Frederick Mortensen Hinch Edward Mills John.

American notary and commissioner of deeds manual: the general and statutory ... online

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recorded, shall be evidence of the facts. Seal and official documents
are exempt from execution. NOTARY'S FEES— certificate and seal,
50c; taking depositions, per 100 words, 10c; administering an oath, 15c;
taking acknowledgments with certificate, 50c; protesting and recording,
11.75; each notice of protest, 10c; each demand for acceptance «f pay-
ment, if accepted or paid, 11.00; to be paid by the party accepting
or paying the same; each noting of protest, $1.00.

146. Ploridar— ELIGIBILITY— citizen of the United States. WO-
MEN — over twenty-one are eligible. APPOINTMENT— by the governor.
TEBM — four years. BOND — for $500, filed like bonds of county officers.
OATH — ^for faithful performance of duties. DUTIES — ^to take oaths,
acknowledgments, protests, and solemnize marriages. State expiration
of commisison on all documents. SEAL — to procure an official seal for
authenticating his acts. BECOBD — to be kept of official acts. Need
not report fees collected. LIABILITY — ^for unfaithfulness. Penalty for
acting after commission expires. FEES — for protesting bills, notes, etc.,
12.00; noting marine protest, etc., $2.00; administering oath, 10c; attend-
ance at a demand, tender or deposit and noting, $1.00; each order for
survey, 50c; copying papers necessary, per 100 words, 20c; additional
100 words or fraction, 10c.

§47. Oeorglar— ELIGIBILITY — citizen of the United States, twenty-
one years old, or an attorney, and of good moral character. APPOINT-
MENT — ^by the judges of the superior courts, in vacation or in term
time. TEBM — four years, revocable at any time by the judges. COM-
MISSION — the clerk issues it and keeps a register of their names.
FEE — ^for same, $2.00 in full. BOND — none required. OATH— to be
taken before the clerk of the superior court, before entering upon their
duties, which shall be entered on the minutes of the court, as- follows:
"I, do solemnly swear (or affirm), that I will well and truly perform

the duties of a notary public for the County of , to the best of

my ability; and I further swear, or affirm, that I am not the holder of
any public money belonging to the state, and unaccounted for. So help
me God." DUTIES AND POWEBS— to take acknowledgments relating
to commerce and navigation, and to witness such deeds and papers as
they are permitted by law. To demand acceptance and payment of com-
mercial paper, or paper entitled to days of grace, to note and protest
the same. To certify all official acts when required. To administer



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§ 48] THE OFFICE AND ITS REQUIREMENTS. 39

oaths which are not required by law to be administered by a particular
officer. To exercise all other powers ineunbent upon them by commer-
cial usage or the laws of this state. They cannot issue attachments or
garnishments, or subscribe affidavits or approve bonds for the same.
JTJBISDIOTION — ^the county of their residence and appointment. SEAL
— ^to be provided for authenticating his official acts, having the impres-
sion of his name officially, the name of the state and county of his ap-
pointment. No seal is required to his attestation of deeds. BEGOBD —
to be kept of his official acts signed by him with dates. REMOVAXr—
from county vacates office. LIABILITIES — for excess of charges.
FEES — ^Protesting and notice not to exceed |1.50; administering an
oath, 30c; attendance on any person to make proof as a notary and
certifying same, $1.00; every other certificate, 50c. The cost of register-
ing is a charge and must be charged in the costs at the same time and
paid by the party for whose benefit the noting and protesting was done.
COMMEBCIAL NOTABLES PUBLIC FOB STATE AT LABGE—
ELIGIBILITY— citizenship. WOMEN— are eligible. APPOINTMENT—
by the state librarian. TEBM — ^four years, revocable at any time by
librarian. COMMISSION — the librarian issues it and keeps a record.
COMMISSION— fee— $2.00. BOND— none required. OATH— to be
taken. Form like that of county notaries. DUTIES AND POWEBS—
the same as county notaries. JUBISDICTION — have power to act in
any county. LIABILITIES— same as county notaries. OFFICIAL SIG-
NATUBES — ^must indicate that they are notaries for state at large.
FEES— same as county notaries. NOTABIES FOR MILITABY DIS-
TBICTS— APPOINTMENT— by judges of the superior court in their
respective circuits at the term of court next preceding the vacancy or
at some succeeding term after such vacancy has occurred. Becommenda-
tion of to be by the grand juries of each county. COMMISSIONED —
by the governor. TEBM — ^four years. They are ex officio justices of the
peace. Bemovable on conviction of malpractice in office. ACTS — ^bills
of exchange, drafts and promissory notes, required by the laws of this
state, may be proved by the certificate of such notary under his hand
and seal; certificate must be filed in court at first term and remain
until trial. JUBISDICTION — extends over their districts, and of other
districts in certain cases. They may sue or be sued before the other in
the district; may preside in any district of their county when the other
is disqualified. OATH — before entering on their office, to be taken and
subscribed before the ordinary of the county, viz.: *'I do swear that I
will administer justice without respect to persons, and do equal rights
to the poor and to the rich, and that I will faithfully discharge all the
duties incumbent on me as a. justice of the peace for the County of
, agreeably to the constitution and laws of this State, and accord-
ing to the best of my ability and understanding. So help me God.''

§48. Hawaiian Uande— ELIGIBILITY— citizenship. APPOINT-
MENT— by the attorney generaL TEBM— until removal. OATH— to
be subscribed to and filed in department of attorney general. SEAL—
to be procured, having engraved on it the name of the notary, and the



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40 NOTARIES PUBLIC. [§ 49

words, ' * Notary PubHc, " " Territory of HawaiL ' ' ANNUAL LICENSE
FEE - $10.00 for Honolulu and $5.00 for other judicial circuits. DUTIES
AND LIABILITIES — when requested, notary must enter on record all
losses or damages sustained or apprehended by sea or land, all averages,
such other matters as by mercantile usage appertain to his office, and
cause protest of same. All facts, extracts from documents, shall be
signed and sworn t<7 by persons appearing for protest. He shall note,
extend and record same, grant copies under his signature. Present for
payment, etc., and protest, and give notice, of negotiable paper, and
other duties usual by usage of merchants; same to be legal evidence.
Also has power to administer oaths, take depositions and acknowledg-
ments. Must inspect and note erasures or changes before taking acknowl-
edgment, under penalty. False or misleading statements in certificate
subject to penalty as well as liability for civil damages. False certifi-
cate of acknowledgment, guilty of forgery. BEOOBD — ^to be kept of all
official acts. BEMOVAL — by resignation, death or otherwise, records to
be deposited with clerk of nearest court of record. Neglect to do so
subjects to penalty. FEES — noting protest, |2.00, each; notice of, $2.00;
noting any other protest, $3.00; each notice of, $3.00; depositions, $2.00;
oath and certificate, 25c.

S 49. Idaho— ELIGIBILITY — qualifications of an elector. APPOINT-
MENT— by the governor. COMMISSION— fee— $10.00. TEBM— four
years. BOND — ^with two or more sureties for $1,000, approved by the
county probate judge. Bonds of surety companies authorized to do busi-
ness in state need not be approved. OATH — ^to be taken. Bond and
oath of office with signature and impression of his official seal to be
filed with the secretary of state. Certificate of the filing under the seal
of the secretary of state must be filed with the clerk of the county
district court. DUTIES — ^to demand acceptance and payment of bills
of exchange, or promissory notes; to protest same for nonacceptance or
nonpayment, and such acts as the law of nations and commercial usages
require; to take acknowledgments, depositions, administer oaths and
affirmations. PBOTEST — ^under his hand and seal, stating presentment
and nonacceptance or nonpayment thereof, the service of notice specify-
ing the mode, place of residence of the party and the postoffice nearest
to, is prima facie evidence of the facts. SEAL — ^to provide and keep
an official seal having on it ''Notary Public" his name and "State of
Idaho." All official acts to be authenticated with same. BECOBD — of
his official acts to be kept by him, and to give certified copies of when
requested and paid for. BEMOYAL — by death, resignation or removal
from the county, or disqualification, his records and papers must, within
thirty days, be delivered to the county recorder, who must deliver them
to the notary's successor. A notary having the records and papers of
his predecessor may grant certificates Or give certified copies with same
effect as his predecessor. LIABILITY — ^for official misconduct or neglect
the notary and his sureties are liable to the parties injured for all dam-
ages. FEES — protesting, $3.00; serving notice of protest, $1.00; record-
ing protest, 50c; drawing papers not here provided for, per folio, 30c;



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§ 50] THB OFFICE AND ITS REQUIREMENTS. 41

taking an acknowledgment, 50e; adminislibrmg oath, 25e; certificate un-
der seal, 50c.

|Ga minolfl—ELIGIBIIiITY— twenty-one years of age; a citizen of
the United States, and a resident of Illinois for one year. WOMEN —
are eligible. APPOINTMENT— by the governor, with the advice and
consent of the senate. As many as he deems necessary in each county.
A petition, signed by fifty legal voters of the city, town, village or pre-
cinct where the applicant resides shall be sent with the application.
CX)MMISSION — ^fee — payable to the secretary of state when the appli-
cation is made, |2.00. TERM — ^four years, unless sooner removed by
the governor. BOND — payable to the people of the state of Illinois,
for 11,000, with sureties approved by the governor, conditioned for the
faithful discharge of the duties of the office. OATH — to be taken and
subscribed to. Oath and bond to be deposited with the secretary of
state. On receipt of commission, same must be recorded in the office of
the county clerk, for which a fee of 25e shall be paid. SEAL — an offi-
cial seal shall be procured, with engraved words descriptive of the office,
the name of the place or county where resident With this he shall
authentieate his official acts. All the above is required before acting.
DUTIES AND POWEBS — to protest negotiable instruments for non-
acceptance or nonpayment, although protest is not required except i^
the ease of foreign bills of exchange. Notice of dishonor to be given
in accordance with the Uniform Negotiable Instruments Law, art. VII,
sees. 89-118, post ch. Y. JUBISDICTION— can execute the duties of
his office throughout the state, while he remains in the same county.
BECOBD — to be kept of all. protests and notices of same with descrip-
tion of instrument and amount. BEMOVAL— by expiration of office or
death, all his official records shall be deposited with his county clerk.
If reappointed to office he shall retain same throughout the term of re-
appointment. CEBTIFICATE OP MAGISTBACY— can be procured from
the clerk of the county where entry was made under the clerk's hand
and official seal, or can be procured from the secretary of state, under
the great seal of the state. Fee, 25c. All notarial acts of notaries in
this state authenticated by seal prior to the passage of the present law
are held good and valid. Act of May 1, 1873 (J. ft A. f 7844). All
certificates of notaries in this state, prior to the present law, failing
to show the name of city, town or county for which the notary was
commissioned, if shown from the certificate to have been performed in
this state, are vaUdated. (Laws 1869, J. & A. f 7851.) LIABILITY—
for neglect. Where the law imposes an obligation and confers the power
to enforce it, it implies a liability for neglect of the obligation. Gillett
T. Ellis, 11 m. 579. FEES— for taking acknowledgment of a deed, mort-
gage, power of attorney, or other writing, with certificate under seal,
25c; for noting a bond or promissory note, or bill of exchange for pro-
test, 25c; for protesting bond or bill of exchange, 75c; for noting pro-
test, 25e; for noting marine protest and furnishing one copy thereof,
$1.00; for extending marine protest and furnishing one copy thereof,
$4.00; each additional copy furnished, $1.00; for giving notice to drawees



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42 NOTARIES PUBLIC. [§ 51

and indoTBerSy each, 25c; for 'any other certificate under seal, 25c; for
administering oath to an affiant, 25c; for taking depositions, for each
lOD words, in counties of first and second classes, 15c; in counties of the
third class, lOe.

|6L Indiana— ELIGIBIIiITY — certificates of good moral character
and qualifications from the judges of the circuit courts of the county of
the applicant. WOMIEN — are eligible. Prosecuting attorney and mem-
ber of legislature may perform duties of notaries. APPOINTMENT —
by the governor. COMMISSION— fee— 11.00. For recording bond, 25c,
to secretary of state and clerk of circuit court. TERM — ^four years.
Wilfully acting after expiration subject to a fine from |25 to $500.
BOND — ^to be filed with the clerk of the county circuit court; approval
by him for $1,000. OATH— to be taken before entering upon their du-
ties. POWERS — ^to do all acts authorized by the common law and the
custom of merchants; to take and certify acknowledgments, affidavits,
depositions; administer oaths. JURISDICTION— throughout the state
but not compulsory beyond his resident county. SEAL — to procure a seal
indicating his official character, with such other devices as he may choose.
All acts not attested by such seal to be void. But one protest on bank
notes. All the bank notes held or owned by any individual or his law-
ful attorney on any one day and presented at any bank for protest,
shall be, by the notary public, carefully counted, sealed up in a package,
and forwarded to the office of the auditor of state, and shall be entitled
to but a single protest. PENALTIES — ^imposed for office holder acting
as a notary, falsely attaching affidavit or acknowledgment, failure to
explain instrument, acting after term expires, exacting fees for more
than a single protest of bank notes, and for failure to state date of
expiration of commission in certificate, etc. RECORD— of official acts
may be kept. A notary's certificate, attested with his official seal, is
presumptive evidence of the facts stated. Applicable to all notaries in
the United States. WHO CANNOT ACT AS A NOTARY— an officer in
any corporation, association or bank in the business of such concerns
cannot act as a notary; nor a person holding a lucrative office there.
An acceptance of such vacates his office as notary. Jurat must give
expiration of his office under a penalty of $25. FEES — certificate and
seal, 50c; taking deposition, for 100 words, 10c; administering an oath,
10c; each protest, 50c; each notice of protest, 25c; record of same if kept,
50c; copying protest, for 100 words, 10c; acknowledgments and seal, 25c;
certifying to certificate of parent or guardian, 10c.

162. Iowa— ELIGIBILITY— citizenship. APPOINTMENT— by gov-
ernor. COMMISSION — fee — $5.00. If satisfactory the commission will
issue from the secretary of state, who will advise the clerk of the dis-
trict court of the county. He will file same for record. Revocation
occurring, the governor will advise the party and the clerk of the district
court. TERM — three years from July 4. Governor will notify of expira-
tion on or before May 1 of year of expiration. BOND — for $500, ap-
proved by the clerk of the county district courts shall with signature and



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§ 53] THE 07FICR AND ITS REQUIREMENTS. 4a

impression of official seal attached be filed with the governor. OATH-*
to be taken. POWEBS and duties of the office are such as pertain by
the custom law of merchants. May take acknowledgments in counties
adjoining that of their residence in which a certified copy of their certi-
ficate of appointment may be on file with the clerk of the district court.
SEAL — to procure a seal having the words "Notarial Seal," "Iowa,"
and the notary's name at length and at least initials of Christian name.
BECOBD — of all notices sent and to whom sent is required. BEMOYAL
— from office or the county, the records of the office are to be deposited
with the clerk of the county district court within three months under
penalty and liability to party injured thereby, clerk to keep same and
give attested copies of when required. TJ ABILITY — acting after re-
moval or expiration of office, or signing documents when the parties
have not appeared before him, shall be fined not less than |50 and re-
moved from office. FEES — ^protesting, 75c; registering protest, 50c;
being present and noting a demand, tender or deposit, 50c; administer-
ing an oath, 5e; certifying to same under seal, 25c; certificate under
seal, 25c; other services same as justices of the peace; drawing and cer-
tifying an affidavit, 25c; affixing seal, 35c; manuscript of papers under
his control, for 100 words, 10c; taking deposition, for 100 words, 10c.

868. Kansa*— ELIGIBILITY— citizenship. WOKEN— not eligible.
APP0INTM;ENT — by governor. The commission, bond, oath of office,
signature and impression of his seal to -be recorded with the clerk of
the county district court and a fee paid of one dollar. After record the
papers to be sent to the secretary of state with a fee of |1.00 for filing
the same. TEBM — ^f our years. BOND — to be given with one or more
sureties approved by the county district court derk for |1,000. OATH
—to be taken. DUTIES AND POWEBS— to take acknowledgments, ad-
minister oaths, demand acceptance or payment of bills of exchange and
promissory notes, protest same when required, and to exercise such other
powers and duties as required by the law of nations and commercial
usage. No notary shall take acknowledgment or administer oath when
acting himself in behalf of a corporation. JUBISDICTION — county of
appointment. Notary residing in town or city located in two or more
counties is authorized to act in either county on filing bond and oath
in each county. SEAL — ^to be procured containing notary's name and
place of residence. All official acts to be authenticated with it. SIGNA-
TUBE — notary shall add to signature date of expiration of commission.
Neglet.« of same is misdemeanor punishable by fine of $100. FALSF
ACKNOWLEDGMENT— penalty for making false certificate is fine not
to exceed value of property conveyed or affected. BECOBD — to be kept
of official acts, certified copies to be given when required, and customary
fee paid. Protests for banks shaU be kept in a book provided by the
bank for that purpose, the same to be delivered to the bank when re-
moved from office. BEMOYAL — ^from office by resignation, disqualifica-
tion, death or otherwise, all official records and papers to be placed on
file with the clerk of the county district court within thirty days.
Limitation of suit against a notary or his sureties is three years after



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44 NOTABIBS PUBLIO. [§ 54

the action accrues. FEES — protest and recording, 25e; notice of, lOe;
certificate and seal, 25c; other services, the same fees allowed district
court clerk; pension eases, no fee over 15c.

1 54. Kentucky— ELIGIBILITY— must be twenty-ons years of age,
resident of county, person of good moral character and capable of dis-
charging his duties, which facts must be indorsed by approvers of ap-
plication. WOMEN— may be appointed. APPLICATION— in writing,
must be approved by circuit judge, circuit clerk, county judge, county
clerk, magistrate, or members of general assembly of county of
residence of applicant. Such officers are prohibited from charging any
fee for their approval. APPOINTMENT — the governor, with consent of
the senate to issue commission. COMMISSION— fee— $2.00. TEBM—
four years. BOND — ^with good sureties to be filed in his county court
for faithfulness. OATH — to be taken in his county court before acting,
to honestly and diligently discharge the duties of his station. DUTIES
AND POWERS — take acknowledgments, oaths, protest commercial paper.
NOTICE OF DISHONOB— after protesting, notice of dishonor to be
sent to all parties thereto; to fix their liability when their residences
are unknown to him, he shall send the notices to the holders. Names
of the parties to whom notice was sent shall be stated in the protest,
also the time and manner of. JUBISDICTION — ^named in the commis-
sion. SEAL — to be procured to authenticate acts. BECOBD — of pro-
tests to be recorded in an indexed book, copies of which, certified by the
notary under his official seal, shall be prima facie evidence in all courts
of this commonwealth. REMOVAL — by expiration, death, or otherwise,
all records of office to be filed with the clerk of the county court. The
clerk's certified copies from such records shall be evidence in all the
courts of the state. Date of expiration of commission to be stated on
all his certifications. His signature and official seal is sufficient authen-
tication when placed on all instruments required. Vacancies filled by
the governor during the senate 's recess, the appointment to expire at the
end of the next session of the senate. Protests in other states properly
certified shall be received as evidence in this State. LIABILITY — a
false statement in protest of notices being sent shall be deemed false
swearing, for which he shall be confined in the penitentiary not less
than one nor more than five years. Failure to record protests, subject
to forfeiture of fee and a fine of $5.00 recoverable before any justice
of the peace. NOTARIAL FEES— every attesting, protesting, or tak-
ing, acknowledging, and certifying, under seal, 50c; recording same, 75c;
notice of protest, each, 25c; adndnistering oath with certificate, 20c.

1 55. Louisiana— ELIGIBILITY— • male citizen, twenty-one years of
age^ resident of the parish five years, to pass examination before the
judge of the supreme, district or parish court. In New Orleans, two
years' residence, of good moral character and competent. APPOINT-
MENT — ^by the governor with consent of senate. N. O. parish, not over
185 can be appointed. TERM) — ^five years, or as often as bonds are re-
newed. BOND— 45,000 for Orleans parish, |1,000 for other parishes, with



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§ 56] THB OFVIOE AND ITS RBQUIREMENTS. 45

approTod seeority, executed before anj district court clerk, same witb
certificate to be filed with auditor of public accounts. Beuewable oTery
five jean. In New Orleans, 110,000, with one or more good solvent
securities appointed by judge of New Orleans civil district court. OATH
— ^DUTIES — to make inventories, appraisements, partitions, receive wills,
protests, matrimonial contracts, conveyances, contracts and instruments
in writing; to hold meetings of creditors and families, take acknowledg-
ments, aiBz seals upon deceased persons' effects, and raise same; to ad-
minister oaths. JXJBISDICnON— their resident parish. SEAIr— to pro-
cure seaL BECOBD— required for protests parties, etc., with facts. Also
all deeds to be recorded with register for New Orleans within 48 hours
after passage. Acts to be performed in their office unless party pre-
vented. NAMES — Christian name of married or widowed woman to be

given, adding that she is the wife or widow of . Christian name and

not initials always to be given by notary under penalty of |100. Begis-
tration refused if otherwise. Married women over twenty-one years
can, with husband's consent, renounce their dotal, paraphernalia and
other rights in favor of third parties. Sale of property acts cannot pass
until all taxes are paid. Penalty for violating is $50 to |200. Movable
property acts to be recorded with parish recorder; also marriage con-
tracts and all acts passed within fifteen days. In New Orleans the office
to be kept in a brick building, covered with tile, slate or terrace, under



Online LibraryFrederick Mortensen Hinch Edward Mills JohnAmerican notary and commissioner of deeds manual: the general and statutory ... → online text (page 6 of 50)