Notarial Act - Law Dictionary Search Results
Home Dictionary Name: notarial actNotarial act
Notarial act. (1) A written certification or authentication under the signature or official seal of a notary of any document or entry, or (2) any instrument, attestation or certificate by a notary in the execution of his office. [S. 11(d) Indian Stamp Act]...
Notary or Notary Public
Notary or Notary Public [fr. notaire, Fr., fr. notarius, Lat.], an officer who takes notes of anything which may concern the public; he attests deeds or writings to make them authentic in another country; but is principally employed in mercantile affairs, as to make protests of bills of exchange, etc. He cannot permit another to act in his name, and in London he must be free of the Scriveners' Company. See 25 Hen. 8, c. 27, ss. 3, 4; the (English) Public Notaries Acts, 1801, 1833, and 1843 (41 Geo. 3, c. 79, 3 & 4 Wm. 4, c. 70, and 6 & 7 Vict. c. 90); and consult Brooke on the Office, etc., of a Notary, 6th ed., by Cranstoun. The Court of Faculties makes the appointment in accordance with the Public Notaries Acts, and the Master of that Court has inherent jurisdiction to strike a notary public off the roll (Re Champion, 1906, P. 86). As to its jurisdiction in the case of the Colonies, see Bailleau v. Victorian Society of Notaries, 1904, P. 180.In Scotland a notary public must now be a ...
Notary
Notary, means a person appointed as such under this Act:Provided that for a period of two years from the commencement of this Act it shall include also a person who, before such commencement was appointed a notary public under the Negotiable Instruments Act, 1881 (XXVI of 1881), and is, immediately before such commencement, in practice in any part of India:Provided further that in relation to the State of Jammu and Kashmir, the said period of two years shall be computed from the date on which this Act comes into force in the State. [Notaries Act, 1952 (53 of 1952), s. 2(d)]...
Faculties, Court of
Faculties, Court of, a jurisdiction or tribunal belonging to the archbishop. It does not hold pleas in any suits, but creates rights to pews, monuments, and particular places and modes of burial. It has also various powers under 25 Hen. 8, c. 21, in granting licences of different descriptions, as a licence to marry, a faculty to erect an organ in a parish church, to level a churchyard, to remove bodies previously buried, 4 Inst. 337. The Master of the Faculties (Magister ad facultates) appoints Ecclesiastical notaries, and under the Public Notaries Acts, general notaries are appointed from his office. He has inherent jurisdiction to strike the name of any notary public off the roll of notaries public for misconduct (Re Champion, 1906, P. 86). See Phillimore's Eccl. Law, and see NOTARY....
Duly certificated notary public
Duly certificated notary public, means a notary public who either (1) has in force a practicing certificate as a solicitor under the Solicitors Act, 1974 and duly entered in the court of faculties of the Archbishop of Canterbury in accordance with rules made by the master of faculties; or (2) has in force a practicing certificate as a notary public issued by the said court of faculties in accordance with rules so made, Administration of Justice Act, 1985, s. 87(1) (UK) Halsbury's Laws of England 3(1), para 421, p. 330....
Scrivener
Scrivener [fr. scrivano, Ital.; escrivain, Fr.], or Money Scrivener, a professional man whose business of receiving men's money and investing it for them when he should find a proper opportunity, being trusted as a banker in the meantime, died out about the middle of the eighteenth century. He was subjected to the law of bankruptcy by 21 Jac. 1, c. 19 (repealed by 6 Geo. 4, c. 16), where, and also in Sch. I of the repealed Bankruptcy Act, 1869, he is defined as 'using the trade or profession of a scrivener, receiving other men's monies or estates into his trust or custody.' See Adams v. Malkin, (1814) 3 Camp 539, where the question whether an attorney could be made bankrupt as a scrivener was decided in the negative, and Boswell's Life of Johnson, where it is related that one Jack Ellis, a contemporary of Dr. Johnson, and mentioned by him with great respect, was the last of the scriveners. By s. 13 of the Public Notaries Act, 1801, no person can become a notary within the limits of the...
Notarial
Of or pertaining to a notary done or taken by a notary as a notarial seal notarial evidence or attestation...
notarial
notarial : of, relating to, or characteristic of a notary public ;also : done, executed, framed, or taken by a notary public [ documents] no·tar·i·al·ly adv ...
notary public
notary public pl: no·ta·ries public or: notary publics [Latin notarius stenographer, from nota note, shorthand character] : a public officer who certifies and attests to the authenticity of writings (as deeds) and takes affidavits, depositions, and protests of negotiable instruments called also notary ...
Instrument
Instrument [instrumentum, Lat., fr. instruo, to prepare or provide], a formal legal writing-e.g., a record, charter, deed or transfer, or agreement. By s. 205(1)(viii.) of the (English) Law of Property Act, 1925, 'Instrument' (for the purposes of the Act) 'does not include a Statute, unless the Statute cre-ates a Settlement.' See also Settled Land Act, 1925,s. 117; see also TRUST INSTRUMENT; VESTING INSTRUMENT. A telegram and an envelope with a falsified postmark have been held to be 'instruments' within the meaning of the Forgery Act, 1861, s. 38, now replaced by s. 7, (English) Forgery Act, 1913 [R. v. Riley, (1896) 1 QB 309; R. v. House, 28 TLR 186]; also an engine.Includes every document by which any right or liability is, or purports to be, created, transferred, modified, limited, extended, suspended, extinguished or recorded. [Notaries Act, 1952 (53 of 1952), s. 2 (b)]Includes every document by which any right or liability is, or purports to be created, transferred, limited, exte...
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