Page images
PDF
EPUB

It may simply express an opinion respecting the damages which may thence arise. 46 V., c. 32, s. 162.

3766. It may summon any notary before it or before its May summon committees. 46 V., c. 32, s. 163.

any notary before it.

3767. According to the gravity of the offence and in accord- Punishes noance with the provisions of this chapter, through the committee tary found guilty. on discipline, it punishes every notary found guilty of contravening its provisions, by imposing the disciplinary penalties defined and enumerated in this chapter, without prejudice to recourse to the courts of law, if need be.

Without recourse to any proceedings, it imposes, in its discretion, similar penalties summarily upon any notary who renders himself amenable thereto in the meeting-room of the Board during its sittings. 46 V., c. 32, s. 164.

3768. It maintains internal discipline, among notaries, and Maintain infinally awards censure or enforces other disciplinary penalties. ternal disci46 V., c. 32, s. 165.

pline among notaries.

3769. The Board of Notaries may adopt, for the members Board may of the profession, the design of a seal representing, in a for members. adopt seal uniform manner, the arms of the Province. 46 V., c. 32, s. 166.

3770. The use of such seal, upon deeds en brevet, copies of Use of such and extracts from notarial deeds, shall be obligatory upon nota- seal. ries admitted after the Board shall have ordered the same by by-law, and optional for those who were admitted before that time. 46 V., c. 32, s. 167.

3771. The Board of Notaries may make, increase, reduce Tariffs of fees or otherwise alter, from time to time, the tariffs of fees which for notaries. notaries may exact for professional services. 46 V., c. 32, s. 168.

when they en

3772. Such tariffs and the amendments thereto enter into Tariffs and force, only after having been approved by the Lieutenant- amendments, Governor in Council, fifteen days after the last publication ter into force. thereof in four consecutive numbers of the Quebec Official Gazette. 46 V., c. 32, s. 169.

3773. The Board of Notaries is bound to print, for the use Board of Noof practising notaries, each tariff, alteration or amendment, and taries bound to print, address to each of them by mail, as well as to each of the tariff, amendprothonotaries of the Superior Court, a copy authenticated by ments, &c. the signature of one of the secretaries.

The prothonotaries must keep the same posted up in a conspicuous place in their offices. 46 V., c. 32, s. 170.

&c.

3774. The Board may by by-law make and modify the Tariff of fees tariff of fees to be paid to its officers and to those of the for officers standing committees, for all the services required of them in the performance of the duties of their office. 46 V., c. 32, s. 171.

Tariffs of fees and cost before. commit

3775. The Board is authorized to make and modify tariffs of fees, as well for the costs of proceedings in the first instance, tee on disci- before the committee on discipline, as for the costs in appeal, before the Board. 46 V., c. 32, s. 172.

pline, &c.

Copies of tariffs and amendments, when authentic.

Notaries' annual subscription.

By-law may diminish or

restore amount.

Arrears of

subscriptions.

Subscrip

་་

3776. Copies of the tariffs and amendments, mentioned in this subsection as well as the extracts therefrom, certified to be true and purporting to be signed by one of the secretaries of the Board, are authentic and are evidence of their contents before all courts of justice. 46 V., c. 32, s. 173.

$4.--Subscription to and Finances of the Board.

3777. In order to defray the expenses of the Board, each practising notary, as well as every one who has kept his minutes or who has not transmitted the declaration required by article 3634, shall pay, in advance, each year, on the first of March, at the office of the treasurer of the Board, a subscription of four dollars. 46 V., c. 32, s. 174.

3778. The subscription may be diminished or restored to the original amount by a by-law adopted by an absolute majority of the Board. 46 V., c. 32, s. 175.

3779. The arrears of subscriptions, to be paid into the common funds of the late District Board of Notaries and the Provincial Board of Notaries and of the Board of Notaries are the property of the Board of Notaries and are payable at the office of its treasurer. 46 V., c. 32, s. 176.

3780. The subscription, fixed or diminished as provided for tions, arrears, in articles 3777 and 3778, and the arrears of former sub&c., how recoverable. scriptions mentioned in the preceding article, are recoverable, both from the notary in arrear and from his heirs and representatives, by the syndic, in the name of the Board of Notaries, before the Circuit Court, sitting at Quebec or at Montreal. 46 V., c. 32 s. 177.

Initials of de

fendant's

Christian

names sufficient.

Allegation

3781. In every such action it is sufficient to give the initials of the defendant's Christian names as they appear on the table of notaries. 46 V., c. 32, s. 178.

3782. It is likewise sufficient to allege that the notary, who that notary is is the defendant, is, or his heirs or representatives are, indebted to the Board of Notaries, for the years' subscriptions demanded of him or them. 46 V., c. 32, s. 179.

indebted to

Board, also sufficient.

Statement of account of notary, bearing seal of

Board, &c.,

receivable as

prima facie

evidence.

3783. The statement of account of a notary, whose subscription or arrears are so demanded (from him or from his heirs) bearing the seal of the Board and appearing to be signed by its treasurer, shall be received in all courts of justice as prima facie evidence of its contents and may be filed at any stage of the suit before the proof is closed. 46 V., c. 32, s. 180

3784. The fiscal year for the Board of Notaries commences Fiscal year. on the first of March. 46 V., c. 32, s. 181.

3785. The treasurer renders an account yearly, at the Treasurer beginning of the sitting in May, for the past fiscal year. 46 V., shall render c. 32, s. 182.

yearly ac

count.

3786. A statement of the receipts and expenditure is Statement of afterwards transmitted by the treasurer, during the course of receipts and expenditure. the month of May in each year, to every practising notary entered on the table. 46 V., c. 32, s. 183.

SECTION VII.

GENERAL TABLE OF NOTARIES.

3787. The two secretaries jointly prepare during the month Secretaries of October, every three years, from the month of October in jointly prethe year one thousand eight hundred and eighty-five, a general table. table of all the notaries of the Province. 46 V., c. 32, s. 184.

3788. This table contains :

1. The names and surnames of all practising notaries;

2. The names and surnames of all notaries not then entitled

to practise their profession;

3. The names and surnames of the notaries who have died

since the preparation of the previous table;

4. The list of greffes deposited with the various prothonotaries

of the Province. 46 V., c. 32, s. 185.

pare general

Contents.

3789. The first part, containing the names of the practising First part. notaries, is made in alphabetical order, by districts and by names, mentioning the date of the commission, and the residence of each notary, as well as the greffes of which he is the depositary. 46 V., c. 32, s. 186.

3790. The second part, containing the names of notaries, Second part. who have not the right to practise, is also made in alphabetical order, by districts and by names, and mentions the date of the commission, and the residence of all the notaries who, at the time of the preparation of the list, do not practise, either voluntarily or because they are suspended or interdicted, or exercise one of the offices mentioned in article 3632 of this title, or because they have embraced one of the professions mentioned in article 3631, and opposite their names, the reason for which they do not practise, and the name of the person with whom their greffes are deposited. 46 V., c. 32, s. 187.

3791. The third part, containing the names of the notaries Third part. who have died since the preparation of the previous table, is also made in alphabetical order, by districts and by names, and mentions the date of the commission, and the place of the last

Fourth part.

Other information may be inserted.

Copy of table to be sent practising notaries.

Errors and

omissions in table, how corrected.

Secretaries,

transmit sup

residence of all the notaries so deceased, and the name of the person with whom their greffes are deposited. 46 V., c. 32,

s. 188.

3792. The fourth part, containing the list of all the greffes deposited with the various prothonotaries of the Province, is also made in alphabetical order, by districts and by names, and mentions the years during which the notaries whose greffes have been deposited have practised. 46 V., c. 32, s. 189.

3793. The Board of Notaries may, by by-law, order that such other information and details of interest to the profession be inserted in the table. 46 V., c. 32, s. 190.

3794. The secretaries transmit, without delay, by mail a copy of such table to all practising notaries, as well as to the prothonotaries and registrars. 46 V., c. 32, s. 191.

3795. Errors and omissions in the table are corrected by means of circulars, indicating the changes and additions to be made, prepared by the secretaries and addressed by mail to all those who are entitled to receive the table, who shall correct the table accordingly. 46 V., c. 32, s. 192.

3796. In the interval between the preparation of the tables, each October, the secretaries transmit, during the month of October in plementary every year, to all who are entitled to receive the same, a table to those supplementary table, showing the additions and changes which have occurred since the preparation of the last table or supplementary table. 46 V., c. 32, s. 193.

entitled.

Tables, where placed.

Every notary

domicile,

3797. The tables are placed by those who receive them in a conspicuous place in their offices. 46 V., c. 32, s. 194.

3798. Every notary, who changes his domicile to another changing his locality, shall, within thirty days after such change, transmit to one of the secretaries of the Board a declaration mentioning such change. (Schedule No. 10.) 46 V., c. 32, s. 195.

must notify

secretary.

[blocks in formation]

3799. The secretaries, on or before the first of March in each year, are bound to transmit to the treasurer a list, certified by them, of the declarations they have received during the course of the year. 46 V., c. 32, s. 196.

3800. The treasurer is bound to assist the secretaries in preparing the tables, and the members and officers of the Board, when called upon to do so, must give them all the information in their power. 46 V., c. 32. s. 197.

SECTION VIII.

ADMISSION TO THE STUDY AND TO THE PRACTICE OF THE PROFESSION.

§1.-Admission to Study.

3801. British subjects only, of the male sex, shall be Persons adadmitted to the study of the notarial profession. 46 V., c. 32, mitted to study. s. 198.

3802. In order to be admitted to the study of the notarial Conditions of profession, the candidate must also have received or concluded admission. a complete course of classical and scientific studies, in French or English, in an incorporated institution, within or without the Province, in which a complete course of such studies is taught. 46 V., c. 32, s. 199.

ed required

3803. The production before the Board of Notaries of a Proof of havcertificate from the principal or superior of the institution, ing completwherein the candidate has studied, is proof of his having course of completed the course of studies required by the preceding studies. article. (Schedule No. 11.) 46 V., c. 32, s. 200.

3804. The certificate shall enumerate all the classical and Certificate to scientific subjects taught in the institution, and shall bear its enumerate all seal.

classical and scientific sub

in institu

If the institution do not possess a seal, the signature of jects taught the principal or superior shall be authenticated by a notary. tion. (Schedule No. 11.) 46 V., c. 32, s. 201.

3805. The candidate, having the qualifications required by Other condi the four preceding articles, must also undergo a public exami- tions. nation before the Board upon his classical and scientific attainments, and upon his knowledge of the French or English languages. 46 V., c. 32, s. 202.

examination.

3806. Before being allowed to go up for his examination, how- Notice, before ever, the candidate must give notice in writing to one of the going up for secretaries of the Board, thirty days at least before the sitting at which he intends to present himself. (Schedule No. 12.) 46 V., e. 32, s. 203.

3807. Such notice must state the name, surname, age, and What notice residence of the candidate for study, and the institutions and must state. places where he has been educated; if he have filled any office or exercised any function, trade, industry, business or calling whatsoever, he shall also state it in detail. (Schedule No. 12.) 46 V., c. 32, s. 204.

3808. The examination is held publicly, at any ordinary Examinasitting of the Board, in writing and vivâ voce according to the

« PreviousContinue »