STRONG 0. Umrmn srams. 21
and he accepts the bond, it is valid. IL S. v. Ebbs, 10 Fed. Rep. 371;
Ozeley v. State, 59 Ala. 94. ,When bail is taken by commissioners it should
be by bond, where the principal and sureties sign their names, as courts _
of commissioners are not courts of record, authorized to take acknowledg-
ment of recognizances for future appearance before them or some court. g
Courts of justices of the peace are not courts of record, authorized to take
acknowledgment of recognizances for future appearance before them.
U. S. v. Harden, 10 Fed. Rep. 805. And, as was said by the court in
that case: "The powers and duties of the United States commissioners
in criminal matters are not as extensive as those of justices of the peace,
but are confined to those which they must necessarily exercise as exam-
ining and committing magistrates in enforcing the criminal laws of the
United States, and within this limit of jurisdiction they must conform
as near as may be to the forms and mode of procedure required by law
of justices of the peace." The commissioner holds no court; he acts as
an arresting, examining, and committing magistrate. Ea: parte Perkins, 29
Fed. Rep. 909; U. S. v. Case, 8 Blatchf. 250; UZ S. v. Martin, 17 Fed. Rep.
150; IL S. v. Ambrose, 7 Fed. Rep. 554. For form of bail not in open
court, see Code Ala. (1886) § 4420. It is required to be in writing, signed
by the defendant and at least two suiiicient sureties, and approved by the
~ magistrate or oilicer taking the same; and this is all that is required.
Under the statute of this state a sheriff has authority, and it is his
duty, to discharge on bail persons charged by indictment with criminal
offenses. In the case of a misdemeanor, no order of a judge or court is
necessary, but the sheriff Hxes the amount of bail, and it is his duty to
discharge the accused on sufficient bail being given. In the case of a
felony, the court makes an order nxing the amount of bail required, and
the sheriff has authority, and it is his duty, to discharge the defendant
on his giving bail as required by such order; and a sheriff may discharge
an accused on his giving suihcient bail when arrested on a warrant issued
by a magistrate. See Code Ala. (1886,) §§ 4275, 4291, 4408, 4409; Ham-
mom v. State. 59 Ala. 164; Ozeley v. State, Id. 94. A sheriff has no au-
thority to take an acknowledgment. If, then, an acknowledgment is
essential to bail, how is it that a sheriff can take bail without such
acknowledgment? The acknowledgment, for the taking of which a. fee
is prescribed, is an act having reference to conveyancing. It is the act
of the grantor in going before a competent oiiicer and declaring the instru-
ment to be his act and deed. — The oiiicer before whom this declaration
is made is considered as taking the acknowledgment, and his certificate
on the instrument that such a declaration has been made to him is also
called an acknowledgment. 1 Bouv. Law. Diet. p. 50; Worcest. Diet.;
Webst. Diet. Nothing of this kind is done or required to be done in
taking bail. But there are certain instruments required to be acknowl-
edged to entitle them to be recorded, and such instruments, to be valid
in certain cases, must be recorded. Rev. St. §§ 4192, 4193. . Com-
missioners of the circuit court are authorized to take such acknowledg-
ments. Rev. St. § 1778. And for taking acknowledgments they are
ontitled to receive a fee. Rev. St. § 847.