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Sec. 547. CONDITIONAL SALES. No conditional sale of chattels in virtue of which the property is delivered to the purchaser, but by the terms of which the títle is not to pass until the price of said chattels is fully paid, where the purchase price exceeds one hundred dollars, shall be valid as against third persons acquiring title to said property from said purchaser without notice of the terms of said sale, unless the terms of said sale are reduced to writing and signed by the parties thereto and acknowledged by the purchaser and recorded in the same manner as a chattel mortgage, as hereinabove provided; and said writing shall be indexed as if the purchaser were a mortgagor and the seller a mortgagee of such chattels, and shall be operative as to third persons without actual notice of it from the time of being so recorded.
Subchapter IV.-DEEDS, RECORDER OF.
Sec. 548. APPOINTMENT AND DUTIES. — There shall be a recorder of deeds of the District, appointed by the President, by and with the advice and consent of the Senate, who shall record all deeds, contracts, and other instruments in writing affecting the title or ownership of any real estate or personal property in the District which shall have been duly acknowledged and certified, and who shall perform all requisite services connected therewith, and shall have charge and custody of all the records, papers, and property appertaining to his office.
Sec. 549. DEPUTY RECORDER.The recorder of deeds is authorized to appoint a deputy recorder, and all deeds of conveyance, leases, powers of attorney, and other written instruments required to be filed and recorded, and all copies of instruments and records and certificates authorized by law, filed, recorded, made, and certified by the deputy recorder shall have the same legality, force, and effect as if performed by the recorder:
Sec. 550. VACANCY.—In case of a vacancy in the office of the recorder by death, resignation, or other cause the deputy recorder shall act until a recorder shall be duly appointed and qualified: Provided, That no additional expense shall be incurred by the District for said deputy and no other fees shall be allowed than are now provided by law.
Sec. 551. TYPEWRITTEN RECORDS. -The recorder of deeds is authorized and empowered to purchase and use in his office, for the recording of deeds and other instruments of writing required by law to be recorded in said office, typewriting machines, to be paid for as appropriations may be made from time to time; and all deeds and other instruments of writing entitled by law to be recorded in said office which shall be recorded by typewriting machines are hereby declared to be legally recorded.
Sec. 552. FEES.— The legal fees for the services of the recorder shall be as follows, namely:
For filing, recording, and indexing, or for making certified copy of any instrument containing two hundred words or less, fifty cents, and fifteen cents for each additional hundred words, to be collected at the time of filing and when the copy is made.
For each certificate and seal, twenty-five cents.
For searching records extending back two years or less next preceding current date, twenty-five cents, and five cents for each additional year, to be paid by the party for whom the search may be made.
For recording a town plat, three cents for each lot such plat may contain.
For recording a plat or survey, five cents for each course such survey may contain.
For filing and indexing any paper required by law to be filed in his office, fifteen cents.
For taking any acknowledgment, fifty cents. Sec. 553. SALARY; SURPLUS TO BE PAID INTO THE TREASURY.The recorder of deeds of the District of Columbia shall not retain of the fees and emoluments of his office for his personal compensation over and above his necessary clerk hire and the incidental expenses of his office, certified to by the supreme court of the District of Columbia, or by one of its justices appointed by it for that purpose, and to be audited and allowed by the proper accounting officer of the Treasury, a sum exceeding four thousand dollars a year or exceeding that rate for any time less than a year; and the surplus of such fees and emoluments shall be paid into the Treasury to the credit of the District of Columbia: Provided, That the number of clerks and others employed in the office of the recorder of deeds shall not be increased, except that additional copyists may be employed for temporary service as the necessities of the office may require, nor shall the salary or compensation of clerks and others be increased beyond the salaries or compensation paid during the tiscal year (eighteen hundred and ninety-one] nineteen hundred and one, to take effect with this code; and the salary of the deputy recorder of deeds shall be two thousand five hundred dollars
per annum, to be paid out of the fees and emoluments of said office of recorder of deeds.
[Sec. 554. LIST OF TRANSFERS TO BE FURNISHED TO COLLECTOR OF TAXES.—The recorder of deeds shall furnish to the collector of taxes, on or about the first Monday in January and July of each year, correct lists of the transfers of real property in the District during the preceding half year, so far as can be ascertained by the records in his office, but shall not be entitled to any compensation for such service.]
Sec. 555. INSTRUMENTS NOT EXECUTED OR ACKNOWLEDGED ACCORDING TO LAW.—The recorder shall not accept for record or record any instrument wbich shall not be executed and acknowledged agreeably to law by the person or party therein granting or contracting with respect to his right, title, or interest in the land therein described. Act of June 30, 1902.
[Sec. 555. INSTRUMENTS NOT EXECUTED OR ACKNOWLEDGED ACCORDING TO LAW NOT TO BE RECORDED.-The recorder shall not accept for record or record any instrument which shall not be executed and acknowledged agreeably to law by the person or party therein granting or contracting with respect to his right, title, or interest in the land therein described; and the record of any such instrument, if the same should be recorded, and the knowledge by any person of the fact of such record shall not be either constructive or actual notice of the existence of such instrument.]
Sec. 556. PUBLIC RECORDS TO BE OPEN FOR INSPECTION.-All public records which have reference to or in any way relate to real or personal property in the District of Columbia, whether the same be in the office of the recorder of deeds or in some other public office in the District of Columbia, shall be open to the public for inspection free of charge.
DEED OF TRI'ST TO SECURE DEBTS, SURETI ES, OR FOR OTHER PURPOSES.
This deed, made this
witnesseth, that whereas here insert the consideration for the deed), I, the said do grant unto [ay trustee] of ..., as trustee, the following property (here describe it) in trust for the following purposes (here insert the trusts and any covenant that may be agreed upon). Witness my hand and seal.
[Seal.] FORM OF TRUSTEE'S DEED UNDER A DECREE.
This deed, made this
trustee, of witnesseth: Whereas by a decree of (here insert court) passed on the ....... day of ......., in the cause of. versus ..
I, the said was appointed trustee to sell the land decreed to be sold, and have sold the same to ......; and said sale has been ratified by said court, and said has fully paid
the purchase money due on said sale; now, therefore, in consideration of the premises, I, the said
do graut unto ..., of ......, all the right and title of all the parties to the aforesuid cause, in and to all that (here describe property). Witness my hand and seal,
[Seal.] EXECUTOR'S DEED.
This deed, made this day of
in the year ..
witnesseth, that I, executor of the last will of
late of ., deceased, under a power in said will contained, in consideration of ....., have sold and do hereby grant to
......, all that [, and so forth] (here describe the property). Witness my hand and seal.
FORM OF MORTGAGE, WITH OR WITHOUT POWER OF SALE.
This mortgage, made this day of .....
...... of am indebted unto ......,of in the sum of......, payable ... for which I have given to said by [promissory notes or bonds, or other instruments,](here describe obligation). Now, in consideration thereof, I hereby grant unto the said .... all that (here describe property), provided that if I shall punctually puy said (notes or other instruments) according to the tenor thereof then this mortgage shall be void. And if I shall make default in such payment the said .. is hereby authorized and empowered to sell said property at public auction on the following terms (here insert them), and ont of the proceeds of sale to retain whatever shall remain unpaid of my said indebtedness and the costs of such sule, and the surplus, ií any, to pay to me. Given under my hand and seal.
FORM OF LEASE.
This lease, made this
in the year ......,
and .., of witnesseth that the said .... doth lease unto the said
his executor, administrator, and assigns, all that (here describe the property) for the term of years, beginning on the
in the year
the Said paying therefor the sum of ...... on the
in each and every year (or month, as the case may be). Witness our hands and seals.
(Seal.) The aforegoing forms or forms to the like effect shall be sufficient, and any covenant, limitation, restriction, or proviso allowed by law may be added, annexed to, or introduced in the above forms. Any other form conforming to the rules hereinbefore laid down shall be sufficient.
COMMISSIONERS OF DEEDS AND NOTARIES PUBLIC.
Sec. 557. COMMISSIONERS OF DEEDS.—The President of the United States is authorized to appoint as many commissioners of deeds throughout the United States as he may deem necessary, with power to take the acknowledgment of deeds for the conveyance of property within the District, administer oaths, and take depositions in cases pending in the courts of said District in the manner prescribed by law; to whose acts, properly attested by their hands and seals of office, full faith and credit shall be given.
Sec. 558. NOTARIES. — The President shall also have power to appoint such number of notaries public, residents of said District, as, in his discretion, the business of the District may require.
Sec. 559. TENURE OF OFFICE. Said commissioners of deeds and notaries public shall hold their offices for the period of five years, removable at discretion.
Sec. 560. NOTARIES IN STATES.- Notaries public of the severa) States, Territories, and the District of Columbia are authorized to take depositions and do all other acts in relation to taking testimony to be used in the courts of the District of Columbia, take acknowledgments and affidavits in the same manner and with the same effect as United States commissioners may now lawfully take or do.
Sec. 561. OATH AND BOND.- Each notary public, before entering upon the duties of his office, shall take the oath prescribed for civil officers in the District of Columbia, and shall give bond to the United States in the sum of two thousand dollars, with security, to be approved by the supreme court or a justice thereof, for the faithful discharge of the duties of his office.
Sec. 562. SEAL.-Each notary public shall provide a notarial seal, with which he shall authenticate all his official acts.
Sec. 563. He shall file his signature and deposit an impression of bis official seal in the office of the clerk of the supreme court of the District.
Sec. 564. EXEMPTION.- A notary's official seal and his official documents shall be exempt from execution.
Sec. 565. FOREIGN BILLS OF EXCHANGE.—Notaries public shall have authority to demand acceptance and payment of foreign bills of exchange and to 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 notaries public may do.
Sec. 566. OTHER ACTS.— They may also perform such other acts, for use and effect beyond the jurisdiction of the 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. 567. INLAND BILLS AND NOTES. —Notaries public may also demand acceptance of inland bills of exchange and payment thereof, and of promissory notes and checks, and may protest the same for nonacceptance or nonpayment, as the case may require. And on the original protest thereof he shall state the presentment by him of the same for acceptance or payment, as the case may be, and the nonacceptance or nonpayment thereof, and the service of notice thereof on any of the parties to the same, and the mode of giving such notice, and the reputed place of business or residence of the party to whom the same was given; and such protest shall be prima facie evidence of the facts therein stated. And any notary public failing to comply herewith shall pay a fine of ten dollars to the District of Columbia, to be collected in the police court as are other fines and penalties.
Sec. 568. ACKNOWLEDGMENTS, OATHS, AND SO FORTH.—Each notary public shall have 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 oaths and affirmations [in all matters incident or belonging to the duties of his office, and also to take affidavits to be used before any court, judge, or officer within the District.
Sec. 569. RECORD.-Each notary public shall keep a fair record of all his official acts, except such as are mentioned in the preceding section, and when required shall give a certified copy of any record in his office to any person upon payment of the fees therefor.
Sec. 570. COPY OF RECORD AS EVIDENCE.—The certificate of a notary public, under his hand and seal of office, drawn from his record, stating the protest and the facts therein recorded, shall be evidence of the facts in like manner as the original protest.
Sec. 571. FEES.—The fees of notaries public shall be-
Taking depositions or other writings, for each one hundred words, ten cents.
Administering an oath, fifteen cents. [Take] 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 party accepting or paying the same.
Each noting of protest, one dollar.
Sec. 572. PENALTIES FOR TAKING HIGHER FEES.-Any notary public who shall take a higher fee than is prescribed by the preceding section shall pay a fine of one hundred dollars and be removed from office by the supreme court of the District.
Sec. 573. DEATH, AND SO FORTH.—Upon the death, resignation, or 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 the District.