              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   1
CHAPTER 55
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT
 To repeal and re-enact with amendments the law relating to Notaries and Notarial
Archives.
12th May, 1927
ACT XI of 1927, as amended by Government Notices: No. 204 of 1927 and No. 90 of 1928;
Acts: XVII of 1929, XIII and XXXVII of 1933; Ordinances: XXIV of 1935 and XXIV of 1936;
Government Notice No.352 of 1936; Ordinances: XI of 1937, XXVIII of 1938 and V of 1939;
Government Notices: Nos. 140 and 434 of 1940; Ordinances: XI of 1940, X of 1941 and XXXI
of 1946; Government Notice No. 313 of 1949; Act XXVI of 1949; Government Notice No. 205
of 1954; Act XII of 1955; Emergency Ordinance VIII of 1958; Ordinances: XVII of 1960, XII
and XXV of 1962; Legal Notice 4 of 1963; Act XXIX of 1963; Legal Notice 46 of 1965; Acts:
XL of 1965 and XXXI of 1966; Legal Notice 56 of 1970; Acts: XXX and XLVI of 1973, and
LVIII of 1974; Legal Notice 148 of 1975; Acts: XI of 1977, II of 1978 and XXXIV of 1979;
Legal Notice 77 of 1980; Acts: II and XIII of 1983 and XIV of 1985; Legal Notice 70 of 1987;
Act XIX of 1988; Legal Notice 74 of 1988; Act VIII of 1990; Legal Notice 227 of 1997; Act IX
of 2000; Legal Notice 186 of 2000; Act VI of 2001; and Legal Notices 173 of 2001 and 429 of
2003. Incorporating also Ordinance VIII of 1859.
  2        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
ARRANGEMENT OF ACT
                                                               Articles 
Title                                                                1
PART I.  General Provisions  2-4
PART II.  Of Notaries   5-24
Title I.  Of the Appointment of Notaries 5-9 
Title II.  Of the Exercise of Notarial Functions  10-13 
Title III.  Of the Cessation, Incapacitation and Suspension from the
Exercise of Notarial Functions 14-16
Title IV.  Of Keepers of Notarial Acts, Notaries delegate and Notaries
to Government  17-24 
PART III.  Of Notarial Acts  25-84 
Title I.  Of the Formalities of Notarial Acts  25-54 
Title II.  Of the Custody of Acts and of the Notarial Registers  55-73 
Title III.  Of Copies and Extracts  74-78 
Title IV. Of Acts which are delivered in original to the Parties, of the
Authentication and Legalization of Signatures or Cross-
marks 79-80 
Title V.  Of Fees, Charges and other Expenses due to Notaries  81-84 
PART IV.  Of the Notarial College and of the Notarial Council  85-94 
PART V.  Of Notarial Archives  95-109 
PART VI.  Of the Supervision over Notaries, the Archives and the
Public Registry, of the Court of Revision of Notarial
Acts, and of Disciplinary Punishments  110-145 
Title I.  Of the Supervision over Notaries, the Archives and the
Public Registry, and of the Court of Revision of Notarial
Acts
110-127 
Title II.  Of Disciplinary Punishments  128-145
 PART VII.  Supplementary and Transitory Provisions  146-152
SCHEDULE
Tariff relating to the Notarial Profession and Notarial Archives
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   3
Short title.
Notarial Archives Act.
PART I 
G ENERAL  P ROVISIONS
Definition of office 
of notary.
2. (1) Notaries are public officers. They are charged to
receive acts  inter vivos  and wills, and to attribute public faith
thereto; they shall be responsible for their custody and shall give
out copies and extracts of or from such acts or wills.
Powers and 
functions of 
notary.
(2) Notaries shall also have power -
( a ) to sign applications or other acts relating to matters
cognizable by a court of voluntary jurisdiction;
( b ) to receive on oath "acts of notoriety" in civil and
commercial matters, and dying declarations;
( c ) to administer oaths to experts or referees or translators
or other persons in connection with any extra-judicial
report or reference or translation of any act or
document or with any declaration relating to capitals,
stocks and shares and relative coupons, when the
parties desire to have such report, reference,
translation or declaration verified on oath;
( d ) to authenticate signatures in private writings, or the
mark of any person who is unable or does not know
how to sign, affixed to any such writing by way of
approval of the contents thereof in the presence of two
qualified witnesses, after such contents have been
explained to the parties by the notary;
( e ) to give out on the demand of any person certificates in
proof of the life or existence of such person;
( f ) to draw up protests for non-acceptance or non-
payment of bills of exchange or promissory notes, for
money or goods;
( g ) to give out certificates attesting the accuracy of copies
of or extracts from books or documents produced by
the parties, as compared with the originals of such
books or documents;
( h ) to give out certificates attesting the faithful translation
of acts or documents from one language into another
provided both languages are known by the notary; and
( i ) generally, to exercise such other powers as are
assigned to them by law.
  4        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
Profession of 
notary inconsistent 
with profession of 
advocate, etc. 
Amended by: 
XXXVII.1933.1; 
XI.1937.2; 
X.1941.2; 
XII. 1962.2; 
L.N. 46 of 1965; 
XXX. 1973.2; 
LVIII.1974.68;
IX.2000.3.
3. (1) No person holding the warrant of advocate or legal
procurator or being a bank manager, trader, certified broker or
exchange agent may practise as a notary:
Provided that the President of Malta may authorize any
such person to practise as a notary, on his surrendering the said
warrant or certificate or on his ceasing to be a bank manager,
trader, certified broker or exchange agent, as the case may be.
(2) Saving the provisions of articles 14 and 22 in so far as they
relate to the offices of Chief Notary to Government, Notary to
Government, Notary Public in the Land Department and Notary
Public with the Joint Office, no person holding an office of profit
under the Government except the office of Director or Assistant
Director of the Public Registry or Director or Assistant Director of
the Land Registry, may be appointed to be a Notary:
Provided that the Director or the Assistant Director of the
Public Registry and the Director or Assistant Director of the Land
Registry may not practise as a notary except in the capacity of
Chief Notary to Government or Notary to Government 
Publication in 
Government 
Gazette of an 
annual list of 
practising notaries, 
keepers of acts and 
depositaries. 
Amended by: 
XXXI. 1946.2; 
XXXIV. I979.2.
4. Within the first fortnight of the month of January of every
year, there shall be published by means of a notice in the
Government Gazette a certified list containing -
( a ) the names of the notaries practising their profession in
Malta and Gozo;
( b ) the names of the notaries who are the keepers of the
deeds of deceased notaries or of notaries who have
ceased to practise their profession, together with the
names of the notaries whose deeds are so kept;
( c ) the names of the Visitors appointed under article 110
who are in office on the date of the notice.
PART II 
O F  N OTARIES 
TITLE I
O F THE  A PPOINTMENT OF  N OTARIES
Appointment of 
notaries. 
Amended by: 
XXV.1962.3; 
L.N. 4 of 1963; 
L.N. 46 of 1965; 
XXXI.1966.2; 
LVIII.1974.68; 
L.N. 148 of 1975;
IX.2000.3.
5. (1) Notaries are appointed for life by the President of
Malta by a notice published in the Government Gazette, and may
exercise their functions in any part of Malta.
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   5
Number. 
See s.4 of Ord. XIX 
of 1936 as 
amended by s.12 of 
Ord. XL. of 1940 
omitted under the 
S.L.R.Ord. & Act 
of 1936 & 1980 
respectively .
(2) The Minister responsible for notarial affairs may, from time
to time, by a notice in the Government Gazette, regulate the
number of notaries. Such notice shall not be published unless it has
been approved by resolution of the House of Representatives, and it
shall not affect such persons as at the time of such notice shall have
already commenced in the University of Malta the course of studies
prescribed for the notarial profession.
Qualifications for 
appointment. 
Amended by: 
XXX. 1973.3; 
L.N. 148 of 1975; 
II. 1978.2; 
XIV. 1985.2.
6. No person shall be appointed as a notary, unless -
( a ) he is a citizen of Malta;
( b ) he is of good conduct and good character;
( c ) he has followed as required by the statute and
regulations of the University of Malta the course
prescribed for obtaining the diploma of notary and has
passed the prescribed examinations;
( d ) he has regularly attended at the office of a practising
notary for a period of not less than one year after the
end of the last academic year of the course;
( e ) he has passed a qualifying examination held after he
has satisfied the requirements of paragraph ( d ).
Board of 
examiners. 
Amended by: 
L.N. 4 of 1963; 
XXXI.1966.2; 
XXX.1973.4; 
L.N. 148 of 1975; 
XXXIV. 1979.3;
IX.2000.3.
7. (1) On an application being made for the holding of any
such qualifying examination, the Minister responsible for notarial
affairs shall appoint a Board of Examiners composed of the
President of the Court of Appeal or one of the judges, one of the
Visitors of Notarial Acts, the Director of the Public Registry or the
Chief Notary to Government or the Keeper of the Archives or the
Director of the Land Registry, and two practising notaries.
(2) The notary at whose office the candidate satisfied the
requirements of article 6( d ) and any person related to any of the
candidates by consanguinity or affinity in the direct line in any
degree or in the collateral line up to the third degree inclusively
cannot sit on the Board of Examiners.
Subjects of 
examination. 
Amended by: 
XXXI. 1946.2A.
8. (1) The examination shall be written and oral.
(2) The written examination shall consist in the drafting of one
or more deeds  inter vivos , a will and an act relating to matters of
voluntary jurisdiction, on subjects assigned by the Board, as well as
in the drafting of the notes and registrations relating to such deeds
and in the application of the law relating to duty on documents.
(3) The candidate shall have free access to the text of the
various laws on the subject.
(4) The oral examination shall be on the following subjects,
namely:
( a ) civil and commercial laws, especially the laws relating
to contracts and wills and acts relating to matters of
voluntary jurisdiction, and the essential forms thereof;
( b ) the laws relating to the notarial profession, the Public
Registry and the Notarial Archives;
  6        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
( c ) the laws relating to duties on transactions.
(5) A majority of the votes of the examiners is necessary for the
approval of the candidate.
(6) In case of failure, the candidate shall not be admitted to a
fresh examination until after six months of such failure.
Names of 
successful 
candidates 
submitted for 
appointment. 
Amended by: 
L.N. 46 of 1965; 
LVIII.1974.68.
9. In case of approval, the Board of Examiners shall submit
the name of the successful candidate to the President of Malta for
appointment as notary public.
TITLE II
O F THE  E XERCISE OF  N OTARIAL  F UNCTIONS
Oaths of allegiance 
and office. 
Amended by: 
XI. 1937.3,4,12; 
L.N. 46 of 1965; 
LVIII. 1974.68; 
XXXIV.   1979.4 . 
Cap. 12.
10. The notary, before entering upon the exercise of his
functions, shall - 
( a ) take before the Court of Appeal the oath of allegiance
in terms of article 10 of the Code of Organization and
Civil Procedure and the oath of office in the terms
following:
         " I,.............., promise and swear that I will faithfully
and with all honesty and exactness exercise the office
of notary according to the best of my skill and ability.
So help me God. "
( b ) write in a book kept for the purpose in the office of the
Attorney General his specimen signature as he is
thereafter to use it in signing deeds;
( c ) cause to be registered in the office of the Attorney
General the act of his appointment, as well as the date
on which he took the oaths referred to in paragraph
( a ).
Notary bound to 
give his services. 
Amended by:   
II. 1978.3.
11. (1) The notary is bound to give his services whenever he
is required to do so.
Exceptions. (2) The notary may, however, refuse his services if -
( a ) the parties fail to deposit with him the amount of the
duties, fees and expenses due in respect of the deed, or 
( b ) if his services are required on a public holiday or
between 9.00 p.m. of one day and 9.00 a.m. of the
following day.
(3) The provisions of sub-article (2) shall not apply in the case
of a will and the provision of paragraph   ( b ) of the same sub-article
shall not apply in the case of a sea protest or where the services of
the notary are urgently required and cannot admit of delay.
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   7
Acts which notary 
may not receive. 
Amended by: 
XXIX. 1963.2.
12. It shall not be lawful for any notary to receive any deed -
( a ) which is expressly prohibited by law or manifestly
contrary to good morals or to public policy;
( b ) if any of the parties thereto is the notary’s spouse or is
related to the notary by consanguinity or affinity in the
direct line in any degree or in the collateral line up to
the third degree inclusively;
( c ) if it contains any provision concerning the receiving
notary, the notary’s spouse or any person related to the
notary by consanguinity or affinity in the aforesaid
degrees, unless such provision is contained in a secret
will not written by the notary or by any of the persons
mentioned in this paragraph, and delivered to him
sealed by the testator;
Cap. 12.
( d ) if any of the parties thereto is by the competent
authority restrained from entering into contracts or
disposing of his property, provided such deed is
affected by the terms of the inhibition, notified to the
notary in accordance with article 527 of the Code of
Organization and Civil Procedure.
Notary insulted or 
obstructed in the 
performance of his 
duties may request 
the assistance of 
the Police. 
Amended by: 
XI. 1937.I2; 
L.N. 46 of 1965; 
LVIII.1974.68.
13. (1) Any notary who in the exercise of his functions is
insulted or obstructed, shall draw up a  procès-verbal  of the
occurrence calling on at least two of the persons present to sign it,
and shall transmit the same without delay to the Attorney General:
Provided that in urgent cases the notary may apply directly
and on his own responsibility for Police protection.
(2) The notary may likewise request the assistance of the Police
whenever he is called upon to give his services at night time or
whenever, having regard to the places in which or the persons to
whom he is required to give his services, he deems it prudent to
have such assistance.
TITLE III
O F THE  C ESSATION,  I NCAPACITATION AND  S USPENSION FROM 
THE  E XERCISE OF  N OTARIAL  F UNCTIONS
When a notary 
ceases to exercise 
his functions. 
Amended by: 
XXXVII.1933.2; 
X.194I.3; 
XII.1962.3; 
L.N. 46 of 1965; 
XXX. 1973.5; 
LVIII.1974.68; 
II.1978.4; 
XIX. 1988.2;
IX.2000.3.
14. (1) A notary shall cease from exercising his functions -
( a ) if he accepts a Government employment, or exercises a
profession, or assumes any office incompatible with
the office of notary:
    Provided that a notary who accepts an appointment
to act as Chief Notary to Government or Notary to
Government or Notary Public in the Land Department
or Notary Public with the Housing Authority or Notary
Public with the Joint Office, under the provisions of
article 22(5) for a continuous period not exceeding
three months may continue to exercise his functions as
  8        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
Notary Public;
( b ) if he absents himself from Malta for a continuous
period of not less than ten years;
Cap. 9.
( c ) if he is interdicted under the provisions of the Criminal
Code;
( d ) if he resigns his office in writing to the President of
Malta;
( e ) if he is removed from his office in terms of articles
138 and 139;
( f ) if he is removed from his office by the President of
Malta following a sentence by any competent tribunal
for theft, fraud or any crime against public faith;
( g ) if he is incapacitated by the President of Malta with
the advice of the Board appointed as provided in
article 7, on account of illness, blindness, deafness or
other permanent cause which renders the notary unfit
for the performance of his duties:
   Provided that where the cause is not such as to
render the notary also incapable of keeping acts or of
giving out copies thereof, it shall be lawful to restrain
the notary only for receiving acts.
Rehabilitation. (2) Where the cause for which any notary has ceased from the
exercise of his functions is merely temporary, such notary may, on
the cessation of such cause, be rehabilitated by the President of
Malta with the advice of the Board referred to in article 7.
Chief Notary to 
Government, 
Notary to 
Government, etc., 
to exercise 
functions only in 
regard to deeds to 
which Government 
is a party.
(3) The notary who accepts the office of Chief Notary to
Government or of Notary to Government or of Notary Public in the
Land Department or of Notary Public with the Housing Authority
or Notary Public with the Joint Office shall not during the tenure of
such office, cease from the exercise of the functions of notary, but
only in so far as such functions relate to the execution and custody
of deeds to which the Government or any corporate body
established by law is a party, and the issue of copies or extracts of
or from such deeds.
Temporary 
suspension or 
incapacitation.
15. Any notary may be temporarily suspended or incapacitated
from the exercise of his functions, in any of the cases mentioned in
articles 132, 133 and 135.
Cessation or 
disqualification or 
suspension to be 
published in 
Government 
Gazette. 
Amended by: 
XI. 1937.5.
16. The cessation, incapacitation or suspension from the
exercise of notarial duties in any of the cases prescribed by law,
and the rehabilitation for the exercise of such duties shall be
published without delay in the Government Gazette by means of a
notice to that effect.
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   9
TITLE IV
O F  K EEPERS OF  N OTARIAL  A CTS,  N OTARIES  D ELEGATE AND 
N OTARIES TO  G OVERNMENT
Keepers of notarial 
acts.
17. Any notary to whom the Court of Revision of Notarial Acts
entrusts the custody of the deeds and registers of any deceased
notary or of any notary who has ceased to exercise his functions in
any of the cases laid down in this Act, for the purpose of taking due
care thereof, of allowing them to be inspected and read, and of
giving out copies and extracts of or from the same as provided in
this Act, is said to be a keeper of notarial acts.
Notarial acts of 
which the 
Archivist is the 
keeper  ex officio. 
Amended by: 
XII. 1962.4; 
L.N. 4 of 1963; 
XXXI. 1966.2; 
II. 1983.2: 
XIX.1988.3;
IX.2000.3.
18. The keeper of the Malta Archives and the keeper of the
Gozo Archives are respectively  ex officio  the keepers of the deeds
and registers of former notaries to Government in Malta and Gozo
and of the notarial acts and registers belonging to the Government
under any title whatsoever, as well as of all other acts in respect of
which there is no keeper and which are deposited in the said
Archives of Malta and Gozo:
Provided that - 
( a ) the  ex officio  keeper of the deeds and registers of
former notaries in the Land Department shall be the
Notary Public in the Land Department or one of the
Notaries Public in the Land Department designated by
the Minister responsible for notarial affairs, and where
the office of Notary Public in the Land Department is
vacant, the keeper of the Malta Archives shall  ex
officio  be the keeper of the deeds and registers of
former notaries in the Land Department; and
( b ) the  ex officio  keeper of the deeds and registers of
former notaries with the Housing Authority shall be
the Notary Public with the Housing Authority, and
where the office of Notary Public with the Housing
Authority is vacant, the keeper of the Malta Archives
shall  ex officio  be the keeper of the deeds and registers
of former notaries with the Housing Authority; and 
( c ) the  ex officio  keeper of the deeds and registers of
former Notaries with the Joint Office shall be the
Notary Public with the Joint Office and where the
office of Notary Public with the Joint Office is vacant,
the Keeper of the Malta Archives shall  ex officio  be the
keeper of the deeds and registers of former Notaries
with the Joint Office.
Keepers of acts, 
appointed by Court 
of Revision. 
Amended by: 
XXXIV.1979.5.
19. As regards all other notarial acts and registers which are
owned by private parties, the Court of Revision shall on the
application of lawful owners or of the Attorney General  ex officio
appoint as keepers thereof such notary as is named by such owners
or by the Attorney General and who has declared his willingness to
accept such appointment.
Notaries delegate.
appoints for the temporary custody of the deeds and registers of a
  10        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
notary during his absence from Malta, or of a notary who is unable
to exercise his functions on account of illness, temporary
suspension, incapacitation or interdiction or of any other temporary
impediment, and for giving out copies and extracts of or from such
deeds, or merely for giving out copies or extracts of or from the
deeds and registers of any notary in cases where the notary has,
without just cause, refused to give out such copies or extracts.
(2) The court may, if it deems it expedient in case of
suspension, incapacitation or temporary interdiction of a notary,
leave to him the custody of the deeds and registers, and appoint a
delegate for giving out copies thereof or extracts therefrom.
Keeper or delegate 
to sign as such.
21. Any keeper of notarial acts or notary delegate shall, on
giving out any copy or extract, state his capacity as such by adding
to his signature the qualification of keeper or delegate, as the case
may be.
Appointment and 
duties of Notaries 
to Government, 
Assistant Notaries 
to Government and 
Notaries Public in 
the Land 
Department. 
Amended by: 
XXXVII.1933.3; 
XI.1937.12; 
X.1941.4; 
XXXI.1946.3; 
XXVI.1949.2. 
Substituted by: 
XII.1962.5. 
Amended by: 
L.N. 4 of 1963; 
XXXI.1966.2; 
XXX. 1973.6; 
LVIII.1974.68; 
II.1978.5; 
XIX.1988.4;
IX.2000.3.
22. (1) There shall be a Chief Notary to Government and one
or two Notaries to Government for the Island of Malta and a Notary
to Government for the Islands of Gozo and Comino and there shall
also be one or two Notaries Public in the Land Department, one
Notary Public with the Housing Authority and one Notary Public
with the Joint Office.
(2) The Chief Notary to Government, Notaries to Government,
Notaries Public in the Land Department, the Notary Public with the
Housing Authority and the Notary Public with the Joint Office shall
be appointed from among notaries appointed by the President of
Malta in accordance with the provisions of Title I of Part II of this
Act.
(3) The functions of Chief Notary to Government, Notary to
Government for the Islands of Gozo and Comino, Notary Public in
the Land Department, the Notary Public with the Housing
Authority and the Notary Public with the Joint Office shall consist
in receiving those deeds only to which the Government or any
corporate body established by law is a party, in having the custody
of the deeds respectively received by them and in serving out
copies and extracts of or from such deeds during their tenure of
office.
(4) A Notary to Government for the Island of Malta shall
exercise such duties, powers and functions as may be delegated or
assigned to him by the Chief Notary to Government.
(5) In the case of absence or other lawful impediment of the
Chief Notary to Government or of the Notary to Government for
the Islands of Gozo and Comino, the Prime Minister may delegate
the Notary to Government for the Islands of Gozo and Comino or
the Chief Notary to Government, as the case may be, or one of the
Notaries to Government for the Island of Malta, or appoint another
notary, to discharge the duties of the Chief Notary to Government
or of the Notary to Government for the Islands of Gozo and
Comino, as the case may require; and in the case of absence or
other lawful impediment of a Notary Public in the Land
Department or a Notary Public with the Housing Authority or a
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   11
Notary Public with the Joint Office, the Prime Minister may
delegate one of the Notaries to Government, or appoint another
notary, to discharge the duties of the Notary Public in the Land
Department or of the Notary Public with the Housing Authority or
of the Notary Public with the Joint Office, as the case may require.
(6) The office of Chief Notary to Government or of Notary to
Government is not incompatible with the office of Archivist and
Director or Assistant Director of the Public Registry or Director or
Assistant Director of the Land Registry.
Salary of Chief 
Notary to 
Government, etc. 
Amended by: 
XXVI. 1949.3; 
X11.1962.6; 
XXX.1973.7; 
II.1978.6; 
XIX. 1988.5;
IX.2000.3.
23. (1) The Chief Notary to Government, the Notaries to
Government, the Notaries Public in the Land Department and the
Notary Public with the Joint Office, shall receive from the
Government a fixed salary.
Fees payable to 
Government.
(2) The Chief Notary to Government, the Notary to
Government for the Islands of Gozo and Comino, the Notaries
Public in the Land Department and the Notary Public with the Joint
Office shall collect on behalf of the Government the fees due in
terms of article 81.
(3) The Notary Public with the Housing Authority shall receive
from that Authority a fixed salary and shall collect on behalf of that
Authority the fees due in terms of article 81.
Paragraph  ( b )  of 
article 12 not to 
apply to Chief 
Notary to 
Government, etc. 
Amended by: 
X.1941.5; 
XXVI.1949.4; 
XII. 1962.7; 
XXX.1973.8; 
XIX.1988.6;
IX.2000.3.
24. The provisions of article 12( b ), shall not apply to the Chief
Notary to Government or a Notary to Government or a Notary
Public in the Land Department or a Notary Public with the Housing
Authority or a Notary Public with the Joint Office.
PART III
O F  N OTARIAL  A CTS 
TITLE I
O F THE  F ORMALITIES OF  N OTARIAL  A CTS
Receiving and 
drawing up of acts. 
Amended by: 
XXVIII.1938.2; 
XXXIV. 1979.6.
25. (1) The notary shall not receive any notarial acts except in
the presence of the parties.
(2) The presence of two witnesses shall not be required except
in the following cases:
( a ) whenever any of the parties so requests;
( b ) whenever any of the parties does not know how or is
  12        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
unable to sign his name;
( c ) in the case of public wills.
(3) It is the duty of the notary to direct the drawing up of the
act from beginning to end, even when he causes it to be written out
by a person whom he deems trustworthy.
(4) The notary alone is competent to ascertain the will of the
parties and to inquire, after reading over and explaining the act to
them, whether it is in accordance with their will.
Notary must be 
certain of identity 
of parties. 
Substituted by: 
XXXIV. 1979.7.
26. The notary must personally be certain of the identity of the
parties, or where such parties do not appear personally, of the
identity of their agent. Such identity shall be ascertained by the
production of the official identity card, passport or other similar
official document, or where such document cannot be produced on
testimony of two attestors personally known to the notary, who
may also be the witnesses appearing on the deed.
Qualifications of 
witnesses and 
attestors. 
Amended by: 
XXIX. 1963.3. 
Cap. 16.
27. (1) No person shall be competent as witness unless such
person has attained the age of eighteen years, was born or is
residing in Malta and has no interest in the act.
(2) Saving the provisions of article 670 of the Civil Code
relating to public wills, the following shall not be competent as
witnesses:
( a ) any person who is blind or deaf or dumb;
( b ) any person who is related to the notary or to any of the
parties, by consanguinity or affinity in any of the
degrees mentioned in article 12( b );
( c ) the spouse of the notary or of any of the parties;
( d ) any person who does not know how to or cannot sign. 
(3) The attestors must have the same qualifications as are
required for witnesses, but the relationship by consanguinity or
affinity referred to in sub-article (2), or their inability or incapacity
to sign, shall not disable them from acting as such.
Forms of acts. 
Amended by: 
XI.1937.6; 
XI.1940.2: 
XII.l955.2; XXXIV. 
1979.8.
28. (1) Every notarial act must contain - 
( a ) the indication written out in words and in full by the
notary himself, of the day, the month and the year, and
in the case of a will, also the hour in which the act is
signed;
( b ) the name and surname of the notary;
( c ) (i) the name and surname, the name of the father,
the place of residence and the profession or
calling of each of the parties, witnesses and
attestors, and, as regards the parties and the
attestors, also the place of birth and in the case
of an act giving rise to the registration of any
privilege or hypothec or requiring enrolment,
the name and maiden name of the mother of the
person or persons against or in respect of whom
such registration or enrolment is to be made:
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   13
Provided that where any of the parties to
the act is a woman, it shall also be stated
whether she is a spinster, a married woman or a
widow,
(ii) where the place of birth of any of the parties is
unknown to the notary or where any of the
parties is born of an unknown father, or where
the maiden name of the mother is unknown to
the notary or cannot with the exercise of
reasonable diligence be ascertained by him, a
statement of such fact in the act shall be
sufficient,
(iii) where the parties to an act or any of them shall
not appear personally, but shall be represented
by an agent, the said particulars must be stated
not only with regard to the parties themselves
but also with regard to their agents;
( d ) the number (which may be written in figures only) of
the official document produced for ascertaining the
identity of the parties or a declaration that the notary
has ascertained such identity by means of attestors;
( e ) the indication, written out, at least in the first instance,
in words and in full, of any date or amount or quantity
of things forming the subject-matter of the act;
( f ) (i) the precise description of the things forming the
subject-matter of the act in a manner that they
cannot be mistaken for others,
(ii) in the case of an act  inter vivos  relating to
immovable property, such property shall be
designated, if urban, by the mention of the city
or village and the street wherein it is situate and
the street number thereof, or, if it has no number
by the mention of at least three of its boundaries;
if rural, by the mention of the place within the
limits of which it is situate, its denomination, if
any, (and possibly the denomination, of the
district), its area, and at least three of its
boundaries as well as a detailed plan of the
property, together with an official survey sheet
showing the juxtaposition of the said property in
a manner as to establish its identity:
          Provided that where the same plan required to
be so annexed is already annexed to another
public deed, a reference thereto shall suffice;
(g) a mention of the titles and papers annexed to the act.   
Any annexe not mentioned in the act or not duly
signed, shall not be considered as forming part of the
act except in so far as the truth of its contents results
from the act itself:
Cap. 294. *
  14        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
of the Duty on Documents Act* the duty due in respect
of a notarial act is to be paid at the office of the
Commissioner of Inland Revenue within the time
prescribed by the said article 4, it shall be lawful to
annex to the deed after the completion thereof the
receipt for the duty duly paid, and the receipt thus
annexed shall be deemed to form part of the act
notwithstanding that it is signed by the notary alone
and not also by the parties and the witnesses to the
deed and by the attestors and interpreters thereto, if
any, and notwithstanding that it is not mentioned in the
act;
( h ) a statement that the notary has duly explained to the
parties the contents of the act before the publication
thereof;
( i ) a statement that the act has been published in the
presence of the witnesses, where the presence of
witnesses is required by law. Where the notary does
not know whether the witnesses are related by
consanguinity or affinity to any of the parties in any of
the prohibited degrees, it shall be lawful for him to
assure himself of such fact from the witnesses
themselves, and, in any such case, he shall state that
the witnesses are not related as aforesaid according to
their own statement;
( j ) an indication of the island, the city or village and the
house or other place wherein the act is published;
( k ) (i) the signature, at the foot of the act, in the
annexes and in the list, of the notary, the parties,
and, if attestor or an interpreter or witnesses
shall have been employed, of such attestors,
interpreter or witnesses, saving the provisions
contained in paragraph ( g ) of this sub-article,
(ii) the notary shall, immediately after his signature
at the foot of the act declare his capacity of
Notary Public of Malta in English or in Maltese,
either in writing or by means of a sealed stamp,
and Notaries Public in Government employment
shall also declare such capacity,
(iii) when the documents annexed to the act exceed
five in number, disregarding for this purpose any
receipt for duty on documents paid subsequently
to the completion of the act at the office of the
Commissioner of Inland Revenue, the notary
shall make a list thereof, separate from the act,
and annex it to the act, making an express
reference to such list in the act: in any such case
the list shall be signed in the same manner as the
act, and the signature on the annexed documents
*Repealed by Act XVII of 1993.  See  article 69 of the Duty on Documents and Transfers
Act (Cap. 364).
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   15
shall be dispensed with,
(iv) the signature on documents filed as vouchers of
annexed accounts to which such accounts make
reference, is likewise dispensed with,
(v) if any of the parties or any of the attestors does
not know how to or cannot sign, he shall declare
the cause of such inability or incapacity, and the
notary shall make a mention of such declaration
before the act is signed;
( l ) in the case of a public will contained in several sheets,
the signature of the testator, interpreter, witnesses and
notary in the margin of each intermediate sheet.
  "Intermediate sheet" means every sheet which forms
part of the act except that containing the final
signatures.
(2) The signature of the witnesses in the intermediate sheets
and annexes referred to in this article shall not be necessary if all
the parties are able to sign.
Use of  et caetera  
clauses prohibited. 
Ord. VIII of 1859 
with the exception 
of the second part 
of article 2, 
consolidated.  
Cap. 16.
29. (1) Notaries may not make use of abbreviated clauses
commonly called  et caetera  clauses, in any contract of sale,
exchange, emphyteusis or letting and hiring, or in any other
contract for constituting a pledge, or a privilege or a general or
special hypothec.
(2) Nor may any notary, in any contract whatsoever, make use
of any  et caetera  clause implying a derogation of any of the
provisions of Title IV of Part II of Book Second of the Civil Code.
(3) Where the parties, for the purpose of modifying the effects
of the laws relating to contracts in general or to the contracts of
sale, exchange, emphyteusis or letting and hiring, desire to make
stipulations which heretofore were deemed to have been made by
the use of an  et caetera  clause, the notary may express such
stipulations either by writing out such clause in full and without
abbreviations or by using other expressions signifying the will of
the parties.
(4) Any clause inserted in any contract in contravention of sub-
articles (1) and (2), shall be void and of no effect. 
Cap. 16.
apply to the clauses the use whereof is prohibited by this article.
How acts are to be 
written.
Amended by: 
XXXIV.1979.9.
  30. (1) The original of every notarial act shall be written,
typewritten or printed in dark, clear, easily legible and indelible
characters, without blanks or spaces unless such blanks or spaces
are lined, without abbreviations, corrections, alterations or
additions in the body of the act and without erasures.
Every original act shall have two margins, one on the right-
hand side and the other on the left-hand side. All annotations and
signatures as are required by law to be made in the margin shall be
made in whichever of the said sides is the outer side.
  16        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
How alterations in 
the act are to be 
made.
(2) Where it is necessary to remove, vary or add any words
before the act is signed by the parties, the attestors, interpreter and
witnesses, the notary shall make such removal, variation or
addition by means of a numbered mark in the place where such
removal, variation or addition is to be made and a note at the end of
the act, but before the final signatures, numbered so as to
correspond to the relative mark; and in any such case, the notary
shall cancel the words which it is desired to remove or vary, in such
manner as to leave the words cancelled still legible, and the note at
the end of the act shall state the number of words so cancelled or,
as the case may be, that other words are substituted for those
cancelled, and containing immediately after, the words so
substituted.
(3) In the case of a mere addition of words, the notary shall
make a numbered mark in the place where the addition is to be
made and a note at the end of the act, but before the final
signatures, numbered so as to correspond to the relative mark, and
containing the expression "words added" and, immediately after,
the words to be added.
(4) Any cancellation, addition or variation made otherwise than
in the manner aforesaid shall be considered as if it had not been
made.
Acts of delivery of 
secret wills.
31. (1) The acts of delivery of secret wills shall be written on
the back of the paper on which the will itself is written or on that
which serves as its envelope.
(2) The notary before presenting any secret will in the Civil
Court, Second Hall, shall make a copy of the act of delivery and
shall keep such copy in the minute-book of the acts in the same
manner as if it were the original act.
Opening and 
publication of 
secret wills. 
Amended by: 
XI. 1940.3.  
Cap. 12.
32. (1) Secret wills shall be opened and published in
accordance with the procedure laid down in article 534 of the Code
of Organization and Civil Procedure. The notary who publishes a
secret will shall keep a record of such publication and shall
preserve and register such record as in the case of a public act.
(2) Such  procès-verbal  shall contain - 
( a ) the name and surname of the judge or magistrate and
the registrar in whose presence the will is opened and
published;
( b ) the name and surname of the notary;
( c ) an indication of the decree ordering the publication;
( d ) a statement that the will has been opened, read and
published by the notary in the presence of the said
judge or magistrate, the registrar and two witnesses;
( e ) the name, surname, the name of the father, the
profession or calling and the place of birth and death
of the testator;
( f ) a statement of the fact that both the original of the will
and the note of the presentation thereof in court as well
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   17
as the notarial act of delivery, if any, have been
annexed to the  procès-verbal .
Protest of a bill of 
exchange.
33. The protest of a bill of exchange shall be kept and
registered as a public deed and shall be drawn up in a single
instrument even if the persons against whom it is entered, whether
simultaneously or successively, are two or more.
Language in which 
notarial acts are to 
be drawn up. 
Amended by: 
XVII.1929.1; 
XIII.1933.1; 
XXIV. 1935.2; 
XXIV. 1936.2; 
XI. 1937.7; 
XL. 1965.2; 
XIII. 1983.4.
34. (1) All notarial acts (including the acts which notaries are
empowered to receive, perform or issue under the provisions of
article 2(2)( b ),   ( c ),   ( d ),   ( e ),   ( f ), ( g )   and ( h ) shall be drawn up in the
Maltese or in the English language as the parties desire:
Provided that where all the parties declare that they are not
Maltese-speaking persons nor English-speaking persons, they may
require the use of any language other than Maltese or English
which is known by the notary and the witnesses; in any such case
the notary shall draw up by the side of the original text or at the end
thereof a translation of the act into Maltese or English, and such
translation shall be signed in the manner prescribed in article 28.
(2) The notary shall warn the parties of the importance of the
truthfulness of the said declaration and shall record in the act that
he has complied with this requirement and that to the best of his
knowledge and belief such declaration is true.
(3) Any party to the act who makes a false declaration, and any
notary who receives any act in any language other than Maltese or
English when he knows or has reason to believe that any of the
parties is a Maltese-speaking or an English-speaking person, shall
be liable to a fine ( multa ) not exceeding fifty liri to be imposed by
the Court of Revision of Notarial Acts.
(4) Any notary who receives any act without recording therein
the said declaration of the parties, or without recording the fact that
he has warned the parties of the importance of the truthfulness of
such declaration, shall be guilty of an offence and shall be liable to
a fine ( multa ) not exceeding five liri to be imposed by the Court of
Revision of Notarial Acts.
(5) Where any act is ordered by a judgment or decree of any
court, the court shall in such judgment or decree specify the
language, in accordance with the provisions, in which the act shall
be drawn up by the notary.
Cap. 189.
(6) In this article the expressions "Maltese-speaking person"
and "English-speaking person" shall have the same meaning as is
assigned to them in article 7 of the Judicial Proceedings (Use of
English Language) Act.
Language in which 
certificates, etc., 
are to be written. 
Added by: 
XI. 1937.8.
35. All declarations, attestations, certifications, references or
notes made by any notary in pursuance of this Act shall be in the
Maltese language, except where the act to which they refer has
been drawn up in the English language, in which case they shall be
drawn up in the English language.
  18        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
Interpretation of 
notarial act into 
another language. 
Amended by: 
XVII. 1929.2: 
XIII.1933.2; 
XXIV. 1935.2.
36. (1) The interpretation of an act into any language, when
required for the intelligence of all the parties shall be made by the
notary, or, if the notary does not know the language understood by
the parties, by an interpreter chosen by the parties.
(2) The interpreter must have all the qualifications required for
a witness and shall not be one of the attestors.
(3) The interpreter must take the oath before the notary to
perform his duties faithfully, and a mention of the taking of such
oath shall be recorded in the act.
Procedure when 
one of the parties is 
deaf.
37. (1) Where any of the parties is totally deaf, such party
shall read the act, and a mention of the fact shall be recorded
therein.
Cap. 16.
(2) If such party is illiterate use shall be made of the services of
an interpreter to be appointed by the Civil Court, Second Hall,
possibly from among the persons accustomed to communicate with
him, and who can make himself understood by signs and gestures.
The interpreter shall be present at the execution of the deed, saving
as regards wills, the provisions of article 669 of the Civil Code.
(3) Such interpreter must possess the qualifications required
for a witness and shall take the oath as provided in article 36(3).
(4) Such interpreter may be chosen from among the parents or
relatives of the deaf person, but shall not, at the same time, act as a
witness or as one of the attestors.
(5) The interpreter shall sign the act as provided in article
28(1)( k ) and ( l ).
Procedure when 
any of the parties is 
dumb, or deaf and 
dumb. 
Cap. 16.
38. Saving in regard to wills, the provisions of articles 597 and
668 of the Civil Code, where any of the parties is dumb, or deaf and
dumb, besides the rule laid down in the last preceding article as to
the presence of the interpreter the following rules shall be
observed:
( a ) the party who is dumb, or deaf and dumb and can read
and write shall himself read the act and write at the
end thereof, before the signatures, that he has read it
and found it to be in accordance with his will;
( b ) if such party does not know how to or cannot read and
write, it shall be necessary that his sign-language be
understood also by one of the witnesses, or, otherwise,
that a second interpreter be present at the execution of
the act in accordance with the rules laid down in
article 37(2), (3), (4) and (5).
If interpreter is not 
named the act is 
voidable. 
39. (1) Where, in the publication or the drawing up of an act
an interpreter has been employed, the notary shall, before the act is
signed, state that such interpreter was chosen with the consent of
the parties, or as the case may be, by the Civil Court, Second Hall,
and that he took the oath to perform his duties faithfully.
(2) In default of compliance with the provisions of sub-article
(1), the act is voidable on the demand of the party in respect of
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   19
whom the employment of an interpreter was required.
(3) The said demand shall no longer be competent after the
lapse of one month from the date of the publication of the act, or if
the said party shall have given execution to the act.
When a notarial act 
is null and void. 
Amended by: 
XXXIV.1979.10.  
40. A notarial act is null and void -
( a ) if it has been received by the notary before he has
complied with the provisions of article 10;
( b ) if it has been received by a notary who has ceased to
exercise his functions for any of the causes laid down
by law and after such cessation has been published in
the Government Gazette;
( c ) if it has been received in contravention of article
12( a ), ( b ), ( c ) and ( d ):
       Provided that the contravention of paragraph ( e )
shall only imply the nullity of the provisions referred
to in such paragraph;
( d ) if the requirements of articles 25, 27, 34, 36, 37 and 38
and of article 28(1)( k ) have not been complied with:
       Provided that the omission of signatures in the
annexe or list as required by article 28(1)( k ), shall not
invalidate the act but such unsigned annexe shall not
be deemed to form part of the act except in so far as
the truthfulness of its contents results from the act
itself or from the list mentioned in the said paragraph
( k );
( e ) if it is undated;
( f ) if the act has not been read to the parties, in the
presence of the witnesses, when the presence of
witnesses is required by law;
( g ) if the notary omits to explain to the parties the contents
of the act.
Penalty to notary in 
case of other 
contraventions.
41. In all other cases not provided for in the last preceding
article, the notarial act shall not be null, but the notary who
contravenes the provisions of the law shall be liable to the penalties
laid down therein.
Note in margin of 
original and 
register where an 
act is declared to 
be null.
42. In the event of an act being declared null and void by a
judgment of the competent judicial authority, which has become
res judicata , the notary by whom the act was received shall, after
the order contained in such judgment has been communicated to
him by the Registrar of the Court, immediately enter a reference
thereto in the margin of the original of the act and of the relative
register.
When execution of 
an act is deemed to 
be complete.
43. The execution of an act is not deemed to be complete until
the act has been published and then signed, at the same time, by the
parties, the attestors, interpreter, witnesses and notary, as the case
may be, as provided in article 28(1)( k ) and ( l ).
  20        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
No alteration in the 
act after it has been 
published and 
signed.
44. It shall not be lawful to make any alteration in the act after
it has been published and signed, as provided in the last preceding
article.
Rescission, 
variation or 
cancellation to be 
made by separate 
act.
45. The rescission, variation or cancellation of an act must be
made by a separate act. 
Annotations that 
may be made. 
Amended by: 
XXXIV.1979.11. 
46. (1) It shall not be lawful for the notary at any time to make
any annotation on any act except in the cases specified by law.
(2) The notary shall make annotations relating to registrations
made in the Public Registry, to declarations of rescission or
cancellation by a separate deed, to the declaration of nullity of an
act by a judgment of the competent judicial authority, or to any
other declaration relating to the act itself and which the notary is
bound to make according to law.
References to other 
acts, and how 
made.
47. (1) If the notary receiving the act of rescission,
cancellation or variation is the same who had received the original
act, he shall within fifteen days enter in the margin or at the foot of
the original act and of its registration in the register a reference to
the act of rescission, cancellation or variation.
(2) If the notary receiving the act of rescission, cancellation or
variation is not the same who had received the act so rescinded,
varied or cancelled, he shall within fifteen days deliver to the
Director of the Public Registry a note containing a summary of the
act of rescission, cancellation or variation, and the Director shall
within fifteen days of the receipt of such note deliver the same to
the notary who had received the act so rescinded, cancelled or
varied, or to the keeper of such act.
(3) In any such case the notary who had received the original
act or, as the case may be, the keeper of such act shall within
fifteen days enter a reference to the act of rescission, cancellation
or variation in the margin or at the foot of the original act and of its
registration in the register, on receiving from the said Director the
fee for entering such reference.
(4) The notary presenting the note containing the summary of
the act of rescission, cancellation or variation shall together with
such note give to the Director of the Public Registry the fee payable
to the notary entering the reference as aforesaid, and present a copy
of the note in a book to be kept for that purpose and the said copy
shall be countersigned by the Director, who shall set thereto the
date and his signature as evidence of the presentation.
Receipt to be 
furnished to the 
Public Registry 
Office.
48. The notary to whom the Director of the Public Registry
shall have delivered the note containing the said summary and the
fee above mentioned shall sign a receipt to that effect in a book to
be kept for the purpose in the Public Registry.
References to acts 
to be given or 
noted at request of 
parties.
49. Every notary shall also, at the request of the parties, give or
note, as the case may be, any other reference to an act relating to
any other act previously received by him.
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   21
Acts whereof a 
note is to be 
delivered to the 
Director of the 
Public Registry. 
Amended by: 
XXXIV. 1979.12.
50. (1) Every notary must, within fifteen days from the date of
the act deliver to the Director of the Public Registry a note of - 
( a ) any act  inter vivos  transferring the ownership of
immovable property or other real rights over such
property; 
( b ) any act  inter vivos  creating or varying any praedial
easement or any right of usufruct, use or habitation
relating to immovable property, or containing any
renunciation of such easement or right;
( c ) any act of emphyteusis or sub-emphyteusis or of
reduction or redemption of ground-rent, or of
renunciation or rescission relating thereto;
( d ) any public will or any publication of a secret will;
( e ) any marriage contract, settlement of dowry, variation
of or counter-declaration respecting any marriage
contract, separation of property between spouses, or
cessation of the community of acquests;
( f ) any act creating an annuity, in perpetuity or for a time
as a real burden on immovable property;
( g ) any act imposing any burden, in perpetuity or for a
time, on immovable property;
( h ) any act of compromise affecting immovable property
or real rights over such property;
( i ) any act of partition of immovables or any declaration
affecting the ownership of immovables or any rights
over immovables;
( j ) any act of assignment of hereditary rights;
( k ) any act of renunciation made by any person on taking
religious vows.
Contents of note.
the designation of the parties in accordance with article 28(1)( c ), a
precise designation of the things forming the subject-matter of the
act in accordance with article 28(1)( f ), and, in the case of an act in
which the value can be determined, an indication of such value.
(3) In the case of a public will or of the publication of a secret
will, the note shall only contain the date and nature of the act and
the designation of the testator in accordance with article 28(1)( c ) . 
(4) The said note shall be signed by the notary who received
the act or who is the keeper thereof.
(5) It shall be lawful to draw up two or more notes on one
sheet.
Copy to be 
countersigned by 
Director of Public 
Registry.
(6) The notary shall, together with the said note, present to the
Director of the Public Registry a copy thereof in a book kept for
that purpose and such copy shall be countersigned by the said
Director who shall affix thereto the date and his signature as
evidence of the presentation.
Cap. 56.
  22        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
drawing up of the said notes, as well as to the drawing up of notes
of hypothecation and of all other notes filed in the Public Registry.
Notary to give 
notice of any 
transfer of 
immovable 
property in favour 
of any pious 
institution. 
Amended by: 
XI.1937.12; 
L.N. 46 of 1965; 
LVIII.1974.68.
51. (1) Every notary must, within fifteen days from the
execution of any act  inter vivos  or the opening of any secret will
containing any transfer of immovable property in favour of any
church or other pious or religious institution, give notice thereof to
the Attorney General.
(2) A similar duty is imposed on the notary who is the keeper
of any such act.
Legal hypothecs to 
be registered by 
notary. 
Amended by: XVII. 
1960.2; XLVI. 
1973.108.
52. (1) Notwithstanding any covenant to the contrary, every
notary must register in the Public Registry, within one month from
the date of the relative act, unless registration shall have been made
on the demand of other persons - 
( a ) the legal hypothec arising from the act of settlement of
a dowry;
( b ) any assignment, reduction or cancellation of a
hypothec or privilege, provided that in the case of a
privileged debt not yet registered the term specified in
this sub-article shall run from date of registration of
such debt.
(2) A similar duty is imposed on the notary who is the keeper
of any such act.
(3) The notary shall, together with the note by means of which
a legal hypothec referred to in this article or an assignment,
reduction or cancellation of any hypothec or privilege is registered,
present to the Director of the Public Registry an extract thereof in a
book kept for that purpose, and such extract, which shall contain
the date of the relative act, the title of the registration and the
amount, if any, of the debt, shall be countersigned by the said
Director who shall affix thereto the date and his signature as
evidence of the presentation.
Duties of notaries 
residing in Malta 
receiving certain 
deeds relative to 
immovables 
situated in Gozo or 
Comino. 
Added by:
II. 1983.3. 
Amended by: 
XIX. 1988.7.
53. (1) A notary residing in the Island of Malta who receives
any act mentioned in article 50(1)( a ),   ( b ),   ( c ),   ( e ),   ( f ),   ( g ),   ( h ),   ( i ),
( j )   and ( k )   relating to immovables situated in the Islands of Gozo
and Comino shall, within one month from the date of the act,
deliver an authenticated copy of such act and of the documents
annexed thereto to the keeper of the Archives in Gozo.
(2) The keeper of the Archives in Gozo shall give a receipt for
such copy and the notary shall annex such receipt to the original
act.
(3) The keeper of the Archives in Gozo shall keep the copies
received in any one year in terms of this article in a bound volume
or volumes, and shall therein include an index of the copies
showing the name of the notary receiving the act, the date of the act
and the parties thereto.
(4) The keeper of the Archives in Gozo shall have, with respect
to the copies received in terms of this article, the duties which are
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   23
conferred on him with respect to original acts.
Duties of notaries 
residing in Gozo or 
Comino receiving 
deeds relative to 
immovables 
situated in Malta. 
Added by:
II.1983.3. 
Amended by.   
XIX. 1988.8.
54. (1) A notary residing in one of the Islands of Gozo and
Comino, who receives any act mentioned in article 50(1) ( a ),   ( b ),
( c ),   ( e ),   ( f ),   ( g ),   ( h ),   ( i ),   ( j )   and   ( k ) relating to immovables situated
in the Island of Malta, shall, within the time specified in article
53(1) deliver to the keeper of the Archives in Malta an
authenticated copy of such act.
(2) The provisions of article 53(2), (3) and (4) shall  mutatis
mutandis  apply to the copies referred to in sub-article (1).
TITLE II
O F THE  C USTODY OF  A CTS AND OF THE  N OTARIAL  R EGISTERS
Custody and safe 
keeping of acts. 
Amended by: 
XII. 1955.3; 
XXXIV. 1979.13.
55. (1) Every notary must with all due care and diligence keep
in a safe place the acts received by him with the relative annexes
until he shall have deposited the same in the Archives as provided
in this Act.
(2) For the purposes of sub-article (1) the notary shall bind in
volumes, in chronological order, all the acts received by him in the
course of a year, affixing on the margin of each act a progressive
number; each annexe shall have a distinguishing alphabetical letter.
(3) All the written pages of the said acts received in the course
of a year and of the annexes thereto shall bear a progressive
number.
(4) Public wills and the acts of delivery of secret wills,
however, shall be bound in separate volumes, and those received in
the course of a year shall likewise bear in the margin of each a
progressive number, and all their written pages shall also bear a
progressive number.
(5) The volumes of public wills and of the acts of delivery of
secret wills shall be kept separate from the other volumes, and
under lock and key.
(6) Both in the minute-book and in the register, a blank leaf
cancelled on either side by two transversal lines must be left
between the end of one public will or act of delivery and the
beginning of another.
(7) In both cases, the numbering of the acts and of the written
pages thereof must be made within twenty-four hours of the
execution of each act:
Cap. 294.  *
Documents Act* the duty in respect of a notarial act is to be paid at
the office of the Commissioner of Inland Revenue within the time
prescribed by the said article 4, the numbering of the pages of all
acts completed by the notary concerned on that same day and
*Repealed by Act XVII of 1993.  See  article 69 of the Duty on Documents and Transfers
Act (Cap. 364).
  24        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
subsequently up to the payment of the aforesaid duty must be
carried out within twenty-four hours of such payment.
Title of act. 56 . The notary must, within twenty-four hours of the execution
of each act, write the title thereof in the margin.
Blank pages to be 
crossed.
57. (1) It shall not be lawful to tear out any unwritten pages or
part of any unwritten page of any act or of any annexe thereto. 
(2) On every such unwritten page or part thereof between one
act and another the notary must, within twenty-four hours of the
execution of the act, draw two transversal lines across the whole
length of the unwritten space.
Registration of 
acts. 
Amended by: 
XI. 1937.9: 
XXXI. 1946.4.
58 . The notary must register each act within three months from
the date of the publication thereof: he must also register the
annexes thereto even when in the act it is stated that the same are
annexed for preservation only.
Mode of 
registration. 
Amended by: 
XXX. 1973.9; 
II.1978.7; 
XXXIV. 1979.14; 
II. 1983.4.
59. (1) The registration is made by transcribing the act and
annexes on other pages, with the number and title of the act, and
with the references mentioned in the law, placing in their proper
places all the words of the act without distinguishing any variation
made therein or reproducing the words cancelled.
(2) The notary shall make a signed declaration at the end of
each volume, that he has collated the register with the relative
original acts.
(3) No erasure shall be made and there shall be no cancellation
or addition of more than twenty words in or to any one act in the
register:
Provided that where any words are cancelled and
substituted by any one or more words, account shall only be taken
of the number of words cancelled or words added in substitution
thereof, whichever is the greater.
(4) The provisions of article 30 as to the mode in which the
original acts are to be written, and any variation, addition or
cancellation is to be made, shall also apply to the registration of the
acts, and any variation, addition made in the original act as
provided in that article shall in the registration of the act be copied
in its proper place in the body of the act:
Provided that no single volume shall be partly handwritten
and partly typewritten or printed, except that where any part of the
original, or any annexe attached thereto, is printed, a facsimile of
the same may be used in the registration thereof:
Provided further that cancellations and additions referred to
in sub-article (3) may be hand-written notwithstanding that the
register is typewritten or printed.
Wills to be 
separately 
registered.
60. The registers of public wills and of the acts of delivery of
secret wills received by the notary during a year shall be kept
separate from the registers of the acts  inter vivos  received during
the same year, and shall be bound in separate volumes.
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   25
Numbering of 
registers.
61. (1) The said registers shall be numbered within one month
from the last day of the time prescribed for the registration.
(2) Such numbering shall begin, both for the registers of wills
and for the registers of acts  inter vivos , from the first page of the
respective first act and shall continue to the last page of the last act
received during the year.
Volumes not to 
contain more than 
750 pages. 
Substituted by: 
II. 1983.5.
62. No volume of the original acts or of the registers shall
contain more than seven hundred and fifty pages.
Registers of two or 
more years may be 
bound in one 
volume.
63 . Subject to the provisions of the last preceding article, it
shall be lawful to bind in one volume the registers of two or more
years.
Indexes.
of the deeds  inter vivos , and the other of wills and of the acts of
delivery of secret wills.
(2) The provisions of sub-article (1) apply both as regards the
original acts received during the year and as regards the registers of
such acts.
(3) The said indexes shall be formed in the alphabetical order
of the surnames of the parties, and every act shall be entered under
the surname of each of the parties thereto. Such indexes shall
contain the name and surname of each of the parties, the nature of
the act, the progressive number thereof and the number of the first
page of the act itself.
(4) The time for the formation of such indexes is the same as
that fixed for the registration of the acts under article 58.
Preservation of 
registers and 
indexes.
65. The notary must preserve and take care of the said registers
and indexes, during his lifetime, with the same diligence as the
original acts.
Notary’s 
responsibility for 
loss, etc., of acts, 
etc.
66. The notary shall be responsible for any loss, cancellation,
erasure or other injury which, through his fault, may occur in the
original acts, annexes, registers or indexes while in his possession.
Inspection of acts 
inter vivos.
67. The originals and the registers of acts  inter vivos  shall be
open to the inspection of any person.
Wills, etc., not 
open to inspection. 
Amended by: 
V.1939.2,3; 
L.N. 148 of 1975; 
XXXIV. 1979.15; 
II. 1983.6 .
68. (1) Saving the provisions of article 81(4), public wills, the
acts of delivery of secrets wills, and the registers thereof, shall not
be accessible, during the life of the testator, except to the testator
himself, or to a person holding a special authority from him, which
authority shall be duly authenticated and shall be kept by the notary
in a register for the purpose, where the authority shall be numbered.
A reference to the number of the authority shall be made on the
will, the act or the register.
Rules as to 
inspection of wills 
unica charta.
(2) ( a )   In the case of a public will unica charta, it shall be
lawful for the Civil Court, Second Hall, after the
decease of one of the testators, on the application of
any person who may have by law any right to the
inheritance of the deceased testator, to order the notary
  26        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
to file in court a sealed declaration containing the
dispositions of the deceased testator.
( b ) The person making the application shall, after the
declaration aforesaid has been filed, pay to the notary,
in respect of the declaration, such fee as the court shall
determine.
( c ) The court may, at the request of the notary, direct that
the person making the application shall make a deposit
with the registrar of a sufficient sum to secure the
payment of his fee.
( d ) The court may examine the will  unica charta  and give
to the notary such directions as it may deem fit,
regarding the manner in which the declaration is to be
made.
( e ) The court shall unseal the declaration and shall
ascertain that no reference to any disposition of the
surviving testator is contained therein, and that the
declaration contains provisions in which the applicant
has an interest, and shall thereupon make an order for
the delivery of the declaration to the person making
the application.
( f ) If the court is of opinion that the person making the
application has no interest in the will, the court shall
order the declaration aforesaid to be returned to the
notary or to be destroyed by the registrar.
Cap. 239.
( g ) The Commissioner of Inland Revenue shall, for the
purpose of assessing duties under the provisions of the
Death and Donation Duty Act *  or any other law
substituting it, be entitled to make the application
referred to in paragraph ( a ) of this sub-article, and the
provisions of this sub-article shall apply to such
application in so far as applicable.
Originals not to be 
delivered to any 
person. Exception. 
Amended by: 
XIX. 1988.9.
69. (1) The notary shall not deliver to any person the original
of any act, nor can he be compelled to present or deposit the same,
except in the cases and in the manner prescribed in this Act or in
pursuance of a decree of court.
(2) It shall not be lawful to return to any of the parties to an act,
or other person interested therein any of the annexes thereto except
in pursuance of an order to that effect of the competent court; in
any such case, the notary must keep among the acts a receipt
together with an authentic copy of the annexe so returned and a
copy of the order directing such return.
*Repealed by Act XVI of 1993.  See  the Duty on Documents and Transfers Act (Cap. 364).
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   27
Procedure to be 
followed in case of 
death, cessation 
from exercise of 
office, suspension 
or absence of a 
notary. 
Amended by: 
XI. 1937.10; 
II.1978.8.
70 . (1) On the death of a notary, or where a notary has ceased
from the exercise of his office or has been suspended therefrom in
terms of articles 14 and 15, or is about to leave Malta, the acts
received by him with the respective registers and indexes shall be
deposited in the Archives, unless the Court of Revision of Notarial
Acts shall have appointed a notary to be the keeper or custodian of
such acts or registers, on the demand of the heirs of the deceased
notary, or of the lawful owners of his registers or, as the case may
be, of the notary himself who has ceased from exercising his office
or has been suspended or incapacitated therefrom or is about to
leave Malta.
(2) In the case of rehabilitation of the notary in accordance
with the provisions of article 14(2), or of cessation of the
suspension inflicted upon him in terms of article 15, or of his return
to Malta, the notary may apply to the said court for the restitution
of the aforesaid registers and indexes.
The notary is the 
owner of the acts 
received by him. 
Amended by: 
II. 1978.9.
71. (1) Every notary is the owner of the registers of the acts
received by him and of their respective indexes. He shall be
responsible for the safe keeping of the original acts received by him
until these are deposited in terms of the other provisions of this
Act.
(2) He may dispose of the said registers and respective indexes
as a whole in favour of any person by a public deed or by will. 
(3) Such acts, registers and indexes, shall not be subject to any
precautionary or executive warrant and may not be sold by judicial
auction.
Procedure in case 
of alienation of 
acts and registers. 
Amended by: 
II. 1978.10.
72. (1) Any notary alienating his registers and respective
indexes must, within ten days, give notice of such alienation to the
Registrar of the Court of Revision.
(2) In any such case, such notary shall remain responsible for
the safe keeping of the acts and registers until such time as, on his
demand or on the demand of the alienee the said court shall have
appointed as keeper thereof the alienee himself, if he is a notary, or
otherwise, another notary proposed by the alienee and accepted by
the said court.
Duties of keeper or 
custodian.
73. Any notary, appointed keeper or custodian in any of the
cases mentioned in this Act, shall have, in respect of the acts or
registers entrusted to his care, the same duties as in respect of his
own acts or registers.
  28        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
TITLE III 
O F  C OPIES AND  E XTRACTS
Notary has the sole 
right to allow 
inspection of acts 
and give copies 
thereof. 
Amended by: 
XXXVII. 1933.4; 
II.1978.11; 
II. 1983.7; 
XIX. 1988.10.
74. (1) Saving the provisions of Part V of this Act, the notary
alone during his lifetime and so long as he continues in the exercise
of his profession shall have the right to allow the inspection and the
reading of the acts received by him or of the acts received by
another notary and of which he is the keeper, and to give copies and
extracts of or from such acts.
Notary is bound to 
give copies.   
Exceptions.
(2) The notary is bound to give any copy or extract required by
any person:
Provided that he may refuse to give any such copy or
extract, if the person requiring the same shall not deposit with him
the amount of fees and expenses, or until full payment of the fees,
accessory charges and expenses shall have been made.
(3) The notary shall not permit the inspection or the reading of
any will or give any copy of or extract from such will, during the
lifetime of the testator, except to the testator himself or to a person
holding a special authority from him duly authenticated, or to other
persons in the presence of the testator, saving the provisions of
article 68(2) and of article 81(4).
Cap. 16. (4) Saving the provisions of articles 205 and 207 of the Civil
Code, the notary shall not on the mere allegation of the death of a
testator give any copy of a will, or make its contents or even its
existence known to any person, unless such person produces an
abstract of the act of death of the testator which abstract shall be
retained by the notary.
(5) Where a copy of a will, whether authenticated or not, is
issued -
( a ) the notary shall state in writing at the end thereof:
(i) to whom such copy has been issued;
(ii) where the copy has not been issued to the
testator himself, that he has ascertained either
that the testator is dead or that the person to
whom the copy is to be given is duly authorized
to receive it;
( b ) when the testator is still alive, the person to whom the
copy is given shall on receipt thereof sign such copy in
the presence of the notary.
(6) The provisions of sub-article (4) and of sub-article
(5)( a )(ii) and ( b ) shall not apply where one hundred years have
elapsed after the making of the will.
How copies and 
extracts are to be 
written.
75. (1) The provisions of article 30 as to the manner in which
the original acts are to be written, and any variation, addition or
cancellation is to be made, shall apply also to copies and extracts
issued from acts or registers:
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   29
  Provided that any variation or addition made in the original
act or in the register as provided in the said article and in article 59
shall be copied out in its proper place in the body of the act and not
by means of a marginal note.
(2) Copies may also be printed or prepared by other mechanical
means, provided the impression of the characters be made with
indelible ink.
(3) The notary, however, may not remove from his office the
original acts or registers even for the purpose of preparing copies as
provided in sub-article (2).
Contents of copies 
and extracts.
76. (1) A copy contains a faithful transcription of an act in
conformity with the original.
(2) An extract contains a faithful transcription of one or more
parts of an act in conformity with the original; it must always
reproduce the commencement and the conclusion of the act.
Issue and 
authentication of 
copies.
77. (1) Every copy and extract shall bear at the end, the date
of its issue and shall be authenticated by the notary who shall affix
his signature thereto and the words "in conformity with the
original", or other similar declaration.
(2) If the copy or extract consists of more than one leaf, each
leaf shall be signed in the margin by the notary or Archivist.
(3) The notary shall transcribe at the end of every copy all the
annexes to the original act unless the person requiring such copy
shall have dispensed him therefrom, in which case the notary shall
make a mention of such fact in the copy.
(4) The notary shall transcribe at the end of every copy the
references to other acts entered in the original act.
Declaration where 
a paleographer, 
photographer or 
other expert is 
employed.
78. Where, for the purpose of interpreting or reproducing any
act, owing to its antiquity or to its special nature or to the language
in which it is written, or for the purpose of reproducing any
impression or design, a paleographer, photographer or other expert
has been employed, the notary or Archivist may not certify that the
interpretation or the reproduction conforms to the original, but only
that it has been made from the original which is under his custody
or exists in the Archives.
TITLE IV
O F  A CTS WHICH ARE DELIVERED IN  O RIGINAL TO THE  P ARTIES, 
OF THE  A UTHENTICATION AND  L EGALIZATION OF  S IGNATURES 
OR  C ROSS-MARKS
Acts which may be 
given out in 
original.
79. The notary may give out to the parties in the original,
besides the applications and other acts relating to matters of
voluntary jurisdiction prepared by him, the following acts only -
( a ) the  procès-firebox ; 
  30        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
( b ) the authentications of signatures and cross-marks; and 
( c ) the acts and certificates referred to in article 2(2)( c ),
( d ), ( e ), ( g ) and ( h ).
Authentication of 
signatures or cross-
marks.
80. (1) The authentication of the signatures or cross-marks set
at the end of any private writing and in the margin of the
intermediate sheets thereof, must be written out under such
signatures or cross-marks, and must contain a declaration that the
same were set in the presence of the notary and of the witnesses and
attestors, if any, with the date and indication of the place:
Provided that as regards the signatures or cross-marks in
the margin and in the intermediate sheets, the signature of the
notary alone, under such signatures or cross-marks shall be
sufficient.
(2) The notary does not assume any responsibility for any
nullity or irregularity contained in any writing authenticated by
him, except where such writing contains any stipulations contrary
to good morals.
TITLE V
O F  F EES,  C HARGES AND OTHER  E XPENSES DUE TO  N OTARIES
Fees payable to 
notary.
81. (1) The notary is entitled to receive from the parties in
respect of every act, copy or extract as well as in respect of any
other professional service under article 2, a fee, in addition to the
reimbursement of the expenses and to other accessory charges.
(2) If the act is null for any cause attributable to the notary, the
notary shall not be entitled to any fee or to the reimbursement of
the expenses or to any other charge.
(3) The fees and the accessory charges payable to the notary
shall be those fixed in the Tariff relating to the Notarial Profession
and the Notarial Archives in the Schedule annexed to this Act.
(4) Such fees and charges shall be taxed by the court of
voluntary jurisdiction, which, for the purpose of taxing the fees due
in respect of a will, during the lifetime of the testator, may cause
the contents of such will to be examined by its deputy registrar,
after administering to him the oath to maintain secrecy in regard to
all the provisions of such will.
Where act contains 
several distinct 
covenants.
82. If the act contains several distinct covenants, a fee shall be
due in respect of each of such covenants.
Expenses and fees 
to be noted on 
copies.
83. The notary shall, at the foot or in the margin of every copy
or extract, make a note duly signed by him, of the relative
expenses, fees and charges.
Joint and several 
liability of parties 
towards notary.
84. The parties are jointly and severally liable towards the
notary for the payment of the fees and charges due to him as well as
for the reimbursement of the expenses, except in the case of
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   31
services rendered by the notary in the exclusive interest of one or
some of the parties only.
PART IV
O F THE  N OTARIAL  C OLLEGE AND OF THE  N OTARIAL  C OUNCIL 
Notarial College.
welfare and progress of the notarial profession, shall be composed
of all the notaries actually practising their profession in Malta and
Gozo.
Notarial Council
shall be entrusted to a committee called the Notarial Council,
elected annually from among the members of the College.
(2) The names of the members composing the Notarial Council
shall be published in the Government Gazette.
Notarial Council to 
communicate with 
the Government, 
and  vice versa .
87. The Notarial Council shall communicate with the
Government and the Government with the Council on all matters
affecting the profession or connected therewith.
Duties of Notarial 
Council.
88. The Notarial Council shall, of its own motion or on the
complaint of any person, inquire into the professional conduct of
any notary which is considered to be repugnant to the decorum of
his profession, or into any charge of negligence or abuse made
against any notary in the exercise of his profession or in connection
with professional matters, unless the power to take cognizance of
and deal with such conduct or charge of abuse or negligence is
vested in some other authority under this Act or any other law for
the time being in force.
Power of Council 
to admonish 
notary. 
Amended by: 
XI.1937.12: 
L.N. 46 of 1965: 
LVIII. 1974.68.
89. If on any such inquiry, the Notarial Council is satisfied that
a notary has been guilty of any such conduct, abuse or negligence
as mentioned in the last preceding article, the Council shall have
power to admonish such notary and shall report the case to the
Attorney General and to the Court of Revision.
Conditions for 
validity of a 
decision of 
Council. 
Amended by: 
XI. 1937.12; 
L.N. 46 of 1965; 
LVIII. 1974.68.
90. No admonition shall be made nor shall any case be
reported to the Attorney General and to the Court of Revision, as
provided in the last preceding article, unless the notary concerned
shall have had full opportunity to defend himself, and no decision
of the Notarial Council shall be valid unless it has been agreed to
by at least two-thirds of the members of the Council.
Right of appeal to 
Court of Revision.
91. Any notary on whom any punishment has been inflicted
under the provisions of articles 88 and 89, may appeal to the Court
of Revision of Notarial Acts, by an application to be filed within
fifteen days from the date on which notice has been given to him of
the punishment so inflicted, and such court shall have power to
reverse the decision of, or to vary the punishment inflicted by, the
Notarial Council.
  32        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
Power of Notarial 
Council to make 
regulations.
92. The Notarial Council shall have power to make regulations
respecting the functions and duties of the Notarial College and of
the Notarial Council, the meetings to be held by the College and by
the Council, the procedure to be followed at such meetings, and the
payment of a fee by the members of the College, as well as all other
regulations which may be deemed necessary or expedient for the
maintenance of the College and the furtherance of its object.
Such regulations to 
be approved by the 
Minister 
responsible for 
notarial affairs. 
Amended by: 
XXV.1962.4; 
L.N. 4 of 1963; 
XXXI. 1966.2;
IX.2000.3.
93. The regulations mentioned in the last preceding article
shall, before coming into operation, be submitted to the Minister
responsible for notarial affairs to be approved by him.
Minister 
responsible for 
notarial affairs 
shall have power to 
dissolve the 
Notarial Council. 
Amended by: 
XXV. 1962.4;
L.N. 4 of 1963; 
XXXI. 1966.2;
IX.2000.3.
94. If the Notarial Council fails to comply with the
requirements of article 88, the Minister responsible for notarial
affairs shall have power to dissolve the same and direct the election
of a new Council.
PART V
O F THE  N OTARIAL  A RCHIVES
Archives and 
officers thereof.
95. (1) There shall be two Archives, one in Malta for the
preservation of the deeds received by notaries during their
residence in the Island of Malta, and another at Gozo, for the
preservation of the deeds received by notaries during their
residence in the Island of Gozo or Comino.
(2) Each of the said Archives shall have a keeper or archivist,
who shall be also the treasurer thereof, and such other personnel as
shall be necessary for the requirements of the service.
The archivist shall 
take oaths of 
allegiance and 
office. 
Cap. 12.
(3) Before entering upon the exercise of his office, the archivist
shall take before the Court of Appeal the oath of allegiance in terms
of article 10 of the Code of Organization and Civil Procedure, and
the oath of office as follows:
" I, ................. , promise and swear, that 1 will faithfully observe
all the laws of Malta and that 1 will faithfully and with all honesty
and exactness carry out the duties of Keeper of the Archives to the
best of my knowledge and ability. So help me God " .
Appointment of 
archivist.
Amended by: 
XXXI.1946.5;
L.N. 4 of 1963; 
XXX.1973.10; 
II.1978.12;
IX.2000.3.
  96. (1) The keeper or archivist shall be selected and appointed
by the Prime Minister.
 In the case of absence or other lawful impediment of the keeper
or archivist, his duties shall be carried out by such officer as may
be designated by the Minister responsible for notarial affairs or in
accordance with arrangements made by the said Minister.
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   33
Incompatibility of 
office with any 
other public office.
(2) Saving, as regards the office of Chief Notary to
Government or of Notary to Government, the provisions of article
22(3), the office of Archivist or other officer attached to the
Archives shall be incompatible with the exercise of the notarial or
any other profession and with any other public office.
Acts deposited for 
preservation in the 
Archives of Malta. 
Amended by: 
XI. 1937.11; 
II.1983.8
97. In the Archives of Malta there shall be deposited for
preservation -
( a ) all original notarial acts received by deceased notaries
previously residing in Malta, with the respective
indexes;
( b ) all the original notarial acts received by notaries
residing in Malta who, for any cause whatsoever, have
ceased to exercise the notarial profession, with the
respective indexes;
( c ) all the original notarial acts received by notaries
residing in Malta, with the respective indexes, when
such acts and indexes require to be deposited in the
Archives or are seized under the provisions of this Act;
( d ) all the registers of notarial acts received by notaries
residing in Malta when such registers belong to the
Government, or belong to private parties but, for any
reason whatsoever, have no keeper or notary delegate,
or when such registers are seized from the possession
of such notaries for any lawful cause under this Act;
( e ) the copies deposited in terms of article 54.
Acts deposited for 
preservation in the 
Archives of Gozo. 
Amended by: 
II. 1983.9.
98. In the Archives of Gozo there shall be deposited for
preservation -
( a ) all the original notarial acts received by deceased
notaries previously residing in the Island of Gozo or of
Comino, with the respective indexes;
( b ) all the original notarial acts received by notaries
residing in Gozo or Comino, who, for any cause
whatsoever, have ceased to exercise the notarial
profession, with the respective indexes;
( c ) all the original notarial acts received by notaries
residing in Gozo or Comino, with the respective
indexes, when such acts and indexes require to be
deposited in the Archives or are seized under the
provisions of this Act;
( d ) all the registers of notarial acts received by notaries
residing in Gozo or Comino when such registers
belong to the Government, or belong to private parties
but, for any reason whatsoever, have no keeper or
notary delegate, or, when such registers are seized
from the possession of such notaries for any lawful
cause under this Act;
( e ) the copies deposited in terms of article 53. 
  34        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
Ss. 68 and 69 to 
apply to acts 
deposited in the 
Archives.
99. The provisions of articles 68 and 69 shall apply to the acts,
registers and indexes kept in the Archives.
Duties and 
responsibilities of 
archivist. 
Amended by: 
XI. 1937. 12; 
L.N. 46 of 1965; 
LVIII. 1974.68.
100.   The archivist shall be the lawful representative of the
Archives: he shall be responsible for the custody and preservation
of all the documents deposited therein, as well as for the proper
management of the Archives, and shall report to the Attorney
General any contravention committed by any notary or other person
for non-compliance with the provisions relating to the Archives.
Archivist to collect 
fees. 
Amended by: 
XXX1.1946.6.
101. (1) The archivist, in his capacity as treasurer of the
Archives, collects the fees and other charges payable to the
Archives in accordance with the Tariff relating to the Notarial
Profession and Notarial Archives in the Schedule annexed to this
Act, and gives the relative receipt.
(2) Every notary may, during his lifetime, without payment of
any fee, inspect any of the original acts received by him and
deposited in the Archives and give out any copy or extract of or
from such acts.
(3) Notaries delegate and keepers shall have a similar privilege.
Archivist to permit 
the inspection and 
to give out copies 
of acts deposited in 
the Archives. 
Amended by: 
XXXIV. 1979.16; 
XIX. 1988.11.
102. (1) The archivist shall permit the inspection and the
reading of the acts deposited in the Archives, and shall give out
copies and extracts of or from such acts, observing, so far as they
are applicable, the provisions of article 76.
Special register to 
be kept by the 
archivist.
(2) A special register shall be kept in the Archives wherein the
archivist shall enter daily all the copies and extracts issued on
payment in terms of the law, stating by whom the demand for the
issue of such copies and extracts has been made.
Duties of Archivist 
in the delivery of 
copies and 
extracts.
(3) Due mention shall be made on the copy or extract of the
entry made in the register, and the progressive number assigned in
such register to the act so issued shall also be stated.
(4) The provisions of articles 76, 77 and 78 shall apply to the
copies or extracts issued from the Archives.
Indexes of acts 
deposited in the 
Archives. 
Amended by: 
XXXI. 1946.7. 
103. (1) Each archivist must keep a general index of the
notaries whose acts or registers are deposited in the Archives. 
(2) Such index shall be kept in the alphabetical order of the
surnames of the notaries and must show in respect of each notary,
his name and surname, the number of volumes of acts and registers,
the number of pages of each volume, the date of the first and last
act received by him, and an indication of the article and shelf
wherein his acts are preserved.
(3) Where any portion of the acts or registers of any of the said
notaries exists in other Archives, a mention of such fact shall also
be made in the said index.
Index open to 
inspection free of 
charge.
(4) The said index shall be open to the inspection of any person
free of charge.
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   35
Collection of fees 
by archivist. 
Substituted by: 
XXXI. 1946.8 ( 2 ) . 
Amended by: 
II.1978.13; 
XXIV. 1979.18.
104. (1) Whenever any person inspects, reads or makes
extracts from any notarial act deposited in the Archives, the
archivist shall collect the fees due in accordance with the Tariff
relating to the Notarial Profession and Notarial Archives in the
Schedule annexed to this Act, to the notary who is the owner or
keeper of the relative register.
(2) The archivist shall give an account of the fees collected as
aforesaid and pay such fees to the notaries concerned, at least once
every year.
Prohibition to 
remove any act 
from the Archives 
without an order of 
court.
105.   The acts, registers and indexes deposited in the Archives
may not be removed therefrom without an order of a court of
justice, and, where any such order is made, the archivist shall see
that such acts, registers or indexes be replaced in the Archives as
soon as the purpose for which they shall have been removed from
the Archives, shall have been served.
Original acts and 
registers thereof to 
be kept in separate 
places.
106.   The original acts and their indexes shall be kept in a place
separate from that of the registers thereof and possibly in a
different room or floor, in the office of the Archives.
Office hours. 
Amended by:
L.N. 4 of 1963; 
XXXI. 1966.2; 
II.1983.10;
IX.2000.3.
107. (1) The Archives shall be kept open on such days and at
such hours as the Minister responsible for notarial affairs shall
direct.
(2) Unless the act constitutes a graver offence under any other
law, any person who enters or remains in the Archives outside such
days and hours without the permission of the archivist or of the
Court of Revision of Notarial Acts, shall be guilty of an offence
and shall on conviction be liable to the punishment established for
contraventions.
Persons entering 
the Archives shall 
obey orders of the 
Archivist.  
Substituted by: 
II. 1983.11.
108. (1) The archivist may give directives for the keeping of
order in the premises under his control and for the security and
safety of such premises.
(2) Any person disobeying any directives given in terms of
sub-article (1) shall, unless the act constitutes a graver offence, be
guilty of an offence and shall be liable, on conviction, to the
punishment established for contraventions.
Expenses required 
for the preservation 
of acts. 
Amended by:
II. 1978.14. 
109.   The archivist shall inform the Court of Revision of
Notarial Acts of any expense that might be necessary for the better
preservation and custody of the acts and registers deposited in the
archives; and, when the owner of such registers is known, the said
court may, on the demand of the archivist by writ of summons,
order such owner to pay the sum so required.
  36        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
PART VI
O F THE  S UPERVISION OVER  N OTARIES, THE  A RCHIVES AND 
THE  P UBLIC  R EGISTRY, OF THE  C OURT OF  R EVISION OF 
N OTARIAL  A CTS, AND OF  D ISCIPLINARY  P UNISHMENTS
TITLE I
O F THE  S UPERVISION OVER  N OTARIES, THE  A RCHIVES AND 
THE  P UBLIC  R EGISTRY, AND OF THE  C OURT OF  R EVISION OF 
N OTARIAL  A CTS 
Court of Revision 
of Notarial Acts. 
Substituted by: 
VIII. 1958.2. 
Amended by:
L.N. 4 of 1963; 
L.N. 148 of 1975; 
XXXIV. 1979.19;
IX.2000.3;
VI. 2001.6.
110. (1) Supervision over all notaries, the Notarial Archives
and the Public Registry shall be exercised by a special court called
the "Court of Revision of Notarial Acts".
(2) The court shall consist of such members, called Visitors, as
the Minister responsible for notarial affairs may appoint for such
period as may be specified in their appointment. The Visitors shall
be appointed from among retired Judges of the Superior Courts,
retired magistrates, and from among advocates and notaries public
who have practised their profession for not less than seven years:
Provided that a notary public shall not be appointed a
Visitor unless he has resigned his office as provided in article
14( d ).
(3) The court shall at all times be duly constituted when three
or more Visitors, of whom one at least shall be a retired judge or a
retired magistrate and who shall preside, are sitting together.
(4) Visitors may separately carry out inspections and apply the
disciplinary punishment of admonition and reprimand or fine
( ammenda ).
(5) Notaries shall be charged for such supervision and
inspection such fees as may be contained in the Schedule to this
Act. Such fees shall be paid to the Registrar of the Court of
Revision of Notarial Acts.
Decisions to be 
notified to the 
Attorney General 
and to archivist or 
other notary 
concerned. 
Amended by: 
XI.1937.12; 
L.N. 46 of 1965; 
LVIII.1974.68.
111.   The Registrar shall, within one month of the date of any
decision, decree or order given or made by the said court or of the
award of any disciplinary punishment cause a copy of such
decision, decree or order or a written notice of such award to be
served on the Attorney General and on the archivist or other notary
concerned therein, even though such decision, decree or order shall
have been given or made, or such punishment awarded, in their
presence.
Right of appeal. 
Amended by: 
XI. 1937.12; 
L.N. 46 of 1965; 
LVIII. 1974.68;
VI. 2001.6.
112.  In every case, the Attorney General may, within thirty
days from the day on which he is served with the copy or notice
referred to in the last preceding article, enter an appeal to the Court
of Appeal (Inferior Jurisdiction), by an application, against any
decision, decree or order given or made by the said court or by any
of the Visitors separately, as well as against the award of any
disciplinary punishment. A similar right of appeal shall be
competent to the notary or archivist in respect of whom any such
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   37
decision, decree or order shall have been given or made.
Procedures and 
fees.
Added by:
VI. 2001.6.
Cap. 12.
112A. (1) The Minister responsible for justice may by
regulations under this subarticle establish the fees payable to the
registry of the Court of Appeal (Inferior Jurisdiction) for the filing
of judicial acts under article 112 of this Act:
Provided that until such fees are so established by the
Minister, the fees contained in Schedule A to the Code of
Organization and Civil Procedure shall apply. 
(2 The board established under article 29 of the Code of
Organization and Civil Procedure may make rules governing
applications under article 112 of this Act.
Procedure. 
Amended by: 
VIII. 1990.3.
113. (1) Proceedings before the said court shall be held  in
camera.
(2) Such court shall, for the exercise of its functions, the
execution of its orders under this Act, the maintenance of the
respect due to it and the good order of its sittings, have the same
powers as are by law given to the Court of Magistrates, and the
laws relating to the service of summonses in connection with, and
the conduct of proceedings before the Court of Magistrates shall, in
every other respect, apply to the service of writs of subpoena and to
all other proceedings of the said Court of Revision.
(3) In the case, however, of suspension from or deprivation of
office, the said court shall have power to order the proceedings to
take place in public.
Registrar of the 
court.  
Amended by: 
L.N. 4 of 1963; 
VIII. 1990.3.
114.   Both in Malta and in Gozo the Registrar of the Court of
Magistrates, or any other officer designated by the Prime Minister,
shall act as Registrar of the said Court of Revision and shall take
part in its sittings.
Inspections 
without previous 
notice. 
Substituted by: 
XXXI. 1946.9. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68; 
XI.1977.2.
115. (1) The court, whenever it considers it expedient, may,
and, at the request of the Attorney General, shall, without giving
any previous notice, visit and inspect the Archives, the Public
Registry or the office of any notary.
(2) In making the request referred to in sub-article (1), the
Attorney General may - 
( a ) indicate the day and the time or the period of time on,
at, within or as from which the visits and inspections
are to be made;
( b ) indicate the particular acts, registers and indexes
which are to be inspected.
Cap.294.*
(3) In the case of visits and inspections mentioned in this
article, the provisions of articles 111, 112, 116, 118, 119, 124 and
of article 117(2) and the provisions of article 19 of the Duty on
Documents Act *  shall apply.
*Repealed by Act XVII of 1993.  See  article 69 of the Duty on Documents and
Transfers Act (Cap. 364).
  38        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
Inspection of 
Notarial Archives. 
Amended by: 
L.N. 4 of 1963; 
XXXI. 1966.2; 
XI. 1977.2;
IX.2000.3.
116. (1) The inspections of the Notarial Archives must be
carried out by the said court in such a manner that a general
inspection of the Archives be carried out every year.
(2) In the course of such inspections the said court shall
examine whether the service is being performed according to law,
whether the respective officers have the requisite qualifications for
the office occupied by them, whether such officers attend to their
duties with the due regularity and diligence, and particularly-
( a ) whether the service of the inspection of acts and the
issue of copies and extracts proceeds in accordance
with the prescribed rules;
( b ) whether the registers and the indexes are regularly
kept in accordance with the provisions of articles 102
and 103;
( c ) whether the premises are fit for the purpose for which
they are intended and are kept with all due care.
(3) The court, where necessary, shall submit to the Minister
responsible for notarial affairs the measures which it considers
expedient for remedying and preventing deficiencies.
General inspection 
of acts to be made 
twice in every 
year.
117. (1) A general inspection of the acts, registers and indexes
of every notary must be made twice in every year, the first
inspection to begin on the 1st of May and the second on the 1st of
November of every year.
(2) In every such inspection care shall be taken to ascertain
particularly whether the provisions of the law relating to the
drawing up and preservation of the acts, registers and indexes and
to the payment of duty on documents have been complied with. 
(3) The original acts, together with the respective indexes,
shall, on the termination of such inspection, be deposited by the
registrar in the Archives.
Record of each 
inspection. 
Amended by:
XI. 1937.12; 
L.N. 46 of 1965; 
LVIII. 1974.68.
118. (1) The said court shall draw up in duplicate a special
procès-verbal  of each inspection, one copy to be kept in the records
of the said court and the other to be transmitted to the Attorney
General.
(2) Such  procès-verbal  shall also be signed by the archivist or
the notary, as the case may be.
(3) If the archivist or the notary refuses to sign, mention of
such refusal shall be made in the  procès-verbal  stating the grounds
thereof.
The Visitor shall 
countersign each 
volume inspected 
by him.
119.   Each volume of original acts, registers and indexes, and
every book and register which the notaries and the archivist are
bound to keep shall be countersigned by the Visitor inspecting the
same as provided in this Act.
Procedure for 
summoning notary 
for inspection of 
acts.
120. (1) The notary shall be called for such inspection by
means of a formal writ of subpoena issued by the registrar in the
name of the said court, which must be served on the notary at least
fifteen days before the day fixed for the inspection and must
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   39
specify the acts, registers and indexes which the notary is to
produce and the day and hour on which he is to attend.
(2) No previous notice shall be given for the inspection of the
Archives and the Public Registry.
Appearance of 
notary and 
production of acts. 
Substituted by: 
II. 1983.12.
121. (1) The notary summoned as aforesaid must appear either
personally or by means of a special attorney, and produce to the
Registrar of the Court the acts, registers and indexes specified in
the writ of subpoena; and upon such production the court shall
proceed to the inspection of the same.
(2) Together with the acts, registers and indexes, the notary or
his attorney shall produce the relative writ of subpoena to the
Registrar of the Court who shall make thereon a record of the
volumes produced in compliance therewith. Such writ of subpoena
shall be retained by the notary or his attorney.
The court may 
require the 
production of the 
acts of any period.
122.   The court may for a just cause call upon the notary or the
Archivist, to produce the acts, registers, books and indexes of any
period.
The court may 
issue warrants of 
escort or seizure.
123.   If any person summoned as provided in the last two
preceding articles, fails to appear, the court may issue a warrant of
escort against such person and order the seizure of the acts,
registers, books and indexes specified in the writ of subpoena.
Duties of the court.
archivist and the Director of the Public Registry have performed
the duties imposed upon them by this Act or by any other law, and,
in case of any contravention, the court may award punishment and
give any other directions which it may deem expedient according to
law.
(2) When the contravention consists in any omission on the
part of the notary or archivist, the court shall order such notary or
archivist to do that which he has omitted, within such time as the
court shall fix in its discretion, and shall direct the registrar to see
whether such order is punctually carried out. In default of
compliance with any such order the notary or the archivist may be
liable to suspension from his office for such time as the default
continues.
Information of any 
contravention may 
be laid by any 
person. 
Procedure. 
Amended by: 
XI.1937.42; 
L.N. 46 of 1965; 
LVIII. I974.68.
125. (1) Any complaint in respect of any contravention
committed by any notary or by the archivist against the provisions
of this Act, or of any breach of his duties, or of any abuse,
negligence or other irregularity, may, at any time, be brought to the
cognizance of the said court by the Attorney General or by any
other person, by an application.
(2) The court upon ascertaining summarily on such evidence as
it may deem proper to require the matter of the complaint, shall
order the said application to be served to the Attorney General.
(3) If the contravention, abuse or negligence imputed to the
notary or archivist is such as to call for the application of a
punishment heavier than that of admonition and reprimand, the
court shall determine whether there are or not sufficient grounds
  40        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
for further proceedings. In the former case the court, upon
ascertaining summarily on such evidence as it may deem fit to
require, the matter of the complaint, shall order the said application
to be served on the party concerned, allowing him fifteen days
within which to file a statement of defence, by means of a note, and
if such party fails to present such note, or the court considers
insufficient the defence set up by him, the court shall summon such
party to appear before it at the place, day and hour fixed in the writ
of subpoena and shall give notice thereof to the Attorney General.
The person so summoned may appear either personally or by a
special attorney and may be assisted by an advocate and may file
statements of defence.
(4) The court, after hearing the person summoned as aforesaid
or his representative and the Attorney General, if present, shall
dispose of the case.
Seizure of acts and 
deposit thereof in 
the Archives in 
case of death, etc., 
of a notary.
126. (1) On the death of any notary, or, in default of
appointment of a keeper in the case of absence of any notary from
Malta or of the cessation, suspension or incapacitation of any
notary from the exercise of his office in any case under this Act, the
Court of Revision shall order the acts, registers and indexes
existing in the estate of the deceased notary or in the possession of
the notary who is absent or has ceased to exercise his functions or
has been suspended or incapacitated as aforesaid, even if such acts,
registers and indexes were or are in his possession as keeper
thereof, to be seized and deposited in the Archives as provided in
article 70.
(2) For the enforcement of such seizure, the said court may
order the search of any place where it has reason to believe that the
said acts, registers and indexes may be found.
(3) The said court shall have the powers referred to in the
foregoing sub-articles of this article whenever it has sufficient
reason to believe that any notary, on account of insanity or other
infirmity, is unable to exercise his office, notwithstanding that such
notary shall not have yet been incapacitated as provided in
paragraph ( g )   of sub-article (1) of article 14.
(4) In any of the cases referred to in this article, the said court
shall proceed  ex officio  upon information given by any person, after
having, summarily and without delay, ascertained the truth of the
facts brought to its notice, and shall have for such purpose the
power to call witnesses and to examine them on oath.
Person in 
possession of acts 
of deceased notary, 
etc., to give notice 
thereof to the 
registrar  Amended 
by. XIII.1938.4; 
VIII. 1990.3.
127.   Any person having in his possession the acts or registers
of any deceased notary or of any notary who is absent or has ceased
to exercise his office, or knowing that any such acts or registers are
in the possession of any other person, must forthwith give notice
thereof to the registrar of the said court under penalty of a fine
( ammenda ) not exceeding five liri (Lm5), to be awarded by the
Court of Magistrates as court of criminal judicature, at the suit of
the Executive Police or of any other person.
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   41
TITLE II
O F  D ISCIPLINARY  P UNISHMENTS
Disciplinary 
punishments.
128. (1) The disciplinary punishments to which notaries may
be liable for any breach of duty are:
( a ) admonition and reprimand; 
( b ) fine ( ammenda );
( c ) suspension;
( d ) deprivation of office.
(2) Such punishments shall be awarded independently of any
other punishment imposed by any other law and, in all cases,
without prejudice to any action for damages and interest which may
be competent under any other law.
Admonition and 
reprimand.
129.   The punishment of admonition and reprimand consists in
reproaching the notary for the offence committed by him, and
cautioning him against committing another offence.
Offence against 
sec. 29. 
Second part of s.2 
of Ord. VIII of 
1859, 
consolidated.
130.   Any notary who, after having been once admonished by
the Court of Revision of Notarial Acts, commits an offence against
the provisions of article 29, shall, on conviction by such court, be
liable in respect of each such offence to a fine ( ammenda ) not
exceeding fifty cents.
Contraventions 
punishable with a 
fine  ( ammenda ) . 
Amended by: 
XI.1940.4; 
XXXI.1946.10; 
XI.1977.2; 
II.1983.13; 
XIII.1983.5; 
XIX.1988.12.
131. (1) The notary or archivist who contravenes the
provisions of article 11, article 12( d ), article 28(1)( a ), ( i ) and ( k ),
articles 34 to 38, article 44, article 52(1)( a ), articles 53, 54, 55, 58,
60, 62, 64, 68, 69, 100, 103 and 105 shall be liable for every
contravention, to a fine ( ammenda ) not exceeding thirty liri.
(2) The notary who contravenes any other provision of this Act
shall be liable to a fine ( ammenda ) not exceeding fifty cents,
provided that any notary who during his suspension or
incapacitation issues any copy or extract shall be liable to a fine
( ammenda ) from five to twenty liri.
Contraventions 
punishable with 
suspension.
132.   Any notary who -
( a ) is a recidivist in any contravention under article 68; or 
( b ) through negligence, fails to preserve the acts received
by him as provided in this Act; or
( c ) makes opposition to the inspections referred to in
articles 115 and 117 or otherwise renders the same
impossible; or
( d ) offends against the provisions of article 12( a ), ( b ) and
( c ) or of articles 25 and 26,
shall be liable to suspension for a period from one to six months. 
Causes which 
entail temporary 
incapacitation from 
exercise of notarial 
functions.
133.   Any notary -
( a ) against whom any warrant of arrest has been issued; or 
( b ) who has been sentenced for any of the offences
mentioned in paragraph of article 14(1)( f ) by a
  42        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
judgment which has not yet become  res judicata , or
who has been sentenced to be deprived of his office by
a judgment or order which is not yet final and
absolute; or
( c ) who is undergoing any punishment restrictive of
personal liberty on conviction for any other offence, 
shall be temporarily incapacitated from the exercise of his office.
The incapacitation 
of the notary shall 
be declared in 
judgment.
134.   In the case of any of the judgments mentioned in the last
preceding article, the incapacitation of the notary from the exercise
of his office shall be ordered in the judgment.
Incapacitation 
during the course 
of proceedings.
135.   Any notary against whom proceedings for a contravention
against the notarial laws punishable with deprivation of office or
for any of the offences mentioned in article 14(1)( f ) have been
commenced, may be incapacitated from the exercise of his office
by order of the Court of Revision.
Incapacitation 
enforceable 
notwithstanding 
appeal.
136.   The order of incapacitation in any of the cases referred to
in article 133( b ) and ( c ) and article 135 shall be enforceable
notwithstanding any appeal therefrom.
Penalty of 
suspension is 
enforceable 
notwithstanding 
appeal.
137.   Any sentence ordering the suspension of any notary from
the exercise of his office shall be enforceable notwithstanding
appeal, whether such suspension is imposed as an accessory
penalty or as a principal penalty.
Deprivation of 
office.  
Amended by: 
XXXI. 1946.11.
138.   A notary shall be liable to be deprived of his office if -
( a ) he continues to practise during his suspension or
incapacitation, saving the provisions of article 131(2);
or
Cap. 9.
( b ) he has wilfully failed to preserve the acts received by
him or the registers thereof or any other acts or
registers whereof he is the keeper; saving any heavier
punishment prescribed in the Criminal Code; or
( c ) is, for a second time, a recidivist in any of the
contraventions mentioned in article 132( a ) and ( c ) and
article 28(1)( i ).
Cases in which 
deprivation of 
office may be 
ordered by the 
President of Malta. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68.
139.   Any notary who has been sentenced for any of the offences
mentioned in article 14(1)( f ), may be deprived of his office by the
President of Malta unless the deprivation of office has been ordered
in the sentence itself. 
Extenuating 
circumstances.
140.   If in the facts with which the notary is charged there are
extenuating circumstances, the court, having regard to the
particular circumstances of the case, may apply any of the lesser
punishments or even exempt the notary from any punishment.
Relapse. 141.   The offender shall be deemed to be a recidivist if the
second or subsequent contravention is committed by him within
five years of the previous conviction.
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   43
Limitation of 
disciplinary action.
142.   The disciplinary action against any notary for any
contravention under the provisions of this Act, punishable with
admonition and reprimand, fine ( ammenda ), suspension or
deprivation of office, shall be barred by the lapse of five years from
the day on which the contravention was committed.
Punishment of 
notary whose 
conduct is 
derogatory to the 
honour and dignity 
of the profession.
143.   Any notary whose conduct in his practice shall be in any
manner derogatory to the honour and dignity of the profession,
shall be liable to admonition and reprimand, and, if he is a
recidivist, to suspension for a time not exceeding one year.
Any order made 
against any notary 
in criminal matters 
shall be 
communicated to 
the Attorney 
General. 
Amended by: 
XI.1937.12; 
L.N. 46 of 1965; 
LVIII.1974.68.
144.  Every order given by any competent judicial authority
against any notary in criminal matters shall be communicated to the
Attorney General by the Registrar of the Criminal Court.
Application of 
disciplinary 
punishments 
mentioned in this 
Part. 
Amended by: 
XI.1977.2.
145.  The disciplinary punishments mentioned in this Part shall
be applied by the Court of Revision, saving the provisions of article
89.
PART VII 
S UPPLEMENTARY AND  T RANSITORY  P ROVISIONS
Tariff. 
Amended by: 
XXV.1962.3; 
L.N. 4 of 1963; 
L.N. 46 of 1965; 
XXXI.1966.2; 
XXXIV.1979.20;
IX.2000.3.
146.  (1) The fees and other charges payable under the
provisions of this Act shall be those fixed in the Tariff relating to
the Notarial Profession and Notarial Archives in the Schedule
annexed to this Act.
See. s.4 of Ord. 
XIX of 1936 as 
amended by s. 12 
of Ord. XL of 1940 
omitted under the 
S.L.R. Ord. & Act 
of 1936 & 1980 
respectively.
(2) The Minister responsible for notarial affairs may by
regulation add to, or amend, the Schedule to this Act or make any
other Tariff or Schedule in substitution thereof.
Saving. 
incurred under Ordinance No. V of 1855, which is hereby repealed,
or in connection with any breach of the provisions of that
Ordinance, or any proceedings or remedy relating to any such
obligation, liability, penalty or punishment, shall not be affected by
such repeal.
(2) Every other law or custom contrary to or inconsistent with
the provisions of this Act is likewise repealed.
  44        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
Transitory 
provisions 
regarding notarial 
practice. 
  148. The provisions of this Act relating to the practice of the
notarial profession shall be observed, so far as they are applicable,
even by those notaries who commenced to practice under the
provisions of Ordinance No. V of 1855, hereby repealed.
Present notaries 
and Keepers may 
continue to 
exercise their 
office. 
149.   Any notary who under any law hereby repealed was
lawfully entitled to exercise the office of notary as well as any
notary who is at present the keeper of notarial acts and registers
may continue to exercise his office.
Notaries exercising 
the profession of 
legal procurator. 
Amended by: 
XL. 1937.12; 
L.N. 46 of 1965; 
LVIII. 1974.68
150. (1) Notwithstanding the provisions of article 3 any notary
who on the first day of January, 1927 was practising as legal
procurator may continue to practise as such:
Provided that it shall not be lawful for any such notary to
act as legal procurator in lawsuits substantially arising from acts
received by him or to receive acts relating to any lawsuit in which
he has acted as legal procurator; and in case of contravention the
President of Malta, may on the report of the Board referred to in
article 7, disable any such notary either from practising as notary or
from practising as legal procurator.
(2) It shall be the duty of the registrars of the courts of justice
to communicate to the Attorney General any such contravention
which may come to their knowledge.
List of notaries 
entitled to continue 
to practise as legal 
procurators.  
151.   The names of the notaries who may continue to practise as
legal procurators in accordance with the provisions of the last
preceding article shall be published by a notice in the Government
Gazette *  after the expiration of one month from the date of the
commencement of this Act.
Power to make
regulations.
Added by: 
XXXI.1946.12 
Amended by: 
L.N. 4 of 1963; 
XXV. 1962.4; 
XXXI. 1966.2. 
Substituted by: 
II. 1983.14.
Amended by:
IX.2000.3.
152. (1) The Minister responsible for notarial affairs may
make regulations generally for carrying out the provisions of this
Act and in particular but without prejudice to the generality of the
foregoing, may by such regulations:
( a ) provide for the making of duplicate registers of any
original notarial acts lost, destroyed or damaged, and
for the substitution of any register lost, destroyed or
damaged;
( b ) prescribe the mode in which such duplicate registers or
new registers shall be prepared and authenticated;
( c ) prescribe that acts or registers deposited in the
Archives be reproduced by microfilming, and the
mode in which such reproductions are to be made,
stored and made accessible to the public;
( d ) prescribe the manner in which reproductions made by
microfilming and copies thereof may by authenticated; 
( e ) prescribe the fees and other charges to be levied and
paid in respect of anything done under the foregoing
provisions;
( f ) provide for any matter incidental or supplementary to
* See  Government Notice No. 348 of 1927.
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   45
any of the foregoing provisions.
(2) Any duplicate register or new register made in accordance
with regulations made under sub-article (1) or under the Duplicate
Register of Notarial Acts (Emergency) Regulations, 1942, shall for
all intents and purposes, replace the original acts or registers.
Amended by: 
G.N. No. 204 of 
1927; 
G.N. No. 90 of 
1928;
G.N. No. 352 of 
1936; 
G.N. No. 140 of 
1940; 
G.N. No. 434 of 
1940; 
XXXI. 1946.13; 
G.N. No. 313 of 
1949; 
G.N. No. 205 of 
1954; 
L.N. 46 of 1965; 
L.N. 56 of 1970; 
XXX. 1973.11; 
L.N. 77 of 1980; 
XIII. 1983.4; 
L.N. 70 of 1987; 
L.N. 74 of 1988;
L.N. 227 of 1997;
IX.2000.3;
L.N. 186 of 2000;
L.N. 173 of 2001;
L.N. 429 of 2003.
SCHEDULE 
Articles 81(3), 101(1), 104(1) and 146(1)
TARIFF RELATING TO THE NOTARIAL PROFESSION AND 
NOTARIAL ARCHIVES
PART I
F E E S  A N D  A C C E S S O R Y  C H A R G E S  P A Y A B L E  T O  N O T A R I E S
l. The notary shall, in respect of acts received or
authenticated by him, and of other professional services, be entitled
to the fees and accessory charges and the reimbursement of
expenses as hereunder:
( a ) a fixed fee for acts of indeterminable value; 
( b ) a fee proportionate to the value of the act;
( c ) a fee for acts prepared at the request of the parties and
remaining unexecuted;
( d ) a fee for copies, extracts, searches, translations,
inspections, reading and collation of acts;
( e ) a fee for other services rendered by the notary at the
request of the parties or in pursuance of an order of
any judicial authority;
( f ) accessory charges and reimbursement of expenses. 
I. Fixed Fees
Lm c m 
2.   Public Wills:
For dispositions containing the institution of heir
and the customary dispositions for the funeral rites,
at the discretion of the notary having regard to the
circumstances of the testator   ...........................from   1.00,0
to  3.00,0 
in addition to the following fees:
Where the will contains more than one institution
or substitution, for each............................................. 25,0 
For every foundation............................................. 50,0
For every foundation secured by hypothec ...........  75,0
  46        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
Lm c m 
For the repeal of previous dispositions .................. 25,0
For every legacy of an indeterminable value .......... 30,0
For every legacy -
Where the value does not exceed Lm20 .................  30,0 
Where the value exceeds Lm20 but does not
exceed Lm50  ........................................................... 50,0
Where the value exceeds Lm50 - for every further
Lm20 or part thereof ................................................. 15,0 
Where the legatees are two or more, as many fees
are due as there are legatees.
For the appointment of an executor ....................... 25,0 
For the appointment of a tutor or curator ............... 25,0
For every declaration ............................................ 25,0 
For every declaration verified on oath by the
testator ..................................................................... 25,0 
3.   Secret Wills:
For the drawing up of a secret will by the notary,
the fees shall be the same as those specified in
paragraph 2 in respect of Public Wills.
For the act of delivery of a secret will including
the copy to be kept in the minute-book of the
notary’s acts ............................................................. 2.00,0
For the publication of a secret will (in addition to
the expenses and accessory charges) ......................... 2.00,0
4.  Deed of foundation, where the value is
indeterminable ......................................................... 1.50,0
5. Deed of adoption, emancipation or
acknowledgment of an illegitimate child - 
For each person adopted, emancipated or
acknowledged ........................................................ 1.50,0
6.  Marriage contract containing settlement of
dowry of an indeterminable value, variation or
counter-declaration in connection with a marriage
contract, personal separation or separation of
property between husband and wife, cessation of the
community of acquests .............................................  2.25,0
7. Marriage contract without any settlement of
dowry or promise of dower ....................................... 1.50,0
8.  Donation, compromise, community or partition
of movables or immovables, where value is
indeterminable ......................................................... 1.50,0
9.  Deposit of movable things of an indeterminable
value, receiving back same from the depository ........ 1.50,0 
10.  Presentation to a particular benefice or
donation of the right of advowson, whatever the
number of patrons taking part in the deed .................. 1.50,0 
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   47
Lm c m 
11.  Renunciation on the taking of religious vows ... 2.25,0
12.  Deed of partnership where value is
indeterminable ................................................. from 1.50,0
to 4.50,0
13.  Acknowledgement of the grantee in any sub-
emphyteutical grant ..................................................  75,0 
14.  Protest of bill of exchange:
 For any amount to Lm100 ............................. 75,0
For any amount exceeding Lm100 but not
Lm500............................................................ 1.20,0
 For any amount exceeding Lm500 ...................  1.50,0
15.  Appointment of arbitrators .............................. 90,0
16.  Deed of ratification, where value is
indeterminable ......................................................... 1.15,0
17.  ''Act of notoriety'' ............................................ 1.15,0
18.  Enrolment of documents (in addition to the
fees in respect of the annexes) .................................. 75,0
19.  Promise of marriage ........................................ 75,0
20.  Certificate in proof of life or existence of a
person ...................................................................... 65,0
21.  Renunciation or postponement of hypothecary
rights, where value is indeterminable ........................ 65,0
22.  ( a )   Any declaration or covenant ...................... 75,0
      ( b ) Any declaration verified on oath ................ 65,0
23.  For every jurat ................................................ 62,5
24.  Act of consent ................................................. 75,0
25.  For the drawing up of a power of attorney,
including any necessary authentication of signature
or marks ........................................................... from 
 
1.00,0       
to  3.00,0
26.   Authorization or consent -
if it relates to only one matter ........................  65,0
if it relates to several matters ......................... 90,0 
if given in general terms by husband to wife
or by father to son exercising trade ................ 1.50,0 
27.  Deed of discharge in general terms, where
value is indeterminable ............................................. 1.50,0
28.  For every other act, where value is
indeterminable ......................................................... 1.50,0
29.  For authentication of signature or cross-marks
affixed on any writing containing any act or
agreement of any indeterminable value ..................... 25,0
  48        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
Where the writing is drawn in two or more originals
or contains two or more distinct authentications, the
said fee shall be increased by twenty-five cents for
each additional original or authentication.
II. Fees Proportionate to the Value
  30.  For any deed of transfer, under any title, or any
immovable property, creation of an annuity, usufruct,
use, habitation, easement, assignment, settlement of
dowry, emphyteusis or sub-emphyteusis, fees shall
be charged according to the value as follows:
For the first amount not exceeding Lm 1,000 ......... 1½%
For any additional amount over Lm 1,000 but not
exceeding Lm30,000 ................................................ ½%
For any additional amount over Lm30,000 - Lm2.10,0, for every
Lm1,000 or fraction thereof.
Two-thirds of the said fees shall be charged for any deed of
transfer of movable property, loan, acknowledgement of debt,
surety, hypothecation by separate deed or substitution of dowry.
The said fees shall be due even if the deed is subject to a
suspensive condition.
In the case of deeds of exchange, the said fees shall be assessed
on the portion of immovables or movables exchanged which has
the greater value.
In the case of deeds of creation of an annuity or of emphyteusis or
sub-emphyteusis, the said fees shall be calculated on the value
resulting on capitalising the annual amount of the annuity or
ground-rent respectively at three per cent: provided that in the
case of a temporary emphyteusis or sub-emphyteusis, such fee will
be reduced by one-half where the period for which the
emphyteusis or sub-emphyteusis is being granted or extended does
not exceed thirty years.
In the case of a deed of suretyship or hypothecation accessory to
any obligation arising from a separate deed, the said fees shall be
calculated on the value of such obligation.
For any deed of transfer of any grave, site or space
at a cemetery ............................................................ 1.00,0
31.  The fees specified in paragraph 30 shall also be due in
respect of -
any deed of reduction or redemption of an annuity, on the value
of the amount reduced or redeemed capitalised at 3%;
any deed of reduction or redemption of ground-rent or of
emphyteutical renunciation, on the value of the amount of ground-
rent reduced or redeemed, capitalised at 3% or on the value of the
consideration for such renunciation;
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   49
any deed of partnership or community of property, on the value
of the things brought into the partnership or placed in community,
but so that in no case shall the fee be of less than Lm 1;
any deed of partition, on the value of the mass without
deduction of the debts;
any deed of compromise, on the value of the things forming the
subject matter thereof;
any deed of settlement of dowry, on the value of the dowry; 
any deed of contract work or  locatio operis , on the price of the
work reduced to one-third, but so that in no case shall the fee be of
less than Lm 1;
any deed of promise of dower or of securement of the dower or
dowry, on the amount of the dower or, as the case may be, on the
value of the things assigned in securement of the dower or dowry;
any deed of liquidation or inventory, on the value of the mass
without deduction of the debts. In any such case, however, the fee
shall be reduced to one-half, but so that in no case shall the fee be
of less than Lm1;
any deed of letting and hiring, on the total amount of rent
payable reduced by one-half, but so that in no case shall the fee be
of less than Lm 1;
any deed of pledge or antichresis, on the amount of the debt
secured by the pledge or antichresis reduced by one-half but so
that in no case shall the fee be of less than Lml;
any deed of deposit of any sum, stock, or other things or of
delivery of same, payment, enlargement of the time for payment,
receipt, consent for the postponement, subrogation, reduction or
cancellation of a hypothec, payment or delivery of possession of a
legacy, rectification, rescission or dissolution of any other deed,
acknowledgement of an assignment of a debt, promise of
alienation or loan; in any of these cases the fee shall be reduced to
one-third but shall in no case be of less than fifty cents provided
that in the case of deeds of cancellation of hypothec relative to
deeds of contract of works or  locatio operis , such fee shall in no
case exceed Lm 1.
32.  Where any matter referred to in paragraphs 30 and 31 can
form the object of a private writing, for the authentication of
signatures or cross-marks affixed on any such writing there shall
be charged the fee specified in those paragraphs reduced to one-
half, provided that no extra fee shall be charged for the drawing up
of the private writing, if it was drawn by the notary, and that the
fee shall not in any case be less than twenty-five cents.
  50        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
Provided also that if the writing is drawn up in two or more origi-
nals, or contains two or more distinct authentications, there shall
be charged in addition to the said fee, a fee of twenty-five cents
for each additional original or authentication.
III. Fees for Acts or Private Writings prepared at the request 
of the parties and remaining unexecuted or unsigned
33.  For any act or private writing prepared by the notary at the
request of the parties and remaining unexecuted or unsigned for
any cause not attributed to him, the notary shall be entitled to two-
thirds of the fee which would have been due to him for the
execution of such act or for the signing of such private writing, in
addition to the reimbursement of any expense incurred by him.
IV. Fees for Copies, Extracts, Searches, Translations, 
Inspections, Reading and Collation of Acts
34.  For copies and extracts legalised by the notary, there shall
be charged a fee of ten cents for every page containing about one
hundred written words besides a transcription fee of five cents for
every such page.
Every page whereon five lines have been written (exclusive of
the date and signatures) shall be deemed to be a full page.
The said fee shall in no case be less than twenty-five cents.
For any copy or extract not legalised by the notary, even though
prepared by the parties, and for any precis of an act, the said fee
shall be reduced to one-half, provided that it shall in no case be of
less than fifteen cents.
35.  For the certifying or attesting of the accuracy of copies or
extracts from books or documents produced by the parties as
provided in paragraph ( g )   of sub-article (2) of article 2 of the
Notarial Profession and Notarial Archives Act there shall be
charged a fee of twenty-five cents in addition to the fee under the
last preceding paragraph.
36.  For any certificate attesting any transition in terms of
paragraph ( h ) of sub-article (2) of article 2 of the said Act, there
shall be charged a fee of forty cents in addition to the fee of fifty
cents for every page of about one hundred words to be translated.
37.  For a search of a deed where only the year in which it was
received is indicated, a fee of five cents shall be payable to the
notary; where the search extends over two or more years, a fee of
five cents shall be due in respect of the first year, and a fee of five
cents in respect of each subsequent year to which the search
extends.
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   51
Cap. 12.
in the court of voluntary jurisdiction the notary shall be entitled to
the same fees as are payable to advocates under Tariff E in the
Schedule annexed to the Code of Organization and Civil Procedure.
Cap. 239. *
Cap.12.
40 . For the drawing up of the notice of any succession or other
transfer chargeable with duty under the Death and Donation Duty
Act* the notary shall be entitled to the same fees as an advocate
would be entitled to under Tariff E in the Schedule annexed to the
Code of Organization and Civil Procedure.
41 . For any other work or service performed by the notary at the
request of the parties or in pursuance of any order of any judicial
authority, the fee due to the notary shall, in case of dispute, be
taxed by the court of voluntary jurisdiction, or, as the case may be,
by the court making the said order, regard being had to the nature
of the work or services performed by the notary.
If the search extends to all acts received by the notary, there
shall be charged a fee of five cents for each year.
38.  For the inspection and reading of an act, a fee of five cents
shall be due.
If the act, at the request of the parties, is read over to them by
the notary, the said fee shall be doubled.
No fee shall be charged for the inspection of the act, if the party
orders or makes a copy or extract thereof or therefrom.
The same fees as aforesaid shall be due for the collation of the
copy or extract with the original act where such collation is
required by the parties after the copy or extract has been
authenticated by the notary.
Where the collation, at the request of the parties, is to be made
with an act deposited in the Archives, in addition to the said fee,
the notary shall be entitled to an extra fee for attendance and to
another fee calculated at the rate of 10c0 for every half an hour of
the time employed in the work.
For the drawing up of an act in a language other than the
Maltese or the English language, including the translation of such
act into Maltese or English as required by law, the notary shall be
entitled to the fee payable in respect of the act increased by 30%. 
V. Fees for other services rendered by a Notary at the request 
of the parties or in pursuance of an order of any Judicial 
Authority 
*Repealed by Act XVI of 1993.  See  the Duty on Documents and Transfers Act (Cap. 364).
  52        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
.
43.  For the registration of acts and annexes as provided in article
58 of the Act already referred to, the notary shall be entitled to a
fee of five cents for every page.
44.  For the drawing up of any note of enrolment of a public will,
of the opening of a secret will, of a renunciation made on the taking
of monastic vows, of an endowment, of a marriage contract without
the conveyance of immovables, of a counter-declaration to a
marriage contract, of personal separation and cessation of the
community of acquests, and for any other note relating to any
notarial deed where the value involved is not ascertainable, the
notary shall be entitled to a fee of 25c0.
For the drawing up of any note of reference to an assignment or
reduction, the notary shall be entitled to a fee of 75c0, in addition
to a transcription fee of 5c0 for every 100 words copied in such
note.
For the drawing up of any note of cancellation, the notary shall be
entitled to a fee of 25c0, in addition to a transcription fee of 5c0 for
every 100 words copied in such note.
For the drawing up of any note of enrolment of any deed, where the
value is ascertainable, or of any note of registration or renewal of
registration of any privilege or hypothec, the notary shall be
entitled to the following fees on the basis of the value involved in
the case of enrolment, or of the amount of the debt in the case of
registration or renewal of registration:
VI. Accessory Charges
42.  Where for the performance of his functions the notary has to
leave his office or any of his offices, in addition to the
reimbursement of all travelling and board and lodging expenses,
he shall be entitled to the following fees:
If the place to which he has to travel is at a
distance not exceeding eight kilometres from his
office or, as the case may be, his nearest
office........................................................................  50,0
If the distance exceeds eight kilometres, but does
not involve travelling between two islands ................ 1.00,0
If the notary has to travel between two islands .......  3.00,0
If the notary’s attendance is required at night-time,
the said fee shall be doubled.
"Night-time" means the time between the hours of 7 p.m. and 8
a.m. during the period from the 1st day of October to the 31st day
of March, and the time between 8 p.m. and 7 a.m. during the
period from the 1st day of April to the 30th day of September.
No fee shall be due for attending at the Public Registry or the
court of justice for the purpose of filing any note.
Lm c m
where the value or the amount of the debt does not exceed Lm50  15,0
where it exceeds Lm50 but does not exceed Lm100 .................... 20,0
where it exceeds Lm l00 but does not exceed Lm250 .................. 25,0
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   53
PART II
FEES PAYABLE IN THE NOTARIAL ARCHIVES
46. (i) For any informal photocopy of any notarial act or part
where it exceeds Lm250 but does not exceed Lm500 .................. 30,0
where it exceeds Lm500 but does not exceed Lm750 .................. 50,0
where it exceeds Lm 750 but does not exceed Lm1,000 ............... 60,0
where it exceeds Lm1,000 but does not exceed Lm2,500 ............. 75,0
where it exceeds Lm2,500 but does not exceed Lm5,000 ............. 1.00,0
where it exceeds Lm5,000 but does not exceed Lm7,500 ............. 1.65,0
where it exceeds Lm7,500 but does not exceed Lm10,000 ........... 1.50,0
where it exceeds Lm10,000 an initial fee of ................................ 1.50,0
and in addition fifteen cents in respect of each Lm1,000 or part
of Lm1,000, over and above the first Lm10,000.
For every note for enrolment relating to an annuity or a pension
or for registration or renewal of registration of a privilege or
hypothec in respect of a debt which is an annuity or pension, the
fees laid down in the foregoing scale shall be levied in the
following manner, viz:
  ( a )  if the annuity is constituted in perpetuity or for twenty
years or more, or for an indefinite period, the fee is to be
assessed on the total amount payable during the period of
twenty years;
  ( b ) if the annuity is constituted for a definite period under
twenty years, the fee is to be assessed on the total amount
payable during such period;
  ( c ) if the annuity is constituted for the life or lives of any
person or persons, the fee is to be assessed on the total
amount payable during the period of twelve years.
For the drawing up of any note referred to in article 47 and 49
of the Act already mentioned or of any other note, a fee of fifteen
cents shall be due to the notary.
For every annotation in the margin of an act required or
ordered under the provisions of the said Act, the notary may
charge a fee of ten cents.
VII. General Provisions
45.  In any case not expressly provided for in the foregoing
provisions of this Tariff, the fee payable shall be assessed by
analogy to other cases expressly mentioned in those provisions.
The fees chargeable under this Tariff shall not be subject to
rebate by reason of the acts not having been drawn up by the
notary by whom they are received or of their being drawn up on
printed forms.
  54        CAP. 55. _h       NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
thereof deposited in the Archives, there shall be
charged a fee of thirty cents for every page; sohowever
that informal photocopies of any such acts which are
requested by persons who are making researches for a
purely historical, literary or scientific purpose and who
are authorised as such in virtue of item 49 hereof, shall
be charged at the reduced rate of five cents per page,
up to a maximum of three hundred pages of copies in
any one year.
(ii) For any informal copy, to be executed in handwritten
or type-written form whenever this is deemed possible
by the Archivist, of any notarial act or part thereof
deposited in the Archives, there shall be charged a fee
of fifty cents per page of about one hundred words.
(iii) Where any such photocopies or copies are to be
authenticated by the Archivist, the fee payable shall be
increased by twenty cents per page in all cases;
provided that where any copies to be authenticated are
prepared by third parties, the fee to be charged for
their authentication shall be fifty cents per page of
about one hundred words.
(iv) Where in the preparation of type-written or hand-
written copies, experts are needed for the transcription
and/or deciphering of the origina1 document, the fees
payable to such experts shall be charged in addition to
the fees abovementioned.
47. For the inspection or perusal of any notarial act kept in the
Archives a fee of twenty-five cents shall be charged, whereof
twenty cents shall be kept by the Archives and five cents shall be
payable to the Keeper or Archivist of such act in accordance with
the provisions of article 104 (1).
No fees shall be levied for the inspection of any act if the
party orders a copy or extract thereof or therefrom. Provided that if
at the request of a person, a notarial act is read to that person by a
member of the staff of the Archives, a fee of thirty cents for every
half-hour or part thereof so occupied, shall be charged.
No fee shall be payable by a notary who inspects or reads
acts received by him or by a notary of whose acts he is Keeper, but
such Notary shall pay the fee due for copies if he orders a copy
thereof.
48. For the search of any act whereof the Archivist is Keeper, a
fee of ten cents shall be payable to the Archivist in respect of each
year to which the search extends.
49. No fee shall be charged for the inspection or reading of any
act or for any search made for a purely historical, literary or
scientific purpose, by any person specially authorised in that behalf
by the Minister responsible for notarial affairs or by the Permanent
Secretary in the Ministry responsible for notarial affairs as
delegated by the said Minister for this purpose, with the advice of
the Notarial Council and the Archivist:
              NOTARIAL PROFESSION AND NOTARIAL ARCHIVES     _g CAP. 55.   55
Provided that such authorised persons are to submit a copy or
report of the results of their searches every year to the Archives and
another copy or report to the National Council, failing which the
research facilities may be withdrawn..
50. Where the Archivist is required to attend at any place
outside the Archives in connection with the removal of any act
therefrom a fee of five liri shall be paid to the Archives by the
person in whose interest the act shall have been so removed. 
PART III
FEES PAYABLE TO EXPERTS AND INTERPRETERS
51.  The fees payable to any paleographer, photographer or other
special expert for services rendered under article 77 of the Act, and
the fees payable to any interpreter shall be taxed by the notary or
the archivist, as the case may be, by agreement with the parties,
before the execution of the work by the paleographer, photographer
or expert or before the employment of the interpreter.
In case of dispute the said fees shall be taxed by the court of
voluntary jurisdiction, regard being had to the particular
circumstances.
