a. A notary public is a public officer. State ex rel. Summerfield v. Clarke, 18 L.R.A. 313, 21 Nev. 333, 31 Pac. 545. b. A notary public is an executive officer and not a court in the sense in which the term is used in the Constitution. Re Huron, 36 L.R.A. 822, 58 Kan. 152, 48 Pac. 574. c. A notary public is in no sense a county officer but he may act in any part of the state and his official acts are not confined to the county where he resides. Sullivan v. Hall, 13 L.R.A. 556, 86 Mich. 7, 48 N. W. 646. d. A notary public is a public officer over whose acts as such a bank has no control. First Nat. Bank v. German Bank, 44 L.R.A. 133, 107 Iowa, 543, 78 N. W. 195. e. A notary public is an officer within the meaning of a statute providing that only persons possessed of certain qualifications shall be appointed or elected to office. State ex rel. Monnett v. Adams, 41 L.R.A. 727, 58 Ohio St. 612, 51 N. E. 135. f. The position of notary public is an office within the meaning of a constitutional provision limiting eligibility to office to voters. State ex rel. 3ickett v. Knight, L.R.A.1915F, 898, 169 N. C. 333, 85 S. E. 418. g. The office of notary public is a civil .BANKS, § 170. BILLS AND NOTES, § 112 g. BILLS AND NOTES, § 141 a. see CONSTITUTIONAL LAW, § 102 a CONTEMPT, § 56. ... DEPOSITIONS, § 3 b. ... EVIDENCE, § 597 a. ..LIBEL AND SLANDER, § 54 b. . OATH, § 1 b. OATH, § 2 a, b. office of profit which cannot be held by a person holding the office of receiver of the United States Land Office under Nev. Const. art. 4, § 9, providing that no person holding any lucrative office under the United States shall be eligible to any civil office of profit in the state. State ex rel. Summerfield v. Clarke, 18 L.R.A. 313, 21 Nev. 333, 31 Pac 545. § 2. Eligibility of woman. a. The office of notary public is public and governmental, and cannot, at common law, be held by a woman. Re Opinion of Justices, 5 L.R.A. (N.S.) 415, 73 N. H. 621, 62 Atl. 969. (Annotated) b. Women cannot be appointed notaries public by the governor by and with the advice and consent of the council, under the clause of the Massachusetts Constitution providing for the appointment of notaries, in the absence of any statute authorizing Women as Notaries such appointment. Public, 6 L.R.A. 842, 150 Mass. 586, 23 N. E. 850. c. The legislature cannot make women eligible to the office of notary public under are not voters, the Constitution, women and none but voters can hold office, by declaring that it shall be a place of trust and profits, and not an office, although it is not State ex mentioned in the Constitution. rel. Bickett v. Knight, L.R.A.1915F, 898, Justices, L.R.A.1917D, 286, 78 N. H. 621, 169 N. C. 333, 85 S. E. 418. (Annotated) 99 Atl. 999. d. The appointment of women to be nota-§ 3. Liability. of dishonor of note, see BONDS, § 74 a. ries public cannot be authorized by the Liability on bond for failure to give notice legislature under article 4 of the amendments to the Massachusetts Constitution, providing that they shall be appointed by a. A notary public is responsible, if the governor "in the same manner as guilty of malfeasance in performance of an judicial officers are appointed." Re Opin-official act, and not the bank which emion of the Justices, 32 L.R.A. 350, 165 Mass. ploys him. First Nat. Bank v. German 599, 43 N. E. 927. Bank, 44 L.R.A. 133, 107 Iowa, 543, 78 N. W. 195. e. A woman is not eligible to the office of notary public, in the absence of any constitutional or statutory provisions upon the subject. State ex rel. Peters v. Davidson, 20 L.R.A. 311, 92 Tenn. 531, 22 S. W. 203. f. A woman is ineligible to the office of notary public under Ohio Const. art. 15, § 4, requiring an officer to be an elector, and art. 5, § 1, requiring an elector to be a male citizen. State ex rel. Monnett v. Adams, 41 L.R.A. 727, 58 Ohio St. 612, 51 N. E. 135. b. Although a notary public or other person who knowingly co-operates in the manufacture and inscription in the conveyance office of fictitious and fraudulent titles to real estate, without the knowledge or consent of the owner, may be held liable in damages to such owner, yet where a person appearing before a notary is identi fied by another person, known to the notary, and who he has no reason to suspect of wrongdoing, the fact that the notary in good faith receives the acknowledgment of g. The legislature may, where the Constitution empowers it to provide for the nam-the person so appearing to an act or con ing of all civil officers except those provided for by the Constitution, authorize the appointment of women as notaries public where that office is not provided by the Constitution, although at common law women could not fill it. Re Opinion of the veyance or other instrument does not sub- NOTES. See BILLS AND NOTES; WORDS AND PHRASES, 2582. NOT GUILTY. See WORDS AND PHRASES, 2578. NOTICE. I. In general. cos coscos cascoscoso 1. Generally. 2. Constructive notice generally. 3. Means of knowledge. 4. Facts putting on inquiry. 5. as to fraud. 6. Notice of one transaction as notice of subsequent similar transactions. 7. From deed. 8. Of statute or public law. 9. Of custom. § 10. Of reputation of employee. § 11. Of danger. § 12. Of nuisance. § 13. Of trust. § 14. Of defect of title. 15. Of railroad company to employee of express company. § 16. Of corporate by-laws or business. I.-continued. § 17. To bank. § 18. Miscellaneous. II. Imputed. a. By knowledge of agent or representative. § 19. Generally. 20. Of agent generally. § 21. when knowledge acquired; scope of agency or authority. present remembrance. adverse interest of agent or other person for whom he acts. collusion, fraud, or wrong of agent generally. fraud, etc., of agent of depositor in bank. miscellaneous instances. Of one of two or more joint agents. Of officer or agent of corporation generally. 33. Of § 34. 35. § 36. § 37. § 38. § 39. time of acquiring; scope of authority or agency. collusion, fraud, wrong, or adverse interest of agent. officer or agent of bank or trust company. scope of authority or agency; time of acquiring notice. Of officer or agent of insurance company or benefit society. as to vicious propensities, defective condition, danger, As prerequisite to determination of validity of lien on membership in chamber of commerce, see CHAMBER OF COMMERCE, § 1 d. From filing or recording of chattel mortgage, see ....CHATTEL MORTGAGE, §§ 33, 34. As affecting priority of chattel mortgage, see .... Conflict of laws as to limitation of time for, see Necessity and sufficiency of, to constitute due process, see Service of, by mail, see .CHATTEL MORTGAGE, § 59. ...CONFLICT OF Laws, § 161 c. .CONSTITUTIONAL LAW, XI. f, 3. ...CONSTITUTIONAL LAW, § 668 d, e; CONTRACTS, § 105; POSTOFFICE, § 14; SERVICE, §§ 2, 3; WRIT AND PROCESS, § 24. CONTEMPT, & 16 b. .....CONTRACTS, § 21 f, g. Knowledge as element in contempt, see .CONTRACTS, § 405 h. . CONTRACTS, § 482 a, b. ...CONTRACTS, § 520 a. . CORPORATIONS, § 301 a. .COUNTIES, § 22 b. . Courts, § 200 c. . COVENANTS AND CONDITIONS, DAMAGES, 145 a. EQUITY, § 63. .ESTOPPEL, § 110 g. EVIDENCE, § 166 s. EVIDENCE, §§ 179–194. ·EVIDENCE, § 381 b. .. EVIDENCE, § 389. .... EVIDENCE, § 1701 c. FORCIBLE ENTRY AND DETAIN- FRAUD AND DECEIT, VI. GUARDIAN AND WARD, § 10 f. HIGHWAYS, § 50 k. HIGHWAYS, § 134 z. .HUSBAND AND WIFE, § 89. ..INDIANS, § 9 e. |