64-107 Powers and duties; certificate or records; receipt in evidence.
64-107. Powers and duties; certificate or records; receipt in evidence.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; (3) to demand acceptance or payment of any foreign, inland, domestic bill of exchange, promissory note or other obligation in writing, and to protest the same for nonacceptance or nonpayment, as the case may be, and give notice to endorsers, makers, drawers or acceptors of such demand or nonacceptance or nonpayment; and (4) to exercise and perform such other powers and duties as by the law of nations, and according to commercial usage, or by the laws of the United States, or of any other state or territory of the United States, or of any other government or country, may be exercised and performed by notaries public. Over his signature and official seal, he shall certify the performance of such duties so exercised and performed under the provisions of this section, which certificate shall be received in all courts of this state as presumptive evidence of the facts therein certified to. SourceLaws 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. AnnotationsThe 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).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).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).Certificate is presumptive evidence of facts therein, including statement that affiant signed affidavit. Smith v. Johnson, 43 Neb. 754, 62 N.W. 217 (1895).Affidavit is void where jurat shows same was taken outside jurisdiction of notary. Byrd v. Cochran, 39 Neb. 109, 58 N.W. 127 (1894).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).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).