the same for non-acceptance and non-payment, and to exercise such other powers and duties as by the law of nations and according to commercial usages, or by the laws of any other state, government, or country, may be performed by notaries; 2. To take the acknowledgment or proof of powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any person, and to give a certificate of such proof or acknowledgment, indorsed on or attached to the instrument; 3. To take depositions and affidavits, and administer oaths and affirmations, in all matters incident to the duties of the office, or to be used before any court, judge, officer, or board in this state; 4. To keep a record of all official acts done by them; 5. To keep a record of the parties to, date, and character of every instrument acknowledged or proved before them; 6. When requested, and upon payment of their fees therefor, to make and give a certified copy of any record in their office; 7. To provide and keep official seals, upon which must be engraved the arms of this state, the words "Notary Public," and the name of the county for which they are commissioned; 8. To authenticate with their official seals all official acts. Fees of notary public: Post, § 798. Subd. 1. Negotiable instruments: 1. Demand for acceptance or payment, protest as evidence of: Post, § 795. 2. Presentment for acceptance: Civ. Code, §§ 3185-3189. 3. Presentment for payment: Civ. Code, §§ 3211-3214, 3248. 4. Excuse of presentment and notice: Civ. Code, §§ 3218-3220. 5. Protest of foreign bills: Civ. Code, §§ 3225-3238. 6. Waiver of protest: Civ. Code, § 3160. 7. Notice of protest, how given: Civ. Code, § 3231. 8. Notice of dishonor: See Civ. Code, §§ 3141-3151. Subd. 2. Acknowledgments: 1. Of instruments generally: Civ. Code, §§ 1180-1207. Subd. 3. Depositions, oaths, and affirmations: 1. Depositions: See Code Civ. Proc., §§ 2019-2021. 2. Manner of taking depositions in this state: See Code Civ. Proc., §§ 2031-2038. 3. Affidavits: See Code Civ. Proc., §§ 2009-2015. 4. Oaths and affirmations: (a) Administration of, generally: Code Civ. Proc., §§ 2093-2097. (b) By notary, authorized: Code Civ. Proc., § 2093. Legislation § 794. Enacted March 12, 1872; based on Stats. 1862, p. 443, §§ 4-10. § 795. Protests, evidence of facts stated. The protest of a notary, under his hand and official seal, of a bill of exchange, or promissory note, for non-acceptance or non-payment, stating the presentment for acceptance or payment, and the non-acceptance or non-payment thereof, the service of notice on any or all of the parties to such bill of exchange or promissory note, and specifying the mode of giving such notice, and the reputed place of residence of the party to such bill of exchange or promissory note, and of the party to whom the same was given, and the post-office nearest thereto, is prima facie evidence of the facts contained therein. [Amendment approved 1874; Code Amdts. 1873-74, p. 13.] Official seal: Ante, § 794, subds. 7, 8. Prima facie evidence, entry by officer is: See Code Civ. Proc., §§ 1920, 1926. Prima facie evidence, defined: See Code Civ. Proc., § 1833. Legislation § 795. 1. Enacted March 12, 1872; based on Stats. 1862, p. 443, § 12. 2. Amended by Code Amdts. 1873-74, p. 13. § 796. Records of, on death or resignation. If any notary die, resign, is disqualified, removed from office, or removes from the county for which he is appointed, his records and all his public papers must, within thirty days, be delivered to the clerk of the county, who must deliver them to the notary's successor, when qualified. Resignations, vacancies, and the mode of supplying them: Post, §§ 995-1004. Legislation § 796. Enacted March 12, 1872; based on Stats. 1862, p. 444, § 14. § 797. Certified copies of records of a predecessor. Every notary having in his possession the records and papers of his predecessor in office, may grant certificates or give certified copies of such records and papers, in like manner and with the same effect as such predecessor could have done. Certificates, and certified copies of records and papers: See ante, §§ 794, 795. Legislation § 797. Enacted March 12, 1872; based on Stats. 1862, p. 445, § 16. § 798. Fees. The fees of notaries are as follows: For drawing and copying every protest for the non-payment of a promissory note or for the non-payment or non-acceptance of a bill of exchange, draft, or check, two dollars. For drawing and serving every notice of non-payment of a promissory note, or of the non-payment or non-acceptance of a bill of exchange, order, draft, or check, one dollar. For recording every protest, one dollar. For drawing an affidavit, deposition, or other paper for which provision is not herein made, for each folio, thirty cents. For taking an acknowledgment or proof of a deed, or other instrument, to include the seal and the writing of the certificate, for the first two signatures, one dollar each, and for each additional signature, fifty cents. For administering an oath or affirmation, fifty cents. For every certificate, to include writing the same, and the seal, one dollar. [Amendment approved 1874; Code Amdts. 1873-74, p. 71.] Legislation § 798. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 71. § 799. Official bond. Each notary must execute an official bond in the sum of five thousand dollars, which bond must be approved by the judge of the superior court of his county, and filed and recorded as other official bonds of county officers. [Amendment approved 1880; Code Amdts, 1880, P. 19.] Notary's official bond, liability on: Post, § 801. Legislation § 799. 1. Enacted March 12, 1872; based on Stats. 1862, p. 443, § 2. 2. Amended by Code Amdts. 1880, p. 19. § 800. Time for filing notarial bond. Each notary must file his official bond, and take, subscribe, and file his oath of office in the office of the county clerk within twenty days from the date of his commission, and must transmit a certificate of the facts, under the hand and seal of the county clerk, together with a copy of his official oath, signed by him with his own proper signature, to the office of the secretary of state, to be filed therein within thirty days from the date of his commission. [Amendment approved 1903; Stats. 1903, p. 191.] Official oath, generally: Post, §§ 904-910. Legislation § 800. 1. Enacted March 12, 1872; based on Stats. 1862, p. 443, § 3. 2. Amended by Code Amdts. 1877-78, p. 24. 3. By Stats. 1903, p. 191. § 801. Liabilities on official bond. For the official misconduct or negleet of a notary public, he and the sureties on his official bond are liable to the parties injured thereby for all the damages sustained. Legislation § 801. Enacted March 12, 1872; based on Stats. 1862, p. 444, § 13. § 816. List of commissioners to be published. § 817. Copy of this article to be transmitted to appointee. § 811. Governor to appoint. The governor may appoint in each state of the United States, or in any foreign state, one or more commissioners of deeds, to hold office for the term of four years from and after the date of their commission. Legislation § 811. Enacted March 12, 1872; based on Stats. 1850, p. 100, § 1, as amended by Stats. 1858, p. 22, § 1. § 812. General powers of. Every commissioner of deeds has power, within the state for which he is appointed: 1. To administer and certify oaths; 2. To take and certify depositions and affidavits; 3. To take and certify the acknowledgment or proof of powers of attorney, mortgages, transfers, grants, deeds, or other instruments for record; 4. To provide and keep an official seal, upon which must be engraved the arms of this state, the words "Commissioner of Deeds for the State of California," and the name of the state for which he is commissioned; 5. To authenticate, with his official seal, all his official acts. Acknowledgments out of state: Civ. Code, § 1182. Legislation § 812. Enacted March 12, 1872; based on Stats. 1850, p. 100, § 1. § 813. Effect of acts done by commissioners. All oaths administered, depositions and affidavits taken, and all acknowledgments and proofs certified by commissioners of deeds, have the same force and effect, to all intents and purposes, as if done and certified in this state by any officer authorized by law to perform such acts. Legislation § 813. Enacted March 12, 1872; based on Stats. 1850, p. 100, § 2. § 814. Oath, when to be filed. The official oaths of commissioners of deeds must be filed in the office of the secretary of state within six months after they are taken. Legislation § 814. Enacted March 12, 1872; based on Stats. 1850, p. 100, § 3. §815. Fees. The fees of commissioners of deeds are the same as those prescribed for notaries public. Legislation § 815. Enacted March 12, 1872. § 816. List of commissioners to be published. The names of all persons appointed commissioners must be published three times in some weekly newspaper published at the seat of government of the state. Legislation § 816. 1. Enacted March 12, 1872; based on Stats. 1850, p. 100, § 5. § 817. Copy of this article to be transmitted to appointee. The secretary of state must transmit, with the commission to the appointee, a certified copy of this article, and of section seven hundred and ninety-eight. Legislation § 817. Enacted March 12, 1872; based on Stats. 1850, p. 100, § 4. ARTICLE V. Other Officers. § 827. Court commissioners. § 828. Secretary and bailiff of the supreme court. § 829. Phonographic reporters. $ $30. Clerks, sheriffs, coroners, and other county officers, etc. § 831. Attorneys and counselors at law. § 827. Court commissioners. The mode of appointment, powers, and duties of court commissioner are fixed by chapter two, title three, part one of the Code of Civil Procedure. Court commissioners: Code Civ. Proc., §§ 258, 259. § 828. Secretary and bailiff of the supreme court. The mode of appointment, powers, and duties of the secretary and bailiff of the supreme court are fixed by chapter two, title four, part one of the Code of Civil Procedure. Secretaries and bailiffs of supreme court: 1. Generally: Code Civ. Proc., §§ 265, 266. Legislation § 828. Enacted March 12, 1872. § 829. Phonographic reporters. The mode of appointment, powers, and duties of phonographic reporters are fixed by chapter three, title four, part one of the Code of Civil Procedure, and sections seven hundred and sixty-nine and seven hundred and seventy of this code. Phonographic reporters: 1. Generally: Code Civ. Proc., §§ 268-274. Legislation § 829. Enacted March 12, 1872. § 830. Clerks, sheriffs, coroners, and other county officers, etc. The mode of election of clerks, sheriffs, coroners, and other county and township officers is fixed by part four of this code. County officers, election of: Post, § 4109. Legislation § 830. Enacted March 12, 1872. § 831. Attorneys and counselors at law. The admission of attorneys and counselors at law is provided for and their duties fixed in chapter one, title five, part one of the Code of Civil Procedure. Attorneys and counselors at law: Code Civ. Proc., §§ 275-299. CHAPTER VII. General Provisions Relating to Different Classes of Officers. Article I. Disqualifications. §§ 841-843. Restrictions upon the Residence of Officers. §§ 852-855. IV. Appointment and Duration of Term. §§ 875-879. VIII. VII. Prohibitions Applicable to Certain Officers. IX. §§ 889-894. §§ 920-926. §§ 936, 937. X. Resignations, Vacancies, and the Mode of Supplying Them. §§ 995-1004. XI. Proceedings to Compel the Delivery of Books and Papers by XII. Miscellaneous Provisions. §§ 1026–1033. ARTICLE I. § 841. Age and citizenship. § 842. Other disqualifications. § 843. County officer not to act as deputy. § 841. Age and citizenship. No person is capable of holding a civil office who at the time of his election or appointment is not of the age of twenty-one years and a citizen of this state. Civil office, as distinguished from military: See ante, § 341 (classifying executive officers.) "Not of the age of twenty-one years": See Civ. Code, § 25, subd. 1. Women eligible to educational offices: Stats. 1873-74, p. 356. See post, Appendix, tit. "Officers." Citizens, who are: Ante, § 52. Citizenship, as requisite for judicial officers: Code Civ. Proc., §§ 156, 157, 159. Legislation § 841. Enacted March 12, 1872. |