Penalty for subsequent offence. Imprison ment in dement of fine. fault of pay Imprison in the latter case, entirely belong to the corporation of the section. 5. In case of a second offence by such prothonotary or clerk after a first condemnation, the above mentioned penalty is forty dollars for each infringement. 6. In default of payment of the said penalty within fifteen days from the rendering of the judgment, such prothonotary or clerk may be imprisoned in the common gaol of the district, for a period of time not exceeding one month, unless the penalty and all the costs are previously paid. In the case of a repetition of the offence, as above mentioned, ment for sub- the imprisonment may extend to two months. sequent offence. ty for acts of deputies or clerks. Proviso. 7. Every prothonotary or clerk is liable for the said penalResponsibilities, in case such documents have been granted or received by his colleague, deputy, officer, employee, or employee of the office, but the imprisonment cannot be pronounced against the prothoonotary or clerk, or against any one of the persons acting jointly in such capacity, unless the document have been received or granted by his colleague, deputy, officer or employee, or by an employee in the office, with his authority or to his knowledge. 8. Every qualified advocate who lends his name to a disqualified advocate, or to any person who is not an advocate, in order to allow him to take legal proceedings, shall be guilty of an act contrary to the discipline of the profession and, as such, be liable to the penalties set forth in article 3527. 49-50 Vc., c. 34, s. 65. SECTION IX. Complaints bers of the bar. COMPLAINTS AGAINTS MEMBERS OF THE BAR. $1.-Procedure on the Complaint. 3569. Any complaint against a member of the Bar, accusing against mem- him of any breach of discipline, or of any act derogatory to the honor or dignity of the profession of advocate, or of exercising or having exercised any profession, trade or industry, or of holding any office incompatible with the dignity and honor of the profession, must be laid and heard before the council of the section to which the accused belongs. To be under oath. council. The complaint is made under oath, taken before the syndic of the section, or, in his default, before the secretary. 49-50 V., c. 34, s. 66. Complaint to 3570. The syndic or, in his default, the secretary, immebe laid before diately lays the complaint before the council, which may refuse to authorize the complaint to be proceeded with, or may by a letter, signed by the secretary, require the presence of the accused party and the complainant before the council at a fixed date. Hearing of parties. The council may then hear both parties if they be present, or if not, the party who appears, and, if the matter permits, may endeavor to reconcile and settle the differences between them. council It may also allow the complainant to proceed on his com- Power of plaint, and it may also allow the party accused, to make a thereon. counter-complaint if the complainant is an advocate; it may, while refusing to permit the complaint to be proceeded with, permit the accused to take action against the complainant; Cross-comand, in every case, require from the person authorized to prose- Security plaint. cute a deposit with the treasurer of a certain sum to be deter- for costs. mined by the council or the syndic as security for the costs of the opposite party. 49-50 V., c. 34, s. 67. plaint. 3571. The syndic shall submit to the council every fact Syndic to subwhich comes to his knowledge and which may form the ground mit comof a complaint against an advocate; the council may call such advocate before it to be heard and authorize the syndie to summon him, in a regular manner, to answer the complaint. In every case in which a complaint is brought at the instance Complaint by of the syndic, it is not necessary that such complaint be sworn syndic need to; it suffices that the facts be set forth in a declaration signed to. by the syndic or by the secretary and annexed to the writ of Allegation of summons. It is not necessary, either, to mention that the coun- authorization cil has authorized such proceedings. 49-50 V., c. 34, s. 68. ry. not be sworn not necessa posit accused 3572. On such permission being granted, and deposit being After permismade if required, the syndic, or, in his absence, the secretary sion and deof the section shall summon the accused to appear and defend to be sumhimself. moned. 2. The defendant is bound to appear and produce all his Appearance pleas within six days from the service of the complaint; the of defendant. complainant has two days to answer, if necessary. Plea. So soon as the issue is joined, either of the parties may Inscription inscribe the case for enquête, on giving four days' notice for enquête. thereof. The enquête is continued from day to day. After it has been closed on both sides, the case is inscribed Inscription for hearing on the merits by the secretary, and, in his default, for hearing. by either of the interested parties. 3. The summons, services, examination of witnesses and the Rules of promode of proceeding at enquête are governed by the rules of the cedure. Code of Civil Procedure for Superior Court cases. 4. If the defendant fails to appear or to produce his pleas, Default to apwithin the said delay of six days, the complainant may inscribe pear or to his case for enquête ex-parte, by giving four days' notice thereof plead. to the defendant. Enquête exparte. ed to plead on 5. The defendant failing to appear or plead may, after one Defendant clear day's notice, on sufficient cause shown, obtain, from the may be allowbatonnier or from the person appointed by the council to try the case, permission to produce his pleas. 6. The complainant and defendant may be represented by an advocate. 49-50 V., c. 34, s. 69. cause shown. Appearance by an advo cate. 3573. The secretary of the section, or in his default any Secretary of person chosen by the batonnier, fulfills all the duties, and is section to be vested with all the privileges and powers, of the prothonotary powers, &c.,of vested with prothonotary of the Superior Court for the purposes of such complaint. 49for such com- 50 V., c. 34, s. 70. plaint. Batonnier to try the case. Powers of person trying case. Enquête 3574. Unless the council appoints another member to act as such, the batonnier is, de jure, the judge to try the case. The judge trying the case has, in what concerns such hearing, all the powers of the Superior Court and the powers of the judge at enquête, saving appeal from his decision at the time of the hearing of the merits only. 49-50 V., c. 34 s. 71. 3575. An enquête clerk, or, with the consent of the parties, clerk and ste- a stenographer, may be employed for the enquête, and the nographer. expenses occasioned thereby shall be, in the discretion of the council, adjudged against either of the parties at the time of the final decision. 49-50 V., c. 34, s. 72. Cross-exami- 3576. The accused party may cross-examine the complainnation of ant on his complaint, and give his own testimony under oath. complainant and evidence 49-50 V., c. 34, S. 73. of defendant. Power to swear witnesses, &c. Recusation of members of Council. Certain offi recused for certain rea 3577. The judge trying the case has power to swear the parties and their witnesses, to compel witnesses to attend and answer under oath, and to punish them in case of refusal by fine or imprisonment, and has, generally, for this purpose, all the other powers of the Superior Court. 49-50 V., c. 34 s. 74. 3578. After the case has been inscribed on the merits, of which four days' notice shall be given to the parties or to their counsel and to the members of the council, it is lawful for the parties to recuse any member of the council present for the hearing, and such recusation is summarily and immediately adjudicated upon by the other members of the council. The syndic cannot be recused simply for the fact of his eers cannot be having brought the complaint and conducted the hearing of the case, nor can the batonnier or any member of the council, from the fact of his being chosen to try the case as aforesaid, be recused for the fact that he has acted as judge at enquête or as clerk. 49-50 V., c. 34, s. 75. sons. 3579. The members of the council deliberate with closed doors; judgment is rendered by the majority of those present, and such judgment is registered in the minutes; the dissenting votes cannot, in any case, be made public, under the penalties set forth in article 3527, and under penalty of dismissal. 49-50 V., c. 34 s. 77. 3580. It is not necessary for all the members of the council who heard the case to be present at the rendering of the judg ment; but it may be rendered in presence of the majority of those members who heard the case. 49-50 V., c. 34, s. 78. 3581. If judgment be not rendered at once, two days' pre vious notice of the day of the rendering thereof is given to the judgment in parties by the secretary. 49-50 V., c. 34, s. 76. certain cases. 3582. No member of the council of the section or of the Members of general council can act as counsel for any of the parties. 49- council not to 50 V., c. 34, s. 79. $2.-Appeals from Judgments. act for 3583. Any party aggrieved may appeal from the final Appeal to judgment and at the same time from the interlocutory judg- general counments which may have been rendered in the case; such appeal is brought before the general council of the Bar of the Province. No judgment of a council of a section can be revised, reversed, annulled or reformed by any other means than such appeal, not even by certiorari. 49-50 V., c. 34, s. 80. 3584. Within fifteen days from the rendering of the judg- Notice of ment, the appellant must give notice of appeal to the opposite appeal. party, and file such notice with the return of service with the secretary of the section. Within thirty days from the rendering of the judgment he Deposit of shall deposit, with the treasurer of the council of the section security for: which rendered the judgment, one hundred dollars as security: 1. For the payment of the expenses of the members of the Expenses of general council on the appeal; 2. For the costs of the respondent. 49-50 V., c. 34, s. 81. council on appeal; Respondent's costs. 3585. The treasurer of the section forwards without delay Deposit to be the deposit made on the appeal to the secretary-treasurer of forwarded. the general council, to be applied to pay the expenses of the general council and the officers thereof. If the appellant obtains judgment for his costs, the expenses Expenses of of the general council form part thereof. 49-50 V., c. 34, s. 82. council, part of costs. notice. 3586. On receipt of the deposit and upon the filing of the Transmission notice within the delay specified, the secretary of the section of record and transmits to the secretary-treasurer of the general council the record together with the notice given by the appellant, also an extract from the registers, and a copy of all judgments and orders rendered and made in the case. 49-50 V., c. 34, s. 83. roll. 3587. On the receipt of the deposit and record, the secre- Inscription tary-treasurer of the general council immediately enters the on appeal case on the roll of appeal, and deposits in the post-office a notice, Notice to be postage prepaid, of such appeal, mentioning the place, day, given. and hour fixed by him for the hearing. Such notice is addressed to the appellant, the respondent, and To whom to to all the members of the general council, who are bound to be be addressed. present on the day and at the hour specified to attend such hearing, which cannot take place before the expiration of the ten days following the posting of such notice. 49-50 V., c. 34, bers cannot Certain mem- 3588. No member of the council of the section, who took sit on appeal. part in the trial or in the judgment of the council of the section, can sit on such appeal. 49-50 V., c. 34, s. 85. Rendering judgments. Adjournment in certain cases. Judgment to be confirmed in certain cases. Power of general council on appeal. Judgment to be final. Council may ful party cer 3589. The judgment is rendered in the same manner, and with the same formalities as the judgment of the council of a section; a majority of the members present is sufficient to confirm the judgment, but the concurrence of the absolute majority of the general council, qualified to sit in the case, is necessary to reverse or modify the judgment. In the event of the majority of the members being of opinion that the judgment should be set aside or amended, and of such majority not being an absolute majority of the members of the general council competent to sit in the case, the council shall adjourn and fresh notices shall be given; if the judgment appealed from is not set aside or amended at the second sitting by the required majority, it is considered to be confirmed without costs. 49-50 V., c. 34, s. 86. 3590. The general council may either confirm the judgment appealed from, purely and simply, or render such judgment as should have been rendered by the council of the section, and, in the manner which it may deem equitable, award costs, as well in the first instance as on the appeal. Such judgment is final and cannot be revoked, reversed or annulled by any other tribunal whatever, not even by certiorari. The council may, in giving judgment on an appeal, order allow success that a sum adjudged by it shall be paid to the successful party tain sum for by the party condemned, to indemnify him for his personal costs and expenses on the said appeal. 49-50 V., c. 34, s. 87. personal costs, &c. Record and Tariff of fees, tary. 3591. The judgment of the general council and the record are immediately returned to the secretary of the section whence the record was received; the judgment is registered in the registers of the section and shall be carried into execution as the judgment of the council of the section. 49-50 V., c. 34, s. 88. $3.-Secretaries' Fees and Costs. 3592. A tariff of fees, payable to the secretary of the &c., for secre- section and to the secretary-treasurer of the general council, may be prepared by the general council and by it amended or repealed; in the absence of such tariff, the council of the section or the general council may, by its judgment, determine such fees. 49-50 V., c. 34, s. 89. Bill of costs in appeal. Payment of costs, &c. 3593. The secretary-treasurer of the general council forwards, with the record, a bill of costs on the appeal taxed by him, pays to the respondent or to his attorney, if need be, his costs of appeal and expenses before the council of the section out of the balance of the deposit in his hands, or forwards it |