members of

council.

Recusation of 72. After the case has been inscribed on the merits, it shall be lawful for the parties to recuse any members of the council present for the hearing, and such recusation shall be summarily and immediately adjudicated upon by the other members of the council; the syndic can not recused for the simple fact of his having brought the complaint and conducted the hearing of the case, nor can the bâtonnier nor any member of the council, chosen to try the case as aforesaid, be recused for the fact that he has acted as judge at enquête.

Notice of

judgment if

73. If judgment is not rendered at once five days' not pronoun- previous notice of the day of the rendering thereof shall be given to the parties by the secretary.

ced at once.

Council deliberate privately.

Who may ren

74. The members of the council shall deliberate with closed doors; judgment is rendered by the majority of those present and such judgement is enregistered in the minutes; the dissenting votes cannot be made public in any case.

75. It shall not be necessary that all the members of der judgment. the council who have heard the case be present at the rendering of the judgment: but it may be rendered in presence of the majority of those members who have heard the case.

Members of council cannot

76. No member of the council of the section or of the act as attornay general council shall act as counsel for any of the parties for the parties to a complaint.

Appeal to

general council.

Notice of appeal.

Security required.

77. Any party aggrieved may appeal from the final judgment and at the same time from the interlocutory judgments which may have been rendered in the case; the said appeal shall be brought before the general council of the Bar of the province, and no judgment of a council of a section shall be revised, reversed, annulled or reformed by any other means than such appeal, not even by certiorari.

78. The appellant shall give notice of appeal to the opposite party, and file such notice with the return of service with the secretary of the section, within fifteen days from the rendering of the judgment, and he shall, within thirty days from the rendering of the same deposit with the treasurer of the council of the section which rendered the judgment, one hundred dollars as security :

1. For the payment of the expenses of the general council on the appeal;

2. For the costs of the respondent.

secretary

79. The treasurer of the section shall immediately Deposit to be forward the said deposit to the secretary treasurer of the forwarded to general council, to be applied to pay the expenses of the treasurer of general council and of the members thereof. If the general counappellant obtains judgment for his costs against the respondent, he shall have the right to include that portion of the deposit absorbed by the costs of the general council.

cil.

to be forward

80. On receipt of the said deposit within the delay Record, depospecified, the secretary of the section shall transmit, to sit and notice the secretary treasurer of the general council, the record ed to general together with the deposit and notice given by the appel-council. lant, also an extract from the registers, and a copy of all judgments and orders rendered and made in the case;

entered on ap

81. On receipt of the deposit and record, the secretary Case to be treasurer of the general council shall immediately enter peal roll, on the case on the roll of appeal and shall deposit in the post receipt of office a notice, postage prepaid, of such appeal, mentioning record, &c. the place where the council shall sit, in accordance with section 41, as well as the day and hour fixed by him for the hearing; the said notice shall be addressed to the appellant, Notice of such the respondent, and to all the members of the general appeal. council, who shall be bound to be present on the day and

at the hour specified to attend such hearing; the hearing Delay for cannot take place before the expiration of the fifteen days hearing. following the posting of such notice.

82. No member of the council of the section, who took Certain mempart in the trial or in the judgment of the section, shall sit bers not to sit in appeal. on such appeal.

83. The judgment shall be rendered in the same Judgments manner, and with the same formalities as the judgment how rendered. of the council of a section; but a majority of the members present shall be sufficient to confirm the judgment; the concurrence of the absolute majority of the general council, qualified to sit in the case, shall be necessary to reverse or modify the judgment.

84. The general council may either confirm the judg- Power of genment appealed from purely and simply, or render such eral council. judgment as should have been rendered by the council of the section, and award costs, as well on the principal action as on the appeal, in the manner which it may deem equitable; and in case of a judgment suspending the accused it shall fix the date at which such suspension shall commence, and how long it shall last, and such judgment shall be final and cannot be evoked, reversed or annulled by any other tribunal whatever, not even by certiorari; it

Judgment and

record to be

may, in giving judgment on an appeal, order that a sum adjudged by it, shall be paid to the successful party by the party condemned, to indemnify him for his personal costs and expenses on the said appeal.

85. The judgment of the general council and the returned to record shall be immediately returned to the secretary of secretary of the section whence the record has been received, and the judgment shall be enregistered in the registers of the section and shall be carried into execution as the judgment of the council of the section.

section.

Tariff of fees

pared.

86. A tariff of fees, payable to the secretary-treasurer of may be pre- the section and to the secretary-treasurer of the general council, may be prepared by the general council and by it amended or repealed.

appeal.

Bill of costs on 87. The secretary-treasurer of the general council shall forward with the record, a bill of costs on the appeal taxed by him; he shall pay to the respondent or to his attorney, if need be, his costs of appeal and expenses before the council of the section out of the balance of the deposit made in his hands, or he shall forward it for the said purpose to the treasurer of the section; if the appellant succeed, the balance of the deposit shall be returned to him.

Advocate may be struck from

88. Should the advocate condemned to pay the costs roll if costs not awarded against him fail to pay the same, within fifteen paid. days after final judgment in the case, it shall be the duty of the treasurer of the section to notify him that unless he pay the costs still due by him, within a further delay of eight days, his name shall be forwarded to the secretarytreasurer of the general council to be struck from the roll of advocates; and at the expiry of the said delay of eight days, if the said costs, together with one dollar for the said notice, shall not have been paid to the party or to the treasurer, the treasurer and bâtonnier of the section, on the declaration in writing of the successful party, shall certify such default to the secretary-treasurer of the general council, who, in such case, shall strike the name of the advocate in default from the roll of advocates.

May resume practice on

Such advocate may acquire the right of resuming certain condi- practice, by paying the said costs and complying with the provisions of section 55 of this act.

tions.

LIBRARY ASSOCIATIONS.

89. Every library association established at a chef-lieu of a judicial district, is hereby maintained, and one may be established in any judicial district in which none as yet exists.

establish li

90. When at least two thirds of the advocates in one Proceedings to of such districts shall have signed a declaration in triplicate, Crary associasetting forth that they form themselves into an association tions. to acquire and own a library for their own and the judges' use in the said district, and one of such triplicates has been deposited in the hands of the secretary of the section, another in the office of the prothonotary of the Superior Court for the said district, the third being kept by the association itself, all the advocates residing in the said district, or who may hereafter reside therein, shall constitute a civil corporation for the said purposes under the name of "The Library Association of (adding the name of the district); which shall possess all the powers and rights granted to corporations by the laws of this country and may, moreover, possess immovables to the value of ten thousand dollars.

of affairs of

91. The affairs of the association shall be administered Management by a committee of management, composed of a president, a library secretary-treasurer and three other members. All ques-ciations. tions submitted to the committee shall be decided by the majority of the members present, including the president who shall, moreover, have a casting vote.

of

Duties of offi

Three members of the committee shall form a quorum. Quorum The powers and duties of the said officers shall, for the committee. purposes of the association, be the same as those of the cor-cers. responding officers of councils of sections.

first meeting.

92. The first general meeting, for the election or choice of hairman at the committee, shall be presided over by the senior advocate present, who shall have a right to vote and shall, moreover, have a casting vote; all other subsequent meetings Subsequent shall be presided over by the president, or in his absence by meetings. a member appointed by the meeting.

and where

93. Such first general meeting shall be held at the court First general house of the district, on the first Monday of the month meeting when immediately following the formation of the association; held. or if such Monday be a non-juridical day, then on the following day; if the election does not place on the day fixed, it may then be held at any other meeting, specially called by three members of the association; the quorum of every meeting shall consist of the absolute majority of the members of the association, qualified to vote.

All members who have complied with section 95 of this Right to vote. act shall be qualified to vote.

94. The committee of management may pass the by-laws By-laws may which it may deem necessary for the purchase, keeping, be passed.

Payment to

administration and management of the library and other property.

95. Every member of the association shall, at the time associations. of the first election, and annually thereafter pay, previous to the first of May and always in advance to the secretarytreasurer the sum of five dollars.

paid after establishment

Bar fees to be 96. After the establishment of the said association, the members of the Bar, forming part of the said association shall pay to the treasurer of the section an annual sum of five dollars only.

of library.

List of mem-bers to be forwarded to

seetion.

97. It shall be the duty of the secretary-treasurer of such association to forward to the treasurer of his section, treasurer of on or before the first of May, but previous to the general election, a list of all the members of the said association from the establishment of the said association up to the time of sending in the said list; he shall send a similar one, to the secretary-treasurer of the general council, on the fifteenth day of May in each year.

establish sec

GENERAL PROVISIONS.

Proceedings to 98. Whenever the members of the bar, duly qualified tions. to practise and practising in any new district, exceed fifteen, it shall be lawful for them to constitute themselves into a section of the bar in and for such district, and such corporation shall be formed as follows: a petition shall be signed by at least fifteen of the members of the bar of such district and transmitted to the lieutenant-governor in council who shall issue a proclamation constituting such corporation.

First election.

From and after the date of such proclamation the members of the bar of such district shall constitute, under the name of the Bar of (adding the name of the district) a separate section of the bar and all the provisions of this act respecting section shall apply to such sections.

The first election in any such section shall be held within the three months next after the date of the proclamation, at a meeting to be held in the Court House of the district of the section for which such election takes places; which meeting shall be convened by at least five members of the bar, practising within the limits of the section by notice sent to each member of the bar practising in the district by registered letter at least fifteen days before such meeting, and also, by a notice posted, at the Court House in which such meeting is to be held, at least eight days before such meeting.