Notary Public - Law Dictionary Search Results
Home Dictionary Name: notary publicNotary 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 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 ...
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....
Protest
Protest, a solemn declaration of opinion, generally of dissent. Each peer has a right, when he disapproves of the vote of the majority of the House of Lords, to enter his dissent on the Journals of the House, with his reasons for such dissent, which is usually styled his protest.Also a notification written by a notary upon a foreign bill of exchange of non-acceptance or non-payment; as to this, see Bills of Exchange Act, 1882, s. 51, by which a foreign bill, dishonoured by non-acceptance or non-payment, must be duly protested, otherwise the drawer and indorsers are discharged. All protests made in England must, by the (English) Stamp Act, 1891 (see schedule), be stamped, otherwise they cannot be given in evidence without payment of a penalty.The following is a form of protest for non-payment:-On the .......... day of .........., at the request of A.B., bearer of the original bill of exchange, whereof a true copy is on the other side written, I [notary's name], of [address], notary publ...
Noting
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...
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....
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)]...
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...
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 ...
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 ...
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