MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary A

By: Representative Moak

AN ACT TO AMEND SECTIONS 25-33-9 AND 25-33-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A NOTARY PUBLIC MAY FILE AN AFFIDAVIT REGARDING THE TRUTH OF AN ATTESTATION IN QUESTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 25-33-9, Mississippi Code of 1972, is amended as follows:

25-33-9. Every notary public shall have the power of administering oaths and affirmations in all matters incident to his notarial office, and he shall be further qualified and empowered to administer oaths and affirmations for the purpose of taking oral testimony under oath or affirmation within the state at large. If an attestation of a notary public is questioned as to its authenticity or correctness of language, the notary public may file an affidavit regarding the truth of the attestation in question along with any corrected language and may file such with the land records in the office of the Chancery Clerk where such land is located, properly indexed, if such authenticity or correctness of language affects real property. Such affidavit shall be a rebuttable presumption that the attestation is true and correct.

SECTION 2. Section 25-33-11, Mississippi Code of 1972, is amended as follows:

25-33-11. Every notary public shall have power to receive the proof or acknowledgment of all instruments of writing relating to commerce or navigation, such as bills of sale, bottomries, mortgages, and hypothecations of ships, vessels or boats, charter parties of affreightment, letters of attorney, and such other writings as are commonly proved or acknowledged before notaries; and to perform all other duties required of notaries by commercial usage, and also to make declarations, including the filing of an affidavit as provided in Section 25-33-9, and certify the truth thereof, under his seal of office, concerning all matters done by him in virtue of his office.

SECTION 3. This act shall take effect and be in force from and after July 1, 2000.