CHAPTER 70.
NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS.
AN ACT to Amend Chapter 42 of the Revised Code of the State of Delaware, providing for the appointment of Notaries Public.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
That Chapter 42 of the Revised Code of the State of Delaware be, and the same is hereby amended by the repeal of 1006, Section 1, and the insertion in lieu thereof, of the following, which shall be styled as 1006, Section 1.
1006, Section 1. The Governor is authorized and directed to appoint every person who shall be appointed by him to the office of Justice of the Peace in this State and Collector of State Revenue, also a Notary Public, provided that the said Collector of State Revenue shall only act as a Notary in connection with work performed in carrying out the duties of his office, provided further, however, that the term of office of any person appointed a Notary Public under the provisions of this Section, whose appointment as a Justice of the Peace or Collector of State Revenue shall not be confirmed by the Senate or who shall fail to qualify, resigns or be removed from said office of Justice of the Peace or Collector of State Revenue, shall terminate at the same time his term of office as Justice of the Peace or Collector of State Revenue terminates.
In addition to the Notaries Public authorized to be appointed by the first paragraph of this Section, the Governor is authorized and directed to appoint one Notary Public for each Trust Company, Bank, or Banking Association or branch or branches thereof in this State, whether State or National, now or hereafter to be chartered or organized under the laws of this State or of the United States, provided however, that the privileges and duties of the Notaries Public who may be appointed for the several Trust Companies, Banks or Banking Associations or branch or branches thereof within this State, whether State or National, shall be confined to the business of their respective Trust Companies, Banks or Banking Associations or branch or branches thereof; so far as acknowledgements are concerned, this provision shall be construed to include the execution of any instrument to which said respective trust companies, banks or banking associations, or branch or branches thereof are parties.
In addition to the Notaries Public hereinbefore authorized to be appointed there may be appointed in New Castle County ninety Notaries Public; in Kent County, ten Notaries Public; in Sussex County, twenty Notaries Public.
That Chapter 42 of the Revised Code of the State of Delaware be, and the same is hereby amended by the repeal of 1008, Section 3, and the insertion in lieu thereof of the following, which shall be styled as 1008, Section 3.
1008, Section 3. Notaries Public shall be commissioned for the term of two years, provided however that anyone who is a Notary Public by virtue of holding the office of Justice of the Peace or Collector of State Revenue shall hold the office of Notary Public in accordance with the provisions of Section 1, Chapter 42 of the Revised Code of the State of Delaware.
That Chapter 42 of the Revised Code of the State of Delaware be, and the same is hereby amended by the repeal of 1011, Section 6, and the insertion in lieu thereof of the following, which shall be styled as 1011, Section 6.
1011, Section 6. The said Notaries and Commissioners shall severally take and subscribe the oath or affirmation prescribed by Article XIV, of the Constitution. Notaries shall each pay to the Secretary of State for the use of the State a fee of ten dollars and Commissioners a fee of ten dollars.
Their fees shall be:
For taking and certifying the acknowledgement of a deed $.50
Taking and certifying an affidavit .25
Taking depositions, a reasonable sum, to be taxed by the Court from which the commission issued.
The above shall be the minimum fees to be charged by any Notary Public or Commissioner of Deeds, and upon violation of this provision the Governor is authorized to revoke the commission of such Notary or Commissioner and such Notary or Commissioner shall not be re-appointed within a period of two years.
The provisions of this amendment shall not extend to any Notary or Commissioner who was commissioned prior to March 1, 1915.
Approved February 24, A. D. 1915.