between the date of the judgment of the committee and the meeting at which the appeal shall be heard. 46 V., c. 32, s. 321. 3925. The members of the committee cannot sit on the Members of Board constituting a court of appeal upon the judgment committee rendered by the committee of which they were members. 46 V., e. 32, s. 322. not to sit in appeal. 3926. The causes of recusation of the members of the Recusation of committee on discipline mentioned in article 3862 apply to the members of members of the Board sitting in appeal. 46 V., c. 32, s. 323. Board on 'appeal. 3927. The quorum of the Board sitting in appeal consists Quorum in of twelve members. 46 V., c. 32, s. 324. appeal. must file 3928. At the time of the hearing in appeal the complainant Complainant and the accused must file a synopsis in writing or factum of and accused the case, to the number of fifty copies, which they transmit, at factum. least two days before the hearing, to the secretary of the Board at the place where it is about to sit in appeal. appeal and Such secretary or his deputy acts as clerk of the Board Clerk in sitting in appeal and distributes the copies of the factum to duties as to the members of the Board and to the parties interested. 46 V., factums. c. 32, s. 325. ed, if appel 3929. If such statement or factum be not produced within Appeal held to the said delay by the appellant, the appeal is deemed to be be abandonabandoned, and the secretary must strike the inscription from lant's factum the roll. 46 V., c. 32, s. 326. 3930. If such statement or factum be not produced within such delay by the respondent, the appellant is notified thereof by the secretary and the appeal is heard exparte, without the intervention of the respondent. 46 V., c. 32, s. 327. not produced. If respondent's factum appeal heard not produced exparte. 3931. The record of the proceedings in the first instance Documents before the committee and the factums of the parties shall be produced in the only documents produced in appeal, and : appeal. neither party appear. 1. On the day fixed for hearing, if neither of the two parties Inscription appear before the Board, the case is struck from the roll and struck if cannot be again inscribed except on payment of a further deposit, to the amount and within the delay fixed by the Board in striking the case from the roll, and notice is given to the respondent as soon as the case is re-inscribed. 2. If the appellant do not appear, the appeal, on the respondent's application, is dismissed with costs. 3. If the respondent do not appear, the appellant, on his demand, is heard exparte and judgment rendered accordingly. 46 V., c. 32, s. 328. Appeal dis missed in certain case. Appeal heard exparte in cer tain cases. 3932. In any appeal not more than two counsel may be Number of heard on behalf of each party and one only in reply, 46 V., counsel to be c. 32, s. 329. "heard. Board con firms, reverses or modifies judg ment. Publication 3933. The Board confirms, reverses, or modifies the judgment rendered in the first instance, and awards costs as well in the first instance as in appeal. 46 V., c. 32, s. 330. 3934. Judgment must be publicly rendered within the of judgment. shortest possible delay, recorded in the minutes of the Board and transmitted, as the case may be, to the prothonotary, the whole as hereinafter provided. 46 V., c. 32, s. 331. Judgment in appeal final. Certain judg ments final. Judgment 3935. The judgment of the Board sitting in appeal is final. The same applies to the judgment rendered in the first instance for refusal to allow inspection of a greffe, for nonpayment of subscriptions, or under article 3767. 46 V., c. 32, s. 332. 3936. In the event of no appeal, as provided for in the pronounced. preceding article, or if the appeal be abandoned under article 3929, the judgment of the committee is pronounced at the first meeting of the Board following the date of the judgment. Provisions of If the appeal be struck under article 3931, whether it be reinscribed or not, the judgment is pronounced at the next meeting after that at which the appeal was so struck. 46 V., c. 32, s. 333. 3937. In the case of a judgment of the Board sitting in appeal, it is pronounced at the same sitting at which it is rendered or at any subsequent sitting. 46 V., c. 32, s. 334. 3938. Judgment is pronounced in a loud voice by the chairman of the meeting of the Board. 46 V., c. 32, s. 335. 3939. The provisions of the two preceding articles apply articles 3937& to judgments of suspension rendered by the Board for refusal 3938 apply to judgments of to allow inspection of a greffe, for non-payment of subscription, suspension. or under article 3767. 46 V., c. 32, s. 336. Copy of judg ment served on prothonotary. $7.-Proceedings after Judgment. 3940. A copy of the judgment, certified by one of the secretaries of the Board, is served by a bailiff upon the prothonotary of the Superior Court of the district in which the condemned notary resides. 46 V., c. 32, s. 337. Prothonotary 3941. The prothonotary of the Superior Court of the of Superior district where the party condemned resides is authorized and Court author is ordered, upon production of a certified copy of the final writ of execu- judgment of the committee or that of the Board sitting in ized to issue tion. appeal, which then forms part of the archives of the Court and remains of record, to issue a writ of execution for the recovery of the costs of the judgment and subsequent costs as in judgments of the Superior Court; and, in the case of an opposition, the costs are as in a cause of the lowest class in the Superior Court. 46 V., c. 32, s. 338. take posses notary on 3942. In all cases in which the final judgment, either of Prothonotary the Board or of the committee on discipline, pronounces the ordered to suspension or removal of a notary, an order of the syndic is sion of greffe served upon the prothonotary of the district wherein the con- of condemned demned notary resides, ordering him, in the name of the final judg Board, to take possession of the greffe of the condemned notary, ment proand retain it forever if the latter is removed, or, for the period nouncing susof his suspension, if he be merely suspended. (Schedule No 9.) moval of 46 V., c. 32, s. 339. pension or re notary. 3943. The bailiff makes a return of the service of the copy Return of of judgment and of such order upon the original of such order. service of judgment. 46 V., c. 32, s. 340. 3944. The prothonotary is bound to take proceedings to Prothonotary obtain possession of the greffe of the condemned notary, as in must take the ordinary cases provided for by article 3699 and under the to obtain possame penalties. 46 V., c. 32, s. 341. proceedings session of greffe. 3945. The prothonotary is bound to report his proceedings Prothonotary to the president of the Board. 46 V., c. 32, s. 342. must report his proceedings. 3946. In every case of suspension or removal of a notary, Notice of suspension, &c., a notice is published over the signature of one of the secretaries published of the Board in four numbers of the Quebec Official Gazette, in Quebec as soon as the judgment has been pronounced. (Schedule No, Gazette. 27.) 46 V., c. 32, s. 343. Official 3947. The suspension or removal shall take effect only When susfrom the date of the last of these four publications. 46 V., c. pension or re32, s. 344. moval takes effect. or removal 3948. Saving the exception mentioned in the following Public notice article, a public notice of such suspension or removal, signed of suspension by one of the secretaries of the Board of Notaries, shall be read and postread and posted upon two consecutive Sundays, by a bailiff of ed up by the Superior Court or by the secretary-treasurer of the council of Suof the municipality, at the church door of the parish or town- at church ship in which the notary, suspended or removed, has his domi- door. cile. 46 V., c. 32, s. 345. bailiff perior Court newspapers. 3949. In the cities of Quebec, Montreal, Sherbrooke, Three Where notice Rivers, St. Hyacinthe and St. John's, such notice is only published in published three times in the French language, in a newspaper published in that language, and in the English language, in a newspaper published in that language; and, if there is but one paper in the locality or if they are all published in the same language, then it shall be published in both languages in the same paper. 46 V., c. 32, s. 346. 3950. A notary, who has been removed, loses all the rights A notary reand privileges conferred upon notaries by this chapter or moved loses any other law, and the deeds, which he persists in passing, are privileges. all rights and president of taries that suspension in no way authentic and are considered deeds sous seing privé. He may, however, recover such fees as may be due him at the time of his removal, and enjoys professional privileges only with regard to such fees. 46 V., c. 32, s. 347. 3951. The same applies to notaries who have been suspended, while such suspension lasts. 46 V., c. 32, s. 348. § 8.-Recovering of Rights by Suspended Notaries. 3952. The notary, who has simply been suspended, has a right to take back his greffe as soon as such suspension ceases; and he then regains the rights and privileges attached to his office, if there be then no legal impediment. 46 V., c. 32, s. 349. Certificate of 3953. Nevertheless, before obtaining his greffe from the Board of No- prothonotary, he shall furnish him with a certificate from the president of the Board of Notaries establishing that the suspension has ceased, that he has paid all the expenses occasioned by his suspension and the publication thereof, and that he has a right to have his greffe returned to him, which certificate shall be granted to him, gratuitously, by the Board when he is entitled thereto. 46 V., c. 32, S. 350. has ceased, necessary. A notary relieved from suspension may give 3954. A notary, who has been relieved from suspension, may, on payment of the fees fixed by the tariffs, obtain from the officers of the Board such certificates and notices as he is what publici- entitled to, and, at his own cost, may give them such publicity as he may deem proper. 46 V., c. 32, s. 351. ty he will to certificates and notices. SECTION X. Tariffs, bylaws, &c., governing former Boards. Tariffs remain in force. Forms. MISCELLANEOUS. 3955. All tariffs, by-laws, and resolutions governing the former Provincial Board of Notaries and the former Board of Notaries are applicable also to the Board of Notaries constituted by this chapter, until repealed or amended by the said Board. 46 V., c. 32, s. 355. 3956. The tariffs of the several Boards of Notaries, made according to law before the 30th March, 1883, remain in force. until the effects thereof shall be fulfilled. 46 V., c. 32, s. 356. 3957. The forms contained in the appendix to this chapter are sufficient for all purposes, but others to the same effect may also be used .46 V., c. 32, s. 360. APPENDIX. SCHEDULE No. 1. (Art. 3635.) Notice by a Notary who wishes to resume the practice of his profession, after having held a position incompatible with such practice. Το (Residence and date.) Esq. N. P., Secretary of the Board of Notaries. Sir. I have the honor to inform you, that, having ceased to hold the position of (indicate the position), it is my intention to resume, from this date, the practice of the notarial profession. Certificate to be given by a Notary, who is assignee of a greffe, at the end of copies, required of and delivered by him, of the deeds found in the greffe of which he is assignee. True copy of the minute remaining of record in the office of Mr. in his lifetime a notary public for the former Province of Canada, now the Province of Quebec, residing at in the district of compared and collated by the undersigned a notary public for the Province of Quebec, residing in the parish of district of assignee of the minutes, repertory and in index of the said late virtue of an order of His Honor the Lieutenant-Governor of the Province of Quebec, in Council, dated the one day of thousand eight hundred and at aforesaid. This, &c. N. P. 46 V., c. 32, Schedule No. 2. |