The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-08-05
RY AUTHORITY.
flaw No. ISL

Notaries Public, and Prescribing their Du.
ties
Be il enacted by the Legislature Of the State of
SECTION /. That the Governor be aud is
hereby authorised 10 appoint and commission
As Notaries Public, by and with the advice and
consent Of the Senate, as many citizens Of this
State. having the qualifications OF electors re-
siding in the several counties in this state, as
he may deem necessary.
SEC. q That each Notary Public so appointed
and commissioned, shall hold his sotice for the
term 0ftwo years. unless sooner removed by the
Governor or the District Court; and that before
entering upon the duties OF his Office. he shall
give a bond to the State of Minnesota, in the
sum OF one Thousand dollars, with security, to
be approved by the Governor, conditioned for
the faithful discharge OF the duties Of his Of
fee, and he shall take and subscribe an oath or
affirmation, to be endorsed on his bond, that
he will support the constitution OF the United
States, and Of this State, and that he will hon.
estly, faithfully and impartally discharge and
perform all the duties OF his Office To the best
of his ability, and the same shall be deposited
in the Office of the Secretary Of State.
SEC. 3. That each Notary Public, before
entering upon the duties Of his office, shall pro-
vide himself with an official SEAL with which he
shall authenticate his official acts. upon which
shall be engraven the Arms Of this State, the
words "Notarial Seal and the name OF the
county in which he resides; which seal, togeth-
er with his official register. shall be exempt
from exec luton; and on the death or removal
from office of such Notary Public, his register
shall be deposited in the Office of the clerk Of
the District Court Of the county In which such
Notary resides; Provided that it shall be law
full for any Notary Public, already duly com.
missiOned and qualified as such, to use, in the
authorization Of his official acts a seal Of the
similitude Of those authorised by law previous
TO the passage of this act and provided fur.
has hat, IA hall ha far
any such Notary Public TO procure u new seal,
such new seal shall be OF the description here.
inbefOre designated.
SEC 4. That each Notary Public so appoint
ed commissioned and qualified, shall have
power, within the State, while residing within
the county. for which he was appointed, to ad.
minister all oaths required or authorised by
law TO be administered in this State, 10
take and certify dispositions 70 be used in any
Of the courts OF this State, to take and certify
to all Acknowledgements OF deeds, mortgages,
lien, powers Of attorney, and other insiru
ments Of writing, and TO receive, make out and
record notaral protests.
SEC. 3. II shall be tue duty OF each and every
notary public, when any bill OF exchange or
promissory note be by him protested for non
acceptance or n0n.payment, to give notice
thereof in writing to each party protested
against, immediately after such protest shall
have been made and the notary shall in such
instrument of protest certify to the time and
manner of the service Of such notice upon tn"
several parties SO protested against and the
notary shall make record of such notice of pro-
test. In his official register, which record or a
duly certified copy thereof, shall be prima facie
evidence of the facts therein contained.
SEC 6. That the instrument Of protest OF any
notary public appointed and qualified under
the laws of this State or the laws Of any other
State or territory of the United States, accom-
panying any bill Of exchange or promisscry
note, which has been protested by such notary
for non.acceptance or for non. payment, shall
be held and received in all the courts of this
State as prirna face evidence OF the facts there
in certified Provided. That any party may
contradict, by other evidence, any such certif.
cate.
SEC. 7. That for each oath or affirmation al
mnstered and certified, the notary public shall
receive twenty. five cents. and no more for the
presentment, demand. notice TO drawers and
endorsers, and instrument Of protest of each
bill of exchange or promissory note. he shall
receive the sum Of one dollar and for record.
iEg each instrument required TO be recorded BY
him. ten cents for each one hundred words, and
no more for taking and certifying ackho~edg.
ments OF deeds, mortgages, hens, powers OF
attorney and other instruments Of writing. and
for the taking and certifying dispositions, he
shall receive the same fees as may be allowed
by law to justices Of the peace for similar ser
vices and in taking dispositions, he shall have
the same power ~ compel the attendance Of
witnesses ana puhish wI.nesss- iot refusing 10
testify, when may De vested ny law IN justices
oil the peace ana ah sherlns anu cons'aoe-;
ana sheflNs IN TINS otaV' are h'Ieoy Ie1u"ea