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Subchapter III.--DEEDS OF CHATTELS.

Secs. 1105, 1106, 4 D. C. App., 416; 29 Stat., 128.

ch. , sec. 5.

Sec. 546. RECORDING.—No bill of sale or mortgage or

deed of trust to secure a debt of any personal chattels Ma soet 8. 1729, whereof the vendor, mortgagor, or donor shall remain in

possession, shall be valid and effectual to pass the title therein, except as between the parties to such instrument and as to other persons having actual notice of it, unless the same be executed, acknowledged, and within ten days from the date of such acknowledgment recorded in the same manner as deeds of real estate, as herein directed, and as to third persons not having notice of it, as aforesaid, such instrument shall be operative only from the time within said ten days when it is delivered to the

recorder of deeds to be recorded. 9 D. C. App., Sec. 547. CONDITIONAL SALES.—No conditional sale of

C. chattels in virtue of which the property is delivered to ARP.; 212,3 hitra, the purchaser, but by the terms of which the title is not

to

pass until the price of said chattels is fully paid, where the purchase price exceeds one hundred dollars, shall be valid as against third persons acquiring title to said property from said purchaser without notice of the terms of said sale, unless the terms of said sale are reduced to writing and signed by the parties thereto and acknowledged by the purchaser and recorded in the same manner as a chattel mortgage, as hereinabove provided; and said writing shall be indexed as if the purchaser were a mortgagor and the seller a mortgagee of such chattels, and shall be operative as to third persons without actual notice of it from the time of being so recorded.

109; 7 D. C. App., 192; 33 D.

sec. 1619.

Subchapter IV.-DEEDS, RECORDER OF.

R. S. D. C. 467 sec. 493.

Sec. 548. APPOINTMENT AND DUTIES.—There shall be a recorder of deeds of the District, appointed by the President, by and with the advice and consent of the Senate, who shall record all deeds, contracts, and other instruments in writing affecting the title or ownership of any real estate or personal property in the District which shall have been duly acknowledged and certified, and who shall perform all requisite services connected therewith, and shall have charge and custody of all the records, papers,

and property appertaining to his office. Sec. 549. DEPUTY RECORDER.—The recorder of deeds is authorized to appoint a deputy recorder, and all deeds of conveyance, leases, powers of attorney, and other written instruments required to be filed and recorded, and all copies of instruments and records and certificates authorized by law, filed, recorded, made, and certified by the deputy recorder shall have the same legality, force, and effect as if performed by the recorder.

Sec. 550. VACANCY.-In case of a vacancy in the office of the recorder by death, resignation, or other cause the deputy recorder shall act until a recorder shall be duly appointed and qualified: Provided, That no additional

are

expense shall be incurred by the District for said deputy and no other fees shall be allowed than are now provided by law.

Sec. 551. TYPEWRITTEN RECORDS.—The recorder of deeds is authorized and empowered to purchase and use in his office, for the recording of deeds and other instruments of writing required by law to be recorded in said office, typewriting machines, to be paid for as appropriations may be made from time to time; and all deeds and other instruments of writing entitled by law to be recorded in said office which shall be recorded by typewriting machines hereby declared to be legally recorded.

Sec. 552. FEES.—The legal fees for the services of the Ib., sec. 605. recorder shall be as follows, namely:

For filing, recording, and indexing, or for making certified copy of any instrument containing two hundred words or less, fifty cents, and fifteen cents for each additional hundred words, to be collected at the time of filing and when the copy is made.

For each certificate and seal, twenty-five cents.

For searching records extending back two years or less next preceding current date, twenty-five cents, and five cents for each additional year, to be paid by the party for whom the search may be made.

For recording a town plat, three cents for each lot such plat may contain.

For recording a plat or survey, five cents for each course such survey may contain.

For filing and indexing any paper required by law to be filed in his office, fifteen cents.

For taking any acknowledgment, fifty cents.

In addition to the fees herein required, all corporations hereafter incorporated in the District of Columbia shall pay to the recorder of deeds at the time of the filing of the certificate of incorporation forty cents on each thousand dollars of the amount of the capital stock of the corporation, as set forth in its said certificate: Provided, however, That the fee so paid shall not be less than twenty-five dollars: And provided further, That the recorder of deeds shall not file or record any certificate of organization of any incorporation until it has been proved to his satisfaction that all the capital stock of said company has been subscribed for in good faith, and not less than ten per cent of the par value of the stock has been actually paid in cash, and the money derived therefrom is then in the possession of the persons named as the first board of trustees. - Act approved, February 4, 1905 (33 Stat., Part 1, p. 689).

Sec. 553. SALARY; SURPLUS TO TREASURY.-The recorder of deeds of the District of Columbia shall not retain of the fees and emoluments of his office for his personal compensation over and above his necessary clerk hire and the incidental expenses of his office, certified to by the supreme court of the District of

BE

PAID INTO THE

Columbia, or by one of its justices appointed by it for that purpose, and to be audited and allowed by the proper accounting officer of the Treasury, a sum exceeding four thousand dollars a year or exceeding that rate for any time less than a year; and the surplus of such fees and emoluments shall be paid into the 'Treasury to the credit of the District of Columbia: Provided, That the number of clerks and others employed in the office of the recorder of deeds shall not be increased, except that additional copyists may be employed for temporary service as the necessities of the oflice may require, nor shall the salary or compensation of clerks and others be increased beyond the salaries or compensation paid during the fiscal year [eighteen hundred' and ninety-one) nineteen hundred and one, to take effect with this code; and the salary of the deputy recorder of deeds shall be two thousand five hundred dollars per annum, to be paid out of the fees and emoluments of said office of recorder of deeds.

(Repealed-32 Stat., Part I, p. 533.)

[Sec. 554. List OF TRANSFERS TO BE FURNISHED TO COLLECTOR OF TAXES.—The recorder of deeds shall furnish to the collector of taxes, on or about the first Monday in January and July of each year, correct lists of the transfers of real property in the District during the preceeding half year, so far as can be ascertained by the records in his

office, but shall not be entitled to any compensation for such service.] Dancy v. Clark, Sec. 555. INSTRUMENTS NOT EXECUTED OR ACKNOWL24 D. C. App., 487; 5 D. C. APP, EDGED ACCORDING TO LAW.-The recorder shall not accept

for record or record any instrument which shall not be executed and acknowledged agreeably to law by the person or party therein granting or contracting with respect to his right, title, or interest in the land therein described.Act of June 30, 1902 (32 Stat., Part I, p. 533).

114.

(Repealed.) [Sec. 555. INSTRUMENTS NOT EXECUTED OR ACKNOWLEDGED ACCORDING TO LAW NOT TO BE RECORDED.-The recorder shall not accept for record or record any instrument which shall not be executed and acknowledged agreeably to law by the person or party therein granting or contracting with respect to his right, title, or interest in the land therein described; and the record of any such instrument, if the same should be recorded, and the knowledge by any person of the fact of such record shall not be either constructive or actual notice of the existence of such instrument.]

Sec. 556. PUBLIC RECORDS TO BE OPEN FOR INSPECTION.—All public records which have reference to or in any way relate to real or personal property in the District of Columbia, whether the same be in the office of the recorder of deeds or in some other public office in the District of Columbia, shall be open to the public for inspection free of charge.

Subchapter V.-FORMS OF CONVEYANCING.

FEE SIMPLE DEED.

....of....

This deed, made this...... day of

in the year.

by me, witnesseth, that in consideration of (here insert consideration), Í, the said. .., do grant unto (here insert grantee's name), of......, all that (here describe the property). Witness my hand and seal.

(Seal.) DEED BY HUSBAND AND WIFE. This deed, made this. day of......, in the year......, by us, .and......, his wise, of......, witnesseth, that in consideration of......, we, the said...... and his wife, do grant unto......, of......, and so forth. Witness our hands and seals.

[Seal.)

Seal.) DEED OF [Live] life ESTATE. This deed, made this. day of

in the year......, by me,

of....

witnesseth, that in consideration of I, the said.. do grant unto. of... all that [and so forth,](here describe the property) to hold during his life and no longer. Witness my hand and seal.

[Seal.)

DEED OF TRUST TO SECURE DEBTS, SURETIES, OR FOR OTHER PURPOSES.

of......,

This deed, made this......day of......, in the year......

by me,

of...... witnesseth, that whereas (here insert the consideration for the deed), 1, the said. grant unto.. (as trustee] of......, as trustee, the following property (here describe it) in trust for the following purposes (here insert the trusts and any covenant that may be agreed upon). Witness my hand and seal.

[Seal.) FORM OF TRUSTEE'S DEED UNDER A DECREE. This deed, made this...... day of....., in the year......, by me,......, trustee, of

witnesseth: Whereas by a decree of (here insert court) passed on the......day of in the cause of.... versus......

I, the said.. was appointed trustee to sell the land decreed to be sold, and have sold the same to......; and said sale has been ratified by said court, and said...... has fully paid the purchase money due on said sale; now, therefore, in consideration of the premises, 1, the said. ...., do grant unto.. all the right and title of all the parties to the aforesaid cause, in and to all that (here de scribe property). Witness iny hand and seal.

[Seal.) EXECUTOR'S DEED. This deed, made this... day of

in the year...

witnesseth, that I,..... of....., executor of the last will of.. .. late of.. deceased, under a power in said will contained, in consideration of....., have sold and do hereby grant to....

of......, all that [. and so forth] (here describe the property). Witness my hand and seal.

(Seal.) FORM OF MORTGAGE, WITH OR WITHOUT POWER OF SALE. This mortgage, made this......day of.....

in the year...

witnesseth that whereas I, ......of....., am indebted unto... of. ..., in the sum of......

.., payable......, for which I have given to said...... by [promissory notes or bonds, or other instruments,] (here describe obligation). Now, in consideration thereof, I hereby grant unto the said ......all that (here describe property), provided that if I shall punctually pay said (notes or other instruinents) arcording to the tenor thereof then this mortgage shall be void. And if I shall make default in such payment the said ... is hereby autborized and empowered to sell said property at public auction on the following terms (here insert them), and out of the proceedis of sale to retain whatever shall remain unpaid of my said indebtedness and the costs of such sale, and the surplus, if any, to pay to me. Given under my hand and seal.

[Seal.) FORM OF LEASE.

This lease, made this ...... of

in the year

between

of

and ol. witnesseth that the said doth lease unto the said

his executor, administrator, and assigns, all that (here describe the property) for the term of...... years, beginning on the......day of

in the year

and ending on the in the year

...... the said ...... paying therefor the sum of.. on the day of ...... in each and every year (or month, as the case may be). Witness our hands and seals.

[Seal.)

.)

day of

:

The aforegoing forms or forms to the like effect shall be sufficient, and any covenant, limitation, restriction, or proviso allowed by law may be added, annexed to, or introduced in the above forms. Any other form conforming to the rules hereinbefore laid down shall be sufficient.

CHAPTER XVII.

COMMISSIONERS OF DEEDS AND NOTARIES PUBLIC.

Sec. 493.

Hall - Marvin Safe Co. v. Her

Sec. 557. COMMISSIONERS OF DEEDS.—The President of the United States is authorized to appoint as many commissioners of deeds throughout the United States as he may deem necessary, with power to take the acknowledgment of deeds for the conveyance of property within the District, administer oaths, and take depositions in cases pending in the courts of said District in the manner prescribed by law; to whose acts, properly attested by their hands and seals of office, full faith and credit shall be given.

Sec. 558. NOTARIES.— The President shall also have ring, 31e Par c; power to appoint such number of notaries public, resiD!!! App., 401. dents of said District, as, in his discretion, the business of

the District may require: Provided, That the appointment of any person as such 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, provided such person so appointed as a notary public who appears to practice or represent clients before any such Department is not otherwise engaged in Government employ, and shall be admitted by the heads of such Departments to practice therein in accordance with the rules and regulations prescribed for other persons or attorneys who are admitted to practice therein: And provided further, That no notary public shall be 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. Act of June

29, 1906 (34 Stat., Part I, p. 622). 20 Stat., 101.

Sec. 559. TENURE OF OFFICE.-Said commissioners of deeds and notaries public shall hold their oflices for the period of five years, removable at discretion.

Sec. 560. NOTARIES IN STATES.-Notaries public of the several States, Territories, and the District of Columbia 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, take acknowledgments and affidavits in the same manner and with the same effect as

United States commissioners may now lawfully take or do. R.S.D.C., 979,

Sec. 561. OATH AND BOND.-Each notary public, before entering upon the duties of his office, shall take the oath

(See 30 L. R.2.); 19 Stat., 206.

etc.

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