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1840, p. 186.

in other States

Justice of the Peace, or Master in Chancery within the State, 1839, p. 219. and the officer taking such acknowledgment shall endorse 11 il. Ele p., 402 thereon a certificate of the acknowledgment thereof, and the true date of making the same, under his hand. (a)

(2728.) Sec. 9. If any such deed shall be executed in any neeile executed other State, Territory or district of the United States, such deed may be executed according to the laws of such State, Territory or district, and the execution thereof may be acknowledged before any Judge of a Court of Record, Notary Pablic, Justice of the Peace, Master in Chancery, or other officer authorized by the laws of such State, Territory or 15:0, p. 166.

4 McLean, 230 district to take the acknowledgment of deeds therein, or before any Commissioner appointed by the Governor of this state for such purpose. (27-29.) Sec. 10. In the cases provided for in the last pre- How acknowledge

ment authens ceding section, unless the acknowledgment be taken before a cated.

11 Wincis, 254 Cominissioner appointed by the Governor of this State for that purpose, such deed shall have attached thereto a certificate of the clerk, or other proper certifying officer of a Court of Record of the county or district within which such acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he is 1811, p. 165.

f 1813, p. 6. therein represented to be, that he believes the signature of such person subscribed thereto to be genuine, and that the deed is executed and acknowledged according to the laws of sich State, Territory or district.

(2730.) Sec. 11. If such deed be executed in any foreign Deeds executed country, it may be executed according to the laws of such try, how acknow country, and the execution thereof may be acknowledged before any Notary Public therein, or before any Minister Plenipotentiary, Minister Extraordinary, Minister Resident, Charge des Affaires, Commissioner or Consul of the United States, appointed to reside therein; which acknowledgment shall be certified thereon by the officer taking the same under his band, and if taken before a Notary Public, his seal of office shall be affixed to such certificate.

(2731.) Sec. 12. When any married woman residing in this Acknow'edgment State shall join with her husband in a deed of conveyance of man rexiding in real estate, situate within this State, the acknowledgment of al. Ch. R., 394.



by Married Wo.


(a: Other offeers authorized to take acknowledgments: Comptroller of Detroit. Laws of 1857, p. $1, Sec. 21 ; Mayor of Flint, Ib., p. 36, Sec. 3.

11 , 123

2 indiana, 385

Married Woman

this State.

Proof of execution, etc.

In case of death of subscribing witnesses.

Proceedings on refusal of grartor

Mich. Rep. 380. the wife shall be taken separately and apart from her husband;

Rurt.ch 22. and she shall acknowledge that she executed such deed freely, 3 MicLeau, 245. and without any fear or compulsion from any one. Conreya nce by (2732.) SEC. 13. When any married woman, not residing in residing out of this State, shall join with her husband in any conveyance of

real estate situated within this State, the conveyance shall have the same effect as if she were sole, and the acknowledgment or proof of the execution of such conveyance by her, may be the same as if she were sole.

(2733.) Sec. 14. When any grantor shall die, or depart from, 8 Metcalf, 355.

or reside out of this State, not having acknowledged his deed, the due execution thereof may be proved by any competent subscribing witness thereto, before any Court of Record in this State.

(2734.) SEC. 15. If all the subscribing witnesses to such deed shall also be dead, or out of this State, the same may be proved before any Court of Record in this State, by proving the handwriting of the grantor, and of any subscribing witness thereto.

(2735.) Sec. 16. If any grantor residing in this State shall residing in this refuse to acknowledge his deed, the grantee of any person

claiming under him may apply to any Justice of the Peace in the county where the land lies, or where the grantor, or any subscribing witness to the deed resides, who shall thereupon issue a summons to the grantor to appear at a certain time and

place before the said Justice, to hear the testimony of the 7 Jolinson, 498. subscribing witnesses to the deed ; and the said summons, with

a copy of the deed annexed, shall be served at least seven days before the time therein assigned for proving the deed.

(2736.) Sec. 17. At the time mentioned in such summons, or at any time to which the hearing may be adjourned, the due execution of the deed may be proved by the testimony of one or more of the subscribing witnesses; and if proved to the satisfaction of the Justice, he shall certify the same thereon, and in such certificate he shall note the presence or absence of the grantor, as the fact may be.

(2737.) Sec. 18. If any grantor residing in this State shall Record, in case refuse to acknowledge his deed, and the subscribing witnesses of death, etc.

thereto shall all be dead, or out of the State, it may be proved before any Court of Record in this State, by proving the handwriting of the grantor, or of any subscribing witness; the said Court first summoning the grantor for the purpose, in the manner before provided in this chapter.

ledge Deed.


When execution may be proved before of

refusing to a p

swer, etc.

Deed with Regis.

(2733.) Sec. 19. The Court or Justice before whom any deed Subponas for witmay be presented to be proved, as provided in the preceding sections, may issue subpoenas to the subscribing witnesses or others, as the case may require, to appear and testify touching the execution of such deed; which subpænas may be served in any part of this State.

(2739.) SEC. 20. Every person, who, being served with such Punishment for subpæna, shall, without reasonable cause, refuse or neglect to parecer to anappear, or appearing, shall refuse to answer on oath touching the matters aforesaid, shall be liable to the injured party in the sum of one hundred dollars damages, and for such further damages as such party may sustain thereby; and may also be committed to prison as for a contempt by the Court or Justice who issued such subpæna, there to remain until he shall submit to answer upon oath as aforesaid.

(2740.) SEC. 21. Any person interested in a deed that is not Filing copy of acknowledged, may, at any time before or during such appli- ter, etc., effeci. cation to a Court of Record, or such proceedings before a Justice, file in the office of the Register of Deeds of the county where the lands are situated, a copy of the deed compared with the original by the Register, which shall, for the space of thirty days thereafter, in case of proceedings before a Justice, and in case of proceedings before a Court of Record, for the space of ten days after the first day of the next term of such Court, have the same effect as the recording of the deed, if such deed shall, within that time, be duly proved and recorded.

(2741.) Sec. 22. If, at the expiration of the time mentioned when effect of in the preceding section for that purpose, such proceedings for proving the execution of the deed shall be pending before a Justice of the Peace, the effect of filing such copy shall continue until the expiration of seven days after the termination of the proceedings, if such deed shall, within that time, be duly proved and recorded.

(2712.) Sec. 23. A certificate of the acknowledgment of any Certificate to endeed, or of the proof of the execution thereof before a Court recorded. of Record, or Justice of the Peace, signed by the Clerk of such Court, or by the Justice before whom the same was taken, as provided in this chapter, and, in the cases where the same is necessary, the certificate required by the tenth section of this chapter, shall entitle such deed, with the certificate or certificates aforesaid, to be recorded in the office of the Register of Deeds of the county where the lands lie.

to continue

title Deed to be

Entry books of
Deeds and Mr:
gag*3 to be kept
By Register.

(2743.) Sec. 24. Every Register of Deeds shall keep an entry book of deeds, and an entry book of mortgages, each page of which shall be divided into six columns, with titles or heads to the respective columns, in the following form, to wit:

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Entries in such books, how made.

Recording of Deeds and Mortgages

20 Ohio,

(2744.) SEC. 25. In the entry book of deeds the Register shall enter all deeds of conveyance absolute in their terms, and not intended as mortgages or securities, and all copies left as cautions, and in the entry book of mortgages he shall enter all mortgages and other deeds intended as securities, and all assignments of any such mortgages or securities; noting in such books the day, hour and minute of the reception, and the other particulars in the appropriate columns, in the order in which such instruments are respectively received; and every such instrument shall be considered as recorded at the time so noted.

(2745.) Sec. 26. Different sets of books shall be provided slici. 2.. 84. by the Registers of Deeds of the several counties, for the Utfol. 2.4.1. 175. recording of deeds and mortgages; in one of whiclı sets all

deeds required by the preceding section to be entered in the entry book of deeds, shall be recorded at full length, with the certificates of acknowledgment or proof of the execution thereof, and in the other, all such instruments as are required to be entered in the entry book of mortgages, shall, in like manner, be recorded.

(2746.) Sec. 27. The Register shall certify upon every instrument recorded by him, the time when it was received, and a reference to the book and page where it is recorded.

(2747.) Sec. 28. Every Register of Deeds shall also keep a proper general index to each of the sets of books, in which he shall enter, alphabetically, the name of every party to each and every instrument recorded by him, with a reference to the book and page where the same is recorded.

(2748.) Sec. 29. Every conveyance of real estate within this void as against State, hereafter made, which shall not be recorded as provided

in this chapter, shall be void as against any subsequent purchaser in good faith, and for a valuable consideration, of the

same real estate or any portion thereof, whose conveyance 17 Wendell, 25. shall be first duly recorded.

Certificate of Re. cordiug.

Indexes. !

Conveyance not
Recorded, when

pur chasers. i Cal. Rep., 203. Wal. Ch. R., 260, 79. llar. Ch. R., 48. 14 NI. R., 200.

, 6 Paige, 323.


ments as evi

Wal. Ch. R., 175.

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defeated by de

Har. Ch. R, 150.


(2719.) Sec. 30. Deeds of pews or slips ju any church, may be combinand slips le recorded by the clerk of the township in which such in Churches. church is situated, or by the clerk of the society or proprietors; if incorporated or legally organized; and such clerks shall receive the same fees as the Register of Deeds is entitled to for similar services.

(2750.) Sec. 31. All conveyances and other instruments Efect of certain authorized by law to be recorded, and which shall be acknow-other instruledged or proved as provided in this chapter, and if the same lence shall have been recorded, the record, or a transcript of the 5 Meluar, 111. record, certified by the Register in whose office the same i Hil, 510. may have been recorded, may be read in evidence in any Court within this State without further proof thereof; but the effect of such evidence may be rebutted by other competent testimony.

(2751.) Sec. 32. When a deed purports to be an absolute When deed not conrerance in terms, but is made or intended to be made on-ance. defeasible by force of a deed of defeasance or other instrument for that purpose, the original conveyance shall not be thereby defeated or affected, as against any person other than the maker of the defeasance, or his beirs or devisces, or persons having actual notice thereof, unless the instrument of defeas- 5 Pick., ance shall have been recorded in the Registry of Deeds of the connty where the lands lie.

(2752.) Sec. 33. The recording of an assignment of a mort-Frect of record. gaze shall not, in itself, be deemed notice of such assignment Mortgayo. to the mortgagor, his heirs or personal representatives, so as to invalidate any payment made by them, or either of them, to the mortgagee. (2753.) SEC. 34. The term “purchaser," as used in this chap- Definition of term

" Purchaser,'' as ter, shall be construed to embrace every person to whom any used in this Chapestate or interest in real estate shall be conveyed for a valuable consideration, and also every assignee of a mortgage, or lease, or other conditional estate.

(2754.) Sec. 35. The term “conveyance," as used in this nefinition of term chapter, shall be construed to embrace every instrument in writing, by which any estate or interest in real estate is created, aliened, mortgaged or asssigned; or by which the title to any real estate may be affected in law or equity, except 1 Wend., 485. wills, leases for a term not exceeding three years, and executory contracts for the sale or purchase of lands.

(2755.) Sec. 36. The preceding section shall not be construed Construction of to extend to a letter of attorney, or other instrument contain


ing assignment of


"Conveyance,' as used in this Chapter.

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