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SECTION II.

ASSISTANT ATTORNEY-GENERAL.

704. The Lieutenant-Governor in Council appoints by com- Assistant of mission an officer called the "Assistant Attorney-General." Attorney48 V., c. 6, s. 5; 49-50 V., c. 99, s. 8; 50 V., c. 7, s. 3.

General.

CHAPTER FOURTH.

DEPARTMENT OF THE PROVINCIAL SECRETARY AND MATTERS

CONNECTED THEREWITH.

PART FIRST.

DEPARTMENT OF THE PROVINCIAL SECRETARY.

SECTION I.

PROVINCIAL SECRETARY.

§ 1.-His Titles and Qualities.

705. The Provincial Secretary has the control and manage- Powers. ment of the provincial secretariat.

He is at the same time Provincial Registrar. B. N. A. Act, 1867, ss. 134 and 135; 31 V., c. 11, s. 1; 49-50 V., c, 100, s. 1.

706. The department of Public Instruction is under the Controls DeProvincial Secretary. 49-50 V., c. 100, s. 2.

§ 2. Functions of the Secretary and Registrar.

partment of Public Instruction.

707. The powers, duties and functions of the Secretary and His powers, Registrar are the following:

1. He is the keeper of the Great Seal of the Province; 31 V., c. 11, s. 1; 49-50 V., c. 100, s. 3 § 1.

2. He has charge of the correspondence of the Government of the Province; 49-50 V., c. 100, s. 3 § 2.

3. He is the keeper of all the registers and archives of the Government, which do not specially belong to other departments, and of all the registers and archives which have been delivered to the Government of the Province in virtue of section one hundred and forty-three of the British North America Act, 1867; 31 V., c. 11, s. 1; 49-50 V., c. 100, s. 3 § 3.

duties and functions.

Lists of public lands patent

4. He issues all letters-patent, commissions and other documents under the Great Seal, and countersigns the same, except such as should be countersigned by the Clerk of the Crown in Chancery; 31 V., c. 11, s. 1; 49-50 V., c. 100, s. 3 § 4.

5. He registers all proclamations, commissions, letters-patent and other instruments and documents issued under the Great Seal of the Province; 49-50 V., c. 100, s. 3 § 5.

6. It is his duty to deliver, under his attestation and his hand, all copies of the registers, archives and documents in his possession; 31 V., c. 11, s. 1; 49-50 V., c. 100, s. 3 § 6.

7. He is charged with superintending the administration or the execution, as the case may be, of the laws respecting the following:

a. The municipal system;, M. C. ; 40 V., c. 29 ;

b. Police; C. S. C., c. 104; C. S. L. C., c. 102;

c. Reformatory and industrial schools; 32 V., cc. 17 and 18: d. The insane; C. S. C., c. 73; 48 V., c. 34.

e. The incorporation by letters-patent of joint stock companies and their voluntary winding up, and the formation of gas and water companies, electric telegraph companies, cooperative associations or companies for commercial purposes, and cemetery companies; C. S. C., c. 65; C. S. C., c. 67; 29 V., c. 22; 31 V., c. 25; 33 V., c. 31; 42-43 V., c. 31.

f. Statistics; C. S. C., c. 84 ; C. S. L. C., c. 111; M. C., 168, 1686, 169 and 990; 40 V., c. 29; 49-50 V., c. 100, s. 3 §7; 5152 V., c. 29, s. 3.

8. He is charged with the annual compilation of the statistics of births, marriages and deaths and causes of death in the Province; 50 V., c. 7, s. 14.

9. He has the functions, duties and powers which were assigned by law to the secretary and registrar of the late Province of Canada, in so far as is consistent with the division of powers established between the Government of Canada and that of this Province, by the British North America Act, 1867, and not modified or affected since then; 31 V., c. 11, s. 1; 49-50 V., c. 100, s. 3 § 8.

10. He has further such powers, duties and functions as may, from time to time, be assigned to him by law or order of the Lieutenant-Governor in Council, or as may not have been assigned to any other department of the Government. 31 V., c. 11, s. 1; 49-50 V., c. 100, s. 3 § 9.

708. The Provincial Registrar shall transmit, as early ed to be sent possible in each year, to the registrar of every county and registrars and registration division, and to the secretary-treasurer of every secretary- municipality in this Province, a list of the public lands patented during the year next preceding. 32 V., c. 11, s. 35 § 2.

treasurers.

Registration

709. The Provincial Registrar or his deputy shall register of letters- all letters-patent with the least possible delay, endorsing and

patent.

signing, as by law provided, a certificate of such registration on the same, and shall transmit the same to the Commissioner of Crown Lands, to be by him forwarded to the proper person. C. S. L. C., c. 39, ss. 1 and 2.

tered.

710. The Provincial Registrar shall register such letters- How they patent at full length, by engrossing them separately in one or shall be regismore properly bound books, and shall, in the margin of every such register, insert the time of such registration; and shall safely keep all such registers in his office, there to remain of public record. C. S. L. C., c. 39, s. 3.

711. The Provincial Registrar shall furnish and deliver Registrar to copies of such letters-patent and of such registrations and en- deliver copies when requirrolments thereof, and such certificates under his hand and signature concerning the same as are hereinbefore mentioned, to all persons requiring the same and paying the fees herein

after mentioned.

2. The Provincial Registrar shall be entitled to demand, from Fees to Registhe grantees in any letters-patent named, for the registry of trar. such letters-patent, the sum of two dollars, provided the said letters-patent do not contain more than two thousand words, and if they contain more than two thousand words, then the registrar shall be entitled to demand ten cents for each and every one hundred words contained in the said letters-patent; and the registrar for each and every copy of such letters-patent and of the registrations and enrolments thereof, which he is required to deliver, shall be entitled to demand the sum of two dollars for each such copy which shall not contain more than two thousand words, but, in case the same shall contain more than two thousand words, then the registrar shall be entitled to demand ten cents for each hundred words contained in such copy; and no higher fees shall be demanded for the services aforesaid than those allowed by the present article.

3. All copies of the registration made at full length of Such copies any such letters-patent in the register kept for the purpose, to be deemed duly certified duly certified under the hand and signature of the registrar, authentic. shall be deemed authentic and shall be evidence of such letterspatent so registered, and shall have the same effect as the production in court of the said letters-patent. C. S. L. C., c. 39, ss.

4, 5 and 8.

longer to

of certain letters-patent.

712. The Registrar of the Province of Quebec shall no Provincial longer be charged with the custody of the originals of the Registrar no letters-patent whereby any Crown Lands, situated in Lower have custody Canada at the time of their granting, were granted before the of originals second day of August, 1851. Upon application for that purpose and the payment of the Such originfees which a copy would cost, he may hand over such originals als to be to the proprietors of the lands which these letters-patent to owners of purport to grant, after having ascertained that they have been land on pay

handed over

ment of certain fees.

Validity of copies of re

gistered let ters-patent.

Registrar neglecting his duty liable in treble dam

ages.

Suits therefor.

Effect of signature to attested copies.

Copies signed

duly registered in the office of the Registrar at the time of their issue in conformity with the provisions of the law in force at the time of their registration.

All copies of letters-patent so registered before the second day of August, eighteen hundred and fifty-one, certified as such by the Registrar of the Province of Quebec or his deputy, shall be deemed authentic and shall be evidence of such letters-patent and of the contents thereof in all courts and for all lawful purposes. 51-52 V., c. 16, s. 1.

713. If the Provincial Registrar neglect to perform his duty according to this section, or commit or suffer to be committed any undue or fraudulent practice in the execution of his said duty, then such Registrar shall be liable to pay treble damages and full costs of suit to any person who shall be injured thereby.

Such damages and costs are recoverable by action in any court in the Province, wherein either party shall and may obtain a trial by jury, by whose verdict the truth of the matter in issue and the quantum of damages sustained by the plaintiff shall be found and assessed. C. S. L. C., c. 39, s. 9.

714. The signature of the Secretary and Registrar to copies are proof of the fact that such documents, registers and archives exist, and are lawfully in his possession.

Any copy signed by him is equivalent to the original itself are equivalent in any court of justice; and any document or copy, purportto originals, ing to bear his signature, is deemed to do so until proof of the contrary. 31 V., c. 11, s. 1; 49-50 V., c. 100, s. 4.

&c.

Tariff of fees for issuing and registering documents, &c.

Accounting.

§3.-Fees exigible by the Secretary and Registrar.

715. The Lieutenant-Governor in Council, from time to time, makes a tariff of sums to be paid for the issuing and registering of commissions and documents, and for the delivery of copies certified by the Secretary and Registrar.

The Secretary accounts to the Provincial Treasurer for all sums received in virtue of such tariff. 31 V., c. 11, s. 5; 49-50 V. c. 100, s. 5.

SECTION II.

AssistantBecretary.

Effect of his signature.

Deputy registrar.

ASSISTANT-SECRETARY AND DEPUTY REGISTRAR.

716. The Lieutenant-Governor in Council appoints, by commission, an assistant secretary.

The signature of such officer has the same effect as that of the Secretary for all purposes other than those of registration. 31 V., c. 11, s. 2; 49-50 V., c. 100, s. 6.

717. The Lieutenant-Governor in Council appoints, by commission, a deputy registrar.

The signature of such officer has the same effect as that of Effect of his the Registrar for all registration purposes and for issuing signature. authentic copies of registered documents. 31 V., c. 11, s. 3; 49-50 V. c. 100 s. 7.

PART SECOND.

MATTERS CONNECTED WITH THE DEPARTMENT.

SECTION III.

PRESERVATION OF OLD FRENCH RECORDS.

French re

718. The Lieutenant-Governor in Council, with the view of Regulations giving cheap and easy access thereto, and that they may be respecting the preservation kept in a state of preservation and safety, so that they may be and publica useful, may make orders touching the arrangement, removal, tion of old digesting, printing, publishing, distributing, preserving and cords. disposing, in whole or in part, of the papers, manuscripts and records interesting to such of the inhabitants of the Province who hold property under titles acquired prior to the cession, and of divers ancient records relating to the city of Montreal and other parts of the Province. C. S. L. C., c. 3, s. 4.

documents

719. Every person, possessed of any papers, manuscripts and Persons surrecords, appurtenant to any public office or office of public de- rendering posit prior to the cession, who surrenders the same in virtue of under such such orders, is as justifiable as if the same were delivered up under a statute framed for that purpose. C. S. L. C., c. 3,

S. 4

orders protected.

ments con

720. It is as unlawful for any person, possessed of any Withholding such public paper, manuscript or record, to withhold or detain such docuthe same contrary to such orders, as if they were withheld or trary to such detained against any statute expressly commanding the resti- orders to be tution thereof to the proper office to which the same belongs or appertains. C. S. L. C., c. 3, s. 4.

unlawful.

SECTION IV.

USE OF PARCHMENT DISPENSED WITH.

tain docu

721. It is not necessary that any commission, letters-patent] Use of parchcharter of incorporation, or proclamation by the Lieutenant- ment for cer Governor or other public document of any kind whatsoever, ments disissued by the Government of this Province, be written upon pensed with parchment.

Such public documents may be written or printed upon Paper is ordinary paper. 33 V., c. 7, s. 1.

sufficient.

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