notary
English
Etymology
From Old French notarie (French: notaire), from Latin notarius.
Noun
notary (plural notaries)
- (law, often civil law) A lawyer of noncontentious private civil law who drafts, takes, and records legal instruments for private parties, and provides legal advice, but does not appear in court on clients' behalf.
- 2008, Alienation of Church Wealth in Mexico: Social and Economic Aspects, page 63:
- It is not known whether any Puebla residents did go to the capital to bid for properties in their state because in such cases the purchases would have been formalized before a notary in Mexico City, [...]
- 2008, Alienation of Church Wealth in Mexico: Social and Economic Aspects, page 63:
- (common law) A notary public, a legal practitioner who prepares, attests to, and certifies documents, witnesses affidavits, and administers oaths.
- (law, Canada, US) A lay notary public, who serves as an impartial witness to the signing of important documents, but who is not authorised to practise law.
- 1904, The Bulletin of the Commercial Law League of America, volumes 9–18, page 29:
- The giving of legal advice by notaries and others who are not admitted to practice law is, in its opinion, dangerous to the welfare of the community, because such persons have not demonstrated their capacity [...]
- 1904, The Bulletin of the Commercial Law League of America, volumes 9–18, page 29:
Quotations
- 1985, Morris Arnold, Unequal Laws Unto a Savage Race: European Legal Traditions in Arkansas, page 19:
- Originally an official of the medieval European ecclesiastical courts, the notary developed into a noncontentious secular legal professional in France. In England, partly because the canon and secular laws were not on speaking terms, "the notarial system never took deep root." For one thing, an important aspect of the notary’s duties, his authority to "authenticate" documents, was of little use to the English. The whole notion of a state-sanctioned authenticator of private acts was entirely foriegn to English common law; whereas in France we see notaries "making" and "passing" contracts, the common law left that to the parties.
- 1997, Michael L. Closen, Glen-Peter Ahlers, Robert Jarvis, Notary Law & Practice: Cases & Materials, page 1:
- Indeed, in some of those other jurisdictions, only attorneys can be notaries, and, in virtually all foreign nations, notaries are permitted to perform services customarily thought to constitute the practice of law in the United States.
- 2005, Law Institute Journal, volume 79, page 51:
- Notaries public in English-speaking countries where the notary’s role is taken seriously have similar functions to civil law notaries. This does not include notaries public in the US, because there (with the exception of Louisiana which has civil law notaries) there is no requirement that "notaries public" have any legal qualifications.
- 2009, Berend J. H. Crans, Ravi Nath, Aircraft repossession and enforcement: practical aspects, page 52:
- It is stressed that the function of an Aruba civil law notary is entirely different from the function of an American notary public. For example, Aruba civil law notaries have obtained a special law degree and they are appointed by the Crown.
Synonyms
Derived terms
Translations
notary public