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Bouvier's Law Dictionary, Revised 6th Edition (1856)

NOTARY or NOTARY PUBLIC. An officer appointed by the executive, or other
appointing power, under the laws of different states.
2. Their duties are generally prescribed by such laws. The most usual
of which are, l. To attest deeds, agreements and other instruments, in order
to give them authenticity. 2. To protest notes, bills of exchange, and the
like. 3. To certify copies of agreements and other instruments.
3. By act of congress, Sept. 16, 1850, Minot's Statutes at Large. U. S.
458, it is enacted, That, in all cases in which, under the laws of the
United States, oaths, or affirmations, or acknowledgments may now be taken
or made before any justice or justices of the peace of any state or
territory, such oaths, affirmations, or acknowledgments may be hereafter
also taken or made by or before any notary public duly appointed in any
state or territory, and, when certified under, the hand and official seal of
such notary, shall have the name force and effect as if taken or made by or
before such justice or justices of the peace. And all laws and parts of laws
for punishing perjury, or subornation of perjury, committed in any such
oaths or affirmations, when taken or made before any such justice of the
peace, shall apply to any such offence committed in any oaths or
affirmations which may be taken under this act before a notary public, or
commissioner, as hereinafter named: Provided always, That on any trial for
either of these offences, the seal and signature of the notary shall not be
deemed sufficient in themselves to establish the official character of such
notary, but the same shall be shown by other and proper evidence.
4. Notaries, are of very ancient origin they were well known among the
Romans, and exist in every state of Europe, and particularly on the
continent.
5. Their acts have long been respected by the custom of merchants and
by the courts of all nations. 6 Toull. n. 211, note. Vide, generally, Chit.
Bills, Index, h.t.; Chit. Pr. Index,, h.t.; Burn's Eccl. Law, h.t.; Bro.
Off. of a Not. passim; 2 Har. & John. 396; 7 Vern. 22; 8 Wheat. 326; 6 S. &
R. 484; 1 Mis. R. 434.

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