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Decisions of the Superior Courts of New South Wales, 1788-1899

Published by the Division of Law     Macquarie University

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[notary public]

In re Wilson

Supreme Court of New South Wales

Forbes C.J., Dowling and Burton JJ, 17 March 1834

Source: Australian, 17 March 1834

 

On the motion of Mr. S. Stephen - That Mr. William Wilson, a Notary Public of Scotland, in virtue of a Commission dated at Edinburgh, the 29th of February 1828, should be admitted by their Honors, and have the sanction and authority of the Court, to act in said capacity in this Colony.  Their Honours remarked, that Notaries Public were a body of men fully qualified by Act of Parliament, and their commissions to act without the sanction or authority of any Court - they were therefore of opinion they could not interfere with his office in this Colony, and that his acts and deeds were perfectly valid and effectual without their intervention, sanction or authority, Mr. Wilson, has, we understand, an office in Queen's Place, where he will pursue the avocations of a Notary Public.

 

Supreme Court of New South Wales

Forbes C.J., Dowling and Burton JJ, 15 March 1834

Source: Dowling, Proceedings of the Supreme Court, vol. 94, State Records of New South Wales, 2/3277

 

[p. 52] S. Stephen applied on behalf of a Scotch Notary Public to be admitted a notary public of this court; but

Per Curiam.  We have no authority to admit or appoint a Notary Public.  Such an appointment is made by the Judges of the Courts of Civil Law.  If he be a regularly authorized Notary Public, our admission or recognition of him, will give his appointment no greater validity than it already has.  It is said in the Books that even the King cannot appoint a Notary Public.  It requires an Emperor.  We therefore must appoint an Emperor first.