Section 135. Powers and duties; in general; of notaries public who are attorneys at law  


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  • Every  notary  public  duly  qualified  is  hereby
      authorized  and  empowered within and throughout the state to administer
      oaths and affirmations, to take affidavits and depositions,  to  receive
      and  certify  acknowledgments or proof of deeds, mortgages and powers of
      attorney and other instruments  in  writing;  to  demand  acceptance  or
      payment  of  foreign  and inland bills of exchange, promissory notes and
      obligations in writing, and to protest the same  for  non-acceptance  or
      non-payment,   as  the  case  may  require,  and,  for  use  in  another
      jurisdiction, to exercise such other powers and duties as by the laws of
      nations and according to commercial usage, or by the laws of  any  other
      government or country may be exercised and performed by notaries public,
      provided that when exercising such powers he shall set forth the name of
      such other jurisdiction.
        A  notary  public  who  is  an  attorney  at law regularly admitted to
      practice in this state may, in his discretion,  administer  an  oath  or
      affirmation  to or take the affidavit or acknowledgment of his client in
      respect of any matter, claim, action or proceeding.
        For any misconduct by a notary public in the performance of any of his
      powers such notary public shall be liable to the parties injured for all
      damages sustained by them.  A  notary  public  shall  not,  directly  or
      indirectly, demand or receive for the protest for the non-payment of any
      note,  or for the non-acceptance or non-payment of any bill of exchange,
      check or draft and giving the requisite notices and certificates of such
      protest, including his notarial seal, if affixed  thereto,  any  greater
      fee  or  reward  than seventy-five cents for such protest, and ten cents
      for each notice, not exceeding five, on any bill or note.  Every  notary
      public  having  a  seal  shall,  except  as otherwise provided, and when
      requested, affix his seal to such protest free of expense.