A Treatise on the Law Relating to the Office and Duties of Notaries Public Throughout the United States; With Forms of Affidavits, Acknowledgments,

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1877. Not illustrated. Excerpt: ... Officers taking depositions under a commission should be very careful to execute the duty carefully, or otherwise the commission will be a nullity when returned into Court. As evidence in the form of depositions is an innovation on common-law procedure, and is admitted on statutory enactments, Courts are very strict in seeing that the requirements of the statute have been duly observed. In late times, this kind of evidence is very frequently produced, and it is therefore very desirable, in a work of this character, to give abstracts of the statutory directions in the various States, with approved forms, for the guidance of notaries, and others who are empowered to take depositions. I shall therefore examine the provisions of each State, and give a brief and accurate synopsis of the statute under each, and the required forms. In each instance, the latest compilation or revision of the statutes will be referred to. Before executing a commission, it would be well to refer to the sixth chapter, where the law is given relating to the execution and return of the commission. ALABAMA. The testimony of witnesses resident without the State, or who are about to remove from the State, or where the witness is a female, or, from infirmity, or age, or sickness, is unable to attend Court, or resides more than a hundred miles from the place of trial, or where the witness is Governor of a State, or a State official, or of a profession or calling such as to prevent attendance at the place of trial, may be taken by interrogatories. It is the duty of the commissioner to reduce the answers of the witness to writing, or cause it to be done by the witness, or some impartial person, as near as may be in the language of the witness, having first sworn him to speak the truth, the whole tr...