Frederick Mortensen Hinch Edward Mills John.

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

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quired to oaths. BECOBDS — ^to record all bills of exchange or promis-
sory notes, protested by them, the time, place, when, where, upon whom
demand was made, with a copy of the notice of nonpayment, how served,
time, when, if sent, manner, to whom, address, time of mailing and
where, name to be signed. BEMOYAL — by any cause, record to be
deposited with the county clerk. Certified copies to be made under their
hand and seal when required and paid for. Becords of notaries of other
states, duly proven eopies, shall be received as evidence in any court of
this state, notice having been previously given the adverse party. LIA*
BILlTlES — ^for excessive tew and unfaithfulness in office. FEES — ^pro-
testing foreign bills, $1.75; protesting notes and inland bills, each, $100.00,
$1.50; less than $100.00, $1.30; forfeit for each overcharge, $25, with
cost for collection; administering each oath, 25e; examination of wit-
nesses^ 80c per folio; copy of testimony, lOe per folio; certifying exhibit
shown to witness, 15c; taking proof of deed, $1.00; acknowledgment,
$1.00; affidavit, 2Bt; acknowledgment of warrant to satisfy judgment,



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§ 69] THB OFFICE Ain> 1X8 EBQUIBXICSNTS. 53

$1.00; acknowledgment of foreign deed, $1.00. CBBTIFICATES OF
AUTHOBITY— issued by eonntj clerk for filing with other county
clerks. Fee for issuance, 50e; fee for filing same, $1.00. County clerks
to issue certificates showing authority of notary, etc., fee, 25c.

f 68. Now Mexico— ELIGIBILITY— resident of state one year, twenty-
one years of age, of good moral character. WOMEN — are eligible. AP-
POINTMENT — ^by the governor. Military posts in the territory may also
have a resident notary, appointed by the governor, who shall be invested
with same powers. COMMISSION— $2.50 to secretary of state, $1.00
to county clerk for recording. TEBM — four years. BOND — ^to be given
to the territory for $500, with two securities, conditioned for faithful
performance of his duties. OATH — to be taken and indorsed on his
commission before entering upon his duties. Bond, commission and oath
to be recorded with his county clerk. To be sued upon by any injured
party. DUTIES AND POWERS— to administer oaths, affirmations, re-
ceive proofs or acknowledgments, make declarations and protests, certify
same under their hand and official seal. May be appointed as referees
in matters involving dependent or neglected children. SEAL— to be pro-
cured containing his name, title and county. All acts to be authenticated
therq^with. BECOBD — to be kept of all official acts, and certified copies
furnished when required and paid for. Penalty imposed for noncom-
pliance. BEMOYAL — ^by any cause, all official papers, etc., to be de-
posited with the county clerk within thirty days, who will deliver same
to the successor. The certificate of a notary, under his official seal,
shall be prima facie evidence of the facts. LIABILITY — any notary
public wilfully issuing a false certificate shall be punished by a fine of not
less than $20 nor more than $500, and liable to the party injured. Pen-
alty imposed for acting when disqualified. Bemoved for noncompliance
with statute, or malfeasance. FEE — protest and certificate, $2.00; notice
of, each, 25c; certificate under seal, 25c; oaths, 5c; acknowledgments, 2Sc.
For depositions, noting meetings, $1.00; noting adjournments, $1.00;
swearing witnesses, 25c; certifying and transmitting record, $1.50; tran-
scribing, 15c per folio; additional copies, 5e; per folio; mileage, 10c per
mile.

I 69. K«w York — ^ELIGIBILITY— citizen, to reside in county where
appointed. WOMEN— are eligible. APPOINTMENT— by the governor,
by and with the consent of the senate; one can be appointed for each
bank applying. He can appoint for vacancies during recess of the sen-
ate. COMMISSION — ^fee — in New York county, Kings county, or Bronx
county, $10.00. In any city having a federal or state enumeration of
more than fifty thousand and less than six hundred thousand, $5.00. Ir
elsewhere, $2.50. Neither the clerk of the city and county of New York
nor of the county of Kings shall file a certificate of appointment, other
than New York or Kings, until $7.50 is received. COMMISSIONS— may
be signed by the governor's private seeretary. BEMOVAL — may be
made by the governor, the notary to be given a copy of the charges
filed against him and allowed heuiag. Goonty clerk will notify of ap-



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54 KOTARIES PCRLIC. [§ 70

pointment, upon receipt by him of eommissioii, by inclosing notice in
an envelope having the clerk's address printed thereon. Failure to file
oath of office and paj fee within fifteen days after notice, or within
fifteen days after term of commencement, vacates the office. TEBM —
two years from M^arch 80. POWEES AND DUTIES— anywhere in the
state to demand acceptance and payment, or protest bills and notes, to
exercise such powers and duties as the law of nations and commercial
usage allow. In the county of his appointment, and elsewhere, to ad-
minister oaths, affirmations, take affidavits, acknowledgments, proofs of
deeds, etc., certify same. Seal not necessary nor certificate of county
clerk for admitting same as evidence. Any notary appointed for any
county of the state, upon filing in the clerk's office of any county his
autograph signature and a certificate of the clerk of the county, in and
for which he is appointed, setting forth the fact of his appointment and
qualification as such notary public, may exercise all the functions of his
office in the county in which such autograph signature and certificates
are filed. Fee for same, $1.00. The county clerk where so filed shall,
when requested, subjoin to any certificate of acknowledgment, signed by
^ch notary, a certificate under his hand and seal stating the facts of
filing, that he is acquainted with the handwriting and believes the signa-
ture genuine. Such instrument shall then be entitled to be read in evi-
dence or to be recorded. Protest may be made by a notary public, or by
any respectable resident of the place where the bill is dishonored, in the
presence of two or more credible witnesses; must be made on the day
of its dishonor. When a bill has been noted the protest may be subse-
quently extended as of the date of the noting. Notary interested in
bank or other corporation may act except when individually a party to
instrument. SEAIr— to procure an official seal for authenticating his
official acts. Oaths need not be sealed, nor other acts. BECX)BD — ^to be
kept of official acts. BEMOYAXr— on expiration of office, all records to
be delivered to their successors. LIABILITY — ^for misconduct to extent
of damages sustained; for accepting a railroad pass. Person acting as
notary without appointment or who practices fraud or deceit is guilty
of misdemeanor. FEES — notice for nonpayment or assessment of tax
on mortgages, 75c; protesting, 75c; notice of protest, 10c; not exceeding
five, acknowledgments, 25c; each additional, 12c; oaths, 12c A fee for
an affidavit as to child 's age under the employment act is illegal. MAB-
BIAGE OF FEMALE NOTABY — ^female notary securing reappointment
under married name may act by signing maiden name in notarial capac-
ity and adding married name in parentheses.

f m Kortb Oarollna— ELIGIBILITY— citizen. WOMEN— are not eli-
gible. APPOINTMENT— by the governor. COMMISSION— fee— $3.00.
Certificate of commission to be filed with the clerk of the court, who
shall note the qualifications of the notary. Gerks of the superior courts
may act as notaries in their several counties by virtue of their office,
and may certify their notarial acts under the seals of their court. TEBM
— ^two years. BOND — ^none required. OATH — ^to take oath of office be-
fore the clerk of their county superior court. DUTIES AND POWEBS



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§ 72] THE OFFICE AND ITS BBQUIBBMBNTB. 55

— ^to take and eertify acknowledgment and proof t, depositiont, administeT
oaths, take affldayitSy and take the privy examination of femmes covert,
verify pleadings in or out of the state. Must state date of expiration
of commission after signature. JUBISDIOTION — ^throughout the state.
SEAL — ^required. Acts to be attested. BECOBD — not required. LIA-
BILITIES — for misfeasance in office. FEES — certificate and seal, 50c;
protesting, 50c; each notice, 10c; acknowledgment of chattel mortgage,
25c; seal and certificate, 10c; other services^ 20o for every 90 words.

171. North Dakota— ELIGIBILITY— citizen of the state, of either
sex, of electoral qualifications. APPOINTMENT — by the governor.
COMMISSION — ^fee— ^5.00. Commission to be displayed in conspicuous
place in notary's office and to be recorded with the county district court
clerk, together with signature and impression of official seal; fee, 50c.
On removal from the county to another county, same method to be pur-
sued. TEBM — six years. BEMOYAL — ^by any cause, records and papers
to be deposited with the clerk of the county district court within three
months after vacancy of office, under penalty of $50 to $500, and liabil-
ity to party injured. BOND — ^for $500, with sureties approved by the
district or county court clerk. OATH — ^to be subscribed to. DUT7 —
to protest bills and notes, etc., and give notice to its maker and indorsers,
administer oaths, issue subpoenas, take depositions, and such duties re-
quired by law. Service of notice personally or by mail. Oath, bond
and impression of seal to be filed with the secretary of state. Notary
taking acknowledgment shall indorse date of expiration of commission
following signature. Commission to be conspicuously posted, also fee bill
under penalty. JUBISDICTION— throughout the state. SEAL— notary
to procure an official seal. BECOBD — ^to be kept of all protest notices,
time, manner of service, names of all parties, description and amount.
LIABILITY — acting when disqualified, or for appending official signature
to any document when the parties thereto have not appeared before him,
is a misdemeanor and on conviction is punishable by a fine of $100 for
each offense and removal from office. FEES — protest notice and postage,
25c; protest, $1.50; recording same, 50e; taking affidavit and seal, 25c;
administering oath, 10c; taking deposition, per 10 words, l^e; certifi-
cate and seal, 25c; acknowledgment, 25c; witness fees, per day, $1.00;
mileage, per mile one way, lOe.

f 72. Ohio— ELIGIBILITY— a citizen of this state, twenty-one years
of age or over, residing in the county for which appointed, must produce
a certificate from a judge of a common pleas, court of appeals or supreme
court, that he is of good moral character, a citizen of the county, pos-
sessed of sufficient qualifications and ability to discharge the duties of
the office; the judge must have personal knowledge of the fact, other-
wise the applicant must pass an examination under such rules as the
judge may prescribe. No banker, broker, cashier, director, teller, or
clerk of any bank, banker, broker, or other person holding any official
position to any bank, banker or broker, shall be competent to act as
notary in any matter to which said bank, banker or broker is in any



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56 NOTARIES PUBLIC. [§ 73

way interested. APP0IN7MBNT— by the gOTernor. COMMISSION—
fee— $1.00. Commission, with oath of office indorsed thereon, to be filed
for record with the clerk of the connty court of common pleas, and
indorsement made on the margin of the record and on the back of the
commission the time of its receipt, also a proper index to be made of it.
A certified copy of same, under the seal of the court, to be given upon
application. Fee for recording and indexing, 40c. TERM — three years,
unless commission is revoked. BOND — ^to be given to the state for $1,500,
with sureties approved by the governor, filed with secretary of state
and copy to be filed with the clerk of the common pleas court. OATH —
to be taken and subscribed on the commission. POWEBS — ^within their
county to administer oaths, take depositions, acknowledgments, make
and record protests. Has powers of justice of the peace in taking depo-
sitions, to compel attendance of witnesses. If he resides in a city or
town situated in more than one county he can protest and record within
the limits of such city or town. Protests under the laws of this or any
other state accompanying a bill or note protested by such notary shall
be held and received as prima facie evidence of the facts. It may be
contradicted by other evidence. SEAL — ^to be provided by the notary
before acting. It shaU be not less than 1^ inches in diameter and 0ur-

rounded by the words "Notarial Seal, County, Ohio." (Insert

name of county.) BEGISTEB — to be provided by the notary, in which
eicery certificate of protest and note shall be recorded. BEMOYAL —
seal and register are exempt from execution, and upon the death, expira-
tion of office without reappointment, or removal from office, the register
shall be deposited in the office of the county recorder. UABHiITY —
acts done after expiration of term are valid. EJiowingly performed, shall
forfeit any sum not exceeding $500, recoverable in the name of the
state. Such an act renders the notary ineligible to reappointment. Ex-
cess of legal charges, or unfaithfulness or dishonesty in office, on com-
plaint filed and substantiated in the county common pleas court, sub-
jects the notary to removal from office by the court and the fact re-
ported to the governor, and renders the party thereafter ineligible te
office. Certifying affidavit without administering oath is misdemeanor,
subjecting to fine and removal from office. FEES — ^protesting, demand,
notices, on each bill or note, $1.00, and expenses for going beyond the
limits of the city or town; recording same, per 100 words, 10c; taking
acknowledgments, 40c; taking affidavits, 40c; taking oaths, 40e; taking
depositions, per 100 words, 10c; issuing subpcena, 25c; pension oaths, 10c;
certifying claim against an estate, 25c.

1 7S. Oklahoiiiik— ELIGIBILITY— citisenship. WOMEN— are eligible.
APPOINTMENT— by governor. COMMISSION— fee— $1.00 to secretary,
$L00 to county clerk. TEBM— four years. BOND — $1,000, with one or
more sureties approved by the county clerk. OATH — ^to be taken. Com-
mission, oath, bond, impression of seal and signature to be filed with the
county clerk and secretary of state. DUTIES— take acknowledgments,
administer oaths, demand acceptance or payment, and protest commer-
cial paper, and such acts as commercial usage requires. SEAL— to pro-



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§ 75] THB OFFIOB AKD 1X8 KBQUIRB1CBNT8. 5?

vide such, containing his name and residence, and authenticate acts with,
adding date of expiration of office. BE6ISTEB — ^to be kept of his official
aetSy and certified copies given when required and paid for. Special
record to be kept of protests for banks and delivered to them on re-
moval from office. BEMOYAL— by any cause, all official books and
papers to be deposited with countj clerk. LIABILITY — for failure tc
add date of expiration of commission, fine not exceeding $50. Limita-
tion of action, three years after cause accrues. FEES — ^protest and
record of, 50c; each notice of, lOc; certificate and seal, 25c; acknowledg-
ments, 25c; affidavits, 25e; other fees same as clerk of the district court.
No fee allowed for administering any oath or giving certificate to a
discharged soldier or seaman, or widow, orphan or legal representative
thereof, for pension, bounty or back pay, nor for any voucher required
for pexiodiesl dues. Penalty for violating, $10 to $25.

f74. Oregon — ELIGIBILITY — citizenship, twenty-one years of age.
APPOINTMENT— by the governor. COMMISSION— fee— $5.00 to secre-
tary of state, and $1.00 to county clerk for recording. TEBM — ^four
years, unless sooner removed. BOND — ^to be given for $500 with surety.
OATH — to be taken before acting. DUTIES — ^to protest commercial pa-
per and give notice of same to parties in interest immediately. Service
to be personal, provided they reside within two miles of the notary,
otherwise service by mail. To take acknowledgments and administer
oaths. Full faith given to their acts. JXTBISDICTION— throughout the
state. SIGNATUBE — to be followed by date of expiration of commis-
sion, under penalty of cancellation of commission. SEAL — to be pro-
vided and an impression of it with oath and bond to be deposited with
the secretary of state. BECOBD — to be kept of all notices, manner and
time of service, names of parties, description and amount of the instru-
ment, same to be competent evidence in all courts of this state. BE-
MOVAL — ^by death, etc., the records shall be deposited with the county
clerk within ninety days, who shall keep same and give ceHified copies
when required. LIABILITY— a forfeit of from $50 to $500 for failure,
or for wilful destruction, defacing or concealing of records, and dam-
ages to party injured. FEES — protesting, $L00; attesting instrument
and seal, $1.00; noting, $1.00; registering protest, $1.00; affidavit and
seal, $1.00; acknowledgment, $1.00; proofs, per folio, 25c; depositions,
per folio, 25c; oaths, administering, 25c.

1 75. Pennsylvania— ELIGIBILITY— of good character, integrity and
ability. To reside where designated one year. Besident of the state
two years. A stockholder, director or clerk in a bank or banking insti-
tution, or in its employ, are eligible not to act for company interested.
Besidence may be in a different part of the county, or adjoining county,
provided an office is kept where the commission names. WOMEN —
twenty-one years of age and citizens of the state can act. If one marries
while in office, must return governor her commission with married name
before performing any notarial act; he will return a new commission
without fee. A new bond with seeuri^ required. APPOINTMENT— by



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68 NOTAHIES PUBLIC. [§ 75

the goyernor. COMMISSION— fee-~$25.00 and tax of $10.00. Treas-
nrer's receipt to be shown before appointment, except when reappointed
after recess of senate. If disqoalification forbids, a commission money
paid will be refunded on a certificate of the facts, indorsed by the
governor. TEBM — ^four years. If appointed during recess of senate,
the conuniflsion expires at the end of the next session of the senate,
unless confirmed by the senate, which entitles to a commission for four
years from confirmation. BOND — in a sum not exceeding six hundred
pounds and two sureties to be given, approved by the governor, sanle
to be recorded in office for recording of deeds within the county. Sub-
ject to be sued on by parties injured. OATH — or affirmation — ^to be
taken and subscribed to for the faithful performance of all duties and
the state constitution before acting. POWERS — to administer oaths
incident to their office, to taike acknowledgments or proofs of instru-
ments in writing, to make declarations, to protest, to take depositions
and affidavits. ACTS — performed outside of the county are valid. Ex-
piration of office to be stated on every certificate and act. SEAL — to
be provided with arms of commonwealth, name, surname and office of
notary and place of residence. REGISTER — to be kept of all their
official acts and certified copies given when required and fee paid. RE-
MOVAL — for any cause, must, within thirty days, deposit register and
official papers with the county recorder, who shall give certified copies of
same when required and paid for. Same, certified under his official sea],
shall be evidence in all cases when required. LXABILITY — failure or
neglect to so deposit subjects to forfeiture and payment of $100, and the
further sum of $100 for each ten days negligent thereafter, recoverable
for the use of the party suing, and shall be liable in damages to persons
injured. The recorder may bring action for the register and papers.
Their official acts, protests and attestations, certified according to law
under their hands and seals of office, may be received in evidence, pro-
vided other parties may contradict same by other evidence. TAX — in
making up the state tax they shall deduct from the amount due the state
the true, legitimate expenses of their offices. In Philadelphia they shall
pay annually five per cent of their gross receipts in lieu of other taxes.
Returns made under oath annually on or before the Slst day of De-
cember. A refusal or neglect of thirty days forfeits their commission.
The acts of foreign notaries, in accordance with the laws of their coun-
try, shall be prima facie evidence of the matters set forth. The consul
or vice-consul of the United States at or near the notary's residence
shall certify (under) his seal that such notary is a proper officer and
acts are in accordance with the laws of the country. FEES — certifi-
cates of copy ready made, 50c; comparing same, per 100 words, 7c;
certificates of sales at auction, 50c; taking proof of debts to be sent
abroad, proof and acknowledgment of letters of attorney for receiving
and transferring public securities, 50c; protesting, 75c; registering, etc.,
50c; affidavit, 50c; attesting letter of attorney, 50c; registering foreign
sea protest^ $1.00; registering copy of each protest, 12% c; registering
foreign bill protested and eertificate, 50c; registering protest of a biU



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§ 77] THE OFFICE AND ITS REQUIREMENTS. 59

of eitcbange or promissory note for nonacceptance or nonpaTinent, 25c;
entering or noting sea protest to be deducted from the legal charge for
the protest if extended, $1.00; noting a bill of exchange, note or thing
properly protestable, 37 %c; drawing and taking proof of the acknowledg-
ment of a bill of sale, bottomry, mortgage, or hypothecation of a vessel
or charter party, $1.00; certifying power of attorney, 25c; drawing and
certifying affidavit, $1.00; oath or af&rmation, 12%c; notarial procura-
tion under seal, 75c; letter of attorney, for transferring stock, etc., and
certifying same, 50c; drawing and taking acknowledgment or proof of
substitution to a letter of attorney, $1.00; being present at demand,
tender or deposit, and noting same, 50c. In Allegheny county — ^making
demand for payment, 5Dc; protesting same, 50c; registering protest, 50c;
each notice, exceeding two, 10c; oaths or affirmations, writing and cer-
tifying, $1.00; probate to bill or account and certifying, 50c; acknowledg-
ments, 25c; each additional name, 25c; depositions, first page, folio cap,
$1.00; depositions, each additional page, folio cap, 75c; marine protests,
with affidavits, certificates, seal, etc., $10.00. In Philadelphia — fees in-
creased 50 per cent except as to acknowledgments.

§ 76. PhlMppln© Manda— APPOINTMENT— by courts of first instance
and in Manila, by judges of supreme court. Clerks of courts of first
instance to be notaries by virtue of office. TERM — two years from Janu-
ary Ist of year of appointment. OATH — ^to be taken before judge or
justice of the peace and recorded with commission in office of clerk of
court. CERTIFIOATE OF APPOINTMENT— to be forwarded to secre-
tary of governor general. JURISDICTION — in province, or city of Mani-
la, but not elsewhere. SEAL — ^to be used to affix to papers signed.
Metal, having name of province, words '^ Philippine Islands," name of
notary on margin and words ''Notary Public" across center. Date of
expiration of commission to be affixed to all acknowledgments. POW-
ERS — to administer oaths, take affidavits, depositions, acknowledgments,
or proof of all writings relating to commerce and navigation and other
writings commonly proved before notaries. RECORD — to be kept and
certified copies given when requested. Record of all protests in detail
required. LIABILITIES — affixing seal after expiration of commission
is misdemeanor, subject to fine of 1,000 pesos or imprisonment not ex-
ceeding one year, or both. Failure to certify certificates of registration,
or that parties are exempt from tax, subjects to penalty of 100 pesos,
and notary's commission may be revoked. FEES — protesting, 1 peso
50 centavos; registering, 50 centavos; attesting letters of attorney and
seal, 50 centavos; affidavits, 50 centavos; oaths and affirmations, 40
centavos; proof of debts to be sent abroad, 50 centavos; writing affidavit



Online LibraryFrederick Mortensen Hinch Edward Mills JohnAmerican notary and commissioner of deeds manual: the general and statutory ... → online text (page 8 of 50)