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were restored to German hands, and Sweden's connection with the Roman Empire ceased.

Finland (which for six and a half centuries formed part of Sweden) passed finally in 1809 to RUSSIA (q.v.), and the Treaty of January 14, 1814 (Hertslet's State Papers, vol. i. p. 194), provided for the transfer of Norway from the Danish crown to that of Sweden. Under the Convention of August 14, 1814 (ibid., vol. i. p. 924), the Norwegian and Swedish crowns were accordingly united, but Norway remained an independent kingdom with its own constitution. In 1864 the duchies of Schleswig and Holstein were wrested from Denmark by Prussia and Austria, and have since the conclusion in 1866 of the quarrel over their division formed a province of Prussia (see GERMAN EMPIRE). The 1814 union of the crowns of Sweden and Norway was dissolved by Agreement of October 26, 1905, and Haakon VII. became King of Norway.

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Constitution. The constitution dates from May 17, 1814 (Hertslet's State Papers, vol. i. p. 926), but has been subsequently much modified, lastly, as stated, by the severance of the crown from that of Sweden. The executive authority is vested in the King, who acts through a Council of State, consisting of a Minister of State and not less than seven Councillors of State. The legislative authority is vested in the Storting, which represents the people, meeting annually. The Storting consists of 123 members (of whom forty-one represent the towns and the rest the rural districts), elected directly for three years by all Norwegian citizens of twenty-five years of age, who have resided for five years in Norway and are not specially disqualified. Members must be thirty years of age, have resided ten years in the country, be voters in the district from which they are chosen, and receive an allowance besides travelling expenses. Former Councillors of State can become members of the Storting without having any residential qualification. The Storting is composed of two houses, the Lagting and the Odelsting. The Lagting consists of a quarter of the members of the whole Storting and acts as a chamber of revision, simply accepting or rejecting laws passed in the Odelsting. If the two houses disagree they assemble in common, and the final decision is by a majority of two-thirds of the voters. No alteration can be made in the constitution except by the same majority in the combined houses. The Lagting and the judges of the Supreme Court form a High Court of Justice (the Rigsret) for the impeachment and trial of ministers, judges of the Supreme Court of Justice, and members of the Storting. The Odelsting consists of three-quarters of the whole Storting, and its functions are to initiate legislation, inspect public accounts, revise the Government, and impeach persons before the Rigsret.

Local Government.-For administrative purposes Norway is divided into twenty counties, each administered by an Amtmand or chief executive functionary. The towns of Christiania and Bergen form counties by themselves. There are forty towns, twenty-three ports, and 568 rural communes. The communes are governed by a body of representatives and a council formed of one quarter of the representatives. Triennially the representatives elect a chairman and deputy-chairman. The chairmen of all the rural communes of a county form with the Amtmand (who presides), a county diet, meeting annually to settle the budget of the county. The towns and ports together form sixty-one communes, and are administered in much the same way as the rural communes. The electoral qualifications are the same as for the Storting, save that women have a limited suffrage granted to them since 1901.

Laws. The Civil Code of Norway dates from 1687, though it has been considerably modified subsequently. There are also a Code of Criminal Procedure, 1887; a Penal Code, 1902; a Military Penal Code, 1902; and a Maritime Code, 1893.

Courts of Lau.-The Supreme Court of Justice is constituted by a president and six other judges. There are three superior Courts, constituted by a Chief Justice and two other judges, and a Court of Mediation exists in each town and district, composed of two persons chosen by the electors, before which civil cases, as a general rule, must first be brought. There are besides 105 Courts of First Instance, of which twenty-five are in towns and eighty in the rural districts. All criminal cases, not military or cases of impeachment before the Rigsret, must be tried either by jury (" Lagmandsret ") or "Meddomsret." The Lagmandsret is constituted by three judges and ten jurors, taking cognisance of more serious offences, and there are circuits at which Courts are held at fixed times. The Meddomsret is constituted by a judge and two assessors summoned for each case, and takes cognisance of other offences, and is a Court of First Instance as well.

Application of Imperial Acts. As early as 1672 an Act (25 Car. II. c. 7, s. 8; rep. S. L. Rev. Act, 1863) was passed providing for free trade between the United Kingdom and Norway, Sweden and Denmark. Norway acceded to the Berne Copyright Convention (see article COPYRIGHT, Vol. III. p. 368), and to the Industrial Property Convention of 1883 (Hertslet's State Papers, vol. lxxiv. p. 44), which governs PATENTS (q.v.), trade marks, and copyright in designs. Anglo-Norwegian relations as to these matters are regulated by Orders in Council (St. R. & O., Rev. 1904, vol. ii., "Copyright," p. 12; ibid., vol. ix., "Patents, etc.,' p. 6).

EXTRADITION (q.v.) with Norway is, under Orders in Council, regulated by Treaty of June 26, 1873, with Sweden and Norway (ibid., vol. v., "Fugitive Criminal," p. 251), continued in force as to Norway by Agreement of February 18, 1907 (St. R. & O., 1907, p. 271), which also extended the list of extradition crimes under the 1873 Treaty.

As to ships and shipping, provision was made by Order in Council of August 18, 1852 (St. R. & O., Rev. 1904, vol. viii., “Merchant Shipping," p. 86), for the apprehension and carrying back to their ships of seamen deserting from Norwegian ships in any part of His Majesty's dominions; by Order in Council of October 25, 1881 (ibid., p. 71) it was provided that unauthorised persons going on board Norwegian ships before discharge of the seamen should be punished; and by the Agreement of July 12, 1881 (Hertslet's Treaties, vol. xv., p. 364), provision was made for the interchange of facilities between the Imperial Government and Norway for the relief of distressed seamen. Norway has adopted the existing British rules for the measurement of sailing and steamships' tonnage, and it is accordingly provided by Order in Council of July 27, 1894 (St. R. & O., Rev. 1904, vol. viii., "Merchant Shipping," p. 15), that Norwegian ships need not be remeasured in any port or place in His Majesty's dominions, but that their certificates of registry shall be evidence of their tonnage. The British Regulations of 1896 for preventing collisions at sea apply to Norwegian ships, whether within British jurisdiction or not (ibid., p. 268).

An International Telegraph Convention (Hertslet's Treaties, vol. xiv. p. 95) was held at St. Petersburg, July 10-22, 1875, and, in accordance with the Imperial Telegraph Act, regulations (St. R. & O., 1906, pp. 735

763) have been made, which in the case of Norway extend to press telegrams.

[See The Statesman's Year-Book.]

Notaires under French institutions do not correspond to the notary public under English law. Protests, for instance, are made in France by huissiers (q.v.), who also do all "noting" (constatation) of facts. The notaire, on the other hand, has under French practice almost the monopoly of conveyancing, and it is he who takes the place of the family solicitor.

Notary; Notary Public.-1. "The general functions of a notary are to receive acts and contracts to which the parties must give, or desire to give, an authentic form; to confer on such acts or contracts the required authenticity to establish their dates; to preserve originals or minutes of acts, which, when prepared in the style and with the seal of the notary, acquire the name of original acts;' and to give authentic copies of, or authentic extracts from, such acts." The office of a notary is thus described by the only English text-writer upon the subject (Brooke, 1901 ed., Cranstoun, p. 23), but the description more accurately applies abroad than in England. By commercial usage, now embodied in the law, the intervention of a notary is in some cases necessary, and in others advantageous, in the proceedings consequent upon the dishonour of a bill of exchange (see PROTEST). He may also act in the preparation of wills and contracts and other documents for the parties, but this work is far more commonly performed by a solicitor. In continental countries the notary occupies a more important position. He is resorted to whenever a solemn record of a transaction is desired; and a formal statement of any transaction stated to have been done before him, sealed with his notarial seal, is, it is believed, regularly accepted as the proper evidence of the transaction (cp. below, 3). It follows from this practice that the seal and certificate of a notary in England is often desirable to authenticate a document, or to record an event where the document is to be used, or the event relied on abroad. The chief business in England of a notary consists in noting and protesting bills of exchange (see PROTEST), certifying acts of honour (see HONOUR), and in authenticating and certifying copies of documents and preparing and attesting instruments going abroad. A power of attorney, for example, intended to be acted upon abroad, is usually acknowledged by an attesting witness before a notary, and a "notarial act" is drawn up embodying a copy of the power. Further, English merchants frequently accept a notarial act or certificate, whether that of an English or a foreign notary, as sufficient evidence of something done at a distant place in cases where it has no legal validity (see PROTEST, Ship). The notary is thus "a sort of international officer" (Brooke).

[A duplicate of the notarial instrument made out at any time from the original or protocol in the notarial book, is equivalent to an original drawn up at the time of entry in the book (Geralopulo v. Wieler, 1851, 20 L. J. C. P. 105).]

2. A notarial act consists of three parts: first, the title, statement of the time and place, and the name of the notary and witnesses; secondly, the stipulation or other transaction which is the subject of the act, for example, a copy of a power of attorney executed or acknowledged before

the notary; and, thirdly, a statement that the act has been read to the parties and approved and signed by them, and of the notary's signature and seal (Brooke, p. 61).

It is the duty of a notary to keep a record of the transactions in which he is employed. The protesting and noting of bills of exchange, for instance, ought to be entered in his noting-book.

3. English Courts do not, in general, take judicial notice of a notary's seal, or accept a notarial certificate as evidence of the facts certified (Earl's Trusts, 1858, 4 Kay & J. 300; 70 E. R. 126; Taylor on Evidence, 1906 ed., p. 10; Brooke, p. 63). 'According to the law of England, the mere production of a certificate of a notary public, stating that a deed had been executed before him, would not in any way dispense with the proper evidence of the execution of the deed," even though the execution took place in a country where the local law was otherwise (per Lord Cairns in Nye v. Macdonald, 1870, L. R. 3 P. C., at p. 343). But all examinations, affidavits, declarations, affirmations, and attestations of honour in causes or matters depending in the High Court, and also acknowledgments required for the purpose of enrolling any deed in the Central Office, may be sworn or taken in Scotland, Ireland, the Channel Islands, or any colony or foreign country, before any judge, Court, or notary public, or person there authorised to adminster oaths, or before any British consul or vice-consul; and judicial notice is to be taken of the seal or signature of the judge, notary, or other person aforesaid attached to such examination, etc., or to any other deed or document (Order 38, r. 6, following 15 & 16 Vict. c. 86, s. 22; see Cooke v. Wilby, 1884, 25 Ch. D. 769). Under the section cited, the Court has taken judicial notice of the seal and signature of a colonial notary attesting a deed not intended for use in any action (Brooke v. Brooke, 1881, 17 Ch. D. 833). It appears that where an affidavit is sworn before a foreign notary, evidence verifying both his authority and his signature is necessary (In re Davies, 1869, L. R. 8 Eq. 98); see, however, Hayward v. Stephens, 1866, 36 L. J. Ch. 135, [a case in which a power of attorney made in New Zealand to take a fund out of Court in England, executed before a notary public, was accepted without an affidavit verifying the notarial seal. An affidavit sworn in Germany before a notary attested by the seal of the British Consulate was allowed to be used, though there was no statement that the notary was qualified to administer oaths according to German law (In re London Asphalte Co., 1907, 23 T. L. R. 406).] See also the note in the Annual Practice to Order 38, r. 6; Commissioners for Oaths Act, 1889, 52 Vict. c. 10, s. 3; and Seton on Decrees, 6th ed., pp. 237 et seq.).

4. Admission to act as a notary is governed by the Acts 41 Geo. III. c. 79; 3 & 4 Will. IV. c. 70; and 6 & 7 Vict. c. 90. The appointment of notaries is by the Archbishop of Canterbury, through the Master of the Court of Faculties (Phillimore's Ecclesiastical Law, 2nd ed., p. 945). Solicitors who have served no apprenticeship may be admitted to practise beyond ten miles from the City of London (3 & 4 Will. iv. c. 70, s. 2), but in other cases a five years' apprenticeship to a notary, or notary and solicitor (6 & 7 Vict. c. 70, s. 1), is necessary (ibid., s. 3); and in the City of London and within three miles thereof, Westminster and Southwark, a notary must also be a freeman of the Scriveners' Company. Unadmitted persons are forbidden to practise as notaries for reward, under a penalty of £50 (6 & 7 Vict. c. 90, s. 10).

5. Every British ambassador, envoy, minister, chargé d'affaires,

secretary of legation, consul, vice-consul, and consular agent, acting in any foreign place, may there administer any oath, or do any notarial act which any notary public may do in the United Kingdom. [See Ex parte Magee, 1885, 15 Q. B. D. 332 (bankruptcy proceedings)]; 52 Vict. c. 10, s. 6.

6. Every notarial act, except a protest of a bill of exchange (see PROTEST), must have a 1s. stamp (Stamp Act, 1891, sched.), which may be an adhesive stamp (ibid., s. 90).

7. A notary is also an ancient official of the Ecclesiastical Courts, corresponding to a registrar. "A judicial register of records made by him is evidence in every Court according to the civil and common law" (Phillimore's Ecclesiastical Law, p. 950).

[Authorities.-Brooke's Office of a Notary, 1901 ed. (Cranstoun); Phillimore's Ecclesiastical Law, 2d ed., 1895, p. 945.]

Note of Hand.-See PROMISSORY NOTE.

Notes verbales (dipl.) are written communications from Governments through their diplomatic agents to other Governments. Negotiations are generally carried on by notes verbales, which are unsigned, and considered merely as tentative until they result in an understanding.

Not Guilty.-Under the old common-law system of pleading, there were a series of pleas classed together as the general issue, viz., in actions of contract (1) nunquam indebitatus; (2) non assumpsit; (3) non est factum (see PLEADING, Before the Judicature Acts); and in actions of tort (4) non detinet (in detinue); (5) non cepit (in replevin); and (6) not guilty in other cases.

The right to plead "not guilty" was extended by many particular statutes, to actions in respect of acts done under or by colour of the

statute.

Until 1853 the common-law plea of not guilty had not the effect of a mere traverse or contradiction of the averments in the declaration; but amounted to a general denial of the defendant's liability, putting the plaintiff to the strictest proof, and entitling the defendant to raise almost every kind of defence in law or fact.

Under the Common Law Procedure Acts and Rules, the plea, while not abolished, was reduced to a mere traverse, and the defendant was required to set up any special matter on which he relied, and under the Judicature Acts and Rules the common-law plea of not guilty has

been abolished.

These changes did not apply with reference to pleas of not guilty by statute, which remained unaffected, the defendant merely being required to state in the margin of his defence or plea the statute on which he relied, and being prohibited from joining, save by special leave, any other defence with that of not guilty by statute (R. S. C., 1883, Order 19, r. 21; Order 21, r. 19). By the Public Authorities Protection Act, 1893, 56 & 57 Vict. c. 61, s. 2 (c), the right to plead the general issue in an action or proceeding under any public general Act, to which that Act applies, was wholly abolished, and a specific repeal was effected of many particular clauses in such Acts. By Pollock's Act, 5 & 6 Vict. c. 97, s. 3, all provisions in all acts of a local and personal nature (whether public or not) permitting the pleading of the general issue were repealed.

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