PREFACE.

If I would justify the existence of this book, I could point to the fact that there is no other covering the same ground or supplying the same information. While it may be an advantage to an author, as far as novelty is concerned, to be the first to treat of a certain subject, it devolves upon him, however, a weightier degree of care and responsibility in preparing, arranging, and developing in systematic order the topics of his treatise.

Recognizing this duty in writing upon a new subject, the author has given the utmost attention to the systematic arrangement and connection of the various topics composing this treatise, and has been particularly careful to make the work easy of reference and convenient for examination. But a book can hardly claim an excuse for its existence simply on the ground of novelty, or as being the pioneer in a new field. The author therefore does not claim recognition simply because it is the first on this general subject, but prefers to base its claims to notice on the ground of its practical utility, and its adaptation to the wants of those for whom it was written.

It might appear, at first sight, impossible to treat of the duties and powers of Notaries in a general work adapted to various States; but on examination and comparison of the statutes, it will be found that their duties and powers are more uniform in our several States than many would suspect. Thus a general treatise became practicable, and the author found it possible to classify and arrange his subject from a general standpoint. Where, however, statutes have abridged or enlarged the powers of Notaries in any State, the author has not failed to draw attention thereto, giving reference to such statutes.

The subjects embraced in this work comprise fully and specific

ally whatever pertains to the office of a Notary throughout the United States. The general duties of Notaries in this country are to take acknowledgment of deeds and other written instruments, to take affidavits and depositions, and to make protest of negotiable paper. Where Notaries are not permitted to exercise all of these, or where they are intrusted with additional powers, the fact has been duly noticed.

The author has throughout relied upon authority, supporting his statements by citations of cases numbering at least one thousand, so that the work may not only be a manual, but a reliable reference to all who have occasion to investigate any of the several subjects embraced in it.

The subject of Acknowledgment of Deeds has been carefully treated, and the various decisions in reference thereto examined and digested; and this chapter of the work, it is hoped, may prove not only advantageous to the practical conveyancer, but useful to the lawyer, as its propositions are fully supported by reference to well-considered cases. In the forms, there are given the style of acknowledgment for each State and Territory of the Union; and forms for the private acknowledgment of married women are given under the States where such are required.

The chapter on Negotiable Paper has received the author's most careful attention, and it has been his aim to make it complete, practical, and useful to Notaries, to whom are confided the responsible duties of protesting negotiable paper. He has, at the same time, endeavored to extend its utility by citations of cases, so that it may be of use to the practicing lawyer, and especially to bankers, who will readily find therein information which they will have occasion every day to seck.

The chapter on Notarial Acts as Evidence the author believes will be found of great advantage, not only to notaries but to the legal profession. It is the first time that the cases on this subject have been brought together, classified, and digested. The importance of this subject demanded of the author the most careful attention and closest examination. It has therefore been his endeavor to make it complete, reliable, and practical.

The forms will, perhaps, be the most useful and practical part of the work. They have been carefully selected and compared, and it is hoped will be found useful and reliable. Over two hundred of these forms are given, comprising forms of acknowledgment, depositions, protests, ship protests, and forms of legal instruments in general use.

It is believed, from the large number of Notaries throughout the United States, and the responsible duties they are called upon to discharge, that this work will supply them with that information which will enable them to discharge their duties safely to themselves and efficiently to the public. The author now commits the work to their favor and patronage, and feels assured that, though it be the first attempt to compile a general treatise on the subject adapted to all sections of the country, it will not prove imperfect or unreliable, and, while not infallible, will be found free from any grave errors.

SAN FRANCISCo, March, 1877.

J. P.