Rogers Hill Notary Public
A Notary is a member of the oldest branch of practiced law in England and Wales. Barry Rogers and Martin Hill, Rogers Hill, have provided Notary Public services throughout Northamptonshire for many years. Conveniently located with offices in Northampton, Kettering and Corby serving the whole of Northamptonshire and surrounding County towns of Market Harborough, Oakham, Uppingham, Stamford and Peterborough.
Barry and Martin are also both Partners and Solicitors in the Private Client team at Tollers Solicitors. Tollers provide a broad range of legal services to businesses and to individuals. For further details click here.
As Solicitors Barry and Martin provide advice on topics such as Wills, Trusts, Lasting Powers of Attorney and the Court of Protection, Inheritance Tax and Estate Planning. They are both members of the Notaries Society, the Society of Trust & Estate Practitioners (STEP), of the Law Society Private Client Section and Solicitors for the Elderly. Barry is a member of the Personal Finance Society and Martin is a Panel Deputy for the Court of Protection.
WHAT DOES A NOTARY DO?
Generally speaking, a Notary Public in England can be described as an officer of the law appointed by the Court of Faculties whose public office and duty is to draw, attest or certify under his/her official seal, for use internationally, deeds and other documents, including Wills and testamentary documents, Conveyances of real and personal property and Powers of Attorney.
In summary the function of a Notary Public is to:-
- Authenticate such documents under his/her signature and official seal in such a manner as to render them acceptable as proof of the matters attested by him, to the judicial or other public authorities in the Country where they are to be used, whether by means of issuing a Notarial Certificate as to the due execution of such documents or by drawing them in the form of public instruments.
- Keep a protocol (a record) containing copies of all instruments which he makes in the public form and to issue authentic copies of such documents.
- Administer Oaths and Declarations for use in proceedings in England and elsewhere.
- To note and certify transactions relating to negotiable instruments.
- Draw up protests or formal papers relating to occurrences on the voyages of ships and their navigation as well as the carriage of cargo in ships.
HISTORY OF THE NOTARIAL PROFESSION
The early history of the profession can be dated back to Roman times. Early Roman officials generally known as scribae were public officials, originally copiers and transcribers. Their primary function was to record public proceedings and register decrees. They also prepared Deeds, Wills and Conveyances as a record of private transactions. The later invention of shorthand lead to the description of the writers who used it as Notaries which is the origin of the modern title. The function of the original Roman Notary of recording transactions and events remains essentially the same today for the modern Notary. This is in contrast to other Lawyers who act for and protect the interests of their individual clients. The function of preserving documents and recording them are still fundamental to a present day Notary Public. The appointment of a Notary passed from Roman authority to that of the Franks and then to that of the Pope’s as power was re-distributed following the fall of the Roman Empire. Following the Reformation by Henry VIII, the authority to appoint Notaries passed from the King to the Archbishop of Canterbury. The personal authority of the modern Notary Public in England and Wales comes from the Court of Faculties which was created in 1534 to execute the powers granted to the Archbishop of Canterbury. The personal authority of the modern day Notary Public in England and Wales comes from the Court of Faculties in the form of a Faculty which includes the following wording that the Notary will “faithfully make contracts or instruments for or between any party or parties requiring the same” and that he will “not add or diminish anything without the knowledge and consent of such party or parties that may alter the substance of the fact” and “will not make or attest any act, contract or instrument in which he shall know there is violence or fraud”. As can be seen from this brief history and the historic intervention of the Crown, a Notary Public can rightly claim to be appointed and authorised by Royal authority and so to be a public officer.