A Treatise on the Law Relating to the Office and Duties of Notaries Public Throughout the United States: With Forms of Affadavits, Acknowledgments, Conveyances, Depositions, Protests, and Legal Instruments

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Sumner Whitney, 1877 - 360 σελίδες
 

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Notaries in France
14
CHAPTER m
16
In Louisiana
18
May act as justice of the peace in some States 20 May take depositions 21 The power to take affidavits
19
Jurisdiction
20
Powers under Federal laws 24 Under the bankrupt
22
Duty as to keeping records
23
Requirements as to seal CHAPTER IV
28
Essential of certificate 32 Identity of the party
29
Identity how proved 34 As to the officer taking the acknowledgment
31
Where the officer is a party in interest 36 A deputy can take the acknowledgment
33
Place where acknowledgment is made 38 The necessity of a seal
35
Certificate of probate of deeds
37
ACKNOWLEDGMBNTS BY MARRIED WOMEN 40 Theory of the law in respect to 41 Requisites of the certificates
38
As to the exact compliance with these requirements 43 A private examination
40
The wife must be made acquainted with contents
41
The certificate must state a voluntary free
42
That she does not wish to retract her
44
Effect of the certificate against the wife
45
Liability of notary for invalid acknowledgment
46
Statutory provisions in reference to acknowledgments
49
CHAPTER V
62
Definition of affidavit
63
The venue 53 Signature by affiant
64
Oath and jurat 65 Officer qualified to take
65
As to the use of a seal
67
Notaries generally take depositions 68 As to the caption
68
Mistakes in names of parties in caption
69
Should state at whose request deposition taken 6l The certificate generally 62 Immaterial omissions in the certificate
71
As to swearing the witness
72
ill The identity of the witness 65 Writing out the deposition
73
The manner of writing out 67 language of the deposition
74
Presence of parties
75
Place whero taken 70 Powers of notaries in taking depositions
76
Adjournment
78
The deposition should bo subscribed 73 Certification of official character of officer
80
Certain States require a certification
81
Return of the deposition
82
CHAPTER DUTIES RELATIVE TO NEGOTIABLE PAPER 76 Importance of duties in this respect L PRESENTMENT FOB ACCEPTMKXT
84
What should be presented for acceptance
87
By and of whom presentment inaile
88
TO Place of presentment 80 Mode of presentment 81 Time within which presentment made
90
Excuses for delay in presentment
91
As regards the time of day 84 Delay by agent more strictly regarded
92
Acceptance how given
93
Statutory provisions regarding mode
95
Time given drawee for acceptance us A partial or conditional acceptance
96
Acceptance supra protest
97
By whom demand of payment made
98
Demand by notary or clerk 93 To whom presentment for payment made J 93 In case acceptor or maker be dead
99
When the acceptor or maker cannot be found
101
Time of making presentment for payment
102
As to the time of day for demand of payment
103
Contents and particulars of protest 111 Date of protest 112 As to the place of presentment
115
A presentment and demand must appear 114 Other facts appearing by the certificate
116
When protest unnecessary
117
NOTICE OF PROTEST 116 Who must have notice 117 Manner of giving notice
118
Form of the notice 119 As to the description of the instrument
119
The fact of dishonor 121 As to notice of demand for payment from party
121
The party who gives notice
123
Notice by an agent
124
The proper person to receive notice
125
Notice when the parties reside in the same place
126
Who may be regarded as living in the same place
127
When notice is personally served
128
Noticeparties residing in different places 129 When parties reside temporarily in a place
129
The place where notice should be sent
130
Time within which notice should bo given
131
What hour next day is reasonable 133 When holidays intervene
133
A holder has a day to give notice to predecessor 135 Liability of notary
134
CHAPTER VIII
136
A certificate of protest under the common
139
Statutory provisions in regard to certificate
140
What facts the certificate is evidence of 141 Character of certificate aa evidenc 142 Rebutting the certificate
142
Notarial certificate when made out of the State
143
Sufficiency of notarial certificate
144
Sufficiency as to residence
145
As to the manner of giving notice
149
When notice is sent by mail 148 The certificate must show notice of dishonor
150
Need not state at whose request notice was given 150 Date of certificate 151 Certificate should be under notarial seal
151
Presumptions in favor of certificate 153 Parol evidence affecting certificate
153
Records of a deceased notary as evidence CERTIFICATES OF ACKNOWLEDGMENT 155 Character of evidence
154
When certificate may be impeached
155
Can be impeached by fraud or collusion
157
CHAPTER IX
158
Qualifications 160 Number appointed 161 Period for which appointed
159
Powers
160
Conditions to be complied with before exercising duties 164 Fee paid for commission
161
Requirements as to seal
162
Authentication of acts
163
Fees
164
Appointments published
165
FORMS Acknowledgments
169
BUI of Sale Nos 188189
188
Bond 201
201
Affidavits
205
Depositions
215
Protest and Notice
264
Deeds
279
Mortgages Assignment of Mortgage
288
Satisfaction of Mortgage
291
Chattel Mortgage Nos 1 95
292
Notarys Bond 217
321
Index
339
111146 147159 160169 170175 176178 179182 184186
349
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Δημοφιλή αποσπάσματα

Σελίδα 278 - ... together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof.
Σελίδα 279 - York of the second part witnesseth that the said party of the first part for and in consideration of the sum of two hundred and seventy seven dollars money of account of the United States to him in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged...
Σελίδα 274 - In Witness Whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written.
Σελίδα 214 - The applicant shall make oath that he verily believes himself to be the original and first inventor or discoverer of the art, machine, manufacture, composition, or improvement for which he solicits a patent ; that he does not know and does not believe that the same was ever before known or used, and shall state of what country he is a citizen and where he resides.
Σελίδα 279 - ... the said party of the second part (his) heirs and assigns forever. In witness whereof, the said party of^the first part has hereunto set his hand and seal the *day and year first above written.
Σελίδα 275 - Witnesseth that the said party of the first part for and in consideration of the sum of Three Thousand Dollars, lawful money of the United States of America to him in hand paid by the said party of the second part...
Σελίδα 276 - Witnesseth: That the said party of the first part for and in consideration of the sum of five hundred dollars ($500.00), lawful money of the United States of America, to them in hand paid by the said party of the second part...
Σελίδα 281 - ... to have and to hold the above granted, bargained, and described premises, with the appurtenances, unto the said party of the second part, his heirs and assigns...
Σελίδα 213 - States, or given aid and comfort to its enemies, and that such application is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not, either directly or indirectly, for the use or benefit of any other person or persons whomsoever...
Σελίδα 280 - ... and also all the estate, right, title, interest, property, possession, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in and to the same, and every part and parcel thereof...

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