the cases included therein, and after preparing such report must submit it to the Court for correction and approval. SEC. 773. Each report must be made in a manner and Reports, form as the Court may direct. what to include. must tion. SEC. 774. The reports must be published under the Justices supervision of the Court, and to that end each of the supervise publicaJustices must be furnished by the Reporter with proof sheets of each volume thirty days before its final publication. sheets. SEC. 775. Within thirty days after such proof sheets Proof are furnished the Justices may return them to the Reporter with corrections or alterations, and he must make the corrections or alterations accordingly. papers. SEC. 776. The Reporter may take the original opinions Original and papers in each case from the Clerk's office and retain them in his possession not exceeding sixty days. reports. SEC. 777. The reports must be published in well Style of 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. volumes. SEC. 778. An edition of five thousand copies of each Number of volume must be published. SEC. 779. The printing and binding must be done by Printing the State Printer. and binding. of edition. SEC. 780. The Reporter must as soon as it is published Disposition deliver to the Secretary of State the whole of the edition. SEC. 781. The Secretary of State must keep on sale, Same. at four dollars per volume, the copies of the edition not distributed under the provisions of section four hundred and ten, and must at the end of each month pay into the State Treasury the proceeds of all sales made by him. Number of Notaries. Restrictions as to residence. 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. 799. Official bond. 800. Certificate of filing bond and oath. 801. Liabilities on official bond. SEC. 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, Monterey, Napa, San Diego, and Stanislaus, eight cach; 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. SEC. 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. SEC. 793. The term of office of a Notary Public is two Term of years from and after the date of his commission. office. SEC. 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 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. SEC. 795. 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 General duties of. Protests, evidence of facts stated. on death or 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 primary evidence of the facts contained therein. Records of, SEC. 796. If any Notary die, resign, is disqualified, resignation. 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. Certified copies of records of a predecessor. Foos. Official bond. Certificato of filing bond and oath. SEC. 797. 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. SEC. 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 non-acceptance of a bill of exchange, draft, or check, one dollar; 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, 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, twentyfive cents; for administering and certifying an oath, twenty-five cents; for every certificate under seal, to include writing the same, fifty cents. SEC. 799. Each Notary must execute an official bond in the sum of five thousand dollars, which bond must be approved by the County Judge of his county, and filed and recorded as other official bonds of county officers. SEC. 800. Each Notary, as soon as he has taken his official oath and filed his official bond, must transmit a certificate of the facts, under the hand and seal of the County Clerk, to the office of the Secretary of State. on official SEC. 801. For the official misconduct or neglect of a Liabilities Notary Public, he and the sureties on his official bond bond." are liable to the parties injured thereby for all the damages sustained. NOTE. This Article is founded upon the statutes cited, and the statutes of 1862, p. 445; 1870, p. 157. 816. List of Commissioners to be published. 817. Copy of this Article to be transmitted to appointee. appoint. SEC. 811. The Governor may appoint in each of the Governor to United States, or in any foreign State, one or more Commissioners of Deeds, to hold their office for the term of four years from and after the date of their commission. duties of. SEC. 812. Every Commissioner of Deeds has power, General 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. SEC. 813. All oaths administered, depositions and affi- Effect of davits taken, and all acknowledgments and proofs certi acts done by Commissioners. |