NOT POSSESSED1. A plea sometimes used in actions of trover, when the defendant2 was not possessed of the goods at the commencement of the action. 3 Mann. & Gr. 101, 103.
NOTARY3 or NOTARY PUBLIC. An officer appointed by the executive, or other appointing power, under the laws of different states.
2. Their duties are generally prescribed by such laws. The most usual of which are, l. To attest4 deeds, agreements and other instruments, in order to give them authenticity5. 2. To protest notes, bills of exchange, and the like. 3. To certify6 copies of agreements and other instruments.
3. By act of congress, Sept. 16, 1850, Minot's Statutes7 at Large. U. S. 458, it is enacted8, That, in all cases in which, under the laws of the United States, oaths, or affirmations, or acknowledgments may now be taken or made before any justice or justices of the peace of any state or territory, such oaths, affirmations, or acknowledgments may be hereafter also taken or made by or before any notary public duly appointed in any state or territory, aud, when certified9 under, the hand and official seal of such notary, shall have the name force and effect as if taken or made by or before such justice or justices of the peace. And all laws and parts of laws for punishing perjury10, or subornation of perjury, committed in any such oaths or affirmations, when taken or made before any such justice of the peace, shall apply to any such offence committed in any oaths or affirmations which may be taken under this act before a notary public, or commissioner11, as hereinafter named: Provided always, That on any trial for either of these offences, the seal and signature of the notary shall not be deemed sufficient in themselves to establish the official character of such notary, but the same shall be shown by other and proper evidence.
4. Notaries12, are of very ancient origin they were well known among the Romans, and exist in every state of Europe, and particularly on the continent.
5. Their acts have long been respected by the custom of merchants and by the courts of all nations. 6 Toull. n. 211, note. Vide, generally, Chit. Bills, Index, h. t.; Chit. Pr. Index,, h. t.; Burn's Eccl. Law, h. t.; Bro. Off. of a Not. passim; 2 Har. & John. 396; 7 Verm. 22; 8 Wheat. 326; 6 S. & R. 484; 1 Mis. R. 434.
NOTE, estates, conv., practice. The fourth part of a fine of lands: it is an abstract of the writ13 of covenant14 and concord15, and is only a, doequet taken by the chirographer, from which he draws up the indenture16. It is sometimes taken in the old books for the concord. Cruise, Dig. tit. 35, c. 2, 51.
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