Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-04-15
NAWs N1 eNNea
BY AUTHORITY.
Providing for the appointment Of Notariei
Public, and prescribing their duties.

AN ACT
Providing for the appointment Of Notaries
Public, and prescribing their duties.
SEC. !. Be IL enGcted By The General .4ssenl-
bly Of The State Of Ohio, That the governor be,
and he is hereby authorized to appoint and COM
mission as notaries public, as many citizens Of
fhfs State, having the qualifications Of electors,
residing In the several counties in this State,
as he may deem necessary; Provided. that be-
fore making any such appointment, each apPli-
can't shall produce to the governor, certificate
from one Of the judges of the Court Of Com
mon Pleas in the county or district in which
such applicant may reside, that the applicant
Is Of good moral character, that he Is 4 resident
elector Of such county, and that he possesses
sufficient publications and ability to discharge
the duties Of the Office of notary public.
Sec. 2. That each notary public, SO appoint
ed and commissioned, shall hold bis Office for
the term of three years, if so long he behave
well; and that before entering upon the duties
of his Office he shall give bond to the State Of
Ohio in the sum of fifteen hundred dollars,
with security to be approved by the governor,
conditioned for the faithful discharge of the
du,ies of his Office and he shall take and sub
scribe an oath or affirmation, to be endorsed
on his commission, that he viii support the
constitution of the United States, and of this
State, and that he will honestly, faithfully and
impartiallY discharge and perform all the du-
ties Of his Office, to the best Of his ability.
Sec. J. That each notary public, before en-
fering upon the duties of his office, shall pro-
vide himself with an official seal, with which
be shall authenticate all bis official acts. upon
which seal shall be engraven the arms OF this
State, the words "n notarial seal - and the name
Of the county in which h. resides, which seal,
together with his official registers, shall be ex-
empt from execution; and, on the death or re-
moval from Office of such notary public. his
registers shall be deposited in the Office Of the
recorder of deeds, in the county where such
notary resides.
Sec. 4. That no banker, broker, or officer, at
torney, stoekholder, clerk or agent Of any bank,
banker or broker. shall be appointed to, or
shall hold the ofsee Of notary public in this
State.
Sec. 5. Thaf each notary public so appoint
ed. commissioned and qualified, shall have
power, within the county in which be may r.
side, to administer all oaths required or au-
fhorized by law to be administered in this
State; to take and certify dispositions to be
used in any Of the courts of this State, to
take and certify to all Acknowledgements of
deeds. mortgages, liens, powers Of attorney,
and other instruments of writing, and TO re-
Sec. s. That for each oath or affirmation
administered and certified, The notary public
shall receive twenty-five cents and no more
for the presentment, demand, notiee to draw
ers and endorsers, and instruments Of protest
Of each bill Of exchange or promissory note,
he shall receive the sum Of one dollar; uud for
recording each instrument by him required to
be recorded. the sum of ten cents for each one
hundred words, and no more; and for his SER
vices in taking and certifying acknowledge !
ments oI deeds, mortgages, liens, powers of at |
torneY, and other instruments of writing, and |
for the taking and certifying of dispositions, he
shall receive the same fees as are now by law /
prescribed for justices OF the peace. and in ta- |
king depositions, he shall have the same power |
to compel the attendan ce Of witnesses, and TO |
punish witnesses for refusing to testify, which |
is now vested, by law, in justices of the peace;
and all sheriffs and constahles IN this State |
are hereby required TO serve and return all !
proress issued by such notaries in the TAX
ing of depositions.
Sec. Z. That the instruments of protest of
any notary public appointed and qualified un-
der :he laws of this State, or the laws Of any
otner State or territory of the United States,
any bill of exchange or prnmis-
sorry note, which has been protested by such
notary for nOn-acceprance OF for non-payment,
shall be held and received in all the Courts of
this State, as prinlG aeie evidence of the facts
therein certified; Provided, that any party may
by other evidence, any such certi-
hcate.
Sec. s. That any notary public hereafter ap-
pointed, who shall charge or receive any fee
or reward for any act or service done or rem
iered by him under this act, greater than the
amount herein limited, or who shall dishonest
y or unfaithfully discharge any of his duties as
notary public, shall complaint fled and
in the Court of Common Pleas,
in the county in which such notary public re
rides, be removed from his said Office, by such
Court; and the Court shall thereupon certify
the fact of such removal TO the governor, and
The party so removed shall be thereafter ineli-
gibie to a re-appointment TO the Office Of notary
public in this State.
Sec. 9. That the act entitled an act for ap
pointing notAries public, passed February 7th,
one thousand eight hundred and sixteen, and
all acts amendatory OF said act. and all parts of
III acts conflicting with this act, be and the
IaIne are hereby repealed.
JAMES C. JOHNSON,
Speaker Of the House Of Representatives.
W. MEDILL, Il
President of the Senate.
March Is. 1882