CHAP. IX.-An Act concerning Conveyances. [Approved November 5, 1861.] Be it enacted, by the Governor and Legislative Assembly of the by deed. SECTION 1. Conveyances of lands, or of any estate or Conveyance interest therein, may be made by deed, signed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or proved, and recorded, as hereinafter directed. women. SEC. 2. A husband and wife may, by their joint deed, By married convey the real estate of the wife in like manner as she might do by her separate deed, if she were unmarried. edgement of. SEC. 3. Every conveyance in writing, whereby any real Acknowlestate is conveyed, or may be affected, shall be acknowledged or proved and certified, in the manner hereinafter provided. SEC. 4. The proof or acknowledgment of every conveyance By whom to affecting any real estate, shall be taken by some one of the be taken. following officers: First. If acknowledged or proved within this Territory, by some Judge, or Clerk, of a Court having a seal, or some Notary Public, or Justice of the Peace, of the proper county. Second. If acknowledged or proved without this Territory, and within the United States, by some Judge, or Clerk, of any Court of the United States, or of any State, or Territory, having a seal, or by any Commissioner appointed by the government of this Territory for that purpose. Third. If acknowledged or proved without the United States, by some Judge or Clerk of any court of any state, kingdom, or empire, having a seal, or by any Notary Public therein, or by any Minister, Commissioner, or Consul, of the United States appointed to reside therein. acknowledgment. SEC. 5. Every officer shall take the proof or acknowledg- Certificate of ment of any conveyance affecting any real estate, shall grant a certificate thereof, and cause such certificate to be indorsed or annexed to such conveyance, such certificate shall be: First. When granted by any Judge or Clerk, under the hand of such Judge or Clerk, and the seal of the court. Second. When granted by an officer who has a seal of office, under the hand and official seal of such officer. ment to be SEC. 6. No acknowledgment of any conveyance whereby Identity of any real estate is conveyed, or may be affected, shall be taken, making unless the person offering to make such acknowledgment shall acknowledg be personally known, to the officer taking the same, to be the proved. person whose name is subscribed to such conveyance as a party thereto, or shall be proved to be such by the oath or affirmation of a credible witness. what to SEC. 7. The certificate of such acknowledgment shall state Certificate, the fact of acknowledgment, and that the person making the state. same was personally known, to the officer granting the certifi Form of Form of, when grantor is unknown. Proof of cate, to be the person whose name is subscribed to the conveyance as a party thereto, or was proved to be such by the oath or affirmation of a credible witness, whose name shall be inserted in the certificate. SEC. 8. Such certificate shall be substantially in the following form, to wit: "Territory of Nevada, county of A. D. On this A. D. SEC. 9. When the grantor is unknown to the court or officer taking the acknowledgment, the certificate shall be in the following form, to wit: "Territory of Nevada, county of -. On this day of -, personally appeared before me, a Notary Public (or Judge, or . officer, as the case may be,) in and for the said county, A. B., satisfactorily proved to me to be the person described in, and who executed, the within conveyance, by the oath of C. D., a competent and credible witness, for that purpose by me duly sworn, and he, the said A. B., acknowledged that he executed the same freely and voluntarily, for the uses and purposes therein mentioned." SEC. 10. The proof of the execution of any conveyance, execution of whereby any real estate is conveyed, or may be affected, shall conveyance. be: First. By the testimony of a subscribing witness; or, Second. When all the subscribing witnesses are dead, or cannot be had by evidence of the handwriting of the party, and of, at least, one subscribing witness, given by a credible witness. to each signature. Same. Proof necessary. to set forth. SEC. 11. No proof by a subscribing witness shall be taken unless such witness shall be personally known, to the officer taking the proof, to be the person whose name is subscribed to the conveyance as a witness thereto, or shall be proved to be such by the oath or affirmation of a credible witness. SEC. 12. No certificate of such proof shall be granted unless such subscribing witness shall prove the person, whose name is subscribed thereto as a party, is the person described in, and who executed, the same; that such person executed the conveyance, and that such witness subscribed his name thereto as a witness thereof. Certificate of SEC. 13. The certificate of such proof shall set forth the proof, what following matters: First. The fact that such subscribing witness was personally known to the officer granting the certifi cate to be the person whose name is subscribed to such conveyance as a witness thereto, or was proved to be such by oath or affirmation of a witness, whose name shall be inserted in the certificate. Second. The proof given by such witness of the execution of such conveyance, and of the fact that the person, whose name is subscribed to such conveyance as a party thereto, is the person who executed the same, and that such witness subscribed his name to such conveyance as a witness thereof. handwriting. SEC. 14. No proof by evidence of the handwriting of the Proof by party, and of a subscribing witness, shall be taken, unless the evidence of officer taking the same shall be satisfied that all the subscribing witnesses to such conveyance are dead, or cannot be had to prove the execution thereof. cate on proof of hand writing to be granted. SEC. 15. No certificate of any such proof shall be granted when certifi unless a competent and credible witness shall state, on oath or affirmation, that he personally knew the person whose name is subscribed thereto as a party, well knew his signature, (stating his means of knowledge), and believes the name of the person subscribed thereto as a party was subscribed by such person; nor unless a competent and credible witness shall, in like manner, state that he personally knew the person whose name is subscribed to such conveyance as a witness, well knew his signature, (stating his means of knowledge), and believes the name subscribed thereto as a witness was thereto subscribed by such person. may be to execution. SEC. 16. Upon the application of any grantee in any con- Witnesses veyance required by this Act to be recorded, or by any person subpenaed claiming under such grantee, verified under the oath of the to testify as applicant, that any witness to such conveyance, residing in the county where such application is made, refuses to appear and testify touching the execution thereof, and that such conveyance cannot be proved without his evidence, any officer authorized to take the acknowledgement or proof of such conveyance, may issue a subpena requiring such witness to appear before such officer, and testify touching the execution thereof. SEC. 17. Every person who being served with a subpena, Penalty for shall without reasonable cause, refuse or neglect to appear, or refusing to appearing, shall refuse to answer upon oath, touching the mat- pena. ters aforesaid, shall be liable to the party injured in the sum of one hundred dollars, and for such damages as may be sustained by him on account of such neglect or refusal, and may also be committed to prison by the Judge of some court of record, there to remain without bail, until he shall submit to answer upon oath as aforesaid; but no person shall be required to attend who resides out of the county in which the proof is to be taken, nor unless his reasonable expenses shall have been first tendered to him. obey sub recorded. SEC. 18. A certificate of the acknowledgement of any con- To be veyance, or of the proof of the execution thereof, as provided in this act, signed by the officer taking the same, and under the seal of the officer, shall entitle such conveyance, with the certificate or certificates as aforesaid, to be recorded in the office of the Recorder of any county in this Territory. By married women. Covenants binding on married women. Acknowledgment of married women. Same. Form of certificate of SEC. 19. A married woman may convey any of her real estate by any conveyance thereof, executed and acknowledged by herself and her husband, and certified, in the manner hereinafter provided, by the proper officer taking the acknowledg ment. SEC. 20. No covenant, express or implied, in any such conveyance, shall bind such married woman or her heirs, except so far as may be necessary effectually to convey, from such maried woman and her heirs, all her rights and interest expressed to be conveyed in such conveyance. SEC. 21. Any officer authorized by this act to take the proof or acknowledgment of any conveyance whereby any real estate is conveyed, or may be affected, may take and certify the acknowledgment of a married woman to any such convey. ance of real estate. SEC. 22. No such acknowledgment shall be taken, unless such married woman shall be personally known, to the officer taking the same, to be the person whose name is subscribed to such conveyance as a party thereto, or shall be proved to be such by a credible witness; nor unless such married woman shall be made acquainted with the contents of such conveyance, and shall acknowledge on an examination, apart from and without the hearing of her husband, that she executed the same freely and voluntarily, without fear or compulsion, or undue influence of her said husband, and that she does not wish to retract the execution of the same. SEC. 23. The certificate shall be in the form heretofore acknowledg given, and shall set forth that such married woman was perment of mar-sonally known, to the officer granting the same, to be the perried women. son whose name is subscribed to such conveyance as a party To be recorded. thereto, or was proved to be such by credible witness, whose name shall be inserted in the certificate, and that she was made acquainted with the contents of such conveyance, and acknowledged, on examination apart from and without the hearing of her husband, that she executed the same freely and voluntarily, without fear or compulsion, or undue influence of her husband, and that she does not wish to retract the execution of the same. Every certificate which substantially conforms to the requirements of this act shall be valid. SEC. 24. Every conveyance of real estate, and every instrument of writing, setting forth an agreement to convey any real estate, or whereby any real estate may be affected, proved, acknowledged and certified, in the manner prescribed in this act, to operate as notice to third persons, shall be recorded in Valid with the office of the Recorder of the county in which such real estate is situated, but shall be valid and binding between the parties thereto, without such record. out record. notice. Record to be SEC. 25. Every such conveyance or instrument of writing, acknowledged or proved and certified, and recorded in the manner prescribed in this act, shall, from the time of filing the same with the Recorder for record, impart notice to all persons of the contents thereof; and subsequent purchasers and mortgagees shall be deemed to purchase and take with notice. SEC. 26. Every conveyance of real estate within this Ter- wheu void. ritory, hereafter made, which shall not be recorded as provided in this act, 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, where his own conveyance shall be first duly recorded. Attorney to SEC. 27. Every power of attorney, or other instrument in Powers of writing, containing the power to convey any real estate, as be recorded. agent or attorney for the owner thereof, or to execute, as agent or attorney for another, any conveyance whereby any real estate is conveyed, or may be affected, shall be acknowledged, or proved and certified, and recorded as other conveyances whereby real estate is conveyed or affected, are required to be acknowledged or proved, and certified and recorded. of Power to SEC. 28. No such power of attorney, or other instrument, Revocation certified and recorded in the manner prescribed in the pre- be recorded. ceding section, shall be deemed to be revoked by any act of the party by whom it was executed, until the instrument containing such revocation shall be deposited for record in the same office in which the instrument containing the power is recorded. SEC. 29. Every conveyance, or other instrument, convey- Evidence of ing or affecting real estate, which shall be acknowledged, or proved and certified, as hereinafter prescribed, may, together with the certificate of acknowledgment, or proof, be read in evidence without further proof. when lost. SEC. 30. When any such conveyance, or instrument, is Evidence of, acknowledged or proved, certified and recorded, in the manner hereinafter prescribed, and it shall be shown to the court that such conveyance, or instrument, is lost, or not within the power of the party wishing to use the same, the record thereof, or the transcript of such record, certified by the Recorder, under the seal of his office, may be read in evidence without further proof. may be SEC. 31. Neither the certificate of the acknowledgment, Evidence nor of the proof, of any such conveyance, or instrument, nor rebutted. the record, nor the transcript of the record, of such conveyance or instrument, shall be conclusive, but the same may be rebutted. other SEC. 32. If the party contesting the proof of any such Proof by conveyance, or instrument, shall make it appear that any such evidence. proof was taken upon the oath of an incompetent witness, neither such conveyance, or instrument, nor the record thereof, shall be received in evidence, until established by other competent proof. SEC. 33. If any person shall convey any real estate, by subsequent conveyance purporting to convey the same in fee simple abso- title ture to grantee. |