Public Notaries Act 1833 (repealed 1.7.1991)

Public Notaries Act 1833

1833 CHAPTER 70 3 and 4 Will 4

AN ACT to alter and amend an Act of the Forty-first Year Of His Majesty King George the Third, for the better Regulation of Public Notaries in England.

[28th August 1833]

[Preamble recites 41 Geo. 3 c. 79.]

Modifications etc. (not altering text)

C1 Act repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1),ss. 124(3),125(7), Sch. 20

C2 Short title, “The Public Notaries Act, 1833,”

see 59 and 60 Vict. c. 14. Am., 6 & 7 Vict. c. 90, s. 10

C3 Act amended by Public Notaries Act 1843 (c. 90, SIF 76:1, 2), s. 10; by reason of the (prosp.) repeal of words in s. 10 of the Public Notaries Act 1843(c. 90, SIF76:1), by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 124(3), 125(7), Sch. 20, the crossnote relating to s. 10 is (prosp.) no longer applicable

[F1 1 Certain provisions of recited Act limited to London and ten miles thereof. U.K.

So much of the said recited Act as requires that persons to be admitted notaries public shall have served a clerkship or apprenticeship for seven years, as herein-before mentioned,shall, so far as the same affects persons being attornies, solicitors, or proctors admitted as herein-after mentioned be limited and confined to the city of London and liberties of Westminster, the borough of Southwark, and the circuit of ten miles from the Royal Exchange in the said city of London.]

Textual Amendments

F1 S. 1 repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 57(3)(b)(5)(7)(11),59(1),124(3),125(6)(7),Sch. 19 para. 13,Sch.20

[F2 2 Attornies,&c.,may be admitted as notaries for districts beyond those limits U.K.

It shall and may be lawful for the master of the court of faculties of his grace the lord archbishop of Canterbury in London from time to time, upon being satisfied as well of the fitness of the person as of the expediency of the appointment, to appoint, admit, and cause to be sworn and inrolled in the court of faculties any person or persons residing at any place distant more than ten miles from the Royal Exchange in the said city of London, who shall have been previously admitted, sworn, and inrolled an attorney or solicitor in any of the courts at theRoyal Courts of Justice, or who shall be a proctor practising in any ecclesiastical court, to be a notary public or notaries public to practise within any district in which it shall have been made to appear to the said master of the court of faculties that there is not (or shall not hereafter be) a sufficient number of such notaries public admitted or to be admitted under the provisions of the said recited Act for the due convenience and accommodation of such district, as the said master of the court of faculties shall think fit, and not elsewhere; any law or usage to the contrary notwithstanding.]

Textual Amendments

F2 S. 2 repealed(prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 57(3)(c)(11), 59(1), 124(3), 125(6)(7), Sch. 19 para. 13, Sch. 20

3 Proviso against notaries so admitted acting in London or within ten miles thereof. U.K.

Provided always, that nothing herein contained shall extend to authorize any notary who shall be admitted by virtue of this Act to practise as a notary, or to perform or certify any notarial act whatsoever, within the said city of London, the liberties of Westminster, the borough of Southwark, or within the circuit of ten miles from the Royal Exchange in the said city of London.

4 Notaries so admitted practising out of there district shall be struck off the roll of faculties. U.K.

Provided always, that if any notary admitted by virtue of this Act shall practise as a notary, or perform or certify any notarial act whatsoever, out of the district specified and limited in and by the faculty to be granted to him by virtue of this Act, or within the city of London, the liberties of Westminster, the borough of Southwark, or the circuit of ten miles from the Royal Exchange in London aforesaid,then and in every such case it shall be lawful for the said court of faculties, on complaint made in a summary way, and duly verified on oath, to cause every such notary so offending to be struck off the roll of faculties ; and every person so struck off shall thenceforth for ever after be wholly disabled from practising as a notary or performing or certifying any notarial act whatsoever, any thing herein contained to the contrary notwithstanding.