An Act for the organization of the Notarial Profession in that part of this WE [ 28th July, 1847. ] HEREAS it is of the utmost importance to the peace and welfare of families, Preamble. that the Notarial Profession should be exercised by well educated and duly qualified persons, and abuses are found to have crept into the exercise of those functions, for which it is expedient to provide a remedy by constituting Boards of Notaries, and by establishing proper regulations with regard to admission to the Profession, and for the general organization of the Profession in Lower Canada: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That after the passing of this Act, there shall be established in Lower Canada, in the manner hereinafter prescribed, three Boards of Notaries, one for the District of Quebec, including the District of Gaspé, to be called, "The Quebec Board of Notaries," one for the Districts. trict of Montreal, to be called, "The Montreal Board of Notaries,"-and one for the Districts of Three-Rivers and St. Francis, to be called, "The Board of Notaries for Three-Rivers." II. And be it enacted, That each Board of Notaries shall be composed of members elected in the manner hereinafter explained; and the number of such members shall be twelve for the Quebec and Montreal Boards respectively, and nine for the Board of Notaries for Three-Rivers; and the Quorum for the despatch of Business shall be eight for the Quebec and Montreal Boards, respectively, and six for the Board for ThreeRivers. III. And be it enacted, That the Members of each Board shall elect, Boards of Notaries estab lished in the several Dis How they shall be composed. Quebec and Montreal. Three Rivers. What Officers they shall President. First. A President, who shall only vote when the votes are equally divided, shall have call special meetings of the Board when he shall deem it expedient, or on the requisi- His duties. tion of two members, stating the purpose of the meeting, or on that of the Syndic hereinafter mentioned, and shall preserve order at all meetings. Secretary. His duties. Treasurer. Syndic. Proviso as to officers being also Members of the Board. Proviso as to officers ab sent at any time. How such Officers shall be appointed or removed. Powers and functions of the Board of Notaries. Secondly. A Secretary, who shall draw up and enregister the proceedings of the Board, shall have custody of all Records and deliver copies thereof, shall collect the facts relative to any charge brought against a Notary, and report the same to the Board. Thirdly. A Treasurer, who shall have charge of the Common Fund hereinafter mentioned, shall receive and pay monies upon the order of the Board, and shall account for the same as the Board shall direct. Fourthly. A Syndic, who shall conduct the prosecution on any charge brought against a Notary. Provided always, that in addition to the special powers hereby assigned to the Officers aforesaid each of them shall, if he be a member of the Board, vote as such in the same manner as the other members, at all meetings of the Board; except that with regard to any matter relating to any charge against a Notary, the Syndic conducting the prosecution shall not vote; and provided also, that in case any of the Officers aforesaid shall be absent or prevented from acting, his place may be supplied by the appointment of another pro tempore by the majority of the members present at any meeting at which there shall be a Quorum. IV. And be it enacted, That the President shall always be chosen from among the members of the Board, but the other Officers aforesaid may be chosen either from among the members of the Board or from among the Notaries within its jurisdiction; and the Board may remove any Officer at pleasure and appoint another in his stead; but no Officer shall be so removed except by the vote of at least two thirds of the members of the Board. V. And be it enacted, That each Board of Notaries shall have power,— First. To grant or to refuse, after public examination, all certificates of qualification Certificates of required by applicants for admission either as Students or as Notaries. qualification. Summoning Notaries. Punishing Notaries for of fences. Proviso as to cases where a Notary shall be liable to suspension or removal. Opinion to be submitted to Q. B. Proviso. Secondly. To summon before it when need shall be, any Notary within its jurisdic tion. Thirdly. To cause any such Notary to be punished according to the nature of his offence, by removal or suspension from office, or by depriving him of his vote at General Meetings, or by excluding him from the Board for a time not exceeding three years for the first offence, nor six years for a second or subsequent offence; Provided always, that if the charge brought before the Board against any Notary shall appear sufficiently serious to call for his suspension from the exercise of his functions, or his removal from office in cases of fraud or corruption, the Board shall associate with it by lot, a number of Notaries equal to the number of members of the Board, from among those within its jurisdiction, who shall be bound to serve, under a penalty of five pounds currency; and the Board thus composed may by a majority of the whole, pronounce its opinion as to such suspension and the duration thereof, or as to such removal from office; but no opinion shall be pronounced unless two thirds at least of all those summoned to attend the meeting be present; and in any such case the opinion so pronounced shall be submitted to the Court of Queen's Bench for judgment thereon, in the manner provided by the twenty-first section of this Act: Provided also, that nothing nothing in this section shall deprive the party injured of any remedy which he may have against the Notary. VI. And be it enacted, That the mode of proceeding at each Board of Notaries shall be as follows, that is to say: the Syndic shall bring before the Board all infractions of discipline, and he shall be bound to do so either ex officio, if the facts be within his personal knowledge, or at the instance of the parties interested, or at that of any member of the Board, and the said complaining parties shall prove the grounds of their complaint on oath before the President of the Board of Notaries having jurisdiction within the locality, or in his absence before a Justice of the Peace, and the said President and Justice of the Peace are hereby specially authorized to administer such oath; and it shall be the duty of the Syndic to summon any Notary inculpated to appear before the Board within a reasonable delay, (which shall not be less than that allowed on Writs of Summons to appear before the Superior Term of the Court of Queen's Bench for the District,) by a letter stating the object of the citation, to be signed by the Syndic and transmitted by the Secretary, who shall keep a note thereof, and shall prove the service of the letter upon the Notary inculpated either in person or at his domicile or office, (étude,) and such service may be made by any Bailiff of the said Court; Provided always, that the Board shall not proceed on any matter concerning any individual, except after having heard or duly summoned as aforesaid, the Notary inculpated or interested and such other parties as shall desire to be heard, who in all cases may be represented or assisted by a Notary or Advocate; the minutes of the proceedings of the Board shall mention the reasons on which the same are founded, and shall be signed by the President and by the Secretary, and shall contain the names of the members present, and shall be notified, if need be, to those whom they may concern, in the manner prescribed with regard to citations, and the fact of their having been so shall in such case be notified in the margin of the minute; Provided also, that no citation shall be made except by order of the majority of a Quorum of the members of the Board, and such order shall be entered on the Register of the Board. which the Boards shall Proviso: at ral meeting to be he'd in least one gene. VII. And be it enacted, That the meetings of the said Boards of Notaries shall be Times at held as follows: those of the Quebec Board of Notaries at the City of Quebec, those of the Montreal Board of Notaries at the City of Montreal, and those of the Board of meet. Notaries for Three-Rivers at the Town of Three-Rivers,-on such days and at such hours as shall be appointed by the said Boards respectively, and in such places as shall be selected for the purpose; but there shall not be less than three meetings in each year for the examination of applicants for admission as Students or as Notaries; Provided always, that in each year there shall be one General Meeting of the Notaries within the jurisdiction of each Board, and that extraordinary General Meetings may be held whenever circumstances shall require them, or the Board shall deem them advisable, and such meetings shall be called by advertisements in two newspapers, and inserted in both languages at least fifteen days previously; and all Notaries within the jurisdiction of the Board shall be invited to attend either for the purpose of making the appointments mentioned in the eighth section, or to advise together on matters of interest to the Profession; And provided also, that any meeting of any Board of Notaries, or any General Meeting of the Notaries within its jurisdiction, may be adjourned by consent of the majority of the Notaries present thereat, to such day and hour as may be agreed upon. VIII. each year Extraordinary meetings. Proviso: meetings may be adjourned. How the Members of each Board VIII. And be it enacted, that the Members of each Board of Notaries shall be elected by the Notaries within its jurisdiction at a General Meeting, and the election shall be elect- shall be by majority of votes and by ballot, each ballot containing a number of names ed. First election when to be had. Who shall not greater than the number of members to be elected; and a General Meeting shall be held for the purpose of making such elections, every three years, which shall be the period during which the members shall remain in office, but the same members may be re-elected: and the first election of members of each Board shall take place during the four months next after the passing of this Act, at General Meetings of the Notaries within the jurisdiction of each Board, to be held in the Cities of Quebec and Notices thereof Montreal, and in the Town of Three-Rivers, respectively: and such first Meetings how given. shall be called by advertisements published in the manner herein before prescribed, and within two months after the passing of this Act, by the Clerks or Prothonotaries of the Courts of Queen's Bench for the Districts of Quebec, Montreal and ThreeRivers respectively, each for his own District: and the said advertisements shall mention the day, hour and the place of the meeting, at which the said Clerks or Prothonotaries shall preside each in his own District, and shall draw up and sign the minute of the proceedings thereat, and fyle them among the Records of the Courts of Queen's Bench for the said Districts respectively, and shall deliver true copies thereof to the Board of Notaries at whose election they shall respectively have presided on the first First meeting meeting of such Boards, which first meeting shall be called by such Clerks or Prothonotaries, within a reasonable time, by a notice served on each member of the Board either personally or at his domicile or office, (étude,) informing him of his election. and of the day, hour and place of the said first meeting of the Board, at which such Clerk or Prothonotary shall preside until the Board shall have elected its President, of which election he shall draw up a minute and deliver the same to the President elect and if it shall happen that the meeting cannot be held on the day appointed, to meet on that the Clerk or Prothonotary shall appoint a future day for holding it. preside at such first election. of the Board how called. Another day may be appointed in case of failure first named. If the Members of any Board of No taries be not appointed at the proper time, the Governor may appoint them. Annual election of Offi cers. Officers to be re-eligible. Penalty on persons appointed and refusing the Act. A common lished for cer IX. And be it enacted, That if at the time appointed for the election of any Board of Notaries, such election shall not be had in conformity to this Act, it shall be lawful for the Governor of this Province, by and with the advice and consent of the Execu tive Council, to appoint the Members of such Board by an instrument under his hand and seal; and any Board of Notaries so appointed by the Governor, and the members thereof, shall have the same powers and duties as if elected at a General Meeting of Notaries, and the first Meeting of any such Board shall be called in the manner aforesaid by the Clerk or Prothonotary of the District, and he shall preside thereat. X. And be it enacted, That the Members of each Board of Notaries shall elect in the manner aforesaid, the President and other officers mentioned in the third section, and such election shall be renewed yearly, the same person being nevertheless capable of being re-elected, and the senior in age having the preference in any case of equality of votes and any Notary who shall refuse to accept the office of Member of a Board, or to perform the duties of President, Secretary, Syndic or Treasurer, shall thereby incur a penalty of five pounds currency, which shall go to the Common Fund of the Notaries within the jurisdiction of the Board. XI. And be it enacted, That it shall be lawful for each Board of Notaries to establish a Common Fund, which shall not however be more than sufficient to meet the tain purposes, necessary expenses, to be ascertained and approved at a General Meeting and to be levied equally upon all the Notaries within its jurisdiction; but no order for levying the same shall be executory against any person until it shall have been homologated, at the instance of the President, by the Court of Queen's Bench for the District of Quebec, Montreal or Three-Rivers (as the case may be) in Superior Term: and such Court is hereby authorized to hear and determine all objections. to the Com XII. And be it enacted, That towards the formation of the said Common Fund, Contribution and for the purposes of meeting the first expenses of each Board, there shall be paid, of each Notary for the first year, to the Treasurer of each of the said Boards, and within one month mon Fund. after the appointment of that officer, the sum of ten shillings currency, by each Notary within the jurisdiction of such Board; and such sum, if not duly paid, may be reco- How recovevered by the Syndic of such Board, by an action to be brought in any Court having jurisdiction to the amount. rable. Each Board may make gulations sublogation by the Court of Rules and Re ject to homo Queetn's / Bench. persons admit ries. XIII. And be it enacted, That each Board of Notaries shall have power to make such Rules and Regulations as may from time to time be found necessary for the management of the matters under its control, and for carrying this Act into effect; but such Rules and Regulations shall not be in force until they shall have been approved by a General Meeting of the Notaries interested and subsequently homologated by the Court of Queen's Bench for the District in which the Board shall hold its meetings. XIV. And be it enacted, That from and after the passing of this Act, no person Qualifications shall be admitted as a Notary in Lower Canada, unless he shall prove, before one of required of the said Boards of Notaries, that he has bonâ fide, served a regular Clerkship (under ted as Notaarticles in writing, deposited among the minutes of some practising Notary,) during five consecutive years, with a Notary duly appointed, and practising as such in Lower Canada, or during four consecutive years, if such person has gone through a regular course of studies, including Belles Lettres, Rhetoric and Philosophy, (comprising Logic, Ethics, Mathematics and Physics,) in one or more of the Seminaries or Colleges of Quebec, Montreal, St. Hyacinthe, Nicolet, or Ste. Anne de la Pocatière, or in any other College legally established in Lower Canada or elsewhere, in which the said courses of study shall be taught, and shall produce a certificate to that effect from the principal of such Seminary or College; nor unless such person shall produce proof of his good conduct during his Clerkship, and of his qualifications, of all which the Board shall give him a certificate, which shall not be granted until after such person shall have undergone a public examination as to his knowledge of the law and of Notarial practice, to which examination he shall be bound to submit, and shall draw up upon the spot any clause, instrument or contract which shall be required of him; and in Notice to be order to such examination the applicant shall give notice to the Secretary of the Board given by perat least one month previously, to the end that such Secretary may advertise in both to be examinlanguages during three weeks, and in two newspapers the day and hour when the ed examination shall take place, so that any person may then and there state any reasons he may have to urge against the admission of such applicant; and on giving the said notice to the Secretary, the applicant shall pay into the hands of that Officer such sum as shall be requisite to defray the cost of publishing such advertisement as aforesaid; Provided always, that it shall be lawful for the Board of Notaries to summon before it, by an order under the hand and seal of the President, and countersigned by the Secretary, any person whom the applicant, or those opposing his admission, may wish to call in support of their allegations concerning the life, morals and qualifications of the sons intending Proviso: witnesses may be summoned. applicant, |