An e-mail to a Notary Public

[Zaniwhoop]

Here's a copy of an e-mail I sent to the Notary we used to witness/notarise our NOUICORs, who was fine to do that, but when it came to asking him to witness the whole process including the service of the documents he insists it would need to be a solicitor that is needed.

Dear Mr Mxxxxx,

I am writing with regard to our telephone conversation yesterday 30th March 2009. I just wanted to point you to a section on The Notaries Society webpage http://www.thenotariessociety.org.uk/common_tasks.asp regarding common tasks of a Notary Public.

In particular this section:-

What else can Notaries do?
Most notaries act in that capacity to provide the sort of services already described, but they can also provide authentication and a secure record for almost any sort of transaction, document or event.

Also as a member of the oldest legal profession in England and Wales. a notary can do any form of legal work for you except for taking cases to court.

A quote from http://www.notaries.org.uk/page32/page108/page108.html

All notarial acts and instruments may be received in evidence without further proof as being duly authenticated in accordance with the requirements of law unless the contrary is proved

I am having a bit of difficulty finding the actual original wording of The Public Notaries Act 1801 to find the specific details, but it would appear from the descriptions above that it should be within your capacity as a Notary Public to be able to witness the process Myself and my Wife are undertaking, including verification that we have suitably served our Notices of Understanding and Intent and Claim of Right, and that the parties to whom these Notices have been sent have been given sufficient time in which to raise any objections in order to avoid any future conflict.

I hope you can confirm that this is the case.

Sincerely and without ill will, vexation or frivolity


Simon: of the Elder family
WITHOUT PREJUDICE, i.e. all Natural Inalienable Rights Reserved
Please address all future correspondence in the matter to a direct Human Self, namely Simon: of the Elder family, as commonly called.

I guess we just have to await a response and if none, then find the relevant section of the Public Notaries Act and put him on notice.

Does anyone know of an equivalent to section 18 of the Canadian Public Notaries Act?

Love and Light

Si

[samsmith]

Hi Si,

Have you had any further contact from them yet ?

sam

[Zaniwhoop]

Not a sausage so far, I don't expect I will now, until during the week.

[bruce]

hi Si , go try more notarys one will be up for it just book a apointment and turn up, "you need him to witness your autograph thats it" their not his papers their yours and private thats why you want him!!!!. you can use 2 good men also if no notary is to be found that in there acts can't remember which one but it has been used and a judgement went througth on it a short time ago!!

[Zaniwhoop]

Thanks Bruce, we've had no trouble getting the Notary to sign and seal the NOUICORs, what I am having trouble with is getting him to validate/witness/authenticate the whole process, including the correct service of the Notices, the fact that sufficient time has been allowed for objections and all that sort of thing, which I see as a necessary part of establishing permanent estoppal that has validity in court.

He is trying to say that the other parts are not the domain of a Notary Public, and that for those things I would need a solicitor, which I'm pretty sure is not the case.

you can use 2 good men also if no notary is to be found that in there acts can't remember which one but it has been used and a judgement went througth on it a short time ago!!

2 might be OK, Rob Mennard says 3, if I remember correctly. Maybe we'll have to go down that route, but I'd prefer to get the Notary to do what it looks like he should be able to do.

[Pleasuredome]

2 might be OK, Rob Mennard says 3, if I remember correctly. Maybe we'll have to go down that route, but I'd prefer to get the Notary to do what it looks like he should be able to do.

3 is better than 2, however anything can be done out of necessity. we'll get our own notaries soon.

[Zaniwhoop]

Well, I've finally received a response from Mr Morgan, not a very satisfactory one:-

Dear Simon

I have looked at your e-mail and believe the only way in which I can help is to
notarise an affidavit sworn by you setting out the actions you have taken.

Such an affidavit could be sworn equally effectively by a solicitor at less expense

Regards

Ken Morgan

and here is my response to him:-

Dear Mr Morgan,

Whilst I very much thank you for your laudable suggestion regarding monetary outlay, I fail to see why you consider the affidavit as being the only way in which you can help me/us as a Notary Public, when, as I pointed out in my e-mail, "a notary can do any form of legal work for you except for taking cases to court." and "All notarial acts and instruments may be received in evidence without further proof as being duly authenticated in accordance with the requirements of law unless the contrary is proved"

It is under such a capacity as a member of the oldest legal profession in England and Wales that I/we would like you to act, in order that the Notices of Understanding and Intent and claim of Right(NOUICORs)are lawful instruments as per the quote above.

We have had a response so far from the Police, basically a visit by PC number 461 Nigel Jones, asking me to explain the NOUICOR and why I sent it to the Police. I explained that it is really fairly self explanatory and that the purpose is to establish understandings and rights by permanent estoppal, and any objections to the content should be made in writing etc. They have gone over their 14 days anyway. I did give him the http://www.fmotl.com web address, in case he wanted more of an explanation as to what it is all about, but whether he will look into it, I don't know.

He stated that it won't make any difference to how they will act if there are any offences committed under statutes, and it will be down to the courts to make any decisions on such things and off he went.

I am wondering if we should re-do these notices in plainer English (as there seems to be some difficulty on the part of some in understanding the language used in them, although it is the same language used in most Acts of Parliament)and giving a longer period of time for the recipients to respond, maybe 28 days instead of 14.

Would you consider that to be more reasonable and in line with other legal notices?

And of course, most importantly, are you willing to fulfil your duty as a Notary Public to notarise and witness that the correct procedures have been followed in filing these notices under the law of agent and principal in as much as service upon one is service upon both/all. Thereby establishing permanent and irrevocable estoppel by acquiescence?

Sincerely and without ill will, vexation or frivolity

Simon: of the Elder family
WITHOUT PREJUDICE, i.e. all Natural Inalienable Rights Reserved

So it's wait and see again now.

[Veronica]

"a notary can do any form of legal work for you except for taking cases to court."

According to Rob: Menard's NOUICOR they can make 'lawfully binding judgments"

[Zaniwhoop]

"a notary can do any form of legal work for you except for taking cases to court."

According to Rob: Menard's NOUICOR they can make 'lawfully binding judgments"

I'm not sure, but I think that may only be in Canada, as I am informed that Notary Publics have different powers in different countries. However that could well be just an attempt to divert attention away from their true powers, I would very much welcome confirmation that they do have the ability to make lawfully binding judgements over here too of course.