Notarially - Law Dictionary Search Results
Home Dictionary Name: notarially Page: 2Noting
Noting, when a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may cause such dishonour to be noted by a notary public upon the instrument, or upon a paper attached thereto, or partly upon each.Such notes must be made within a reasonable time after dishonour, and must specify the date of dishonour, the reason, if any, assigned for such dishonour, or if the instrument has not been expressly dishonoured, the reason why the holder treats it as dishonoured, and the notary's charges. [Negotiable Instruments Act, 1881 (26 of 1881), s. 99]--The making of a memorandum or note on a bill of exchange by a notary which states that he has presented the bill for payment or acceptance, and that it has been dishonoured. It is usual, in cases of non-payment of bills of exchange, for London bankers, after six o'clock on the day upon which the bills fall due, to cause inland bills to be noted. The duty of a notary in protesting a bill consists in thre...
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 He was subjected to the law of bankruptcy by 21 Jac. 1, c. 19 (repealed by 6 Geo. 4, c. 16), where, and also in Sch. I of the repealed Bankruptcy Act, 1869, he is defined as 'using the trade or profession of a scrivener, receiving other men's monies or estates into his trust or custody.'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...
protest
protest 1 : a solemn declaration of opinion and usually of disagreement: as a : a solemn written declaration by a notary public or U.S. consul on behalf of the holder of an instrument (as a note) announcing dishonor and declaring the liability of all parties to the instrument for any loss or damage arising from such action ;also : the action of making or causing to be made such a declaration with due service of notice of dishonor b : a declaration made by the master of a ship before a notary, consul, or other authorized officer upon arrival in port after a disaster declaring that any loss was not the fault of the crew but due to the disaster c : a declaration made by a party esp. before or while paying a tax or performing a demanded act by which the declarer asserts that the justice or legality of the tax or act is disputed and that compliance is not voluntary 2 : the act of objecting or a gesture of disapproval ;esp : a usually organized public demonstration of disapproval ...
will
will 1 : the desire, inclination, or choice of a person or group 2 : the faculty of wishing, choosing, desiring, or intending 3 : a legal declaration of a person's wishes regarding the disposal of his or her property after death ;esp : a formally executed written instrument by which a person makes disposition of his or her estate to take effect after death see also codicil, living will, testament antenuptial will : a will that was executed by a person prior to that person's marriage and is usually revocable by the court if no provision was made for the person's spouse unless an intention not to make such a provision is manifest conditional will : a will intended to take effect upon a certain contingency and usually construed as having absolute force when the language pertaining to the condition suggests a general purpose to make a will counter will : mutual will in this entry holographic will : a will written out in the hand of the testator and accepted as valid in many sta...
Signet
Signet, a seal commonly used for the sign-manual of the sovereign. See PRIVY SEAL.An elaborate hand-drawn symbol (usu. incorporat-ing a cross and notary's initials) formerly placed at base of notarial instrument, later replaced by a seal, Black's Law Dictionary, 7th Edn., p. 1387.In Scotland, before the Administration of Justice (Scotland) Act, 1933, was passed, the 'will,' an essential part of a summons before the Court of Session, was required to be signed by a Writer to the Signet (q.v.). the summons must be sealed at the Signet Office before service, or founding action.[Latin, is he has signified]...
Declaration in lieu of oath
Declaration in lieu of oath. By the (English) Statutory Declarations Act, 1835 (5 & 6Wm. 4, c. 62), any justice of the peace, notary public, or other officer authorized to administer an oath, is empowered to take voluntary declarations in the form specified in the Act; and any person wilfully making suchdeclaration false in any material particular is guilty of a misdemeanour. The form given by the Act of 1835 is as follows:--I, A.B., do solemnly and sincerely declare that and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the (English) Statutory Declarations Act, 1835....
Faculty
Faculty, 'Faculty' means Faculty of the University. [Central Agricultural University Act, 1992 (40 of 1994), s. 2(k)][fr. facultas, Lat., power], a licence or authority; in Ecclesiastical Law a privilege granted by the ordinary to a man by favour and indulgence to do that which by law he may not do, e.g., to marry without banns, to erect a monument in a church, to construct a church window, Egerton v. All of Odd Rode, 1894, P. 15, or to remove what has been put up under a previous faculty (Re St. Margaret's, Westminster, 1905, P. 286), and see NOTARY and previous title....
Graffer
Graffer, a notary, or scrivener, 5 Hen. 8. C. 1...
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...
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)]...
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