Bours v. Zachariah

Citations

• 11 Cal. 281

Syllabus

<p>The certificate of acknowledgment of a Notary Public to a deed is not an act in pais, which he may exercise by virtue of his office at any time while in office.</p> <p>A Notary derives his power to take and certify acknowledgments to deeds from the statute. He acts as under a special commission for that particular case—clothed with limited statutory power. He is to take the acknowledgment, and certify it as part of the same transaction. After taking the acknowledgment, and making and delivering the return, his functions cease, and he is discharged from all further .authority, and cannot alter or amend his certificate.</p>