nesses. (2738.) SEC. 19. The Court or Justice before whom any deed Subpoenas 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 subpoenas may be served in any part of this State. refusing to a p swer, etc. (2739.) SEC. 20. Every person, who, being served with such Punishment for subpoena, shall, without reasonable cause, refuse or neglect to pear, or 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 subpoena, there to remain until he shall submit to answer upon oath as aforesaid. Deed with Regis (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., effect. 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. filing to continue. title Deed to be (2742.) 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. Entry books of Deeds and Mr. By Register. (2743.) SEC. 24. Every Register of Deeds shall keep an gaga to be kept 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: Entries in such books, how made. Recording of gages. Mich. R., 84. 20 Ohio, 261. (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 by the Registers of Deeds of the several counties, for the Wal. Ch. R., 175. recording of deeds and mortgages; in one of which 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. Certificate of Recording. Indexes. Conveyance not subsequent pur chasers. (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 conveyanco 1 Cal. Rep., 203. Wal. Ch. R., 260, 79. Har. Ch. R., 48. 14 III. R., 200. 17 Wendell, 25. shall be first duly recorded. 6 Paige, 323. Recording Deeds (2749.) SEC. 30. Deeds of pews or slips in any church, may of rews and Slips be 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. Conveyances and ments as evi Wal. Ch. R., 175. 17 Wendell, 103. (2750.) SEC. 31. All conveyances and other instruments Effect 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 dence shall have been recorded, the record, or a transcript of the 5 MeLear, 111. record, certified by the Register in whose office the same i Hill, 540. 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. defeated by de Har. Ch. R, 150. (2751.) SEC. 32. When a deed purports to be an absolute When deed not conveyance in terms, but is made or intended to be made easance. 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 heirs or devisees, or persons having actual notice thereof, unless the instrument of defeas- 5 Pick., 181. ance shall have been recorded in the Registry of Deeds of the county where the lands lie. ing assignment of (2752.) SEC. 33. The recording of an assignment of a mort- Effect of recordgage shall not, in itself, be deemed notice of such assignment Mortgage. to the mortgagor, his heirs or personal representatives, so as to invalidate any payment made by them, or either of them, to the mortgagee. "Purchaser," as ter. (2753.) SEC. 34. The term "purchaser," as used in this chap-Definition of term 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. "Conveyance," Chapter. (2754.) SEC. 35. The term "conveyance," as used in this Definition of term chapter, shall be construed to embrace every instrument in as used in this 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, except1 Wend., wills, leases for a term not exceeding three years, and executory contracts for the sale or purchase of lands. 485. preceding Sec (2755.) SEC. 36. The preceding section shall not be construed Construction of to extend to a letter of attorney, or other instrument contain 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 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 in force. 9. How Mortgage may be dis 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. (2760.) SEC. 41. Any mortgage that has been, or may charged. 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 1889, 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 1859, 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 () 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, Rep. 15. And see 1 Gilman, 167. |