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after prescribed, as a full compensation for interest accrued before notice of dishonor, re-exchange, expenses, and all other damages, in favor of holders for value only, upon bills of exchange drawn or negotiated within this state and protested for non-acceptance or non-payment. [C. L. § 2941.

Cal. Civ. C. 3234.

1654. Id. Rates. Damages are allowed under the last section upon bills drawn upon any person:

1. If drawn upon any person in this state, one dollar upon each one hundred dollars of the principal sum specified in the bill.

2. If drawn upon any person in any of the other states or territories of the United States, two and a half dollars upon each one hundred dollars of the principal sum specified in the bill.

3. If drawn upon any person in any place in a foreign country, five dollars upon each one hundred dollars of the principal sum specified in the bill. § 2942.

Cal. Civ. C. 3235.

[C. L.

1655. Interest in case of protest. From the time of notice of dishonor and demand of payment, lawful interest must be allowed upon the aggregate amount of the principal sum specified in the bill, and the damages mentioned in the preceding section. [C. L. § 2943.

Cal. Civ. C. 3236.

1656. Damages where expressed in U. S. money. If the amount of a protested bill of exchange is expressed in money of the United States, damages are estimated upon such amount, without regard to the rate of exchange. [C. L. § 2944.

Cal. Civ. C. 3237.

1657. Id. Foreign money. If the amount of the protested bill of exchange is expressed in foreign money, damages are estimated upon the value of a similar bill at the time of protest, in the place nearest to the place where the bill was negotiated, and where such bills are currently sold. [C. L. § 2945.

Cal. Civ. C. 3238.

Bee Chapt 83.-1899 Repealed

CHAPTER 9.

PROMISSORY NOTES.

1658. Defined. A promissory note is an instrument, negotiable in form, whereby the signer promises to pay a specified sum of money. [C. L. § 2946.

Cal. Civ. C. 3244.

Negotiable instruments generally, 1553-1611. A note became due August 3, 1884, and interest was to be paid monthly and if not paid the whole should become due; the date of payment of principal was extended to August 3, 1885, and other conditions of the note remained the same; held, that if interest was not paid as provided in note, the whole of said note became immediately due and payable. Kelly v. Kershaw, 5 U. 295; 14 P. 804.

Where a debtor in failing circumstances pays a note not yet due to a bank from money on deposit therein, under threat of attachment proceedings if the note is not paid, such payment is voluntary and not made under duress. Flack v. National Bank of Commerce, 8 U. 193; 30 P. 746.

A warrant of attorney authorizing any attorney to confess judgment against the makers of a promissory note is not recognized by the statutes of Utah, and a judgment entered thereon will be treated as a judgment by confession, and must be treated in strict conformity with the statute. Utah Nat. Bank v. Sears, 13 U. 172; 44 P. 832.

The payment of interest in advance on a note is

prima facie evidence of an agreement to extend
the time of payment for the period for which inter-
est is paid. Walley v. Deseret Nat. Bank, — U. —;
47 P. 147.

Where signers of a promissory note place "president" and "secretary" after their names, having first signed the corporate name, such note will not be regarded as a joint note, unless circumstances unmistakably indicate an intention to sign the note jointly. Armstrong v. Cache Valley Land and Canal Co., U.; 48 P. 690. A corporation cannot recover on a note given to its defaulting manager by defendant, where the evidence shows that it was a personal transaction for the accommodation of such manager, without consideration, and there is no evidence to show that its having been given enabled the manager to defraud the company, or assisted him in so doing. Overruling 5 U. 568. Société des Mines v. Mackintosh, 7 U. 35; 24 P. 669.

A payee may recover from the maker the balance due upon a note prematurely canceled by the payee. Thompson v. Avery, 11 U. 214; 39 P. 829. Decisions on negotiability, 1553; on consideration, 1567; on suretyship, etc., 1568.

chap. 83 — 1899.

Repeated

1659. When bill of exchange deemed note. An instrument in the form of a bill of exchange, but drawn upon and accepted by the drawer himself, is to be deemed a promissory note. [C. L. § 2947.

Cal. Civ. C. ? 3245.

Bills of exchange generally, ?? 1612-1657.

1660. Id. A bill of exchange, if accepted with the consent of the owner by a person other than the drawee, or an acceptor for honor, becomes in effect the promissory note of such person, and all prior parties thereto are exonerated. [C. L. § 2948.

Cal. Civ. C. 3246.

1661. Delay in presentment of sight note. If a promissory note, payable on demand, or at sight, without interest, is not duly presented for payment within six months from its date, the indorsers thereof are exonerated, unless such presentment is excused. Mere delay in presenting a promissory note, payable with interest, at sight or on demand, does not exonerate any party thereto. [C. L. § 2949.

Cal. Civ. C. 3248.

Presentment of negotiable instruments, ?? 1585-1592, 1604–1608.

1662. Chapters applicable to notes. Chapters one to seven, inclusive, of this title shall apply to promissory notes. [C. L. § 2949.

Cal. Civ. C. 3247*.

CHAPTER 10.

CHECKS AND BANK NOTES.

1663. Check defined. A check is a bill of exchange drawn upon a bank or banker, or person described as such upon the face thereof, and payable on demand, without interest. [C. L. § 2950.

Cal. Civ. C. 23254.

Negotiable instruments generally, 22 1553–1611.

1664. Checks subject to rules governing bills. Exceptions. A check is subject to all the provisions of this title, concerning bills of exchange, except that:

1. The drawer and indorsers are exonerated by delay in presentment only to the extent of the injury which they suffer thereby.

2. An indorsee after its apparent maturity, but without actual notice of its dishonor, acquires a title equal to that of an indorsee before such period. [C. L. § 2951.

Cal. Civ. C. 23255.

1665. Bank note negotiable after payment. A bank note remains negotiable even after it has been paid by the maker. [C. L. § 2952.

Cal. Civ. C. 3261.

An order to pay A or bearer five dollars in merchandise, signed by one party and drawn upon another, is not a note within the meaning of the

act of February 8, 1875, although paid out and used for circulation, and is not subject to the tax imposed by that act. Z. C. M. I. v. Hollister, 3 U. 292; 3 P. 87. Affirmed 111 U. S. 92.

TITLE 47.

NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS.

CHAPTER 1.

NOTARIES PUBLIC.

1666. Appointment. Term. The governor may appoint one or more notaries public in each of the counties of this state whose terms of office shall be four years from the date of their commissions. ['96, p. 80.

Fees of notaries public, 984. Fees in full compensation, Con. art. 21, sec. 2.

1667. Oath and bond. Each notary public shall, before entering upon his official duties, take the oath of office and give a bond, with sufficient sureties, to the state of Utah, in the penal sum of five hundred dollars, conditioned that he will faithfully perform the duties of his office. The bond shall be filed with and approved by the secretary of state. [C. L. § 231.

1668. Suit on bond. The commission and oath shall be ed recorded in the office of the secretary of state. The bond may be sued on by any person injured through the unfaithful performance of such notary's duties; provided, that no suit shall be so instituted after three years from the time the cause of such action accrued. [C. L. § 232.

1669. Powers. Within the counties for which they are appointed notaries public are hereby authorized to administer all oaths provided for by law; to acknowledge powers of attorney and all instruments of writing conveying or affecting property in any part of this state, and elsewhere so far as may be lawful; to take affidavits and depositions; to make declarations and protests, and to do all other acts usually done by notaries public in other states and territories. [C. L. § 233.

Take acknowledgment of conveyance of real estate, ? 1985.

1670. Record of protest. Each notary public shall keep a fair record of all notices of protest made by him, the time and manner in which they have been served, and the names of all the parties to whom they were directed, and the description and amount of the instrument protested; which record shall be competent evidence to legally prove such notices, and, when required and the fees are paid, he shall give a certified copy of any official record or paper in his office. [C. L. § 235*.

1671. Seal. Every notary public shall have a seal, with which he shall authenticate all his official acts. Said seal must contain the name of the state, of the county in which the notary public is commissioned to act, and the words "Notary Public" or "Notarial Seal," with the surname, and at least the initials of the Christian name, of the notary public. [C. L. § 237*.

1672. To affix date of expiration of commission. Notaries public in this state shall affix to all acknowledgments taken and certified by them according to law, the date on which their commissions expire. ['92, p. 20.

1673. Unlawful certification. Penalty. Any notary public who shall wilfully affix his signature and seal as notary public to any instrument after the expiration of his commission, shall be guilty of a misdemeanor. ['94, p. 91.

CHAPTER 2.

COMMISSIONERS OF DEEDS.

1674. Appointment. Term. The governor may appoint in each state or territory of the United States except the state of Utah, or in any foreign state, one or more commissioners of deeds, to hold office for the term of four years from and after the date of their commission, but the governor may remove from office any commissioner during the term for which he was appointed. [C. L. § 225*.

Cal. Pol. C. 811.

1675. Powers. Every commissioner of deeds has power, within the state for which he was appointed:

1. To administer and certify oaths.

2.

To take and certify depositions and affidavits.

3. To take and certify the acknowledgment or proof of powers of attorney. mortgages, transfers, grants, deeds, or other instruments for record; provided, that he shall state thereon the date of the expiration of his commission.

66

4. To provide and keep an official seal, upon which must be engraved his name, the words Commissioner of Deeds for the State of Utah," and the name of the state for which he is commissioned.

5. To authenticate with his official seal all of his official acts. [C. L. § 226*.

Cal. Pol. C. 812*.

1676. Effect of acts. All oaths administered, depositions, and affidavits taken, and all acknowledgments and proofs certified by commissioners of deeds; have the same force and effect, to all intents and purposes, as if done and certified in this state by any officer authorized by law to perform such acts. $226.

Cal. Pol. C. 813.

[C. L.

1677. Oath. Before such commissioner can perform any of the duties of his office, he is required to take and subscribe an oath that he will faithfully perform said duties, which oath shall be taken and subscribed before some judge or clerk of a court of record in the state, territory, or foreign country in which the commissioner is to exercise his appointment, and be certified under the hand of the person taking it and the seal of his court. [C. L. § 227.

1678. Filing oath. The official oaths of commissioners of deeds, together with the impressions of their official seals, must be filed in the office of the secretary of state within six months after they are taken. [C. L. § 227*.

Cal. Pol. C. 814.

1679. Fees. The fees of commissioners of deeds are the same as those prescribed for notaries public. [C. L. § 229*.

Cal. Pol. C. 815. Fees of notaries public, 984. Fees of commissioner in full compensation, Con. art. 21, 22.

1680. To be furnished copies of certain laws. The secretary of state must transmit, with the commission to the appointee, a certified copy of this chapter, and of the section prescribing the fees of notaries public.

Cal. Pol. C. 817.

1681. Commissioners for other states. The commissioners of deeds for other states. residing in this state shall file with the secretary of state a certified copy of their commission, together with a statement of their place of residence.

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TITLE 48.

OFFICIAL BONDS.

1682. Run to whom. When the law directs that a public officer shall give a bond without prescribing to whom it shall run, it shall be made, if he is a state officer, to the state; if a county, precinct, or district officer, to the county; if a municipal officer, to the city or town; and if a school officer, to the school district or to the board of education, as the case may be.

Bonds of state officers, see the title of the office. Bonds of county and precinct officers, 551. Bonds of city officers, 216. Bonds of town officers, ? 302, sub. 19. Bonds of school officers, ?? 1782, 1804, 1902. See decisions under sub-head Bonds," ? 2488.

Under sections 344 and 347 of the Compiled Laws of 1876, it is the duty of the assessor and collector to give two official bonds, one to the territory and one to the county. Salt Lake Co. v. Golding, 2 U. 319.

1683. Who secured. The official bond of a public officer, to the state, or to any county, city, town, or other municipal or public corporation, shall be deemed a security to the state, or to such county, city, town, or other municipal or public corporation, as the case may be, and also to all persons severally, for the official delinquencies against which it is intended to provide.

Wash. (1896) 5088.

1684. Who may maintain action on bond. When a public officer by official misconduct or neglect of duty, shall forfeit his official bond or render his sureties therein liable upon such bond, any person injured by such misconduct or neglect, or who is by law entitled to the benefit of the security, may maintain an action at law thereon in his own name against the officer and his sureties to recover the amount to which he may by reason thereof be entitled.

Wash. (1896) 5089.

Sureties on an official bond in an action ex contractu are not liable for the wrongful acts of the

principal not done in the line of his official duty. Clinton v. Nelson, 2 U. 284.

1685. Repeated delinquencies. A judgment in favor of a party for one delinquency does not preclude the same or another party from an action on the same security for another delinquency, except that sureties can be made liable in the aggregate only to the extent of their undertaking.

Iowa, McClain's An. C. (1888) ? 4605.

Defects. The

1686. Bonds cover duties under subsequent law. bonds of all civil officers shall be construed to cover duties required by laws passed subsequent to giving them, and no bond shall be void for failure to comply with the law as to matters of form or substance, but it shall be valid as to all matters contained therein, if it complies substantially with the law. N. Dak. ?356.

TITLE 49.

PARTNERSHIPS, LIMITED.

1687. May be formed, when. Conditions. Limited partnerships for the transaction of any mining, mercantile, mechanical, or manufacturing business within this state, may be formed by two or more persons upon the terms, with the rights and powers, and subject to the conditions and liabilities herein prescribed; but the provisions of this title shall not be construed to authorize any

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