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which shall be followed upon each subject in universities and colleges to constitute a regular law course.

The programme once adopted shall not be altered except Programme by a vote of two-thirds of the members of the general council. may be changed. The law course given and followed in the university or Value of law college, and the diploma or degree in law granted to students, course. shall avail only in so far the said curriculum has been effectually followed by the university or college and by the holder of the diploma conferring the degree.

The general council may make such by-laws as it inay deem By-laws by expedient to give effect to these provisions. 49-50 V., c. 34, s. 49. general coun

cil.

selves for ex

3553. Students may present themselves for examination at Students may the session which is nearest the expiration of their term of present themclerkship; but the diploma, conferring upon them the title of amination beadvocate, cannot be granted to them, until the expiration of their fore finishing clerkship, nor until they have filed with the secretary of the studies, but general council a certificate from their patron that they have diploma until continued to attend his office regularly during the period required afterwards. by law. 49-50 V., c. 34, s. 50.

not to receive

3554. It is the duty of the examiners to inquire into the Duties of exmorals, knowledge, capacity and qualifications of candidates, aminers. and, for such purpose, they have the right to summon and examine, under oath, administered by one of them, the candidate and any other person and to put to them any question, pertinent to the inquiry.

Such examiners or the majority of them have the same Powers as to powers as the Superior Court to compel witnesses to appear and witnesses. to answer, under oath, in the manner and under the penalties prescribed by the Code of Civil Procedure. 49-50 V., c. 34, s. 51.

not to be at

3555. No proceeding or decision of the examiners, or any Proceedings proceedings adopted by them or had before them in the course of examiners of the examinations, shall be liable to be attacked, annulled or tacked or set quashed, not even by certiorari.

aside.

All their decisions are final and without appeal. 49-50 V., Decisions e. 34, s. 52.

final.

3556. The examiners report in writing to the batonnier of Report of exthe Province.

aminers.

If the report establishes that the candidate bears a good Effect of recharacter, that he has the necessary capacity, knowledge and port. qualifications, and that he has fully complied with the law, a certificate of admission to study law is granted to the candidate for admission to study, and to the candidate for admission to practice, a diploma of admission to the bar of the Province. 49-50 V., c. 34, s. 53.

3557. Such diploma confers upon him, after having pre- Rights conviously taken an oath well and faithfully to discharge his pro- ferred by difessional duties and, after having paid the requisite fees, the right to practise as an advocate in all courts of the Province.

ploma.

Oath of office.

Signature to certificates and diplomas.

Registration.
Fee thereon.

Admission of barristers from other provinces.

Proviso as to notice.

Fee to be paid.

Part to be

Such oath is administered by the secretary-treasurer of the general council who certifies the fact on the diploma. 49-50 V., c. 34, s. 54.

3558. The said certificate and diploma are signed by the batonnier of the Province, countersigned by the secretary-treasurer, and bear the seal of the general corporation.

They are registered in full in the registers of the council, on payment to the secretary-treasurer of the sum of ten dollars, of which eight dollars shall belong to the general council, and two dollars to the secretary-treasurer of such council, as a fee, saving the power of the general council to fix another sum to be paid for the secretary or the council. 49-50 V., c. 34, s. 55.

3559. Any person, admitted to practise the profession of barrister, in any of the provinces of Canada, under the laws of such province, may, on providing sufficient proof of the fact and certificates of good conduct, and on passing an examination upon the laws of the Province of Quebec, to the satisfaction of the examiners, obtain from the batonnier of the province a diploma, which authorizes him to practise the profession before all courts in this province.

But such person shall, previously, give notice to the secretary of the section in which he resides or, in the event of his not residing in the province, to the secretary of the section which he selects, and pay a sum of two hundred dollars, or such other greater sum, which may be exacted in the province of such barrister for the admission of an advocate of the Province of Quebec to the Bar of such province.

The treasurer of the section shall forward one hundred sent to gene- dollars out of this amount to the secretary-treasurer of the general council.

ral council.

Barristers

upon whom

2. The power granted by this article shall extend only to the barristers of a province, in which the same privilege is is conferred. granted to advocates of the Province of Quebec.

this privilege

Barristers

3. Any person being a member of the Bar of any of the profrom provin- vinces of Canada, in which the same privileges are granted to ces granting the same prithe advocates of the Province of Quebec, shall have the right vileges may to appear and act as an advocate before all the courts of this fore criminal province, having criminal and correctional jurisdiction. 49-50 V., c. 34 s. 56.

practise be

courts.

Names of

candidates

admitted to

3560. It is the duty of the secretary-treasurer of the general council to forward, without delay, to the secretary of be sent to sec- each section to which the candidates respectively belong, the names and surnames, age and residence of the persons admitted to study or practise the profession.

retaries of

sections.

Registration.

The secretaries of sections enregister in a book, kept for that purpose, the notices so received by them. 49-50 V., c. 34, s. 57.

SECTION VII.

DISQUALIFICATION OF ADVOCATES.

3561. No advocate shall practise in any of the courts of Causes which the Province, and all proceedings taken by him shall be abso- disqualify from practislutely null and void, in the following cases: ing:

1. If he occupies a position or office, the exercise whereof is Occupying an inconsistent with the practice of the profession of advocate, as office incondeclared by the general council;

sistent with profession.

felony, &c.

2. If he has been found guilty, by a court of competent Being found jurisdiction, of any crime ranked as a felony, of perjury, subor- guilty of nation of perjury, or of one of the offences set forth in sections 77 to 81, inclusively, of chapter 164 of the Revised Statutes of Canada;

3. If his name is not inscribed on the general roll of the If name not advocates of this province;

on general

roll.

49- pended.

4. If he has been suspended from his functions by a court If he is susor by the council of his section or by the general council. 50 V., c. 34, s. 58.

fore which an

3562. The clerk of any court of justice, having criminal juris- Duty of clerk diction in the province, before which a trial of an advocate of of court bethis province has been had, shall immediately inform the secre- advocate has tary of the section to which the said advocate belongs, of the sentence pronounced upon him, and forward to him a certified copy of such sentence.

been tried to notify secretary of section.

ed in art.

1. If the offence is one of those mentioned in the second If sentence is paragraph of article 3561, the secretary of the section shall one mentionimmediately forward the documents to the general secretary, 3561, name to who shall strike the said advocate's name from the roll;

be struck.

proceeded

2. If the offence constitutes a crime, other than those above- If another mentioned, it shall be the duty of the secretary to lay without crime, to be delay the said documents before the council of the section, with as on a which may order the syndic to proceed thereon as on an ordi- complaint. nary complaint.

It shall be the duty of the syndic to proceed, on such docu- Syndic's ments, as on an ordinary complaint.

duty.

an advocate,

notified to

3. Every judgment of the Circuit Court, of the Superior Judgments Court or of a Court of Appeal in Canada, having jurisdiction suspending in this province, or of the Court of Queen's Bench, Crown &c., by any side, suspending an advocate from his functions or ordering court to be his imprisonment for contempt of court or for any other secretary of reason, shall also be transmitted to the secretary of the section section. to which the said advocate belongs, by the prothonotary or clerk of the court, and the provisions of paragraph two of this article shall apply to such advocate. 49-50 V., c. 34, s. 59.

SECTION VIII.

ROLL OF ADVOCATES.

3563. The secretary of the general council, yearly, during Preparation

Basis for roll.

of annual roll the month of May, as far as practicable, prepares a general roll of advocates. of all the advocates having a right to practise in the province. 2. He takes as a basis the information and details supplied to him by the treasurers of sections, the secretary-treasurers of library associations and the registers in his possession.

Its contents.

Proviso.

3. The roll contains only the names of the advocates, sent by the treasurers of sections and of library associations as having paid their yearly subscriptions and arrears thereon; provided, however, that their diplomas are registered in the registers of the general council, and that they are not under the effect of any sentence of disqualification or suspension from their functions. Advocates practising in a district where there is a library required for association cannot be entered on the roll unless they have paid entry upon roll, if advo- their annual contribution as advocates and all arrears due to cate a member the section and the library association, and unless a certificate of a library association. has been sent by the treasurers thereof. 49-50 V., c. 34, s. 60.

Conditions

Advocate neglecting to

pay in time,

ing receive

3564. Any advocate, whose name has been omitted from the roll for neglecting to pay all his subscriptions, may, at any may on pay- time, pay the same to the proper officer; and, on producing the receipts or certificates of the said officer, the secretary-treasurer of the general council gives to such advocate a certificate, under name was on the seal of the corporation, showing that he has complied with the law and that he is entitled to practise, as if his name was on the roll.

certificate to avail as if

list.

Effect of certificate.

Fees on such certificate.

be obtained

by member

Provided that such advocate be not under the effect of a sentence of disqualification or suspension from his functions, such advocate may on producing such certificate, before the prothonotary or clerk of the court, practise as if his name was on the roll.

2. Saving the right of the general council to otherwise determine the fees and fines to be paid, he shall pay a sum of one dollar as a fee to the treasurer of the section and library association, one dollar as a fee for the certificate given him by the secretary-treasurer of the general council, and five dollars for the benefit of the general council.

Certificate to 3. Any member whose name is omitted, on account of a sentence suspending him from his functions, may, at the after suspen- expiration of the period for which he was suspended, take out a similar certificate, for which he pays the same fees.

sion.

Certificate to

be obtained by member whose name was erro

neously omitted.

Certificate to

mitted after

list is com

4. Any member, whose name has been omitted through no fault on his part, may at once, and without paying any fee, obtain a similar certificate on demand, without prejudice to any damage and complaint to the council to which he belongs, if such there be. 49-50 V,, c. 34, s. 61.

3565. Any advocate, admitted to practice after the making advocates ad- of the roll, may, by paying to the treasurer of his section the sum of four dollars, or any other sum fixed by the general council for his subscription for the current year, obtain from the secretary-treasurer of the general council a similar certificate, free of charge. 49-50 V., c. 34, s. 62.

pleted.

3566. The general secretary causes the roll of advocates to Roll to be be printed at the cost of the general council, as soon as com- printed at expense of genepleted, and, without delay, he forwards by post a sufficient ral council. number of copies thereof, certified by him, to the secretary of To be sent to sections, &c. each section, to be posted up by him in the usual manner and distributed to every sheriff, clerk of the Circuit Court, clerk of Posted up. the Court of Appeals, judge and prothonotary of the Superior Court, clerk of the peace, district and police magistrate, in the section, who shall post them up in a conspicuous place in the office of the court of which they are officers, and shall carefully preserve them. 49-50 V., c. 34, s. 63.

taries of sec

3567. The secretary-treasurer of the general council for- Notice to be wards a notice, under the seal of the general corporation, to all sent to secrethe secretaries of sections, to be by them sent without delay to tions, &c., to the prothonotaries and clerks above-mentioned, ordering them strike names to strike from the roll the names of any advocates which are to from roll. be struck out under this chapter.

of advocates

It is the duty of such prothonotaries and clerks immediately Duties of proto strike out the name of such advocates from the roll in their thonotary possession and to put their initials and the date opposite such such case.

name.

and clerk in

The said prothonotaries and clerks shall also be informed, in Notice to be the same manner, of any judgment suspending an advocate from given them of certain judghis functions, for any period less than one year, and in such ments. case, instead of striking his name from the roll, the prothonotary Their duty in or clerk makes a note thereof on the roll, with the date and his initials. 49-50 V., c. 34, s. 64.

such case.

3568. The prothonotaries of the Superior Court and the Prothonotaclerks of all the courts in this Province shall, saving the provi- ries to refuse to recognize sions of articles 3564 and 3565, from the moment they have advocates been notified, refuse to recognize, as a practising advocate, any whose names one whose name does not appear on the roll, or has been struck are struck. therefrom, or who has been suspended, and they are hereby forbidden to give or receive and produce any document asked for or offered by such advocate.

2. Any sum paid on any document whatever, bearing the Sums paid on signature of such advocate, must be refunded, by such protho- papers, &c., signed by notary or clerk, to the party in whose name the proceeding has such advobeen taken out.

cates to be refunded.

or clerk, in

3. Any prothonotary or clerk, who knowingly infringes any Penalty on of the provisions of the present article, incurs for each such prothonotary offence a penalty of twenty dollars, recoverable before any court fringing this of competent jurisdiction, in any judicial district comprised article. within the section, and one-half thereof shall belong to the prosecutor, and the other to the section in which the court is situated of which such prothonotary or clerk is officer.

4. Whenever informed of any infringement of this chapter it Duty of synis the duty of the syndie, in each section, to take, in the name die to take proceedings of the corporation, legal proceedings against the prothonotary in such case. or clerk who contravenes the present article, and the penalties

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