ries exempt 3611. In addition to the exemption mentioned in article Certain pro556 of the Code of Civil Procedure, the greffes of notaries, the perty of notagreffes which have been transferred to them, their safes and from seizure. law books are not liable to seizure, except in the cases provided for by this chapter. 46 V., c. 32, s. 7. 3612. A notary, who passes a deed, is not obliged to Notary not inform the contracting parties of any fact within his know- obliged to inledge. form con tracting par fact within With the exception of his own acts, he is not the war- ties of any rantor of anything recited in the deed passed before him; he his knowis not even bound to declare the debts, the titles of which were ledge, &c. previously passed before him. 46 V., c. 32, s. 8. 3613. Notaries may prepare the proceedings specified in Notaries may the third part of the Code of Civil Procedure, and submit the prepare proceedings spesame to the judge or to the prothonotary; and may even sign, cified in part in the name of the petitioners, all petitions necessary for such third of the proceedings. 46 V., c. 32, s. 9. Code of Civil 3614. Notaries are entitled to emoluments or fees for the Emoluments deeds which they execute, and the professional services they and fees of render, over and above their costs and expenses. 46 V., c. 32, s. 10. notaries. 3615. These fees are regulated by the tariffs, made in How fees are accordance with the provisions of this chapter, and in default of regulated. such tariffs, by valuation before the court by one or more members of the profession. 46 V., c. 32, s. 11. cluded in 3616. In the class of professional services, susceptible of What are inemoluments and fees, are included amongst others, travelling professional expenses, vacations, written and verbal consultations, and exami- services. nation of deeds and papers. 46 V., c. 32, s. 12. vices. 3617. The oath of the notary is admitted as to the notarial Oath of notaservices having been required, and the nature and duration of ry as to serthe services rendered; but such oath may be refuted in the same manner as any other testimony. 46 V., c. 32, s. 13. can sue for 3618. No person other than a practising notary can sue Only practisfor any fees for drawing up and preparing writings under ing notary private seal (sous seing privé), affecting immoveables and fees for prerequiring to be registered, and passed in a municipality in paring writings affecting which there is a practising notary, resident therein during the immoveables. preceding six months. 46 V., c. 32, s. 14. 3619. Parties to deeds, executed before a notary, are jointly and severally liable for his disbursements and fees. Liability of parties to deeds execut ed before a This provision, in cases of deeds of composition and discharge in matters of insolvency, applies only to parties who have given notary for instructions to have them prepared. 46 V., c. 32, s. 15. cost thereof. Furnishing of copies, &c., 3620. The furnishing of copies, extracts, title-deeds or deeds. of any nature whatsoever, is not to be considered a presumption sumption of of the payment of the costs and fees of the notary. 46 V., c. 32, s. 16. not a pre payment of fees. Notary not original. 3621. Notwithstanding article 3671, so long as the first of a deed has not been delivered, no notary is bound to copy furnish copies or extracts to the parties, or even to third parties, if he has not been paid his fees for drawing up the original minute, if at the time prescription has not been acquired. 46 V., c. 32, s. 17. SECTION III. General duties of notaries. Table of interdicted persons to be kept posted in their offices. DUTIES OF NOTARIES. §1.-General Duties. 3622. The chief duties of notaries, in addition to those above mentioned, or which may be contained in any other provisions of this chapter, are: 1. To have a suitable place in which to hold their offices and to keep their originals, repertories and indexes in a proper state of preservation; 2. To keep exposed in their office the table of interdicted persons and the general table of notaries; 3. To make the declarations required by law; 4. To keep their repertories and indexes in the form hereinafter prescribed; 5. To pay the annual subscription; 6. To submit to the orders and regulations of the Board; 7. To accept the office of member or officer of the Board; 8. To avoid all occasion of disputes and maintain the most perfect courtesy in their relations to each other; 9. To keep secret the confidences made to them professionally; 10. To observe, in the practice of their profession, the rules of the most scrupulous honesty and impartiality. 46 V., c. 32, s. 18. $ 2.-Table of Interdicted Persons. 3623. Every notary is bound to keep, exposed in his office, after the notice which the clerk or prothonotary of the district, wherein he keeps his office, is bound to give him without delay, gratuitously, a roll in which are entered the names, qualities and places of residence, of all persons, within the limits of the district in which he resides, who are either interdicted, or to whom a judicial adviser has been appointed, also the names of the curators or judicial advisers given to such persons, together with mention of the date of the judgments relating thereto. 46 V., c. 32, s. 19. $ 3.-Repertories and Indexes. minute. 3624. Notaries are obliged to have and to keep in good Repertories order and in a proper state of preservation a repertory of all to deeds en deeds passed by them en minute in which they are to enter, consecutively, their dates and numbers, their nature or kind and the names of the parties. 46 V., c. 32, s. 20. how entered 3625. Accessory instruments, executed at the end of the Accessory inprincipal deed, are entered in the repertory by order of date strament, with the other minutes, by merely indicating the number of the in repertory. principal deed, after the entry of such accessory instruments. 46 V., c. 32, s. 21. 3626. With the same care, notaries must make and preserve Index to an index to the repertory. 46 V., c. 32, s. 22. repertory. 3627. Notaries may keep a special repertory, with or Notaries may without an index, as they choose, for notes and protests of bills keep special of exchange and bills and other papers of a commercial nature. notes and pro46 V., c. 32, s. 23. repertory for tests, &c. 3628. The deeds, entered in such repertory, bear a series of Deeds therein numbers different from those which are to be entered in the entered bear ordinary repertory and index. 46 V., c. 32, s. 24. different cumbers. SECTION IV. DISABILITIES AND DISQUALIFICATIONS OF NOTARIES. 3629. A notary cannot keep his office in the offices of Places where prothonotaries, sheriffs or registrars. a notary may not keep his This provision does not apply to the registrars appointed office. before the first of January, 1874, or to those appointed before that date, who have since been appointed joint-registrars. 46 V., c. 32, s. 25. 3630. The profession of a notary is incompatible with that Incompatibiof an advocate, physician, or land surveyor. 46 V., c. 32, s. 26. lity of certain professions. 3631. Notaries, who become advocates, physicians or land Deposit of surveyors, can no longer practise the profession of notary, and greffes by must deposit or transfer their greffes without delay. 46 V., certain nota c. 32, s. 27. 3682. Notaries, who are appointed sheriffs, deputy-sheriffs, prothonotaries, deputy-prothonotaries, registrars, or deputyregistrars, are also forbidden to practise the profession of notary. This provision does not apply to notaries appointed registrars Not applicabefore the first of January, 1874, or to those among them after- ble to certain wards appointed joint-registrars. 46 V., c. 32, s. 28. notaries. Notary appointed to certain offices 3633. Any notary appointed to one of the offices, mentioned in the preceding article, whatever may be the date of may keep mi- his appointment, may, however, keep his minutes, repertory and index and deliver copies or authentic extracts therefrom. V., c. 32, s. 29. nutes, &c. Notary, adnitted to other profession, continues liable to pay subcription. On ceasing to fill certain 46 3634. A notary, who has been admitted to the profession of advocate, physician or land surveyor or appointed to one of the offices mentioned in article 3632, continues to be liable to pay the subscription to the Board of Notaries, until he has given notice to one of the secretaries of the Board of his admission or appointment, together with a certificate of the deposit or transfer of his greffe. 46 V., c. 32, s. 30. 3635. Any notary, appointed to any one of the offices menoffices, notary tioned in article 3632, may, if he comply with the conditions may re-enter required by article 3706, re-enter upon the practice of his upon notarial profession as a notary, so soon as he has ceased to fill the office practice. Idem. of prothonotary, deputy-prothonotary, sheriff, deputy-sheriff, registrar or deputy-registrar, upon transmitting a notice to that effect to one of the secretaries of the Board. (Schedule No. 1). 46 V., c. 32, s. 31. 3636. The same rule applies when a notary, who has voluntarily ceased to practise, wishes to resume the exercise of his profession. 46 V., c. 32, s. 32. SECTION V. Notarial deeds. Notaries may deeds, &c., ou NOTARIAL DEEDS, MINUTES, COPIES AND EXTRACTS; THEIR $1.-Notarial Deeds. 3637. Notarial deeds are such as are executed before one or more notaries. They are considered authentic and of themselves make proof of their contents in law. 46 V., c. 32, s. 33. 3638. Notaries may lawfully, if they so wish, draw deeds, draw certain make and date acts of voluntary jurisdiction on Sundays, ftes Sundays, &c. d'obligation and legal holidays; they cannot do so in acts of contentious jurisdiction. 46 V., c. 32, s. 34. deeds authen Except wills, 3639. Deeds, passed by a notary who is related or allied tic passed by to either of the parties in any degree, are none the less authentic, saving the provisions of article 845 of the Civil Code, with respect to wills. 46 V., c. 32, s. 35. & notary related to parties. Notary party to deeds. 3640. A notary cannot execute a deed or contract in which he is one of the contracting parties. 46 V., c. 32, s. 36. 3641. Notaries themselves are not bound to write the deeds Blanks may which they receive; they may use printed or written blanks. be used. 46 V., c. 32, s. 37. of commercial 3642. Commercial firms, whose declarations have been depo- Designation sited at the place prescribed by law, are sufficiently designated firms. by the name of the firm, and may act in any notarial deed, under the name of such firm, mention being made in the deed of the place where they carry on business, and the names, additions and residences of such of the partners as represent them. 46 V., c. 32, s. 38. 3643. The names, calling and residences of the parties Names, &c., must be known to the notaries or be certified in the deed by a of parties person of full who is known to them, and is able to write. known to noage, 46 V., c. 32, s. 39. must be taries or certified to. 3644. Notarial deeds must be written on good foolscap Description paper, with good ink, without abbreviations, blanks or spaces of paper, &c., not filled up by a stroke of the pen. to be used. Sums, dates and numbers, which are other than simple Dates, &c. indications or references not absolutely essential, must be written in full. 46 V., c. 32, s. 40. notarial dee ). 3645. Every notarial deed must specify the name, official What must be quality and place of residence, and contain the signature of the specified in notary who executes it; the names, qualities and domiciles of the parties, with a description of the procurations or authorizations produced; the presence, the name, official quality, residence, and signature of the assisting notary; the presence, the names, quality and residence of the requisite witnesses; the place where the deed is passed; the number of the minute; the date of the deed; the fact of the reading of the deed; the signature of the notary or notaries and witnesses, and of the parties, or their declaration that they are unable to sign, and the cause thereof. 46 V., c. 32, s. 41. 3646. The locality, where the deed is passed, is sufficiently How locality indicated by specifying the city, town, parish or other place. where deed 46 V., c. 32, s. 42. passed to be indicated. 3647. Whenever a deed, to which several persons are When there parties, has been signed or executed by each of them on different is a plurality of dates. days and at different places, it is lawful for the notary to specify such plurality of dates and places by mentioning that, as regards such party, the deed was signed or executed, on such a day and at such a place, and that, as regards such other party, it was also signed or executed on such a day and at such a place. The deed shall not be closed and signed by the notary, save on the day of the last signature thereof. 46 V., c. 32, s. 43. 3648. There must not be, in the body of the deed or in the In the case of marginal or foot notes, any words written-over, or any inter- interlinea |