Tit. III, Ch. 1. Superintendent shall keep a record and certify accounts. The governor's records. Alphabetical index: official papers to be filed. May issue war rant in certain cases, and sheriff kind of fuel necessary for heating the state house for the ensuing year, and he shall thereupon advertise and contract therefor in the same manner and under the same restrictions that the secretary of state is required to advertise and contract for paper for the state. [70 v. 121, § 8.] SEC. 106. As superintendent, he shall keep a full and complete record of all his proceedings, and of all contracts by him made, and of all accounts, and he shall, in conformity with any such contracts, certify such accounts to the auditor of state, from time to time, as payments thereon shall become due. [59 v. 57, § 4.] RECORDS. SEC. 107. The governor shall cause to be kept in his office a general record, in which shall be entered a brief abstract of the official proceedings of each day; a record of notaries public, in which shall be entered the name, post-office address, county, date and expiration of commission of each notary public appointed; a record of commissioners of deeds, in which shall be entered the name, post-office address, state or territory, date and expiration of commission of each commissioner of deeds appointed; a record of requisitions, in which shall be entered an abstract of the applications for requisitions, showing date, by whom made, for whom and what offense, upon what state or territory, and whether granted or refused; also, an abstract of requisitions from other states and from territories, showing date of receipt, from what state or territory issued, for whom and for what offense, and whether granted or refused; a record of warrants, in which shall be entered the date of issuing each warrant, the purpose and to whom issued, when and before whom returnable, and the return thereof, when made to the governor's office; a pardon record, in which shall be entered the date of each application for pardon or executive clemency, and in whose behalf made, and, if such application be refused, the word "Refused," with proper date, but if the same be granted, then the name and crime of convict, the sentence, its date and the date of commutation, pardon, or reprieve, with the reasons therefor, giving in each case the term of the court and county where the conviction was had; a record of appointments, in which shall be entered the name of each person appointed to any office by the governor (except notaries public and commissioners of deeds), name of office, date of appointment, commission, and expiration of term, and when confirmation by the senate is required, the date thereof; and a day book and ledger, in which shall be kept an account of all public moneys received and disbursed. [73 V. 201, 1; 55 v. 13, § 14.] SEC. 108. There shall be made and kept up an alphabetical index to each of said records, except the general record; and all official papers shall be filed in boxes properly labeled and dated, to which boxes references shall be made in the proper places in said records; and a transcript of an entry in any record, kept as aforesaid, certified as correct by the private secretary or executive clerk of the governor, under the great seal of the state, shall be received as prima facie evidence of the facts therein stated, in any court, or before any officer of the state. [73 v. 201, § 2.] WARRANTS. SEC. 109. When the governor exercises any of the powers granted in section eleven, article three, of the constitution, or any authority snall execute the vested in him by law, requiring the aid of a ministerial officer to carry the same into effect, he may issue his warrant, directed to the sheriff of any county in the state, commanding him to execute his orders, and same. make return thereof in such manner as he directs in that behalf; and any sheriff who refuses or willfully fails to comply with the commands of any such warrant, shall forfeit and pay to the state five hundred dollars, to be recovered in the name of the state by suit in the county where he resides. [73 v. 201, § 3.] NOTARIES PUBLIC. Tit. III, Ch. 1. notaries public. SEC. 110. The governor may appoint and commission as notaries Appointment of public as many persons, male or female, who are citizens of this state, residing in the several counties for which they are appointed, as he may deem necessary; but before making any such appointment, each applicant shall produce to the governor a certificate from a judge of the court of common pleas or supreme court, residing in the same county or district, that the applicant is of good moral character, a citizen of the county in which he or she resides, and possessed of sufficient qualifications and ability to discharge the duties of the office of notary public. [76 v. 36.] to act as notaries. Bond. SEC. 111. No banker, broker, cashier, teller, or clerk of any bank, Bankers, etc., not banker, or broker, shall hold the office of notary public in this state; nor shall any director, stockholder, attorney, agent, or other person holding any official relation to any bank, banker, or broker, be competent to act as notary public in any matter to which such bank, banker, or broker is a party in interest. [73 v. 206, § 7.] SEC. 112. Each notary public so appointed and commissioned shall Term of office. hold his office for the term of three years, if so long he behave well, and before entering upon the duties of his office he shall give bond to the state of Ohio, in the sum of fifteen hundred dollars, with sureties, 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 of office to be indorsed on his commission. [55 v. 13, $ 2.] SEC. 113. Before entering upon the discharge of his duties he shall Notary to provide provide himself with an official seal as the same is prescribed by law; and also an official register-both of which shall be exempt from execution; and on the death, expiration of office without reappointment, or removal from office, of any notary public, his official register shall be deposited in the office of the recorder of the county for which such notary was appointed. [50 v. 222, § 3.] a seal and register. SEC. 114. Each notary public so commissioned shall, before enter- Commission to be ing upon the duties of his office, leave his commission, with the oath recorded. thereon indorsed, with the clerk of the court of common pleas in the county in which he resides, for the purpose of being recorded by him. [55 v. 13, 3-] SEC. 115. Upon receipt of any such commission, the clerk shall Record and index record the same in a separate book kept in his office for that purpose, of commissions. and indorse on the margin of the record and on the back of said commission the time he received the same for record, and make a proper index to all commissions by him recorded. [55 v. 13, § 4.] SEC. 116. Upon application, the clerk shall make out a certified copy Certified copy of such commission and the indorsements thereon, under the seal commission to be of the court, and such certified copy shall be prima facie evidence of all of any the matters and facts therein contained. [55 v. 13, § 5.] evidence. SEC. 117. For services under this chapter the clerk shall be entitled Fees for recording to receive the following fees: For recording and indexing each com- commissions, etc. mission, forty cents, and the like fees for certified copies of such com 113. To the verification required to a chattel mortgage it is not necessary that a notary pub lic before whom it is made should affix his official seal. Ashley v. Wright, 19O. S. 291. Tit. III, Ch. 1. Powers of notaries public. Fees of notaries public. Foreign and domestic protests evidence. Acts done by notary after term closes are valid: Penalty for such acts. Penalty for re fees, etc. GOVERNOR. SS 118-124. missions as are allowed by law to clerks of the court of common pleas for copies and certificates of records kept by them. [55 v. 13, § 6.] SEC. 118. Each notary public, duly appointed, commissioned, and qualified, shall have power within the county in which he resides to administer all oaths required or authorized by law to be administered in this state, to take and certify depositions, to take and certify to all acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments of writing, and to receive, make, and record notarial protests. [55 v. 13, § 8.] SEC. 119. For the presentment, demand, notice to drawers and indorsers, and instruments of protest of each bill of exchange or promissory note, the notary public shall receive the sum of one dollar; and for recording each instrument by him required to be recorded, the sum of ten cents for each one hundred words, and no more; and for his services in taking and certifying acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments of writing, and for taking and certifying depositions and affidavits, administering oaths, and other official services, he shall receive the same fees as are allowed by law to justices of the peace for like services; and in taking depositions he shall have the same power to compel the attendance of witnesses, and to punish them for refusing to testify, which is by law vested in justices of the peace; and all sheriffs and constables in the state are required to serve and return all process issued by such notaries in the taking of depositions. [63 v. 161, § 9.] SEC. 120. The instrument of protest of any notary public appointed and qualified under the laws of the state, 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 facie evidence of the facts therein certified; but any party may contradict, by other evidence, any such certificate. [55 V. 13, § 10.] SEC. 121. Any act done by a notary public subsequently to the expiration of his term of office is as valid as if done during his term of office. [55 v. 13, § 16.] SEC. 122. Any person appointed notary public who performs any act as such after the expiration of his term of office, knowing that his term has expired, shall forfeit any sum not exceeding five hundred dollars, to be recovered by action in the name of the state. [55 v. 13, $17.1 SEC. 123. Any notary public who charges or receives any fee or ceiving excess of reward for any act or service done or rendered by him greater than the amount herein limited, or who dishonestly or unfaithfully discharges any of his duties as notary public, shall, on complaint filed and substantiated in the court of common pleas in the county in which such notary public resides, be removed from his 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. [ 55 V. 13, § 11.] Appointment and qualification of foreign commissioners. Powers of such commissioners. COMMISSIONERS. SEC. 124. The governor is authorized to appoint and commission as commissioners of the state of Ohio persons residing in any other state, or in any territory of the United States, or in any foreign state, on furnishing such evidence of qualification as he thinks proper to require, who shall continue in office for the term of three years, and who shall have authority to take affidavits and depositions to be used in any of the $$ 125-126. SECRETARY OF STATE. Tit. III, Ch. 2. courts of this state, and also to take acknowledgment and proof of the execution of any deed or other conveyance, and of any lease, contract, letter of attorney, or other written instrument, to be recorded or used in this state; and every person thus appointed commissioner of the state of Ohio shall, before the issuing of his commission, procure a proper seal Seal and oath. of office, and shall take and subscribe an oath of office before some judge of a court of record, or some other commissioner of the state of Ohio within the state, territory, or country in which he resides, which oath, with his signature thereto, and an impression of his seal of office, shall be transmitted to the governor, and filed in the office of the secretary of state. [55 v. 13, § 12.] SEC. 125. Depositions taken upon interrogatories, upon notice or by consent, and affidavits taken before a commissioner of the state of Ohio, may be read in any suit or other proceeding in this state, and shall have the same effect as if taken before a magistrate or officer thereunto authorized within this state; and all certificates of acknowledgment and proof of execution made or granted by such commissioner shall have the same effect as if made or granted by such magistrate or officer; and such commissioner is entitled to charge and receive for his services under this chapter the following fees, and no more: For swearing each witness, twenty-five cents; for each one hundred words contained in any deposition and certificate or affidavit taken before him, ten cents; for authenticating, sealing up, and directing each deposition, one dollar; for authenticating each affidavit sworn to before him, one dollar; for taking the acknowledgment and proof of each deed or other conveyance, lease, contract, letter, or power of attorney, or other written instrument, two dollars; and any commissoner who charges or receives any fee or reward for an act or service done or rendered by him under this chapter greater than the amount herein limited, or who dishonestly or unfaithfully discharges any of his duties as such commissioner, shall be removed from office by the governor on complaint to him, and such proof as satisfies him that such commissioner is guilty of the official misconduct charged; and he shall forthwith notify the party of such removal, who is thereafter ineligible to reappointment to the office of commissoner of the state, and he may give such public notice of the removal as he deems necessary or advisable. [55 V. 13, § 13.] Effect of their of ficial acts: fees and penalties. missioners. SEC. 126. There shall be paid by each person receiving a commis- Fees to be paid by sion as notary public, the sum of one dollar; and by each person receiv- notaries and coming a commission as commissioner of the state of Ohio, the sum of three dollars. [55 v. 13, § 14.] Tit. III, Ch. 2. SECRETARY OF STATE. §§ 127-134. His official bond. Shall have charge uments. SEC. 127. The secretary of state, before entering upon the duties of his office, shall execute a bond to the state, in the sum of ten thousand dollars, with two or more sureties, to be approved by the attorneygeneral, conditioned for the faithful discharge of the duties imposed upon him by law this bond, with his official oath indorsed thereon, shall be delivered to the auditor of state, and be kept in his office. [44 v. 28, § 1.] : SEC. 128. He shall have charge of and safely keep all the laws and of laws and doc- resolutions heretofore passed by the territorial and state legislatures of Ohio, and all that shall hereafter be passed; and such other papers and documents as are or may hereafter be, in pursuance of law, deposited in his office. [29 v. 500, $ 39.] Shall furnish copies of laws and resolutions to the SEC. 129. He shall make accurate copies of all laws and resolutions of the general assembly, and deliver the same to the supervisor of supervisor of pub- public printing; and he shall cause to be printed at the end of each lic printing. volume of the laws his certificate that the laws and resolutions as printed therein are truly copied from the original rolls in his office. [29 v. 500, $ 40.] Shall countersign missions. SEC. 130. He shall countersign all commissions required by law to and register com- be issued by the governor, and shall keep a register of commissions issued, specifying the name of each person commissioned, the office conferred, and the date and tenure of the commission; and he shall cause all commissions and official papers to be printed with an engraved impression of the coat of arms of the state. [29 v. 500, § 41; 65 v. 175, $5.1 Shall prepare rules for county surveyors. Shall fix amount per required. SEC. 131. He shall prepare a code of rules or instructions for county surveyors, which, when approved by the governor, shall be printed, and a copy thereof furnished to each county surveyor, who, and their successors in office, shall be governed by the same in the discharge of their duties; and these rules may be revised, republished, and furnished as aforesaid, when necessary, and, when approved by the governor, shall supersede those before furnished. [74 v. 217, § 5.] SEC. 132. Annually, on or before the first day of August, the secreand grades of pa- tary of state shall ascertain and fix the amount and grades of all paper necessary for the printing of both branches of the general assembly and the state officers, and other public printing, for the period of one year from the first day of November. [70 v. 121, § 1.] Notice for proposals to be given, furnished. SEC. 133. When the amount and grades of paper be ascertained and fixed as aforesaid, the secretary of state shall give notice, weekly, and samples to be for four consecutive weeks, in three daily newspapers printed in, and of general circulation in, the state, immediately preceding the first Monday of September, setting forth that sealed proposals will be received at the office of the secretary, until twelve o'clock, noon, on the first Monday of September following, for furnishing such paper, and the secretary (on application being made) shall furnish samples of the grades of paper to be bid for. [70 v. 121, § 2.] Contents of proposals. SEC. 134. The proposals shall contain the price bid on each sample, as furnished by the secretary of state, and on the first Monday of September the same shall be opened by the secretary, and the contract by him awarded to the lowest bidder or bidders; but if, in the opinion of the secretary, it will be better to divide the contract and let a portion to one or more bidders, and the remaining portion to another bidder or bidders, he may do so. [70 v. 121, § 3.] |