Page:1862 Territory of Dakota Session Laws.pdf/418

CHAP. LXII.] . 3. Whenever the office of any notary-public shall become vacant, the records of said notary-public, together with all the papers relating to the office, shall be deposited in the office of the clerk of the district court in the county in which the said notary-public resides; and any notary-public who, on his resignation or removal from office, shall neglect to deposit such records and papers in the clerk's office, as aforesaid for the space of three months, shall forfeit and pay a sam not less than fifty dollars, nor more than five hundred dollars; and if any executor or administrator of any deceased notary-public shall neglect to lodge such records and papers as aforesaid, which come into his hands, in the clerk's office, for the space of three months after said records and papers shall come into his possession, he shall forfeit and pay a sum not less than fifty dollars nor more than five hundred dollars; and if any person shall knowingly destroy, deface, or conceal any records or papers of any notary-public, he shall forfeit and pay a sum not less than fifty dollars, nor more than five hundred dollars, and shall be moreover liable to an action by the party injured.

. 4. It shall be the duty of each and every notary-public, when any bill of exchange, promissory note, or other written instrument, shall be by him protested for non-acceptance or non-payment, to give notice in writing thereof to the maker, and each and every indorser of a bill of exchange, and to the maker or makers of, and each and every security or indorser of any promissory note or other written instrument, immediately after such protest shall have been made.

. 5. It shall be the duty of every notary-public personally to serve the notice upon the person or persons protested against; in case the person cannot be found, said notary-public shall serve notice of protest by leaving a copy of the same at the last and usual place of abode of said person or persons: Provided, He or they reside within two miles of the residence of such notary-public; but if such person or persons reside more than two miles from such residence, the said notice may be forwarded by mail or other safe conveyance.

. 6. Each and every notary-public shall keep a record of all such notices, and of the time and manner in which the same shall have been served, and of the names of all the par-