TRIBAL PROGRAM NEWS
What You Should Know About Notarizations
From the Office of Tribal Court
Q: What is the purpose of a
notary public?
A: The purpose of a notary public
is to reasonably assure that the signature
on a document is authentic (original).
Q: How does a notary do this?
A: A signer must personally appear
before a notary and be identified in one
of three ways:
1.
2.
3.
The notary knows you personally
Confirmation of your identity by
a credible witness (known to
the notary)
Your photo identification card
The notary will require you to sign
a notary journal, which is the notary’s
personal record of every notarization he/
she performs. The notary must identify
what your document is so he/she can
use the appropriate notarial certificate.
If a certificate (notary wording) is
preprinted on your document, the notary
must analyze it to be certain it complies
with state notary law. If the wording on
your document is not appropriate, the
notary must either use his/her own
certificate or refuse to notarize your
signature on that document.
Q: How do I know what kind of
notarial certificate I need?
A: If your document doesn’t
provide a certificate, the notary will
discuss with you which certificate may
be most appropriate for your
transaction. There are three types of
notarial acts to choose from:
1.
2.
Acknowledgments: The notary
certifies that you, the signer,
personally appeared before him/her,
that he/she verified your identity,
and you acknowledged to the notary
that you signed the document. The
typical
wording
of
an
acknowledgment
certificate
includes: “Acknowledged before
me by John Doe...”
Jurats: The notary certifies that you,
the signer, personally appeared
before him/her, that he/she verified
your identity and then placed you
under oath regarding the
truthfulness of your document, and
then watched you sign the
document. (If you signed the
document prior to coming to the
notary, it is totally proper to sign
the document again when so
instructed.) Typical wording of a
jurat
certificate
includes:
“Subscribed and sworn to before
me by John Doe...”
3. Copy Certifications: The notary
certifies that the copy is a complete
and true reproduction of the item
copied. It may be necessary for the
notary to read your document to
ensure the copy is complete
and accurate.
Q: Where can I find a notary public?
A: Notary publics may be found in
banks, real estate offices, courts, city halls,
and post offices, to name a few places.
Some Final Points
The notarization of your signature
has no affect on your document’s
legality, validity, or truthfulness.
It’s merely a verification of your
signature’s authenticity.
A notary’s certificate must be
legible and complete. If there’s
insufficient room for the notary’s
signature or seal, the notary will either
use his/her own certificate or refuse to
perform the notarization.
The notary must be certain you, the
signer, are signing the document willingly
and freely. He/she must not rely on the
word of another, but determine this for
himself/herself. The notary will do this
by conversing with you and asking you a
couple of questions about your
transaction. If he/she is uncertain, he/she
cannot notarize for you.
A notarial certificate need not be
on the same sheet of paper as your
signature. It can be on the reverse side
of the page, on another page of your
document, or as an attachment to your
document. A notarial certificate by
attachment must include an attribution
clause indicating that it was prepared
as an attachment to a specific document.
If the certificate is separated from the
intended document, it’s invalid. It need
not be stapled, glued, or paper clipped
to the document by the notary, as this
is up to the signer to decide.
Walt’s Words of Wit and Wisdom
Long ago, when animals and people could speak to one another, the people
started taking the animals for sport, looking for trophies and such, much as today.
The Animal People became concerned about what was happening. The animals
were being killed not for food, but for the fun of hunting and killing, and then
letting the meat go to waste.
The Animal People had a big meeting, trying to decide what
to do about the Two Legged people. They decided that they
needed to talk with the Two Legged and remind them of what
the animals were to them. Next, they needed to decide who
would talk to the Two Legged.
Now Bear, the symbol of power and strength, said, "I would
like to do it, but I have a short time to get enough food to last
me all winter while I sleep. I can’t do it.” Next Elk, a symbol of
strength and leadership, said, “I would like to have the honor,
but I have to move my people from one mountain to another to
find food, depending on the season. I just don’t have time to.”
Next Beaver, a symbol of close-knit family, said, “I too don’t
have time. I have to get several cords of wood together so that we may survive the
coming winter. I just cannot do it.” Now Deer, the chosen animal, came forward and
said, “Well, I guess that I will take time from my busy schedule and will talk to the
Two Legged.”
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Siletz News
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May 2001
Deer went to the Two Legged and shared with them, “You have been taking
our People for fun. You have not needed them for food or shelter. You have not
been asking permission to take their lives or explaining' why you
needed them. After taking our People, you have not been thanking
the Animal Spirits for the services that you are getting.”
The leader of the Two Legged agreed that they had become
lax and said that he would see to it that it wouldn’t happen again.
So the Two Legged started asking forgiveness before the hunt,
explaining to the Animal Spirits what he was hunting and why it was
necessary for him to take the life of one of the Animal People. After
taking an animal, the Two Legged would thank the Animal Spirits
for the giving of this life for the Two Legged.
After a time, maybe 10,000 years or more, the Two Legged started
doing it again - not asking permission or thanking the Animal
Spirits. Again the Animal People had another meeting and said
that since Deer had talked to the Two Legged before, Deer
should be the one again.
Deer went to the Two Legged and shared with them, “You have disobeyed our
last meeting. You are taking our People’s lives, not asking, not thanking. For this
there will be some consequences. From this day on, you will no longer be able to talk
with the Animal People. From this day on, your women will have pain in childbirth,
and from this day on, you will be troubled with pain in your bones and joints.”