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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 in evidence in the same manner as copies signed by the Notary who shall have passed the minute.
shall be authentic,
be construed. Notaries not
XXV. And be it enacted, That the Prothonotaries of the Courts of Queen's Bench for Fees to the the Districts aforesaid, shall be entitled to demand and receive, for entering and en- of the Courts registering the oath of office and certificate of admission of any Notary, the sum of five of Q. B. shillings currency, and six pence currency per hundred words for every copy thereof; cases. 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 twenty- So much of fifth
year of the reign of His late Majesty, King George the Third, intituled, An Ordinance 25 Ordinance concerning Advocates, Attornies, Solicitors, and Notarics, and for the more is repugnant easy collection of His Majesty's Revenues; or of any other Law, Statute, or Ordinance to this Act re
pealed. as may be inconsistent with this Act, shall be, and is hereby repealed.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 pre- How certain ceding Section cited, as enacts that no Notary shall hold the office of Clerk of any the sanatori Court, shall be construed to apply only to the office of Clerk of any Court of Queen's pances shall 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 Mer- to act as such chant, 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 callings. carrying on business as a Merchant, Trader, or Manufacturer, is hereby required to Those now elect or make choice of one of those avocations, within six months after the passing must elect of this Act, and to transmit his declaration to that effect to the Board of Notaries, and which they to the office of the Court of Queen's Bench in their respective Districts; but any No- within 6 tary who shall have made choice of the office of Clerk of any Court of Queen's Bench, months after or of Registrar or Deputy Registrar of any County, or of the calling of a Merchant, this Act. Trader, or Manufacturer, may retain his minutes and repertory in his possession, and They may may issue copies or extracts of deeds and contracts passed before him ; and may, minutes &c. also, after having ceased to hold the said office of Clerk or of Registrar or of Deputy And may
practice Registrar, or to carry on business as a Merchant, Trader, or Manufacturer, exercise when they the functions of a Notary, after having transmitted his declaration to that effect in the disuse such
other calling. 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
contravening office of Clerk, or of Registrar or Deputy Registrar, or carrying on business as a this Section. 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
while exercising certain
Proviso: as to Notary and the business of a Merchant, Trader or Manufacturer; Provided always, Registrars and deputies now
that no Registrar or Deputy Registrar now appointed shall be affected by the provisions appuinted. of this Act.
Falme swear. XXVIII. And be it enacted, That any person who shall wilfully swear falsely, Act to be pero touching any matter with regard to which an oath is required by this Act, shall on jury. conviction thereof before any Court of competent jurisdiction, be deemed guilty of
wilful and corrupt perjury, and shall be liable to be punished accordingly. Punishment XXIX. And be it enacted, That any person assaulting or otherwise obstructing a of persons as. saulting or
Notary in the due execution of his duty as such shall be guilty of a misdemeanor, and obstructing may on conviction thereof be sentenced to the same puishment as if he or they had Nularies,
been convicted of an assault upon a Peace Officer or a Revenue Officer in the execution of his duty.
Board of Notaries to make a Tariff of
Tariff to be
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
homologated and confirmed by the Court of Queen's Bench for the District, and any proval by Q. 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 Penalty for time when the said tariff shall have been homologated and published, shall for each demanding higher fees. such offence incur a penalty of five pounds currency. Recovery of 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
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.
Vacancies in the Board of
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 jurisdic
tion 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 adminisiering 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.
SCHE DU L E 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
Esquire, hath duly passed his exa. mination before “ The
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
in the District of
in the Province of Canada, the day of 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.
[ 28th July, 1847. ]
HEREAS since the establishment of the Notarial Profession in that part of Preamble.
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 rial Actes, In: 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, although the and wherein the Notaries before whom they were respectively executed, being Nota Notaries ries for the part of the Province last above mentioned, have styled themselves Notaries wrongly stated for the Province of Quebec, Notaries for the Town and District of Montreal, or Nota
their quality in ries Public residing in such a Parish, or the undersigned Public Notaries, or taken any ry part. 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