mortgage, and no bond or other separate instrument to secure such payment, shall have been given, the remedies of the mortgagee shall be confined to the lands mentioned in the mortgage. TITLE XIV. CHAPTER 65. SEC. 7. No grant or conveyance of lands, or interest therein, shall Conveyance of be void for the reason that at the time of the execution thereof such land adversely possessed. lands shall be in the actual possession of another claiming adversely. acknowledg SEC. 8. Deeds executed within this state, of lands, or any interest Execution and in lands therein, shall be executed in the presence of two witnesses, ment of deed. who shall subscribe their names to the same as such, and the persons executing such deeds may acknowledge the execution thereof before any judge or commissioner of a court of record, or before any notary public, justice of the peace or master in chancery within the state, and the officer taking such acknowledgment, shall endorse thereon a 1840, p. 166. certificate of the acknowledgment thereof, and the true date of making the same, under his hand. 1839, p. 219, in other states. SEC. 9. If any such deed shall be executed in any other state, terri- Deeds executed tory or district of the United States, such deed may be executed according to the laws of such state, territory or district, and the execution thereof may be acknowledged before any judge of a court of record, notary public, justice of the peace, master in chancery or other officer authorized by the laws of such state, territory or district to 1840, p. 166. take the acknowledgment of deeds therein, or before any commissioner appointed by the governor of this state for such purpose. How acknowl SEC. 10. In the cases provided for in the last preceding section, unless the acknowledgment be taken before a commissioner appointed edgment authenby the governor of this state for that purpose, such deed shall have ticated. attached thereto a certificate of the clerk, or other proper certifying officer of a court of record of the county or district within which such acknowledgment was taken, under [the] seal of his office, that the person whose name is subscribed to the certificate of acknowledg ment was, at the date thereof, such officer as he is therein represented 1840, p. 165. to be, that he believes the signature of such person subscribed there- 1843, p. 6. to to be genuine, and that the deed is executed and acknowledged according to the laws of such state, territory or district. try. SEC. 11. If such deed be executed in any foreign country, it may Deeds executed be executed according to the laws of such country, and the execution in foreign counthereof may be acknowledged before any notary public therein, or before any minister plenipotentiary, minister extraordinary, minister resident, charge des affaires, commissioner or consul of the United States, appointed to reside therein; which acknowledgment shall be certified thereon by the officer taking the same under his hand, and if taken before a notary public, his seal of office shall be affixed to such certificate. SEC. 12. When any married woman residing in this state, shall join Acknowledg. with her husband in a deed of conveyance of real estate, situate ment by married women residing within this state, the acknowledgment of the wife shall be taken sep- in this state. arately and apart from her husband; and she shall acknowledge that she executed such deed freely, and without any fear or compulsion 1840, p. 167, §4. from any one. residing cut of SEC. 13. When any married woman not residing in this state, shall Conveyance by join with her husband in any conveyance of real estate situated with- married women in this state, the conveyance shall have the same effect as if she were this state. sole, and the acknowledgment or proof of the execution of such conveyance by her, may be the same as if she were sole. TITLE XIV. CHAPTER 65. SEC. 14. When any grantor shall die, or depart from, or reside out of this state, not having acknowledged his deed, the due execution Proof of execu- thereof may be proved by any competent subscribing witness thereto, before any court of record in this state. tion, &c. In case of death of subscribing witnesses. Proceedings on refusal of grant or residing in this state, to ac knowlege deed. Ib. When execution before court of SEC. 15. If all the subscribing witnesses to such deed shall also be dead, or out of this state, the same may be proved before any court of record in this state, by proving the hand writing of the grantor, and of any subscribing witness thereto. SEC. 16. If any grantor residing in this state, shall refuse to acknowledge his deed, the grantee or any person claiming under him, may apply to any justice of the peace in the county where the land lies, or where the grantor or any subscribing witness to the deed resides, who shall thereupon issue a summons to the grantor to appear at a certain time and place before the said justice, to hear the testimony of the subscribing witnesses to the deed; and the said summons, with a copy of the deed annexed, shall be served at least seven days before the time therein assigned for proving the deed. SEC. 17. At the time mentioned in such summons, or at any time to which the hearing may be adjourned, the due execution of the deed may be proved by the testimony of one or more of the subscribing witnesses; and if proved to the satisfaction of the justice, he shall certify the same thereon, and in such certificate he shall note the presence or absence of the grantor, as the fact may be. SEC. 18. If any grantor residing in this state, shall refuse to acmay be proved knowledge his deed, and the subscribing witnesses thereto shall all be record, in case of dead, or out of the state, it may be proved before any court of record in this state, by proving the handwriting of the grantor, or of any subscribing witness; the said court first summoning the grantor for the purpose, in the manner before provided in this chapter. death, &c. Subpoenas for witnesses. Punishment for refusing to ap pear or to answer, &c. Filing copy of deed with regis ter, &c., effect. When effect of SEC. 19. The court or justice before whom any deed may 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. SEC. 20. Every person, who, being served with such subpoena, shall, without reasonable cause, refuse or neglect to appear, 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. SEC. 21. Any person interested in a deed that is not acknowledged, may, at any time before or during such application 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. SEC. 22. If, at the expiration of the time mentioned in the precedfiling to continue, ing section for that purpose, such proceedings for proving the execu peace, the tion of the deed shall be pending before a justice of the 265 TITLE XIV. CHAPTER 65. title deed to be SEC. 23. A certificate of the acknowledgment of any deed, or of Certificate to enthe proof of the execution thereof before a court of record, or justice recorded. 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 eleventh (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. SEC. 24. Every register of deeds shall keep an 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: Entry books of deeds and mortages to be kept by register. Date of reception. Grantors. Grantees. Township where the To whom delivered af Fees recei- Entries in such SEC. 25. In the entry book of deeds the register shall enter all deeds of conveyance absolute in their terms, and not intended as books,how made. 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. gages. SEC. 26. Different sets of books shall be provided by the registers Recording of of deeds of the several counties, for the recording of deeds and mort- deeds and mort gages; 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. SEC. 27. The register shall certify upon every instrument recorded Certificate of reby him, the time when it was received, and a reference to the book cording. and page where it is recorded. SEC. 28. Every register of deeds shall also keep a proper general Indexes. 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. Conveyance not SEC. 29. Every conveyance of real estate within this state, hereafter made, which shall not be recorded as provided in this chapter, recorded. void, shall be void as against any subsequent purchaser in good faith, and as against subse for a valuable consideration, of the same real estate or any portion thereof, whose conveyance shall be first duly recorded. quent purcha- 8 do. SEC. 30. Deeds of pews or slips in any church, may be recorded by the clerk of the township in which such church is situated, or by Recording deeds the clerk of the society or proprietors, if incorporated or legally or of pews and slips in churches. TITLE XIV. CHAPTER 65. Effect of certain conveyances and other instru ments as evidence. When deed not defeated by defeasance. 5 Pick., 181. Effect of record ing assignment of mortgage. Definition of term "purcha ser," as used in this chapter. Definition of term "conveyance," as used in this chapter. 1 Wend., 485. Construction of preceding section, letters of attorney, &c. How letters of attorney revoked Transcribing re cords on division ganized; and such clerks shall receive the same fees as the register of deeds is entitled to for similar services. SEC. 31. All conveyances and other instruments authorized by law to be recorded, and which shall be acknowledged or proved as provided in this chapter, and if the same shall have been recorded, the record, or a transcript of the record, certified by the register in whose office the same 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. SEC. 32. When a deed purports to be an absolute conveyance in terms, but is made or intended to be made 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 defeasance shall have been recorded in the registry of deeds of the county where the lands lie. SEC. 33. The recording of an assignment of a mortgage shall not, in itself, be deemed notice of such assignment to the mortgagor, his heirs or personal representatives, so as to invalidate any payment made by them, or either of them to the mortgagee. SEC. 34. The term "purchaser," as used in this chapter, shall be construed to embrace every person to whom any estate 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. SEC. 35. The term "conveyance," as used in this chapter, shall be construed to embrace every instrument in writing, by which any estate or interest in real estate is created, aliened, mortgaged or assigned; or by which the title to any real estate may be affected in law or equity, except wills, leases for a term not exceeding three years, and executory contracts for the sale or purchase of lands. vey SEC. 36. The preceding section shall not be construed to extend to a letter of attorney, or other instrument containing a power to conlands 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. 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. SEC. 38. When a new county shall be organized, in whole or in &c., of county. 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 CHAPTER 66. transcribing the same, such sum as the board of supervisors of his TITLE XIV. county may deem just and reasonable. 1840, p. 167, § 3. SEC. 39. A scroll or device used as a seal upon any deed of con- Scroll used as a veyance or other instrument whatever, whether intended to be record- seal. ed or not, shall have the same force and effect as a seal attached thereto, or impressed thereon, but this section shall not be construed to apply to such official seals as are or may be provided for by law. SEC. 40. All conveyances of real estate heretofore made and acknowledged or proved in accordance with the laws of this state, in Effect of deeds, force at the time of such making and acknowledgment or proof, shall &e, acknowl edged according have the same force as evidence, and be recorded in the same manner, to law in force. and with the like effect, as conveyances executed and acknowledged 1840, p 167, § 9. in pursuance of the provisions of this chapter. ed. SEC. 41. Any mortgage that has been, or may hereafter be record- How mortgage ed may be discharged by an entry in the margin of the record may be dischargthereof 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. SEC. 42. Any mortgage shall also be discharged upon the record b. thereof, by the register of deeds in whose 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 herein before prescribed to entitle conveyances to be recorded, specifying that such mortgage has been paid, or otherwise satisfied or discharged. neglect to dis SEC. 43. Every such certificate, and the proof or acknowledgment Certificate, &c. thereof, shall be recorded at full length, and a reference shall be made to be recorded. 1839, p. 219. 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. SEC. 44. If any mortgagee or his personal representative or assignee, Liability of mortas the case may be, after full performance of the condition of the gage, &c., for mortgage, whether before or after a breach thereof, shall, for the charge mortgage. 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 damages, and also for all actual damages occasioned by such neglect or refusal, to be recovered in an action on the case. 1839, p. 219. CHAPTER 66. OF ESTATES IN DOWER, BY THE CURTESY, AND GENERAL PROVISIONS Estates in Dower. to dower. SECTION 1. The widow of every deceased person, shall be entitled Widow entitled to dower, or the use during her natural life, of one-third part of all 10 Wind 420. 11 do 392. 1 Palge, 634. |