NOTARY, NOTARY PUBLIC. An officer appointed by the executive or other appointing power, under the laws of different states.
2. Notaries are of ancient origin : they existed in Rome during the republic, and were called tabelliones fbrenses, or pers.° no publicce. Their employment consisted in the drawing up of legal documents. They exist in all the countries of Europe, and as early as A.D. 803 were appointed by the Frankish kings and the popes. Notaries in England are appointed by the archbishop of Canter bury. 25 Hen. VIII. c. 21, 4. They are offi cers of the civil and canon law.
3. Their duties differ somewhat in the different states, and are prescribed by statutes. They are generally as follows : to protest bills of exchange and draw up acts of honor ; to authenticate and certify copies of docu ments ; to receive the affidavits of mariners and draw lip protests relating to the same ; to attest deeds and other instruments, and to administer oaths.
By act of congress, Sept. 16, 1850, notaries are authorized to administer oaths and take acknowledgments in all cases where under. the laws of the United States justices of the peace were formerly authorized to act.
4. The acts of notaries are respected by the custom of merchants and the law pf nations. Their protest of a bill is received as evidence in the courts of all civilized countries. Except in cases of protest of bills, the signature of a notary to an instrument going to a foreign country ought to be au thenticated by the consul or representative of that country.
5. The notaries of England have always considered themselves authorized to adminis ter oaths ; and the act 5 & 6 Will. IV. has placed it beyond dispute. In this country they do not exercise the power unless author ized by statute, except in cases where the oath is to be used out of the state or in the courts of the United States.
A notary is liable for any damage that may arise from the imperfect discharge of his duty. See, generally, 6 Toullier, 211 ; Burn, Eccl. Law ; 2 Harr. & J. Md. 396 ; 7 Vt. 22 ; 8 Wheat.' 326 ; 6 Serg. & R. Penn, 484 ; 1 Mo. 434 ; Manual for Notaries ; Sew ell, Bank.