How the Members of each Board shall be elected. First election when to be had. 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 by majority of votes and by ballot, each ballot containing a number of names 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. Who shall preside at such first election. shall be called by advertisements published in the manner hereinbefore 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 Protho of the how called. Another day may be appointed in case of failure notaries, 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. first named. If the Mem 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 the proper time, tive Council, to appoint the Members of such Board by an instrument under his hand bers of any Board of Notaries be not appointed at 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 Fund established for cer 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. of each Notary 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, to the Comfor 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 rable. jurisdiction to the amount. Re XIII. And be it enacted, That each Board of Notaries shall have power to make Each Board such Rules and Regulations as may from time to time be found necessary for the man- may make agement of the matters under its control, and for carrying this Act into effect; but gulations subsuch Rules and Regulations shall not be in force until they shall have been approved logation by the by a General Meeting of the Notaries interested and subsequently homologated by the Court of Court of Queen's Bench for the District in which the Board shall hold its meetings. ✔ Bench. homo Queetn's 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 persons intending at 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, Proviso: witby an order under the hand and seal of the President, and countersigned by the Secre- nesses may be tary, 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 applicant, persons admit ries. summoned. Certificate to - be in term A. Each person admitted as a Notary, to take an oath of office, &c. Penalty on persons prac applicant, and for this purpose the President is hereby authorized to administer all necessary oaths: and if the applicant shall have complied with all the requirements of the law and be found by the Board of Notaries to be duly qualified, he shall be entitled to obtain a certificate in the form of Schedule A, which he shall cause to be registered in the office of the Registrar of this Province. XV. And be it enacted, That after his appointment, the person who shall have obtained a certificate of admission as a Notary, shall be sworn before one of the Judges of the Court of Queen's Bench for the District, for the faithful performance of the functions of his office; and he shall not be so sworn, except on his producing the certificate of his admission; and he shall cause the whole to be registered as well in the Prothonotary's Office of the said Court as in the Board of Notaries from which he shall have received his certificate, together with his signature, which he shall not alter thereafter, unless he be therunto authorized by the Court of Queen's Bench for his District with the consent of the Board of Notaries; Provided always, that if any per tising without son shall hereafter be admitted as a Notary, and shall practise as such without having complying with this section. Each Notary shall register his office, (étude.) Qualification of persons admittel as students in the profession. shall not ex tend to per sons being students before the passing of this Act. complied with the Requirements of this section, he shall for such offence incur a penalty of not less than five pounds, nor more than twenty-five pounds currency. XVI. And be it enacted, That each person obtaining a certificate of admission as a Notary, shall also, before acting as such, cause to be enregistered in the Office of the Court of Queen's Bench, and with the Board of Notaries for the District in which he is to practise, a declaration of the place therein at which he intends to establish his office (étude), under a penalty of twelve pounds ten shillings currency. XVII. And be it enacted, That from and after the passing of this Act, no person shall be admitted as a Student with any Notary, unless he shall previously have passed an examination before one of the said Boards of Notaries, as to his qualifications and ability, and have made proof of having pursued for five years a regular course of study in some one or more of the Seminaries or Colleges named in the fourteenth section of this Act, or of otherwise having received a regular classical education, and shall have obtained a certificate thereof, which shall be annexed to his articles, and an authentic copy of such articles as well as of every assignment thereof shall be filed in the office Proviso: this of the Secretary of such Board within eight days from the date thereof on pain of nullity: Provided always, that nothing herein contained shall extend or be construed to extend to any Student whose articles shall have been executed before the passing of this Act, or to affect the right of any such Student to obtain his admission as a Notary at the expiration of the term of such articles, subject to the requirements of the laws in force at the time such articles were executed, save and except that every such Student shall cause an authentic copy of his articles to be filed in the office of the Secretary of the Board of Notaries within whose jurisdiction his patron resides, within thirty days after the establishment of such Board. Exception. All Notaries to fyle a certain decla ation in Q B and with the board of Notaries with n 6 months after XVIII. And be it enacted, That each and every Notary in Lower Canada shall, within six months from the passing of this Act, and under a penalty of twelve pounds ten shillings, currency, transmit to and cause to be registered in the Prothonotary's office of the Court of Queen's Bench and with the Board of Notaries for his District, a declaration containing his name, the date of his admission, the several places in which he has resided and practised since his admission, (mentioning the time during the passing which he resided and practised in each,) and the District in which he then resides hereof and intends to practise. Penalty. Notaries removing from a district, to give notice of such XIX. And be it enacted, That from and after the passing of this Act, every Notary who shall remove from one District to reside in another shall, within one month thereafter, cause to be enregistered in the manner aforesaid, in the office of the Court of Queen's Bench and with the Board of Notaries for his District, a declaration of his new Penalty. place of residence, under a penalty of twenty-five pounds, currency. removal. Notaries XX. And be it enacted, That from and after the first day of January next, it shall Instruments be the duty of each and every Notary in Lower Canada to number consecutively all passed before deeds, contracts, or instruments which may be executed before him and remain of numbered. record in his office (étude), and to note the number of each and every such deed, contract, or instrument in the margin of his repertory opposite to the entry of such deed, contract, or instrument, as well as in every copy thereof. formalities them, to lia over and above XXI. And be it enacted, That any Notary who shall be convicted of having passed Notaries any deed, contract, or instrument without entering therein the number thereof and the omitting cerday, year, and place on and at which it was passed, and the christian and surnames, in instruments additions and places of residence of the parties and witnesses thereto, or shall use passed befo abbreviations not allowed by law, or shall neglect to insert all sums and dates in words ble to a penalty at length, or to read over the instrument to the parties, and to make mention of his all damages having done so, and also of their having signed the same or declared themselves sustained by unable to sign, or to cause all marginal notes and additions to be approved and authen- any party. ticated, or to state the number of words struck out or marginal notes added, or shall make any interlineations, erasures, or additions in the body of the instrument, or shall contravene or fail to observe any of the other forms prescribed by law with regard to Notarial instruments, or shall neglect to keep his minutes and repertory in proper order and in a good state of preservation, and shall pass any instrument to which an interdicted person shall be a party when the interdiction shall have been duly notified, The Penalty. shall for each such offence incur a penalty not exceeding five pounds, currency, over Also for allowand above all damages, which may be recovered by any party interested; and any Notary who shall (except when authorized by law or under the order of a Judge or some other competent authority) allow any minute to go out of his possession, or shall neglect to sign any minute, shall thereby incur a penalty of not less than five pounds, nor exceeding twenty-five pounds, currency. XXII. And be it enacted, That the suspension or removal from office of any Notary, consequent upon the opinion pronounced by any Board of Notaries, shall in all cases be adjudged by the Court of Queen's Bench for the District, on petition to that effect, and at the instance either of the parties interested or of the Syndic of the Board acting ex officio, and it shall be the duty of the said Syndic to transmit to the said Court with the above mentioned petition, all the procedings on the Enquête taken before the Board of Notaries with relation to the suspension or removal from office of such Notary. ing minutes to leave his pos session withofa Judge. out the order Suspension or removal from tary to be pro office of a No noun ed by a Judge. XXIII. And be it enacted, That any Notary who shall hereafter change his resi- Notaries dence for the purpose of residing within the jurisdiction of another Board of Notaries, changing their cause their certificate of admission to shall, under a penalty of twelve pounds ten shillings currency, within one month after he shall have first established his office within the jurisdiction of such other Board, cause be registered. the certificate of his admission as a Notary, with that of his oath of office and the registration of the same, to be enregistered with the Board of Notaries and in the office of the Court of Queen's Bench for the District in which he shall establish his new domicile. Provisions for the safe keeping, &c.. of Notaries' pa'pers. Minutes &c, of Notaries dy ing, absent or interdicted, how deposited. Notaries withdrawing from practice. Penalty on XXIV. And whereas it is necessary to make more safe and effective legislative provision for the keeping, transmission and preservation of Notarial Minutes, Records and Repertories-Be it enacted Firstly. That the minutes and repertory of any Notary who shall die, or shall become incapable of acting as such, or shall have been permanently interdicted or removed from office, or shall be absent from Lower Canada for more than two years, shall be deposited by him or by the party in whose custody he shall have deposited them, or by his heirs or legal representatives, with the Board of Notaries for the District wherein such Notary shall have resided. Secondly. That it shall in like manner be lawful for any Notary desirous of withdrawing from practice, to deposit his minutes and repertory with the Board of Notaries for the District wherein such Notary shall reside. Thirdly. That the heirs of legal representatives of any Notary deceased, interdicted, parties neglect- or being absent from Lower Canada, for more than two years as aforesaid, who shall ing so to deposit such minutes &c. The Penalty Proviso: If such Notaries shall again practice. Proviso: Notaries absent 10 years to be re examined. Minutes &c., may be closed under seal of Q. B. in certain cases, Duty of the neglect to comply with the foregoing requirements, shall incur a penalty of ten pounds currency for each month during which such neglect shall continue, reckoning from the day on which they shall have been called upon to make such deposit as aforesaid; without prejudice to the right of any party to recover damages for any injury by him sustained by reason of such neglect: Provided that whenever any Notary so interdicted or absent shall again be admitted to practise, he shall be entitled again to obtain possession of his minutes and papers, as shall also any Notary who shall have voluntarily ceased to practise and shall have deposited his minutes and repertory as aforesaid, and shall afterwards wish again to commence practising: Provided also, that any Notary who shall have been absent from Lower Canada for ten years, without having during that time resided at least two years therein, shall not again practise on his return until he shall have passed an examination as to his character and ability, to the satisfaction of the Board of Notaries for the District in which he intends to reside. Fourthly. That in case of the decease of any Notary or of his absence as aforesaid, any one of the Justices of the Court of Queen's Bench for the District, may, on petition to him presented, direct that the minutes and repertories of such Notary be closed under the seal of the Court, or that the same be provisionally deposited, until proceedings can be had in the manner hereinbefore prescribed. Fifthly. That in all cases where by this Act or by the Laws in force in Lower Canada, the minutes and repertories of the acts and instruments passed by any Notary are required to be deposited as aforesaid, it shall be the duty of the Secretary to the Board of Notaries whom the same ought to be deposited, to prosecute the deposit thereof. Sixthly. |