1. Does not keep a repertory or index; or

2. That he does not keep the same in accordance with the provisions of this chapter; or

3. Does not number or sign his minutes regularly; or

4. Does not keep them in a good state of preservation; or 5. Keeps no regular study or office in which to preserve his minutes. (Schedule No. 18). 46 V., c. 32, s. 242.

3846. Such inspection is made by one or more practising Inspection notaries, not exceeding three, selected by the Board from amongst made by one the notaries who are not members of the Board. 46 V., c. 32, s. 243 tising nota

to three prac

ries.

3847. The notaries so appointed to inspect a greffe cannot Notary not to be compelled to inspect more than one greffe during any than one inspect more one triennial term of the Board. 46 V., c. 32, s. 244.

greffe.

3848. The inspectors, before proceeding to inspect a greffe, Thirty days' shall give notice by registered letter, posted at least thirty notice must days beforehand, to the notary whose greffe is to be inspected, notary whose of the day and hour at which such inspection shall be made. greffe is to be (Schedule No. 19.) 46 V., c. 32, s. 245. inspected.

whose geffe

3849. Before being permitted to make their inspection, the Official notice inspectors shall deliver to the notary, whose greffe is to be to notary inspected, an official notice to that effect from the syndic. is to be in(Schedule No. 20.) 46 V., c. 32, s. 246.

spected.

shall What inspee

3850. The inspection and report of the inspectors cover everything which may give rise to inspection of a greffe under article 3845; but shall not go beyond that.

At the time of the inspection, and at the time of taking into consideration the report of the inspector by the Board, the complainant is allowed to prove that at the time he brought the complaint it was well founded. 46 V., c. 32, s. 247.

tion and re

port shall cover.

under oath of

3851. The report is made to the Board under the profes- Report made sional oath of office of the inspecting notaries. 46 V., c. 32, s. 248. office.

necessary.

Board there

on.

3852. The Board upon such report adopts such proceedings Action of as may be 46 V., c. 32, s. 249. 3853. The notary inspecting a greffe is entitled to recover Indemnity to from the Board, upon a certificate of the secretary to whom he notary inspecting has transmitted his report, the same indemnity and travelling greffe. expenses as members of the Board. 46 V., c. 32, s. 250.

wholly or

3854. On the day and hour indicated for the inspection, if If right to the door of the domicile of the notary whose greffe is to be inspect be inspected, be closed, or if entrance thereto be refused, or if his partly reoffice be apart from his domicile and the door thereof be closed, fused. or if entrance thereto be refused, or if the inspection be otherwise either wholly or partially refused, the inspectors at once report the same to the syndic. 46 V., c., 32, s. 251.

Suspension of notary refus ing to be applied for.

Costs.

Provisions of

3855. On such report the syndic immediately gives, by registered letter, notice to the notary who has refused the inspection, that he will apply for his suspension at the next ensuing meeting of the Board, unless in the interval he submits to such inspection and pays the costs thereof. (Schedule No. 21.) 46 V., c. 32, s. 252.

3856. Such costs include the fees of the syndic and the indemnity and travelling expenses for the second journey made by the inspectors. 46 V., c. 32, s. 253.

3857. The provisions of article 3841 apply to the notice 3841 apply to required by article 3855. 46 V., c. 32, s. 254.

3855.

Committee

3858. The Board, at the meeting following such notice or at any subsequent meeting, may, by an order, without any other formality, suspend the notary, who refused to allow the inspection, until he submits to the same and pays the costs as specified by article 3856, as well as all the costs incurred for his suspension and in relieving him therefrom. (Schedule No. 22.) 46 V., c. 32, s. 255.

$4.-Committee on Discipline.

3859. At the meeting held in October in each year, the on discipline, Board appoints five of its members to constitute a committee to investigate, hear and decide, in the manner and form hereinafter provided, all accusations or complaints against any notary for breach of his professional duties or for any act derogatory to the honor of the profession. 46 V., c. 32, s. 256.

Name.

Quorum and secretaries.

When powers

of comittee

lapse.

Committee. having heard

an accusa

tion, must render judg

ment.

Grounds of recusation

3860. Such committee is known under the name of the "Committee on Discipline."

Its quorum is three, and the secretaries of the Board or their deputies, as the case may be, act as clerk ex-officio. 46 V., c. 32, s. 257.

3861. The powers of such committee lapse at the annual meeting which follows its appointment; the members who compose it are, however, eligible for re-election, if they are qualified and consent thereto.

Nevertheless the committee, which has heard an accusation on the merits, must render judgment, notwithstanding the expiration of its mandate. 46 V., c. 32, s. 258.

3862. The grounds of recusation against judges, set forth in articles 176 and 177 of the Code of Civil Procedure, apply that apply to members of to the members of the committee on discipline, and, if the committee on recusation be admitted by the committee, it replaces the recused discipline. member under the provisions of article 3867. 46 V., c. 32, s. 259.

himself from

3863. Any member, who, without valid reason, absents Member himself from the meetings of the Board of Notaries or of the absenting committee on discipline, is liable to disciplinary penalties. 46 Board, &c. V., c. 32, s. 260.

3864. The absence of a member of the committee on How absence

discipline is established by the minutes of the meetings of such established. committee, in which are entered the names of the members present at each meeting. 46 V., c. 32, s. 261.

3865. The absence of a member of the committee, so Absence of established, is the only proof required to authorize the committee member of committee, so to impose disciplinary penalties upon him, such member having established, is been previously heard or duly summoned, according to the the only proof rules which the Board may make, from time to time, in reference thereto; saving an appeal to the Board by the member condemned. 46 V., c. 32, s. 262.

required.

3866. In the event of appeal by the latter, the appeal is Appeal. proceeded with as hereinafter prescribed for the ordinary appeal from a judgment of the committee on discipline. 46 V., c. 32, s. 263.

be decreed.

3867. If suspension be decreed and the members present If suspension still form a quorum of the committee, they may appoint a substitute duly qualified in this respect, so as not to retard the trial and decision of any case then pending; if otherwise, it is necessary to wait till the Board appoints such substitute as in the case of an ordinary vacancy in the committee. 46 V., c. 32, s. 264.

ers of member

3868. The powers of the members, appointed to fill such Lapse of powvacancies, lapse with those of the committee itself. 46 V., c. filling vacan32, s. 265.

cies.

or Montreal, whenever

3869. The committee shall sit at Quebec or Montreal Committee whenever so required by its chairman, by two of its members, sits at Quebec by the syndic, or by one of the secretaries of the Board. It is the secretary of the place in which the sitting is to be required. held, or his deputy, who acts ex-officio as clerk of the committee. 46 V., c. 32, s. 266.

authorized to

3870. The Board is authorized to make rules for defining Board and the proceedings for convening the committee, and the latter Committee has power to make rules to regulate its proceedings and the make rules. procedure to be adopted before it. 46 V., c. 32, s. 267.

honor of the

3871. In addition to acts which the Board or the committee Acts derogaon discipline may, as occasion arises, declare derogatory to the tory to the honor of the profession, the following are expressly declared to profession. be such :

1. The acceptance of money or any other reward, or the promise of money or any reward whatever, by a member of

Suspension of notary.

Disciplinary penalties.

Imposition of

the Board, for contributing or having contributed towards causing any proceeding or decision whatsoever to be adopted by the Board;

2. Any agreement or convention made with the object of paying back any portion of the fees to third parties;

3. Bringing an accusation against a fellow member of having committed an act derogatory to the profession, declared frivolous and vexatious by the committee on discipline;

4. Habitual drunkenness :

5. Revealing secrets confided to him in his professional capacity;

6. Embezzling or employing, for a purpose other than that specified by the depositor, any moneys deposited with or handed to such notary in the exercise of his profession or otherwise;

7. Appropriating moneys deposited with or handed to such notary in the exercise of his profession or otherwise; 8. The commission of a crime or felony legally proved and followed by a final sentence of a competent court. 46 V., c. 32, s. 268.

3872. It is lawful for the committee on discipline to remove from office or suspend any notary who is legally convicted :

1. Of having joined with his profession any of the professions declared, by article 3631, to be inconsistent with that of a notary.

2. Of having joined to the exercise of his profession that of the other public offices, the exercise of which is by article 3632 declared to be inconsistent therewith. 46 V., c. 32, s. 269.

3873. The disciplinary penalties, which may be imposed according to the gravity of the breach of discipline or of the act derogatory to the honor of the profession, are:

1. Deprivation of the right of voting at elections of members of the Board, as also at the general meetings of notaries during a certain period;

2. Deprivation of eligibility to the office of member of the Board;

3. Deprivation of the right of a member of the Board of sitting at one or more meetings;

4. Censure;

5. Forfeiture of membership of the Board;

6. Suspension from the right of practising the profession of a notary, which ipso facto removes him from membership of the Board:

7. Removal from the office of notary. 46 V., c. 32, s. 270.

3874. All penalties, other than removal from the office of penalties. notary, are imposed separately or simultaneously. 46 V., c. 32,

Deposit unnecessary.

s. 271.

3875. In no accusation, made to the syndic or brought

before the committee on discipline, is a deposit necessary; but the complainant and the accused must, as the case progresses and before they are incurred, disburse the costs and fees fixed by the tariff. 46 V., c. 32, s. 272.

3876. The costs, incurred in the suit, are taxed in the judg- Taxing of ment against the party liable for the same, at the discretion of costs. the committee. 46 V., c. 32, s. 273.

3877. Such costs are taxed according to the tariff estab- Costs how lished by the Board as well for costs incurred in the first taxed. instance as for those in appeal. 46 V., c. 32, s. 274.

3878. The costs, taxable according to such tariff, are the What costs travelling expenses of the members of the committee on dis- are taxable. cipline, of its delegate, of the examiner, of the secretaries of the Board or their deputies, acting as such or as clerks of the committee, of the syndic, of the counsel of the parties, of the enquête writers, if any have been employed, of the bailiffs and of the witnesses. 46 V., c. 32, s. 275.

allow a fee for

3879. If a fee be not provided in the tariff for any neces- Board may sary or useful service rendered in relation to a case, the com- services not mittee, its delegate or the Board, according to circumstances, provided for may allow a fee for such service and tax the same against such in tariif. of the parties as they may deem meet. 46 V., c. 32, s. 276.

§ 5.-Complaints against Notaries.

3880. Whenever the syndic receives, on the oath of one or Complaint more credible persons, (the oath to be administered by a justice against a of the peace,) a complaint against a notary, respecting the notary. honor, dignity or duties of the profession, he forthwith lays such complaint before a meeting of the committee on discipline, which he calls within a reasonable delay, after receiving the disbursements to be made by the complainant. 46 V., c. 32, s. 277.

3881. The complaint must briefly mention the time, place, What must be circumstances and nature of the charge. 46 V., c. 32, s. 278. mentioned

therein.

3882. For such preliminary meeting, the members of the Fees, &c., for committee on discipline are only entitled to the fees and dis- preliminary meeting. bursements which the syndic must claim in virtue of the following article. 46 V., c. 32, s. 279.

3883. In the disbursements which the complainant must Disturemake before his complaint is laid before the committee on dis- ments. cipline, the syndic must include the fees of the members of the committee for one meeting only, and, in addition, a reasonable amount to cover their travelling expenses and indemnity during the time he may deem it necessary to enable them to reach the place of meeting and return. 46 V., c. 32, s. 280.