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 recovered shall be by the court transferred to the successor in office of such recorder, who shall thereupon proceed to record the unrecorded instruments: Miners' regula Provided, Miners in any organized mining district may make rules and regulations governing the recording of notices of location of tions for recordmining claims, water rights, flumes and ditches, mill sites and affi- ing, etc. davits of labor, not in conflict with this Act or the general laws of the United States; and nothing in this Act shall be construed so as to prevent the miners in any regularly organized mining district not within any recording district established by the court from electing their own mining recorder to act as such until a recorder therefor is appointed by the court: -recorder. Records at Dyea, Provided further, All records heretofore regularly made by the United States commissioner at Dyea, Skagway, and the recorder at etc., legalized. Douglas City, not in conflict with any records regularly made with the United States commissioner at Juneau, are hereby legalized. And all records heretofore made in good faith in any regularly organized mining district are hereby made public records, and the same shall be delivered to the recorder for the recording district including such mining district within six months from the passage of this Act. SEC. 17. Every person appointed as a notary public must at the ime 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 removed by the governor for misconduct in office. SEC. 18. 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, government, 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 writing 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 ased 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 Christian name. Notaries public -residence. -terms. -duties. Protests of nota SEC. 19. The protest of a notary public under his hand and seal of a bill of exchange or promissory note for nonacceptance or nonpay- ries of bills, etc., ment, stating the presentment for acceptance or payment and the non- weight as acceptance or nonpayment thereof, the service of notice on any and dence. all parties to such bill of exchange or promissory note and specifying the mode of giving such notice and the reputed place of residence of Notaries' records to be deposited with clerk of court. -duty of clerk. Bond of notaries. -filing, etc Liability of notary for miscon duct. officials. the party to such bill of exchange or promissory note and of the party to whom same was given and the post-office nearest thereto is prima facie evidence of the facts contained therein. SEC. 20. 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 which he resides, and on failure to do so the person so offending is liable in damages to any person injured thereby. SEC. 21. 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 give 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 notary. SEC. 22. Each notary must execute an official bond in the sum of one thousand dollars, which bond must be approved by the clerk of the division of the district court located nearest his residence. SEC. 23. 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. SEC. 24. 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. Continuance in SEC. 25. The officers properly qualified and actually discharging office of existing official duties in the district at the time of the approval of this Act may continue to act in their respective official capacities until the expiration of the terms for which they were respectively appointed unless sooner removed. Mining laws. Gold, etc., explorations on Bering Sea. -miners' regulations. -not to conflict etc. SEC. 26. The laws of the United States relating to mining claims, mineral locations, and rights incident thereto are hereby extended to the District of Alaska: Provided, That subject only to such general limitations as may be necessary to exempt navigation from artificial obstructions all land and shoal water between low and mean high tide on the shores, bays, and inlets of Bering Sea, within the jurisdiction of the United States, shall be subject to exploration and mining for gold and other precious metals by citizens of the United States, or persons who have legally declared their intentions to become such, under such reasonable rules and regulations as the miners in organized mining districts may have heretofore made or may hereafter make governing the temporary possession thereof for exploration and mining purposes until otherwise provided by law: Provided further, That the rules and regulations established by the with federal laws. miners shall not be in conflict with the mining laws of the United States; Exclusive per- and no exclusive permit shall be granted by the Secretary of War mits to mine void, authorizing any person or persons, corporation or company to excavate or mine under any of said waters below low tide, and if such exclusive permit has been granted it is hereby revoked and declared null and void; but citizens of the United States or persons who have legally declared their intention to become such shall have the right to dredge and mine for gold or other precious metals in said waters, below low tide, subject to such general rules and regulations as the Secretary of War may prescribe for the preservation of order and the protection of the interests of commerce; such rules and regulations shall not, howserving roadway, ever, deprive miners on the beach of the right hereby given to dump etc., not to apply. tailings into or pump from the sea opposite their claims, except where such dumping would actually obstruct navigation, and the reservation of a roadway sixty feet wide, under the tenth section of the Act of May fourteenth, eighteen hundred and ninety-eight, entitled "An Act extending the homestead laws and providing for right of way for rail Provision re 1898, May 14, ch. 299, § 10 (2 Supp. R. S., 760.) roads in the District of Alaska, and for other purposes," shall not apply to mineral lands or town sites. Indians in possession not to be disturbed, etc. -missionary SEC. 27. The Indians or persons conducting schools or missions in the district shall not be disturbed in the possession of any lands now actually in their use or occupation, and the land, at any station not exceeding six hundred and forty acres, now occupied as missionary stations. stations among the Indian tribes in the section, with the improvements thereon erected by or for such societies, shall be continued in the occupancy of the several religious societies to which the missionary stations respectively belong, and the Secretary of the Interior is hereby directed to have such lands surveyed in compact form as nearly as practicable and patents issued for the same to the several societies to which they belong; but nothing contained in this Act shall be construed to put in force in the district the general land laws of the laws not to apply. United States. General land Education of SEC. 28. The Secretary of the Interior shall make needful and proper provisions and regulations for the education of the children of school children. age in the district of Alaska, without reference to race and their compulsory attendance at school, until such time as permanent provision shall be made for the same. Use of Army as SEC. 29. An Act entitled "An Act to define and punish crimes in the district of Alaska, and to provide a code of criminal procedure for the posse comitatus district," approved March third, eighteen hundred and ninety-nine, not applicable to be, and is, amended, by adding to section three hundred and sixtythree thereof the following: Alaska. 1899, Mar. 3, ch. 429, § 363 (2 Supp. R. S., 1079). "Provided, Section fifteen of an Act entitled 'An Act making appropriations for the support of the Army for the fiscal year ending June 1878, June 18, thirtieth, eighteen hundred and ninety-nine, and for other purposes,' ch. 263, § 15 (1 approved June eighteenth, eighteen hundred and seventy-eight, shall Supp. R. S., 190). not be construed to apply to the district of Alaska": Provided further, That section four hundred and sixty, chapter forty-four, title two, of said first-mentioned Act, be amended to read as follows: Substitute for R. S., 1091). "SEC. 460. That any person or persons, corporation, or company prosecuting or attempting to prosecute any of the following lines of and trades. business within the district of Alaska shall first apply for and obtain license so to do from a district court or a subdivision thereof in said district, and pay for said license for the respective lines of business and trade as follows, to wit: "Abstract offices, fifty dollars per annum. "Banks, two hundred and fifty dollars per annum. "Boarding houses having accommodations for ten or more guests, fifteen dollars per annum. "Brokers (money, bill, note, and stock), one hundred dollars per anuum. Billiard rooms, fifteen dollars per table per annum. "Bowling alleys, fifteen dollars per annum. "Breweries, five hundred dollars per annum. "Bottling works, two hundred dollars per annum. "Cigar manufacturers, twenty-five dollars per annum. "Cigar stores or stands, fifteen dollars per annum. "Drug stores, fifty dollars per annum. "Public docks, wharves, and warehouses, ten cents per ton on freight handled or stored. Electric-light plants, furnishing light or power for sale, three hundred dollars per annum. "Fisheries: Salmon canneries, four cents per case; salmon salteries, ten cents per barrel; fish-oil works, ten cents per barrel; fertilizer works, twenty cents per ton. "Freight and passenger transportation lines, propelled by mechanical power registered in the district of Alaska, or not paying license or Substitute for 1899, Mar. 3, ch. 429, § 463 (2 Supp. R. S., 1092). Clerk district censes. tax elsewhere, and river and lake steamers, as well as transportation lines doing business wholly within the district of Alaska, one dollar per ton per annum on net tonnage, custom-house measurement, of each vessel. “Gas plants, for heat or light, for sale, three hundred dollars per annum. "Hotels, fifty dollars per annum. "Halls, public, ten dollars per annum. "Insurance agents and brokers, twenty-five dollars per annum. "Jewelers, twenty-five dollars per annum. "Mines: Quartz mills, three dollars per stamp per year. "Mercantile establishments: Doing a business of one hundred thousand dollars per annum, five hundred dollars per annum; doing a business of seventy-five thousand dollars per annum, three hundred and seventy-five dollars per annum; doing a business of fifty thousand dollars per annum, two hundred and fifty dollars per annum; doing a business of twenty-five thousand dollars per annum, one hundred and twenty-five dollars per annum; doing a business of ten thousand dollars per annum, fifty dollars per annum; doing a business of under ten thousand dollars per annum, twenty-five dollars per annum; doing a business of under four thousand dollars per annum, ten dollars per annum. "Meat markets, fifteen dollars per annum. "Manufactories not enumerated herein, same classification and license charges as mercantile establishments. 66 Physicians, itinerant, fifty dollars per annum. "Planing mills, fifty dollars per annum when not part of a sawmill. "Pawnbrokers, three hundred dollars per annum. "Peddlers, twenty-five dollars per annum. "Patent-medicine venders (not regular druggists), fifty dollars per annum. "Railroads, one hundred dollars per mile per annum on each mile operated. 66 66 Restaurants, fifteen dollars per annum. Real estate dealers and brokers, fifty dollars per annum. 'Ships and shipping: Ocean and coastwise vessels doing local business for hire plying in Alaskan waters, registered in Alaska or not paying license or tax elsewhere, one dollar per ton per annum on net tonnage, custom-house measurement, of each vessel. "Sawmills, ten cents per thousand feet on the lumber sawed. "Toll road on trail, two hundred dollars per annum. "Tobacconists, fifteen dollars per annum. "Tramways, ten dollars for each mile or fraction thereof per annum. "Transfer companies, fifty dollars per annum. "Taxidermists, ten dollars per annum. "Theaters, one hundred dollars per annum. "Waterworks, furnishing water for sale, fifty dollars per annum." That section four hundred and sixty-three of chapter forty-four, title two, of the above-named Act be, and the same is hereby, amended so as to read as follows: "SEC. 463. That the licenses provided for in this Act shall be issued court to issue li- by the clerk of the district court or any subdivision thereof in compliance with the order of the court or judge thereof duly made and entered; and the clerk of the court shall keep a full record of all applications for license and of all recommendations for and remonstrances against the granting of licenses and of the action of the court thereon: Clerks' bond, etc. Provided, That the clerk of said court and each division thereof shall give bond or bonds in such amount as the Secretary of the Treasury may require and in such form as the Attorney-General may approve, and all moneys received for licenses by him or them under this Act shall, except as otherwise provided by law, be covered into the Treasury of the United States, under such rules and regulations as the Secretary of the Treasury may prescribe: And provided further, That chapter twelve of title one of said first 1899, Mar. 3, ch. above-mentioned Act be amended by adding after section one hundred 429, § 183 (2 Supp. and thirty-eight another section to be numbered one hundred and thirty- R. S., 1034). nine, and to read as follows: That no person shall break, take from the nest, or have in possession Protection of the eggs of any crane, wild duck, brant, or goose; nor shall any person eggs of crane, wild transport or ship out of said Territory the eggs or the contents of the duck, etc. eggs of any crane, wild duck, brant, or goose; nor shall any person, common carrier or other transportation company carry or receive for shipment such eggs or the contents of said eggs, and any person or company who shall have in possession or receive for shipment or transportation any eggs or the contents of any eggs of the crane, wild duck, brant, or goose shall be guilty of a misdemeanor and upon conviction be punished as provided in this section. Any person or company violating the provisions of this section shall be punished by a fine not exceeding five hundred dollars or imprisonment not exceeding six months." Penalty. Fees of officers -sites. SEC. 30. In case the law requires or authorizes any services to be performed or any act to be done by any official or person within the not otherwise comDistrict of Alaska, and provides no compensation therefor, the Attorney- pensated. 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 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. SEC. 31. Any of the public buildings in the district not required for Use of public the customs service or military purposes may be used for court rooms buildings for court and offices of the civil government; and the marshals of the district rooms, etc. shall, each in his division, be the custodian of such buildings. Any Construction of division of the court may, where necessary, order the construction or jails authorized. 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 dollars for each building, the same to be paid by the clerk as provided for the payment of other allowances for 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 thousand 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 natural 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 transmitted to the Commissioner of the General Land Office, who shall cause the same to be noted on the records of his office, and thereafter the ground described shall be reserved from sale or other disposition, unless for good cause the court shall vacate the order of reservation or Congress shall otherwise direct, and the sentence of imprisonment in any criminal case shall be carried out by confinement in the penitentiary or jails herein provided for, or as provided in section fiftyfive hundred and forty-six of the Revised Statutes of the United States. Where a suitable court room is not available or can not be obtained at reasonable rental at the place or any of the places where terms of court building authe court are held, the court may enter a like order of reservation and direct the construction of a suitable building where the sessions of the R. S., § 5546. Construction of thorized. |