From the play of" Sir Giles Overreach," by Massinger. BOSTON LITTLE, BROWN, AND COMPANY 1903 KD 10680 HARVARD COLLEGE LIBRARY FROM THE LIBRARY OF FRANK BYER CHESTER Copyright, 1894, 1903, BY LITTLE, Brown, and ComPANY. University Press : PREFACE. THE powers and duties of notaries public and of justices of the peace in Massachusetts have been so materially changed by recent legislation that a new guide book for such officers is not only a convenience but a necessity. This work, so far as it relates to Justices, is, to some extent, founded on W. M. Seavey's excellent "Manual for Notaries and Justices." This by permission. The most important duties of notaries public relate to the protest of commercial paper, and to the noting and extending of marine protests. Formerly, the law of commercial paper was to be found, for the most part, in the decisions of the Supreme Judicial Court of Massachusetts, and in the decisions of the courts of last resort of the United States, of the several other States, and of England. But by Acts of 1898, Chapter 533, incorporated in the Revised Laws, Chapter 73, " Of Money and Negotiable Instruments," the law of commercial paper has been made (to a great degree) statutory. In any case, however, not therein provided for, resort must still be had to the law merchant; i. e. the law of bills, notes, and checks apart from statute. A clear knowledge of the duties of notaries public relating to the protest of commercial paper is vital to every notary. To what extent these duties have been changed by the Act referred to may be gathered from the following pages. Constant reference has been made to Bigelow on "Bills and Notes," a work which has been truly styled a legal classic. It is a curious fact that American text writers on "Notaries" have usually failed to treat of the noting and extending of marine protests, the most lucrative act the notary is called upon to perform. This work involves a knowledge of laws and customs unfamiliar to the average attorney, and unknown to the ordinary notary. The author has endeavored to rob this branch of the notarial office of its mystery by stating the law relating to marine protests, the customs of merchants, mariners, and average adjusters relating thereto as declared by these persons, and as interpreted in the decisions of the Admiralty Courts, and by presenting accurate, approved forms of marine protests in daily use at the port of Boston. Able assistance has been afforded by Mr. George M. Ameridge, Secretary of the Boston Board of Marine Underwriters, and by Messrs. Theodore W. and Christopher Gore, average adjusters. The duties and privileges of justices of the peace have been carefully stated, and recent changes in the scope of their authority noted. It will be seen that the number of justices of the peace who may solemnize marriage has recently been greatly abridged; and the rights of such officers to perform many other acts seriously modified. Important editorial assistance has been rendered by Mr. Arthur P. Gay, of the Boston Bar, who has critically examined the manuscript. Valuable suggestions touching the protest of commercial paper have been received from Mr. J. T. Auerbach, of the Boston Bar. 6, BEACON STREET, BOSTON. JAMES TOWER KEEN. |