Posted by FlaNotary2 on 3/31/11 7:19am
Msg #378076
Interesting excerpt from "Medieval Notaries and their Acts"
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The founctions of the modern notary public in the United States in comerce and real estate resemble those of the medieval notary, thoguh important dimesnions of the traditional recording role of the notary have been assumed by attorneys in the United States. (1) To attest to the authenticity of the signatures on a written document, the U.S. notary's job is to verify the identity of the parties before they sign a contract and to witness their signatures. the notary also administers oaths and then attests to the same (a jurat). The notary may ask signers to swear that they are signing of free will (California, Louisiana, and Florida). (2)
The notarial signature and seal then constitute legal proof that the parties really did appear before the notary and sign the document. The notary's signature and seal form part of a legal affidavit attached to the document. The modern notary serves as the "witness" to the signatures and can be called to testify in court. All documents affecting property ownership, such as deeds, liens, and mortgages, need to be notarized. No piece of real estate can be transferred in the United States without a valid notarial affidavit. Certain documents, such as affidavits, subpoenas, depositions, powers of attorney, and wills, and absentee ballots for voting abroad, require notarization.
Notaries public in the United States are authorized to perform their duties by each individual state. In the state of Minnesota notaries must be free of felony convictions and be bonded. Technically, they are considered officers of the court or of the state. Some states require that a notarial journal be kept (e.g. Oregon and Florida). There are written exams for notaries in some states. In some jurisdictions it is necessary to be a practicing attorney before becoming a notary. States regulate the fees notaries can charge for their services. For the most part, these duties are similar in every state, but two states, namely Florida and Virginia, have authorized notaries public to perform additional duties. In Florida, a notary public can perform marriage ceremonies; in Virginia, a notary public is also a peace officer. Some states allow notaries to draft notarial testaments anda cts of donation, and to make inventories, appraisals, and marriage contracts, as well as to be named as administrator, executor, and trustee. Yet, in the United States, the role of the notary public is relatively minor compared to the fucntions exercised by the medieval notary and by the modern continental European notary, as the notarial tradition preserves a strong legal role, undiminshed its contractual function, in countries such as France and Italy.
In present-day Europe notaries enjoy favorable social and economic status as members of the legal profession, as do judges, magistrates, and lawyers, much as they did in the Middle Ages. A university law degree and apprenticeship as a clerk in the office of notaries are necessary before one can become a notary in France, Italy, and Spain. The notarial office passes down in families as a valuable asset of the family fortune, and there is often succession from father to son over many generations in a particular notarial firm. Today, the purchase of a notarial firm with an already established clientele is a costly undertaking.
(1) For more information, see the National Notary Association.
(2) The differing historical experience of states in the U.S. affects their notarial tradition. Spanish influence has affected states such as Florida, Louisiana, and California while French presence has had a significant impact on law in Louisiana, in particular.
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Now I know that Florida 1) does not require journals and 2) does not require us to administer an oath when taking an acknowledgment. And I don't *think* that California requires the latter either.
I did find it interesting that footnote #2 says that Spanish influences have affected notary laws in Florida, Louisiana and California. Now Florida law does allow us to perform marriages, which I suppose is unique, and I would love to know where that tradition came from, and if it truly is Spanish-influenced.
Just thought I'd share 
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