(a) The Mayor of the District of Columbia shall have power to appoint such number of notaries public, residents of said District, or whose sole place of business or employment is located within 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 further, that 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.
(b) Each notary public before obtaining his commission, and for each renewal thereof, shall pay to the Director of the Department of Finance and Revenue of the District of Columbia a license fee of $30: Provided, that no license fee shall be collected from any notary public in the service of the United States government or the District of Columbia government whose notarial duties are confined solely to government official business: And provided further, that no notary fee shall be collected at any time by a notary public who is exempted from the payment of the license fee. The Mayor is hereby authorized to refund, in the manner prescribed by law for the refunding of erroneously paid taxes, the amount of any fee erroneously paid or collected under this section.
(Mar. 3, 1901, 31 Stat. 1279, ch. 854, § 558; June 29, 1906, 34 Stat. 622, ch. 3616; Feb. 10, 1925, 43 Stat. 821, ch. 198; Dec. 16, 1944, 58 Stat. 810, ch. 597, § 1; June 22, 1983, D.C. Law 5-14, § 304, 30 DCR 2632; Sept. 24, 2010, D.C. Law 18-223, § 1072, 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, § 9020(b), 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 8003, 59 DCR 8025.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-801.
1973 Ed., § 1-501.
Effect of Amendments
D.C. Law 18-223 rewrote subsec. (c), which had read as follows:
"(c) The Council of the District of Columbia shall issue rules necessary to carry out the provisions of §§ 1-1201 to 1-1215: Except, that the Mayor of the District of Columbia shall amend by rule from time to time the amount of any fee established pursuant to §§ 1-1201 to 1-1215."
D.C. Law 19-21, in subsec. (b), inserted "All proceeds collected pursuant to this section shall be deposited into the unrestricted fund balance of the General Fund of the District of Columbia."
D.C. Law 19-168, in subsec. (b), deleted the last sentence which had read: "All proceeds collected pursuant to this section shall be deposited into the unrestricted fund balance of the General Fund of the District of Columbia.".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 1072 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
For temporary (90 day) amendment of section, see § 8003 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) amendment of section, see § 8003 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Legislative History of Laws
Law 5-14 was introduced in Council and assigned Bill No. 5-74, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on April 12, 1983 and April 26, 1983, respectively. Signed by the Mayor on May 4, 1983, it was assigned Act No. 5-29 and transmitted to both Houses of Congress for its review.
For Law 18-223, see notes following § 1-301.78.
For history of Law 19-21, see notes under § 1-301.01.
For history of Law 19-168, see notes under § 1-137.01.
References in Text
Pursuant to the Office of the Chief Financial Officer's "Notice of Public Interest" published in the April 18, 1997, issue of the District of Columbia Register (44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner's Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(20) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Office of Collector of Taxes abolished: The Office of the Collector of Taxes was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. All functions of the Office of the Collector of Taxes including the functions of all officers, employees and subordinate agencies were transferred to the Director, Department of General Administration by Reorganization Order No. 3, dated August 28, 1952. Reorganization Order No. 20, dated November 10, 1952, transferred the functions of the Collector of Taxes to the Finance Office. The same Order provided for the Office of the Collector of Taxes headed by a Collector in the Finance Office, and abolished the previously existing Office of the Collector of Taxes. Reorganization Order No. 20 was superseded and replaced by Organization Order No. 121, dated December 12, 1957, which provided that the Finance Office (consisting of the Office of the Finance Officer, Property Tax Division, Revenue Division, Treasury Division, Accounting Division, and Data Processing Division) would continue under the direction and control of the Director of General Administration, and that the Treasury Division would perform the function of collecting revenues of the District of Columbia and depositing the same with the Treasurer of the United States. Organization Order No. 121 was revoked by Organization Order No. 3, dated December 13, 1967, Part IVC of which prescribed the functions of the Finance Office within a newly established Department of General Administration. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions of the Finance Office as stated in Part IVC of Organization Order No. 3 were transferred to the Director of the Department of Finance and Revenue by Commissioner's Order No. 69-96, dated March 7, 1969. The collection functions of the Director of the Department of Finance and Revenue were transferred to the District of Columbia Treasurer by § 47-316 on March 5, 1981.
Inapplicability to matters before Department of Interior: Section 3 of The Act of June 3, 1948, 62 Stat. 301, ch. 392, provided that the last proviso of subsection (a) of this section shall not apply to matters before the Department of the Interior.
New implementing regulations: Section 302 of D.C. Law 5-14 also amended the Notaries Public Regulation (Reg. 73-13; 25 DCRR 3).
Mayor authorized to issue rules: Section 1102 of D.C. Law 5-14 provided that the Mayor shall issue rules necessary to carry out the provisions of the act.
Short title: Section 1071 of D.C. Law 18-223 provided that subtitle H of title I of the act may be cited as the "Notaries Public Authentications and License Fee Amendment Act of 2010".
Section 8010 of D.C. Law 19-168 provides:
"Sections 8002, 8003, 8004, 8005, 8006, and 8007 shall apply as of September 14, 2011."
Said notaries public shall hold their offices for the period of 5 years, removable at discretion.
(Mar. 3, 1901, 31 Stat. 1279, ch. 854, § 559.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-802.
1973 Ed., § 1-502.
Each notary public, before entering upon the duties of his office, shall take the oath prescribed for civil officers in the District of Columbia, and shall give bond to the District of Columbia in the sum of $2,000, with security, to be approved by the Mayor of the District of Columbia or his designated agent, for the faithful discharge of the duties of his office. Where any such notary public is an officer or employee of the government of the District of Columbia whose notarial duties are confined solely to government official business, any bond covering such officer or employee for the faithful performance of such notarial duties obtained by the Mayor of the District of Columbia pursuant to the authority conferred on him by law shall be in lieu of the bond required by the 1st sentence of this section.
(Mar. 3, 1901, 31 Stat. 1279, ch. 854, § 561; June 25, 1936, 49 Stat. 1921, ch. 804; Dec. 16, 1944, 58 Stat. 811, ch. 597, § 2; June 25, 1948, 62 Stat. 991, ch. 646, § 32(a), (b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 7, 1955, 69 Stat. 281, ch. 280, § 5; July 5, 1966, 80 Stat. 263, Pub. L. 89-493, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-803.
1973 Ed., § 1-504.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Each notary public shall provide a notarial seal with which he shall authenticate all his official acts.
(Mar. 3, 1901, 31 Stat. 1279, ch. 854, § 562.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-804.
1973 Ed., § 1-505.
Each notary public shall file his signature and deposit an impression of his official seal with the Mayor of the District of Columbia or his designated agent, and the Mayor or his designated agent may certify to the authenticity of the signature and official seal of the notary public.
(Dec. 22, 1928, 45 Stat. 1070, ch. 48, § 2.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-805.
1973 Ed., § 1-506.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
A notary's official seal and his official documents shall be exempt from execution.
(Mar. 3, 1901, 31 Stat. 1279, ch. 854, § 564.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-806.
1973 Ed., § 1-507.
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.
(Mar. 3, 1901, 31 Stat. 1279, ch. 854, § 565.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-807.
1973 Ed., § 1-508.
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. And on the original protest thereof he shall state the presentment by him of the same for acceptance or payment, as the case may be, and the nonacceptance or nonpayment thereof, and the service of notice thereof on any of the parties to the same, and the mode of giving such notice, and the reputed place of business or residence of the party to whom the same was given; and such protest shall be prima facie evidence of the facts therein stated. And any notary public failing to comply herewith shall pay a fine of $10 to the District of Columbia, to be collected in the Superior Court of the District of Columbia as are other fines and penalties.
(Mar. 3, 1901, 31 Stat. 1279, ch. 854, § 567; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-808.
1973 Ed., § 1-509.
Notaries 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.
(Mar. 3, 1901, 31 Stat. 1279, ch. 854, § 566.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-809.
1973 Ed., § 1-510.
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, to take depositions and to administer oaths and affirmations and also to take affidavits to be used before any court, judge, or officer within the District.
(Mar. 3, 1901, 31 Stat. 1280, ch. 854, § 568; June 30, 1902, 32 Stat. 533, ch. 1329; Oct. 1, 1976, D.C. Law 1-87, § 2, 23 DCR 2544.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-810.
1973 Ed., § 1-511.
Legislative History of Laws
Law 1-87, the "Anti-Sex Discriminatory Language Act," was introduced in Council and assigned Bill No. 1-36, which was referred to the Committee on the Judiciary and Criminal Law. The Bill was adopted on first and second readings on June 15, 1976 and June 29, 1976, respectively. Signed by the Mayor on July 27, 1976, it was assigned Act No. 1-143 and transmitted to both Houses of Congress for its review.
Each notary public shall keep a fair record of all his official acts, except such as are mentioned in § 1-1210, and when required, shall give a certified copy of any record in his office to any person upon payment of the fees therefor.
(Mar. 3, 1901, 31 Stat. 1280, ch. 854, § 569.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-811.
1973 Ed., § 1-512.
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.
(Mar. 3, 1901, 31 Stat. 1280, ch. 854, § 570.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-812.
1973 Ed., § 1-513.
(a) The Mayor of the District of Columbia shall adjust from time to time the schedule of fees to be charged by notaries public. The Mayor shall adjust the schedule by rule to provide fees in amounts which, in the Mayor's judgment, will defray the notary public's necessary expenses in connection with performing his services.
(b) Until the schedule of fees is adjusted by the Mayor in accordance with subsection (a) of this section, the schedule of fees in subsection (c) of this section will be in effect.
(c) The fees of notaries public shall be:
(1) For taking an acknowledgement of proof of a deed or other instrument including the seal and writing of the certificate, $2 for each signature;
(2) For administering an oath or for taking an affidavit, including the jurat and seal, $2; or
(3) For any other notarial act, $2.
(Mar. 3, 1901, 31 Stat. 1280, ch. 854, § 571; June 30, 1902, 32 Stat. 533, ch. 1329; Mar. 8, 1984, D.C. Law 5-52, § 2, 30 DCR 5931.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-813.
1973 Ed., § 1-514.
Legislative History of Laws
Law 5-52 was introduced in Council and assigned Bill No. 5-222, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 4, 1983 and October 18, 1983, respectively. Signed by the Mayor on November 9, 1983, it was assigned Act No. 5-78 and transmitted to both Houses of Congress for its review.
Any notary public who shall take a higher fee than is prescribed by § 1-1213 shall pay a fine of $100 and be removed from office by the Superior Court of the District of Columbia.
(Mar. 3, 1901, 31 Stat. 1280, ch. 854, § 572; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 5, 1966, 80 Stat. 263, Pub. L. 89-493, § 3; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, § 155(a).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-814.
1973 Ed., § 1-515.
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 Mayor of the District of Columbia or his designated agent.
(Mar. 3, 1901, 31 Stat. 1280, ch. 854, § 573; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 5, 1966, 80 Stat. 263, Pub. L. 89-493, § 4.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-815.
1973 Ed., § 1-516.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Certificates issued by the Mayor of the District of Columbia may be signed by the Executive Secretary.
(Dec. 16, 1944, 58 Stat. 811, ch. 597, § 4.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-816.
1973 Ed., § 1-517.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Office of the Secretary established: See Mayor's Order 83-21, January 3, 1983.
Amendment of functions and duties of the Secretary: See Mayor's Order 84-51, February 29, 1984.
Office of Secretary to Board of Commissioners abolished: The Office of the Secretary to the Board of Commissioners of the District of Columbia was abolished and the functions thereof transferred to the Board of Commissioners by Reorganization Plan No. 5 of 1952. Reorganization Order No. 41 of the Board of Commissioners, dated June 23, 1953, issued pursuant to that Plan, established as part of the Executive Office of the Board of Commissioners, under the direction and control of the Board, an Office of the Secretary to the Board of Commissioners to perform ministerial duties for the Board. The Order described the purpose and functions of the Office of Secretary and provided that the functions and positions of the previously existing Office of the Secretary to the Board be transferred to the new office, and that the previously existing Office of the Secretary be abolished. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Organization Order No. 2 of the Commissioner, dated December 13, 1967, as amended, established within the Executive Office of the Commissioner a Secretariat headed by an Executive Secretary. The Order transferred to the Secretariat certain functions, including the duties, powers and authorities of all officers and employees performing such functions and assigned to the Office of the Secretary as it existed immediately prior to December 13, 1967, and revoked all other orders inconsistent therewith.
Appropriation is hereby authorized to be made to carry out the provisions of this section and §§ 1-1203 and 1-1206, and the Mayor of the District of Columbia is authorized to include in his annual estimates provision for all expenses incident to such purposes, including the purchase of equipment and supplies and the payment of salaries to personnel.
(Dec. 16, 1944, 58 Stat. 811, ch. 597, § 5; Oct. 28, 1949, 63 Stat. 972, ch. 782, title XI, § 1106(a); Mar. 3, 1979, D.C. Law 2-139, § 3205(c), 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-817.
1973 Ed., § 1-518.
Legislative History of Laws
Law 2-139 was introduced in Council and assigned Bill No. 2-10, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 17, 1978 and October 31, 1978, respectively. Signed by the Mayor on November 22, 1978, it was assigned Act No. 2-300 and transmitted to both Houses of Congress for its review.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
