AI-assisted research summary: A notary public’s attestations, protestations, and similar instruments under seal must be received in evidence.
The attestations, protestations, and other instruments of publication or acknowledgment, made by any notary public under seal, shall be received in evidence. Code 1858, § 1799 (deriv. Acts 1835-1836, ch. 11, § 5); Shan., § 3203; mod. Code 1932, § 5906; T.C.A. (orig. ed.), § 8-1622; T.C.A. § 8-16-304 ; Acts 2004, ch. 854, § 18. NOTES TO DECISIONS 1. Certificates of Foreign Notaries. 2. Protest. 3. —Made in Another State. 1. Certificates of Foreign Notaries. The certificates of notaries public of other states and counties made under their official seals, as to facts they were authorized by law to certify, were admissible as evidence in this state, and constituted prima facie evidence of the facts therein stated. Douglas v. Bank of Commerce, 97 Tenn. 133, 36 S.W. 874, 1896 Tenn. LEXIS 122 (1896). 2. Protest. A certificate of protest showing on its face that it was written more than 12 months after the protest was inadmissible as evidence. Winchester v. Winchester, 38 Tenn. 460, 1858 Tenn. LEXIS 213 (1858). The protest of a bill, properly authenticated, was, by its mere production, evidence of the presentment and demand in all foreign courts, where the dishonor of the foreign bill was required to be proved, in order to charge the drawer and endorsers. Ocoee Bank v. Hughes, 42 Tenn. 52, 1865 Tenn. LEXIS 14 (1865); Thompson, Broswell & Co. v. Commercial Bank of Kentucky, 43 Tenn. 46, 1866 Tenn. LEXIS 13 (1866); Spence v. Crockett, 64 Tenn. 576, 1875 Tenn. LEXIS 129 (1875); Sulzbacher v. Bank of Charleston, 86 Tenn. 201, 6 S.W. 129, 1887 Tenn. LEXIS 38 (1887); Rosson v. Carroll, 90 Tenn. 90, 16 S.W. 66, 1891 Tenn. LEXIS 2, 12 L.R.A. 727 (1891); Douglas v. Bank of Commerce, 97 Tenn. 133, 36 S.W. 874, 1896 Tenn. LEXIS 122 (1896). 3. —Made in Another State. The notary's protest made in another state could be proved by the notary's certified copy from the notary's books, or by a sworn copy, or by an authentication under the act of congress. Thompson, Broswell & Co. v. Commercial Bank of Kentucky, 43 Tenn. 46, 1866 Tenn. LEXIS 13 (1866); Grant v. Ford, 3 Shan. 481 (1875). The protest of negotiable paper, made in another state, could be proved by an exemplification from the notary's book, authenticated according to the act of congress. Jackson Ins. Co. v. Sturges, 59 Tenn. 339, 1873 Tenn. LEXIS 72 (1873). Collateral References. Admissibility, in action against notary public, of evidence as to usual business practice of notary public of identifying person seeking certificate of acknowledgment. 59 A.L.R.3d 1327.