For amount of taxes on seals received, or which ought to have been received, on or after the first day of September, 18—, and before the first day of September, 18—, to-wit:

This day

-of

to-wit:

personally appeared before me, the undersigned, judge (or clerk) of the county (or corporation) court of said county (or corporation), and. made oath to the correctness of the foregoing report.

Given under my hand, this the 1st day of September, 18—.

NOTE.-Notaries are required to make a report of the fact of no collections having been made by them during the year; otherwise, it cannot be known whether they owe the state anything or not, and the penalty for failure to so report will be enforced. The use of a seal is not necessary to authorize a notary to charge the tax assessed by law on notarial seals, because a "scroll, or any impression upon paper in the place of a seal," is taxed.-See Code 1873, p. 353, ch. 35, § 16.

14. The clerk of each court, every notary public, and the secretary of the commonwealth, shall make out an account of all taxes received by him on or after the first day of September in one year, and before the first day of September in the next year. The clerk shall report to the auditor of public accounts, on the fifteenth day of October in each year the amount of such taxes assessed and received by him; and the same shall be accompanied with the certificate of the judge of his county court, or of the attorney of the commonwealth of his county, that, upon careful and personal examination and comparison of the report with the records, books, papers, and documents in the clerk's office, he finds it to be correct. And each notary public shall keep an account in which shall be entered the names of every person from whom he has received fees and taxes for the transaction of business, and the amount of such fees and taxes; which account shall include an account of all fees and taxes received by him for the year ending the first day of September of each year. He shall swear to the same before the judge or clerk of the county or corporation court of his county or corporation, and file it in the clerk's office of said court, which clerk shall forward a certified copy thereof with his returns to the auditor of public accounts.-See Acts of Assembly 1877-8, p. 240, ch. 254.

The following circular of the secretary of the commonwealth is inserted herein for the information of notaries:

CIRCULAR.

SIR:

EXECUTIVE DEPARTMENT OF VIRGINIA,
OFFICE OF THE SECRETARY OF THE COMMONWEALTH,
RICHMOND, VA.,

187-.

The receipt of four dollars and fifty cents, in payment of the tax and fee required by law upon your appointment as a notary public, is hereby acknowledged; and I have the pleasure of enclosing herewith your commission as such, Your attention is respectfully invited to the annexed provisions of law, (Code of 1873.)

Your obedient servant,

Secretary of the Commonwealth.

APPOINTMENT, TERM OF OFFICE, QUALIFICATION, &c.

The governer shall appoint, in and for the separate counties and corporations, as many notaries public as to him shall seem proper, not exceeding one for every five hundred of population, who shall hold office for the term of four years, and who shall exercise the powers and functions of conservators of the peace; and he may appoint the same person to serve for two or more counties or corporations, or for one county or corporation. Every notary public shall give bond in the court of each county or corporation for which he was appointed, within four months from the date of his commission, in a penalty of not less than five hundred dollars; and the clerk of said court shall immediately forward a certified copy of said bond to the secretary of the commonwealth. The removal of a notary from the county or corporation in which he resided when appointed, unless such removal be into another county or corporation for which he may have been also appointed, shall be construed as a vacation of his office.-Chap. 116, % 1.

OATHS, DEPOSITIONS, ACKNOWLEDGMENTS, &C.

In any case, in which an oath might be administered by, or affidavit made, before a justice, the same may be done by or before a notary public-Ch. 12, ? 3. In any pending case, the deposition of a witness, whether a party to the suit or not, may, without any commission, be taken in this state by a notary public. Ch. 172. & 34.

When a husband and his wife have signed a writing purporting to convey or transfer any estate, real or personal, she may appear before * * * *

*

* *

*

[a notary public] within the county or corporation, and if, on being examined privily and apart from her husband by [the notary], and having such writing fully explained to her, she acknowledge the same to be her act, and declare that she executed it willingly, and does not wish to retract it, [such notary] shall certify the same on or annexed to the said writing to the following effect:

STATE OF VIRGINIA-County [or corporation] of

1,

to wit:

a notary public for the county [or corporation] of

in the state of Virginia, do certify that

day of

the wife of

whose names are signed to the writing above [or hereto annexed], bearing date on the personally appeared before me in the county [or corporation] aforesaid, and being examined by me privily and apart from her husband, and having the writing aforesaid fully explained to her, she, the said acknowledged the said writing to be her act, and declared that she had willingly executed the same, and does not wish to retract it.

Given under my hand, this

day of

Anno Domini

-.-See

Ch. 117, 8 4.

When a notary takes the acknowledgment of a person signing a contract, deed, power of attorney, or other like paper, the following form of certificate may be followed:

STATE OF VIRGINIA-County [or corporation] of

I,

to-wit:

-, a notary public for the county [or corporation] aforesaid, in the state of Virginia, do certify that whose name is signed to the writing above [or hereto annexed], bearing date on the has acknowledged the same before me, in my county [or corporation] aforesaid,

day of

Given under my hand, this

day of

-See Ch. 117, 8 3.

POWERS AND DUTIES OF CONSERVATORS OF THE PEACE.

A conservator of the peace may require from persons not of good fame, security for their good behavior, for a term not exceeding one year.

If complaint be made to any such conservator that there is good cause to fear that a person intends to commit an offence against the person or property of another, he shall examine on oath the complainant, and any witnesses who may be produced, reduce the complaint to writing, and cause it to be signed by the complainant.

If it appear proper, such conservator shall issue a warrant reciting the complaint, and requiring the person complained of forthwith to be apprehended and brought before him or some other conservator.

When such person appears, if the conservator, on hearing the parties, consider that there is not good cause for the complaint, he shall discharge the said person, and may give judgment in his favor against the complainant for his costs. If he consider that there is good cause therefor, he may require a recog

nizance of the person against whom it is, and give judgment against him for the costs of the prosecution, or any part thereof; and unless such recognizance be given, he shall commit him to jail by a warrant, stating the sum and time in and for which the recognizance is directed. The person giving judgment under this section for costs, may issue a writ of fieri facias thereon, if an appeal be not allowed; and proceedings thereupon may be according to the ninth and eleventh sections of chapter one hundred and forty-seven.

A person from whom such recognizance is required, may, on giving it, appeal to the court of the county or corporation; in such case the officer from whose judgment the appeal is taken, shall recognize such of the witnesses as he thinks proper. See ch. 196, ?? 1, 2, 3, 4, 5.

TAX ON SEAL.

When the seal of a notary public is affixed to any paper, except in the cases exempted by law, the tax shall be one dollar; and herein shall be included a tax on a scroll or any impression upon paper in the place of a seal.—Ch. 35, ? 16. No tax shall be charged when a seal is annexed to any paper or document to be used in obtaining the benefit of a pension, revolutionary claim, money due on account of military services or land bounty, under any act of congress, or under a law of this or any other state, or when a seal is annexed by a notary public to an affidavit or deposition.-Ch. 36, ? 10.

REPORT TO AUDITOR, AND PAYING IN OF TAX.

* * *

Every notary public shall make out an account of all taxes received by him on or after the first day of September in one year, and before the last day of September in the next year, shall swear to the correctness of the account, which shall be rendered to the auditor of public accounts, and the amount appearing due thereby [shall be] paid into the treasury on or before the 15th December following, deducting thereout a commission of five per centum for receiving and paying the same. * * * * For failure to render such account on or before the said 15th day of December, there shall be a forfeiture of $300.-See ch. 36, 22 14, 15, 16.

FEES.

Where there is a protest by a notary, for the record thereof, making out instrument of protest under his official seal, and notice of dishonor to one person besides the maker of a note or acceptor of a bill, one dollar; for every additional notice, ten cents; for taking and certifying the acknowledgment of any deed or writing, or taking and certifying the privy examination and acknowledgment of a married woman, fifty cents; for administering and certifying an oath, unless it be the affidavit of a witness, twenty-five cents; for taking and certifying affidavits or depositions of witnesses, where done in an hour, seventyfive cents; if not done in an hour, for any additional time, at the rate per hour of seventy-five cents; for other services, the same fee as the clerk of a county or corporation court for like services.—Ch. 180, ? 4.