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 Notary Public and their powers
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Lewish
Advanced Member

uSA
496 Posts

Posted - 09 Jul 2005 :  19:44:58  Show Profile  Reply with Quote
Fellow Readers,


We have been underutilizing the powers of a Notary Public. There is much they can do for us that we are not tapping into.

I recommend that each of you find a copy of "The Uniform Law of Notarial Acts" (available on the web) which was passed by Congress making all de facto notaries parties to the Convention de la Haye (Hague Convention) on Notary Public and party to the treaties of the Law of Nations under Law Merchant.

I have a really good case cite from a federal case which stipulates that notaries cannot refuse to do certain acts, even though their local state may tell them otherwise.

One of those duties is to "accept bills for protest and to protest bills." Now, that is commonly know as a Notary Protest. When a Notary Protest is properly performed, the resulting Certificate of Protest becomes a Foreign Judgment. Record that puppy. Then take a certified copy of the recorded copy and enter it into the UNITED STATES DICTRICT COURT in the green file and ask for the court to issue a summary judgment. They have to do so under the Uniform Foreign Judgments Act. If the court refuses to do so, you immediate recourse is to the U.S. Attorney General. If he fails to act in 60 days, then your automatic recourse is to the Secretary General of the UNITED NATIONS. This is all set out in the U.S.Code. I will get the cites and enter them here later.

Something "we" (and I cannot name all of who we are) have also learned is that all the things we are doing thru a Notary can be made more powerful yet, by placing a postage stamp in the area where the Notary is to put his seal, and having the Notary seal the stamp also. Then we sign our "legal signature" thru both the Notary seal and the postage stamp for joinder. We are currently using 2 cent U.S. stamps because 2 cents was the last postage rate authorized by the United States Post Office. All other rates have come from the UNITED STATES POSTAL SERVICE.

As side note about stamps:
When a friend of mine had his trust dragged into court as being a fraud and a scheme to avoid taxes, the judge never pulled the trust papers all the way out of the envelope. When he saw the Turks and Caicos postage stamps with the Official's signature thru them, he declared the case discharged and ordered the prosecuting attorney into his chambers.

More on another day,

Lewis

Edited by - Lewish on 09 Jul 2005 19:48:25

Jay Scott
Advanced Member

uSA
181 Posts

Posted - 28 Jan 2008 :  15:55:46  Show Profile  Reply with Quote
quote:
Originally posted by Lewish
Fellow Readers,

We have been underutilizing the powers of a Notary Public. There is much they can do for us that we are not tapping into.


Thanks, Lewis. I agree. This 1850 statute says notaries public have the same force and effect as justices and justices of the peace when it comes to oaths, affirmations, and acknowledgments.

NOTARIES PUBLIC ACT OF 1850
http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=009/llsl009.db&recNum=485

SMALLER LINK, SAME TARGET:
http://snipurl.com/1850notary

Text: (Pardon any inadvertent errors.)

quote:
Chap. LII.--An Act to authorize Notaries Public to take and certify Oaths, Affirmations, and Acknowledgments in certain Cases.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases in which, under the laws of the United States, oath, or affirmations, or acknowledgments may now be taken or made before any justice or justice 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, and, when certified under the hand and official seal of such notary, shall have the same 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 perjury, 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 commissioner 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.

Sec. 2. And be it further enacted, That all the powers and authority conferred in and by the preceding section of this act upon notaries public be, and the same are hereby, vested in, and may be exercised by, any commissioner appointed, or hereafter to be appointed, by any Circuit Court of the United States, under any act of Congress authorizing the appointment of commissioners to take bail, affidavits, or depositions, n causes pending in the courts of the United States.

Approved September 16, 1850. [Emphasis mine]


Has this been repealed?

quote:
Originally posted by Lewish
I recommend that each of you find a copy of "The Uniform Law of Notarial Acts" (available on the web) which was passed by Congress making all de facto notaries parties to the Convention de la Haye (Hague Convention) on Notary Public and party to the treaties of the Law of Nations under Law Merchant.


Is this an example of "The Uniform Law of Notarial Acts"? If so, it appears many, if not all, STATES have enacted it in statues.

http://www.gencourt.state.nh.us/rsa/html/XLII/456-B/456-B-mrg.htm

If so, please point out the significant parts thereof.

quote:
Originally posted by Lewish
We are currently using 2 cent U.S. stamps because 2 cents was the last postage rate authorized by the United States Post Office. All other rates have come from the UNITED STATES POSTAL SERVICE.


I know we've had this discussion before, and after your post, but I think it's worth repeating. Does this make it 3 cents?

http://ecclesia.org/forum/topic.asp?TOPIC_ID=230&whichpage=2#7567

quote:
Sec. 22. And be it further enacted, That the rate of postage on all domestic letters transmitted in the mails of the United States, and not exceeding one half ounce in weight, shall be uniform at three cents; and for each half ounce, or fraction thereof of additional weight, there shall be charged an additional rate of three cents, to be in all cases prepaid by postage stamps plainly affixed to such letter. [Emphasis mine]


I've recently requested a notary public file a certificate of protest into an evidence file of a foreclosure action, but the notary refused and suggested that was the work of an attorney.

Be blessed.

Jay Scott.



Edited by - Jay Scott on 28 Jan 2008 15:59:14
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Lewish
Advanced Member

uSA
496 Posts

Posted - 29 Jan 2008 :  16:01:36  Show Profile  Reply with Quote
Hello Jay,

Quote:

Pursuant to R.C. 147.07 a notary public in Ohio may administer oaths required or authorized by law; take and certify depositions; take and certify acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments of writing; and receive, make and record notarial protests.

This is a quote from the case Jii v Rhodes 577 F Supp. 1128.

There you have a Federal Judge saying that a State Public Notary is to do Notary Protest when requested. You might want to point this out to your Notary.

Hope this helps.

Regards,



Lewis
A Man on the Land on Washington as a Citizen thereon.
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yardstick
Senior Member

USA
52 Posts

Posted - 24 Jun 2008 :  15:30:32  Show Profile  Reply with Quote
quote:
Originally posted by Lewish

Fellow Readers,

...

More on another day,

Lewis




Do you have more to add yet, Lewis?

Edited by - yardstick on 24 Jun 2008 15:32:01
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difranco
Regular Member

uSA
38 Posts

Posted - 08 Aug 2008 :  01:52:03  Show Profile  Visit difranco's Homepage  Reply with Quote
What is a notary protest? How is one formatted?

==================================================
When you set to dine with a ruler, note well what is placed before you, and put a knife to your throat if you are given to gluttony. Do not crave his delicacies, for that food is deceptive.- Proverbs 23:1-3
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Jay Scott
Advanced Member

uSA
181 Posts

Posted - 08 Aug 2008 :  10:05:45  Show Profile  Reply with Quote
quote:
Originally posted by difranco

What is a notary protest? How is one formatted?

==================================================
�When you set to dine with a ruler, note well what is placed before you, and put a knife to your throat if you are given to gluttony. Do not crave his delicacies, for that food is deceptive.�- Proverbs 23:1-3



difranco,

I don't feel comfortable with the details yet, and I hope more experienced people chime in, but my basic comprehension is that a notary protest is a process in which a notary public acts as an impartial second witness. Now, in contrast to having your neighbor act as an impartial witness, apparently using a notary has the added benefits of providing a state officer seal resulting in self-authenticating evidence, according to Federal Rules of Evidence, Rule 902 http://www.law.cornell.edu/rules/fre/rules.htm#Rule902 (if you're in to that sort a thing), AND, as reference in the post above, "the same force and effect as if taken or made by or before such justice or justices of the peace"!

As I said, I hope more experienced people share more about this. The execution of this potential remedy seems to escape me.

Jay Scott.

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