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personal representative may, on motion, ten days' notice being previously given, obtain judgment against such deputy and his sureties, or their personal representatives, for the amount so paid, with interest from the time of payment, and ten per cent. damages on said amount.

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SECTION 1. The persons and officers in this chapter named shall be entitled to receive for their services the fees therein allowed and set forth, and none other, except where otherwise specially provided.

MARSHAL'S FEES.

For serving a writ or process under which the body is taken, one dollar.

Serving a writ, summons, subpoena, or other process, where the body is not taken, fifty cents.

Returning any writ or process, ten cents.

Summoning each juror and talesman, twenty-five cents.

Executing a writ of possession, one dollar.

Committing a person to jail, fifty cents.

Discharging a person out of jail, forty cents.

Attending a prisoner before a judge when surrendered by his bail,

and receiving the prisoner into custody, fifty cents.

Boarding each prisoner per day, thirty-five cents.

Empanneling and swearing a jury out of court, fifty cents.

Summoning and swearing appraisers, each, forty cents.

in the manner provided for recoveries against the marshal in section eighteen of this chapter.

SEC. 28. No marshal shall become the purchaser, nor procure any person to become the purchaser for him, of any property, real or personal, by him exposed for sale by virtue of any execution or other process; and all such purchases made by any marshal, or any other person in his behalf, shall be null and void.

SEC. 29. All the provisions concerning the powers, duties, and liabilities of marshal, shall, except where otherwise specially provided, be construed to include and apply to a coroner or an elisor, when authorized by law to discharge the duties of a marshal.

CORONER.

SEC. 30. There shall be a coroner for this District, who, before he enters upon the duties of his office, shall be sworn to the faithful discharge thereof, and shall give bond to the United States in the sum of five thousand dollars for the faithful discharge of the duties of his office, with security to be approved by the circuit court.

SEC. 31. The coroner shall be appointed for the term of four years, subject to removal at any time within said term by the President of the United States.

SEC. 32. The coroner shall perform the duties of marshal in all cases where the marshal is a party, or interested, shall be entitled to the same fees as are allowed by law to the marshal for similar services, and shall be subject to the same penalties.

ELISOR.

SEC. 33. Process and orders in any action or proceeding may be executed by any person residing in this District, designated by the court to which the same may be returnable, and denominated an elisor, in all cases where the marshal and coroner are both parties, or interested,

SEC. 34. An elisor, before he acts as such, shall be sworn to the faithful discharge of the duties of his office, and shall give such bond. and such security as shall be approved by the court appointing him. He shall be entitled to the same fees as are allowed by law to the marshal for similar services, and subject to the same penalties.

NOTARIES PUBLIC.

SEC. 35. Notaries public for this District may be appointed by the circuit court, to hold their offices during the pleasure of the said court. There shall be no new appointment of a notary public until

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 papers, shall be deposited in the office of the clerk of the circuit court.

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.

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