Public Notaries Act 1902 (WA)

gEleztern Pattotratta.

ANNO SECUNDO

EDWARDI VII. _REGIS.

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No. VIII.

AN ACT to confirm the appointments of cer- tain Public Notaries, and to provide for such appointments in future.

[Assented to, it gth November, 1902.]

liktHEREAS doubts have arisen whether Public Notaries acting

in Western Australia have been duly appointed, and it is Preamble.

exPedient that the appointments of such Notaries should be con- firmed and that provision should be made for the future appointment of such Notaries to exercise in the said State the functions attaching, by the law of the said State or by the law and custom of the United Kingdom of Great Britain and Ireland and of other countries, to the office and authority of a Public Notary, and to make other provisions in regard to Public Notaries practising in the said State : Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. THIS Act may be cited as the Public Notaries Act, 1902 Short title.

2° EDWARDI VII., No. 8.

Public Notaries..

Interpretation. 2. IN this Act, unless the context otherwise requires,-

" Court" means the Supreme Court of Western Australia.

" Prescribed means prescribed by rules of Court.

" Established Public Notary " means

(a.) Every person heretofore appointed by the Governor or otherwise to act as a Public Notary in Western Australia, and whose appointment has been notified in the Gazette ; and

(b.) Every person heretofore appointed to act as a Public Notary in the United Kingdom or some part thereof by the Court of the Faculties of His Grace the Lord Archbishop of Canterbury.

3. EVERY established Public Notary shall be, and, subject to

appointments andthe next following section, shall continue to be authorised to act as	Confirmation of
acts of established a Public Notary within the said State, and all acts heretofore done
Notaries• by any such Notary shall have the same force and effect as if he had

been in all respects duly appointed to act as a Public Notary within

the said State under this Act.

Established 4. EVERY established Public Notary shall, upon application

Notaries may

to the Registrar of the Court made within twelve months from

become appointed

the commencement of this Act, and upon taking the oath, be

under this Act.

appointed a Public Notary, and have his name entered upon the

Roll.

Qualification of 5. NO person shall be appointed a Public Notary under this

Notaries to be	Act, unless he
appointed under

this Act in future.

(a.) Is appointed under the next preceding section ; or

(b.) Is a practitioner of the Court of three years' standing ; or

(c.) Is a practitioner of the Court, and has practised for seven

years as a Public Notary in some part of His Majesty's

dominions.

Application to the 6. (l.) EVERY person, other than a person applying under (a.) The applicant is competent and qualified to act as a Public Notary, and is of good character and reputation, and has not been suspended from practice as a legal practitioner or struck off the Rolls ; and that

Chief Justice.

section four, who seeks to be appointed a Public Notary shall apply,

in the prescribed manner, to and satisfy the Chief Justice that

(b.) There is need for the appointment of a Public Notary

at the place where the applicant is practising.

2° EDWARDI VII., No. 8.

Public Notaries.

(2.) On being satisfied of all the matters aforesaid, the Chief Justice may grant to the applicant a certificate in the prescribed form.

(s.) The applicant, after obtaining the certificate shall, in the prescribed manner, advertise his intention to apply to the Full Court tonriptr ioenmteocaopar

on a day not earlier than four weeks from the first advertisement, to be advertised.

for appointment as a Public Notary.

7. ANY person desiring to object to the appointment of any . .

Objion to ect

applicant may be heard before the Court by himself or counsel, with appointment.

or without witnesses, to oppose such appointment : Provided that

written notice, stating the grounds of such objection, shall be lodged

in the Court seven days at least before the day on which the

application for appointment is made.

8.

SUBJECT to section four, no person shall be appointed a Public Notary except by order of the Full Court.	Appointment
Full Court, by

BEFORE his name is entered on the roll hereinafter provided, every person appointed a Public Notary shall make oath before the persons appointed,	Oath to be taken by
Master of the Court or some Commissioner duly appointed to take affidavits therein, to the effect following:-

9.

" I, , do swear that 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 : So help me, God."

10.• (i.) A ROLL shall be kept by the Registrar of the Court on t

containing the names of Public Notaries, and every person appointed Notaries	appointment, on
a Public Notary under this Act shall, after making oath as aforesaid,

and receive certif

be entitled to enter his name on the roll. The Registrar, on the oaths,

application of any person whose name shall appear on the roll, shall, from time to time, issue to him a certificate in the form or to the effect of the First Schedule to this Act, and shall affix thereto the seal of the Court.

(2.) Every such person shall, from the date mentioned in the certificate as the day on which his name was entered on the roll, be entitled to exercise all such powers and authorities within the State as may be lawfully exercised by Public Notaries in the said United Kingdom or in Western Australia.

(3.) The roll shall, during office hours, be open to the in- spection of any person without fee or reward, and a certificate under the hand of the Registrar as to any matter appearing in or by the said roll shall be conclusive evidence thereof

2° EDWARDI VII., No. 8.

Public Notaries.

Court may suspend 11. (i.) THE Full Court, on the application of any person,

and strike off	may, on such terms and conditions as may seem fit,
Notaries.

(a.) Suspend any Public Notary from practice, and call in

and detain his certificate ;

(b.) Strike the name of any Public Notary off the roll, and

cancel his certificate.

( 2 .) Where a practitioner of the Court, being a Notary Public, is suspended from practice or struck off the rolls under the Legal Practitioners Act, 1893, he shall, without further order, be suspended from practice as a Notary Public for a similar term, or be struck off the Roll of Notaries, as the case may be.

Judges may make 12. THE Judges of the Court may from time to time make For ascertaining the qualification, character, and competency of persons applying to be appointed Public Notaries under this Act ;

rules. rules

For regulating the investigation of charges of misconduct of Public Notaries in the practice of their profession, and for imposing conditions to be observed by applicants for re-appointment ;

Prescribing the duties of and the fees to be charged by Public

Notaries ; and

Generally for carrying this Act into effect.

Fees payable to 13. THE fee set forth in the Second Schedule shall be paid to

Supreme Court.

the Master of the Court, and be used for the purposes of the

Supreme Court Library.

(i.) NO person other than a Public Notary appointed under at the time suspended from practice, shall do, execute, or per- form any act, matter, or thing appertaining to the office, function, and practice of a Public Notary for or in expectation of any gain, fee, or reward, or advertise or hold himself out as a Public Notary. Every person acting contrary to this section shall, if convicted by a Court of summary jurisdiction, on the information of any person, pay a fine of Ten pounds.

Penalty on unau- 14.

thorised persons	this Act, and whose name appears on the roll, and who is not
practising as Public
Notaries.
(2.) This section shall not apply to any established Notary until the expiration of twelve months from the commencement of this Act.

In the name and on behalf of the King I hereby assent

to this Act.

E. A. STONE, Administrator.

2° EDWARDI VII., No. 8.

Public Notaries.

Schedule 1.

This is to certify that of [residence or place of business and occupation] has been duly appointed to act as Public Notary within Western

Australia, and that his name was entered on the roll of Public Notaries on the

day of 19 , and still remains on

such roll..

Dated at Perth this day of 19

[Seal.]

Registrar of the Supreme Court.

Schedule 11.

On every appointment as a Public Notary (other than an

appointment under section four) ... 0 0

By Authority : ALFRED WANsoN, Government Printer, Perth.