The following is taken from volume 21 of the first edition of Halsbury's Laws of England; these sections are in relation to Notaries. The text presented is pages 493-501 inclusive. The volume claims that this is law as of 15th April, 1912.
Best effort has been made in transcribing text from the book, however no guarantee is provided on its precision.
THE
LAWS
OF
ENGLAND
THE EARL OF HALSBURY
21.
MISTAKE
MONEY & MONEY-LENDING
MORTGAGE
NAME & ARMS, CHANGE OF
NEGLIGENCE
NOTARIES
NUISANCE
OPEN SPACES
PARLIAMENT
PARTITION
BUTTERWORTH & Co.
(page 493)
NOTARIES.
SECT. 1. — Definition and History.
Definition of notary and his office.
817. A notary public is a duly appointed officer whose public office it is, amongst other matters, to draw, attest, or certify, usually under his official seal, deeds and other documents, including conveyances of real and personal property, and powers of attorney relating to real and personal property situate in England, the British dominions beyond the seas, or in foreign countries; to note or certify transactions relating to negotiable instruments; to prepare wills or other testamentary documents; to draw up protests or other formal papers relating to occurences on the voyages of ships and their navigation as well as the carriage of cargo in ships.
His office, which is one of great antiquity (a), is recognised in all
(a) In ancient times notaries recorded matters of judicial importance as well as important private transactions or events where an officially authenticated record or a document drawn up with professional skill or knowledge was necessary or advisable. An interesting history of the origin and development ofthe office of notary will be found in Brooke, Office and Practice of a Notary in England, 6th ed., by Cranstoun. In later times up to the reign of Henry VII., the Popes of Rome issued faculties which had force in England. Under such faculties, notaries were appointed and authorised to practice. In1534, by stat. (1533-4) 25 Hen. 8, c. 21, s. 22, the right of the Pope to exercise such jurisdiction was formally ended, and any person applying to the court of Rome for a faculty became liable to the penalty specified in the Act of Provisions and Præmunire, 1393-4 (16 Ric. 2, c. 5). Since 1534 all faculties appointing
(page 493)
(page 494)
civilised countries, and by the law of nations his acts have credit everywhere (b).
SECT. 2. — Classifications and Appointment.
SUB-SECT. 1. — Ecclesiastical Notaries.
Who may be appointed.
818. The office of ecclesiastical notary is held by the registrars of the ecclesiastical courts (c). The secretary of a bishop, or any person necessarily created a notary in order to hold any ecclesiastical office, may be appointed as an ecclesiastical notary. An ecclesiastical notary need not serve an apprenticeship, but is appointed if personally fit as a matter of course. He must not allow his name to be used improperly (d); nor can he have or retain an apprentice to serve him (e).
Powers and liabilities.
819. The provisions of the statutes hereinafter referred to (f) relating to apprenticeship and other matters do not apply to ecclesiastical notaries except as to penalties for allowing the name of the ecclesiastical notary to be used improperly (g).
By whom appointed.
820. Ecclesiastical notaries are appointed by the Master of the Faculties (h).
SUB.SECT. 2. — General Notaries.
General notaries.
821. A general notary is a notary holding a faculty (i) entitling him to practise in all places in England, including the area under the jurisdiction of the ancient Company of Scriveners of the City of London (k), or entitling him to practise in all places in England outside that area.
Appointment.
822. General notaries are appointed pursuant to statute (l).
notaries to practise in England have, under the provisions of the above-mentioned stat. (1533-4) 25 Hen. 8, c. 21, been issued by the Archbishop of Canterbury, whose chief officer is known as the Master of the Faculties. He presides in the Court of Faculties, and exercises jurisdiction over the appointment of notaries (see the text, infra, and pp. 496, 497, post), and their removal (see p. 498, post) from the roll of notaries. The stat. (1533-4) 25 Hen. 8, c. 21, was repealed by stat. (1554) 1 & 2 Ph. & Mar. c. 8, s. 10; but revived by stat. (1558) 1 Eliz. c. 1, s. 8. See also Burn, Ecclesiastical Law, Vol. III., p. 2, and title ECCLESIASTICAL LAW, Vol. XI., p. 510.
(b) Hutcheon v. Mannington (1802), 6 Ves. 823, per Lord ELDON, L.C., at p. 824; and see note (m), p. 501, post.
(c) There are few ecclesiastical notaries besides the registrars of ecclesiastical courts.
(d) Public Notaries Act, 1801 (41 Geo. 3, c. 79), s. 14; Norwich Notaries, Eaton v. Watson, Same v. Hansell, [1904] W. N. 24.
(e) Public Notaries Act, 1843 (6 & 7 Vict. c. 90), s. 2.
(f) See p. 496, post.
(g) Public Notaries Act, 1801 (41 Geo. 3, c. 79), s. 14; Norwich Notaries, Eaton v. Watson, Same v. Hansell, supra.
(h) See note (a), p. 493, ante; title ECCLESIASTICAL LAW, Vol. XI., p. 510.
(i) See pp. 495, 496, 497, post; title ECCLESIASTICAL LAW, Vol. XI., pp. 510, note (l), 540 et seq.
(k) Public Notaries Act, 1801 (41 Geo. 3, c. 79), s. 13; and see title COMPANIES, Vol. V., p. 750. The jurisdiction extends over the City of London, the liberties of Westminster, the borough of Southwark and the area within a circuit of three miles of the City (ibid.).
(l) Public Notaries Act, 1801 (41 Geo. 3, c. 79); and 1843 (6 & 7 Vict. c. 90).
(page 494)
(page 495)
The faculty or instrument by which a notary is certified of his appointment and authorised to practise issues from the Court of Faculties (m), and is countersigned by the registrar. This faculty is granted subject to the express provision that it is registered and subscribed by the Clerk of the Crown in Chancery (n) before it is available (o).
Grant and registration of faculty.
Qualification to practise.
823. No person in England is permitted to act as a public notary, or do any notarial act, unless he has been duly sworn, admitted and enrolled in the court wherein notaries have been accustomarily sworn, admitted and enrolled (p).
Admission.
Qualification for admission.
Service.
In order to be thus admitted the applicant must previously have been bound by a contract in writing or by indenture of apprenticeship to serve as clerk and apprentice to a practising notary for not less than seven years (q), reduced to five years if the applicant desires to practise only outside the area under the jurisdiction of the Scriveners' Company (r).
Transfer of apprentice.
824. Provision is made for transferring the apprentice in the event of the death of a notary to whom he is apprenticed and in other events (s).
Affidavit of service.
825. Before the apprentice can be enrolled as a notary, he must make and file an affidavit of due service (t), which must be service in the proper business of a notary (u). If, however, the master is a solicitor as well as a notary, the apprentice will not be disqualified by having served a clerkship to his master or his partner as a solicitor at the same time as that of his apprenticeship (a); provided such apprentice does not intend to practise within the area under the jurisdiction of the Scriveners' Company.
Qualification to practise within area of Scriveners' Company.
826. If the apprentice applies for a faculty enabling him to practise within the area under the jurisdiction of the Scriveners'
(m) Public Notaries Act, 1801 (41 Geo. 3, c. 79), ss. 3, 10; and 1843 (6 & 7 Vict. c. 90), ss. 7, 8.
(n) See title CONSTITUTIONAL LAW, Vol, VI., p. 330; Vol. VII., pp. 11 et seq.
(o) Stat. (1533-4) 25 Hen. 8, c. 21, s. 4.
(p) Public Notaries Act, 1801 (41 Geo. 3, c. 79), s. 1.
(q) Ibid., s. 2. None of the provisions as to apprenticeship (see the text, infra) apply to ecclesiastical notaries; see p. 494, ante.
(r) Public Notaries Act, 1843 (6 & 7 Vict. c. 90), ss. 3, 6. Within three months from the date of the contract of apprenticeship an affidavit, stating the date and parties thereto, must be made by one of the subscribing witnesses of the execution of the contract, and must be filed by the Master of the Faculties or his surrogate, who makes memorandum on the contract of apprenticeship of the date of filing such an affidavit (Public Notaries Act, 1801 (41 Geo. 3, c. 79), ss. 2, 4). The affidavit must be produced and read before the applicant is enrolled as a public notary (ibid., s. 3). The officer filing the affidavit is, at a fee of 5s., to enter the substance of the facts in a book, which is open to inspection on payment of a fee of 1s. (ibid., s. 5).
(s) Ibid., s. 8.
(t) Ibid., s. 9.
(u) R. v. Scriveners' Co. (1830), 10 B. & C. 511; R. v. Scriveners' Co. (1842), 3 Q. B. 939, Ex. Ch., as reported sub nom. Scriveners' Co. v. R. 12 L. J. (EX.) 492.
(a) Public Notaries Act, 1843 (6 & 7 Vict. c. 90), s. 1.
(page 495)
(page 496)
Company (b), he must take up the freedom of the Scriveners' Company according to its rules, and obtain a certificate of the clerk of the company to that effect and produce it to the Master of the Faculties, before such a faculty can issue (c).
Powers of Master of Faculties as to qualification
827. In respect of the appointment of notaries admitted to practise outside the area under the jurisdiction of the Scriveners' Company, either in England or elsewhere in the British Dominions, the Master of the Faculties has power to make rules requiring evidence as to the competency of the applicant and may admit or reject an applicant at his discretion (d).
SUB.SECT. 3. — District Notaries.
District notaries.
828. A district notary is a notary admitted to practise in a particular district. A solicitor who resides more than ten miles from the Royal Exchange, London, may be admitted by the Master of the Faculties to practise as a district notary outside the City of London, the liberties of Westminster, the borough of Southwark and outside a circuit of ten miles from the Royal Exchange, London (e). The faculty describes the area within which the solicitor is authorised to practise as a notary (f).
Qualification.
Appointment.
829. No service as an apprentice is required previous to the issue of the faculty. The applicant presents a memorial to the Master of the Faculties and produces a certificate of personal fitness signed by two notaries. His application must be supported by bankers, merchants and others residing in the district.
Caveat.
A caveat may be entered, if the application is opposed by other notaries practising in the district, to whom, if two or more in number, notice of the application must be given by the applicant.
Grounds of appointment.
The Master of the Faculties must be satisfied of the fitness of the applicant, and that for the due convenience and accommodation of the public the number of notaries in the district in question is insufficient (g).
(b) As to the limits of this area, see note (k), p. 494, ante.
(c) Public Notaries Act, 1801 (41 Geo. 3, c. 79), s. 13. Under the powers of their charter and according to their rules, the Scriveners' Company require a person, taking up the freedom of the company for the purpose of practising as a notary in the area under their jurisdiction, to pass an examination in (amongst other subjects) mercantile law, the law of real and personal property, the practise of a notary's office, as well as in the language of one of the foregin European States.
(d) Public Notaries Act, 1843 (6 & 7 Vict. c. 90), s. 4.
(e) Public Notaries Act, 1833 (3 & 4 Will. 4, c. 70), ss. 2, 3.
(f) Ibid., ss. 1, 2; see the observations of the Master of the Faculties in Bailleau v. Victorian Society of Notaries, [1904] P. 180, 183; Graham v. Smart (1863), 9 Jur. (N. S.) 387; Birmingham Notaries, Tunbridge v. Mathews, Colmore v. Same, Clarke v. Same, supra.; Norwich Notaries, Eaton v. Watson, Same v. Hansell, supra; Rules of the Court of Faculties, dated 19th November, 1833; Rules of the Court of Faculties, dated 23rd February, 1838 (see Brooke, Office and Practice of a Notary of England, 6th ed., by Cranstoun, pp. 54 et seq.). There is a rule of practice that the Court of Faculties will appoint a second
(page 496)
(page 497)
SUB-SECT. 4. — Notaries practising in British Dominions beyond the Seas.
Notaries in British Dominions and Colonies.
Appointment.
830. The Master of the Faculties has power to issue a faculty to any person to practise as a notary in the British Dominions or Colonies beyond the seas (h).
No service of apprenticeship is required previous to the issue of the faculty, nor need the applicant for such a faculty be a solicitor; but the applicant must satisfy the Master of the Faculties that he is competent to practise as a notary. In issuing the faculty the Master of the Faculties is guided mainly by considerations of public convenience (i).
SUB-SECT. 5. British Diplomatists and Consuls acting as Notaries in Foreign Countries.
Diplomatic and consular officers acting as notaries.
831. Every British ambassador (j), envoy, minister, chargé d'affaires, and secretary of embassy or legation in any foreign country, and every British consul-general (j), consul, vice-consul, acting consul, pro-consul, and consular agent, acting consul-general, acting vice-consul, and acting consular agent, may do any notarial act which any notary public may do within the United Kingdom, and every oath, affidavit, and notarial act done by or before such person is effectual as if done by or before any lawful authority in any part of the United Kingdom (k).
SECT. 3. — Stamp Duties and Fees.
Stamp duties and fees.
832. Stamp duties are payable in respect of (1) articles of apprenticeship to a notary, (2) a faculty admitting a notary to practise in England, (3) the annual certificate which a notary practising in England must take out, and (4) every notarial act including a protest of a bill of exchange or promissory note (l).
notary in a town which only one notary is practising (Re Rochdale Notaries, Hudson v. Boutflower, [1910] W. N. 228).
(h) Stat. (1533-4) 25 Hen. 8, c. 21,s. 2.
(i) Public Notaries Act, 1843 (6 & 7 Vict. c. 90), s. 4; Bailleau v. Victorian Society of Notaries, [1904] P. 180; Fay v. Society of Notaries for the State of Victoria, [1909] P. 15.
(j) As to these officials, see title CONFLICTS OF LAWS, Vol. VI., pp. 428, 434.
(k) Commissioners for Oath Acts, 1889 (52 & 53 Vict. c. 10), s. 6; 1891 (54 & 55 Vict. c. 50), s. 2. In order that any document may be admitted in evidence, it is not necessary to prove the seal or signature of such a person or his official character (ibid.); and see EVIDENCE, Vol. XIII., pp. 497, 628.
(l) Stamp Act, 1891 (54 & 55 Vict. c. 39), ss. 25, 43, 44, 47, and Sched., sub nom. Apprenticeship; Faculty; Certificate; Notarial Act. If the articles of apprenticeship are executed out of London the Master of the Faculties issues a summons to the surrogate of the place where the articles are stated to have been executed, and the execution of the articles is there sworn to; see note (r), p. 495, ante. The affidavit and articles are returned to the Court of Faculties. The stamp duty on the instrument of apprenticeship is 2s. 6d. The stamp duty payable on every faculty admitting a notary to practise in England is £30. The stamp duty on a certificate is £9 if the notary practises within ten miles of the General Post Office, and £6 if he practises only beyond such limit, but only one-half of the fees is payable during the first three years after admission, enrolment, or of practise. The stamp duty on a notarial act is 1s., except in the case of a protest of a bill of exchange or promissory note where the duty on the bill or note does not exceed 1s., in which case the duty on the protest isthe same as on the bill or note (Stamp Act, 1891 (54 & 55 Vict. c. 39), Sched.; see Eglington's (Earl) Trustees v. Inland Revenue Commissioners (1865), 3 H. & C. 871); the duty may be denoted by an adhesive stamp (Stamp Act, 1891 (54 & 55 Vict. c. 39), s. 90).
(page 497)
(page 498)
Special provisions.
A solicitor who is also a notary is only liable to take out one certificate (m), but the certificate must be registered at the office of the Master of the Faculties (n). A notary who practises within the jurisdiction of the Scriveners' Company must take up the freedom of that company (o).
Position of apprentice.
833. The position of an apprentice is not affected by the omission of the notary to renew his certificate (p).
SECT. 4. — Refusal to Appoint.
Refusal to appoint.
834. If the grant of the faculty is refused by the Master of the Faculties complaint may be made to the Lord Chancellor, who may (by writ) require that the reason for such refusal should be signified to the Crown in the Court of Chancery, and provision is made for allowing such reason or for granting a faculty if the reason is held to be insufficient (q).
SECT. 5. — Striking Notary of the Roll.
Striking notary off the roll.
835. The Master of the Faculties has jurisdiction to strike a notary off the roll of notaries for misconduct as a notary or for other good cause (r). If there is any defect in the apprenticeship articles, or their registration, or i the service or admission, application to strike the notary off the roll must be made within twelve months from his enrolment, unless there has been fraud, when the application can be made at any time (s).
Any notary allowing his name to be used for the benefit of an unqualified person may be struck off the roll (t).
Any solicitor admitted as a notary to practise in a particular district may be struck off the roll of notaries if he practises
(m) Stamp Act, 1891 (54 & 55 Vict. c. 39), s. 45.
(n) For this a fee of 1s. is payable. The certificate should be taken out on the 16th November in each year. One month's grace is, however, allowed, so that if the certificate is taken out within such month it relates back to the 16th November and bears that date (Stamp Act, 1891 (54 & 55 Vict. c. 39), s. 48(b) ). Charges for work done by a notary up to the 16th December are recoverable if the certificate is taken out on or before that date. But if the certificate is taken out after that date, charges for work done during the month of grace cannot be recovered at law (ibid., s. 43); compare Re Sweeting, [1898] 1 Ch. 268; Kent v. Ward (1894), 70 L. T. 612, C. A.
(o) Public Notaries Act, 1801 (41 Geo. 3, c. 79), s. 13. The fees payable to the Scriveners' Company for admission by servitude or patrimony are £6 16s. 6d. (including a duty of £1), or for admission by redemption £14 14s. (including a stamp duty of £3).
(p) Solicitors (Clerks) Act, 1844 (7 & 8 Vict. c. 86), s. 4.
(q) Stat. (1533-4) 25 Hen. 8, c. 21, s. 11; Public Notaries Act, 1843 (6 & 7 Vict. c. 90), s. 5.
(r) Re Champion (Charles Noble), [1906] P. 86; Re Prior, Ex parte Incorporated Society of Provincial Notaries Public of England and Wales, [1908] W. N. 193; Re Terrill, Ex parte Incorporated Societyof Provincial Notaries Public of England and Wales, [1908] W. N. 194. Where a solicitor who is also a notary has been struck off the roll of solicitors (see title SOLICITORS), the Court of Faculties will follow the finding of fact by the Divisional Court, but will admit proof of further facts, if any, since that decision (Re a Notary Public (1908), Times, 19th December).
(s) Public Notaries Act, 1843 (6 & 7 Vict. c. 90), s. 9.
(t) Public Notaries Act, 1801 (41 Geo. 3, c. 79), s. 10.
(page 498)
(page 499)
outside the district mentioned in the faculty or within the city of London, the liberties of Westminster, the borough of Southwark, or a circuit of ten miles from the Royal Exchange in London (u).
SECT. 6. — Functions.
Preparation of legal documents.
Mercantile documents.
Translations.
836. A notary is entitled to prepare deeds, agreements and wills relating to real and personal property situate in England; to prepare deeds and other documents intended to take effect in the British Dominions beyond the seas and in foreign States in such form and language as may conform to the law of the place where such deed or document is intended to operate; to verify, authenticate, and attest by his official seal the execution of deeds or other documents, contracts, and powers of attorney; to prepare bottomry and respondentia bonds, average agreements and other mercantile documents (a); and to translate and verify the translation of documents in any foreign language into the English language, and vice versâ.
Presentation of bills of exchange.
837. A notary is frequently employed to present an inland or foreign bill of exchange for acceptance or payment. The clerk of the notary usually presents the bill.
"Noting."
If the bill is not accepted or paid, the notary "notes" the bill. Subsequently the notary amplifies, or, as it is commonly called, "extends" the noting by preparing and signing the protest (b).
Ships' protests.
838. Another important branch of a notary's practise deals with the noting and drawing up of "ships' protests" (c).
Object of protest.
The object of the protest is to exonerate the master and mariners or person making the protest from any charge of improper, illegal, or negligent conduct, when damage or injury has happened to a ship or her cargo during a voyage, and to record formally any facts or circumstances relating to disputes or other matters which it is thought desirable to authenticate formally in order to exculpate the master or mariners from any charge or complaint of illegal or improper action.
Noting.
Protest.
A "note" of the protest is made in a book of the notary, setting forth the date, the name of the ship, the name of her master, and the voyage, and protests against the perils of the seas causing damage. The note may be amplified or "extended." The document, which is under the seal of the notary, sets out a full statement ofthe material facts relating to any accident, collision, disaster, or difficulty either to the ship or her cargo.
Purposes for which protests prepared.
Protests are frequently drawn up which deal with the conduct of any person having business relations or duties in connection with the ship or her cargo for the purpose of putting on record in an authentic form all material facts; and they are laid before
(u) Public Notaries Act, 1833 (3 & 4 Will. 4, c. 70), s. 4.
(a) As to which see title SHIPPING AND NAVIGATION.
(b) As to noting and protesting bills, see title BILL OF EXCHANGE, PROMISSORY NOTES, AND NEGOTIABLE INSTRUMENTS, Vol. II., pp. 535-539. For forms of protests and notarial act of honour, see Encyclopædia of Forms and Precedents, Vol. II., pp. 521-523.
(c) As to shipping generally, see title SHIPPING AND NAVIGATION.
(page 499)
(page 500)
underwriters, average adjusters, and merchants for the purpose of adjusting losses on policies of marine insurance and settling disputes between shipowner and cargo-owner, and for other business purposes.
Drawing bonds for payment.
839. In connection with the raising of money by foreign States or corporations on the security of an issue of numbered bonds, which are redeemable at certain dates fixed at the time of issue by drawings, a notary is frequently employed to superintend the drawing by lot of the bond or bonds to be redeemed. He certifies the numbersof the bonds drawn.
Administering oaths and taking declarations
840. From a very early period notaries have exercised, and still exercise, the right of administering oaths, and they are in the daily practise of preparing and taking affidavits for various purposes. They are also authorised to take declarations in lieu of oaths (d). In particular they take declarations and affidavits relating to stamp and other duties (e). They may also take declarations in actions pending any of the British dominions beyond the seas relating to a debt, where one of the parties is resident in Great Britain or Ireland, or relating to real property situate in such dominions (f).
A notary may take a declaration by the attesting witness of a will or deed, or other competent person to prove the due execution thereof (g). In certain cases it is the practise of the Bank of England to accept a declaration made before a notary (h).
SECT. 7 — Admissibility in Evidence of Notarial Acts.
Proof by production of document under seal of notary.
841. The mere production of a certificate or protest, under the hand or seal of an English notary (i), relating to matters taking place or occurring in England, is not of itself in an English court of justice evidence of the matters set forth in the certificate or protest; thus, the production of a protest under the seal of a notary is not of itself admissible to prove that a foreign bill has been presented for payment in England (k). To prove such presentation the notary or his clerk, who actually made the presentation, must be called, but if the notary or clerk has died, the entries as to the presentment and dishonour of the bill made by such notary or
(d) Statutory Declarations Act, 1835 (5 & 6 Will. 4, c. 62), s. 18.
(e) Stamp Duties Management Act, 1891 (54 & 55 Vict. c. 38), s. 24; Revenue Act, 1898 (61 & 62 Vict. c. 46), ss. 7 (6).
(f) Statutory Declarations Act, 1835 (5 & 6 Will. 4. c. 62), ss. 15, 18.
(g) Ibid., ss. 16, 18. For form of certificate of notary to document for use abroad, see Encyclopædia of Forms and Precedents, Vol. I., p. 365.
(h) For example, the bank, pursuant to the Statutory Declarations Act, 1835 (5 & 6 Will. 4. c. 62), s. 14, accepts a declaration so made in lieu of an affidavit to prove the identity or the death of a proprietor of stock, or relating to the loss, mutilation, or defacement of a bank-note.
(i) A notarial act means "either the act of authenticating or certifying a document, indorsement, certificate, or entry, by a written instrument under the signature or official seal of a notary; or an instrument, attestation or certificate, made or signed by a notary in the execution of the duties of his office" (Brooke, Office and Practice of a Notary in England, 6th ed., p. 61).
(k) Chesmer v. Noyes (1815), 4 Camp. 129; Nye v. Macdonald (1870), L. R. 3 P. C. 331, per Lord CARINS, at p. 343; and see title EVIDENCE, Vol. XIII., p. 497.
(page 500)
(page 501)
clerk are admissible to prove the presentment and dishonour of the bill (l).
Foreign notaries.
842. Greater weight is given to the protests and notarial acts of foreign notaries and of notaries practising in the British dominions beyond the seas (m); thus the dishonour of a foreign bill presented abroad may be proved by producing a protest under the seal of a notary (n).
A notary public in Scotland, Ireland, or the Channel Islands, or in any of the British dominions beyond the seas has power to swear and take examinations, affidavits, declarations, affirmations, and attestations of honour in all actions or matters depending in the Supreme Court, as well as acknowledgments required to enrol any deed in the Central Office, and judicial notice is taken of the seal or signature of the notary public (o).
(l) Sutton v. Gregory (1797), Peake, Add. Cas. 150; Poole v. Dicas (1835), 1 Bing (N.C.) 649; see title EVIDENCE, Vol. XIII., p. 465.
(m) Judicial notice is taken of the seal of a notary verifying an affidavit sworn abroad (Cole v. Sherard (1855), 11 Exch. 482), or a power of attorney executed abroad (Hayward v. Stephens (1866), 36 L. J. (CH.) 135), or in the colonies (Re Goss's Estate (1866), 12 Jur. (N.S.) 595; Hutcheon v. Mannington (1802), 6 Ves. 823; Ex parte Worsley (1798), 2 Hy. Bl. 275; Omealy v. Newell (1807), 8 East, 364), but when an affidavit is taken abroad before a notary authorised to administer oaths, then his signature must be verified (Re Davis's Trusts (1869), L. R. 8 Eq. 98); but the rule has been relaxed where the fund was small; see Mayne v. Butter (1864), 13 W. R. 128; compare Brooke v. Brooke (1881), 17 Ch. D. 833; and see cases cited in title EVIDENCE, Vol. XIII., pp. 497,628. As to colonial notaries, see also title EVIDENCE, Vol. XIII., p. 497.
(n) Chesmer v. Noyes (1815), 4 Camp. 129.
(o) R. S. C., Ord. 38, r. 6; Yearly Practice of the Supreme Court, 1912, p. 534. Where several pieces of paper appear to constitute one document which is notarially verified it is not essential that each separate piece should be initialled (Hamel v. Panet (1876), 46 L. J. (P. C.) 5). See, further, title EVIDENCE, Vol. XIII., p. 496.
(page 501)
Reference
- Halsbury's Laws of England, 1st edition, Volume 21, pp. 493-501.