Public Law 38–LI

That notaries public for the district of Columbia may be appointed by the supreme court of said district, whose term of office shall be five years, and who may be removed by said court for cause. There shall he no new appointment of a notary public until the number in this district is reduced to twenty-five; and when the number is so reduced, as vacancies thereafter occur, they may be filled by said court.

Sec. 2.

And be it further enacted, That each notary public hereafter

Oath, bond.

appointed, before entering upon the duties of his office, shall take an oath faithfully to discharge the same, and shall give bond to the United States in the sum of two thousand dollars, with security to be approved by the said supreme court, or a judge thereof, for the faithful discharge of the

Present notaries to give bond, or lose office.

duties of his office,. And the said court shall, with reasonable dispatch, by a general order to be published in one or more newspapers printed in the said district, require all persons now holding the commission of notary public in said district to give new bond, as hereinbefore provided for, within a short time to be prescribed therein; and all such persons failing to comply therewith shall be stricken from the list of notaries.

Sec. 3.

And be it further enacted, That notaries public shall have authority to demand acceptance and payment of foreign bills of exchange, and to protest the same for non-acceptance and non-payment; and to

Foreign bills.

exercise such other powers and duties as, by the law of nations, and according to commercial usages, or for use and effect beyond the jurisdiction of the said district, as, according to the law of any state or territory of the United States, or any foreign government in amity with the United States, may be performed by notaries public.

Sec. 4.

And be it further enacted, That notaries public may also demand

Inland bills, &c.

acceptance of inland bills of exchange, and payment thereof, and of promissory notes, and may protest the same for non-acceptance or non-payment, as the case may require.

Sec. 5.

And be it further enacted, That each notary public shall have

Acknowledgments, oaths, &c.

power to take and to certify the acknowledgment or proof of powers of attorney, mortgages, deeds, and other instruments of writing, the acknowledgment of any conveyance, or other instrument of writing executed by any married woman, to take depositions, and to administer THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 52. 1864.oaths and affirmations in all matters incident or belonging to the duties of his office, and to take affidavits to be used before any court, judge, or officer within this district.

Sec. 6.

And be it further enacted, That each notary public shall keep

Record. Certified copies.

a fair record of all his official acts, except such as are mentioned in the filth section of this act; and when required shall give a certified copy of any record in bis office to any person, upon payment of the fees therefor.

Sec. 7.

And be it further enacted, That each notary public, before

Notarial seal.

he acts as such, shall provide a notarial Seal, with which lie shall authenticate all his official acts, which seal, together with his records and official

To be exempt from execution.

documents, shall not be liable to be seized on by any execution. He shall deposit an impression of Ids official seal in the office of the clerk of the supreme court of said district.

Sec. 8.

And be it further enacted, That on the death, resignation, or

Records in case of death, resignation &c.

removal from office of any notary public, his records, together with all his official papers, shall be deposited in the office of the clerk of the supreme court, of said district.

Sec. 9.

And be it further enacted, That the original protest of a notary

Original protest to be prima facie evidence of facts stated therein.

public, under ins hand and official seal, of any bill of exchange or promissory note for non-acceptance or non-payment, staling the presentment by him of such bill of exchange or note for acceptance or payment, and the non-acceptance or non-payment thereof, and the service of notice mi any or all of the parties to such bill of exchange or promissory note, and specifying the mode of giving such notice, and the reputed place of residence of the party to whom the same was given, and the post-office nearest thereto, shall be prima facie evidence of the facts contained therein. The certificate of a notary public, under his hand and seal of office,

Certificate to be like evidence.

drawn from his record, staling the protest and the facts therein recorded, shall be evidence of the tacts in like manner as the original protest.

Sec. 10.

And be it further enacted, That the fees of notaries public

Fees of notaries public.

shall be as follows: For each certificate and seal, fifty cents; taking depositions or other writings, for each one hundred words, ten cents; administering an oath, fifteen cents; taking acknowledgment of a deed or power of attorney, with certificate thereof, fifty cents; every protest of a bill of exchange or promissory note, and recording the same, one dollar and seventy-five cents; each notice of protest, ten cents; each demand for acceptance or payment, if accepted or paid, one dollar, to be paid by the patty accepting or paying the same; each noting of protest, one dollar. And any notary public who shall take a higher fee than is prescribed

Penalty for taking higher fees.

by this act shall pay a fine of one hurt! red dollars and be re-moved from office by the said supreme court.

Sec. 11.

And be it further enacted, That all acts

Repealing clause.

and parts of acts inconsistent with lids act be, and the same are hereby, repealed.