Page:1887 Compiled Laws of Dakota Territory.pdf/157

 Must have seal. s. 2, c. 16, Pol. C.

§ 490. Each commissioner so appointed as herein provided shall have an official seal, on which shall be engraved the words, "commissioner of Dakota terrritory," with his surname at length, and at least the initials of his christian name; also the name of the state or territory in which he has been commissioned to act, which seal must be so engraved as to make a clear impression on wax or wafer.

Acknowledgments valid. s. 3, c. 16, Pol. C.

§ 491. All acknowledgments and proofs as herein provided, taken according to the laws of this territory, and certified to by such commissioner under his seal of office, and annexed to or indorsed on such instrument, shall have the same power and effect as if the same had been made before any officer authorized to perform such acts in this territory.

May administer oaths and take depositions. s. 4, c. 16, Pol. C.

§ 492. Every commissioner appointed as before mentioned shall have power to administer an oath which may be lawfully required in this territory, to any person willing to take the same, and to take and duly certify all depositions to be used in any of the courts of this territory, in conformity to the laws thereof, either on interrogatories proposed under a commission from any court of this territory, or by consent of parties, or on legal notice given to the opposite party; and all such acts shall be as valid as if done and certified according to law by a proper officer in this territory.

Qualification, oath and seal. s. 5, c. 16, Pol. C.

§ 493. Every such commissioner, before performing any duty or exercising any power by virtue of his appointment, must take and subscribe an oath or affirmation before a judge or clerk of some court of record having a seal of the state or territory in which such commissioner shall reside, well and faithfully to execute and perform all the duties of such commissioner, under and by virtue of the laws of the territory of Dakota, with a description and impression of his seal of office, to be filed in the office of the secretary of this territory.

ARTICLE 10.-Notaries Public.

Section.

494. Notaries public, how appointed-Powers.

495. Secretary to issue commission-Duplicate to be posted.

496. Qualification, oath and bond.

497. Vacancy-Records deposited with clerk of district court.

498. Protest of bills and notes.

499. Service of notice of protest.

500. Compensation.

Section.

501. Record of notices-Copy evidence.

502. Clerks of court to receive and keep records.

503. Notarial seal, impression of same.

504. Notary to file commission with clerk of court.

505. Duty of notary changing residence.

505. Revocation to be sent to clerk.

507. Notarial acts have full credit.

508. Penalty for exercising duties after expiration of office.

Notaries public, how appointed-Power. s. 1, c. 45, 1879.

§ 494. The governor shall appoint in each of the organized counties in this territory, from among the eligible citizens thereof, one or more notaries public, who shall hold their office for four years, unless sooner removed by the governor, each of whom shall have power and authority anywhere in the territory to ad- minister oaths and perform all other duties required of them by law.

Secretary to issue commission-Duplicate to be posted-Fee. s. 2, c. 116, 1887.

§ 495. The secretary shall issue a commission to each notary public appointed by the governor, and duplicate, one of which shall by said notary public be posted in a conspicuous place in his office for public inspection; and the secretary shall be entitled to receive and charge a fee therefor of five dollars, three-fifths of which shall be paid to the territorial auditor for the use of the executive in the employment of such clerical assistance as he may deem necessary. The secretary shall keep in his office a careful record of such appointments and the date of their expira-