THE

ECCLESIASTICAL LAW.

Ne admittas.
NE admittas (so called from those words in the writ, Prohibe-

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.

Rocturn.
NOCTURN, was a service so called, from the ancient Chris-

tians rising in the night to perform the same. Gibs. 263.
Nomination to a benefice. See Benefice.
Non-conformists. See Dissenters.
Non-residence. See Residence.
Notable goods. See Twilis.

Notary public.

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-
bishop of Canterbury; who in the instrument of appointment
decrees, that “full faith be given, as well in as out of judgment,
“ to the instruments by him to be made.” Which appointment is
also to be registered and subscribed by the clerk of his majesty
for faculties in Chancery. 1 Ought. 486. Ayl. Par. 385.

By 41 Geo. 3. (U. K.) c. 79. it is enacted, that from and after
August 1, 1801, no person shall be sworn, admitted, and inrol-
led, as a public notary, unless such person shall have been
bound, by contract in writing or by indenture of apprenticeship,
to serve as a clerk or apprentice, for the space of not less than
seven years, to a public notary, or a person using the art and
mystery of a scrivener (according to the privilege and custom of
the city of London, such scrivener being also a public notary),
duly sworn, admitted, and inrolled, and that such person, during
the said term of seven years, shall have continued in such service;
and also unless every such person who shall, from and after the
said first day of August, be bound by contract in writing or in-
denture of apprenticeship, to serve as a clerk or apprentice to
any public notary or scrivener, being also a public notary,
shall, within three months next after the date of every such
tract or indenture of apprenticeship, cause an affidavit to be made
and duly sworn by one of the subscribing witnesses, of the actual
execution of every such contract or indenture of apprenticeship
by such public notary, or scrivener (being also a public notary),
and the person so to be bound to serve as a clerk or apprentice
as aforesaid ; and in every such affidavit shall be specified the
names of every such public notary or scrivener (being a public no-
tary), and of every such person so bound, and their places of abode
respectively, together with the day of the date of such contract
or indenture of apprenticeship; and every such affidavit shall be
sworn and filed within the time aforesaid, in the court where the
public notary, to whom every such person respectively shall be
bound as aforesaid, shall have been inrolled as a notary, with the
proper officer or officers, or his or their respective deputy or de-
puties, who shall make or sign a memorandum of the day of filing

con

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,

How sworn.

and disabilities, by this act imposed upon any public notary
who shall permit or suffer his name to be, in any manner, used
for, or on account, or for the profit and benefit, of any person or
persons, not entitled to act as a public notary. 14. (1.)

3. A notary on his appointment must swear, “ that he will
faithfully exercise the office of notary public; that he will faith-
fully make contracts, wherein the consent of parties is required,
by adding or diminishing nothing, without the will of the par-
ties, that may alter the substance of the fact; that if in making
any instrument the will of one party only is required, he will in
such case add or diminish nothing that may alter the substance
of the fact, against the will of such party; that he will not make
instruments of any contract, in which he shall know there is a
violence or fraud ; that he will reduce contracts into an instru-
ment or register; and after he shall so have reduced the same,
that he will not maliciously delay to make a public instrument
thereupon, against the will of him or them, on whose behalf
such contract is to be so drawn: Saving to himself his just and

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

of

each of the parties in suit; for though it does of common right
belong to the office of the judge, to assume and choose a notary
for reducing the acts of court in every cause into writing, yet he
may be refused by the litigants: for the use of a notary was in-
tended, not only on account of the judge, to help his memory in
the cause, but also that the litigants might not be injuried by the

judge. Al. Par. 382.
[ 37 Ănd particularly, the office of a notary in a judicial cause is

employed about three things: First, he ought to register and
inroll all the judicial acts of the court, according to the decree
and order of the judge, setting down in the act the very time and
place of writing the same. Secondly, he ought to deliver to the
parties, at their especial request, copies and exemplifications of
all such judicial acts and proceedings as are there enacted and

suit.

(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.