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Notaries Public Act


Published: 1865-01-01

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NOTARIES PUBLIC

THE NOTARES PUBLIC ACT

ARRANGEMENT OF SECTIONS

1. Short title.

3. Appointment of Notaries Public.
4. Oath to be taken.
5. Duty in suspicious cases.
6. Refusal of protest 10 be noted.
7. offcllcs.
8. Notaries to be offiwrs of Supreme Court.
9. commission to bc stamped.

2. Interpretation.

10. Adhesive instead of impressed s W p .
11. Fecs.

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me inclusion of this page is authorized by L.N. 4801 19731

NOTARIES PUBLIC 3

THE NOTARIES PUBLIC ACT CUR 261.
Act

40 of 1%
11865.1

1. This Act may be cited as the Notaries Public Act. aOeduG

2.-In this Act the expression “Corporate Area” has the Inteterpreta-
meaning assigned to it by section 3 of the Kingston and St. c,966
Andrew Corporation Act. s. 2.

3. The Governor-General may, by warrant under his Appointmerit
of Nolmics hand and sed, from time to time commission and appoint hb,ic,

as many fit and proper persons as be may think fit through-
out the Island to be Notaries Public, to discharge the duties
assigned to such office by the laws of Great Britain and of
this Island, or by the practice of commerce.

Notary Public shall, under a dedimus to be issued by the
Governor-General, be sworn well, truthfulIy, and faithfully
to discharge such duties.

5. Before noting any protest, where the circumstancesI)uryin
shall appear to the notary to be suspicious, and not %;ao“
warranting the protest demanded, he shall refuse to act,
until, by an order of two Justices in Petty Sessions, the
person requiring the protest shall have established a right
thereto, and, before applying for such order, notice of the
application shall be given to the notary refusing the
protest, and such persons, if any, in the Island, interested
in the subject of protest.

6. When a protest or other notarial act shall be refused, Rc[Uraloi
the notary shall mark on the log-book, bill of exchange, or :zTtobs
other document, his refusal to the effect, “protest refused”,
with his signature and the date of refusal subscribed.

4. Before entering upon the duties of his office, each oath tobe
rakm.

Ill18 Musion of this pagc is authorized by LN. 480/1973]

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4 NOTARIES PUBLIC

Offenca. 7. It shall be a misdemeanour, punishable by fine or
imprisonment, with or without hard labour, for a term not
exceeding three years, or by both fine and imprisonment as
aforesaid, for any notary or other person falsely to certify,
or to propound any statement, document, or thing, or
fraudulently, with intent to deceive, to conceal, withhold
or pervert any fact, document, or thing pertinent to the
subject of protest or other notarial act.

~ ~ t z r i ~ ~ t o 8. Notaries Public shall be deemed to be officers of the
ofsupreme Supreme Court, and liable to the summary jurisdiction
court. thereof; and, on a certificate from the Court of misconduct

in office, the Governor-General shall discharge the offending
officer from his said office.

be officers

to be
stmpcd.

401 1966
s. 3.

Adhesive
instead of
imprcsscd
stamps.

FOU.

40/1966
s. 4.

~ ~ ~ ~ i ~ i ~ ~ 9. A stamp duty, according to the understated scale,
shall be impressed on each commission of Notary Public to
be countersigned by the Registrar of the Supreme Court.

Scale of Stamps on Commissions of Notary Public

For the whole Island ... .. . $30

For any parish outside the Corporate
For the Corporate Area . . . ... $20

Area .. . ... ... ... $10

10. Instead of the impressed stamp of forty cents pre-
scribed by the Stamp Duty Act, a fifty Cents adhesive stamp
may be substituted, provided it be duly cancelled as by the
said Act prescribed.

ll.-(l) The fces payable for notarial acts (which shall
be payable in addition to any stamp duty) shall be the fees
for the time being prescribed in a tar# of feei framed and
approved in accordance with the provisions of this section.

[The inclusion of this page is authorized by L.N. 480119731

NOTARIES PUBLIC

(2) Any two Notaries Public appointed by the
Minister for the purposes of this section may frame a tariff
of fees payable for notarial acts and may from time to time
amend the same.

(3) Every tariff of fees framed in accordance with the
provisions of subsection (2) and every amendment thereof
shall be subject to the approval of the Minister who may
make such alterations or additions as he may think fit, and
shall not have effect unless published in the Caretre by order
made by the Minister.

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[The inclusion of this page is authorized by L.N. 480/1973]