New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-07-10

generally all contracts and instruments of
writing to hold family meetings and meet
ings of creditors to take and certify deposit
tiOns, administer any and all oaths, receive
the acknowledgements of parties to instru-
ments made under private signature affix
the seals upon the effects of deceased per-
sons, and raise the same; and all acts
executed by them in conformity with the
provisions of article two thousand two
hundred and thirty-one of the civil code
shall be authentic acts.
SEC. Z. Be it further enacted, ETC., That
the said parish notary and custodian of
notarial records shall collect together, and
safely keep in his possession the records of
all notaries in the parish of Orleans who
shall have ceased or may hereafter cease to
be such, either by death, removal or other
wise; provided, that the f regoing shall not
be construed as embracing the records of
such persons who may be within three
months again commissioned under the pro-
visions of this act. He shall classify said
records according to their dates, and in such
manner as will most facilitate access to
them, and shall have power to certify as
true any and all copies of acts and records
of all kinds made by him from such records.
SEC. 8. b it further enacted, etc, That
all n0tarial acts shall be drawn in the En-
glish language, and made and executed in
the office of the notary, unless where the
illness of the parties or some other sutii-
ing in such office.
SEC. 8. Be it further enacted, ETC., That
whenever they shall pass any acts wherin
married woman or a widow is party they
shall be bound to mention the Christian and
family name of such woman, adding that
she is the wife, or widow, of -, husbands
name.
SEC. TO- Be it further enacted, ETC., That
they shall insert in their acts the Christian
| name of the parties in full, and not with
the initial letters alone, and shall also
state whether the vender or mortgager in
any act is single, married, or widower.
SEC. H. Be it further enacted, etc, That
all notares, or other persons acting as such,
contravening the provisions of the two pre-
ceding sections shall be liable to a iue Of
| one hundred dollars for each otfense, to be
recovered before any court of competent
| jurisdiction, one'h half for the benefit Of the
| infOTmer.
Sec. u. Be it further enacted, etc, That
| the Governor shall be authorized to grant
| leave of absence to notaries public for
period not exceeding eight months to date
! from the day of the permission granted by
the Governor; notaries public thus per
mitted to absent themselves shall be re-
| quired to name and designate another no.
tary public of the same parish to represent
them during their absence.
SEC. l3. Be it further enacted, etc, That
it shall be the duty of all nOtaries
| public within this State without
the limits of the parish of Orleans
to deposit in the office of the parish re.
cOrder of the parish in which they may be
respectively commissioned, within fifteen
days at farthest, after the same shah have
been passed the original of all acts passed
before them, and in the order of their re-
spective dates, first having caused such acts
to be recorded in the records of convey
ances or mortgages, as the case may re-
quire, of said parish recorder: Provided,
| That the foregoing shall not be construed
as embracing inventories, family meetings,
partition, or any other act (not OF sale or
mortgage) required by law to be per.
| formed by them under any order of the
court, but the original of all such acts
| without being recorded shall be returned
! to the court from which the order issued.
SEC II. Be it fuTthar enacted, etc, That
all notaTies without the limit of the parish
of Orleans who may contravene the pro.
| visions of the preceding section shall be
lihble to a fine of one hundred dollars
for each infractiOn of the same, to be recov-
cred before any court of competent iurisdic-
tion, one half for the benefit Of the in
former.
SEC. Is. Be it further enacted, etc, That
it shall be the duty of all notaries in the
parish of Orleans to cause every act OF
sale, donation, or other conveyance of real
estate situated in said parish passed before
them respectively, even when the parties
| shall agree to dispense Herewith to be reg
| istered in the Office Of the Register of Con
veyances for the parish of Orleans within
forty-eight hours after the passage of said
acts A certificate shall be affixed to each
| such original act by said Register of Con-
veyances to the effect that the same has
been unregistered.
See lG Be it further enacted, etc. That
it shall be the duty of all notaries public in
! the Darish Of Orleans IN C9usp pvprv ST
mortgage or donation, as also any other
act or instrument impol ting a
mortgage, and required by law to be placed
on record in the office Of the Recorder Of
Mortgages for the parish of Orleans, to be
recorded in said office within forty.eight
hours after the passage of such act.
SEC. II. Be it further enacted, etc, That
all notaries public in and for the parish of
Orleans who may Contravene the provisions
| of the two preceding sections, or either OF
them, shall be liable to a fine of five hund-
red dollars for each infraGtiOn of the same,
to be recovered before any court OF compc,
tent jurisdiction, for the use and benefit OF
the Charity Hospital of New Orleans, and
also liable in damages toward any person
who shall suffer thereby.
SEC. Is. Be it further enacted etc, That
every notary public in the city OF New Or
leans having the custody of public records
| shall have his office in o brick build.
4
ground or lowest door thereof, and
cause the same to be opened
to the public for access to his records from
nine O'Clock A. NJ. until three o'clock P. NJ.
of each day (days of public rest excepted).
in default whereof he shall be deprived OF
office.
SEC, 10. Be it further enacted, etc, That
hereafter neither the Sheriff nor the notaries
public of the parish of Orleans shall pass or
execute any act tor the sale, exchange, or
transfer of any real estate situated within
said parish, unless the State, parish, and
municipal taxes due on the same be first
paid, to be shown by the Tax Collectors
receipt or certificate to that effect: provided,
that the party acquiring by such act may, by
| a written clause therein, assume the pay
ment of all such taxes, or waive on his or
her own responsibility, their payment by
the vendor, and relieve the Sheriff or notary
| from all responsibility therefor.
SEC, 20. Be it further enacted, ETC., That
| the Sheriff or notary public violating the
! provisions of the preceding section shall be
/ liable to a fine of tive hundred dollars, to be
recovered before any court of competent
| jurisdiction by the District Attorney of the
said parish OF Orleans, for the use and ben
| eft of the public schools Of the city of New
| Orleans.
SEC. 2T. Be it further enacted, ETC., That
it shall be lawful for each and every notary
public in and for the parish of Orleans TO
appoint one or more deputies to assist him
in the making of protests aud delivery Of
notices of protest Of bills of exchange anI
promissory notes; provided, that each no.
tary and his sureties shall be responsible for
the acts of each deputy employed by him
! Each deputy shall take an oath faithfully to
perform his duties as such, as also the oath
| prescribed by the constitution. The certif.
sa,Rn s,fV, ,r,F, A5l,.1