Notaries (CAP. 295 1

CHAPTER 295

THE NOTARIES PUBLIC ACT

Arrangement of Sections
Section

Short title.
Power to Chief Justice to appoint notaries public.
Notary to take oath.
Enrolment.
Notaries to be deemed officers of Supreme Court.
Penalties on unqualified persons acting as notaries.
Notary may refuse to act in certain cases.
Duties of notary when refusing to act.
Penalty against notary for wilful misfeasance &c.
Fees of notaries.
SCHEDULE.

NOTARIES PUBLIC

1. This Act may be cited as the Notaries Public Act. Short title.

2. (1) The Chief Justice of the Supreme Court may, Power to Chief
Justice to ap oint

from time to time, appoint any person, whom he shall con- not,,i,,
sider a fit and proper person, to be a notary public for
Antigua and Barbuda to discharge the duties assigned to such
office by the laws of Great Britain and Northern Ireland and
of Antigua and Barbuda, or by the practice of commerce.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 295) Notaries Public

(2) No person shall be appointed a notary public without
being previously examined, by or under the direction of the
Chief Justice, as to his competency to discharge the duties
of the office, unless he is a barrister or solicitor of the Supreme
Court, or unless the Chief Justice, on special grounds,
dispenses with the examination.

(3) Every person so appointed shall, on his appoint-
ment, pay into the Treasury the sum of twenty-four dollars.

Notary to take 3. Every person so appointed shall, before entering
oath. upon the duties of his office, be sworn before the Governor-

General, or any person authorized by him to administer
oaths, well and faithfully to discharge the duties of such his
office.

Enrolment. 4. Every person appointed to the office of a notary
public shall cause his name to be enrolled in a book to be
kept for the purpose in the office of the Registrar, and to
be called the roll of notaries public, and he shall be entitled
to a certificate of enrolment under the seal of the court, and
no person whose name shall not be enrolled as aforesaid shall
be entitled to perform the duties of a notary public within
Antigua and Barbuda.

Notaries to be
deemed officers

5 . Every person discharging the duties of a notary
or supreme public shall be deemed to be an officer of the Supreme Court,
Court. and, upon a certificate from any Judge of the said Court

that any notary public has been guilty of misconduct in the
discharge of the duties of his office, such notary public shall
be forthwith discharged by the Chief Justice from the duties
of the said office.

Penalties on
unqualified

6. Any person who discharges the duties of a notary
persons acting as public, not being duly qualified so to do, shall be liable, on
notaries. summary conviction to a penalty not exceeding three

thousand dollars.

Notary may
refuse to act in

7. In all cases where the circumstances shall appear
certain cases. to the notary suspicious, and not warranting the protest or

other notarial act demanded, the notary shall refuse to act:
Provided that any person who considers himself

aggrieved by the refusal of the notary to note the protest

LAWS OF ANTIGUA AND BARBUDA

Notaries Public (CAP. 295 3

or do any other notarial act demanded, may apply to the
High Court, or any Judge thereof, for an order calling upon
the notary to act in the execution of his office, and, before
applying for such order, notice of the application shall be
given to the notary refusing to act, and to such persons, if
any, in Antigua and Barbuda, as are interested in the sub-
ject of the protest.

8. When any protest or other notarial act shall be 2:;;;;:;;
refused to be noted or done, the notary so refusing shall mark ,t.
in the log book, bill of exchange, or other document, his
refusal, with his signature and the date of refusal subscribed
thereon.

9. Any notary public or other person who wilfully ~P;$Y~;+;;~~
certifies or propounds any false statement or document, or ,;,feaSance, a, .
who fraudulently, with intent to deceive, conceals, withholds,
or perverts any fact or document pertinent to the subject
of protest, or other notarial act, shall be guilty of a mis-
demeanour, and shall be liable to be imprisoned for any term
not exceeding two years.

10. All fees for discharging the duties of a notary Fees of notaries.
public shall be as specified in the Schedule. Schedule.

LAWS OF ANTIGUA AND BARBUDA

CAP. 295) Notaries Public

SCHEDULE

Noting protest on bill or note ............................
Extending protests on bills of exchange and promissory

notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Should the acceptor or drawer of a bill or note reside

out of town, and the Notary has to present the
bill or note, a further charge for the first mile
and, for every additional mile beyond the first mile

Minuting or noting ship's protest .......................
Extending ship's protest ...................................
Furnishing copy of extended protest ...................
Attestation to any document, if in town ..............

if out of town, additional for the first mile . ...
and, for every additional mile beyond the first mile

Declaration thereto for the master, and for each
additional declarant ......... ...... ........... ...... ...

Attendances, each ...........................................

From Danish, German or Swedish per folio of 72 words
From French ..................................................
From Latin ....................................................
From Russian ...... ..........................................
Attestation to translation ..................................
Translation of common attestation to power for stocks