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public, that the want of it cannot be supplied by witnesses, or by the oath of the party, or in any other way.
Affidavit of the execution of a warrant of attorney, ta. ken at Gibraltar, before a magistrate of that place, was rejected by the court of common pleas, in England, be: cause not attested by a notary public. 2 Hen. Blacks, Rep. 275, But the most important part of the duties of a potạry public is the protesting of bills of exchange, in case of non-acceptance or non-payment. A protest is a demạnd, made by a notary public, upon a merchant, or change drawn upon him; after his having refused to ac
cum ccept or discharge a bill of ex. cept or pay the same, on the application of the holder.It is called a protest because it contains a protestation that the party will return the bill with a charge of alỊ costs and damages, Protests are of two kinds, one for non-acceptance, and the other for non-payment. Besides these, there may also be a protest for better security, where the acceptor, after the acceptance, and before the day of payment, becomes, or is likely to become insolvent.
The effect of a protest for non acceptance or non-payment is to charge the drawer or endorsers, not only with the payment of the original sum, but with interest, damages, and expenses; which latter consist usually of the exchange, re-exchange, commission, and postage, together with the expense of the protest. Stra. 649. If the per: son to whom the bill is addressed refuse to accept on pre: sentment, the holder applies immediately to a notary,
in person to the drawee and demands acceptance, and on refusal again, by the drawee, to accept, the notary makes a minute on the bill, consisting of his initials, the day, month, and year, and the reason, if any, for non-acceptance, together with his charge. This is usually termed noting the bill, and is merely a preliminary step to the protest, which is drawn up afterward, and must bear dạte, with the note on the bill. The protest is a part of the constitution of a foreign bill of exchange; and the mere production of it, attested by a no tary public, is evidence of the dishonor of the bill, and to it all foreign courts give credit. The demand is the material thing, and must be made by the notary public himself, to whom credit is given because he is a public officer, known and recognized, wherever the law merchant
prevails. 12 Mod. 345. 4 Campb. 129. Skin. 272. 4 Ter. Rep. 175. Bull. N. P. 271.7 East. 359. Chit. B. 280.
In this state, the governor is authorized to appoint and commission as many notaries public as he may delem necessary, who shall hold their offices for the term of five years if they shall so long behave well; and shall each take an oath, and give bond for the due performance of the duties of the said office. Rey, L. 376.
Oath of a notary public.
You solemnly swear, that you will support the constia tution of the United States and the constitution of the state of Indiana; and that you will faithfully and impartially discharge the duties of a notary public, to the best of your skill and understanding. So help you God.
Bond of notary public.
Kņow all men by these presents, that we Joseph Scribe and David Lovegood are held and firmly bound unto the state of Indiana, in the sum of five hundred dollars, lawful money of the United States, for the payment of which, well and truly to be made and done, we bind ourselves, our heirs, executors, and administrators,jointly and severally, firmly by these presents. Sealed with our seals, and dated this 10th day of August, 1832.
The condition of the above obligation is such, that if the above bound Joseph Scribe will faithfully and impartially discharge the deties of a notary public, in the state of Indiana, during his continuance in office, then the above obligation is to be yoid and of none effect; otherwise to be and remain in full force and virtue in law.
Signed, sealed and delivered in presence of JOSEPH SCRIBE (SEAL.] John WELSH,
DAVID LOVEGOOD SEAL DANIEL DICKSON,
Attestation of the acknowledgment of a letter of attorney.
Be it remembered, that on the tenth day of July, in the year of our Dord eighteen hundred and thirty-two, before me John Den, of Jeffersonvilļe in the state of Indi.
ana, notary public, by authority of law duly appointed and qualified, the within named John Bull personally came, and acknowledged that he signed, sealed, and delivered the within written letter of attorney, as his act and deed, for the purposes therein expressed.
In testimony whereof I have hereunto set NOTARIAL
my hand and affixed my notarial seal, the day and year above written.
Attestation of proof by witnesses. Be it remembered, that John Jones and Alfred Blunt, the subscribing witnesses to the above letter of attorney, came this day personally before me Joseph Scribe, of Indianopolis, notary public by authority of the law of the state of Indiana, duly appointed and qualified, and made oath, that the above letter of attorney was, on the day of the date thereof, to wit, on the tenth day of July last past, signed, sealed, and delivered by the above named John Bull, as his act and deed for the purposes therein expressed, and that they, the said John Jones and Alfred Blunt did, then and there, at the instance and request of the said John Bull, subscribe their names thereunto as witnesses.
In testimony whereof I have hereunto set
my hand and affixed my notarial seal, at [NOT Indianapolis, the first day of August, in
the year of our Lord eighteen hundred and thirty-two.
Attestation, where the instrument has been acknowledged be
fore a justice of the peace.
I, Joseph Scribe, of Indianapolis, in the state of India ana, ņotary public, by authority of law duly appointed and qualified, do certify that John Doe, esquire, before whom the foregoing letter of Attorney was acknowledg. ed, and whose certificate is thereto-annexed, is, and was at the time of taking the said acknowledgment, an acting justice of the peace in and for the said county of Marion, duly authorized by law to take and certify the acknowledgment of deeds, letters of attorney, and other instruments of writing, and that full faith and credit is and ought to be given to all his official acts as such, as well in courts of justice as thereout.
In testimony whereof I have hereunto set
my hand and affixed my notarial seal, at [NOTARIAL] Indianapolis
, the first day of August, in the year of our Lord, eighteen hundred and thirty-two.
Protest of a foreign bill of exchange for non-acceptance.
On this day, the seventh day of August, in the year of our Lord one thousand eight hundred and thirty-two, at the request of A. B. bearer of the original bill of exchange, a true copy of which is on the other side written, l, Joseph Scribe of Indianapolis, notary public, by authority of law duly appointed and qualified, did exhibit the said bill, to the said C. D. at his usual place of abode, and requested him to accept the same, which he refused to do, alleging at the same time, that there were no effects of the drawer in his hands. Wherefore I, the said notary, at the request of the said A. B., have protested, and by these presents do solemnly protest, as well against the drawer, and endorsers of the said bill of exchange, as against all others whom it may concern, for exchange, re-exchange, and all costs, charges, damages, and interest suffered, and to be suffered, by the non-acceptance of the said bill. Thus done and protested in Indianapolis aforesaid.
In testimony whereof I have hereunto set [NOTARIAL] my hand and affixed my notarial seal, the
day and year above written. Noting and protest, $100.
Protest for non-payment.
On this day, the eighth day of October, in the year
of our Lord eighteen hundred and thirty-two, at the request of Abel Bond, the bearer of the original bill of exchange, a true copy of which is on the other side written, I JOseph Scribe, of Indianapolis, in the state of Indiana, notary public, by authority of law duly appointed and qualified, did exhibit the said bill to the said Charles Dunkin, at bis usual place of abode, and demanded payment of the same, which the said Charles Dunkin did not pay. Wherefore I, the said notary, at the request aforesaid, have protested, and do by these presents solemnly protest, as well against the drawer, endorsers, and acceptor of the said bill of exchange, as against all others whom it may concern, for exchange, re-exchange, and all costs, charges. damages, and interest suffered, or to be suffered for want of payment of the said original bill. Thus done and protested at Indianapolis aforesaid.
In testimony whereof I have hereunto set my
and year above written.
County treasurers are appointed annually, by the board of county commissioners, at their first session after the first day of February, and are required to give bond with security to the satisfaction of said board, conditioned for the faithful discharge of their duties. The duties of a county treasurer are, to receive and keep safe all moneys belonging to the county, to pay and disburse the same, on orders drawn by the board of commissioners of the proper county, attested by their clerk, and not otherwise, and to keep a true and just account of all moneys received and disbursed, and hold the same at all times ready for the inspection of the board. It is moreover the duty of the treasurer to collect from any delinquent sheriff or collector, any arrears of taxes due to the county, and in like manner, when he shall be furnished by the clerk with a statement of jury fees received by any officer, he shall proceed to collect the same according to law. The county treasurer is allowed, as a compensation for his services, one and a half per centum, for all moneys received, and a like sum for all moneys paid out for the coun