N.Y. Executive Law § 135: Powers and duties; in general; of notaries public who are attorneys at law

§ 135. Powers and duties; in general; of notaries public who are

attorneys at law. Every notary public duly qualified is hereby

authorized and empowered within and throughout the state to administer

oaths and affirmations, to take affidavits and depositions, to receive

and certify acknowledgments or proof of deeds, mortgages and powers of

attorney and other instruments in writing; to demand acceptance or

payment of foreign and inland bills of exchange, promissory notes and

obligations in writing, and to protest the same for non-acceptance or

non-payment, as the case may require, and, for use in another

jurisdiction, to exercise such other powers and duties as by the laws of

nations and according to commercial usage, or by the laws of any other

government or country may be exercised and performed by notaries public,

provided that when exercising such powers he shall set forth the name of

such other jurisdiction.

A notary public who is an attorney at law regularly admitted to

practice in this state may, in his discretion, administer an oath or

affirmation to or take the affidavit or acknowledgment of his client in

respect of any matter, claim, action or proceeding.

For any misconduct by a notary public in the performance of any of his

powers such notary public shall be liable to the parties injured for all

damages sustained by them. A notary public shall not, directly or

indirectly, demand or receive for the protest for the non-payment of any

note, or for the non-acceptance or non-payment of any bill of exchange,

check or draft and giving the requisite notices and certificates of such

protest, including his notarial seal, if affixed thereto, any greater

fee or reward than seventy-five cents for such protest, and ten cents

for each notice, not exceeding five, on any bill or note. Every notary

public having a seal shall, except as otherwise provided, and when

requested, affix his seal to such protest free of expense.