CHAPTER 35 - NOTARIES PUBLIC AND NOTARIAL FUNCTIONS ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
[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
SI 427 of 1968.
[Rules by the Chief Justice]
These Rules may be cited as the Notaries Public Rules.
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.
The forms in the Schedule shall be used for the appropriate purposes thereof.
[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)
[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
Act 13 of 1994,
SI 179 of 1990.
[Rules by the Chief Justice]
(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]
[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
7
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
4
(b) For every additional kilometer
2
17. Minuting or Noting ships protest
67
18. Extending ship's protest
9
19. Furnishing copy of extended protest
37
20. Journeys necessarily incurred
1
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}