What copies

shall be au

Sixthly. That all copies of minutes so deposited, certified as such and signed by the Secretary having the custody thereof, shall be deemed authentic, and shall be received thentic. in evidence in the same manner as copies signed by the Notary who shall have passed the minute.

XXV. And be it enacted, That the Prothonotaries of the Courts of Queen's Bench for the Districts aforesaid, shall be entitled to demand and receive, for entering and enregistering the oath of office and certificate of admission of any Notary, the sum of five shillings currency, and six pence currency per hundred words for every copy thereof; and for drawing up the minute of the proceedings at any meeting of Notaries twenty shillings currency, over and above the cost of publishing the advertisement, and the Secretary of the Board of Notaries shall be entitled to demand and receive ten shillings currency for the certificate of character and qualification delivered to any applicant, over and above the cost of the advertisements hereinbefore mentioned, and also the sum of one shilling and three pence currency for each summons (if any) and six pence for each copy thereof.

XXVI. And be it enacted, That so much of the Ordinance passed in the twentyfifth year of the reign of His late Majesty, King George the Third, intituled, An Ordinance concerning Advocates, Attornies, Solicitors, and Notarics, and for the more easy collection of His Majesty's Revenues; or of any other Law, Statute, or Ordinance as may be inconsistent with this Act, shall be, and is hereby repealed.

How certain the par nances shall

other of

be construed.

while exercis

XXVII. And be it enacted, That so much of the said Ordinance in the next preceding Section cited, as enacts that no Notary shall hold the office of Clerk of any Court, shall be construed to apply only to the office of Clerk of any Court of Queen's Bench in Lower Canada; that no Notary shall act as such while holding the office of Notaries not Registrar or Deputy Registrar of any County, or carrying on business as a Mer- to act as such chant, Trader, or Manufacturer; that any Notary, actually holding the office of Clerk ing certain of any Court of Queen's Bench, or Registrar or Deputy Registrar of any County, or callings. carrying on business as a Merchant, Trader, or Manufacturer, is hereby required to elect or make choice of one of those avocations, within six months after the passing of this Act, and to transmit his declaration to that effect to the Board of Notaries, and to the office of the Court of Queen's Bench in their respective Districts; but any Notary who shall have made choice of the office of Clerk of any Court of Queen's Bench, or of Registrar or Deputy Registrar of any County, or of the calling of a Merchant, Trader, or Manufacturer, may retain his minutes and repertory in his possession, and may issue copies or extracts of deeds and contracts passed before him; and may, also, after having ceased to hold the said office of Clerk or of Registrar or of Deputy Registrar, or to carry on business as a Merchant, Trader, or Manufacturer, exercise the functions of a Notary, after having transmitted his declaration to that effect in the manner hereinbefore prescribed; and any Notary who shall, after the expiration of the said term of six months, exercise the functions of a Notary while holding the said office of Clerk, or of Registrar or Deputy Registrar, or carrying on business as a Merchant, Trader, or Manufacturer, shall, for the first offence, forfeit a sum of twenty pounds current money of this Province, and double that amount for any subsequent offence; and it shall be lawful for any of the said Boards of Notaries to suspend, for a time, or to dismiss from office any Notary within its jurisdiction, who shall be lawfully convicted of having carried on, at one and the same time, the profession of a

Those now practising which they within 6 months after the passing of this Act. They may minutes &c. And may again practice when they disuse such other calling. Penalty for this Section.

Proviso: as to Registrars and deputies now appointed.

False swearing under this Act to be perjury.

Punishment

of persons assaulting or obstructing Notaries.

Board of Notaries to make

Notary and the business of a Merchant, Trader or Manufacturer; Provided always, that no Registrar or Deputy Registrar now appointed shall be affected by the provisions of this Act.

XXVIII. And be it enacted, That any person who shall wilfully swear falsely, touching any matter with regard to which an oath is required by this Act, shall on conviction thereof before any Court of competent jurisdiction, be deemed guilty of wilful and corrupt perjury, and shall be liable to be punished accordingly.

XXIX. And be it enacted, That any person assaulting or otherwise obstructing a Notary in the due execution of his duty as such shall be guilty of a misdemeanor, and may on conviction thereof be sentenced to the same puishment as if he or they had been convicted of an assault upon a Peace Officer or a Revenue Officer in the execution of his duty.

XXX. And be it enacted, That each Board of Notaries shall make a tariff of the prices to be paid for all Notarial Deeds, Acts or instruments, and the fees to be allowed Notarial fees. to Notaries for each sitting (vacation) and attendance (transport) which tariff shall be

a Tariff of

Tariff to be subject to approval by Q. B.

Penalty for demanding higher fees.

Recovery of

homologated and confirmed by the Court of Queen's Bench for the District, and any Notary contravening any of the regulations of the said tariff, by demanding from parties more than the price and fees established by the said tariff, after fifteen days from the time when the said tariff shall have been homologated and published, shall for each such offence incur a penalty of five pounds currency.

XXXI. And be it enacted, That all penalties imposed by this Act may be sued for Penalties pro- and recovered by the Syndic of the Board of Notaries within the jurisdiction whereof

vided for.

Vacancies in the Board of Notaries how filled.

Interpretation clause.

the offence shall have been committed; and being recovered shall be paid by the Syndic into the hands of the Treasurer of the said Board, and shall make part of the common fund thereof.

XXXII. And be it enacted, That if any vacancy shall occur in any Board of Notaries, whether by the death of any member thereof or by his removal out of the jurisdiction of such Board, or otherwise, it shall be lawful for the remaining members of the Board, at the next meeting thereof, to fill such vacancy by electing another member by the votes of a majority of the members present.

XXXIII. And be it enacted, That the word "Governor," whenever it occurs in this Act, shall be understood to mean the Governor, Lieutenant-Governor, or person administering the Government of this Province, and the words " Lower Canada," to mean and include all that part of this Province which formerly constituted the Province of Lower Canada.

SCHEDULE.

SCHEDULE A.

FORM OF A CERTIFICATE OF ADMISSION AS A NOTARY.

This is to certify to all whom it may concern, that A. B. of in the District of

mination before "The

Esquire, hath duly passed his exa. Board of Notaries," and hath been

found qualified to fill the Office and perform the duties of a Notary Public in and for Lower Canada, he having complied with all the requirements of the Law in that behalf. Wherefore the said A. B. is admitted to the said Office, and is by Law authorized to practice as a Notary Public in Lower Canada.

In witness whereof, we have signed this certificate, at District of

day of

in the

in the Province of Canada, the one thousand eight hundred and

C. D.

(Signature of the President of the Board of Notaries.) E. F.

(Signature of the Secretary of the same.)

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBarats,
Law Printer to the Queen's Most Excellent Majesty.

An Act to remove all doubts as to the validity of certain Instruments and
Documents executed before Notaries in Lower Canada.

W

[ 28th July, 1847. ]

Preamble.

HEREAS since the establishment of the Notarial Profession in that part of the Province of Canada which heretofore constituted Lower Canada, divers Notarial Actes and other Instruments have been executed in the aforesaid part of the Province, in which Actes the Notaries by and before whom they were passed, have styled themselves Notaries for the Province of Quebec, Notaries for the Town and District of Montreal, or Public Notaries residing in such a Parish or the undersigned Public Notaries, or have committed other errors of style of the same nature in the introduction, title or intitulé of their Notarial Acts; and whereas doubts have existed as to the validity, and as to the requisite legal formalities of such Notarial Actes and other Instruments and Documents, and it is necessary to remove all doubts as to the validity of the same, and to secure the Rights, Titles and Interest of the persons concerned therein: 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 all Actes, Instruments and Documents whatsoever, which, since the Certain Notaestablishment of the Notarial Profession in that part of the Province of Canada which heretofore constituted the Province of Lower Canada, have been executed before two Documents Notaries, or before one Notary and two witnesses in the said part of the Province, and wherein the Notaries before whom they were respectively executed, being Nota ries for the part of the Province last above mentioned, have styled themselves Notaries for the Province of Quebec, Notaries for the Town and District of Montreal, or Notaries Public residing in such a Parish, or the undersigned Public Notaries, or taken any other title or description generally whatsoever in the introduction, title or intitulé of their Notarial Actes, or have omitted to specify or have incorrectly specified the part of the Province for which they were respectively authorized to act as Public Notaries, shall nevertheless be considered as valid and binding in law to all intents and purposes whatsoever, as if the said Notaries had styled themselves "Notaries Public for the Province of Lower Canada, " or "Notaries Public for that part of this Province which formerly constituted the Province of Lower Canada;" and notwithstanding that

rial Actes, Ind

declared valid

Notaries may have

although the wrongly stated their quality in ry part.

the introducto

any