persons who may agree to publish and sell the same on the terms most advantageous to the state and public. History: Enacted March 12, 1872. Original act repealed March 24, 1874, and the section as above given enacted in place of and as substitute therefor, Code Amdts. 1873-4, p. 69. § 780. ESSENTIALS OF CONTRACT. The contract must require the publisher to print and publish each volume in the style required by section seven hundred and seventy-seven, within sixty days from the time at which the manuscript is delivered by the reporter, to sell three hundred copies to the state at the price fixed in the contract, and to keep on hand and for sale at the price stipulated in the contract, a sufficient number of copies of each volume to supply all demands for six years from the publication thereof, and to give bonds for the fulfilment of the terms of the contract, in the sum of ten thousand dollars. History: Enacted March 12, 1872. Original act repealed March 24, 1874, and the section as above given enacted in place of and as substitute therefor, Code Amdts. 1873-4, pp. 69, 70. § 781. DISPOSITION OF REPORTS. On the publication of each volume of reports, the secretary of state must purchase, for the use of the state, three hundred copies of said volume, at the price named in the contract, not exceeding four dollars per volume, and after having distributed the same, as required by section four hundred and ten, shall deposit the surplus copies, if any there be, in the state library. History: Enacted March 12, 1872; amended March 24, 1874, Code Amdts. 1873-4, p. 70; March 30, 1874, Code Amdts. 1873-4, p. 13. The original act was amended by two acts of the session of the legislature of 1873-4, neither of which referred to the other. The act of March 30th is as follows: "The secretary of state must keep on sale, at three 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." § 782. PROCEEDINGS IF NO CONTRACT MADE. [PUBLICATION BY STATE PRINTER.] If, after advertising as required by section seven hundred and seventy-nine, no proposals are received by the secretary of state, agreeing to print, publish, and sell said volumes at a price not exceeding four dollars per volume, then the state printer must print and bind twelve hundred copies of each volume, and deliver to the secretary of state all the copies printed by him; and the secretary of state must keep the copies of the edition not distributed under the provisions of section four hundred and ten on sale at four dollars per volume, at retail, and at such wholesale price as may be fixed by the governor, controller, and secretary of state, and must, at the end of each month, pay into the state treasury the proceeds of all sales made by him. This act shall not apply to any volume of reports, the printing of which may have been commenced by the state printer at the time the contract herein provided for is made. History: Enacted March 24, 1874, Code Amdts. 1873-4, p. 70. ARTICLE III. NOTARIES PUBLIC. Notaries public; number governor may commission. Protests, prima facie evidence of facts stated. § 791. § 792. § 793. Terms of notaries public. $ 795. § 796. § 797. § 798. § 799. § 800. § 801. Certified copies of records of a predecessor. Official bond. Time for filing notarial bond, etc. § 791. NOTARIES PUBLIC; NUMBER GOVERNOR MAY COMMISSION. The governor may appoint and commission such number of notaries public for the several counties and cities and counties of this state as he shall deem necessary for the public convenience, except that in cities and counties of the first class the number shall not exceed eighty-five. History: Enacted March 12, 1872; amended March 30, 1874. Code Amdts. 1873-4, p. 13; March 18, 1878, Code Amdts. 1877-8, p. 24; April 15, 1880, Code Amdts. 1880 (Pol. pt), p. 59; March 19, 1887, Stats. and Amdts. 1886-7, p. 79; March 19, 1889, Stats. and Amdts. 1889, pp. 377, 378; March 23, 1893, Stats. and Amdts. 1893, p. 289; March 21, 1901, Stats. and Amdts. 1900-1, pp. 793, 794; March 20, 1903, Stats. and Amdts. 1903, p. 244; March 18. 1905, Stats. and Amdts. 1905, p. 199; April 22, 1909, Stats. and Amdts. 1909, p. 1059. In effect immediately. See Kerr's Cyc. Pol. C. for 2 pars. annotation. 152 C. 317, 318, 92 P. 846 (cited). Every person § 792. QUALIFICATIONS; RESIDENCE. appointed as notary public must, at the time of appointment, be a citizen of the United States and of this state, and twentyone years of age; must have resided in the county for which the appointment is made for six months. Women having these qualifications may be appointed. History: Enacted March 12, 1872; amended March 10, 1891, Stats. and Amdts. 1891, p. 29. § 793. TERMS OF NOTARIES PUBLIC. The term of office of a notary public is four years from and after the date of his commission. History: Enacted March 12, 1872; repealed March 19, 1889, Stats. and Amdts. 1889, p. 378; present section enacted February 16, 1899, Stats. and Amdts. 1899, p. 11. 152 C. 317, 318, 92 P. 846 (cited). Power of successor in office.-See post §§ 796, 797. Vacancies and how filled.-See Kerr's Cyc. Pol. C. §§ 996-1004 and notes. § 794. GENERAL DUTIES OF. 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 nonpayment, 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. History: Enacted March 12, 1872. See Kerr's Cyc. Pol. C. for 16 pars. annotation. 89 C. 115, 118, 26 P. 627, 628 (cited); 98 P. 80, 83 (duty of notary to take acknowledgments and to give certificates thereof); 98 P. 385, 387 (notary public is an officer authorized to administer oaths, and to take testimony; and a witness may be required, by subpoena, to appear before him to give his deposition). Acknowledgments of §§ 1180-1207. instruments.-See Kerr's Cyc. C. C. Affidavits. See Kerr's Cyc. C. C. P. §§ 2009-2015 and notes. Authorization of notary to administer oaths and affirmations. -See Kerr's Cyc. C. C. P. § 2093 and note. Depositions, generally.-See Kerr's Cyc. C. C. P. §§ 2019-2021 and notes. Effect of omission to affix seal.-See 74 A. D. 368. Excuse of presentment and notice.-See Kerr's Cyc. C. C. §§ 3218-3220 and notes. Manner of taking depositions in state. See Kerr's Cyc. C. C. P. § 2031-2038 and notes. Notary's authority to take acknowledgments.-See Kerr's Cyc. C. C. §§ 1181-1183 and notes. Oaths and affirmations, administration of generally.-See Kerr's Cyc. C. C. P. §§ 2093-2097 and notes. Place at which official acts may be performed.-See 33 L. 92. Power of notary to act when attorney or party interested.— See 95 A. D. 378. Presentment for acceptance.-See Kerr's Cyc. C. C. §§ 3185-3189 and notes. Presentment for payment.-See Kerr's Cyc. C. C. §§ 3211-3214. 3248 and notes. Protest as evidence of demand for acceptance or payment.See post § 795. Protest of foreign bills.-See Kerr's Cyc. C. C. §§ 3225-3238. Protest of foreign bills as evidence.-See Kerr's Cyc. Pol. C. $795 and note. Validity of acknowledgment of instrument before notary interested in the transaction.-See 33 L. 332; and brief 62 L. 790. Waiver of protest of foreign bills.-See Kerr's Cyc. C. C. § 3160 and note. |