Possession cannot lawfully be taken by virtue of the decision of a judge, where the premises are not unoccupied, or the fact that they are vacant has not been established in a city, by the evidence of executive officers; and in the provinces, by that of those defenders of the people who are the nearest to the locality. Again, every time that anyone in the provinces desires to take possession of property under the terms of a contract, documents evidencing the delivery of possession shall be drawn up before the defenders of cities, as soon as he who makes the delivery, and the master of the serfs, or the person entitled to the said documents, have agreed. When there are no defenders, the said documents shall be executed in the presence of the Governor, or even before the bishop, if the Governor should be absent from the place where delivery is made.