Frederick Mortensen Hinch Edward Mills John.

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

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penalty. LIABILITY — ^to suspension and damages for malfeasance, fail-
ure to record acts. Absence granted by governor. Custodian of notarial
records for parish of New Orleans to charge same fees as notaries for
eopieo. FEES — original writing, per 100 words, 20c; writing by others
and passed by notary, 25.c; recording same, per 100 words, 10c; certifi-
cate and seal, every time, 25c; copies of documents, per 100 words, 10c;
proving acts under private signature, 25c; proving same, per 100 words,
lOe; certificate to mortgage and seal, $1.00; and for per 100 words after
first 100, 20c; canceling mortgages and seal, $1.00; seal on effects of
deceased persons, $2.00; swearing appraisers, each, 25c; recording acts
of other notaries, per 100 words, 10c; inventories out of office, per hour,
50c (not over 12 hours to be charged); process, verbal, of inventory,
per 100 words, 25c; and recording certificate and seal, 25c; inventories
in the office, per 100 words, 20c; partitions, per 100 words, and reeording,
20e. Beceipted fee bill to be given each person when paid.

156. Uaino— ELIGIBILITY— a citizen. APPOINTMENT— by the
governor with consent of the council. COMMISSION— fee — $5.00, to be
paid before acting. TEBM — seven years. BOND— to be given. OATH
—of office to be taken and subscribed to. DUTIES AND POWEBS —
when requested he shall record all losses or damages sustained or appre-
hended on sea or land, and all averages, and such other matters pertain-
ing to his office; grant warrants of survey on vessels; all facts, extracts
from documents and circumstances so noted, signed and sworn to by the
parties protesting; he shall note, extend and record the protests made,
grant authenticated copies thereof under his signature and official seal
when requested and paid for; present any negotiable paper for acceptance



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46 N0TABIK8 PX7BLI0. [ i 57'

or pajment to party liable; notify parties thereto; record and eertify
contracts; take depositions the same as a justice of the peace and
quorum; take acknowledgments; administer oaths; certify country prod-
ucts, and do all acts authorized by law and the usages of merchants.
Notary who is member of a corporation may act, but act is unlawful
when notary is party to instrument. SEAL— shall keep a seal having
engraved thereon his name, "Notary Public," "Maine," the state coat
of arms, or other device, as he chooses. BECORD — ^to record same in
a book for that purpose. Acts under his seal and signature shall be
received as evidence in all courts. BEMOVAL — ^by resignation or other-
wise, or by death, his records shall, within three months, be deposited
with the clerk of the county judicial courts. Neglect forfeits from |50
to 1500. LIABILITY — a wilful destruction, defacing or concealment of
records forfeits not less than $200 nor more than $1,000, and liability
for damages to party injured. The penalties provided for one-half ac-
crues to the state, balance to the prosecutor. The secretary of state
shall, on the first day of June and December, forward to the clerks of
the state courts, registers of probate courts, judges of municipal and
police courts, clerks of the United States courts, and United States pen-
sion agents in the state, a list of all notaries in the state. FEE — ^for
protesting, notifying parties and recording, $1.50; oaths, affidavits, depo-
sitions, 20o; writing depositions, per page, 12c; acknowledgments, 20c.

1 67. Iffarylaiid— ELIGIBILnY— good character, integrity and abil-
ities, citizens of the United States, resident of this state two years, to
be resident in such place designated in the commission. WOMEN — are
eligible. APPOINTMENT — by the governor, with consent of the senate;
two to a county. Special laws apply as to number for Baltimore City.
COMMISSION — fee - -$5.00 to state treasurer and 50c is payable to the
clerk issuing the commission. BOND — ^with security for $6,000 to be
given, subject to the approval of the governor, if the appointment is for
Baltimore City, and $2,000 if for any county in the state. Neglect to
give bond within thirty days forfeits the appointment. OATH — ^to be
taken and subscribed to before the clerk of the superior or circuit court
DUTIES — to administer oaths, take acknowledgments, make protests,
certified under his seal of office. Any special acts required to be per*
formed in another county. SEAL — of office to be procured by the notary
for attesting his official acts, having engraved upon it such device as he
may desire and the name, surname and office of the notary and his resi-
dence. JUBISDICTION— in other cities and counties as well. BECOBD
—of all official acts to be kept and certified copies given when required
and payment made for. BEMOVAL — ^by death or otherwise all official
records to be deposited with the county court clerk within sixty days.
If in Baltimore, in the office of the superior court clerk. One-half pro-
test fees to be paid the state treasurer in the first week of January,
April, July and October, under forfeiture of $50 in each case, providing
fees exceed $350 per annum, and in Baltimore $500. The statement of
protest fees to be given upon oath. No protest to be signed or issued
unless stamped by the comptroller, under penalty of $500 for each offense,



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§ 59] THB OFFIOB AND ITS REQUIREHENT8. 47

to be recovered hj indictment, one-balf for the state, balance for the
informer. No protests to be rejected as eridence if otherwise admissible.
UABTTiTTY— for misfeasance or unfaithfulness in office. N0TABIE8
PUBLIC FEES — ^protesting, $2.00; drawing proceedings exceeding two
sides, 50c; do., per side, 25c; registering or copying proceedings, for everj
side, 10c; presenting for acceptance, if accepted and not protested, 11.00;
noting for nonacceptance, if not protested, 11.00; noting a marine pro-
test, 11.00; affixing seal, 50e; every search where no copy is made, 25c;
administering an oath or taking an acknowledgment, 12%c; traveling
more than 3 miles, per mile^ 20c; each notice mailed or delivered, 5c;
presenting and collecting note or bill, 11.00; other acts in proportion.

168. Massacliiuetts— ELIGIBILITY— citizenship. APPOINTMENT—
by the governor, with consent of the council, COMMISSION — ^fee —
$5.00. TEBM — seven years, unless removed, BOND — ^none required.
OATH — must take. DUTIES — can administer oaths, take affidavits of
banks, protest commercial paper, and give notice of, take acknowledg-
ments, acknowledgments of limited partnerships; depositions and oaths.
Railroad and street railway police may take oath before. Notice to
owners of insecure buildings, who live out of the commonwealth, may be
served by a notary public, under his official seal. Notaries can be ap-
pointed registrar of voters, state ballot commissioner and license com-
missioners. Jurisdiction in all counties of the state. SEAL — official seal
required. BECOBD — to be kept of official acts. BEMOVAL— by gov-
ernor with consent of counciL LIABILITY — ^knowingly destroying, de-
facing 07 concealing records or official papers subjects to a penalty not
exceeding $1,000 and liability for damages. Forgery of certificate or
record, a crime. Acting after expiration of office is punished by fine of
$100 to $500. Must be satisfied as to the identity of party making oath
to nomination papers under penalty of $10 to $50 for each offense.
FEES — protesting, $500 or more, $1.00; protesting, less than $500, 50c;
recording same, 50c; noting, 75c; notice, each, 25c; provided a $500 or
more does not cost over, $2.00; provided less than $500 does not cost over
$1.50; the noting, recording and notice not to eost over $1.25.

I 69. Michigan— ELIGIBILITY— twenty-one years of age, resident of
the county and a citizen of the state. WOMEN — are eligible. AP-
POINTMENT— by the governor, COMMISSION— on a written applica-
tion, stating age, and the indorsement of a member of the legislature,
or of the circuit or probate judge of the county, district or circuit where
applicant resides, same to be presented to the governor with a fee of
$1.00 inclosed. TEBM— four years, OATH — to be taken before the
county clerk and with him filed within ninety days after receiving no-
tice of appointment. On the last day of December, March, June and
September the clerk transmits to the state treasurer and secretary of
state a written list of all persons and their addresses to whom he has
delivered commissions during the quarter; also the date of the filing of
their oath and bond. For which applicant pays 50c. County clerk, if
appointed, files his oath with the county probate judge. BOND— $1,000,



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48 NOTAfilES PUBLIC. [{ 60

approved 'bj the eoontj clerk. DUTIES AND POWEB&— to take ae-
knowledgmentf of deeds, oaths, affidavits, demand acceptance of bills
of exchange, promissorj notes, protest same for nonpayment or nonaccept-
ance, and such other duties required by the law of nations and commer-
cial usage, other states, government, or country. Cannot act if individ-
ually a party to instrument. Besidence must be in the county for which
appointed, but they can act throughout the state. Always state expira-
tion of commission. SEAIr— to provide a seal to authenticate his acts.
REMOVAL — ^when occurring, all official records and papers shall be de-
posited with the county clerk within three months under a penalty of
$50 or $200. BECOBDB OF THE OFFICE— to be kept on file by the
county clerk. If previously destroyed or concealed, the party so doing
shall forfeit and pay damages to the party injured not exceeding $500.
Attorneys in a case cannot administer oaths when notaries. Acts re-
ceived as presumptive evidence when under his hand and official seaL
FEES — administering oath for pension, etc., to soldiers or sailors, 15c;
no fee for administering oath of office to legislatorsy military or town-
ship officers; protest, when necessary by law, 50c; protest, otherwise,
25c; notice of protest, each, 25c; affidavit, per folio, 20c; copy, per folio,
6c; drawing affidavit or other papers not mentioned, per folio, 20c;
copying the same, per foUo, Oe; taking acknowledgments, etc., 25c for one,
lOe for additional.

fee. Minnesota— EUGIBILITY— citizen of the state, twenty-one
years of age, resident of county. APPOINTMENT — ^by governor with
consent of senate. COMMISSION — ^fee — ^$3.00. Becord of commission
to be made with the clerk of the county district court on payment of
$1.00. TEBM— seven years. BOND— $2,000, with sureties approved by
the governor filed with secretary of state. OATH — ^required for
faithfulness, etc., which, with the bond, to be filed with the secretary
of state. POWEBS — jurisdiction throughout the state while resident of
the county for which appointed. To administer oaths, take depositions,
certify acknowledgments, receive, make out and record notarial protests,
to compel attendance of witnesses in taking depositions. Officers or
stockholders of corporations may act when notaries. SEAL — ^must pro-
vide with same design on as the state seal, together with the words
"Notary Public," and name of the county where resident. BECOBD —
to be kept of protests and notices. BEMOVAL — ^the seal and register
to be deposited with the clerk of the county district court. LIABILITY
•—for acting after expiration of office or for appending signature when
parties have not appeared before him, guilty of misdemeanor. For over-
charging or misfeasance in office subject to removal. FEES— witnesses,
per day, $1.00; witnesses, travel, per mile, 6c; commission for taking
deposition, per folio, 15c; protest, when necessary by law, $1.00; protest,
otherwise, 25c; notice of protest, each, 25c; drawing affidavit, per folio,
20c; copying affidavit, per folio, 6c; administering oath, 25c; taking
acknowledgments, 25c; taking deposition, per folio, 15c; recording instru-
ment, per folio, 10c. SIGNATUBE — ^must print, typewrite or stamp his
name after his signature and indorse date of expiration of commission.



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§ 62] THB OFFICE AND 1X8 REQUIREMENTS. 49

f 61. lOfldaiippi— ELIGIBILITY— eitizen. APPOINTKENT— by the
gOTernor. COMMISSION— fee— #5.00. TEBM— four yean. BOND—
for $2,000, with sureties approved and conditioned by the board of super-
, visors and county chancery clerk. OATH — ^to be taken. Oath and bond
to be filed with the clerk of the county chancery court. DUTIES — to
administer oaths incident to his office, receiye proofs or acknowledg-
mentSy make declarations, and other matters commercial usage requires,
all under official seal. SEAL — to be provided, having on the name of
the city or town, with that of the state, his name on the margin, and
"Notary Public" across the center. All his officials acts to be attested
with same. BEGOBD — ^he shall keep a register of all his official acts
and give certified copies of same when requested and paid for. BE-
MOYAL— by any cause, all official papers and records to be deposited
with the county circuit court clerk within thirty days. The clerk may
maintain action for them. Ex offldo notaries, justices of the peace,
clerks of the circuit and chancery courts, by virtue of their office, can
discharge all the duties of notaries and attest their acts by the common
seal of office with the same effect. The board of county supervisors to
provide a notarial seal with the inscription, "Notary Public of the

County of j^* around the margin and the image of an eagle in the

center, which seal shall be kept in the office of the clerk of the circuit
court for the use of ex olfloio notaries public. LIABrLITT — ^unfaith-
fulness in office. FEES — Protesting, $1.00; registering same, 50c; attest-
ing letters of attorney, 50c; affidavit to an account, 50c; oaths, 50c;
notarial procuration and seal, $1.00; certifying sales at auction, 50c;
taking proof of debts, 50c; copy of record and affidavit^ $1.00; insurance
protest, $1.00; acknowledgment, 25c.

162. lOflMurl— ELIGIBILITY — ^age twenty-one years, a citizen of
the United SUtes and of this state. WOMEN— are eligible. APPOINT-
MENT— by the governor. COMMISSION— fee— $5.00. TEBM— four
years. BOND — ^with two securities for $2,000. In counties of more
than 100,000, $5,000, approved by the clerk of the county court (in St.
Louis, by the clerk of the circuit court). Bond and oath shall be filed
and recorded with the county clerk; in St. Louis, with the circuit clerk.
The bond after recording shall be filed with the secretary of state. No
suit shall be instituted against any notary or his sureties more than
three years after action accrued. New bond required on verified state-
ment of citizen that bond is insufficient. OATH — to be taken and in-
dorsed on the commission. DUTIES — ^may administer oaths and affirma-
tions, take acknowledgments, affidavits, depositions, make declarations
and protests, under official seal. Have the power and perform the duties
of register of boatman. SEAL — shall provide a notarial seal having on
their name, "Notary Public," county or city where resident, and the name
of the state. Shall designate in writing, in certificates signed by them,
the date of expiration of their commission; shall not change their seal.
Shall authenticate all their official acts therewith. BECOBD — shall keep
a record of their official acts, except those connected with judicial pro-
ceedings. LIABILITY— upon the application of any clerk of a circuit
4



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50 NOTARIES PUBLIC. [§ 63

or criminal eonrt of this state the secretary of state shall sex^d to the
clerk the original bond of any notary when required as evidence in a
suit at law or for any indictment, the clerk to safely keep and return
same when suit is determined. FEES — noting for protest, 15c; noting
without protest, 35c; entering protest, 35c; registering protest, 35c;
notice to each indorser, 15c; travel, per mile, 8c; taking acknowledg-
ments, etc., 50c; marine or fire insurance protest, $5.00; drawing contract
of a boatman, 75c; certificate attested by seal, 50c; entering of a boat-
man not acting according to contract^ 15c; sealing same, 10c; copies
of records, etc., per 100 words, 15c; other fees the same as justices of
the peace.

I 63. Montana— EIJGIBILITY-~a citizen of the United States and
the state for at least one year preceding appointment, and must continue
to reside in state. APPOINTMENT— by the governor. May be removed
on ten days' notice. COMMISSION— fee— $5.00. File with county
clerk, fee, ^c; each certificate, $1.00 to secretary of state; to clerk, 50c.
TERM — three years. BOND— $1,000, approved by secretary of state.
Same, with oath and signature to be filed with secretary of state.
Fee, $2.00. OATH — to be taken. DUTIES — demand acceptance, pay-
ment of or protest of commercial papers; take acknowledgments, depo-
sitions, affidavits; administer oaths, etc.; give certified copies of records
in his office when required and paid for.. May act for corporation unless
individually party to instrument. Jurisdiction throughout state. SEAL
— to provide a seal, having engraved on "Notarial Seal," state, his
surname and at least initials of Christian name. All his official acts to
be authenticated with same. On certificate following words "notary
public for State of Montana," must appear, residence and date of ex<
piration of commission. Always sign name and office. BECOBD — ^to
be kept of official acts. BEMOV Air— from office, official documents, etc.,
to be deposited with the county clerk. Liable for neglect to do so.
Clerk to furnish certified copies when required and paid for. LIABIL-
ITIES — with bondsmen, for misconduct and neglect. Attempts at fraud
or deception, penalty one to fourteen years. FEES — ^protesting, $1.00;
notice of protest, $1.00; recording every protest, $1.00; maxinium fee,
$2.50 for protest; affidavit, deposition, per folio, 20c; acknowledgments,
$1.00; additional signature, 50c; oaths, 25e; certifying affidavit with
oath, 50e.

164. Kebnudui— ELIGIBILITY— resident of county. WOMEN— are
eligible. APPOINTMENT — by the governor upon petition of twenty-
five legal voters of the county. COMMISSION — shall be forwarded to
the county clerk, who shall within ^ve days notify the person appointed
of its receipt, the person shall within thirty days execute a bond, deliver
it to the clerk, qualify, and receive his commission. Fee to secretary,
$1.00; to clerk, $2.00; both payable to the county clerk. TEBM — six
years, unless sooner removed. BOND — ^to be given for $2,000, with two
county resident sureties, or one surety if an incorporated surety com-
I'uny authorized by the state to transact such business. Sureties shall



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§ 65] THS OFFICE AKD 1X8 BSQUIBEHENTS. 61

make oath on the bond that they are resident freeholders of the coontj
and are worth at least $2,000 over all indebtedness and liabilities, and
subscribed to before a person authorized to take oaths, who shall attach
his certificate. OATH — ^to be indorsed on the bond, subscribed and cer-
tified before an authorized officer. The county clerk shall file the bond,
record the commission, bond, justification of the sureties and oath and
send the secretary of state notice. DUTIES — ^within his county, to ad-
minister oaths, take depositions, issue summons and punish for refusal
to testify, acknowledgments, demand acceptance, payment, or protest
and give notice of, and duties customary. His acts and record, certified
and sealed over his signature, shall be presumptive evidence in all courts
of this state. May procure supplementary commission to act throughout
state on filing bond of $6,000. Filing of copy of bond and certificate
prerequisite to acting in another county. SEAL — shall provide a seal
having engraved on "Notarial Seal," name of the county, "Nebraska,"
and, if desired, his name, and the date of expiration of his commission.
All his official acts shall be authenticated therewith, including signature,
also the date of expiration of office. BEGOBD — of all his protests, and
notices of, shall be kept with copy of instrument^ except those recorded
elsewhere by law. BEMOYAL — ^by any cause, or removal from the coun-
ty, or death, within thirty days he shall enter in his official record a
certificate, over his hand and seal, that such record is his official record
to the time of expiration of office. Deposit it with the county clerk.
Failure to comply subjects to a forfeit and penalty of $200. TJ ABILITY
— ^for any neglect or misconduct in office on official bond. Bemovable
by governor, on hearing, for malfeasance. FEES — ^protest, $1.00; record-
ing same, 50c; notice of protest, each, 25c; administering oath, 5c; taking
affidavit, 25c; taking deposition, each 100 words, 10c, and no more;
certificate and seal, 25c; taking acknowledgments, 50c.

166. Nevada— ELIGIBILITY— -a qualified elector. WOMEN— over
twenty-one years of age, who have resided in the state one year and in
the county or district six months preceding appointment, are eligible.^
APPOINTMENT— by the governor. COMMISSION— fefr— $10, to secre-
tary of state. TEBM — ^four years, unless removed. BOND — ^for $2,000,
sureties approved by county district judge. OATH — to be taken and
indorsed on commission. Bond and oath to be recorded with county
clerk. DUTIES — ^to demand acceptance and payment or protest com-
mercial papers, take acknowledgments on the instrument or attached,
depositions, affidavits; administer oaths, proofs, etc. May act for bank
if not individually party to instrument. JXJBISDICTION— the state.
SEAL— to provide a seal having engraved on his name, county, initials
of the state and words ''Notary Public.'' All official acts to be authen-
ticated with same. BECOBD— to be kept of all acts with names of
parties, etc. This and seal are exempt from execution. BEMOYAL—
by any cause, records to be delivered to the county recorder within sixty
days, or to his successor on the termination of his office. LIABILITY —
for neglect or misconduct, with damages and a fine not exceeding $2,000,
with removal. Certified copies of his recordsy under his hand and seal.



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52 NOTARIES PUBLIC. [§ 66

are prima facie evidente in eourts of the state. FEES — drawing and
eopjing protest, $2.00; serving notice of protest, $1.00; drawing affidavit,
deposition or other paper not provided for, per folio, 30c; taking ac-
knowledgment with seal and certificate, for first signature, $1.00; addi-
tional signatures, each, 50c; administering oath or affirmation, 25c; each
certificate including writing and seal, 50c.

f 66. New Fampahire— EUGIBIIJTY-^nalifled to vote. WOMEN—
are eligible. APPOINTMENT — by governor, with advice of the council.
COMMISSION— fee— $1.00. TEBM— five years, BOND— none required.
OATH— to be taken. DUTIES AlTD POWEBS— protest bills, notes, etc.
Same certified under his hand and official seal shall be evidence of the
facts stated. In addition, he shall have the same powers as justices of
the peace as to depositions, acknowledgments and oaths. BEMOYAL —
by any cause, within six months, all records, etc., must be deposited with
the secretary of state. Deposit to be made by representative in cases
of death, insanity, etc. Certified copies given when required and paid
for. lilABTIilTY — ^refusal or neglect to deliver records on demand, or
knowingly destroying or concealing same subjects to a fine not exceeding
$1,000, one half for the prosecutor, the other half for the county; also
liable for damages for injuries resulting to any person. For overcharging,
a fine of $50 each time. FEES — ^protesting under seal, 50c; certificate
under seal, 25c; waiting on person for payment or witnessing and certi-
faring under seal, 50c; every notice of nonpayment, 25c; taking deposi-
tions, per page, 17c; swearing witness and caption of deposition, 34c

f 67. New Jersey— ELIGIBILITY— citizenship. WOMEN— may act.
APPOINTMENT— by the governor. COMMISSION— fee— $10.00, to be
sent with the application and returned if appointment not made. TEBM
— five years. Bemovable at pleasure of governor. BOND — ^none re-
quired. OATH — to be taken and subscribed to before the county clerk
for faithfulness in office. Fee for same, 50c. POWEBS — to protest bills
and notes. SEAL — to be procured to authenticate official acts; not re-



Online LibraryFrederick Mortensen Hinch Edward Mills JohnAmerican notary and commissioner of deeds manual: the general and statutory ... → online text (page 7 of 50)