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mus ne admittas) is a writ directed to the bishop at the suit of one who is patron of any church, and he doubts that the bishop will collate a clerk of his own, or admit a clerk presented by another, to the same benefice: then he that doubts it shall have this writ, to prohibit the bishop that he shall not collate or admit any to that church, pending the suit. Terms of the L. (a)
New style. See kalendar.
tians rising in the night to perform the same. Gibs. 263.
See Proctors, 1. A Notary was anciently a scribe, that only took notes or Notary,
· minutes, and made short draughts of writings, and other who. instruments, both public and private. But at this day we call
(a) See vol. 1. p. 31.
him a notary public, who confirms and attests the truth of any deeds or writings, in order to render the same authentic. Ayi. Par. 382.
The law books give to a notary several names or appellations, as actuarius, registrarius,, scrinarius, and such like. All which words are put to signify one and the same person. But in England, the word registrarius is confined to the officer of some court, who has the custody of the records and archives of such court; and is oftentimes distinguished from the actuary thereof. But a register ought always to be a notary public; for that seems to be a necessary qualification of his office.
2. A notary public is appointed to this office by the archbishop of Canterbury; who in the instrument of appointment decrees, that “full faith be given, as well in as out of judgment, 6 to the instruments by him to be made.” Which appointment is also to be registered and subscribed by the clerk of his majesty for faculties in Chancery. 1 Ought. 486. Ayl. Par. 385.
By 41 Geo. 3. (U. K.) c. 79. it is enacted, that from and after August 1, 1801, no person shall be sworn, admitted, and inrolled, as a public 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 the space of not less than seven years, to a public 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 public notary), duly sworn, admitted, and inrolled, and that such person, 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 public notary or scrivener, being also a public 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 public notary, or scrivener (being also a public 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 public notary or scrivener (being a public 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 public 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 respective 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. $ 2.
And from the said first day of August, in.case any person shall, in his own name or in the name of any other person, make, do, act, exercise, or execute and perform, any act, matter, or thing whatsoever, in anywise appertaining or belonging to the office, function, and practice of a public notary, for or in expectation of any gain, fee, or reward, without being admitted and inrolled, every such person for every such offence, shall forfeit and pay the sum of fifty pounds, to be sued for and recovered in manner therein mentioned. $11.
And whereas the incorporated company of scriveners 'of London, by virtue of its charter, hath jurisdiction over its members being resident within the city of London, the liberties of Westminster, the borough of Southwark, or within the circuit of three miles of the said city, and hath power to make good and wholesome laws and regulations for the government and controul of such members, and the said company of scriveners practising within the aforesaid limits, and it is therefore expedient that all notaries resident within the limits of the said charter, should come into and be under the jurisdiction of the said company; be it therefore enacted, that all persons who may hereafter apply for a faculty to become a public notary, and practise within the city of London and the liberties thereof, or within the circuit of three miles of the same city, shall come into and become members, and take their freedom of the said company of scriveners, according to the rules and ordinances of the said company, on payment of such and the like fine and fees as are usually paid and payable upon the admission of persons to the freedom of the said company, and shall, previous to the obtaining such faculty, be admitted to the freedom of the said company, and obtain a certificate of such freedom, duly signed by the clerk of the same company for the time being, which certificate shall be produced to the master of faculties, and filed in his office prior to or at the time of issuing any faculty to such person to enable him to practise within the jurisdiction of the said company. § 13.
But nothing in this act contained shall extend, or be construed to extend, to any proctor in any ecclesiastical court in England ; nor to any secretary or secretaries to any bishop or bishops, merely practising as such secretary or secretaries; or to any other person or persons necessarily created a notary public for the purpose of holding or exercising any office or appointment, or occasionally performing any public duty or service under government, and not as general practitioner or practitioners; any thing to the contrary notwithstanding: and nothing herein contained shall extend, or be construed to exempt any proctor, being also a public notary, from the pains, penalties, forfeitures,
and disabilities, by this act imposed upon any public notary who shall permit or suffer his name to be, in any manner, used for, or on account, or for the profit and benefit, of any person or persons, not entitled to act as a public notary. $ 14. (1.)
3. A notary on his appointment must swear, “ that he will faithfully exercise the office of notary public; that he will faithfully make contracts, wherein the consent of parties is required, by adding or diminishing nothing, without the will of the parties, that may alter the substance of the fact; that if in making any instrument the will of one party only is required, he will in such case add or diminish nothing that may alter the substance of the fact, against the will of such party; that he will not make instruments of any contract, in which he shall know there is a violence or fraud ; that he will reduce contracts into an instrument or register; and after he shall so have reduced the same, that he will not maliciously delay to make a public instrument thereupon, against the will of him or them, on whose behalf such contract is to be so drawn: Saving to himself his just and
accustomed fees.” His office 4. A notary public (or actuary) that writes the acts of court,
onur ought not only to be chosen by the judge, but approved also by testation of
each of the parties in suit; for though it does of common right belong to the office of the judge, to assume and choose a notary for reducing the acts of court in every cause into writing, yet he may be refused by the litigants: for the use of a notary was intended, not only on account of the judge, to help his memory in the cause, but also that the litigants might not be injuried by the
judge. Al. Par. 382. [ 3 And particularly, the office of a notary in a judicial cause is
employed about three things: First, he ought to register and inroll all the judicial acts of the court, according to the decree and order of the judge, setting down in the act the very time and place of writing the same. Secondly, he ought to deliver to the parties, at their especial request, copies and exemplifications of all such judicial acts and proceedings as are there enacted and
(1) By $ 15. all persons admitted as notaries public before 27 June 1801, may act as such notwithstanding this act. By $ 16. pecuniary penalties imposed for offences against this act are recoverable in courts at Westminster by action of debt, &c. or information, with full costs to plaintiff if he recovers. By § 17. limitation of actions against persons for matters done in pursuance of this act, 3 months— General issue - treble costs.
By 1 & 2 G. 4. c. 48. § 3. nothing in 41 G. 3. (U.K.) č. 79. shall extend to the registrars or solicitors of the universities of Oxford or Cambridge, or to the steward or solicitors of any college or hall in either, or to the chapter clerk of any cathedral or collegiate church, acting only as such registrars, &c.