day of grace. For the purpose of fixing the liability of endorsers, the note or bill is payable on demand at any time within those hours.'

What are reasonable hours, will depend upon the question, whether or not the bill or note is payable at a bank, or place where, by the established usage of trade, business transactions are limited to certain stated hours.'

If there are such stated hours where the note or bill is payable, the presentment and demand must be made within those hours. But if there are no stated hours, and no place of payment is designated in the note or bill, the presentment and demand may be made either at the place of business or residence of the maker or acceptor.1

If at his place of business, it must be within the usual business hours of the city or town; if at his residence, then within those hours when the maker or acceptor may be presumed to be in a condition to attend to business.'

Notice may be given to the endorser, or other parties entitled to notice, immediately after presentment to the maker or acceptor, and refusal by him to pay, although it is not necessary that notice should be given until the following day.'

After due presentment and demand, the liability of the parties becomes fixed. If, however, the maker of the note chooses after this to seek out the holder, and pay his note, he can do so, and thus save himself from the liability to suit on the following day."

For the purpose of fixing the liability of an endorser, the note is payable on demand at any time, during reasonable hours, on the last day of grace; but for the purpose of sustaining an action, the holder must wait until the following day, as the maker has the whole day to make payment.'

A notarial certificate of presentment and demand, and of protest for non-payment of a promissory note, taken from the record of the notary, is admissible, and is prima facie evidence of the facts contained therein, in like manner as the original protest.'

It is not necessary that the certificate should state the form of notice given; any notice is sufficient if it inform the party to whom it was given, either in express terms or by necessary im

1 McFarland v. Pico, 8 Cal. 626.

plication, that the note has been duly presented at its maturity, and dishonored.'

There is no necessity for protesting a promissory note; a demand for payment, and upon neglect or refusal to pay, notice to the endorser, are all that is required.

In all cases where notice of non-acceptance or non-payment of a bill or note, or other negotiable instrument, may be given by mail, it will be sufficient if such notice be directed to the city or town where the person sought to be charged resided at the time of making, drawing, or endorsing the same, unless at the time of such making, drawing, or endorsing, he shall specify thereon the post-office to which he may require the notice to be addressed."

A notice of protest should be sent to the post-office at which the person to whom it is directed is accustomed to get his letters, where his address is not endorsed on the bill or note.

No precise form of words is necessary to constitute a sufficient notice of protest. The identity of the note, and the fact of the demand and non-payment, must be brought home to the party sought to be charged, and the notice may be either oral or written.

The certificate of the notary need not state by whom the ser vice of notice and deposit in the post-office was made.

In order to hold an endorser liable, a demand of payment on bills or notes must be made on the third day of grace. If the third day falls on Sunday, or on any great holiday, demand must be made on Saturday, or the day preceding the holiday. The demand must be made at the place of business of the maker or acceptor, within business hours, or at the place of payment, where it is specified. If the party has absconded, no demand is necessary; and where he has no place of business, it may be made. at his dwelling-house. It is competent for any person who has arrived at years of discretion, though not a notary, to make the demand, if authorized by the holder. An endorsed note, payable on demand, must be presented within a reasonable time.

Where a note, not payable at any particular place, is made and endorsed in California, and both the maker and endorser reside in a foreign country, it must be duly presented to the maker, if

1 McFarland v Pico, 8 Cal. 626.

Wood's Dig. art. 194.

the place of his residence be known, and notice given to the endorser, in order to charge the latter.'

Notice may be dispensed with by express waiver, or by any act which will amount to a waiver.'

The protest of a promissory note must be attended with all the incidents of a foreign bill of exchange. It is the duty of the notary to give notice of protest to the endorsers."

If a note be endorsed after it is due, the endorser is entitled to demand and notice before he is liable to his endorser. No time is expressly limited, as in case of notes or bills not due, for demand and notice to the endorser, but the law requires a demand to be made in a reasonable time, and notice of default seasonably given.'

A notary or other officer authorized to take and certify acknowledgments, and the proof of the execution of deeds and other instruments, cannot alter or correct his certificate, even to insert the statement of a fact inadvertently omitted, after some decisive act is done showing that he has exercised his authority over the subject. After taking the acknowledgment, and making and delivering the return, his functions cease, and he is discharged from all further authority.*

For further matter pertaining to the duties and office of notary see ACKNOWLEDGMENTS, BILLS AND NOTES, CONTRACTS, &c.

OREGON.

In Oregon, notaries are appointed, one or more for each county, by the governor, for two years, unless sooner removed by the governor, and have power to act, by virtue of their office, throughout the state."

The notary must take the oath, give bond in five hundred dollars, and deposit an impression of his seal, together with his oath and bond, in the office of the secretary of state."

He has full power and authority to acknowledge deeds and administer oaths, and to make protests, attestations, and other instruments of publication."

It is his duty to protest bills, notes, and other instruments, and

17 Cal. 578.

36 id. 632.

s Beebe v. Brooks, January Term, 1859.

Bours v. Zachariah, October Term, 1858.
Statutes O. 474, 475.

give immediate notice to every maker, surety and endorser. He must serve the notice upon the person or persons protested against, provided he or they reside within two miles of the residence of the notary; if more than two miles the notice may be forwarded by mail or other safe conveyance.'

He must keep a record of all such notices, and of the time and manner in which the same shall have been served; and of the names of all the parties to whom the same were directed, and the description and amount of the instrument protested, which record shall at all times be competent evidence to prove such notices in any trial before any court in the state, whose proof of such notice may become requisite.'

Upon vacating his office all his records and papers must be deposited with the clerk of the District Court of his county, and on his neglect, or that of his representative in case of his death, to so deposit his records and papers, for three months, the delinquent is liable to a fine of from fifty to five hundred dollars. any person knowingly destroy, deface or conceal any records or papers of a notary, he is liable to the like fine and damages to the party injured.'

1

If

It is the duty of such clerk to safely keep such papers and records, and he has full authority to give attested copies of the same while in his possession.'

WASHINGTON.

There shall be as many notaries public biennially appointed by the governor for the several counties as he shall deem expedient, and they shall be severally commissioned and engaged according to law."

Notaries public are hereby authorized within their respective counties to act, transact, do and furnish all matters and things relating to protests, and protesting bills of exchange and promissory notes, and all other matters within their office required by law; to take depositions as prescribed by law, and acknowledg ments of deeds and other instruments, and to administer oaths."

On the death, resignation, or removal from office of any notary public, his records, together with all his official papers, shall be

1 Statutes O. 474, 475.

Statutes Wash. T. p. 444.

deposited in the office of the clerk of the District Court, for the county in which the said notary public resided.'

If any notary public on his resignation or removal from office shall, for the space of three months, neglect to deposit his records and official papers in the clerk's office, he shall forfeit a sum not exceeding five hundred dollars.'

Every notary public, before he enters upon the duties of his office, shall provide an official seal, and deposit an impression of the same (together with said oath and bond) in the office of the secretary of the territory.'

FORMS.

Notary's Bond.

Know all men by these presents, that we, R. H. Sinton, as principal, and C. K. Garrison, Austin E. Smith and George H. Hossefross, as sureties, all of the city of San Francisco, state of California, the said Sinton in the sum of five thousand dollars, and the said sureties in the following named sums, viz.: C. K. Garrison for five thousand dollars, and A. E. Smith and George H. Hossefross for the sum of twenty-five hundred dollars each, making, in the aggregate, the whole penal sum of five thousand dollars, lawful money of the United States, to be paid to the said state of California, for which payment well and truly to be made, we bind ourselves, our heirs and administrators, firmly, by these presents, sealed with our seals, and dated this 26th day of March, A. D. 1859.

The condition of the above obligation is such that, whereas, John B. Weller, governor of California, has commissioned the above-bounden R. H. Sinton a notary public in and for the city and county of San Francisco, by commission dated the 23d day of March, A. D. 1859: Now, therefore, if the said B. H. Sinton shall well and truly perform the duties of a notary public, as aforesaid, during his incumbency of said office under and by virtue of the commission aforesaid, according to law, and shall faithfully discharge all duties which may be required of him by any law enacted subsequently to the execution of this bond, then this obligation shall become void; otherwise, to remain in full force and effect.

Witness our hands and seals, this 26th day of March, 1859.

(Signed)

R. H. SINTON.

[L. S.]

C. K. GARRISON.

[L. S.

A. E. SMITH.

[L. S.

GEO. H. HOSSEFROSS. [L. S.]

1 Statutes Wash. T. p. 444.