Commissioners For Oaths and Notaries Public Act 1972

[18 May 1972]

[preamble and words of enactment omitted]

Interpretation

1 In this Act, unless the context otherwise requires,—

"affidavit" includes an affirmation or a statutory or other decla ration;

"oath" includes affirmation and declaration.

Appointment of commissioners for oaths

2 (1) The Chief Justice may from time to time, by notice in the Gazette, appoint fit and proper persons to be commission for oaths, and may revoke such appointment.

(2) The persons listed in the Schedule shall be, ex officio, com missioners for oaths.

Commissioners may administer oaths and take affidavits

3 A commissioner for oaths may administer any oath or take an affidavit for the purposes of any court or matter in Bermuda, including matters relating to the registration of any instrument under any provi sion of law or where such administration or taking is authorized by any statutory provision.

Enrolment of notaries public

4 (1) The Supreme Court or any Judge thereof may enrol as a notary public any fit and proper person who is qualified to be a notary public under this section.

(2) The following persons shall be qualified to be notaries pub lic—

(a) any barrister and attorney who has been admitted and enrolled to practise in the Supreme Court pursuant to the Supreme Court Act 1905 [title 8 item 1] for a period of not less than five years previous to the application for enrolment as a notary public,

(b) any person entitled to practise as a notary public in England, Scotland, Wales or Ireland,

and who possesses Bermudian status for the purposes of the Bermuda Immigration and Protection Act 1956 [title 5 item 16].

(3) The Registrar shall keep a roll of the names of all notaries public enrolled under this section together with the date of enrolment.

Ex officio notaries

5 Notwithstanding section 4—

(a) the Mayor of the City of Hamilton and the Mayor of the Town of St. George shall be ex officio notaries public;

(b) the Deputy Governor and the Attorney-General shall be ex officio notaries public within Bermuda generally to perform or certify any notarial act on behalf of the gov ernment only but shall, in the exercise of such func tions, be ineligible to receive any fee for any notarial act.

Notaries are officers of Supreme Court

6 A notary public shall be an officer of the Supreme Court.

Removal from roll

7 A notary public may upon the order of the Supreme Court or any Judge thereof be removed from the roll kept under section 4 or sus pended from the performance of any act whatsoever appertaining or be longing to his office if he is found guilty of any criminal offence, or if it has been made to appear to such Court or Judge that such notary has been guilty of misconduct or negligence or has been unskillful in the dis charge of his functions as a notary public.

Functions of notaries

8 A notary public may perform any function which may be, or is required to be performed, by a notary public under the laws of England or by any provision of law of Bermuda including the provisions of any treaty or convention and any protocol to such treaty or convention appli cable in relation to Bermuda.

Seal of notary

9 Every notary public enrolled and practising under this Act shall provide himself with a seal to be impressed upon all documents issued by him as such notary public of such design as may be specified in rules made under section 12.

Jurat or attestation

10 Every notary public and commissioner for oaths before whom any oath or affidavit is taken or made under this Act or other statutory provision shall state truly in the jurat or attestation at what place and on what date the oath or affidavit is taken or made.

Offences

11 Any person who—

(a) shall hold himself out to be a notary public or commis sioner for oaths: or

(b) who shall receive any fee or reward as a notary public or commissioner for oaths,

unless he has been appointed as a commissioner of oaths under section 2 or enrolled as a notary public under section 4, as the case may be, or is ex officio commissioner for oaths or notary public by virtue of this Act, commits an offence:

Punishment on summary conviction: a fine of $500 and for second or subsequent conviction : imprisonment for 6 months or a fine of $1,000 or both such imprisonment and fine.

Rules

12 The Chief Justice may make rules for the better carrying out of this Act, and, without derogating from the generality of the foregoing, such rules may—

(a) provide for the fees which may be charged for notarial acts or by commissioners for oaths;

(b) prescribe the fees payable upon the enrolment of a no tary public;

(c) prescribe rules of conduct for commissioners for oaths and notaries public, including the manner in which the records are to be kept and the inspection of protocols;

(d) specify the form of seal for the purposes of section 9.

Repeal and savings

13 (1) [omitted]

(2) Any person who was practising as a notary public in Bermuda immediately prior to 18 May 1972 shall be deemed to be en rolled as a notary public under section 4.

SCHEDULE (section 2)

1 Any barrister and attorney entitled to practise as such under the Supreme Court Act 1905 [title 1 item 1].

2 Magistrates.

3 The Registrar of the Court of Appeal or the Supreme Court.

4 Officers of the Bermuda Police Service of or above the rank of In spector.

5 The manager of any bank, being a bank licensed under the Banks Act 1969 [title 17 item 20].

6 The Deputy Governor.

7 The Secretary to the Cabinet.

8 The Registrar-General.

9 The Registrar of Companies.

10 Customs officers as defined in the Revenue Act 1898 [title 14 item 10] in the performance of their duty as such.

11 Immigration officers in the performance of their duty as such.

12 Justices of the Peace.

[schedule amended by 1997:37 effective by notice in Official Gazette]

|Amended by
1997:37|

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Bermuda Consolidated Legislation

Commissioners For Oaths and Notaries Public Act 1972