For drawing an affidavit, deposition, or other paper for which provision is Dot herein made, for each folio, thirty cents. For taking an acknowledgment or proof of a deed, or other instrument, to include the seal and the writing of the certificate, for the first two signatures, one dollar each, and for each additional signature, fifty cents. For administering an oath or affirmation, fifty cents. For every certificate, to include writing the same, and the seal, one dollar. § 799. OFFICIAL BOND. Each notary must execute an official bond in the sum of five thousand dollars, which bond must be approved by the judge of the superior court of his county, and filed and recorded as other official bonds of county officers. History: Enacted March 12, 1872; amended April 3, 1880, Code Amdts. 1880 (Pol. pt.), p. 19. 1. Condition of bond. 1. CONDITION OF NOTARY'S BOND should be for faithful performance of duty. -Tevis vs. Randall, 6 Cal. 633, 636, 65 Am. Dec. 547. of California." All that is requisite is that See post 801 and note. 2. OBLIGEE-Who should be.-Immaterial whether bond is payable to "the people of the state of California," or to "the state 986. § 800. TIME FOR FILING NOTARIAL BOND, ETC. Each notary must file his official bond, and take, subscribe, and file his oath of office in the office of the county clerk within twenty days from the date of his commission, and must transmit a certificate of the facts, under the hand and seal of the county clerk, together with a copy of his official oath, signed by him with his own proper signature, to the office of the secretary of state, to be filed therein within thirty days from the date of his commission. History: Enacted March 12, 1872; amended March 26, 1878, Code Official oath, generally. See post §§ 904-910. § 801. LIABILITIES ON OFFICIAL BOND. For the official misconduct or neglect of a notary public, he and the sureties on his official bond are liable to the parties injured thereby for all the damages sustained. March 12, 1872. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Oakland Bank vs. Murfey, 68 Cal. 455, 459, 9 Pac. Rep. 843 (construed); McAllister vs. Clement, 75 Cal. 182, 184, 16 Pac. Rep. 775 (construed); Heidt vs. Minor, 89 Cal. 115, 118, 26 Pac. Rep. 627 (construed); Joost vs. Craig, 131 Cal. 504, 506, 82 Am. St. Rep. 374, 63 Pac. Rep. 840 (construed). 2. CONTRIBUTORY NEGLIGENCE.-Liability of a notary for negligence does not extend to case where negligence of losing party is proximate cause of loss.-Bank of Savings vs. Murfey, 68 Cal. 455, 9 Pac. Rep. 843; Overacre vs. Blake, 82 Cal. 77, 22 Pac. Rep. 979; Hatton vs. Holmes, 97 Cal. 208, 31 Pac. Rep. 1131. § 801 (170) OFFICIAL BOND-LIABILITY ON-EXTENT OF. 3. Although a notary may be guilty of negligence in taking acknowledgment of grantor without personal knowledge or proof of his identity, if party injured was also negligent in transaction and this negligence contributed to or was proximate cause of loss sureties of notary's bond are not liable.-Oakland Bank vs. Murfey, 68 Cal. 455, 459, 9 Pac. Rep. 843. 4. DEFECTIVE CERTIFICATES.-Where certificate of notary, by reason of omissions therein, is so defective as not to give legal notice, by recording of document to which it is attached, notary is guilty of negligence and is liable upon his official bond. And this negligence is not excused by fact that certificate had been partially filled up by attorney for grantee, for had notary read certificate before signing it, omission must have been known to him; if he did not read it, he is equally guilty of negligence. For an officer who affixes his official signature and seal to document without examining it can scarcely be said to faithfully perform his duty.-Fogarty vs. Finlay, 10 Cal. 239, 245, 70 Am. Dec. 714. 5. DAMAGE MUST BE SHOWN-Measure of. Negligence or of wrongful act notary in wrongfully attaching his certificate to mortgage does not render sureties liable for amount of mortgage or for any damage without showing of damage, i. e. that mortgaged property had some value.— McAllister vs. Clement, 75 Cal. 182, 184, 16 Pac. Rep. 775; Heidt vs. Minor, 89 Cal. 115, 122, 26 Pac. Rep. 627. 6. EXTENT OF LIABILITY.-Condition of bond to well and truly perform and discharge duties of notary public according to law, embraces every act which he is authorized or required by law to do in virtue of his office. And for any misconduct or negligence of duty, in any of cases in which he may act, he is liable, on his official bond, to parties injured.-Fogarty vs. Finlay, 10 Cal. 239, 245, 70 Am. Dec. 714. [Pt. III. knows person whom he does not know on mere introduction of some third person, and if he does so, and loss results therefrom, he renders himself and his sureties liable for loss. Hatton vs. Holmes, 97 Cal. 208, 211, 31 Pac. Rep. 113. 9. It is not enough that person whose acknowledgment is taken be introduced to notary by responsible party, and to take an acknowledgment upon such introduction is negligence sufficient to render notary liable in case certificate turns out untrue.-Joost vs. Craig, 131 Cal. 504, 506, 82 Am. St. Rep. 374, 63 Pac. Rep. 840. 10. Introduction by mortgagee, or agent of mortgagee, is sufficient to protect notary in taking acknowledgment of person introduced; negligence, if any, being that of mortgagee.-Overacre vs. Blake, 82 Cal. 77. 81, 83, 22 Pac. Rep. 979. of care. 11. NEGLIGENCE-Degree Notary may take all due precautions and fully comply with statute and still be deceived. In such case he would not be held liable, but if he has not fully complied with statute he is liable.-Joost vs. Craig, 131 Cal. 504, 506, 82 Am. St. Rep. 374, 63 Pac. Rep. 840. 12. Liable for.-Notaries, as ministerial officers, are pecuniarily liable for negligence, regardless of intentions, whether good or bad.-Bank of Woodland vs. Oberhaus, 125 Cal. 320, 324, 57 Pac. Rep. 1070. 13. OWNERSHIP OF PROPERTY described in instrument by party who executed same is not certified to by notary. He is not required to certify to any such fact.-Overacre vs. Blake, 82 Cal. 77, 80, 22 Pac. Rep. 979. § 811. GOVERNOR TO APPOINT. The governor may appoint in each state of the United States, or in any foreign state, one or more commissioners of deeds, to hold office for the term of four years from and after the date of their commission. History: Enacted March 12, 1872. Applied, cited, construed, referred to, etc., in: McRose vs. Bottyer, 81 Cal. 122, 125, 22 § 812. Pac. Rep. 393 (erroneously cited for § 811 GENERAL DUTIES OF. Every commissioner of deeds has power, within the state for which he is appointed: 1. To administer and certify oaths; 2. To take and certify depositions and affidavits; 3. To take and certify the acknowledgment or proof of powers of attorney, mortgages, transfers, grants, deeds, or other instruments for record; 4. To provide and keep an official seal, upon which must be engraved the arms of this state, the words "Commissioner of Deeds for the State of California," and the name of the state for which he is commissioned; 5. To authenticate with his official seal all his official acts. History: Enacted March 12, 1872. Acknowledgments out of state.KERR'S CYC. CIV. CODE, § 1182. See Duties of notaries.-See ante § 794 and note. § 813. EFFECT OF ACTS DONE BY COMMISSIONERS. All oaths administered, depositions and affidavits taken, and all acknowledgments and proofs certified by commissioners of deeds, have the same force and effect, to all intents and purposes, as if done and certified in this state by any officer authorized by law to perform such acts. § 814. History: Enacted March 12, 1872. OATH, WHEN TO BE FILED. The official oaths of commissioners of deeds must be filed in the office of the secretary of state within six months after they are taken. History: Enacted March 12, 1872. § 815. FEES. FEES. The fees of commissioners of deeds are the same as those prescribed for notaries public. § 816. History: Enacted March 12, 1872. The names of LIST OF COMMISSIONERS TO BE PUBLISHED. persons appointed commissioners must be published three times in some weekly newspaper published at the seat of government of the state. History: Enacted March 12, 1872. § 817. COPY OF THIS ARTICLE TO BE TRANSMITTED TO APPOINTEE. The secretary of state must transmit, with the commission to the §§ 827-831 (172) LIST OF COMMISSIONERS-OTHER OFFICERS. [Pt. UL appointee, a certified copy of this article, and of section seven hundred and ninety-eight. § 827. COURT COMMISSIONERS. The mode of appointment, powers, and duties of court commissioners are fixed by chapter two, title three, part one of the Code of Civil Procedure. History: Enacted March 12, 1872. See KERR'S CYC. CODE CIV. PROC. §§ 258, 259. § 828. SECRETARY AND BAILIFF OF THE SUPREME COURT. mode of appointment, powers, and duties of the secretary and bailiff of the supreme court are fixed by chapter two, title four, part one of the Code of Civil Procedure. History: Enacted March 12, 1872. See KERR'S CYC. CODE CIV. PROC. §§ 265, 266. § 829. PHONOGRAPHIC REPORTERS. The mode of appointment, powers, and duties of phonographic reporters are fixed by chapter three, title four, part one of the Code of Civil Procedure, and sections seven hundred and sixtynine and seven hundred and seventy of this code. History: Enacted March 12, 1872. See KERR'S CYC. CODE CIV. PROC. §§ 268, 274. § 830. CLERKS, SHERIFFS, CORONERS, AND OTHER COUNTY OFFICERS, ETC. The mode of election of clerks, sheriffs, coroners, and other county and township officers is fixed by part four of this code. History: Enacted March 12, 1872. Election of county officers.-See post § 4109. § 831. ATTORNEYS AND COUNSELORS AT LAW. The admission of attorneys and counselors at law is provided for and their duties fixed in chapter one, title five, part one of the Code of Civil Procedure. History: Enacted March 12, 1872. See KERR'S CYC. CODE CIV. PROC. §§ 275, 299. CHAPTER VII. GENERAL PROVISIONS RELATING TO DIFFERENT CLASSES OF OFFICERS. Article I. Disqualifications, §§ 841-843. 11. Restrictions upon the Residence of Officers, §§ 852-855. III. Powers of Deputies, § 865. IV. Appointment and Duration of Term, §§ 875-879. V. Nominations and Commissions, §§ 889-894. VI. Oath of Office, §§ 904-910. VII. Prohibitions Applicable to Certain Officers, §§ 920-926. VIII. Salaries, when Title is Contested, §§ 936, 937. IX. Bonds of Officers, §§ 947-987. X. Resignations, Vacancies, and the Mode of Supplying Them, §§ 995-1004. ARTICLE I. §841. Age and citizenship. § 842. Other disqualifications. DISQUALIFICATIONS. § 843. County officer not to act as deputy. § 841. AGE AND CITIZENSHIP. No person is capable of holding a civil office who at the time of his election or appointment is not of the age of twentyone years and a citizen of this state. History: Enacted Applied, cited, construed, referred to, etc., in: People ex rel. Attorney-General VS. Wheeler, 136 Cal. 652, 653, 69 Pac. Rep. 415 (cited); Ward vs. Crowell, 142 Cal. 587, 588, 76 Pac. Rep. 491 (cited). Age. See KERR'S CYC. CIV. CODE, § 25 subd. 1. Citizenship.-See ante § 52. March 12, 1872. Citizenship, requisite of judicial officers. -See KERR'S CYC. CODE CIV. PROC. §§ 156, 159. De facto officers.-See ante § 220 and note Executive officers.-See ante § 341. Women eligible to educational office.See HENNING'S GENERAL LAWS, p. 1234. § 842. OTHER DISQUALIFICATIONS. Provisions respecting disqualifi cation for particular offices are contained in the constitution and in the provisions of the codes concerning the various offices. History: Enacted March 12, 1872. Time when must be qualified. One elected county surveyor must be duly qualified at time he assumes office. Statute does not require such qualification at time of election. Ward vs. Crowell, 142 Cal. 587, 589, 76 Pac. Rep. 491. DISQUALIFICATION FROM HOLDING OFFICE: Bribery, Const. Cal. art. XX §§ 10, 11, HENNING'S GENERAL LAWS p. civ; Dueling, Const. Cal. art. XX § 2, HENNING'S GENERAL LAWS p. ciii; Embezzlement or defalcation, Const. Cal. art. IV § 21, HENNING'S GENERAL LAWS p. lxxii; Federal officers, Const. Cal. art. IV § 20, HENNING'S GENERAL LAWS p. 1xii; Forgery, Const. Cal. art. XX §11, HENNING'S GENERAL LAWS p. civ; Governor, of, Const. Cal. art. V § 3, HENNING'S GENERAL LAWS p. lxxvi; Holding other office, Const. Cal. art. V §12, HENNING'S GENERAL LAWS p. lxxvii; High crimes and misdemeanors, Const. Cal. art. XX §11, HENNING'S GENERAL LAWS p. civ; Judgment of impeachment, Const. Cal. art. IV 18, HENNING'S GENERAL LAWS p. lxxi; Judicial officers for office of non-judicial character, Const. Cal. art. VI 18, HENNING'S GENERAL LAWS p. lxxxv; Lieutenant-governor from holding other office, Const. Cal. art. V § 15, HENNING'S GENERAL LAWS p. 1xxvii; Members of Legislature, Const. Cal. art. IV § 5, HENNING'S GENERAL LAWS p. lxix; Same- what civil office of profit ineligible to, Const. Cal. art. IV $19, HENNING'S GENERAL LAWS p. lxxii; Same-if influenced by reward or promise thereof, Const. Cal. are. IV 35, HENNING'S GENERAL LAWS p. lxxv. Malfeasance in office, Const. Cal. art. XX § 11, HENNING'S GENERAL LAWS p. civ; Perjury, Const. Cal. art. XX §11, HENNING'S GENERAL LAWS p. civ; Lobbying, Const. Cal. art. IV § 35, HENNING'S GENERAL LAWS p. 1xxv; Disqualification of judicial officers.-See KERR'S CYC. CODE CIV. PROC. §§ 156, 157, 159. Educational offices may be held by women. See HENNING'S GENERAL LAWS p. 1234. Failure of officer elect or appointee to qualify. See post 996. |