Frederick Mortensen Hinch Edward Mills John.

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

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and deposition, 10 centavos each 100 words; certified copy of record and
affidavit of its contents, 1 peso; acknowledgments, 50 centavos.

§77. Porto Blco — ELIGIBILITY— lawyers presenting certificates of
good moral character, a citizen of Porto Rico or the United States, of
legal age — male. Justice of the peace may act. APPOINTMENT — by
supreme court on examination. Regulations published. FEE — $5.00,



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60 NOTARIES PUBLIC. [§ 78

$1.00 to aecretarj. BOND— for good character. SEAL— DUTIES— send
protocol each month to clerk of supreme court. Documents requiring
tax must show treasurer's receipt before making certificates to them.
BECOBD — to be kept, and open for inspection. BEMOVAI/— to send
books and papers to clerk of supreme court. LIABILITIES — ^for not
sending protocol each month to clerk of supreme court, $300. Suspended
from oi&ce on second occurrence. JUBISDICTION — ^no limitation. Docu-
ments may be written in English when notary and parties know that
language; may be tjpewritten.

§78. Ehod© Island— ELIGIBILITY— a citizen. APPOINTMENT— by
the governor. COMMISSION — ^within thirty days after its date, party
shall deliver to the secretary of state a certificate that he has been duly
engaged thereon, signed by the persons for whom such engagement shall
have been taken. Failure to do so forfeits the appointment. Fee for
same, $2.00. TEBM — one year to 1st of July of year after appointed.
After expiration of of&ce, if not reappointed, he may continue to act
thirty days after the Ist day of July in each year. BOND — ^none seems
required. OATH — ^to be taken for faithful performance of duties. DU-
TIES — protest bills and notes, take acknowledgments and depositions,
administer oaths, and matters within their office. Issue sobpcenas. No
protest shall be made by any notary who is the president, cashier, di-
rector, clerk or agent of any bank or institution for savings, wherein
such note, draft or check has been placed for collection or discount.
SEAL — official seal required to authenticate acts. BEOOBD — to be kept
of important acts. BEMOVAL — by governor after notice and opportu-
nity for defense. Becords of official acts to be delivered to successor.
Til ABILITIES — ^for failure to deliver records to successor and for un-
faithfulness in performance of duties. Penalty for unlawfully certifying
to acknowledgment when not qualified. FEES— depositions, per hour
employed, 40c; per page of 200 words, 30c; pep mile's travel to place of
caption, 10c; acknowledgments, 50c; for engaging every officer, 25c;
recording and certifying, per page of 100 words, 15c; searching record,
by the hour, 40c; noting a marine protest, $1.00; drawing, recording and
extending same, $1.50; affidavits, 25c; noting a bill, etc., 25c; each no-
tice, 25c; travel, more than one mile, 10c; protest if amount is $500 or
more, $1.00; if less, 50c; record, 50c; noting nonacceptance of bill, order
or draft, etc., 75c; each notice, 25c; whole cost of protest, including
notices shall not exceed $2.00; and whole cost of noting not to exceed
$1.25.

§79. South Carolina— -ELIGIBILITY — citizen. Must be indorsed by
legislative delegation of county. APPOINTMENT — by the governor.
COMMISSION— fee— $2.00. Commission to be exhibited to clerk of
court within 15 days after appointment, and notary enrolled. TEBM —
during the governor's pleasure. BOND — ^required with approved sureties.
OATH — of office and the oath regarding duelling to be taken, and certi-
fied copies to be filed with the secretary of state. POWBBS AND DU-
TIES — to administer oaths, take depositions and acknowledgments, affi-



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§ 81] THB OFFICE AND ITS REQUIREMENTS. 61

dayitSy protests and renxmeiatioii of dower. JUBISDICTION — throagh-
oat the state. No jurisdiction in criminal cases. SEAL — of office to be
provided, same to be af&xed to his acts of publication and protestations.
Its absence shall not invalidate his acts, provided his official title be
affixed. Use of by notaries in other states required. BECOBD — ^to be
kept of important acts. LIABILITIES — on bond for unfaithfulness.
FEES — ^taking depositions and swearing witnesses, per copy sheet, 25c;
protesting, 50c and postage; duplicate of deposition, protest and certifi-
cate, per 100 words, 10c; for attendance on person for proving a thing
and certifying, 50c; notarial certificate and seal, 50c; oath or affidavit.
25e; renunciation of dower, $1.00.

§ 8a SwXh Dakota—ELIGIBILITY— citizen resident in sUte. WO-
MEN— citizens twenty-one year of age are eligible to the office. AP-
POINTMENT— by the governor. COMMISSION— fee— $2.50. Same to
be conspicuously posted in his office. Notice of expiration will be sent
thirty, days previously by the secretary. TEBM — ^f our years. BOND —
$500, approved by circuit court clerk and filed with secretary of state.
OATH— to be taken and filed with circuit court clerk. DUTIES — ad-
minister oaths and affirmations in their county, protest commercial pa-
pers and serve notice, personally or by mail; take depositions; issue
subpcenas. May act for corporation though interested but act is unlaw-
ful if notary is individually a party to instrument. JUBISDICTION —
throughout the state. SEAL — to be procured, an impression to be filed
with secretary of state. Fee for each, 25c. BECOBD— to be kept of
protests and notices with names of parties. BEMOYAL — all records to
be filed with the circuit court clerk within three months. LIABILITIES
— neglect to file records on removal or expiration of office, or de8tro3dng
same subjects to fine of from $50 to $500 and damages sustained by
party. Acting after removal, etc., $100 each offense. FEES — protests,
$1.50; notices, 25c each, and postage; recording, 50c; oath or affirmation,
each, 10c; depositions, each 10 words, l^c; certificate and seal, 25c;
acknowledgments, 25c; affidavit and seal, 25c.

§ 81. Tennessae— ELIGIBILITY — citizenship, twenty-one years of age.
WOMEN — twenty-one years of age, and in counties of certain popula-
tion, eighteen years of age, are eligible. APPOINTED — by the justices
of the county court. COMMISSION — issued by the governor. FEE —
$3.00. TEBM — ^four years. BOND — to be given with good sureties for
$5,000. OATH — to be taken and subscribed to before the county court
clerk or his deputy in his county. DUTIES — to take and certify deposi-
tions in their county, to administer oaths, take affidavits, protest bills
and notes and notify the proper parties. OF!FICE — to be kept in the
town of the county in which he was appointed. The county court may
require a notary to keep his office where any bank may be located in
the county out of the county town, or where convenient to the people.
SEAL — of office to be provided by him, and surretdered to the county
court when removed by any cause. His acts to be under his official seal,
received as evidence. BECOBDS — to be kept of protests and notices of.



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62 NOTARIES PUBLIC. [§ S2

BEMOYAIi— or ezpiration of office — all records to be delivered to snc-
cessor. TJABIUTIES — ^for not delivering books to successor, for failure
to surrender seal on expiration of office, and neglect of duty. Fraudu-
lent certificate of probate or acknowledgment is a felony. Notaries of
other states may take depositions in their state for use in this state,
must certify and show date of commencement and expiration of their
commission. FEES — ^for recording in his record book, $1.00; protesting,
$1.50; taking acknowledgments, 50c; each deposition, $1.00; for other
services same fees as allowed other officers.

182. Tora*— ELIGIBILITY— citizenship. APPOINTMENT— by the
governor, with senate 's consent. COMMISSION — secretary of state sends
it to the county court clerk, party to appear and qualify within ten
days and pay $1.00 fee. Excusable for absence or sickness. Date of
notice to be indorsed on it and notification sent the secretary by the
clerk. TEBM — two years from June Ist after legislative session. BOND
— $l/)00, with sureties approved by county court clerk. OATH — to be
taken and subscribed to and indorsed on back of bond. All recorded by
clerk. DUTIES — ^take acknowledgments, certify same under his hand
and official seal, administer oaths, make declarations, protests, take depo-
sitions, etc., incident to the office. SEAL — to be provided, having in the

center a star of five points and "Notary Public, County of , Texas,"

around the margin (filling in his county in the blank space). All offi-
cial acts to be authenticated therewith. No other seal to be used by
him. BECOBDS — of all his official acts to be kept. Subject to inspec-
tion and for certified copies. BEMOVAL— by death, etc., all records
and seal to be delivered to county clerk, under penalty not less than
$100. Can sell his seal. Bemoval from county vacates office. May be
removed for wilful neglect or malfeasance. LIABILITIES — ^false certifi-
cate of acknowledgment or false declaration of protest is crime subject
to imprisonment from two to five years. Failure to keep record of ac-
knowledgments subject to fine of $100 to $500. Liable for negligence
and misfeasance. COUNTY CLEBK— may certify to his official acts.
Secretary of state to furnish county clerk's lists of notaries. FEES —
protesting, registering and seal, $2.50; each notice, 50c; other protests,
per 100 words, 20c; certificate and seal to such, 50c; acknowledgments,
50c; acknowledgments of married women, $1.00; oath, 25c; certificate
under seal, 50c; copies of records, if less than 200 words, 50c; if more,
15c for each 100 words; other acts, 50c; depositions, per 100 words, 15c;
swearing witnesses to depositions, seal, certificate, etc., 50e.

1 83. TTtali — ELIGIBILITY — citizenship over twenty-one years of age
and resident of state. APPOINTMENT— by the governor. COMMIS-
SION — ^fee — $5.00. To be recorded with the secretary of state. No suit
shall be instituted on bond three years after the cause of action ac-
crues. TEBM — four years. OATH — to be taken before acting and filed
with secretary of state. BOND — ^for $500, with sureties approved by
the secretary of state. POWEBS AND DUTIES— in their county, to
Hdminister oaths, take acknowledgments, affidavits and depositions, make



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§ 85] THB OFFICE AND ITS BBQUIBEMSNTS. 63

declarations and protests, and other acts osuallj done bj. notaries in
other states and territories. Date of expiration of their commission to
be aiBxed to all acknowledgments. Protests, when made, written notice
to be given the maker and indorsers or security of the instrument as
soon as practicable. Service to be personal when the person resides
in the same town or city with the notary, otherwise by mail or other
safe conveyance. BEALi— -to contain the name of his county, state, his
surname with at least the initials of his Christian name, and the words
"Notary Public," or "Notarial Seal." All his official acts to be at-
'tested with it. BECOBD — ^to be kept of official acts, including notices,
time, manner of service, names of all parties to whom directed, descrip-
tion and amount of instrument protested. Becords shall be competent
evidence for legal proof. Certified copies to be given when required
and the fee is paid. LIABILITY — affixing their official seal, wilfully,
after expiration of their commission is a misdemeanor. FEES — ^protest-
ing, $1.00; notices, drawing and serving, each, 35c; recording protests,
50c; affidavit or deposition, for first folio, 50c; subsequent folio, 15c;
taking acknowledgments, for first signature, 50c; each additional signa-
ture, 25c; administering oath or affirmation, 25c; every certificate in-
cluding writing and seal, 50c.

f 84. Vennont— ELIGIBILITY — citizenship. WOMEN — twenty-one
years of age are eligible. APPOINTMENT — ^by the judges- of the county
court for their county. COMMISSION — ^fee — ^not required. TEBM —
during the term of the judge and for ten days thereafter. BOND — not
required. Becord to be made with the county clerk of his oath of
office, and certificate of his appointment. Clerk shall forward a certifi-
cate of same, with term of office, to the secretary of state immediately.
OATH— to be taken. DUTIES AND PO WEBS— protest and give notice
of commercial papers, administer oaths, take acknowledgments, issue
subpcsnas and attachments for witnesses, take depositions. JUBISDIO-
TION— throughout the state. SEAL — of office to be provided by him,
and affixed to all his official acts. Seal need not be affixed to acknowledg-
ments or oaths. BECOBD — protests and notices. LIABILITIES — for
neglect, and collecting illegal fees. EX OFFICIO NOTABIES— county
and town clerks, by virtue of their office, are notaries public. FEES —
protests and notices, $1.00; certificates under seal, each, 25c.

I 85. Virglniar-ELIGIBILrrY— MEN AND WOMEN— eighteen years
of age are eligible. APPOINTMENT— by the governor. COMMISSiqN
— fee — ^for appointment, $3.00. TEBM — ^f our years. BOND — to be given
in the county court of or corporation for which appointed, within four
months from date of commission, under a penalty not less than $500,
the clerk to immediately forward a copy to the secretary of state, same
to be approved by the court or officer taking it. OATH — to be taken.
DUTIES — conservator of the peace, administer oaths, protest commercial
paper, give notice of, take acknowledgments, oaths and affidavits. When
seal is annexed to any pension claim or for military service, either state
or national, or when annexed to an affidavit or deposition no tax on seal



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64 H0TARIB8 PUBLIO. [§ 86

eharged. No dead or contract to bo admitted to record (except for a
church or school) or no will admitted to probate, and no grant of ad-
ministration until tax is paid to the clerk. JUBISDICTION— may be
appointed for two or more counties. SEAL — procure a seal to authen-
ticate his acts. BECOBD— to be kept of his official acts. BEMOVAIj—
from the county or corporation, unless into a county also appointed for,
shall be construed as a vacation of office. County clerk or of corpora-
tion shall at once inform the governor of vacancies or deaths. LIA-
BILITY — ^for acting before giving bond and taking oath, removable by
governor for misconduct, incapacity or neglect. FEES — ^protest, record
of, notice to one person besides the maker or acceptor, $1.00; each addi-
tional notice, 10c; acknowledgments, 50c; oath, 25c; certifying affidavits
or depositions of witnesses, when done in one hour, 75c; each additional
hour, 75e. Fees to be stated at the foot of affidavits or depositions, also
to whom charged, and if paid, by whom.

|86u WaiflilTigtOffi — ELIGIBILITY — an elector. WOMEN — over
twenty-one, residents of state, of good moral character are eligible. AP-
POINTMENT — ^by the governor, upon petition of twenty freeholders of
the county. COMMISSION— fee — $10. The secretary of state shall file
with the county clerk the date of commission. Either may certify the
official character of the notary, when required, under their official seal.
Fee, $1.00. PBOCUBE A SEAL— having engraved on it "Notary Pub-
lic," "State of Washington," and date of expiration of commission,
with surname in full, and at least the initials of the Christian name.
TEBM — ^four years. BOND — ^to the state for $1,000, sureties approved
by the county clerk. OATH— required. File with the secretary of state,
bond, oath, treasurer's receipt and impression of seal, the latter, subject
to the approval of the governor. DUTIES — ^in the county, to protest
bills and notes, and matters relating to protest, and such other duties
pertaining to the office by the custom and laws merchant, take acknowl-
edgments, depositions, affidavits and administer oaths. Every attorney
who is a notary may administer any oath to his client. Seal not re-
quired on an oath, but in all other cases it is. Notary who is stock-
holder or officer of bank or other corporation may act unless party to
instrument. BECOBD — ^to be kept of all notices of protests, with time
and manner given, copy of the instrument, and notice. Said record,
or a copy, certified under the hand and seal of the notary public or
county clerk having the custody of the original record, shall be compe-
tent evidence to prove the facts stated. The same may be contradicted
by other competent evidence. BEMOVAL— by death, etc., and at the
expiration of office, provided his commission is not renewed, records and
official paper shall, within three months, be deposited with the county
derk. Neglect shall forfeit a sum not exceeding $1,000, recoverable in
a civil action by the person injured. The executor or administrator is
likewise liable. LIABILITY— for unfaithfulness in office. FEES— pro-
test, $1.00; attesting with seal, 50c; taking acknowledgment, two persons
with seal, 50c; taking acknowledgment, each person over two, 25c;
certifying affidavit with or without seal, 50c; 'registering protest, 50e;



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§ 88] THE OFFIOB AND ITS EEQUIREMBNTS. 65

being present at demand, tender or deposit, and noting same besides
mileage at 10c per mile, 50c; noting a bill or note for nonacceptance
or nonpayment, 50c; copying any instrument or record, besides certifi-
cate or seal, per folio, 15c; each oath or affirmation, without seal, 25c;
any instrument in writing, depositions or affidavits each 100 words, 25c.

I 87. Weet Virglnia—ELIGIBIliITY— a citizen of the state must
reside in the county of appointment. Mkist obtain certificate of county
court showing good moral character and residence in county. APPOINT-
MENT— by the governor. COMMISSION— fee— $2.50, to state secre-
tary. TERM — ten years. BOND — to be given for not less than $250
nor more than $1,000, with security approved by the county court. Must
qualify within sixty days of notice of appointment, otherwise office is
vacant. Acting without qualification forfeits not less than $50 nor
more than $1,000. OATH — required to support the state and United
States constitutions and to faithfully discharge the duties of the office,
filed with county court clerk. DUTIES AND POWERS— to administer
oaths, take affidavits, depositions, acknowledgments, examine privily mar-
ried women respecting any written instruments. He shall be a conserva-
tor of the peace, exercising therein the powers of a justice of the peace.
Protest bills, demand acceptance or payment thereof, and such other
duties as commercial usage require. JURISDICTION — the county of his
appointment. SIGNATURE — date of expiration of commission must be
added. 8EAI/— to procure and authenticate official acts with. Not neces-
sary in taking oaths, affidavits, depositions and acknowledgments. REC-
ORD — to be kept of official acts. REMOVALr— all records and
official papers shall be deposited with the county court clerk
within three months after death or removal from office, under a
penalty not exceeding $500. LIABILITY — disqualifications, conviction
of treason, felony or bribery in an election, before any court in or out
of this state, fighting or encouraging a duel. Wilful destruction, defacing
or concealing of the records or papers forfeits a sum not exceeding $1,000,
and damages to the party injured thereby. The protest of bills and
notes shall be prima facie evidence of the facts stated if signed by the
notary. FEES — protesting, recording, drawing instrument and notice,
$1.00; notices, additional, 10c; acknowledgments, 50c; administering
and certifying an oath, other than to a witness, 25c; affidavits or depo-
sitions of witnesses, per hour employed, 75c; for other services, the same
as allowed circuit court clerk.

I 88. Wisconsin— ELIGIBILITY — ^resident elector, twenty-one years of
age. WOMEN— may be appointed. APPOINTED— by governor. COM-
MISSION — fee — ^$2.00, payable to secretary of state. Commission must
be filed, together with notary's autograph and seal impression, with
secretary of state and county circuit court clerk. TERM — ^four years.
BOND — $500, and surety approved by the county judge or clerk of the
county circuit court. OATH — to be taken for faithfulness in office.
Oath, bond and seal impression to be filed with secretary of state. DU-
TIES AND POWER — to demand accoptanee of bills of exchange, promis-
5



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66 NOTARIES PUBLIC. [§ 89

Boiy notef, protest same, administer oaths, take depositions, acknowledg-
ments, and other duties accorded hj the law of nations or commercial
usage. Acknowledgments must state when commission expires. JURIS-
DICTION — throughout the state. SEAL — to have impression of his
name, office and county. BECOBD — to be kept of official acts. BE-
MOVAL — all records and papers to be filed with the county circuit
court clerk. Penalty for failure to so do, within three months, $50 to
$500. Also liable to injured party for damages arising. Notice of resig-
nation to be sent to the secretary of state, who will notify the county
eircuit court clerk. Bemoval from county vacates his office. LIABLE —
for misconduct or neglect to party injured. FEES — protest, when neces-
sary, nonacceptance or nonpayment, 50c; protest, otherwise, 25c; notice
of protest, 25c; affidavit, per folio, 25c; copying affidavit, per folio, 6c;
acknowledgments, 25c; taking depositions, per folio, 12c.

I 89. Wyomllig— ELIGIBILITY — of good moral character, a citizen
of the United States, over the age of twenty-one years, able to read and
write the English language, a resident of the state and of the county.
APPOINTMENT — by the governor on the petition of five or more repu-
table freeholders of the county. COMMISSION— fee— $5.00. . TEBM—
four years. BOND — to be given within sixty dajrg of appointment for
$500, with two sureties approved and filed with the register of deeds
conditioned for faithfulness in office. OATH — or affirmation — to be sub-
scribed to before any county officer authorized to administer oaths.
POWEBS AND DUTIES — to administer oaths and affirmations, take
depositions, acknowledgments, demand acceptance or payment of bills,
promissory notes and obligations in writing, to protest for nonacceptance
or nonpayment, and such powers and duties required by the law of na-
tions and commercial usage. Date of expiration of commission to be
added to all acknowledgments. .TUBISDICTION- the state. SEAL—
of office to be provided to authenticate his acts, having engraved thereon
his name, the words "Notary Public," the name of his county and
Wyoming. BECOBD — official register to be provided for recording his
official acts. The register and seal not subject to levy or sale. Becord
to be kept of every bill of exchange, promissory note or obligation re-
ceived for demand and protest, official acts and dates, name of each
drawer, indorser or other person notified and the place where notice was
delivered. BEMOVAL — ^for any cause, deposit of register with the reg-
ister of deeds shall be made within thirty days after expiration of
term or removal from office, or death. Neglect to do so subjects him
or his executors to a penalty of $200, recoverable by any citizen of the
county, to be applied to the school fund of the county. LIABILITY —
persons damaged or injured by his acts may maintain action on his bond,
and a recovery shall not bar any future action to the full amount of the
bond. It is a crime to sign any false certificate of acknowledgment or
jurat, punishable by imprisonment in the penitentiary for three years.
Notary acting after expiration of term shall be fined $25 to $500.
EVIDENCE — his certificate, signed and sealed, shall be presumptive evi-
denee in all courts of this state of the facts stated, provided that any



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§ 90] THE OFFICE AND ITS REQUIREMENTS. 67

person interesied as a party to a suit may contradict by other evidence
the notary's eertificate. Each certificate must contain date of expiration
of his commission. FEES — ^protesting, $1.00; notices, each, 50c; certifi-
cate and seal, 60c; oath or affirmation administered, 50c; acknowledg-
ment of, 50e; additional acknowledgment, 25c; depositions, taking, per
folio, 15e; other services in taking, directing, indorsing and transmitting,
$5.00.



Online LibraryFrederick Mortensen Hinch Edward Mills JohnAmerican notary and commissioner of deeds manual: the general and statutory ... → online text (page 9 of 50)