Notaries Public Act


1988 Revised Edition






C
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NOTARIES PUBLIC ACT

Notaries Public Act CAP.23 Arrangement of Sections




1988 Revised Edition
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C
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NOTARIES PUBLIC ACT

Arrangement of Sections
Section
1 Short title..........................................................................................................5
2 Interpretation....................................................................................................5
3 Appointment of Tongan Notaries Public. ........................................................5
4 Functions of Tongan Notaries Public. .............................................................6
5 Revocation of appointments. ...........................................................................6
6 Penalty for unauthorised exercise of powers. ..................................................7
7 Evidence...........................................................................................................7
8 Rules. ...............................................................................................................7

Notaries Public Act CAP.23 Section 1




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C
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NOTARIES PUBLIC ACT

Act 7 of 1977

AN ACT TO DETERMINE THE LAW RELATING TO
NOTARIES PUBLIC

Commencement [28th April 1978]

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

2 Interpretation.
In this Act, unless the context otherwise requires, the following words have the
meanings set out below:

(a) “Tongan Notary Public” means a person who holds a valid
appointment made under section 3 of this Act.

(b) “Foreign Notary Public” means a person who holds a valid
appointment as a Notary or as a Notary Public in any country other
than the Kingdom of Tonga.

3 Appointment of Tongan Notaries Public.
(1) The Privy Council, acting on the recommendation of the Prime Minister,

may from time to time appoint suitable persons to be Tongan Notaries
Public.

Section 4 CAP.23 Notaries Public Act




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(2) A person appointed to be a Tongan Notary Public may be authorised by
the Privy Council to practise either in all parts of the Kingdom or in a
specified territory within it.

(3) In making any appointment under this section, the Privy Council shall
have regard to the number of Tongan Notaries Public already practising in
the territory where the candidate is expected to practise and to the
convenience of the inhabitants of such place; but the Privy Council shall
nevertheless have the absolute discretion in making or refusing to make
any such appointment.

(4) If a Tongan Notary Public is about to be absent from the Kingdom or from
the place within which he is entitled to practise, for a period exceeding
one month, the Privy Council may appoint any suitable person to be a
Tongan Notary Public temporarily and authorise him to practise during
the absence of the first mentioned Tongan Notary Public:

Provided that, no temporary appointment of a Tongan Notary Public shall
have effect for a period longer than 12 months and shall lapse upon the
death or the return to the Kingdom or to the respective place within it of
the Tongan Notary Public on account of whose absence the temporary
appointment was made.

4 Functions of Tongan Notaries Public.
Every Tongan Notary Public shall be entitled to exercise, within the territory
specified in his appointment, the following powers:

(a) To draft contracts, agreements, conveyances, wills and other legal
documents and to authenticate the signatures thereto appended in
his presence;

(b) To present for acceptance or for payment and to note and to protest
the dishonour of bills of exchange, promissory notes and other
types of negotiable instrument;

(c) To administer any oath or affirmation in connection with any
affidavit or statutory declaration executed within the territory for
which he is appointed.

5 Revocation of appointments.
If it appears to the Privy Council that a Tongan Notary Public has exercised his
powers outside the territory, if any, specified in his appointment or if he has
been convicted of an offence under the Criminal Offences Act, the Privy Council
shall revoke the appointment of such Tongan Notary Public.

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6 Penalty for unauthorised exercise of powers.
Any person who exercises within the Kingdom of Tonga any of the functions of
a Tongan Notary Public and who, when doing so, purports to be a Tongan
Notary Public although he does not hold a valid appointment under section 3 of
this Act, shall be liable on conviction to a fine not exceeding $100 or to
imprisonment for a period not exceeding 6 months or both such fine and
imprisonment.

7 Evidence.
Any document executed or authenticated either by a Tongan Notary Public or by
a Foreign Notary Public shall be received as evidence in any legal proceedings
conducted within the Kingdom and shall constitute prima facie evidence of the
contents thereof.

8 Rules.
The Prime Minister, with the consent of Cabinet, may make rules: —

(a) For the guidance and control of persons who are entitled to exercise
the functions of a Tongan Notary Public under this Act;

(b) To fix the fees payable to Tongan Notaries Public;
(c) To fix the fees payable by any Tongan Notary Public on his

appointment under Section 3 of this Act.