Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1858-04-08
TERMS OF DVERTZSLNG:
LAWS OF OHIO.
PUBLISHED BY AUTHORITY.

LA w - vi OlllO.
PUBLISHED BY AUTHORITY.
mo. 20] AN ACT.
Concerning Notaries Pubic and Commission
ers and prescribing their duties.
Section l.. Be Il enacted by the General as
senrbly of the State of Ohio, That the governor
be and the same is hereby authorized to appoint
and commission notaries public as many citi-
zens of this state. having the qualifications Of
electors residing in the several counties of this
state for which they are appointed, as he may
deem necessary; provided that before making
any such appointment each applicant shall pro-
duce to the governor a certificate from judge
ofthe court of common please or supreme court
residing in the same county or district, that the
applicant if of good moral character, that he is
an elector 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. 9. Each notary public so appointed and
commissioned shall hold his 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 6f the duties of his Office,
and he shall take and subscribe an oath or af-
frmation, to be indorsed on his commission,
that he viii support the constitution of the Uni
ted States and Of this state and that he will hon.
estly and faithfully and impartialiy discharge
and perform all the duties of his Office to the
best of his ability.
Sec. 3. Each notary publics commissioned
shall, before entering upon the duties of his of
fee, leave his commission, with an oath thereon
indorsed, with the clerk of the court of common
please ir the county or district in which he re-
aides, for the pu rpose of being recorded by him.
Sec. 4. Upon receipt of any such commits
sion, the clerk shall record the same in sepa-
rate book kept in his Office for that purpose. and
indorse on the margin of the record and on the
the same for record, aed make proper index to
all commissions by him recorded.
Sec. 5. Upon application the clerk shall
make out a certified copy of any such commits
sion and the Endorsements thereon, under the seal
ofthe court, and such certified copy shall be pri-
ma facie evidence of all the matters and facts
therein contained.
Sec. 6. For services under this act the clerk
shall be entitled to reeeive the following fees:
for recording and indexing each commission.
forty cents, and the like fees for certified copies
Of such commissions as are allowed by law
to clerks of the court of common pleas for copies
and certificates Of records kept by them.
Sec. z. No banker, or broker, or officer. at
torney, stakeholder, clerk or agent, of any bank,
banker, or broker, shall be appointed to, or
shall hold the Office of notary public in this
state.
Sec. 8. Each notary public duly appointed,
commissioned and qualified, shall have power
within the county in which he may reside, to
administer all oaths required or authorized by
law to be administered in this state, to take and
10 oil rIoIr
cages. liens, powers of attorney and other in
struments of writing, and to receive, make and
record notarial protests.
Sec. 8. For each oath or affirmat on admin
istered and certified, the notary public shall re-
eeve twenty-fire cents, and no more; for the
presentment, demand, notice to drawers and in
dorsers, and instruments of protest of each bill
OF exchange or promisory note, he shall receive
the sum of one dollar: and 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 services in taking and
certifying Acknowledgements of deeds, m0rtga-
ges, hens, powers of attorney and other instru-
ments of writing, and for the taking and certi-
tying of dispositions, he shall receive the same
fees as are now by law prescribed for Justices of
the peace; and in taking depositions he shall
have the same power to compel the attendance
of Witnesses, and to punish witnesses for refus-
ing to testify, which is now vested by law In
justices of the peace, and all sheris and consta-
bles in this state are hereby required to serve
snd return all process issued by such notaries
in the taking of depositions.
Sec. 10. The instrument Of protest ofany no.
tary public appointed and qualified under the
laws of this state, or the laws of any other state
OF territory of the United States, accompanying
any bill of exchange or promisory note which
has heen protested by such notary for monaco
ceptance or for non-payment, shall be held and
received in all the courts of this state as prima
facie evidence of the facts therein certified; pro-
vided, that any party may contradict, by other
eyidpce, any such certificate.
Sec. IL. Any notary public who shall charge
or receive fee OF reward for any act OF service
done or rendered by him under this act greater
than the amout herein limited, or who shall
dishonesty or unfaithfully discharge any of his
duties as notary public, shall, on complaint filed
and subetanLiated in the court of common please
in the county in which such notary public re-
sides, 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 par
ty 80 removed shall be thereafter ineligible to
re-appointment to the Office Of notary public in
this state.
Sec. I2. The governor is authorized to ap-
point and commission as commissioners Of the
state of Ohio, 90 many persons residing in any
other state or territory of the United States, or
in any foreign State, and furnishing such evil
dence of qualifications as he may think proper
TO require, who shall continue in Office for the
Term OF three years, and shall have authority to
take aihdavits and depositions to be used in any
OF tne courts OF this state. and also TO take &C.
knowiedgment and proof of the execution Of any |
Iease contract, letter OF attorney. or other con-
torney, or other written instrument to be record.
ed or used in this state, every person thus an. |
pointed as commissioner of the state. of Ohio
shall, before the issuing OF his commission. pro,
cure proper seal of Office, and shall take and
subscribe an oath or affirmation before some
judge of court of record or some other commits
eaoner of the state of Ohio within the state ter
ritory or county in which he may reside. well
and faithfully to execute and perform all the
duties of suoh commissioner under the laws of
this state, which cath with his signature there.
to, and an impression of his seal Of Office shall
be transmitted to the governor, and filed in the
Office of the secretary Of state.
Sec l3. Deposiiions taken upon interroga-
TORIES, upon notice. or by consent, and sfidayits
fakens shffora commissioner Of the state Of Qhin