- Latest available (Revised)
- Point in Time (01/07/1991)
- Original (As enacted)
Version Superseded: 05/11/1993
Point in time view as at 01/07/1991.
There are currently no known outstanding effects for the Public Notaries Act 1801.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
An Act for the better Regulation of Publick Notaries in England.
[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 in England.
Modifications etc. (not altering text)
C1Short title given by Short Titles Act 1896 (c. 14)
C2Act amended by Public Notaries Act 1833 (c. 70), s. 1, (s. 1 of which Act of 1833 (c. 70) is repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 124(3), Sch. 20; S.I. 1991/1364, art. 2, Sch.)
C3Act amended by Public Notaries Act 1843 (c. 90), ss. 3, 10, (which Public Notaries Act 1843 (c. 90) is repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 57(3)(d)(11), 59(1), 125(6)(7), Sch. 19 para. 13, Sch. 20; S.I. 1991/1364, art. 2, Sch., but by reason of the (1.7.1991) repeal of words in s. 10 of Public Notaries Act 1843 (c. 90, SIF 76:1) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1364, art. 2, Sch. this crossnote's reference to s. 10 is from 1.7.1991 no longer applicable)
Commencement Information
I1Act wholly in force at Royal Assent
From and after the first day of August 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, F1 . . . in the court wherein notaries have been accustomarily sworn, admitted, and inrolled.
Textual Amendments
F1Words in S.1 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch.20; S.I. 1991/1364, art. 2,Sch.
Textual Amendments
F2S. 2 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 57(3)(a)(11), 59(1), 125(6), Sch20 (with saving in Sch. 19 para. 13); S.I. 1991/1364, art. 2,Sch.
Textual Amendments
F3S. 3 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch.20; S.I. 1991/1364, art. 2,Sch.
Textual Amendments
F4S. 4 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1364, art. 2,Sch.
Textual Amendments
F5S. 5 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch.20; S.I. 1991/1364, art. 2, Sch
Textual Amendments
F7S. 7 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1364, art. 2,Sch.
Textual Amendments
F8S. 8 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch.20; S.I. 1991/1364, art. 2, Sch
Textual Amendments
F9S. 9 repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20: S.I. 1991/1364, art. 2, Sch.
Textual Amendments
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 control 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: all persons who may hereafter apply for a faculty to become a publick 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.
Provided nevertheless, and it is hereby enacted, that 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 publick for the purpose of holding or exercising any office or appointment, or occasionally performing any publick duty or service under government, and not as general practitioner or practitioners; anything herein-before contained to the contrary notwithstanding: . . . F12.
Textual Amendments
F12Words repealed by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20
Modifications etc. (not altering text)
C4S. 14 reference to proctor to be construed as reference to solicitor: Solicitors Act 1974 (c. 47), s. 89(6)
And all pecuniary forfeitures and penalties imposed on any person or persons for offences committed against this Act shall and may be sued for and recovered in [F14the High Court], by action, and where-in the plaintiff, if he or she shall recover any penalty or penalties, shall recover the same for his or her own use . . . F15
Textual Amendments
F14Words substituted by virtue of Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 224(1)
F15Words repealed by Administration of Justice Act 1965 (c. 2), Sch. 2
Textual Amendments
F16S. 17 repealed by Public Authorities Protection Act 1893 (c. 61), s. 2
Textual Amendments
F17S. 18 repealed by Statute Law Revision Act 1887 (c. 59)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.