United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

. (page 32 of 150)
Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 32 of 150)
Font size
QR-code for this ebook


shall give such bonds as the court may require.

The marshal shall deliver persons duly adjudged insane in the
district to the authorities of such asylum or sanitarium as the gov-
ernor, with the approval of the Secretary of the Interior, may des-
ignate, and for the service of process in connection with and the
guarding and transportation of the insane he shall be compensated
as in the case of prisoners.

The deputy marshals shall be ex officio constables and executive
officers of the commissioners herein provided for, and shall have
the powers and discharge the duties of United States deputy mar-
shals, and also those of constables, under the laws of the United
States applicable to said district. (31 Stat. 324.)

8m notes to section 2 of this act ante, | 3560.

ProTisiona of section 2 of this act, referred to In this secUon, which an-

(1420)



Digitized by



Google



Ch. 3a) the territories and insular possessions § 3672

thorized the governor, subject to the direction and approval of the Secretary
of the Interior, to contract with an asylum or sanitarium for the care and
custody of persons adjudged insane, were superseded by provisions imposing
similar duties on the Secretary of the Interior, made by Act April 28, 1904,
c 1773, 33 Stat 526, and Act Feb. 6, 1909, c. 80, § 7, post, § 3609.

§ 3570. (Act March 3, 1909, c. 269, § 6.) Marshals.

Four United States marshals shall be appointed for the district,
one of whom shall be assigned to each division, and shall reside
at such place in the division as the Attorney-General shall direct.
(35 Stat. 841.)

Previous provisions for the appointment of marshals and their deputies,
assistants, etc., prescribing the authority and powers and duties of marshals
and deputy marshals, were made by Act June 6, 1900, c. 786, { 9, ante, §
3569.

§ 3571. (Act March 3, 1899, c. 429, § 459, as amended, Act Jan. 22,
1902, c. 3.) Marshals ; increase of amount of bond.
Whenever the business of the courts, in any division of the dis-
trict of Alaska shall make it necessary, in the opinion of the At-
torney-General, for the marshal for said division to furnish greater
security than the official bond now required by law, a bond in a
sum not to exceed seventy-five thousand dollars shall be given
when required by the Attorney-General, who shall fix the amount
thereof. (30 Stat. 1336. 32 Stat. 2.)

This section was part of the Alaska Code of Criminal Procedure, enacted
as Act March 3, 1899, c. 429, first cited above. As originally enacted, it
provided for increasing the amount of the bond *Vhenever the business of
the courts in the district of Alaska shall make it necessary." It was amended
to provide for such increase whenever the business of the courts in any division
of the District should make it necessary, as set forth here, by Act Jan. 22,
1903, c. 3, last cited above.

§ 3572. (Act June 6, 1900, c. 786, § 10.) Appointment of governor,
surveyor-general, attorneys, judges, and marshals, and their
compensation ; clerks' fees and disposition thereof, and clerical
assistance; traveling expenses of officers; surveyor-general to
act in case of death, etc., or absence of governor.
The governor, surveyor-general, attorneys, judges, and the mar-
shals provided for in this Act shall be appointed by the President,
by and with the advice and consent of the Senate, and shall hold
their respective offices for the term of four years and until their
successors are appointed and qualified, unless sooner removed by
the President for cause.

The officers so appointed shall severally be entitled to receive
annual compensation as follows :

The governor, the sum of five thousand dollars; the surveyor-
general and ex officio secretary of the district, as full compensation,
four thousand dollars; the judges, each the sum of [five thousand
dollars]; each marshal, the sum of four thousand dollars; the
clerks, each the sum of three thousand five hundred dollars; the
district attorneys, each [three thousand dollars], the salaries pay-
able from the Treasury of the United States, as like officers are
paid in other districts.
Each clerk shall collect all money arising from the fees of his of-

(1421)



Digitized by



Google



B 8672 THB TBBBIT0BIB8 AND INSULAR POSSESSIONS (Tit 23

fice or on any other account authorized by law to be paid to or
collected by him, and shall report the same and the disposition
thereof in detail, under oath, quarterly, or more frequently if re-
quired, to the court, the Attorney-General, and the Secretary of
the Treasury, and all public money received by him and his depu-
ties for fees or on any other account shall be paid out by the clerk
on the order of the court, duly made and signed by the judge, and
any balance remaining in his hands after all payments ordered by
the court shall have been made shall be by him covered into the
Treasury of the United States at such times and under such rules
and regulations as the Secretary of the Treasury may prescribe.
The clerk may employ necessary clerical help with the approval
and at compensation to be fixed by the court to aid him in the ex-
peditious discharge of the business of his office. Any person so
employed shall be paid by the clerk on the order of the court, as
other court expenses are paid.

The governor, surveyor-general, marshals, judges, clerks of court,
and district attorneys shall, in addition to their salaries, be paid
their actual traveling and subsistence expenses when traveling m
the discharge of their official duties. Accounts for such expenses
shall be rendered and paid as are accounts of judges, marshals,
clerks, and district attorneys for like expenses in other districts.

In case of death, removal, resignation, or absence of the governor
from the district, the surveyor-general as ex officio secretary of the
district shall have, and he is hereby authorized and required to
execute and perform, all the powers and duties of the governor
during such vacancy or absence, or until another governor shall
be appointed to fill such vacancy. (31 Stat. 325.)
See notes to section 2 of this act, ante, | 3560.

The words of this section inclosed in brackets, ''five thousand doUars,** stat-
ing the amount of compensation of each of the Judgeii, and the further words,
aiRo inclosed in brarketit, '*three thousand dollars,** stating the compensation
of each of the district attorneys, were superseded by subsequent prorisions
fixincr the salaries of the Judges at $7,500 each, and the salaries of the district
attorneys at $5,000 each, by amendments of sections 4, 8, of this act by Act
Mnrch 3, 1900. c 260, H 2. 4, which amendments are incorporated in the sec-
tions so amended as set forth, ante, || 8564, 856a

Subsequent appropriations provide an increased salary for the governor.
The provision for the fiscal year 1914 was $7,000, by Act Blarch 4, 1913, c 142,
I 1, 37 Stat 763.

§ 3573. (Act June 6, 1900, c. 786, § 11, as amended. Act March 3,
1909, c 269, § 5.) Accounts of fees and expenses of commis-
sioners and deputy marshals; excess of net fees to be paid to
clerk for court expenses.
An accurate detailed account of all fees earned and expenses in-
curred by commissioners and deputy marshals shall be prepared
in duplicate quarterly, duly verified by the oath of the commission-
er or deputy marshal rendering the account, and forwarded to the
clerk for the proper division of the district court and approved by
the judge thereof, if found to be in accordance with law. After
approval by the judge the original of each such account shall be
forwarded by the clerk to the Department of Justice for revision
(1422)



Digitized by



Google



Ch. 3a) thb tbbbitoribs and insular possessions § 3575

and the duplicate filed in the court. All net fees earned in excess
of the sum of three thousand dollars per calendar year or in excess
of that rate for a less period, by any commissioner or deputy mar-
shal, shall be annually paid to the clerk of the proper division of
the court to be available for incidental expenses of the district court
of the proper division, such payment of such incidental expenses to
be accompanied by a verified detailed statement of said clerk. (31
Stat. 326. 35 Sut. 841.)

See notes to section 2 of this act, ante, | 3560.

This section, as originally enacted, required that an account of all fees re-
ceived and disbursements made by commissioners and deputy marshals should
bo iiled quarterly with the clerk and approved by the judge, and that all such
net fees in excess of $3,000 per annum should be annually paid to the clerk
and by him paid into the Treasury of the United States. It was amended
to read as set forth here, by Act March 3, 1909, c. 269, { 5, last cited above.

§ 3574. (Act June 6, 1900, c. 786, § 12.) Ckrks' bonds.

The clerks of the court shall each, before entering upon the du-
ties of his office, execute a bond with sufficient sureties, to be ap-
proved by the Secretary of the Treasury, or the court or a judge
thereof, in the penalty of twenty thousand dollars, for the faithful
performance of his official duties, and file the same with the Attor-
ney-General; and each commissioner shall, before entering upon
the duties, of his office, execute a bond, with sufficient sureties, to
be approved by the court, or a judge thereof, in the penalty of one
thousand dollars, for the faithful performance of his official duties,
and file the same with the clerk, who shall send a certified copy
thereof to the Attorney-General. (31 Stat. 326.)
See notes to section 2 of this act, ante, | 3560.

§ 3575. (Act June 6, 1900, c. 786, § 13.) Recording districts within
recording divisions ; designation of commissioner as ex officio
recorder; clerk to be ex officio recorder of portion of division
not within recording district; changes, etc., of recording dis-
tricts.
At any regular or special term an order may be made by the court
establishing one or more recording districts within the recording
division under the supervision of such division of the court and de-
fining the boundaries thereof by reference to natural objects and
permanent landmarks, or monuments, in such manner that the
boundaries thereof can be readily determined.

The order establishing a recording district shall designate a com-
missioner to be ex officio recorder thereof, and shall also designate
the place where the commissioner shall keep his recording office
within the recording district :

. Provided, The clerk of the court shall be ex officio recorder of
all that portion of the recording division under the supervision of
his division of the court not embraced within the limits of a record-
ing district established, bounded, and described therein as author-
ized by this Act, and when any part of the division for which a
clerk has been recording shall be embraced in a recording district,
such clerk shall transcribe that portion of his records appertaining

(1423)



Digitized by



Google



g 3575 TUB TBRBITORIB8 AND INSULAR POSSESSIONS (Tit 23

to such district and deliver the same to the commissioner designat-
ed as recorder thereof.

Whenever it appears to the satisfaction of the court that the pub-
lic interests demand, or that the convenience of the people require,
the court may change or modify the boundaries or discontinue a
recording district or change the location of the recording office, or
remove the commissioner acting as ex officio recorder, and appoint
another commissioner to fill the office. (31 Stat. 327.)

See notes to lection 2 of this act, ante, | 3560.

The fint paracrapb of this section, omitted here, proTided for the dlTision
of the district by the Judfres into three recording divisions. It was superseded
by the amendment of section 4 of this act by Act March 8, 1909, c. 269, | 2,
incorporated in said section 4 of this act as set forth ante, | 8564, whereby
the four divisions of the district court were also made recording diTisiona.

§ 3576. (Act June 6, 1900, c. 786, § 14.) Record books, etc; du-
ties of recorders as to books, records, etc.

The clerk as ex officio recorder must procure such books for rec-
ords as the business of his office requires and such as may be re-
quired by the respective commissioners designated as recorders in
his division of the court, but orders for the same must first be ob-
tained from the court or the judge thereof. The respective officers
acting as ex officio recorders shall have the custody and must keep
all the books, records, maps, and papers deposited in their respec-
tive offices, and where a recorder is removed or from any cause be-
comes unable to act, or a recording district is discontinued, the rec-
ords and all books, papers, and property relating thereto shall be
delivered to the clerk or such officer or person as the court or judge
thereof may direct.

The record books procured by the clerk, as herein provided, shall
be paid for by him, on the order of the court, out of any moneys in
his hands, as other court expenses are paid. (31 Stat. 327.)
See notes to section 2 of this act, ante, | 3560.

§ 3577. (Act June 6, 1900, c. 786, § 15.) Instruments, etc., to be
recorded; time for recording notices of location of mining
claims; place of recording instruments.

The respective recorders shall, upon the payment of the fees
for the same prescribed by the Attorney-General, record separately,
in large and well-bound separate books, in fair hand :

First. Deeds, grants, transfers, contracts to sell or convey real
estate and mortgages of real estate, releases of mortgages, powers
of attorney, leases which have been acknowledged or proved, mort-
gages upon personal property ;

Second. Certificates of marriage and marriage contracts and
births and deaths;

Third. Wills devising real estate admitted to probate;

Fourth. Official bonds ;

Fifth. Transcripts of judgments which by law are made liens
upon real estate ;

Sixth. All orders and judgments made by the district court or
(1424)



Digitized by



Google



Ch. 3a) THB TBRBIT0BIB8 AND INSULAR POSSESSIONS fi ^578

the commissioners in probate matters affecting real estate which
are required to be recorded ;

Seventh. Notices and declaration of water rights ;

Eighth. Assignments for the benefit of creditors;

Ninth. Affidavits of annual work done on mining claims ;

Tenth. Notices of mining location and declaratory statements ;

Eleventh. Such other writings as are required or permitted by
law to be recorded, including the liens of mechanics, laborers, and
others: Provided, Notices of location of mining claims shall be
filed for record within ninety days from the date of the discovery of
the \:laim described in the notice, and all instruments shall be re-
corded in the recording district in which the property or subject-
matter affected by the instrument is situated, and where the prop-
erty or subject-matter is not situated in any established recording
district the instrument affecting the same shall be recorded in the
office of the clerk of the division of the (Tourt having supervision
over the recording division in which such property or subject-
matter is situated. (31 Stat. 327.)

See notes to section 2 of this act, ante, { 3560.

§ 3578. (Act June 6, 1900, c. 786, § 16.) Accounts for fees col-
lected for instruments unrecorded; punishment for failure to
account; liability of officers and bondsmen; unrecorded instru-
ments to be recorded by officer's successor.
Any clerk or commissioner authorized to record any instrument
who having collected fees for so doing fails to record such instru-
ment shall account to his successor in office, or to such person as
the court may direct, for all the fees received by him for recording
any instrument on file and unrecorded at the expiration of his offi-
cial term, or at the time he is required to transfer his records to
another officer under the direction of the court. And any clerk or
commissioner who fails, neglects, or refuses to so account for fees
received and not actually earned by the recording of instrument
shall be deemed guilty of a misdemeanor, and on conviction there-
of shall be fined not less than one hundred dollars nor more than
one thousand dollars, and imprisoned for not more than one year,
or until the fees received and unearned as aforesaid shall have
been properly accounted for and paid over by him, as hereinbefore
provided. And in addition such fees may be recovered from such
clerk or commissioner or the bondsmen of either, in a civil action
which shall be brought by the district attorney, in the name of the
United States, to recover the same; and the amount when recov-
ered shall be by the court transferred to the successor in office of
such recorder who shall thereupon proceed to record the unrecord-
ed instruments. (31 Stat. 328.)

See notes to section 2 of this act, ante, § 3560.

A proviso annexed to this section, authorizing miners in any organized
mining district to make rules and regulations governing recording notices of

Comp.St.'13-90 (1426)



Digitized by



Google



§ 3578 THE TBRBITORIBS AND INSULAB P088BBBION8 (Tit. 23

location of mining claims, etc., and permitting miners' In such mining district
not within any recording district to elect their own mining recorder, is set
forth post, § 5050.

A further proviso annexed to this section, legalizing certain records there-
tofore made, is omitted, as temi>orar7 merely.

§ 3579. (Act June 6, 1900, c. 786, § 17.) Notaries public; resi-
dence ; term of office.

Every person appointed as a notary public must at the time of
his appointment be a resident of the district and must continue to
reside therein during his term of office. Removal from the district
vacates his office and is equivalent to resignation.

The term of office of a notary public shall be four years from
and after the date of his commission, but he may be sooner re-
moved by the governor for misconduct in office. (31 Stat. 328.)

§ 3580. (Act June 6, 1900, c. 786, § 18.) Notaries public; duties.

It shall be the duty of a notary public —

First. When requested, to demand acceptance and payment of
foreign, domestic, and inland bills of exchange, or promissory notes,
and 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 or by the laws of any State, gov-
ernment, or country may be performed by notaries, and keep a
record of such acts.

Second. To take acknowledgment or proof of powers of attorney,
deeds, mortgages, grants, transfers, and other instruments of writ-
ing executed by any person and to give a certificate of such proof
or acknowledgment indorsed or attached to the instrument.

Third. To take depositions and affidavits and administer oaths
and affirmations in all matters incident to the duties of the office
or to be used before any court, judge, or officer.

Fourth. When requested and upon payment of his fees therefor
to make and give a certified copy of any record in his office.

Fifth. To provide and keep an official seal, upon which must be
engraved the name of the district and the words "Notary Public,"
with the surname of the notary and at least the initials of his Chris-
tian name. (31 Stat. 328.)

§ 3581. (Act June 6, 1900, c. 786, § 19.) Protests of notaries of bills
of exchange or promissory notes ; effect as evidence.

The protest of a notary public under his hand and seal of a bill
of exchange or promissory note for nonacceptance or nonpayment,
stating the presentment for acceptance or payment and the nonac-
ceptance or nonpayment thereof, the service of notice on any and
all parties to such bill of exchange or promissory note and specify-
ing the mode of giving such notice and the reputed place of resi-
dence of the party to such bill of exchange or promissory note
and of the party to whom same was given and the post-office near-
est thereto is prima facie evidence of the facts contained therein.
(31 Stat. 329.)

(1426)



Digitized by



Google



Ch. 3a) thb tbbbitobibs and insulab possessions § 3587

§ 3582. (Act June 6, 1900, c. 786, § 20.) Notaries' records; deposit
in oHice of clerk.
It shall be the duty of every notary public, on his resignation
or removal from office or at the expiration of his term and in case
of his death of his legal representative, to forthwith deposit all the
records kept by him in the office of the clerk of the division of the
district court in wrhich he resides, and on failure to do so the person
so offending is liable in damages to any person injured thereby. (31
Stat. 329.)

§ 3583. (Act June 6, 1900, c. 786, § 21.) Notaries' records; duties
of clerk ; copies, and effect thereof as evidence.

It shall be the duty of each clerk aforesaid to receive and safely
keep all records and papers of the notary in each case above named
and to g^ve attested copies of them under his seal, for which he
may demand such fees as by law may be allowed to the notaries,
and such copies shall have the same effect as if certified by the no-
tary. (31 Stat. 329.)

§ 3584. (Act June 6, 1900, c. 786, § 22.) Notaries' bonds.

Each notary must execute an official bond in the sum of one thou-
sand dollars, which bond must be approved by the clerk of the di-
vision of the district court located nearest his residence. (31 Stat.
329.)

§ 3585. (Act June 6, 1900, c. 786, § 23.) Notaries; qualification
and commission.
Each notary public, upon approval of his official bond, so soon
as he has taken his official oath, must transmit such bond and
oath, signed by him with his own proper signature to the office of
the secretary of the district, whereupon the governor must issue
a commission. (31 Stat. 329.)

§ 3586. (Act June 6, 1900, c. 786, § 24.) Notaries; liability for mis-
conduct or neglect.
For the official misconduct or neglect of a notary public, he and
sureties on his official bond are liable to the parties injured thereby
for all damages sustained. (31 Stat. 329.)

§ 3587. (Act June 6, 1900, c. 786, § 30.) Fees of officers for serv-
ices required or authorized for which no compensation is pro-
vided.
In case the law requires or authorizes any services to be per-
formed or any act to be done by any official or person within the
District of Alaska, and provides no compensation therefor, the At-
torney-General may prescribe and promulgate a schedule of such
fees, mileage, or other compensation as shall be by him deemed
proper for each division of the court, and such schedule shall have
the force and effect of law; and the Attorney-General may from

(1427)



Digitized by



Google



§ 8688 THB TBBRITORIE8 AND INSULAR P088B88I0NB (Tit 23

time to time amend such schedule and promulgate the same as
amended, and the schedule as amended and promulgated shall also
have the force and effect of law. (31 Stat. 332.)

§ 3588. (Act June 6, 1900, c. 786, § 31.) Use of public buildings
for court rooms and o£fices; construction and repair of jails;
construction of building for court where suitable court room
not available ; construction of court building or jail to be au-
thorized by the Attomey-GeneraL
Any of the public buildings in the district not required for the
customs service or military purposes may be used for court rooms
and offices of the civil government; and the marshals of the dis-
trict shall, each in his division, be the custodian of such buildings.
Any division of the court may, where necessary, order the construc-
tion or repair of a jail building at the place or places where terms
of the court are held, at a cost not to exceed three thousand dol-
lars for each building, the same to be paid by the clerk as provided
for the payment of other allowances tor the necessary expenses of
the court; and any part or portion of the unappropriated public
domain of the United States, embracing not more than four thou-
sand square feet, to be taken in compact form, as near as may be
practicable, may be set aside by order of the court as a jail site,
which order shall describe the location of the ground selected,
where unsurveyed by metes and bounds and by reference to nat-
ural objects and permanent monuments, in such manner that its
boundaries and its location may be readily determined, a certified
copy of which order of the court shall be by the clerk thereof trans-
mitted to the Commissioner of the General Land Office, who shall
cause the same to be noted on the records of his office, and there-
after the ground described shall be reserved from sale or other dis-
position, unless for good cause the court shall vacate the order of



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 32 of 150)