appointed. Vacancies occurring in any of the offices provided for in this article shall be filled by appointment as follows: of judges of the supreme and district courts, by the governor; of district attorneys, by the judge of the court of the district for which such attorney was elected; and of all other judicial officers by the board of county commissioners of the county wherein the vacancy occurs. Judges of the supreme, district and county courts appointed under the provisions of this section shall hold office until the next general election and until their successors elected thereat shall be duly qualified." or against amendment. 158. SEC. 2. Each elector voting at said election, shall Ballots to be for deposit in the ballot box a ticket, whereon shall be written or printed, "For the amendment," or the words "Against the amendment." 159. SEC. 3. The votes cast for the adoption or rejection of said amendment, shall be canvassed, and the result determined, in the manner provided by the laws of the state, for the canvass of votes for representative in congress. Approved February 23, 1877. Canvass of votes CHAPTER XVIII. CONVEYANCES. [Revised Statutes, Chapter XVII.] by deed. 160. SECTION I. Any person, association of persons, Who may conbody politic or corporate, who shall be entitled to hold vey real estate real estate, or any interest in real estate whatever, shall be authorized to convey the same to another, or others, or body corporate or politic, by deed. not necessary to 161. SEC. 2. Livery of seisin shall in no case be neces- Livery of seisin sary for the conveyance of any lands, tenements or hered- conveyance. itaments. save to executors and trustees, 162. SEC. 3. No estate in joint tenancy, in any land, No estate in tenements or hereditaments, shall be held or claimed joint tenanc under any grant, devise or conveyance whatsoever here- unless expressly after made, other than to executors and trustees, unless the conveyance. declared in A deed purporting to convey a shall convey title afterwards acquired. premises therein mentioned shall be thereby expressly 163. SEC. 4. If any person shall sell and convey to fee simple title, another, by deed or conveyance, purporting to convey an estate in fee simple absolute, any tract of land or real estate lying and being in this state, not being possessed of the legal estate or interest therein at the time of the sale and conveyance, and after such sale and conveyance, the vendor shall become possessed of, and confirmed in, the the legal estate to the land or real estate so sold and conveyed, it shall be taken and held to be in trust, and for the use of the grantee or vendee, and the conveyance aforesaid shall be held and taken, and shall be as valid as if the grantor or vendor had the legal estate or interest at the time of said sale or conveyance. A party claiming title to lands same though not sion. 164. SEC. 5. Any person claiming right or title to may convey the lands, tenements, or hereditaments, although he, she, or in actual posses they may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey, and transfer his or her interest in and to the same in as full and complete a manner as if he or she were in the actual possession of the lands and premises intended to be conveyed. Estate in tail abolished 165. SEC. 6. In cases where, by the common law, any person may become seized in fee-tail of any lands, tenements, or hereditaments, by virtue of any devise or conveyance, or by any other means whatsoever, such person, instead of being or becoming seized in fee-tail thereof, shall be deemed and adjudged to be seized of such lands, tenements, and hereditaments, for his or her natural life only; and the remainder shall pass in fee simple absolute to the person or persons to whom the estate would first pass on the death of such first grantee, devisee, or donee in tail, according to the course of the common law, by virtue of such devise or conveyance. 166. SEC. 7. Every estate in lands which shall be granted, conveyed, or devised to one, although other words construed to in fee simple, heretofore necessary to transfer an estate of inheritance be Every deed not added, shall be deemed a fee simple estate of inherit- convey an estate ance, if a less estate be not limited by express words, or unless otherwise do not appear to be granted, devised, or conveyed by operation of law. limited. remainder to a gotten, not death of parent before birth of 167. SEC. 8. When an estate hath been, or shall here- Conveyance in after be, by any conveyance, limited in remainder to the child to be bechild or children of any person to be begotten, such child defeated by or children born after the decease of his, her, or their par- child, though no ent, shall take the estate in the same manner as if he, she, to support the or they had been born in the lifetime of the parent, though no estate shall have been conveyed to support the contingent remainder after his death. estate conveyed remainder. held to carry ate possession, time specified. 168. SEC. 9. All conveyances of real estate, and of All conveyances any interest therein, duly executed and delivered, shall be right to immediheld to carry with them the right to immediate possession unless future of the premises or interest conveyed, unless a future day for the possession is therein specified. 169. SEC. 10. Covenants of seisin, peaceable posses- What covenants sion, freedom from encumbrances, and of warranty con-premises. tained in any conveyance of real estate, or of any interest therein, shall be held to run with the premises, and to inure to the benefit of all subsequent purchasers and encumbrancers. run with the When action tained on cove 170. SEC. II. No right of action shall exist upon a covenant of warranty against a warrantor, when possession of may be mainthe premises warranted hath been actually delivered to or nant of warranty taken by the warrantee, until the party menacing the possession of the grantee, his heirs, personal representatives or assigns, shall have commenced legal proceedings to obtain possession of the premises in question, and the grantor, after notice, shall have refused to defend at his own cost the premises in such action. Powers of recorded. 171. SEC. 12. In order that all conveyances which are executed by any attorney in fact, may be seen to be exe- attorney to be cuted with the assent of the grantor, the power of attorney of the attorney in fact, duly proved or acknowledged, shall be (if it has not been) recorded in the same office in which the conveyances themselves are required to be recorded. How deeds acknowledged and proved. 172. SEC. 13. Deeds, bonds and agreements in writing, conveying lands, or any. interest therein, or affecting title thereto, may be acknowledged 'or proved before the following officers: First-When executed within this state, before any justice of the supreme or district courts, before any clerk of the supreme or district courts, or the deputy of any such clerk, or before the county judge of any county, such county judge and such clerks severally certifying such acknowledgment under the seal of such court respectively; before the clerk and recorder of any county or his deputy, he certifying the same, or his deputy, under the seal of such county; before any notary public, he certifying the same, under his notarial seal, or before any justice of the peace within his county: Provided, That if such deed, bond or agreement, be for the conveyance of lands situate beyond the county of such justice, there shall be affixed to his certificate of such acknowledgement, a certificate of the clerk of the proper county, under his hand and the seal of such county, to the official capacity of such justice of the peace, and that the signature to such certificate of acknowledgment is the true signature of such justice. Second-Where executed out of this state, and within the United States, or the territories thereof; before the secretary of any such state or territory, he certifying such acknowledgment under the seal of such state or territory, before the clerk of any court of record of such state or territory, or of the United States, within such state or territory having a seal, such clerk certifying the acknowledgment under the seal of such court; before any other officer authorized by the laws of such foreign state or territory to take and certify such acknowledgment: Provided, There shall be affixed to the certificate of such officer, a certificate by the clerk of some court of record of the county, city or district wherein such officer resides, under the seal of such court, that the person certifying such acknowledgment is the officer he assumes to be; that he has authority by the laws of such state or territory to take and certify such acknowledgment, and that the sig nature of such officer to the certificate of acknowledgment is the true signature of such officer; before any commissioner of deeds for such foreign state or territory, appointed under the laws of this state, such commissioner certifying such acknowledgment under his hand and official seal. Third-When executed out of the United States; before any court of record of any foreign republic, kingdom, empire, state, principality or province having a seal, the acknowledgment being certified by the judge or justice of such court, to have been made before such court, and such certificate to be attested by the seal of such court; before the mayor or other chief officer of any city or town having a seal, and such mayor or other officer certifying the same under such seal; before any consul of the United States within such foreign country, he certifying the same under the seal of his consulate. per Person making acknowledge ment of deed to such known to officer deed, acknowledge be personally before whom ment is made, officer shall so 173. SEC. 14. No judge, clerk or other officer, shall hear or certify any such acknowledgment unless the son making the same shall be personally known to officer to be the identical person who executed such or shall be proved to be such by at least one competent, or identified, and credible witness, and the officer hearing such acknowledg-certify. ment shall state in his certificate thereof that the person making such acknowledgment was personally known to him to be the same person who executed such deed or other instrument in writing, or was proved to be such by the oath of some credible witness, to be named in such certificate in the presence of such officer. acknowledged 174. SEC. 15. When any such deed or instrument of How deed not writing has heretofore been or shall hereafter be executed, may be proved. and not acknowledged according to law at the time of the execution thereof, such deed or instrument of writing may at any time subsequent be acknowledged by the makers thereof, in the manner hereinbefore provided, or proof may be made of the execution thereof, before any officer authorized hereby to take acknowledgments of deeds in manner following. Such officer, when the fact is not within his own knowledge, shall ascertain from the testimony of at least e competent, credible witness, to be sworn and examined by him, that the person offering to prove the execution of one |