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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.'

The original protest of a notary public, under his hand and official seal, of any bill of exchange or promissory note for nonacceptance or non-payment, stating the presentment by him of such bill of exchange or note for acceptance or payment, and the non-acceptance 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.'

FEES OF NOTARY PUBLIC.

For drawing and copying every protest for the non-payment of a promissory note, or for the non-payment or non-acceptance of a bill of exchange, draft or check, two dollars. 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, one dollar. For recording every protest, one dollar. For drawing an affidavit, deposition or other paper, for which provision is not herein made, for each folio, thirty cents. For taking an acknowledgment or proof of a deed or other instrument, to include the seal and the writing of the certificate, for each signature one dollar. For administering an oath or affirmation, twenty-five cents. For every certificate, to include writing the same, and the seal, one dollar.

In the counties of Sonoma, Santa Clara, San Mateo, Napa, San Joaquin, Los Angeles, Contra Costa, Sacramento, Alameda, Humboldt, Colusi, Santa Cruz, Santa Barbara, San Luis Obispo and Monterey, the following are fees of a notary public:

For drawing and copying every protest for the non-payment

1 Wood's Dig. art. 2847, 2849.

2 id. 2396, 2442.

of a promissory note, or for the non-payment or non-acceptance of a bill of exchange, draft or check, one dollar and fifty cents. 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, one dollar. For recording every protest, one dollar. For drawing an affidavit, deposition, or other paper, for which provision is not herein named, 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, one dollar, and for each additional signature, twenty-five cents. For administering an oath or affirmation, twenty-five cents. For every certificate, to include writing the same, and the seal, one dollar.

By act of Congress, Sept. 16th, 1850, it is enacted, that in all cases in which, under the laws of the United States, oaths or affirmations, or acknowledgments may now be taken or made before any justice or justices of the peace of any state or territory, such oaths, affirmations, or acknowledgments may be hereafter also taken or made by or before any notary public duly appointed in any state or territory, and, when certified under the hand and official seal of such notary, shall have the same force and effect as if taken or made by or before such justice or justices of the peace. And all laws and parts of laws for punishing perjury, or subornation of perjury, committed in any such oaths or affirmations, when taken or made before any such justice of the peace, shall apply to any such offence committed in any oaths or affirmations which may be taken under this act before a notary public, or commissioner, as hereinafter named; provided always, that on any trial for either of these offences, the seal and the signature of the notary shall not be deemed sufficient in themselves to establish the official character of such notary, but the same shall be shown by other and proper evidence.

JUDICIAL DECISIONS.

When the condition of the bond of a notary public is, that he will "well and truly perform and discharge the duties of a notary public, according to law," held, that the clause embraces every act which he is authorized by law to do in virtue of his office.'

110 Cal. 289.

Where a notary public, in taking and certifying an acknowledgment to a mortgage, neglected to state in his certificate that the party acknowledging the same was known to him, or was identified by the testimony of a witness examined by him for that purpose, held, that such notary was guilty of gross and culpable negligence, and is responsible to the party injured for the damages resulting from such negligence.'

The purpose of a certificate of acknowledgment is, to entitle the deed to be recorded, and to be admitted in evidence, without further proof. Such certificate is utterly worthless for either purpose.'

Such neglect on the part of the notary is not excused by the fact that the certificate (which was a printed one with blanks) had been partially filled by the attorney of the grantee.'

If the notary read the certificate before signing it, the omission must have been known to him; if he did not read it, he is equally guilty of negligence.'

A notary holds himself out to the world as a person competent to perform the business connected with the office. By accepting the office and entering upon the discharge of the duties, he contracts with those who employ him, that he will perform such duty with integrity, diligence and skill.'

A party employing a notary is not obliged to determine upon the validity or legality of his acts.'

When a mortgaged debt has been lost by such negligence of the notary, the measure of damages is the amount of the debt and interest to be secured by the mortgage.'

The governor of this state cannot remove from office a notary duly appointed, before his full term of office has expired.'

Where the law requires a joint and several bond, and the officer filed a bond which was in form joint, and not joint and several, held, that he and his sureties cannot complain that their obligation is less burdensome than the law required. The absence of the statutory requirements does not invalidate the bond."

DEMAND, PROTEST AND NOTICE OF DISHONOR OF COMMERCIAL PAPER.

The presentment and demand of commercial paper having days of grace, must be made within reasonable hours on the last

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day of grace. For the purpose of fixing the liability of endorsers, the note or bill is payable on demand at any time within those hours.1

What are reasonable hours, will depend upon the question, whether or not the bill or note is payable at a bank, or place where, by the established usage of trade, business transactions are limited to certain stated hours.'

If there are such stated hours where the note or bill is payable, the presentment and demand must be made within those hours. But if there are no stated hours, and no place of payment is designated in the note or bill, the presentment and demand may be made either at the place of business or residence of the maker or acceptor.1

If at his place of business, it must be within the usual business hours of the city or town; if at his residence, then within those hours when the maker or acceptor may be presumed to be in a condition to attend to business.'

Notice may be given to the endorser, or other parties entitled to notice, immediately after presentment to the maker or acceptor, and refusal by him to pay, although it is not necessary that notice should be given until the following day.'

After due presentment and demand, the liability of the parties becomes fixed. If, however, the maker of the note chooses after this to seek out the holder, and pay his note, he can do so, and thus save himself from the liability to suit on the following day.'

For the purpose of fixing the liability of an endorser, the note is payable on demand at any time, during reasonable hours, on the last day of grace; but for the purpose of sustaining an action, the holder must wait until the following day, as the maker has the whole day to make payment.'

A notarial certificate of presentment and demand, and of protest for non-payment of a promissory note, taken from the record of the notary, is admissible, and is prima facie evidence of the facts contained therein, in like manner as the original protest.'

It is not necessary that the certificate should state the form of notice given; any notice is sufficient if it inform the party to whom it was given, either in express terms or by necessary im

1 McFarland v. Pico, 8 Cal. 626.

plication, that the note has been duly presented at its maturity, and dishonored.'

There is no necessity for protesting a promissory note; a demand for payment, and upon neglect or refusal to pay, notice to the endorser, are all that is required.

In all cases where notice of non-acceptance or non-payment of a bill or note, or other negotiable instrument, may be given by mail, it will be sufficient if such notice be directed to the city or town where the person sought to be charged resided at the time of making, drawing, or endorsing the same, unless at the time of such making, drawing, or endorsing, he shall specify thereon the post-office to which he may require the notice to be addressed.'

A notice of protest should be sent to the post-office at which the person to whom it is directed is accustomed to get his letters, where his address is not endorsed on the bill or note.

No precise form of words is necessary to constitute a sufficient notice of protest. The identity of the note, and the fact of the demand and non-payment, must be brought home to the party sought to be charged, and the notice may be either oral or written.

The certificate of the notary need not state by whom the ser vice of notice and deposit in the post-office was made.

In order to hold an endorser liable, a demand of payment on bills or notes must be made on the third day of grace. If the third day falls on Sunday, or on any great holiday, demand must be made on Saturday, or the day preceding the holiday. The demand must be made at the place of business of the maker or acceptor, within business hours, or at the place of payment, where it is specified. If the party has absconded, no demand is necessary; and where he has no place of business, it may be made at his dwelling-house. It is competent for any person who has arrived at years of discretion, though not a notary, to make the demand, if authorized by the holder. An endorsed note, payable on demand, must be presented within a reasonable time.

Where a note, not payable at any particular place, is made and endorsed in California, and both the maker and endorser reside in a foreign country, it must be duly presented to the maker, if

1 McFarland v Pico, 8 Cal. 626.

2 Wood's Dig. art. 194.

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