The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-10-20
DIGEST OF HAWAIIAN LAWS.
BY VI. Thompson, of the Honolulu
Bar.

A Notary Public IS an officer, known
to the law merchant, and, OF conse-
quence, TO common law, OF which it is
part
And the creation OF the Office OF Notary
Public by statute, authorizes the officer
to act in the form prescribed by the COM
mon law, if no other form is prescribed
which can be followed Z Port, (Ala.),
529; 40 n. Y, 800
Notaries are of ancient origin they
existed in Rome during the Republic,
and were called ''tabelones forenses, or
persona publicse." Their employment
consisted in the drawing up OF legal
documents. They exist in all the
countries Of Europe, and as early as A.
d. sos were appointed by the Frankish
kings and the popes.
Notaries in England are appointed by
the Archbishop of Canterbury. (25 Hen,
81. They are officers of the civil and
common law Brooks, officer and Pr.
of notary, -. In most of the American
States notaries are appointed by the
Governor alone; in others by the
Governor, by and with the advice of his
Council, in others by and with the adj
vice and consent of the Senate. Their
duties differ somewhat in the different
States, and are prescribed by statutes.
They are generally as follows: To pro
test bills OF exchange and draw up acts
of honor; to authenticate and certify
copies OF documents; to receive the affi-
davits OF mariners and draw up protests
relating to the same; to attest and take
Acknowledgements OF deeds and other
instruments, and to administer oaths.
The acts of Notaries are respected by
the custom of merchants and the law of
nations. Their protest Of bill is re-
ceived 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 foreign
country ought to be authenticated by the
Consul or representative OF that country.
A notary holds himself out to the
world as a person competent to perform
the business connected with his Office.
BY accepting the office, and entering
upon the discharge of the duties,
he contracts with those who en-
ploy him, that he will perform
such duty with integrity, diligence
and skill. 30 Cal, 239). And, like
other ministerial officers, he is liable
in damages to any person specially in
jured by his omission to perform, or by
his unskillful performance of a minis
terial duty. q Heisk Tenn ], 619; N.
Y, 113; Z Graft Va, 300. Where an
action is brought against a notary for a
false certificate of acknowledgement, the
presumption is, that the defendant, acting
in his judicial capacity, did so on reason
able information, and discharged his full
duty. The burden of proof is on the
plaintiff to prove clear and intentional
dereliction of duty. (See 81 Penn, 228 !;
Prof. Notaries, secs 48 and 1876: Sewell,
Bank Notarys' ManuaI.
There shall be appointed by the
King in Privy Council, upon the recon-
mendation of the Minister of the Interior,
one or more suitable persons in each OF
the gubernatorial divisions of the King
dom to be Notaries Public, and to hold
office as such during His Majesty's
pleasure" Civil Code 1854, Sec
1865.
No person who is not a subject of this
Kingdom shall be eligible to the office of
Notary Public; and every person APP
pointed to that office, shall, before enter
ing thereon, take and subscribe an oath
for the faithful discharge of his duties,
which oath shall be fled in the Depart
ment Of the Interior" Qb., sec. ], 267).
Every Notary Public shall constantly
keep seal of office, whereon shall be en-
craven his name, and the words Notary
Public" and Hawaiian Islands," Gb.,
sec. 1,26S).
g 1t shall be his duty, when requested,
to enter on record all losses or damages
sustained or apprehended, by sea or land,
and also all averages, and such other
matters as, by mercantile usage, apper-
tain to his office, and cause protest there
OF to be made, duly and formally" Obj,
Sec ,269).
"All facts, extracts from documents,
and circumstances, so noted, shall be
signed and sworn to by all the persons
appearing to protest, and he shall note,
extend and record the protest so made !;
and shall grant authenticated copies
thereof, under his signature and notarial
seal, to those who request and pay for the
same. He shall also, in behalf of any
person Interested present any bill of ex-
change, or other negotiable paper, for
acceptance or payment to any party on
whom the same is drawn, or who may
be liable therefor; and notify all en-
dorsers or other parties to such bill or
paper; and he may, in general, do all
the acts to be done by Notaries Public by
the usages of merchants, or which are
authorized by the laws OF this Kingdom P"
Qb.. sec. 1,270).
" The protest OF any foreign or inland
bill OF exchange, or promissory note or
order, duly certified by any Notary Pub
lie, under his hand and official seal, shall
be legal evidence of the facts stated in
such protest, as to the same, and also as
to the notice given to the drawer or en-