3512. The by-laws of a corporation of a section must not Proviso as to conflict with the by-laws of the general council. by-laws of sections. All such by-laws may be amended or repealed. 49-50 V., Amendment, c. 34, s. 9. &c. 3513. The present by-laws consistent with this chapter re- Present bymain in force until repealed. 49-50 V., c. 34, s. 10. laws. SECTION II. GENERAL COUNCIL. 3514. The powers conferred upon the general corporation by General this chapter are exercised by a council, called the "General Coun- council and eil of the Bar of the Province of Quebec," which is composed thereof. composition of the batonnier and a delegate from each of the sections of Montreal, Quebec, Three Rivers and Saint Francis, of the batonniers of the sections of Arthabaska and Bedford and of each of the sections which may hereafter be established, as well as of the secretary-treasurer of the general council. 49-50 V., c. 34, s. 11. 3515. The general council selects yearly, from among its Officers of members, a president, known under the name of the "Batonnier the council of the Province of Quebec," and selects from amongst the advocates in the Province, of at least ten years' practice, a secretarytreasurer, who is a member of the council and the secretary of the board of examiners. 49-50 V., c. 34, s. 12. 3516. Every act, required to be performed by the secreta- Batonnier or ry-treasurer of the council, may, when he is unable to act, be other person with the same effect performed by the batonnier of the Prov- may perform ince or by the officer appointed by the general council, as assist- retary-treasant to or substitute of the secretary-treasurer. 49-50 V., c. 34, urer. s. 13. duties of sec 3517. As soon as the secretary-treasurer of the general Calling of council is informed of the election of the batonniers of sections meeting of general and of the appointment of the delegates, he convenes the mem- council. bers of the general council by a letter addressed to each of them. The annual meetings of the general council shall be held at Place of Quebec, Montreal, Three Rivers and Sherbrooke according to meeting. the notice calling the meetings. The general council may however determine the place of its Proviso. sittings and where its general or special sittings shall be held. The batonnier and secretary-treasurer may call special meetings, and five members of the council may require the secreta- Special ry-treasurer to convene such a meeting, saving the right of the meetings. general council to otherwise order with reference to the object Proviso. of this article. 49-50 V., c. 34, s. 14. Quorum of council. Decisions. Casting vote of batonnier or presiding officer. Precedence of batonnier. 3518. The quorum of the general council is composed of the majority of its members. Every question submitted shall be decided by the majority of the members present. In addition to his ordinary vote, the batonnier of the Province, or the temporary president elected in his absence, has a casting vote. 49-50 V., c. 34, s. 15. 3519. The batonnier of the Province has precedence over the other members of the bar. 49-50 V., c. 34, s. 16. SECTION III. Quorum at meetings. Calling of ings. SECTIONS AND COUNCIL OF SECTIONS. $1.-Meetings of Sections. 3520. Twenty members form a quorum at meetings of the sections of Montreal and Quebec and eight at those of the other sections. 49-50 V., c. 34, s. 17. 3521. Special meetings of sections may be held and be special meet- called by the secretary, or, in the event of his absence or inability to act, by the syndic, on the order of the batonnier or on the requisition of twenty members in the section of Montreal, of ten members in that of Quebec, and of six members in the other sections. 49-50 V., c. 34, s. 18. Notice of meetings. Councils of sections. Their composition. Quoruun. Casting vote of batonnier or presiding officer. Precedence of batonnier. 3522. Notices of meetings shall be given in accordance with the by-laws and usages of the section. 49-50 V., c. 34, s. 19. $2.-Composition of the Council. 3523. The council of each section is composed of a batonnier, a syndic, a treasurer, a secretary and of councillors elected in the following proportions: Eight for the Montreal section; Eight for that of Quebec; Three for each of the sections of Three Rivers, Saint Francis, Arthabaska, Bedford, and for each new section hereafter formed. The majority of the members of each of the said councils forms a quorum, and every question submitted to the said councils is decided by the majority of the votes of the members present. In addition to his ordinary vote, the batonnier, or temporary president selected in his absence, has a casting vote, both at the meetings of the council and at those of members of the section. The batonnier of the section takes precedence over all the others members of the section. 49-50 V, c. 34, a 20 3524. The council of a section is elected by ballot, by the Election of members of the section qualified to vote, at the annual meeting council. to be held on the first juridical day of the month of May, in each year. The new council enters into office immediately after election. Entry into 49-50 V., c. 34, s. 21. office. 3525. Every member of the Bar is qualified to vote, who Right to has a right to practise and who has paid to the treasurer of the vote. section his subscription and all arrears thereof lawfully due in virtue of this chapter. 49-50 V., c. 34, s. 22. meeting for 3526. If, for any cause whatsoever, an election cannot be Holding of held on the day appointed, it shall take place at a meeting election after specially called by the secretary, or, in his absence, by the day appointsyndic. ed. tonnier to If the secretary or the syndic shall not, by the tenth of May, Duty of bahave given the required notice, it shall be the duty of the batonnier to call such meeting. At any time after the fifteenth of May it may be called by six members of the section. call meeting in certain event. Members may call meeting date. If the election is not held before the first of June, the section after certain ceases to be represented upon the general council and upon the board of examiners; and if the election is not held before the tion not held first of September, the section is ipso facto dissolved. 49-50 V., before certain c. 34, s. 23. 3.--Powers of the Council. 3527. Each council of a section has power: date. General pow ers of council: 1. To pronounce, as the importance of the case may require, To censure, a censure or reprimand against any member of the section guilty of any breach of discipline, or of any act derogatory to the honor or dignity of the Bar, or who is convicted of exercising or of having filled any position or office the occupation of which is incompatible with the profession of advocate, of exercising any calling or trade, of being engaged in any industry, or of carrying on any business, or holding any office inconsistent with the dignity of a member of the Bar, or of having infringed the by-laws of the general council or of the council of his section, 2. To deprive such member of the right of voting and of the To deprive of right of attending the meetings of the section, for any term, in right to vote, the discretion of the council, not exceeding five years. &c., The council of such section may also, according to the gravi- To suspend. ty of the offence, punish such member by suspending him from his functions, for any period whatsoever, in the discretion of the said council, and may deprive him forever of the right of practising his profession. In default of a by-law of the general council applicable to a Decision of particular case, the council of the section decides definitively, council. to the exclusion of all courts, subject only to appeal to the general council, whether the act complained of is derogatory to the Costs. To prevent, honor or dignity of the Bar, or against the discipline of the members, if the position or office is incompatible with the practice of the profession of advocate, and the calling, trade or industry, business or office is inconsistent with the dignity of the profession. The council of the section may, in its discretion, condemn either party to costs or apportion the same. 3. To prevent, reconcile and settle all differences between members of the section, or between advocate and client, concerning professional matters. 49-50 V., c. 34, s. 24. SECTION IV. LIBRARY ASSOCIATIONS. Existing li tions confirm 3528. Every library association, established at a chef-lieu brary associa of a judicial district not constituted a section, is hereby mained, and estab- tained, and one may be established in any such judicial district in which none as yet exists. 49-50 V., c. 34, s. 25. lishment of others provided for. Declaration ry associa tion. 3529. When at least two-thirds of the advocates in one of to form libra- such districts have signed a declaration in triplicate, setting forth that they form themselves into an association to acquire and own a library for their own use and that of the judge in the district, and one of such triplicates has been deposited in the hands of the secretary of the section, another in the hands of the secretary-treasurer of the general council, the third in the hands of the prothonotary of the district, they may present a petition to the general council, praying that the advocates of such district be constituted a library association. Petition to council for such purpose. Effect of tition. If such petition is granted, a copy of the resolution of the granting pe- general council is forwarded to the secretary of the section and to the prothonotary of the Superior Court for the district, and thereafter all the advocates residing in the district or who may thereafter reside therein, constitute a civil corporation for the Name of asso- said purposes, under the name of "The Library Association of (adding the name of the district); which shall have all the powers and rights granted to corporations by law, and may possess immoveables to the value of ten thousand dollars. 49-50 V., c. 34, s. 26. ciation. Powers. Management of affairs. Decision of questions. Quorum. Powers and duties of officers. 3530. The affairs of the association are administered by a committee of management, composed of a president, a secretarytreasurer and three other members. All questions submitted to the committee are decided by the majority of the members present, including the president who moreover, has a casting vote. Three members of the committee form a quorum. The powers and duties of the said officers are, for the purposes of the association, the same as those of the corresponding officers of councils of sections. 49-50 V., c. 34, s. 27. over first 3531. The first general meeting for the election or choice of Who presides the committee is presided over by the senior advocate present, meeting for who, in addition to his ordinary vote, has also a casting vote. election; All subsequent meetings are presided over by the president, Over subseand, in his absence, by a member appointed by the meeting. quent meetings. 49-50 V., c. 34, s. 28. 3532. Such first general meeting is held at the court-house Time and of the district, on the first Monday of the month immediately fol- place for holding first lowing the formation of the association; if such Monday be a meeting. non-juridical day, then on the following day. If the election does not take place on the day fixed, it may If election be be held at any other meeting, specially called by three members not then held. of the association. The quorum of every meeting consists of the absolute majority Quorum. of the members of the association qualified to vote. All the members who have complied with article 3534 are Right to vote. qualified to vote. 49-50 V., c. 34, s. 29. 3533. The committee of management may pass the by-laws By-laws of which it may deem necessary for the purchase, keeping, adminis- committee. tration and management of the library and its other property. 49-50 V., c. 34, s 30. members. 3534. Every member of the association shall, at the time Annual conof the first election, and annually thereafter, pay, previous to tribution by the first of May, and always in advance, to the secretarytreasurer of the association the sum of five dollars, or such other sum determined by the general council. 49-50 V., c. 34, s. 31. members to 3535. After the establishment of the association, the mem- Annual conbers of the Bar, forming part of the said association, shall pay tribution by to the treasurer of the section an annual sum of one dollar treasurer of only or such other sum, from time to time, determined by the section. general council. 49-50 V., c. 34, s. 32. bers who have paid to be section, 3536. It is the duty of the secretary-treasurer of such List of memassociation to forward to the treasurer of his section, on or before the first of May, but previous to the general election, a forwarded to list of all the members of the association who have paid their treasurer of subscription for the following year, as well as all arrears of subscription; he shall send to the secretary-treasurer of the And to secregeneral council, on the fifth day of May in each year, a new list tary-treasincluding the changes made up to the time of its being sent. eral council. 49-50 V., c. 34, s. 33. urer of gen establish 3537. The general council may make different rules for the Rules for establishment of library associations; it may also itself establishment, &c., of and abolish library associations as well as sections, except the library assosections of Montreal, Quebec, Three Rivers and Saint Francis, if ciation. it finds that the funds of the association or of the section are establish and Power to |