1 3 scribed for which they are appointed. Four years is, in these States, the general period for which they are appointed. This is the term in California, Illinois, Indiana, Nebraska,4 Nevada, New York, and Oregon. In the Territory of Arizona, the period is also four years.8 In Connecticut, the term is five years; and the same is the term in Michigan 10 and New Hampshire. In Delaware it is seven years, the longest definite period.12 In the States of Kentucky, Mississippi, and Virginia, the term is two years; 13 and in Iowa, New Jersey, and Ohio, it is three years.14 § 162. Powers.-The powers conferred on commissioners of deeds under our statutes are very uniform throughout. These powers are to administer oaths and affirmations, and to take depositions, affidavits, and the proof and acknowledgment of deeds or other instruments of writing, to be used or recorded in the State from which they derive their appointment. The statutes, moreover, provide that their acts are to have the same force and effect, and shall be as effectual in law, as if done and certified by any justice of the peace or other authorized officer within the State. It was decided, in a case in Georgia, that a commissioner of deeds had no power to certify to the official character of a foreign officer in the State where the commissioner resides.15 Usually, the acknowledgment need only be attested by the commissioner; but in Georgia, a mortgage of real property, besides being acknowledged before an officer empowered to take acknowledgments, is required to be attested by a witness. In McCrary v. Anstell,16 it appeared a mortgage was executed in New York in the presence of Edwin F. Corey, a commissioner of the State of Georgia, and no other witness than Corey attested the mortgage deed, for the reason that it was the belief of both parties that such execution was valid without being attested by another witness. In an action to 1 Pol. Code, Sec. 811. 4 Gen. Stat. 1873, p. 877. 5 Comp. Laws, Sec. 324. 62 Rev. Stat. 6th Ed. 1142. 7 Gen. Laws 1874, p. 295. 8 Comp. Laws, p. 347. 10 Comp. Laws, p. 220. 13 Rev. Code Ky. p. 203; Code of Miss. Sec. 800; Code of Va. p. 568. 14 Code of Iowa, p. 43; Nixon's Dig. p. 155; 1 Swan & C. 874. 15 O'Bannon v. Paremour, 24 Ga. 489. 16 46 Ga. 450. foreclose this mortgage, it was decided, that as equity would have power under such circumstances to reform the mortgage, it would still retain it to foreclose it. § 163. Conditions to be complied with before exercising duties. Before the commissioner can proceed to execute the duties of his office there are two prerequisites the statutes point out. These are, to take and subscribe an oath to faithfully discharge the duties of his employment, and to provide a seal; then, within a certain definite period after his appointment, to file the affidavit, and an impression of his seal and signature, in the office of the Secretary of State. The period allowed to do this is generally six months; in other cases, it is three months.2 When an application is made to the executive for appointment, a blank form of affidavit is returned to the applicant, which he is required to fill up, and swear to before some officer having authority to administer oaths in his State. In one of our States only is a bond required by statute from the applicant. In Vermont, it is provided: "Before any commissioner, appointed as aforesaid, shall proceed to perform any of the duties of his office, he shall take and subscribe an oath before some magistrate, authorized to administer oaths in the State for which commissioner is appointed, that he will faithfully discharge the duties of his office, and shall execute a bond to the State, with sureties to the satisfaction of the governor, in the penal sum of $500, conditioned for the proper exercise of the powers and the faithful discharge of his duties as commissioner, which bond may be put in suit in the name of the State, against the principal and sureties, or any or either of them, by any person who has been injured by the neglect of such commissioner." 4 § 164. Fee paid for commission.-Before a commission is delivered, it is the general rule to require a certain fee from the 1 As in Arkansas, Arizona, California, Illinois, Missouri, New Hampshire. 2 As in Mississippi. 3 The author is aware that in a few places a bond is required by the executive from the appointee; where this is the case, and the amount will be learned, when application is made to the executive department of a State. 4 Rev. Stat. 1870, p. 73. NOTARIES-11. appointee, which is usually not above ten dollars. The statutes provide, in some cases, for the disposition of the money so obtained on the commission. In Arizona, the secretary of the Territory shall be entitled to receive a compensation of ten dollars from each person hereafter appointed and commissioned.1 In Illinois, the secretary of State is required to forward forms and instructions to commissioners, and with the certificate of appointment a copy of the laws relative to such officers, for which he shall be entitled to receive five dollars.2 In Mississippi, the Secretary of State is entitled to receive two dollars and fifty cents for every commission. In Nevada, the appointee is required to pay ten dollars, exclusive of other legal charges on his commission, for the use of the "Library Fund" of the State.1 Ohio, the fee to be paid is three dollars, and the money obtained in this manner, after paying the wages of a messenger for the executive officer, shall form part of the compensation of the private secretary of the governor.5 In West Virginia, the fee is fixed at five dollars. In § 165. Requirements as to seal.-A seal is indispensably necessary before the commissioner can execute the duties of his office. In some States, no particular provision is made for a description of seal, it being a general rule that the name of the commissioner shall appear thereon, with the words, “A Commissioner for the State of — and the name of the city or place where the commissioner exercises the duties of his office. Such States as have made special provision for a description of a seal to be used by a commissioner, we will now notice. In California, the statute requires him to have an official seal, upon which must be engraved the arms of the State, the words, "Commissioner of Deeds for the State of California," and the name of the State for which he is commissioned. In Illinois, on the seal shall be designated his name, and the words, "A Commissioner for the State of Illinois," together with the name of the State, Territory, or country for which appointed. In Iowa, on the seal shall be engraved the words, "Commissioner 1 Comp. Laws, p. 347. 8 Code 1871, Sec. 800. 51 Swan & C. 874. 7 Pol. Code, Sec. 812. 8 Rev. Stat. 1874, p. 266. for Iowa," with his surname at length, and at least the initials of his Christian name; also, the name of the State in which he acts.1 In Massachusetts, on the seal shall be designated his name, the words, "Commissioner for Massachusetts," and the name of the State or Territory, city and county where the commissioner resides.2 In Nebraska, his name and the words, "A Commissioner for Nebraska," together with the name of the State or Territory, city and county within which he shall reside, and for which appointed. In New York, to have name, and the words, "Commissioner of Deeds for the State of New York," with the name of the city and foreign State or country for which he shall be appointed. In Oregon, the commissioner is to provide a seal of office with the arms of the State engraved in the center thereof, and with the following inscription surrounding the same: "Commissioner for Oregon, "the blank following the word Oregon to be filled with the name of the State, Territory, or district for which such commissioner is appointed.5 In West Virginia, it is provided that the seal shall have designated on it the name and the words, (either at length, or by intelligible abbreviations) "Commissioner for West Virginia in ," the blank to be filled up with the name of the State, Territory, or district for which he is appointed. § 166. Authentication of acts. It is a general rule that the acts of a commissioner require no further authentication to entitle them to be received in evidence or recorded in the State for which he derives his appointment, than his own signature and official seal. So it was held, in Johnson v. Cocks,7 that depositions taken before a commissioner of deeds, appointed by the governor of the State to act in another State, may be read in evidence, without other proof of the appointment and authority of such commissioner than his own certificate and official seal. This general rule is not followed in New York, for by a statute passed in 1875,8 it is there provided that, before the certificates of such officers can be admitted in evidence, there 1 Code, p. 43. 2 Rev. Stat. 132. 3 Gen. Stat. p. 877. 42 Rev. Stat. (6th Ed.) 1142. 5 Gen. Laws, p. 295. 6 Code 1868, p. 387. 712 Ark. 672. 8 Laws of 1875, Chap. 136, Sec. 2. must be produced a certificate by the Secretary of State that he is acquainted with the handwriting of such commissioner, or has compared his signature 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 impression of the seal of the said certificate to be genuine. § 167. Fees.-Commissioners usually charge the same fees as are allowed to notaries in the States where they act. In some of our statutes, there is express provision made for the fees they are entitled to demand, and in some instances the penalty of removal is attached for taking any more than are thus expressly laid down. The statute in California gives them the same fees as are prescribed for notaries public, which are: For drawing an affidavit, deposition, or other paper, for each folio, thirty cents; for taking the acknowledgment or proof of a deed or other instrument, to include the seal and the writing of the certificate, for the first two signatures one dollar each, and for each additional signature fifty cents; for administering an oath or affirmation, fifty cents; for every certificate, to include writing the same and the seal, one dollar.1 In Delaware, the fees are: For taking an acknowledgment of a deed, one dollar; for taking and certifying an affidavit, fifty cents. The Iowa Code provides that they may demand the same fees as are allowed in the State where they act.2 In New Jersey, they are allowed such fees as are allowed by law for like services to officers in that State, and in case it shall be made to appear that any such commissioner takes greater fees, it shall be the duty of the governor to remove him. The statute of Ohio provides he shall be entitled to charge and receive for his services the following fees and no more: For swearing each witness, twentyfive cents; for each one hundred words contained in any deposition, certificate, or affidavit taken before him, twenty cents; for authenticating, sealing up, and directing each deposition, one dollar; for authenticating each affidavit sworn before him, one dollar; for taking an acknowledgment, two dollars.4 1 Pol. Code, Secs. 798, 815. 2 Code, p. 43. 3 Nixon's Dig. p. 155. 41 Swan. & C. 874. |