The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-04-09

Of this State. having the qualifications d
electors, residing In the several counties ia
this State, as he may deem necessary: Pro.
yided, that before making any such appoint.
ment, each applicant shall produce to The
Governor, q certificate from one of the iudq.
es Of the court OF common pleas in t6e
county or district in which such applicant
may reside, that the applicant is Of good
moral character, that be is resident elector
q such county, and that he possesses suffi
clent qualifications and ability to discharge
the duties Of the Office Of notary public.
SEC, 2. That-each notary public, SO ap-
pointed and commissioned, shall hold his
once Tor the term Of three years, if SO long
ne behave well; and that before entering up
on the duties of his office, he shall give bond
to the State of Ohio, in the sum Of fifteen
hundred dollars, with security 10 be apploy-
ca by the Governor, conditioned for the
faithful discharge Of the duties Of his office,
and he shall lake and subscribe an GA n OF
affirmation, 10 be endorsed on his commits
sion, that he will support the constitution Of
the United States, and Of this State. and that
ne will honestly, faithfully, aud impartially
discharge und perform all the duties Of his
office, 10 the best Of his ability.
SEC. 3. That each notary public, before
entering upon The duties Of his office, shall
provide himself with an official sral, with
which he shall authenticate al bis ofiicial
acts, upon which seal shall be rngrdvrn the
arms Of this State, the words Notaral Seal,
and the name OF the county in which he re-
sides; which seal, together with his official
registers. shall be exempt from executions;
anil on the dsath or rem ,val from Office Of
such notary public, his registers shall T.. de-
posted in the Office OF the recorder Of deeds,
in the counfy whrre such notary resides.
SEC. d. That no banker. broker. or Off
Ger, attorney, slockholder, clerk. or agent OF
any bank. banker or broker, shall be appoint
I'd TO, or shall hold the Office OF notary pub
lie in this State.
SEC. 5. That each notary public SO ap-
pointed, commissioned and qualified, shall
have power, within the county in which he
my reside, to administer all oaths required
or authorized by law to be administered in
this State, to take and certify dispositions 10
be used in any Of the courts Of this State,
to take and certify to all acknowledgements
of deeds, mortgages, liens, powers Of attor-
ney, and other instruments OF writing, and
to receive, make and record, notarial pro-
tests.
SEC. g.. That for each oath or affirmation
administered and certified, the notary public
shall receive twenty-five cents, and no more;
for the presentment, demand, notice to
drawers and endorsers, and instruments of
protest of each bid of exchange or promisso-
ry note, he shall receive the sum OF one dol
lar; and for recording each instrument by
him required 10 be recorded, the sum Of ten
cents for each one hundred words, and no
more; and for his servicps in taking and GER
flying acknowledgements Of deeds, mortga-
ges, liens, powers Of attorney, and other in
slruments Of writing, and for the taking and
certifying Of depositions, he shall receive
the sme fees as are now by law prescribed
for justices Of the peace; and in taking dep
ositions, he shall have the same power to
compel the attendance 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 constables in
this State are hereby required to serve and
return all process issued By such notaries in
the taking depositions.
SEC. z. That the instruments Of protest
Of any notary public appointed and quaifi-
ed under the laws Of this State, or the laws
of any other State or territory Of the United
States, accompanying any bill Of exchange
or promissory note. which has been protested
by such notary for non-acceptance or for
non pa ayment, shall be held and received in
all the courts Of this State, as prima facic
evidence of the facts therein certified; Pro-
vidrd that any party may contradlct, by
other evidence, any such certificate.
SECS That any notary public hereaiterap-
pointed, who shall chargeor receiveany lee or
reward for any act or service done or rem
dered by him under this act, greater than the
amount he rein limited, or who shall dishon-
pstly or unfaithfully discharge any of histlu-
ties as notary public, shall, on complaint
filed and substantiated in the court OF COM
mon pleas in the county in which such no.
tary public resides, be removed from bis said
office, by such court; and the court shall
ihereupon certify the fact OF such removal to
the Governor, and the party so r, moved shall
ee therea ftpr ineligible to a re-sppointme nj
to the office of notary public in this State.
SEC. 8. That the act entitled an act for
appointing notsries public, passed February
seventh, one thousand eight hundred and six
teen, and allacls amendatory Of said act, and
all parts of sll acts conflicting with this act,
be and the same are hereb, repealed.
JAMES G. JOHNSON,
Speaker Of the House Of REPRESENTATIVES.
uIITIAM MEDITJ,