Certificate to

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 be in form A. 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.

Each person admitted as a Notary, to take an oath of office, &c.

Penalty on

persons practising without complying

with this sec

tion.

Each Notary

shall register
his office,
(étude.)

Qualification

of persons admittel as students in the profession.

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 person shall hereafter be admitted as a Notary, and shall practise as such without having 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 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.

shall not ex

tend to persons being students before

this Act.

Exception.

All Notaries to fyle a certain decla ation in QB 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 and intends to practise.

hereof 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 to be

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.

omitting cer

tain formalities

in instruments passed before

them, to be lia

ble to a penalty

over and above all damages

sustained by

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 day, year, and place on and at which it was passed, and the christian and surnames, additions and places of residence of the parties and witnesses thereto, or shall use abbreviations not allowed by law, or shall neglect to insert all sums and dates in words at length, or to read over the instrument to the parties, and to make mention of his having done so, and also of their having signed the same or declared themselves 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, shall for each such offence incur a penalty not exceeding five pounds, currency, over and 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.

The Penalty. Also for allow leave his possession withofa Judge.

ing minutes to

out the order

Suspension or removal from

office of a No

Judge.

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, tary to be proand at the instance either of the parties interested or of the Syndic of the Board act-nun ed by a ing 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.

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

District, to

Minutes &c,

of Notaries dy

ing, absent or interdicted,

how deposited.

Notaries withdrawing from practice.

Penalty on

ing so to deposit such minutes &c. The Penalty

Proviso: If

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 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.

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 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.

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 Secretary of the Board of

Notaries.

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 herein before 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.

Sixthly. That all copies of minutes so deposited, certified as such and signed by the What copies 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 herein before 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 Notaries, 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.

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 Registrar or Deputy Registrar of any County, or carrying on business as a Merchant, Trader, or Manufacturer; that any Notary, actually holding the office of Clerk of any Court of Queen's Bench, or Registrar or Deputy Registrar of any County, or 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 herein before 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

shall be au

Registrars and deputies now appointed.

False swear

ing under this

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, Act to be per- 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.

jury.

Punishment

of persons assaulting or obstructing Notaries.

Board of Notaries to make a Tariff of

Tariff to be subject to approval by Q. B.

Penalty for demanding higher fees.

Recovery of vided for.

Vacancies in

the Board of

filled.

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 to Notaries for each sitting (vacation) and attendance (transport) which tariff shall be 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 and recovered by the Syndic of the Board of Notaries within the jurisdiction whereof 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 NotaNotaries how ries, 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.

Interpretation clause.

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 admi nistering 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.