"711c. Notice of such deposit, with mention of the names of those who possessed the immoveable during the last three years, must be given, during one month in the Quebec Official Gazette, and be read and posted at the place and in the manner mentioned in article 952 on the second Sunday preceding the delays for bidding hereinafter mentioned. 48 V., c. 22, s. 14.

"711d. During the fifteen days following the last insertion of the notice in the Quebec Official Gazette, any creditor of the company in liquidation and any person having hypothecary or real rights upon the immoveable sold, have the right to offer an increase over the purchase price mentioned in the deed of sale, provided such increase be at least one-tenth of the whole price and that the bidder offers besides to refund to the purchaser his costs and lawful disbursements, and gives him for that purpose security in the ordinary manner or deposits a sum sufficient for that purpose, in the discretion of the court or judge, reserving the subsequent completion of the precise amount. 48 V., c. 22, s. 14.

"711e. Any other creditors of the company, and any other persons having hypothecary or real rights upon the immoveable sold, may in like manner, and under the same conditions, outbid upon the first increase and may continue outbidding each other, provided that such subsequent increased bid be not less than one-twentieth of the purchase price, over and above the costs and lawful expenses. 48 V., c. 22, s. 14.

"711f. The purchaser may however keep and retain the immoveable at the amount of the highest bid offered." 48 V., c. 22, s. 14.

5945. Article 712 shall read as follows:

712. A purchaser, who cannot obtain the delivery of the property from the judgment debtor, must demand it of the sheriff, and upon the sheriff's return or certificate of the refusal to deliver, the purchaser may apply to the court or judge by petition, of which the debtor has received notice, and obtain an order commanding the sheriff to dispossess the debtor, and to put the purchaser in possession, without prejudice to the recourse of the latter against the debtor for all damages and costs resulting from his refusal." C. C. P., 712; 48 V., c. 20, s. 11.

5946. Article 720 shall read as follows:

"720. Oppositions for payment may be filed with the sheriff, if he has not yet made his return, or in the office of the prothonotary where the return is made, within six days after the return.

After this delay, they cannot be filed without permis

sion of the court or judge, and upon such conditions as he or it imposes." C. C. P., 720; 48 V., c. 20, s. 11.

5947. Article 730 shall read as follows:

"730. Conditional hypothecs are collocated in the report according to their rank, but the amounts thereof are made payable to subsequent creditors whose claims are exigible, or, in default of these, to the defendant, upon good and sufficient sureties being given for the return of the money, in the event of the condition being fulfilled; and, upon failure of the latter to give such security, within the delay fixed by the court or judge, the amounts may be paid to the conditional creditors, upon their giving good and sufficient sureties to return the moneys, in the event of the condition failing or becoming impossible, and paying interest, when the case requires it, to such persons as the court or judge may order.

In the case of neither party furnishing the requisite security, the amount of the conditional claim may be placed in the hands of a sequestrator or depositary upon whom the parties agree, or whom the court or judge names of its or his own accord." C. C. P., 730; 48 V., c. 20, s. 11.

5948. Article 735 shall read as follows:

"735. When several immoveables, or pieces or parcels of land separately charged with different claims are sold for one and the same price,

When a vendor's claim comes in concurrence with a builder's privilege, or

When a creditor has some preferential claim upon part of an immoveable by reason of improvements or other

cause,

And the disposable moneys are insufficient,

The prothonotary, if the record does not afford him sufficient data to perform the relative valuation himself, must suspend the distribution and report the facts to the court or judge." C. C. P., 735; 48 V., c. 20, s. 11.

5949. Article 736 shall read as follows:

"736. Upon the application of one of the parties interested, after notice given to the others, the court or judge orders experts to be named in the ordinary manner, in order to establish the respective values of the immoveables, pieces of land, or improvements, and the proportion which should be allotted to each out of the moneys to be distributed." C. C. P., 736; 48 V., c. 20, s. 11.

5950. Article 737 shall read as follows:

737. The relative valuation being established upon the report of the experts, the case is sent back to the prothonotary by the court or judge, in order that he may

proceed to determine the order of collocation and the distribution of the moneys." C. C. P., 737; 48 V., c. 20, s. 11. 5951. Article 738 shall read as follows:

"738. The registrar's certificate is prima facie evidence of the facts therein mentioned; but it may be contested on the ground of error or fraud on the part of the registrar, or in his books; and in such case the court or judge may, if the ends of justice require it, order any interested person to be called in to answer the contestation, which must also be served upon the registrar.

Such interested parties are called in by being served with the order of the court or judge; and this service may be either personal or at domicile, or by advertisement in newspapers, if the persons are absent, in the same manner as upon ordinary summons." C. C. P., 738; 48 V.,c. 20, s. 11.

§ 8.-Of Abandonment of Property.

5952. Article 763 shall read as follows:

"763. Any debtor, arrested under a writ of capias ad respondendum, and every trader who has ceased his payments, may make a judicial abandonment of his property for the benefit of his creditors.

In the absence of a capias no abandonment can be made, if the debtor has not been so required as hereinafter provided." 48 V., c. 22, s. 1.

5953. The following article is added after article 763 :

"763a. Every trader who has ceased his payments may be required to make such abandonment by a creditor, whose claim is unsecured, for a sum of two hundred dollars and upwards." 48 V., c. 22, s. 1.

5954. Article 764 shall read as follows:

"764. This abandonment is effected by filing a statement, sworn to by the defendant, and making known: 1. All the moveable and immoveable property of which he is possessed;

2. The names and addresses of his creditors, the amount of their respective claims, and the nature of each claim, whether privileged, hypothecary or otherwise.

Such statement must be accompanied with a declaration by the debtor that he consents to abandon all his property to his creditors.

The abandonment is made in the office of the prothonotary of the Superior Court of the district wherein the capias issued, and, in the absence of capias, of the district of the place where the debtor has his principal place of business, and in default of such place, of the place of his domicile." C. C. P., 764; 48 V., c. 22, s. 2.

5955. Article 765 shall read as follows:

"765. The debtor must give notice of the abandonment, by inserting an advertisement to that effect in the Quebec Official Gazette and by a registered notice sent by mail to the address of each of his creditors.

The notice addressed to the creditors must contain a list of the creditors of the debtor, mentioning the amount due to each.

In default of such notices being given by the debtor, any creditor may give them himself." 48 V., c. 22, s. 3.

5956. Article 768 shall read as follows:

"768. Immediately after the filing of the statement, the prothonotary appoints a provisional guardian, whom he, as far as possible, selects from the most interested creditors who, either personally or by a person whom he delegates for that purpose, takes immediate possession of all the property liable to seizure and the books of account of the debtor.

The guardian may summarily dispose of any perishable goods and may take conservatory measures under the direction of the judge, or, in the absence of the latter, of the prothonotary.

The abandonment being made, the court or the judge, upon demand of a party interested, must appoint, upon the advice of the creditors of the debtor, a curator to the property of such debtor.

Inspectors or advisers may also, in the same manner, be appointed at this or any subsequent meeting.

The meeting shall be convened within a short delay and in the manner which the court or judge deems suitable.

The record of the proceedings upon the abandonment is then transmitted to the prothonotary of the Superior Court of the district in which the debtor has his place of business." 48 V., c. 22, s. 4; 49-50., c. 12, s. 1.

5957. Article 769 shall read as follows:

"769. After the abandonment, any proceeding by way of attachment, attachment for rent or attachment in execution against the moveables of the debtor is suspended, and the guardian or the curator has a right to take possession of the goods seized, upon serving by a bailiff a notice of his appointment upon the seizing creditor or upon his advocate or the bailiff entrusted with the writ.

The costs upon such attachment, made after the notice, or, in the absence of such notice, incurred by a creditor after he had knowledge of the abandonment, either personally or by his advocate or by the bailiff, and, in all cases, the costs of attachment made eight days after the notice given by the debtor or the curator, cannot be collocated upon the property of the debtor, the proceeds

whereof are distributed in consequence of the abandonment." 48 V., c. 22, s. 4; 49-50 V., c. 34, s. 1.

5958. Article 770 shall read as follows:

"770. The curator is bound to make his appointment known by an advertisement in the Quebec Official Gazette and by a registered notice transmitted by mail to the address of each creditor.

In such notice, the curator shall call upon the creditors to file their claims with him within a delay of thirty days." 48 V., c. 22, s. 5.

5959. The following article is added after article 770 :

770a. The curator appointed may be required to give security, the amount whereof is fixed by the court or judge; and he is subject to the summary jurisdiction of the court or judge.

Such security may be given in favor of the creditors of the debtor generally without mentioning their names." 48 V. c. 22, s. 5.

5960. Article 772 shall read as follows:

"772. The curator has likewise a right to receive, collect and recover any other property belonging to the debtor, and which the latter has failed to include in his statement.

The curator may, with the permission of the court or judge, upon the advice of the creditors or inspectors, excercise all the rights of action of the debtor and all the actions possessed by the mass of the creditors.

The curator may sell the debts and moveables and immoveables of the debtor, in the manner indicated by the court or judge upon the advice of the parties interested or the inspectors.

Upon the demand of the curator, authorized by the creditors or by the inspectors, or upon the demand of an hypothecary creditor, of which deinand sufficient notice must be given to the debtor, the court or judge may authorize the curator, or command him, to issue his warrant. addressed to the sheriff of the district where the immoveables of the debtor are situated requiring him to seize and sell such immoveables.

The sheriff executes such warrant without making any service upon the debtor, but by otherwise observing the same formalities as in the case of a writ de terris; and all proceedings subsequent to the issue of the warrant are had in the Superior Court." C. C. P., 772; 48 V., c. 22, s. 6..

5961. The following article is added after article 772 :

"772a. The moneys realized by the curator from the property of the debtor must be distributed among the