tion, and shall notify each notary, by mailing to each notary, postage prepaid, at his last known postoffice address at least thirty days before the expiration of his term, a notice of the date upon which his commission expires.
Qualification, oath and bond. s. 1, c. 17, Pol. C.
§ 496. Each and every notary public, before he enters on the duties of his office, shall take an oath to support the constitution of the United States and the act organizing this territory, and to faithfully and impartially discharge the duties of his said office, and shall give bond to the people of the territory, to be approved by the clerk of the district court of his county or judicial subdivision, with one or more sureties, in the penal sum of five hundred dollars, conditioned for the faithful discharge of the duties of his said office.
Vacancy-Records to be deposited with clerk of district court. s. 3, c. 17, Pol. C.
§ 497. 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 sum 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.
Protest of bills and notes. s. 5, c. 17, Pol. C.
§ 498. 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 nonpayment, 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.
Services of notice of protest. s. 5, c. 17, Pol. C. s. 1, c. 44, Pol. C.
§ 499. It shall be the duty of every notary public personally to serve notice upon the person or persons protested against, or by properly folding the notice, directing it to the party to be charged, at his place of residence, according to the best information that the person giving the notice can obtain, depositing it in the United States mail or post office most conveniently accessible from the place where the protest was made, and prepaying the postage thereon.
Compensation. s. 2, c. 44, Pol. C.
§ 500. The officer making such protest shall receive the sum of twenty-five cents and postage for each and every notice so made out and served.
Record of notices and copy evidence. s. 6, c. 17, Pol. C.
§ 501. 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 ved, and of the names of all the parties to whom the same were directed, and the description and amount of the instrument protested; which record, or a copy thereof, certified by the notary under seal, shall at all times be competent evidence to prove such notice in any trial before any
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