Payment of treasurer's drafts by auditor of state. Application of fund. Period of service trustees. and empowered to make such necessary additions to the buildings of said institute as they may deem best; provided, that nothing herein shall be construed as authorizing or empowering said trustees to create any indebtedness on said institute beyond the means in the treasury to liquidate before the improvements are begun. 1908. SEC. 19. The auditor of state shall draw his warrant in favor of the treasurer of said board, when the draft of said treasurer is accompanied by an order from the president, countersigned by the secretary of said board of trustees. 1909. SEC. 20. The fund created by section sixteen of this act, shall be applied exclusively to the objects and purposes mentioned in the various provisions of this act. 1910. SEC. 21. The members of the first board of of first board of trustees herein provided for, shall be appointed by the governor immediately after this act takes effect, and said members shall hold their office as such trustees until the next regular meeting of the general assembly; and thereafter trustees shall be appointed in the manner hereinbefore provided. Vesting of title to property of institute for the education of mutes. Transfer of prop 1911. SEC. 22. This act shall not take effect unless the fee simple title to the real estate now occupied and controlled by the said "institute for the education of mutes," shall, within eighty days from the passage of this act, be vested in said last named institute, free of any condition of defeasance whatever. When the said title shall be so vested, it shall be the duty of the attorney-general to certify such fact in writing, to the state auditor, and the state auditor shall notify the county clerks of the several counties of this state of the same, in order that the tax herein provided for may be properly levied and assessed. 1912. SEC. 23. If the title to said property shall be erty of the insti- vested as provided for in the preceding section, then the cation of mutes said "institute for the education of mutes," shall, as soon as tute for the edu to trustees of institute for edu- the trustees herein provided for shall have been appointed cation of mute and blind. and qualified, transfer and convey the said property by a good a sufficient deed of conveyance for such purpose, to the said trustees and their successors in office, to be held by such trustees, in trust for the use and benefit of the state of Colorado; and said "institute for the education of mutes" shall also transfer and deliver to said trustees, all other property, both real and personal, belonging thereto. Approved, March 15, 1877. CHAPTER LXIX. NOTARIES. [Revised Statutes, Chapter LXIV.] 1913. SECTION 1. The governor shall appoint and commission in each county, as occasion may require, one or more notaries-public, who shall hold their office for four years unless sooner removed. Appointment and term of notaries. duties. 1914. SEC. 2. They may receive the proof or acknowl- Powers and edgment of all instruments of writing relating to commerce and navigation, receive and authenticate the acknowledgments of deeds and powers of attorney, make declarations and protests, and do all other acts usually done and performed by notaries-public in other states and territories, and certify the truth of all their official acts under their official seal. 1915. SEC. 3. Every notary public shall keep a fair Record of offirecord of his official acts, and if required, give a certified cial acts. copy of any record in his office, upon the payment of the fees therefor. 1916. SEC. 4. If any notary die, resign, become dis case of death, Delivery of offiqualified or remove from his county, his record and the cial papers in official and public papers of his office shall, within thirty resignation, etc. days be delivered to the register of deeds of his county. seal. 1917. SEC. 5. The official acts of every notary shall Attestation of be attested by his notarial seal, which shall, as heretofore, official acts by consist of an impression upon paper or wax, setting forth the name and residence of such notary. 1918. SEC. 6. Every notary public, before entering upon Oath and bond the duties of his office shall take the oath of office pre- of notary. scribed by law, and shall give bonds to the state of Colorado, in the sum of five hundred dollars with good sure.. ties, conditioned that he will faithfully perform the duties of his office; such bond shall be approved by the county Action on bond Administering of oaths and ac of deeds, etc. clerk, who shall indorse on every such bond which he shall approve as follows: "I am acquainted with the securities herein, and believe them to be worth the amount of the penal sum of the within bond, over and above all their just debts and liabilities." 1919. SEC. 7. Such bond, with the oath indorsed thereon, shall be recorded in the office of the register of deeds for the county in which the notary shall reside, and may be sued on, by any person injured on account of the unfaithful performance of said notary's duties: Provided, that no suit shall be so instituted after three years havo elapsed from the time the cause of action accrued. 1920. SEC. 8. Notaries shall have authority to adminknowledgment ister all oaths, provided for by law, and to acknowledge all instruments of writing conveying or affecting real estate or other property in any part of this state. Confirmation of acknowledg nients heretofore performed or taken. 1921. SEC. 9. All acknowledgments heretofore taken oficial acts and and official acts performed by notaries public holding their commissions under the territory of Kansas, and all acknowledgments hertofore taken by any judge or justice of any organized court, within the limits of this state, are hereby confirmed and made valid if othewise correct. Duties in regard to protest of notes, bills, etc.; notice to be given. 1922. SEC. 10. It shall be the duty of every notary public in this state, whenever any bill of exchange, promissory note or other instrument in writing, shall be by him protested for non-acceptance or non-payment, to give notice in writing thereof to the maker or makers and to each and every indorser or security on any promisory note or other instrument in writing on the same day the protest is made, or within twenty-four hours from the time of such protest. 1923. SEC. II. It shall be the duty of every notary notices of pro- public in this state to keep a correct 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 to prove such notice, in any trial in any court in this state where proof of such notice may become requisite. Record of test; what to contain. 1924. SEC. 12. It shall be the duty of each an every notice of protest notary public, personally to serve the notice upon the per- In what manner son or persons protested against; provided, he or they re- to be served. side in the town where such protest was made, or within. one mile thereof; but if such person or persons reside more than one mile from such town, then the said notice may be forwarded by mail or other safe conveyance. CHAPTER LXX. OATHS AND AFFIRMATIONS. [Revised Statutes, Chapter LXV.] 1925. SECTION I. Form of admin Whenever any person shall be required to take an oath before he enters upon the discharge istering oath. of any office, place or business, or on any other lawful occasion, it shall be lawful for any person employed to administer the oath, to administer it in the following form, to wit: The person swearing shall, with his or her hand uplifted, swear "By the ever-living God." affirmation; to lidity of oath ; false affirmation deemed perjury. 1926. SEC. 2. Whenever any person required to take Form of solemn or subscribe an oath as aforesaid, and in all cases where have same vaan oath is, upon any lawful occasion, to be administered, and such person shall have conscientious scruples against taking an oath, he or she shall be permitted, instead of taking an oath, to make his or her solemn affirmation or declaration, in the following form, to wit: "You do solemnly, sincerely, and truly declare and affirm," which solemn. affirmation or declaration shall be equally valid as if such person had taken an oath, in the usual form; and every person guilty of falsely and corruptly declaring, as aforesaid, shall incur and suffer the like pains and penalities as are, or shall, be, inflicted on persons guilty of wilful and corrupt perjury. Who may ad 1927. SEC. 3. All courts in this state, and each judge, justice and clerk thereof, and all justices of the peace and minister oaths. notaries public shall respectively have power to administer oaths and affirmations to witnesses and others, concerning anything depending or proceeding commenced, or to be commenced, before them respectively; and the said courts, Administration of oaths by member of com assembly. judges, justices, notaries public, and clerks within their respective districts or counties, shall respectively have power to administer all oaths of office, and other oaths required to be taken by any person upon any lawful occasion, and to take affidavits and depositions concerning any matter or thing, process or proceeding pending or to be commenced in any court or before any justice of the peace, or on any occasion wherein such affidavit or deposition are authorized or required by law to be taken. 1928. SEC. 4. The chairman or any member of any chairman or committee, appointed by either branch of the legislative mittee of general assembly of this state, or any member of any joint committee, appointed by the two houses of the legislative assembly, shall be authorized to administer oaths and affirmations to witnesses, touching any matter or thing which may be under the consideration or investigation of the committee. False oath or affirmation deemed and pun ished as perjury. Administration of oaths out of this state; how to be certified. 1929. SEC. 5. All oaths and affirmations, affidavits and depositions administered or taken as provided in this chapter, shall subject any person who shall so swear or affirm wilfully or falsely, in matter material to any issue or point in question, to the pains and penalties inflicted by law, for the time being, on persons guilty of wilful and corrupt perjury. 1930. SEC. 6. All oaths and affirmations required or authorized to be taken by any statute of this state, may, when the person required to make the same, resides out of, or is absent from this state, be made before and administered by any notary public or clerk of any court of record of the state wherein such person may be, such notary or clerk certifying the same under his notarial seal or the seal of such court. 1931. CHAPTER LXXI. OFFICIAL BONDS. [Revised Statutes, Chapter LXVI] SECTION I. The clerks of the district court of this state be, and they are hereby required, to execute a bond to the people of the state of Colorado in the penal |