200701222347夏威夷王國(The Hawaiian Kingdom )(1810-1843)民法關於公證人之規定

Hawaiian Kingdom Civil Code

ARTICLE LII—OF NOTARIES PUBLIC.

 

§1266. There shall be appointed by the King in Privy Coun­cil, upon the recommendation of the Minister of the Interior, one t or more suitable persons in each of the gubernatorial divisions of the Kingdom to be notaries public, and to hold office as such din­ing His Majesty’s pleasure.

 

§1267. No person who is not a subject of this Kingdom shall be eligible to the office of notary public; and every person am pointed to that office shall, before entering thereon, take and sub­scribe an oath for the faithful discharge of his duties, which oath shall be filed in the Department of the Interior.

 

§1268. Every notary public shall constantly keep a seal of office, whereon shall be engraven his name, and the words “notary public,” and “Hawaiian Islands.”

 

§1269. It shall be his duty, when requested, to enter on record all losses or damages sustained or apprehended, by sea or land, and also all averages, and such other matters as, by mer­cantile usage, appertain to his office, and cause protest thereof to be made, duly and formally.

 

§1270. All facts, extracts from documents, and circumstances, so noted, shall be signed and sworn to by all the persons appear­ing to protest; and he shall note, extend and record the protest so made; and shall grant authenticated copies thereof, under his signature and notarial seal, to those who request and pay for the same. He shall also, in behalf of any person interested, present any bill of exchange, or other negotiable paper, for acceptance or payment to any party on whom the same is drawn, or who may be liable therefor; and notify all endorsers or other parties to such bill or paper; and he may, in general, do all the acts to be done by notaries public by the usages of merchants, or which are authorized by the laws of this Kingdom.

 

§1271. The protest of any foreign or inland bill of exchange, or promissory note or order, duly certified by any notary public, under his hand and official seal, shall be legal evidence of the facts stated in such protest, as to the same, and also as to the notice given to the drawer or endorser in any court of law.

 

§1272. Whenever any promissory note, bill of exchange, draft or order for the payment of money, payable at a future day, or; at sight, and not on demand, shall become payable in this Kingdom, the maker of any such note, and the acceptor of any such bill of exchange, respectively, shall be entitled to a grace of three days, unless the third day happen to be Sunday, or a day of public fast or thanksgiving appointed by the King; in which excepted cases a grace of two days only shall be allowed.

 

§1273. Every notary public shall record at length in a book of records all acts, protests, depositions, and other things, by him noted or done in his official capacity; and all copies or certificates, by him granted, shall be under his hand and notarial seal, and shall be received as evidence of such transaction.

 

§1274. On the resignation, removal from office, or death of any notary public, his records shall be deposited with the clerk of the nearest court of record to the place where his office was situated; and by a neglect for three months to comply with the above requisition, such notary, his executor or administrator, shall forfeit not less than fifty nor more than five hundred dollars, in the discretion of the court.

 

§1275. All forfeitures under the last preceding section shall be one half to the Government, and the other half shall sue for the same.

 

§1276. Every notary public shall be entitled to demand and receive the following fees, viz.:

 

1.  For noting the protest of mercantile paper, two dollars;

 

2.  For each notice and certified copy of protest, two dollars;

 

3.  For noting any other protest, three dollars;­

 

4.  For every notice thereof, and certified copy of protest, three dollars;

 

5.  For every deposition, or official certificate, two dollars.

 

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