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Posted by  HisHughness on 12/8/04 8:16am
colorless/AZ disagrees that a notary acknowledgement of a signature can be inscribed on a baseball upon which the signature has been placed, and cites the following:
***A. Notaries public shall perform the following notarial acts, when requested:
1. Take acknowledgments and give certificates of the acknowledgments endorsed on or attached to the instrument.
INSTRUMENT
contracts. The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon. The agreement and the instrument in which it is contained are very different things, the latter being only evidence of the existence of the former. The instrument or form of the contract may be valid, but the contract itself may be void on account of fraud. Vide Ayl. Parerg. 305;Dunl. Ad. Pr. 220.
Source: Bouviers Law Dictionary 1856 Edition***
The cited reference actually reinforces what I suggested, that the acknowledgement could be placed on the baseball itself. It simply notes that the agreement and the instrument that contains the agreement are two distinct things. In the case of the baseball, of course, there is no agreement, just verifications of a signature. Further, there is no proscription on the form of the instrument in the reference cited. |
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