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General News of Thursday, 20 May 1999

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Thirty-six lawyers appointed Notaries Public

Accra (Greater Accra) 19 May ?99

Thirty-six lawyers, including three ladies, who have been enrolled as Notaries Public, on Wednesday took the oath of administration and were reminded that they should be honest in their work.

The Chief Justice, Mr Justice Isaac Kobina Abban who administered the oath, said their appointment was based on the fact that he considered them to be fit and able to discharge duties assigned to that office by law or by the practice of commerce.

He said they were required to perform their work with "trust and fidelity, dignity and be well instructed in business and commerce, adroit in framing acts and taking the examination of witnesses".

"Functions of a Notary are numerous and entail greater responsibilities and skill, such as authentication of documents which may be used abroad, proficiency in the principles and practice of international law, preparation of documents on contracts, leases, powers of attorney, articles of partnership, wills and other legal instruments," he said.

The Notaries Public Act 1960 (Act 26) which was passed by Parliament in December, 1960, empowers the Chief Justice to appoint and confer the title of Notary Public on a lawyer of high moral character and proven integrity and of not less than 10 years standing in practice.

Mr Justice Abban told the Notaries that in order to perform such responsibilities creditably, they must reasonably "exercise the skill, care and diligence that is usually employed by persons of ordinary capacity engaged in their profession and in their own business affairs".

The Chief Justice said the law protects them from refusing to act where the circumstances appear to them suspicious and not warranting the "notarial act."

He asked them to carry out their clients' instructions, explain their rights, obligations and liabilities and see that every precaution is taken to protect their interests.

A Notarian found guilty of misdemeanor faces suspension from practising for a period of time or an order by the Supreme Court to expunge his name from the Roll of Notaries.

Nii Amassah Kotey on behalf of his colleagues thanked the Chief Justice for the honour done them and gave the assurance that they would perform their duties to justify the trust reposed in them.