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3687. Application for such permission shall be made in the Application. form of a petition, and the Lieutenant-Governor in Council shall not grant the same unless the notary, to whom the assignment is made :

1. Produces a certificate of the Board of Notaries, signed by Certificate. the president of the said Board, establishing that he is a notary and has a right to practise as such and is not undergoing any disciplinary penalty on the part of the said Board;

2. Accompanies the petition by a report over his signature, Report. specifying the number and condition of the said minutes, together with the number of the minutes missing, if any;

3. Provides a vault or safe, sufficient as a protection against Vault. fire or damp, wherein to deposit the minutes, repertory and index. (Schedules Nos. 5, 6 and 7.) 46 V., c. 32, s. 83.

vault.

3688. The inspection, for the purpose of ascertaining the Costs of inscondition of the vault, is made at the cost of the applicant, who pection of shall pay the same immediately, and before he can obtain an order for the possession of the notarial gretje ceded and transferred to him. 46 V., c. 32, s. 84.

inspection of

3689. Every notary, to whom a greffe is transferred, must Every notary permit such inspection of the vault or safe, as the Board of must permit Notaries may, from time to time, require by an order under the vault. signature of the president or vice-president of the Board and countersignature of by one of the secretaries. 46 V., c. 32, s. 85.

3690. Every notary, to whom a greffe is transferred, shall, Notice of a within one month from the granting of his application, give greffe being notice thereof to one of the secretaries of the Board. (Schedule No. 8.) 46 V., c. 32, s. 86.

transferred to

a notary, must be given by him.

3691. The fees paid to a notary, to whom a greffe is trans- Fees. ferred, for searches, copies and extracts are the same as those which he receives for his own deeds. 46 V., c. 32, s. 87.

3692. Every transfer of a greffe is made for a period of Transfer of a fifty years only, dating from the order in council granting the greffe only first transfer. 46 V., c. 32, s. 88.

made for period of 50 years.

notary may

3693. The transferred greffe of any notary who desires and Transferred is entitled to resume the practice of his profession may, if he be grees of any not under any disciplinary penalty, be re-transferred to him, be re-transwithout other formality than a notice to that effect published ferred to him. in the Quebec Official Gazette, and a declaration transmitted to one of the secretaries of the Board. 46 V., c. 32, s. 89.

§6.-Preservation of Minutes, Repertories and Inde.res and the Deposit thereof.

3694. When fifty years have elapsed since the date of the Deposit of order in council authorizing the first transfer, the notary, or fe after

lapse of 50 years from date of order in council.

Deposit of greffes of deceased

notaries, &c.

other person then in possession of such greffe, shall deposit the same in the office of the prothonotary of the district. 46 V., c. 32, s. 90.

3695. Except in cases of lawful transfer of notarial greffes under the preceding subsection, the minutes, repertories and indexes of every practising notary who dies, leaves the Province, or who becomes unable to act as such, on account of his performing functions inconsistent with his practising, or of any notary, interdicted or removed from office, or who voluntarily ceases practising, as well as the greffes of which he was the depository, are deposited by him, or by the party to whose care he has left them, or by his curator, his widow, his children, his heirs or legatees, as the case may be, in the office of the prothonotary of the Superior Court for the district in which such notary last practised and resided. 46 V., c. 32, s. 91.

When deposit 3696. Such deposit shall be made within thirty days from shall be made. the occurrence which renders it necessary, except in case of death when the delay is sixty days; but such deposit does not prevent the tranfer of a greffe in accordance with the provisions of the said preceding subsection, provided such transfer is made within the year following the deposit. 46 V., c. 32, s. 92.

Penalty for

do so.

3697. Every person, obliged to make the deposit, who neglecting to refuses or neglects to make the same, is liable to a penalty of fifty dollars for each month of delay, counting from the delay specified in the preceding article.

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The notary himself is further subject to the disciplinary penalties hereinafter mentioned: the whole also without prejudice to any action for damages on the part of the party injured. 46 V., c. 32, s. 93.

3698. As soon as the syndie is informed that a notary's grele should be deposited, and that such deposit has not been effected within the required delay, he shall give notice thereof to the prothonotary of the district in which the deposit should be made. (Schedule No. 9.) 46 V., c. 32, s. 94.

3699. Upon the refusal or neglect of any person, obliged thereto, to make such deposit, the prothonotary is bound, within thirty days from the notice which is given to him by the syndic of the Board of Notaries, to proceed, in a summary manner, to recover and obtain possession of such minutes, repertories and index, by an action of revendication, before a judge of the Superior Court of the said district, either in term or vacation.

He is also bound to report his proceedings to the president of the Board of Notaries, without unnecessary delay.

In default of the prothonotary fulfilling this duty, he is personally liable to a penalty of fifty dollars for each month of delay. 46 V., c. 32, s. 95.

3700. The minutes, repertories and indexes of notaries, Minutes, &c., transferred to the prothonotaries of the Superior Court, form deposited, part of the records of their office. 46 V., c. 32, s. 96.

form part of records of prothono

tary's office.

Superior

3701. The prothonotary of the Superior Court of any Fees to be redistrict is entitled to receive for every copy and for every ceived by proextract by him delivered, of any notarial deed or annex, thonotary of whereof he is custodian, fifty cents for the first four hundred Court. words or under, ten cents for every additional hundred words, and fifty cents for the certificate of authenticity; and a Fees for further sum of ten cents, for each year searched in the tory and index collectively. 46 V., c. 32, s. 97.

reper

searches.

to notary

3702. The prothonotary, with whom has been deposited Payment by the greffe of a notary who has been interdicted or suspended prothonotary or who has ceased to practise his profession, shall, during ten whose grefe years from the date of the deposit, pay to such notary one-half of has been the fees received for searches, copies and extracts from the deposited. deeds deposited. 46 V., c. 32, s. 98.

of notary.

3703. If the notary die within ten years from the date of Rights of the deposit of his greffe, his widow and, if he leave none, his widow, &c., heirs, shall be entitled to receive one-half of the fees until the expiration of the ten years. 46 V., c. 32, s. 99.

3704. If the deposit be due to the death of a notary, his If deposit due widow, whether she be in community with her husband or to notary's death, widow separated as to property or has accepted or repudiated the or heirs encommunity, is entitled to one half of the same fees, during the titled to oneten years following his death; if he leave no widow, the heirs of the notary have the same rights even if they renounce the succession. 46 V., c. 32, s. 100.

half the fees.

3705. The portion of the fees which the prothonotary is to These fees pay over, in virtue of the three preceding articles, is not liable not liable to to seizure. 46 V., c. 32, s. 101.

seizure.

interdicted or

3706. Whenever any notary, interdicted or absent, is re-ad- When notary, mitted to practise, he shall be entitled again to obtain posses-, is resion of his minutes, repertory and index deposited, as shall also admitted to any notary who has voluntarily ceased to practise, and has practise. transmitted his greffe as aforesaid, if he desire again to practise.

But in no case shall the prothonotary allow the greffe to go Proviso. out of his possession before the notary delivers to him a certificate from the president of the Board of Notaries that he is not under any disciplinary penalty and that he has a right to practise. 46 V., c. 32, s. 102.

SECTION VI.

BOARD OF NOTARIES.

Board of
Notaries

Board of No

$1.-Constitution and Composition of the Board.

3707. The notarial profession is governed by a council known under the name of the Board of Notaries." 46 V., c.

32, s. 103.

3708. The Board of Notaries is a body politic, enjoying all taries a body the privileges conferred by law upon civil corporations.

politic.

May acquire, It may acquire and possess real and personal estate not &c., property. exceeding in value the sum of fifty thousand dollars. It may also alienate its property. 46 V., c. 32,

Services upon
Board.

Composition of Board of Notaries.

Elections of members.

Place and date of election.

When held, if

day fixed for

3709. Every service on the Board, made at the office of one of the secretaries, is a good and valid service. 46 V., c. 32, s. 105.

3710. The Board of Notaries is composed of forty-three members, elected in the manner hereinafter prescribed, and distributed as follows:

Nine for the district of Montreal-eight for that of Quebec; four for that of Three Rivers;-three for that of St. Hyacinthe-two for each of the districts of Richelieu, Iberville, Joliette and Kamouraska;-one for each of those of Ottawa, Terrebonne, Montmagny, Beauce, Arthabaska, St. Francis, Bedford, Beauharnois, Rimouski and Gaspé;-and one for the united districts of Chicoutimi and Saguenay. 46 V., c. 32, s. 106.

3711. The members of the Board are elected by the practising notaries residing in the above named districts, respectively, at general meetings, at the times and places hereinafter prescribed, at the chef-lieu, in each of the said districts, at which at least five notaries are present; but as regards the united districts of Chicoutimi and Saguenay such meetings are held at Chicoutimi, in the district of Chicoutimi. 46 V., c. 32, s. 107.

3712. The election is held at the court house, at one o'clock in the afternoon, on the first Wednesday of the month of June of the year in which it is to be held, by the majority of votes of the notaries present taken by ballot; and the sheriff of every district shall be bound to provide a fit and proper room for such meetings. 46 V., c.32, s. 108.

3713. If the day fixed for the holding of general meetgeneral meetings be a non-juridical day, they shall be held on the first jurijuridical day. dical day following. 46 V., c. 32. s. 109.

ing be a non

3714. Counting from the meeting to be held at the end of General meetthe present triennial term, general meetings shall be held every ings and three years, to which period the functions of the members of the Board are limited.

term of office

O members.

Nevertheless they shall remain in office until their successors Re-election. are elected or appointed and they may be re-elected if they consent thereto. 46 V., c. 32, ss. 110 and 111.

3715. Each such meeting is presided over by a notary, Each meeting chosen by the majority of the notaries present, entitled to vote presided by at such meeting. 46 V., c. 32, s. 112.

notary chosen by majority.

3716. Practising notaries are alone entitled to vote at Right to vote. meetings of notaries or to be chosen to preside thereat. 46 V., e. 32, s. 113.

3717. Practising notaries are alone eligible as members of Qualification the Board of Notaries.

They must, in addition, have paid, before the first of April preceding such meetings, the subscription then due. 46 V., c. 32, s. 114.

of members of

Board.

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3718. By "practising notary," within the meaning of this Practising section is meant one, who, having paid his subscription, is not notary dedeprived of the right of passing deeds and who has not been appointed to one of the offices mentioned in article 3632, whether he has been appointed before the first of January, eighteen hundred and seventy-four or since that date. 46 V., c, 32, s.

115.

3719. During the month of April of the year in which the The treasurer, general election of the members of the Board of Notaries is to secretaries, the syndic or be held, the treasurer of the Board, the secretaries, the syndic president or the president, that is to say, in default of either, any of the shall forward others in the order above enumerated, shall forward by regis- ing notaries list of practis tered letter to the sheriff of each district, in which the general to sheriffs. election is to be held, the list of all the practising notaries of such district who have paid their subscription in accordance with article 3717. 46 V., c. 32, s. 116 ; 48 V., c. 35, s.1.

list to all

3720. As soon as the list comes into the sheriff's possession, Sheriff shall he is bound to give communication thereof, gratis, to all notaries give access to who apply to him, so as to have it corrected by the treasurer, notaries who if necessary. 46 V., c. 32, s. 117.

may apply.

chairman of meeting.

3721. As soon as the chairman of the meeting is appointed, Sheriff shall the sheriff shall deliver the list to him, with all the corrections deliver list to which may have been received by him from the treasurer, and the chairman of the meeting shall not accept any ballot from a notary whose name is not on the list. 46 V., c. 32, s. 118.

3722. The notary, called upon to preside over the meeting, Where minafter having drawn up and signed the minutes of the proceed- utes of pro

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