NOTARIES PUBLIC, STATE OF NEW-YORK. CHAPTER 308. An Act to authorise the appointment of Commissioners to take the proof and acknowledgment of Deeds, and other instruments, and to administer oaths in Great Britain and France. Passed April 17th, 1858. SEC. 1. The Governor of this State is hereby authorized to appoint and commission one or more, and not exceeding three commissioners, in cach of the following cities: London, Liverpool and Glasgow in Great Britain, and Paris and Marseilles in France, who shall continue in office for four years, and until a successor shall be appointed, and shall have authority to take the acknowledgment or proof of the execution of any deed or written instrument to be recorded or read in evidence in this State, except bills of exchange, promissory notes, and last wills or testaments; and also to administer an oath or affirmation to any person or persons who may desire to take the same, and to certify the taking of such oath or affirmation; and also to certify the existence of any patent, record or other document, remaining on record in any public office or of ficial custody in Great Britain or France, and the correctness of a copy of any such patent, record or other document. The certificate of any one of such commissioners, under his official seal, and subscribed by him, in regard to the acknowledgment or proof of the execution of any such deed or written instrument, or the taking of such oath or affirmation, or the existence or correctness of a copy of such patent, record or document, when authenticated by the Secretary of State, as hereinafter mentioned, shall have the same effect to authorize the recording or reading in evidence of such deed or written instrument, oath or affidavit, patent, record or document, as is given by law to like certificates made by justices of the Supreme Court of this State, or to any certificate or exemplification by any office of this State of any patent, record or other document. SEC. 2. Before any such deed or other instrument, oath or affidavit, patent, record or document, shall be entitled to be used, recorded or read in evidence, in addition to the preceding requisites, there shall be subjoined or affixed to the certificate, signed and sealed by such commissioner as aforesaid, a certificate under the hand and official seal of the Secretary of State of this State, certifying that such commissioner was, at the time of taking such proof or acknowledgment, or of administering such oath or affirmation, duly authorized to take the same, and that the Secretary is acquainted with the handwriting of such commissioner, or has compared the signature to such certificate with the signature of such commissioner deposited in his office, and has also compared the impression of the seal affixed to such certificate with the impression of the seal of such commissioner deposited in his office, and that he believes the signature and the impression of the seal of the said certificate to be genuine. SEC. 3. Every commissioner appointed by virtue of this act, before performing any duty or exercising any power in virtue of his appointment, shall take and subscribe an oath or affirmation before a person authorized to administer such oath or affirmation by the laws of this State, or before a judge or clerk of one of the courts of record of the kingdom or empire 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 State of New-York; and shall also cause to be prepared an official seal, on which shall be designated his name, and the words "Commissioner of Deeds for the State of New-York," with the name of the city for which he shall be appointed; and shall cause a distinct impression of such seal, taken upon wax or some other substance capable of receiving and retaining a clear impression, together with his signature in his own proper writing, and the oath or affirmation above in this section mentioned, duly certified by the person before whom it may be taken, to be filed in the office of the Secretary of this State. SEC. 4. As often as the term of office of any commissioner appointed by virtue of this act shall expire, or the office shall become vacant by the death, resignation or removal from the city for which he was appointed, of such commissioner, the Governor shall have power to fill the office by new appointment, and the person so appointed shall, upon complying with the provisions of the third section of this act, hold his office by the tenure, and shall possess the powers specified in the first section of this act. SEC. 5. The Secretary of State shall be entitled to demand and receive the sum of twenty-five cents for every certificate given by him in pursuance of the third section of this act. SEC. 6. It shall be the duty of the Secretary of State to forward instructions and forms in accordance with the laws of this State, together with a copy of this act, to each person who shall be appointed a commissioner under and by virtue of this act. SEC. 7. The fees of such commissioner for services under this act shall be as follows: In Great Britain, for administering each oath and certifying the same, and for making each certificate attached to a patent, record or other document, one shilling sterling; in France, one franc and twenty-five centimes. In Great Britain, for taking each acknowledgment or proof of any deed or written instrument to be recorded or read in evidence, four shillings sterling; in France, five francs. SEC. 8. A copy of any patent, record or other document, remaining of record in any public office of any foreign kingdom, State or country, when certified according to the form in use in such kingdom, State or country, and also certified according to the first and second sections of this act, may be read in evidence in any of the courts of this State. SEC. 9. The certificate of any one of said commissioners annexed to a paper purporting to be certified as in the last section provided, shall be presumptive evidence that it has been certified according to the form in use in such kingdom, State or country. CHAPTER 360. An act authorizing Notaries Public of the State of New-York to perform the duties now performed by Commissioners of Deeds. Passed April 15th, 1859. SEC. 1. In addition to their present powers, notaries public of this State are hereby authorized to administer oaths and affirmations, and to take the proof and acknowledgments of deeds, mortgages and any other papers for use or record in this State, in all the cases where the same may now be taken and administered by commissioners of deeds, and under the same rules, regulations and requirements prescribed to commissioners of deeds; and such notaries' acts may be performed without official seal. SEC. 2. This act shall take effect immediately. CHAPTER 485. An Act providing for the appointment of an additional number of Notaries Public in the City and County of New-York. Passed April 19th, 1859. SEC. 1. The Governor is hereby authorized and empowered, and with the advice and consent of the Senate, to appoint, in and for the city and county of New-York, in addition to the number now prescribed by law, one hundred additional notaries public. SEC. 2. This act shall take effect immediately. CHAPTER 508. An Act to define and limit the number of Notaries Public in the several Counties in this State, and confer authority to take affidavits and acknowledgments. Passed May 7th, 1863. SEC. 1. Hereafter no more notaries public shall be appointed in any county in this State, except in the county of Kings, the city of Buffalo and the city and county of New-York, than one for every two thousand of population residing in said county, as shown by the census taken in this State next preceding any appointment hereafter to be made. SEC. 2. Notaries public shall have all the powers now conferred upon them by law, and shall also have power to take affidavits and certify to the same, and to take and certify the acknowledgment and proof of deeds and other instruments in writing in all cases where justices of the peace or commissioners of deeds may now take and certify the same; and all acts of notaries public in making or taking such certificates of the acknowledgment or proof of deeds or other instruments in writing since the passage of the act, chapter three hundred and sixty, of the laws of eighteen hundred and fifty-nine, are hereby confirmed and made valid. SEC. 3. This act shall take effect immediately. COMMISSIONERS OF DEEDS. Commissioners of deeds appointed for any county or city, have power 1. To take the proof and acknowledgment of conveyances of real estate, and the discharge of mortgages. 2. To take the acknowledgment of bail in any action in the Supreme Court, and in the Court of Common Pleas, [County Court,] of the county for which they are appointed, or in the Mayor's Court of the city for which they are appointed; and in the city and county of New-York, any action in the Superior Court of law therein. in 3. To take the acknowledgment of satisfaction of judgments, in the Court of Common Pleas, [County Court,] of the county for which they are appointed, or in the Mayor's Court of the city for which they are appointed, or in the Supreme Court; and to perform such other duties as are or may be enjoined by law. P. 470, sec. 31. Whenever any oath or affidavit is or may be required or authorized by law, in any cause, matter or proceeding, (except oaths to jurors and witnesses in the trial of a cause, oaths of office, and such other oaths as are required by law to be taken before particular officers,) the same may be taken before any judge of any court of record, any [justice of the peace in towns,] commissioner of deeds or clerk of any court of record; and when certified by any such officer to have been taken before him, may be read and used in any court of law or equity, of record or not of record, within this State, and before any officer, judicial, executive or administrative, before whom any such cause, matter or proceeding may be pending; and affidavits, to be read in the Supreme Court, may also be taken by any commissioner appointed for that purpose by the justices of the said court. P. 471, sec. 38. The docket of a judgment rendered in any court of record may be cancelled and discharged by the clerk thereof, upon filing with him an acknowledgment of satisfaction, signed by the party in whose favor such judgment was obtained, or by his executors or administrators, duly authenticated as hereinafter directed. P. 609, sec. 20. SEC. 21. Such acknowledgment shall be made before the clerk, or some judge of the court in which the judgment was rendered, or before some judge of the county courts, or commissioner of deeds, who shall certify that the party making the same was known, or was made known, to such officer, by competent proof. SEC. 22. Such acknowledgment may also be made by the attorney on record of the party in whose favor the same was rendered, within two years after the filing of the record of such judgment, in the same manner and with the like effect as if made by such party himself; but such satisfaction shall not be conclusive against the party in whose favor the judgment was rendered, in respect to any person to whom actual notice of the revocation of the authority of such attorney shall have been given, before any payment on such judgment shall have been made, or before any purchase of property bound by such judgment shall have been effected. THE LAW OF BILLS OF EXCHANGE AND PROMISSORY NOTES. Decisions of the Courts of the various States in 1860, 1861 and 1862, in relation to Bills of Exchange and Promissory Notes, with the decisions of the Supreme Court of the United States and of the English Courts. 1. ALABAMA, V. GEORGIA, IX. KENTUCKY, XI. MAINE, XII. MARYLAND, XV. MISSISSIPPI, XX. PENNSYLVANIA, I. ALABAMA. XXI. SOUTH CAROLINA, XXV. VIRGINIA, 1. Judgment, upon default, for the amount, with interest and damages, may be rendered upon a bill duly protested, without a jury. MCKENZIE vs. CLANTON, 33 Alabama Reports, 328. 2. The payee and endorser is not relieved from payment of damages by the mere fact that the bill was addressed to and accepted by him. Ibid. 3. The plaintiff, suing on a note, need not prove his ownership, unless it be denied under oath. NESBITT vs. PEARSON, 33 Alabama Reports, 668. 4. Where there is a condition in a note that it may be discharged in specific articles within a certain time, the time is of the essence of the contract, and after its expiration it becomes an absolute contract for the payment of money. Ibid. 5. A signature to a note, "A. B., Secretary of M. Co.," prima facie binds A. B. DRAKE US. FLEWELLEN, 33 Alabama Reports, 106. 6. A letter containing this, "I am desirous that you should bring suit on M.'s note, on which I am surety, and would prefer that you enter suit in this county early in August, so that the principal would not have the same time to dodge," is not such a notice as will, under the Code, section 2647, discharge the surety, if the creditor neglect to sue. SAVAGE US. CARLETON, 33 Alabama Reports, 443. 7. An endorsee, who, after execution and return of no property against the maker, pays the note upon judgment against himself, and takes it up, |