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CHAPTER 35 - NOTARIES PUBLIC AND NOTARIAL FUNCTIONS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Notaries Public Rules

Notaries Public (Fees) Rules

NOTARIES PUBLIC RULES

[Section 32]

Arrangement of Rules

   Rule

   1.   Title

   2.   Roll of Notaries Public

   3.   Appointment as notary public

   4.   Order directing notary to act

   5.   Prescribed forms

      SCHEDULE

SI 427 of 1968.

[Rules by the Chief Justice]

 

1. Title

These Rules may be cited as the Notaries Public Rules.

 

2. Roll of Notaries Public

The Roll of Notaries Public shall be in the form of a book or books of fifty double pages. The left-hand page shall be in four columns headed respectively as follows:

1. Name.

2. Address.

3. Date of appointment.

4. Any other particulars required by paragraphs (c) and (d) of section 30 (1) of the Act. The right-hand page shall be in three columns headed respectively:

5. Signature of notary.

6. Signature of Registrar.

7. Sample Seal and High Court File No.

 

3. Appointment as notary public

An application for appointment as a notary public shall be supported by an affidavit verifying the facts upon which the application is founded.

 

4. Order directing notary to act

An application for an order directing a notary public to act in execution of his office shall be supported by an affidavit verifying the facts upon which the application is founded.

 

5. Prescribed forms

The forms in the Schedule shall be used for the appropriate purposes thereof.

SCHEDULE

[Rule 5]

PRESCRIBED FORMS

FORM 1

[Section 3 (1)]

THE NOTARIES PUBLIC AND NOTARIAL FUNCTIONS ACT

INSTRUMENT OF APPOINTMENT

................... A ................... B ..................... is hereby appointed a notary public.

...................................

Chief Justice

......................(Date)

KFORM 2

[Section 5(2)]

THE NOTARIES PUBLIC AND NOTARIAL FUNCTIONS ACT

CERTIFICATE OF ENROLMENT

It is hereby certified that ................... A.B. ................................ was on the day of enrolled as a notary public.

.....................................

Registrar

......................(Date)

(Seal of HighCourt)

FORM 3

[Section 8 (2)]

THE NOTARIES PUBLIC AND NOTARIAL FUNCTIONS ACT

FORM OF APPLICATION FOR ORDER DIRECTING NOTARY TO ACT

To the Chief Justice or Mr. Justice ........................................ (as the case may be).

On the ............................... day of ...................................... I ...........................(name of applicant) of ................................

(address of applicant) ................................................... requested (name of notary) .......................................... to perform the following notarial act/s:.................................................................................................(here set out statement of act requested).


{mprestriction ids="2,3,5"}

2. The circumstances in which said request was made are as follows:

......................... (here set out the facts).

3. The said ................................. (name of notary) refused to act.

4. I hereby request that an order be made directing the said to act in ............................... (name of notary) the execution of this office in the matter aforesaid.

...................................

Applicant

......................(Date)

FORM 4

[Section 20 (2)]

THE NOTARIES PUBLIC AND NOTARIAL FUNCTIONS ACT

FORM OF REPORT

To the Chief Justice.

.................. A .................. B .................. a notary public appointed under the Notaries Public and Notarial Functions Act, was on the ............... day of ................................ convicted by me of the offence of ............................. and was sentenced to a term of imprisonment of ..............

2. The facts relating to such conviction are as follows:

.......................................

Judge or Magistrate

......................(Date)

FORM 5

[Section 32]

THE NOTARIES PUBLIC AND NOTARIAL FUNCTIONS ACT

FORM OF APPLICATION FOR APPOINTMENT AS A NOTARY PUBLIC

To the Chief Justice.

I ...................................................... (name of applicant) of ..........................................(address of applicant) hereby apply for appointment as a notary public.

2. The facts supporting this application are set out and verified in the attached affidavit.

.....................................

Applicant

......................(Date)

NOTARIES PUBLIC (FEES) RULES

[Section 18]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Rules

   Rule

   1.   Title and application

   2.   Repeal and replacement of Second Schedule

      SECOND SCHEDULE

Act 13 of 1994,

SI 179 of 1990.

[Rules by the Chief Justice]

 

1. Title and application

   (1) These Rules may be cited as the Notaries Public (Fees) Rules.

   (2) These Rules shall apply in respect of functions and duties performed after the publication of these Rules.

 

2. Repeal and replacement of Second Schedule

The Second Schedule to the Act is hereby repealed and replaced by the Schedule set out in the Appendix to these Rules.

APPENDIX

[Paragraph 2]

SECOND SCHEDULE

[Section 18]

 

 

A. NOTARIAL ATTESTATION 

Fee Units 

1. For administering an oath or receiving a declaration of affirmation, without attestation or signature 

18 

2. For adminstering an oath, receiving a delaration of affirmation, with attestation or signature 

45 

3. For marking every exhibit or document annexed to an affidavit, declaration or affirmation 

15 

4. For signature attested by a Notary Public in any document not otherwise provided for in this Schedule 

45 

5. Declaration thereto for each additional notarial seal to the fastening 

15 

6. For marking document and attaching notarial seal to the fastening 

18 

7. For affixing notary signature, and seal if required, to any document not otherwise provided for in this Schedule 

30 

8. Preparing certificate or authentication or legislation of notary's signature and having the same sealed and signed by Registrar of the High Court or by foreign consul 

67 

9. Attestation accompanied by explanation to female to secure that she is separately advised 

67 

B. ANTENUPTIAL CONTRACT 

1. For preparing and attesting and, when required, completing by registration plain antenuptial contract with no settlement of property, including signed duplicate for wife, signed duplicate for husband and copy for deposit on registration-(minimum) 

375 

C. NOTING AND PROTESTING PROMISSORY NOTES AND BILLS OF EXCHANGE 

Noting against Two Parties 

Fee Units 

1. Presentation Fee 

37 

2. Noting protest on Bill or Note 

37 

3. Noting in Book 

37 

4. Notice 

22 

5. Copy 

6. Serving Notice and Postage 

30 

7. Extending Protest on Bill or Note 

37 

Noting against Two Parties 

Fee Units 

8. Presentation Fee 

60 

9. Noting Protest on Bill or Note 

60 

10. Noting in Book 

37 

11. Notices (two) 

37 

12. Copies (two) 

15 

13. Serving Notices and Postages 

60 

14. Extending Protest on Bill or Note
[Noting against more than Two Parties Fee on similar lines to the above Protesting

No extra fee is to be charged unless protest is drawn up in writing under special instructions to that effect] 

60

 

15. Formal protest in writing made on special instructions by client 

97 

16. Should the acceptor or drawer of a bill or note reside out of town and the notary have to present the bill or note a further Charge– 

 

(a) For the first kilometre of journey 

(b) For every additional kilometer 

17. Minuting or Noting ships protest 

67 

18. Extending ship's protest 

19. Furnishing copy of extended protest 

37 

20. Journeys necessarily incurred 

D. TRANSLATIONS 

1. For every page or part thereof 

23 

2. Attestation to translation 

37 

3. Translation of common attestation power of stocks 

37 {/mprestriction}