Public Notaries Act 1801

Publication DateJanuary 01, 1801
Anno Regni GEORGE III. Britanniarum Regis,Quadragesimo primo. An Act for the better Regulation of Publick Notaries inEngland.

(41 Geo. 3) C A P. LXXIX.

[27th June 1801]

'WHEREAS it is expedient, for the better Prevention of illiterate and inexperienced Persons being created to act as, or admitted to the Faculty of Publick Notaries, that the said Faculty should be regulated inEngland; ' be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That, from and after the first Day ofAugust one thousand eight hundred and one, no Person in England shall be created to act as a Publick Notary, or use and exercise the Office of a Notary, or do any Notarial Act, unless such Person shall have been duly sworn, admitted, and inrolled, in Manner herein-after directed, in the Court wherein Notaries have been accuftomarily sworn, admitted, and inrolled.

S-II No Person shall be admitted a Notary unless he shall have served as an Apprentice to a Notary or Scrivener for seven Years; and if bound after Aug. 1, 1801, unless Affidavit of the Execution of the Contract, &c. be made and filed in the proper Court.

II No Person shall be admitted a Notary unless he shall have served as an Apprentice to a Notary or Scrivener for seven Years; and if bound after Aug. 1, 1801, unless Affidavit of the Execution of the Contract, &c. be made and filed in the proper Court.

II. And be it further enacted, That, from and after the said first Day ofAugust one thousand eight hundred and one, no Person shall be sworn, admitted, and inrolled, as a Publick 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 and during the Space of not less than seven Years, to a Publick 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 Publick Notary), duly sworn, admitted, and inrolled, and that such Person, for and 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 Indenture of Apprenticeship, to serve as a Clerk or Apprentice to any Publick Notary or Scrivener, being also a Publick Notary, shall, within three Months next after the Date of every such Contract 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 Publick Notary, or Scrivener (being also a Publick 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 Publick Notary or Scrivener (being a Publick Notary), 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 Publick 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 respectively Deputy or Deputies, who shall make or sign a Memorandum of the Day of filing every such Affidavit on the Back or at the Bottom of such Contract or Indenture.

S-III Such Affidavit shall be produced on the Admission of the party bound as a Notary.

III Such Affidavit shall be produced on the Admission of the party bound as a Notary.

III. And be it further enacted, That no Person who shall, after the said first Day ofAugust become bound as aforesaid, shall be admitted or inrolled a Publick Notary in the Court of Faculties for admitting and inrolling Publick Notaries, before such Affidavit shall be produced and openly read in such Court, at the Time of such Person's Admission and Inrolment.

S-IV Officers for taking and filing Affidavits.

IV Officers for taking and filing Affidavits.

IV. And be it further enacted, That the following Persons shall be deemed and taken to be the proper Officers for taking and filing such Affidavits; (that is to say) the Master of the Faculties of his Grace the Lord Archbishop ofCanterbury in London , his Surrogate or Commissioners.

S-V Officers filing Affidavits shall enter the Substance in a Book His Fee, 5 s.

V Officers filing Affidavits shall enter the Substance in a Book His Fee, 5 s.

V. And be it further enacted, That the Office filing such Affidavits as aforesaid, shall keep a Book, wherein shall be entered the Substance of such Affidavit, specifying Names and Places of Abode of every such Publick Notary, and Clerk or Person bound as aforesaid, and of the Person making such Affidavit, with the Date of the Contract or Indenture of Apprenticeship in such Affidavit to be mentioned, and the Days of swearing and filing every such Affidavit respectively; and such Officer shall be at liberty to take, at the Time of filing every such Affidavit, the Sum of five Shinings, and no more, as a Recompence for his Trouble in filing such Affidavit;and which Book shall and may be searched, in Office Hours, by any Person or Persons whomsoever, upon Payment of one Shining for such Search.

S-VI No Publick Notary shall have any Apprentice, but while he shall actually practise.

VI No Publick Notary shall have any Apprentice, but while he shall actually practise.

VI. And be it further enacted, That, from and after the said first Day ofAugust , no Publick Notary or Scrivener, being also a Publick Notary, shall take, have...

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