American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1858-04-15
LAWS OF OHIO.
!PUBLISHED DY AUTHORITY.
AN ACr.
Concerning Notaries Pablic and Commission
erS and nfeScrihinr their duties


.<SnoF be, aud he is hereby untohrised TO sp- |
point and commission IS 'uotavies public as
many ciliEens OF this State. having the quail |
fcaiions Of electors, residing in The several |
counties ofthis State for which they are ap-
sreinied, as he may deem necessary; provided /
that before making such appointment each ap-
splicsntshalhrrotuce 10 the governors a certih- |
'caie froma judge OF the clurt ofcommon pleas
COT supreme court residing in the same county |
acI district, that the applicant is OF good moral
character, that be is an eector OF the county |
in which he resides, and that he possesses |
sufficient qualifications and ability TO discharge |
the duties of the Office of notary public.
SEC. 2. Each notary public so appointed |
aud commissioned shall hold his office for the |
term ofthree years, il so long he behave well,
and thstbefore entering upon the duiles OF hiS
Office he shall give bond TO the State OF Ohi0
ia t.ie sun OF Eileen hundred dollars, with Sc.
surity TO be approved by the governor, condI-
tion d for the faithful discharge Of the duties
Of his ofic, and he shal. take and subscribe
an oath OF affirmation, TO be Endorsed on his |
commission, ihet be will support The Consiitn.
mon of the UnitedStates and OF this State, and
that he will honestly, faithfully and impair |
tally discharge and dperform all the duties oI
his office 10 the best Of his ability.
SEC. 3. Each notary public so commission
'ea shall, before entering upon the duties Of hts
Office, Ieave his commission. with the oath
OF common pleas in the comfy or district in
which he resides, f the purpose of being 'e
corded by him. W ,f3 AT
SEc 4. Upon receipt of any such commits
sion, the clerk shall record the same in sep
mate book keptin his office for thai purpose
and Indorse on. the margin Of the record end
on the hackof SAID commission the time he &c
cefved the same for record, and make a prop
'er index to all commissions by him recorded
yfSEo. 8. Upon application the clerk shall
make out certified copy OF any such cOmms,
son nd the Endorsements thereon, under the
seal OF The court, and such certified copy shall
be Prima fsc,e evidence Of all the matters and
facts therein contained sfe
Sac. 6 For services under this act the
CLERK shall be entitled 10 receive the follow
sng fees: For recording and indeSing each
commission, forty cents, and the like fe-s FOR
certified copes0f such commissions, as ate
aliOwed by law 10 clerks OF the court OF CON
mon pleas, for copies aud certificates OF rec-
ords Kept by hem
SEC. T. No banker, or broker, Or officer,
.Attarny st6ckholder clerk or agent, Of any
bank, banker. orbrpker, shall he appointed to,
or shall hold the Office Of notary public in this
state. sgla @
SEC, s. Each notary public, llly appoint
ed commissioned and Qualified shah have
power within the county IN which he may re-
side, 10 administer all dathsfTeqtIired or au-
thofised by law Ia. be administered in this
state, to take and certify deposition to be used
in any Of the courts of this state, TO take and
certify to all ACKNOWLEDGEMENTS OF deeds, mort
cages, liens powers nf attorney and other in
struments Of writing, andito receive, make and
Iecotd nDtorlal pr tests f4f arsuI .ff ~
SEC. Q For each oath or nffinnation ad
minlsiered and certified, the notary public
shall receive twenty FIVE cents, and no more;
for the ptesentmcnt, dsmand, notice to draw
'eTs and lndorseTs, and instruments of protest
,of each bill OF exchange or promlssory note, he
shall receive the sum Of one dollar; aud for
Vecording each Instrument by him required
10 be recorded, the sum Of ten cents for each
one hundred words, and no more; and for his
services ~ taking and certifying acknowledg
ments OF deeds, mortgages, liens, powers Of
attorney and other instruments of wdting aud
for the taking and certifying Of dePositionS. he
shhlt receive the same fees as are now by la
prescribed for justices Of the peace; aud in Ia !
king dispositions he shall have the sane pow
-er 10 compel the attendance Of Witnesses, and
To prtIish witnesses for refusing to testify,
= which rs now vested by law in justices of the
peacei and ell sherIGs and conslables inthis
state are hereby required TO serve and return
n all process issued by such notaries in the tn.
king Of dispositions.
Sec. 10. The instrument Of protest Of an,
notary public appointed and qualified unde
the laws of this state, OI The laws of any Uthe
ata.e OF territory OF the United States, accom-
panylng any. bill Of exchange or promissor,
note which has been protested by such notar,
for non acceptance OF for n0n payment, shsI
be held and received in oil the courts Of thi,
state as pr ma facie evidence Of the facts there
in certified; provided. that any party may con
tFadict by other evidence, any such certii
ca'e. ttH - $3.50 afa
Sec. u. ANY notary public who shall charge
or receive any fee or reward for any act or ser
vice doae OF rendered by him under this acl
greater than the amount herein limited, ol
who shall dishonesty or unfaithfnlIy ydscharge
any Of his daties as notary public, shall, on
complaint filed and subsla initiated in the e0ur
OF common pleas IN the county in which such
notary public resides, be removed from his said
Office by snch court, aud the court shall there
upon certify the fact of such removal 10 the
governor. aud The party 50 removed shall be
thereafter ineligible TO a re appointment to the
Office ofno,ary public in this state.
Sec. i2 The governor is authorized 10 np
point and commission rs commissioners of the
state OF Ohio so many persons residing IN any
other state OF 10 any territory OF the United
States, OF IN any foreign state. and furnishing
such evidence Of ifcatlonS as he may think
proper to require, who shall continue in Office
f,T the term oftlrce years, and shalt have nu
thoTty totake aIHdayits and depostions tob be
used IN any Of the courts OF this state, and al
SO take Acknowelmen and proof of the exc
cntion Of any deed or other conveyance, and
OF any lense, contract, letter of attorney OF
other written instrument to be Tecodeil or us
ed IN this state. every person thus appointed
MS commissioner Of the state Of Ohio, shall. be
fore the issuing Of his commission, procure
proper seal of office aud shall take ard sub.
scribe an oath or affirmation before some Judge
OF a codTt OF record or some other commission,
er OF the state OF Ohio within the state, teGrl
tory or county IN which he may reside, well
nnd faithfully 10 execute and perform all the
duties Of such commissioner under the laws o.
this state, winch oath with his signature there
to, and an impression OF his seal of Office, Shnl
be transmitted TO the govetnor, aud filed II
the Office nf the secTeta y OF state.
Sec. 10, Dispositions taken upon ilterro
gltories, upon notice, or by consent. md iii
davlts taken before commissioner Of the sta
OF Ohio, shall be entitled TO be read in on,
suit or other pr T1ceeding in this state aud Shal
have the same effect as II taken before mag
istfate OF officer thereunto authorized within
this state and all certificates Of Rcknowletlg
ment aud proof Of execution made or GRANTED
by snch commissioner shall have The same el
feet rs II made or granted by such mnglstrat
ar officer such commissioner shall be emit
tied To charge and re- GIVE for his services IN
deIt act the following fees and no more,
wit For swearing each witness twenty fv
cents; for each one hunlred words conane
in. apy deposition and certificate or Bfilav
tsken'befFelhlm.tweniy erRts for authenticJ
ting, sealing up and dueGlipg each depps,tio,
one dollar; foT authenticatiny each alldnv
sworn TO b6 fore him. one dollar, for taking m