Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1858-04-07
LAWS OF OHIO.
PuBLIsHED BY AUTHORITY.
20 AN ACT

PUBLISHED By AUTHORITY.
mo. 20 AN ACT
Concerning Notaries Public and Commission
ers, and prescribing their duties.
Section !. Bel euacied By the General A
senbiy efhe State of OHIO, That the govern,
be, and be is hereby authorized to appoint an
commission as notaries public rs MANY cit
gems Of this state, having the qualifications
ehectious: residing in the several counties {
This state for which they are appointed. as h
may deem necessary; provided that befor
making any such appointment each applican
shall produce to the governor a certificate fror
Judge Of the court Of common pleas or 81
preme court residing in the same county O
district. that the applicant is of good mora
character. that he is an elector of the count,
in which he resides, and that he possesses sui
icient qualifications and ability to dischargi
The duties Of the Office OF notary public,
Sec. 2. Each notary public so appointed an
commissioned shall hold his office for the tern
Of three years. if so long he behaves well. anc
that before entering upon the duties of hi,
Office be shall give bond to The state OF Obi,
in the SIM Of fifteen hundred dollars, will
security - be approved bv the governor. con.
ditioned for The faithful discharge of the du
ties Of ais office, and he shall take and sub
scribe sn oath or affirmation, to be irdorset
on his commission, that he will support III.
constitution of The United States and OF hi,
state, and that he will honestly. faithfully
and inpartially discharge and perform all tn,
duties Of bis office 10 the best of his ability.
Sec. ). Each notary public SO commission.
ed shall. before entering upon the duties o.
his offce, leave his commission. with the oats
thereon Endorsed. with the clerk Of the conrt
of common pleas in the county or district in
which he resides, for the purpose of being re
corded by him.
Sec 4 Upon receipt OF any sach commits
ion, the clerk shall record the same in = sepa
rate book kept in his Office for that n=spise
and indorse on the margin of the ecord and
On the sack Of said commission the time he
received the same for record, and make q
proper index to sllcoIEmissioRs by him recor
dsd.
Sec. 5. Upon application the clerk shall
make out a certified copy of any such comnis.
sion and the Endorsements thereon. under the
seal Of he court, and such certifed copy shall
be prina fscie evidence OF al the matters s.nd
facts therein contained.
Sec.6 E. For services under tLis act the clerk
<ha:l be entitled to receive the following fees
FOR recording and indexing each commission
forty Gel is, aud the like fees for certified cop
Z VI EoNA a. dAc dllONCu Nv
law to-clerks ofthe court of common pleas for
copies nd'certi6cates ofrecords kept BY them.
Sec. 4. No Banker, or broker, or officer, at
torney. stakeholder, clerk or agent, of anv
bank, banker, or broker, shall be appointed
TO. or shall hold ;he Office Of notary public in
this state.
Sec. s. Each notary public. duly appointed
ccsnua issioned and qualified. shall have pow
er within the'ccunty in which he may reside.
10 administers all oaths required or authorized
by law to'be administered in this state, to
take and certify to all acknowledgements Of
deeds, mortgages, liens. powers OF attorney
and other instruments of writing. and 70 re
cetve, make and record notsrisl protests.
Sec. 9. For'each oath or afirmal ion admin
istered and certified. the notary public shall
receive twenty-five cents, and no ne; for The |
presentment, demand, notice to drawers and
indOrsers, and instruments of protest of each
bill of exchange or promissory note, he shall
receive the sum of one dollar; and for record
ang each Instrument by him required to be
the sum of ten cents fol each one
hund led words. and no more; and for his
services in taking and certifying acknowl-
of deeds, mortgages. liens. powers
of attorney and other instruments of writing.
and fo- the taking and certifying of Geposi-
lions ,he shall receive the same fees as are now
bv 1e~ prescribed for justices of the peace;
in making depositions he shall have the
power to compel the attendance of wit
nesses, and to. panSh witnesses Tor refusing
10 testify, %hich'is now vested by law in JUS
ices Of The peace; and all sheriffs and consta
in this state are hereby required to serve
and return all process issued by such n~otaries
in the taking of dispositions.
Sec.il The instrument of protest of any
rotary public appointed and qualified under
he laws of this state, or the laws of any oJh~
Pr state or territory Of the United States. &C
any bill ofexehaage or promisso
y note which has been protested BY such no
non acceptance or for non-pay ment,
hall be held and received in all the courts of
his state as prima facie evidence of the facts
Aerein certified; provided. that any party
nay-eontfadict, by other evidence, any such
erti6cate.
Sec. II. ANY notary public who shall charge
n receive any fee or reward for any act or seI-
ice done or rendered By him under this act
.reater than the amount herein limited, or
sho shall dishonesty or uufaithfully dis
barge INV Of his duties as notary public,
hall, on complaint filed and substantiated
n the court Of common pleas in the county in
which such notary public resides, be removed
rom his said office by such court; and the
ourt shall thereupon certify the fact OF such
emoral to the governor, and the party so re-
shall be thereafter ineligible to a re-
to the Office ii notary public in
L
Sec. IL. The governor is authorized to ap
,oint and commission as commissioners of
ne state Of Ohio, 80 many persons residing in I
my other stale or any territory Of the United
States, or in any foreign state. and furnishing +,
uch evidence Of qualifications as be may {
hink proper to require, who shall continue /
u Office for the term If three years, and shall t
ave authority to take afiidavits and deposi- :
i5nste be used in any Of the courts of this c
tate, and slsoto take acknowledgement aud 5
roof of the execution Of any deed or nther !
conveyance. and Of any lease, contract. letter \
attorney, or other written instrument TO be '
or used in this state, ever person ?
appointed as commissioner of the state of /,
)hie, shall, before4h issuing of his commits a
ion, prucurea proper soSt Of ufice, and shall !
axe and subscribe an oath or affirmation be- ;
ole soma judge Of . court Of record or some /,
ther commissions of the ttate Of ohie within
be etste territory on cosnty in which he may {
eside, well and faithfully to execute and ;
'erform all The duties Of such Commissioner
Inder the laws of this state, which oath with
lis signature thereto. and an impression of
lis seal of efiee, shsllbe transmitted to the
,~Uvernor, and'hled in the Office of the secreta-
ofssate. !
Sec. Is Dispositions taken upon in.errosa- {
Dries, upon notice, or by consent, aud afsda-
its taken before q commissioner If the state :
{ Ohio, shall be entitled to be read in any :
nit or other. proceeding in this state, and {
ball have the sam effect as If taken before a c
Magistrate or officer thereunto authorized |
'ithin this state, and all certificates of &C
nowledgement and proof of execution made
granted by such commissioner shall have
DO same effect as ifmade or granted by such
Magistrate or officer. Such commissioner
tall be entitled to charge and receive for his
ervices under this act the following fees and
onore, t0vit- For swearing each witness. :
cents; for each oae hundred words s
in any deposition and certificate =
affidavit taken before him, twenty cents; !
" -authenticaling. sealing up and directing t
zeh deposition. one dollar; for authoritarian 2
ach affidavit sworn to before him one dollar; '
" taking the acknowledgement and proof of !
ach deed or other conveyance, lease, coutrac:. .
.tter on power of attorney. or other written
,strumeDt, two dollars; and any commiss-
,ser who shall charge or receive any fee or re-
ard for any act Or service done or rendersl
y himaBder this act greater than the amount
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