(2) Be made by private writing in presence of two witnesses, and be accompanied by the affidavit of one of such witnesses, stating the place and date at which it was passed, the name, residence and occupation of each witness, or—if the witnesses be absent from Québec or dead—by the affidavit of any other person proving the death or absence of such witnesses, and their signatures, or that of the person who so made the transfer;And must contain no resolutory clause or right of redemption, condition, obligation or charge which has not been previously settled or discharged, either actually or by agreement or consent of the parties.