§ 135 — Powers and duties; in general; of notaries public who are attorneys at law

New York § 135

• Jurisdiction: New York
• Law EXC: Executive
• Art. 6: Department of State

Text

§ 135. Powers and duties; in general; of notaries public who are\nattorneys at law. Every notary public duly qualified is hereby\nauthorized and empowered within and throughout the state to administer\noaths and affirmations, to take affidavits and depositions, to receive\nand certify acknowledgments or proof of deeds, mortgages and powers of\nattorney and other instruments in writing; to demand acceptance or\npayment of foreign and inland bills of exchange, promissory notes and\nobligations in writing, and to protest the same for non-acceptance or\nnon-payment, as the case may require, and, for use in another\njurisdiction, to exercise such other powers and duties as by the laws of\nnations and according to commercial usage, or by the laws of any other\ngovernment or country may be exercised and performed by notaries public,\nprovided that when exercising such powers he shall set forth the name of\nsuch other jurisdiction.\n A notary public who is an attorney at law regularly admitted to\npractice in this state may, in his discretion, administer an oath or\naffirmation to or take the affidavit or acknowledgment of his client in\nrespect of any matter, claim, action or proceeding.\n For any misconduct by a notary public in the performance of any of his\npowers such notary public shall be liable to the parties injured for all\ndamages sustained by them. A notary public shall not, directly or\nindirectly, demand or receive for the protest for the non-payment of any\nnote, or for the non-acceptance or non-payment of any bill of exchange,\ncheck or draft and giving the requisite notices and certificates of such\nprotest, including his notarial seal, if affixed thereto, any greater\nfee or reward than seventy-five cents for such protest, and ten cents\nfor each notice, not exceeding five, on any bill or note. Every notary\npublic having a seal shall, except as otherwise provided, and when\nrequested, affix his seal to such protest free of expense.\n