Judge Anna, August 9, 2018
Public Notary or Notary Public?
Had a couple worthy questions today about notary services….
Notaries have been around since the Roman Empire.
A Public Notary acting in the land jurisdiction has more power than a State of State Supreme Court Judge.
A Notary Public is a different private office that the same people can occupy in the international jurisdiction of the sea.
And which office it is depends on your status, your purposes, the capacity in which you are acting and the nature of your paperwork, so you need to be able to figure it out and invoke the proper office of the Notary accordingly.
The people now serving as Notaries are all commissioned by “State of State” franchises and so, they normally function as Notary Publics in the international jurisdiction of the sea.
The jurisdiction invoked is indicated by the “Notary Block” the separate portion of the document reserved for them.
If it is Territorial United States jurisdiction being invoked, the Notary Block will show that the paperwork is taking place — for example, in the “State of Vermont” and “County of Claybourne”.
If it is Municipal United States jurisdiction, the Notary Block will show: “STATE OF VERMONT” and “COUNTY OF CLAYBOURNE”.
But if you want to invoke the land jurisdiction owed to your country, the Notary Block will show: “Vermont State” and “Claybourne County”. And, ideally, the Notary will be identified as a “Public Notary”.
Sometimes we need the Public Notary to act as a Witness to our actions, such as sending a piece of mail, or hearing our testimony about something, which amounts to the same thing as being sworn in, in a court of law, or being deposed as a Witness outside the courtroom.
This is described by the Title of the Notary Block, which says “Public Notary Witness” or “Public Notary Jurat” [for testimony involving verbal utterances and affirmations or oaths] along with our declaration of the jurisdiction. This all serves to explicitly nail down the capacity in which the Notary is acting and what they are being asked to do.
Public Notaries count as two Witnesses.
Notary Publics count as one Witness.
Both capacities are officers of the court(s) they service.
So, yes, there is far more to the humble Notary than most people have ever begun to guess and the range of services that a Notary can perform is also much grander in scale than we typically take advantage of.
Of course, Notaries need to be compensated for their time and effort and as it is a largely volunteer occupation there is no salary and no set fee structure. Most Notaries ask a small fee — $2 to $5 for witnessing a signature or autograph, and more for more involved services, such as mailing services and Notary Due Process Service.
This is just “the Basics” you need to be aware of in working with a Notary or Notarial Service. You choose the jurisdiction and the capacity you wish the Notary to act in, and you invoke it by your description in the Title of the Notary Block, the location described in the Notary Block, and the way the Notary is addressed — either in their Public (land jurisdiction) capacity, or in their private (sea jurisdiction) capacity.
A study of Notarial Powers would take a good six months and is far beyond my capacity to address in a single article, but this gives you a good starting place and allows you to sort out the basic issues.
Land jurisdiction paperwork goes to a land recording office and is handled by a Recorder. Generally speaking, it requires a Public Notary and should be taking place in a land State and County: Ohio State, Lakeland County.
Sea jurisdiction paperwork goes to a registrar or clerk of court and is handled by a Registrar. It requires a Notary Public, and can be taking place in a fictional place such as: State of Ohio, County of Lakeland (Territorial) or STATE OF OHIO, COUNTY OF LAKELAND (Municipal).
You have to be sharp and watch closely and think about what you are doing to insure that you get the results and the services you want, and since you are the one preparing your paperwork, it is all in your hands and your choice, according to your purposes.
All the paperwork that I recommend (other than the Birth Certificate paperwork) will require a Public Notary service, will be a recording not a registration process, will go to and through a Recorder’s Office, and the place will be a land jurisdiction state like: Wisconsin State, and a land jurisdiction County like: Jackson County.