Style of reports. 777. The reports must be published in well bound volumes, and must be printed on good book paper, in long primer leaded, except the title page, the table of cases, the synopsis, and index. Number of 778. An edition of twelve hundred copies of each volume must be published. volumes. Printing and binding. Disposition of edition. Same. NOTE. This section was amended so as to read as published in the text by Act of April 1st, 1872, cited in note to Sec. 18, ante. 779. The printing and binding must be done by the State Printer. 780. The Reporter must, as soon as it is published, deliver to the Secretary of State the whole of the edition. 781. The Secretary of State must keep on sale, at four dollars per volume, the copies of the edition not distributed under the provisions of Section 410, and must, at the end of each month, pay into the State Treasury the proceeds of all sales made by him. Number of ARTICLE III. NOTARIES PUBLIC. SECTION 791. Number of Notaries. 792. Restrictions as to residence. 793. Term of office. 794. General duties of. 795. Protests, evidence of facts stated. 796. Records of, on death or resignation. 797. Certified copies of records of a predecessor. 798. Fees. 799. Official bond. 800. Certificate of filing bond and oath. 801. Liabilities on official bond. 791. The Governor of the State must appoint and commission Notaries Public as follows: For the Counties of Alameda and Sacramento, twelve each; for the Counties of Amador, Contra Costa, Mariposa, Mon- Same. terey, Napa, San Diego, and Stanislaus, eight each; for the Counties of Alpine, Colusa, Del Norte, Fresno, Humboldt, Inyo, Klamath, Lake, Lassen, Mono, Plumas, San Bernardino, San Luis Obispo, San Mateo, Santa Barbara, Santa Cruz, Shasta, Sutter, Tehama, Trinity, Tulare, and Yolo, five each; for the Counties of Butte, Calaveras, El Dorado, Sierra, and Tuolumne, thirteen each; for the Counties of Kern, Marin, and Merced, seven each; for the County of Los Angeles, nine-one to reside on Santa Catalina Island; for the Counties of Mendocino, Placer, and Yuba, ten each; for the County of Nevada, eighteen; for the County of San Francisco, twenty-one; for the Counties of San Joaquin and Siskiyou, fifteen each; for the County of Santa Clara, eight-two to reside in Santa Clara Township, and one in Gilroy Township; for the County of Solano, nine; for the County of Sonoma, nine-one to reside in Healdsburg. NOTE.-Stats. 1862, p. 443; 1863-4, p. 486; 1865-6, pp. 234, 865; 1867-8, p. 461; 1869-70, pp. 28, 55, 68, 402, 481, 697, 779, 802. By various enactments of the Legislature, enumerated below, taken from the pages of the Statutes of 1871-2, set opposite, with the dates of their approval, the counties therein named were authorized to have the additional number of Notaries appointed by the Governor there specified, to wit: Restrictions as to residence. Term of office. General duties of. constitute the whole number of Notaries to which each county is entitled. The number here given to Ventura County is the whole number-five; it being a new county, just authorized to be organized by the Act referred to, supra. It will also be observed that in some of the Acts the Notaries are required to reside at particular places in the county. 792. Every person appointed as Notary Public must at the time of his appointment be an elector of the county for which he is appointed, and must continue to reside in such county. 793. The term of office of a Notary Public is two years from and after the date of his commission. 794. It is the duty of Notaries Public: 1. When requested, to demand acceptance and payment of foreign, domestic, and inland bills of exchange, or promissory notes, and protest the same for nonacceptance 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 Same. 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. NOTE.-Subd. 1.-By Sec. 798, post, the Notary is allowed a fee for giving notice of protest, and he must give such notice whenever he protests an instrument for non-paymer.t (see Tevis vs. Randall, 6 Cal., p. 632); and in order to give such must make search and inquiry, and may act on information thus obtained.-Garver vs. Downie, 33 Cal., p. 176. As to his duty to present for payment and to protest, see Connolly vs. Goodwin, 5 Cal., p. 220. What is evidence of protest, see McFarland vs. Pico, 8 Cal., p. 626; Gillespie vs. Neville, 14 Cal., p. 408; see Vol. II, Civ. Code Cal., Secs. 3225, et seq., and 3244, et seq.; also, id., Secs. 3181-3214. Subd. 2.-See Fogarty vs. Finlay, 10 Cal., p. 239; Subd. 3.-No authority to take deposition in county Generally.-See Vol. I, Code of Civ. Pro. Cal., Sec. evidence of facts stated, 795. The protest of a Notary, under his hand and Protests, 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 Records of, on death or resignation. Certified copies of predecessor party to whom the same was given, and the Post Office nearest thereto, is primary evidence of the facts contained therein. NOTE.-See Vol. II, Code of Civ. Pro. Cal., Secs. 1888, 1919, 1920, 1926, etc.; see, also, Vol. II, Civ. Code Cal., Sec. 3225, et seq. 796. 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. 797. Every Notary having in his possession the records of a 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. Fees. NOTE.-See notes to Secs. 794, 795, ante. 798. The fees of Notaries are as follows: For drawing and copying every protest for non-payment of a promissory note, or for the non-payment or nonacceptance of a bill of exchange, draft, or check, one dollar; for drawing and serving every notice of nonpayment of a promissory note, or of the non-payment or non-acceptance of a bill of exchange, order, draft, or check, fifty cents; for recording every protest, fifty cents; for drawing any paper for which provision is not herein made, for each folio, twenty 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 signature, fifty cents, and for each additional signature, twenty-five cents; for administering and certifying an oath, twenty-five cents; for every certificate under seal, to include writing the same, fifty cents. |