4063. The examiners, elected under the preceding articles, Duration of shall remain in office for three years.

office.

The board of examiners has power to make by-laws to main- Powers of tain the honor, dignity and discipline of the members of the board to make by-laws, &c. association, to determine the period of study and the manner of examining candidates for the practice of dental surgery, and generally with reference to all matters connected with the Proviso. exercise of the said profession; provided that such by-laws are not inconsistent with the provisions of this section.

No person shall study dental surgery before having previously Qualification undergone the examinations prescribed by the college of phy- of students. sicians and surgeons, and having obtained the certificate required

to be admitted to the study of medicine. 46 V., c. 34, s. 7; 47 V., c. 34, s. 1.

4064. Students of dental surgery, regularly indentured, shall Term of study for four years in the office of a licensed dentist, and study. during such time shall attend at least one course of lectures in any medical or dental college, after which, on complying with the formalities prescribed by the by-laws of the association and on production of the certificates establishing such attendance at such medical or dental college, they shall be entitled to be admitted to examination, and, upon passing such examination successfully, shall be admitted as licentiates of dental

surgery.

plomas from

Any such student, who is the holder of a diploma from any Proviso as to college of dental surgery recognized by the association, shall, holders of diafter three years' service under indentures, including the time certain colspent at the said college, on complying with the said formalities, leges. and paying the fees established by the board, be entitled to be admitted to examination, and, upon passing such examination successfully, shall be entitled to be admitted as a licentiate of dental surgery. 49-50 V., c. 36, s. 3.

4065. The board of examiners shall meet at such times as Meeting of are fixed by the by-laws, and also as often as it shall be deemed board of exnecessary, upon the written request of three of the examiners.

aminers.

The board of examiners shall, at each meeting, decide the Place of meetplace and locality in the Province where its next meeting shall ing.

be held, and the secretary shall give notice of such meeting to Notice of such each of the examiners by registered letter sent at least thirty meeting. days before such meeting.

If the examiners should omit to determine the place where Meeting where the next meeting of the board is to be held, then the meeting held if not shall be held in the same place as the last meeting.

fixed.

The quorum of the board of examiners is four. 46 V., c. 34, Quorum of

s. 8.

board.

4066. The members of the board are entitled to a fee, in Fees, &c., to addition to their travelling expenses, for every day the board members of sits.

board.

The amount of such fee shall be fixed by the board and Amount shall not exceed five dollars per diem. 49-50 V., c. 34, s. 9.

thereof.

Vacancies in board how filled.

Proceedings upon complaints.

Notification

to persons accused.

Witnesses.

Penalties.

Power of board to censure, &c., offender.

Appeal from decision of board.

4067. In the event of the death, resignation, or absence of a member from more than two sittings of the board of examiners, as also in the event of a vacancy occurring in such board for any cause whatsoever, the other members of the board shall elect a person qualified for such office, as soon as such vacancy occurs or is ascertained, and such new member shall replace the former one for the rest of the term for which he was elected. 46 V., c. 34, s. 10.

$5.-Complaints against Members.

4068. The board of examiners may, upon a complaint made by any person lawfully practising the profession of dentist, bring before the board any member of the corporation accused of infringing the by-laws passed by the board or of any act derogatory to the honor and dignity of the profession of dentist, or of exercising a calling, trade or industry incompatible with such profession. 46 V., c. 34, s. 11.

4069. The member of the corporation so accused shall be notified of the day and place at which such accusation shall be taken under consideration by the board, at least eight days beforehand, by a registered letter, signed by the secretary and addressed to the domicile or place of business of such accused member. 46 V., c. 34, s. 12.

4070. Witnesses may be heard both on behalf of the complainant and of the accused, which witnesses shall be sworn by the secretary, who is hereby empowered to administer the oath or affirmation required, and he may also summon before the board any person there to give evidence in the manner prescribed by the Code of Civil Procedure.

Every person who does not comply with such summons shall, for each infringement, incur a penalty not exceeding twenty dollars, recoverable in the manner hereinafter set forth for the other penalties incurred for violations of this section. 46 V., c. 34, s. 13.

4071. The board, after having heard the complainant and defendant, who may be represented by an advocate, may, according to circumstances and in its discretion, censure and reprimand any member found guilty of any of the offences above enumerated, prevent him from attending and taking part in the meetings of the members of the association for a period not exceeding three years, and may even, according to the gravity of the offence, suspend such member from the exercise of his profession for a period not exceeding one year. 46 V., c. 34, s. 14; 49-50 V., c. 34, s. 1.

4072. Every accused member, who considers himself aggrieved by any decision rendered by the board as above mentioned, may appeal from such decision to a general meeting of the members of the association, which shall be convened by

the secretary without delay, immediately after such appeal, Deposit upon provided the appellant deposits with the treasurer a sum of such appeal. one hundred dollars, as security for the payment of the costs occasioned by the calling of such general meeting and of those

of the complainant. 46 V., c. 34, s. 15.

4073. Such appeal shall be lodged with the secretary Appeal with within the thirty days following the rendering of the decision whom lodged. of the board of examiners, and the appeal shall suspend the effect of the sentence of the board until the general meeting has pronounced upon such appeal.

Decisions upon a complaint made against a member, as Decisions aforesaid, are rendered by the majority of votes of the board upon complaints and of examiners or of the general meeting, provided not less than appeals. fifteen members attend the general meeting, and if the members present be less, provided at least eight members concur in the decision upon the appeal.

The board of examiners, as well as the general meeting, Condemnamay condemn, to such costs as may be deemed proper, the tion to costs. party who has failed in his complaint or who has been found guilty of any infringement as aforesaid. 46 V., c. 34,

s. 16.

of certain

4074. Any dentist found guilty, before any court of Name of dencompetent jurisdiction, of unlawful practices or of felony, or tist convicted who comes under the effect of a civil interdiction, or is deprived offences to be of any of his civil rights, ipso facto, ceases to have the right to struck from practise as a dentist in the Province, and the board shall strike his name from the list of its members as soon as the cause of such member's disqualification comes to its knowledge. 46 V., c. 34, s. 17.

the list.

ted.

4075. The board, may, however, upon the application of Member may the person so struck from the roll, re-instate him upon such be re-instaconditions as the board may deem proper to impose. 46 V., c. 34, s. 18.

$6.-Penalties.

4076. Every person, not being the bearer of a dentist's Person not license, granted by the board of examiners of the Dental Asso- holding ciation of the Province of Quebec, and not registered as a member of the association:

license:

1. Who practises in this Province as a dentist for remuneration, Who pracor in the hope of reward or payment, either directly or indi- tises for rerectly, or

ward, &c., 2. Who attempts to evade the law by causing his services as a Who procures dentist to be indirectly paid by means of the sale of drugs or indirect paymedicines or barter or otherwise, or

ment for services,

3. Who falsely pretends to be registered or to hold a license who falsely granted under this section or takes or uses in any way any pretends to be registered, name, title, or quality calculated to convey the impression that such person is duly authorized to practise as a dentist, or makes

Who, without

tises under

another's

name,

use of any title intending to cause it to be believed that he is a graduate of a college of dentists or uses any title representing in any way that he is such graduate, or

4. Who, without license, practises as a dentist for remuneralicense, prac- tion or in the hope of reward, directly or indirectly, under the name of a licensed dentist, outside the office or locality of practice of such licensed dentist, or practises as such unlicensed dentist for remuneration, or in the hope of reward, directly or indirectly, in the office or under the naine or patronage of a physician or surgeon of this Province not authorized to practise dentistry,

Liable to penalty.

Distress in de

ment.

Shall incur a penalty of not less than twenty-five dollars, nor more than two hundred dollars, for each offence, together with full costs of suit as brought.

In default of payment of such penalty and costs within fault of pay fifteen days from the date of rendering such judgment, or such shorter time as the court may fix, the amount thereof may be recovered by the seizure and sale, in the ordinary manner, under execution, of the moveable or immoveable property of the defendant; and, in default of sufficient moveable or immoveable property to satisfy the judgment in penalty, costs and subsequent costs, the defendant shall be condemned to imprisoncient distress. ment in the common gaol of the district in which judgment has been rendered for a period of not less than two or more than six months, unless such penalty, costs and subsequent costs be sooner paid. 49-50 V., c. 36, s. 4.

Imprison

ment in default of suffi

Prosecution

stituted.

4077. Prosecutions instituted for the recovery of any by whom in- penalty imposed by this section may be instituted for and in the name of the "Dental Association of the Province of Quebec," or by any person in his own name, in the same form and under the same rules of procedure as ordinary civil actions for the recovery of debt, in any Circuit Court of the county or district in which the defendant resides, or in which he may be served with the writ of summons or in which the offence was committed.

Before Circuit Court

Before Superior Court if amount sufficient.

Allegations

of declaration.

Onus upon defendant to prove license.

Prosecutions may also be instituted before the Superior Court for such district, in the event of more than one penalty being any sued for in the same action, or where the amount sued for would give such Superior Court jurisdiction. 49-50 V., c. 36, S. 4.

4078. It shall be sufficient, in any action or suit to recover penalties under this section, to state in the declaration that the defendant is indebted to the plaintiff in the sum of money thereby demanded and to allege the particular offence for which the action is brought and that the defendant hath acted contrary to law. 49-50 V., 36, s. 4.

4079. In any prosecution under this section it shall be incumbent upon the defendant to prove that he is entitled to practise as a dentist in this Province and to assume such title therein. 49-50 V., c. 36, s. 4.

tent as wit

4080. No person, otherwise competent to be a witness in Officers, &c., any such suit or prosecution, shall be incompetent as such not incompe-. witness by reason of his being a member or officer of the asso- nesses. ciation. 49-50 V., c. 36, s. 4.

4081. In any prosecution under this section to recover any One witness penalty thereby imposed, the offence may be proved by the sufficient. oath of one witness. 49-50 V., c. 36, s. 4.

tries suffi

4082. Where proof of registration or non-registration is Copy of enrequired under this section, a copy or extract, from the register cient without or books of the association, certified under the hand of the secre- production of tary, shall be authentic and be sufficient proof of the contents books. of such certified copy or extract, without the production of the original register or books.

proof.

Such certificate, copy or extract, purporting to be signed by Certificate any person in his capacity of secretary of "The Dental Associa- prima facie tion of the Province of Quebec" under this section, shall be prima facie evidence that such person is such secretary, without any proof of such signature or of his being in fact such secretary. 49-50 V., c. 36, s. 4.

4083. The fines, imposed by this section, are payable to Application the treasurer of the association and form part of the funds of fines. thereof. 46 V., c. 34, s. 21.

CHAPTER FIFTH.

LAND SURVEYORS AND THE SURVEY OF LANDS.

SECTION I.

LAND SURVEYORS.

§ 1. Incorporation of Land Surveyors.

4084. The land surveyors authorized by this section to Incorporpractise as such in the Province of Quebec are constituted a ation." body politic and corporate under the name of "The Land Sur- Name. veyors of the Province of Quebec."

The seal of the corporation shall bear the following inscrip- Seal and intion : "Land Surveyors of Quebec." 45 V., c. 16, s. 1. scription.

4085. The rights, powers and privileges granted by law to General ordinary corporations are hereby granted to the corporation of powers of the land surveyors of the Province of Quebec. 45 V., c. 16, s. 2.

corporation.

Other pow

ers:

4086. The corporation has full power: 1. To acquire and possess moveables and immoveables and To hold real enjoy the same, provided the value thereof does not exceed estate, &c. twenty thousand dollars;

Proviso.