Glossary entry

English term or phrase:

that he/she is well acquainted with the handwriting of such public officer

English answer:

the clerk is certifying that he/she is familiar with the notary public's signature

Added to glossary by Alessandra Meregaglia
Oct 29, 2023 12:02
6 mos ago
53 viewers *
English term

that he/she is well acquainted with the handwriting of such public officer

English Law/Patents Law: Patents, Trademarks, Copyright
I, XXX, Clerk of the County of XXX, and Clerk of the Supreme Court in and for said county, the same being a court of record having a seal, DO HEREBY CERTIFY THAT XXX
whose name is subscribed to the annexed original instrument has been commissioned and qualified as a NOTARY PUBLIC and has filed his/her original signature in this office and that he/she was at the time of taking such proof of acknowledgement or oath duly authorized by the laws of the State of XXX to take the same: that he/she is well acquainted with the handwriting of such public officer or has compared the signature on the certificate of proof or acknowledgement or oath with the original signature filed in his/her office by such public officer and he/she believes that the signature on the original instrument is genuine.
IN WITNESS WHEREOF, I have hereunto set my hand and my official seal this...

My doubt is about a change of person/subject in the middle of the CERTIFICATION. In the first line the Clerk says "I...." talking in 1st person in singular while after the ":" he/she seems swapping into the 3rd person in singular "that he/she is well acquainted with the handwriting of such public officer".

Have I properly understood that there's no change of subject? Who actually is "he/she is well acquainted with..."? The Clerk or the Notary? Thank you for your help
Change log

Oct 30, 2023 14:48: Alessandra Meregaglia changed "Edited KOG entry" from "<a href="/profile/1151435">Alessandra Meregaglia's</a> old entry - "that he/she is well acquainted with the handwriting of such public officer"" to ""Explanation""

Responses

+3
36 mins
Selected

Explanation

Yes, there is indeed a switch from the first person to the third person in the middle of the certification. This seems to be pretty common in legal documents, at least in the state of New York (your document was definitely issued in NYS). However, I also have hundreds of documents in my database where it says, "I am well acquainted", e.g. , "I, Timothy C. Idoni, Clerk of the County of Westchester and Clerk of the Supreme Court and County Court in and for said County [yada yada yada]...., and that I am well acquainted with the handwriting of such Notary Public, or having compared the signature of said Notary Public on the annexed instrument with such Notary Public’s autograph signature deposited in my office, and believe that the signature on the annexed instrument is genuine."

So, in short, the clerk is certifying that he/she is familiar with the notary public's signature.

The switch from I to he/she might be intended to maintain an unbiased or neutral tone.
Peer comment(s):

agree philgoddard : I don't think it's anything to do with maintaining a neutral tone - this is quite possibly the most illiterate piece of legal verbiage I've ever seen. It could be rewritten as three or four short, simple sentences.
53 mins
Agreed. Thank you, Phil.
agree Oliver Simões : Good explanation
1 hr
Thank you, Oliver.
agree AllegroTrans
4 hrs
Thank you, AllegroTrans.
Something went wrong...
4 KudoZ points awarded for this answer.
31 mins

... he/she is the Notary

:)

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Note added at 34 mins (2023-10-29 12:36:43 GMT)
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It is a declaration of the Clerk
Peer comment(s):

neutral AllegroTrans : That doesn't provide the full explanation that asker needs
4 hrs
that is the full explanation; thanks
neutral Jennifer Levey : 'he/she' also refers to the Clerk in some parts of the text// In the phrase shown in the question header, "he/she" is the Clerk, not the Notary.
5 hrs
no, in none ... thanks
Something went wrong...
+1
2 hrs

It is confusing but decipherable...

'he/she' is being used willy-nilly to refer to both the Clerk and the Notary

The "Clerk of the County of XXX, and Clerk of the Supreme Court" is certifying two things:

First, "that XXX (is) a NOTARY PUBLIC and has filed his/her original signature (= a specimen signature provided by the Notary to the Clerk when the Notary took up office) in this (=the Clerk's) office and that he/she (= the Clerk) was at the time of taking such proof of acknowledgement or oath duly authorized by the laws of the State of XXX to take the same"

Second, "he/she (= the Clerk who is signing this present statement) is well acquainted with the handwriting of such public officer (= the Notary) or has compared the signature on the certificate of proof or acknowledgement or oath with the original signature filed in his/her (= the Clerk's) office by such public officer (= the Notary) and he/she (= the Clerk, again!) believes that the signature on the original instrument (= the Notary's signature) is genuine."

after which the Clerk states: "IN WITNESS WHEREOF, I (= the Clerk) have hereunto set my hand and my official seal this..."

Peer comment(s):

agree AllegroTrans
3 hrs
Thanks.
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