Attorney, etc.

tion, Letters of ing a power to convey lands as agent or attorney for the owner of such lands; but every such letter or instrument, and every executory contract for the sale or purchase of lands, when acknowledged or proved in the manner prescribed in this chapter, may be recorded in the Registry of Deeds of any county. in which the lands to which such power or contract relates may be situated; and when so acknowledged or proved, and the record thereof, when recorded, or a transcript of such record duly certified, may be read in evidence in the same manner, and with the like effect, as a conveyance recorded in such county.

How Letters of Attorney revoked.

Transcribing records on division,

(2756.) SEC. 37. No letter of attorney, or other instrument so recorded, shall be deemed to be revoked by any act of the party by whom it was executed, unless the instrument containing such revocation be also recorded in the same office in which the instrument containing the power was recorded.

(2757.) SEC. 38. When a new county shall be organized, in etc., of County. whole or in part from an organized county, or from territory attached to such organized county for judicial purposes, all the records of deeds or other instruments relating to real estate in such new county, may be transcribed into the proper books by the Register of Deeds of such new county; which records so transcribed, shall have the same effect in all respects as original records, and the Register shall be paid for transcribing the same such sum as the Board of Supervisors of his county may deem just and reasonable.

Scroll used as a

Seal. 1828, p.

29.

(2758.) SEC. 39. A scroll or device used as a seal upon any deed of conveyance or other instrument whatever, whether intended to be recorded or not, shall have the same force and effect as a scal attached thereto, or impressed thereon, but 1840, p. 167, Sec. this section shall not be construed to apply to such official seals as are, or may be provided for by law.

8.

etc., acknow

Effect of Deeds, (2759.) SEc. 40. All conveyances of real estate heretofore ledged according made and acknowledged or proved, in accordance with the 1840, p. 167, Sec. laws of this State, in force at the time of such making and

to law force.

9.

How Mortgage

charged.

acknowledgement or proof, shall have the same force as evidence, and be recorded in the same manner, and with the like effect, as conveyances executed and acknowledged in pursuance of the provisions of this chapter.

may be dis- (2760.) SEC. 41. Any mortgage that has been, or may hereafter be recorded, may be discharged by an entry in the margin of the record thereof signed by the mortgagee, or his personal representative, or assignee, acknowledging the

satisfaction of the mortgage, in the presence of the Register of Deeds or his deputy, who shall subscribe the same as a witness; and such entry shall have the same effect as a deed of release duly acknowledged and recorded.

may be dis

(2761.) SEC. 42. Any mortgage shall also be discharged How Mortgage upon the record thereof by the Register of Deeds in whose charged. custody it shall be, whenever there shall be presented to him a certificate executed by the mortgagee, his personal representatives or assigns, acknowledged or proved and certified as hereinbefore prescribed, to entitle conveyances to be recorded, specifying that such mortgage has been paid, or otherwise satisfied or discharged.

to be recorded.

(2762.) SEC. 43. Every such certificate, and the proof or Certificate, etc., acknowledgment thereof, shall be recorded at full length, and 1839, p. 219. a reference shall be made to the book and page containing such record, in the minute of the discharge of such mortgage. made by the Register upon the record thereof.

gagee, etc., for

charge Mortgage.

(2763.) SEC. 44. If any mortgagee or his personal repre- Liability of Mortsentative or assignee, as the case may be, after full performance neglect to dis of the condition of the mortgage, whether before or after a breach thereof, shall, for the space of seven days after being thereto requested, and after tender of his reasonable charges, refuse or neglect to discharge the same as provided in this chapter, or to execute and acknowledge a certificate of discharge or release thereof, he shall be liable to the mortgagor, his heirs or assigns, in the sum of one hundred dollars 1839, p. 219. damages, and also for all actual damages occasioned by such neglect or refusal, to be recovered in an action on the case.

An Act to Provide for Recording Patents for Land, and for other purposes. (b)

[Approved February 23, 1837. Laws of 1837, p. 15.]

cord Patent.

(2764.) SECTION 1. Be it enacted by the Senate and House of Register to reRepresentatives of the State of Michigan, That it shall be the duty of the Register of Deeds in the several counties of this State to receive for Record, and Record all Patents for Land from the United States in the same manner as by the existing

3) Prior to this Statute there was no Law in Michigan for Recording Patents in the office of the
Register of Deeds, and the record of one was therefore not evidence. Lyell vs. Maynard, 6 McLean,
Fep. 15.
And see 1 Gilman, 167.

Copy of record to be evidence.

law he is required to receive and record deeds and conveyances.

(2765.) SEC. 2. The record of a Patent recorded in the Register's Office, or a transcript of such record certified by the Register in whose office the same may be recorded under his hand, may be read in evidence in any Court in this State, without further proof thereof.

Duty of Supervisors of organized

records of Leeds,

An Act concerning the Records of Deeds and other Conveyances of Land.

[Approved March 24, 1836. Laws of 1836, p. 114.]

(2766.) SECTION 1. Be it enacted by the Senate and House of County to cause Representatives of the State of Michigan, That the Board of etc., of Lands in Supervisors, or a majority of them, of all such organized be copied from counties as have been attached to other counties for Judicial

such County to

records of County

attached.

to which it was purposes, are hereby authorized to direct the Register of Deeds of their county, either in person or by deputy, to provide a good and sufficient book or books, and procure, and record therein, a complete copy of all such Deeds, Mortgages, Powers of Attorney, or other instruments relating to the title of land, as may belong to their county, and on record in the county to which it had been so attached, and it shall be the duty of said Register or deputy, under his oath of office, to certify each and every copy so taken to be a true copy of the original record; and such copy so certified, shall be received as evidence in all Courts of Justice in this State, in the same manner and for the same purposes as the original record would be received.

Provisions to ap ply to Counties

(2767.) SEC. 2. All counties that now are, or may hereafter now or hereafter be organized, shall have all the rights and privileges specified in the first section of this act.

organized.

Duty of Register;
His fees.

(2768.) SEC. 3. It shall be the duty of the Register of the County, applying for a copy of Records, to transcribe the same in the book or books to be provided for that purpose as aforesaid; and the said Register shall receive for his services the fees allowed to Registers for recording Deeds, to be paid out of the County Treasury; and the Register to whom application may be made as aforesaid, is hereby authorized and directed to permit the Register first mentioned in this section to have the use of the books and Records in his office, for the purpose aforesaid.

(2769.) SEC. 4. The Supervisors are authorized and directed

to make such further compensation to the Registers who may Further compentranscribe such record as may be proper and just.

sation to Register.

An Act to Provide for Making a General Index to all Books in the Office of the Registers of
Deeds, of the Respective Counties of this State.

[Approved April 13, 1841. Laws of 1841, p. 176.]

be kept by Regis.

(2770.) SECTION 1. Be it enacted by the Senate and House of General Index to Representatives of the State of Michigan, That the County Com-ters. missioners of the respective counties of this State be, and they are hereby authorized, if, in the opinion of the Commissoners, they shall deem it necessary, to cause the Registers of their respective counties to prepare a general index to all books in their offices, used for the purpose of recording deeds, mortgages, and other instruments, in order that the records containing the title of lands may the more easily be preserved, and a search of said records, to ascertain such title, facilitated; and the said Registers shall receive for their compensation, such sum as the County Commissioners may deem just and right.

therefor in cer

(2771.) SEc. 2. No compensation shall be allowed for index- No compensation ing in the general index, deeds, mortgages, and other instru- tain cases. ments, that shall be left for record, after the general index books shall be furnished to the Registers of the respective counties, or when said books may have been already furnished, and the Registers are hereby required, without charge, to index all such deeds, mortgages, and other instruments, in said general index. (c)

(e) DEEDS, AND THE RECORDING THEREOF UNDER FORMER STATUTES.

EXECUTION AND ACKNOWLEDGMENT OR PROOF OF DEEDS.

By the Act of August 29, 1805, the Clerk of every Court was authorized to record all deeds and writings which were acknowledged or proved before such Court or any Judge thereof, or any Justice of the Peace, or any Notary Public." Woodward Code, p. 52.

If the party did not reside in Michigan, the acknowledgment or proof was to be "before any Court of law, or the Mayor or any Chief Magistrate of any City, town, or corporation in which the party should dwell, certified by such Court, Mayor or Magistrate, in the manner such acts are usually authenticated by them." Woodward Code, p. 52, Sec. 87 and 89; Cass Code, p. 45.

By the Act of 1820, Deeds were required to be signed and sealed by the parties, and acknowledged er proved by one or more of the subscribing witnesses there to before one of the Judges of the Supreme Court, or one of the Justices of any County Court, a Notary Public or Justice of the Peace. Code of 1920, p. 157.

Deeds executed in any other Territory, State or Country, were required to be acknowledged or proved and certified according to the laws and usages of such Territory, State, or Country. Code of 1820. p. 159.

The provisions of the Act of 1820 were substantially re-enacted in 1827, and continued in force antil August 31, 1838. Revision of 1827, p. 258, and 1833, p. 279.

By the Revised Statutes of 1838, acknowledgments might be made "before any Judge of any Court of Record, or before any Notary Public, or Justice of the Peace, within the State or of the United States, or in any foreign country, or before any Minister or Consul of the United States, in any foreign country." And provision was made for proving deeds before a Court of Record in case the grantor should die or depart from the State, without having acknowledged the same. P. 259. By the Act of April 1, 1840, which took effect on that day, deeds might be acknowledged before a Justice of the Peace, Judge of the Circuit, District or Supreme Courts of the State, or Notary Public, or Master in Chancery. Laws of 1840, p. 166.

If executed by a person residing in any other State or Territory, the deed was required to be executed according to the laws of such State or Territory.

If executed by a person residing in a foreign country, it might be executed according to the laws of such country, and acknowledged before a Minister Plenipotentiary, Consul, or Charge d'Affairs of the United States.

This Act was in force until repealed by the Revised Statutes of 1816.

ACKNOWLEDGMENTS BY MARRIED WOMEN.

The Act of 1805 provided that, "When husband and wife have sealed and delivered a writing, if the wife appear before such Court" (which it would seem must be a Court of Record), “Judge or Justice, or Notary Public, and being examined privily and apart from her husband, shall declare that she did freely and willingly seal and deliver the said writing, to be then shown and explained to her, and wishes not to retract it, and consenteth that it may be recorded, a certificate of such privy examination being returned and recorded with the writing; and the writing being acknowledged also by the husband, or proved by witnesses to be his act, in such case the said writing shall not only be sufficient to convey or release any right of dower, thereby intended to be released or conveyed, but be as effectual for every other purpose, as if she were an unmarried woman." Woodward Code, p. 53; Cass Code, p. 45.

If the grantor did not reside in Michigan, no different acknowledgment seemed to be required of the married woman than of any other person; but the deed, executed as before stated in the case of non-residents, together with any relinquishment of dower, was to "be effectual."

The Act of 1820 provided that no estate of a feme covert residing in this Territory should pass by her deed without a previous acknowledgment made, "on a private examination apart from her husband that she executed such deed freely, without any fear or compulsion of her husband;" but where any feme covert not residing in the Territory should join with her husband in any deed or conveyance of, or relating to any lands or real estate within the Territory, it might be executed and acknowledged in all respects as if she were sole, and she should thereby be barred of all claim of dower, and all other right and title therein as if she were sole. Code of 1820, p. 159.

This provision was re-enacted in 1827, and continued in force until, and including August 31, 1838, when it was repealed by the Revised Statutes of that year. See Revision of 1827, p. 259; and 1833, p. 280.

The Revised Statutes of 1838 required the acknowledgment of the wife to be taken separately and apart from her husband, and that she should acknowledge that she executed the deed without any fear or compulsion of her husband. P. 258, Sec. 11. And to bar her dower, she must in the deed release her claim thereto. P. 263, Sec. 7.

The Act of April 1, 1840, which took effect on that day, provided that the right of dower which a married woman might have in the State should not be passed or conveyed, except by deed executed by her, to be acknowledged by her on a private examination, separate and apart from her husband, that she had executed the deed without fear or compulsion from any one. Laws of 1840, p. 167. This provision, it will be seen, relates only to the release of dower. It was in force until March 1, 1847, when the Revised Statutes of 1846 took effect.

SEALS.

Until the Revised Statutes of 1846 (p. 487, Sec. 49), there was no statutory provision dispensing with the necessity of a seal, or a substitute therefor to a conveyance of lands.

The Act of June 10, 1828, provided that "any instrument to which the person making the same shall affix any device by way of seal, shall be adjudged and held to be of the same force and obligation as if it were actually sealed." And that "all instruments executed since the thirty-first day of December, 1827, to which the person or persons executing the same may have affixed any device by way of seal, shall be adjudged and held of the same force and obligation as if the same were actually sealed." Laws of 1828, p. 29; Revision of 1833, p. 516.