creditors by means of dividend sheets prepared after the expiration of the delays to file creditors' claims, and are payable fifteen days after notice is given of the preparation of such dividend sheets.

Such notice is given by the insertion of an advertisement in the Quebec Official Gazette, and by a registered notice sent by mail to the address of each of the creditors of the debtor who have filed their claims or who appear upon the list of creditors furnished by him.

The claims or dividends may be contested by any party interested.

The contestation for such purpose is filed with the curator, who is bound to transmit it immediately to the prothonotary of the Superior Court of the district in which the proceedings upon the abandonment are then deposited, or to such other district as the parties interested in the contestation may agree upon; and such contestation is proceeded upon and decided in a summary manner.” 48 V., c. 22, s. 7.

1. Of the omission to mention property of the value of eighty dollars;

2. Of any secreting by the debtor, within the year immediately preceding the institution of the suit, or since, of any portion of his property, with intent to defraud his creditors;

3. Of fraudulent misrepresentations in the statement, with respect to the number of his creditors or the nature or amount of their claims.

In cases where the debtor has given notice of the abandonment of his property to his creditors, as above prescribed, the delay to contest the statement is restricted, as to the creditors to whom the notice is sent, to four months from the date of sending such notice." 48 V., c. 22, s. 8.

5963. Article 776 shall read as follows:

"776. If the contesting party establishes any one of the offences mentioned in article 773, or if the debtor refuses to attend or to answer, as required under the preceding article, the court or judge may condemn him to be imprisoned for a term not exceeding one year.

If the debtor, so ordered to be imprisoned, does not surrender himself, or is not surrendered for that purpose according to such order, then the sureties are liable to pay the plaintiff the debt, together with interest and all costs.

If the debtor, discharged upon bail, does not produce his statement and declaration within the thirty days mentioned in article 766, such debtor and his sureties are sub

ject to the same penalties and recourse as hereinabove.' C. C. P., 776; 48 V., c. 22, s. 9.

5964. Article 778 shall read as follows:

"778. The abandonment of his property deprives the debtor of the enjoyment of his property, and gives his creditors the right to have it sold for the payment of their respective claims." C. C. P., 778; 48 V., c. 22, s. 10.

5965. Article 780 shall read as follows:

"780. Whenever a capias could not be executed by reason of the absence of the defendant, or because he could not be found, and when the defendant has left the Province or no longer resides therein and has ceased his payments, there may, after notice to the defendant or debtor, in the manner prescribed by the court or judge, be appointed a guardian and curator, whose powers and obligations shall be the same as if appointed after an abandonment of property." 48 V., c. 22, s. 11.

SECTION VI.

AMENDMENTS TO TITLE FIRST OF BOOK SECOND OF THE SECOND PART.

OF PROVISIONAL PROCEEDINGS WHICH ACCOMPANY SUMMONS IN CERTAIN CASES.

§ 1. Of Capias ad Respondendum

5966. Article 799 shall read as follows:

“799. The writ may also be obtained if the affidavit establish, besides the debt, that the defendant is a trader, that he has ceased his payments and has refused to make an assignment of his property for the benefit of his creditors." 48 V., c. 22, s. 12.

5967. Article 809 shall read as follows:

"809. When the capias is issued by the prothonotary of the Superior Court, it is addressed either to the sheriff or a bailiff of the district in which such writ issues, and may be by him executed in such district or in any other district, or it is addressed to the sheriff or a bailiff of the district in which such writ is to be executed." C. C. P., 809; 33 V., c. 17, s. 1.

5968. Article 812 shall read as follows:

"812. In all cases in which a writ of capias may issue, a warrant of arrest may be granted by a commissioner of the Superior Court and be addressed by him either to the sheriff or a bailiff or any other peace officer in the vicinity.

The commissioner cannot issue such warrant at the cheflieu of a district, unless it be established before him by affidavit that it was impossible for the plaintiff or his agent to obtain such writ of capias from the prothonotary or his deputy." C. C. P., 812; 48 V., c. 20, s. 12.

5969. Article 813 shall read as follows:

"813. Such warrant is in the name of the commissioner who grants it; it orders the arrest of the person therein designated and his delivery over to the sheriff of the district, who is commanded to keep him in his custody during forty-eight hours, and no longer, unless before the expiration of that time the plaintiff has obtained and caused to be executed against such defendant a writ of capias in the ordinary course." C. C. P., 813; 48 V., c. 20, s. 13.

2.--Of Attachment before Judgment.

5970. Article 834 shall read as follows:

"834. A creditor has a right, before obtaining judgment, to attach the goods and effects of his debtor : 1. In the case of the dernier équipeur;

2. In all cases where, as plaintiff, he produces an affidavit establishing: that the defendant is personally indebted to him in a sum exceeding five dollars, and that the defendant absconds or is about immediately to leave the Province, or is secreting, or is about to secrete, his property, with the intent to defraud his creditors or the plaintiff in particular, or that the defendant is a trader, has ceased his payments and has refused to make an assignment of his property for the benefit of his creditors; and, in either case, that the deponent verily believes that without the benefit of the attachment the plaintiff will lose his debt or sustain damage." C. C. P., 834; 35 V., c. 6, s. 18; 48 V., c. 22, s. 13.

5971. Article 836 shall read as follows:

"836. Simple attachment is effected by means of a writ addressed, both in the Superior Court and in the Circuit Court, to the sheriff or a bailiff of the district in which such writ issues, who may execute it in such district or in any other district, or to the sheriff or a bailiff of the district in which it is to be executed, and, when in any other court, to any bailiff, requiring such sheriff or bailiff to seize the moveables and effects of the defendant, and to summon him to appear on a day fixed at the office of the prothonotary or clerk, to answer the demand and show cause why the attachment should not be declared valid.” C. C. P. 836; 33 V., c. 17, s. 1.

5972. Article 857 shall read as follows:

"857. When the writ issues from the Superior or the Circuit Court it may be addressed either to the sheriff or to a bailiff of the district in which such writ issues, and be by him executed in such district or in any other district, or to the sheriff or a bailiff of such other district in which such writ is to be executed, and in any other court, to a bailiff." C. C. P., 857; 33 V., c. 17, s. 1.

§ 3.-Of Attachment for Rent.

5973. Article 873 shall read as follows:

873. The owner or lessor may cause the effects and fruits in or upon the house, premises or land leased and subject to his privilege, to be seized for the rent, farm dues, or other sums payable in virtue of the lease.

He may likewise follow and seize in recaption, even for amounts not yet payable, the moveables and effects which were in the house or premises leased, when they have been removed without his consent; but he must do so within eight days after their removal; but the moveables and effects mentioned in article 556 must be subtracted from the sale.

An attachment in recaption must be served upon the new lessor, who must also be summoned to show cause against its execution." C. C. P., 873; 41 V., c. 12, s. 1.

5974. Article 874 shall read as follows:

"874. The provisions contained in article 841, as well as those contained in article 804, respecting the service of the declaration or statement of the demand, apply likewise to attachment for rent or farm dues." 49-50 V., c. 17, s. 1.

4.-Of Judicial Sequestration.

5975. Article 883 shall read as follows:

883. Sequestrators are subject to the duties and obligations imposed upon guardians in seizures under execution. They are, moreover, bound to render an account of their administration when judgment has been given upon the contestation, and also whenever, pending the suit, the judge orders them to do so, at the instance of either of the parties and upon cause shown." C. C. P., 883; 35 V., c. 5, s. 6.

SECTION VII.

AMENDMENTS TO TITLE SECOND OF BOOK SECOND OF THE SECOND PART.

SPECIAL PROCEEDINGS.

§1.-Of Suits against the Crown.

5976. The following chapter is added before chapter first of title second of the second book of the second part:

"CHAPTER (A) FIRST.

OF THE PETITION OF RIGHT.

"886a. Any person, having a claim to exercise against the Government of this Province whether it be a revendication of moveable or immoveable property, or a claim for the payment of money on an alleged contract, or for damages, or otherwise, may address a petition of right to Her Majesty. 46 V., c. 27, s. 2.

8866. Such petition of right is addressed to Her Majesty, and must state the names, the occupation or quality, and the domicile of the suppliant and of the advocate, if any, by whom the same is presented, set forth with convenient certainty the facts entitling the suppliant to relief, observing the provisions of article 52, and be signed by such suppliant or his advocate. 46 V., c. 27, s. 3; 49-50 V., c. 34, s, 1.

"886. The petition must be supported by an affidavit of the suppliant or of a competent person attesting the truth of the facts therein alleged. 46 V., c. 27, s. 4.

"886d. The petition is left with the Provincial Secretary for submission to the Lieutenant-Governor, in order that he may consider it, and, if he think fit, grant his fiat that right be done.

No fee is payable on leaving or upon receiving back the petition. 46 V., c. 27, s. 5.

"886e. Upon the Lieutenant-Governor's fiat being obtained, the petition and fiat are filed in the office of the prothonotary of the Superior Court in the District of Quebec. 46 V., c. 27, s. 6.

"886f. The suppliant must, at the time he files his petition in the prothonotary's office, produce and file the written proofs which he has alleged in support of his claim, together with an inventory of such exhibits.

He must also deposit a sum of two hundred dollars