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Cap. 55 · Notarial Profession And Notarial Archives (Cap. 55)

Cap. 55 Art. 125Information of any contravention may be laid by any person. Procedure.

TITLE I

In KraftAmtlicher Text

(1) Any complaint in respect of any contravention committed by any notary or by the archivist against the provisions of this Act, or of any breach of his duties, or of any abuse, negligence or other irregularity, may, at any time, be brought to the cognizance of the said court by the Attorney General, the President of the Notarial Council or by any other person, by an application.

(2) The court upon ascertaining summarily on such evidence as it may deem proper to require the matter of the complaint, shall order the said application to be served to the Attorney General.

(3) If the contravention, abuse or negligence imputed to the notary or archivist is such as to call for the application of a punishment heavier than that of admonition and reprimand, the court shall determine whether there are or not sufficient grounds for further proceedings. In the former case the court, upon ascertaining summarily on such evidence as it may deem fit to require, the matter of the complaint, shall order the said application to be served on the party concerned, allowing him fifteen days within which to file a statement of defence, by means of a note, and if such party fails to present such note, or the court considers insufficient the defence set up by him, the court shall summon such party to appear before it at the place, day and hour fixed in the writ of subpoena and shall give notice thereof to the Attorney General. The person so summoned may appear either personally or by a special attorney and may be assisted by an advocate and may file statements of defence.

(4) The court, after hearing the person summoned as aforesaid or his representative and the Attorney General, if present, shall dispose of the case.

Änderungsgeschichte
  • Amended by L.N. 46 of 1965