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to the United States in the sum of ten thousand dollars for the faithful discharge of the duties of his office, with security to be approved by the circuit court.
SEC. 71. The recorder shall keep suitable and well bound books, wherein shall be recorded, in a fair, large, and legible hand, all deeds and other instruments of writing which shall be delivered to him, and which are authorized or required to be recorded by him. He shall have and keep a seal of office, and shall make out for any person demanding the same, a fair and accurate copy of any record in his office, and certify the same under his hand and the seal of his office.
SEC. 72. The recorder may appoint one or more deputies, who shall be removable at his pleasure. Such appointment shall be in writing, filed and recorded in the office of the recorder; and the recorder so appointing any deputy, and the sureties of such recorder shall be responsible for the faithful performance of the duties of such deputy.
SEC. 73. The recorder shall have the custody of, and shall safely keep and preserve, all the books, records, maps, and papers, deposited in his office; and on going out of office shall deliver to his successor the seal of office, all the books, records, and other instruments of writing, belonging to said office, and shall take his successor's receipt therefor; and in case of the death of the recorder, his personal representatives shall deliver over the seal, books, records, and papers, as aforesaid.
SEC. 74. The recorder shall keep a book, in which he shall make an entry, upon the reception of any deed or instrument of writing authorized or required to be recorded by him, the date of the reception (including the hour and minute) and the names of the grantors and grantees.
SEC. 75. When any deed or instrument of writing authorized by law to be recorded in the recorder's office shall be deposited in his office for record, there shall be endorsed on the same the time when it was received, and the said deed or instrument of writing shall be recorded, as aforesaid, without delay, together with the acknowledg· ments, proofs, and certificates written over and under the same, with the plats, surveys, schedule and other papers thereto annexed, in the order, and as of the time when the same was delivered for record.
At the foot of any such record, the date of the reception of any such deed or instrument of writing, and the name of the person at whose request it was recorded, shall be noted.
SEC. 76. The recorder shall endorse upon any deed or instrument of writing, the book and page or pages of the book in which the same is recorded, and the time when recorded; and, after the same is recorded, shall deliver it, except where otherwise ordered, upon request, to the party leaving the same for record, or to his order.
SEC. 77. Unless other provision be specially made by law, it shall be the duty of the recorder to record every conveyance or other instrument of writing authorized or required by law to be recorded. Such conveyance or other instrument of writing shall be recorded in the order of priority of time at which it was delivered for record.
SEC. 78. The recorder shall attach to every book kept in his office, in which conveyances or other instruments of writing are recorded, an index of the matters contained in such book, arranged in alphabetical order, under the names of the several parties to such matters, with reference to the pages where the same may be found. Such books shall be at all proper times open to the inspection of any person without charge.
SEC. 79. The recorder shall provide proper books for making general indices of the conveyances and other instruments of writing recorded in his office, and shall form indices therein in such manner as to afford correct and easy reference to the several books of record in his office. He shall keep, in separate volumes,
1st. An index of conveyances, labelled "Grantors," each page of which shall be divided into five columns, as follows:
Names of grantors, names of grantees, character of the conveyances, dates thereof, where recorded.
2d. An index of conveyances, labelled "Grantees," each page of which shall be divided into five columns, with heads to the respective columns, as follows:
Names of grantees, names of grantors, character of the conveyances, dates thereof, where recorded.
SEC. 80. The names of the parties in the first column, in the several indices required by the preceding section, shall be arranged in alphabetical order.
SEC. 81. When a deed is executed by an agent or attorney, the same shall be indexed in the name of the principal. When the
property lies within the corporate limits of Washington City or Georgetown, the number of the lot and square shall be stated also in the index.
SEC. 82. It shall be the duty of the recorder, upon the application of any person, and upon the payment or tender of the legal fees therefor, to make searches for conveyances and other instruments of writing recorded or filed in his office, and to furnish a certificate thereof.
SEC. 83. If the recorder shall wilfully neglect or refuse to perform the duties required of him by law, or shall wilfully perform them in any other manner than is required by law, in addition to his liability with his sureties upon his official bond to the party aggrieved, he shall be deemed guilty of a misdemeanor in office, and, on conviction thereof, may be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or both by such fine and imprisonment.
SEC. 84. The recorder shall not be bound to record any instrument, or file any paper, or furnish any copy, or render any service connected with his office, until his fees for the same, as prescribed by law, are paid or tendered.
SEC. 85. The circuit court shall have power to appoint a fit and suitable person to be surveyor of the county of Washington, who shall hold his office during the pleasure of the said court.
SEC. 86. The surveyor, before he acts as such, shall take an oath to discharge faithfully the duties of his office, and shall give bond to the United States in the sum of five thousand dollars, with surety to be approved by the circuit court, for the faithful performance of the duties of his office.
SEC. 87. The surveyor may appoint such number of deputies as he may think proper, who shall severally take the oath of office, and for the faithful performance of whose duty the surveyor and his sureties shall be responsible.
SEC. 88. All chain carriers employed by the surveyor or his deputies in the performance of any official duties which may be required of the surveyor, shall take an oath for the faithful discharge of their duties. The surveyor, or any one of his deputies, is hereby authorized to administer such oath.
SEC. 89. The surveyor may demand and receive from his predecessor in office, or from the executor or administrator of such predecessor, any book relating to such office which it is made the duty of such surveyor to keep, and all records, field notes, and other papers relating to the office of surveyor; and whenever the office of surveyor shall become vacant by death, resignation, or otherwise, it shall be the duty of any person having possession of such books and records, field notes, or other papers pertaining to such office, to hand the same over, without delay, to such successor. Any person violating any of the provisions of this section shall forfeit a sum not exceeding five hundred dollars.
SEC. 90. It shall be the duty of the surveyor, by himself or one of his deputies, to execute any survey that may be required by order of any court, or upon application by any person.
SEC. 91. The certificate of the surveyor, or any of his deputies, shall be admitted as legal evidence in any court in this District; but the same may be explained or rebutted by other proper evidence. No survey or resurvey hereafter made by any person except the said surveyor or his deputy, or the surveyor of Washington City or Georgetown, appointed by the authorities of said places respectively, shall be considered as legal evidence in any court within this District: provided, however, that no such restriction shall apply to such surveys as are made by the authority of the United States, or by the mutual consent of parties.
SEC. 92. Whenever it shall appear that a surveyor, whose duty it would otherwise be to make the survey, is interested in any tract of land, the title of which is in dispute before any court, and a survey of which is necessary, the court shall direct the survey to be made by some capable and disinterested person, who shall be authorized to administer oaths in the same manner as the county surveyor is directed to do, and shall return such survey, on oath or affirmation, and shall receive for his services the same fees as the county surveyor would be entitled to for similar services.
SEC. 93. The force and validity given by any of the provisions of this chapter to the official acts of the surveyor of the county of Washington, as such, shall apply only to surveys of land within this District lying outside the corporate limits of Washington City and Georgetown. The said surveyor shall not be required to execute any
survey of land lying within the corporate limits of said Washington City and Georgetown.
SEC. 94. The official acts of the surveyor of Washington City and the surveyor of Georgetown, appointed by the authorities of said places respectively, done and performed within their respective corporations, shall be of the same force and validity as similar acts of the county surveyor done and performed by him within that part of the county of Washington lying outside the corporate limits of Washington City and Georgetown.
SEC. 95. The provisions of sections eighty-eight and eighty-nine of this chapter shall apply to the surveyors of Washington City and Georgetown, respectively.
SEC. 96. In all surveys, the courses shall be expressed according to the true meridian, and the variation of the magnetic meridian from the true meridian shall be expressed on the plat, with the year, month, and day of the survey.
SEC. 97. Any surveyor who shall fail or refuse to perform the duties required of him by law, may be fined a sum not exceeding one thousand dollars.
SEC. 98. Every officer to whom any warrant, order, or process may be lawfully directed, may, in case of resistance made or apprehended, summon to his aid as many persons as may be sufficient. If any person fails to obey any such summons, the officer shall report the fact to the court from which such warrant, order, or process issued, which court may, in a summary way, after notice to such person, adjudge him to be fined or imprisoned, or both fined and imprisoned, as for a contempt of the said court's authority. If the order, warrant, or process shall not have issued from a court of record, such person shall be punished as for a misdemeanor, and to that end the officer shall report him to the district attorney.
SEC. 99. No officer shall, by color of his office, take any obligation. of or for any person in his custody, otherwise than is directed by law. If he does, the same shall be void.
SEC. 100. When any judgment shall be obtained against any officer or his sureties, his or their personal representatives, for or on account of the default or misconduct in office of any deputy of such officer, and shall be paid by any defendant therein, he or his