Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1909-05-10
NOTAR|Es MUST
keep RECORDS
Certain Exceptions
as to Recorded
Instruments
WATER APPLICATIONS FILED
Messilla Valley Produce Ex
change Files Incorpora-
tion Papers.

written as follows upon the question
of keeping records by notaries public
provided in the new notaries' public
law which in Section II, reads as fol-
lows: Every notary shall keep a
true and perfect record of his Off
cial acts, except those for whose pub
lie record the law provides, and, if
required, shall give certified copy
of any record in his Office, upon the
payment of the fees therefor. Every
notary shall make and keep an ex-
act minute in book kept by him
for that purpose in which all his Of
fetal acts, except as herein above
provided, shall be recorded, and in
case of certificates to dispositions or
other evidence, the title of the cause
or proceeding the court in. which the
same is pending and the names of the
witness sworn shall be entered
therein.
Mr. William G. Hayden, East Las We
gas, N. M
Dear Sir-Your letter of the 3rd
instant has been forwarded to me,
and l take the earliest possible mo-
ment to answer. I think that it is
clear that, under the new law regard
ing notaries public, those officers are
required to keep record of all their
official acts as to documents of any
kind, except those for which the law
provides public record. This ex.
ception appears to include such doc
uments as mortgages, deeds and 9th.
er instruments affecting the title to
real estate as the law does provide
for their being recorded in the off,
ces of county recorders. think you
will agree with me, however, that it
will be better for any notary to err
on the side of keeping more of a
record than the law requires, than to
fall short of it, and even if the stat
ute does not require the keeping OF
a record of the acknowledgment of
a deed, yet, if the notary does keep
such record it might be of service,
as he could probably then testify that
such a deed had been acknowledged
before him by the parties. Several
years ago, | had a case where my
client relied upon deed, the execu-
tion Of which was denied by the grant
or, and the notary public who took
the acknowledgment, had record of
the fact, which enabled him to tes-
tify positively about the acknowledge
ment, and especially the time when
1T was made, although, in that case,
he had a recollection of the fact in
dependent of his record.
Very truly yours,
FRANK w. CLANCY.
attorney General.
Register Clerk in Territorial Land
Office.
G. Mirabal of Valencia county, broth
er of Hon. Sylvestre Mirabal, member
of the House Of the Thirty-eighth Leg.
islative Assembly, today took the posi-
tion of register clerk under Land Com
missioner r. P. Ervien. The young
man comes well recommended and his
appointment is recognition Of the ma.
tive young men who fit themselves for
official positions and are sober, indus
trious and capable.
Applications for Fishing Licenses.
Game and Fish Warden Thomas p
Bable this morning received twelve ap-
plications from Colorado, for non-resi-
dent fishing licenses.
Water Rights Applications.
L. T. Hardy of Santa Cruz, north
ern Santa Fe county, today filed ap-
plication in the Office Of Territorial
Engineer Vernon L. Sullivan, an appli-
cation for 40 cubic feet per second, out
Of the Santa Cruz river, for a $4,000
power plant to generate 1000 horse
power.
George T. Lambert Of Dorsey, Col
fax county, applied for water for the
Keystone Flood Water Ditch out Of
Tinaja Arroyo; M. Marcelino Of Lib
erty, San Juan county, applied for
the food waters Of West Water Ar.
royo, in San Juan county, tributary
OF the San Juan, to irrigate Is acres;
James B. Neatherlin Of Artesia, Eddy
county, applied for the waters Of Jen-
Rings Spring to irrigate rs acres. Mar
tin Yates Jr, Of Artesia, Eddy county,
applied for water out Of Eagle draw,
to irrigate 22O acres.
Arrest by Mounted Police.
Mounted Policeman Leandro Baca
reports from Socorro that he has ar
rested George Miller at Horse Spring
and has taken him to albuquerque,
where Miller had broken jail. Miller
10 charged with having forged check
Of the Santa Fe Railway Company, at
least 80 SAYS the SocOrrO Chieftain,