the number in this District is reduced to thirty; and when the number is so reduced, as vacancies occur, they may be filled by said

court.

SEC. 36. Each notary public, 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 five thousand dollars, with security to be approved by the circuit court, for the faithful discharge of the duties of his office.

SEC. 37. 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 exercise such other powers and duties as, by the law of nations, and according to commercial usages, or by the law of any state or government, may be performed by notaries public.

SEC. 38. Notaries public may also demand 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. 39. 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 acknowledgments 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 to take affidavits to be used before any court, judge, or officer within this District.

SEC. 40. Each notary public shall keep a fair record of all his official acts, except such as are mentioned in the thirty-ninth section of this chapter; and, when required, shall give a certified copy of any record in his office to any person, upon payment of the fees therefor. SEC. 41. Each notary public, before he acts as such, shall provide a notarial seal, with which he shall authenticate all his official acts; which seal, together with his records and official documents, shall not be liable to be seized on by any execution. He shall deposit an impression of his official seal in the office of the clerk of the circuit court.

SEC. 42. On the death, resignation, or removal from office, of any notary public, his records, together with all his official be deposited in the office of the clerk of the circuit court.

papers, shall

SEC. 43. If any notary public, on his resignation, disqualification, or removal from office, shall, for the space of two months, neglect to deposit his records and official papers in the office of the clerk of the circuit court, he shall forfeit a sum not exceeding one thousand dollars.

SEC. 44. If the executor or administrator of any deceased notary public shall, for the space of two months after the acceptance of such appointment, neglect to deposit in the office of the clerk of the circuit court, the records and official papers of such deceased notary public which shall come into his hands, he shall forfeit a sum not exceeding one thousand dollars.

SEC. 45. If any person shall knowingly destroy, deface, or cancel, any records or official papers of any notary public, he shall forfeit a sum not exceeding one thousand dollars, and shall also be liable in damages to any party injured.

SEC. 46. The clerk of the circuit court shall receive and safely keep the records and official papers of any notary public, which are in this chapter directed to be deposited in his office; and shall make and certify copies of such records, or official papers, for which he shall be paid the same fees as the notary public would have been entitled to; and all copies certified by such clerk shall have the same effect in law as if they had been made and certified by such notary public.

SEC. 47. The original protest of a notary public, under his hand and official seal, of any bill of exchange or promissory note, for nonacceptance or non-payment, stating the presentment by him of such bill of exchange or note for acceptance or payment, and the nonacceptance or non-payment thereof, and the service of notice on 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 presumptive evidence of the facts contained therein. The certificate of a notary public, under his hand and seal of office, drawn from his record, stating the protest and the facts therein contained, shall be evidence of the facts in like manner as the original protest.

SEC. 48. For any misconduct or neglect of duty in any of the cases in which any notary public of this District is authorized to act, either by the laws of this District or of any state or government, or by the law of nations, or by commercial usage, he shall be liable, on his official

bond, to the parties injured thereby, for all damages sustained. For any wilful violation or neglect of duty, any notary public shall be subject to criminal prosecution, and may be punished by a fine not exceeding one thousand dellars, and removal from office.

SEC. 49. Each notary public shall receive such fees for his services as may be allowed by law.

COMMISSIONERS.

SEC. 50. The circuit court of this District may appoint and commission, in any State, one or more commissioners, to continue in office during the pleasure of said court, who shall have power to administer oaths, and to take depositions, and the proof and acknowledgment of deeds or other instruments of writing, to be used or recorded in this District.

SEC. 51. Before any such commissioner shall proceed to discharge any of the duties of his said appointment, he shall take and subscribe an oath, before some justice of the peace, or officer authorized to administer oaths in the State for which he is appointed, that he will faithfully discharge the duties of his said appointment; which oath shall be filed in the office of the clerk of the circuit court of this District.

CONSTABLES.

SEC. 52. The circuit court shall have power, from time to time, to appoint as many constables as said court shall deem necessary, and to remove them from office whenever proper cause be shown.

SEC. 53. Every person appointed to the office of constable shall, before he acts as such, 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 security to be approved by the circuit court, conditioned for the faithful performance of the duties of his office.

SEC. 54. The constable shall attend the courts of justices of the peace, when required, and execute all lawful orders made by them. It shall be his duty to execute and return all writs and processes directed to him by any court, judge, justice, or other officer having authority to issue the same.

SEC. 55. In regard to the service, execution, and return of orders, writs, processes, and papers, where there are no positive provisions of law prescribing the duties of a constable, he shall be governed by the laws relating to the marshal, as far as they are applicable.

SEC. 56. It shall be the duty of every constable to apprehend, on view or warrant, and bring to justice, all felons and disturbers of the peace, and violators of the criminal laws of this District; to suppress all riots, affrays, and unlawful assemblies which may come to his knowledge, and generally to keep the peace within this District.

SEC. 57. Every constable shall attend before the proper justices of the peace on the return day of any process committed to him, and keep order in said court.

SEC. 58. In all cases where a constable shall have received money in payment, or part payment, either voluntarily made by any defendant, or execution debtor, or as the proceeds of the sale of property by virtue of an execution in his hands, it shall be the duty of such constable to pay over said money to the plaintiff, his agent or attorney, or other proper party, without delay.

SEC. 59. When any execution is fully paid and satisfied, either by sale or otherwise, it shall be the duty of the constable to return it forthwith.

SEC. 60. When any property levied upon by virtue of an execution shall sell for more than will satisfy the judgment, interest, and costs, including the constable's lawful costs thereon, it shall be the duty of the constable immediately to render the overplus to such execution debtor.

SEC. 61. If any constable, to whom any writ of execution shall have been delivered, shall neglect or refuse, after being required and indemnified by the creditor, his agent or attorney, to levy upon, or sell any property of the defendant which is liable to be levied upon and sold, he, and the sureties in his bond, shall be liable to the creditor for the value of such property, not exceeding the sum due such creditor.

SEC. 62. Any constable who shall make a false return of any writ or process, or who shall fail to return the same within the time limited for such return, or who shall fail to discharge any duties incumbent on him by law, not otherwise specifically provided for, shall, with his sureties, be liable to the party injured to the extent of the injury, with interest and ten per cent. damages thereon, to be recovered by motion in the circuit court, ten days' notice thereof being given, or by action on the constable's bond.

SEC. 63. If any constable shall neglect or refuse to pay over any

money in his hands which he has collected or received in his official capacity, when demanded by the person entitled thereto, his agent or attorney, the amount thereof, with twenty-five per cent. damages and interest, may be recovered from such constable and his sureties in the manner provided in the preceding section. If a constable collect money mentioned in an execution after the return day thereof, he, and his sureties shall be liable for the money so collected, in like manner as if the collection had been before the return day. If a constable receive money on account of any claim intrusted to him for collection, he and his sureties shall be liable for the money so received, as for money collected under execution; and after six months from the date of any receipt for any claim recoverable before a justice of the peace, signed in his official capacity, such receipt shall be prima facie evidence of the receipt of the money.

SEC. 64. Any constable who shall be guilty of any manifest and wilful negligence, or shall, in the administration or under color of his office, be guilty of any oppression or malicious act, shall, upon conviction, be fined in any sum not exceeding five hundred dollars.

SEC. 65. No constable shall be permitted to practise as an attorney or counsellor-at-law before any court or justice of the peace in this District. For violating the provisions of this section, he shall be fined a sum not exceeding five hundred dollars.

SEC. 66. The authority of a constable shall extend throughout this District.

SEC. 67. No constable shall become the purchaser, nor procure any person to become the purchaser for him, of any property by him exposed for sale by virtue of any execution or other process; and all such purchases shall be null and void.

SEC. 68. Whenever any constable shall commit to jail any prisoner in his custody, he shall leave with the jailer the writ by authority of which he commits such prisoner, and such jailer shall give him a receipt therefor, containing at length a copy of such writ.

RECORDER.

SRC. 69. There shall be appointed by the President of the United States a recorder for this District, who shall serve for the term of four years unless sooner removed.

SEC. 70. The recorder, before he enters upon the duties of his office, shall be sworn to the faithful discharge thereof, and shall give bond