Notaries Public Act 1859 (SA)

ANNO VICESIMO SECUNDO ET VICESIMO TERTIO

V I C T O R I B K E G I N B.

A. D. 1859.

No. 14.

At2 Act to y~wuide for the appo6rtment qf Public Notaries in South

A ttstralia, and to conJirrn appoin trrm ts hereto	fore made qf' such
No faries.

[Asscntcd to, 1st September, 1859.1

IIEl<.XAS doubts have ariscn whether Public Notarics, acting Frcmnble.

in the Province of South -Australia, have been duly appointed,

and it is expedient that the appointment of such Notaries, and all

acts done by them, should be confirmed, and that provision should

be made for the future appointment of Public Kotaries in the said Province, to authenticate and verify the execution of deeds and instruments, ancl to exercise the fnnctions attaching to the oflice and authority of a Public Notary, as generally recognized by the Laws

arid Customs of the United Ki~lgciorn of' Qrcat Britain and Irclancl

and of otllcr couiltrics, and that other provisions should be made in rcsyect to the duties, functions, and authorities of Public Notaries practising in the said Province-Ue i t therefore Enacted, by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament as- scmbletl, as follows :-

l. Every person herctoforc np13ointed by the Goveruor or other- Legalizes fonnor

wise to act as a Public Notary in the said Province, and whose a~~''i''tments~

appoiiltment shall l~avc been notified by publication in the South

Australian Government Gazette, and every person duly authorized

to act as a Public Notary in the said United Kingdom, or any

part of the same, shall be and continue to be authorized to And heretofore

act as a Public Notary within the said Province, and all acts donu by sotalica.

G 2 h(wtoli)re

heretoforc done by every such person, shall have the same fbrce and effect to all intents and purposes, as if such person had been in all

Proviso. Persons

heretofore acting as	respects duly appointed to act as a Public Notary within the said
notamvs may be re-	Province, under the provisions of this Act: Provided always, that
appointed under thie
-4ct.	every such person so appointed or ;tutho$zed as aforesaid, shall be at Liberty to apply for qnd obtain a certificate af appointment as a Public Notary under the provisions of this Act ~vithotzt petitioning in manner hereinafter provided, and shall, upon taking the oath hereinafter mentioned, be entitled to have his name cntered upon the Roll of Notaries by this Act provided to be kept, and to have such certificate thereof, as is hereinaftcr-mentioned, granted to him upon paywent of the fees by this Act authorized to be demanded and rece'ived, in respect to such proceedings under this Act as such applicant shall have taken.
Appointment of
Botaries.	2. After this Act shall come into operation no person (save as aforesaid) shall be sworn or admitted, or shall practise as a Public Notary within the said Province, who shall not havc been previously admitted to practise as such under the provisions of this Act.
Petition for admission	3. Every person who shall be desirous of obtaining an appoint- p~tition, to the Supreme Court of the mid Province for that purpose, setting forth such facts therein as he may deem expedient fbr the
as

c~ented xOtRq to the to be Supreme ment to a& as a Public Notary in the said Province shall apply, by

court.

~f satisfying the said Court 3s to his fitness i d qualitication

to discharge the duties ~ n d exercise the functions of a Public lu'otary, and such other facts as he may deem necessary for the information uf the said Court, and every such petition shall be filed in the said

Yetition to be filed

and wrifled tjy oath	Court, and shall be verified by the affidwit of the petitioner, which
ot pctitioncr.	shall also be filed, as aforesaid; and the said Court, or any Judge
Court or m y Judgc
may appoint.	thereof, shall, on the hearing of the said petition, have full power to make an order therein, and either to comply with the prayer of the pctition, or to dismiss the said petition, or to make such other order therein as to the said Court, or Judge, shall seem expedient.

4. Evcry person who shall so pctition, as aforesaid, and who shall

be appointed a Public Notary in pursuance of the prayer of such

petition, shall, before his name shall be entered on the roll of notaries, as hereinafter provided, make oath befbre the Master of the said Court, or some commissioner duly authorized to take &davits

therein, to the effect fallowing: "I do swear that I will not make or attest any act, contract, or instrument in which X shall know there is violence or fraud; and in all things L will act uprightly and justly in the business of a Public Notary, according t~ the best of my skill and ubiljty, So help me God."

%l1 of Sotaristuke	5. A roll shall be kept in the said Court containing the names of all persons admitted to practise as Public Notaries, and the Master of the said Court. or the Chief Clerk thereof. shall. at the request of ally person so admitted as aforesaid, on the production or' the order.
wt.
!o; 6.imission, and at the request of any o&er person appointed n

Public

Public Notary before this Act shaltll come into operation, on production of a copy of the Government Guzette notifying his appointment, and after such person shall have taken the oath before mentioned and set forth, enter the name of such person on the said roll; and shall, on the application of any person whose name shall appear on such roll, from time to time, and at any time, grant a certificate in the form or to the effect contained in Schedule A to this Act, that such :;:Erte	be
applicant is a Public Notary, duly authorized and admitted to prac- tise as such in the said Province; and shall affix to such certificate the seal of the said Court; and every person to whom any ~iuch
certificate shall be granted, shall, from the day mentioned in such certificate as the day of the entry of his name on the said roll, have and may exorcise 811 such powers and authorities within the said Province as are usually exercised by Public Notaries in the United Kingdom of Grcat Britian and Irelzand.

6. The said Court shiill, on application by any person or persons, Power to Court to

and upon due cause to the satisfaction of such Court being shown, of any Notary.	strike off roll name
strike off the said roll the name of any Public Notary; and such pcrson whose name shall be so struck off as aforesaid, shall there- after be disabled from pmctising as a Public Notary within the said

Province: Providcd always that the said Court may at any time Provim Name may	thereafter, if it shall think fit, order the name of such person to be be restored.
reinstated on the said roll.

7. After this Bet shall come into operation, in case any person shall p;;;;;;:;;a;

in his own name, or in the name of any other persoc make, do, act, A C ~,

fraud.

exercise, or execute, or perform any act, matter, or thing whatsoever in anywise appertaining, or belonging, to the office, function, and practice of a Public Notary, as the same have been heretofore exercised in the said Province for, or in expectation of any gain, fee, or reward, without being admitted in manner hereinbefore provided, and entered on the roll hereinbefore mentioned; every such person

slhall for every such offence forfeit and pay the sum of Ten Pounds,

to be recovered in a summary way before any two Justices of the Peace of the said Province, on an information by any person or persons whomsoever; but no person heretofore admitted to practise as a Public Notary shall be affected by this provision.

8. The feos mentioned in the Schedule B to this Act shall be Fees.

payable in respect of the matters therein referred to.

visions of this Act, shall, when received, be paid to thc Treasurer for fines, and pc~mlties. 9. All fees, fines, and penalties payable under any of the pro- A~lmpriation of fees,

the public uses of the said Province-

10. This Act may be cited as "The Public Notaries Act." Sllort title of A C ~.

11. This Act shall take effect from the first day of September, ~; l m c ~ c ~ n l e ~ l t of

IS59.

SCHEDU1,ES REFERRED TO,

1, [Ma~te r or Chief Clerk, as the case may bc], of thc Supreme

Court of South Australia, do hereby certify that, of [residence or place of business and profession or occupation], has been duly sworn to act up- rightly and justly in the business of a Public Notary according to the best of his

skill and ability, and that he has been duly authorized and admitted to act as such

Notary within the Province of South Australia, and that his name was entered upon the roll of Public Notaries on the day of 18, and still remains on such roll.

Dated at Adclaide, thi8 day of 18 .

fL.K) Master or Clerk of the Suprcmc Court.

B X S. d.

Filing every petition and afidavit (each) ............ 0 1 6

For administering every oath ..................... 0 1 0

For every search.. .............................. 0 2 G

For every order ............................... 0 6 0

For entering on the roll ......................... 2 0 0

For every certificate of entry on the roll and seal .... 0 5 O For every office-copy of any doeunlent, per h l io of j , ,

seventy-two wolds ........................