« ForrigeFortsæt »
mus ne admittas) is a writ directed to the bishop at the suit of one who is patron of any church, and he doubts that the bishop will collate a clerk of his own, or admit a clerk presented by another, to the same benefice: then he that doubts it shall have this writ, to prohibit the bishop that he shall not collate or admit any to that church, pending the suit. Terms of the L. (a)
New style: See kirlendar.
tians rising in the night to perform the same. Gibs. 263.
See Proctors. 1. A Notary was anciently a scribe, that only took notes or Notary,
minutes, and made short draughts of writings, and other who. instruments, both public and private. But at this day we call
him a notary public, who confirms and attests the truth of
any deeds or writings, in order to render the same authentic. Ayi. Par. 382.
The law books give to a notary several names or appellations, as actuarius, registrarius,, scrinarius, and such like. All which words are put to signify one and the same person. But in England, the word registrarius is confined to the officer of some court, who has the custody of the records and archives of such court; and is oftentimes distinguished from the actuary thereof. But a register ought always to be a notary public; for that seems to be a necessary qualification of his office.
2. A notary public is appointed to this office by the arch-
By 41 Geo. 3. (U. K.) c. 79. it is enacted, that from and after
every such affidavit on the back or at the bottom of such contract or indenture. $ 2.
And from the said first day of August, in case any person shall, in his own name or in the name of any other
person, make, do, act, exercise, or execute and perform, any act, matter, or thing whatsoever, in anywise appertaining or belonging to the office, function, and practice of a public notary, for or in expectation of any gain, fee, or reward, without being admitted and inrolled, every such person for every such offence, shall forfeit and pay the sum of fifty pounds, to be sued for and recovered in manner therein mentioned. § 11.
And whereas the incorporated company of scriveners of London, by virtue of its charter, hath jurisdiction over its members being resident within the city of London, the liberties of Westminster, the borough of Southwark, or within the circuit of three miles of the said city, and hath power to make good and wholesome laws and regulations for the government and controul of such meinbers, and the said company of scriveners practising within the aforesaid limits, and it is therefore expedient that all notaries resident within the limits of the said charter, should come into and be under the jurisdiction of the said company; be it therefore enacted, that all persons who may hereafter apply for a faculty to become a public notary, and practise within the city of London and the liberties thereof, or within the circuit of three miles of the same city, shall come into and become members, and take their freedom of the said company of scriveners, according to the rules and ordinances of the said company, on payment of such and the like fine and fees as are usually paid and payable upon the admission of persons to the freedom of the said company, and shall, previous to the obtaining such faculty, be admitted to the freedom of the said company, and obtain a certificate of such freedom, duly signed by the clerk of the same company for the time being, which certificate shall be produced to the master of faculties, and filed in his office prior to or at the time of issuing any faculty to such person to enable him to practise within the jurisdiction of the said company. 9 13.
But nothing in this act contained shall extend, or be construed to extend, to any proctor in any ecclesiastical court in England ; nor to any secretary or secretaries to any bishop or bishops, merely practising as such secretary or secretaries; or to any other person or persons necessarily created a notary public for the
purpose of holding or exercising any office or appointment, or occasionally performing any public duty or service under government, and not as general practitioner or practitioners; any thing to the contrary notwithstanding: and nothing herein contained shall extend, or be construed to exempt any proctor, being also a public notary, from the pains, penalties, forfeitures,
and disabilities, by this act imposed upon any public notary
3. A notary on his appointment must swear, “ that he will
accustomed fees.” His office 4. A notary public (or actuary) that writes the acts of court, in the con ought not only to be chosen by the judge, but approved also by
each of the parties in suit; for though it does of common right
judge. Al. Par. 382.
employed about three things: First, he ought to register and
(1) By, § 15. all persons admitted as notaries public before 27 June 1801, may act as such notwithstanding this act. By § 16. pecuniary penalties imposed for offences against this act are recoverable in courts at Westminster by action of debt, &c. or information, with full costs to plaintiff if he recovers. By $ 17. limitation of actions against persons for matters done in pursuance of this act, 3 monthsGeneral issue treble costs.
By 1 & 2 G. 4. c. 48. 33. nothing in 41 G. 3.(U.K.) c. 79. shall extend to the registrars or solicitors of the universities of Oxford or Cambridge, or to the steward or solicitors of any college or hall in either, or to the chapter clerk of any cathedral or collegiate church, acting only as such registrars, &c.