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16 Baylor L. Rev. 388 (1964)
The Notary Public

handle is hein.journals/baylr16 and id is 412 raw text is: BAYLOR LAW REVIEW COMMENTS THE NOTARY PUBLIC Originating in the very early Roman jurisdiction the office of Notary Public can claim to be one of the few public positions to exist, under the same name, to the modern era. England recognized the Notary Public long before the Norman conquest, but limited his duties to those arising in the dealings of merchants.1 In many nations the position has taken on a more judicial appearance; today in the tiny country of Luxembourg one must possess a degree comparable to our Doctor of Juridical Science before he is entitled to hold the office of Notary Public. At the present time this office is statutorily defined in great detail. The Notary Public Act of 1943 provides: The Secretary of State of the State of Texas shall appoint a convenient number of Notaries Public for each county of the State. Such appointments may be made at any time, and the terms of all appointments made shall end on the first day of June of each odd numbered year ..., To be eligible for ap- pointment as Notary Public for any county, a person shall be a citizen of this state and at least twenty-one (21) years of age, and a resident of the county for which he is ap- pointed .... 2 The appointment of Notaries Public is made without a hearing and is solely at the discretion of the Secretary of State.3 Likewise, the County Clerk has no discretion in the matter of Notaries, but should advise the Secretary of State of any condition of the applicant which would make it impossible or illegal for him to serve.4 There is no appeal from a decision of the Secretary of State granting or denying an application.5 The requirement of twenty-one years of age is one which can- not be met by the removal of an individual's disabilities of minority ;6 likewise a married woman under the age of twenty-one 'Kumpe v. Gee, 187 S.W.2d 932 (Tex. Civ. App. 1945). 2Art. 5949, TEx. REv. Civ. STAT. 1925. 3Note, 8 BAYLoR L. Rrv. 511 (1956). 4Op. Atty. Gen. 1947, No. V-195. SNote 3, supra. 6Op. Atty. Gen. 1940 No. 0-2918. [Vol. XVI