Cap. 55 · Notarial Profession And Notarial Archives (Cap. 55)
Cap. 55 Art. 110Court of Revision of Notarial Acts.
TITLE I
(1) Supervision over all notaries, the Notarial Archives and the Public Registry shall be exercised by the Court of Revision of Notarial Acts.
(2) The court shall be presided by a retired Judge or a retired
Magistrate or a retired advocate who has practised his profession for over twelve years.
(3) In case of abstention or challenge, any Magistrate in office shall take cognizance of the case.
(4) The court shall be a court of law having the functions set out in this Act and such other functions as may be assigned to it under any other law.
(5) The Minister responsible for notarial affairs shall appoint the retired Judge or retired Magistrate or retired advocate mentioned in sub-article (2) for such period of time as is specified in his appointment which shall not exceed two years. An appointee shall be eligible for further periods of appointment.
(6) For the purposes of sub-article (5), "retired" with reference to the Judge, Magistrate or advocate who has accepted the appointment to preside the Court shall mean that such person is deemed to have renounced to the practice of his profession as an advocate.
(7) Upon the termination of his appointment in terms of sub-article (5) or his resignation from office, the retired Judge, retired Magistrate or retired advocate shall, notwithstanding any law to the contrary and without the need for any further formality, no longer be deemed to have renounced to the practice of his profession as an advocate.
(8) An appointee shall as soon as possible after his appointment and before starting to exercise his functions take the following oath before the Attorney General: "I ................. having been appointed to preside the Court of Revision of Notarial Acts hereby swear to examine and decide with impartiality, fairness and according to law the matters brought before me. So help me God.": Provided that an appointee who, immediately following a period in such a capacity, is re-appointed for a further period or periods to preside the Court, shall not take the oath of office again.
(9) An appointee shall receive such remuneration as shall be stated in his appointment. Such remuneration may not be altered to the disadvantage of the appointee during his period of office.
(10) (a) If the appointment mentioned in sub-article (5) is not made within two months of the date it should have been made, or if the office is for any reason vacant for over two months, the most senior Magistrate shall, without the need of any formality and notwithstanding any law to the contrary, ex officio preside the Court of Revision of Notarial Acts for as long as the appointment is not made or the office remains vacant and, in case such Magistrate is unable for any reason to preside such Court, the immediately next most senior Magistrate shall preside, and so on. ex officio
(b) In this sub-article the phrase “most senior Magistrate” means a serving Magistrate who has been in office for the longest time, independently of the provisions of article 7(2) of the Code of Organization and Civil Procedure.
(c) For as long as the Magistrate mentioned in paragraph
(a) presides such Court, any reference in this Act and in any law to the retired Judge or retired Magistrate or retired advocate of the Court of Revision of Notarial Acts or a similar reference shall be a reference to the Magistrate mentioned in the said paragraph who presides such Court.
Änderungsgeschichte
- Amended by IX.2000.3