Qlnrtif II Cam ^rtyonl ffiibtary 
 
Cornell University Library 
 KFM4726.N6R85 
 
 Rouech's manual of ,the ,rlah s. duties an 
 
 3 1924 024 688 552 
 
The original of tiiis book is in 
 the Cornell University Library. 
 
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RouECH's Manual 
 
 OF THE 
 
 RIGHTS, DUTIES' AND LIABILITIES 
 
 NOTARIES PUBLIC 
 
 UNDER THE COMMON LAW AS MODIFIED BY THE 
 STATUTES OF 
 
 MICHIGAN 
 
 AUGUST E. ROUECH 
 
 THE RICHMOND & BACKUS CO., 
 
 DETROIT, MICH. 
 
 1900. 
 
Entered according to the Act of Congress in the year 1900, by 
 
 AUGUST E. ROUECH. 
 
 in the office of the Librarian of Congress, at Washington, D. C. 
 
TABLE OF CONTENTS. 
 
 REFERENCES ARE TO PAGE. 
 
 CHAPTER I. 
 History of the Office 1 
 
 CHAPTER II. 
 Who eligible to the Of&ce 6 
 
 CHAPTER III. 
 The Officer. 
 
 Part 1, Appointment 7 
 
 Part 2, The Commission 9 
 
 Part 3, Qualifying ,. . . 9 
 
 Part 4, Jurisdiction 10 
 
 Part 5', Authority .,. , 11 
 
 Part 6, Removal 'from Office 14 
 
 Part 7, Records 14 
 
 CHAPTER IV. 
 Functions of the Office. 
 
 Part 1, Acknowledgments 16 
 
 Part 2, Commercial Papers 27 
 
 Part 3, Affidavits 58 
 
 Part 4, Depositions 69 
 
 CHAPTER V. 
 Marine Protests 85 
 
 CHAPTER VI. 
 «eal '. 89 
 
 CHAPTER VII. 
 Liability. 
 
 Part 1, Liability for Negligence 91 
 
 Part 2, Diligence Required 94 
 
 CHAPTER VIII. 
 Fees 96 
 
 APPENDIX. 
 Forms 98-184 
 
ROUECH'S MANUAL. 
 
 OF THE RIGHTS, DUTIES AND LIABILITIES 
 OF NOTARIES PUBLIC. 
 
 CHAPTER I. 
 HISTORY OF THE OFFICE. 
 
 A notary public is a public official authorized to attest signa- 
 tures in deeds, contracts, affidavits, declarations, etc., and espe- 
 cially such as are to be sent to foreign countries ; note and protest 
 bills of exchange, draw up protests, administer oaths, etc. 
 
 The office of notary is a very ancient one. The title is traced 
 to the latin word notarius, which signifies one who takes notes or 
 drafts of what was said by another, or of proceedings in the senate 
 or a court. The occupation of the notarius scarcely suggests that 
 of the present notary. Under the old Roman law there were cer- 
 tain officers called Tabellios, who reduced tO' writing, in proper 
 form, agreements, contracts, wills and otther instruments and wit- 
 nessed their execution. The term tabellio is derived from the latin 
 tabula, which, in this sense, signifies those plates or tables covered 
 with wax which were there used instead of paper. These ancient 
 officers employed persons to take notes of trials and proceedings, 
 of contracts, agreements, etc., whicli work was originally per- 
 formed by slaves. The people so employed were called fiotarius, 
 one who makes notes. 
 
 The office of tabelliones differed from that of the notarii in 
 many respects. A tabellio had judicial jurisdiction in some cases, 
 and from their judgments there -was no appeal. Notaries were 
 then the clerks or aiders ot the tabelliones ; they received the 
 
 (>) 
 
2 Rouech's Manual. 
 
 agreements of parties, taking tliem down in short notes, and such 
 agreements or contracts were not binding until they were written 
 out in their fullest extent, which was done by the tabelliones, who 
 delivered them to the parties to be signed and sealed. The tabellio 
 had to be present at the execution of such instruments, and affix 
 his signature land the date, a duty almost precisely like that of the 
 notary public of to-day. Notaries were not then considered as 
 public officers, but as scribes, although they bad a quasi public 
 ■ position as shorthand writers in the Roman senate, taking notes of 
 the speeches delivered in that body. The tabelliones drew up 
 legal documents and statements that were to be sent to the courts 
 or presented to the different civil auhorities. They formed a 
 regular guild, and one of the constitutions of Diocletian prescribed 
 their fees. The government regulated them to the extent of pre- • 
 scribing the terms of admission to their body and of removal from 
 it, and laws were made to define the legal effect of instruments 
 framed by them. 
 
 As the notarii increased in ability they gradually separated 
 from their masters, the tabelliones, and set up offices for them- 
 selves. They began to act as private secretaries to the Emperors 
 and to imperial embassadors. Finally they took the places of the 
 tabelliones, who were almost entirely suppressed. The title of 
 Tabelliones was revived in the French civil law, but the relation of 
 such officers to the notary was reversed. In Judge Campbell's 
 history of Michigan he speaks of Robert Navarre as Notaire 
 Royal at Detroit in 1760, and he and Baptiiste Campau are spoken 
 of as acting together as notaries, the latter performing apparently 
 the duties of Tabellion, or notarial clerk and registrar. 
 
 Notaries existed in England before the conquest, and the office 
 is frequently referred to in history and literature. They are con- 
 sidered as law agents. By common consent of merchants and 
 recognition of the courts of all nations, actions of notaries have 
 long had peculiar weight and respect attached to them. In that 
 country, a notary, before he can act, must, by indentures of ap- 
 
Rouech's Manuae. 3 
 
 prenticeship, have been bound to serve for the term of seven years 
 as a clerk or apprentice to a duly admitted and practicing public 
 notary, or to a scrivener, who is also a notary by the custom cf 
 London, and such indenture must have been duly stamped as an 
 indenture of apprenticeship ; he must also have continued in such 
 service, and be actually employed during the whole term, and he 
 must bona fide and exclusively serve such notary in his depart- 
 ' ment. In order to be admitted to practice a faculty, license or 
 authority is to be obtained from the Court of Faculties. Any un- 
 authorized person acting as a notary for profit, is subject to a 
 penalty of £50. Proctors, and the secretary to any bishop, and 
 certain other persons, were exempted from the requirements above 
 mentioned. And later acts provide that they should not extend 
 ' to registrars or solicitors of universities ; and also exempts attor- 
 neys and solicitors and proctors from the necessity of serving an 
 apprenticeship to a notary before they can act as notaries at any 
 place distant from London more than ten mile.'-; but then they 
 must be admitted so to practice by the Court of Faculty. 
 
 The notaries of England have always considered themselves 
 authorized to administer oaths, and the act of S and 6 Will. IV., 
 has placed it beyond doubt. In the United States they do not 
 exercise the power unless authorized by statute, except in cases 
 where the oath is to be used out of the State or in the courts of the 
 United States. 
 
 As early as A. D. 803 notaries were appointed by the Frankish 
 kings and the popes, and during the middle ages by the emperors 
 and popes, or under their immediate authority. In 13 12 King- 
 Phillip the Fair, of France, limited their creation to prelates, 
 barons, and those to whose estates the right of appointment be- 
 longed as an ancient appurtenance. After that time the French 
 notary had, to some extent, a quasi judicial character, and could 
 insert in the memoranda of obligations a clause granting summary 
 execution to the creditors in the case of the non-fulfillment of the 
 contract. This voluntary jurisdiction was taken away by the 
 
4 Rouech's Manual. 
 
 republic, and they now represent the state ; yet they are often em- 
 ployed under the direction of the courts in making inventories, 
 and in the distribution of estates, and they report to the courts 
 what has been done. They also perform the notarial acts required 
 by law in respect to wills, etc. ; they make all contracts, mortgages 
 and other deeds and conveyances where the property amounts to 
 over 150 francs ($30.00). They keep strict registers of all their 
 legal acts and are responsible to the public f<>r the preservation of 
 it, and, like the old tabellio, they keep the original drafts of agree- 
 ments and furnish copies to the parties Concerned ; if a contract- 
 ing party loses his copy of a contract, he finds the original with 
 the notary. They hold office for life unless removed by judicial 
 decree. They are public witnesses for any who want their testi- 
 imony, and the great witnesses of the government. This, in real- 
 ity, has been the basis of their official character everywhere for 
 centuries, and in this capacity they are frequently recognized in 
 literature. Lord Bacon, in his fragmentary sketch of the New 
 Atlantis, relates that when those who were in pursuit of it came 
 near the land they were challenged by some of the inhabitants, 
 who refused to let the travelers land unless they would swear that 
 they were no pirates. The travelers being ready to take the oath, 
 whereupon one of those who were with the chief man of the party 
 of inhabitants being, as it seemed, a notary, made entry of the act. 
 Donne, in an ode to the Countess of Huntington, said : "So I, 
 but your recorder, am in this * * * g. ministerial notary." 
 When La Salle took possession of Louisiana in the name of Louis 
 XIV., he protested against any further invasion of that territory 
 by any other nation, which protestation he made orally in the pres- 
 ence of a party of French and savages, and he closed by saying : 
 "Of which, and all else that is needful, I hereby take to witness 
 those who hear me, and demand an act of the notary here present." 
 Though their certificates are not now absolutely incontestible, 
 they are of great force as evidence, and were so in the Elizabethan 
 era, as indicated by Massinger in 'his play, "A New Way to Pay 
 Old Debts," wherein Sir Giles Overreach is made to say : 
 
Rouech's Manual. 5 
 
 "And for thy master, 
 Thy liberal master, my good honest servant, 
 . I know thou wilt swear ahything to dash 
 This cunning slight: besides^ I know thou art 
 A notary public, and such stand in law 
 For a dozen witnesses." ' 
 
 Thus trying to persuade Marsall, one of his hangers-on, to swear 
 through a fraudulenit claim of his. Shakespeare also recognized 
 the weight and force of an instrument duly sealed by a notary 
 when he makes the shrewd and grasping Shylock to say to An- 
 tonio : "Go with me to a notary ; .seal me there your single bond." 
 
 Notaries have not always been created as readily as they now 
 are in the United States, and appointments then cost a good deal, 
 as the certificate of admission of a notary formerly had to be on a 
 £2,0 stamp, and every notarial act on a Ss. stamp. The time has 
 been in the United States when notaries were so scarce as to make 
 the office one of importance, but to-day, in some States, a notarial 
 act is scarcely more than a form. 
 
 Notaries exist in every country of Europe, and their powers 
 and duties are prescribed by the respective laws thereof and by 
 the civil and mercantile law. All official acts done by them which 
 fall within the rules of law merchant are respected under the law 
 of nations. Their protest of a bill is received as evidence in the 
 courts of all civilized countries. 
 
CHAPTER II. 
 WHO ELIGIBLE TO THE OFFICE. 
 
 It is required that the notary be a citizen^ of the State in which 
 he is to act, and that he be of good moral character. In some 
 States a certain length of residence is required before one can 
 qualify as a notary. It seems that it is not necessary, in the ab- 
 sence of statute to the contrary, that one should be of the age of 
 21 years in order tO' be eligible to the office, but, inasmuch as a 
 bond is usually required of the person appointed before he can 
 qualify, and whereas the bond of. a minor is worthless, such are 
 generally barred from the office. In some States it has been held 
 that women are not eligible to the office, while in others no quali- 
 fications as to sex or profession are prescribed as a condition to 
 holding the office. In Michigan, the statute provides that the 
 applicant for appointment shall be twenty-one years of age, a resi- 
 dent of the county of which, he or she desires to be appointed a 
 notary, and a citizen of the State. ^ 
 
 In some States certain persons are declared to be ineligible to 
 the office, as, in Ohio, no banker, broker, cashier, teller or clerk 
 of any bank, banker or broker can hold the office. And in Indiana 
 no person holding a lucrative office, or being an officer in any 
 bank, corporation or association possessed of any banking powers, 
 can-be a notary public ; and his acceptance of any such office will 
 vacate his appointment as notary. 
 
 I.— Miller's C. L., 2629. 
 
CHAPTER III. 
 
 
 THE OFFICER. 
 
 Part I. 
 
 Appointment. 
 
 Part 2. 
 
 The Commission. 
 
 Part 3. 
 
 Qualifying. 
 
 Part 4. 
 
 Jurisdiction. 
 
 Part 5- 
 
 Authority. 
 
 Part 6. 
 
 Removal from office. 
 
 Part 7. 
 
 Records of Notary Public. 
 
 PART I.— APPOINTMENT. 
 In England, notaries are appointed by the Court of Faculties, 
 while in the United States, in nearly every, State, the notary re- 
 ceives his appointment from the executive, in some cases with the 
 consent or approval of the leigislative, usually the senate. In 
 Michigan the power to appoint is with the governor alone,^ and 
 such appointment has always been considered as one of State mat- 
 ter rather than county. His certificate is not fatally defective if 
 the designation of the county' is omitted.^ Even in cases where 
 the appointment is subject tO' confirmation or rejection by the 
 legislative senate, if made during a session of that body, the ap- 
 pointment may also be made when the legislature is not in session." 
 Reappointment must be secured in the same way as an original 
 appointment. In some States certain .puiblic officers are consti- 
 tuted notaries by virtue of their office. A written application, 
 stating the age of the applicant, endorsed by a member of the 
 legislature, or some circuit or probate judge of the county, district 
 or circuit of which the applicant is a resident, shall be presented 
 to the governor, accompanied with a fee of one dollar.* Blank 
 applications are furnished by the Secretary of State upon applica- 
 tion, and are in the following form : 
 
 I.— Miller's C. L., 2629. ' 
 
 2. — Sullivan vs. Hall, 86 Mich., 712. 
 3.~Miner's C. L., 1168. 
 4. — Miller's C. L., 2629. 
 
8 Rouech's Manual. 
 
 Form No. i. — Application for Appointment as Notary Public. 
 
 ,I9-- 
 
 Hon , Governor, 
 
 1 Lansing-, Michigan: 
 
 Dear Sir — The undersigned hereby makes appHcation for appoint- 
 ment as Notary Public, for the county of , and represents, in 
 
 conformity with the statute, that .... is a citizen of the State of Michi- 
 gan, a resident of the above mentioned county, and that .... age is 
 ... .1 years. 
 
 .... postofEce address is 
 
 The statutory fee of $i.oo is herewith enclosed. 
 (Sign full name, very plainly) 
 
 I hereby endorse the above application of 
 
 and recommend that the appointment be made. 
 
 (Sign officially) 
 
 Generally there is no prescribed limit to the number of notaries 
 that may be appointed. The governor may appoint "one or more" 
 notaries public." In the earlier ages the number was kept within 
 a small limit, and the fees made the office desirable. In most 
 cases the number appointed is so large that at tihe present time the 
 office is of no value, and the performance of the duties merely 
 formal. It is wholly within the discretion of the appointive power 
 to grant or refuse an appointment, and equally in the discretion 
 of the senate or legislative body to confirm or reject it when 
 granted. If lihe appointment is refused by either authority, the 
 applicant has no remedy. And even after an appointment has 
 been confirmed the appointing power may withhold the commis- 
 sion, and so render it as ineffective as if it never had been made. 
 He may do this not only for sufficient reasons arising after ap- 
 pointment, but even by an arbitrary exercise of his authority, and 
 as he is not subject to the direction of any tribunal, the candidate 
 is without remedy, so far as concerns his securing the office.^ 
 
 5.— Miller's C. L., 2629. 
 
 6. — ^Sutherland vs. Governor, 29 Midh., 320; Hawkins vs. Governor, 
 I Ark., 570; State vs. Governor, 25 N. J., 331; People vs. Bissell, 19 111., 
 229, Dennett, Petitioner, 32 Me., 510; Mauran vs. Smith, 8 R. I., 192. 
 
Rouech's Manual. 9 
 
 PART 2.— THE COMMISSION. 
 Upon the appointment of a notary public the Secretary of 
 ■State is officially notified of such appointment, and he causes a 
 commission to be filled out and impressed with the great seal of 
 the State and .sends it to the county clerk of the county in which 
 the appointee resides. The county clerk, on receiving such com- 
 mission, must give immediate notice of its arrival to such ap- 
 pointee. The person so appointed shall, within a reasonable time 
 (in Midhigan ninety days^) after receiving such notice, call at the 
 ■clerk's office; qualify and pay to the clerk a stipulated fee (fifty 
 cents), sign the record kept by the clerk, and thereupon receive 
 his commission. Commissions not called for within such time are 
 returned to the Secretary of State. 
 
 I. — Miller's C. L., 2631. 
 
 PART 3.— QUALIFYING. 
 
 The process of qualifying as a notary public usually consists in 
 taking and filing with the county clerk the constitutional oath of 
 office^, and giving a bond for the faithful discharge of official 
 •duties.- 
 
 The prevailing form of oath is as follows : 
 
 Form No. 2. — Oath of OMce. 
 
 I do solemnly swear ,(or affirm) that I will support the Constitution 
 ■of the United States, and the Constitution of this State, and that I will 
 faithfully discharge the duties of the office of Notary Public according 
 to the best of my ability." 
 
 The required bond shall be to the people of the State, with one 
 ■or more sureties, to be approved by the county clerk, in the penal 
 sum of one thousand dollars, the condition of wihich bond shall be 
 that such notary shall duly and faithfully discharge the duties 
 of his office, and he shall file the same wiith said clerk.* 
 
 I.— Miller's C. L., 2631. 
 
 2. — ^Miller's C. L., 2632. 
 
 3. — Constitution of Michigan, Art. 18, Sec, i. 
 
 4.— Miller's C. L., 2632. 
 
10 Rouech's Manual. 
 
 F.orm No. 3. — Official Bond of Notary Public. 
 
 KNOW ALL MEN BY THESE PRESENTS, That we, 
 
 a^, principal, and as suret are held and firmljr 
 
 bound unto the People of the State of Michigan, in the penal sum of 
 one thousand dollars, lawful money of the United States of America, to 
 be paid to the said People, or to their certain attorney, heirs, executors, 
 administrators or assigns, to which payment well and truly to, be made,, 
 we bind ourselves, our' heirs," executors and administrators, and each and 
 every one of them, firmly by these presents. 
 
 Sealed with our seals. Dated the .... day of , A. D 
 
 Whereas, said .was on the day 
 
 of , A. D , duly commissioned Notary Public for the 
 
 County of , 
 
 Now, Therefore, The condition of this obligation is such, that if 
 
 the said shall duly and faithfully discharge 
 
 the duties of his said office, without fraud, then this obligation to be 
 void, otherwise to be and remain in full force and virtue. 
 
 Signed and delivered in presence of I ' (L. S.) 
 
 '• \ (L. S.) 
 
 (L.S.) 
 
 PART 4.— JURISDICTION. 
 
 Notaries have a local jurisdiction in the State; generally they 
 can exercise their functions only in the county or district for 
 which they are commissioned. 
 
 In some places they are authorized to act with full ofiEicial 
 powers throughout the State, so long as they reside in the place 
 for which they were appointed, but forfeit their office by removal 
 to another county. 
 
 In attaching his official signature to any certificate, it is always 
 best for the notary to add the name of the county for which he 
 was appointed, though this is not necessary where h& acts in his 
 own county and the name of the county appears, as it always 
 should, in the caption to the certificate.^ 
 
 Notaries shall reside in the county for which they are ap- 
 pointed, but they may act as such notaries in any part of the 
 State.^ 
 
 I. — Wright vs. Wilson, 17 Mich., 192. ' 
 
 2.— Miller's C. L., 2639. 
 
Rouech's Manual. h 
 
 ' Courts will take judicial notice of the official character of a 
 notary of the State and of his jurisdiction, and in the courts the 
 certificate of a notary public, under his hand and seal of office, of 
 official acts done by him as such notary, is prima facie evidence 
 of the facts contained in such certificate, but such certificate will 
 not be evidence of notice of non-acceptance or non-payment in 
 any case in which a defendant shall annex to his plea an affidavit 
 denying the fact of having received such notice.^ 
 WHEN A NOTARY PUBLIC MAY PERFORM THE DU- 
 TIES OF CORCUIT COURT COMMISSIONER. 
 The Michigan statute provides as follows : 
 In all cases where by law any duties are required to be per- 
 formed by a circuit court commissioner of any county, and there 
 shall be no such commissioner who is not legally disqualified for 
 acting in the performance thereof, by reason of interest, connec- 
 tion with the matter, or controversy, or of any other cause, the 
 same may be performed by any circuit court commissioner of an 
 adjoining county, who shall not be disqualified; or if the same 
 pertain to a matter, cause or proceeding pending in any circuit 
 court, by a commissioner specially appointed by the judge of 
 said court for the purpose ; or, on the written stipulation of the 
 parties interested, by any notary public who is an attorney of the 
 supreme court.* 
 
 3. — Miller's C. L., 2635; Camp vs. Carpenter, 52 Mich., 375; Harri- 
 son vs. Oakman, 56 Midi., 390; Sullivan vs. Hall, 86 Midi., 12. 
 4. — Miller's C. L., 1084. 
 
 PART s.— AUTHORITY. 
 
 Notaries are authorized by statute in many of the States to take 
 
 oaths and affidavits.^ They have always assumed the power to do 
 
 I.— JMiller's C. L., 10208; Georgia Ice Co. vs. Porter, 70 Ga., 637; 
 Sample vs. Irwin, 45 Tex., 567; Bro-wn vs. Moore, 38 Tex., 645; Reavis 
 vs. Cowell, 56 Cal., 588; Lynch vs. Livingston, 6 N. Y., 422; Kuihland 
 vs. Sedgwick, 17 Cal., 123. Compare, however, Collins vs. Stewart, 16 
 Neb., 52; Taylor vs. Hatch, 12 Johns. (N. Y.), 340; National Bank vs. 
 Conway, I Hughes (N. S.), 37. 
 
12 Rouech's Manual. 
 
 so in England. They should not, however, take affidavits whicli 
 are to be used in any proceeding or matter in which they are inter- 
 ested as parties or attorneys. And the Michigan statute pro- 
 vides : That it shall not be lawful for notaries public who are 
 attorneys and counselors^at-law, or solicitors in chancery, to ad- 
 minister oaths in causes in which they may be professionally en- 
 ^aged.2 
 
 In the State of Michigan the following authority is specially 
 granted to Notaries Public by statute, viz : 
 
 The Judge of Probate may, by his order, authorize any notary 
 public to administer the oath to any executor, administrator, guar- 
 dian or trustee, who is required to make oath to any account.^ 
 
 All oaths required to be taken by executors, administrators, 
 guardians, trustees, commissioners, appraisers, or by any other 
 person in relation to any proceeding in the probate court, may be 
 administered by a notary public.^ 
 
 Testimony to be used in any circuit court in chancery may be 
 taken before a notary public if the parties interested, their agents 
 or attorneys, shall enter into a stipulation to that effect, in writ- 
 ing, and file the same with the clerk of the circuit court of the 
 proper county.' 
 
 Notaries public shall have authority to take the proof and ac- 
 knowledgments of deeds ; to administer oaths, and take affidavits 
 m any matter or cause pending, or to be commenced or moved in 
 any court of this State ; to demand acceptance of foreign and in- 
 
 * 
 
 land bills of exchange, and of promissory notes, and to protest the 
 same for non-acceptance, or non-payment, as the case require ; and 
 to exercise such other powers and duties as by the law of nations 
 and according to commercial usage, or by the laws of any other 
 State, government or country may be performed by notaries 
 public." 
 
 . 2.— Miller's C. L., 2640. 
 3.— Miller's C. L., 665. 
 4.— Miller's C. L., 666. 
 S. — Miller's C. L., 1079. 
 6.— Miller's C. L., 2634- 
 
Rouech's Manual. 13 
 
 In all the courts of this State the certificate of a notary public, 
 under his hand and seal of office, of official acts done by him as 
 such notary, .shall be received as presumptive evidence of the facts 
 contained in such certificate ; but such certificate shall not be evi- 
 dence of notice of non-acceptance or non-payment in any case in 
 which a defendant shall annex to his plea an affidavit denying the 
 fact of having received such noticed 
 
 Where ihe defendant in a divorce proceeding in the State of 
 Michigan, shall have been personally served outside the State with 
 a copy of the order for appearance and publication, proof of such 
 service shall bt made by the affidavit of the person who shall serve 
 the same, made before a justice of the peace or a notary public, 
 and when such affidavit shall be made outside the State it shall 
 have attached thereto the certificate of the clerk of a court of 
 record, certifying to the official character of the justice or notary, 
 and the genuineness of his signature to the jurat of the affidavit.* 
 
 A notary may take the affidavit of settler upon State land," and 
 the oath of the presiding officer and inspector at primary elec- 
 tions." 
 
 In all cases where a witness lives more than one hundred miles 
 from the place of trial, or is about to go out of the United States, 
 or the district in which the case is to be tried, or is bound on a sea 
 voyage, his deposition may be taken before a notary public, to be 
 used in any civil cause pending in any district or circuit court in 
 the United States. Notaries are also authorized to administer 
 the oath required by the laws of the United States, to be taken 
 by directors of naional banks. 
 
 In bankruptcy proceedings notaries are authorized to swear 
 bankrupts as to their schedules, to take acknowledgments of 
 creditors, to powers of attorney, to swear creditors as to their 
 
 7.— Miller's C. L., 2635. 
 
 8.— Miller's C. L., 8642. ' 
 
 9.— Miller's C. L., 1454. 
 
 10. — Miller's C. L., 1145S, ' 
 
14 Rouech's Manual. 
 
 claims, and to perform other acts in connection with the pro- 
 ceedings.^^ 
 
 By authority of several acts of Congress to that eflfect, United 
 States courts and officials accept as valid the acts of notaries in 
 administering oaths and taking acknowledgments which are 
 authorized to be taken by justices of the peace.^^ Also of acts 
 in taking testimony, including depositions which may be taken by 
 commissioners of the United States Circuit Court,^^ and affidavits 
 required to be made under the mining laws.^* 
 
 II. — Sec. 4, Chap. 20, of the Bankruptcy Law of 1898. 
 12. — Rev. Stat. U. S., Sec. 1778; Goodyear vs. Hulli'hen, 2 Hughes 
 (U. S.), 492; U. S. vs. Rhodes, 30, Fed. Rep., 452. 
 
 13.— Blake Crusher Co. vs Ward, i Am. L. T., N. S. (U. S.), 423. 
 14.— Rev. Stat. U. S., Sec. 2335. 
 
 PART 6.— REMOVAL FROM OFFICE. 
 
 Authority is vested in the appointing power to remove a notary 
 public from office upon sufficient cause, of which cause such power 
 is the judge. ^ 
 
 I.— Miller's C. L., 1157, 1159. 
 
 PART 7-— RECORDS OF NOTARY PUBLIC. 
 
 We find no provision of the statutes that requires a notary 
 public to keep a record of his official doings, but it is good prac- 
 tice to keep such a record, and the Legislature of Michigan has 
 provided for the protection of such records when made, and for 
 depositing the same, with his papers, in the office of the County 
 Clerk, viz : 
 
 Whenever the office of any notary public shall become vacant, 
 the records of such notary, and all the papers relating to his office, 
 shall be deposited in the office of the clerk of the proper county ; 
 and any notary, yvho, on ibis resignation or removal from office, 
 shall neglect, for the space of three months, to deposit such records 
 and papers, and an,y executor or administrator of any deceased 
 
Rouech's Manual. 15 
 
 notary public, who shall neglect, for the space of three months 
 after his appointment, to deposit with said clerk all such records 
 and papers as shall come to his hands, shall forfeit and pay a sum 
 not less than fifty dollars, nor more than two hundred dollars.^ 
 
 If any person shall knowingly destroy, deface or conceal any 
 records or papers belonging to the office of a notary public, he 
 ihall forfeit and pay a sum not exceeding five hundred dollars ; 
 and such person shall also be liable to an action for damages at 
 the suit of the party injured.^ 
 
 The cotmty clerk shall receive, and safely keep, all the recorcfc 
 and papers- of notaries public, directed to be deposited in his office, 
 and shall give certified copies of such records and papers under 
 his hand and seal, when required; and for such copies he shall 
 receive the same fees as are by law allowed to notaries public ; and 
 copies so given by said clerk shall be as valid and effectual as if 
 g-iven by a notary public' 
 
 l!— Miller's C. L., 2636. ' 
 
 2. — Miller's C. L., 2637. 
 3— Miller's C. L.,-2638. 
 
CHAPTER IV. 
 
 FUNCTIONS OF THE OFFICE. 
 
 Part I. Acknowledgments. 
 
 Part 2. Commercial Papers. 
 
 Part 3. Affidavits-. 
 
 Part 4. Depositions. 
 
 PART I.— ACKNOWLEDGMENTS. 
 
 One of the principal functions of a notary public is that of 
 'taking acknowledgments to deeds and other instruments. While 
 this is sometimes considered the simplest notarial duty, it is still 
 one which should be thoroughly understood, to avoid delays, losses 
 and inconveniences. 
 
 Definition. — An acknowledgment is the act of one wlio has 
 executed a deed or other instrument, in going before some com- 
 petent officer or magistrate and declaring it to be his act or deed.^ 
 The writing signed by the officer stating the fact of such declara- 
 tion is called a certificate of acknowledgment. 
 
 Object. — The function of the acknowledgment is two-fold ; 
 first, to authorize the deed to be given in evidence without further 
 proof of its execution, and, second, to entitle it to be recorded.^ 
 
 Who May Take Acknowledgments. — The acknowledgment of 
 
 . la deed or mortgage must not be taken by the grantee or mort- 
 
 igagee,^ and it has been held that a trustee is disqualified from 
 
 I.— Taylor vs. U. S., 45 Fed. Rep., 531; Strong vs. U. S., 34 Fed. 
 Rep., 17; White vs. Magarahan, 87 Ga., 217; Short vs. Conlee, 28 111., 
 219; Burbank vs. Ellis, 7 Neb., 156; Aultman, Etc., vs. Jenkins, 19 
 Neb., 209. ' 
 
 2. — Doe vs. Smith, 3 McLean (U. S.), 362-' Harrington vs. Fish, 
 10 Mich., 415; Buell vs. Irwin, 24 Mich., 145; People vs. Marion, 29 
 Mich., 31, and see the many oases cited, from, various States, in i Am. & 
 Eng. Enc. of Law (second edition), 484. 
 
 3. — Groesbeck vs. Seeley, 13 Mich., 329; Laprad vs. Sherwood, 79 
 Mich., 520; Beaman vs. Whitney, 20 Me., 413; and i Am. & Eng. Enc. 
 of Law (second editiori), 493. 
 
Rouech's Manual. \^ 
 
 ■taking the acknowledgment of a trust deed, by reason of his com- 
 mission.* There is nothing to prevent a relative of the parties to 
 a deed or mortgage taking the acknowledgment, as the act is 
 •ministerial and not judicial,' and one who owns one interest in 
 the property can take the acknowledgment of the deed that con- 
 veys a separate and distinct interest in it.' But one who would 
 receive a beneficial interest in the property conveyed cannot take 
 ■the acknowledgment to the same.'' Most courts consider the act 
 of taking acknowledgments as ministerial and, therefore, valid, 
 although performed beyond the officer's appropriate territorial 
 jurisdiction, as when taken in another county than that for which 
 he was appointed.* The Michigan statutes provide that deeds or 
 contracts for the sale of lands executed within the State, of lands, 
 or any interest in lands therein, shall be executed in the presence 
 of two witnesses, who shall subscribe their names to 'the same as 
 such, and the persons executing such deeds may acknowledge the 
 execution thereof before any judge or commissioner of a court of 
 record, or before any notary public, justice of the peace (or master 
 in chancery), within the State, and the officer taking such ac- 
 knowledgment shall endorse thereon a certificate of the acknowl- 
 edgment thereof, and the true date of making the same, under his 
 hand." If any such deed shall be executed in any other State, ter- 
 ritory or d'istrict of the United States, such deed may be exe- 
 cuted according to the laws of such State, territory or 
 disitrict, and the execution thereof may be acknowledged 
 before any judge of a court of record. Notary Public, Justice of the 
 Peace, Master in Chancery or other officer authorized by the 
 laws of such State, territory or district to take the acknowledg- 
 
 4. — Darst vs. Gale, 83 111., — ; Brown vs. Moore, 38 Texas, 645. 
 
 5. — Kimball vs. Johnson, 14 Wis., 674; Lynch vs. Livingston, 6 N. 
 Y., 422. 
 
 6. — Dussaumee vs. Bennett, s Iowa, 95. ' 
 
 7. — ^Jones vs. Porter, 59 Miss., 628. ' 
 
 8. — A Notary Public may take acknowledgments anywhere in the 
 State of Wisconsin: Maxwell vs. Hartman, so Wis., 660. 
 
 9. — Miller's C. L., 8962, 9035. 
 
 (2) 
 
1 8 Rooech's Manual. 
 
 ment of deeds therein, or before any commissioner appointed by 
 the Governor of this State for suoh purpose.^" 
 
 Manner of Taking Acknowledgments. — In some of the States 
 it is still required that the acknowledgment of a married woman 
 to any deed or instrument conveying lands or interest therein 
 ehould be taken separately and apart from her husband, and that 
 she should acknowledge that she executed the same freely and 
 without any fear or compulsion from anyone. This separate ac- 
 knowledgment is necessary in order to secure the wife's voluntary 
 assent to her husband's conveyance, so that her right of dower 
 ishould be cancelled ; but in Michigan and many other States these 
 provisions have been repealed, and the acknowledgment of a mar- 
 ried woman may now be taken in the same manner as if she was 
 sole." 
 
 When-any married woman, not residing in Michigan, shall join 
 with her husband in any conveyance of real estate situated within 
 that State, the conveyance shall have the same effect as if she 
 were sole and the acknowledgment or proof of the execution of 
 such conveyance by her, may be the same as if she were sole.^^^ 
 
 After the execution of an instrument, the party taking the 
 acknowledgment asks the maker thereof if he acknowledges the 
 execution of the instrument to be his (or her) free act and deed, 
 but if the acknowledgment is taken in States where it is required 
 that the wife should be examined separately and apart from her 
 husband, she must be taken into a room separately from that in 
 which her husband is present, and asked if she acknowledges the 
 execution of the instrument to be her free act and deed, and that 
 she executed the same freely and without any fear or compulsion 
 from anyone. The certificate of acknowledgment is then en- 
 dorsed upon the instrument. 
 
 The Certificate of Acknowledgment. — While it has been held 
 
 lO.^Miller's C. L., 8963. 
 
 II. — Miller's C. L., 9021, and 8966. 
 
 I la.— Miller's C. L., 8968. 
 
Rouech's Manual. 19 
 
 that the certificate of acknowledgment need only substantially 
 •comply*W'ith the statute, it is better that the notary know the form 
 required, and make his certificate accordingly. The certificate 
 must show every material flaot.^^ The essential parts of an ac- 
 knowledgment are, first, the fact that the party declared or ac- 
 knowledged the execution of the instrument,^" and, second, the 
 identity of the parties." Important words omitted cannot be 
 supplied by intendment. The statute must be strictly complied 
 with, and the omission of the signature of the notary, although 
 his seal has been affixed, will render the certificate insufficient. 
 
 The fact of the acknowledgment and the identity of the parties 
 must be stated in the certificate. An introduction of the grantor 
 and notary by a common friend is sufficient to justify the latter 
 taking the acknowledgment, and making the certificate. A notary 
 imposed upon by impersonation is liable only for clear negligence. 
 There is a legal presumption that the notary acted on reasonable 
 information. 
 
 There is a growing tendency towards the adoption of uniform 
 legislation throughout the United States, and to this end commis- 
 sioners have been appointed in some of the States and territories 
 to confer upon the subject of promoting uniformity of legislation. 
 Eight conferences have thus far been held; the first in 1892 at 
 Saratoga Springs, at which eight States were represented. The 
 last conference was held in 1898 at the same place, at which thirty- 
 two States and one territory had commissioners. 
 
 At these several conferences the commissioners have consid- 
 ered at length and have formulated a bill upon the following sub- 
 jects : 
 
 12.— Dewey vs. Oampau, 4 Mich., 565; Sibley vs. Johnson, i Mich., 
 380; Harrington vs. Fish, lo Mich., 415; Morse vs. Hewitt, 28 
 Mich., 481; Smith vs. Garden, 28 Wis., 685; Wilson vs. Henry, 40 Wis., 
 594- 
 
 13. — Dewey vs. Campau, 4 Mich., 565. ' 
 
 14. — Bryan vs. Ramirez, 8 Cal., 461; Henderson vs. Grewell, 8 Cal- 
 581. 
 
20 Rouech's Manual. 
 
 I 
 
 Acknowledgment and execution of deeds. 
 
 2. Execution and probate of will. 
 
 3. Maturity of notes and bills of exchange. . 
 
 4. Weights and measures. 
 
 5. Relating to negotiable instruments. 
 
 In nearly all of this legislation notaries public are peculiarly 
 interested. 
 
 The following forms of acknowledgments have been adopted 
 by the Michigan Legislature, upon the recommendation of the 
 commissioners appointed for that State. 
 
 Begmning in each case, with a caption specifying the State and 
 place where the acknowledgment is taken, viz : 
 
 State of Michigan, ) 
 County of Wayne, J 
 
 Then follow with: 
 
 First, in the case of natural persons acting in their own right : 
 
 Form No. 4. 
 
 "On this day of , 19..., before me 
 
 personally appeared A B (or A B and C D, his wife), to me known to 
 be tihe person (or persons) described in and who executed the foregoing 
 instrument, and (se.verally) acknowledged that he (or -they) executed 
 the same as his (or their) free act and deed." 
 
 Second, in the case of natural persons acting by attorney : 
 
 Form No. 5. 
 
 "On this day of , 19..., before me 
 
 personally appeared A B, to me known to be the person who executed 
 the foregoing instrumerit in behalf of C D, and acknowledged that he 
 executed! the same as the free act and deed of said C D." 
 
 Third, in the case of corporations or joint stock associations : 
 
 Form No. 6. 
 
 "On tihis '. day of , 19. . ., before me 
 
 appeared A B, to me personally known, who, being by me duly sworn 
 (or affirmed) did say that lie is the president (or other officer or agent 
 of the corporation or association) of (describing the corporation or 
 association), and that the seal affixed to said instrument is the corporate 
 seal of said corporation (or association), and that said instrument was 
 
Rouech's Manual. 21 
 
 signed and sealed in behalf of said corporation (or association) by 
 authority of its board of directors (or trustees) and said A B acknowl- 
 edged said instrument to be the free act and deed of said corporation 
 (or association)." 
 
 For forms of acknowledgments used in the other States, see 
 "Appendix." 
 
 In case the corporation or association has no corporate seal, 
 omit the words "the seal affixed to said instniment is the corporate 
 seal of said corporation (or association) and that," and add, at 
 the end of the affidavit clause, the words "and that said corpora- 
 tion (or association) has no corporate seal." 
 
 In all cases add signature and title of the officer taking the ac- 
 knowledgment."^' 
 
 The obligation to use a seal depends upon statute. As where 
 a deed of Michigan lands is executed in Michigan, the law does 
 not require the certificate of acknowledgment to be sealed, and so 
 in Massachusetts. But the notary must attach his own official 
 seal to acknowledgmeilts'that are to be used in the District of 
 Columbia, Mississippi, Texas, and Upper Canada, and it is better 
 to affix the seal to all deeds that are to be recorded outside of the 
 State where the acknowledgment is taken, even though in a few 
 cases' it may not be required. The notarial seal is everywhere 
 recognized, and it is said that a scrawl cannot be substituted for 
 it." 
 
 Authentication of Certificate. — In cases where deeds of lands 
 or interest in lands in the State of Michigan executed in any other 
 State, territory or district of the United States, and acknowledged 
 before any judge in a court of record, notary public, justice of 
 the peace, master in chancery, or other officer, authorized by the 
 laws of such State, territory or district, to take the acknowledg- 
 ment of deeds therein, the officer taking such acknowledgment 
 shall attach thereto the seal of his office, and if such ackiiowkdg- 
 'ment be taken before a justice of the peace or other officer having 
 
 15. — 'Miller's C. L., 9020, 9021. > ' 
 
 16. — Bouvier's baw Dictionary,. Title "Seal," and cases there cited. 
 
22 Rouech's Manual. 
 
 no seal of office, such deed or other conveyance or instrument 
 shall have attached thereto a certificate of the clerk or other proper 
 certifying officer of a court of record of the county or district, or 
 of the Secretary of State of the State or territory within whi:h 
 such acknowledgment was taken under the seal of his office, that 
 the person whose name is subscribed to the certificate of acknowl- 
 edgrfient was, at the date thereof, such officer as he is therein 
 represented to be, and that he believes the signature of such per- 
 son to such certificate of acknowledgment to be genuine, and that 
 the deed is executed and acknowledged according to the laws of 
 such State, territory or district." 
 
 The following form of authentication of the proof or acknowl- 
 edgment of a deed or other written instrument when taken with- 
 out this State and within any other State, territory or district of 
 the United States, may be used : 
 
 Form No. 7. 
 
 Begin with a caption specifying Dhe. state, territory or district, and 
 county or place where the authentication is made. 
 
 I, , clerk of the 
 
 in and for said county, which court is a court of record, having a seaj 
 
 (or, I, , the secretary of the state of 
 
 such state or territory), do hereby certify that , 
 
 by and before whom the foregoing acknowledgment (or proof) was 
 taken, was, at the time of taking the same, a Notary Public (or other 
 officer), residing (or authorized) to act) in said county, and was duly 
 authorized by the laws ot said state (territory or district) to take and 
 certify acknowledgments or proofs of deeds of lands in said state (terri- 
 tory or district), and further, that I am well acquainted with the hand- 
 writing of said , and that I verily believe that the 
 
 signature to said certificate of acknowledgment (or proof) is genuine. 
 
 In testimony whereof, I have hereunto set my hand and affixed' 
 
 the seal of the said court (or state) this diay of 
 
 A. D " 
 
 If a deed be executed in any foreign country it may be exe- 
 cuted according to the laws of such country, and the execution; 
 
 17.— Miller's C. L., 8964. 
 18.— Miller's C. L., 9024. 
 
Rouech's Manual. 23 
 
 thereof may be acknowledged before any notary public therein or 
 before any minister plenipotentiary, minister extraordinary, min- 
 ister resident, charge d' affaires, commissioner, or consul of the 
 United States, appointed to reside therein ; which acknowledgment 
 shall be certified thereon by the officer taking the same under his 
 hand, and if taken before a notary public, his seal of office shall be 
 affixed to such certificate: Provided, that all deeds of land sit- 
 uated within this State, heretofore or hereafter, made in any for- 
 eign country, and executed in the presence of two witnesses, who 
 shall have subscribed their names to the same as such, and the 
 execution thereof shall have been acknowledged by the persons 
 executing the same belfore any one of the officers, authorized by 
 this section to take such acknowledgment, and such acknowledg- 
 ment shall have been certified thereon, as above required, shall be 
 deemed between (the parties thereto, and all panties claiming under 
 or through them, as valid a.nd effectual to convey the legal estaite of 
 the premises therein described ; and whenever such deed has been 
 recorded in the office of the register of deeds of the proper county 
 such record shall be effectual for all purposes of a legal record, 
 and the record of such deed, or a transcript thereof, may be given 
 in evidence as in other cases. ^^ 
 
 The acknowledgment is no part of the deed so far as the trans- 
 fer of property goes nor is it necessary in some States to the 
 validity of the conveyance. An impeachment of the certificate, 
 therefore, does not necessarily affect the deed. An interlineation 
 or erasure in the certificate may affect the proof of execution, but 
 not the validity of the deed. Where a deed was offered in evi- 
 dence and it was objected to on the ground that it purported to be 
 acknowledged prior to its date, it was held that this discrepancy 
 was no reason for rejecting the deed. The date of the deed is not 
 very important ; the acknowledgment authenticates the instrument. 
 It is therefore impontant that the date be properly inserted in the 
 certificate of acknowledgment.^" 
 
 19.— Miller's C. L., 8965. 
 , 20. — Monroe vs. Eastman, 31 Mich., 283, and see Miller's C. L., 8962. 
 
24 Rouech's Manual. 
 
 There is no statute ,known to the writer authorizing an ac- 
 knowledgment to be taken through an interpreter. A notary has 
 no right to certify anything he does not know of his own knowl- 
 edge through intelligent conversation, and without relying on 
 staitements of others than the person whose acknowledgment he 
 means to take.^'^ 
 
 It is always better to place the certificate of acknowledgment 
 on the same piece of paper as the deed, though it is immaterial 
 where. It has been held that, where a statute required the ac- 
 knowledgment to be on the same sheet as the instrument, it was 
 bad if on a separate strip of paper wafered to the deed, even 
 though die officer's seal was stamped on it. Yet in one case where 
 the statute required the certificate to be endorsed on the convey- 
 ance, a certificate that was subjoined was held to be good. 
 
 When a notary has occasion to take the acknowledgment of 
 a conveyance of land that lies in lanother State or country, he must, 
 in so doing, follow the laws of the locality where the land is sit- 
 uated, and where, therefore, the deed is to be recorded. It is 
 customary for parties, sending instruments out of the State, to 
 send instructions as to. execution and acknowledgment, therewith. 
 If none accompany such instrument, the following general hints 
 may be of value : 
 
 It is always better to comply fully with the most stringent re- 
 quirements ; surplus precaution can do no harm. If as a notary 
 you have an official seal, affix it to all acknowledgments that go 
 outside of the State for record. Whenever a deed is executed us 
 well as acknowledged before you, in cases of doubt, have it at- 
 tested by ibwo witnesses. Whatever your jurisdictional rights in 
 your own State may be, in taking acknowledgments to go out of 
 the State or territory, act only in the county for which you are 
 appointed. Be sure that your commission has not run out. See 
 that the proper revenue stamp is affixed to the instruipent. The 
 
 21. — Dewey vs^ Campau, 4 Mich., 565; Fisher vs. Meister, 24 Mich., 
 447. 
 
Rouech's' Manual. 25 
 
 provision of the war revenue law of 1898 relative thereto is as 
 follows : 
 
 Adhesive Stamps. — That on and after the first day of July, 
 eighteen hundred and ninety-eight, there shall be levied, collected, 
 and paid, for and in respect of the several bonds, debentures, or 
 certificates of stock and of indebtedness, and other documents, in- 
 struments, matters, and things mentioned and described in Sched- 
 ule A of this act, or for or in respect of the vellum, parchment, 
 or paper upon which such instruments, matters, or things, or any 
 of them, shall be written or printed by any person or persons, or 
 party who shall make, sign, or issue the same, or to whose use or 
 benefit the same shall be made, signed, or issued, the several taxes 
 or sums of money set down in figures against the same, respec- 
 tively, or otherwise specified or set forth in the said schedule.^^ 
 
 Conveyance : Deed, instrument, or writing, whereby any lands, 
 tenements, or other realty sold shall be granted, assigned, trans- 
 ferred, or otherwise conveyed to, or vested in, the purchaser or 
 purchasers, or any other person or persons, by his, her, or their 
 direction, wilien the consideration or value exceeds one hundred 
 dollars and does not exceed five hundred dollars, fifty cents ; and 
 for each additional five hundred dollars or fractional part thereof 
 in excess of five hunred dollars, fifty cents. ^^ 
 
 "That in any and all cases where an adhesive stamp shall be 
 used for denoting any tax imposed by this act, except as herein- 
 after provided, the person using or affixing the same shall write 
 or stamp thereupon the initials of his name and the date upon 
 which the same shall be attached or used so that the 
 same may not again be used. And if any person shall 
 fraudulently make tise of an adhesive stamp to denote any tax im- 
 posed by this act without so effectually canceling and obliterating 
 such stamp, except as before mentioned, he, she, or they shall be 
 deemed guilty of a misdemeanor, and upon conviction thereof, 
 
 22. — Sec. 6 of the War Revenue Law of 1898. 
 
 23.— Part of Sdhedule "A" of the War Rev. Law of 1898. 
 
26 Rouech's Manual. 
 
 shall pay a fine of not less than fifty nor imore than five hun- 
 dred dollars, or be imprisoned not more than six months, or both,, 
 at the discretion of the court."^* 
 
 24. — Sec. 9 of the War Revenue Law of 1898. 
 
PART 2.— COMMERCIAL PAPERS. 
 
 Another important office of a notary public is that of protest- 
 ing, commercial papers. In performing this duty it should be 
 borne in mind that the real purpose oif this every-day formal pre- 
 liminary is that of fixing a conltingent liability that would other- 
 wise be released altogether, risking, if not losing outright, the en- 
 tire debt according to the degree of responsibility of the original 
 debtor.^ Although this task is so simple and of an every-day oc- 
 currence, it is still a great and delicate responsibility, for any 
 blunder in the execution of which the notary risks a liability in 
 damages.^ It demands precision and promptness, and one should 
 not undertake its performance before ihe has a clear understanding 
 of his duties. And to acquire this understanding one must be- 
 come familiar with the legal principles which govern collections of 
 such commercial papers as bills of exchange and promissory notes. 
 It is not, however, within the province of this work to even at- 
 tempt the presentation of such principles. But under tshis head 
 we will endeavor to lay down the rules of law governing the 
 notary's dulties in the matter of presenting and protesting com- 
 mercial papers. 
 
 Protest. — Protest is the act of marking or noting on a promis- 
 sory note the want of payment, and on a bill of exchange the want 
 of acceptance or payment, by which it is formally declared that all 
 parties to the instrument will be bdd responsible to tihe holder for 
 all damages, exchanges, re-exchanges, etc. This word is often 
 used to include the "Certificate of Protesit," which is a formal iti- 
 
 I. — Dennistawn vs. Stewart, 17 How. (U. S.), 606; Piatt vs. Drake,, 
 I Doug. (Mich.), 296; Union Bank vs. Hyde, 6 Wheat. (U. S.), 572. 
 2. — See Chapter 7, "Liability." 
 
28 Rouech's Manual. 
 
 strutnent, made by a notary public, alleging the due presentments 
 and dishonor of a bill or note, and declaring that the notary pro- 
 tests the same for non-payment or non-acceptance. The word 
 protest includes all tshe steps necessary to dharge an indorser,^ viz : 
 Presentment, demand, noting the protest, and Notice of Protest. 
 
 The Actual Protesit is a formal paper wherein the notary cer- 
 tifies that on the day of its d'ate^he presented the original bill at- 
 tached thereto, or a copy of which is above written, to the acceptor, 
 or the original note to the maker thereof, and demanded payment' 
 or acceptance, which was refused, and that thereupon he protests 
 against the drawer anid indorsers thereof for exchange, re-ex- 
 change, damages, costs and interest, and herein called the "Cer- 
 tificate of Protest." 
 
 What May Be Protested. — ^Under the common law a foreign 
 bill of exchange must/be presented by a notary public. Inland 
 bills and promissory notes were not originally within the rule, but 
 by usage, and in some States by statutes, this convenient method 
 of fixing liability on commercial paper has been applied to this 
 class of instruments in the same manner as to foreign bills.* As 
 to bills of exchange, the States of the United States are foreign 
 to each other. Even when the drawer and drawee live in .the same 
 State, but the bill is payable in another, it is a foreign bill.^ 
 
 Who Makes the Protest. — It is everywhere aji official duty of 
 notaries to make protests. But a protest need not be made by 
 a notary to be valid." It may in many cases be made by other 
 functionaries, and even by merchants.' Nor does the law mer- 
 chant require the notary to do more than make the protest itself ; 
 
 3. — Townsend vs. Lorain Bank, 2 O. St., 345. 
 
 4. — In Burkham vs. Trowbridge, 9 Mich., 211, Judge Campbell says 
 that "the common usage of making protest, as well of notes and inland 
 bills as of foreign bills, * * * is certainly nearly or quite as old as 
 the negotiability of promissory notes.'' 
 
 S. — Commercial Bank vs. Varnum, 49 N. Y., 269. 
 
 6. — Munroe vs. Woodruff, 17 Md., 159. 
 
 7. — Burke vs. McKay, 2 How., 66. 
 
Rouech's Manual. 29' 
 
 the subsequent duty of notifying indorsers may be performed by 
 the holder of the note. Still, it is common usage for the notary to 
 make the demand for payment, and in case of refusal, protes't the 
 paper and give notice of non-payment to all prior parties.* In- 
 deed, in some places, statutes empower him to give this notice, 
 but if they did not, he might properly do so. An indorser cannot 
 insisit on having notice directly from the holder oi the paper; it 
 may be given by a notary or by any other agent,' only an agent 
 who gives notice of the dishonor of the paper has not the benefit 
 of the rule which allows an actual party who has an interest in 
 the paper, a whole day in which to give notice to the party to 
 whom he looks for ipa.ymerit.'^'' And as the notary is, in fact, only 
 the holder's agent, the son of the holder, if a notary, is not pre- 
 vented by relationship from protesting paper for his father. ^^ 
 But, generally speaking, the notary must make the protest him- 
 self ; he should not leave it to his clerk.'^^ And where two notaries 
 are partners, one of them cannot protesit paper as the other's 
 agent.^** 
 
 Damages on Protest. — The regulation of the amount of dam- 
 ages upon protests is by statute. The law in Michigan is as 
 follows : 
 
 "Whenever any bill of exchange, drawn or indorsed within this 
 State, and payable without the limits of the United States, shall 
 be duly protested for non-acceptance or non-payment, the party 
 liable for the contents of such bill shall, on due notice and de- 
 mand thereof, pay the same at a current rate of exchange at the 
 
 8. — I Parsons, Notes and Bills. 645. 
 
 9.— Harris vs. Robinson, 4 How., 336; Cowperthwaite vs. Sheffield, 
 I Sandf. (N. Y.), 416; Tunno vs. Lague, 2 Johns (N. Y.), Cas. i; Cha- 
 noine vs. Fowler, 3 Wend., 179; Mead vs. Engs., 5 Cow., 303; Stanton 
 vs. Blossom, 14 Mass., 116. 
 
 10. — United States vs. Barker, 2 Paine, 340. 
 
 II. — Eason vs. Isbell, 42 Ala., 456. 
 
 12.— I Parsons, Notes and Bills, 641. 
 
 13.— .Commercial Bank vs. Barksdale, 36 Mo., 563. 
 
30 Rouech's Manual. 
 
 time of the demand, and damages at the rate of five per cent 
 upon the contents thereof, together with interest on the said 
 contents, to be comiputed from the diate of the protest ; and safd 
 amount of contents, damages and interest, shall be in full of all. 
 damages, charges and expenses."^* 
 
 "The rates to be allowed upon bills of exchange duly protested 
 ior non-iacceptance or non^iayment, if drawn or indorsed within 
 this state, payable at any place .without this state, but within the 
 United States, shall be as follows, in addition to the contents of 
 such bill with interest and costs, that is to say: vipon all such 
 tills payable within the territory of Wisconsin, or either of the 
 States of Illinois, Indiana, Pennsylvania, Ohio or New York, 
 three per cent on the contents of the bill; if payable within 
 «ither of the States of Missouri, Kentucky, M'aine, New Hamp- 
 shire, Vermont, Mlassachusetts, Rhode Island, Connecticut, 
 New Jersey, Delaware, Maryland, Virginia, or. the District of 
 Columbia, five per cent, and if payable elsewhere, within any 
 other of the United States or territories thereof, ten per cent. "^"' 
 
 Who May Make Presentment and Demand. — If a bill or note 
 is to be protested in case of dishonor, it must be presented for 
 acceptance, or payment, as the case may be, and demand made 
 by the notary himself, in behalf of the holder. Authorities do 
 not agree as to whether presentment by a notary's clerk is suf- 
 ficient; but the weight of authority, especially in the United 
 States, is decidedly to the effct that, if the notary is the agent 
 .authorized by the holder to present the paper and demand its 
 payment, he cannot do so by his clerk (unless he is authorized to 
 do so by statute), but must do so in person.^" 
 
 A notary cannot, on being told of such presentment and de- 
 mand by another, protest the instrument, or he would have to be 
 acting on mere hearsay; but he must go in person and again 
 
 14.— Miller's C. L., 4874. 
 IS.— Miller's C. L., 4875- 
 
 16. — Cribbs vs. Adiams, 13 Gray, 597; Carmichael vs. Penna. Bank, 
 5 Miss. (4 How.), 567; Mittenberger vs. Spaulding, 33 Mo., 426. 
 
Rouech's Manual. 31 
 
 make presentment and 'demand, so that he can CPrtify from his 
 own personal knowledge.^' 
 
 The reason for em'^loying a notary in case of foreign bills is 
 because, from the needs of the case, some act of a universally 
 recognized authority is called for. By force of custom, the of- 
 fiicial act of a notary public is of recognized authority throughout 
 the world. It is deemed to afford satisfactory evidence of dis- 
 honor to the drawer and indorsers, who from their residence 
 abroad might experience a difficulty in making proper inquiries 
 on the subject, and be compelled to rely on the representation 
 of the holder. By the common law, also, in case of a foreign bill, 
 a notary's protest is comipetent evidence of such fact, alike in cases 
 of protests for non-acceptance or non-payment and for better 
 security.^* The usual practice in case of foreign bills is, when 
 the notary does not himself present the bill, for the holder to 
 make his own presentment at first, and then, in case of a refusal, 
 to place the paper in the hands of a notary public to make, in his 
 turn, presentment and demand. K payment or acceptance is then 
 refused, the notary public protests the bill, and gives notice of 
 its dishonor. 
 
 Presentment for Acceptance. — ^The form of a bill of exchange 
 and the nature of the undertaking entered into by the drawer 
 and indorser of it, show plainly that the holder of the bill lias an 
 interest in having it presented for acceptance without any un- 
 reasonable delay. If it be drawn payable at sight, or a certain 
 number of days or months after sight, or after demand, the pre- 
 sentment is necessary in order to fix the time when it shall be- 
 come payable; and the law, not deeming it wise or equitable to 
 prescribe a fixed period when such a bill is to be presented for 
 acceptance, so as to charge the drawer and indorseirs, declares 
 briefly that it must be presented within a reasonable time, and 
 leaves it for the court to determine what is reasonable time under • 
 
 17. — Williamson vs. Turner, 2 Bay. (S. Car.), 410. 
 18— Halliday vs. McDougall. 20 Wend., 80. '' 
 
32 Rouech's Manual. 
 
 the circuimstances of each particular case.^" When the bill is 
 drawn payaible a specified length of time after date, or on a day 
 certain, it is well settled that the holder ^eed not, for the pur- 
 pose of charging the drawer and indorsers, present it for accept- 
 ance until it becomes due and payable.^" Nevertheless, it is ex- 
 pedient for fbe owner of the bill to have it presented at an early 
 day for acceptance, 'for if accepted, he acquires thereby the ad- 
 ditional security of the acceptor; and if the drawee' refuses to 
 accept, recoui-se may be had immediaitely to the drawer and 
 indorsers for payment.^^ 
 
 An instrument is properly presented for acceptance or pay- 
 ment, by exhibiting it to the drawee or payor,^^ or his 
 
 19. — Aymar vs. Beers, 7 Cowen R., 705; Sice vs. Cunningham, I id., 
 397; Robinson vs. Ames, 20 John R., 146; Field vs. Nickerson, 13 Mass. 
 R., 13I; Mullick vs. Radakisson, 28 Eng. Law and Eq. R., 86; Bridge- 
 port Bank vs. Dyer, 19 Conn., 136; Mitchell vs. Degrand, i Mason, 
 176; Wallace vs. Agry, 4 Mason, 336; s id., 118. The law does not fix 
 a time for presentment of bills for acceptance, where (hey are drawn 
 payable on or after sight; the rule in such case is, where there is no 
 usage of trade, that the bill must be presented within a reasonable time, 
 which is a mixed question of law and fact, to be determined by thej'ury 
 with the assistance of the judge. In doing so, the interest of both the 
 holder and drawee is to be considered. But these rules in relation to 
 bills do not apply to bankers' checks, which are peculiar instruments. 
 
 20. — Allen vs. Suydam, 20 Wend., 321; S. C, 17 id., 368; Orr vs. Mar- 
 ginnis, 7 East, 362; Plato vs. Reynolds, 27 N. Y., 586; Bank of Wash- 
 ington vs. Triplett, i Pet., 25; House vs. Adams, 48 Pa. St., 261; WaJker 
 vs. Stetson, 19 Ohio St., 400; Bank of Bennington vs. Raymond, 12 Vt., 
 401; Glasgow vs. Copeland, 8 Mo., 268; Carmichael vs. Penn. Bank, 4 
 How. (Miss.), 567; Batcheller vs. Priest, 12 Pick., 399. 
 
 21. — John R., 202; 3 East, 481; Dougl., 54; Watson vs. Tarpley, 18 
 How., U. S., 517; Lucas vs. Ladew, 28 Mo., 342; Pilkinton vs. Woods, 
 10 Ind., 432; Kinney vs. Heald, 17 Ark., 397. If the holder present? 
 the bill for acceptance, though not bound to do so, he must give notice 
 of the non-acceptance to the drawer and indorser, withtiut delay: Towns- 
 ley vs. Sumrall, 2 Peters' R., 170; Goodall vs. Dolley, i Term R., 712; 
 Landrum vs. Trowbridge, 2 Mete. (Ky.), 281; U. S. vs. Barker, 4 Wash., 
 C. C, 464. 
 
 22. — Where the maker of a note, on its day of payment, was called 
 on at his place 6i business, and he declared his inability to pay it, and 
 
Rouech's Manual. 35 
 
 agent,^^ and requesting or demanding its acceptance or 
 payment.^* The bill must be presented expressly for acceptance, 
 
 requested that the indorser be notified, t?his was held sufficient to charge 
 the indorser, as an exhibition of the paper would be useless: Gilbert vs. 
 Dennis, 3 Mete, 495. ' 
 
 23. — His clerk fouad at his counting-room is a sufficient agent: Stain- 
 back vs. Bank, II Grat. (Va.), 260; Nelson vs. Fortenall, Keigh, 180. 
 
 24. — The person making the presentment and demand must actually 
 make them; he should have the note with him, present it, and demand 
 its payment: Shedd vs. Brett, i Pick., 401; Bank of Utica vs. Smith, 18 
 Johns (N. Y.), 230. If there is no evidence to the contrary the demand 
 on a draft is presumed to be that it be paid in the currency in which it 
 appears on its face to be payable, and if payable in currency, a demand 
 that it be payable in gold will not charge the drawer: Leuzenberger vs^ 
 Kroeger, 48 Cal., 147. 
 
 It has been held enough of a compliance with 'his duty in these 
 regards to make the demand on one of the firm in the case of partner- 
 ship paper: -Greatrake vs. Brown, 2 Cr. C. C, 541; Crowley vs. Barry, 
 4 Gill (Md.), 194; Hunter vs. Hempstead, i Mo., 67; or on the surviving: 
 partner, where a bill was drawn on, and accepted by two partners, and 
 one of them died: Cayuga Bank vs. Hunt, 2 Hill, (N. Y.), 635; or on aa 
 agent appointed by the acceptor, and empowered by. him to make or 
 refuse payment: Phillips vs. Poindexter, 18 Ala., 579; or on the book- 
 keeper of drawees who have absented themselves from their place of 
 business without providing for payment: Deoatur Branch Bank vs. 
 Hodlges, 17 Ala., 42; Gardner vs. Bank of Tennessee, i Swan (Tenn.), 
 420; or on the president, cashier or agent of the bank where the paper 
 iSj payable, if the maker is not present, and the officer is apparently in ■ 
 charge: New Orleans R. R. Co. vs. McKelvey, 2 La. Ann., 359; or on 
 the treasure"- of an incorporated manufacturing company, which has 
 drawn on him by its agent, and indorsed the bill: Com'l Bank vs. St.. 
 Croix Manuf. Co., 23 Me., 280; or on only one of two promissors: Shedd 
 vs. Brett, i Pick., 401; or on one of several makers of a joint and several' 
 promissory note: Harris vs. Clark, 10 OHio, S- This, however, is dis- 
 puted; Taylor vs. Davidson, 2 Cr. C. C, 4.34; and it is held insufficient 
 to make the demand on only one of several joint-makers: Arnold vs. 
 Dresser, 8 Allen, 435; Blake vs. McMillen, 22 Iowa, 358; or on an as- 
 signee for the benefit of creditors: Armstrong vs. Thruston, 11 Md., 1481 
 
 But there have been frequent cases in which the Notary could not 
 find the drawee, and where the most he could do had to be held sufficient 
 to charge the endorsers; as when a bill was several times taken to the 
 office of the acceptors on the day it was due, and the doors were found 
 closed and no one there to answer the demand, it was held enough, even 
 
 (3) 
 
34 Rouech's Manual. 
 
 though one of the firm lived in the place: Wiseman vs. Chiapella, 2j 
 How., 368. So where the Notary called at the place of business and 
 afterwards at the dwelling of the maker on the last day of gface and 
 could not 'find him at either: Greatrake vs. Brown, 2 Cr. C. C, 541; and 
 where he made the presentment at the store recently occupied by the 
 maker, but which he found occupied byi another person, who could not 
 tell him where the maker could be found, there being no evidence that 
 he had any other plaice of busine-ss, or lived or was in the city at the 
 time: Peet vs. Zanders, 6 La. Ann., 364; and where he called at the 
 maker's last place of 'business, and at his late residence from which he 
 had only lately removed, and could not find him: Paton vs. Lent, 4 
 Duer (N. Y.), 231; and where he- was sent from the makers' last place 
 of business to another place at which he was told he could get informa- 
 tion, and was there told that the maker had gone West: Adams vs. Le- 
 land, s Bosw. (N. Y.), 411; and where he asked of both holder and 
 acceptor as to the residence of. an iodorser, and they both jiamed the 
 place where the bill was dated, at which he addressed the indorser, he 
 was considered to have shown due diligence dn making inquiry: Rawdon 
 vs.Redfield, 2/'Sand/f. (N. Y.), 178. But inquiry at the hotel bar-room, 
 and 'about the postoffi'ce and in the streets, is not sufificient: Spencer vs. 
 Bank of Salina, 3 Hill, 520. But where the 'holder of the paper found 
 the maker's last place of business occupied by strangers, and was told 
 that the firm that had made the: note bad failed and the partners had 
 gone out of town without leaving any funds, it was held not enough 
 without further inquiry, seeing that one of the firm lived in the city, 
 and bis name was in the directory: Granite Bank vs. Ayers, 16 (Pick., 392. 
 Nor when the note was made payable at the bouse of :R. Y., was it 
 enougih to simply demand payment there of R. Y. without inquiring for 
 the 'inaker.or inquiring whether he left funds to pay it: Planter's Bank 
 ■ vs. Bradford, 4 Humph. (Tenn.), 39. And where, sixteen months before 
 the note fell due, the endorser had told the maker where he lived, but 
 had moved away from there five months before it fell due, ynder circum- 
 stances that were notorious, it was not enough to send notice to him 
 there: Mechanics' Bank vs. Lynn, 2 Cr. C. C, 217. 
 
 Demand is • said to be excused by the disappearance of the bank 
 where payment was to have been made: Roberts vs. Mason, i Ala., 373; 
 by the discovery that the maker or indorser ihas no known residence or 
 place of it(usiness: McKee vs. Boswell, 33 Mo., 567; Helme vs. Middleton, 
 14 La. Ann., 484; Moor vs. Coffield, i Dev. N. C. L., 247; Tunstall vs. 
 Walker, 10 iMiss., 638; and in case of an indorser, by finding 'his place 
 of business closed and dtoor locked during business hours: Howe vs. 
 Bradley, 19 Me., 31. And it is excused where a note falls due after 
 the maker dies, and during the year within which the administrator 
 cannot be sued: Hale vs. Burr, 12 Mass., 86; Burrill vs. Smith, 7 Pick., 
 291 ; and it need not be made at the dwelling of the person liable, when 
 
Rouech's Manual. 35 
 
 however ; it is not enough to simply show it to the drawee.^^ 
 
 Where a person presenting a paper agrees to present it again, 
 no protest can be made without a new demand, the paper has 
 not as yet been dishonored.^" 
 
 There is a distinction between bills payable a certain number 
 of days after date and those payalble a certain number of days 
 after sight. In the former case the holder is bound to present 
 the bill at maturity ; in the latter case he has a right to put the bill 
 in circulation before it is presented, and then of course it is uh- 
 certain when it will be presented to the drawee."' 
 
 There is a close analogy between a bill payable a given num- 
 ber of days after sight, and a promissory note payable on demand, 
 so far- as respects the use of due diligence. In both cases, an 
 unreasonable delay will exonerate; in the former it exonerates 
 the drawer and indorsers, in the latter the indorser only.^* 
 
 If the drawee while not' refusing to accept, desires time to 
 look into the state of his accounts before deciding, he is entitled 
 to twenty-four hours for that purpose.^" 
 
 Presentment must be made during usual and reasonable 
 bourse, which, with business men means any time during the 
 usual hours of business; at a bank, dring banking hours; at a 
 place of business, during the usual business hours ; at one's resi- 
 dence between the usual hours of rising and retiring. The usage 
 of trade must be taken into consideration in determining this 
 
 he himself is dead, and his house deserted, and no administrator has 
 been appointed: Haslett vs. Kunihardt, i Rice. (S. C), 189. 
 
 When the maker's residence is known, a notice sent to him through 
 the post-oflfice that his note is overdue and unpaid, is insufficient to 
 charge the indorser as a demand. Stuckert vs. Anderson, 3 Whart. (Pa;), 
 116. 
 
 25.— 'Mitchell vs. Degrand, i Mass., 82. 
 
 26. — Case vs. Burt, 15 Mich., 82. 
 
 27. — Goupy vs. Harden, 7 Taunt., 159. 
 
 28. — Furman vs. Haskin, 2 Cairns, 369; Sice vs. Cunningham, i 
 Cowen, 397; Van Hoesen vs. Van Alstyne, 3 Wend., 75; Solmon vs. 
 Grosenor, 66 Barb., 160; Carter vs. Flower, 16 M. & W., 743. 
 
 29. — Case vs. Burt, 15 Mich., 82. 
 
36 Rouech's Manual. 
 
 question.^" The general principle being that reasonaible, due and 
 proper diligence should be used in the matter, and the present- 
 ment should be made at such a time of day that the person ex- 
 pected to make the payment or give the acceptance, in the exer- 
 cise of ordinary busiiness prudence, cannot 'be supposed tO' have 
 been taken ofif his guard or caught without funds. 
 
 As demand and notice on the wrong day would be a mere 
 nullity, and if, owing to some pecuiliar circumstance, the notary 
 shouild be uncertain on what day he ought to make demand, as, 
 for instance, if demand ought to be made on the 5th of a certain 
 month, but he were uncertain whether demand should be made 
 on the 4Jth, 5th or 6th, he could make demand and give notice 
 on each of these days, and the demand and notice of the 4th and 
 6th would be nullities. He might be laughed at for ignorance,, 
 but perhaps he would prefer this to a large pecuniary liability 
 incurred from lack of so doing. 
 
 When an instrument is made payable a certain number of 
 months after date, it is not lunar ;months of twenty-eight days, 
 nor the thirty days per month sometimes adopted commercially,, 
 but calendar months that are meant. Therelfore, if dated January 
 1st, payable three months after date, it would fall dvte (excluding 
 days of grace) on April 1st; if dated January 31st, and payable 
 one month after date, it would fall due (excluding grace), on the 
 last day of February, generally the 28th. But if the note or bill 
 be payable a certain number of days after date, the number of 
 days actually expressed governs; that is, if a note were dated 
 January 31st, and payable sixty days after date, it would fall dae 
 (omitting days of grace), on April ist in ordinary years, and on 
 March 31st in years when Fdbruary has twenty-nine days in it. ■ 
 In computing the time when an instrument falls due, tlie day 
 of its date is always excluded; and if payable so many days after 
 demand, after sight, etc., the day of demand, sighr. etc., is. 
 excluded. 
 
 30.— Bank vs. McLaughlin, 4 W. L. J., 70; Fox vs. Newell, 8 W. L. 
 J.,421. 
 
Rouech's Manual. 37 
 
 Presentment for Payment. — Presentment and demand are es- 
 sential parts of the notary's duty in handling commercial paper.* 
 The holder of a bill can not resort to the drawer until he has 
 demanded payment 'of the drawee, or used due diligence to de- 
 mand it, and has notified the form'er of the latter's refusal to pay.^^ 
 And, in order to charge the endorser of a promissory note, a 
 demand of payment must be made upon the maker, and notice 
 thereof, and notice of the non-payment of the note, and that the 
 holder relies upon the indorsers for payment, must be seasonably 
 given him, or a waiver of demand and notice, or sufficient 
 grounds of excuse, must be shown ;"* even where the indorsement 
 is made after the maturity of the instrument, and the maker is 
 known to be insolvent.'^ 
 
 As against the maker of a promissory note or the acceptor of 
 a bill of exchange, it is not, necessary for ithe holder to aver or 
 prove a demand of payment.. The commencement of a suit is 
 sufficient demand as in other cases of precedent debts or duties f^ 
 but if the maker or acceptor can show^that he was ready to pay 
 at the time and plate appointed and has continued to be so ready, 
 it will be a bar to recovery for damages or costs', but no bar to the 
 action. 
 
 The readiness to pay at the time and place is in the nature 
 of a tender and must be kept good; if the maker, after the time of 
 .payment, withdraws the money from the bank at which the note 
 was payaible, the plaintiff will, in a suit against the maker, be en- 
 titled to recover the amount of the note with interest and costs. •''^ 
 
 31. — Am. and Eng. Enc. of Law, 5282°' and cases there cited. 
 
 32. — Am. and Eng. Enc. of Law, 5282^' and cases there cited. 
 
 33. — Am. and Eng. Enc. of Law, 5282'* and 5282°° and many cases 
 there cited. 
 
 34. — Foden vs. Shark, 4 Johns, 183; Wolcott vs. Van Santwood, 17 
 John., 248; Caldwell vs. Cassidy, 8 Cowen, 271; Hastun vs. Bishop, 3 
 Wend., 13; Green vs. Goings, 7 Barb., 652; Hills vs. Place, 48 N. Y., 520; 
 Bank of U. S. vs. Smith. 11 Wheat., 171; Fenton vs. Gondry, 13 East, 
 459; Collins vs. Naylor, 10 Phila (Pa.), 437. 
 
 35._:Hills vs. Place, 48 N. Y., 523. 
 
38 Rouech's Manual. 
 
 A transfer by the maker to the indorser of a note of a part 
 
 ' of the property owned by the maker at the ti^me of the transfer, 
 
 does not dispense with the necessity of demand and notice as 
 
 against the indorser, although *the transfer covers all the property 
 
 owned by the inaker at the time the note matures. ^° 
 
 When the maker of a promissory note dies before it becomes 
 payable, the indorser should make inquiry for his personal rep- 
 resentative, if there is one, and present the note to him for pay- 
 ment on its matuirity.^' Thus, where the maker of a note died 
 before it came due, and the indorser became the administrator 
 of the estate, and notice of non-payment was not given to the 
 indorser, he was held to be disqharged.^* The death of the maker 
 of a note does not release the holder from the necessity of using 
 due diligence to bind an indorser.'® 
 
 Bills payable on demand, or on a day certain, or a certain num- 
 ber of days after date, or after any other certain event, need not 
 be presented for acceptance, but only for payment. But it is usual 
 and best to present such bills for acceptance, tO' make surfe of 
 their being honored, and to prpcure the assurance of the accept- 
 or's liability.*" If a bill is so presented and acceptance is re- 
 fused, it must be protested and notice given. 
 
 Where a promissory note'is made by one partnership and in- 
 darjsed by another, the acting partner in both being the same 
 person, this does not excuse the want of due presentment and- 
 notice.*^ And where a memiber of the firm' made a promissory 
 
 36. — Brandt vs. Mkkle, 28 Md., 436; Moses vs. Ela, 43 N. H., 557; 
 Woodman vs. Eastman, lo N. H., 359; Ray vs. Smith, 84 U. S. (17 Wal.), 
 411. Compare Shipman vs. Cook, 16 N. J. Ch., 251. 
 
 37. — ^Gower vs. Moore, 25 Me., 16. 
 
 38. — iMarganer vs. Union Bank of Georgetown, 28 U. S., 87. 
 
 39. — Groth vs. Gyger, 31 Pa. St., 271; Juniata Bank vs. Hale, 16 Serg. 
 & R. (Pa.), 157; Johnson vs. Harth, i Bail. (S. C), 183; Price vs. Young, 
 I Nott & McC. (S. C), 438. Compare Davis vs. Francisco, 11 Mo., 572. 
 
 40. — ^Walker vs. Stetson, 19 O. St., 400. 
 
 41. — ^Dwight vs. Scovil, 2 Con., 654. See also Poland vs. Boyd, 23 
 Pa. St., 476. 
 
Rouech's Manual. 3^ 
 
 note payable to the order of the firm and it was indorsed by the 
 firm, it was held that the relation of the firm to the note was that 
 of indorser, and could not be varied by parol, and that a demand 
 upon the maker was necessary to charge 'the firm.*^ 
 
 The fact that the administrator is not bound to pay the note 
 until duly allowed against the estate does not relieve the holder 
 from the obligation to make presentment and demand.*^ 
 
 When Presentment Made. — Presentment of a bill or note for 
 payment, to he effectual, must be made only at the time when the 
 instrument is due. Presentment either before or after is a nul- 
 lity ;** bills payable at sight or on demand, or so many days after 
 sight or after demand, or after any uncertain event, must be 
 presented for acceptance, and notes of like order presented for 
 payment, within a reasonable time. The question as to what is 
 a reasonable time depends largely upon the circumstances of the 
 particular case; no delay is reasonable beyond that which is ne- 
 <;uired in the ordinary course of business without special incon- 
 venience of the holder, or by the special circumstances of the 
 particular case.*^ 
 
 Paper falling due on a holiday must be presented on the next 
 succeeding business day,** and paper entitled to grace*' must be 
 presented on the last day of grace, unless that be a holiday, in 
 which event it must be presented on the next succeeding business 
 day. 
 
 42. — Ferner vs. Williams, 37 Barb. (N. Y.), g. / 
 
 43. — Frayzer vs. Dameron, 6 Mo. App., 153. 
 
 44. — Johnson vs. Haight, 13 Johns (N. Y.) 470 ; Norton on Bills and Notes, 
 271. 
 
 45. — Aymar vs Beers, 7 Cowen, 705 ; Sice vs. Cunningham, i Cowen, 
 Sgy; Robinson vs. Ames, 20 John, 146; Field vs. Nickerson, 13 Mass., 131; 
 Mullick vs. Radakinson, 20 Eng. Law and Equity R., 86; Bridgeport 
 Bank vs. Dyer, 19 Conn.; 136; Mitchell vs. Degrand, i Mason, 176; Wal" 
 lace vs. Agry, 4 Mason, 336; S Id., 118. 
 
 46. — Hitchcock vs. Hogan, 99 Mich., 124. 
 
 47. — All bills of exchange are, by the law merchant,- entitled to days 
 of grace, as of right, and by the common law negotiable promissory notes 
 are entitled to the same, but many of the states have fixed by statutes on 
 what instruments days of grace shall be allowed. 
 
40 Rouech's Manual. 
 
 The Michigan statutes upon the question of grace are as fol- 
 lows : "On all bills of exchange payable at sight, or at a future 
 day certain, within this State, and on aM negotiable promissory 
 notes, orders and drafts payable at a future day certain, within 
 this State, in which there is not an express stipulation to the 
 ■contrary, grace shall be allowed, except as provided in the fol- 
 lc»wing section, in like njanner as it is allowed by the custom of 
 merchants, on foreign bills of exchange, payable at the expira- 
 tion of a certain period after date or sight."^^ 
 
 "The provisions of the last preceding section shall not extend to 
 any bill of exchange, note or draft payable on demand."*^ 
 
 "All checks, bills of exchange or drafts, appearing on their 
 lace to have been drawn upon any bank, or upon any banking 
 :association, or individual banker, carrying on banking business 
 under the act to authorize the business of banking, which are on 
 their ifaoe payable on any specified day, or in any number of 
 •dlajys after the date or sight thereof, shall be deemed due and 
 payalble on the day mentioned for payment of the same, without 
 any days of grace being allowed, and it shall not be necessary 
 to protest the same for non-acceptance."''" 
 
 "The following days, viz : The first day of January, commonly 
 called New Year's Day ; the twenty-second day of February, com- 
 monly called Washington's birthday; the thirtieth day of May, 
 commonly called Decoration day; the fourth of July, the first 
 Monday of September, oomimonly called Labor day; the twenty-- 
 fifth day of December, commonly called Christmas day; every 
 Saturday from twelve o'clock noon until twelve o'clock at night, 
 which is hereby designated a half holiday ; and any day appointed 
 or recommended by the governor of this iState, or the president 
 of the United 'States as a day of festing and prayer or thanks- 
 giving, sbMl, for all purposes whatever as regards the presenting 
 
 48.— 'Miller's C. L., 4871. 
 49.— Miller's C. L., 4872. 
 io.— Miller's C. L., 4877. 
 
Rouech's Manual. 41 
 
 ior payment or acceptance, and of the protesting and giving no- 
 tice of the dishonor of bills of exchange, bank checks and promis- 
 sory notes, made after this act shall take effect; also for the 
 holding of courts, except as otherwise provided, be treated and 
 considered as the first day of the week, commonly called Sunday, 
 and as public holidays or half holidays ; and all such bills, checks 
 and notes otherwise presentable for acceptance or payment on any 
 of the said days shall be deemed to be payable and presentable for 
 acceptance or payment on the secular or business day next suc- 
 ceeding such holiday or half holiday.""^ 
 
 Place of Presentment. — ^Text writers make a distinction 
 between papers addressed to or payable at a particular place, and 
 those containing no address or place of payment. The presenta- 
 tion should be made at the place of address for payment. ^^ If 
 the drawee or payor has changed his place of business or place 
 where he would usually accept paper or make payment, and can 
 
 SI.— Miller's C. L., 4880. 
 
 52. — Tuckerman vs. Hartwell, 3 Me. (3 Greenl), 147; Smith vs. 
 Little, 10 N. H., 526; Anderson vs. Drake, 14 Johns. (N. Y.), 114. But 
 wihere a joint and several note was made payable at the dwelling houses 
 of the makers, a presentment to both in the barnyard of one of them, 
 not being objected to at the time, was held sufficient. Baldwin vs. Farns- 
 worth, 10 Me., 414. 
 
 Where a note has been made payable at a given bank, it has been 
 held that demand and presentment for payment were properly made of 
 -the officers there, and that no personal demand on the maker was neces- 
 sary. Bank of United States vs. Smith, 11 Wheat., 171; Hildeburn vs. 
 Turner, 5 How.,. 69; Central Bank vs. Allen, 16 Me., 41; Lee Bank vs. 
 Spencer, 6 Mete, 308; Merchants' Bank vs. Elderkin, 25 N. Y., 178. It 
 is supposed t'hat if the maker is not there himself, he will have provided 
 funds to meet the demand, and that the banking officers will examine 
 the a-ccounts to see if he has done so, and if he ihas, that they will make 
 the payment. But where a note was made payable "at any bank in the 
 city of Boston," it was decided that a demand at any bank was sufficient 
 to charge endorsers, and that, too, without giving previous notice at 
 what bank it would be made. Langley vs. Palmer, 30 Me., 467; Maiden 
 Bank vs. Baldwin, 13 Gray, 154; Brickett vs. Spaulding, 33 Vt., 107. 
 
 But presentment cannot be made to a bank officer out of business 
 hours. Swan vs. Hodges, 3 Head (Tenn.), 251. 
 
42 Rouech's Manual. 
 
 not be found at the place mentioned in the paper, then some 
 authorities hold that the presentment should not be confined to 
 such place, but requires the holder to use a reasonaible degrefe of 
 effort to find him. This, however, is not the universal ruling^ 
 If there is no address or place of payment mentioned in the instru- 
 ment, then presentment must be made at the place of business or 
 residence 6i the drawee or payor .^^ The notary, however, must 
 make diligent and intelligent attempts to find the parties liable on 
 the paper. 
 
 When a paper is not made payable at any particular place, the 
 general rule is that, in order to charge the indorser, payment must 
 be demanded of the maker personally, or, if not personally, at 
 his dwelling place or other place of abode, or at his place of busi- 
 ness."* There are instances when this can not be done, as where 
 the maker has absconded, or is a seaman on a voyage,"^ or has no 
 known place of residence or business,^* or after giving the paper 
 and before its maturity has removed froim the state or country .^^ 
 In all of these instances a presentment and demand are excused. 
 It is to be emphasized, however, that the rule requires due dili- 
 gence. 
 
 In case of the death of the maker, derfiand mtist be made of 
 his legal representatives,"^ executor or administrator, or, if none 
 have been appointed, then at the dwelling house of the deceased.^* 
 
 53. — Smith vs. Little, 10 N. H., 526. 
 
 It is said, too, that it may be made at the place where the note was. 
 dated, in the absence of proof that at its maturity the bolder knew that 
 the maker lived elsewhere. Smith vs. Philbrick, 10 Gray, 252. 
 
 54. — Taylor vs. Snyder, 3 Denio, 145; Holtz vs. Boppe, 37 N. Y.,. 
 634; Gates vs. Beecher, 60 N. Y., 518. 
 
 55. — Barnell ys. Willes, 4 Leigh, 114. 
 
 56. — Dennie vs^ Walker, 7 N. H., 199; Whittier vs. Graffam, 3 Greenl., 
 82; Putnam vs. Sullivan, 4 Mass., 53; Duncan vs. McCullough, 4 S. and 
 R„ 480. 
 
 57. — Widgery vs. Munroe, 6 iMass., 449; Anderson vs. Drake, 14. 
 John, 114. 
 
 58. — Shepard vs. Hawley, i Conn., 367; White vs. Stoddard, 11 Gray,, 
 528;- Landry vs. Sansbury, 10 La., 484. 
 
 59. — Huff vs. Ashcraft, i D. (Ohio), 227. 
 
■Rouech's Manual. 43 
 
 The fact that his body is still in the house creates no exception. 
 It i« important that the rules of commercial law should be uni- 
 form, and exceptions should not unnecessarily 'be allowed. 
 
 But a personal demand is not often necessary as a condition 
 precedent to fix the liability of the drawer or indorsers.' It is the 
 custom to express the agreement that the instrument be paid at 
 some place, and when this is not done, there is the usually implied 
 agreement to that effect. By the law merchant it is not necessary 
 that a demand should be personal; it is sufficient if it be made at 
 the house of the maker or acceptor."" Wlhen the instrument is 
 payable at a certain place the mere presence of the paper at that 
 place on the day of payment is enough.*^ 
 
 The place of demand depends somewhat upon the terms of the 
 instrument, and whether or not these terms specify a place of pay- 
 ment, or address, or not, and somewhat upon the accessibility 
 of the parties; also upon such incidents to the paper as specified 
 agreements made between the parties at time of the origin of the 
 same. And all these questions enter into the fundamental ques- 
 tion of diligence; has such diligence been exercised in the pres- 
 entation, that in equity and fairness the indorsers may properly 
 be charged? 
 
 Norton, in his work on "Bills and Notes," makes the following- 
 summary of the common rules, as to place of presentment : 
 
 1. If the instrument is to be paid at a city merely, anywhere 
 in that city. 
 
 2. K, in the foregoing subsection, the person from whom 
 payment is expected has his home and office in the same city, 
 presentment may be made at either his home or office. 
 
 3. If the instrument is to be paid at a special street address, 
 as "No. 10 Main Street, Buffalo, N. Y.," at No. 10 Main Street. 
 
 4. If there is no place of business or it is abandoned, at the 
 maker's house. 
 
 60. — Sanderson vs. Judge, 2 H. Bl., 509. 
 61. — Nichols vs. Goldsmith, 7 Wend., 162. 
 
44 Rouech's Manual. 
 
 5. Where the instrument is made payable at either or several 
 places, presentment at any of those places is sufficient. 
 
 The maker of a promissory note, made payable on demand 
 at a particular place, is not bound to pay it unless it is presented 
 at the place where it is expressed to be payable. And there is no 
 ground for a distinction upon this point between notes made by a 
 natural preson and those made by a corporation, or between 
 notes held by natural persons or corporations. 
 
 The fact that a note is made in this country, payable generally, 
 -and the maker afterwards, before its maturity, removes to a for- 
 eign country, does not dispense with the necessity of a demand 
 tipon him at his residence in such foreign country, if known, in 
 order to hold an indorser. And where a note, specifying no place 
 of payment, was made and indorsed in New York, but the maker 
 and indorser resided in a foreign country, and continued to reside 
 there when the note fell due; their place of residence being kn^iwr 
 to the payee and holder both when the note was given and when 
 it matured, the presentment of the note to the maker, demand oi 
 payment from him, and notice to the indorser, were necessary 
 in order to charge the latter. 
 
 Waiver of Prestnment; etc. — Waiver is a renunciation of some 
 rule which invalidates the contract, but which, having been intro- 
 duced, for the benefit of the contracting party, may be dispensed 
 with at his pleasure. The requirements of presentment of a bill 
 or note and notice of its dishonor 'have been introduced for the 
 benefit of the maker and indoTser of com'mercial papers, and may 
 therefore be waived by them. 
 
 A verbal or written communication to the holder, dispensing 
 with the necessity of demand or notice, will be sufficient, and the 
 waiver may also be implied from the action of the maker or in- 
 dorser. 
 
 An agreement made by the drawer or indorser before dishonor 
 waiving notice of non-payment or waiving the protest of a bill or 
 note, will render him liable thereon just the same as if due notice 
 had been given. 
 
Rouech's Manual. 45. 
 
 Acceptance. — ^An acceptance is an engagement to pay a bill 
 according to the tenor of the acceptance, and a general acceptance 
 is an engagement to pay according to the tenor of the bill, and 
 must be in writing. Acceptance may be made by an authorize! 
 agent. 
 
 A general acceptance is shown by writing "accepted," with 
 the date and signature of the drawee, across the face of the bill. 
 
 Although a verbal acceptance of a bill is good under the law- 
 Merchant, and although conditional acceptances, such, for in- 
 stance, as "to pay when goods consigned to me are sold," and 
 qualified acceptances as to the sum, time, place or mode of pay- 
 ment, are at times made, yet the holder has the right to insist 
 upon an unconditional and absolute acceptance in writing, or to 
 have the bill protested for non-acceptance. And although accep- 
 tance in writing is not required by the law Merchant, the statutes 
 of many of the States now require it to be so done. The Mich- 
 igan statute provides that : "No person within this State shall 
 be charged as an acceptor on a bill of exchange, unless his accep- 
 tance shall be in writing, signed by himself or his lawful agent."'*' 
 The notary's only safe course is to take nothing but an uncondi- 
 tional acceptance in writing, unless instructed otherwise by the 
 holder. Indeed, by receiving a qualified or conditional accep- 
 tance the holder discharges all antecedent parties, unless he 
 obtains their consent. Should the holder take a partial accep- 
 tance, he will discharge the drawer and indorsers, unless he pro- 
 tests as to the residue. 
 
 While an acceptance may be made by an authorized agent, it 
 is said that the bolder may require the production of the agent's 
 authority and, if not produced, may treat the bill as dishonored.^*^ 
 
 Where the holder takes an acceptance from one not authorized 
 
 62.— Gillett vs. Averill, 5 Denio, 85; Bank vs. Hollister, 17 N. Y., 46; 
 Merchants' Bank vs. Elderkin, 25 N. Y., 178; Woodin vs. Foster id- 
 Barb., 146. 
 
 63.— Miller's C. L., 4875. 
 
 64. — Atwood vs. Munnings, 7 B. C, 278. 
 
46 Rouech's Manual. 
 
 to make such contracts for his principal, the prior parties will be 
 released, unless the principal ratifies the act. 
 
 Under the statute the acceptance must- also be signed, and the 
 signature of the drawee written across. the face of the bill is a 
 sufficient writing and signing to satisfy its requirement."" 
 
 If the bill is not accepted within twenty-four hours for present- 
 ment, an acceptance is understood to be refused, and protest must 
 be made at once to bind the drawer and indorsers. 
 
 Only the drawee or his agent can accept a bill, but when the 
 bill has been protested, a stranger to the bill may. accept same for 
 honor. Such an acceptance is called supra protest, and is defined 
 as follows : 
 
 An acceptance supra protest is an undertaking by a stranger 
 to the bill, after protest, for the benefit of all parties subsequent to 
 him for whose honor it is made, and conditioned to pay the bill 
 when it becomes due if the original drawee does not; and the 
 method of taking such acceptance is as follows : 
 
 The acceptor for honor appears before a notary public and 
 witnesses, and declares he accepts such protested bill for the honor 
 of some party to it. He subscribes ' his name to the words 
 "Accepts S. P." He then notifies the paPty for whose honor accep- 
 tance is made. If, upon presentation and demand, acceptance or 
 payment be refused, the paper is thereby dishonored, and the pro- 
 'test must be made promptly. 
 
 Noting the Dishonor. — A custom now well sustained by the 
 courts permits the notary to make a minute on the dishonored 
 instrument, or in his register, of the presentment, refusal to accept 
 or pay, the month, day and year, and his charges of protest, which 
 is called "Noting the Protest," but which must be done at thevery 
 time of the dishonor, or not later than the very day thereof. This 
 "Initial Protest,"as it has been called, may then be extended into 
 the regular protest, or, in other words, the protest may be written 
 out in full immediately afterwards. 
 
 The form of such noting may be as follows : 
 
 6;.— Spear vs. Pratt, 2 Hill., 582. 
 
Rouech's Manual. 47 
 
 Form No. ' 8. 
 
 Detroit, Jan. i, 1900. 
 Acceptance demanded and refused. * 
 
 My fees, $ RICHARD ROE, 
 
 Notary Public. 
 Notice of Protest. — The paper -having been dishonored, it is 
 the duty of the notary to give prompt notice of the fact to all par- 
 ties in interest. Suiah notice of dishonor or protest is bringing, 
 either verbally or by writing (usually the latter),"^ to the knowl- 
 edge of the parties liable on the paper"'' the fact that the paper, 
 upon proper proceedings taken, has not been accepted, or paid, 
 and that the party notified is expected to pay it. The elements 
 of such a notice are: An identification of the instrument, a state- 
 ment of its proper presentmient and demand for acceptance or 
 payment, which was refused,"* a statement of its non-acceptance 
 or non-payment, that the holder expects the party notified to pay, 
 and that the notification be signed by the sender."" No technical 
 phrases are necessary in such notice. It is only required that the 
 terms used be such as fairly and naturally lead a mind of ordin- 
 ary intelligence to the idea that the paper has been presented at 
 maturity and dishonored, and that the party notified is looked to 
 for payment.''" Following is a form quite extensively used: 
 
 Form No. p. 
 
 , A. D 
 
 To 
 
 Take notice, That the (bill, or note) for 
 
 ($ ), made by ^ dated 
 
 66.— Merritt vs. Woodbury, 14 Iowa, 299; Glasgpw vs. Pratte, 8 Mo., 
 336. 
 
 67. — The parties to be notified are, the indorsers on a note and the 
 drawer and indorsers of a bill of exchange. 
 
 68.— Piatt vs. Drake, i Doug. (Mich.), 296. 
 
 69. — Artisan's Bank vs. Backus, 36 N. Y., 100. 
 
 70. — Wynn vs. Alden, 4 Den., 163; Burkam vs. Trowbridge, g Mich., 
 at -212; Cromer vs. Piatt, 37 Mich., at 134-13S; Cayuga Bank vs. Hunt 
 2 Hill (N. Y.), 625. 
 
48 Rouech's Manual. 
 
 , payable (on demand or, etc.) at"" 
 
 , and endorsed by you, has this day been pre- 
 sented at and demand made for (acceptance 
 
 or payment) thereof, which has been refused." Said (bill or note) has 
 been duly protested" for (non^cceptance or non-payment), and the 
 holders now look to you for payment of the same." 
 ^ Yours, etc.. 
 
 Notary Public in and for County, 
 
 The notice must be explicit and in no way calculated to mis- 
 lead the party to whom it may be given.''^ It must be sufficiently 
 definite in its description of the paper to enable the indorser to 
 know to what instrument in particular the notice refers.'* A 
 notice which barely puts the indorser upon his inquiry is not suf- 
 ficient.'' 
 
 The notice must be given by the holder of the paper, on any 
 person who is a party to it, and who would, on the same being" 
 
 71. — If the paper is payable generally, instead of at a specified place^ 
 that fact must be stated in the notice. Kilgore vs. Bulkley, 14 Conn., 
 362; Crocker vs. Getchell, 23 Me., 392; Renick vs. Robbins, 28 Mo., 339;. 
 Dole vs. Gold, 5 Barb., 490. 
 
 72. — ^Pinkham' vs. Macy, 9 Mete, 174; Piatt vs. Drake, .1 Doug- 
 (Mich.), 296; Spiers vs. Newberry, 2 Doug. (Mich.), 424; Newberry vs. 
 Trowbridge, 4 Mich., 391; Pahquioque Bank vs. Martin, 11 Abb., N. Y. 
 Prac, 291. 
 
 TZ- — Newberry vs. Trowbridge, 4 Mich., at 393, and cases there cited. 
 
 74. — It has been held that the notice need not state that the holder 
 looks to the party notified for payment; his giving notice implies that he 
 does. Kowles vs. Harts, 3 Conn., 517; Warren vs. Oilman, 17 Me., 360.. 
 
 75. — ^Sno-w vs. Perkins, 2 Mich., 238.- 
 
 76. The identification is usually by copy, but it is enough if the- 
 original of the paper is annexed and referred to, or if there is an indorse- 
 ment on the protest naming the maker and indorsers and stating the 
 amount and date of the protest, therein agreeing in all respects with the- 
 instrument sued on. Fulton vs. Maccracken, 18 Md., 528, unless, in- 
 deed, there is proof of other notes to which such an indorsement might 
 apply. 
 
 •j-j. — It is not construed as a notice of a demand of payment from' 
 the drawer of a note, and of 'his failure to pay, when the notary merely" 
 informs the indorser that the day of payment has expired and that pay- 
 ment is expected of him. Sinclair vs. Lynch, i Spears (S. C), 244. 
 
Rouech's Manual. 49 
 
 returned to him, have a right of action upon it. A notice by a 
 mere stranger is not sufficient. But an agent of, or any person 
 duly authorized by the holder, may give the notice. 
 
 An unsigned written notice of the dishonor of a bill is not suf- 
 ficient,'* but it is enough if it is signed by the notary a nd not by 
 the party giving notice,''" and a printed notice of protes t with the 
 notary's printed -signature is enough if it describes the paper ac- 
 curately;*" it should appear also to be the officer's own act, 
 although his name may be signed by a clerk or in print. It is 
 only necessary that the signature be by his authoriy.*^ The 
 authentication of the notice should be by the forms of t 'le locality 
 as they are at the time of making it.** 
 
 The notice must be given to the person upon v, hom it is 
 sought to fix a liability upon the instrument. It is safi r practice 
 to notify all indorsers, that is, indorsers for collection, accommo- 
 dation drawer or indorser, etc., and to notify each partn »r, as well 
 as the firm by name ; each of the joint indorsers; persons represen- 
 tative, if any; if none, then some authorized person at ihe family- 
 residence; the bankrupt personally and the assignee of the 
 bankrupt. 
 
 Between parties residing in the same town the indjrser was 
 formerly entitled to personal notice, either verbally or i 1 writing, 
 or a written notice must be left at his dwelling place, or place 
 of business, but this rule has been relaxed so that notices may 
 always be sent through the postoffice, whenever there i » a regular 
 communication by mail between the place of presentnxent or da- 
 mand and the office where the person to be charged usually 
 receives his letters and papers. This is true whether the sender 
 and the person to be charged live in the same place or not. Some 
 
 78. — Walmsley vs. Acton, 44 Barb., 312. 
 
 7p._Coffman vs. Bank of Kentucky, 41 Miss., 212. 
 
 80.— Spalding vs. Krutz, i Dill., 414. 
 
 81. — Fulton vs. Maccracken, 18 Md., 528. 
 
 82.— Carter vs. Burley, 9 N. H., 558. 4 .. 
 
 (4) 
 
50 Rouegh's Manual. 
 
 Jurisdictions hold to the old rule. Unless the statute intervenes 
 a verbal notice is sufficient, but it must be given to the indorser 
 personally. Mere hearsay does not create a binding liaibility, and 
 does not come within the reasons sanctioning the verbal notice, 
 viz: If ifrom a conversation between the parties it can be ascer- 
 tained as a fact that the party against whom the liability is sought 
 to be enforced well understood what instrument was referred to, it 
 is sufficient. It seems also to be the rule that a verbal notice is 
 less strictly construed than a written one. This is because a ver- 
 bal communication to the indorser, and which calls forth a con- 
 versation about the instrument in question, is very different from 
 a written notice sent to the indorser. The latter constitutes the 
 only means of information as to the instrument intended by it; if 
 misdescriibed the indorser is wronged, because he is misled. With 
 a verbal notice, however, he has the opportunity of informing 
 himself fully. 
 
 Notice of dishonor niay be sent as soon as there is an unqual- 
 ified refusal to accept or pay the instrument, and must be sent, 
 if the parties reside in the same place, 'before the expiration 
 of the proper hours of business of the day following the dishonor; 
 and, where the parties reside in different places, the notice must 
 be put in the postoffice in time to go by mail the day next succeed- 
 ing the day of dishonor, or the first possible or practical mail 
 after the default. - 
 
 The need of piomptness in carrying or sending the notice of 
 tlie dishonor of tine paper can hardly be overrated. A bill of ex- 
 change must be protested, or there must be a noting of the protest 
 en it, on the same day as the presentment and demand.*' The 
 notice should 'be given by the earliest available mail after the 
 paper has been protested' — if not on the same day, on the next, 
 though if that should 'be Sunday, and if Saturday was the proper 
 day for demand, Monday has been held early enough.** But in 
 
 83. — Commercial Bank vs. Barksdale, 30 Mo., 563. 
 84. — Seventh Ward Bank vs. Hanrick, 2 Story, 416; Crawford vs. 
 MilHgan, 2 Cr. (2. C, 226; McElroy vs. English, Id., 528. 
 
Rouech's Manual. 51 
 
 one case where the note was protested two hours before mail 
 time, it was regarded as negligence to wait until after the mail 
 had closed.*" 
 
 Service of Notice. — The common law rule is that the notice 
 should be delivered in person if the party to be notified is within 
 easy reach,*" but may be sent by mail if he lives out of town or at 
 any inconvenient distance. But, in Michigan it is enacted, that 
 "Whenever the indorser or indorsers of any promissory note, or 
 the drawer or indorser of any check, draft or bill of exchage, shall 
 reside or have a place of business, or upon information obtained 
 by diligent inquiry shall be reported to reside or have a place of 
 business in the same city, village or township where such promis- 
 sory note, draft, check or bill of exchange is made payable, or may 
 be legally presented for payment or acceptance, all notices of the 
 non-payment or non-acceptance thereof may be served by deposit- 
 ing such notices with the postage prepaid, in the postoffice in the 
 city, township or village where such promissory note, draft, check 
 or bill of exchange is made payable, or may be legally presented 
 for payment or acceptance, properly directed to such drawer or 
 indorser at such city, village or township; and whenever any 
 promissory note, check or draift shall not be made payable at any 
 place, notices of non-payment or non-acceptance may be served 
 by depositing the same in a postoffice, prepaid, directed to the 
 drawer or indorser at his reputed place of postoffice delivery, 
 such reputed place of business, residence or postoffice delivery 
 to be ascertained by the best information that can be obtained bv 
 diligent inquiry therefor."*^ This is so, too, in Alabama.** 
 
 Notwithstanding this, it is the safer way, and more in accord- 
 ance with established principles, to serve the notice personally, if 
 possible. It has been held that the notice ought to be delivered 
 
 85. — Freeman's Bank vs. Perkins, 18 Me., 2p2. 
 
 86. — Newberry vs. Trowbridge, 4 Mich., at 394, and cases cited; S. C, 
 13 Mich., at 277. But see Nevins vs. Bank, 10 Mich., at 551. 
 87.— Miller's C. L., 4876. 
 88. — Green vs. Farley, 20 Ala., 322. 
 
52 Rouech's Manual. 
 
 in person and not sent by mail when the holder, or his agent, the 
 notary, lives in the same town with the indorser, and that it should 
 either be served on the indorser himself, or at his residence or 
 place of business f so, too, when the two live within two miles of 
 each other.'" 
 
 The rule requiring an indorser to be promptly notified of the 
 dishonor of a note is one not of form, but of substance. It is 
 a legal condition of the contract that he shall be notified or dis- 
 charged, unless wihere reasonable diligence fails to find him, and 
 this rule requires that the person giving the notice shall use such 
 means as are reasonably calculated to find out the indorser's resi- 
 dence. And it is the plain and obvious duty of a notary public 
 to make diligent search and inquiry as to- the residence of an in- 
 dorser, which search, while not required tO' be unreasonably long, 
 where he has no clue, should be real and not formal.""^ 
 
 The service is good if the notice is left with one in charge of 
 the indorser's usual place of business f' but not if only left at the 
 place of business of a man of the same name as the indorser, the 
 notary not being informed of the indorser's residence."^ If left 
 at the house or office it must be certain that it was the right place 
 and not some other under the same number, or that it was left 
 with some person in charge."* But it was enough for the notary 
 to call at the house, find it locked, be told by a neighbor that the 
 indorser was out of town with his family on a visit for he did not 
 know how long, and leave the notice next door, with the request 
 that it be handed to the indorser when he came back."'^ If the 
 
 89.— Bowling vs. Harrison, 6 How., 248; Green vs. Darling, 15 Me., 
 141; Peirce vs. Pendiar, 5 Mete, 352. 
 
 90. — Power vs. Mitchell, 7 Wis., 161. 
 
 91. — Sweet vs. Woodin, 72 Mich., 393. 
 
 92. — Lord vs. Appleton, 15 Me., 270. 
 
 93. — Lawrence vs. Millar, 16 N. Y., 235. 
 
 94- — Davenport vs. Gilbert, 4 Bosw., 532; 6 Bosw., 179. 
 
 95- — Williams vs. Bank of U. S., 2 Pet., 96; Wilson vs. Senier, 14 
 Wis., 380. 
 
Rouech's Manual. 53 
 
 Tiotice is given directly to the indorser himself, the service is good 
 wherever it is made.°° 
 
 Notice by mail of non-payment may properly be made by a 
 notary,"' acting therein as the holder's a^ent, just as he does in 
 delivering it personally. But it is not enough for him td mail it 
 to the place of the note's date unless the indorser lives there or the 
 holder has used reasonable diligence to learn his residence."* It 
 is sufficint if it is sent to the postoflSce nearest the indorser's 
 residence,"" or to that where he is in the ihabit of receiving his let- 
 ters,^"" or to that from which he would get notice soonest.'^"^ An 
 indorser living in the wilderness' twenty miles from any postofifice 
 cannot be served by mail, however, but must be notified in person, 
 or by special messenger.^*^ Where there are several parties to 
 whom notices of protest are to be given, and the notary only 
 "knows the residence of the last indorser, he should make out one 
 notice for each and inclose them all to the last indorser.^"" Dis- 
 tant parties receiving their own notice from a notary may trans- 
 mit notice according to the laws of their residence, if that is the 
 place where they signed. 
 
 Certificate of Protest. — The notary's certificate should contain 
 the protest, a statement of the time,^°* manner and place of the 
 demand, for if it does not it will not appear that the paper was 
 duly dishonored,^"'' and the names of the parties of whom the 
 
 96. — Hyslop vs. Jones, 3 McL., 96. 
 
 97. — -Crisson vs. Williamson, i A. K. Marsh (Ky.), 456; Cromer vs. 
 Piatt, 37 Micii., 131. 
 
 98. — Lowery vs. Scott, 24 Wend., 358; Banlc vs. Cade, 73 Micli., 449. 
 
 99. — Nevins vs. Banlc, 10 Mich., 547. 
 
 100. — -Banlc vs. Lane, 3 Haw^ks (N. C), 453. 
 
 loi. — Sherman vs. Clark, 3 McL., 91; Shaylor vs. Mix, 4 Allen, 351; 
 Bank of United States vs. Carneal, 2 Pet., 551. 
 
 102. — Fish vs. Jackman, 19 Me., 467. 
 
 103. — Pate vs. State Bank of Indiana, 3 Ind., 176; True vs. Collins, 
 3 Allen, 438; Palen vs. ShurtleflF, 9 Mete, 581. 
 
 104. — Burbank vs. Beach, 15 Barb., 326; Cayuga Co. Bank vs. Hunt, 
 2, Hill, 227. 
 
 105. — Wamsley vs. Acton, 44 Barb., 312. 
 
54 Rouech's Manual. 
 
 demand is made, and of those at whose request it is made, and of 
 the parties notified. It is not vitiated by mere verbal mistakes, 
 and indeed the notice of protest itself is not vitiated even when it 
 misstates the amount, as $175 for $200, if the indorser is not mis- 
 led thereby."" 
 
 Form No. 10. — Certificate of Protest. 
 
 STATE OF MIOHIGAlvr, j. ^^ 
 
 County of . .,. 
 
 BE IT KNOWN, That on the day of . . .'. 
 
 A. D , at the request of , 
 
 I, J a Notary Public, duly commissioned 
 
 and sworn, residing in the of , County and 
 
 State aforesaid, did present the original , which 
 
 is hereto attached, at thc^" , and de- 
 manded thereof, which was refused. 
 
 Whereupon, I, the said Notary, at the request aforesaid, did PRO- 
 TEST, and, by tlhese presents do solemnly protest, as well against the 
 
 Drawers, Makers and Endorsers of the said as against 
 
 all others whom it doth or may concern for exchange, re-exchange, and 
 all costs, charges, damages and interest already incurred and to be in- 
 curred by reason of the non- of the said 
 
 And I, the said Notary, do hereby certify, that on the same day and 
 year aforesaid, due notices, that said had thus been pre- 
 sented for and that thereof had been 
 
 thus demanded and refused, and' that the holders of the said .'. ., 
 
 did and .would look to the drawers, makers and endorsers thereof for 
 
 payment of the same, were put into the Postoffice at 
 
 with the full legal postage paid thereon, and directed as follows, aftei 
 
 106. — Snow vs. Perkins, 2 Mich., 238. 
 
 107.. — When the bill is made payable at a particular place the cer- 
 tificate must show that presentment was made at the place appointed, or 
 it will be insufficient. People's Bank vs. Brooke, 31 Md., 7. 
 
Rouech's Manual. 55 
 
 diligent inquiry being made for the residence and place of business of 
 the drawers and) indorsers: 
 
 Notice for Directed 
 
 And I further certify, that like notices were left as follows : 
 Notice for. ("Left at'' or "ddiverec! to him personally.") . 
 
 Each of the above named places being the reputed place of residence 
 or business of the person to whom the notice was directed, or for whom 
 it was left as aforegaid. 
 
 IN WITNESS WHEREOF, I have hereunto subscribed my name 
 and affixed my seal of office. 
 
 Notary Public in ana for County., 
 
 A notarial certificate of protest in a foreign country or state, 
 proves itself, and is sufficient evidence of the dishonor of a for- 
 eign bill.^"* The custom of merchants requires that there should 
 be a protest in case of the non-acceptance of a foreign bill of 
 exchange; and the proper officer to make this protest is a notary- 
 public.^"* Dravirn up in the; usual form the certificate of the notary 
 should be authenticated by his seal of office; so executed, it is 
 received in all courts, without any auxiliary support, as evidence 
 of the protest in the foreign state.^^" 'Whether it would be entitled 
 to full credit without a seal, admits of question; but it seems that 
 
 108. — Nichols vs. Webb, 8 Wheat, 333; Townsley vs. Sumrall, 2 Pe- 
 ters, 179; Lonsdale vs. Brown, id., 688; Bryden vs. Taylor, 2 Harr. & 
 Johns., 299; Chase vs. Taylor, 4 id., 54; 5 Duer, 462; Dickens vs. Beat, 
 10 Pit., 582; Bk. of Ky. vs. Pursley, 3 B. Mon., 240; Carter vs. Burley, 
 9 N. H., SS8. 
 
 109. — Chanoine vs. Fowler, 3 Wend., 173; per Marcy, justice; 3 John. 
 R., 311- 
 
 no. — Bank of Rochester vs. Gray, 2 Hill R., 227, and authorities 
 there cited; 
 
56 Rouech's Manual. 
 
 if executed in the manner pointed out by the local law, it will be 
 sufficient.^^^ 
 
 But it has been held in Alabama that the notarjr's seal is an 
 essential part of the certificate of protest, and that unless the seal 
 be affixed the certificate will be insufficient evidence of prote^st.^^^ 
 
 For the convenience of trade-and commerce, the certificate of 
 the notary who has ^protested a foreign bill, given under his seal 
 of office, is made evidence of the protest in a foreign state, with- 
 out any auxiliary support, and is so received in all courts accord- 
 ing to the usage and custom of merchants.^^^ 
 
 In some of the States, the certificate of the notary, under 
 his hand and official seal, is by statute made competent evi- 
 dence, prima facie, of the matters by him transacted, in relation to 
 the presentment and dishonor of the bill, and of notice thereof to 
 the parties liable. 
 
 National Bank Paper. — "Whenever any National Banking 
 Association fails to redeem in the lawful money of the United 
 States, any of its circulating notes upon demand of payment duly 
 made during the usual hours of business at the office of such asso- 
 ciation or at its designated place of redemption, the holder may 
 cause the same to be protested in one package by a notary public 
 unless the president or cashier of the association whose notes are 
 presented for payment, or the president or cashier of the associa- 
 tion at the place at which they are redeemable, offers to waive 
 demand and notice of the protest, and in pursuance of such offer 
 
 m. — Idem; 4 Mart. Louis, R.,' 283. In some of the states a seal 
 is clearly not necessary. Bank of Manchester vs. Slason, 13 Verm., 334; 
 Bank of Kentucky Vs. Pursley, 3 Monroe, 238. The notarial seal is prima 
 facie evidence of the notary's commission to act in that capacity. Browne 
 vs. Philadelphia Bank, 6 Serg. & R., 484; Steward vs. AUison, id., 324, 
 484; S Duer, 462; HufTaker vs., Nat. Bank, 12 Bush., 293; Lambeth vs. 
 Caldwell, i Rob., La., 61: Carter vs. Burley, supra; Chanoin vs. bowler, 
 3 Wend., 173. 
 
 112. — Donegan vs. Wood, 49 Ala., 251-2; Kirksey vs. Bates, 7 Por- 
 ter, Ala., 15-29. 
 
 113. — Bradley vs. North Bank, etc., 60 Ala., 252. 
 
Rouech's Manual. 57 
 
 makes, signs and delivers to the party making such demand an 
 admission in writing, stating the time of the demand and amount 
 demanded, and the fact of the non-payment thereof. The notary 
 public on making such protest or upon receiving such admission 
 shall forthwith forward such admission or notice of protest to the 
 Comptroller of the Currency, retaining a copy thereof. If, how- 
 ever, satisfactory proof is produced) to the notary public that the 
 payment of the notes demanded is restrained by the order of any 
 court of competent jurisdiction, he shall not protest the same. 
 When the holder of any note causes more than one note or pack- 
 age to be protested on the same day, be shall not receive pay for 
 more than one .protest.^^* All fees for protesting the notes issued 
 by any National Banking Association shall be paid by the party 
 procuring the protest to be made, and such association shall be 
 liable therefor."^^' 
 
 114.— Rev. Stat, of U. S.— 5226. 
 115.— Rev. Stat, of U. S.— 5238. 
 
PART 3.— AFFIDAVIT. 
 
 An affidavit^ is a voluntary^ exparte^ statement formally re- 
 duced to writing,* and sworn or affirmed to before some officer 
 authorized by law to take it.^ The party who swears or affirms 
 that the statement is true is the "affiant." The true test of the suf- 
 ficiency of an affidavit is the possibility of assigning perjury upon 
 
 I. — Where a statute requires an oath it will be complied with if the 
 matfer is reduced to the form of an affidavit, signed and sworn to by the 
 proper person.- Edwards vs. McKay, yz 111., 570; Osborne vs. Milman, 
 56 L. J. Q. B., 263. 
 
 2. — The law presumes that every act required by it is voluntary, and 
 no affidavit is valid unless obtained by legal means and for a legal pur- 
 pose. Dudley vs. McCord, 65 Iowa, 671. 
 
 An affidavit is also voluntary in the sense of not being made under 
 cross-examination. See "Depositions," Chapter 4, Part 4. 
 
 3. — The distinction betw'een affidavits and depositions is that in tak- 
 ing depositions the opposite party can always cross-examine, while affi- 
 davits are ex parte. Stimpson vs. Brooks, 3 Blachf (U. S.), 456; Woods 
 vs. State, 134 Ind., 43. 
 
 A deposition is taken after notice, while an affidavit is taken, with- 
 out notice. Atchinson vs. Bartholow, 4 Kan., 124; State vs. Henning,. 
 3 S. Dak., at 494. 
 
 4. — There is no such thing as an unwritten affidlavit. Windley vs.. 
 Bradway, yy N. Car., 333. 
 
 It must be in writing, * * * It is sufjcient that it be made be- 
 fore an officer authorized by law to administer it. and that he reduce it. 
 to iwriting, and certify officially to the fact of its having been made be- 
 fore him.., Shelton vs. Berry, ig Tex., 154; Crist vs. Parks, 19 Tex., 234; 
 Alford vs. Cochrane, 7 Tex., 488; Morris Vs. State, 2 Tex. App.. 503. 
 
 ■ An affidavit is an oath reduced to writing. Grove vs. Campbell. Oi 
 Yerg (TenUi), 10. 
 
 But it has also been held that an affidavit may be oral. Barker vs.. 
 Williams, 12 Batb. (N. Y.), 527; Soule vs. Chase, i Robt. (N. Y.), 234. 
 
 S. — In State vs. Green, 15 N. J. L., 88, it was held that an affidavit,, 
 when offered to be read in evidence, must appear to have been made be- 
 fore the proper officer and in compliance with all legal requirements.. 
 The court cannot stop to inquire 'nto the competency of the officer. 
 
Rouech's Manual. 59 
 
 it if false.* To meet this test it must be sufficient in form and 
 substance.'' 
 
 The formal requisites of an affidavit are the (a) Title, (b) 
 Venue, (c) The officers introductory statement, giving name of 
 affiant, etc., (d) Affiant's allegations, (e) Signature, (f) Jurat, and 
 (g) Authentication.^ 
 
 (a) Title. — An affidavit should generally be entitled in the 
 court and cause in which it is to be filed," but, as the purpose of 
 the title is to identify the affidavit with the suit, if it appears in 
 any other way, as by reference to other papers duly entitled,^" 
 it will be sufficient.^' Where the affidavit is to be used to found 
 a suit not already begun, it must not be entitled. If entitled, it 
 rnay be good cause for its rejection.'^ 
 
 6. — Hyde vs. Adams, 80 Ak., 11 1; City Natl. Bank vs. Flippen, 66 
 Tex., 610; English vs. Wall, 12 Rob. (La.), 132; Neal vs. Gordon, 60 Ga., 
 112; Harris vs. Heberton, 5 How. (Miss.), 575; Mays vs. Lewis, 4 Tex., 
 38; People vs. Becker, 20 N. Y., 354; Gaddis vs. Durashy, 13 N. J. L., 
 324; Peers vs. Carter, 4 Litl. (Ky.), 268; Kearney vs. Andrews, 5 Wis., 
 23- 
 
 An affidavit in the language of the statute is not always sufficient. 
 Miller vs. Munson, 34 Wis., 579; Quarles vs. Robinson, 2 Pin. (Wis.), 
 97 — note p. 99; I Chand. (Wis.), 29 — note p. 32; Lathrop vs. Snyder, 16 
 Wis., 293; Oliver vs. Town, 28 Wis., 329; Mairet vs. Marriner, 34 Wis., 
 582. 
 
 7. — State vs. Henning, 3 S. Dak., 492. 
 
 8. — Beebe vs. Morrell, 76 Mich., 114. 
 
 9. — Higham vs. Hayes, 2 How. Pr. (N. Y.), 27; Baxter vs. Seaman, 
 .1 How. Pr. (N. Y.), si; Parent vs. Kellogg, i How. Pr. (N. Y.), 70; 
 Dickinson vs. Gilliand, i Cow. (N. Y.), 481; Vinson vs. Norfolk, etc., 
 R. Co., 37 W. Va., 598; Kearney vs. Andrews, s Wis., 23. 
 
 ID. — Levy vs. Wilson, 43 Iowa, 605; King vs. Harrington, 14 Mich., 
 532- 
 
 II. — The inquiry is, has the, affidavit been fully identified as having 
 been filed in the cause? If it has, then the want of the formality of a title 
 is of no consequence. Beebe vs. Morrell, 76 Mich., 114. 
 
6o Rouech's Manual. 
 
 An affidavit for a certiorari to a justice's court is rightly 
 entitled in the cause in the court 'below, but not in the Supreme 
 Court. ^^ On a motion to set aside proceedings in a suit on a 
 bail-bond for irregularity, the affidavit must be entitled in the 
 bail-bond suit, and not in the original suit.^* 
 
 It is better practice to give the names of all the parties, al- 
 though it has been held that where tihere is but one suit pending, 
 between the several parties it will be sufficient to entitle the suit 
 "A et al. vs. B et al.," naming only one party on each side.^^ 
 
 12.— Rex vs. Jones, 2 Str., 704; Rex vs. Pierson, Andr., 313; Rex vs. 
 Harrison, 6 T. R., 60; King vs. Cole, 6 T. R., 640; Hawley vs. Donnelly, 
 8 Paige (N. Y.), 415; Barb. Chan. Pr., 600. 
 
 i3-^Whitney vs. Warren, 2 Cow. (N. Y.), 499. 
 
 14.— Pell vs. Jadwin, 3 Johns (N. Y.), 448; Phelps vs. Hall, 5 Johns 
 (N. Y.), 367. 
 
 IS-— Seymour vs. Bailey, 66 111., 288; White vs. Hess, 8 Paige (N. 
 Y.), 544; Reg. vs. Christian, i C. & M., .388. 
 
 Affidavits have been rejected by the .Supreme Court of Michigan as 
 nullities for being entitled thus : "Hiram Arnold vs. Nelson B. Nye, et al., 
 Arnold vs. Nye, II Mich., 456; and the same court held that where one 
 of two p!aintifi's-in-error had been allowed to proceed severally, an af- 
 fidavit in the case, that was entitled in the name of both, could not be 
 used: Whipple vs. Williams, i Mich., 115. 
 
 If a woman who is party, to a suit marries while it is pending, the title 
 of the cause remains as it was, notwithstanding the change in her name: 
 Rosevelt vs. Dale, 2 How. (N. Y.), 581. Of course, after an appeal is 
 taken, the name of the appellate court must be substituted in the affidavit 
 for that of the court below: Chickman vs. Chickman, i N. Y. (i Const), 
 611. 
 
Rouech's Manual. 6i 
 
 Form No. ii. — Title to AMdavit.'^^ 
 
 "STATE OF MICHIGAN. 
 
 In the Circuit Court for the County of Washtenaw. 
 HIRAM ARNOLD 
 
 vs. 
 NELSON B. NYE and 
 SAMUEL BROWN. 
 
 The title is usually written at the top or beginning of the affi- 
 davit, and it is better form to so write it. It will be sufficient, 
 however, if the title appears in the body of the affidavit.^' Yet 
 it, has been held that an affidavit wrongly entitled, though the case 
 was rightly described in the 'body of the affidavit, could not be 
 read,^* and it would be fatal to the affidavit to put the names of 
 the parties in the title so as to make it appear that the plaintiff 
 was the defendant,^" but it is no objection that the title reads "C. 
 D. ads A. B." instead of "A. B. vs. C. D.'"» 
 
 In 'Nfew York and many other States which have enacted 
 codes of procedure it is now the rule to entitle a cause throughout 
 all the steps of the proceedings in the original order of the names, 
 i e., A. B., plaintiiif, vs. C. D., defendant. 
 
 (b) Venue. — ^The venue of an affidavit states the county in 
 which it was taken, and is prima ifacie evidence of the fact that it 
 
 l6. — The title to an affidavit embraces its entire heading — the name 
 or style of the court as well as the name of the parties. Bowman vs. 
 Sheldon, 5 Sandf. (N. Y.), 657- 
 
 17. — ^Saunders vs. Erwin, 2 How. (Miss.), 732. 
 
 18. — Humphrey vs. Cande, 2 Cow. (N. Y.), 509, and see Blake vs.. 
 Locy, 6 How. Pr. (N. Y. Sup. Ct.), 108. 
 
 19. — Parkman vs. Sherman, i Cai. (N. Y.), 344. 
 
 20. — Bowen.vs. Wikox, etc.. Sewing Machine Co., 86 111., 11. 
 
 The letters "v,"' or "vs" are abbreviations for the Latin word" 
 "versus," which means against. These abbreviations and the word 
 versus have become engrafted upon the English language. 
 
 The letters "ads." is an abbreviation for the Latin words "ad 
 sectam" — at the suit of. 
 
62 Rouech's Manual. 
 
 was taken there." In the older practice it was deemed so essen- 
 tial that without it the affidavit was treated ais a riulity.^^ The 
 purpose of the venue is to show that the officer administering the 
 affidavit acted within his jurisdiction, but the majority of the 
 cases now hold that it need not conclusively appear on the face 
 of the affidavit, by venue, that the officer acted within his juris- 
 diction. It will be presumed he so acted if nothing appears to the 
 contrary.^^ But it is still held in some cases that the venue should 
 be given. Facts are not to be inferred from affidavits when the 
 party has it in his power to state them positively.^* 
 
 It will thus be seen that the courts are divided upori the ques- 
 tion of the necessity of the venue. However, it is better practice 
 to give the venue. This should follow the title, and, where a title 
 is used, the following form of venue is sufficient: 
 "COUNTY OF ss." 
 
 But in cases where there is no title, the venue, to be complete, 
 should be: ' 
 
 "STATE OF ) „== 
 
 COUNTY OF )' ' 
 
 21. — Cook vs. Staats, i8 Barb. (N. Y.), 407; Smith vs. Collier, 3 
 N. Y.^ St. Rep., 172; Belden vs. Devoe, 12 Wend. (N. Y.), 225. 
 
 22. — ]> Barb. Ch. Pr., 601; Lane vs. Morse, 6 How. P. (N. Y. Sup. 
 Ct.), 394; Saril vs. Payne, 4 N. Y. Supp., 897; Vincent vs. People, S 
 Park. Cr. Rep. (N. Y.)', 88; People vs. Decamp, 5 N. Y. Weekly Digest, 
 462; Smith vs. Richardson, i Utah Ter., 194; Blair' vs. West Point Mfg. 
 Co., 7 Neb., 146; Byrd vs. Cochran, 39 Neb., 109. Confra, State vs. 
 Henning, 3 S. Dak., 492; Rex vs. Emden, 9 East, 437; Parker vs. Baker, 
 8 Paige (N. Y.), 430; Young vs. Young, 18 Minn., 90. 
 
 23. — Parker vs. Baker, 8 Paige (N. Y.), 428; In re Sheepshead, etc., 
 R. Co., 5 N. Y. Weekly Digest, 488; Snell vs. Eckerson, 8 Iowa, 284; 
 Stone vs. Williamson, 17 111. App., 175; Reavis vs. Cowell, 56 Cal.. 588; 
 Wood vs. Blythe, 46 Wis., 650. 
 
 24. — ^Brooks vs. Hunt, 3 Cai. (N. Y.), 128. 
 
 25. — The letters "ss."' form no material parfc of the venue, and al- 
 though it is customary and more lawyerlike to use them, after stating 
 the venue, y«t their use or omission, like the use or omission of the 
 letters "viz.," or the words "to-wit," for which the letters "ss" are sup- 
 posed to be a substitute, is more a matter of form than of real substance. 
 Smith vs. Richardson, i Utah Ter., 194; approved in McCord, etc.. Mer- 
 cantile Co. vs. Glenn, 6 Utah, 139. 
 
Rouech's Manual. 63 
 
 (c) The Officer's Introductory Statement. — The body of the 
 affickivit may begin as follows : "John Doe, being duly sworn,^* 
 de|x>ses and says, that :..."" 
 
 (d) Affiant's Allegations. — ^The allegations following the intro- 
 ductory statement should begin by stating the name and residence 
 of the affiant. Where the affidavit is made by an agent or attor- 
 ney it is not sufficient to add that fact as a matter of description to 
 the affiant's name, as "John Doe, agent of A. B., being duly 
 sworn," etc., but the fact must be expressly stated and verified, as 
 "John Doe, being duly sworn, deposes and says that he is agent of 
 A. B., and makes this affidavit for and on behalf of said A. B." 
 And so where the residence of the affiant is material to.be shown, 
 it must be expressly stated and verified. ^^ ' 
 
 A partnership or corporation cannot make an affidavit, ac- 
 cordingly an affidavit for such partnership or corporation must be 
 sworn to by some member of the firm, or officer of the corpora- 
 tion, agent or attorney, and the Telation of the affiant to such 
 firm or corporation must be expressly stated and verified, as "John 
 Doe, being duly sworn, deposes and says that he is secretary and 
 treasurer of , a coiporation organized and existing 
 
 26. — In Doe vs. Clark,- 2 DowL, N. S., 393, an affidavit was held in- 
 sufficient because it was not stated in the body thereof that the affiant 
 had made oath. And in Phillips vs. Prentice, 2 Hare, 542, the affidavit 
 was held defective notwithstanding the fact that the jurat stated that the 
 deponent was sworn. 
 
 27. — The lack of the affiant's name in the body of the affidavit was 
 held fatal in Pardoe vs. Territt, 5 M. & G.,.29i. Contra, People vs. Suth- 
 erland, 81 N. Y., I. In Torrans vs. Hicks, 32 Mich., 308, the fact that the 
 affiant was described by the wrong name in the body of the affidavit was 
 disregarded as being a clerical error. 
 
 28.— Ex. p. Monroe Bank, 7 Hill (N. Y.), 177; Cunningham vs. Goe- 
 let, 4 Den (N. Y.), 71; Ex. p. Shumway, 4 Den (N. Y.), 258; Staples vs. 
 Fairchilds, 3 N. Y., 41; Payne vs. Young, 8 N. Y., 158. Compare People 
 vs. Ransom, 2 N. Y., 490. 
 
 An affidavit objected to on the ground that it did not describe the 
 affiant as swearing in a representative capacity was not sustained in 
 Wade vs. Roberts, 53 Ga., 26, on the ground that the affidavit might be 
 deemed to have been sworn to in the affiant's personal capacity. 
 
64 Rouech's Manual. 
 
 under the laws of the State of Michigan, and makes this affidavit 
 for and on behalf of such corporaition." 
 
 Affiant's allegations irtiay be classified as Positive and Not Pos- 
 itive, and the latter may be divided into three classes, viz: i, 'Alle- 
 gations made upon knowledge and belief; 2, Allegations made 
 upon information and belief; and 3, Allegations made upon belief. 
 
 Positive allegations are such as state facts and not opinions, 
 and must not be modilied by any such phrase as "to the best of 
 affiant's knowledge and belief," "as he verily believes," etc. Care 
 should be taken that positive averments should be made where the 
 statute requires them, as in affidavits for attachment of property. 
 If the averments are upon information and belief only, it will not 
 stand, unless the grounds upon which such belief is founded are 
 positively given, and are sufficient tO' warrant the issuing of the 
 writ, while if the allegations of fraud or other ground of attach- 
 ment is stated positively, the groilnds of belief are not necessary. 
 
 It is customary in some states to close the allegations with the 
 word's, "and further ■ depotient saith not," or, "and further saith 
 not." 
 
 Where facts are required to be proved by affidavit, the affidavit 
 submitted must contain an averment sufficiently precise and une- 
 quivocal to sustain an indictment for false swearing, if the facts 
 are untruly stated. 
 
 (e) Affiant's Signature. — The affiant should sign his name 
 r.o the affidavit at the close of- the allegations made by hdm.^* 
 Signature is expressly required by the statutes of some States, 
 and the courts have also held his signature to be necessary.^" 
 Even where the statutes do not require it, custom and good 
 
 29. — Pincers vs. Robertson, 24 N. J. Eq., 348; Smith vs. Benton, 15 
 Mo.. 371; Laswell vs. Presbyterian Church, 46 Mo., 279. But an affi- 
 davit should not be treajted as a nullity merely because the signature of 
 the affiant is placed below the jurat. Launius vs. Cole, 51 Mo., 147; Ko'hn 
 vs. Washer. 69 Tex., 67. 
 
 30. — Norman vs. Horn, 36 Mo. App., 419; Hargodine vs. Van Horn, 
 72 Mo., 370; Gorden vs. State, 29 Tex. App., 410. 
 
Rouech's Manual. 65 
 
 practice do.^^ Yet in the absence of some positive statute or rule 
 of court it is not aibsolutely necessary.^^ If reduced to writing and 
 certified by the officer as having been duly sworn to, it is valid. ^^ 
 
 The reason for the more rigid practice is plain enough ; affi- 
 davits are generally drawn by someone other than the affiant; 
 where the latter signs, his signature, taken with the notary's cer- 
 tificate, is an additional authentication of the affidavit, while if he 
 does not sign, it cannot be told, except by outside evidence, whether 
 the name in the beginning of the affidavit was written by himself 
 or someone else. 
 
 (f) Jurat.— An affidavit must appear, on its face, to have been 
 taken and sworn to before the proper officer, and in compliance 
 with the legal requisitions;'* and it is the office of the jurat to 
 show these facts. The jurat is essential as a certificate to authenti- 
 cate the affidavit. It has been held that the omission of the words 
 "before me" in the jurat avoids the affidavit. ^^ It is only neces- 
 sary that the words used in the certificate, state in substance that 
 the affiant appeared and took the oath.^" 
 
 31. — Lynn vs. Morse, 76 Iowa, 665. 
 
 32.-rJackson vs. Virgil, 3 Johns (N. Y.), 540; Millins vs. Shafer, 3: 
 Den. (N. Y.), 60; Shelton vs. Berry, ig Tex., 154; Crist vs. Parks, 19 
 Tex., 234; Gill vs. Ward, 23 Ark., 16; Bates vs. Robinson, 8 Iowa, 318. 
 
 The Supreme Court of New York held that if the affidavit began 
 with the deponent's name it need not be signed, but Chancellor Walworth 
 declared that if that was good law in the Supreme Court, it was not in 
 his, and said that the rule requiring affidavits in a court of chancery to 
 be signed at the foot, dated back to 1661: Hathaway vs. Scott, 11 Paige 
 (N. Y.), 173. 
 
 33.— Haff vs. Spicer, 3 Cai. (N. Y.), 190; Jackson vs. Virgil, 3 Johns 
 (N. Y.), 540; Millins vs. Shafer, 3 Den. (N. Y.). 60. 
 
 34.— State vs. Green, 15 N. J. L. (3 Green), 88; Ludlow vs. Groom, 
 I Den.^ (N. Y.), 429. 
 
 35.— Smart vs. Howe, 3 Mich., 590; Reg. vs. Bloxham, 6 Q. B., 528; 
 Archibald vs. Hubley, 18 Can. Sup. Ct. Rep., 116. But not so where 
 the affidavit is used before the officer who administered the oath. In re 
 Teachout, 15 Mich., 346, and where the body of the affidavit showed 
 that it was made before a justice of the peace, there was no force in the 
 objection. Cross vs. People, 10 Mich., 24. 
 
 36.— Jackson vs. Gumaer, 2 Cow. (N. Y.), 552; Manufacturer's etc.. 
 Bank vs. Cowden, 3 Hill (N. Y.), 461; Belden vs. Devoe, 12 Wend. (N 
 Y.), 223; McKinstry vs. Thurston, 12 Wend. (N. Y.), 225, note. 
 
 (5) 
 
66 Rouech's Manual. 
 
 The usual form of jurat is: 
 
 Form N'o. 12. 
 
 "Subscribed and sworn to before me, this day of , 
 
 A. D 
 
 Notary Public in and for Wayne County, Michigan." 
 
 But in States where no further certificate of authentication 
 is required than that the officer certifies under his seal of office 
 what officer he is, and that the affidavit was sworn to, and 
 subscribed before him, the following form is used: 
 
 Form No. Jj. 
 
 "Sworn to and subscribed in my presence, this day of , 
 
 A. D And I further certify that I am duly authorized by the laws 
 
 of said State of Kansas to administer oaths." 
 
 The jutat need not name the person signing and swearing to 
 the affid^vit.^' 
 
 (g) Authentication. — Ordinarily the jurat must be authenti- 
 cated by the signature of the officer before iwhom the affidavit is 
 made.^* This signature should be his official signature and not 
 his m^re personal signature, that is, the signature should be 
 "Richard Roe, Notary Public in and for Schoolcraft County, 
 Michigan."'" And in all States requiring the officer to have an 
 
 37. — Stone vs. Miller, 60 Iowa, 243; Stoddard vs. Sloan, 65 Iowa, 
 680; Kirby vs. Gates, 71 Iowa, 100. 
 
 38. — McDermaid vs. Russell, 41 111., 489; Cantwell vs. State, 27 Ind., 
 505; Moiris vs. State, 2 Tex. App., 502; Westerfield vs. Bried, 2.6 N. J.' 
 Eq., 357; State' Bank vs. Hinchcliflfs, 4 Ark., 444. Calvert vs. McNaugh- 
 ton, 2 Mich. (N. P.), 8. But see Wiley vs. Bennett, 9 Baxt. (Tenn.), 581; 
 Stout vs. Folger, 34 Iowa, 71; Tacoma Grocery Co. vs. Draham, 8 Wash., 
 263; Ladow vs. Groom, i Den. (N. Y.), 429; Maples vs. Hicks, Bright 
 (Pa.), 56; Pottsville vs. Curry, 32 Pa. St., 443; Kruse vs. Wilson, 79 111., 
 233; Cook vs. Jenkins, 30 Iowa, 452; Farmers' Bank vs. Gettinger, 4 W. 
 Va., 30S; Hyde vs. Adams, 80 Ala., iii; Fortenheim vs. Claffin, 47 
 Ark., 49. 
 
 39. — Upon this point there are decisions both for and against this 
 statement, but where the title of office is omitted it is likely to lead to 
 difficulties. 
 
Rouech's Manual. 67 
 
 official seal, he must further attest the affidavit by affixing such 
 seal thereto. See Seal, Chap. 6. 
 
 Substance of an Affidavit. — W'here certain language is pre- 
 scribed by statute, a substantial compliance therewith will suf- 
 fioe.*" It should be free from interlineations and erasures,*^ but 
 clerical errors will not vitiate it.*'' It should contain no scan- 
 delous matter.*" Statements should not be made in the alterna- 
 tive.** It should not contain opinions or conclusions of law.*' 
 It is immaterial in what language an affidavit is written, provided 
 it appears that the affiant understood the oath he took.*' 
 
 Administering an Oath. — While no particular ceremony is re- 
 quired, the circumstances must show that there was an oath or 
 affirmation to the statements of the affidavit. The process of 
 swearing the affiant generally consists in repeating to him, while 
 he and the officer alike hold their right hands uplifted,*^ the fol- 
 
 40. — Rhoda vs. Alameda County, 65 Cal., 523; Gibbons vs. Shepard, 
 2 Brew. (Pa.), i; Election cases, 65 Pa. St., 20, 7 Phila. (Pa.), 41; Story 
 vs. Story, 32 Ind., 137; Fleming vs. Wells, 65 Cal., 336; Large vs. Drain- 
 ing Co., 30 Ind., 263; Russell vs. Ralph, 53 Wis., 328; Scruggs vs. Gibson, 
 40 Ga., 511; Miller vs. Eastman, 27 Neb., 408. Cases in which affidavit 
 held not to be sufficient: Campbell vs. Hall, McCahon (Kans.), 53; I 
 Kan., 488; Cowles vs. Hardin, 79 N. Car., S77; Rittenhouse vs. Harman, 
 7 W. Va., 380. 
 
 4I-— Didier vs. Warner, i Code Rep. (N. Y.), 42; Williams vs. 
 Ciough, I Ad. & El.; 376; Chambers vs. Barnard, g Dowl. Pr. Cas., 557. 
 
 42.— Ross vs. Davis, 13 Ark., 293; Vincent vs. Mill Co., 7 Wash. 
 566; Corrigan vs. Nichols, 24 S. W. Rep., 952; Weis vs. Chipman, 3 Tex. 
 Cir. App., 106; Schwarz vs. Baird (Ala., 1893), 13 So. Rep., 947; Pier- 
 pont vs. Pierpont, 19 Tex., 227; Whipple vs. Hill, 36 Neb., 720; De Be- 
 bian vs. Gola, 64 Md., 262; Jean vs. Spurrier, 35 Md., no. 
 
 43.— Balls vs. Smythe, 2 M. & .G., 350; Opdyke vs. Marble, 18 Abb. 
 Pr., N. Y., 375; Lewis vs. Woolrych, 3 Dowl. Pr. Cas., 692. 
 
 44. — Wilke vs. Cohn, 54 Cal., 212; Blum vs. Davis, 56 Tex., 423; 
 Leonard vs. Bowman, 15 N. Y. Supp., 822; Collins vs. Beebe, 7 N. Y. 
 Supp., 442; Billings vs. Noble, 75 Wis., 325; Pearre vs. Hawkins, 62 
 Tex., 434. 
 
 45. — 3 Gieenleaf on Ev., Sec. 381, many cases there cited. 
 
 46.— In re Eady, 6 Dowl. Pr. Cas., 615; Bosc vs. Solliers, 6 Dowl. & 
 R.. S14. 
 
 47. — Miller's C. L., 10204. 
 
68 Rouech's Manual. 
 
 lowing form of words : "You do solemnly swear that the contents 
 of the affidavit subscribed by you are true, so help you God," to 
 which the affiant must say "I do," or bow affirmatively. If, how- 
 ever, he is a Quaker, or for other reasons conscientiously op- 
 posed to taking an oath, the form may be varied! as follows:. 
 "You do solemnly and sincerely affirm under the pains and pen- 
 alties of perjury, that the contents of the affidavit subscribed to 
 by you are true."** But if he does not object to being sworn, 
 his mere affirmation is not enough. And, indeed, if the officer 
 taking the affidavit is satisfied that the affiant has any particular 
 mode of swearing which he thinks more solemn or obligatory, 
 he may adopt that mode.*' Very curious and divers methods- 
 have been recognized in courts, and are doubtless available in 
 making affidavits wherever the authority that permitted them is 
 in force. It is customary, of course, to administer and receive an 
 oath with the head bare, but a Jew may keep his hat on and be 
 sworn on the Five Books of Moses i"" a Mahommedan on the 
 Koran ;^^ a Gentoo on the foot of a Brahmin,^^ and an Irish 
 Roman Catholic upon a testament with a crucifix or cross upon 
 it.^^ But it is forbidden in Michigan to question a witness as to 
 his opinions on religion either before or after he is sworn, or to 
 reject him' as a witness on account of them.'** He cannot there- 
 fore be excluded from the witness stand, as he can in some States. 
 and countries, for atheistical or heterodox ideas.' 
 
 48.— Miller's C. L., 10206. 
 49. — Miller's C. L., 10205. 
 50. — Omichund vs. Barker, Willes, 543. 
 51. — Rex vs. Morgan, i Leach, 54. 
 52. — Omichund vs. Barker, i Arks., 21. 
 53- — Roscoe's Crim. Ev., 119. 
 
 54.— Const. Art. VI., Sec. 34; Miller, 10207; People vs. Jenness, 5 
 Mich., 319. 
 
PART 4.— DISPOSITIONS. 
 
 As defined in Bouvier's Law Dictionary, a deposition is "the 
 testimony of a witness reduced to writing, in due form of law, by 
 virtue of a commission or other authority of a competent tribunal, 
 or according to the provisions of some statute law, to be used on 
 the trial of some question of fact in a court of justice."'- 
 
 In many of' the States, provision is made for the taking of 
 depositions to be used in civil cases and to perpetuate testimony 
 that may otherwise be lost by reason of death, etc., called testi- 
 mony de bene esse, and authorizing courts of common law and 
 other courts to issue commissions for the purpose of taking depo- 
 sitions. Amd notaries public have power to take such deposi- 
 tions, in many States by virtue of their ofEce, in others by express 
 statute. 
 
 As these statutes are in derogation of the common law they 
 must be strictly complied with, otherwise the depositions taken 
 under them will be inadmissible. This is especially true when 
 the deposition is taken in the absence of the adverse party. But 
 defects and irregularities in taking depositions and in examina- 
 tion of witnesses thereon will be disregarded if uhey are merely 
 formal and do not affect the rights of the parties. However, the 
 person taking the deposition should thoroughly understand the 
 requirements of the statute or law under which he is working, 
 so as to avoid the possibility of bringing the party employing him 
 into trouble and expense. 
 
 OF AFFIDAVITS TAKEN, AND OTHER JUDICIAL PROCEED- 
 INGS HAD IN OTHER STATES AND FOREIGN 
 COUNTRIES. 
 
 The Michigan statutes providing for taking depositions are 
 as follows : * 
 
 In cases where by law the affidavit of any person residing in 
 
 I.— See also 3 Blatchf. , 456. 
 
7° Rouech's Manual. 
 
 another State of the United States, or in any foreign country is 
 required, or may be received in judicial proceedings in this State,, 
 to entitle the same to be read, it must be authenticated as follows : 
 
 First : It must be certified by some judge of a court having a 
 seal, to have been taken and subscribed before him, specifying the 
 time and place where taken ; 
 
 Second: The genuineness of the signature of such judge, the 
 existence of the court, and the fact that such judge is a member 
 thereof, must be certified by the clerk of the court, under the 
 seal thereof; or, 
 
 Third: If such affidavit be taken in any other of the United 
 States, or in any territory thereof, it may be taken before a com- 
 missioner duly appointed and commissioned by the governor of 
 this State to take affidavits therein or before any notary public 
 or justice of the peace authorized by the laws of such State to 
 administer oaths therein. The signature of such notary public 
 or justice of the peace, and the fact that at the time of the taking 
 of such affidavit the person before whom the same was taken was 
 such notary public or justice of the peace, shall be certified by the 
 clerk of any court of record in the county where such affidavit 
 shall be taken under the seal of said court.^ 
 
 TAKING OF TESTIMONY BY DEPOSITIONS. 
 Section i. The testimony of any witness may be taken by 
 deposition de tene esse, in any civil cause or matter, begun or 
 pending in any court of record, at law or in chancery, or before 
 any probate court, or commissioners on claims appointed by any 
 probate court, or anbitrators, referees or circuit court commis- 
 sioner, or justice of the peace in the State of Michigan, or in 
 any other civil proceeding, when the witness is or is about to go 
 or resides out of the 'State of Michigan, or is about to go, or 
 reside more than fifty miles from the place of trial, or beyond 
 the jurisdiction of the court; or when the witness is sick, aged 
 or infirm, or where there is reasonable cause for apprehension 
 
 2. — Miller's C. L., 10144. 
 
Rouech's Manual. yi 
 
 that his testimony cannot be had at the trial of the cause, or where 
 it is needed for use on hearing of motions, petitions', proceedings 
 for injunctions, or upon any other interlocutory or other proceed- 
 ings prior to final hearing of any cause; and in all cases where 
 affidavits are permitted to be used in proceedings before the 
 court; also when it is desired to take conditionally and perpetuate 
 testimony in suits to be begun; and in any other case not above 
 provided lor when it shall appear to the court or judge thereof 
 that the purf)oses of justice will be aided thereby. Tlie deposi- 
 tion may ibe taken before any judge of any court of the United 
 States, or of any State of the United States, or of any foreign 
 country, or before any commissioner of a circuit court in Michi- 
 gan, or of the United States, or of any State, or any commissioner 
 for Michigan, or any consul or consular officer, justice of the 
 peace, officer, or notary .puiblic, authorized by the laws of this 
 State, or of any other State, or of the United States, or by the 
 laws of any foreign country, to administer oath, not being of 
 counsel or attorney for either of the parties, nor interested in the 
 event of the cause. The seal of such court or official, or a certi- 
 ficate of such authority, given under the seal of any court of 
 record, shall be prima facie evidence of authority to act. Reason- 
 able notice must first be given in writing by the party, bis attor- 
 ney or solicitor, proposing to take such deposition, to the oppo- 
 site party, or his attorney of record, which notice shall state the 
 name of the witness or witnesses, and the time and place of taking 
 his deposition, and the name of the official before whom the 
 same will be taken, and in all cases in rem, attachment or re- 
 plevin, the person having the agency or possession of the prop- 
 erty at the time of seizure, shall be deemed the adverse party 
 until a claim shall have been put in or appearance entered in 
 the cause; and whenever, by reason of the absence from the 
 jurisdiction of the party, or want of an opposite attorney of 
 record, or other reason, the giving of the notice herein required 
 shall be impracticable, it shall be lawful to take such depositions 
 as there shall be urgent necessity for taking, upon such notice as 
 
72 Rouech's Manual. 
 
 any judge authorized to hold courts within the jurisdiction, where 
 the suit is begun, shall think reasonable, and direct. Any per- 
 son may be compelled to appear and depose as provided by this 
 act, by the order or process of any court, and to produce books 
 and papers in the same manner as witnesses may be compelled to 
 appear and testify in court. ^ 
 
 Section 2. In any case where the deposition of a witness 
 can be taken upon notice, his deposition may instead be taken 
 under commission, upon which section four of this act shall be 
 printed, and any circuit court commissioner in the State of 
 Michigan, or the court in which such proceeding is begun or 
 pending, or the judge, clerk, or register thereof, or in any case 
 pending before a justice of the peace, such justice shall, upon 
 afSdavit showing reason therefor, issue a commission (upon 
 which shall be printed section four of this act) for the taking of 
 the testimony of such witness before any person therein appointed 
 as commissioner. Wiritten interrogatories to be put to such wit- 
 nesses by such commissioner, may ,be attached to the commis- 
 sion; if attached, a copy thereof shall be attached to the notice, 
 which shall in any case foe given to the opposite party or his 
 attorney or his solicitor, of the time and place of taking testimony 
 under such commission. Cross and re-direct interrogatories, 
 which it is desired the commissioner shall put to the witness, 
 shall thereupon be promptly furnished to the respective parties, 
 and to such commissioner. Where default or order, pro confesso, 
 has been entered in the cause, notices shall not be necessary.* 
 
 Section 3. Courts of record of this State shall have the 
 power to compel the attendance of witnesses and the giving of 
 their testimony, and the production of books, papers and other 
 evidences, before commissioners or persons authorized to take 
 testimony, and also under commissions, or letters rogatory, issued 
 out of any court of any other State, or of the United States, 
 or of any foreign government or country.'' 
 
 3. — Miller's C. L., 10136. 
 4. — Miller's C. L., 10137. 
 5. — Miller's C. L., 10138. 
 
Rouech's Manual. 73 
 
 Section 4. Each witness shall be sworn or affirmed by the 
 officer or person empowered to take such testimony, to tell the 
 truth, the whole truth, and nothing but the truth, concerning the 
 matter at issue in the cause. Every witness may be exammed, 
 cross-examined, and re-examined, orally, and also so examined m 
 addition to written, direct or cross-interrogatories. Examina- 
 tions may be adjourned from time to time. Testimony may be 
 written or taken stenographically and transcribed under direction 
 of the officer so taking the same, and shall be signed by the wit- 
 ness and certified as correct by the official before whom it is 
 taken, but signatures of witnesses may be waived in writing by 
 agreement of parties. The deposition when taken shall be forth- 
 with enclosed by the official before whom the same is taken, and 
 endorsed with the title of the court and cause, and that the 
 deposition was taken and sealed up by him, and how it is to be sent, 
 and he shall sign the endorsement, and the same shall be trans- 
 mitted by mail or otherwise, to the court in which the cause is 
 pending, and in case such deposition is taken for use before com- 
 missioners on claims appointed by any probate court, to such 
 court, and then be opened by the court or clerk or register and 
 written notice thereof then given by mail or otherwise to the par- 
 ties. Objections to notices of, or objections to the manner of tak- 
 ing the testimony, or of certifying or returning the deposition, 
 shall be regarded as waived unless made in writing within three 
 days after knowledge or notice of the return thereof.' 
 
 Section 5. To perpetuate testimony, any person who expects 
 to be a party to a suit, which may thereafter be commenced in 
 any court of record, may cause the testimony of any witness 
 material to him in the prosecution or defense of such suit, to be 
 taken conditionally, and perpetuated, under a commission so 
 issued by any circuit court commissioner or judge of a court of 
 record, upon affidavit, showing the necessity or reason therefor, 
 and, so far as known, the persons interested in such matter. 
 
 6. — Miller's C. L., 10139. 
 
74 Rouech's Manual. 
 
 The commission shall direct upon whom notice shall be served, 
 and to what court the deposition shall be returned, and such 
 court shall have custody and control thereof until required for use 
 in such suit. Testimony taken under this section m'ay be used in 
 case it cannot again be obtained at the time of trial.'' 
 
 Section 6. Parties to action and parties interested in suits to 
 be begun may have testimony taken and returned in any manner 
 agreed upon by stipulation in writing.' 
 
 Section 7. Depositions taken under this act may be read and 
 considered in evidence at the trial or on any hearing, and on ap- 
 peals and retrials of the same cause of action, but the court shall 
 have powier to regulate the use, to prevent abuses thereof, and 
 may order the retaking of the testimony, or the production of the 
 witness, if within the jurisdiction, notwithstahding that his deposi- 
 tion has been taken. In any case, either party, may obtain sub- 
 poena and compel the usual attendance and re-.examination of the 
 witness, notwithstanding his deposition has been taken, if he is 
 within the jurisdiction of the court, and able to attend, and give 
 his testimony in the usual way, for or at the trial.'' 
 
 Section 8. Fees for taking depositions shall be as follows: 
 For taking, certifying, sealing and forwarding depositions, two 
 dollars ; and for each one hundred words contained in such depo- 
 sition ten cents, which shall be -considered as costs in the case; 
 and for copies of testimony furnished to any party, three cents for 
 each one hundred words contaiend in such copy. Each party 
 shall pay for his own examinations or cross-examinations in the 
 first instance.'^" 
 
 And by the Congress of the United States similar provisions 
 have been made, viz : 
 
 When, in any civil cause depending in any district in any 
 court of the United States, the testimony of any person shall be 
 
 7. — Miller's C. L.. 10140. 
 8. — Miller's C. L., 10141. 
 9. — Miller's C. L., 10142. 
 10. — Miller's C. L., 10143. 
 
Rouech's Manual. 75 
 
 necessary who shall live at a greater distance from the place of 
 trial than one hundred miles, or is bound on a voyage to sea, or 
 is about to go out of the United States, or out of such district, 
 and to a greater distance from the place of trial than as aforesaid, 
 before the time of trial, or is ancient, or very infirm, the deposition 
 of such person may be taken, de bene esse, before any justice 
 or judge of any of the courts of the United States, or any com- 
 missioned of a circuit court, or any clerk of a district or circuit 
 court, or before any chancellor justice, or judge of a supreme or 
 superior court, mayor or chief magistrate of a city, or judge of 
 a county court, or court of common pleas of any of the United 
 States, or any notary public, not being of counsel or attorney to 
 either of the parties' or interested in the event of the cause; pro- 
 vided that a notification in writing from the party or his attorney, 
 to the adverse party, to be present at the taking of the same, and 
 to put interrogatories, if he think fit, be first made out and served 
 on the adverse party, or his attorney, as either may be nearest. 
 And in all cases in rem, the person having the agency or posses- 
 sion of the property at the time of the seizure shall be deemed 
 the adverse party until a claim shall have been put in ; and wlien- 
 ever, by reason of the absence from the district, and want of an 
 attorney of record, or other reason, the giving of the notice herein 
 required, shall be impracticable, it shall be lawful to take such 
 depositions as there shall be urgent necessity for taking, upon 
 such notice, as any judge authorized to hold courts in such cir- 
 cuit or district shall think reasonable and direct. Any person 
 may be compelled to appear and depose, as provided by this 
 section, in the same manner as witnesses may be compelled to 
 appear and testify in court. And every person deposing as afore- 
 said shall be carefully examined and cautioned, and sworn or 
 affirmed to testify to the whole truth, and shall subscribe the tes- 
 timony by him or her given, after the same shall be reduced to 
 writing, which shall be done only by the magistrate taking the 
 deposition, or by. the deponent in his presence. And the deposi- 
 tion so taken shall be retained by such magistrate until he deliver 
 
75 Rouech's Manual. 
 
 the same with his owii hand into the court for which they are 
 taken, or shall, together with a certificate of the reasons as afore- 
 said of their being taken, and of the notice, if any given, to the 
 adverse party, be by him the said magistrate sealed up and di- 
 rected to such court and remain under his seal until opened in 
 court. But unless it appears to the satisfaction of the court that 
 the witness is then dead or gone out of the United States, or to 
 a greater distance than one hundred miles from the place where 
 the court is sitting, or that, by reason of age, sickness, bodily 
 infirmity, or imprisonment, he is unable to travel and appear in 
 court, such depositions ,shall not be used in the cause. Provided 
 that nothing herein shall be construed to prevent any court of the 
 United States from granting a dedimus potestatem, to take 
 depositions according to common usage, when it may be neces- 
 sary to prevent a failure or delay of justice — which power they 
 shall severally possess; nor to extend to depositions taken in 
 perpetuam rei memoriam, which, if they relate to matters that 
 may be cognizable in any court of the United 'States, a circuit 
 court, on application thereto made as a court of equity, may, 
 according to the usages in chancery, direct to be taken. 
 
 In any cause 'before a court of the United States, it shall be 
 lawful for such court, in its discretion, to admit in evidence any 
 deposition taken in perpetuam rei memoriam, which would be 
 so admissible in a court of the State wherein such cause is pend- 
 ing, according to the laws thereof.^^ 
 
 THE COMMISSION. 
 
 In many States a commission may be issued in blank, leaving 
 the name of the commissioner to be filled up when the deposition 
 is taken, whether it is addressed to a private individual or a magis- 
 trate, especially in the latter case. But in some States a blank 
 commission is invalid, and depositions taken thereunder are in- 
 admissible. The Michigan statute implies that the deposition 
 must be taken by the party named in the commission.^^ 
 
 12. — U. S. Revised Statutes, Sees. 863-876. 
 13.— Eaton vs. Peck, 26 Mich., 57. 
 
Rouech's Manual. "jj 
 
 The commission confers on the person to whom it is ad- 
 dressed, whether or not he is a magistrate, power and authority 
 to administer an oath to the witnesses, and it is his duty to do so. 
 
 Form No. 14. — Commission to Take Testimony in all Michigan 
 
 Courts. 
 
 STATE OF MICHIGA'N. 
 In Court 
 
 STATE OF MICHIGAN, I 
 
 r- ' f SS. 
 
 County of ) 
 
 In the Name of the People of the State of Michigan: 
 
 To ; 
 
 [Seal.] 
 
 of , in the 
 
 State of 
 
 GREETING: 
 Whereas, it appears herein that .- 
 
 material witness. .. .in the above cause, and 
 that the parties thereto are entitled to take 
 the testimony of said witness. .. .by deposi- 
 tion, de bene esse; you are therefore hereby appointed Commissioner — 
 for the taking of such testimony. We command you (and either of you) 
 that at a certain time and place, to be by you appointed, you do cause the 
 
 said witness to come before you, and to be then and there examined 
 
 on the part of the on oath or affirmation, touching 
 
 the matters in controversy in said cause. That you cause the. testimony 
 
 , of said witness to be reduced to writing, and subscribed by the 
 
 witness , and certified by you to be correct, and annexed to this 
 
 commission with any exhibits produced and proven before you, and that 
 
 you return the same into said Court at 
 
 County of , Michigan, with all convenient 
 
 speed. And you are to be governed in the premises by the laws of the 
 State of Michigan, hereto annexed. 
 
 Witness tlie Honorable , Judge of 
 
 said Court, this day of A. D 
 
 Under the statutes, notice must be given to the adverse party 
 of the taking of depositions pursuant to the commission, and 
 we here give a form of such notice: 
 
78 Rouech's Manual. 
 
 Form No. 15. — Notice of Taking Testimony in all Michigan 
 
 Courts. 
 
 STATE OF MICHIGAN. 
 In Court 
 
 PLEASE TAKE NOTICE: 
 
 That, pursuant to a commission issued ("out of and under the seal 
 
 of the 'Circuit' or 'Probate Court,' " or "by a Justice of 
 
 the Peace in and") for the County of , State of Michigan, 
 
 and dated the day of , A. D , the testimony of 
 
 netessary and material witness on behalf of the 
 
 in the above entitled cause, will b;e taken by deposition, 
 
 de bene esse, before . , at 
 
 t in the. of County of 
 
 and State of on the day of... >..., A. D.. 
 
 at .o'clock in the noon, at which time and place you are 
 
 hereby notified to attend. This testimony is to be so taken for the 
 reason that 
 
 Dated A. D 
 
 (Attorney or Solicitor) for 
 
 To 
 
 (Attorney or Solicitor) for 
 
 That part of the question of depositions in which a notary 
 pubhc is most, interested, is the manner of taking the same. 
 
 MANNER OF TAKING DEPOSITION. 
 
 Section 10139 of Milkr's Compiled Laws of Michigan, see 
 page Ji. contains instructions to the commissioner, and must 
 be printed on the commission. 
 
 The person to whom such commmission shall be directed, 
 unless otherwise expressly directed therein, shall execute the 
 same as follows: 
 
 He shall first publicly administer an oath to the witnesses 
 named in the commission or take their affirmations, that the an- 
 swers given by them to the interrogatories proposed to them 
 shall he (or that they shall testify) the truth, the whole truth, and 
 nothing but the truth. 
 
Rouech's Manual. 79 
 
 MODE OF ADMINISTERING OATHS. 
 
 The usual mode of administering oaths now practiced in this 
 State, 'by the person who swears holding up the right hand, shall 
 be observed in all cases in which any oath may be administered 
 by law, except in the oases herein otherwise provided." 
 
 When the court, magistrate or other officer, before whom any 
 person is to be sworn, shall be satisfied that such person has any 
 particular mode of swearing, which is, in his opinion, more sol- 
 emn or obligatory, than holding up the hand, such court or officer 
 may adopt that m'ode of administering the oath.^° 
 
 Every person conscientiously opposed to taking an oath, shall, 
 when called upon to take an oath, be permitted, instead of swear- 
 ing, solemnly and sincerely to affirm, under the pains and penal- 
 ties of perjury.^'' 
 
 No person shall be deemed incompetent as a witness in any 
 court, matter or proceeding, on account of his opinions on the 
 subject of religion; nor shall any witness be questioned in rela- 
 tion to his opinions therein, either before or after he shall be 
 swom.^' 
 
 Form No. 16. — Oath. 
 
 "You do solemnly swear, that you will testify the truth, the whole 
 truth and nothing but the truth concerning the matters at issue in this 
 cause, wherein is plaintiff, and is defend- 
 ant, or that the answers given by you to the interrogatories proposed to 
 you concerning the matters at issue in this cause, etc., shall be the truth, 
 the whole truth and nothing but the truth, so help you God." 
 
 Form No. 77. — AMrmation: 
 
 "You do solemnly and sincerely affirm, that the answers given by 
 you to the interrogatories proposed to you, shall be the truth, the whole 
 truth, and nothing but the truth. This you do under the pains and 
 penalties of perjury." 
 
 And in all cases certify the mode of administering the oath. 
 
 14. — ^Miller's C. L., 10204. 
 
 15. — Miller's C. L., 10205. 
 
 16. — Miller's C. L., 10206. 
 
 17. — Miller's C. L., 10207. 
 
8o Rouech's Manual. 
 
 Form No. i8. — Caption^ Where There are Interrogatories. 
 
 "Deposition of , of , in the State of 
 
 , a witness produced, sworn and examined, on the day of 
 
 , A. D , at , in the said State of 
 
 , by virtue of a commissioii issued ('out of the Court,' or 'by 
 
 '), for the County of , in the State of Michigan, 
 
 on the day of A. D ; and directed to me, for the ex- 
 amination of witness in a cause pending in said Court 
 
 (or before commissioners appointed by said Court), in the matter of 
 
 , (or 'v/herein is plaintiff, and is 
 
 defendant'), on the part of " 
 
 "Having read said commission and the instructions thereunto an- 
 nexed, and having administered an oath to said' witness (or said witness 
 having affirmed under the pains and penalties of perjury) that the an- 
 swers given by him to the interrogatories proposed to him, should be 
 the truth, the .whole truth, and nothing but the truth, I proceeded' to the 
 examination as follows, viz.: 
 
 " of in the State of aged 
 
 .... and upwards, a witness produced, sworn and examined on the part 
 of the in said cause, deposes as follows, vir:" 
 
 1. "To the first interrogatory, this deponent saith that" 
 
 2. "To the second interrogatory, this deponent sajth" 
 
 Under this head and in this manner, he will proceed with the 
 examination of the witness on all the interrogatories (and cross- 
 interrogatories, if any), taking down the answer to each. He will 
 himself ask such questions arising on the interrogatories, as he 
 may deem necessary to elicit the whole truth. If there be one 
 or more interrogatories to which the witness cannot depose, 
 knowing nothing of the matters therein contained, let the answer 
 be as follows : 
 
 "To the 'third' interrogatory, this deponent saith, that he knows 
 nothing and can depose nothing as to the matters therein contained." 
 
' Rouech's Manual. 8i 
 
 Form No. ig. — Of Caption Where Witnesses are Examined by 
 
 Counsel. 
 
 Deposition of witness , taken before me, , 
 
 (name and official title), pursuant to the notice (and commission) here- 
 unto attached. • 
 
 At the time and place named therein I attended for the said examin- 
 ation. 
 
 APPEARANCES. 
 
 , appeared as attorney or solicitor for 
 
 , appeared as attorney or solicitor for 
 
 The said witness, , was first sworn 
 
 (or affirmed) to tell the truth, the whole truth and nothing but the truth, 
 concerning the matter at issue in the cause (or, said affirmation being 
 under the pains and penalties of perjury), and said witness then testified as 
 follows : ' 
 
 Examind by for the , 
 
 Question ..j 
 
 Answer 
 
 If it becomes necessary to adjourn the taking of the deposi- 
 tions, or the parties move for or consent to an adjournment, such 
 facts must show in their proper place in the returns. 
 
 Th; commissioner shall cause the examination of each witness 
 to be reduced to writing, and to be subscribed by said witness, and 
 on the margin of each sheet he will also write his name. 
 
 If any exhibits are produced and proved before him, they 
 shall be annexed to the deposition to which they relate, and shall 
 in like manner be subscribed by the witness proving the same, 
 and shall be certified by the commissioner. (This section must 
 be understood to refer to such papers as can be produced upon 
 the examination.) If the paper referred to be a record, not sub- 
 ject to the control of the party or the cortimissioner, it will be 
 sufficient to annex a copy, an'd the original may be produced on 
 the trial, separate from the commission. 
 
 At the bottom of the deposition, after it is signed by the wit- 
 ness, the commissioner will add a certificate in substance as fol- 
 lows: 
 
 (6) 
 
82 Rouech's Manual. 
 
 Form No. 20. — Certificate. 
 
 "STATE OF I 5g 
 
 County of ) 
 
 On the (toy of , A. D , at , in said county 
 
 and State, before me, the unde;rsigned, personally appeared 
 
 one of the witnesses above named, and after having taken the oath (or 
 after having affirmed) as prescribed in the instructions annexed to the 
 commission and as mentioned in the caption to the above deposition, 
 which oath, or affirmation, was ad/ministered by me, and taken by said 
 witness, with uplifted hand (or by whatever other mode), declared that 
 the foregoing dtepositibn by him subscribed, contains the truth, the 
 whole truth, and nothing but the truth. The deposition was reduced to 
 writing by me (or by a 'disinterested person,' in my presence, or 'by the 
 witness himself.') , Commissioner." 
 
 If any exhibits are offered and proved, add to the foregoing 
 certificate as follows, to-wit: 
 
 "The paper writing hereto attached and marked 'Exhibit A,' was pro- 
 duced and proved before me by the witness, , as by reference 
 
 to his examination may appear." 
 
 The commissioner shall then annex all depositions and ex- 
 hibits to the commission with tape, the tie of which he will seal; 
 upon this his return shall be endorsed; and he shall close them 
 up under his seal, and shall- endorse thereon the title of the court 
 and cause and a statement that the deposition was taken and 
 sealed up by him and how it is to be sent, which endorsement he 
 shall sign. 
 
 Form No. 21. — Endorsement. 
 
 STATE OF MICHIGAN. 
 
 In the Circuit Court for the County of Wayne. 
 JOHN DOE 
 
 vs. ' ' 
 
 RICHARD ROE. 
 
 I do hereby certify that the within depositions of Samuel Henry 
 and Henry Clay, to be read in the above entitled cause, were taken by 
 me at the times and places, and at the adjournments thereof mentioned 
 therein, and were sealed up by me and will be transmitted to the Clerk 
 of said Court, by American Express. 
 
 Dated this day of , A. D 
 
 Commissioner. 
 
Rouech's Manual. 83 
 
 The depositions thus sealed and indorsed shall be inclosed 
 in an envelope or package and addressed to the court in which 
 the cause is pending; or, if the deposition is taken for use before 
 commissioners on claims appointed by any probate court, then 
 to such probate court, viz: 
 
 "To Clerk of the Circuit Court for the County of 
 
 Wayne, 
 
 Detroit, 
 
 Michigan." 
 
 If there shall be a direction on the commission to return the 
 same by mail he shall immediately deposit the packet, so directed, 
 in the nearest postofifice. If the direction be to return the same 
 by an agent of the party who sued out the commission, or by 
 express, the packet, so directed shall be delivered to such agent 
 or express company. 
 
 GENERAL INFORMATION AS TO MANNER OF TAKING 
 DEPOSITIONS. 
 
 Parties to suits and proceedings may be witnesses therein in 
 their own behalf or otherwise, and their depositions may be taken 
 and used the same as other witnesses. No person shall be ex- 
 cluded from giving evidence on account of any crime, or of any 
 interest in any suit or proceeding or its event, or of any martial 
 or other relationship to the paties, but all these may be' shown to 
 affect the credibility of the witness. 
 
 The law also provides that, when a suit or proceeding is prose- 
 cuted or defended by the heirs, assigns, devisees, legatees or per- 
 sonal representatives of a deceased person, the opposite party, 
 if examined as a witness on his own behalf, shall not be admit- 
 ted to testify at all in relation to matters which, if true, must have 
 been equally within the knowledge of such deceased person; and 
 when any suit or proceeding is prosecuted or defended by any sur- 
 viving partner or partners, the opposite party, if examined as a 
 witness in his own behalf, shall not be admitted to testify at all 
 
 18.— Miller's C. L., 10210-10213. 
 
84 Rouech's Manual. 
 
 in relation to matters which, if tnie, must have been equally within 
 the knowledge of the deceased partner, and not within the 
 knowledge of any one of the surviving partners. For further 
 instructions relating to the examination of witnesses in special 
 cases, ^' there is usually attached to the commission interrogator- 
 ies to be propounded to the witness. When the interrogatories 
 are written they should be put singly and seriatim in the order in 
 which they are written, and their meaning should be explained. 
 But the commissioner should not permit the witness to hear or read 
 any one of the interrogatories until the preceding one is fully 
 answered. While examinations may be adjourned from time to 
 time, after a witness has been sworn the commissioner should 
 not allow him to depart from the place of examination unneces- 
 sarily until the examination is concluded. 
 
 Unprofessional statements of counsel and scandalous objec- 
 tions should.not be taken down. 
 
 The commissioner is to judge of the mental capacity of the 
 witness, and will not be heard to testify to an apparent lack of 
 mental capacity in a witness whose testimony he ihas taken, and 
 he is liable to persons injured by him in the improper perform- 
 ance of his duties. 
 
CHAPTER V. 
 
 MARINE PROTESTS. 
 
 Shipping Protests. — Notaries who live at ports and harbors 
 are likely to be called on to take shipping or marine protests 
 made by vessel-masters or by the merchants who ship goods in 
 their care or charter the vessels they are intrusted with. The 
 notarial act in this case is simply to authenticate the protest, and 
 is analogous to that performed in attesting an affidavit or receiv- 
 ing an acknowledgment. "The protest is a declaration or narra- 
 tive by the master of the particulars of the voyage; of the storms 
 or bad weather which the vessel may have encountered, the acci- 
 dents which may have occurred, and the conduct which in cases 
 of emergency he had thought proper taj>ursue.'' It may be evi- 
 dence against the master or his owners, and so whoever makes it, 
 sihtould carefully supply the facts it must contain from his log- 
 book and the memory of himself or his mate, or of trustworthy 
 mariners. "Protests are also made by the master against the 
 charterers of the ship or the consignees of goods, for not loading 
 or unloading the vessel pursuant to contract or within reasonable 
 or stipulated delays; and by the merchant against the master for 
 misconduct, drunkenness, etc.; for not proceeding to sea with due 
 dispatch; for not signing bills of lading in the customary form, 
 and other irregularities."^ It is, in the United States, a precaution 
 resorted to "in extraordinary cases involving loss or damage, 
 or which are likely to arouse suspicion or to become the subject 
 of litigation."^ But it has become so customary to take such pro- 
 tests upon the occurrence of anything in the course of a voyage 
 that is at all unusual and may by any possibility affect claims for 
 marine insurance or furnish a, basis for claims against the ship- 
 
 I.— Abbott on Shipping, p. 465, cited in Conkling's Admiralty, p 683. 
 2. — Conkling's Admiralty, p. 685. 
 
86 Rouech's Manual. 
 
 owners, that a vessel-master who omits, under such circum- 
 stances to make a protest immediately upon his reaching a place 
 where he can do so, is considered gravely delinquent. Monte- 
 fiore's Commercial Precedents (page 455) contains a collection of 
 protests like those that may be used in almost any serious emer- 
 gency, as of the destruction of a ship by fire, or its shipping heavy 
 seas (called a protest "against the seas"), or its capture by the 
 ships of an enemy, or the capture of a neutral ship ; also in case 
 of demurrage, or refusal to sign the bill of lading for goods 
 shipped at the freight contracted, or breach of the charter-party, 
 or refusal to execute the charter-party according to the memoran- 
 dum of agreement, or abandonment and against underwriters for 
 non-payment of insurance. 
 
 Form of Protest. — The following protest given at length in 
 a Pennsylvania case,' indicates (what matters may be set down 
 in such a document. This was offered in evidence in a suit on an 
 insurance policy, but was rejected because, although it had been 
 noted within twenty-four hours after mooring the vessel on her 
 arrival, it had not been extended, or made out in full, until some 
 days afterward. It runs as follows : 
 
 Form No. 22. — Protest. 
 
 "By this public instrument of protest, be it known and made manifest 
 to all whom it doth, may or shall concern. That on the day of the date 
 hereof, before me, S. M. Rodney, 'Consular Commercial Agent of the 
 United States for the City of Havana, personally came and appeared 
 Henry Levely, master of the brig Seneca, belonging to the port of New 
 York, in the State of New York, of the burthen of 305 66-95 tons or there- 
 about; also Edward Monteith, mate of said brig, and William Hunt, of 
 and. belonging to the brig aforesaid — ^whp being severally sworn, did 
 declare and depose that the said brig, being laden with a cargo of fur- 
 niture and dry goods, they, the said appearers, made sail in and' upon 
 the said brig from the port of New York, bound to the Havana, on the 
 
 30th day of January, in the year A. D That in the prosecution 
 
 of the voyage nothing material occurred until the 31st day of January 
 last past, which commenced with thick, hazy weather; at half-past one 
 
 3. — Fleming vs. Marine Insurance Co., 3 W. & S., 144. 
 
Rouech's Manual. 87 
 
 the pilot left us; middle part light airs and clear, latter part heavy gales; 
 took in all sail except the close-reefed main-topsail and fore-topmast- 
 staysail. And that on the first day of February last past begins with 
 stormy gales from the northwest; at 2 p. m. set the reefed foresail and 
 clrise-reefed fo'-e-topsail; at 6 a. m. more moderate; at 7 let the double 
 reef out of the top sails; latter part fine and pleasant -weather. And that 
 on the third day of said month of February commenced with thick cloudy 
 weather; at l p. m. fresh breezes, took in the light sails and main sail, 
 double-reefed the fore and main topsail, and reefed the try-sail; latter part 
 fresh gales from the south and westward. . And that on the fourth dlay 
 continues with strong gales; latter part more moderate. And that on 
 the sixth day of said month, begins with strong breezes from the south 
 and westward; at 8 p. m. double reefed the fore and main topsails, took 
 in the jib and reefed the ioresail. Midnight strong gales and clear 
 weather; latter part more moderate. And that on the eighth day com- 
 mences with fine breezes. Midnight fresh breezes and clear: at 3 a. m. 
 the breeze increasing, took in top gallant sail, mainsail and jib; latter 
 part the gale increasing, close-reefed the fore-topsail and handed it, 
 double-reefed the main topsail and balanced reefed the trysail. And that 
 on the 19th day of said month, at 10 a. m., came to with the stern anchor 
 off the Moro. And that on the 20th day of February reached the city of 
 Havana, where the first named deponent came on shore within twenty- 
 four hours thereafter, and noted protest to be extended as is now done. 
 
 "And the said appcarers did further severally declare that the said 
 brig at the time of her departure from New York aforesaid, was tight, 
 staunch and strong; had 'her hatches well and sufficiently caulked and 
 covered, was well and sufficiently manned, provided and furnished with 
 all things needful and necessary for said voyage: and during the said 
 voyage the said appearers and ship's company used their utmost en- 
 deavors to' preserve the said biig and the goods of her loading from 
 damage. And therefore the said Henry Levely did declare to protest as 
 by these presents he doth solemnly protest against all and every person 
 or persons whomsoever it may or shall concern, and doth declare that 
 all damages, losses and detriments that have happened to the said brig, 
 and the goods of her loading are and ought to be borne by the merchants 
 and freighters interested, or by whomsoever else it may or shall concern 
 (by way of average or otherwise); the same having occurred, as before 
 set forth, and not by or through the insufficiency of the vessel; the neg- 
 lect of him, the said appearer or appearers, or either of the other mar- 
 iners or seamen belonging to the said brig. 
 
 "All v/hich matters and things were declared, alleged and affirmed 
 before me the said Consular Comm.ercial Agent; and therefore, I have 
 hereunto set my hand and affixed the seal of my office, being requested 
 to certify and testify the premises. 
 
 "Thus done and protested at the city of Havana, this oth day of 
 March " 
 
88 Rouech's Manual. 
 
 Protests of Foreign Shipmasters. — "If any vessel from any 
 foreign port, compelled by distress of weather or other necessity, 
 shall put into any port of the United States, not being destined 
 for the same, the master, together with the mate or person next 
 in command, may within twenty-four hours after her arrival make 
 protest in the usual form upon oath before a notary public or 
 other person duly authorized, or before the collector of the dis- 
 trict where the vessel arrives, setting forth the cause or circurp- 
 stances of such distress or necessity. Such protest, if not made 
 before the collector, shall be produced to him, and to the naval 
 officer, if any, and a copy thereof lodged with him or them."* 
 
 ■ False Protests. — The making or procurement of false pro- 
 tests is punishable heavily. In Michigan, if any master, or other 
 officer or mariner of any ship, boat or vessel, shall make or cause 
 to be made, or shall swear to any false affidavit or protest, or if 
 any owner, or other person concerned in such vessel, or in the 
 goods or property laden on board the same, shall procure any 
 such false affidavit or protest to be made,' or shall exhibit the 
 same, with intent to injure, deceive or defraud any insurer of 
 such ship, boat or vessel, or of the goods or property laden on 
 board the same' shall be punished by imprisonment in the state 
 prison not more than ten yeiars, or by fine not exceeding five 
 thousand dollars, and imprisonment in the county jail not more 
 than one year.^ 
 
 4- — Revised Statutes of United States; 2891. 
 S.— Miller's, C. L., 11580. 
 
CHAPTER VI. 
 SEAL. 
 
 In most states the official act of a notary to instruments to be 
 used in the county or district in which he has jurisdiction need 
 not be attested by a seal, his signature alone being sufficient. 
 The notary must attach his seal to acknowledgments that are to 
 be used in the District of Columbia, Mississippi, Texas, and 
 Upper Canada, and it is better practice to attach it to all instru- 
 ments that are to be recorded outside of his own state, even 
 though in a ifew cases it may not be required. Judicial notice 
 is taken of the seal of a notary as an officer recognized by the 
 commercial world, ^ although the general rule as to the seal out- 
 side of the state or country of the officer using it, is that it must 
 be proved before it can be accepted as the seal it purports to be.^ 
 Therefore, the signature of a notary to an instrument going to a 
 foreign country (states are foreign to each other in this respect), 
 to be recorded in that country, must be authenticated in some 
 otjher; official manner, which is usually done by the consul or 
 other representative of that state or country, or by the certificate 
 of the clerk or other proper certifying officer of a court of record 
 of the country or district, or of the secretary of state of the state 
 or territory within which the acknowledgment was taken, under 
 the seal of his office, that the person whose name is subscribed to 
 -the acknowledgment was at the date thereof such officer as he is 
 therein represented to be, and that he believes the signature of 
 suc!h person to such acknowledgment to be genuine, and that the 
 instrument is executed and acknowledged according to the laws 
 of such state, territory or district.' But in notices of protest of 
 
 I. — Yeaton vs. Fry, 5 Cranch (U. S.), 335. 
 
 2. — Hutchinson vs. Mannington, 6 Ves. (Eng.1, 823; Schneider vs. 
 Cochrane, 9 La. Ann., 235. 
 3. — ^Miller's C. L., 9023. 
 
go Rouech's Manual. 
 
 commercial paper the notary's signature and seal is always suffi- 
 cient of itself.* 
 
 Where a seal, to the protest, is required by the laws- of the 
 state where it is made, a protest wifhout the seal will not be re- 
 eled in evidence as such, though it is allowable for the notary 
 to affix the seal when this objection is made.' 
 
 It has, however, been held that the want of a seal to the cer- 
 tificate of a notary public was no objection to its admission in evi- 
 dence as a proof of notice to the indorsers of a note upon which 
 the action was brought. Some courts are of the opinion that 
 such a seal is not required by the law merchant. 
 
 Where a seal is required it seems that one stamped upon paper 
 of sufficient tenacity to retain the impression is all that is required 
 by the strictest rules of the common law; the subject, however, 
 may be covered by local acts.® 
 
 The statutes of nearly ever ystate prescribe accurately what 
 shall constitute the notorial seal and how it shall be used. It is, 
 however, a seal, and not its composition or ciharacters or words 
 and devices which raises the presumption of official character 
 of which courts take judicial notice.' 
 
 4.^-Brewster vs. Arnold, i Wis., 268; Schneider vs. Cochrane, 9 La. 
 Ann., 235; Crowley vs. Barry, 4 Gill (Md.), 194; Orr vs. Lacy, 4 McLean 
 (U. S.), 343; Pierce vs. Ind'seth, 106 U. S., 546. 
 
 S. — Rindskoff vs. Malone, 9 Iowa, 540.; Tunis vs. Withrow, 10 Iowa, 
 
 305- 
 
 6.— The requisites of a notarial seal are determined by the law of the 
 locality from which the official derives his authority; or if there be no law 
 prescribing what the seal shall be, then by the rules of, the common law. 
 Orr vs. Lacy, 4 McLean (U. S.), 546; Pierce vs. Indseth, 106 U. S., 546; 
 In re Phillips, 14 Nat'l Bank Reg., 219. 
 
 7. — Warren vs. Lynch, s Johns (N. Y.), 239; In re Phillips, 14 Nat'l 
 Bank Reg., 219; But the seal should be legible, Donegan vs. Wood, 49 
 Ala., 242; Todd vs. Neal, 49 Ala., 266. Flourishes of a pen on the 
 margin of the paper are not sufficient. Takott vs. Delaware Ins. Co., 2 
 Wash. (U. S.), 449- 
 
CHAPTER VII. 
 
 PART I.— LIABILITY FOR NEGLIGENCE. 
 
 For negligence or misconduct in his official duty and caus- 
 ing loss or damage to the parties employing him, liability attaches 
 to a notary putolic in like manner as to other officials under sim- 
 ilar conditions.^ And where the notary certifies that he per- 
 formed any act which the law includes within the purview of his 
 official duties, knowing such material statements to be false, is a 
 breach of the condition of his bond which renders him and his 
 sureties liable to the party sustaining damages thereby.^ So in 
 verifying an acknowledgment of a deed or mortgage, if the 
 grantor did not, in fact, execute the instrument and in conse- 
 quence the title or security fails, the party injured may look to 
 the officer for redress.' And, where the notary certified to per- 
 sonal knowledge of the grantor, and the party is a stranger, the 
 officer gives such assurance at his peril, and may be held to 
 answer for all damages resulting from the fact that the party 
 proves to be an impostor.* In such cases it is held to be the duty 
 of the notary to call witnesses to prove the identity of the person 
 desiring the certificate, and the failure to employ such precau- 
 tion constitutes gross negligence of the officer.^ In like man- 
 ner, the notary is responsible for negligence to give notice of pro- 
 test of negotiable paper, and for making false certificates of the 
 
 I. — Mason vs. Crabtree, 71 Ala., 479; Lesser vs. Wunder, 9 Daly (N. 
 Y.), 70; Bank of Mobile vs. Marston, 7 Ala., 108; Fogarty vs. Finlay, 
 to Cal., 23^; Bowling vs. McArthur, 34 Miss., 41; Bellemire vs. Bank, i 
 Miles (Fa,). 173- 
 
 2. — Rochereau vs. Jones, 29 La. Ann., 82: Fogarty vs. Finlay, 10 Cal., 
 239- 
 
 3. — People vs. Colby, 39 Mich., 456. 
 
 4. — State vs. Meyer, 2 Mo. App., 413. 
 
 5. — State vs. Meyer, 2 Mo. .App.^413; ex parte Carpenter, 64 Cal., 267. 
 
92 Rouech's Manual. 
 
 same, from which failure or misconduct the indorser is dis- 
 charged," and for failing to file a mortgage which he had drawn 
 up and agreed lo have recorded, where, by reason of his negli- 
 gence, the party lost his security from another mortgagee having 
 obtained priority on the record/ 
 
 But in all cases the negligence must be gross and palpable or 
 the act in question malicious or corrupt, and even then the party 
 who Sustains no loss therefrom has no right of recovery against 
 the notary.* And a reasonable excuse for failing to perform the 
 act required may exonerate the officer from liability.' 
 
 To enable the plaintiff to maintain his action, the failure by 
 the notary to perform his duty in the premises must have been 
 the direct or proximate cause of the loss or damage sustained.^* 
 Where the notary acts as agent for a bank which has assumed 
 the responsibility of collecting negotiable paper, the bank is pri- 
 mariiiy liable to the party injured by a failure ofi the notary to 
 perform his duties in regard to protesting and giving notice of 
 dishonor. ^^, 
 
 A notary's action, however, is sometimes so strictly that of an 
 agent that delicate questions arise as to his responsibility. If he 
 acts under the explicit instructions of his employer, he is of 
 course excused from liability; as where he was directed to^ protest 
 a bill on the wrong day, the court held that he was not presumed 
 to be a lawyer who was to revise or reverse his employer's deci- 
 
 6. — Tevis vs. Randall, 6 Cal.^ 632; Commercial Bank vs. Varnum, 3 
 Lans. (N. Y.), 86; Marston vs. Bank, 10 Ala., 284. 
 
 7. — Stott vs. Harrison, 73 Ind., 17; lawyer vs. Woulfe, 40 La. Ann., 46, 
 ' 8. — Henderson vs. Smith, 26 W. Va., 829; Scotten vs. Fegen, 62 Iowa, 
 236; Com. vs. Haines, 97 Pa. St., 228; McAllister vs. Clement, 75 Cal., 
 182; Franklin vs. Smith, 21 Wend. (N. Y.), 624. 
 
 9. — Casteele vs Cornwell, s Cal., 419; Warren Bank vs. Parker, 8 
 Gray (Mass.), 221; Franklin vs. Smith, 21 Wend. (N. Y.), 624. 
 
 10. — Oakland Savings Bank vs. Murfey, 68 Cal., 455; People vs. But- 
 ler, 74 Mich., 643. 
 
 II.— Montgomery Co. Bank vs. Albany City Bank, 7 N. Y., 459, 
 Walker vs. Bank of N. Y., 9 N. Y., 582: Commercial Bank vs. Union 
 Bank, 11 N. Y., 203; Ayranlt vs. Pacific Bank, 47 N. Y., 507. 
 
Rooech's Manual. 93 
 
 sion as to the character of the bill.'^^ But where a statute requires 
 him, in protesting a promissory note, to give notice of dishonor 
 to antecedent parties, he is ibound to notify them, and is liable to 
 an action on the part of those injured by his neglect. 
 
 The notary, being a ministerial officer and not vested with dis- 
 cretionary powers, is 'bound to understand his duties sufficiently 
 to use ordinary diligence in the execution, and is liable for the 
 negligent performance of them. His liability for civil and crim- 
 inal misconduct is often declared by statutes. The provision in 
 Michigan is that any person aggrieved by any delinquency or mis- 
 conduct of a notary may prosecute a suit, on his official bond, 
 and may obtain judgment in thfe manner prescribed in relation 
 to suits on the official bonds of sherififs.^^ Generally, the holder 
 of a bill is authorized to give full credence to a notary's certificate 
 of demand and notice, and may look to the notary to repair any 
 injury resulting from their falsity." In California, if he omits to 
 insert the requisite facts in his certificate so as to make the record 
 valid, he may be liable in damages.^^* And, of course, his wilful 
 misdoings are punishable; for instance, by a Louisiana statute 
 a notary officially certifying a falsehood as truth may be prose- 
 cuted as for a misdemeanor. 
 
 12.— Com'l Bank of Kentucky vs. Varnum, 49 N. Y.. 269. 
 13. — Miller's C. L., 9795. 
 
 14.— Bank of Mobile vs. Marston, 7 Ala., 108; Bowling vs. Arthur, 
 34 Miss., 41; Bellemire vs. Bank of United States, i Miles (Pa.), 173. 
 15. — Fogarty vs. Finlay, 10 Cal., 239. 
 16. — Succession of Tete, 7 La. Ann., 95. 
 
94 Rouech's Manual. 
 
 PART 2.— DILIGENCE REQUIRED. 
 
 In the discharge of all his duties, but particularly as regards 
 commercial paper, a notary is required tO' exercise dufc diligence. 
 It is a part of the exercise of due diligence to resort to all proper 
 sources of information within his reach to obtain what informa- 
 tion is necessary for the proper exercise of his duties.^ Where 
 the notary, having obtained from proper persons information 
 that the residence of an indorser was in Baltimore county, but 
 failing to obtain from them his actual or nearest postofifice, neg- 
 lected to apply to the makers of the note, although he knew 
 them and their place of business was within convenient reach, 
 on the ground of their presumed interest not to give him correct 
 information, but directed his notice to the indprser at Baltimore 
 city and placed it in a postofifice there, the court held that the 
 notary failed in his duty and did not exercise sufficient diligence 
 to charge the indorsers.^ 
 
 Where the maker's name to a note is illegible, the notary in 
 making protest must make reasonable efforts to ascertain the 
 name. If he neglects such duty or misdescribes a name whereby 
 an indorser is misled, the protest will not be availa;ble as to such 
 indorser. The notary must use the same care that a prudent man 
 would use in relation to his own business, or interests.^ 
 
 Inquiry for a person at the postoffice exchange and court 
 house was held to be insufficient. The court said that the notary 
 should have made efforts to learn if he had a residence in the 
 city ; the city directory might have been examined.* The notary 
 must use all reasonable efforts in the matter. 
 
 It will be noticed that the liability of the notary depends some- 
 what upon the question whether the negligence of which he is 
 
 I. — Marston vs. Bank of Mobile, lo Ala., 284. 
 
 2. — Whitridge vs. Reder, 22 Md., S48; Requa vs. Collins, 51 N. Y,, 
 144. 
 
 3.— McGeorge vs. Chapman, 45 N. J. L., 395; Davey vs. Jones. 42 
 N. J. L., 28. 
 
 4. — Tate vs. Sullivan, 3 Md., 464; Howland vs. Adrian, 30 N. J. L., 41. 
 
Rouech's Manual. 95 
 
 guilty is committed in the performance of a strictly notarial act, 
 or of some act which any other agent besides a notary might 
 perform as well. If a collecting agent gives a bill to a notary to 
 protest, and the notary's negligence discharges the drawer and 
 indorsers, some courts hold that if his act was strictly notarial — 
 as in making the actual protest — ^the notary is directly liable, but 
 that if it was suctr a mere act of agency as giving notice of pro- 
 test of an inland bill, the person for whose benefit the notice was 
 given 'cannot sue him. Still, it is held in many states that the 
 remedy is against the notary alone, whether the act is notarial or 
 not. As every professed notary must be supposed to be answer- 
 able for the competent- discharge of the duties of his oflRce, the 
 only safe way for him is 'to perform them with diligence and care, 
 and not to depend upon his ignorance to shield him from liability. 
 
CHAPTER VIII. 
 
 FEES. 
 
 The fees of notaries public are prescribed by the statutes in 
 several states/ and provisions are generally made, making it a 
 misdemeanor for overcharging. In Michigan, the statutes pro- 
 viding for fees are as follows : 
 
 "Drawing and copy of protest of the non-payment of prom- 
 issory note or bill of exchange, or of the non-acceptance 
 , of such bill in cases where Iby law sucli protest is neces- 
 sary $ 5° 
 
 Drawing and copy of every other protest ._ 25 
 
 Drawing copy and serving notice of non-payment of note 
 
 or non-acceptance of a bill 25 
 
 Drawing affidavit, or other pajper or proceeding, for which 
 
 provision is not 'herein made, per folio 20 
 
 And for copying samie, per folio 06 
 
 ^Taking acknowledgments of deeds, each person 25 
 
 *Administerihg any oath or giving any official certificate to 
 a discharged soldier or seamen, or to the legal represen- 
 tative of a discharged or deceased soldier or sailor, for 
 the purpose of procuring or obtaining payment of any 
 
 pension, bounty or (back pay ' 15 
 
 ^Administering an oath to any widow of a deceased soldier, 
 or the guardian of his minor children, or other legal 
 representative of suoh deceased soldier or sailor, or their 
 witnesses 25 
 
 I.— Miller's C. L., 2639. • ; 
 
 2.— Miller's C. L., 11225. 
 
 3. — Miller's C. L., 11225, 11226. 
 
 4.— Miller's C. L., 11251. 
 
 5. — Miller's C. L., 11252. 
 
Rouech's Manual. 97 
 
 For taking depositions de bene esse or to perpetuate testimony 
 in civil cases as follows : 
 
 'For taking, certifying, sealing and forwarding a deposi- 
 tion $2 00 
 
 For each one hundred words contained in such deposition 10 
 For copies of testimony furnished to any party, per hun- 
 dred words 03 
 
 'On filing application with the Governor for appointment 
 
 as notary public, there shall be paid a fee of I 00 
 
 'On filing bond with county clerk and taking oath of office, 
 
 there shall be paid to such clerk a fee of 50 
 
 If any person shall wilfully and "corruptly demand and receive 
 from another for performing any service, or any official duty, for 
 which the fee or compensation is established by law, any greater 
 fee or compensation than is allowed or provided for the same, 
 he shall be deemed to have committed the offense of extortion, 
 and shall be punished by a fine not exceeding $100. But no pros- 
 ecution for such offense shall be sustained unless it shall be com- 
 menced within one year after the offense was committed." 
 
 6. — Miller's C. L., 10143. 
 
 7. — Miller's C. L., 2629. 
 
 8.— Miller's C. L.. 2631. 
 
 9. — Miller's C. L., 11326. 
 
 (7) 
 
FORMS. 
 
 Inasmuch as notaries public are often called upon to draft 
 deeds, mortgages, contracts, etc., we have deemed it advisable to 
 present herewith some of the forms which are quite extensively 
 used. These forms are drafted for general purposes, and the 
 notary should add thereto any special provisions which may be 
 , required to fully express the agreements between the parties, or 
 the facts in the case. The blank spaces simply indicate that the 
 names, dates, and other facts wanting, are to be inserted, whether 
 expressed by single words or whole clauses; and the length of 
 the space given in the form does not indicate the space which 
 would necessarily be used for inserting such words or clauses. 
 
 PROOFS OF DEBTS, DEMANDS OR ACCOUNTS. 
 
 When affidavits are sworn to outside of the State the instruc- 
 tions given on page 73 must be strictly followed. 
 By the MicMgan statutes it is provided : 
 
 "That in all actions brought in any of the courts of this state, to 
 recover the amount due on an open account, or upon an account stated, 
 if the plaintiff^ or some one in hjs behalf shall make an afficfcivit of the 
 amount due, as near as he can estimate the same, over and above all 
 legal set-off, and annex thereto a copy of said account, and cause a 
 copy of said affidavit and account to be served upon the defendant, with 
 a copy of the declaration filed in the cause, or with the process by which 
 such action is commenced, such affidavit shall be deemed prima facie 
 evidence of such indebtedness, unless the defendant with his plea shall, 
 by himself or agent, make an affidavit and serve a copy thereof on the 
 plaintiff or his attorney, denying the same; and if the defendant in any 
 action shall give notice, with his plea of a set-off, founded upon an open 
 account, or upon an account stated, and shall annex to such plea and 
 notice a copy of such account, and an affidavit made by himself or by 
 seme one in his behalf, showing the amount or balance claimed by the 
 defendant upon such account, and that such amount or balance is justly 
 owing and due to the defendant, or that he is justly entitled to have such 
 account, or said balance thereof, set off against the claim made by said 
 plaintiff, and shall serve a copy of such account and affidavit, with a 
 copy of such plea and notice, upon the plaintiff or his attorney, such 
 affidavit slhall be deemed prima facie evidence of such set-off, and of 
 
Rouech's Manual. 99 
 
 the plaintiff's liability thereon, unless the plaintiff, or some one in his 
 behalf, shall within ten days after such service in causes in the circuit 
 -court, and before trial in other cases, make an affidavit denying such 
 -account, or some part thereof, and the plaintiff's indebtedness or liability 
 thereon, anid serve a copy thereof upon the defendant or his attorney, 
 and in case of a .denial of part of such set-off, the defendant's affidavit 
 shall be deemed to ibe prima facie evidence of such part of the set-off as 
 is not denied by the plaintiff's affidavit: Provided, That any affidavit 
 in this section mentioned shall be deemed sufficient if the same is made 
 within ten days next preceding the isstiing of the writ or filing of the 
 -declaration or plea." 
 
 The form used in such cases is tended "Proof of Demand" and 
 is usually made as follows : 
 
 Form No. 24. 
 
 In Justice Court before , justice of the peace for the 
 
 ■County of Wayne, State of Michigan. 
 
 ■COUNTY OF I 
 
 STATE OF P^' 
 
 , being duly sworn, says that he makes this affidavit 
 
 "in behalf of That the amount of dollars, 
 
 as near as he can estimate the same, over and above all legal set-offs, 
 
 is due to the said from .upon an 
 
 account, of which a copy is hereto annexed. 
 
 Sworn to and subscribed before 
 
 me this day of , 
 
 -A. D...... 
 
 ' (332.) 
 
 A more extended form of proof is sometimes used, viz : ' 
 
 Form No. 25. 
 
 STATE OF MICHIGAN, ) 
 COUNTY OF BAY. \ ' 
 
 John Doe, being first duly sworn deposes and says, that he is book- 
 Tceeper for A. B., the plaintiff in a suit pending before C. D., a justice 
 of the peace in and for said county, against E. F., and makes this affi- 
 davit for and in behalf of said A. B.; that he has examined the accounts 
 liereto annexed, and carefully compared the same with original entries 
 
100 Rouech's Manual. 
 
 in the books of said A. B. ; that said account is truly and correctly made 
 out from said books; that the goods in said account described, were 
 actually sold and delivered by said A. B. to said E. F. ; that the charges, 
 therefor in said account are correct and true as therein set fftrth, to the 
 best of deponent's knowledge and belief; that the claim and demand of 
 said A. B. against the said E. F. as shown by said annexed account is- 
 just, due and unpaid; that there is no just ofif-set, payment or credit 
 therein in law or equity known to deponent, excepting as in said account 
 stated, and that there is now due to the said A. B. from The said E. F. 
 
 the sum of dollars, and interest thereon at the rate of 
 
 six per cent per annum, from the day of ,. 
 
 A. D 
 
 Subscribed and sworn to before me, this day of 
 
 , A. D 
 
 (288.) 
 
 A simple form of proof of claim or accoiint, to attach to claims 
 sent out for collection is as follows : 
 
 Form No. 26. 
 
 STATE OF MICHIGAN, \ , 
 COUNTY OF ) ■ 
 
 A. B., being duly sworn, deposes and says, that he is agent of the 
 within claimant and makes this affidavit for and in his behalf; that the 
 annexed account is correct; that the charges therein made are just and 
 reasonable, and that neither the whole nor any part thereof has been 
 paid;- 
 
 Subscribed and sworn to before | 
 
 me this day of , )" 
 
 A. D ) 
 
 (890.) 
 
 In cases pi Common Law Assignments, the following form of 
 proof of debt may be used, viz: 
 
Rouech's Manual. ioi 
 
 Form No. 2'j. 
 STATE OF MICHIGAN. 
 IN THE CIRCUIT COURT FOR THE COUNTY OF HOUGHTON. 
 
 In the matter of the assignment of 
 SAMUEL HENRY, 
 for the benefit of his creditors. 
 
 ."State of Michigan, \ 
 e. ) 
 
 County of Menominee, 
 
 A. B., being duly sworn, deposes and says that he is manager of the 
 business of C. D.,'a corporation organized and doing business under the 
 laws of the State of Michigan, and makes this affidavit for and on behalf 
 of said corporation, that Samuel Henry, who has made and filed in the 
 office of the Clerk of the Circuit Court for the County of Houghton, 
 State of Michigan, an assignment for the benefit of his creditors, at and 
 before the fijing of said assignment was and still is justly indebted to said 
 ■corporation in the sum of One Thousand Dollars, which said sum is un- 
 paid, and justly due and owing from said assignor to said corporation 
 over and above all legal set-ofTs, upon a certain note of which a copy is 
 hereto annexed; that no payments have been made thereon; that the con- 
 sideration of said debt was goods sold and delivered by said corporation 
 to said Samuel Henry on his request; that said debt became due on the 
 day of A. D ; that said corpora- 
 tion has not, nor has any person for its use, or on its behalf, received any 
 security or satisfaction whatever for said debt, other than hereinbefore 
 set forth.' 
 
 Subscribed and sworn to before 
 
 -me this day of 
 
 A. D 
 
 NOTE. 
 
 Miller's C. L., 9545, provides: "Every proof must be sworn to, and 
 "it must state the actual amount unpaid and owing, the actual considera- 
 tion thereof, when the sanpe was contracted., and when the same has be- 
 come or will become due; whether any and what securities are held 
 therefor; whether any and what payments have been made thereon; that 
 the sura claimed is justly due from the assignor to the claimant; and that 
 the claimant has not, nor has any other person for his use, received any 
 ■security or satisfaction whatever other than that by him set forth. 
 
 (837.) 
 
102 Rouech's Manual. 
 
 For proof of an account against an estate in Probate Court,, 
 use the following form, viz : 
 
 Form No. 28. 
 STATE OF MICHIGAN. 
 
 PROBATE COURT FOR THE COUNTY OF 
 
 In the Matter of the Estate of Deceased.. 
 
 State of Michigan, ) ^^ 
 County of ) 
 
 , being first duly sworn, deposes and says that he is 
 
 ; that there is now justly and truly due to the said 
 
 from the said estate of. deceased, over and above all legal 
 
 claims and set-offs held against by said estate, the sura of 
 
 dollars, and interest thereon, at the rate of per cent, per an- 
 num, from the day of , A. D , as shown by- 
 
 the in favor of the said and against the said 
 
 which hereto annexed, and made a part of this affidavit, and. 
 
 further this deponent says not. 
 
 Subscribed and sworn to before 
 
 me, this day of , 
 
 A. D., 
 
 Form No. zg. — Proof of Claim in Bankruptcy. 
 
 In the District Court of the United States, for the District. 
 
 of 
 
 In the Matter of Bankrupt. . . . 
 
 County of I , 
 
 State of J 
 
 On the day of , A. D 
 
 came of in the County of 
 
 State of , and made oath, and sajfs that^ 
 
 the person (By or against) whom a petition for adjudication- 
 
 of bankruptcy has been filed, was at and before the filing of said petition, 
 
 and still , justly indebted to the said' in the sum- 
 
 of .Dollars, ($ '■•)> that the consideration of said; 
 
 debt is as follows : that no part of said debt has been paid 
 
 [except ]; that there are no set-offs or counter claims to the same 
 
 [except ], and that said'' has not, nor has any per— 
 
Rouech's Manual. 103 
 
 son by order, or to the knowledge or belief of said deponent, for 
 
 use, had or received any manner of security for said debt what- 
 ever' 
 
 Subscribed and sworn to before 
 
 me this day of 
 
 A. D 
 
 Notary Public in and for County, Michigan. 
 
 NOTES. 
 FOR SECURED DEBT DUE AN INDIVIDUAL. 
 At 2 insert "deponent." 
 
 At 3 insert "except the following" and follow that with a full descrip- 
 tion of the securities and if the debt is an open account adVi the words 
 "that no note has been received for said account nor has any judgment 
 been rendered thereon," also state when the account becomes due, and, in 
 case of several items, the average due date. 
 
 FOR UNSECURED DEBT DUE AN INDIVIDUAL. 
 
 At 2 insert "deponent." 
 
 If the dtbt is an open account, at 3 insert "that no note has been 
 received for said account, nor has any judgment beeri rendered thereon," 
 also state when the account becomes due, and, in case of several items, 
 the average due date. 
 
 FOR SECURED DEBT DUE A CORPORATION. 
 
 At I insert "he is of the a corporation incorporated by 
 
 and under the laws of the State of and carrying on business at 
 
 in the County of State of , and that he is duly au- 
 thorized to make this proof, and that 
 
 At 2 insert "corporation." 
 
 At 3 insert "except the following" and follow with' a full description 
 of the securities and, if the debt is an open account add the words "that 
 no note has been received for said account nor has any judgment been 
 rendered thereon," also state when the account becomes due, and, in case 
 of several items, the average due date. 
 
 FOR UNSECURED DEBT DUE A CORPORATION. 
 
 At I insert "he is of the a corporation incorporated 
 
 by and under the laws of the State of and carrying on business at 
 
 in the County of State' of and that he is duly 
 
 authorized to make this proof, and that " 
 
 At 2 insert "Corporaton." 
 
 If the debt is an open account, at 3 insert "that no note has been 
 received for said account nor has any judgment been rendered thereon," 
 also state when the account becomes due, and, in case of several items, 
 the average due date. 
 
104 Rouech's Manual. 
 
 FOR SECURED DEBT DUE A PARTNERSHIP. 
 
 At I insert "he is one of the firm of consisting of himself and 
 
 of State of and that " 
 
 At 2 insert "deponent's said firm.'' 
 
 At 3 insert "except the following" and follow with a full description 
 of the securities, and if the debt is an open account add the words "that 
 no note has been received for said account nor has any judgment been 
 rendered thereon," also state when the account becomes due, and, in 
 case of several items, the average due date. 
 
 FOR UNSECURED DEBT DUE A PARTNERSHIP. 
 
 At I insert "hie is one of the firm of consisting of himself and 
 
 of in the County of State of ; and that 
 
 At 2 insert "deponent's said firm.'' 
 
 If the debt is an open account, at 3 insert "that no note has been 
 received for said account, nor has any judgment been rendered thereon," 
 also state when the account becomes due, and, in case of> sevral items, 
 the average due date. 
 
 Form No. 30. — Proof of Debt in Bankruptcy, by Agent or 
 
 Attorney. 
 
 In the District Court of the United States, for the District 
 
 of 
 
 In the Matter of Bankrupt. 
 
 State of ) J 
 
 County of S 
 
 On the day of A. D ..., came of 
 
 in the County of and State of and made oath, and says 
 
 that . .he is the. . . . (Attorney or authorized agent) ... .of 
 
 State of ; that the person. . . . (By or against) . . . .whom a 
 
 petition for adjudication of bankruptcy has been filed, was at .and before 
 
 the filing of said petition, and still justly and truly indebted to 
 
 the said in the sum of Dollars ($ ) ; that the 'con- 
 sideration of said debt is as follows ; that no part of said debt 
 
 has been paid [except ]; that there are no set-oflfs or counter 
 
 claims to the same [except ]. and that this deponent has not, nor 
 
 has said nor has any person by h. . . order, or to this deponent's 
 
 knowledge or beilief, for the use of said had or received any 
 
 manner of security for said debt whatever* f And this deponent 
 
 says, that this deposition cannot be made by the claimant in person 
 
 because , and that this deponent is duly authorized by 
 
 principal to maki this affidavit, and that it is within knowledge 
 
Rouech's Manual. 105 
 
 that the aforesaid ucht was incurred as and for the consideration above 
 
 stated, and that such debt, to the best of knowledge and belief, 
 
 still remains unpaid and unsatisfied. 
 Subscribed and sworn to before 
 
 Tiie this day of 
 
 A. D 
 
 *Note. — If the debt is secured, after the word ''whatever," insert the 
 words "except the following," and describe the securities in full. 
 
 tif the debt is an open account, insert the words "that no note has 
 been received for said account, nor any judgment rendered thereon." 
 Also state when the account becomes due, and, in case of several items, 
 "the average due date. 
 
 Form No. 31. — Affidavit of Posting Notice. 
 
 If the notice is of some proceeding, meeting or sale in a court, 
 begin with a title as follows : 
 "State of Michigan^ 
 
 In the Circuit Court for the County of In Chancery. 
 
 Complainant, ' 
 
 vs. 
 
 Defendant."' 
 
 or 
 "State of Michigan, 
 
 In the Probate Court for the County of 
 
 In the Matter of the Estate of " 
 
 Then xu-ilow with the venue, etc., as follows: 
 
 State of Michigan, \ 
 
 fCounty of ) 
 
 , of in said County, being duly sworn, deposes and 
 
 says that on the day of. . . . , A. D , be posted up one 
 
 notice of (Sale of Real Estate in the above entitled tause [510]) or (of 
 Meeting of Commissioners on Claims [232]), etc., of which the annexed 
 printed notice is a true copy, at each of the following named places in the 
 
 of in said County of to wit: 
 
 One , one , one , and one , being 
 
 ■of the most public places in said and that each of said Notices 
 
 was conspicuously and securely posted. 
 Subscribed and sworn to before 
 
 me, this day of ' 
 
 A. D 
 
io6 Rouegh's Manual. 
 
 Form No. 22.— Printer's AMdamt of Publication. Probate Court 
 
 ( General) . 
 
 State of Michigan, 
 
 In the- Probate Court for the County of 
 
 In the Matter of the Estate of 
 
 State of Michigan, \ ^^ 
 County of ) 
 
 , . ., being duly sworn, deposes and says that he is the' 
 
 of the , a newspaper printed and published in the said County of 
 
 ; that the annexed printed Notice has beeni duly publislhod in said 
 
 newspaper at least once in each week for successive weeks im- 
 mediately preceding the day of , A. . D being the 
 
 day of '. .mentioned in said N-jtice, and that the first insertion of said 
 
 Notce in said newspaper was on the day of. ........ A. D , 
 
 and that the last insertion was on the day of A. D 
 
 Subscribed and sworn to before 
 
 me this day of 
 
 A. D 
 
 Note. — In the space indicated by the figure l, directly after the word 
 "the" insert (as the case may be), either the word "printer" or the words 
 "foreman of the printer ," or the words "principal cl^rk,'' etc. 
 
 (647.) 
 
 Form No. 55. — Printer's Affidavit of Publication of Notice of 
 
 Mortgage Sale. 
 
 State of Michigan, \ „g 
 County of ) 
 
 being duly sworn, deposes and says, that he is the' 
 
 of , a newspaper published and circulating in the said County of 
 
 ; that the annexed notice of Mortgage Sale was taken from said 
 
 newspaper, in which it was duly published at least once in each week for 
 
 twelve successive weeks; that the first publication thereof was on 
 
 the day of , A. D ; that it was published each suc- 
 ceeding thereafter, until the last publication thereof, which was on 
 
 the day of A. D 
 
 Subscribed and sworn to before'' | 
 
 me this day of 
 
 A. D ' 
 
 1. — See note to Form 32. 
 
Rouech's Manual. 107' 
 
 (789) 
 Form No. 33^. — Proof of Service of Notice of Hearing or Trial. 
 
 'AN,|,3 
 
 STATE OF MICHIGAN, 
 County of 
 
 ;. ., being duly sworn, says that on the day of 
 
 1 he served a notice, of which the within is a true copy, upon 
 
 attorney (or, solicitor) for the above named , by delivering 
 
 the same to (or, as the facts may be) 
 
 Subscribed and sworn to before me this | 
 day of ,\... ) 
 
 Notary Public, County, Mich. 
 
 (227-8) 
 CHATTEL MORTGAGES. 
 
 As Notaries Public are often called upon to draft and attend 
 to the execution, etc., of chattel mortgages, we deem it practical 
 to give some of the forms quite generally used in this State. How- 
 ever, before drafting such instruments the Notary should familiar- 
 ize himself with the laws of the State on the subject of "The Use 
 OF Personal Property as Security." On which subject a small 
 but complete work has been written by W. A. Bahlke, and pub- 
 lished by The Richmond & Backus (x). 
 
 Form No. 34. — Chattel Mortgage. 
 
 Know all Men by these Presents, that , of the first part, being" 
 
 justly indebted untO' of the second part, in the sum of 
 
 Dollars, ha...., for the purpose of securing payment of said debt, and 
 the interest thereof, granted, bargained, sold and mortgaged, and by these 
 
 presents do.... grant, bargain, sell and mortgage unto the said 
 
 the followinpg goods, chattels and personal property, to wit: ^ 
 
 which said above described goods, chattels and property, at the date 
 
 hereof, are situate at in the County, Michigan, and are 
 
 free and clear from all liens, conveyances, incumbrances and levies. 
 
 and for a valuable consideration hereby warrant the 
 
 above representations to be true 
 
 To Have and to Hold the Same Forever, Provided, always, and the 
 
 condition of these presents is such, that if the said shall pay 
 
 or cause to be paid to the said part. . . .of the second part the said sum of 
 dollars, being the debt aforesaid, with interest 
 
io8 Rouech's Manual. 
 
 on the day o£ A. D. 
 
 according to certain promissory note bearing even diate here- 
 with, executed by said to said part of the second 
 
 part, and to which this Mortgage is collateral security, then this Mortgage 
 
 and said promissory note. . . .shall be void and of no effect. . And 
 
 the said agree., to pay the same accordingly. But if de- 
 fault be made in such payment, the said < hereby authorized 
 
 to and shall sell at public auction, after the like notice as is required by 
 law for constables' sales, th.e goods, chattels and personal property here- 
 inbefore mentioned, or so much thereof as may be necessary to satisfy 
 the said debt, interest and reasonable expenses, andl to retain the same 
 out of the proceeds of such sale, the overplus or residue, if any, to belong 
 
 and to be returned to And the said herdby 
 
 authorized, at any time when shall deem in- 
 secured, or if the said part. ...of the first part shall sell, assign or dis- 
 pose of, or attempt to sell,assign or dispose of, the whole or any part of 
 the said goods and chattels, or remove or attempt to remove the whole 
 
 or any part thereof from the said without the written assent 
 
 ■of the part. .. .of the second part, then and from thenceforth it shall and 
 
 may be lawful for the said part. . . .of the second part, executors, 
 
 administrators or assigns, or his, her or their authorized agents, to enter 
 upon the premises of the said part.... of the first part, or any place or 
 places where the said goods and chattels, or any part thereof, may be, 
 and take possession thereof, and the same retain in some 'convenient 
 
 place, at the risk and expense of until the said sum of 
 
 money shall become due as aforesaid, and then to dispose of the same in 
 the manner above specified. 
 
 In Witness Whereof, The said part.... of the first part ha.... here- 
 unto set hand. . . .and seal. . . .the day of 
 
 A. D 
 
 (88i.) 
 
 A Chattel Mortgage need not be under seal. The existence of 
 a seal neither adds nor detracts from the vaHdity of the instru- 
 ment. 
 
 There is no statute in this State requiring a Chattel Mortgage 
 to be either witnessed or acknowledged ; these formalities not be- 
 ing required by the common law are not, therefore, necessary to 
 its validity. 
 
 Under the common law it was necessary to call the attesting 
 witnesses to the instrument in order to prove the execution of it. 
 
Rouech's Manual. 109 
 
 or to show that such witnesses could not be obtained, before the 
 same could be proven in any other manner, but the statutes of 
 Michigan abrogate this rule, and under these statutes, a chattel 
 mortgage not coming within the exception mentioned in the stat- 
 ute, can be proven without calling the attesting witnesses thereto ; 
 as by any one familiar with the hand-writing of the mortgagor, 
 or knowing the fact of the execution of the mortgage. The Michi- 
 gan statute reads as follows t 
 
 "That whenever ufKMi the trial of any action, civil or criminal, 
 or upon the hearing of any judicial proceeding, a written instru- 
 ment is offered in evidence, to which there is a subscribing' wit- 
 ness, it shall not be necessary to call such subscribing witness, but 
 such instrument may be proved in the same manner as it might 
 be proved if there were no subscribing witness thereto, except in 
 cases of written instruments to the validity of which one or more 
 of the subscribing witnesses are required by law." 
 
 The default clause in the following form provides for imme- 
 diate sale of the property in case of default or in case the mort- 
 gagee takes property because of insecurity, etc. : 
 
 Form No. 55. — Chattel Mortgage. 
 
 Know all Men by These Presents, That (I or We) ,.of 
 
 the first part, being justly indebted unto of the second 
 
 part the sum of have for the purpose of securing payment of 
 
 said debt, and the interest thereof, granted, bargained, sold and mort- 
 gaged, and by these presents do grant, bargain, sell and mortgage unto 
 the said the following goods, chattels, and personal prop- 
 erty, to-wit: which said above described goods, chattels 
 
 and property, at the date hereof, are situate at in the of 
 
 County of and State of Michigan, and are free and clear 
 
 from all liens, conveyances, in<^umibrances and levies and for a 
 
 valuable consideration said first part. .. .hereby warrant the above rep- 
 resentations to be true, to have and to hold the same forever, said goods 
 and chattels now remaining and continuing in the possession of said 
 iirtt part 
 
 Providted Always, and these presents are upon the express condition 
 
 that if the said part of the first part shall and do well and truly 
 
 pay or cause to be paid to the said part of the second part the 
 
 sum of dollars^ according to 
 
no Houech's Manual. 
 
 bearing even date herewith, executed' by to said part 
 
 oi the second part, then these presents and said ...and every 
 
 matter herein contained, shall cease and be null and void. And the said 
 
 part of the first part hereby expressly promise...., covenant. ..and 
 
 agree, .to and with the said part.... of the second part, to pay 
 
 the said sum of dollars and interest thereon, at the time and 
 
 ill the manner above provided. But in case default shall be made in the 
 payment of said sum of money above mentioned or the interest thereon, 
 or any part thereof, at the time above limited for the payment of the same, 
 
 or if the said part of the first part shall sell, assign or dispose of, or 
 
 attempt to sell, assign or dispose of the whole or any part of the said 
 goods or chattels, or remove or attempt to remove the whole or any 
 
 part thereof, from the said of without the written assent 
 
 of the part. .. .of the second part, or if said second part shall at any 
 
 time deem sel . . . . insecured, then and from thenceforth it shall 
 
 and may be lawful for the said part. . . .of the second part, execu- 
 tors, administrators or assigtis, or his, her or their authorized agent, to 
 enter upon the premises of the said part. . . .of the first part, or any place 
 or places where the said goods and chattels, or any part thereof may be, 
 and take possession thereof, and to sell and dispose of the same for the 
 best price or prices that can be obtained therefor, at private sale or at 
 public vendue, giving six days' notice of such sale, by written or printed' 
 
 notices, to be posted at three or more public places in the said of 
 
 , and out of the money to arise by such sale thereof, to pay and 
 
 retain the said sum of money above mentioned, and the interest thereon, 
 and all charges, of such sali, (if so much 'there shall be.) rendering the 
 surplus moneys, (if any there shall be) to the said part.... of the first 
 part. 
 
 In Witness Whereof, The part.... of the first part ha. .. .hereunto 
 
 iet hand. .. .and seal. .. .this day of , A. D 
 
 [L. S.] 
 
 If interest is to be jlaid insert that fact in the space following the 
 word "dollars," at i. 
 
 (1282.) 
 
 Form No. 36. — Insurance Clause for Chattel Mortgage. 
 
 And it is also agreed, by said part.. of the first part, that, (so long 
 
 as the moneys' secured by these presents are unpaid), 
 
 shall and will keep the mortgage interest of the part of the second 
 
 part, or heirs or assigns, in the goods and chattels above nicn- 
 
 ticned and described, insured against loss and damage by fire, by in- 
 ,surers, and in amount and manner approved by the said part. . . of the sec- 
 ond part, and deliver all policies for such insurance to said second part. . . ; 
 and in default thereof, it shall be lawful for the said part. . . of the second 
 
Rouech's Manual. hi 
 
 part, heirs, executors, administrators or assigns, to effect such 
 
 insurance, and the premium and premiums paid for effecting the same, 
 shall be a lien on the said mortgaged goods and chattels, added to the 
 -amount secured by these presents, and payable forthwith with interest 
 at the rate of per ceijt per annum. 
 
 Form No. 57. — Tax Clause for Chattel Mortgage. 
 
 It is Agreed, That said first part. .. .shall pay all taxes levied on said 
 property, or for which it may be seized or levied on; and the -econd 
 part. .. .hereby authorized to pay and discharge any and all prior liens 
 and taxes for which said property is liable or shall be seized, whenever, 
 
 deem. ...it for interest so to do, and the sums so 
 
 paid shall be a lien on said property added to the amdunt secured by 
 these presents, payable forthwith, with interest at seven per cent per annum. 
 
 The mortgage may be made to cover after acquired goods or 
 property. But to cover after acquired goods by a mortgage, or 
 subject any property to the Hen of a chattel mortgage it must be 
 brought within its descriptive words ; that is to say, the language 
 used in the description must fairly include such ^property. So as 
 to property or goods in transit, the language of the mortgage 
 must be such that these goods are embraced within it. 
 
 The foUoiwing form of mortgage has been drafted specially 
 for use by wholesale houses, and contains the necessary language 
 to cover after acquired goods : 
 
 Form No. 38. — Commercial Chattel Mortgage. 
 
 This Indenture, Made this day of in the year one 
 
 thousand nine hundred between part of the tlrst 
 
 pari, and.. part of'the second part. 
 
 Witnesseth, that said part.... of the first part, for and in considera- 
 tion of the sum of dollars, to. . . .'h. . . .in hand paid by said part. . . 
 
 of the second part, and for the purpose of securing the payment of said 
 
 sum, and of any future sums for which said part of the first part may 
 
 at any time hereafter become indebted to said part. ...of the second part, 
 do hereby grant, bargain, sell, and mortgage to said part. ...of the sec- 
 ond part, the following described goods, chattels, and personal property. 
 
 to-wit: and, also, all goods, wares, merchandise, fixtures, 
 
 furniture and personal property &f every kind and, nature, now in and 
 
 about the store occupied and used by said part of the first part 
 
 in carrying on. .. .h. ...business, at the .of in the County 
 
 of..- State of Michigan, and, also, all the goods, wares, merchan- 
 
112 Rouech's Manual. 
 
 dise, fixtures, furniture and personal property of every kind and nature,, 
 which at any time hereafter may be purchased for, added to, or used in 
 connection with, said stock, or business, or commingled with the same. 
 
 Provided Always, and these presents are made upon this express con- 
 dition, that if said part. .. .of the first part shall pay or cause to be paid 
 
 to said part.... of the second part, the said sum of dollars, with 
 
 interest thereon, as follows: and shall also pay or cause 
 
 to be paid, all bills, accounts, notes, and obligations which at any time 
 may be made or incurred by, or be owing by said part. .. .of the first part 
 
 to said part. . . .of the second part at the time and in the manner 
 
 in which the same sihall become due and payable, together with the in- 
 terest thereon, then these presents shall cease and become null and void. 
 
 Said part.'. ..of the first part do hereby covenant and agree that.... 
 he.... are lawfully possessed of the above described goods, chattels and 
 personal property as of. . . .h. .. .own property, and that the same are 
 free and clear from all liens, conveyances, mortgages, incumbrances, and 
 
 levies. and the said part. . . .of the first part hereby warrant 
 
 ....the above representations to be true. 
 
 Said part of tfhe first part further covenant, .and agree, .that. .h. . 
 
 will add' to said s,tock and replenish the same, as rapidly as goods shall 
 be sold therefrom, as nearly as may be, so that the stock on hand shall 
 
 at no time be worth less than per cent more (if inventoried at 
 
 cost price), than the entire indebtedness hereby secured from time to 
 time existing; also, that said part.... of the second part shall have the 
 right at any time to enter upon same premises, or wherever ahe goods 
 covered by this Mortgage may be, and make an examination end in- 
 ventory of the same: also, that no goods, covered by this Mortgage, shall 
 be sold by said part... .of the first part, except in the ordinary course of 
 retail trade, and then only for cash, or to responsible persons and on 
 
 short time; also, that said part of the first part will not remove the 
 
 property covered by this Mortgage, or any part thereof, except in the 
 
 ordinary course of retail business, from the said. ...... .in the of 
 
 , County and State aforesaid, without the written consent to be 
 
 hereon endorsed, of said part.. ..of the second part. 
 
 Said part. . . .of the first part further covenant, .and agree, .that. .h. . 
 
 will keep t'be interest of said part of the second part in the goods ani 
 
 chattels covered by this Mortgage insured against loss or damage by fire, 
 during, the continuance of this Mortgage, and in default thereof it shall 
 be lawful for said part.... of the second part to effect such insurance, 
 and the premiums so paid shall be a lien added to the amount secured 
 hereby and payable forthwith. 
 
 Said' part.... of t^he first part also covenant, .and agree, .that. .h. . 
 will pay or cause to be paid to said part. ...of the second part the in- 
 debtedness hereby secured,, including that heretofore existing as well as 
 that hereafter to be contracted, at the time or times that such indebtedness 
 
Rouech's Manual. 113 
 
 shall become due, and that this Mortgage shall be a continuing security 
 for the payment of such indebtedness until disicharged by writing. 
 
 It is Hereby Agreed by and between the parties hereto that in case 
 default is made by said part of the first part in any payments of in- 
 debtedness hereby secured, whether heretofore existing or hereafter to 
 be contracted, as such payments shall become due, or in keeping up such 
 insurance, or in keeping up and replenishing said stock as aforesaid, or 
 in any of tlie covenants and conditions herein contained, then, in any 
 such case, the said part. . . .of the second part shall have the right, at. .h. . 
 option, during such default, to declare the whole sum or sums secured 
 hereby and then remaining unpaid, immediately due and payable, and a 
 demand of possession, or seizure of any part of said property covered by 
 this Mortgage shall be considered a sufficient notice of. .h. .intention to 
 declare the same due. 
 
 Said part.... of the second part hereby agree that until default in, 
 or the violation of one or more of the covenants and agreements herein 
 contained, by said part. . . .of the first part, or possession is taken or de- 
 manded as herein provided for by said part. ...of the second part, of 
 said property covered by this Mortgage, the said part.... of the first 
 part may, possess, sell, use, and enjoy in the usual and regular manner 
 of retail trade, without any disturbance or interference by said part. .. .of 
 the second part, all the said property covered by this Mortgage. 
 
 And it is Further Agreed by and between the parties hereto, that 
 in case default shall be made by said part. .. .of the first part in any pay- 
 ments of indebtedness herety secured, whether lieretofore existing or 
 hereafter to be contracted, as such payments shall become due, or in any 
 of the covenants or agreements herein contained, or if said part. . . .of the 
 first part shall sell, or assign, or attempt to sell or assign the whole or 
 any part of said properly at any time covered by this Mortgage, except 
 as hereinlbefore provided for, or shall rem.ove or attempt to remove the 
 same or any part thereof from the said without the written con- 
 sent of the said part. .. .pi the second part to be hereon endorsed, or in 
 case the whole amount secured hereby is declared due as hereinbefore 
 
 provided for .then and from thenceforthi, that is to say, upon 
 
 the happening of any one of these events, it shall and may be lawful for 
 
 said part.... of the second part, and. .h hereby empowered and 
 
 authorized as a part of this security, to enter upon said premises,- or any 
 place or places v/here any of the property covered by Has Mortgage 5s 
 
 situated, and to take possession of the same, and to hold the 
 
 same at the said place of business of said part. .. .of the first part, or the 
 said part. .. .of the second part may remove such property to such other 
 
 place or places, within the State of Michigan, as. .h. . may deem 
 
 desirable, and there retain such property, as..h.. may deem most safe 
 and convenient, and for such time as may be deemed' best by. .h. .at the 
 risk and expense of said part of the first part, and^ then to sell such 
 
 (8) 
 
114 Rouech's Manual. 
 
 property either in said of or at such other place within 
 
 the State of Michigan, to which said property may have been removed 
 by said part. . . .of the second part, either, at private sale or public auction, 
 
 in bulk or in parcels, and if at public sale, after giving at least days' 
 
 iiotice by written or printed notices to be posted in three or four public 
 places in the City, Village, or Township, in which the said property shall be 
 offered for sale, and out of the moneys arising from such sale to pay the 
 expenses of such seizure, holding, removal, and sale, including, in case an 
 attorney is employed to foreclose this Mortgage by a sale of the prop- 
 erty covered hereby, or in chancery, an Attorney fee of dollars 
 
 and all sums of money which may be owing under this Mortgage, to said 
 part. .. .of the second part, and render the surplus money, if any, to said 
 part. . . .of the first part. 
 
 It is also Agreed by the parties hereto that the covenants and agree- 
 ments herein contained shall apply to and be binding on their heirs, rep- 
 resentatives and assigns respectively. 
 
 In Witness Whereof, said part. . . .of the first part h. . . .hereunto set 
 . .h. . . .hand. . and seal. . this day of in the year one thou- 
 sand nine hundred 
 
 [L. S.] 
 
 (to86.) 
 
 form No. jp. — Chattel Mortgage Renewal AMdavit. 
 
 STATE OF MICHIGAN, ) ^^ 
 County of ) 
 
 of , being duly sworn, deposes and says he 
 
 is' the owner of a certain Chattel Mortgage, given by to 
 
 , dated the day of , A. D , and filed in the ofBce 
 
 of the of in said county, on the day of A. D. 
 
 at o'clock m.; tlhat he makes this affidavit for and in be- 
 half of , being acquainted with the facts;' that there is due and re- 
 maining unpaid on said Mortgage the sum of dollars, and interest 
 
 from. : which said sum constitutes the interest of said in the 
 
 property in said mortgage mentioned and described, and said Mortgage 
 is hereby renewed for the amount above written. Further deponent 
 saith. not. 
 
 Subscribed and sworn to before 
 
 me, this day of 
 
 A. D 
 
 Notary Public in and for County, Michigan. 
 
 Note. — I. If affidavit is made by agent or attorney, insert after words 
 "and says he is" the following: "the Attorney of " or "the Agent 
 
Rouech's Manual. 115 
 
 of " as the case may be, and after the words "in behalf of" insert 
 
 the words "'said owner," and if made by owner of Mortgage, insert the 
 "word "himself." 
 
 (744) 
 
 Form No. 40. — Assignment of Chattel Mortgage. 
 
 Know all Men by these Presents, That' of the first part, for 
 
 and in consideration of the sum of lawful money of the United 
 
 States of America in hand paid by of the second part, at or 
 
 before the ensealing or delivery of these presents, the receipt whereof is 
 hereby acknowledged, have granted, bargained, sold', assigned, trans- 
 ferred and set over, and by these presents do grant, bargain, sell, assign, 
 transfer and set over unto the said part.... of the second part, a certain 
 
 Chattel Mortgage, bearing date the day of A. D 
 
 made by to " which was filed in the office of of the 
 
 of in the County of .State of together witli 
 
 the or obligation therein mentioned, and the moneys now due, 
 
 and the interest that may hereafter grow due thereon: To Have and to 
 
 Hold the same unto the said part of the second part heirs and 
 
 assigns, Forever. And' do hereby authorize and appoint the said 
 
 part of the secondi part true and lawful attorney, 
 
 irrevocable in name. . . , or otherwise, but at proper 
 
 costs and charges, to have, use and take all lawful ways and 
 means for the recovery of the sum or sums of money now due and owing, 
 or hereafter to become due and owing, upon the said and mort- 
 gage; and in case of payment to give acquittance or other sufficient dis- 
 charge, as fully as ...might or could do if these presents were not 
 
 made; and (I or we) .... do hereby, for heirs, executors and ad- 
 ministrators, covenant,- promise and agree to and with the said part... of 
 
 the second part, that there is due upon the said and 
 
 mortgage the sum of , . . . , and that ha, . . . good, right and law- 
 ful authority to grant, bargain and sell the same in manner aforesaid. 
 
 Dated the day of A. D 
 
 In Presence of 
 : (Two Witnesses.) 
 
 Note. I. "I" or "We," followed by the full names of the party or 
 
 parties of'the first part. 
 
 2. If necessary at 2 insert "a copy of." 
 
 (I243-) 
 
DISCHARGE OF CHATTEL MORTGAGE. 
 
 The Michigan statute, provides for a discharge of a chattel 
 mortgage as follows : 
 
 "Any chattel mortgage, or any yistrument intended to openate 
 as a chattel mortgage, that has been or may hereafter be filed, 
 may be discharged by an entry on the 'Ixtok, kept by the township 
 or city clerk, as provided in section four thousand seven hundred 
 and eight of the compiled, laws of eigihteen hundred and seventy- 
 one, where the time of filing such instrument has been entered, 
 signed by the mortgagee or his personal Representative, or as- 
 signee, acknowledging the satisfaction oi the mortgage in the 
 presence of the township or city clerk, or city recorder, as the- 
 case may be, or his deputy, who shall subscribe the same as a wit- 
 ness thereto ; and such entry shall have the same effect as a deed or 
 instrument of release, duly acknowledged and filed, and where- 
 upon said chattel mortgage, or the copy thereof which may have 
 been filed, shall, at the request of the mortgagor, be delivered to- 
 him by such clerk, recorder, or his d,eputy, and such clerk or re- 
 corder shall make an entry of the date of such delivery, and to- 
 whom delivered." Miller's C. L,, 9531. 
 
 While the above is a method pointed out by the statutes for 
 the discharge of a chattel mortgage, it is clear from the language 
 thereof that it is not the only method by whioh such instruments- 
 may be discharged. From the fact that the statute is couched in 
 the words of "consent," rather than of "command," implies an- 
 other existing method of discharge, and from the reference there- 
 in to the effect that a mortgage so discharged "shall have the 
 siame effect as a deed or instrument of release, duly acknowledged 
 and filed," it is clear that an instrument thus executed and filed,, 
 is a recognized method of discharge of higher order than that 
 laid down by the statute, and is a good discharge. 
 Below we give a form of discharge in writing; 
 
 Form No. 41. — Discharge of Chattel Mortgage. 
 
 Know all Men by these Presents, That' of the of 
 
 County of and State of do hereby certify, that a certaia 
 
Roukch's Manual. 117 
 
 •Chattel Mortgage, bearing date the day of A. D 
 
 made and executed by to .\ ...... which was duly filed in the 
 
 •oiifice of the, . , of the of in the County of. ...... .State 
 
 <,t on the day of A. D at o'clock m.,' 
 
 is fully paid, satisfied and discharged. 
 
 . Dated this day of A. D. 
 
 Signed in presence of 
 
 (Add Acknowledgment.) 
 
 Note.— I. In space indicated by the figure i, insert the word "I" or 
 "we" to be followed by the name of the person who executes the dis- 
 <;harge and his relation to the Mortgage, as mortgagee, his assignee or 
 3egal representative. 
 
 2. If a COPY of Chattel Mortgage was filed in space indicated by 
 -the figure 2, insert ''a true copy of." 
 
 3. Some give a description of the property covered by the Mortgage, 
 if this is desired the Exact description contained in the mortgage may be 
 inserted at "3." 
 
 (.347.) 
 
 It frequently occurs that security on personal property is taken 
 in the form of a bill of sale absolute on its face. This practice is 
 not approved, but it has been held that a bill of sale aibsolute on 
 its face may be shown by parol evidence to have been designed or 
 intended as a mortgage, notwithstanding the express covenants of 
 the instrument to the contrary. 
 
 Form No. 42. — Bill of Sale. 
 
 Know all Men by these Presents, That (I or We) ....... .of the 
 
 ■of in the County of and State of Michigan, of the first 
 
 part, for and in consideration of the sum of dollars, lawful money 
 
 of the United States, to paid by of of the second 
 
 part, the receipt whereof is hereby acknowledged, ha. .. .bargained and 
 sold, and (by these presents do. . . .grant and convey, unto tJie said part. . . . 
 
 -of the second part executors, administrators or assigns, all the 
 
 following goods and chattels, to-wit: belonging to and 
 
 now in possession at To Have and to Hold the same 
 
 -unto the said part.... of the second part, executors, administra- 
 tors and assigns, Forever. And the said part. ...of the first part, for 
 
 ....heirs, executors and administrators, do covenant and agree 
 
 io and with the said part. . . .of the second part executors, admin- 
 
ii8 Rouech's Manual. 
 
 iflrators and assigns, to Warrant and Defend the sale hereby made of 
 said property, goodls and chattels, unto the said part. .. .of the second 
 
 part, executors, administrators and assigns against all and every 
 
 person or persons whatsoever. 
 
 In Witness Whereof (I or We) have hereunto set hand, .and 
 
 seal, .this day of one thousand nine hundred and 
 
 Signed, Sealed and Delivered ) f L. S.]' 
 
 in Presence of } [L. S.l: 
 
 [L. S.J 
 
 (27.) 
 DEEDS. 
 
 Any conveyance of lands worded in substance as follows : "A. 
 B. conveys and warrants to C. D. (here describe the premises) 
 for the sum of (here insert the consideration)," the said convey- 
 ance being dated and duly signed, sealed^ and acknowledged by 
 the grantor, shall be deemed and held to be a conveyance in fee 
 simple to the grantee, his heirs and assigns, with covenant from 
 the grantor for himself and his heirs and personal representatives,, 
 that he is lawfully seized of the premises, has good right to cort- 
 vey the same, and guarantees the quiet possession thereof; that 
 the same are free from all incumbrances, and that he will warrant 
 and defend the title to the same against all lawful claims.^ 
 
 Any conveyance of lands worded in substance as follows : "A> 
 B. quit-claims to C. D. (here describe the premises) for the sum- 
 of (here insert the consideration)," the said conveyance being duly- 
 signed, sealed and aicknowledged by the grantor, shall be deemed 
 to be a good and sufficient conveyance in quit-claim to the grantee, 
 his heirs and assigns.' 
 
 It shall not be necessary to use the words "heirs and assigns of 
 
 I. — A scroll or device used as a seal upon any deed of conveyance or 
 other instrument whatsoever, whether intended to be recorded or not, 
 shall liave the same force and effect as a seal attached thereto, or im- 
 pressed thereon,, but this section shall not be construed to apply to such 
 official seals as are, or may be, provided for by law. Miller's C. L., gooS- 
 
 2. — Miller's C. L., 9014. 
 
 3. — Miller's C. L., 9015. 
 
Rouech's Manual. 119 
 
 the grantee" to create in the grantee an estate of inheritance ; and 
 if it be the intention of the grantor to convey any lesser estate, it 
 shall be so expressed in the deed.* 
 
 Deeds executed within this State of lands or any interest in 
 lands therein, shall be executed in the presence of two witnesses, 
 who shall subscribe their names to the same as such, and the per- 
 son (or persons) executing such deed, shall acknowledge the exe- 
 cution thereof before a notary public (or other proper ofificer), and 
 such officer shall affix to the instrument a certificate of such ac- 
 knowledgment in the proper form, and the true date of making tlie 
 same, under his hand." 
 
 In addition to the mode in which such instruments may now 
 be executed, in this State hereafter, all deeds and other instru- 
 ments in writing executed by any j)erson or by any private cor- 
 j>oration, not having a corjHjrate seal, and now required to be 
 under seal, shall be deemed in all respects to be sealed instruments, 
 and shall be received in evidence as such, provided, the word "seal" 
 or the letters "L. S." are added in the place where the seal should 
 be affixed.* 
 
 A seal of a court, public officer, or corporation may be im- 
 pressed directly upon the instrument or writing to be sealed, or 
 upon wafer, wax, or other adhesive suibstance affixed thereto, or 
 upon paper or other similar suibstance affixed thereto by mucilage 
 or other adhesive substance. An instrument or writing duly exe- 
 cuted in the corporate name of a corporation, which shall not have 
 adopted a corporate seal, by the proper officers of the corporation 
 under any seal, shall be deemed to have been executed under the 
 corporate seal.'' 
 
 PENALTY FOR USING CERTAIN PRINTED FORMS. 
 No person shall print, sell, or keep for sale any blank forms 
 
 4. — Miller's C. L., 9016. 
 
 5.— Miller's C. L., 8967. 
 
 6. — Miller's C. L., 9018. 
 
 7. — Miller's C. L., goig. 
 
I20 Rouech's Manual, 
 
 of deeds conteining the words "warranty deed," or "warranty 
 deed-covenant-own acts," or any similar words printed or writ- 
 ten thereon, unless such deed is in fact an absolute warranty deed. 
 No person shall knowingly use any such deed for the purpose of 
 conveying title unless the same is an absolute warranty deed; 
 Provided, that all .such blank deeds now printed ,and kept for sale 
 shall not be affected by the provisions of this act if the person 
 selling or oflfering such blank deeds for sale shall erase with ink 
 any such words printed or written on such deeds.^ 
 , Any person found guilty of an offense against the provisions of 
 section one of this act shall .be punished by fine not exceeding 
 twenty-five dollars or by imprisonment not exceeding thirty days.* 
 
 Form No. 4J. — Warranty Deed — Statutory. 
 
 of *conveys and warrants to 
 
 of all. .. .certain piece., or parcel., of land situate and being in 
 
 the of County of and State of Michigan, known 
 
 and described as follows: together with t'he hereditaments 
 
 and appurtenances thereunto belonging or in any wise appertaining, for 
 the sum of dollars. 
 
 Dated this day of A. D 
 
 In presence of ) PL S 1 
 
 (Two Witnesses.) ) 
 
 (Add Acknowledgment.) 
 
 Form No. 44. — Warranty Deed — Short Form. 
 
 (A Form very extensively used in Michigan.) 
 
 This Indenture, Made this day of in the year of our 
 
 Lord one thousand nine hundred., , Between of the 
 
 tirst part, and of the second part, Witnesseth, That the said 
 
 part. . . .of the first part, for and in consideration of the sum of to 
 
 in hand paid by the said part.... of the second part, the receipt 
 
 whereof is hereby confessed and acknowledged, do. .. .by these presents, 
 grant, bargain, sell, remise, release, alien and confirm unto the said 
 
 part of the second part, and heirs and assigns, Forever, All 
 
 certain piece, .or parcel, .of land, situate and being in the 
 
 8.— Miller's C. L , 11368. 
 9.— Miller's C. L., 11369. 
 
Rouech's Manual. 121 
 
 of County of and State of Michigan, and described 
 
 -as follows, to-wit: (Insert description.) Together with all and singular 
 the hereditaments and appurtenances thereunto belonging or in anywise 
 
 appertaining: To have and to hold the said premises, as described, 
 
 with the appurtenances, unto the said part. .. .of the second part, and to 
 
 iheirs and assigns, Forever. And (he said part. ... of the 
 
 first part, heirs, executors and. administrators, do. . . .cove- 
 nant, grant, bargain and agree, to and with the said part. . . .of the second 
 part heirs and assigns, that at the time of the ensealing and de- 
 livery of these presents well seized of the above-granted premises 
 
 in Fee Simple; that they are free from all incumbrances whatever, 
 
 and that will, and heirs, executors, administrators 
 
 shall warrant and defend the same against all lawful claims what- 
 soever. 
 
 In Witness Whereof, the said part.... of the. ...first part ha.... 
 hereunto set hand, .and seal, .the day and year first above written. 
 
 .Sealed and Delivered in presence of ) . [L S ] 
 
 (Two Witnesses.) ) 
 
 (Add Acknowledgment.) 
 
 (I.) 
 
 Form No. 45. — Quit Claim Deed — Statutory. 
 
 For a Quit Claim Deed under the Michigan statute use Form No. 
 .41, omitting the line marked with an asterisk, "*Conveys and Warrants 
 to," and inserting in lien thereof the words 'Quit Claims to." 
 
 Form No. 46. — Quit Claim Peed — Short. 
 
 This Indenture, Made the day of in the year of, our 
 
 Lord one thousand nine hundred. , Between of the 
 
 first part, and of the second part; Witnesseth, That the 
 
 said part. . . .of t3ie first part, for and in consideration of the sum of 
 
 to in hand paid by the said part of the second part, the re- 
 ceipt whereof is hereby confessed and acknowledged, do.... by these 
 presents, grant, bargain, sell, remise, release and forever Quit Claim 
 
 -unto the said part. . . .of the second part, and to heirs and assigns, 
 
 Forever, All certain piece.. or parcel, .oi land, situated in the 
 
 of in County, and State of Michigan, known and 
 
 ■described as follows : 
 
 Together with all and singular the hereditaments and appurtenances 
 thereunto belonging or in anywise appertaining; To Have and to Hold 
 
 the said .to the said part of the second part, and to 
 
 heirs and assigns, to the sote and only proper use, benefit and behoof of 
 
122 Rouech's Manual. 
 
 the said part. . . .of the second part heirs and assigns, Forever. 
 
 In Witness Whereof, the said part.... of the first part ha.... here- 
 unto set hand, .and seal, .the day and year first above written. 
 
 Signed, Sealed and Delivered in presence of I FL S 1 
 
 (Two Witnesses.) ) 
 
 (Add Acknowledgment.) 
 
 (3.) 
 
 MORTGAGES. 
 
 The Michigan statute relative to the 'form of a mortgage is- 
 as follows : 
 
 Any mortgage of lands worded in substance as follows : "A. 
 B., mortgages and warrants to C. D. (here describe the premises), 
 to secure the repayment of" (here recite the sum -for which the 
 mortgage is granted, or the notes or other evidence (evidences) of 
 debt, or a description thereof, sought to be secured, also the date 
 of the repayment), the said mortgage being dated and duly signed,, 
 sealed and acknowledged by the grantor, shall be deemed and held 
 to be a good and sufficient mortgage to the grantee, his heirs, as- 
 signs, executors and administrators, with warranty from the 
 grantor and bis legal representatives, of perfect title in the 
 grantor, and against all previous incumbrances. And if in the 
 above form the words "and warrant" be omitted, the mortgage 
 shall be good, but without warranty.^ 
 
 A great many of the mortgages used at the present time 
 have a clause providing for an attorney's or solicitor's fee in 
 case of foreclosure. The statutes of this State provide that in 
 all cases of foreclosure of a mortgage upon real estate by ad- 
 vertisement, where an attorney or counsellor at law is employed 
 to foreclose the same, the attorney's fee may be included as a 
 part of the cost ; the amount of such fee being fixed by the 
 statute as follows : For all sums of Five Hundred Dollars, or 
 less. Fifteen Dollars ; for all sums over Five Hundred Dollars, 
 and not exceeding One Thousand Dollars, Twenty-fiVe Dollars;: 
 for all sums over One Thousand Dollars, Thirty-five Dollars 
 which sum shall include the principal and interest due on said 
 mortgage. Miller's 11152. If, however, there is an amount 
 
Rouech's Manual. 123 
 
 provided for in the mortgage, such cost can not exceed the 
 amount so mentioned. 
 
 In case of foreclosure in chancery, in Kittermaster vs. 
 Brossard, 105 Mich, at p 220 the court says: 
 
 " It seems to be the settled law of Michigan that provisions 
 for attorney's fees in instruments are void, except where ex- 
 pressly sanctioned by statute. * * Several of the cases cited 
 deny the validity of agreements, by parties for larger costs 
 than those provided by law. We think that the cases cited 
 clearly settle the law of this State upon the subject before us, 
 and that the complainant was not entitled to the fee claimed," 
 viz: a Solicitor's fee of forty dollars. 
 
 The amount of costs taxable upon obtaining a decree in 
 chancery is provided for by chancery rule No. 22. It would 
 seem under these decisions that the provision for solicitor's 
 fee is not of any value to the mortgagee, but rather tends to 
 unprofitable litigation. However, such clauses are given in the 
 following forms as a matter of convenience to those who still 
 desire to use them. 
 
 Form No. 4/. — Mortgage — Statutory. 
 
 Mortgages and Warrants to all. . . .certain 
 
 piece, .or parcel, .of land situate in the of County of 
 
 State of Michigan, known and described as follows: To- 
 gether with the hereditaments and appurtenances hereurirt:o belonging or 
 
 in anywise appertaining, to secure the re-payment of the sum of , . 
 
 in from the date hereof, with interest at the rate of. . . .per annum, 
 
 payable annually, according to the terms of certain, 
 
 bearing even date herewith, executed by to said to which 
 
 this Mortgage is collateral. 
 
 Dated this day of A. D 
 
 In presence of • ) FT S 1 
 
 (Two Witnesses.) \ 
 
 (Add Acknowledgment.) 
 
 Form No. 48. — Mortgage — Short. 
 A form much used in this State where no special clauses re- 
 lative to taxes, insurance, etc., are required; the same being a. 
 straight mortgage simply to secure fhe payment of a loan and the 
 interest thereon. 
 
 I. — Miller's C. L., Q017. 
 
J 24 Rouech's Manual. 
 
 This indenture, Made this , , day of, in the year of our Lord 
 
 one thousand nine hundred , Between of the first part, 
 
 .^nd . , .., - > of the second part ; Witnesseth, Thfit the said part, , . of 
 
 the first part, for and in consideration of the sum of . . . •. to 
 
 in hand paid by the said part of the secodd part, the receipt, whereof 
 
 Ai hereby confessed and acknowledged, ha granted, bargained, sold, 
 
 remised, release^d, enfeoffed ahd confirmed, and by these presents do 
 
 grant, bargain, sell, remise, release; enfeoff and confirm unto the said 
 
 j)art of the ^'econd part, and to. ; .^ .heirs and assigns, Forever, All 
 
 .certain piece, .or parcel, .of land situate in the. of, ,.,..«.- 
 
 in the County of and State of Michigan, and described as follows, 
 
 io-wit: Together, with the hereditaments and appurtenances 
 
 thereunto' belonging or in anywise (ippertaining: 
 
 To Have and to Hold, the above bargained premises, unto the said 
 
 J'art .of the second part, and to. ...,..- .heirs and assigns, to the sole 
 
 .and only proper use, benefit and behoof of tbe said part. . . .of the second 
 part heirs and assignSj Forever: 
 
 Provided Always, and these presents are upon this express condition, 
 
 that if the said part of the first' part shall and do well and truly pay, 
 
 •or cause to be paid, to the said part.... of the second part, the sum of 
 
 according to. ..... ..bearing even date herewith, executed by 
 
 to the said part.... of the second part, to which this indenture 
 
 is collateral security, then these presents and shall cease, and be 
 
 null and void. But in case of non-payment of the said sum of 
 
 or of the interest thereof, or any part of said principal or interest, at the 
 time, in the manner, and at the place above limited and specified for the 
 jiayment thereof, then and in such case it shall and may be lawful for the 
 
 said part. . . .of the second part heirs, executors, administrators or 
 
 assigns, and the said part. . . .of the first part do. . . .hereby empower and 
 .authorize the said part. . . .of the second part heirs, executors, ad- 
 ministrators or assigns, to grant, bargain, sell, release and convey the 
 ;said premises, with the appurtenances, at public auction or vendure, and, 
 
 on such sale to make and execute to the purchaser or purchasers 
 
 heirs and assigns. Forever, good, ample and sufficient deed or deeds of 
 
 conveyance in law, pursuant to the statute in such case made and pror 
 
 ■ -vided, rendering the surplus moneys, (if any there should be) to the said 
 
 part.... of the first part heirs, executors or administrators, after 
 
 deducting t'he costs and charges of such vendue and sale aforesaid. 
 
 And it is Further Expressly Agreed, That as often as any proceed- 
 ing is taken to foreclose this Mortgage, either by virtue of the power of 
 sale herein contained, or in chancery, or in any other manner providled 
 
 "by law, said first part .... shall pay said second, part dollars, as a 
 
 reasonable Solicitor or Attorney fee therefor, in adklition to all other 
 legal costs.' 
 
 1. — See discussion as to Solicitor's fee, on page 123. 
 
Rouech's Manual. 125. 
 
 In Witness Whereof, The part..,, of the first part ha. .. .hereunto- 
 set hand, .and seal, .the day and year first above written. 
 
 Signed, Sealed and Delivered in presence of 
 (Two Witnesses.) 
 
 [L. S.] 
 
 (Add Acknowledgment.) 
 
 (6.) 
 
 Form No. 4p. — Mortgage. 
 
 This form is known as the "committee" form, and provides for 
 insurance, payment of taxes, attorney fee, etc. The tax clause; 
 providing for the pa)fment 'by the mortgagor of the taxes assessed 
 on the property and the mortgage. 
 
 This Mortgage, Made the day of in the year one thou- 
 sand nine hundred , By mortgagor. ., unto. 
 
 mortgagee. 
 
 Witnesseth, That the said mortgagor. ., in consideration of the sum, 
 of dollars, tfhe receipt of which is acknowledged; and for the pur- 
 pose of securing the repayment of the said sura, with interest, as herein- 
 after provided, and the performance of the covenants hereinafter con- 
 tained, hereby mortgage, .and warrant, .unto the said mortgagee 
 
 heirs and assigns, the lands, premises and property situated in the 
 
 of County of and State of Michigan, described as fol- 
 lows, to-wit: Together with the hereditaments and ap- 
 purtenances thereof. 
 
 And the said mortgagor, .for. . . , (heirs,. 
 
 executors and administrators) hereby covenant, .with the said mortgagee 
 legal representatives and assigns, as follows: 
 
 First. Said mortgagor, .will pay to the said mortgagee.., 
 
 legal representatives and assigns, the said sum of dollars 
 
 with interest thereon at the rate of per cent per annum, payable 
 
 semi-annually, until the full payment of said principal sura, according to 
 
 the terms of bearing even date herewith, executed by to- 
 
 the said mortgagee. ., and will pay interest at the rate of per cent 
 
 per annum, semi-annually, upon all overdue interest or principal from the 
 time of its maturity. 
 
 Second. The said mortgagor.., within forty days after the same 
 become due and payable, will pay all ta.xes and assessments which shall 
 be levied upon the said lands, or upon, or on account of, this mortgage, 
 or the indebtedness secured hereby, or upon the interest or estate in said" 
 lands created or represented by this mortgage, or by said indebtedness,. 
 
126 Rouech's Manual. 
 
 •whether levied against the said mortgagor.., legal representa- 
 tives or assigns, or otherwise; and said mortgagor, .hereby waive, .any 
 
 and all claim or right against said mortgagee legal representatives 
 
 or assigns, to any payment or rebate on, or offset against, the interest 
 or principal of said mortgage debt, by reason of the payment of any of 
 the aforesaid taxes or assessments. 
 
 Third. The said mortgagor, .will also keep all buildings erected and 
 to be erected upon said lands insured against loss and damage by fire, 
 
 with insurers, and to an amount, approved by the mortgagee. ., 
 
 .as a further security to -said mortgage debt, and assign and deliver to the 
 mortgagee, .all insurance upon said property. 
 
 Fourth. If said mortgagor, .make, .default in the payment of any 
 of the aforesaid taxes or assessments, or in procuring and maintaining 
 insurance, as above covenanted, said mortgagee.., legal repre- 
 sentatives or assigns, may pay such taxes and efifect such insurance, and 
 the sums sd paid shall be a further lien on said premises under this 
 
 mortgage, payable forthwith, with interest at the rate of per cent 
 
 per annum. 
 
 Fifth. Should default be made in the payment of said principal, or 
 interest, or taxes, or insurance premiums, or any part thereof, when the 
 same are payable as above provided, and should the same, or any part 
 theteof, remain unpaid for the period of thirty days, then the aforesaid 
 principal sum, with all arrearages of interest, taxes and insurance pre- 
 miums, shall, at the option of said mortgagee.., legal represen- 
 tatives and assigns, become payable immediately thereafter, although the 
 period above limited for the payment thereof shall not then "have expired, 
 anything hereinbefore contained to the contrary thereof in anywise not- 
 withstanding. 
 
 Sixth. Said mortgagor, .shall pay to said mortgagee. ., legal 
 
 representatives and assigns, the sum of dollars, as a reasonable 
 
 Solicitor fee, in addition to all other legal costs, as often as any proceed- 
 ing is taken in equity to foreclose this Mortgage for default in any of its 
 ■covenants, which sum shall be an additional lien on said premises." 
 
 Seventh. All the aforesaid covenants shall run with the land. 
 
 Eighth. Upon default being made in any of the aforesaid covenants, 
 the said mortgagee. ., legal representatives and assigns, are here- 
 by authorized and empowered to grant, bargain and sell, release and 
 convey the said premises, property and appurtenances, at public vendue, 
 and to execute and deliver to the purchasers at such sale, good and suffi- 
 cient deedls of conre-eyance in law, pursuant to the statute in such case 
 made and provided, rendering any surplus moneys, after payment of tha 
 moneys due hereon, the Attorney fee provided by law, and the costs and 
 
 •charges of such vendue and sale, to the said mortgagor legal 
 
 representatives and assigns. 
 
 1. — See discussion as to Solicitor's fee, on page 123. 
 
Rouech's Manual. 127 
 
 In Witness Whereof, The said mortgagor, .ha hereunto set 
 
 liand-.and seal.. the day and year first above written. 
 Signed, Sealed and Delivered in presence of 
 (Two Witnesses.) 
 
 [L. S.] 
 
 (Add Acknowledgment.) 
 
 (1119.) 
 
 A similar form of Mortgage is used for mortgages by corporations, 
 it is printed without the words enclosed in parentheses ( ) in the above 
 form, so that the words "itself, its successors and assigns" can be in- 
 serted and the attesting clause is printed as follows: 
 
 "In Witness Whereof, The said mortgagor, .ha^. .. .the day and year 
 first above written." And at ' the following clause may be inserted: "Has 
 caused these presents to be signed by its President (or Chairman), and 
 its corporate seal to be hereunto affixed." 
 
 The form of Acknowledgment for a mortgage so made by a corpora- 
 tion is as follows: 
 
 Form No. 50. — Acknowledgment to Mortgage Made by a Cor- 
 poration. 
 
 ::} 
 
 STATE OF 
 
 COUNTY OF 
 
 On this day of A. D before me, appeared 
 
 to me personally known, who, being by me duly sworn, did say that 
 
 is the of and that the seal affixed to the foregoing in- 
 strument is the corporate seal of said and that said instrument 
 
 •was signed and sealed in behalf of said by authority of its board 
 
 of and that said acknowledged said instrument to be the 
 
 free act and deed of said 
 
 Notary Public, 
 . . .County 
 
 Many other forms of mortgages and deeds are published and 
 used, covering different forms of agreements between the parties, 
 but the essential parts of such instruments are here given, unless it 
 may be the warranty clause which some mortgages contain, and 
 which is often used, although the statute is supposed to cover 
 same. Below we give the form of such a clause : 
 
 Form No. 51. — Warranty Clause for Mortgage. 
 
 And the said party of the first part, his heirs, executors and admin- 
 
128 Rouech's Manual. 
 
 istrators, does covenant, grant, bargain and agree to and with the said 
 party of the second part, his 'heirs and assigns, that at the time of the 
 ensealing and delivery of these presents, he is well seized of said premises 
 in fee simple; that they are free from all encumbrances and charges what- 
 ever, and that he will, and his heirs, executors, admmistrators and as- 
 signs shall Forever Warrant and Defend the same against all lawful 
 claims vdiatsoever. 
 
 Form No. 52. — Assignment of Mortgage — Short. 
 
 Know all Men by these Presents, That :...part of the first 
 
 part, for and in consideration of the sum of dollars, lawful money 
 
 of the United States of America, to in hand paid by part. . . . 
 
 of the second part, the receipt whereof is hereby acknowledged, ha.... 
 sold, assigned, and transferred, and hereby do. .. .sell, assign and transfer 
 to the said part.... of the second part, all the right, title, and interest of 
 the said part. . . .of the first part in and to a certain real estate mortgage, 
 
 dated the day of A. D made by to 
 
 and recorded in the Register's o.ffice of the County of State of 
 
 Michigan, in Liber of Mortgages, on page. . . . 
 
 Signed, Sealed and Delivered the day of ''.. .A. D 
 
 In presence of I ' |-g^j -| 
 
 (Two Witnesses.) ) 
 
 (Add Acknowledgment.) 
 
 (273-) 
 
 Form No. ^3'.— Assignment of Mortgage — Long. 
 
 Know all Men by These Presents, That ("I" or "We"), of 
 
 the first part, for and in consideration of the sum of , lawful 
 
 money of the United States of America, to ("me" or "us") in hand paid 
 
 by of the second part, at or before the ensealing or delivery of 
 
 these presents, the receipt whereof is hereby acknowledged, have granted, 
 bargained, sold, assigned, transferred, and set over, and by these pres- 
 ents do grant, bargain, sell, transfer and set over unto the said part of 
 
 the second part, a certain indenture of mortgage, bearing date the 
 
 day of. ..... . .one thousand nine ihundred made by to 
 
 and recorded in the Register's Office of the County of State of 
 
 Michigan, in Liber of Mortgages, at page with all and sin- 
 gular the premises therein mentioned and described together with the 
 
 T'note" or "bond") or obligation therein also mentioned, and the 
 
 moneys now due, and the interest that may hereafter grow due thereon: 
 
 To Have and to Hold the same unto the said part of the second 
 
 part, heirs and assigns. Forever, sub.iect only to the proviso in 
 
' Rouech's Manual. 129 
 
 the said Indenture of Mortgage meTitioned. And ("I" or "we") do hereby 
 authorize and appoint the said part. . . .of the secord part ("my" or "our") 
 true and lawful attorney, irrevocable in ("my" or "our") name, or other- 
 wise, but at ("his," "her" or "their") proper costs and charges, to have, 
 use and take all lawful ways and means for the recovery of the sum or 
 sums of money now due and owing, or hereafter to become due and 
 owing, upon the said ("note" or "bond") and mortgage; and in case of 
 payment to give acquittance or other sufficient discharge, as fully as ("I" 
 or "we") might or could do if these presents were not made; and ('"I" 
 or "we") do hereby for ("myself, ray" or "ourselves, our") heirs, execu- 
 tors and administrators, covenant, promise and agiee to and with the 
 said part.... of the second part, that there is ("now" or "to become") 
 
 due upon the said ("note" or "bond") and mortgage rtie sum of 
 
 and that ("I" or "we") have good, right, and lawful authority to grant, 
 bargain and sell the sam.e in manner aforesaid. 
 
 Signed, Sealed and Delivered the. ...... .day of A. D 
 
 In presence of ) [L S] 
 
 (Two Witnesies.) \ 
 
 (Add Acknowledgment.) 
 
 (17.) 
 I.- — After the word "I" or "we" at I, insert the name or names of the 
 party or parties who execute the assignment. 
 
 Form No. 54. — Assignment of Mortgage by a Corporation. 
 
 Know all Men by these Presents, That of , a corpora- 
 tion, party of the first part, for and in consideration of the sum of 
 
 dollars, lawful money of the United States of America, to it paid by 
 .part. . of the second part, the receipt whereof is hereby acknowl- 
 edged, has sold, assigned, and transferred, and hereby does sell, assign 
 and transfer to the said part. . of the second part, all the right, title, and 
 interest of the said party of the first part in and to a certain real estate 
 
 n'.ortgage, dated the day of , A. D , made by 
 
 to and recorded in the Register's office of the County of 
 
 State of Michigan, in Liber of Mortgages, on page 
 
 In Witness Whereof, Said party of the first part has caused these 
 .presents to be signed by its (') and its corporate seal to be here- 
 unto affixed, (-)this day of A. D 
 
 • In presence of ) ^^ [g^l j 
 
 (Two witnesses.) ) 
 
 (Add Acknowledgment, Form No. 50.) 
 Note.-^If the corporation has no corporate seal strike out the words 
 between fhe figures (') and O in the last clause of the instrument and in. 
 the acknowledgment. 
 
 (1278.) 
 
 (9) 
 
130 Rouech's Manual.. ' 
 
 Form No. 55. — Discharge of Mortgage. 
 
 Know all Men by these Presents, That . . (I or we') . . of the of 
 
 and State of , Do Hereby Certify, That a Certain Inden- 
 ture of Mortgage bearing date the day of , one thousand 
 
 t:ine hundtedi , made and executed by of the first part, to 
 
 of the second part, and recorded in the Register's Ofifice for the 
 
 County of and State of Michigan, in Liter of Mortgages, 
 
 on page , on the day of , one thousand hun- 
 dred is fully paid, satisfied and discharged. 
 
 In Witness Whereof, ..(I or we), .hereunto set hand., and 
 
 seal. . the day of , one thoiisand nine hundred 
 
 Signed, Sealed and De- ) FL S ] 
 
 Jivered in Prenence of )' 
 
 (Two witnesses.) 
 
 (Add Acknowledgment.) 
 
 1: — After the word "I" or "We," at ^ insert the name or names of the 
 party or parties who execute the discharge. 
 
 (18.) 
 
 Form No. ^d.-r-Discharge of Mortgage by a Corporation. 
 
 Know all Men by these Presents, That a certain Indenture of Mort- 
 gage, bearing date the day of A. D , made and exe- 
 cuted by of the first part, to ^....of the second part, 
 
 and recorded in the Register's Ofifice for the County of and State 
 
 of Michigan, in Liber of Mortgages, on page.... on the 
 
 day of A. D , is fully paid, satisfied and discharged. 
 
 In Witness Whereof, Said., has caused these presents to 
 
 be signed by its * and its corporate seal to be hereunto affixed,' 
 
 this day of A. D 
 
 \ 
 
 In presence of I TL S 1 ' 
 
 (Two Witnesses.) ) 
 
 By...; 
 
 (Add Acknowledgment, Form No. 50.) 
 See note to Form S4- ' 
 
 (12T9.) 
 
Rouech's Manual. 131 
 
 ' Form No. 57. — Release of Part of Mortgaged Premises. 
 
 This Indenture, Made this day of in the year one thou- 
 sand nine hundred Between part of the first part, 
 
 ^nd part. .. .of the second part; 
 
 Whereas, by Indentiire of Mortgage, bearing date the 
 
 .day of one thousand hundred for the con- 
 sideration therein mentioned, and to secure the payment of the money 
 therein specified, did convey certain lands and tenements of which the 
 
 lands hereinafter described are part, unto , which said Mortgage 
 
 was recorded in the Register's Office, for the County of and State 
 
 of Michigan, in Liber of Mortgages, on page .... 
 
 And Whereas, the said part of the first part, at the request of the 
 
 said part.... of the second part, ha.... agreed to give up and surrender 
 the lands hereinafter described, unto the said part. .. .al the second part, 
 and to hold and retain the residue of the mortgaged lands as security 
 ^or fhe money remaining flue on said mortgage. 
 
 Now this Indenture Witnesseth, That the said part.... of the first 
 
 part, in pursuance of the said agreement, and in consideration of 
 
 dollars, to duly paid at the time of ensealing and delivery of these 
 
 presents, the receipt whereof is hereby acknowledged, ha. .. .granted, re- 
 leased, quit-claimed, and set over, and by these presents do.... grant, re- 
 lease, quit-claim and set over, unto the said part.... of the second part, 
 
 all that part of the said mortgaged lands situate and being in the 
 
 of County of and State of Michigan, known and described 
 
 as follows: 
 
 Together with the ihereditaments and appurtenances thereunto be- 
 longing, and all the right, title and interest of the said part.... of the 
 first part, of, in and to the same, to the intent that the lands hereby con- 
 veyed may be discharged from the said mortgage, and that the rest of 
 the lands in the said mortgage specified may remain to the said part... . 
 ■of the first part. 
 
 To Have and to Hold, the lands and premises hereby released and 
 
 conveyed, to the said part.... of the second part, heirs and 
 
 assigns, to their only proper use, benefit and behoof, forever, 
 
 free, clear, and discharged of and from all lien and claim, under and by 
 virtue of the Indenture of Mortgage aforesaid. 
 
 In Witness Whereof, the said part. ...of the first part, ha....here- 
 
 urjto set hand, .and seal, .the day of in the year one 
 
 -thousand nine hundred 
 
 Signed, Sealed and Delivered | IL S 1 
 
 in Presence of ) 
 
 (Two Witnesses.) 
 
 (Add Acknowledgment.) 
 
 (18S0.) ^• , 
 
132 Rouech's Manual. 
 
 Form No. 58.— Option for Purchase of Land. 
 
 This Con-tract, Made l^his day of A. D , by and 
 
 between part.... of the first part, and part.... of 
 
 the second part, 
 
 Witnesseth, That the said part... .of the first part, in consideration 
 
 of the sum of dollars to in hand paid by said part of 
 
 the second part, do. .hereby agree that. .. .shall and will at any time 
 
 within from the date hereof, at the written request of the said 
 
 part.... of the second part, execute and deliver to , or to any 
 
 person or persons as.... the said part.... of the second part shsiX direct 
 in writing, a good and sufficient Warranty Deed of the following de- 
 scribed land, situated in the County of State of Michigan, 
 
 to-wit: for the sum of dollars, payable as follows: 
 
 And the said; part.... of the first part do.. hereby further agree that 
 ^all and will not within from- the date hereof, sell, con- 
 vey, mortgage, or otherwise incumber the said land, or any part thereof, 
 or do, or permit to be done, any act or deed to diminish or encumber 
 the title to said land. 
 
 It is agreed by and between the parties hereto, that if the said part. . . 
 of the second part at the expiration of the aforesaid limited time shall 
 have declined or omitted to make application for the purchase of said 
 lai;d at the price aforesaid, then this instrument shall bp void, and the 
 above sum of dollars so paid as aforesaid shall be for- 
 feited by the said part. .. .of the second part, and the said part. .. .of the 
 first part shall have the riglit to retain the same, as and for liquidated' 
 
 damages, and the said part of the second part shall relinquish to said 
 
 part. . . .of the firs.t part all claim to the said land, either in law or equity, 
 and, also, all claim to the said sum of. ...... .dollars, so paid as afore- 
 said, and no claim of the said part of the second part under this Con- 
 tract shall then be effectual. 
 
 In Witness Whereof, the said parties have hereunto set their hands; 
 and seals the day and year first above written. 
 
 In presence of ) [Seal.] 
 
 (Two Witnesses.) \ [Seal.] 
 
 (Add Acknowledgment.) 
 
 The Michigan statutes provide that : 
 
 "Contracts for the sale of land or any interest therein, shall be- 
 executed in the presence of two witnesses, who shall subscribe their 
 names thereto as such, and the vendor named in such contract, and 
 executing the same may acknowledge the execution thereof before any- 
 
Rouech's Manual. 133 
 
 judge, or commissioner of a court of record, or before any notary public 
 •or justice of the peace within this State; and the officer taking such ac- 
 knowledgment shall endorse thereon a certificate of the acknowledgment 
 thereof, and the date of making the same under 'bis hand." Miller's C. 
 L., 9035- 
 
 "If any such contract be executed in any other State, district or ter- 
 ritory, the same shall be executed and acknowledged in the same man- 
 ner as provided for the execution of deeds in any other State, district or 
 territory." Miller's C. L., 9036. 
 
 "If any such contract be executed in any foreign country it may be 
 executed and acknowledged according to the provisions providing for 
 rthe execution of deeds in any foreign country." Miller's C. L., 9037. 
 
 LAND CONTRACTS. 
 We have considered it advisable to give the forms for the dif- 
 ferent parts and clauses of a land contract. In the first form we 
 give the contract for the sale and purchase of the land only, with- 
 out any further agreements or covenants, and follow this with 
 special clauses, which may be used as required. 
 
 Form No. 5p. — Land Contract. 
 
 Articles of Agreement, Made and concluded this day of 
 
 in the year nineteen hundred Between part. . . .of 
 
 the first part, and part.... of the second part, Witnesseth. 
 
 that the said part. . . .of the first part, at the request of the said part. . . . 
 •of the second part, and in consideration of the money to be paid, and 
 the covenants as herein expressed, to be performed by the said part. .. . 
 of the second part, Tiereby agree, .to sell and convey to the said part. .. . 
 
 of the second part, all the following described land, situated in the 
 
 of County of State of Michigan, to-wit: 
 
 And the said part.... of the second part, in consideration of the 
 premises, hereby agree, .to purchase said land, and to pay therefore, to 
 
 the said part of the first part, the sum of dollars, as follows, 
 
 viz.: dollars, on the execution and delivery of this Agreement, 
 
 and with interest at the rate of. ...per cent per annum, to be 
 
 paid annually on the whole sum from time to time remaining un- 
 paid. 
 
 In Witness Whereof, the parties hereto have hereunto set their 
 Tiands and seals the day and year first above written. 
 
 Signed, Sealed and Delivered ) ro ' . 1 
 
 ' f [Seal.] 
 
 in presence 01 ) 
 
 (Two Witnesses.) 
 
 (Add Acknowledgment.) 
 
134 Rouech's Manual. 
 
 Form No. 60. — Clause Providing for Possession of Premises^ 
 
 Under a Land Contract. 
 
 It IS also Agreed, by and between the parties hereto that said part. .. 
 of the second part shall have possession of said premises on and after 
 
 while. .... .1 .shall not be in default on part, in keeping 
 
 and fulfilling the terms of this Contract, taking and holding such pos- 
 session hereunder; 
 
 Form No. 61. — Covenant to Keep Premises in Repair. 
 
 That said part... \. of the second part shall keep said premises in as- 
 good condition as they are at the date hereof, from the .until the 
 
 said consideration money shall be fully paid as aforesaid; 
 
 1 
 
 Form No. 62. — Covenant Not to Remove Improvements or 
 
 Fixtures. 
 
 And, also, that said part.... of the second part shall not, during the 
 existence of this Contract, remove from the said land any buildings, im- 
 provements or fixtures, which may now be, or which may hereafter be 
 put thereon. 
 
 ' Form No. 63. — Covenant for Payment of Taxes on Land. 
 
 The said part of the second part hereby also covenant, .and 
 
 agree, .to pay all taxes and assessments, extraordinary as well as ordin- 
 ary, that shall be taxed or assessed on said premises from the date hereof 
 until said sum of dollars shall be fully paid as aforesaid. 
 
 Form No. 64. — Covenant for Payment of Taxes on Land and Con- 
 tract Interest. 
 
 It is agreed by the parties hereto, that the said part.-.'.. of the sec- 
 ond part shall, during the life of this Contract, pay and discharge, with- 
 in the time prescribed by law, all such taxes and assessments (extraordin- 
 ary as well as ordinary) as shall by any lawful authority be imposed upon 
 the premises above described, and, particularly, all taxes which shall be 
 assessed upon this Contract, or upon the contract interest of said part. . . 
 of the first part in and to said premises, by virtue of this Contract, in- 
 cluding the taxes for the year ; and that the payment by said 
 
 part.... of the second part of such taxes on this Contract, or the con- 
 tract interest of said part of the first part, shall not, in any case, be 
 
 considered and treated as a payment on either the interest or the prin- 
 cipal of this contract. 
 
Rouech's Manual. 135 
 
 Form No. 65. — Covenant Providing for Payment of Taxes by 
 Vendor in Case of Default of Vendee. 
 
 It is agreed by the parties hereto that in default of the payment of 
 ■any or all of said a'bov€-mentioned taxes ' and assessments, by said 
 part.... of the second part, within the time prescribed by law, it shall be 
 lawful for said part of the first part to pay any or all of said above- 
 mentioned taxes and assessments, and the moneys thus paid by said 
 part of the first part may be added to the amount due on this Con- 
 tract, payable forthwith with interest at the rate of per cent per 
 
 annum, and shall be treated as a part of the money payable unoer this 
 Contract. 
 
 In case the covenant for payment of taxes, and the covenant for ob-- 
 taining insurance are both used in a contract. Form No. 6s can be 
 changed so as to provide for the payment of same by the vendor in 
 case of default by the vendee, simply by adding the words "and insur- 
 ance'' after the word "assessments." 
 
 Form No. 66. — Covenant for Obtaining Insurance. 
 
 And it is also Agreed, by and between the parties hereto, that the 
 said part. ...of the second part shall and will cause the buildings, erected 
 and to be erected, upon said land, to be insured and kept insured against 
 Ic'SS and damage by fire, at the expense of said part. ...of the second 
 part, by insurers, and in manner and amount approved by said part. . . . 
 of the first part, and shall and will either assign the policy and certifi- 
 cates of insurance to said part.... of the first part, or cause the same 
 to be made payable, in case of loss, to the said part.... of the first part 
 
 as interest may appear, and that in case of the failure or neglect 
 
 of said part of the second part to cause such buildings to be so in- 
 sured and kept insured, said part of the first part shall have the right. 
 
 to insure such buildings and keep the same insured, and in that event, the 
 
 expense of such insurance shall be chargeable against the said part of 
 
 the second, part on this Contract. 
 
 Form No. 6^. — Covenant for a Deed. 
 
 It is Agreed, by the parties 'hereto, that the said part. .. .of the first 
 part, on receiving payment in full of the said principal and interest at the 
 times and in the manner above-mentioned, and of all other sums charge- 
 able in favor liereon, shall and will, at own proper cost 
 
 and expense, execute and deliver to the said part.... of the second part, 
 
 a good and sufficient Deed of said above-described land, free and 
 
 clear of and from all liens and incumbrances, except such as may have 
 accrued on said land subsequent to the date hereof, by or through the 
 arts or negligence of said part. . . .of the second part. 
 
136 Rouech's Manual. 
 
 Form No. 68. — Covenant for a Deed. 
 
 The said part of the first part hereby covenant, .and agree, .that, 
 
 upon the faithful performance by said part. .. .of the second part, of the" 
 
 covenants and agreements herein contained on part to be kept 
 
 and performed, and upon the payment in full, by said part. ...of the - 
 second part, of the principal and interest at the times and in the manner 
 hereinbefore specified, the said part.... of the first part shall and will 
 without delay, at own proper cost and expense, execute and de- 
 liver, to said part.... of the second part, a good and sufficient convey- 
 ance in fee simple, of said above described land, free and clear from all 
 liens and incumbrances, except such as may have accrued thereon sub- 
 sequent to the date hereof, by or through the acts or negligence of said ' 
 part. . . .of (he second part. 
 
 Form No. dp. — Default Clause. 
 
 It is also Agreed, by and between the parties hereto, that if default 
 shall be made by said part. . . .of the second part in any of the payments 
 of principal or interest, at the time, or any pf the times hereinbefore spe- 
 cified for the payment thereof, and should the same remain unpaid and 
 
 in arrears for days thereafter, or in case the said part.... of the 
 
 second part shall fail to keep and perform this Contract in any other 
 
 respect, wherein the same is required by and ori part to be kept 
 
 and performed, in any such case the sa^d part of the first part shall 
 
 have the right immediately after such failure to declare this Contract 
 void and at an end, and all payments which shall then have been made 
 hereon or in pursuance hereof, shall be absolutely and forever forfeited 
 to said part. . . .of the first part, as stipulated damages, and the said land, 
 with the buildings and improvements thereon, shall revert to said part. .. . 
 of the first part, and said part. . . .of the first part may consider and treat 
 
 said part.... of the second part, as tenant, .holding over without 
 
 .permission, and may take immediate possession of said premises and re- 
 move said part.... of the second part therefrom, or, at the election of 
 said part. .. .of the first part the covenants herein contained, on the part 
 of said part.... of the second ;>art to be kept and performed, and the 
 
 liability of said part of the second part, under this Contrlct, shall 
 
 continue and remain obligatory upon and may be enforced, and 
 
 the said consideration money and every part thereof, with tha interest 
 (and any unpaid taxes and insurance premiums) as hereinbefore speci- 
 fied, may be collected by said part.... of the first part by proper pro- 
 ceedings in law or equity, from said part. . . .of the second part, and con- 
 veyance of said premises be made as aforesaid. 
 
Rouech's Manual. 137 
 
 Form No. 70. — Time, Essence of the Contract. 
 
 And it is Hereby Expressly Understood and Agreed, by and between 
 "the parties hereto that time is, and shall be deemed and taken, as the very 
 essence of this Contract. 
 
 Form No. 71. — Covenant Binding Heirs, Executors, Etc. 
 
 It is Hereby Agreed, by and between the parties hereto, that the 
 •covenants and agreements herein contained, are to apply to and bind the 
 heirs, executors, administrators, and assigns of the respective parties 
 hereto. 
 
 Form No. /2. — Covenant Against Assignment, Etc., of Contract 
 
 Interest. 
 
 It is Further Mutually Covenanted and Agreed, by and between the 
 paities hereto, that said part. . . .of the second part shall not sell, assign or 
 
 transfer this Contract, nor right, title and interest in and to the 
 
 same, to any other person or persons whomsoever, without the written 
 consent thereto of said part. .. .of the first part having been first obtained 
 ard endorsed hereon. 
 
 form No. 75 is a clause used in a contract for a farm, and- 
 
 ■covers the matter set forth in Forms 60, dp, jo, above given. 
 
 It is' Mutually Covenanted and Agreed, by and between the parties 
 hereto, that the said part.... of the second part may immediately enter 
 on the said land, and remain thereon and cultivate the same as long as 
 shall fulfill and perform all the agreements hereinibefore men- 
 tioned on part to be fulfilled and performed, but if shall, 
 
 .at any time hereafter, violate or neglect to fulfill any of said agreements 
 
 sihall forfeit all right or claim under this contract, and be liable 
 
 to said part... .of the first part for damages, and shall also be liatle to 
 be removed from the said land in the same manner as is provided by law 
 for the removal of a tenant that holds over after the expiration of the 
 time specified in his lease. And it shall be lawful for the said part. . . .of 
 the first part, at any time after the violation or non-fulfillment of any of 
 
 the said agreements on the part of the said part of the second part, 
 
 to sell and convey the said land, or any part thereof, to any other person 
 whomsoever; and the said part.... of the first part shall not beliable in 
 
 .any way, nor to any person, to refund any part of the money which 
 
 may have received on this Contract, nor for any damages on account 
 -of such sale. And it is hereby expressly understood and declared, that 
 time is and shall be deemed and taken as of the very essence of this 
 Contract, and that unless the same shall, in all respects, be complied 
 
138 Rouech's Manual. 
 
 with by the said part of the second part at the respective times, and! 
 
 in the manner above limited and declared, that the said part....pf the 
 second part shall lose and be diebarred from all rights, remedies or ac- 
 tions, either in law or equity upon or under this Contract. 
 
 Form No. ^4. — Covenant Not to Destroy Timber on the Premises^ 
 
 And shall not cut or dis'pose of the timber standing and growjng oil 
 
 said land, except for buildings which said part of the second part 
 
 may erect on said premises, for firewood, or otherwise for own 
 
 use, and while clearing off the land for cultivation in the ordinary man- 
 ner, it being the intention of the parties hereto, in the restrictions above- 
 mentioned, that said part. . . .of the second part shall not impair the value 
 of said land. 
 
 Form No. 75. — Covenant for a Deed, With Mortgage Back to- 
 
 Vendor, Upon Payment of a Specified Amount 
 
 Upon the Contract. 
 
 It is agreed by the parties hereto, that the said part of-the first 
 
 part, on receiving payment in full of the said first install- 
 ments of principal (amounting in all to 
 
 dollars), and the interest thereon, at the- 
 
 times and in the manner above mentioned, and of all other sums charge- 
 able in...h favor hereon, at the time of such payment, shall and 
 
 will, at. . .h own proper cost and expense, execute and deliver to 
 
 the said part. ... of the second part, a good and sufficient. 
 
 Deed of said above described land, free and clear of and from- 
 
 all liens and incumbrances, except such as may have accrued on said 
 land subsequent to the date hereof, by or through the acts 'or negligence 
 of said part. . . .of the second part- 
 
 And it is Furtjher Agreed by the parties hereto that upon, and at the 
 time of, the execution and delivery of such Deed for said land as above 
 provided for, the said part. .. .of the second part shall, for the balance of 
 the' purchase price for said land, execute and deliver to said part.... of 
 the first pait promissory notes, as follows: One promis- 
 sory note for the sum of .' dollars, 
 
 to fall due A. D each of said promissory 
 
 notes to bear interest at the rate of per cent, per annum, pay- 
 able annually, and which said notes are to be secured by a 
 
 good and sufficient Mortgage wliich is to cover said above described 
 land, and which is to be executed and delivered by said part.... of the 
 
 second part to said part of the first part at the same time as said 
 
 promissory notes. 
 
 If any particular form of mortgage is to be given, or any spe- 
 
Rouech's Manual. 139 
 
 cial clauses are to 'be contained in the mortgage, the same should 
 be set forth in the contract, immediately following the above 
 clause ; or a copy of the mortgage to be given might accompany 
 the contract. 
 
LEASES. 
 
 A lease is a species of contract for the possession and profits 
 of lands and tenements, either for life or for a certain period of 
 time, or during the pleasure of the parties. A conveyance by way 
 of demise, always for a less term than the party conveying has in 
 the premises. 
 
 The Michigan statute provides as follows, viz : 
 
 "No estate or interest in lands, other than leases for a term 
 not exceeding one year, nor any trust or power over or^ concern- 
 ing lands, or in any manner relating thereto, shall hereafter be 
 created, granted, assigned, surrendered or declared, unless by act 
 or operation of law, or by a deed or conveyance in writing, sub- 
 scribed by the party creating, granting, assigning, surrendering 
 or declaring the same, or by some person thereunto by him law-, 
 fully authorized by writing." 
 
 From this it will be seen that it is not necessary to have a writ- 
 ten lease or property for less than a year. 
 
 As to the use of a seal upon leases and other instruments, the 
 legislation dealing with the question of seals has taken three forms. 
 The first is where the use of private seals is absolutely abolished ; 
 the second is where all distinction between sealed and unsealed 
 instruments is done away with ; the third is .where a seal is made 
 only presumptive evidence of consideration, which may be re- 
 butted as if the instrument were not sealed. The following states 
 have legislation of the first sort: Ohio, Indiana, Iowa, Kansas, 
 Nebraska, Tennessee, Texas, North and South Dakota, Montana, 
 and Mississippi ; two obtains in Kentucky, Tennessee, Texas, Cali- 
 fornia, Oregon, and Mississippi ; and three in New York, New 
 Jersey, Michigan, Wisconsin, Oregon, and Alabama. 
 
 It will thus be seen that some states have enacted more than 
 one form of legislation upon this subject ; there is a further form 
 of legislation in some states, which enacts that all contracts in 
 
Rouech's Manual. 141 
 
 writing import a consideration. The .following are these states : 
 Iowa, Kansas, Tennessee, Missouri, Texas, California, Dakota,. 
 Alabama, and Florida. 
 
 Although there are these different forms of legislation upon 
 the subject, their effect is substantially the same. Parties may stilL 
 bind themselves to the performance of a duty, and if such was- 
 their intention no consideration for the promise is necessary. The 
 statutes merely make it necessary for the courts to gather the in- 
 tention of the parties entirely from the instrument. They substi- 
 tute the intention of the parties for the form of the instrument. A 
 seal to a lease, while it may not be necessary, can do no harm. 
 
 A seal is of no practical importance except where the statutes 
 require it : Barton vs. Gray, 57 M., 623 ; the omission of a seal 
 does not in any manner affect the instrument or change its nature 
 in any respect: McKinney vs. Miller, 19 M.,'151 ; the absence of a 
 seal does not invalidate the instrument: Fowler vs. Hyland, 48 
 M., 179; Lockwood vs. Bassett, 49 M., 549; the absence of a seal 
 may, however, be a circumstance tending to show the instrument 
 never was such a one as it is claimed to be : Spicer vs. Bonker,. 
 45 M., 635. 
 
 In England, by statute, all leases that are required to be in 
 writing, must also be under seal. In Massachusetts and Mary- 
 land, leases for more than seven years must be by a deed, and in 
 other states similar provisions are made where the leases are 
 for one or more years. 
 
 Form No. 7(5. — Lease — Short. 
 
 It is Hereby Agreed, Between part of the first part, and 
 
 part of the second part, as follows: The said part of the 
 
 first part, in considreation of the rents and covenants herein specified, 
 
 do hereby let and lease to the said part of the second part, the 
 
 following <iescribed premises, situated and being in the of 
 
 County of and State of Michigan, to-wit: for the term 
 
 of from and after the day of .A. D on the 
 
 terms and conditions hereinafter mentioned, to be occupied for 
 
 Provided, That in case any rent shall be due and unpaid, or if de- 
 fault shall be made in any of the covenants herein contained, then it shall 
 
14^ Rouech's Manual. 
 
 be lawful for the said part. . . .of the first part certain attorneys, 
 
 heirs,' representatives and assigns, to re-enter into, re-possess the said 
 premises, and the said part.... of the second part, and each and every 
 other occupant, to remove and put out. 
 
 And the said part.... of the second part do.... hereby hire the said 
 premises for the term of as above mentioned, and do. ...cove- 
 nant and promise to pay to the said part.... of the first part,. .. .rep re - 
 .sentatives and assigns, for rent of said premises for said term the sum of 
 Dollars, as follows : 
 
 Said part. .. .of the second part further covenant that will 
 
 not assign nor transfer this lease, or su'b-let said premises, or any part 
 thereof, without the written assent- of said part.... of the first part. 
 
 And Also, That said part. . . .of the second part will at own 
 
 •expense, during the continuance of this lease, keep the said premises and 
 every part thereof in as good repair, and' at the expiration of the term 
 j-itld and deliver up the same in like condition as when taken, reasonable 
 use and wear thereof and damage by the elements excepted. 
 
 And the said part of the first part do covenant that the said 
 
 pfirt. .. .of the second part, on paying the aforesaid installments andl per- 
 forming all the covenants aforesaid, shall and may peacefully and quietly 
 liave, hold and enjoy the said demised premises for the term aforesaid. 
 
 The covenants, conditions and agreements made and entered into by 
 the several parties hereto are declared binding on their respective liieirsi 
 representatives and assigns. 
 
 Witness our hands and seals this day of i . . . . 
 
 Signed, Sealed and Delivered | [L S ] 
 
 in Presence of f ' PL S 1 
 
 Form No. 77. — Lease — With Chattel Mortgage Security. 
 
 It is Hereby Agreed, Between part. . . .of the first part, and 
 
 part.... of the second part, as follows: The said part.... of 
 
 the first part, for and in consideration of the rents and covenants herein 
 specified, do.... hereby let and lease to the said part.... of the second 
 
 part the following described premises, situate and being in the 
 
 of , in the County of , and State of Michigan , 
 
 for the term of from and after the day of A. D. 
 
 on the terms and conditions hereinafter mentioned, to be occupied 
 
 for 
 
 Provided, That in case any rent shall be due and unpaid, or if default 
 shall be made in any of the covenants herein contained, then it shall be 
 
 lawful for the said part of the first part, or certain Attorney, 
 
 to re-enter fnto and re-possess the said premises, and the said part. .-. .of 
 the second part, and each arid every other' occupant to remove and put out. 
 
Rouech's Manual. 143 
 
 And the said part.... of the second part do.... hereby hire 
 
 ihe said premises for the term of as above mentioned, and do. . . . 
 
 -covenant and promise to pay to the Isaid part.... of the first part the 
 annual rent of dollars, in installments, to-wit: 
 
 The first installment to be paid on the 
 
 And Also, That. . . .he. . . .the said part. . . .of the second part will, at 
 
 own expense, during the continuance of this Lease, keep the* 
 
 said premises and every part thereof in as good repair, and will not re- 
 lease or assign this Lease, or sub-let said premises, or any portion thereof, 
 to any person or persons whomsoever, without the written consent of the 
 part. ...of the first part, and, at the expiration of the term, yield and 
 ■deliver up the same in like condition as when taken, reasonable use and 
 -wsslT thereof and damages by the elements excepted. 
 
 And the said part. ... of the second part do. . . . hereby covenant and 
 agree that all goods, wares and merchandise, household furniture, fixtures 
 or other property which are or shall be placed in or on said premises by 
 
 shall be liable, and this Lease shall hereby constitute a lien 
 
 or mortgage on said property, to secure the rent due or to grow due on 
 this Lease. And do. . . . hereby authorize and empower the said part. . . . 
 •of the first part to, and the said part. ... of the first part may, in case 
 any default is made in the payment of the rent above specified, or any of 
 the covenants herein contained are broken, enter upon said premises, or 
 take any of said mortgaged property wherever the same may be found, and 
 sell and dispose of the same in the same manner as in the case of chattel 
 mortgage on default thereof, giving six days' notice of the time and place 
 
 of such sale, said notice to be posted in public places in said 
 
 of , for the best price he can obtain for the 
 
 same and retain sufficient money to pay any rent due hereon, or to grow 
 due hereon, together with the costs of such sale; and the said part.... 
 of the second part hereby waive. . all benefit of any exemption law of 
 this State in reference to the sale of said personal property for rent. 
 
 And the said part of the first part do covenant that the said 
 
 part of the second part, on paying the aforesaid installments, and per- 
 forming all the covenants aforesaid, shall and may peaceably and quietly 
 have, hold and enjoy the said demised premises for the term aforesaid. 
 
 Witness our hands and seals this day of A. D 
 
 • [L. S.] 
 
 [L. S.] 
 
 ■■•• [L. S.] 
 
 Form No. 78. — Lease of Farin-on-Shares. 
 
 This Instrument, m.ade" this day of A. D bv 
 
 and between , of the first part, and ot th» second part, 
 
144 Rouech's Manual. 
 
 witnesseth, that the said part. .. .of the iirst part, for and in consiaeration 
 of the covenants and agreements herein specified on the part of said sec- 
 ond part to be done and performed do hereby LET and LEASE to- 
 said part. . . .of the second part th. . . .certain piece, .or parceL . of land, 
 
 situate and being in the of County of and State 
 
 of Michigan, known and described as follows, to-wit: , saving 
 
 and reserving , for the term of commencing on the 
 
 day of A. D , and ending on the day of 
 
 A. D 
 
 And, for and in consideration of the aforesaid term of rent of said 
 premises, the said part... .of the second part do. . . .hereby hire the said 
 premises for the term aforesaid, and do. .. .covenant and agree, to deliver 
 to the said part.... of the first part, heirs, executors, adminis- 
 trators or assigns of all Hay, Grain, Fruits and Produce raised, 
 
 of all Butter made, and of all Poultry and its products 
 
 kept and raised, on said lands. All of the share of said first part.... to 
 be delivered in market in good merchantable condition, as said first part. . . . 
 may direct. Such delivery, however, not to be made.at a time or in a manner 
 to greatly injure said second part.... in planting, seeding and harvesting; 
 said second part.... to pay all charges for labor in raising, harvesting 
 and threshing all crops raised upon the lands, and to furnish all teams 
 and tools for operating the farm, draw out all manure except in the 
 
 spring of the year in which this lease terminates; and to pay of 
 
 the threshing iriachine bill ; a of the expense of shearing all Uie 
 
 sheep on the farm to furnish of all seed necessary to be sown on 
 
 said land. 
 
 It is mutually agreed that all animals (save the work team) Horses, 
 Cattle, Hogs, Sheep, Turkies, Ducks, Chicken;:, with its (or their) in- 
 crease, shall be owned jointly by the part. . . .hereto: same to be fed upon 
 the undivided crops raised upon said lands; the proceeds from the sale 
 of said animals to be divided between the parties hereto, share and share 
 alike, and all coarse feed and coarse grain to be fed out or used upon 
 the farm; said work teams of tlie second part. . . .shall be pastured and fed 
 upon the undivided hay and grain raised upon the farm. 
 
 And, as a further consideration of the aforesaid term of rent of the 
 said premises, the said part. .. .of the second part do. .. .hereby covenant 
 and agree to pay all road taxes that may be imposed on the whole or any 
 part of the said premises and deliver to the said part. . . .of the first part, 
 
 heirs, executors, administrators or assigns, on the last day of 
 
 each year, the proper and necessary receipts for all road taxes -that 
 
 he may hav€ paid during such ^ear; and at all times to keep the 
 
 buildings and fences and gates on said premises in good order and repair, 
 
 and that he will not sub-let the said premises or any 
 
 portion thereof, nor assign nor transfer this lease to any person whom- 
 
Rouech's Manual. i45 
 
 scever, without the written consent of the said part of the first part, 
 
 heirs, executors, administrators or assigns, endorsed hereon. 
 
 The said part of the first part give the said part of the 
 
 second part permission to cut, from trees to be selected by the part 
 
 of the first part, the firewood necessary to be consumed on the said prem- 
 ises which must always be cleanly cut, heaping and burning the brush. 
 
 And at the expiration of the said term of rent, the said part of 
 
 the second part do covenant and agree to surrender and give up the 
 
 said premises, together with th.e buildings and fences in good 
 
 order and repair, reasonable use, wear and tear and damages by the ele- 
 ments excepted, to the said part. . . .of the first part heirs, exec- 
 utors, administrators or assigns. And should the said part.... of the 
 second part fail in any of the foregoing covenants, conditions and obliga- 
 tions on part to be fulfilled, kept and performed, then this lease 
 
 will become null and void, and the said part. . . .of the first part 
 
 heirs, executors, administrators or assigns, may peaceably re-enter and 
 take possession of the premises and property hereby rented, without any 
 formal proceedings either at law or in equity, and the said part. . . .of the 
 second part hereby agree. .. .to pay to the said part. .. .of the first part, 
 
 heirs, executors, administrators or assigns, all damage and loss, 
 
 which they or any of them may suffer, by reason of any failure 
 
 on -the part of the part.... of the second part to faithfully carry out, 
 observe and perform all the terms, covenants and conditions hereinbefore 
 set forth. 
 
 In witness whereof, the parties to this instrument have hereunto set 
 their hands and seals the day and year first above written. 
 
 Signed, sealed and delivered in 
 presence of 
 
 Form No. /p. — Security for Payment of Rent. 
 
 In consideration of the letting of the premises in the foregoing in- 
 strument described, and for the sum of one dollar, to paid 
 
 do hereby become surety for the punctual payment of the rent and per- 
 formance of the covenants in said instrument mentioned, to be paid and 
 
 performed by the second part therein named; and if any default shall 
 
 at any time be made therein do hereby promise and agree to 
 
 pay unto the part of the first part named in said instrument, the said 
 
 rent and arrears thereof that may be due, and fully satisfy Hhe condition 
 of said instrument, all damages that may occur by reason of the non- 
 fulfillment thereof, without requiring notice or proof of the demand being 
 made. 
 
 Witness hand and seal this day of i... 
 
 (10) 
 
146 Rouech's Manual. 
 
 Form No. 80. — Lease From Month to Month. 
 
 hereby rents of from month to month, from the 
 
 day of A- D the following described prem- 
 ises, viz. : 
 
 It is further agreed that the rent of said premises shall be at the rate 
 
 of dollars per month, and payable monthly in advance at , 
 
 and also that the said will at own expense, during the 
 
 continuance of this lease, keep the said premises in as good repair and 
 at the expiration of the term, yield and deliver up the same in like con- 
 dition, as when taken, reasonable use and wear thereof and damage by 
 
 the elements excepted, and that will not re-lease or assign or 
 
 sublet said premises, or any portion thereof, to any person without the 
 written consent of said or agent. 
 
 This lease to be terminated at the option of either party at the end of 
 anj' month. 
 
 Where a building or store is leased, a clause is often inserted, 
 providing that in case of fire the lessor shall be released from the 
 terms 'of the lease. The following is a form for such a clause: 
 
 Form No. 81. — Fire Clause. 
 
 And also said part. . . .of the first part covenant with the said 
 
 part.... of the second part that in case the said premises are made un- 
 tenantable by reason of fire, without any fault on the part of said second 
 part. . . .then said part. . . .of the second part shall be released from (pay- 
 ing further rent until said premises are placed in a tenantable condition) 
 or (the terms of said lease, and said lease shall cease and be null and 
 void). 
 
BONDS. 
 Form No. 82. — Bond — General. 
 
 Know all men by these presents, That held and firmly bound 
 
 TAnto in the sum of lawful money of the United States 
 
 of America, to be paid to the said or to certain attorney, 
 
 heirs, executors, administrators or assigns to which payment 
 
 well and truly to be made bind heirs, executors and ad-. 
 
 minisitrators or assigns to which payment well and truly to be 
 
 niade bind heirs, executors and administrators, and each 
 
 and every of them, firmly by these presents. 
 
 Sealed with Seal — dated the day of A. D 
 
 The Condition of this Obligation is Such, That then this 
 
 ■obligation is to be void, otherwise to remain in full force. 
 
 Signed, Sealed and Delivered J [L. S.] 
 
 in Presence of \. FT «; 1 
 
 [L. S.] 
 
 STATE OF MICHIGAN, I ^^ 
 ■County of ) 
 
 and of the of in said County of the sure- 
 ties named in and who signed the within and foregoing Bond, being duly 
 sworn, each for himself, deposes and says fliat he is worth in unincum- 
 "bered property, not exempt from execution under the laws of this State, 
 
 the sum of dollars, after payment of all just debts, claims and 
 
 liabilities. 
 
 Subscribed and sworn to before 
 -me, this day of A. D 
 
PROXY. 
 
 ■ ' (20.) 
 
 Form No. 83. — Proxy. 
 
 Know all Men by these Presents, That I do hereby cons.titute- 
 
 and appoint Attorney and Agent for me, and in my name, place- 
 
 aiid stead, to vote as my proxy, at a meeting of the stockholders of the- 
 
 ........to be holden at the business ofilice of said Company om 
 
 the day of A. D , or at any adjom-nment or adjourn- 
 
 mtnts thereof, according to the number of votes I should be entitled to 
 vote if personally present, with power of substitution. 
 
 In Witness Whereof, I have hereunto set my hand and seal, this.. 
 day oi,.i A. D.* 
 
 Sealed and Delivered in presence of ) FL S V 
 
 (323-) 
 
CERTIFICATES OF ACKNOWLEDGMENTS AND PROOFS 
 OF DEEDS FOR THE VARIOUS STATES: 
 
 ALABAMA. 
 
 AOKN'OWX.EDG'MBIVT. 
 
 [• ss. 
 
 STATE OF ALABAMA, 
 County of 
 
 I, M. N. (stating also title of officer). Hereby Certify, that A. B., 
 whose name is signed to the foregoing conveyance (or other instrument), 
 and who is known to me, acknowledged before me, on this day,- that, be- 
 ing informed of the contents of the conveyance, he executed the same 
 voluntarily on the day the same bears date. 
 
 Given under my hand, this day of , one thousand nine 
 
 hundred and 
 
 (Signature and title.) 
 
 PHiOOF WY SUBSORTBIN'G -wnTWESS. 
 
 ■STATE OF ALABAMA, 
 
 } 
 
 ss. 
 County of. 
 
 I, M. N. (stating also title of officer). Hereby Certify, that O. P., a 
 subscribing witness to the foregoing conveyance (or other instrument), 
 known to me, appeared before me this day, and, being duly sworn, 
 rstated that A. B., the grantor in the foregoing conveyance (or, the per- 
 son described in, and who executed the foregoing instrument), volun- 
 tarily executed the same in his presence, and in the presence of Q. R., 
 the other subscribing witness thereto, on the day the same bears date; 
 that he attested the same in the presence of the grantor and of said other 
 witness and that such other witness subscribed his name as a witness in 
 his presence. 
 
 Given under my hand, this day of , one thousand nine 
 
 Tiundlred and 
 
 (Signature and title.) 
 
 SESPIARATH A'CKJNOWlJBD'CWtfBNfr BY ■WTFIB IN CONVBrrAJfOB OF 
 HaMBSTBAD PROPEatTY. 
 
 ^•} SS. 
 
 STATE OF ALABAMA, 
 
 County of 
 
 I, M. N., judge of (or other officer, as the case may be), do 
 
 "hereby certify, that on the day of 19. . . ., came before me, 
 
 the within-named C. B., known to me (or made known to me) to be the 
 wife of the within-named A. B., who being examined separate and apart 
 
I JO Rouech's Manual. 
 
 from the husband, touching her signature to the within acknowl- 
 edged that she signed the same of her own free will and accord, and 
 without fear, constraints, or threats on the part of the husband. 
 
 In Witness Whereof,.! hereto set my hand, this day of 
 
 19.... 
 
 (Signature and title.') 
 
 ARIZONA. • 
 
 AOKN«WIiE«>GMBKT. 
 
 TERRITORY OF ARIZONA, ) 
 
 County of 
 
 Before me, A. B. (name and official title), on this day personally 
 appeared C. D., known to me (or, proved to me on the oath of E. F.),. 
 to be the person whose name is subscribed to the foregoing instrument, 
 and acknowledged to me that he executed the same, for the purpose and! 
 consideration therein expressed. 
 
 Given under my hand and seal of office, this day of - 
 
 A. D 
 
 (Seal.) A. B., 
 
 (Official Title.) 
 
 AOKN0lAViL<EII>G(MEiNfr BiY MA^IUIIX^ID WOMAN IN OONViEJYING HOME;- 
 I STEJAiD PROPERTY. 
 
 TERRITORY OF ARIZONA, ) ^^ 
 County of ) 
 
 Before me (here insert the name and character of the officer), on this; 
 
 day personally appeared wife of known to me (or, proved 
 
 to me on the oath of ), to be the person whose name is sub- 
 scribed to the foregoing instrument, and having been examined by me 
 privily and apart from her husband, and having the same fully explained 
 
 to her, she, the said.,, acknowledged such instrument to be her act 
 
 and deed, and declared that she had willingly signed the name for the 
 purpose and consideration therein expressed, and that she did not wish, 
 to retract it. 
 
 Given under my hand and seal of office, this day of 
 
 A. D 
 
 (Official Title.) 
 
Rouech's Manual. 151 
 
 PRaOP BY SUB.SCatiBIN'G WITNESS. 
 
 TERRITORY OF ARIZONA, ) ^^ 
 County of ) 
 
 Before me, G. H. (name and official title), on this day personally ap- 
 peared I. J., known to me (or, proved to me on the oath of K. L.), to be 
 the person whose name is subscribed as a witness to the foregoing in- 
 strument, in writing, and after being duly sworn by me, stated on oath, 
 that he saw M. N., the grantor, or person who executed the foregoing 
 instrument, subscribe the same (or, that M. N., the grantor or person who 
 executed such instrument in writing, acknowledged in his presence that 
 he had eixecuted the same for the purposes and consideration therein ex- 
 pressed), and that he signed the same as a witness at the request of the 
 grantor (or, person who executed the same). 
 
 Given under my hand and seal of office, this day of 
 
 A. D 
 
 G. H., 
 (Official Title.) 
 ■ ARKANSAS. 
 
 ACK:NOWX.EIDGtMENT. 
 
 '•l ss. 
 
 STATE OF ARKANSAS, 
 County of 
 
 On this day of in the year of our Lord one thousand 
 
 nine hundred and before me, M. N., an acting and duly commis- 
 sioned justice of the peaice, within and for the county of. in the 
 
 State of Arkansas, appeared in person A. B.,* -to me personally well 
 known as the person whose name appears upon the within and foregoing 
 deed of conveyance, -|- as the party grantor and stated that he had exe- 
 cuted the same for the consideration and purposes therein mentioned and 
 set forth, and I do hereby so certify. 
 
 In Testimony Whereof, I have hereunto set my hand, as such justice 
 
 of the peace, at the County of on the day of. 19. .. . 
 
 (Signature) 
 
 J. P. 
 
 PROOF BY SXJIBSiORIlBIlVO "WITNiBSS. 
 
 STATE OF ARKANS.-VS, ^ ^^ 
 
 County of ) 
 
 Be it Remembered, That on this day of 19 before 
 
 me, M. N., an acting and duly commissioned justice of the peace, in and 
 for the county aforesaid,* personally appeared O. P., one of the sub- 
 scribing witnesses to the foregoing deed, to me personally well known, 
 who; being by me first duly sworn, on his oath stated that he saw A. B., 
 grantor in said deed, subscribe and seal said deed on the day of its date 
 
152 Rouech's Manual. 
 
 (or, that the said A. B., grantor in said deed, acknowledgedi to him, on 
 
 the. ...... .day of 19 , that he had subscribed, seakd, and 
 
 executed said deed), for the uses, purposes, and consideration therein ex- 
 pressed; and that he and Q. R., the other subscribing witness, subscribed 
 the same as attesting witnesses, at the request of the said grantor. 
 In Testimony (etc., as in form preceding). 
 
 AOKJfO'Wl.EIDGMBNT DY HUSOBAND AND -WIPiEJ, OP A JOINT UEOSID 
 OF HOMBJSTEAD PKOPEHTY. 
 
 (As in "Acknowledgment" to the *, continuing thus :) to me personally 
 well known as one of the parties grantor, and stated that he had executed 
 the same for the consideration and purpose therein mentioned and set forth, 
 and I do hereby so certify. 
 
 And I Further Certify, that on this day voluntarily appeared before 
 
 PHOOP OF HANDi-WTRITHV G OF GIRANTOR AND SIPBSCRIBING 
 
 WITNESS. 
 
 (As in "Proof by Subscribing Witness" to the *, continuing thus:) 
 personally came S. T. and U. V., and upon their o^ths stated that the 
 signatures of A. and B., the grantor in the within and foregoing deed, and 
 of O. P., a witness thereto, are genuine, and are in the handwriting of 
 said A. B. and O.. P., respectively. 
 
 In Testimony (etc., as in "Acknowledgment"). 
 
 CALIFORNIA. 
 
 AOKNOWIiEIDiGlMENT. 
 
 STATE OF CALIFORNIA, I ^^ 
 County of i 
 
 On this day of in the year i before me, M. N. 
 
 (official title), personally appeared .known to me (or, proved to 
 
 me on tJhe oath of E. F.), to be the person (or, persons), whose name is 
 (or, whose names are) subscribed to the within instrument and acknowl- 
 edged to me that he (she or they) executed the same. 
 
 (Seal.) M. N., 
 
 (Official Title.) 
 
 AOKNOr«rijEii>GMBlNT BY COKiPORATIO N. 
 
 STATE OF CALIFORNIA, ) 
 
 County of j 
 
 On this day of in the year.. before me, A. B. 
 
 (official name and title), personally appeared C. D., known to me on the 
 
Rouech's Manual. 153 
 
 oath of E. F., to be the president (or, secretary) of the corporation that 
 executed the within instrument, and acknowledged to me that such cor- 
 poration executed the same. 
 
 (Seal.) A. B. 
 
 (Official Title.) 
 
 AOKTrOWI/EHjaMEaNT BY ATTORNiEn" I\ FAiCT. 
 
 STATE OF CALIFORNIA, \ 
 
 County of.. , . 
 
 On this day of in the year before me, A. B. 
 
 •(official name and title), personally appeared C. D., known to me (or, 
 proved to me on the oath of E. F.), to be the person whose name is sub- 
 scribed to Ae within in^trurrient as the attorney in fact of G. H., and 
 acknowledged to me that he subscribed the name of G. H. thereto as 
 principal, and his own name as attorney in fact. ' 
 
 A. B. 
 (Official Title.) 
 
 COLORADO. 
 
 AOKSrOWIiBDiGMENT. 
 
 STATE OF COLORADO, ) 
 
 County of 
 
 appeared before me, this day of 19 
 
 in person, and acknowledged the foregoing instrument to be his act and 
 deed, for the uses specified therein. 
 
 Witness my hand and official seal. 
 (Seal.) • A. B. 
 
 (Official Title of Officer.) 
 
 A'OKjrOWIiHDIGMiBlNT TO OHATTEli MO RTCKAiGIE}. 
 
 By Section 386 of the Annotated Statutes, the officer taking the 
 acknowledgment to chattel m6rtgage is to certify the same as follows: 
 
 This mortgage was acknowledged before me by A. B. (here insert 
 the name of the mortgagor), this day of A. D. 19. ; . . 
 
 CONNECTICUT. 
 
 AOKW'O'WX.BDIGIMCENT. 
 
 ^•| S3. 
 
 STATE OF CONNECTICUT. 
 
 County of 
 
 (Date.) 
 Personally appeared A. B., signer and sealer of the foregoing instru- 
 ment, and acknowledged the same to be his free act and deed, before me. 
 
 (Signature and title.) 
 
154 Rouech's Manual. 
 
 ACK'NO'WX.En>G<]M0E:NT BY COiRiPORATIO JT. 
 
 STATE OF CONNECTICUT, ) ^^ 
 
 County of , ) 
 
 (Date.) 
 Personally appeared A. B., who being duly authorized and appointed 
 by vote of fhe directdrs of the said (naming the corporation), the agent 
 of said company, for the purpose of executing the foregoing instrument, 
 acknowledged that he executed the same as the free act and deed) of the- 
 said corporation, and as his own free act and deed before me. 
 
 (Signature and title.) 
 
 DELAWARE. 
 
 ACK:NOrWX,Efl*GMBNT. • 
 
 STATE OF DELAWARE, ) 
 
 County of 
 
 Be it remembered, that iin. the day of in the year of 
 
 CUT Lord one thousand nine hundred and , personally came be- 
 fore us the subscribers, two of the justices of the peace, for cbunty 
 
 aforesaid, A. B. and C. B., his wife, parties to this indenture (or, if it 
 be not an indenture, say instrument), known to us personally (or, proved 
 
 on the oath of M. N., of .), to be such, and severally acknowledged 
 
 said indenture to be their act and deed respectively; and that the said 
 C. B., being at the same time privately examined by us apart from her 
 husband, acknowledged that she executed the said indenture (or, instru- 
 ment) willingly, without compulsion or threats, or fear of her husband's, 
 displeasure. 
 
 Witness our hands,- the day and year aforesaid. 
 
 (Signatures and titles.) 
 
 AOKlVOrWlJLlEaDGMEiNT BT CO«POMlATIO N. 
 
 STATE OF DELAWARE, I 
 
 County of 
 
 Be it Remembered, that on the day of in the year 
 
 before us the subscribers, two of the justices of the peace for county 
 
 aforesaid, came A. B., the president of the Bank of to us- 
 
 personally known, and wliio, being by us duly sworn, deposes and says: 
 That he resides in the village of......;. in said county; that he is the 
 
 president of ; that the seal affixed to the within indenture is the 
 
 corporate seal of the president, directors and company of the said bank, 
 and was affixed to the said indenture by order of said directors, for the 
 uses therein expressed; and that he, by like order, did subscribe his name 
 thereto, as president of said bank. 
 
 (Signatures and titles of Magistrates.) 
 
Rouech's Manual. 155 
 
 DISTRICT OF COLUMBIA. 
 
 ACKXOWLKDGMENT. 
 
 [■ ss. 
 
 STATE OF 
 
 County of 
 
 I, M. N. (official title), in and for the county (or, city, or parish, or 
 
 district) aforesaid, in the state (or, territory, or district) of do 
 
 hereby certify,* that A. B., a party (or, A. B., and C. D. parties) to a 
 certain dieed, bearing date on the day of and hereunto an- 
 nexe^,' personally appeared before me in the county (or, city, etc.) afore- 
 said, the said A. -B. being personally well known to me, as (or, proved by 
 oath of credible witnesses before me to be) the person (or, persons) who 
 executed the! -said deed and acknowledged the same to be his (her or 
 their) act and deed. 
 
 Given liffder-my hand and seal "this dlay of 
 
 iVi. n'. (Seal.) 
 
 A'CKNOWI^BDGffllENT' BIY MARlHIEJD-^^VOMAN. 
 
 [• ss. 
 
 STATE OF 
 
 County of 
 
 (As in preceeding form to the *, continuing thus:) that C. D., the 
 
 wife of A. D., party to a certain deed bearing date on the day of 
 
 and hereto annexed, personally appeared before me, in the county 
 
 (or, city, etc.) aforesaid, the said C. D. being well known to me as (or, 
 proved by the oathis of credible witnesses before me to be) the person 
 who executed the said deed, and being, by me, examined privily and apart 
 from her husband, and having the deed aforesaid fully explained to her, 
 she, the said C. D., acknowledged the same to be her act and deed, and 
 'declared that she had willingly signed, sealed, delivered the same, and 
 that she wished not to retract it. 
 
 Given under my hand and seal this day of 
 
 M. N. (Seal.) 
 
 FLORIDA. 
 
 ACKN O WTiBJDGME NT. 
 
 [■ ss. 
 
 STATE OF FLORIDA, 
 County of 
 
 On this day personally appeared before me, M. N. (official title), A. 
 B., to me well known as (or, to me satisfactorialy proven to be),* the 
 person described in and who executed the foregoing instrument, and ac- 
 knowledged+ that he executed the same for the purposes therein ex- 
 pressed and prays that it may be admitted to record. 
 
 In Witness Whereof, I have hereunto set my hand and official seal 
 at this day of 19 
 
 (Seal.) M. N., 
 
 (Official Title.) 
 
j-56 Rouech's Manual. 
 
 AOKNOWLBDIGOIENT BY MARRIE© WOMAN. 
 
 (As in preceding form to the *, continuing thus:) the wife of C. B., 
 the person described in and who executed the foregoing instrument, who, 
 being by me examined separate and apart from her husband, the said 
 A. B., acknowledged that she made herself a party to the foregoing in- 
 ^strument, for the purpose of relinquishing all her right, title, dower and 
 interest, either legal or equitable, in and to the said premises, and that 
 •she executed thie same freely and voluntarily, without fear, compulsion, 
 restraint, or apprehension from her said husband, the said C. B. 
 
 In Witness (etc., as in precding form). 
 
 AOKJfOiWlL.EDiGM.EiNT BEJFOHiBS COMIMI SSIONTEIR, OIP DEEiD EXE30TJT- 
 HD 0« AlOKNOWIiBiOGIESD WITHOUT THE STATES, BY GiRiANT- 
 OR NOT PEIRSONAXrUY KNOWW. 
 
 STATE OF FLORIDA, I „ 
 _ , ' [• ss. 
 County of ) 
 
 On this ..day of I9----, before me, I. K., a commis- ' 
 
 ■sioner duly appointed and authorized by the evecutive authority, and un- 
 
 <3er the laws of the State of Florida, to take, within the State of 
 
 proof and acknowledgment of deeds, etc., to be used and recorded in said 
 State of Florida, personally appeared A. B., who was proven to me sat- 
 isfactorily to be the person described in, and who executed the foregoing 
 Instrument, by the oath of M. N., who, being by me duly sworn, did 
 
 depose and say: That he resided in in the county of ; that 
 
 he was acquainted with the said A. B., and that be knew him to 
 
 be the same person described in, and w^o executed the within convey- 
 ance; and thereupon the said A. B. acknowledged (etc., continuing as in 
 ^orm second preceding, from the-|-). 
 
 In Witness Whereof, I have hereunto set my hand and affixed my 
 
 seal of office, at. the day and year first above written. 
 
 (Signature, title and seal.)" 
 
 ACKNOiWliEnGalENT BIEIFORE JTI'D GB, IN A OITY OR OOUNTY 
 WHERE THERE IS NO F1.0 RIDA COMIMISSIO'NBm. 
 
 STATE OF I gg 
 
 County of ) 
 
 Be it Remembered, that on this day of. ig...., before 
 
 me, M. N., the chief justice (or, one of the judges, or the presiding jus- 
 tice, or the president) of the court of. (naming any court of record 
 
 Tiaving seal and clerk or prothonotary), which said court is a court of 
 
 record, personally appeared at within the jurisdiction of said court, 
 
 A. B. (and C. D.), to me known to be the person (or, persons) de- 
 scribed in, and who executed the foregoing instrument, and (severally) 
 acknowledged thie execution thereof to be his (or, their) free act and deed, 
 for the uses and: purposes therein mentioned. 
 
 (Signature and title of judge.) 
 
Rouech's^ Manual. 157- 
 
 OERTIFIOATE OP CXiESRK TO. BBS ANWBXEJD TO THB FO«BG<OIXG 
 
 STATE OF 1 gg 
 
 County of ) 
 
 I, O. P., clerk (or, prothonotary) of the court of at do- 
 
 hereby certify that M. N., the person whose name is subscribed to the 
 annexed certificate of acknowledgment, was at the date thereof the chief 
 justice (or, other judge) of said court, duly appointed as sucli, and that I 
 verily believe the signature of his name subscribed thereto to be genuine. 
 
 Witness my hand and seal of office, this day of 19. . . . 
 
 (Signature, title and seal.) 
 
 GEORGIA. 
 
 AC«JiOWI,BD«lMEST. 
 
 ss. 
 
 STATE OF GEORGIA, ) 
 County of ) 
 
 Before me, M. N., the undersigned (naming officer and title), person- 
 ally came A. B., to me known to be the person described in, and who 
 executed the foregoing (or, within) conveyance, and acknowledged the 
 same to be his free act and deed. 
 
 In Witness Whereof, I have hereunto set my hand and seal, this. 
 
 day of 
 
 (Signature and title.) 
 
 AOKNOWLE.I>G'M.E3ST BIC ltt.*.RHIEIJ WOMAN. 
 
 STATE OF GEORGIA, I 
 
 County of 
 
 I, A. B., the wife of C. D., do declare that I have frtg^fly and without 
 any compulsion, signed, sealed and delivered the above instrument of 
 w^riting, passed between D. E. and C. D., and I do hereby renounce all 
 title or claim of dower that' I might claim or be entieled to, after the 
 death of C. D., my said husband, to or out of the lands or tenements- 
 therein conveyed, -t 
 
 In Witness Whiereof, I have hereunto set my hand and seal. 
 
 A. B. 
 IDAHO. 
 
 ACItNOWIiElDGMElS'T. 
 
 STATE OF IDAHO, I ^^ 
 
 County of ) 
 
 On this. ...... .day of in the year of personally ap- 
 peared before me A. B. (here insert name and official title), C. D. (and 
 B. D.), known to me (or, proved to me on the oath of C. F.), to be the* 
 person whose name is subscribed to the within instrument, and acknowl- 
 edged to me that he executed the same. ■ 
 
 A. B., 
 (Official Title.) 
 
158 Rouech's Manual. 
 
 AOKNIOrWIiESDiG<iHE3?FT BY MtAiUtlESD WOMAN. 
 
 STATE OF IDAHO, I. ss ' ' > 
 
 County of ) 
 
 On this day of .in the year of before me A. B. 
 
 (official title), personally appeared C. D., known to me (or, proved to 
 me on the oath of E. F.), to be the person whose name is subscribed to 
 the within instrument, described- as a married woman; and upon an exam- 
 ination without the hearing of her husband, I made her acquainted with 
 the contents of the within instrument, and thereupon she acknowledged 
 to me that she executed fhie same, and that she does not wish to retract 
 such execution. 
 
 A. B., 
 (Official Title.) 
 
 AOKJfOiWH.EJDIGMEHVT HY COiRiPOBATIO Jf. 
 
 (As in "Acknowledgment" to *), and from there as follows: President 
 (or, the secretary) of the corporation that executed the within instrument, 
 and acknowledged to me that such corporation executed the same. 
 
 A. B., 
 (Official Title.) 
 ILLINOIS. 
 
 AOKN'OfWliEJDGMENT. 
 
 STATE OF ILLINOIS, ] ^.^ 
 
 County of ) 
 
 I, A. B. (here insert official title), do hereby certify that C. D. and 
 E. D., his wife, personally known to me to bp the same persons whose 
 names are subscribed to the foregoing instrument, appeared before me 
 this day in person and acknowledged that they signed, sealed and de- 
 livered tfie said instrument, as their free and voluntary act, for the uses 
 and purposes therein set forth. 
 
 Given under my hahd and private (or official) seal, this day 
 
 of A. D., 19.... 
 
 (Seal.) A. B., 
 
 (Official Title.) 
 
 ACKNO'WIiBIHJMBNT OF CHATTBl. MORTaA&Ii:. 
 
 By c 95 -\-2 of the Annotated Statutes of Illinois, the following form 
 is prescribed for acknowledgments of chattel mortgages: 
 
 This (name of instrument) was acknowledged before me by (name 
 of grantor), (when the acknowledgment is made by a resident, insert the 
 words "and entered by me"), this day of . . ^ 19 
 
 Witness my hand and seal (name of officer). 
 
 (Seal.) 
 
Rouech's Manual. 159 
 
 INDIANA. 
 
 A.OKN'OWILiBJDGMENT. 
 
 STATE OF INDIANA, ) ^^ 
 
 County of ) 
 
 Before me, A. B. (a judge or justice, as the case may be), this 
 
 day of C. D. acknowledged the execution of the annexed deed (or, 
 
 mortgage, as the case may be). 
 
 In Witness Whereof, I have hereunto set my hand and affixed my 
 ofScial seal, this day of 19.... 
 
 (Seal.) A. B., 
 
 (Official Title.) 
 
 AOKSrOWTiEIDiGMiBNT BY ■WITNESS. 
 
 STATE OF INDIANA, ) „ 
 
 r SS. 
 County of ) 
 
 Be it remembered, that on the day of 19. . . ., before 
 
 me, A. B. ('here insert official title), in and for said county, personally 
 appeared C. D. (or, C. D. and E. F.), competent witnesses of legal age, 
 who, being by me first duly sworn, deposed and said: That he attested 
 the execution and delivery of the foregoing deed as a subscribing witness 
 (cr, that he saw it executed and delivered, or, that the grantor exhibited 
 and delivered the deed in witness' presence, and admitted to him that, 
 etc.), and that the grantor, G. H. (and I. H., his wife), was at the time 
 of full age and sound mind and memory. 
 
 In witness whereof, I have hereunto set my hand and affixed ™y 
 official seal, this day of 19.... 
 
 (Seal.) A. B., 
 
 (Official title.) 
 
 INDIAN TERRITORY. 
 
 ACKNO'WI.EaDGMBJNT. 
 
 INDIAN TERRITORY, ) ^^ 
 
 County of ) 
 
 • On this day of ., in the year one thousand nine hun- 
 dred and , before me, A. B. (here insert official title), personally 
 
 came C. D. (and E. D., his wife), to me known to be the individual de- 
 scribed in, and who executed thie foregoing instrument, and to me ac- 
 knowledged the execution thereof by him, as and for his act and deed 
 (Seal.) A. B., ' 
 
 (Official title.) 
 
i6o Rouech's Manual. 
 
 IOWA. 
 
 AOKNO'WLEJD'GMEWT. 
 
 STATE OF ) 3 
 
 County of ) 
 
 On this day of , A. D , before me personally 
 
 appeared A. B. (or, A. B. and C. D.), to me known to be the person 
 (or persons) named in and who executed the foregoing instrument and 
 acknowleidiged that he (or they) executed the same as his (or their) vol- 
 untary act and deed. 
 
 Notary Public in and for said County. 
 
 AOKNiO'WIyiaD'GME.!«T BY ATT'OKXEY IN PACT. 
 
 STATE OF ) 3 
 
 County of ) 
 
 On this day of , A, D , before me personally 
 
 appeared A. B., to me known to be the person who executed the fore- 
 going instrument in behalf of C. D., and acknowledged that he executed 
 the same as the voluntary act and deed of said C. D. 
 
 Notary Public in and for said County. 
 
 AOKNCKWJUEIDCiiMBWTS BY A OOHPORATION OB. JOINT STOCK ASSO- 
 CIATION. 
 
 STATE OF j. g5_ 
 
 County of ) 
 
 On this day of , A. D , before me appeared 
 
 A. B., to me personally known, who, being by me duly sworn (or, af- 
 fiimed), did say that he is the president (or, other officer or agent of the 
 corporation or association) of (describing the corporation or associa- 
 tion), and that tlie seal affixed to said instrument is the corporate seal of 
 said corporation (or, association), and that said instrument was signed and 
 sealed in behalf of said corporation (or, association), by authority of its 
 board of directors (or, trustees), and said A. B. acknowledged said instru- 
 ment to be the voluntary act and deed of said corporation (or, associa- 
 tion). 
 
 Notary Public in and for said County. 
 
 In case the corporation or association has nO' corporate seal, omit 
 the words, "the seal affixed to said instrument is the corporate seal of 
 said, corporation (or, association), and that," and add, at the end of the 
 affidavit clause, the words, "and that said corporation (or, association), 
 has no corporate seal. 
 
Rooech's Manual. 16-1 
 
 KANSAS.- 
 
 ACKNOWL.EIDGMIE3IVT. 
 
 STATE OF KANSAS, 1 ^^ 
 
 Couaty of 
 
 On this day of , one thousand nine hundred and 
 
 , before me, A. B. (here insert official title), personally came 
 
 C. D., to me personally known to be the person who executed the fore- 
 going instrument, and as such person duly acknowledged the execution 
 of the same. 
 
 In witness whereof, I have hereunto set my hand and affixed ray 
 seal, on the day and year first above written. 
 
 A. B., 
 (Official title.) 
 
 KENTUCKY. 
 
 AOKlVCWXEaDCtMBCVT. 
 
 STATE OF KENTUCKY, [ ^^ 
 County of ) 
 
 I, A. B. (here insert official title), do hereby certify that this instrtr- 
 nient of writing from C. D., and wife E. D. (or, from E. D., wife of 
 C. D.), was this day produced to me by the parties (which was acknowl- 
 edged by t'he said C. D. to be his act and deed), and the contents and. 
 the effect of the instrument being explained to the said E. D., by me,, 
 separately an-d apart from her husband, she thereupon declared that she- 
 did freely and voluntarily execute and deliver the same, to be her act ani 
 deed, and consented that the same might be recorded. 
 
 Given under my liand and seal of office, this day of ,. 
 
 one thousand nine hundred and 
 
 A. B., 
 (Official title.> 
 
 LOUISIANA. 
 
 AOKSrOWLjBDG'MEaiT. 
 
 STATE OF LOUISIANA, ) 
 
 r ss. 
 City and County of ) 
 
 Be it known, that on' this day of.. , A. D ,. 
 
 before me, a commissioner of deeds (or, notary public in and for the 
 
 State of ) for the State of Louisiana, in and for the City and" 
 
 County of , State of , duly commissioned and acting as 
 
 such, personally came and appeared A. B., of the City and County of 
 
 State of , known to me to be the person naraed in 
 
 the foregoing instrument, and with the said A. B. also came and appeared 
 
 C. D. and E. F., two witnesses, both males, of lawful age, and residirg-; 
 
 in , State of , known to me, and the said A. B. there- 
 
 (II) 
 
i62 Rouech's Manual. 
 
 ^3pon signed and executed the said instrument in my presence and in the 
 presence of said witnesses, who have also thereunto subscribed their 
 names as such in my prfesence and in the presence of 
 
 The said A. B. thereupon acknowledged to me, the said commis- 
 sioner of deeds, in the presence of said two witnesses, that he signed and 
 executed the said foregoing instrument as his act and deed for the uses 
 and purposes therein set forth, } 
 
 (Signature and official title.) 
 (Add signatures of witnesses.) 
 
 In witness, etc. 
 
 MAINE. 
 
 ACKNOWIiBOJGMBNT. 
 
 STATE OF MAINE, 
 
 County of 
 
 On this day of , 19 personally appeared the 
 
 above-named A. B., and B. B., his wife, and severally acknowledged the 
 foregoing instrument to be their free act and deed. 
 
 A. B., 
 (Official title.) 
 
 MARYLAND. 
 
 •ACKNOWliBDGiMEIjrT WITHIN THE STATE. 
 
 STATE OF MARYLAND, ) ^^ 
 
 County of [ 
 
 I hereby certify, that on this dlay of... in the year 
 
 ., before the subscriber (herein insert style of the officer taking 
 
 the acknowledgment), personally appeared A. B., and acknowledged the 
 foregoing deed to be his act. 
 
 (Signature and title.) 
 
 SAME, BY HIHSBAND AINID' WIFE. 
 
 STATE OF MARYLAND, ) 
 
 I ss. 
 
 County of 
 
 I hereby certify, that on this day of , in the year 
 
 , before the subscriber (here insert the official style of the person 
 
 taking the acknowledgment), personally appeared A. B. and C. B., his 
 wife, and did each acknowledgfe the aforegoing deed to be their respective 
 "act. 
 
 (Signature and title.) 
 
Rouech's Manual. 163 
 
 aokkoivledaimibnt taken without the state. 
 
 STATE OF I gj. 
 
 County of ) 
 
 (As in form before last, except that the attestation will be as follows) : 
 In testimony whereof, I 'have caused the seal of the Court to be affixed 
 
 (or, have affixed my official seal), this day of , 19. . . . 
 
 (Signature, title and seal.) 
 
 MASSACHUSETTS. 
 
 ACKlVO"Wl.ESD'G'MESrT WITHIN THE STATEi. 
 
 COMMONWEALTH OF MASSACHUSETTS, { ^^ 
 
 ■County of , -) 
 
 (Date.) 
 Then personally appeared the within (or, above) named A. B. (and 
 C. B., his wife), and acknowledged the foregoing instrument to be his 
 (or, their) free act and deed, before me. 
 
 (Signature and title.) 
 
 AOKNOWILlBDGiMENT BY ATTORNEY IN F"AGT. 
 
 [• ss. 
 
 COMMONWEALTH OF MASSACHUSETTS, 
 County of 
 
 (Date.) 
 Then A^ B., above mentioned, to be the attorney of C. D., above 
 named, personally appeared and acknowledged the above instrument to 
 be the free act and deed of the said C. D.; and that in subscribing the 
 name and affixing the seal' of the said C. D., to the above instrument, he, 
 the sjid A. B., acted freely, and without any manner of duress. Before 
 me. 
 
 (Signature and title.) 
 
 ACKNOWLEDGMENT WITHOXIfT THE STATE. 
 
 STATE OF 1 gg 
 
 County of ) 
 
 I, M. N., a commissioner for the Commonwealth of Massachusetts. 
 
 residing at , in the County of and State of , do 
 
 certify, that on the day of in the year A. D. 19. . . ., the 
 
 above-named A. B. personally appeared before me at , in the 
 
 county and state aforesaid, and acknowledged the foregoing instrument, 
 by him signed, to be his free act and deed. 
 
 In witness whereof, I have hereunto set my hand and affixed my 
 
 official s.eal, at , in the County of and State of , 
 
 or. this day of 
 
 (Official Seal.) .(Signature and title.) 
 
 By Chapter 253 of the Laws of 1804, the following forms of acknowl- 
 edgments have heen provided for, although the forms given above are 
 also held to be sufficient : 
 
i64 Rouech's Mandal. 
 
 AOKNOWlABflDCMMElNT BY NATURAL PERSON. 
 
 STATE OF MASSACHUSETTS, [ ^^ 
 
 County of ) 
 
 On this day of. , 19 , before me personally ap- 
 peared A. B. (or, A. B., and C. D.), to me known to be the person (or,, 
 persons) described in and who executed the foregoing instrument, and 
 acknowledged that he (or, they) executed the same as his (or, their) free 
 act and deed. 
 
 (Signature and official title.) 
 
 AOKTfOfWIiHDiGiM'EINT »Y ATTORNElY IST FACT. 
 
 STATE OF MASSACHUSETTS, 1 ^^ 
 
 County of . . . ; : ) 
 
 On this day of , 19 ... , before me personally appeared 
 
 A. B., to me known to be the person who executed the foregoing instru- 
 ment in behalf of C. D., and acknowledgedthat he executed the same as. 
 the free act and deed of said C. D. 
 
 (Signature and official title.) 
 
 ACKNO-W1.BWGMHNT BY CORPORATIOjr 0(R JOINT-STOCK ASSOCI- 
 , ATION. 
 
 STATE OF MASSACHUSETTS, I ,, 
 
 r SS. 
 
 County of ) 
 
 On this day of , 19. . . ., before me appeared A. B., to. 
 
 me personally known, who, being by me duly sworn (or, affirmed) did 
 say that he is the president (or, other officer or agent of the corporation 
 or association), of (describing the corporation or association), 
 and that the seal affixed to said instrument is the corporate 
 seal of said corporation (or, association), and that said instrument 
 was signed and sealed in behalf of said corporation (or, association) by 
 authority of its board of directors (or, trustees), and said A. B. acknowl- 
 edged said instrument to be the free act and deed of said corporation (or, 
 association). 
 
 (Signature and official title.) 
 
 In case the corporation or association has no corporate seal, omit 
 the words "the seal affixed to said instrument is the corporate seal of said 
 corporation (or, association), and that,'' and add at the end of the affi- 
 davit clause, ihc words "and that said corporation (or, association) has no. 
 corporate seal." 
 
 MINNESOTA. 
 ACKNOWIL.EJDGMEINT. 
 
 STATE OF MINNESOTA, ) ^^ 
 
 County of ) 
 
 On this day of.... , 19 before me personally ap- 
 
 I-eared A. B., to me known to be the person (or, persons) described in. 
 
Rouech's Manual. 165 
 
 -and who executed the foregoing instrument, and acknowledged that he 
 ^or, they) executed the same as his (or, their) free act and deed. 
 
 C. D., 
 (Official title.) 
 
 AOKNOWL.BIDGMBNT BY ATTOHNiBT IN FACT. 
 
 .STATE OF MINNESOTA, I ^^ 
 County of ) 
 
 On this day of , 19...., before me personally ap- 
 peared A. B., to me known to be the person who executed the foregoing 
 instrument, in behalf of C. D., and acknowledged that he executed the 
 
 same as the free act and deed of said C. D. 
 
 E. F., 
 (Official title.) 
 
 AOKNOWXiEIDGMiBNT BY OO'RPORATIO IT. 
 
 STATE OF MINNESOTA. ) ^^ 
 
 'County of ) 
 
 On this day of , 19- • • ■, before me appeared A. B., 
 
 to me personally known, who, being by me duly sworn (or, affirmed), 
 ■ did say, that he is the president (or, any other officer or agent of the 
 corporation or association), and that the seal affixed to said instrument 
 lis the corporate seal of said corporation (or, association), and that said 
 instrument was signed and sealed in behalf of said corporation (or, asso- 
 ciation), by authority of its board of' directors (or, trustees), .and said 
 A. B. acknowledged said instrument to be the free act and deed of said 
 
 ■corporation (or, association). 
 
 C. D., 
 
 (Official title.) 
 
 In case the corporation or association has no corporate seal omit the 
 words, "the seal affixed to saie^ instrument is the corporate seal of said 
 cctrporation (or, association), and that," and add, at the end of the affi- 
 ■davit clause, the words "and that said corporation (or, association) has 
 no corporate seal." 
 
 MISSISSIPPI. 
 
 AOKNOWI/EODIGMEWT. 
 
 :STATE OF MISSISSIPPI, I gg_ 
 
 County of ) 
 
 Personally appeared before me A. B. (here insert official title), the 
 'within named C. D., who acknowledged that he signed and delivered the 
 -.foregoing instrument of writing on the day and year therein mentioned. 
 
 Given under my hand, this day of 
 
 E. D., 
 (Official title.) 
 
i66 Rouech's Manual. 
 
 MISSOURI. 
 AOKNOW1.E1DGM1ENT. 
 
 3TATE OF MISSOURI, ) jg_ 
 County of J 
 
 On this day of , 19 before me personally ap- 
 peared A. B., to me known to be the person described in, and who exe- 
 cuted the foregoing instrument, and acknowlediged that he executed the 
 same as his free act and deed. 
 
 (Seal.) C. D., 
 
 (Official title.) 
 
 Acknowledgments by attorney in fact or corporation sirnilar to those- 
 used in Minnesota, Mississippi, etc. 
 
 MONTANA. 
 
 AOKNOWL.BDlGiMiE3)VT. 
 
 STATE OF MONTANA, ) ^ 
 
 County of ) 
 
 On this day of , in the year , before me (here 
 
 insert the name and quality of the officer), personally appeared 
 
 known to me (or, proved to me on the oath of ) to be the 
 
 person whose name is subscribed to the within instrument,* and acknowl- 
 edged to me that he (or, they) executed the same. 
 
 (Signature and official title.) 
 
 ACKNO'IVL.EIDGIMKNT BIY COHPORATlb N, 
 
 STATE OF MONTANA, ) ^^ 
 
 County of : J 
 
 On this day of in the year before me (here 
 
 insert ^he name and quality of the officei^, personally appeared 
 
 known to me (or, proved to me on the oath of ) to be. the 
 
 president (or, secretary of the corporation that executed the within instru- 
 ment and acknowledged to me that such corporation executed the same. 
 
 (Signature and official title.) 
 
 AOKNlOiWI/BJDGMJEWT BY ATTORNEIY IN PACT. 
 
 STATE OF MONTANA, ^ ^^ 
 
 I 
 County of ) 
 
 (As in form before last to *, and thence proceed as follows) : as the 
 
 attorney in fact of , and acknowledged to me that he subscribed 
 
 the name of thereto as principal, and his own name as attorney- 
 
 in fact. 
 
 (Signature and official title.) 
 
Rouech's Manual. 167 
 
 NEBRASKA. 
 
 AOKjrOWL,EDGMEST BY HUSBAND A XD WIFB. 
 
 STATE OF NEBRASKA, I ^^ 
 County of ) 
 
 On this day of 19 , before me, A. B. (here insert 
 
 official title), within the aforesaid county, personally appeared C. D., and 
 E. D., his wife, whose names are subscribed to the annexed instrument 
 as parties thereto, personally known to me to be the individuals described 
 in, and who executed the said annexed instrument as parties thereto, and 
 they severally acknowledged the same to be their voluntary act and deed, 
 for the purposes therein expressed. 
 
 In witness whereof, I have hereunto set my hand and affixed my 
 official seal the day and year first above written. 
 
 (Seal.) A. B., 
 
 (Official title.) 
 
 NEVADA. 
 
 AOKNOTVXBlDGiMHST. 
 
 STATE OF NEVADA, [ 
 
 _ , ' >■ ss. 
 
 County of ) 
 
 On this day of , A. D. 19...., personally appeared 
 
 before me, a notary public (or, judge, or other officer, as the case may 
 be), in and for said county, A. B.,* known to me to be the person described 
 in and who executed the foregoing instrument, and who acknowledged 
 to me, that he executed the same freely and voluntarily, and for the uses 
 and purposes therein mentioned. 
 
 (Seal.) (Signature and title.) 
 
 AOKNOW(LE(D)GM;BlNT TVHEJRE GRAKTO'R TJJfKNO^VX TO OFFICEfR, 
 
 (As in the preceding form to *) : satisfactorily proved to me to be 
 the person described in and who executed the within conveyance, by the 
 oath of C. D., a competent and credible witness, for that purpose by me 
 duly sworn, and he, the said A. B., acknowledged that he executed the 
 same freely and voluntarily, for the uses and purposes therein mentioned. 
 
 In witness whereof, etc. 
 
 (Seal.) E. F., 
 
 (Official title.) 
 
 ACKJrO'WI/EDGIMEO'T HY HISBAB-D AX'D ■WIFE. 
 
 STATE OF NEVADA, ) 
 
 _ • , f ss. 
 
 County of ) 
 
 On this .day of A-. D. ig , personally appeared 
 
 before me A. B. (here insert official title), in and for said county, C. D., 
 and E. D., his wife, whose names are subscribed to the annexed instru- 
 ment, .as parties thereto, personally known to me to be the individuals 
 
i68 Rouech's Manual. 
 
 described in, and who executed the said annexed instrument, as parties 
 thereto, and each acknowledged to me that they, and each of them, re- 
 spectively, executed the Same freely and voluntarily, and for the uses and 
 purposes therein mentioned. And I further certify, that E. D., wife of 
 said C. D., is personally known to me (or, proved to me by F. G., a 
 credible witness), to be the person whose name is subscribed to said 
 conveyance,, as a party thereto, and that she was by me made acquainted 
 with the contents thereof, and thereupon acknowledged to me, on an 
 examination apart from and. without the hearing pf her husband, that she 
 executed the same freely and voluntarily,, without fear or compulsion or 
 ■undue influence of her said husband, and that she does not wish to retract 
 the execution of the same. 
 
 In witness whereof, etc. 
 
 (Seal.) ' A. B., 
 
 ; (Official title.) 
 
 NEW HAMPSHIRE. 
 
 AOKNOiWLE!D«iMB?fT BIY HUSBAND AND WIFE. 
 
 STATE OF NEW HAMPSHIRE, ] ^^ 
 County of ) 
 
 On the day of 19...., personally appeared' the 
 
 -above-named A! B., and C. B., his wife, and acknowledged the foregoing 
 instrument to be their voluntary act and deed. 
 
 Before_ me. 
 
 (Signature and title.) 
 
 NEW JERSEY. 
 
 A0KN'0:"W1.E}DG:MBWT BY HUSBABTD AND WIFE. 
 
 STATE OF NEW JERSEY, I g^ 
 -County of ) 
 
 On the day of , 19 personally appeared before 
 
 •me A. B. (here insert official title), C. D., and E. D., his wife, who, I am 
 satisfied, are the grantors mentioned in the above deed of conveyance; 
 and I having first made known to them the contents thereof, they ac- 
 knowledged that they signed, sealed and delivered the same as their vol- 
 "untary act and deed, and the said E. D., being of full age, on private 
 examination apart from her husband, before me, acknowledged that she 
 signed, sealed, and delivered! the same as her voluntary act and deed, 
 freely wifhiout any fear, dread or compulsion of her said husband. 
 
 In witness .whereof, I have hereunto set my hand and seal this 
 
 «day of , 19. .. . 
 
 (Seal.) A. B., 
 
 (Official title.) 
 
Rouech's Manual. 169 
 
 ACKNOWI/BUCKMETOT BY COiRPOKATIO JT. 
 
 STATE OF NEW JERSEY, 1 ^^ 
 County of ) 
 
 I, A. B. (here insert official title), do hereby certify, that on the 
 
 day of , in the year one thousand nine hundred and 
 
 in the County of aforesaid, personally appeared C. D., 
 
 with whom I am personally acquainted, and whom I know to be the sub- 
 scribing witness to the execution of the foregoing deed (or, instrument), 
 and who, being duly sworn by me, did depose and say, that he subscribed 
 his name to the foregoing deed (or, instrument), as a subscribing witness, 
 on the day that the same bears date, and being well acquainted with the 
 common seal of the said (name corporation or association), knows that 
 the same was and is thereto set, and that the said company did then and 
 there sign and deliver the said deed (or, instrument) as their voluntary 
 act and deed. 
 
 In witness whereof, I have hereunto set my hand and seal this 
 
 day of..' , 19 
 
 (Seal.) A. B., 
 
 (Official title.) 
 
 NEW MEXICO TERRITORY. 
 
 ACKNOWI^EIDIGMBNT. 
 
 TERRITORY OF NEW MEXICO. } 
 
 County of 
 
 On this day of ,19...., before me personally ap- 
 peared A. B.* (or, A. B., and C. D.), to me known to be the person (or, 
 persons) described in, and who executed the foregoing instrument, and 
 acknowledged that he (or, they) executed the same as his (or, their) free 
 act and deed. 
 
 A. B., 
 (Official title.) 
 
 ACKJf01VI,EI>GMEWT JIAIIB BY ATTOHNBY IX FACT. 
 
 (As in preceding form to *) : to me 'known to be the person who 
 executed the foregoing instrument in behalf of C. D., and acknowledged 
 that he executed the same as the free act and deed of the said C. D. 
 
 C. E., 
 (Official title.) 
 
 ACKNOWX.BDGMBNT BY COHiP-ORATIO Jk. 
 
 (As in second form above to *) : to me personally known, who, being 
 by me duly sworn (or, affirmed), did say that he is the president (or other 
 officer or agent of the corporation or association), of (describe the cor- 
 poration or association), and that said instrument was signed and sealed 
 
170 Rouech's Manual. 
 
 in behalf of the said corporation (or association), by authority of its board 
 of directors (or, trustees), and said C. D. acknowledged the said) instru- 
 . ment to be the free act and deed of said corporation (or, association). 
 
 A. B., 
 
 (Official title.) 
 
 NEW YORK. 
 
 AOKNO-WI-KIDGMEVNT. 
 
 STATE OF NEW YORK, I ^^ 
 County of ) 
 
 On this day of , 19...., before me personally ap- 
 peared A. B., and C. D., to me personally known, and known to me to 
 be the persons described in the foregoing instrument, and severally ac- 
 knowledged that they executed the same for the uses and purposes therein 
 mntioned. 
 
 (Seal.) A. B., 
 
 (Official title.) 
 
 BiY ONE5 OF- SBVBlRiAL, GOftANTOKS, KNO'WaT TO THE OFPICBlR, 
 
 STATE OF NEW YORK, ) ^^ 
 County of ) 
 
 On this day of in the year 19. . . ., before me person^ 
 
 ally came A. B., to me personally known, and known to me to be one 
 of the individuals described in, and vs^ho executed the within (or, annexed 
 or, above) conveyance (or, instrument) and acknowledged that he exe- 
 cuted the same. 
 
 (Signature and title.) 
 
 BY TWIO OIR MOREli GR'AjNTORS, KNOWS TO THEI OmnCEH, 
 
 STATE OF NEW YORK, ( „ 
 
 r ss. 
 County of ) 
 
 On this day of. . . . . . . ., in the year ig. , . ,, before me person- 
 ally catne A. B., C. D., and E. F., to -me personally known, and known 
 to me to be the individuals described in, and who executed the within (or, 
 above or, annexed) conveyance (or, instrument), and severally acknowl- 
 edged that they executed the same. 
 
 (Signature and title.) 
 
 BY A G-HANTO« TTOT KNOWN TO THE 0FIF10E5R, 
 
 STATE OF NEW YORK, ) gg_ 
 
 County of ) 
 
 On this day of , 19. . . ., before me personally came 
 
 A. B., proven to me satisfactorily to be the individual described in, and 
 who executed the within (or, above, or, foregoing) conveyance (or, in- 
 strument), by the oath of M. N. ,who, being by me duly sworn (ar af- 
 
Rouech's Manual. 171 
 
 firmed), did depose and say that he resided in the City of , in the 
 
 County of , that he was acquainted with the said A. B., and that 
 
 he knew him to be the same person described in, and who executed the 
 within conveyance (or, instrument), and thereupon the said A. B. ac- 
 knowledged before me that he executed the same. 
 
 (Signature and title.) 
 
 BY TWO GRANTORS, ONE KNOWN AND ONE NOT KNOWN. 
 
 STATE OF NEW YORK, I ^^ 
 
 County of i 
 
 On this. . . ; day. of , 19 before me personally came 
 
 A. B., to me personally known, and known to me to be one of the indi- 
 viduals described in, and who executed the within (or, above, or, an- 
 nexed) conveyance (or, instrument): and also personally came C. D.,. 
 satisfactorily proven to me to be the other individual (or, one of the 
 other individuals) descri'bed in, and who executed the same, by the oath, 
 of M. N., who, being by me duly sworn (or, affirmed), said that he re- 
 sided in the Town of , in the County of and that he 
 
 knew the said C. D. to be one of the individuals described in, and who 
 executed the said conveyance (or, instrument); and thereupon the said 
 A. B., and C. D., severally acknowledged before me that they executed 
 the same for the purposes therein mentioned. 
 
 (Signature and title.) 
 
 BY ATTORNEY IN PACT, KXOWrN TO THE OFPIOER. 
 
 STATE OF NEW YORK, ( ^^ 
 
 County of [ 
 
 On this day of , 19. . . ., before me personally came 
 
 A. B., the attorney of C. D., to me personally known, and known to me 
 to be the individual described in, and who, as such attorney, executed 
 the within (or, above, or annexed) conveyance (or, instrument), and ac- 
 knowledged that he executed the same as the act and deed of C. D., 
 therein described, by virtue of a power of attorney' duly executed by the 
 
 said C. D., bearing date the day of in the year 19. . . . 
 
 (and recorded in the office of the register in and for the City and County 
 
 of , on the day of in the year ) 
 
 (Signature and title.) 
 
 BY ATTORNEY IN FACT, NOT KNOAVN TO THE OFFICER. 
 
 STATE OF NEW YORK, ) ^^ 
 County of j 
 
 On this day of , 19. . . ., before me personally came 
 
 A. B., proven satisfactorily to me to be tlie individual described in, and 
 who executed the within (or, above, or, annexed) conveyance (or, instru- 
 ment), as the attorney of fact of C. D., by the oath of M. N., who, being 
 
172 RoupcH's Manual. 
 
 by me duly sworn (or, affirmed), did depose and say: That he resided in 
 
 the town of , in the county of that he was 
 
 acquainted with the said A. B., and that he Icnew him to be the individual 
 described in, and who executed the said conveyance, as the attorney in 
 fact of C. D.; and thereupon the said A. B. acknowledged before me that 
 he executed the same as the act and deed of the said C. D. 
 
 » (Signature and title.) 
 
 BY A SHBRimF, BBFEREiH, OiR HElOKIVEMl. 
 
 STATE OF NEW YORK, 
 
 County of 
 
 On this.' ...... .day of , 19. ., before me personally came A. 
 
 B., s'herifif of the County of (or, late sheriff of the County 
 
 of ; or, referee in the cause within named; or, receiver in, etc.), 
 
 to me personally known, and known to me to be the individual described 
 in, arid who executed the within (or, above; or, annexed) conveyance 
 (or, instrument), and acknowledged that he executed. the same. 
 
 (Signature and title.) 
 
 BY DiBPUiTY OR ITJTDBR-SHOBJRIinF'. 
 
 STATE OF NEW YORK, 
 
 County of 
 
 On this day of , 19. ., before me personally came A. 
 
 B., personally known to me to be the deputy (or, under-sherifi) of C. D., 
 
 sheriff of the County of , and the individual described in thf 
 
 within (or, above; or, annexed) conveyance (or, instrument); and 
 acknowledged that he, as deputy (or, under-sheriff), as aforesaid, had exe- 
 cuted the same in the name, and as the act and deed of the said sheriflE. 
 
 (Signature and title.) 
 
 BY EXBCCTOR OR TRUSTEnB. 
 
 STATE OF NEW YORK, I 
 
 - (- ss. 
 
 County of ) 
 
 On this. .. day of , in the year 19. ., before me personally 
 
 came A. B., executor of the last will and testament (or, trustee of the 
 
 estate) of C. D., to me personally known to be the individual described 
 
 in, and who executed the within (or, above; or, annexed), conveyance 
 
 (or, instrument), and acknowledged that he executed the same as such 
 
 executor (or, trustee), as aforesaid. 
 
 (Signature and title.) 
 
 AOKNOWLBDGMIEINT BY OORPORATION. 
 
 STATE OF NEW YORK, 
 
 County of. 
 
 On this day of , in the year 19. ., before me personally 
 
Rouech's Manual. , 173, 
 
 came A. B., to me known, who, being by me duly sworn, did depose 
 
 and say, that he resided in that he is the (president 
 
 or other officer) of the (name of corporation) the corporation described 
 in, and which executed the above instrument; that he knew the seal of said 
 corporation; that the seal affixed to said instrument was said corporate 
 seal; that it was so affixed by order of the board of directors of the said 
 corporation, and that he signed his name thereto by like order. 
 
 (Signature and office of officer taking acknowledgment.) 
 
 NORTH CAROLINA. 
 
 AOKNOWliEDGiMlEINT. 
 
 STATE OF NORTH CAROLINA, ) 
 COUNTY OF ( ' ■ 
 
 I, A. B. (here give the name of officer, as the case may be), do hereby 
 certify that (here give the name of grantor and, if acknowledged by wife, 
 her name, and add "Ms wife"), personally appeared before me this day, and 
 acknowledged the due execution of the foregoing (or, annexed) deed of 
 conveyance (or, other instrument), and (if the wife is a signer), the said, 
 (here give wife's name), being by me privately examined, separate and 
 apart from her said husband,' touching her voluntary execution of the 
 same, doth state that she signed the same, freely and voluntarily, without 
 fear or compulsion of her said husband, or any other person, and that 
 she doth still voluntarily assent thereto. 
 
 WITNESS my hand and seal (private or official, as the case may be)^ 
 this ((lay of month), A. D. (year). 
 
 (Seal and signature of officer.) 
 
 CBRTI'PIOATB WHEX AOKlVOWtl-EiDia MBNT TAKEN BY JUSTICE 
 OF THE PEACE. 
 
 STATE OF NORTH CAROLINA, \ 
 
 COUNTY OF j • 
 
 The foregoing (or, annexed) certificate of A. T!., a justice of the peace- 
 
 of county, is adjudged to be correct. Let the deed (or, other 
 
 instrument), with the certificate, be registered. 
 
 (Signature of the Clerk.) 
 (Seal of the Court.) 
 
 OERTIPIOATB WHERE AOKJVO^WlLEiD CMBJiT IS TAKEN FOR IX- 
 STRlIMlBlVT TO BE HElGnSO'EnEtE'D, ETC., WITHOrfT THE OOUNTY 
 OR STATEl. 
 
 STATE OF I gg 
 
 County of \ 
 
 I HEREBY CERTIFY that A. B. (insert the name of officer taking- 
 the proofs, etc.) was, at the time of signing the foregoing certificate, z- 
 
174 Rouech's Manual. 
 
 (justice of the peace) in and for the County of and State of 
 
 , and that his signature thereto is in his own proper hand- 
 writing. 
 
 IN WITNESS WHEREOF, I hereunto set my hand and seal oi 
 
 office, this day of , 19. . . 
 
 (Signature of Clerk.) 
 (Seal of Office.) 
 
 NORTH DAKOTA. 
 
 , A;0KIV0WI;EIDGME3NT. 
 
 STATE OF NORTH DAKOTA, | ^^ 
 
 County of ) 
 
 On this day of , 19. ., personally appeared , 
 
 known to me (or, proved to me on the oath of ) to be the person 
 
 who is described in*, and who executed the within instrument^ and 
 acknowledged to me that he (or, they) executed the same. 
 
 (Signature and official title.) 
 
 AOKNOWl.BaDGiMlBNa' WY ATTORNEY I N FACT. 
 
 (As in Form abo-ve to *:) and whose name is subscribed to the 
 
 wilhin instrument as the attorney in fact of and acknowledged to 
 
 me that he subscribed the name of .thereto as principal and his 
 
 own name as attorney in fact. 
 
 (Signature and official title.) 
 
 AOKNCnVLEDGMENT BY CORPORATION. 
 
 STATE OF NORTH DAKOTA, | ^^ 
 
 County of ) 
 
 On this day of , in the year , before me (here 
 
 insert the name and quality of the officer) personally appeared , 
 
 known to me (or, proved to me on the oath of ) to be the president 
 
 (or, the secretary) of the corporation that is described in, and that exe- 
 cuted the within instrument, and acknowledged to me that such corpora- 
 tion executed the sarrje. 
 
 (Signature and official title.) 
 
 AOKN'O'WIVHDG'MENT BY DEPUTY SHERIFF. 
 
 STATE OF NORTH DAKOTA, ) ^^ 
 
 County of ) I 
 
 On this day of , in the year before me, a 
 
 in and for said county, personally appeared , known to me to 
 
 be the person who is described in and whose name is subscribed to the 
 within instrument as deputy sheriff of said county, and acknowledged to 
 
 me that he subscribed the name of thereto, as sheriff of said 
 
 county, and his own name as deputy sheriff. 
 
 (Signature and official title.) 
 
Rouech's Manual. 175 
 
 OHIO. 
 
 AOK]VOWI/ED«lMElNT BY HUSBAJllD AND WIFE. 
 
 STATE OF OHIO, ) „ 
 
 > ss 
 
 County of 
 
 BE IT REMEMBERED, That on the day of one 
 
 thousand nine hundred and , before nie, A. B. (here insert official 
 
 title), in and for said county, personally appeared C. D. and E. D., his 
 wife, the grantors in (he foregoing instrument, to me known, and severally 
 acknowledged that they did severally sign and seal and acknowledge the 
 within deed as their free act and deed, for the uses and purposes therein 
 mentioned. And the said E. D., wife of the said C. D., on an examination, 
 separate and apart from her husband, I having first read over and made 
 known to her the contents of the within deed, did declare that she did 
 voluntarily sign and acknowledge the same, and that she is still satisfied 
 therewithi as her act and deed. 
 
 IN WITNESS WHEREOF, etc. 
 
 (Seal.) (Signature and title of Office.) 
 
 AOKNOWIi.ED'GiMEKT BY COHPOR.ATIO N. 
 
 STATE OF OHIO, ) ^^ 
 
 County of ) 
 
 BE IT REMEMBERED, That on the day of. ........ etc., per- 
 sonally appeared before me A. B. (here insert official title), in and for 
 said county; C. D., who is the president (or, other officer or agent) of the 
 (here insert name of the corporation or association), and acknowledged 
 that the name of sai-d company was subscribed to the foregoing indenture 
 by himself as the president (or other officer or agent) thereof, and that 
 the seal affixed thereto is the seal of said company (or, association), and 
 that the said name was subscribed and the said seal attached to the fore- 
 going indenture by the direction and authority of the said company (or, 
 association), and that the foregoing indenture is the act and deed of the 
 
 said corporation (or, association), for the uses and purposes 
 
 therein mentioned. 
 
 IN WITNESS WHEREOF, etc. 
 
 (Seal.) (Signature and title of officer.) 
 
 OKLAHOMA TERRITORY. 
 
 ACKiN-OWl,EIDG>IBXT. 
 
 TERRITORY OF OKLAHOMA, ) 
 _ , , f ss. 
 
 County of ) 
 
 On this day of in the year , before me personally 
 
 appeared known to me (or, proved to me on the oath of ) 
 
176 Rouech's Manual. 
 
 known to me to be the person who is described in, and who executed the 
 within instrument, and acknowledged to me that he (or, they) executed 
 the same. 
 
 (Seal.) A. B., 
 
 (Official title) 
 
 AOKNOAVTUEIHGIMEINT BY CORP'OKATIO IT. 
 
 TERRITORY OF OKLAHOMA, I 
 COUNTY OF ) ■ ■ 
 
 On this day of , in the year 19 , before me, A. B., 
 
 a (here insert the name and official title of officer), personally appeared 
 
 known to me (or, proved to me on the oath of )* 
 
 to be the president (or, secretary) of the corporation that is described 
 in and that executed the within instrument, and acknowledged to me that 
 such corporation executed tlie same. A. B. 
 
 (Seal.) (Official title.) 
 
 AOKIV0-WljEir>GME.JiT BY ATTORNEY IN FACT. 
 
 (As in last proceeding form to *:) to be the person Who is described 
 in and whose name is .subscribed to the within instrument as attorney ill 
 
 fact of and acknowledged to me that he subscribed the name of 
 
 thereto as principal, and his own name as attorney in fact. 
 
 (Seal.) A. B., 
 
 (Official title.) 
 
 OREGON. 
 
 AOKNOWLlEIDGMEaVT. 
 
 STATE OF OREGON, { 
 
 r SS. 
 County of ) 
 
 Before the undersigned, A. B. (here insert official title), for the. .• 
 
 county, personally appeared, on this day of , 19 , the 
 
 within named C. D.,* to me known to be the individual described in 
 and who executed the within conveyance, and acknowledged to me that 
 he executed the same. 
 
 IN WITNESS WHEREOF etc. 
 
 (Seal.) (Signature and title of officer.) 
 
 ACKjrO'WL.BIDGMBNT BY ATTORNEY IN PACT. 
 
 As in the last preceeding form to *:) by his attorney in fact, E. D., to 
 me known to be the individual described in and who executed the within 
 conveyance, for and on behalf of the said S. D., and acknowledged that 
 he executed the same, this day of , 19. . . 
 
 (Seal.) (Signature and title of ofificer.) 
 
Rouech's Manual. 1^7 
 
 PENNSYLVANIA. 
 
 ACKSrO(WiI.EJD'GlM!E»VT BUn JfUSBANID AND WEPB, 
 
 STATE OF PENNSYLVANIA, ) ^^ 
 County of ) 
 
 BE IT REMEMBERED, That on this day of , 19...^ 
 
 before me (here insert name and official title) personally came A. B., and 
 C. B., his wife, and severally acknowledged the foregoing instrument to 
 be their act and deed; and the said C. B., being of full age, and being by 
 me, separate and apart from her husband, duly examined, and the con- 
 tents of said instrument being fully made known to her, did declare that 
 she did, voluntarily and of her own free will and accord, and without any 
 coercion or compulsion on the part of her said husbandj seal, sign, execute 
 and deliver the same. 
 
 I WITNESS WHEREOF, I have hereunta set my hand and official 
 
 seal, this day of ,19... 
 
 (Seal, signature and title of officer.^ 
 
 AOKIVOWl.EDiGCHIEJNT BY CORPOHATIO N. 
 
 STATE OF PENNSYLVANIA, 
 County of 
 
 BE IT REMEMBERED, That on this day of , 19...,. 
 
 before rae (here insert name and official title), personally appeared (here 
 insert name and title of officer making acknowledgment), who, being duly 
 sworn, deposes and says that he was personally present at the execution- 
 of the foregoing instrument, and did affix the common or corporate seaf 
 of the above-named corporation, and that the seal so affixed to the fore- 
 going instrument is the common or corporate seal of said corporation, 
 and that the foregoing instrument was duly signed, sealed and delivered 
 as and for-the act and deed of the said corporation, and that the signature, 
 of the deponent to the said instrument is (here insert title of officer mak- 
 ing the acknowledgment), in this deponent's own proper handwriting. 
 
 Sworn to and subscribed before me, 
 this day of , 19. . . 
 
 RHODE ISLAND. 
 
 AOKNOWLiEHGIMIEVNT BY MUSBAKB A WD WlWEt. 
 
 STATE OF RHODE ISLAND, ) ^^ 
 County of f 
 
 On this day of , nineteen hundred and , before- 
 
 me (name and official title), personally appeared A. B., and C. B., his wife,. 
 
 (12) 
 
178 Rouech's Manual. 
 
 ki'-own to me, and known to be the persons who executed the foregoing 
 instrument, and each of them severally acknowledge said instrument' to 
 be their free act and deed. 
 
 IN WITNESS WHEREOF, I set my hand and seal at the day and 
 year first above written. 
 
 (Seal.) M. N. 
 
 (Official title.) 
 SOUTH CAROLINA. 
 
 AOKNOWUEajGWIBNT BY MAaRRIEO) WOMAN. 
 
 STATE OF SOUTH CAROLINA, ] gg 
 County of \ 
 
 I, F. G., (judge, trial justice, or other officer, as the case may be), 
 do hereby certify unto all whom it. may concern, that E. B., the wife of 
 the within-named A. B., did this day appear before me, and upon being 
 privately and separately examined by me, did declare that she does freely, 
 voluntarily and without any compulsion, dread, or fear of any person or 
 persons whomsoever, renoimce, release and forever relinquish unto the 
 within-named C. D., his heirs and assigns, all her interest and" estate and 
 also all her right and claim of dower of, in or to, all and singular, the 
 premises within mentioned and released. 
 
 GIVEN under my hand and seal, this day of Anno 
 
 Domini 
 
 (Seal.) "F. G." E. B. 
 
 SOUTH DAKOTA. 
 
 Forms and provisions practically the same as in North Dakota. See 
 North Dakota. 
 
 TENNESSEE. 
 aiok;nO'^vx.bd«smk.nx Biejfore cx<e:irk , eitc. 
 
 STATE OF TENNESSEE, 
 County of 
 
 Personally appeared before me clerk (or, deputy clerk) of 
 
 the county court of said county, the within-named bargainor, with whom 
 I am personally acquainted, and who acknowledged that he executed the 
 within instrument for the purposes therein contained. 
 
 WITNESS my hand, at office, this day of 
 
 (Seal when required.) (Signature and title.) 
 
 AOKJfrOTVUBnjiGMEiNT BY SITBlSiORIBIN G< WITNESS. 
 
 STATE OF TENNESSEE, \ ^^ 
 
 County of ) 
 
 Personally appeared before me clerk (or, deputy clerk) of 
 
 the county court of county afore.said, and sub- 
 scribing witnesses to the within deed, who, being first sworn, deposed and 
 
Rouech's Manual. 179 
 
 said, that they are acquainted with , the bargainor (or, as the 
 
 case may be), and that he acknowledged the same, in their presence, to 
 be his act and deed, upon the day it bears date( or, stating the time, as 
 proved by the witnesses). 
 
 WITNESS my 'hand, at office, this day of 19. . . 
 
 (Official seal when required.) (Signature and title.) 
 
 AOKNOWL.EI>GlME(lVT BY HUSBAK1D AND WIPE. 
 
 Add to the acknowledgment above prescribed the following certifi- 
 ■cate, on the back of the deed, or annexed to it: 
 
 And D. E., wife of the said C. E., having appeared before me, pri- 
 vately and apart from her husband, the said C. E., acknowledged the exe- 
 cution of the said deed to have been done by her freely, voluntarily and 
 understand'ingly, without compulsion or constraint from her said husband, 
 .and for the purposes therein expressed. 
 
 WITNESS my hand and official seal, this day of 19. . . 
 
 (Seal.) (Signature and title.) 
 
 OEJRTI'FIOATB OF ACKNOrWLEajlGMKN T BiY WIFE. 
 
 STATE OF TENNESSEE, l_ ^^ 
 
 County of ) 
 
 wife of , having personally appeared before me, 
 
 and having, by virtue of the authority in me vested, been examined pri- 
 vately and apart from her said husband, and she having acknowledged the 
 due execution of the within (or, annexed) deed by her freely, voluntarily 
 and understandingly, without compulsion or constraint by her said hus- 
 band, and for the purposes therein expressed, the same is therefore cer- 
 tified. 
 
 WITNESS my hand and seal, this day of ..., nineteen 
 
 hundred and 
 
 TEXAS. 
 AOKJfOWIiEIDGMBjVT. 
 
 STATE OF TEXAS, j. ^^ 
 
 County of ) 
 
 Before me (name and official title), on this day, personally appeared 
 
 , known to me (or, proved to me on the oath of ) to 
 
 be the person wliose name is subscribed to the foregoing instrument, and 
 acknowledged to me that he executed the same for the purposes and con- 
 sideration therein expressed. 
 
 GIVEN under my hand and seal, of office, this day of , 
 
 A. D., nineteen hundred and 
 
 (Seal.) (Signature and official title.) 
 
l8o Rouech's Manual. 
 
 AOKIVOWILBDiGHMEJ™ BTf MiAiRRIESD WOMAN. 
 
 STATE OF TEXAS, | ^^ 
 
 County of ( 
 
 Before me (name and official title), on this day, persqnally appeared 
 
 , wife of , known to me (or, proven to me on the oath 
 
 of ), to be the person whose name is subscribed to the foregoing 
 
 instrument, and having been examined by me privately and apart from 
 her husband, and having the same fully explained to her, she, the said 
 
 . .■ , acknowledged such instrument to be her act and deed, and 
 
 declared that she 'had willingly signed the same for the purposes and con- 
 sideration therein expressed, and that she did rot wish to retract it. 
 
 GIVEN under my hand and seal of office, this day of ,, 
 
 A. D., 19... 
 
 (Seal.) (Signature and official title.) 
 
 AOKiNOWIMSlDGiMEINT BY SUBSCiItlBnirG "WITJfESS. 
 
 STATE OF TEXAS, j ^.^ 
 
 County of ( 
 
 Before me (name and official title), this day, personally appeared 
 
 , known to me (or, proved to me on the oath of ) to be 
 
 the person whose name is subscribed as a witness to th-e foregoing instru- 
 ment of writing, and after being duly sworn by mp, stated on oath that he 
 saw , the grantor, or person who executed the foregoing instru- 
 ment, subscribe the same (or, that the grantor or person who executed 
 ■ such insitrument of writing, aicknowledged in his presence fhat he had exe- 
 cuted the same for the purposes and consideration therein expressed), 
 and that he had signed the same as a witness at the request of the grantor 
 (or, person who executed the same). 
 
 GIVEN under my hand and seal of office, this day of ,. 
 
 19.... 
 
 (Seal.) (Signature and official title.) 
 
 UTAH. 
 
 AOKNO'WL.'EID'G.MEJNT. 
 
 STATE OF UTAH, ( 
 
 COUNTY OF 1 
 
 On the day of , A. D., personally appeared; 
 
 before me A. B., the signer of the above instrument, who duly acknowl- 
 edged to me that he executed the same. 
 
 (Signature and official title.) 
 
 ACKNiOWUEaJGIMENT BY CORPORATION. 
 
 STATE OF UTAH, 
 
 County of 
 
 On the day of A. D., personally appeared 
 
 before me A. B., who, being by me duly sworn (or, affirmed), did say 
 
Rouech's Manual. i8i 
 
 that he is the president (or other officer or agent, as the case may be) of 
 (naming the corporation), and that said instrument was signed in behalf 
 of said corporation by authority of its by-laws (or, by resolution of its 
 board of directors, as the case may be), and said A. B. acknowledged 
 to me that the said corporation executed the same. 
 
 (Signature and official title.) 
 
 AOKJTOfWXiBIDGIMiEnVT BY GUl^jIVTOB UjVKJTOWTV to OFIFlOBiR, 
 
 STATE OF UTAH, / ^^ 
 
 County of ) 
 
 On this day of ., A. D., , personally appeared 
 
 before me A. B. (satisfactorily proved to me to be the signer of the aibove 
 instrument by the oath of C. D., a competent and credible witness for 
 that purpose, by me dluly sworn), and he, the said A. B., acknowledged 
 that he executed the same. 
 
 (Signature and official title.) 
 
 ACKllti10rVirLJEa>GM'MlirT BY StroSORIBING ■WITNESS. ' 
 
 STATE OF UTAH, ) ^^ 
 
 County of ) 
 
 On this day of , A. D., before me personally appeared 
 
 A. B., personally known to me (or, satisfactorily proved to me by the 
 oath of C. D., a competent and credible witness for that purpose, by me 
 duly sworn), to be the same person whose name is subscribed to the 
 above instrument as a witness thereto, who, being by me duly sworn, de- 
 poses arid says that he resides in , County of , and 
 
 State of Utah; that he was present and saw E. F., personally known to 
 him to be the signer of the above instrument, as a party thereto, sign 
 and deliver the same, and heard him acknowledige that he executed the 
 same, and that he, the deponent, thereupon signed his name as a sub- 
 scribing witness thereto, at the request of the said E. F. 
 
 (Signature and official title.) 
 
 VERMONT. 
 
 AOKNa-VPrLOHDGiMHNT. 
 
 y ss. 
 
 STATE OF VERMONT, 
 County of 
 
 At on this day of ig , personally appeared 
 
 and acknowledged this instrument by him sealed andl sub- 
 scribed, to be his free act and deed. 
 
 Before m'e, A. B. 
 
 (Official title.) 
 
1 82 R'ouech's Manual. 
 
 VIRGINIA. 
 
 A CK'N Orwli EOOGBMEINT. 
 
 STATE OF VIRGINIA, Uo-wit: 
 
 County of ) 
 
 I :. ., clerk of court (or, a justice of the peace;. 
 
 or, commissioner in chancery of the court; or, notary public), for 
 
 the county (or, corporation) aforesaid, in the state (or, territory; or, dis- 
 trict) of '., do certify that E. F. (or, E. F., and G. H,, etc.), 
 
 whose name (or, names) is (or, are) signed to the writing above (or,. 
 
 hereto annexed), tearing date on t'he day of has (or, 
 
 have) acknowledged the same before me, in my county (or, corporation) 
 aforesaid. 
 
 GIVEN under my hand, this day of , 19. . . 
 
 (Seal.) (Signature and official title.) 
 
 AOKN1O1AVX.EID1GME1NT BEJPORE C'OMMI SSIOJfEK, ETC. 
 
 STATE (Or, TERRITORY; or, DISTRICT) OF ) ^„,^^,i^. 
 
 County of ) 
 
 I, a commissioner appointed by the governor of the State of Virginia. 
 
 for the said state (or, territory; or, district) of , certify, that 
 
 E. F. (or, E. F., and G. H., etc.), whose name (or, names) is (or, are) 
 signed to the writing above (or, hereto annexed), bearing date on the. .. . 
 
 day of , has (or, have) acknowledged the same before me, in 
 
 my state (or, territory; or, district) aforesaid. 
 
 GIVEN under my hand, this day of , Anno Domini, 
 
 19... 
 
 (Seal.)- (Signature and official title.) 
 
 WASHINGTON. 1 
 
 AOKlVOWLEIDGiMEnVT. 
 
 STATE OF WASHINGTON, ) ^^ 
 
 County of j 
 
 I (here give name of officer and official title) do hereby certify, that 
 
 on this day of , 19..., personally appeared before me 
 
 (name of grantor or mortgagor, and, if acknowledged by wife, her name,, 
 and add "his wife"), to me known to be the individual (or, individuals) 
 described in and who executed the within instrument, and acknowledged 
 that he (she, or they) signed and sealed the same as his (her, or, their)' 
 free and voluntary act and deed, for the uses and purposes therein men- 
 tioned. 
 
 GIVEN under my hand and official seal, this day of , 
 
 A. D., one thousand and 
 
 ' (Seal.) (Signature of officer.) 
 
Rouech's Manual. 183 
 
 WEST'VIRGINIA. 
 
 AOKIVOWLEDGMEWT. 
 
 STATE (or, TERRITORY; or, DISTRICT) OF I to-wif 
 
 County of j 
 
 I, a commissioner appointed by the governor of the State of West 
 
 Virginia, for the said State (or, territory; or. district) of ; or, I 
 
 (name of officer), a justice* of the county aforesaid; or, I (name of offi- 
 cer), recorder of said county; or, I (name of officer), a notary of said 
 
 county; or, I (name of officer), a prothonotary or clerk of the 
 
 court of said county, do certify that , whose name (or, names) 
 
 is (or, are) signed to the writing above (or, hereto annexed), bearing 
 
 date on the dlay of , has (or, have) this day acknowledged 
 
 the same before me in my said 
 
 GIVEN under my hand, tlhis day of 
 
 (Seal when required.) (Signature and title of officer.) 
 
 AOKN'OiWIyE/D'GMEJNT BY HUSBAND A> D WIFE, OR BiY WIPE ALONEi. 
 
 (As in preceding form to *:) of the peace of said County of ; 
 
 or, I (name of officer), a notary of the -said County of ; or, I 
 
 (name of officer), a prothonotary (or, clerk) of the court (or, county) of 
 (or other officer or person authprized to take acknowl- 
 edgments, as the case may be), do hereby certify that 
 
 and , his wife, (or, that , the wife 
 
 of ), whose name (or, names) is (or, are) signed to the writing 
 
 above (or, hereto annexed), bearing date the. . . .day of , 19. . .,■ 
 
 have (or, has) this day acknowledged the same before me in my said 
 
 AND I FURTHER CERTIFY, That before taking such acknowl- 
 edgment, it was proved to my satisfaction that the real estate in said writ- 
 ing mentioned was the sole and separate property of said , and 
 
 that she was at the date of said writing, and now is, living separate and 
 apart from her husband (or, that 'her husband is non compus mentis). 
 
 GIVEN under my hand, this day of 19. . . 
 
 (Seal when required.) (Signature and. title of officer.) 
 
 AOKSO'WIL.EDGMBBVT BY CORPORATION. 
 
 (As in Form second above to -f- :) do certify, that personally 
 
 appeared ibefore me in my said and being by me duly sworn (or, 
 
 affirmed), did depose and say, that he is the president (or, other officer 
 and agent) of the corporation (or, association) described in the writing 
 
 above (or, writing annexed), bearing date the day of , 
 
 19. .., authorized by said corporation (or. association), and that the seal 
 affixed to said writing is the corporate seal of said corporation (or, the 
 seal of the said association, as the case may be), and that said writing was 
 
i84 Rouech's Manual. 
 
 signed and sealed by him in behalf of said corporation (or, association), 
 
 by its authority duly given. And the said acknowledged the said 
 
 writing to be the act and deed of said corporation (or, association). 
 
 (Signature and title of officer taking acknowledgment.) 
 (Seal when required.) 
 
 WISCONSIN. 
 
 STATE OF WISCONSIN, I ^^ ^ 
 
 County of ) 
 
 Personally came before me this day of , 19. . ., the above 
 
 (or, within) named and , his wife (or, if an officer, 
 
 adding the name of his office), to me known to be the person (or, per- 
 sons) who executed the foregoing (or, within) instrument, and acknowl- 
 edged the same. 
 
 (Name and official title.) 
 
 WYOMING. 
 
 ACKNOWHiEJOGilttEINT. 
 
 STATE OF WYOMING, ) ^^ 
 
 ■County of j 
 
 I (name and official title) do hereby certify, that , person- 
 ally known to me as the person whose name is subscribed to the annexed 
 instrument, appeared before me this day in person, and acknowledged 
 that he signed, sealed and delivered the said instrument of writing as his 
 iree and voluntary act, for the uses and purposes therein set forth. 
 
 GIVEN un,der my band and seal, this day of 19 
 
 <Seal.) (Name and official title.) 
 
INDEX. 
 
 PAGE 
 
 ACCEPTANCE— 
 
 For honor 46 
 
 Form of, of bill or note 47 
 
 How made 45 
 
 Presentment for, (see "Presentment") 31 
 
 "Supra protest" 46 
 
 What constitutes an 45 
 
 ACKNOWLEDGMENT— 
 
 Authentication of, certificate of 21 
 
 Caption for 20 
 
 Certificate of 18 
 
 Date of, important 23 
 
 Definition of 16 
 
 Fees for taking 96 
 
 Forms of, for Michigan 20 
 
 Forms of, for other States 149-184 
 
 General hints where taken out of State ; 24 
 
 Interlineation or erasures in certificate of may not afifect the 
 
 validity of deed 23 
 
 Laws of the locality where land is situated, to be followed in 
 
 taking 24 
 
 -Manner of taking 18 
 
 No part of a deed 23 
 
 Not to be taken through an interpreter 24 
 
 Object of 16 
 
 Of deed executed in foreign country 22 
 
 Where to be placed on the instrument 24 
 
 Who may take 16 
 
 -ADDRESS- 
 
 On deposition, after completing and sealing 83 
 
 ■"ACTUAL PROTEST"— 
 
 What is 28 
 
 ADMINISTERING OATH— 
 
 Fee for in special cases 96 
 
 To affiant, manner of (^-j 
 
 .ADMINISTRATOR— 
 
 Of notary to deposit records with county clerk 14 
 
INDEX. 
 
 PAGE 
 AFFIANT— 
 
 Administering oath to 67 
 
 Allegations of in affidavit, how made 63 
 
 Signature of to an affidavit 64 
 
 Who is an 58 
 
 AFFIDAVIT— 
 
 Administering oath to affiant in ()-j 
 
 Affiant's allegations in 63 
 
 Authentication of 66 
 
 Authority to take 1 1 
 
 Fee for drawing 96 
 
 Formal requisites of S9 
 
 Form of title to 61 
 
 Form of jurat to 66 
 
 Introductory statements of officer 63 
 
 Jurat to 65. 
 
 Of debt, Michigan statutes relative to 98- 
 
 Of debt, forms of 99 
 
 Of posting notice, form of 105 
 
 Of publication, by printer, general in Probate Court, form of. .. . 106 
 
 Of publication of notice of mortgage sale, form of 106 
 
 Or proof of service of notice of hearing or trial, form of 107 
 
 Signature of affiant to 64 
 
 Substance of ." 67 
 
 Test of sufficiency of S8 
 
 Title to Sg- 
 
 Title to, form of 61 
 
 Venue of ,. 61 
 
 What is an 58' 
 
 AFFIRMATION— 
 (See "Affidavit".) 
 
 Form of 79 
 
 AGE— 
 
 Of applicant for appointment as notary 6 
 
 AGENT— 
 
 Acceptance by, holder may require proof of authority '. 45 
 
 Demand of payment on 33 
 
 Notary Js, of the holder 29 
 
 ALABAMA— 
 
 Form of acknowledgment in 149. 
 
 ALLEGATIONS— 
 
 In affidavit, how made .• 63! 
 
INDEX. 
 
 PAGE 
 
 APPLICATION— 
 
 For appointment as notary, how made 7 
 
 Form of, for appointment as notary 8 
 
 Forms for, to be furnished by Secretary of State 7 
 
 For appointment, fee to accompany 7 
 
 APPOINTMENT— 
 
 Application for, how made, fee to accompany, etc 7 
 
 Form of application for 8 
 
 Who made 'by 7 
 
 Of notary public 7 
 
 Application for 7 
 
 Who made by 7 
 
 Form of application for 8 
 
 Power of, with the Governor 7 
 
 Discretionary with appointive power 8 
 
 Blank applications tor, furnished by Secretary of State 7 
 
 ARIZONA— 
 
 Forms of acknowledgments in 150 
 
 ARKANSAS— 
 
 Forms of acknowledgments in 151 
 
 ASSIGNMENT— 
 
 Of mortgage, forms of ' 1 128 
 
 Of chattel mortgage, form of 115 
 
 AUTHORITY— 
 
 Or power of notary public 11 
 
 To take oaths and affidavits 11 
 
 Conferred by statutes 12 
 
 AUTHENTICATION— 
 
 Of certificate of acknowledgment 21 
 
 Form of certificate of, to acknowledgment 22 
 
 Of an affidavit 66 
 
 BANKRUPTCY— 
 
 Forms of proofs of claims in 102-105 
 
 BILL OF SALE— 
 
 As a chattel mortgage 117 
 
 Form of 117 
 
 BOND— 
 
 Form of, general 147 
 
 Official, of Notary Public to be given 9 
 
 Official, of Notary Public, form of 10 
 
 CALIFORNIA— 
 
 Forms of acknowledgments in 152 
 
 CAPTION— 
 
 To a deposition where there are interrogatories, form of 80 
 
 To a deposition where witnesses are examined by counsel, form of 81 
 
INDEX. 
 
 PAGE 
 
 CERTIFICATE— 
 
 Of acknowledgment, essentials of i8 
 
 Of acknowledgment, forms of in Michigan 20 
 
 Of Acknowledgment, where to be placed on the instrument 24 
 
 Of Notary as. evidence 11 
 
 Of commission, to deposition 82 
 
 CERTIFICATE OF PROTEST— 
 
 Definition of 27 
 
 Form of .' ' 34 
 
 Necessity of seal to SS 
 
 What to contain 53 
 
 CHATTEL MORTGAGE— 
 
 Assignment of, form for IIS 
 
 "Commercial" form of iii 
 
 Default clause in, form for 109 
 
 Discharge of 116 
 
 Discharge of, form for ; 116 
 
 Effect of having witnesses to 108 
 
 Forms for 107, 114 
 
 Insurance clause in, form for no 
 
 Need not be under seal 108 
 
 Need not be witnessed or acknowledged 108 
 
 Renewal, form of affidavit for 1 14 
 
 Tax clause in, form for in 
 
 CIRCUIT COURT COMMISSIONER— 
 
 When Notary may perform the duties of II 
 
 CITIZEN— 
 
 Notary must be, of the State 6 
 
 CLAIMS— 
 
 Forms of proofs of 99-104 
 
 Form of proof of, in common law assignment loi 
 
 Form of proof of, against estate in Probate Court 102 
 
 Forms of proof of, in bankruptcy 102-105 
 
 COLORADO— 
 
 Forms of acknowledgments in. 153 
 
 COMMERCIAL PAPERS— 
 
 Chapter IV., Part 2 27 
 
 COMMERCIAL PROTEST— 
 (See "Protest") 
 Importance of 27 
 
 COMMISSION— 
 
 Of Notary Public, delivered by County Clerk 9 
 
 Fee to be paid upon receipt of 9 
 
 Record to be signed upon receipt of 9 
 
INDEX. 
 
 PAGE 
 
 To take testimony, form of 77 
 
 Uncalled for, to be returned to Secretary of State g 
 
 CONNECTICUT— 
 
 Forms of acknowledgments in 153. 
 
 DAKOTA— 
 
 (See "North" and "South Dakota.") 
 
 DAMAGES— 
 
 On protest 29. 
 
 DATE— 
 
 Of acknowledgment, authenticates the instrument 23, 
 
 Of deed not very important 23 
 
 DEBT— 
 
 Proof of form 99-100 
 
 Proof of 9S 
 
 DEED— 
 
 Forms of 120 
 
 How executed 17-119 
 
 How acknowledged when executed in foreign country 22 
 
 Penalty for using certain printed forms 119 
 
 Statutory provisions as to what constitutes a iiS 
 
 DELAWARE— 
 
 Forms of acknowledgments in 154 
 
 DEMAND— 
 
 Presentment and D., part of protest 28 
 
 Personal, not always necessary 43. 
 
 Who may make 30 
 
 DEPOSITIONS, (Chapter IV., Part 4)— 
 
 Captions for, forms of : 80, 81 
 
 Commission to take 76. 
 
 Commission to take, form of 77 
 
 Definition of , 69 
 
 Endorsement on by commissioner 82. 
 
 Form of Affirmation on taking 79 
 
 Form of certificate of commissioner to 82 
 
 Form of oath on taking 7g 
 
 How to be addressed, after completing 83 
 
 How to be returned 83 
 
 Manner of taking ■jj 
 
 Marking of exhibits attached to 82 
 
 Michigan statutes concerning the taking of 69 
 
 Mode of administering oath on taking 7p 
 
 Notice of taking 77 
 
 Notice of taking, form of 7g 
 
 To be certified by commissioner 81 
 
/^d. 
 
 INDEX. 
 
 , PAGE 
 DILIGENCE— 
 
 As to presentment of commercial paper 35 
 
 What required, of a Notary 94 
 
 DISCHARGE— 
 
 Of mortgage, forms of 130 
 
 Of chattel mortgage, form of 116 
 
 DISHONOR— 
 
 Noting the , 46 
 
 What constitutes 35. 46 
 
 DISTRICT OF COLUMBIA— 
 
 Forms of acknowledgments in IS5 
 
 ENDORSEMENT— 
 
 By commissioner, on deposition 82 
 
 EVIDENCE— 
 
 Certificate of Notary Public as i J 
 
 EXECUTION— 
 
 Of deeds, method of 17 
 
 ELIGIBLE TO APPOINTMENT AS NOTARY— 
 
 Who are 6 
 
 FALSE PROTEST— 
 
 Punishment for making 88 
 
 FEES— 
 
 List of, as prescribed by Michigan statutes 96-97 
 
 FLORIDA— 
 
 ' Forms of acknowledgment in 155 
 
 FOREIGN— 
 
 States are, to each other as to bills 28 
 
 FOREIGN SHIPMENTS— 
 
 Protest of 88 
 
 FORMS OF— 
 
 Acceptance of bill or note 47 
 
 Acknowledgments for Michigan _,.... 20 
 
 Acknowledgments for other States 149-184 
 
 Affidavit for renewal of chattel mortgage 114 
 
 Affidavit of posting notice 105 
 
 Affidavit of publication, Probate Court 106 
 
 Affidavit of, publication of notice of mortgage sale 106 
 
 Affirmation .' 79 
 
 Application for appointment as Notary Public 8 
 
 Assignment of chattel mortgage 116 
 
 Assignment of mortgage, short 128 
 
 Assignment of mortgage, long 128 
 
 Assignment of mortgage by a corporation 129 
 
 Bill of sale 117 
 
 Bond, general 147 
 
INDEX. 
 
 PAGE , 
 
 FORMS OF— 
 
 Bond, official of Notary Public ' lo 
 
 Captions for depositions 80, 81 
 
 Certificate of authentication to an acknowledgment 22 
 
 Certificate of protest 54 
 
 Certificate of <;omniissioner on deposition 82 
 
 Chattel mortgages 107-114 
 
 Commission to take testimony 77 
 
 Covenants, special in land contract (see "Land Contract") ... .134-138 
 
 Deeds , 120 
 
 Default clause in a chattel mortgage 109 
 
 Default clause in a land contract 136 
 
 Discharge of chattel mortgage 116 
 
 Discharge of mortgage 130 
 
 Discharge of mortgage by a corporation 130 
 
 Endorsement on deposition, by commissioner 82 
 
 Fire clause, in a lease 146 
 
 Insurance clause in a chattel mortgage no 
 
 Jurat to affidavit 66 
 
 Land contract 133 
 
 Leases 141-146 
 
 Marine protest 86 
 
 Mortgages 123-125 
 
 Notice of protest 47 
 
 Notice of taking testimony under commission 78 
 
 Oath of office of Notary Public 9 
 
 Oath of witness 79 
 
 Option for purchase of land ' 132 
 
 Proof of account or claims 100-106 
 
 Proof of service of notice of hearing or trial 107 
 
 "Proxy" 148 
 
 Renewal of chattel mortgage 114 
 
 Tax clause in chattel mortgage 1 1 1 
 
 Title to affidavit 61 
 
 V enue to affidavit g2 
 
 FUNCTIONS OF A NOTARY— 
 
 Chapter 4 16 
 
 GEORGIA— 
 
 Forms of acknowledgments in 157 
 
 GOVERNOR— 
 
 Power of appointing Notary, with - 
 
 HISTORY OF THE OFFICE OF NOTARY PUBLIC i 
 
 HOLIDAYS— 
 
 What are ^^ 
 
INDEX, 
 
 PAGE. 
 
 IDAHO— 
 
 Forms of acknowledgments in 157 
 
 IDENTIFICATION— 
 
 Of person acknowledging the execution of an instrument 19 
 
 ILLINOIS— 
 
 Forms of acknowledgments in 158- 
 
 INDIANA— 
 
 Forms of acknowledgments in iSP' 
 
 INDIAN TERRITORY— 
 
 Forms of acknowledgments in IS9> 
 
 INSTRUCTIONS— 
 
 Custooiary to send same with instrument 24 
 
 INTERLINEATION— 
 
 In acknowledgments, effect of 23. 
 
 INTERPRETER— 
 
 Acknowledgment not to be taken through an 24. 
 
 IOWA— 
 
 Forms of acknowledgments in i6c> 
 
 JURISDICTION— 
 
 Courts will take judicial notice of Notary's 11 
 
 Of Notaries, local in the State 10- 
 
 KANSAS— 
 
 Forms of acknowledgments in 161 
 
 'KENTUCKY— 
 
 Forms of acknowledgments in i6r 
 
 LAND CONTRACT— 
 
 Form of ^ 133. 
 
 Form of clause for possession of premises under 134. 
 
 Form of covenant in, to keep premises in repair 134 
 
 Form of covenant in, not to remove improvements or fixtures.. 134 
 
 Form of covenant in, to pay taxes on land only 134 
 
 Form of covenant in, to pay taxes on land and contract interest. 134 
 Form of covenant in, for payment of taxes by vendor in case of 
 
 default of vendee 135 
 
 Form of covenant in, to obtain insurance 135; 
 
 Form of covenants in, for a deed 135^ 135 
 
 Form of default clause in 136, 
 
 Form of covenant in, as to "time is essence of the contract". .. . 137 
 
 Form of covenant in, for binding heirs, executors, etc 137 
 
 Form of covenant in, against assignment, etc., of contract interest 137' 
 Form of clause used in a contract for a farm, covering matter set 
 
 forth in forms 60, 69 and 70 137- 
 
 Form of covenant in, not to destroy timber on the premises 138' 
 
 Form of covenant in, for a deed with mortgage back to vendor 
 
 upon payment of a specified amount J3g-, 
 
INDEX. 
 
 PAGE 
 
 LEASE— 
 
 Definition of 140 
 
 Michigan statute relative to being in writing 140 
 
 Use of a seal upon 140 
 
 Form of, short 141 
 
 Form of, with chattel mortgage security 142 
 
 Form of, of farm on shares 143 
 
 Form of, from month to month 146 
 
 Form of, security for payment of rent under 145 
 
 Form of fire clause in 146 
 
 LIABILITY— 
 
 Of Notary imposed upon is only for clear negligence 19 
 
 For negligence ■. 91-93 
 
 LOUISIANA— 
 
 Forms of acknowledgments in 161 
 
 MAINE— 
 
 Forms of acknowledgments in 162 
 
 MARINE PROTEST— 
 
 Chapter V 85 
 
 Form of 86 
 
 MARRIED WOMEN— 
 
 Execution of conveyance by, may be same as if she were sole. .. 18 
 
 MARYLAND— 
 
 Forms of acknowledgments in 162 
 
 MASSACHUSETTS— 
 
 Forms of acknowledgments in 163 
 
 MINNESOTA— 
 
 Forms of acknowledgments in 164 
 
 MISSISSIPPI— 
 
 Forms of acknowledgments in 165 
 
 MISSOURI— 
 
 Forms of acknowledgments in 166 
 
 MORTGAGE— 
 
 Form of release of part of premises covered by 131 
 
 Statutory provisions as to forms of 122 
 
 Forms of 123-125 
 
 Attorney's fee, effect of provisions for in 122 
 
 Form of acknowledgment to, by a corporation 127 
 
 Form of warranty clause for 127 
 
 Form of assignment of, short 128 
 
 Form of assignment of, long 128 
 
 Form of assignment of, by a corporation 129 
 
 Form of discharge of, 130 
 
 Form of discharge of, by a corporation 130 
 
INDEX. 
 
 PAGE 
 
 MONTANA— 
 
 Forms of acknowledgments in T i66 
 
 NATIONAL BANK PAPER— 
 
 Protest of , S6 
 
 NEBRASKA^ 
 
 Forms of acknowledgments in 167 
 
 NEGLIGENCE— 
 
 Notary's liability for 91 
 
 Must be gross ". 92 
 
 NEVADA— 
 
 Forms of acknowledgments in 167 
 
 NEW HAMPSHIRE— 
 
 Form of acknowledgment in 168 
 
 NEW JERSEY— 
 
 Forms of acknowledgment in 168 
 
 NEW MEXICO— 
 
 Forms of acknowledgments in 169 
 
 NEW YORK— 
 
 Forms of acknowledgments in 170 
 
 NON-ACCEPTANCE— 
 
 Certificate of Notary as evidence of 11 
 
 NON-PAYMENT— 
 
 Certificate of Notary as evidence of 11 
 
 NORTH CAROLINA— 
 
 Forms of acknowledgments in 173 
 
 NORTH DAKOTA— 
 
 Forms of acknowledgments in 174 
 
 NOTICE OF PROTEST— 
 
 What is, and elements of 47 
 
 To whom must be given . . , 48 
 
 To be signed 4p 
 
 Form of 47 
 
 To whom to be given 4g 
 
 How to be served 49^ 51 
 
 Need of promptness in giving 50 
 
 Between parties residing in same town 4g 
 
 "NOTING THE PROTEST"— 
 
 What is, and when to be done 46 
 
 NUMBER OF NOTARIES— 
 
 Not limited 8 
 
INDEX. 
 
 PAGE 
 
 OATH— 
 
 Of office of Notary Public, form of 9 
 
 Of office taken and filed by Notary Public 9 
 
 To witness, form of 9 
 
 OFFICE OF NOTARY— 
 
 History of i 
 
 Who eligible to : 6 
 
 OFFICIAL OATH— 
 
 Of Notary, to be taken and filed 9 
 
 Form of 9 
 
 OHIO— 
 
 Forms of acknowledgments in 175 
 
 OKLAHOMA TERRITORY— 
 
 Forms of acknowledgments in 175 
 
 OPTION FOR PURCHASE OF LAND— 
 
 Form for 132 
 
 OREGON— 
 
 Forms of acknowledgments in 176 
 
 PENNSYLVANIA— 
 
 Forms of acknowledgments in 177 
 
 PERSONAL DEMAND— 
 
 On presentment of bill or note not always necessary. 43 
 
 PLACE OF DEMAND AND PRESENTMENT OF BILL OR 
 
 NOTE 41 
 
 Depends somewhat upon the terms of the instrument 43 
 
 General rule as to 43 
 
 PRESENTMENT— 
 
 For acceptance 31 
 
 For payment, importance of 37 
 
 When properly made 35, yj 
 
 Who may make 30 
 
 How properly made 32 
 
 Place of 41 
 
 Waiver of -^ 44 
 
 And demand, part of protest ." 28 
 
 Personal demand not always necessary 43 
 
 PROOF OF ACCOUNT— 
 
 Forms of 100-106 
 
 PROOF OF CLAIM— 
 
 Forms of lOO-'OS 
 
 In bankruptcy, forms of 102-105 
 
 PROOF OF SERVICE OF NOTICE OF HEARING OR TRIAL 107 
 
INDEX. 
 
 PAGE 
 
 PROTEST, (see "Presentment" and "Demand," "Notice of Protest"). 
 
 Actual, what is 28 
 
 Certificate of 53 
 
 Form of certificate of ■ 54 
 
 Damages on 29 
 
 Definition of ^ 27 
 
 "Initial" 46 
 
 Rates allowed upon 30. 
 
 "Noting the" 46 
 
 Of National Bank Paper 56 
 
 What may be protested 28 
 
 Who makes the 28 
 
 Marine. Chapter V .• 85 
 
 Marine, form of 86 
 
 Of Foreign Shipmaster 88 
 
 False protests, punishment for making 88 
 
 Shipping protest 85 
 
 PROXY— 
 
 Form of '. 148 
 
 QUALIFYING— 
 
 Process of, as a Notary Public o 
 
 RE-APPOINTMENT— 
 
 How secured ; 
 
 RECORDS OF NOTARY PUBLIC— 
 
 Protection of 14 
 
 To be deposited in County Clerk's office 14 
 
 Penalty for destruction, etc., of ; 15 
 
 County Clerk to receive and safely keep 15 
 
 RELIGIOUS OPINIONS— 
 
 Witness not to be questioned as to 68 
 
 REMOVAL— 
 
 Power of, is vested in appointing power 14 
 
 RESIDENCE— 
 
 Certain length of time of, require in some States. .* . . ; 6 
 
 Of Notary to be in county for which appointed 10 
 
 REVENUE STAMPS— 
 
 When to be affixed to instruments of conveyancing 25 
 
 RHODE ISLAND— 
 
 Forms of acknowledgments in 177 
 
 SCRAWL OR SCROLL— 
 
 Cannot be substituted for a Notarial seal 21 
 
 SEAL— 
 
 Chapter V 89 
 
 Use of by Notary 89 
 
 Judicial notice taken of 89-90 
 
INDEX. 
 
 PAGE 
 
 SEAL— 
 
 Of notary in notice of protest, effect of go 
 
 Recognition of Notarial seal 21 
 
 Use of by Notary depends upon statute 21 
 
 Of Notary, to a protest, efifect of 90 
 
 To certificate of protest, necessity of 55 
 
 Scrawl cannot be substituted for •. . 21 
 
 Should be affixed to all instruments going out of State 24 
 
 SECURITY— 
 
 Form of, for payment of rent under a lease I45 
 
 SOUTH CAROLINA— 
 
 Forms of acknowledgments in 178 
 
 SOUTH DAKOTA— 
 
 Forms of acknowledgments in 178 
 
 •■SS"— 
 
 Use of — Note 25 62 
 
 TENDER— 
 
 Readiness to pay at the time and place mentioned in paper, is in 
 
 nature of 37 
 
 TENNESSEE— 
 
 Forms of acknowledgments in 178 
 
 TEXAS— 
 
 Forms of acknowledgments in 179 
 
 title- 
 To an affidavit 59 
 
 UTAH— 
 
 Forms of acknowledgments in 180 
 
 VENUE— 
 
 Of an affidavit 61 
 
 Form of 62 
 
 VERMONT— 
 
 Form of acknowledgment in 181 
 
 VIRGINIA— 
 
 Forms of acknowledgments in 182 
 
 WASHINGTON— 
 
 Forms of acknowledgments in State of 182 
 
 WEST VIRGINIA— 
 
 Forms of acknowledgments in 183 
 
 WISCONSIN— 
 
 Form of acknowledgment in 184 
 
 WOMEN— 
 
 Not eligible to apppintment, in some States 6 
 
 Eligible to appointment as Notaries in Michigan 6 
 
 WYOMING— 
 
 Form of acknowledgment in jg ^