice scribed for ordinary cases by article 75 of the Code of Civil tion. Procedure, or that given by article 68, as the case may require. 34 V., c. 7, s. 3. made. 5735. After notice has been so given, and at the time and How applica place mentioned in the notice, the seignior may, by a petition tion shall be. setting forth the facts of the case and supported by affidavit and production of the written evidence of the concession, if in his hands, apply to a judge of the Superior Court to have the concession declared void, and to be put in possession of the land. 34 V., c. 7, s. 4. |