Perhaps there's a bit of overthinking going on here? I've always assumed that "proof of execution" and "acknowledgment" are the different ways of saying the same thing - at least here in CA. (Are they different in other states?)
Your quote is the exact same language that currently exists in CA state notary law (under Civil Code 1181) in the section dealing with the taking of an Acknowledgment - as it's always been traditionally done.
I've never bothered parsing the language in our Handbook that closely, but I'm guessing I'm not alone in having always assumed that "proof" is simply a descriptor of "acknowledgment" - or what it is we do when we witness someone willingly signing (or 'acknowledging') a document. I've never heard of nor seen any other reference to any separate notarial function referred to as a "proof". I *have* heard the phrase "proof of acknowledgment", which I've assumed referred to the certificate we complete by signing it and affixing our seal. As I see it, the cert is simply a physical 'proof' describing the notarial ceremony that took place, where, when and by whom.
|
