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An Act for removing Doubts as to the Service of Clerks or Apprentices to Public Notaries, and for amending the Laws regulating the Admission of Public Notaries.
[24th August 1843]F1
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The master of the faculties for the time being may make any general rule or rules requiring testimonials, certificates, or proofs as to the character, integrity, ability, and competency of any person who shall hereafter apply for admission or re-admission as a public notary to practise either in England or in any of her Majesty’s foreign territories, colonies, settlements, dominions, forts, factories, or possessions, whether such person shall have served a clerkship or not, and from time to time alter and vary such rules as to the master of the faculties shall seem meet, and may admit or reject any person so applying, at his discretion, any law, custom, usage, or prescription to the contrary notwithstanding.
Provided always that if the master of the faculties shall refuse to grant any faculty to practise as a public notary to any person without just and reasonable cause, then the [F5Chancellor of the High Court]F5 for the time being, upon complaint thereof being made, shall direct the Queen’s writ to the said master of the faculties to the effect and shall proceed thereon according to the intent and meaning of the M1Ecclesiastical Licences Act 1533, and in manner and form as is therein provided and set forth in case of the refusal of any licences, dispensations, faculties, instruments, or other writings, as fully and effectually, and with the same powers and authority, as if the same were here inserted and re-enacted. [F6 The Chancellor of the High Court may nominate another judge of that court to exercise his functions under this section.F6]
Every person to be admitted and enrolled a public notary shall, before a faculty is granted to him authorizing him to practice as such, . . . F8 make oath before the said master of the faculties, his surrogate or other proper officer, in substance and to the effect following:
“I A.B. do swear, that I will faithfully exerice the office of a public notary; I will faithfully make contracts or instruments for or between any party or parties requiring the same, and I will not add or diminish any thing without the knowledge and consent of such party or parties that may alter the substance of the fact; I will not make or attest any act, contract, or instrument in which I shall know there is violence or fraud; and in all things I will act uprightly and justly in the business of a public notary, according to the best of my skill and ability.” . . . F8
(1)Despite any provision made by the Public Notaries Acts, a person's entitlement to carry on an activity which is a notarial activity is to be determined in accordance with the Legal Services Act 2007.
(2)Nothing in the Public Notaries Acts is to be regarded, for the purposes of paragraph 5(2) of Schedule 3 to the Legal Services Act 2007 (exempt persons in relation to notarial activities) as authorising a person to carry on such an activity.
(3)For this purpose—
“the Public Notaries Acts” means this Act and the Public Notaries Act 1801;
“exempt person” and “notarial activity” have the same meaning as in the Legal Services Act 2007.]
[F10(1)]F10The master of the faculties for the time being, or his surrogate, shall and he is hereby authorized and empowered to issue commissions to take any oaths, affidavits, affirmations, or declarations required by law to be taken before the grant of any faculty, marriage licence, or other instrument issuing from the said office of faculties; and all oaths, affidavits, affirmations, or declarations taken before the commissioner so appointed, and the faculty, marriage licence, or other instrument granted in pursuance thereof, shall be as valid and effectual as if such oath, affidavit, affirmation, or declaration was taken before the said master or his surrogate, anything in any Act or law to the contrary thereof notwithstanding.
[F11(2)For the purposes of the Legal Services Act 2007, the issue of a commission under subsection (1) is to be treated as an authorisation to carry on the relevant activities by virtue of another enactment (see paragraph 6(2) of Schedule 3 to that Act).
(3)In subsection (2), “relevant activities” means the activities authorised by the commission.F11]
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