The act of 4th

70, enabling

admitted notaries.

the subscribing witnesses, and filed according to the directions of the act.

The act subjects any person acting as a notary (except proctors, secretaries to bishops, and persons necessarily created a notary for the purpose of holding or exercising some office or service under Government, and not as general practitioners) to a penalty of L.50, unless qualified according to the provisions of the act, or in practice before its passing. And it also subjects any notary acting or permitting his name to be used, "for or on account, or for the profit or benefit" of any person not a notary, to the penalty of being struck off the roll, except as to any allowance or sums agreed to be paid to the widow or children of any deceased notary by a surviving partner.

The provisions of the above act being found inWill. IV., cap. convenient in places distant from London, an act attorneys and was passed in the fourth year of the reign of his late proctors to be Majesty Will. IV., cap. 70, for admitting attorneys, solicitors, and proctors, beyond the limits of ten miles from London, entitled, " An act to alter and amend an act of the 41st year of his Majesty King George the Third, for the better regulation of public notaries in England;" whereby, after reciting the act of the Recital of the 41st George the Third, it was enacted, “That so niuch of that act as required that persons to be admitted notaries-public shall have served a clerkship or apprenticeship for seven years, should, so far as the same affected persons being attorneys, solicitors, or proctors, admitted as thereinafter mentioned, be limited and confined to the city of London and liberties of Westminster, the borough of Southwark, and the circuit of ten miles from the Royal Exchange in the said city of London."

act of 41st

Geo. III., cap.

79.

Recited act limited to London, and ten miles thereof.

Attorneys may be ad

mitted as no

taries out of

those limits.

And it is further enacted by section 2, "That from and after the passing of this act, it shall and may be lawful for the master of the Court of Faculties of his Grace the Lord Archbishop of Canterbury in Lon

don, from time to time, upon being satisfied as well of the fitness of the person as of the expediency of the appointment, to appoint, admit, and cause to be sworn and enrolled in the said Court of Faculties any person or persons residing at any place distant more than ten miles from the Royal Exchange, in the said city of London, who shall have been previously admitted, sworn, and enrolled an attorney or solicitor in any of the courts at Westminster, or who shall be a proctor practising in any ecclesiastical court, to be a notary-public or notaries-public, to practise within any district in which it shall have been made to appear to the said master of the Court of Faculties that there is not (or shall not hereafter be) a sufficient number of such notaries-public admitted, or to be admitted, under the provisions of the said recited act, for the due convenience and accommodation of such district, as the said master of the Court of Faculties shall think fit, and not elsewhere; any law or usage to the contrary notwithstanding."

taries ap

And it is provided and further enacted by section Not to 3, "That nothing herein contained shall extend to authorize noauthorize any notary who shall be admitted by virtue pointed of this act to practise as a notary, or to perform or thereby to act certify any notarial act whatsoever, within the said in London, city of London, the liberties of Westminster, the ten miles borough of Southwark, or within the circuit of ten thereof. miles from the Royal Exchange in the said city of London."

or within

this act, prac

off the roll of

And it is provided and further enacted by section Notary ad4, "That if any notary, admitted by virtue of this mitted under act, shall practise as a notary, or perform or certify tising out of any notarial act whatsoever, out of the district spe- his district, cified and limited in and by the Faculty to be granted to be struck to him by virtue of this act, or within the city of Faculties. London, the liberties of Westminster, the borough of Southwark, or the circuit of ten miles from the Royal Exchange in London aforesaid, then and in every such case it shall be lawful for the said Court

of Faculties, on complaint made in a summary way, and duly verified on oath, to cause every such notary so offending to be struck off the Roll of Faculties; and every person so struck off shall thenceforth for ever after be wholly disabled from practising as a notary, or performing or certifying any notarial act whatsoever."

CHAPTER XXVII.

NOTICES.

co-partner

NOTICE is hereby given, that the partnership lately Notice of dissubsisting between us, A. B. and C. D., of, &c., here- solution of tofore carrying on trade under the firm of, &c., was, ship.* on the day of, &c., dissolved by mutual consent, [and that all debts owing to the said partnership are to be received by the said C. D.; and all persons to whom the said partnership stands indebted are requested immediately to send in their respective accounts to the said C. D., in order that the same may be examined and paid.] Dated, &c.

Under and by virtue of the power in this behalf From one contained in the deed or articles establishing the partner to partnership subsisting between you and me, bear- intention to ing date on or about the

day of

another of

dissolve part

18 I hereby give you notice, that it is my inten- nership.

*The above notice should be inserted in the London Gazette, for which purpose an affidavit of the signatures will be required to warrant the insertion. The form may be thus:"E. F., of, &c., maketh oath, and saith, that he was present and did see A. B. and C. D. severally sign the notice of dissolution hereunto annexed; and that the names A. B. and C. D., set and subscribed at the foot of the said notice, are of the proper hands-writing of the said A. B. and C. D." (To be sworn before a Master in Chancery.)

From part

ners after

dissolution,

tion to dissolve the said partnership on the
next. As witness my hand this

of

To Mr

(Partner.)

day

We hereby give you notice, that the partnership lately subsisting between us, under the firm of C. B.

to a debtor to and C., was dissolved on the

pay debt to

agent.

of a legacy.

day of last, and we request you to pay the debt owing by you to us to Mr who is duly authorized to receive the same, and whose receipt shall be your sufficient discharge. As witness, &c.

To executors I [we] give you notice, that by an indenture of of assignment assignment, bearing date, &c., made, &c., the legacy of L.500, [or my share and interest in the residuary personal estate of A. B.] bequeathed to me, [or the said C. D.,] by the will of A. B., deceased, has been absolutely assigned by [me] the said C. D. to [me] the said E. F., in consideration of the sum of L. by, &c., to, &c., paid. [And I, the said C. D, authorize you to pay the same to the said E. F., when the same shall become payable.] As witness,

Purchaser to

vendor, that

his money is

interest.

&c.

I hereby give you notice, that the sum of L. the unpaid portion of the purchase-money payable producing no by me to you under the contract between us, bearing date, &c., is now in the hands of my bankers, Messrs , having been appropriated to a special account to my credit, and is producing no interest or advantage whatsoever; [and, therefore, I shall hold myself discharged from any obligation henceforth to pay interest for the same.] As witness, &c.

To a mort

purchaser of an equity of

To C. D., of, &c., I do hereby give you notice, gagee by the that by certain indentures, bearing date, &c., and made, &c., for the consideration therein mentioned, redemption. the equity of redemption of, and in certain premises situate at and comprised in an indenture dated the, &c., and made between, &c., purporting to

i This notice is usually given by the assignee alone, but it is more satisfactory to the executors that the assignor should give it. The concurrence of both is the preferable course.