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therein, the premises mortgaged must be sold without appraisement, in case of foreclosure and sale thereunder, and in such case no order for such sale shall issue for six months after the date of judgment.

SECTION 41. A warranty deed to real estate may Form of deed. be substantially in the following form, to-wit:

Know all men by these Presents:


ation of the sum of

part of the first part, in consider

............. Dollars, in hand paid, the


receipt of which is hereby acknowledged, do hereby
grant, bargain, sell and convey unto
following described real property and premises, sit-
uate in
County, Territory of Oklahoma,
together with all the improve-

ments thereon and the appurtenances thereunto
belonging, and warrant the title to the same.

To have and to hold said described premises unto the said part of the second part, heirs and assigns forever, free, clear and discharged of and from all former grants, charges, taxes, judgments, mortgages and other liens and encumbrances of whatsoever nature;

Signed and delivered this


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form of war


SECTION 42. A quit claim deed to real estate may Difference in be substantially the same as a warranty deed, with ranty and the word "quit claim" inserted in connection with the quit-claim words, do hereby grant, bargain, sell and convey," as follows: "Do hereby quit claim, grant, bargain, sell and convey," and by omitting the words, "and warrant the title to the same."

ments must

by corpora

SECTION 43. Every deed or other instrument af- How instrufecting real estate, made by a corporation, must have be executed the name of such corporation subscribed thereto either tions. by an attorney in fact or by the president or a vice president of such corporation, and when made by a public corporation the name of such corporation must be subscribed by the chief officer thereof.

rate seal


SECTION 44. Every deed, or other instrument af- when corpofecting real estate, executed by a corporation, except must be atwhen executed by an attorney in fact, must be attested by the secretary or clerk of such corporation with the corporate seal attached.

Form of acknowledgment by corporation.

Instruments executed

act not af


SECTION 45. Every deed or other instrument affecting real estate, executed by a corporation, must be acknowledged by the officer or person subscribing the name of the corporation thereto, which acknowledgment must be substantially in the following form, towit:

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Before me, a tory, on this peared to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as its (attorney in fact, president, vice president, or mayor, as the case may be) and acknowledged to me that he executed executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation, for the uses and purposes therein set forth.

in and for said county and Terriday of 189..., personally ap

SECTION 46. Article one, of chapter twenty-one, prior to this entitled, "Conveyances," and chapter eighty-two, entitled, "Transfers," of the statutes of 1893, and all other acts and parts of acts in conflict herewith, are hereby repealed: Provided, That the passage of this act shall not affect any mortgage, deed, lease, or other instrument of conveyance executed or made prior to its passage and approval.

SECTION 47. This act shall be in force from and after May 1, 1897.

Approved March 12, 1897.

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AN ACT to incorporate The Sisters of Mercy of. St. Mary's Academy of
Sacred Heart, Oklahoma Territory.

Be it enacted by the Legislative Assembly of the Territory
of Oklahoma:

ing St. Mary's

defining its.


SECTION 1. That the Sisters of Mercy of St. Mary's IncorporatAcademy of Sacred Heart, and their successors, are Academy and hereby constituted a body corporate and politic, with rights and succession, for ninety-nine years, under the corporate name and style of The Sisters of Mercy of St. Mary's Academy of Sacred Heart, Oklahoma Territory; shall have power to make contracts and to sue and be sued, and shall have a common seal, and shall have full power to form such constitutions and bylaws or such rules and regulations as may be necessary and needful for the government of said Academy, and to promote proper discipline, education and learning therein, and to provide for the selection of a superior or directors or other officers therein, at any time; also power to use and preserve their property, real, personal and mixed, and to have, hold and enjoy the same, which may be at any time given, donated, granted, sold or bequeathed to the said Sisters, or said Academy for the use thereof, and to sell, mortgage or pledge the same for the benefit of said Academy, or for the use thereof, and finally to do and perform all other things that may be proper to be done for the advancement of learning, and the interests and objects of the said corporation; but nothing shall be allowed contrary to the constitution and laws of this Territory. And said Sisters of Mercy of St. Mary's

Property to certain

amount exempt from taxation.

Academy shall have full power to establish branch academies in the Territory of Oklahoma and Indian Territory as well, which said branch academies shall be a part of and subject to and entirely under the government and management of said St. Mary's Academy of Sacred Heart.

SECTION 2. Real estate not exceeding the amount such institutions are by law allowed to own, with the buildings and property therein, books, apparatus, and whatever else may be used to carry on said Academy, shall be exempt from all taxation, territorial, county, municipal and special, during the existence of this charter.

SECTION 3. This act shall be judicially noticed without pleading, and shall be in force from its passage.

Approved March 12, 1897.

Recognizances, stipu

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AN ACT relative to recognizances, stipulations, bonds and undertakings, and to allow certain corporations to be accepted as sureties thereon.

Be it Enacted by the Legislative Assembly of the Territory of Oklahoma:

SECTION 1. That whenever any recognizances, lations, bonds stipulation, bond, or undertaking conditioned for the takings may faithful performance of any duty, or for the doing or

and under

be guaranteed by

surety company: same

refraining from doing anything in such recognizances, stipulation, bond or undertaking specified, is


by law of the Territory of Oklahoma required or per- to be ap-
mitted to be given with one surety, or with two or
more sureties, the execution of the same or the guar-
anteeing of the performance of the conditions thereof
shall be sufficient when executed or guaranteed solely
by a corporation incorporated under the laws of the
United States, or of any state, having power to guar-
antee the fidelity of persons holding positions of pub-
lic or private trust, and to execute and guarantee
bonds and undertakings in judicial proceedings: Pro-
vided, That such recognizances, stipulation, bond or
undertaking be approved by the head of department,
court, judge, officer, board or body executive, legisla-
tive or judicial, required to approve or execute the


panies before

ness must

in this

SECTION 2. That no such company shall do busi- Surety comness under provisions of this act, until it shall, by doing busiwritten power of attorney, appoint some person re-appoint agent siding within the Territory, who shall be a citizen of Territory. the Territory of Oklahoma, as its agent, upon whom may be served all lawful process against such company, and who shall be authorized to enter any appearance in its behalf; a copy of such power of attorney, duly certified and authenticated, shall be filed with the Attorney General of the Territory of Oklahoma, which copy, or certified copy thereof, shall be legal evidence in all controversies arising under this act. If any such agent shall remove, resign or die, become insane, or otherwise incapable to act, it shall be the duty of such company to appoint another agent in his place as hereinbefore prescribed, and until such appointment shall have been made, or during the absence of any agent, or any such company from the Territory, service of process may be made upon the Attorney General of the Territory with like effect as upon the agent appointed by the company. The officer executing such process upon such agent, or upon the Attorney General, shall immediately transmit a copy thereof, by mail, to the company, and state such fact in his return. A judgment, decree or order of the court entered or made after service of process as aforesaid, shall be as valid and binding on such company in all courts of record in the Territory of Okla

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