Third, In paying teachers employed in said school, when the revenue derived from tuition is not sufficient for that purpose, and incidental expenses. Fourth, In procuring apparatus for said school. SEC. 3. The said fund to be expended under the direction of the Board of Education of the Normal School, according to the provisions of an act entitled "An Act to locate, establish and endow a State Normal School." SEC. 4. This act shall take effect and be in force from and after date. Approved February 1, 1869. Apparatus. AN ACT Providing for Holding Terms of the Supreme Court. SECTION 1. Be it enacted by the Legislature of the State of Nebraska, That there shall be held a term of the Supreme Court, Supreme at Lincoln, the Capital, beginning on the first Tuesday after the to be held first Monday in January and July of each year. SEC. 2. This act shall take effect and be in force from and after the first day of June, 1869. All acts or parts of acts establishing the Supreme Court at other places are hereby repealed. Approved February 3, 1869. at Lincoln. AN ACT To Prohibit the Sale of Intoxicating Liquors on days of Election. the sale of ing liquors SECTION 1. Be it enacted by the Legislature of the State of Nebraska, That it shall be unlawful for any person in this State to Prohibit sell, or give away, or dispose of with intent to evade the law, any intoxicatintoxicating liquors on the day of any general or special election. election SEC. 2. Any person offending against this act shall be guilty of days. a misdemeanor, and be punished by fine not less than twenty-five dollars, nor exceeding one hundred dollars, or imprisoned in the county jail not to exceed thirty days, or by both such fine and imprisonment. SEC. 3. This act shall take effect and be in force from and after the first day of March, 1869. Approved February 3, 1869. Incorpora to elect officers. AN ACT To Amend Section No. 59 of Chapter No. 25 of the Revised Statutes of Nebraska, entitled "Incorporations." SECTION 1. Be it enacted by the Legislature of the State of tion failed Nebraska, That section number fifty-nine of chapter number twentyfive of the Revised Statutes of Nebraska, entitled "Incorporations," which is in words and figures following, that is to say: Section 59. All officers of any such incorporate companies, organized under the provisions of this chapter, shall be residents of this Territory; and whenever any company, association or society heretofore or hereafter incorporated, shall have failed to elect its officers at the time designated, it shall be lawful for any such company, association or society to call a meeting and elect its officers, who shall hold their respective offices until the time specified for the annual or other fixed time for holding such election; and when any incorporated company heretofore organized, or that may hereafter be organized under the provisions of this chapter, shall have a special time fixed for its annual meeting, a majority of the stockholders in interest may, at any regular annual meeting, change the time of the annual meeting thereof, shall be so amended as to read as follows, that is to say: Section 59. Whenever any company, association or society heretofore or hereafter incorporated, shall have failed to elect its May ch'nge officers at the time designated, it shall be lawful for its annual time of meeting. any such company, association or society, to call a meeting and elect its officers, who shall hold the respective offices until the time specified for the annual or other fixed time for holding such election; and when any incorporated company heretofore organized, or that may hereafter be organized under the provisions of this chapter, shall have a specified time fixed for its annual meeting, a majority of the stockholders in interest may, at any regular annual meeting, change the time of the annual meeting thereof. Approved February 6, 1869. AN ACT To Provide for the Appointment of Notaries Public, and to Define their Duties. SECTION 1. Be it enacted by the Legislature of the State of Governor Nebraska, The Governor is hereby authorized to appoint and commission such number of persons to the office of Notary Public, in each of the respective counties of this State as he shall deem necessary, not exceeding the number hereinafter limited, each of whom shall hold the office for the term of six years from the date of appoint Notary Public. T his commission, unless sooner removed, who shall reside in the county for which he was appointed and commissioned. SEC. 2. When any person shall be appointed to the office of Notary Public, the Governor shall sign the commission of such person, and deliver the same to the Secretary of State. Upon the Commis❜on receipt of such commission by the Secretary of State he shall affix thereto the Great Seal of State, and attest the same, and transmit by mail or messenger, the commission and a blank bond, to be Bond. executed by the person so appointed and commissioned, to the County Clerk of the county, for which such appointment was made, who shall, within five days after the receipt by him of such commission, notify the person so appointed that he holds the commission and blank bond, and if the person appointed to such office, does Duty of not, within thirty days after the date of such notice, execute the Clerk. bond hereinafter mentioned, deliver the same to the Clerk of the county, qualify and receive his commission, the Clerk shall return such commission to the Secretary of State to be cancelled. County Execute Bond. SEC. 3. Each person so appointed to the office of Notary Public shall, within the time limited in section two of this act, appear before the Clerk of the county, for which he was appointed, and demand the blank bond so transmitted by the Secretary of State, and execute, and deliver to such Clerk a bond to the State of Nebraska, in the penal sum of two thousand dollars, with two securities, residents of such county, who shall severally justify as herinafter prescribed, conditioned for the faithful performance of the duties of such office; and such person so appointed to the office of Notary Public, shall make oath or affirmation, to be endorsed on Oath. such bond, and subscribed by the person appointed before some officer authorized by law to administer oaths, and by him certified thereon, that he will support the Constitution of the United States, the Constitution of the State of Nebraska, and will faithfully and impartially discharge and perform the duties of the office of Notary Public. The County Clerk shall file and preserve the bond in his Bond filed office, and record the commission, bond, justification of the sureties, Clerk's and oath of office, in a book to be kept by him for that purpose, and shall transmit to the Secretary of State, written or printed notice that the requirements of this act have been complied with by the person so appointed and commissioned, which notice shall be filed and preserved in the office of the Secretary of State. in County Office. Sureties ify. SEC. 4. The justification of sureties on bond shall be an oath or affirmation endorsed on such bond to the effect, that each of said sureties is a resident and freeholder of the county for which such shall qual- Notary Public was appointed and is worth at least the sum of two thousand dollars, over and above all debts and liabilities by him owing, and all property exempt by law from levy or sale on execution, which oath or affirmation shall be subscribed by the sureties, and taken before and certified to by some officer authorized by law to administer oaths, and any person swearing or affirming falsely in this regard, shall be liable to and suffer all the pains and penalties of the Statutes of this State, to punish persons for the crime of perjury. Notarial Official SEC. 5. Each Notary Public, before performing any duties of his office, shall provide himself with an official Seal, on which shall be engraved the words "Notarial Seal," the name of the county for which he was appointed and commissioned, and the word Nebraska," and in addition, at his option, his name, or the initial letters of his name, with which seal, by impression, all his official acts as Notary Public, shall be authenticated. Each person so appointed and commissioned shall, also, before entering upon the duties of the office, provide himself with an official record in which shall be recorded all his official acts, together with a copy of the instrument, certificate of protest, and notices, and other matter by him acted upon, except the taking of acknowledgments and proofs of deeds, and other instruments required by law to be recorded, either in this or other States; affidavits and depositions, and other acts not relating to protests, and the record and seal of such Notary from forced Public shall be exempt from levy or sale on execution, attachment or warrant of distraint. Exempt sale. Duties. Protest. SEC. 6. Every person, during the term of his office, so appointed, commissioned and qualified to the office of Notary Public, hereby is authorized and empowered, within the county for which he was appointed to such office, to administer oaths and affirmations, in all cases; to take depositions, acknowledgments and proofs of the execution of deeds, mortgages, powers of attorney, and other instruments in writing, to be used or recorded in this State, to demand acceptance, or payment of any foreign, inland or domestic bill of exchange, promissory note, or other obligation in writing, and to protest the same for non-acceptance or non-payment, as the case may be, and रु الم received in of State give notice to endorsers, makers or acceptors, of such demand and non-acceptance or non-payment; and to exercise and perform such other powers and duties, as by the law of Nations, and according to commercial usage, or by the laws of the United States, or of any other State or Territory of the United States, or of any other government, or country, may be exercised and performed by Notaries Certificate Public, and over his signature and official seal certify the perform- all Courts ance of such duties, so exercised and performed under the provi- as prosumptive sions of this act, which certificate shall be received in all courts of evidence. this State, as presumptive evidence of the facts therein certified to; and on due proof of the loss of such original certificate, the record thereof, so kept by such Notary Public as is by this act prescribed, shall be received by all courts in this State as presumptive evidence of the facts therein recorded: Provided, That any. person interested in the subject matter of such certificate or record of such certificate, may, by other evidence, contradict the matters and things set forth in such certificates or in the record thereof. monses to contempt SEC. 7. Every Notary Public, when notice by a party to any civil suit pending in any court of this State, upon any adverse party for the taking of any testimony of witnesses by deposition, or any commission to take testimony of witnesses to be preserved for use in any suit thereafter to be commenced, has been deposited power to with him, or when a special commission issued out of any court of issue sumany State or country, without this State, together with notice for punish for the taking of testimony by depositions or commissions has been deposited with him, is empowered to issue summonses and command the presence before him of witnesses, and to punish witnesses for neglect or refusal to obey such summons, or for refusal to testify when present, commitment to the jail of the county for contempt, and all Sheriffs and Constables in his State are hereby required to serve and return all process issued by Notary Public, in the taking of testimony of witnesses by commission or deposition. damage taries' mis SEC. 8. If any person shall be damaged or injured by the To recover unlawful act, negligence or misconduct of any Notary Public, in from Nohis official capacity, the person damaged or injured may maintain a conduct. civil action on the official bond of such Notary Public against such Notary Public and his sureties, and a recovery in such action shall not be a bar to any future action for other causes, to the full amount of the bond. |