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CHAPTER CLXXXIX.

AN ACT concerning Notaries Public.—[Passed April 30, 1853.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

Governor to
appoint.
Number for San
Francisco, for
Sacramento,
El Dorado,
Nevada, Placer,

Tuolumne and
San Joaquin.
For the other
counties of the
state
Term of office.

oath and enter into bonds.

of oath to be recorded.

Section 1. The governor shall have power to appoint and commission twenty notaries public for the county of San Francisco, fifteen

for each of the counties of Sacramento, El Dorado, Nevada, Placer, Butte , Calaveras, Yuba, Sierra, Butte, Calaveras, Tuolumne, and San Joaquin, and

five for each of the other counties of the state, who shall hold office for the term of two years, and until their successors are appointed

and qualified. Notaries to take Sec. 2. Each notary public, before entering upon the duties of his

office, shall take the oath of office, which shall be endorsed on his commission, and shall enter into bond to the state in the sum of fire thousand dollars, with sureties to be approved by the county judge of

the county for which such notary may be appointed. Bond and copy Sec. 3. The bond, together with a certificate of the oath, shall be

filed and recorded in the office of the county clerk of such county. Powers and Sec. 4. Notaries public shall have authority to demand acceptance duties of notaries. Foreign bills of and payment of foreign bills of exchange, and to protest the same exchange, etc.

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 law of any other state, government, or county, may be performed by notaries public.

Sec. 5. They may also demand acceptance of inland bills of erexchange, etc.

change and payment thereof, and of promissory notes, and may protest the same for non-acceptance or non-payment, as the case may

require. Acknowledgment Sec. 6. Each notary public shall have power to take and to certify of deeds, mortthe acknowledgment or proof of powers of attorney, mortgages,

deeds, and other instruments of writing, the acknowledgments of any con:

veyance, or other instrument of writing executed by any married Depositions, woman, to take depositions, and to administer oaths and affirmations oaths, etc.

in all matters incident or belonging to the duties of his office, and to take affidavits to be used before any court, judge, or officer of this

state. To keep record

Sec. 7. Each notary public shall keep a fair record of all his official acts, except such as are mentioned in section sis of this act, and when

Inland bills of

gages, etc.

of official acts.

thereof.

notarial seal.

for use of suc. cessor.

of the facts

required, shall give a certified copy of any record in his office to any Certified copies person, upon the payment of the fees therefor.

Sec. 8. Each notary public shall provide a notarial seal, with To provide which he shall authenticate all his official acts, on which seal shall he engraved the arms of this state and the name of the county for which he is commissioned, which seal, together with the registers and Seal, books, etc., official documents, shall not be liable to be seized on by any execu- execution. tion; and in case of the death or removal of said notary public, the To be deposited aforesaid register and official documents shall be lodged in the office county recorder of the county recorder of his county, for the use of his successor in office.

Sec. 9. Any certificate or instrument, either printed or written, Certificates, etc.; purporting to be the official act of a notary public of this state, and evidence. purporting to be under the seal and signature of such notary public, shall be received as prima facie evidence of the official character of such instrument, and of the truth of the facts therein set forth.

Sec. 10. The original protest of a notary public under his hand original protest and official seal, of any bill of exchange or promissory note, for non- forth certain acceptance or non-payment, stating the presentment by him of such made evidence bill of exchange or note for acceptance or payment, and the non-ac- contained

therein. ceptance or non-payment thereof, and 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 specifying the mode of giving such notice, and the reputed place of residence of the party to whom the same was given, and the post office nearest thereto, shall be prima facie evidence of the facts contained therein. The certificate of a notary public drawn from his record, stating the protest and the facts therein contained, shall be evidence of the facts in like manner as the original protest. Sec. 11. For any misconduct or neglect of duty in any of the ca- Penalty for

violation of duty. ses in which any notary public, appointed under the authority of this state, is authorized to act, either by the law of this state, or of any other state, government, or county, or by the law of nations, or by commercial usage, he shall be liable on his official bond to the parties Liable for injured thereby, for all damages sustained. For any wilful violation his bond. or neglect of duty, any notary public shall be subject to criminal neglect or prosecution, and may be punished by fine not exceeding two thousand Juts, a fine. dollars and removal from office.

Sec. 12. If any notary public die, resign, be disqualified, or re- When office move from the county, his record and all his public papers shall, books, etc., to be within thirty days, be delivered to the recorder of the county, who recorder. shall deliver them to the successor of the said notary when qualified.

And for wilful

Amount.

Books, etc., to
be delivered
to successor
in office.

Notaries to issue copies of papers, etc., of their predecessors.

Fees.

Sec. 13. When the term of office of any notary public expires, and his successor is appointed and qualified, he shall deliver his record and public papers to such successor.

Sec. 14. Any notary public having in his possession the records and papers of his predecessor or predecessors 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 or predecessors could have done.

Sec. 15. Each notary public shall receive such fees for his services as may be allowed by law. (1)

Sec. 16. The act concerning notaries public, passed March twentyseventh one thousand eight hundred and fifty, is hereby repealed, such repeal to take effect on the first day of June, one thousand eight hundred and fifty-three, on which day the officers appointed under said law shall deliver their records and all their public papers to the recorder of the county, to be by him delivered to the notaries public appointed under this act.

Sec. 17. This act shall take effect from and after its passage, escept section sixteen, which shall take effect on the first day of June, one thousand eight hundred and fifty-three.

Former act
repealed
To take effect.
Officers under
former law to
transfer their
official papers,
etc.

Commencement of this act.

CHAPTER CXC.

AN ACT Supplementary to an Act to provide for the Appointment,

and prescribe the duties of Guardians, passed April nineteenth, one thousand eight hundred and fifty. (2)—[Passed April 30, 1853.]

The People of the State of California, represented in Senate and As

sembly, do enact as follows:

Former act amended

Conditions of sales of real estate of minor heirs.

Section 1. The following shall be an additional section to the act to provide for the appointment and prescribe the duties of guardians, passed April nineteenth, one thousand eight hundred and fifty, to wit: section fifty. All sales of real estate of minor heirs, made for the benefit of said minor heirs, in accordance with the provisions of this act, shall be for cash, or for part cash and part deferred payments, not to exceed three years, bearing date from date of sale as in the discretion of the probate judge may be most beneficial to said minor heirs. Guardians making the sales aforesaid, shail demand

(1) See ante, page 721 and 729.
(2) For act on same subject, see ante, page 154.

and receive from the purchasers bond and mortgage on the real estate Bond and so sold, with such additional security as the judge may deem neces- be given for sary and sufficient to secure the faithful payment of the deferred pa y. pašments. ments and the interest thereon.

CHAPTER CXCI.

AN ACT to provide for the Measurement of Lumber.—[Passed

April 30, 1853.]

The People of the State of California, represented in Senate and As

sembly, do enact as follows :

take oath.

Section 1. There shall be appointed a measurer of lumber whose Measurer for duty it shall be to measure boards, plank, timber and shingles, if San Francisco. designed for use in, or exportation from, the port of San Francisco, as provided in the following sections of this act.

Sec. 2. The measurer of lumber may demand and receive for mea- Compensation. suring and examining boards and plank according to the superficial measure, one dollar for every thousand feet. For measuring other timber reduced to cubical feet, fifty cents for every ton, consisting of forty cubical feet, and for shingles twenty-five cents for every thousand, to be paid by the seller.

Sec. 3. The said measurer shall, before he enters upon the duties Measurer to of his appointment, take and subscribe an oath or affirmation, before some judge or justice of the peace of the county of San Francisco, faithfully to perform the duties of measurer of lumber according to law, and to the best of his knowledge; a certificate of such oath he shall file in the county recorder's office. And it shall be the duty of A copy to be filed the measurer so appointed to measure and mark the quantity of feet office. and count all lumber received in the city of San Francisco, or else- measurer of where, if required to by the buyer or seller : Provided, that no person who shall have been appointed a measurer and deputy measurer Measurers not to of lumber shall directly or indirectly be engaged in buying or selling the lumber trade. of lumber, under the penalty of five hundred dollars, to be recovered Penalty for as debts of like amount are recoverable, for the use of the trustees of the state lunatic asylum.

Sec. 4. All boards and planks shall be reduced to and counted as inch measure, and it shall further be the duty of the measurer to furnish a correct list or bill of lumber, with the quantity by him measured, to the parties requiring the same, which certificate shall be furnished without charge. All lumber required to be measured by either

in recorder's

Duties of

lumber.

violation.

Mode of
measuring

the seller or purchaser, shall be measured by the regular commissioned measurer or his deputy.

GENERAL PROVISIONS.

Measurer to be appointed by the governor. Term of office.

ble for their acts.

take oath.

recorder.

Measurers to execute bond.

Sec. 5. The measurer hereinbefore mentioned shall be appointed by the governor, and shall hold his office for one year.

Sec. 6. The measurer hereinbefore mentioned is empowered, and if May appoint necessary to the convenient despatch of his duties, is hereby required deputies.

to appoint a sufficient number of deputies, for whom he shall be acTo be accounta- countable, which deputies are hereby empowered to perform the duties

of measuring, as their principal might or could do, and they are here

by made liable to the like penalties. Measurer and Sec. 7. Every person appointed as aforesaid to the office of meadeputies to

surer, and also every deputy of such person shall, before he enter upon the duties of his office, take and subscribe an oath or affirmation before some person having power or authority to administer oaths, to support the constitution of the United States, and the constitution of

this state, and to perform the duties of his said office with fidelity, To be filed in the which oath or affirmation he shall cause to be filed in the office of the office of county

said county recorder.

SEC. 8. Every person who shall be appointed to the office of mea. surer as aforesaid shall also, before entering upon the duties of his office, execute a bond to the state in such sum and with such surety as shall be approved by the court of sessions of the county of San Francisco, with conditions for the faithful performance of the duties

imposed upon him by law, which bond shall be for the use of all peruse of parties aggrieved.

may be aggrieved by the acts or neglect of such measurer. Sec. 9. Every person appointed a measurer as aforesaid, shall cause the bond hereinbefore prescribed, being duly acknowledged by him and his sureties, to be recorded by the recorder of deeds of the said county, and as soon afterwards as convenient to be transmitted to the

secretary of state. Copies of bonds Sec. 10. Copies of the record of official bond of any measurer, acmade evidence.. knowledged and recorded as aforesaid, and duly certified by the re

corder of deeds, for the time being, shall be good evidence in any action brought against such measurer or his sureties on such bond, according to its form and effect, in the same manner as the original would be if produced and offered in evidence.

Sec. 11. Every measurer shall, at his own costs and charges, proprocure suitable

cure such brands, instruments and apparatus, as may be necessary or may be by law required, for the due execution of his office.

Sec. 12. Every measurer and every deputy measurer, shall, when

To be for the

sons wbo

Bonds given under the act to be filed at the office of secretary of state.

under the act

Measurers to

brands, etc

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