Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-04-23


necessary, 10 prevent delay.
Sec. l2. That 10 all cases where a nonsuil
may be directed by The court, By reason Of ir.
relevancy OF testimony, or by reason that the
testimony adduced does not support the case
SET forth in the declaration; and. also, wheney.
er The testimony shall be arrested from the ia.
ry. by reason Of which the plaintiff becomes
nonsuiI, the plaintiff shall have the same right
10 appeal as 10 other cases.
JAMES C. JOHNSON,
Speaker Of the House Of Representatives.
w. MEDILL,
President Of the Senate
February 20, 1859.
mo. 20. AN ACT
Providing loTthe appointment of Notaries Pub.
lie, and prescribing their duties.
Sec. |. Belt enacted BY the General As.
sembly Of The SIaIa Of Ohio, That the Cover.
nor be, aud he is hereby authorized 10 appoint
and commission as noIaues public, as many c
IlAens Of this State, having The qualifications of
electors, residing 10 The several counties in this
State, as he may deem necessary; Provided.
that before making any such appointment, each
applicant shall produce 10 The Governor. a Ger.
Iltcale from one Of The judges Of the court of
cOmmon pleas 10 The county or district 10 which
such applicant may reside, that the applicant is
OF good moral character, that he is a resident
elec1or OF such county, and that be possesses
sufficient qualifications 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 his office for
The term oi three years, if SO loug he behave
we'll; and that before entering upon the duties
Of his Office, he shall give bond 10 the State of
Ohio, in Ihe sum Of fifteen hundred dollars.
wl1hsecuriy to be approved by the governor,
conditioned for The faithful discharge of The du.
es Of his Office, aud he shall take and subscribe
an oath or affirmation, Iu be endorsed on his
commission. that he will support the cons.i.u.
lion of the Unied States, and of this Stale. and
that he will honestly, faithfully, aud impar.ally
discharge and perform all The duties OF his
Office, 10 The best Of his ability.
Sec. D. That each notary public, before en-
tering upon the duties Of his office, shall provide
himself with an official seal, with which he
shall authenticate all his official acts, upon
which seal shall be engrnven The arms Of this
STATE, the words NoIarial Seal, and the name Of
the county in which he resides; which seal, to.
gelher with his official registers, shall be ex-
empt from execution; and on The death or re-
mova from office Of such notary public, his
registers shall be deposited in the office Of the
recolder of deeds, in The county where such no.
lary resides.
! Sec. 4. That no banker, broker, or officer,
attorney, stockholder, clerk, or agent Of any
bank, banker or broker, shall be appointed 10,
or shall hold the Office Of notary public in This
! State,
| Sec. s. That each notary public so appoint
ed, commissioned and qualified, shall have pow
er, within lhe county in which he may reside,
to administer all OaGhs required or authorized
! by law to be administered in this State, TO take
and certify deposiiiOns to be used in any OF tho
courts of this State, TO take and certify TO all
acknowledgment OF deeds, mortgages, liens,
powers of attorney, and other instruments Of
wiring, and to receive, make and record, no.
ISria protests. l.
Sec. 6. That for each oath or affirmation ad
minstered and certified, the notary public shall
receive twenty-five cents, and no more; for The
presentmenI, demand, notice 10 drawers and
endorsers and instruments Of protest OF each
bill Of exchange or prommissory note, he shall
receive the sum Of one dollar; and for record
ing each instrument by him required TO be re.
corded, the sum OF len cents for each one hum
dred words, and no more; and for his services
in taking and certifying acknowledgements Of
deeds, mortgages, liens, powers o attorney, and
olher instruments Of wiring, and Tor the taking
and certifying Of depoSilions, he shall receive
the same fees as are now by Law prescribed for
Justices of the peace; and in taking deposIllens.
he shall have the same power TO compel the at
tendance of witnesses, and TO punish witnesses
for refusing to testify. which is now, vested, oy
law, in justices Of the peace; and all sherltts and
consiabies in this STATE are hereby required 10
serve and return all process issued by sucn no.
.aries in the taking Of dePOs!Iions. .'r ~
Sec. z. That the instruments of protest oil
any notary public appointed and qualified un-
der the laws Of this State. or the laws OF any
other State or territory Of the United States, ac-
companying any bill OF exchange or Prommts'
sorry noIe, which has been protested by such no.
tary for non.aecepIance or Tor non payment.
shall be held aud received in all the courts oI
this State, as prima Gacie evidence OF the facts
therein certified Provided, 'hs. any party may
contradict, by other evidence, any such cerlh'
cate. .,.....,,. ..a... .a,.,s .s.sd
Sec. g.. That any notary public hereafter aP'
pointed. who shall charge or receive any Zee OF
reward for any act or service done or rendered
bv him under this act, greater than the amount
.Ihereiu limited, or who shall dishonesty or un'
faithfully discharge any Of his duties as notary
yubIic, shall on complaint filed and substantial
/. led in the court Of common Pless in the. county
Iin which such notary public resides Dc removed