The power to appoint notaries public is vested in the clerks of the superior courts and may be exercised by them at any time.
(Orig. Code 1863, § 1446; Ga. L. 1868, p. 130, § 1; Code 1868, § 1503; Code 1873, § 1497; Code 1882, § 1497; Civil Code 1895, § 498; Civil Code 1910, § 616; Code 1933, § 71-101; Ga. L. 1947, p. 1108, § 1; Ga. L. 1949, p. 1940, § 1; Code 1981, §45-17-1; Ga. L. 1984, p. 1105, § 1; Code 1981, §45-17-1.1, as redesignated by Ga. L. 1986, p. 1446, § 1.)
Editor's notes.- Ga. L. 1986, p. 1446, § 1, effective April 11, 1986, in effect redesignated, without change, former § 45-17-1 as this Code section.
JUDICIAL DECISIONS
Proof of appointment.
- When a writing has been admitted to record upon the probate of an alleged notary, and it is proved that the minutes fail to show an order appointing the notary, the burden is upon the party offering the writing to show that the alleged officer was legally appointed. Perry v. Kennon, 16 Ga. App. 545, 85 S.E. 821 (1915).
OPINIONS OF THE ATTORNEY GENERAL
Appointment by deputy clerk.
- Because former Code 1933, § 24-2713 (see now O.C.G.A. § 15-6-59) provided that the powers and duties of a deputy clerk shall be the same as those of the clerk, under former Code 1933, § 71-101 (see now O.C.G.A. § 45-17-1.1) a deputy clerk may appoint a notary public in the same manner as the clerk; no other person would have this authority. 1958-59 Op. Att'y Gen. p. 60.