Notes of pur- notes shall have the name of at least two persons signed surcties, certi- attorney, re- 34. Within ten days after making said sale, the sheriff shall return and file in the clerk's office of the circuit court of his county a report showing the name of the in the clerk's office as aforesaid, the clerk shall post a notice of that fact at the front door of the court house, thereof at front and shall state therein that exceptions may be filed to said report with the clerk of the circuit court. If before the first day of the term of the circuit court beginning after the filing of said report, any person shall file except- ions thereto, and the said exceptions shall be accompained by a bond with two or more good securities, conditioned that if a re-sale be ordered the person who files said ex- ceptions will at the second sale give for the claim or account a sum ten per cent greater than the amount for which it first sold, and will pay all the cost of advertising and making re-sale, then the court may in its discretion set such sale 35. In cases where no exceptions are filed to the report, the court shall confirm the sale, and within twenty days Clerk to certify report and cou to the auditor a copy of said report and the order of con- 36 Within thirty days after the confirmation of said mit money and report the sheriff shall transmit to the auditor a certificate notes from such of deposit for the amount received by him in cash, and also any notes which may have been executed for the bal- lance of purchase money, and in ca-e of the failure of per- sons who execute such notes to pay the same when due, it Auditor's duty shall be the duty of the auditor to proceed to enforce the when purchaser collection thereof, in the same manner that other claims 37. The purchaser of any accounts or claims so sold Rights of pur- under the provisions of this act, shall have the same right But in case there be any error in any account or claim State not liable sold under this act, or it shall appear that the officers against whom the claim is, is entitled to credits, which do not appear upon the account or claim, the purchaser shall 38. The sheriff for performing the duties required of Compensation him by this chapter, shall be allowed five per cent. on the of sheriff, under first one hundred dollars and two per cent. on the residue. this chapter. The costs of publishing notice in a newspaper, shall be paid How publishing out of the proceeds of such sale. notice paid. Certain trans declared fraud 39. In any proceeding had under the provisions of this chapter against sheriffs or collectors and their sureties, or fers, alienations any, or either of them for money due the state, any trans- and assignments fer, assignment or alienation of property, real or personal, ulent and void. or any judgment or decree obtained against or suffered by such sheriff or collector and their sureties or either of them after service upon them. respectively, of summons or notice shall be deemed fraudulent or void as to any judgment that may be thereafter rendered in favor of the state in pursuance of such summons or notice. But this section shall not apply to a bona fide purchaser, of any such property, without notice. auditor may claims due state. 40. Whenever it shall appear to the satisfaction of the auditor that the sureties of a defaulting sheriff, will be com. How and when pelled to pay the amount of the indebtedness of such settle with sheriff, he may, with the advice and consent of the attor- sureties on ney-general, settle with such suroties, by receiving the amount of the principal, with interest thereon at the rate of six per centum per annum. Provided, That the sureties will pay the amount into the treasury before the suit is brought. Acts Repealed. Proviso. Inconsistent 2. All acts and parts of acts coming within the purview acts repealed. of this act, and inconsistent thorewith, are hereby repealed. [Approved February 17, 1882.] [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.] The foregoing act takes effect at the expiration of ninety days after its pussage. CHAPTER XIX. AN ACT to authorizo the auditor to transfer the claim of the state against the Merchants' Bank of Charleston. [Passed February 9, 1882]. Be it enacted by the Legislature of West Virginia: Claim of state 1. That the auditor is hereby authorized to transfer and against Merchants Bauk, assign without recourse to any person or persons who may Charleston be willing to purchase the same, the claim of the state Auditor authoragainst the Merchants' Bank of Charleston; provided that without re the said transfer and assignment shall not be made until Proviso. ized to assign Lourse. the sum of twenty thousand dollars, as of January one, one thousand eight hundred and eighty-two, is paid for such claim; and provided, also, that the taxed costs paid and incurred by the state in prosecuting said claim against said bank and its sureties are also paid. [Approved February 17, 1882]. [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES]. The foregoing act takes effect from its passage, twothirds of the members elected to each house, by a vote taken by yeas and nays, having so directed. CHAPTER XX. AN ACT to amend and re-enact chapter fifty-one of the code of West Virginia, concerning notaries public and commissioners out of the state. [Passed February 14, 1882). Be it enacted by the Legislature of West Virginia: 1. Chapter fifty one of the code of West Virginia be, Code amended; and the same is hereby amended and re-enacted so as to chapter 51. read as follows: CHAPTER LI. Notaries to con Notaries Public and Commissioners out of the State; Of the 1. The notaries now in office shall continue therein until tinue in office, removed in the manner prescribed by law. until removed. 2. The governor shall appoint and commission so many Notaries; how notaries in this state and for such counties as he may deem appointed and commissioned. proper, who shall hold their office respectively during good behavior, but may be removed, or their office vacated pur. suant to the third and tenth sections of chapter seven, or the twenty-first and twenty-second sections of chapter ten of this code. May administer oaths and take depositions. May take acknowledg Their Powers. 3. When any oath may lawfully be administered, or affidavit or deposition taken, within any county, it may be done by a notary thereof, unless otherwise expressly provided by law. 4. A notary, under the regulations prescribed by law, may take within his county acknowledgments of deeds ment of deeds in and other writings, and the privy examination of married women respecting the same. He shall also be a conserva his county. tor of the peace within his county, and as such conserva. Shall be contor shall exercise all the powers conferred by law upon servator of justices of the peace. peace, powers as such. 5. The certificate of a notary of this state in the cases When signature specified in the two preceding sections may be under his of, without seal, signature, without his notarial seal being affixed thereto. sufficient. Power to de ance of bills of 6. Notaries shall have authority to demand acceptance of foreign and inland bills of exchange, including checks, mand acceptand to demand payment thereof, and of negotiable prom- exchange, etc., issory notes, and protest the same for non-acceptance or and negotiable non-payment, as the case may require; and perform such paper, etc., and other duties as by the law of nations or commercial usage Other duties. may be performed by notaries public. Effects of Protests, etc., as Evidence. protest same. 7. The protest in the case of a bill of exchange or negotiable promissory note shall be prima facia evidence of facie evidence in Protest; prima what is stated therein (or at the foot or on the back thereof, certain cases. if signed by the notary), in relation to presentment, dishonor, and notice thereof. Preservation of Notarial Records and Papers. papers; how 8. On the death of a notary, or the termination of his On death or office by resignation, removal from office or otherwise, removal of his records and official papers shall be deposited in the notary; official office of the clerk of the county court of the county; and preserved. copies thereof certified by such clerk shall have the same effect as it certified by the notary. Failure to de therefor. 9. A notary who for three months after the termination of his office, neglects so to deposit his records and official posit records papers, and the personal representative of a deceased and penalty notary, who for three months after his qualification as such representative, neglect so to deposit the records and official papers of the deceased which have come to his hands or control, shall each forfeit a sum not exceeding five hundred dollars. Penalty for 10. Whoever knowingly destroys, defaces, or conceals the records or official papers of a notary, shall forfeit a destroying, desum not exceeding one thousand dollars, and be liable in facing or condamages to any person injured thereby. Appointment, &c., Of Commissioners out of the State. cealing a notary's papers. 11. The governor shall appoint out of this state and Provision for within the United States, so many conmissioners, and for appointment, such states, territories and districts as to him shall seem etc., of commisproper, who shall hold their offices for four years, unless this state. SOODer removed by the governor; and the commissioners now in office shall continue therein until the first day of sioners out of be communi January, one thousand eight hundred and eighty-five, unless sooner removed in the manner prescribed by law. Appointment to The governor shall within thirty days after the begincated to legisla- ning of each regular session of the legislature, communicate to it the name and residence of each person holding office under such appointment, and the same shall bo published with the acts of the legislature. ture. Oaths administered by conimissioners. Acknowledg menis by them. Seals; commis sioners must provide them what same must selves with; show. Their Powers. 12. When any oath may lawfully be administered, or affidavit or deposition taken, within the state, territory or district for which any such commissioner is appointed, to be used in this state, it may be done by such commissioner. 13. The said commissioners under the regulations prescribed by law, may take within the states, territorics, and districts respectively, for which they are appointed, the acknowledgments of deeds and other writings and the privy examination of married women respecting the same, to be admitted to record in this state. Their Seals and Certificates. 14. Every such commissioner shall provide an official scal, in which shall be designated his name and residence, and the words, (either at length or by intelligible abbreviations), "commissioner for West Virginia in" (bere insert the name of the state, territory or district for which he is appointed); an impression of which scal, together with his signature, shall be forthwith transmitted to, and filed in the office of the secretary of state. 15. Every certificate of such commissioner shall be auCertificate; how tenticated by his signature and official seal. authenticated. ry of state paid commissioners. Fees to be Paid by Notaries and Commissioners to the Secretary of State. 16. The secretary of state shall be entitled to receive a Fees to secreta- fee of two dollars and fifty cents from every person apby notaries and pointed notary as aforesaid, and of five dollars from every person appointed commissioner as aforesaid, for making out and transmitting their commissions to them. It shall bo the duty of the secretary to forward to every such commissioner a copy of this and the five preceding sections. Duty of secre tary of state as to this act. Inconsistent acts repealed. Acts Repealed. 2. All acts and parts of acts coming within the purview of this act and inconsistent therewith are hereby repealed. [Approved February 17, 1882]. [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES]. The foregoing act takes effect at the expiration of ninety days after its passage. |