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Sec.

Sec. 3.25 Powers of notaries.

3.30 Compensation to Government em3.26 Depositions.

ployees. 3.27 No pecuniary relationship to trans- 3.31 Fees. action.

3.32 Same; penalty for higher fee. 3.28 False certificates.

3.33 Form of acknowledgment to deeds. 3.29 False representation.

INTRODUCTION

Power of President. The President is empowered to appoint such number of notaries public for the District of Columbia as, in his discretion, the business of the District may require. (43 Stat. 821; 4 D. C. Code 11)

The Office of Appointment Clerk. Until 1850 all applications and papers relating to appointments of notaries public for the District of Columbia were received in the State Department and all business relating to such appointments was transacted there. About 1850 this work was transferred to the office of the Attorney General. After the establishment of the Department of Justice in 1870, appointment matters were transacted under the supervision of a clerk whose title, in 1903, became that of Appointment Clerk.

REGULATIONS

Section 3.1 Notaries must be residents. Appointments will be made only of persons who are residents of the District or whose sole place of business or employment is located therein.** [Sec. 3]

*$$ 3.1 to 3.33, inclusive, issued under the authority contained in 43 Stat. 821 ; 4 D. C. Code 11. Statutes interpreted are noted in parentheses at the end of specific sections.

†The source of $$ 3.1 to 3.33, inclusive, is Regulations governing the appointment of notaries public, Attorney General, June 1, 1938.

3.2 Term of appointment. Said notaries hold their offices for the period of 5 years, removable at discretion.*+ (Sec. 559, 31 Stat. 1279; 4 D. C. Code 12) [Sec. 4]

3.3 Form of application. Application for appointment as a notary public must be made on the form furnished by the Department of Justice and should be mailed to the Attorney General.*+ [Sec. 5]

3.4 Indorsements. Such application must be supported by letters of indorsement from three or four responsible persons.*1 [Sec. 6]

3.5 Necessary knowledge of duties. Candidates will be given opportunity, during personal interviews and by oral examinations at the Department of Justice, to show that they have the necessary knowledge of the powers, duties and liabilities of notaries public.** [Sec. 7]

3.6 Regular business hours required. Appointments will be made only of persons having regular business hours during which they may be found at a designated office or place of business.** Sec. 87

3.7 Special appointment. When a notary has been appointed especially to meet the needs of some particular locality or situation, the commission will be subject to termination, in the discretion of the Attorney General, upon change in location or business connection.** Sec. 9]

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**For statutory and source citations, see note to $ 3.1.

3.8 Appointment of Government employees. A person employed in an Executive Department or other Government office will not be appointed or reappointed a notary unless his appointment is requested by the head of that Department or office to facilitate the transaction of Government business. The commission of persons so appointed will be subject to termination upon their leaving the Government service.** [Sec. 10]

3.9 Reappointment. A notary public, not in Government service, applying for reappointment, must submit a summary of his notarial business for the 3 months next preceding the date of application for reappointment. This summary is to be based on actual records, not estimates; hence it is essential that a record be kept during the period. No reappointment will be made unless such report shows an amount of notarial work transacted evidencing a public need for the reappointment.** [Sec. 11]

3.10 Married women. In the event that a woman who is a notary public changes her name by marriage, a new appointment and bond as notary public are necessary before she may continue to act as such.** [Sec. 12]

3.11 Representation of clients before Government departments. The appointment of any person as a notary public, or the acceptance of his commission as such, or the performance of the duties thereunder, shall not disqualify or prevent such person from representing clients before any of the departments of the United States Government in the District of Columbia or elsewhere.** [Sec. 13]

3.12 Same; disqualification. However, no notary public is authorized to take acknowledgments, administer oaths, certify papers, or perform any official acts in connection with matters in which he is employed as counsel, attorney, or agent or in which he may be in any way interested before any of the departments aforesaid. ** [Sec. 14]

3.13 Notice of appointment. When a notary's commission has been signed, notice is sent to the appointee, together with a blank form of bond.*1 [Sec. 15]

3.14 Oath and bond. Every notary public, before entering upon the duties of his office, must take the oath prescribed for civil officers in the District of Columbia, and must give bond to the United States in the sum of $2,000, with security for the faithful discharge of the duties of his office. Before the bond is filed in the Department of Justice, it must be approved by the District Court of the United States for the District of Columbia or a Justice thereof. Subject to such approval, sureties on the bond may be either individual or corporate. If corporate surety is given, the bond must be accompanied by a receipt showing payment of premium in full for the entire term. No charge is made by the Department of Justice for the issuance of a commission.** [Sec. 16]

3.15 Notarial seal. Each notary public shall provide a notarial seal, with which he shall authenticate all his official acts.*i (Sec. 562, 31 Stat. 1279; 4 D. C. Code 15) [Sec. 17]

**For statutory and source citations, see note to g 3.1.

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3.16 Filing of signature and seal. He shall file his signature and an impression of his official seal in the office of the clerk of the District Court of the United States for the District of Columbia.** (Sec. 563, 31 Stat. 1279; 4 D. C. Code 16) [Sec. 18]

3.17 Seal and documents exempt from execution. A notary's official seal and his official documents shall be exempt from execution.** (Sec. 564, 31 Stat. 1279; 4 D. C. Code 17) [Sec. 19]

3.18 Record of notarial acts. Each notary public shall keep a fair record of all his official acts, except such as are mentioned in section 21 of title 4 of the District of Columbia Code, and when required shall give a certified copy of any record in his office to any person upon payment of the fees therefor.** (Sec. 569, 31 Stat. 1280; 4 D. C. Code 22) [Sec. 20]

3.19 Signs and reports. Every notary public, except those in the Government service, must exhibit a sign, and inform the Attorney General promptly of any change in his office address, and is required to file a report in January of each year of his notarial work transacted during the preceding 3 months.** [Sec. 21]

3.20 Death, resignation, or removal. 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 District Court.** (Sec. 573, 31 Stat. 1280; 4 D. C. Code 24) [Sec. 22]

3.21 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. 565, 31 Stat. 1279; 4 D. C. Code 18) [Sec. 23]

3.22 Inland bills of exchange. 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.** (Sec. 567, 31 Stat. 1279; 4 D. C. Code 19) [Sec. 24]

3.23 Certificates. 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. 570, 31 Stat, 1280; 4 D. C. Code 23) [Sec. 25]

3.24 Acts for use outside District. Votaries public 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. 566, 31 Stat. 1279; 4 D. C. Code 20) [Sec. 26]

3.25 Powers of notaries. Notaries 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

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**For statutory and source citations, see note to § 3.1

acknowledgment of any conveyance or other instrument of writing executed by any married woman, to take depositions and to administer oaths and affirmations and also to take affidavits to be used by any court, judge, or officer within the District.** (Sec. 568, 31 Stat. 1280, 32 Stat. 533; 4 D. C. Code 21) [Sec. 27]

3.26 Depositions. Notaries public 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. No notary public shall be eligible to take any depositions in any case in which he is acting as counsel or attorney or is in any wise interested in the event of the cause.** (Sec. 560, 31 Stat. 1279, sec. 1058, 32 Stat. 538; 4 D. C. Code 13, 9 D. C. Code 3) [Sec. 28]

3.27 No pecuniary relationship to transaction. A person who has a pecuniary relationship with the transaction which he proposes to attest should not act as notary public.*1 [Sec. 29]

3.28 False certificates. When it is brought to the attention of the Department of Justice that any notary has wilfully certified falsely that an instrument was acknowledged by any party thereto, or wilfully certified falsely as to any other material matter in such acknowledgment, the revocation of his commission will be in order, and the case will be referred to the United States Attorney for the District of Columbia for prosecution under section 88 of title 6 of the District of Columbia Code (Sec. 845, 31 Stat. 1327).*+ [Sec. 30]

3.29 False representation. When it is brought to the attention of the Department of Justice that any person has falsely represented himself to be a notary public or having been duly appointed to any such office has knowingly attempted to act as a notary public after his appointment has expired or he has been dismissed from such office, the case will be referred to the United States Attorney for the District of Columbia for prosecution under section 133 of title 6 of the District of Columbia Code (Sec. 860, 31 Stat. 1330, 35 Stat. 623).*+ [Sec. 31]

3.30 Compensation to Government employees. No officer, clerk or employee in the executive service of the Government (except postinasters at offices of the fourth class and rural carriers) who is also a notary public, should charge or receive any compensation whatever for performing any notarial act for an officer, clerk or employee of the Government in his official capacity, or for any person when, in the case of such person the act is performed during the hours of such notary's service to the Government. This prohibition, however, does not apply to oaths of disinterestedness or other oaths required to be made by law, provided that the work in connection therewith is not performed during office hours (E.O. 977, Nov. 24, 1908).*1 [Sec. 32] 3.31 Fees. The fees of notaries public shall be: (a) For each certificate and seal, 50 cents.

(b) Taking depositions or other writings, for each 100 words, 10 cents.

(c) Administering an oath, 15 cents.

**For statutory and source citations, see note to $ 3.1.

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(d) Taking acknowledgment of a deed or power of attorney, with certificate thereof, 50 cents.

(e) Every protest of a bill of exchange or promissory note, and recording the same, $1.75.

(f) Each notice of protest, 10 cents.

(g) Each demand for acceptance or payment, if accepted or paid, 1 dollar, to be paid by the party accepting or paying the same.

(h) Each noting of protest, 1 dollar.** (Sec. 571, 31 Stat. 1280, 32 Stat. 533; 10 D. C. Code 12) [Sec. 33]

3.32 Same; penalty for higher fee. Any notary public who shall take a higher fee than is prescribed by the preceding section shall pay a fine of $100 and be removed from office by the District Court of the United States for the District of Columbia.** (Sec. 572, 31 Stat. 12:80; 10 D. C. Code 13) [Sec. 34]

3.33 Form of acknowledgment to deeds. The certificate of the notary public taking acknowledgment of deeds shall be to the following effect:

I, A B, a notary public (or other officer authorized) in and for the District of Columbia, do hereby certify that C D, party to a certain deed bearing date on the

day of ---, and hereto annexed, personally appeared before we in said District, the said C D being personally well known to me as (or proved by the oath of credible witnesses to be) the person who executed the said deed, and acknowledged the same to be his act and deed. Given under my hand and seal this

day of

A. B. (Seal.) **(Sec. 493, 31 Stat. 1267, 32 Stat. 531; 25 D. C. Code 151) [Sec. 35]

PART 4-ADMINISTRATION OF ALIEN PROPERTY

Sec.

Sec. Regulations

4.2 Restrictions still imposed thereon. 4.1 Removal of certain restrictions on 4.3 Determination of qualifications of payments and transfers.

claimants. INTRODUCTION

Transfer of the Administration of Alien Property to the Department of Justice. On May 1, 1934, the Office of the Alien Property Custodian was abolished and the authority, rights, privileges, power and duties conferred and imposed on the Alien Property Custodian by law and Executive order were transferred to the Department of Justice, to be administered under the supervision of the Attorney General.

Creation of the Alien Property Bureau. On July 2, 1934, the Alien Property Bureau was established in the Department of Justice to perform all the functions theretofore performed by the Office of the Alien Property Custodian.

Organization of the Alien Property Bureau. The Alien Property Bureau is in charge of a Director and is under the supervision of the Assistant Attorney General in charge of the Claims Division.

REGULATIONS

Section 4.1 Removal of certain restrictions on payments and transfers. For the purposes of Public Resolution No. 53 of June 27, 1934 (48 Stat. 1267), it is hereby determined that Germany has been and is now in arrears in payments of principal and interest under the

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* For statutory and source citations, see note to $ 3.1.

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