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erty, within the state, on being duly acknowledged by the person executing the same, or proved as required by this chapter, and such acknowledgment or proof duly certified when required by this chapter, may be recorded in the office of the clerk of the county where such real property is situated. Every such conveyance not so recorded is void as against any subsequent purchaser in good faith and for a valuable consideration, from the same vendor, his heirs or devisees, of the same real property or any portion thereof, whose conveyance is first duly recorded.
242. By whom conveyance must be acknowledged or proved. -Except as otherwise provided by this article, such acknowledgment can be made only by the person who executed the conveyance, and such proof can be made only by some other person, who was a witness of its execution, and at the same time subscribed his name to the conveyance as a witness.
§ 243. Recording of conveyances heretofore acknowledged or proved. A conveyance of real property, within the state, heretofore executed, and heretofore acknowledged or proved, and certified, so as to be entitled to be read in evidence, or recorded, under the laws in force at the time when so acknowledged or proved, but which has not been recorded is entitled to be read in evidence, and recorded in the same manner, and with the like effect, as if this chapter had not been passed. If heretofore executed, but not proved or acknowledged, it may be proved or acknowledged in the same manner as conveyances hereafter executed and with like effect.
$244. Recording executory contracts and powers of attorney. -An executory contract for the sale or purchase of real property, or an instrument containing a power to convey real property, as the agent or attorney for the owner of the property, acknowledged or proved, and certified, in the manner to entitle a conveyance to be recorded, may be recorded by the recording officer of any county in which any of the real property to which it relates is situated.
$245. Recording of letters patent.-Letters patent, issued under the great seal of the state, granting real property, may be recorded in the county where such property is situated, in the same manner and with like effect, as a conveyance duly acknowledged or proved and certified so as to entitle it to be recorded.
246. Recording copies of instruments which are in secre
tary of state's office.-A copy of an instrument affecting real property, within the state, recorded or filed in the office of the secretary of state, certified in the manner required to entitle the same to be read in evidence, may be recorded with such certificate, in the office of any recording officer of the state.
§ 247. Certified copies may be recorded.-A copy of a record, or of any recorded instrument, certified or authenticated so as to be entitled to be read in evidence, may be again recorded in any office where the original would be entitled to be recorded. Such record has the same effect as if the original were so recorded. A copy of a conveyance or mortgage affecting separate parcels of real property situated in different counties, or of the record of such conveyance or mortgage in one of such counties, certified or authenticated so as to be entitled to be read in evidence, may be recorded in any county in which any such parcel is situated, with the same effect as if the original instrument authenticated as required by section two hundred and fifty-nine of this chapter were so recorded.
248. Acknowledgments and proofs within the state. The acknowledgment or proof of a conveyance of real property within the state may be made at any place within the state, before a justice of the supreme court; or within the district wherein such officer is authorized to perform official duties, before a judge, clerk, deputy clerk, or special deputy clerk of a court, a notary public, or the mayor or recorder of a city, a justice of the peace, surrogate, special surrogate, special county judge, or commissioner of deeds.
§ 249. Acknowledgments and proofs in other states.-The acknowledgment or proof of a conveyance of real property, within the state, may be made without the state, but within the United States, before either of the following officers acting within his jurisdiction, or of the court to which he belongs:
1. A judge of the supreme court, of the circuit court of appeals, of the circuit court, or of the district court of the United States.
2. A judge of the supreme, superior, or circuit court of the
3. A mayor of a city.
4. A commissioner appointed for the purpose by the governor
of the state.
5. Any officer of a state, authorized by the laws
take the acknowledgment or proof of deeds to be recorded
§249a. added 1901 c.84
§ 250. Acknowledgments and proofs in foreign countries.- amd 1901 The acknowledgment and proof of a conveyance of real property C. 611 within the state, may be made without the United States before either of the following officers:
I. An ambassador, a minister plenipotentiary, minister extraordinary, minister resident, or chargé des affaires of the United States, residing and accredited within the country.
2. A consul-general, vice-consul-general, deputy consul-general, vice-consul or deputy-consul, a consular or vice-consular agent, or a consul or commercial or vice-commercial agent of the United States residing within the country.
3. A commissioner appointed for the purpose by the governor, and acting within his own jurisdiction.
4. A person specially authorized for that purpose by a commission, under the seal of the supreme court, issued to a reputable person, residing in or going to the country where the acknowledgment or proof is so to be taken.
5. If within the dominion of Canada, it may also be made before any judge of a court of record; or before any officer of such dominion authorized by the laws thereof to take the acknowledgment or proof of deeds to be recorded therein.
6. If within the United Kingdom of Great Britain and Ireland or the dominions thereunto belonging, it may also be made before the mayor, provost or other chief magistrate of a city or town therein.
7. All acts of ambassadors, ministers plenipotentiary, ministers extraordinary, minister resident or chargé des affaires of the United States government in taking the acknowledgment or proof of a conveyance of real property within the state, performed before the twelfth day of May, eighteen hundred and ninety-six, are hereby confirmed, provided that the certificate of acknowledgment or proof is in the form required by the laws of this state. (As amended by chap. 542 of 1899.)
251. Acknowledgments and proofs by married women.The acknowledgment or proof of a conveyance of real property, within the state, or of any other written instrument, may be made by a married woman the same as if unmarried.
§ 252. Requisites of acknowledgments.-An acknowledgment must not be taken by any officer unless he knows or has satisfac
tory evidence, that the person making it is the person described in and who executed such instrument.
§ 253. Proof by subscribing witness.—Where the execution of a conveyance is proved by a subscribing witness, such witness must state his own place of residence, and that he knew the person described in and who executed the conveyance. The proof must not be taken unless the officer is personally acquainted with such witness, or has satisfactory evidence that he is the same person, who was a subscribing witness to the conveyance. $254. Compelling witnesses to testify.-On the application of a grantee in a conveyance, his heir or personal representative, or a person claiming under either of them, verified by the oath of the applicant, stating that a witness to the conveyance, residing in the county where the application is made, refuses to appear and testify concerning its execution, and that such conveyance can not be proved without his testimony, any officer authorized to take, within the state, acknowledgment or proof of conveyance of real property may issue a subpoena, requiring such witness to attend and testify before him concerning the execution of the conveyance. A person who, on being duly served with such a subpoena, without reasonable cause refuses or neglects to attend or refuses to answer under oath concerning the execution of such conveyance, forfeits to the person injured one hundred dollars; and may also be committed to prison by the officer who issued the subpoena, there to remain without bail, and without the liberties of the jail, until he answers under oath as required by this section.
$255. Certificate of acknowledgment or proof.-An officer taking the acknowledgment or proof of a conveyance must indorse thereupon or attach thereto, a certificate, signed by himself, stating all the matters required to be done, known or proved on the taking of such acknowledgment or proof; together with the name and substance of the testimony of each witness examined before him, and if a subscribing witness, his place of residence.
§ 256. When certificate to state time and place.-Where the acknowledgment or proof is taken by a commissioner appointed by the governor, for a city or county within the United States, and without the state, the certificate must also state the day on which, and the town and county or the city in which the same was taken.
$257. When certificate must be under seal.-Where a certificate of acknowledgment or proof is made by a commissioner appointed by the governor, or by the mayor or other chief magistrate of a city or town without the United States, or by a minister, charges des affairs, consul-general, vice-consul-general, deputy consul-general, vice-consul or deputy-consul, consular or vice-consular agent, or consul or commercial or vice-commercial agent, of the United States, it must be under his seal of office, or the seal of the consulate to which he is attached. All acknowledgments or proofs of deeds, mortgages or other instruments relating to real property, the certificates of which were made in the form required by the laws of this state, by a consul-general, vice-consul-general, deputy consul-general, vice-consul, deputyconsul, consular agent, vice-consular agent, consul or commercial agent or vice-commercial agent of the United States prior to the first day of April, eighteen hundred and ninety-six, are confirmed. $258. Acknowledgment by corporation and form of certificate. The acknowledgment of a conveyance or other instrument by a corporation, must be made by some officer thereo fauthorized to execute the same by the board of directors of said corporation. The certificate of acknowledgment must be in substantially the following form, the blanks being properly filled.
..in the the year..
to me known, who, being
before me personally came.... by me duly sworn, did depose and say that he resided in......; that he is the (president or other officer) of the (name of corporation), the corporation described in and which executed the above instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. (Signature and office of officer taking acknowledgment.)
If such corporation have no seal, that fact must be stated in place of the statements required respecting the seal.
259. When county clerk's authentication necessary.—A certificate of acknowledgment or proof, made within the state, by