Powers of attorney for conveyance of lands to such deed or writing, is a subscribing witness thereto, and thereupon such officer shall examine such subscribing witness upon oath or affirmation, and shall reduce his testimony to writing, and require the said witness to subscribe the same, indorsed upon or attached to such deed or other writing, and shall thereupon grant a certificate that such witness was personally known, or was proved to him by the testimony of at least one witness (who shall be named in such certificate) to be a subscribing witness to the deed or instrument of writing to be proved; that such subscribing witness was lawfully sworn and examined by him, and his testimony by him, the said officer, reduced to writing, and by said subscribing witness subscribed in his presence; and if by the said testimony it shall appear that such witness saw the person whose name is subscribed to such instrument of writing, sign, seal and deliver the same, or that such person afterwards acknowledged the same to the said witness to be his free and voluntary act or deed, and that such witness subscribed the said deed or instrument of writing in attestation thereof, in the presence and with the consent of the person so executing the same, such proof if attested and the authority of the officer to take the same, duly proved in the same manner as required in the case of an acknowledgment, shall have the same force and effect as an acknowledgment of said deed or instrument of writing by the person or persons executing the same, and duly certified. When any such deed or instrument of writing has heretofore or shall hereafter be executed and recorded without due proof, attestation or acknowledgment, as required by law, a certified copy from such record may be proved or acknowledged in the same manner and with like effect as the original thereof, but no person shall be admitted to use such certified' copy so proved, as evidence, except upon satisfactory proof that the original thereof hath been lost or destroyed, or is beyond his power to produce. 175. SEC. 16. SEC. 16. Powers of attorney for the conveying, be acknowledged leasing or releasing of any lands, tenements or hereditaments, or any interest therein may be acknowledged and proved in the same manner as deeds. and proved in same manner as deeds. be recorded, and to third persons, from date of filing for record. 176. SEC. 17. All deeds, conveyances, agreements in Deeds, etc., to writing of, of affecting title to real estate or any interest to be in force as therein, and powers of attorney for the conveyance of any real estate or any interest therein, may be recorded in the office of the recorder of the county wherein such real estate is situated, and from and after the filing thereof for record in such office and not before, such deeds, bonds and agreements in writing shall take effect as to subsequent bona fide purchasers and encumbrancers by mortgage, judgment or otherwise not having notice thereof. of acknowledged or ance with laws of this state, to be evidence without proof of execution. 177. SEC. 18. All such deeds, bonds, agreements and Deeds, etc., powers of attorney acknowledged or proved in accordance proved in accordwith this chapter, or acknowledged, attested or proved in accordance with the laws of this state, or the local laws the mining district wherein such real estate is situate, in force at the date of such acknowedgment, attestation or proof may be read in evidence, without, in the first instance additional proof of the execution thereof, and the record of any such deed, bond, agreement or power of attorney, whether an original record of any mining district, or a copy thereof deposited in the recorder's office of any county, in accordance with the laws of this state, (as a part of the records of such mining district) or a record of such recorder's office, when the same appears by such record to be properly acknowledged, attested or proved in accord- etc., or transance with the laws of this state or of the proper mining record, to be district, in force at the date of such acknowledgment, original. attestation or proof, or a transcript from any such record, certified by the recorder of the proper county, where such deed, bond, agreement, or power of attorney ought by law to be of record, may, upon affidavit of the party desiring to use the same, that the original thereof is not in his possession or power to produce, be read in evidence with like effect as the original of such deed, bond or power of attorney, properly acknowledged, attested or proved as aforesaid. 178. SEC. 19. Deeds, bonds, and agreements in writing, for the conveyance or encumbering of real estate, or any interest therein, shall be deemed from the time of being filed for record, notice to subsequent purchasers or encum Record of deeds, cript of such evidence in case of loss of Deeds, etc., though not acknowledged, brancers, though not acknowledged or proven according to law, but neither the same, nor the record thereof, shall notice to subse- be read as evidence, unless subsequently acknowledged or deemed to be quent encum brancers, but not to be used in evidence unless subsequently acknowledged or proved. A sworn tran lation of deed executed and acknowledged in foreign language, attached evidence. proved according to law, or unless their execution be otherwise approved in the manner required by the rules of evidence applicable to such writings, so as to supply the defects of such acknowledgment or proof; this section shall apply as well to all such deeds, bonds and other writings heretofore recorded, as to those hereafter to be recorded. 179. SEC. 20. Deeds, bonds, agreements in writing, and powers of attorney for the conveyance of lands, or any interest therein, or affecting the title thereto, executed in thereto, shall be any foreign country, and the acknowledgment or proof of execution thereof executed, heard, taken and certified in the language of such foreign country, and a translation thereof into the English language, and thereto attached, by any person learned in the language of such foreign country, and by such person sworn to be a true and correct translation thereof, before any officer or court authorized to take the acknowledgment of deeds, shall entitle such deed, bond, agreement or power of attorney, and the certificate of acknowledgment or proof thereof to be read in evidence, and recorded with like effect, as if written in the English language; but such translation shall not be conclusive upon any party desiring to question the correctness thereof. No such deed or other writing shall be entitled to record unless accompanied by such sworn translation. Certificate of acknowledgement to be endorsed on, or 180: SEC. 21. Every certificate of the acknowledgment, or proof of any deed, bond, agreement, power of attached to deed. attorney or other writing for the conveyance of real estate or any interest therein, or affecting title thereto, shall be subscribed by the officer certifying the same, with his proper hand, and shall be indorsed upon or attached to such deed or other writing. How counties and cities may convey real estate. 181. SEC. 22. The board of county commissioners of any county, or the common council of any city, may by order, to be entered of record among the proceedings of such board or council, appoint a commissioner to sell and convey any real estate belonging to such city or county, and to affix to any conveyance thereof the seal of such city or county; and such conveyance executed in accordance with such order shall have the effect to transfer to the grantee named, all the estate of such county or city in the real estate so conveyed. corporations may convey real estate. 182. SEC. 23. Private corporations authorized by law How private to convey any of their real estate, may convey the same in the manner authorized by this chapter, or by deed under their common seal, subscribed by their president or other head officer. Covenant, how ried woman. 183. SEC. 24. No covenant expressed or implied in the deed of any married woman shall have any effect to far to bind marbind such married woman, or her heirs, save so far as to pass to the purchaser named therein all her present estate in the real estate therein described, thereby expressed to be conveyed. Deed of sheriff or other officer, to be acknowledged as other Successor of deeds for lands predecessor. 184. SEC. 25. Deeds executed, or which may hereafter be executed by any sheriff or other officer for real estate sold upon execution, or pursuant to the decree or deeds. order of any court, shall be acknowledged or proved, and admitted to record in like manner and with like effect as other deeds. The successor in office of any sheriff or sheriff to execute other officer, shall have authority to execute deeds for real sold by his estate sold by his predecessor upon execution at law, or the judgment, order or decree of any court of equity. 185. SEC. 26. The terms "land," and "real estate," as The terms used in this chapter, shall be construed as co-extensive in "land," "real" meaning with the terms "lands, tenements and heredita-d ments," and as embracing mining claims and other claims, and chattels real. The term "deed" includes mortgages, leases, releases and every conveyance or encumbrance under seal estate," and deed," con When county 186. SEC. 27. Whenever any county has been, or hereafter shall be divided, and a portion of the territory divided, how thereof erected into a new county, or added to some other cribed; certified records trans copies of transcribed recordst county, the board of commissioners of such new county, be evidence. or of the county to which such territory is added, may at the expense of their own county procure to be transcribed from the records of the county to which such territory was Commissioners of deeds, how powers. originally attached, copies of all deeds, bonds, agreements, powers of attorney, and other writings conveying or affecting title to any real estate situate within the territory so separated, and for this purpose the person whom such board may appoint, shall have free access at all reasonable times to the records of the original county. Such records shall be transcribed into a suitable, well-bound book, and the person transcribing the same shall affix thereto at the end of all such transcripts his affidavit that the same were by him transcribed from the records of such original county, and are true, correct, and examined copies of such records. Such book of transcribed records shall be deposited in the office of the recorder of the new county, or of the county to which such territory is assigned, as a part of the records thereof; and such transcribed records or copies therefrom, certified by the recorder in whose office the same are deposited, shall have the same effect as evidence as the original records of such deeds, bonds, agreements, powers of attorney, and other writings. 187. SEC. 28. The governor of this state may appoint appointed, and and commission, in any state or territory of the United States, one or more commissioners, to continue in office during the pleasure of the governor, who shall have power to administer oaths and to take depositions, and the proof and acknowledgement of deeds, or other instruments to be used or recorded in this state. Oath of commissioner and impression of seal to be filed with secretary of state. Not so construed as to embrace wills, etc. 188. SEC. 29. Before any such commissioner shall proceed to discharge any of the duties of his said appointment, he shall take and subscribe an oath before some officer authorized to administer oaths, in the state or territory for which he is appointed, that he will faithfully discharge the duties of his said appointment, which oath, together with an impression in wax of his seal of office, shall be filed in the office of the secretary of this state. 189. SEC. 30. This chapter shall not be so construed as to embrace last wills and testaments. Section 17, of Chapter XVII, Revised Statutes, Conveyances, repealed by act of February 12, 1874. |