to demand payment and give strict notice of nonpayment. Reasonable notice of the dishonor of the note is all that he is entitled to. Idem. Contract of guaranty, though made at the time of the principal contract and upon the same consideration, must, nevertheless, be in writing, signed by the party to be charged, and must express the consideration which sustains it. Idem. When there is anything on the face of a note or bill of exchange showing that the party signing is acting for another, and not himself, parol testimony may be introduced to bind the principal. Gillig v. Lake Bigler Road Co., 2 Nev. 214. A party can only be bound on a note executed in a firm name who is actually a member of the firm executing the same, or has held himself out as a member so as to give the firm credit on his responsibility. Sargent v. Collins, 3 Nev. 260. Where a note is made by A to B, and by B indorsed to C, B is a regular indorser and entitled to all rights, and only subject to the liabilities of an indorser, although it may have been agreed in advance of the execution of the note that A was to make, and B to indorse the note, for the benefit of C. Heintzelman v. L'Amoroux, 3 Nev. 377. There must be two parties to every promissory note: a maker and a payee. If the payee is not in esse, there is no note. Wayman v. Torreyson, 4 Nev. 124. Note payable to fictitious payee not good. Idem. Notes of municipal corporation, when binding. Douglass v. Virginia City, 5 Nev. 147. An order in the form of an inland bill of exchange not upon any particular fund is not, before acceptance, an assignment, and does not create any lien in favor of the holder upon funds of the drawer in the hands of the drawee. Jones v. P. W. L. & F. Co., 13 Nev. 359, 373 (29 A. R. 308). Consideration of note given by agent when sufficient. Estis v. Simpson, 13 Nev. 472. Where a surety pays a promissory note, and has the same assigned to him, and commences an action under the note: Held, that he is entitled to maintain an action of implied assumpsit for the amount paid, but he cannot sustain an action upon the note. Frevert v. Henry, 14 Nev. 191. Where the notes are given in the firm name the legal presumption is, that they were executed for a partnership purpose, and the burden of proof is upon defendants to establish the contrary. Davis v. Cook, 14 Nev. 265. A pledgee of a negotiable note, as collateral security, is entitled to be protected as a bona fide holder to same extent as one who becomes the absolute owner, and may maintain suit therein in his own name as the real party in interest. The only difference between the rights of such parties is that the absolute owner may recover in full, while the pledgee, if there be equities, is restricted to the extent of his advances. Hayden v. Nicoletti, 18 Nev. 290, 298 (3 P. 473). A negotiable note, payable to two or more persons jointly, is no evidence that it is owned in partnership; nor is the fact that such note is in the actual possession of one of the payees such evidence. Evidence reviewed: Held, that no partnership or agency existed between the payees of the notes in question. Idem. Title to a negotiable note, payable to order, passes only by indorsement and delivery. Idem. A negotiable note, payable to two or more persons jointly, indorsed by only one of the payees, is subject to any equities in favor of the maker, the same as though it had not been indorsed by either. Such a note is payable to all the payees, or to their joint order, and cannot be transferred except by the joint indorsement of all the payees. Idem. When the powers of a corporation to borrow money and to execute and put into circulation its negotiable paper are only implied and incidental, such powers are not to be likely inferred as existing in its officers, nor are such officers justified in exceeding their instructions from the board of trustees, or those contained in the by-laws. Edwards v. Carson Water Co., 21 Nev. 469 (34 P. 381). Evidence reviewed, and held that the note in suit does not bind respondent because it was executed without authority, and also because it was executed without any consideration received by respondent. Idem. When affirmative authority from a board of trustees of a corporation is necessary to authorize its officers to execute its promissory note, the same character of authority is required to enable them to lawfully renew such note. Idem. Where a note has been regularly endorsed and delivered by the payee to the endorsee, neither the maker of the note nor his creditors can challenge the right of the endorsee to receive payment thereof, upon the grounds that the endorsement was made causa mortis, and that the gift had been subsequently revoked by the recovery of the donor. Only the donor or his legal representatives could make such defense. Hulley v. Chedic, 22 Nev. 128 (58 A. S. 729, 56 P. 783). In an action to recover on several promissory notes, defendants being liable on all of them, an error in applying a partial payment on a. particular note is immaterial. Springer v. Pritchard, 22 Nev. 314 (39 P. 1009). After reciting facts it was held that in an action on the notes claimed to have been fraudulently obtained, a verdict in favor of defendant was sustained by the evidence on the ground that plaintiff was not an innocent purchaser, without notice of the fraudu lent representation. Swinney v. Patterson, 25 Nev. 411 (62 P. 1). An Act to designate the holidays to be observed in the acceptance and payment of bills of exchange and promissory notes. 2744. Holidays designated. Approved October 30, 1861, 1 SECTION 1. The following days, namely: The first day of January, Washington's Birthday, or the twenty-second day of February, the fourth day of July, Thanksgiving Day on the proclamation of the governor, the twentyfifth day of December, commonly called Christmas Day, shall for all purposes whatsoever as regards the presenting for payment, or acceptance, and of the protesting and giving notice of the dishonor of bills of exchange, checks, and promissory notes, made after the passage of this act, be treated and considered as is the first day of the week, usually called Sunday. Three days, commonly called days of grace, shall be allowed, except on sight bills or drafts; and any one of the holidays specified in this act coming within the three days of grace shall be counted as one of such days. NOTARIES PUBLIC Providing for appointment of notaries public and defining their duties, sections 2745-2761. Providing for appointment of notaries public, fixing term of office and enlarging territory in which they may act, sections 2762-2764. An Act to provide for the appointment of notaries public, and defining their duties. Approved February 9, 1864, 46 2745. Fees to be paid for commission. 2746. Oath and bond. 2747. Powers and duties-Relative to commercial paper. 2748. May protest bills of exchange. 2749. Power to take and certify to acknowledgments. 2750. Depositions and affidavits. 2751. Record to be kept. 2752. Record of instruments. 2753. Seal to be kept. 2754. Certified copy of record. 2755. Protests of notes and bills of exchange -Evidence of same. 2756. Penalty for neglect of duty. 2757. Removal, records delivered to recorder 2758. To deliver records to successor. 2760. Fees. 2761. Act repealed. [Section 1 repealed 1879, 45, see secs. 2385-2402.] 2745. Fees to be paid for commission. SEC. 2. Each notary public, before he enters upon the duties of his office, and at the time he receives his commission, shall pay to the secretary of state the sum of ten dollars for the state library fund, and shall take the official oath as prescribed by law, which oath shall be endorsed on his commission, and shall enter into a bond to the State of Nevada in the sum of two thousand dollars, to be approved by the district judge of the county for which said notary public may be appointed. As amended, Stats. 1865, 408; 1883, 82. 2746. Oath and bond. SEC. 3. The bond, together with his oath of office, shall be filed and recorded in the office of the county clerk of said county. As amended, Stats. 1911, 361. 2747. Powers and duties relative to commercial paper. SEC. 4. Notaries public shall have authority to demand acceptance and payment of foreign and domestic bills of exchange, and to protest the same for nonacceptance and nonpayment, and to exercise such other powers and duties as by the laws of nations, and according to commercial usages, or by the law of any state, territory, or country, may be performed by notaries public. 2748. May protest bills of exchange. SEC. 5. They may also demand acceptance of inland bills of exchange, and payment thereof, and of promissory notes, and may protest the same for nonpayment, or nonacceptance, as the case may require. 2749. Power to take and certify to acknowledgments. SEC. 6. Each notary public shall have power to take and to certify to the acknowledgment or proof of powers of attorneys, mortgages, deeds, and other instruments of writing, the acknowledgment of any conveyance, or the instrument of writing executed by any married woman, or to give a certificate of such proof or acknowledgment, which certificate shall be indorsed on the said deed or other instrument, or attached thereto. 2750. Depositions and affidavits. SEC. 7. Each notary public shall also have power and authority to take depositions and to administer oaths and affirmations in all matters incident or belonging to the duties of his office, and to take affidavits to be used before any court, judge, or officer in this territory. Secs. 7, 8, and 9 cited, State v. Cal. M. Co., 13 Nev. 215. 2751. Record to be kept. SEC. 8. Each notary public shall keep a correct record of all his official acts, done and performed by him under and by virtue of the authority conferred by sections 4 and 5 of this act. See secs. 1098-1099. 2752. Record of instruments. SEC. 9. Each notary public shall also keep a correct record, wherein he shall enter the name or character of any instrument acknowledged or proved before him, as provided in section 6 of this act, together with the date of the same and the parties thereto, as the same appears therein. 2753. Seal to be kept. SEC. 10. Each notary public shall provide a notarial seal, an impression of which shall be made on his official bond, on which shall be engraved the name of the county for which he is commissioned, and the initials of the territory, the name of the notary, and the words "Notary Public," with which he shall authenticate all his official acts, which seal together with the register and official documents, shall not be liable to be seized on execution. 2754. Certified copy of record. SEC. 11. Each notary public when required, shall give a certified copy of any record in his office to any person upon payment of the legal fees therefor; and any certificate or instrument, either printed or written, purporting to be the official act of a notary public under his seal and signature, shall be received in any county in this territory as prima facie evidence of the official character of such instrument, and of the truth of the facts therein set forth. Where parties to a suit agreed that a deposition may be taken at a certain place during a certain month, before T, a notary public in another state, the deposition certified by T, made under his official seal as a notary, may be read by either party with out other proof that T was a notary when the deposition was taken. The seal is prima facie evidence of his official character (Johnson, J., dissenting). Sargent v. Collins, 3 Nev. 280, 287, 288. 2755. Protests of notes and bills of exchange-Evidence of same. SEC. 12. The original protests of a notary public, under his hand and official seal, of any bill of exchange or promissory note, for nonacceptance or nonpayment, stating the presentment by him of such bill of exchange or note for acceptance or payment, and the nonacceptance or nonpayment thereof, and the service of notice on any or all of the parties to such bill of exchange or promissory note, and specifying the mode of giving such notice, and the reputed place of residence of the party to such bill of exchange or promissory note to whom the same was given, and the postoffice nearest thereto, shall be prima facie evidence of the facts contained therein. The certificate of a notary public, drawn from his record, stating the protest and the facts therein contained, shall be evidence of the facts in like manner as the original protest. See secs. 2665, 2699 2717. 2756. Penalty for neglect of duty. SEC. 13. For any misconduct or neglect in any of the cases in which any notary public appointed under the authority of this territory, is authorized to act, either by the law of this territory, or of any state, territory, or country, or by the law of nations, or by commercial usage, he shall be liable on his official bond to the parties injured thereby, for all the damages sustained; and for any wilful violation or neglect of duty, any notary public shall be subject to criminal prosecution, and may be punished by fine not exceeding two thousand dollars, and removal from office. 2757. Removal-Records delivered to recorder for successor. SEC. 14. If any notary public die, resign, be disqualified, or removed from office, or remove from the county for which he is appointed, his records and all his public papers shall, within sixty days, be delivered on demand to the recorder of the county, whose duty it shall be to demand the same within that time, who shall deliver them to the successor of the said notary when qualified. 2758. To deliver records to successor. SEC. 15. When the term of office of any notary public expires, and his successor is appointed and qualified, he shall deliver his records and public papers to such successor on demand. 2759. Certified copies. SEC. 16. Any notary public having in his possession the records and papers of his predecessor in office, may grant certificates or give certified copies of such records and papers, in like manner and with the same effect as such predecessor or predecessors could have done. 2760. Fees. SEC. 17. Each notary public shall receive such fees for his services as may be allowed by law. For fees of notary, see secs. 2004, 2018. 2761. Act repealed. SEC. 18. An act concerning notaries public, approved November twentyninth, eighteen hundred and sixty-one, is hereby repealed, such repeal to take effect on the first day of March, eighteen hundred and sixty-four, on which day the commissions of the officers appointed under said law shall be revoked, and they shall deliver their records and all their public papers to the recorder of the county for which they may have been appointed. An Act providing for the appointment of notaries public, fixing their term of office, and enlarging the territory within which they may act. SECTION 1. The governor is hereby authorized and empowered to appoint and commission notaries public in and for the several counties in this state, in any number in which applications may be made to him, without limit. 2763. Term of office. SEC. 2. The term of office of a notary public shall be four years; provided, the governor may at any time, for cause, revoke the commission of a notary public. 2764. Acts legal anywhere in state. SEC. 3. All notaries public may hereafter take acknowledgments of deeds, administer oaths and perform all other notarial acts and functions at any place within this state. All acts of any notary public hereafter performed anywhere within this state shall be of the same force and validity as if performed within the county for which he was appointed and in which he resides. The notaries heretofore appointed shall continue in office until the expiration of their terms under conditions of the existing law at the time of their appointment. OFFICERS GENERALLY Relating to officers, their qualifications, times of election, terms, duties, resignations, removals, vacancies and modes of supplying the same, misconduct in office and to enforce official duty, sections 2765-2847. Authorizing officers to appoint deputies, sections 2848-2850. Providing for removal from office, sections 2851-2854. Providing for examination and auditing of books and accounts of certain officers, sections 2855-2860. To prevent drunkenness in office, sections 2861-2863. To authorize fees and salaries of officers to be taken in attachment and execution, and to prohibit assignments to defraud creditors, sections 2864-2866. CONSTITUTIONAL PROVISIONS Office Who ineligible to, sections 250, 266-268, 371. Who disqualified by crime from holding, sections 250, 371. Of governor, who eligible, section 296. Of other state officers, who eligible, section 312. Judges ineligible to other than judicial, section 326. Tenure of, may be declared, section 379. Females may be eligible to, in certain cases, section 371. Officers Certain judicial, not to receive fees, section 325. Who impeachable, sections 335, 336. Liable to punishment, whether convicted or not upon impeachment, section 335. Not provided by constitution, how removed, section 337. Certain, not receive perquisites, sections 325, 398. State, terms of, sections 295, 310, 312. Justices of supreme court, election and terms of, section 318. Of counties, towns, cities and villages, how supported, section 405. Offices County officers, to hold at county-seat, section 375. State officers, to be kept at seat of government by certain, section 380. Official bonds, sections 2868-2890. Official oath, sections 370, 2891. |