Page:Federal Reporter, 1st Series, Volume 9.djvu/93

7s tedebjlh bkpobteb. �United States v. Bixby.* {District Court, D. Indiana. November 3, 1881.) �1. MnSOHB— NOTABT PuBLIC. �There is nothing in the constitution or statutes of the state of Indiana mak- ing minors ineligible to the office of notary ; such office is not a county office ■withiu the meaning of the constitution, wherein it provides that none but elect- ors shall hold county offices. �2. Samb— Offices. �At common law minors are eligible to ofiBces which are ministerial in their character, and call for the exercise of skill and diligence only, and they are not eligible to offices which concern the administration of justice. The office of notary is purely ministerial. �Indictment for Perjury. Plea that the notary who administered the oath was a minor. Demurrer to the plea. �Chas, L. Holstein, U. S. Atty., and Chas. H. McCarer, AsBt., for the United States. �McDonald e Butler ana Gordon, Lamb de Sheppard, for defendant. �Geesham, D. J. The indictment charges that the defendant com- mitted perjury in swearing to the truth of a quarterly report as assignee in bankruptcy, before Auretus W. Hatch, a notary public. The defendant pleads specially that at the time the alleged oath was administered to him by the said A. W. Hatch, as notary public, the latter was a citizen of Marion county, Indiana, and a minor, under 21 years of age. A demurrer to this plea presents the following ques- tions, viz. : �(1) Are minors ineligible to the oflSce of notary public under the constitu- tion or statutes of the state of Indiana? (2) I£ not, are they ineligible at common law? �Article 6, § 2, of the constitution, declares that there shall be elected in each county, by the voters thereof, a clerk of the circuit court, auditor, recorder, treasurer, sheriff, coroner, and surveyor. �Section 3 declares that such other county and township officers as may be necessary shall be elected or appointed in such manner as may be prescribed by law. Section e declares that no person shall be elected or appointed ^s a county oEBcer who shall not be an elector of the county. Article 2, § 2, declares that only maies, 21 years of age, are electors. �The first section of the act providing for the appointment of nota- ries public, and defining their powers and duties, (1 Ind. Eev. St. 634,) provides that such officers shall be appointed and commissioned by �*Eeported by Chiis. L. Holstein, United States Attorney. ��� �