Page:United States Statutes at Large Volume 31.djvu/380

328 iFIFTY·SIXTH CONGRESS. SESS; I. Ch. 786. 1900. A¤<*<>¤¤¤¤H M fw Sec. 16. Any clerk or commissioner authorized to record an instrui{{ZX£i°°°rd€di°°m ment who having collected fees for so doing fails to recojid such · instrument shall account to his successor in office, or to such person as the court may direct, for all the fees received by him for recordin any instrument on ile and unrecorded at the expiration or his officiag term, or at the time he is required to transfer is records toanother —P°“°"Y· officer under the direction o thecourt. And any clerk or commis- ‘ sioner who fails, neglects, or refuses to so account for fees received and not actually earned by the recording of instrument shall be deemed uilty of a misdemeanor, and on conviction thereof shall be fined not iss than one hundred dollars nor more than one thousand dollars, and imprisoned for not more than one year, or until the fees received and ‘ unearned as aforesaid shall have been properly accounted for and paid over by him,_as hereinbefore provided. And in addition M such fees may be recovered from such clerk or commissioner or the bondsmen of either, in a civil action which shall be brought by the district attorney, in the name of the United States, to recover the same;_ and the amount when recovered shall be by_the court transferred to the successor in office of such recorder, who. shall thereupon proceedto Qggv-mgulmous record the unrecorded instruments: Provided, Miners in any organm¤ee¤¤11¤g,em. ized mining district may make rules and regulations governing the · . recording of notices of location of mining claims, water rights, ilumes jand ditches, mill sites and aiiidavits of labor, not in conflict with this ··*°°°*d°’· Act or the general laws of the United States; and nothing in this Act shall be; construed so as to prevent the miners in any regularly or an-* ized mining district not within any recording district establishef by I the court from electing their own mining recorder to act as such until etgegggfizegf DY°¤· a recorder therefor is appointed by the court: Provided fwdhev, All . " records heretofore regularly made by the United States commissioner at Dyea, Skag·way,and the recorder at Douglas City, not in conilict with any records`re§ularly made with the United States commissioner at Juneau, are here y legalized. And all records heretofore made in good faitlrin any regularly or anized mining district are hereby made public records, ·and the same shall be delivered to the recorder for the recording districtgincluding such mining district within six months _ _ from the passage of this Act. _ _ N<>&¤¤<==S vubhc-- Sec. 17. Every person appointed as a notary public must at the —res1de¤ce. . . . . - . . . . _ time of his appointment be a resident of the d1Str1ct and must continue to reside therein during his term of office. Removal from the district , vacates his office and is equivalent to resignation. —¤=¤¤¤- The term of office of a notary public shall be four years from and after the date of his commission, but he may be sooner removed by the governor for misconduct in office. ‘ . —d¤¤i¤S- Sec. 18. It shall be the duty of a notary public—·— sq - First. When requested, to demand acceptance and payment of foreign, domestic, and inland bills of exchange, or promissory notes, and protest the same for nonacceptance and nonpayment, ·and to exercise such other powers and duties as by the law of nations and according to commercial usages or by the laws of any State, govern- _ merilt, or country may be performed by ,notaries, and keep a record of suc acts. . · Second. To take acknowledgment or proof of powers of attorney, deeds, mortgages, grants, transfers, and other instruments of writing executed by any person and to give a certificate of such proof or [ acknowle¥ment indorsed or attached to the instrument. - “ Third. o take depositions and aflidavits and administer oaths and ' afiirmationsjn all matters incident to the duties of the office or to be used before any court, jud e, or officer. ` Fourth. When requested? and upon payment of his fees therefor to make and give a certified copy of any record in his office. ‘ ‘