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the seizing party, and may be executed by seizure, after the same delay, and in the same manner as any other judgment of such court." 37 V., c. 11, s. 1.

§ 2. Of the District Magistrate's Court.

6013. The following chapter is added after chapter first of book fifth of the second part :

CHAPTER FIRST (A).

OF THE DISTRICT MAGISTRATE'S COURT.

"1215a. The magistrate's court has ultimate civil jurisdiction to hear, try and determine :

1. All suits, whether personal or real, wherein the sum or value demanded does not exceed ninety-nine dollars in the county of Gaspé, including the Magdalen Islands, and also in the county of Saguenay for that part of it extending to the East as far as the Jeremy Islands, and fifty dollars in the rest of the Province;

2. All suits for the recovery of school rates, taxes, assessments or contributions, or of rates, taxes, assessments, penalties, damages, or sums of money whatever, due or payable in virtue of the Municipal Code, or in virtue of any special municipal act of incorporation, or in virtue of any by-laws or regulations made under the authority of such acts, or under the laws repecting abuses prejudicial to agriculture;

3. All suits for the recovery of penalties incurred, and of sums due to the treasury of this Province under the license law.

In all such suits, however, the defendant must reside within the county, city or town for which the court is held, or the debt must have been contracted therein and the defendant be resident in the Province. 32 V., c. 23, s. 16; 35 V., c. 9, s. 1; 37 V., c. 8, s. 1; 39 V., c. 31, s. 1; 40 V., c. 12, s. 1; 48 V., c. 15, s. 1.

1215b. When the amount of rent claimed or the amount of damages alleged does not exceed fifty dollars, the magistrate's court has jurisdiction in actions to annul or to rescind a lease or to recover damages resulting from the contravention of any of the stipulations of the lease, or the non-fulfilment of any of the obligations which the law attaches to it, or which result from the relation of lessor and lessee.

All proceedings in and the proof and hearing of such actions take place in a summary manner and on any juridical day fixed or not as one of the days on which the court can sit. 35 V. c. 9, s. 2.

"1215c. The provisions of the third book of this Code

apply in like manner to the district magistrate's court and to the magistrate holding the same, and the officers thereof, except in so far as such provisions are inconsistent with the provisions of this chapter, or are such as can only apply to the Superior Court or to appealable cases in the Circuit Court, as if the words Circuit Court,' or 'judge' meant and included respectively the words 'magistrate's court' or 'district magistrate.' 37 V., c. 8, s. 7; 39 V.,c. 31, s. 1.

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"1215d. Articles 1184, 1190, 1191, 1192, (except the part thereof contained within brackets), 1193, 1194, 1195, (except the words 'the signature of the comissioner,' in the three last mentioned articles), 1196, 1197, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, the first and last paragraphs of article 1212, and articles 1213 and 1214 apply to the magistrate's court in the same manner as if the words 'commissioners' court,' 'commissioner' or 'commissioners,' meant and included respectively the words 'magistrate's court' or 'district magistrate.' 32 V., c. 23, s. 17.

"1215e. All writs issuing from the court are signed by the district magistrate or by the clerk of the court; and all certificates or copies of proceedings of the court signed by the clerk are prima facie evidence of their contents. 32 V., c. 23, s. 18.

"1215f. The proceedings mentioned in article 1191, when issued from the magistrate's court, may be executed any where within this Province; but in the case of attachments by garnishment, either before or after judgment, the garnishee may, within three days of the service of the writ upon him, make his declaration on oath before the clerk of the nearest Circuit Court who has power to administer such oath and is entitled to receive from such garnishee the sum of one dollar for taking such declaration; he must transmit the same forthwith by post, in a registered letter to the clerk of the magistrate's court from which the writ of attachment issued, together with his receipt for the said sum of one dollar. 32 V., c. 23, s. 19.

"1215g. The said sum of one dollar is taxed by the district magistrate or the clerk of the court, as forming part of the costs of the suit; and the receipt of the clerk of the Circuit Court for the said sum, transmitted to the clerk of the magistrate's court, stands as a judgment of the said court in favor of the garnishee, against the party seizing, and may be enforced by execution after the same delay and in the same manner as any other judgment of the court. 32 V., c. 23, s. 20.

"1215h. No proceedings or suits in civil matters before any such district magistrate, or before a magistrate's court, under this chapter can be removed to any other

court, by certiorari or otherwise. 32 V., c. 23, s. 29; 33 V., c. 11, s. 4.

"1215. Judgments rendered by the magistrate's court for sums exceeding forty dollars may, in default of moveable property and effects, be executed upon the immoveables of the debtor.

The writ is addressed to the sheriff of the district in which the immoveables are situated, and is returnable before the Superior Court of such district there to be proceeded upon in the same manner as like writs issuing from the Circuit Court. 35 V., c. 9, s. 7.

"1215). The district magistrate's court may grant such costs as are fixed by the Lieutenant-Governor in Council, and in default thereof, such fees as are allowed by the tariff of the Circuit Court in similar matters." 32 V., 23, s. 30; 37 V., c. 8, ss. 8 and 9.

c.

SECTION XII

AMENDMENTS TO CHAPTER FIRST OF TITLE FIRST OF THE THIRD PART.

OF REGISTERS OF CIVIL STATUS.

6014. Article 1236 shall read as follows:

"1236. All registers intended to record births, marriages and deaths, or religious profession must, before being used be numbered upon the first and every subsequent leaf, with the number of such leaf written in words, at full length, and be scaled with the seal of the Superior Court, or the seal of the Circuit Court, by affixing the same upon the two extremities of a ribbon, or other such fastening, passing through all the leaves of such registers and secured inside of the cover thereof; and upon the first leaf must be written an attestation under the signature of a judge or the prothonotary of the Superior Court of the district or clerk of the Circuit Court of the county which comprises the Roman Catholic parish, church, private chapel or mission, the Protestant church, or religious congregation or society authorized to keep such registers and for which they are to serve and to which they belong, specifying the number of leaves contained in the register, the purpose for which it is intended, and the date of such attestation.

Such certificate cannot, however, be given until the formalities prescribed by special acts with regard to certain religious congregations have been fulfilled." C. C. P., 1236; 32 V., c, 26, s. 1; 36 V., c. 16.

6015. The following articles are added after article 1241:

“1241a. When the registers of civil status of a parish,

or a portion of such registers, have been destroyed by fire or in any other manner, the priest and churchwardens of the fabrique of such parish may, after resolution establishing the loss and destruction of such registers or a portion thereof, cause to be delivered by the prothonotary of the district, in whose office are deposited the registers of civil status of such parish, or having the custody of such registers, a copy of such registers or of any portion thereof which have been destroyed as aforesaid. ˆ32 V., c. 26, ss. 3 and 5; 48 V., c. 25, s. 1.

"12416. Every prothonotary or clerk, having the custody of the registers of civil status of such parish, shall be bound to deliver, within a reasonable time, an authentic copy of such registers or any portion thereof required by the priest and churchwardens of the fabrique of such parish. 48 V., c. 25, s. 2.

"1241c. The priest and churchwardens of the fabrique of any parish, requiring copies of registers or of portions thereof, so destroyed, must furnish the registers and books necessary for such purpose, which must be numbered and initialed in the manner prescribed by article 1236. 48 V., c. 25, s. 3.

"1241d. The fees of any prothonotary for all copies of registers of civil status or of any portion thereof, so required, are as follows: six cents for each certificate of baptism or burial and eighteen cents for each certificate of marriage. 48 V., c. 25, s. 4.

"1241e. The certificate of authenticity of such copies of registers or portion thereof must be delivered by the prothonotary of the district and be inscribed after the last entry in each book or register. 48 V., c. 25, s. 5.

1241f. Every copy of registers, so authenticated and delivered, is considered as an original register; and the extracts, certified by the parish priest, vicar, or priest in charge of the said parish, depositary of the said registers, are authentic; but the parish priest, vicar, or priest in charge is bound to declare, in the extracts which he delivers, that the registers from which they are taken are copies, so certified, of the only existing duplicate. 48 V., c. 25, s. 6.

"1241g. The copy so made of the said registers must be a fac simile of the sole existing duplicate, in so far as it must contain and reproduce all the words struck out, the marginal notes, lengthened lines and interlineations that may be in the latter, as well as the certificate which certifies as to the number thereof, strictly following the same spelling. 48 V., c. 25, s. 7.

"1241h. Any curé, minister or other person authorized to keep registers of civil status may, with the authorization of the ordinary board of the fabrique or of the trustees, as the case may be, at the expense of the parish, church, mission, congregation or religious community, of which he is such curé or minister, replace, in so far as the writing may be deciphered, the said registers of civil status kept up to the year 1800, in his custody, by others reproducing them as exactly as possible. 50 V., c. 18, s. 1.

1241. Every such person so authorized to keep registers of civil status, after having carefully compared such copy made by him with the original, shall affix at the end thereof a certificate attesting that it has been examined and compared and that it agrees with the register of which it is a copy.

Such certificate is made under oath before the prothonotary of the Superior Court of the district.

Such copy shall be authenticated and initialed by the prothonotary before being used. 50 V., c. 18, s. 2.

1241j. Notwithstanding the authenticity of such copy, which shall have the same effect as the original register, the latter must be preserved so that reference may be had thereto." 50 V., c. 18, s. 3.

SECTION XIII

AMENDMENTS TO TITLE FIFTH OF PART THIRD.

OF THE SALE OF IMMOVEABLES BELONGING TO MINORS AND OTHER

DISQUALIFIED PERSONS.

6016. The following subsections and articles are added after article 1278:

"§ 1.-Of the Sale of Securities belonging to Disqualified Persons.

"1278a. In the case of the sale of securities, such as capital sums, shares or interest in financial, commercial or manufacturing joint stock companies or public securities, belonging to minors, interdicted persons or absentees or to substitutions, the judge or the court authorizing such sale, upon the advice of a family council, may, if he or it deem it meet, order that the sale be made, at the current rate upon the stock exchange, by a broker or other person appointed for that purpose, without advertisement or other formalities, and may, when deemed advisable, authorize the gradual disposal, during such delay as shall be determined, of such securities at the current rate upon the stock exchange.

The broker or person appointed must make a report of all sales by him made, and forward it to be deposited

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