for transfer from said daily index to said general index, indexing in said daily index shall be a sufficient compliance with the requirements of this act as to indexing.

(1922, p. 474. In force June 18, 1922.)

A deed of conveyance of land duly recorded which recites various deferred payments of purchase money and that they are "all secured by a deed of trust on the land itself, which deed and this are parts of the same transaction," is constructive notice to subsequent purchasers of the land of the lien for the unpaid purchase money, although the deed of trust referred to as securing the same be not recorded. Charlottesville Hdw. Co. v. Perkins, 118 Va. 34, 86 S. E. 869.

Where a deed of trust is duly recorded, and in express terms provides that the proceeds of any oak timber cut and removed from the land shall be applied to the payment of the notes secured by the deed of trust, anyone who cuts and removes such timber is bound to see to the application of the proceeds of the timber. Hiden v. Mahanes, 119 Va. 116, 89 S. E. 121.

The trustee in a second deed of trust can be as truly a purchaser for value and without notice as a trustee in a first deed of trust can be. Murphy's Hotel Co. v. Benet, 119 Va. 157, 89 S. E. 104.

shall be

The Code of 1887 provided, "Every such contract in writing void as to subsequent purchasers for valuable consideration without notice until and except from the time that it is duly admitted to record in the county or corporation wherein the property embraced in such contract may be." This was amended by Acts of 1895-6, page 842, by the addition of the following language: "provided, that possession of any estate or term without notice or other evidence of title, shall not be notice to said subsequent purchasers for valuable consideration." This proviso was omitted from the amendment of the statute by Acts 1897-8, page 834, but was restored by the act amending the same statute in Acts 1899-1900, page 89.

It was held that the act as amended affected contracts in existence prior to its enactment; and that as thus construed it is not unconstitutional as divesting parties in possession of vested rights of property. Payne v. Buena Vista E tract Co., 124 Va. 296, 98 S. E. 34.

There is no rule of law, statutory or otherwise, which prevents the valid subsequent recordation in other counties or cities of a deed once recorded in a given county or city. The circumstances that the other county or city is subsequently formed out of a portion of the county in which the deed was first recorded, and that it is not necessary to record the deed a second time in such other county or city, are immaterial. The original deed may be recorded in any county or city wherein the property embraced in the deed or any part thereof is located, and it will give the constructive notice provided for by this section. It is only when the original deed has been lost or mislaid that a certified copy thereof has to be used for the recordation thereof in another county or city. Abrahams v. Ball et al., 122 Va. 197, 95 S. E. 799.

For article by Judge Martin P. Burks on "The Code of 1919," citing this section, see 5 Va. Law Reg. (N. S.) 97.

For article on the "Examination of Titles in Virginia," see 5 Va. Law Reg. (N. S.) 817.

Formerly section 2465, Code 1904. To be protected under this statute, complainants must have been complete purchasers for valuable consideration, without notice of such prior unrecorded deed. Blizzard v. Slayer, 125 Va. 601, 100 S. E. 454.

This section had no application under facts in Henry v. Payne, 126 Va. 1, 100 S. E. 845.

An indenture containing a demise of property for two years and one month, with the privilege to the lessee at his option of four successive renewals, each for the period of one year, is not a lease for more than two years and one month, but is a contract for a term of more than five years, and must be recorded to protect the lessee against purchasers for value without notice. The Great A. & P. v. Cofer, 129 Va. 640, 106 S. E. 695.

Sec. 5197. This section does not embrace a foreign conditional contract sale. Osmond-Barringer Co. v. Hey (law and equity court, city of Richmond), 7 Va. Law Reg. (N. S.) 175.

Sec. 5201. For article on the "Examination of Titles in Virginia,” see 5 Va. Law Reg. (N. S.) 817.

Formerly section 2473. Cited but not construed in Rose v. Agee, 128 Va. 502, 104 S. E. 827.

Sec. 5202. For article by Judge Martin P. Burks on "The Code of 1919,” citing this section, see 5 Va. Law Reg. (N. S.) 97.

Sec. 5203.

EDITOR'S FORM OF POWER OF ATTORNEY

Know all Men by these Presents, That..

of

of the..

have made, constituted, and appointed, and by these presents

do make, constitute, and appoint, and in..

depute... attorney for...

of the..
...and in...

giving and granting unto..

.of.

place and stead put and

true and lawful

.name...., and place and stead, to ...said attorney.... by

..name

these presents,.. full and whole power and authority in and about the premises, to have, use, and take lawful ways and means in..... for the purposes aforesaid. And, generally, all and every other act or acts, thing or things, in the law whatsoever needful and necessary to be done in and about the premises, for... name...., to do, execute, and perform, as fully, largely, and amply, to all intents and purposes, as... might or could do if personally present, hereby ratifying, allowing, and holding, for, firm and effectual, all and whatever.. ..said attorney shall law

and in...

fully do in and about the premises by virtue hereof.

In witness whereof.......

seal this..................

State of Virginia,

of

day of..

of Virginia, do certify that...

the foregoing power of attorney, ha..

For article on the "Examination of Titles in Virginia," see 5 Va. Law Reg. (N. S.) 817.

Sec. 5204. See note to preceding section.

Sec. 5205. Certificate of acknowledgment within the United States or its dependencies, upon which writings are admitted to record; who may make them.

Such court or clerk shall also admit any such writing to record as to any person whose name is signed thereto, upon the certificate of said clerk or his deputy, or of a justice of the peace, or a notary public, or a commissioner in chancery, or a clerk of any court of record within the United States or in the Philippine Islands, Porto Rico, or any territory or other dependency or possession of the United States, that such writing had been acknowledged before him by such person, which certificate shall be written upon or annexed to said writing to the following effect, to-wit:

clerk, (or, deputy clerk, or, a commissioner in chancery) of the........ ...court (or, a justice. of the peace, or, a notary public) for the county (or, corporation) aforesaid, in the State (or, territory, or, district) of.

do certify that E. F. (or, E. F. and G. H., and so forth) whose name (or, names) is (or, are) signed to the writing above (or, hereto annexed) bearing date on the.. day of.......... has (or, have) acknowledged the same before me in my county (or, corporation) aforesaid.

Given under my hand (and notarial seal, when seal is required to be used) this...

day of............

Or upon the certificate of acknowledgment of such person before any commissioner appointed by the governor, within the United States, so written or annexed, to the following effect, to-wit: State (or, territory, or, district) of.... I,.... governor of the State of Virginia, for said State (or, territory, or, district) of.... do certify that E. F. (or, E. F. and

to-wit:

a commissioner appointed by the

G. H., and so forth) whose name (or, names) is (or, are) signed to the writing above (or, hereto annexed) bearing date on the...... day of..... has (or, have) acknowledged the same before me in my State (or, territory), or, district) aforesaid. Given under my hand and official seal this...

day of

Or upon the certificate of said clerk or his deputy, or of a justice of the peace, or a notary public, or a commissioner in chancery, or a clerk of any court of record within the United States, or in the Philippine Islands, Porto Rico, or any territory or other possession or dependency of the United States, or of a commissioner appointed by the governor of Virginia, within the United States, that said writing was proved as to such person, before him, by two subscribing witnesses thereto, which certificate shall be written upon or annexed to said writing, and to the following effect, to-wit: State (or territory, or district) of.. (or, corporation) of..

to-wit: I,..

: county

clerk (or, deputy clerk, or, a commissioner in chancery) of the.. court (or, a justice of the peace, or, a notary public) for the county (or, corporation) aforesaid, in the State (or, territory, or, district) of. (or, a commissioner appointed by the governor of the State of Virginia for said State, or territory, or district of... ) do certify that the execution of the writing above (or, hereto annexed) bearing date on the

day of

by A. B. (or, A. B. and C. D., and so forth), whose name (or, names) is (or, are) signed thereto, was proved before me in my county (or, corporation, or, State) aforesaid, by the evidence on oath of E. F. and G. H., scribing witnesses to said writing.

sub

Given under my hand (and official seal, when a seal is required to be used) this.. ..day of.........

Provided that such certificate of a notary public without the State shall have his notarial seal affixed thereto; and the certificate of a

justice of the peace or a commissioner in chancery without the State shall have affixed thereto the certificate of the clerk of the court in which he qualified or by which he was appointed, under the seal of said court, to the effect that he is such officer as is described in such certificate; and the certificate of a clerk of a court without the State shall have affixed thereto the seal of his court.

(1922, p. 868. In force June 18, 1922.)

The provision of Code Va. 1860, chapter 175, section 2, allowing each court from time to time to appoint commissioners in chancery or for stating account was continued by various enactments and remained in force until adoption of Code of 1887. Act April 2, 1873 (Acts 1872-73, chap. 395), abolished the equity jurisdiction of the county courts. It was held that acknowledgment taken before a commissioner in chancery appointed by a county court after its equity jurisdiction had been abolished, but before the power to appoint commissioners in chancery had been withdrawn, was sufficient: commissioners in chancery being authorized by act of June 17, 1870 (Acts 1869-70, chap. 138), to take and certify acknowledgments. Va. & W. Va. Coal Co. v. Charles, 251 Fed. 83.

For article on "The Telephone and the Law," citing the taking of a notary's acknowledgment over the telephone, see 5 Va. Law Reg. (N. S.) 316.

For article on "Reference to Commissioner in Chancery," see 5 Va. Law Reg. (N. S.) 497.

For note of cases declaring acknowledgments over telephones null and void, see 7 Va. Law Reg. (N. S.) 377.

Sec. 5206. See chapters 54 and 342 of Acts 1918, herein.

Sec. 5207. See chapter 342 of Acts 1918, herein.

This section provides that where a writing purports to be signed in behalf or by authority of a corporation that the certificate of acknowledgment by the person signing the said writing shall be sufficient for the purposes of recordation as to the corporation in whose behalf it is signed without expressing that such acknowledgment was in behalf or by authority of such corporation. The section then proceeds in substance to provide that a certificate of corporate acknowledgment to the following effect shall be sufficient:

State of Virginia,,

City of Richmond,

to-wit:

I, John Smith, a notary public in and for the city and State aforesaid, do certify that John Jones, President of.... whose name is signed to the writing above, bearing date on the 26th day of September, 1905, has acknowledged the same before me in my city aforesaid.

My term of office expires January 17, 1907.

Given under my hand this 26th day of September, 1905.

John Smith,
Notary Public.

It will be noted that this form does not recite that John Jones signs the writing in behalf or by authority of the corporation, and that the section expressly says that such a recital is unnecessary. Nor does this form recite that John Jones was authorized to sign for the corporation, nor does it mention the seal of the corporation, nor that the seal affixed is the seal of the corporation. It would seem sufficiently safe to use the above simple form were it not for the fact that the statute does not go further than to provide that such form shall be sufficient for recordation. It might be sufficient for recordation and yet not contain a statement of those facts of which it might be valuable to have official certification, in case the validity of the deed is attacked. This being the case, it would seem wiser for corporate acknowledgment to be to the following effectcombining therewith an affidavit as to the capacity and authorization of the officer executing the writing and as to the true seal of the corporation: State of Virginia,

City of Richmond,

to-wit:

I, John Smith, a notary public in and for the city and State aforesaid, do certify that John Jones, whose name as president of the Up-to-Date Printing

day

Company is signed to the foregoing writing, bearing date on the.. of...... 19, personally appeared before me this day in my said city and in the name and on behalf of the said Up-to-Date Printing Company acknowledged the said writing as the act and deed of the said company, and made oath that he is president of the said company and that the seal affixed to said writing is the true corporate seal of said company and that it has been affixed thereto by due authority.

My term of office expires.....
Given under my hand this.........

..day of.......

19.......... John Smith, Notary Public.

Sec. 5208. Deeds of corporations; how to be executed and acknowl

edged.

All deeds hereafter made by corporations shall be signed in the name of the corporation by the president or acting president, or any vicepresident, or by such other person as may be authorized thereunto by the board of directors of such corporation, and the seal of the corporation shall be affixed and attested by the secretary, acting treasurer, or treasurer, of such corporation or by such other person as may be authorized thereunto by the board of directors of such corporation, and if such deed is to be recorded, the person signing the name of the corporation, shall acknowledge the same in the manner provided by section fifty-two hundred and seven.

(1920, p. 586. In force June 18, 1920.)

For form of acknowledgment, see note to preceding section, herein.

For article by Judge Martin P. Burks on "The Code of 1919," citing this section, see 5 Va. Law Reg. (N. S.) 97.

Sec. 5210. For article on the "Examination of Titles in Virginia," see 5 Va. Law Reg. (N. S.) 817.

Sec. 5211. See note to preceding section.

Sec. 5212. There is no rule of law, statutory or otherwise, which prevents the valid subsequent recordation in other counties or cities of a deed once recorded in a given county or city. The circumstances that the other county or city is subsequently formed out of a portion of the county in which the deed was first recorded, and that it is not necessary to record the deed a second time in such other county or city, are immaterial. The original deed may be recorded in any county or city wherein the property embraced in the deed or any part thereof is located, and it will give constructive notice. It is only when the original deed has been lost or mislaid that a certified copy thereof has to be used for the recordation thereof in another county or city. Abrahams v. Ball et al., 122 Va. 197, 95 S. E. 799.

A certified copy of a deed, taken from the deed book of a county other than that in which the land was located and the conveyance was originally recorded is not admissible in evidence under this section, or section 6202, where it appeared from the registration certificate of the clerk that the paper presented to him for record was not the original deed, but was merely a copy, and hence not entitled to record under the statutes. Va. & W. Va. Coal Co. v. Charles, 251 Fed. 83. Sec. 5215. For article on the "Examination of Titles in Virginia," see 5 Va. Law Reg. (N. S.) 817.

Sec. 5216. For article on the "Examination of Titles in Virginia," see 5 Va. Law Reg. (N. S.) 817.

Sec. 5217. For article on the "Examination of Titles in Virginia," see 5 Va. Law Reg. (N. S.) 817.

See chapter 419 of Acts 1918, herein.

Sec. 5218. For a case which does not violate the terms of this section, see Daniel v. Doughty, 120 Va. 853, 92 S. E. 848.