NOTARY. This word is derived from the Roman name notaries, a person who was so called from his taking down in notes or writing (notT) the words of a speaker. The notarii were in fact short hand writers, and it is clear from many passages of ancient writers that they used symbols of abbreviation. It may be suffi cient to quote the two following pas I sages :— Hic et seriptor erit felix cut liters verbum est, QuIcjue notis lingo am Au perat cursum9tee loqtlentis, Racipterui loops nova per vozs' verbs licet, menus est velocior Nondum lingua atom, dextra peregit opus.' Martial, Epig. xii. 208.
It seems that they were also employed to take down a man's will in writing. The notarii were often slaves. The word is also sometimes used to designate a secretary to the princeps or emperor. (Ausonius, Epig., 136 ; Gregor. Nazianz., in the letter inscribed vi Norzpip; Au gustin, lib. ii., De Doctrina Christiana ; Dig. 29, tit. I, sec. 40 ; Lampridius, Alex. &v., 28; see also the references in Facciolati, Notarixs) In the fourth century the notarii were called Exceptores, and were employed by the governors of the Roman provinces to draw up public documents. But the persons mentioned under the later Roman law, who corresponded most nearly to the modern notary, are called tabelliones; their business was generally to draw up contracts, wills, and other instruments. The forty-fourth Novel treats specially of the tabelliones (irspl Tmr crv,w3oAsuo ypaceiZr); and they are spoken of in various other parts of the Novels, and in the Code. (Cod. xi., tit. 53, &c.) It appears clear that as the word notarius is the origin of the modern term notary, so the tabellio is the person from whom were derived the functions of the modern notary public.
It is impossible to say when persons under the name and exercising the func tions of notaries were first known in England. Spelman cites some charters of Edward the Confessor as being exe cuted for the king's chancellor by notaries. (Gloss. tit. Nolarius.) " Notaries," are mentioned with " procurators, attornies, executors, and maintainours," iu the stat. of 27 Edward III. C. 1. They were officers or ministers of the ecclesiastical courts, and may therefore have been in troduced into this country at a very early period. It is generally supposed that the power of admitting notaries to practise was vested in the archbishop of Canter bury by the 25 Hen. VIII. c. 21, § 4. The term of s...rvice and the manner of admission to practise are regulated by the 41 Geo. III. c. 79, amended by 6 & 7 Vict. c. 90 The first of these acts prescribed that no person in England should act as a public notary or do any notarial act unless he was duly sworn, admitted, and enrolled in the court wherein notaries have been accustomaril; sworn, admitted, and enrolled. By 41 Geo. III. a person must also have been bound by contract in writing, or by in denture of apprenticeship, to serve as a clerk or apprentice for seven years to a public notary, or to a scrivener using his art and mystery according to the privi lege and custom of the city of London, and also being a notary, who has been duly sworn, admitted, and enrolled ; but in the preamble to the act 6 & 7 Vict. it is stated that " whereas doubts have arisen whether a public notary, being also an attorney, solicitor, or proctor, can have and retain any person to serve him as a clerk or apprentice in his profession of business of a public notary, and also at the same time as that of an attorney, solicitor, or proctor, and whether such service is in conformity with the pro visions of the said act" (41 Geo. III. c. 79); and it is then enacted that persons who have so served are not disqualified ; but no public notary can retain a clerk unless in actual practice ; and by 6 & 7 Vict. a term of five years is sufficient.
An affidavit of the execution of the con tract must also be made and filed, as the act prescribes, in the proper court, and the affidavit must be produced and read at the time of the person's admission and enrolment as a public notary, in the Court of Faculties, which is the proper coui t for admitting and enrolling notaries. The proper persons for taking and filing the affidavits are the master of the facul ties of the archbishop of Canterbury, in London, his surrogates or commissioners. The Master of the Faculties is authorized by the act 6 & 7 Vict. to make rules requiring testimonials or proofs as to the character, integrity, ability, and compe tency of persons who apply for admission or re-admission; but from his decision there is an appeal to the Lord Chancellor. Persons who act as notaries for reward, withcnt being properly admitted and enrolled, are liable for every offence to I forfeit Mid pay the sum of 501. ; but British consuls abroad are empowered to perform notarial acts (6 Geo. IV. e. 87, § 20). The licence or commission for acting as a notary in England requires a stamp duty of 301., and in Scotland one of 201. An annual certificate is also re quired. Notaries public who practise within the jurisdiction of the incorporated Company of Scriveners of London must become members of and take their freedom of that company under the acts of the 41st Geo. Ill. and 6 & 7 Vict. Instead of the oath of office formerly taken, the act 6 & 7 Vict. requires, in addition to the oaths of allegiance and supremacy, a new oath* for the honest and faithful discharge of their duties ; the oaths of allegiance and supremacy are dispensed with in cases provided for by law ; and a decla ration is substituted for an oath under similar circumstances.
The original business of notaries was to make all kinds of legal instruments : they are often spoken of in former times as the persons who made wills (Shepherd's Touchstone, vol. ii., 407, Preston's ed.); but the attorney and solicitor have now got possession of this part of their busi ness. In practice their business is now limited to the attestation of deeds and writings for the purpose of giving them such authenticity as shall make them ad missible as evidence in other countries, but principally such as relate to mercantile transactions. It is also their business to snake protests of bills of exchange. They also receive and take the affidavits of mariners and masters of ships. Notaries are mentioned with serjeants-at law, bar risters, solicitors, attorney s, and others (44 Geo. III. c. 98, § 13), as the per sons who may, for fee or reward, draw or prepare conveyances or deeds relating to real or personal estate, or proceedings in law or equity. A recent act (5th & 6th William IV. c. 70, § 5) provides that in cases of such actions or suits being brought in any court of law or equity within any of the territories or depen dencies of Great Britain abroad, as in the act mentioned. public notaries, with other persons named in the act, are authorized to receive solemn declarations in writing, in the form prescribed by the act; and such declarations, when certified under their signature and seal, and transmitted, shall be allowed in all such actions and suits to have the same force as if the per sons making the declarations had ap peared and sworn or affirmed the matters therein contained in open court, or upon a commission issued for the examination of witnesses.