§ 135. Powers and duties; in general; of notaries public who are attorneys at law.
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§ 135. Powers and duties; in general; of notaries public who are
attorneys at law. Every notary public duly qualified is hereby
authorized and empowered within and throughout the state to administer
oaths and affirmations, to take affidavits and depositions, to receive
and certify acknowledgments or proof of deeds, mortgages and powers of
attorney and other instruments in writing; to demand acceptance or
payment of foreign and inland bills of exchange, promissory notes and
obligations in writing, and to protest the same for non-acceptance or
non-payment, as the case may require, and, for use in another
jurisdiction, to exercise such other powers and duties as by the laws of
nations and according to commercial usage, or by the laws of any other
government or country may be exercised and performed by notaries public,
provided that when exercising such powers he shall set forth the name of
such other jurisdiction.
A notary public who is an attorney at law regularly admitted to
practice in this state may, in his discretion, administer an oath or
affirmation to or take the affidavit or acknowledgment of his client in
respect of any matter, claim, action or proceeding.
For any misconduct by a notary public in the performance of any of his
powers such notary public shall be liable to the parties injured for all
damages sustained by them. A notary public shall not, directly or
indirectly, demand or receive for the protest for the non-payment of any
note, or for the non-acceptance or non-payment of any bill of exchange,
check or draft and giving the requisite notices and certificates of such
protest, including his notarial seal, if affixed thereto, any greater
fee or reward than seventy-five cents for such protest, and ten cents
for each notice, not exceeding five, on any bill or note. Every notary
public having a seal shall, except as otherwise provided, and when
requested, affix his seal to such protest free of expense.