Home > West's Encyclopedia of American Law > Notary Public

A public official whose main powers include administering oaths and attesting to signatures, both important and effective ways to minimize FRAUD in legal documents.

The origin of notaries public can be traced to ancient Rome, where a notarius was held in high regard as legal counsel. During that era only the few people who knew how to write were qualified to serve as a notarius. A notarius wrote legal documents, including contracts and wills, and retained them for safekeeping. A small fee was charged for those services, a tradition that continued to modern times.

As colonists settled in the New World, most transactions that required an oath or signature attestation were handled in the courts. During that period the few notaries who existed were appointed or elected in a manner similar to the election or appointment of judges. However, as trade...