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To E. C. Rich, in full for furniture furnished Capitol, one hundred and fifteen dollars.

To H. E. Baker & Co., in full for hardware, stoves, &c., furnished House and Senate up to date, one hundred and fifty-six dollars and seventy-three cents.

Furniture

Stoves &e

To S. S. Gale & Co., in full for candles furnished Capitol, Candles the sum of fourteen dollars.

ing

For unpaid balance due W .A. Hotchkiss, or assignees, for printing Journals and Session Laws of the Sixth Session of Territorial print of the Territorial Legislature, and preparing indexes, &c., four thousand seven hundred and four dollars and three cents, to be paid out of the Legislative fund for the year 1859.

To C. L. Emerson, for balance due him for the incidental Territorial printprinting of the Territorial Legislature of 1855, and appro-ing priated by said Legislature to the name of Hotchkiss, Staples & Jones, to be paid out of the sum appropriated by Congress for said Session, and still unpaid, the sum of four thousand five hundred and fifty-two dollars and eight cents; also, to the said C. L. Emerson, the further sum of one hundred and eight dollars and fifty-cents, for newspapers furnished the members of said Legislature, being a sum also found to have been appropriated out of said Congressional fund, and unpaid, said sums to be paid out of the Legislative fund for the year 1859.

To W. F. Wheeler, for copying Memorials to Congress for Copying memothis Legislature, twenty-five dollars.

rials

To Earle S. Goodrich, for newspapers furnished members of this Legislature, three thousand three hundred and fifty-Newspapers for seven dollars and ninety-seven cents.

legislature

To. J. W. Brockett, for extra services as Clerk of the Clerk of council Council, 1857, appropriated from Congressional fund unpaid, for 1857 the sum of fifty dollars.

To Goodrich, Somers & Co., for publishing Session Laws Session laws 1858 of 1858, $234 75.

To T. M. Newson, for newspapers furnished members of Papers and loan the Legislature, nine hundred and seven dollars and eighty-bill four cents; also, to the same, the further sum of forty dollars

for publishing Loan Act.

To Saint Paul Advertiser, for newspapers furnished mem- Newspapers and ] bers of this Legislature, one hundred and thirty-two dollars loan bill and forty-two cents; and to the same, twenty-five dollars for publishing $5,000,000 Loan Bill.

To Nicols, Kinne & Co, for hardware, spittoons, &c., fur-Spittoons & nished Capitol buildings, thirty-two dollars and fifty cents.

To Golcher & Simpson, as payment in full for locksmith

work, &c., fifty-nine dollars and fifty cents.

To Parker Paine, in full for firewood furnished Capitol by

W. C. Gray, four hundred and thirty-eight dollars.

Locksmith work

Wood

To J. W. Crosby, for repairing plastering in Capitol build-plastering ing, twenty-eight dollars.

Fire in com rooms

Territorial print

ing

Mape

Newspapers

Stationery for alerk of house

To John Young, for making fires in the Committee rooms, at fifty cents per day, twenty-five dollars and fifty cents.

To Owens & Moore, assignees of Thos. Foster, for unpaid balance of account for incidental printing of the House of Representatives of 1857, the sum of eight hundred and one dollars and two cents.

To Holmes, Payte & Buechner, as payment in full for two Maps of Minnesota furnished House of Representatives, the sum of three hundred dollars.

For newspapers furnished members of the Legislature, for which vouchers have not yet been sent in, one thousand dollars, or as much thereof as may be necessary.

To Combs & Brother, for stationery, &c., furnished the order of the Chief Clerk of the House of Representatives, seven hundred dollars and thirty cents.

To Combs & Brother for stationery, &c., furnished to the For secretary of order of the Secretary of the Senate, three hundred and fifty dollars and seventy cents.

senate

Mape

Newspapers

Newspapers

Newspapers

Sawing wood

To Sewall & Iddings, in full, for Map furnished Senate, one hundred and fifty dollars.

To Foster & Moore, for newspapers furnished the members of the present Legislature, six hundred and ninety-nine dollars and eighty-four cents.

To Glencoe Register, for newspapers furnished members and officers of this Legislature, twenty-one dollars and eighty

cents.

To the Henderson Democrat, for newspapers supplied members of the Legislature, 1857-1858, the sum of twentyseven dollars.

To James Burns, the sum of $20 for sawing wood for the Capitol.

SEC. 10. This Act shall take effect and be in force from and after its passage.

GEORGE BRADLEY,

Speaker of the House of Representatives.

RICHARD G. MURPHY, President pro tem. of the Senate.

APPROVED-March twenty, one thousand eight hundred and

fifty-eight.

CHAS. L. CHASE, Acting Governor.

SECRETARY'S OFFICE, Minnesota, I

March 20, 1858.

I hereby certify the foregoing to be a true copy of the original on file in this office.

CHAS. L. CHASE, Secretary.

CHAPTER XXVII.

An Act Providing for the Appointment of Notaries
Public and Prescribing their Duties.

SECTION 1. Authorizes the appointment of Notaries Public, by the Governor, to be
confirmed by the Senate.

2. Term of office to be two years-bond to be filed and an oath of office taken.
3. Official Seal to be procured-form of seal.

4. Powers of Notaries, to administer oaths, take and certify depositions, ac
knowledgments, deeds, and other instruments of writing.

5. Manner of protesting Bills of Exchange or Notes.

6. Instrument of Protest to be received as prima facie evidence by courts,
Fees of Notar'es-in taking depositions may compel the attendance of wit-
nesses-sheriffs and constables to serve and return process.

7.

8. No Banker, Broker or officer, or agent of Bank, to be appointed Notary.

9. Penalty for extortion, or unfaithful discharge of duty.

10. Terms of office of Notaries heretofore appointed.

11. Repeals Article 6, of Chapter 4, of Revised Statutes, and all amendments
thereto.

Be it enacted by the Legislature of the State of Minnesota :

SECTION. 1. That the Governor be and is hereby authorized to appoint and commission as Notaries Public, by and with the advice and consent of the Senate, as many citizens of this State, having the qualifications of electors, residing in the several counties of this State, as he may deem neces

sary.

Who may be a pointed notaries

office

SEC. 2. That each Notary Public, so appointed and commissioned, shall hold his office for the term of two years, unless sooner removed by the Governor or the District Court; and Term of office that before entering upon the duties of his office, he shall Bond and oath of give a bond to the State of Minnesota, in the sum of one thousand dollars, with security, to be approved by the Governor, conditioned for the faithful discharge of the duties of his office, and he shall take and subscribe an oath or affirmation, to be endorsed on his bond, that he will support the Constitution of the United States, and of this State, and that he will honestly, faithfully and impartially discharge and perform all the duties of his office to the best of his ability, and the same shall be deposited in the office of the Secretary of State.

SEC. 3. That each Notary Public, before entering upon the duties of his office, shall provide himself with an official seal, with which he shall authenticate his official acts, upon oficial seal--Jos which shall be engraved the Arms of this State, the words of "Notarial Seal" and the name of the county [in] which he resides, which seal, together with his official register, shall be exempt from execution; and on the death or removal from office of such Notary Public, his register shall be deposited

ries

in the office of the Clerk of the District Court of the county in which such Notary resides; Provided, That it shall be lawful for any Notary Public, already duly commissioned and qualified as such, to use, in the authentication of his official acts, a seal of the similitude of those authorized by law previous to the passage of this Act; nd Provided further, that whenever it shall be necessary for any such Notary Public to procure a new seal, such new seal shall be of the description hereinbefore designated.

SEC. 4 That each Notary Public so appointed, commissioned and qualified, shall have power, within this State, Powers of nota- while residing within the county for which he was appointed, to administer all oaths required or authorized by law to be administered in this State, to take and certify depositions to be used in any of the Courts of this State, to take and certify to all acknowledgments of deeds, mortgages, lien, powers of attorney, and other instruments of writing, and to receive, make out and record notarial protests.

Form of protesting notes

protests to be received as prima facie evidence

SEC. 5. It shall be the duty of each and every Notary Public, when any bill of exchange or promissory note be by him protested for non-acceptance or non-payment, to give notice thereof in writing to each party protested against, immediately after such protest shall have been made; and the Notary shall in such instrument of protest, certify to the time and manner of the service of such notice upon the several parties so protested against; and the Notary shall make record of such instrument of protest, in his official register, which record, or a duly certified copy thereof, shall be prima facia evidence of the facts therein contained.

SEC. 6. That the instrument of protest of any Notary Public, appointed and qualified under the laws of this State or Instruments or the laws of any other State or Territory of the United States, accompanying any bill of exchange or promissory note, which has been protested by such Notary for non-acceptance or for non-payment, shall be held and received in all the Courts of this State as prima facia evidence of the facts therein certified: Provided, That any party may contradict, by other evidence, any such certificate.

SEC. 7. That for each oath or affirmation administered and Fees for protests certified, the Notary Public shall receive twenty-five cents, and no more; for the presentment, demand, notice to drawers and endorsers, and instrument of protest of each bill of exchange or promissory note, he shall receive the sum of one dollar; and for recording each instrument required by law to be recorded by him, ten cents for each one hundred words, Fees for record and no more; for taking and certifying acknowledgements of deeds, mortgages, liens, powers of attorney, and other instruments of writing, and for the taking and certifying depositions, he shall receive the same fees as may be allowed by law to Justices of the Peace for similar services; and in taking depositions, he shall have the same power to compel the at

ing other instruments &c

Power to compel

tendance of witnesses, and punish witnesses for refusing to testify, which may be vested by law, in Justices of the Peace; attendance of witand all Sheriffs and Constables, and Sheriffs in this State, are nesses hereby required to serve and return all process issued by such Notaries in taking depositions.

SEC. 8. That no banker, broker, or officer, stockholder, at- No banker or torney, clerk, or agent of any bank, banker or broker, shall other person conbe appointed to or shall hold the office of Notary Public in to be appointed

this State.

nected therewith

fees or malfeas

SEC. 9. That any Notary Public who shall charge or receive any fee or reward for any act or service done or ren- Overcharging dered by him under this Act, greater than the amount herein ance in office sublimited, or who shall dishonestly or unfaithfully discharge ject to removal any of his duties as Notary Public, shall on complaint filed from office and substantiated in like manner as other cases, in the District Court of the county in which he resides, be removed from his said office by such Court; and the Court shall thereupon certify the fact of such removal to the Governor, and the party so removed shall be thereafter ineligible to a reappointment to the office of Notary Public in this State.

SEC. 10. The term of office for all Notaries Public appoint- Previous comed prior to the 25th day of May, A. D. 1858, shall expire on missions to exthe 31st day of July, A. D. 1858.

pire

Repeal of art 6

SEC. 11. That Article six of Chapter four of the Revised Statutes, and all amendments thereto, and all acts and parts chap 4 revised of acts inconsistent with this Act, be and are hereby re-statutes pealed.

SEC. 12. This Act shall take effect and be in force from and after its passage.

Speaker of the House of Representatives.

GEORGE BRADLEY,

WILLIAM HOLCOMBE,

President of the Senate.

HENRY H. SIBLEY.

APPROVED-July twenty-sixth, eighteen hundred and fifty

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I hereby certify the foregoing to be a true copy of the original on file in this office.

FRANCIS BAASEN, Secretary of State.

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