No. 15.

Act of Honor, on Acceptance supra Protest by the Drawees, for Part of the Amount for the Honor of the Drawer, and for the Residue for the Honor of an Indorser.

in

1, R. B., Notary Public, duly admitted and sworn, residing in the county of State of one of the United States of North America, do hereby certify, that the original bill of exchange for five hundred dollars, of which a copy is above [or on the other side] written, (now protested for non-acceptance,) was this day exhibited unto C. D., one of the firm of C. D. and Company, upon whom the same is drawn, who declared [or declared before me] that the said firm would accept the said bill supra protest, for the honor of E. F., the drawer, for part thereof, namely, for the sum of three hundred dollars; and also that the said firm would further accept the said bill supra protest, for the honor of G. H., the first indorser thereof, for the sum of two hundred dollars, the residue of the amount thereof; holding the said drawer, and all other proper persons, responsible to the said C. D. and Company, for the said sum of three hundred dollars, and also for all interest, damages, and expenses; and also holding the said first indorser, and the said drawer, and all other proper persons, responsible to the said C. D. and Company, for the said sum of two hundred dollars, and for all interest, damages, and expenses; I have, therefore, granted this notarial act of honor accordingly.

(Seal.)

No. 16.

Which I attest, R. B., Notary Publu.

Act of Honor, on Acceptance supra Protest by a Person merely as an Agent on Behalf of a Firm, for a Part of the Amount, and by the same Person in his individual Capacity for the Balance.

day of

one thousand eight hundred and

On the I, R. B., Notary Public, duly admitted and sworn, residing and practising in --, in the county of State of and one of the United States of North America, do hereby certify, that the original bill of exchange for one thousand two hundred dollars, of which a copy is on the other side written, (now protested for non-acceptance,) was this day exhibited to Mr. R. W., the agent of the firm of G. G. and S., who declared that he would, as such agent, for and on behalf of the said firm, accept the said bill supra protest for eight hundred dollars, part of the amount of the said bill, for the honor of W. M. L., the drawer, and that he would accept the same supra protest individually for four hundred dollars, the balance of the said bill, for the honor of the drawer; holding the drawer, and all other proper persons, responsible to the said firm, and to him the said R. W. individually, in the aforesaid proportions, for the said sum, and for all interest, damages, and expenses; I have, there fore, granted this notarial act of honor accordingly.

(Seal.)

Which I attest,

R. B., Notary Public

No. 17.- Act of Honor on Payment supra Protest, by a Firm of Third Persons, for the Honor of the Drawers and Indorsers.

On the

day of

one thousand eight hundred and I, R. B., Notary Public, duly admitted and sworn, dwelling in in the county of State of one of the United State's of North America, do hereby certify, that the original bill of exchange for five hundred dollars, of which a copy is above [or on the other side] written, (now protested for non-payment,) was this day exhibited unto C. D. of Liverpool, one of the firm of C. D. and Company, who declared [or declared before me] that the said firm would pay the amount of the said bill supra protest, for the honor of E. F. and Company, the drawers, and of G. H. and Company, the indorsers; holding the drawers and the said indorsers, and all other proper persons, responsible to them, the said C. D. and Company, for the said sum, and for all interest, damages, and expenses. I have, therefore, granted this notarial act of honor accordingly.

(Seal.

No. 18.

Which I attest, R. B., Notary Public.

Act of Honor on Payment supra Protest of Part of the Amount, by the Drawee through the Medium of an Agent, for the Honor of the Drawer.

On the

day of

one thousand eight hundred and

I, R. B., Notary Public, duly admitted and sworn, dwelling in

State of

in

the county of one of the United States of North America, do hereby certify, that the original bill of exchange for five hundred dollars, of which a copy is above [or on the other side] written, (now protested for non-payment,) was this day exhibited [or exhibited by me at the counting-house of the firm of C. D. and Company, upon whom the same is drawn, who have declared [or, who have declared through their agent or clerk on their behalf] that the said firm would pay the sum of three hundred dollars, part of the amount of the said bill supra protest, for the honor of E. F., the drawer; holding the drawer and all other proper persons responsible to the said firm of C. D, and Company, for the last-mentioned sum, and for all interest, damages, and expenses; I have, therefore, granted this notarial act of honor accordingly.

(Seal.)

No. 19.

Which I attest, R. B., Notary Public.

Act of Honor on Payment supra Protest, by a Firm of Third Persons, of the Balance of a Bill (after Payment of a Part by the Drawee) for he Honor of the Drawer.

On the -day of

one thousand eight hundred and

one of the United States of North

I, R. B., Notary Public, duly admitted and sworn, dwelling in the county of

State of

America, do hereby certify, that the original bill of exchange for five hundred dollars, of which a copy is above [or on the other side] written, now protested for non-payment, (the sum of three hundred dollars, part of the said bill, appearing to have been paid, by the drawee supra protest, for the honor of the drawer,) was this day exhibited [or exhibited by me] at the counting-house of the firm of C. D. and Company, and C. D., one of the said firm, declared that the said firm would pay the sum of two hundred dollars, the balance of the said bill supra protest, for the honor of E. F., the drawer thereof; holding the drawer, and all other proper persons, responsible to the said firm of C. D. and Company for the last-mentioned sum, and for all interest, damages, and expenses; I have, therefore, granted this notarial act of honor accordingly.

(Seal.)

Which I attest, R. B., Notary Public.

**The above forms are taken from R. Brooke's Treatise on the Office of a Notary of England.

Form of Protest used in the State of New York. United States of America, State of New York, ss.

day of

Be it known, that on the one thousand eight hundred and fifty of Buffalo, I,

of

for

in the year of our Lord at the request of

at the

a Notary Public, duly admitted and sworn, dwelling in the city of Buffalo, County of Erie, and State aforesaid, presented the annexed dollars, and demanded payment thereof, which was refused. Whereupon, I, the said Notary, at the request aforesaid, did protest, and by these presents do solemnly protest, as well against the maker and indorser of the said as against all others whom it doth or may concern, for exchange, reëxchange, and all costs, charges, damages, and interests already incurred and to be incurred by reason of the non-payment of the said And I, the said Notary, do hereby certify, that on the same day and year above written, I deposited in the post-office, in said city of Buffalo, notice of the foregoing protest, partly written and partly printed, signed by me and folded in the form of letters, as follows, viz.:

Each of the above-named places being the reputed place of residence of the persons to whom the said notice was directed respectively; and the nearest post-office thereto; and I further certify, that on the day and year last aforesaid, I served notice of the foregoing protest signed by me, partly written and partly printed, as follows, to wit:

In witness whereof, I have hereunto subscribed my name and affixed my seal of office in presence of John Doe and Richard Roe, witnesses. In Testimonium Veritatis.

-, Notary Public

CHAPTER XII.

STATUTE LAWS REGARDING BILLS OF EXCHANGE, PROMISSORY NOTES AND NOTARIES PUBLIC.

MASSACHUSETts.

Bills and Noles. *

THE damages provided by statute, to be recovered on bills protested, have been stated in Chapter IX.

Revised Statutes, ch. 33. Days of Grace to be allowed.

§ 5. In all bills of exchange, payable at sight or at a future day certain, within this State, and on all promissory negotiable notes, orders, and drafts, payable at a future day certain, within this State, in which there is not an express stipulation to the contrary, grace shall be allowed, except as provided in the following section, in like manner as it is allowed, by the custom of merchants, on foreign bills of exchange payable at the expiration of a certain period after date or sight.

6. (Not when payable on Demand.)—The provisions of the preceding section shall not extend to any bill of exchange, note, or draft payable on demand.

Supplement to Rev. Stat., 1839, ch. 121. An Act concerning Notes payable on Demand.

§ 1. In any action brought upon a promissory note payable on demand, made after this act shall go into operation, by an indorser against the promisor, any matter shall be deemed a legal defence, and may be given in evidence accordingly, which would be a legal defence to a suit on the same note, if brought by the promisee.

$ 2. (When Demand must be made, and Notice given, in Order to charge an Indorser.) On any promissory note payable on demand, made after this act shall go into operation, a demand made at the expiration of sixty days from the date thereof, without grace, or at any time within that term, shall be deemed to be made within a reasonable time; and any act, neglect, or other thing which by the rules of law or the custom of merchants is deemed equivalent to a presentment and demand, on a note payable at a fixed time, or which would dispense with such presentment and demand, if it shall occur at or within the said term of sixty days, shall be deemed to be a dishonor thereof, and shall authorize the holder of such note to give notice of the dishonor thereof to the indorser, as upon a presentment to the promisor, and his neglect or refusal to pay the same. And no presentment of such note to the promisor, and "demand of payment thereof, shall be deemed to be made within a reasonable time, so as to charge the indorser thereof, unless made on or before the last day of said term of sixty days.

3. (Indorser liable after Notice.)-Upon all promissory notes pay. able on demand, made after this act shall go into operation, the several

indorsers thereof shall be liable, upon due and reasonable notice, given according to the rules of law and the customs of merchants, of the dishonor of such notes, in the same manner and to the same effect as upon the dishonor of promissory notes payable at a fixed time, and not otherwise.

It has been held by the Supreme Court, that if a note on demand is indorsed after sixty days from its date, a demand on the maker is within a reasonable time, if made not later than at the expiration of sixty days from the time of the indorsement of the note. (Rice v. Wesson, 11 Met. 400.)

And further, to charge an indorser of a note payable on demand, the indorsee must give him notice of non-payment upon the first demand on the maker, although such demand was made at an earlier day than was necessary in order to render the indorser liable on his indorsement, and although the indorsee gives the indorser notice of non-payment upon a second demand on the maker, which would have been in season to charge the indorser if no previous demand had been made. (Ibid.)

Notaries Public.

According to the fourth article of Amendment of the Constitution, Notaries Public shall be appointed by the Governor, in the same manner as judicial officers are appointed, and shall hold their offices during seven years, unless sooner removed by the Governor, with the consent of the Council, upon the address of both houses of the Legislature.

Chapter 13 of the Revised Statutes provides :

$47. On the death, resignation, or removal from office of any notary public, his records, together with all his official papers, shall be depos ited in the office of the clerk of the Court of Common Pleas for the same county in which the said notary public resided.

48. If any notary public, on his resignation or removal from office, shall, for the space of three months, neglect to deposit his records and official papers in the clerk's office, he shall forfeit a sum not exceeding five hundred dollars.

49. If the executor or administrator of any deceased notary public shall, for the space of three months after his acceptance of such appointment, neglect to deposit in the clerk's office the records and official papers of such deceased notary, which shall come into his hands, he shall forfeit a sum not exceeding five hundred dollars.

$50. If any person shall knowingly destroy, deface, or conceal any records or official papers of any notary public, he shall forfeit a sum not exceeding one thousand dollars, and shall moreover be liable in damages to any party injured.

51. The several clerks of the Court of Common Pleas shall receive and safely keep all the records and official papers of any notary public,, which are, in this chapter, directed to be deposited in the offices of said clerks.

52. Said clerks shall make and certify copies of any records and official papers of any notary public deposited with them; for which copies they shall be paid the same fees that such notary public would