business, shall be fraudulent and void as against the creditors of the seller, unless the seller and purchaser at least five days before the sale, make a written statement showing the nature and character of the sale and property to be sold and the price to be paid therefor, and unless the purchaser demands and receives from the seller a written list of names and addresses of creditors of the seller, with the amount of indebtedness due or owing to each and certified by the seller under oath, to be, to the best of his knowledge and belief, a full, accurate and complete list of his creditors and of his indebtedness; and unless the purchaser shall at least five days before taking possession of such merchandise or paying therefor, notify personally or by registered mail, every creditor whose name and address is stated in said list, of the proposed sale and of the price, terms and conditions thereof. Sellers and purchasers under this act shall include corporations, associations, co-partnerships and individuals, but nothing contained in this act shall apply to sales by executors, administrators, receivers, assignees under a voluntary assignment for the benefit of creditors, trustees in bankruptcy or by any public officers under judicial process. (Code 1916, c. 74.)

§ 48. Recordation of property transfers; effect.-Any contract in writing, made in respect to real estate or goods and chattels, in consideration of marriage, or made for the conveyance or sale of real estate, or a term therein of more than five years, shall, from the time it is duly admitted to record, be, as against creditors and purchasers, as valid as if the contract was a deed conveying the estate or interest embraced in the contract. (Code 1916, c. 74.)

§ 49. Same: writing invalid as to creditors until recorded.Every such contract, every deed conveying any such estate or term, and every deed of gift, or deed of trust or mortgage, conveying real estate or goods and chattels, shall be void as to creditors and subsequent purchasers for valuable consideration without notice, until and except from the time that it is duly admitted to record in the county wherein the property embraced in such contract or deed may be. (Code 1916, c. 74.)

§ 50. Same: effect as to property in other county where transfer not recorded. Notwithstanding any such writing shall be duly admitted to record in one county wherein there is real

estate, or goods or chattels, it shall nevertheless be void as to such creditors and purchasers in respect to other real estate or goods or chattels without the same, until it is duly admitted to record in the county wherein such other real estate, or goods or chattels, may be. (Code 1916, c. 74.)

§ 51. Same: removal of property from county; persons under disability. If any goods or chattels mentioned in such writing, be removed from a county in which it is admitted to record, the said writing shall, within three months after such removal, be admitted to record in the county to which the property is so removed; otherwise the same, for so long as it is not admitted to record in such last mentioned county, shall, as to the property so removed, be void as to such creditors or purchasers. But such writing shall not be so void in respect to the interests of any married woman, infant or insane person, if, before the end of three months after the disability shall cease, the writing be recorded in the county to which the property is removed. (Code 1916, c. 74.)

§ 52. Same: priorities of several writings recorded on same day. Where two or more writings embracing the same property, are admitted to record in the same county on the same day, if the previous sections do not provide for the case, that which was first admitted to record shall have priority in respect to the property in such county. (Code 1916, c. 74.)

53. Construction of words "creditors" and "purchasers.' The words "creditors" and "purchasers," where used in any previous section of this chapter, shall not be restricted to the protection of creditors of, and purchasers from, the grantor, but shall extend to and embrace all creditors and purchasers who, but for the deed or writing, would have had title to the property conveyed, or a right to subject it to their debts. (Code 1916, c. 74.)

§ 54. When purchasers not affected by record.-A purchaser shall not, under this chapter, or chapter seventy-five of the Code, be affected by the record of a deed or contract made by a person under whom his title is not derived, or by the record of a deed or contract made by any person before the date of a deed or contract made to or with such person, which is duly admitted to record,

and from which the title of such person is derived. (Code 1916, c. 74.)

CHAPTER 8.

NOTARIES PUBLIC.

§ 1. Appointment of notaries; term. The notaries now in office shall continue therein until the thirty-first of December, one thousand nine hundred and nine, when their respective terms of office shall expire; unless otherwise sooner removed in the manner prescribed by law. Provided, that the term of office of all notaries commissioned since the thirty-first day of December, one thousand nine hundred and three, shall continue for a period of ten years from the date of such commission. The governor shall appoint and commission so many notaries in this state, and for such counties as he may deem proper, who shall hold their office respectively for a term of ten years from the date of their commission, but may be removed or their office vacated, pursuant to the third and tenth sections of chapter seven, or the twentyfirst and twenty-second sections of chapter ten of the code. Provided, that before such appointment is made, the applicant shall obtain from the county court of his county, a certificate showing the applicant to be a person competent to perform the duties of such office, of good moral character and. a resident of the county from which the appointment is made. (Code 1916, c. 51.)

§ 2. Powers. When any oath may lawfully be administered, or affidavit or deposition taken, within any county, it may be done by a notary thereof, unless otherwise expressly provided by law. A notary under the regulations prescribed by law, may take within his county, acknowledgments of deeds and other writings, and the privy examination of married women respecting the same. He shall also be a conservator of the peace within his county, and as such conservator shall exercise all the powers conferred by law upon justices of the peace. (Code 1916, c. 51.)

§ 3. Seal. The certificate of a notary of this State in the cases specified in the two preceding sections, may be under his signature, without his notarial seal being affixed thereto. (Code 1916, c. 51.)

§ 4. Protests.-Notaries shall have authority to demand acceptance of foreign and inland bills of exchange, including checks, and to demand payment thereof, and of negotiable promissory notes, and protest the same for non-acceptance or nonpayment, as the case may require; and perform such other duties as by the law of nations or commercial usage may be performed by notaries public. The protest in the case of a bill of exchange, or negotiable promissory note, shall be prima facie evidence of what is stated therein (or at the foot or on the back thereof, if signed by the notary) in relation to presentment, dishonor, and notice thereof. (Code 1916, c. 51.)

§ 5. Notarial records. On the death of a notary, or the termination of his office by resignation, removal from office or otherwise, his records and official papers shall be deposited in the office of the clerk of the county court of the county; and copies thereof certified by such clerk shall have the same effect as if certified by the notary. A notary who for three months after the termination of his office, neglects so to deposit his records and official papers, and the personal representative of a deceased notary, who for three months after his qualification as such representative, neglects so to deposit the records and official papers of the deceased which have come to his hands or control, shall each forfeit a sum not exceeding five hundred dollars. Whoever knowingly destroys, defaces or conceals the records or official papers of a notary, shall forfeit a sum not exceeding one thousand dollars, and be liable in damages to any person injured thereby. (Code 1916, c. 51.)

§ 6. Signature of notary to state date of expiration of commission. The official signature of any notary shall state the date of expiration of his commission, but a mis-statement of such date shall not invalidate any official act of such notary; provided, his commission be at the time thereof in force. It shall be the duty of the secretary of state to notify, before December first, one thousand nine hundred and nine, all notaries commissioned since December thirty-first, one thousand nine hundred and three, by letter mailed to last known address, of the date of expiration of their respective commissions. (Code 1916, c. 51.)

§ 7. Fees for services.-When there is a protest by him, 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, $1.00; for every additional notice, 10c; for taking and certifying the acknowledgment of any deed or writing, or taking and certifying the privy examination and acknowledgment of a married woman, 50c; for administering and certifying an oath, unless it be the affidavit of a witness, 25c; for taking and certifying affidavits or depositions of witnesses (except as provided in chapter sixty-six of the Code) at the rate for each hour actually employed in taking the same, of 75c; for other services, the same fees as are allowed by law to the clerk of the circuit court for similar services. (Code 1916, c. 137.)

CHAPTER 9.

OFFENSES RELATING TO MONEY OR GOODS.

§ 1. Larceny. If a person commit simple larceny of goods or chattels, he shall, if they be of the value of twenty dollars or more, be deemed guilty of grand larceny and be confined in the penitentiary not less than two nor more than ten years; and if they be of less value, be deemed guilty of petit larceny, and be confined in jail not exceeding one year. (Code 1916, c. 145.)

§ 2. Same: notes, checks or other papers.-If any person steal any bank note, check, or other writing or paper of value, or any book of accounts for or concerning money or goods due or to be delivered, he shall be deemed guilty of larceny thereof, and receive the same punishment, according to the value of the thing stolen, that is prescribed for the punishment of larceny of goods or chattels. In a prosecution under the preceding section, the money due on or secured by the writing, paper, or book, and remaining unsatisfied, or which in any event might be collected thereon, or the value of the property or money affected thereby, shall be deemed to be the value of the article stolen. (Code 1916, c. 145.)

§ 3. Same: things savoring of realty.-Things which savor of the realty, and are at the time they are taken, part of the freehold, whether they be of the substance or produce thereof, or affixed thereto, shall be deemed goods and chattels, of which larceny may be committed, although there be no interval between the severing and taking away. (Code 1916, c. 145.)