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]...
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....
Legal practitioner
Legal practitioner, means an advocate [or vakil] or any High Court, a pleader, mukhtar or revenue agent. [Advocates Act, 1961 (25 of 1961), s. 2 (i)]It means an advocate entered in any roll under the provisions of the Advocates Act, 1961. [Notaries Act, 1952 (53 of 1952), s. 2 (c)]It shall have the meaning assigned to it in clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961. [Foreign Exchange Management Act, 1999 (42 of 1999), s. 2 (r)]...
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)]...
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...
Oath
Oath [fr. ath, Sax.], an appeal to God to witness the truth of a statement. It is called a corporal oath, where a witness, when he swears, places his right hand on the Holy Evangelists.The Christian religion, though it prohibits swearing, excepts oaths required by legal authority (Art. Ch. of Engl. xxxix.). All who believe in a God, the avenger of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of affirming (see AFFIRMATION) instead of taking an oath has now been universally granted by the (English) Oaths Act, 1888, by which--Every person upon objection to being sworn, and stating, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purpose...
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...
donation
donation 1 : the making of an esp. charitable gift 2 in the civil law of Louisiana : a voluntary transfer of ownership of property from one person to another compare sale dis·guised donation : a transfer of property (as a sale) that does not have a sufficient reciprocal consideration (as a proportional price) so that it is considered a gratuitous donation and must meet the statutory requirements for a donation (as a notarial act) to be valid called also donation in disguise compare simulation donation in·ter vi·vos [-in-tər-vī-vōs, -in-ter-vē-vōs] : a donation that transfers property owned by the donor and that takes effect upon the donee's acceptance compare gift inter vivos at gift donation mor·tis cau·sa [-mȯr-tis-kȯ-zə, -mȯr-tēs-ka-sÄ ] : a donation that is to take effect on the donor's death and that is revocable compare gift causa mortis at gift 3 : something that is transferred by a donation...
Consul
Consul, an officer appointed by competent authority to reside in a foreign country, to facilitate and extend the commerce carried on between the subjects of the country which appoints him and those of the country or place in which he is to reside. The office appears to have originated in Italy, about the middle of the twelfth century, and was generally established all over Europe in the sixteenth century. British consuls were formerly appointed by the Crown, upon the recommenda-tion of great trading companies, or of merchants engaged in trade with a particular country and place; but they are now directly appointed by Government, without requiring any such recommendation, though it, of course, is always attended to wen made. The right of sending consuls to reside in foreign countries depends either upon a tacit or express convention.The duties of a consul, even in the confined sense in which they are commonly understood, are important and multifarious. It is his business to be always on...
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