§ 64-107 — Powers and duties; certificate or records; receipt in evidence

Nebraska § 64-107

• Jurisdiction: Nebraska
• Ch. 64: Notaries Public

Text

A
notary public is authorized and empowered, within the state: (1) To administer
oaths and affirmations in all cases; (2) to take depositions, acknowledgments,
and proofs of the execution of deeds, mortgages, powers of attorney, and other
instruments in writing, to be used or recorded in this or another state; and (3) to exercise and perform
such other powers and duties as authorized
by the laws of this state. Over his or
her signature and official seal, he or she shall certify the performance of such
duties so exercised and performed under this section.
Such certificate
shall be received in all courts of this state as presumptive evidence of the
facts therein certified to.

Legislative History

Source: Laws 1869, § 6, p. 22; G.S.1873, p. 494; R.S.1913, § 5522; C.S.1922, § 4818; C.S.1929, § 64-106; R.S.1943, § 64-107; Laws 1945, c. 145, § 7, p. 492; Laws 1967, c. 396, § 6, p. 1243; Laws 2012, LB398, § 5. Annotations: 1. Certification 2. Liability 3. Miscellaneous 1. Certification The certification of a notary public's official duties, over his or her signature and official seal, is received by the courts as presumptive evidence of the facts certified therein. Johnson v. Neth, 276 Neb. 886, 758 N.W.2d 395 (2008). Certificate of acknowledgment of notary, in proper form, is sufficient to authorize deed to be received in evidence without further proof of execution. Neneman v. Rickley, 110 Neb. 446, 194 N.W. 447 (1923). Certificate is presumptive evidence of facts therein, including statement that affiant signed affidavit. Smith v. Johnson, 43 Neb. 754, 62 N.W. 217 (1895). The presence of a notarial seal and the notary's signature serves as presumptive evidence of the performance of the notary's duty, even when the expiration date of the notary's commission does not appear on the certificate of authentication. Valeriano-Cruz v. Neth, 14 Neb. App. 855, 716 N.W.2d 765 (2006). In suit on stay bond, certificate of notary to acknowledgment of justification of surety is sufficient to make out prima facie case that surety appeared before notary and signed bond. Emerson-Brantingham Imp. Co. v. Johnson, 1 F.2d 212 (8th Cir. 1924). Certificate of notary is presumptive evidence of facts, and fees therefor are taxable as costs in federal courts. Baker v. Howell, 44 F. 113 (Cir. Ct., D. Neb. 1890). 2. Liability Giving notice of dishonor is official duty, and for neglect of same, notary and sureties are liable. Williams v. Parks, 63 Neb. 747, 89 N.W. 395 (1902). Collecting bank, delivering bill to notary to protest, generally is not liable for his default, but is where notary is manager of bank. Wood River Bank v. First Nat. Bank of Omaha, 36 Neb. 744, 55 N.W. 239 (1893). 3. Miscellaneous Fees for protesting local bank check are recoverable against drawer and drawee. German Nat. Bank of Beatrice v. Beatrice Nat. Bank, 63 Neb. 246, 88 N.W. 480 (1901). Notary must sign name to jurat of affidavit. Holmes v. Crooks, 56 Neb. 466, 76 N.W. 1073 (1898). Affidavit is void where jurat shows same was taken outside jurisdiction of notary. Byrd v. Cochran, 39 Neb. 109, 58 N.W. 127 (1894).