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mortgage, or other instrument of writing, by which any land, tenement or hereditament, shall be conveyed, or otherwise af fected or incumbered in law, such deed, mortgage, or other instrument of writing, shall be signed and sealed by the grantor or grantors, maker or makers, or such signing and sealing shall be acknowledged by such grantor or maker in the presence of two witnesses, who shall attest such signing and sealing, and subscribe their names to such attestation; and such signing and scaling shall also be acknowledged by such grantor or grantors, maker or makers, before a judge of the supreme court or of the What officer court of common pleas, a justice of the peace, notary public, may-may take knowledgment or, or other presiding officer of ar. incorporated town or city, who shall certify such acknowledgment on the same sheet on which such deed, mortgage, or other instrument of writing may be printed or written; and shall also certify that he is satisfied, Certificate of the from personal knowledge, or from the testimony of some wit. officer ness, (naming him) that the person or persons making such acknowledgment is, or are, the person or persons whom they represent themselves to be; and shall subscribe his name to such certificate.

how executed

ac

Sec. 2. That when a husband and wife, she being eighteen Deeds by hus years of age or upwards, shall execute, within this State, any band and wife, deed, mortgage, or other instrument of writing, for the convey-and acknowledg ance or incumbrance of the estate of the wife, or her right of ed dower in any land, tenement or hereditament, situate within this State; such deed, mortgage, or other instrument of writing, shall be signed and sealed by the husband and wife; and such signing and sealing shall be attested and acknowledged, in the manner prescribed in the first section of this act: and in addition thereto, the officer before whom such acknowledgment shall be made, shall examine the wife, separate and apart from Separate examin her husband, and shall read, or otherwise make known to her, ation of the wife the contents of such deed, mortgage, or other instrument of writing: and if, upon such separate examination, she shall declare that she did voluntarily sign, seal, and acknowledge the same, and that she is still satisfied therewith, such officer shall certify such examination and declaration of the wife, together with the acknowledgment, as aforesaid, on such deed, mortgage, or other instrument of writing, and subscribe his name thereto.

veyance or in

ecuted in the

Sec. 3. That all powers of attorney authorizing the mortgaging, or sale and conveyance, of any lands, tenements or heredi- Powers of attor taments, in this State, shall be signed, sealed, attested, acknow-ney for the con ledged and certified, in the manner specified in the preceding cumbrance of sections of this act, in the case of deeds, mortgages and other lands, to be ex instruments of writing: and when the estate of the wife is to be manner of deeds conveyed by attorney, or her right of dower in any lands, tenements or hereditaments, relinquished, she shall join her husband in the execution of the power of attorney for that purpose; and such power shall be executed, attested, and acknowledged, in all respects, in conformity with the provisions of the second section of this act.

May al

dicted, move fice,

death

over
Se

For neglect or deed

misconduct in

office, shall be liable to a suit

on his bond

EXECUTION, &c. OF DEEDS

Sec. 4. That the converance made by virtue of any power of wile of attorney, executed by the husband and wife as aforesaid, shall contain the name of the wife, and shall divest her of her estate

[graphic]

hereditaments so conveyed, or her as if such conveyance were exfully Provided, That at any time previous to

voke power of at ments, so authorised to be sold and conveyed, the wife may reWife may to the sale and conveyance of any lands, tenements or heredita

so far as relates to her interest hereditaments; but such revocation

hereditaments are situated.

Revocation to be shall be inoperative, until recorded in the county wherein such Sec. 5. That all deeds, mortgages, powers of attorney, and Denis execund other instruments of writing, for the conveyance or incumIn other States brance of any lands, tenements or hereditaments, situate withconformity with in this State, executed and acknowledged, or proved in any

and countries in

Cheir law be valid

or

shall other State, Territory or country, in conformity with the laws laws of this State, shall be as valid as if executed within this of such state, Territory or country, or in conformity with the State, in conformity with the foregoing provisions of this act. Sec. 6. That all powers of attorney authorizing the execu

Power of a tion of any deed, mortgage, or other instrument of writing, for er to be record the sale, eonveyance or incumbrance, of any lands, tenements

ed bevore sale by virtue thereof

the time of re cording

bereditaments, in this State, shall be recorded in the office of the recorder of the county in which such lands, tenements or hereditaments are situated, previous to such sale, or the execution of such deed, mortgage, or other instrument of writing, by virtue of such power of attorney.

Sec. 7. That all mortgages executed agreeably to the proMortgages to Visions of this act, shall be recorded in the office of the recordake effect from er of the county in which such mortgaged premises are situated, and shall take effect from the time when the same are recorded; and if two or more mortgages are presented for record on the same day, they shall take effect from the order of presentation for record: the first presented, shall be the first recorded; and the first recorded, shall have preference.

months

sidered

Sec. 8. That all other deeds and instruments of writing, for Other deeds to be the conveyance or incumbrance of any lands, tenements or hererecorded in six ditaments, executed agreeably to the foregoing provisions, shall be so recorded within six months from the date thereof; and if If not recorded such deed or other instrument of writing, shall not be so recordin time, how con ed within the time herein prescribed, the same shall be deemed fraudulent, so far as relates to any subsequent bona fide purchaser, having, at the time of making such purchase, no knowledge of the existence of such former deed, or other instrument of writing: Provided, That such deed or other instrument of writing, may be recorded after the expiration of the time herein prescribed, and, from the date of such record, shall be notice to any subsequent purchaser.

Proviso

Sec. 9. That nothing in this act contained shall be construed

to affect the validity of any lease of school or ministerial lands, certain tempora for any term not exceeding ten years; or of any other lands, ry leases not af for any term not exceeding three years; or to require such lease to be attested, acknowledged, or recorded.

fected by this act

Sec. 10. That all copies from the records of deeds, mortgages, Copies of records or other instruments of writing, duly certified by the county evidence recorder, with his official seal affixed thereto, shall be received in all courts and places within this State, as prima facie evidence of the existence of such deeds, mortgages and other instruments of writing, and as conclusive evidence of the existence of such records.

ing to law, valid

Acts repealed

Sec. 11. That all deeds, mortgages, and other instruments Deeds heretofore of writing, heretofore executed, in conformity with the provi- executed accord sions of the laws in force at the time of their execution, shall be as valid as if executed according to the provisions of this act. Sec. 12. That the "Act to provide for the proof and acknowledgment of deeds, and other instruments of writing," passed February twenty-fourth, eighteen hundred and twenty; the act supplementary thereto, passed February fourth, eighteen hundred and twenty-eight; and the "Act providing for the recording of deeds, mortgages and other instruments of writing," passed February the eighth, eighteen hundred and ten; be, and the same are hereby repealed.

This act to take effect and be in force from and after the first day of June next.

JAMES M. BELL,
Speaker of the House of Representatives.

SAMUEL R. MILLER,

February 22, 1831.

Speaker of the Senate.

AN ACT concerning seals to be affixed to instruments of writing.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That in all cases where a seal is or may be required by law to be affixed to any instrument of writing, and the seal so required is not specific, a seal either of wax, wafer or of ink, commonly called a scrawl seal, shall be alike valid, and deemed sufficient.

Sec. 2. That the act defining seals to be affixed to instruments of writing, passed February eleventh, eighteen hundred and five, be, and the same is hereby repealed.

JAMES M. BELL,

Speaker of the House of Representatives.
SAMUEL R. MILLER,

February 3, 1831.

Speaker of the Senate

by attorney

Sec. 4. That the conveyance made by virtue of any power Interest of wife of attorney, executed by the husband and wife as atoresaid, shall may be divested contain the name of the wife, and shall divest her of her estate in the lands, tenements and hereditaments so conveyed, or her right of dower therein, as fully as if such conveyance were executed by her in person: Provided, That at any time previous to the sale and conveyance of any lands, tenements or hereditavoke power of at ments, so authorized to be sold and conveyed, the wife may revoke such power of attorney, so far as relates to her interest in such lands, tenements or hereditaments; but such revocation Revocation to be shall be inoperative, until recorded in the county wherein such lands, tenements, or hereditaments are situated.

Wife may re

torney before sale

recorded

and countries in.

conformity with

be valid

Sec. 5. That all deeds, mortgages, powers of attorney, and Deeds executed other instruments of writing, for the conveyance or incumin other States brance of any lands, tenements or hereditaments, situate within this State, executed and acknowledged, or proved in any their laws, shall other State, Territory or country, in conformity with the laws of such State, Territory or country, or in conformity with the laws of this State, shall be as valid as if executed within this State, in conformity with the foregoing provisions of this act. Sec. 6. That all powers of attorney authorizing the execu Powers of attor tion of any deed, mortgage, or other instrument of writing, for ney to be record the sale, eonveyance or incumbrance, of any lands, tenements virtue thereof or hereditaments, in this State, shall be recorded in the office

ed before sale by

the time of re cording

of the recorder of the county in which such lands, tenements or hereditaments are situated, previous to such sale, or the execution of such deed, mortgage, or other instrument of writing, by virtue of such power of attorney.

Sec. 7. That all mortgages executed agreeably to the proMortgages to visions of this act, shall be recorded in the office of the recordtake effect from er of the county in which such mortgaged premises are situated, and shall take effect from the time when the same are recorded; and if two or more mortgages are presented for record on the same day, they shall take effect from the order of presentation for record: the first presented, shall be the first recorded; and the first recorded, shall have preference.

months

If not recorded

sidered

Sec. 8. That all other deeds and instruments of writing, for Other deeds to be the conveyance or incumbrance of any lands, tenements or hererecorded in six ditaments, executed agreeably to the foregoing provisions, shall be so recorded within six months from the date thereof; and if such deed or other instrument of writing, shall not be so recordin time, how con ed within the time herein prescribed, the same shall be deemed fraudulent, so far as relates to any subsequent bona fide purchaser, having, at the time of making such purchase, no knowledge of the existence of such former deed, or other instrument of writing: Provided, That such deed or other instrument of writing, may be recorded after the expiration of the time herein prescribed, and, from the date of such record, shall be notice to any subsequent purchaser.

Proviso

Sec. 9. That nothing in this act contained shall be construed

to affect the validity of any lease of school or ministerial lands, Certain tempora for any term not exceeding ten years; or of any other lands, ry leases not af for any term not exceeding three years; or to require such lease to be attested, acknowledged, or recorded.

fected by this act

Sec. 10. That all copies from the records of deeds, mortgages, Copies of records or other instruments of writing, duly certified by the county evidence recorder, with his official seal affixed thereto, shall be received in all courts and places within this State, as prima facie evidence of the existence of such deeds, mortgages and other instruments of writing, and as conclusive evidence of the existence of such records.

ing to law, valid

Sec. 11. That all deeds, mortgages, and other instruments Deeds heretofore of writing, heretofore executed, in conformity with the provi- executed accord sions of the laws in force at the time of their execution, shall be as valid as if executed according to the provisions of this act. Sec. 12. That the "Act to provide for the proof and acknowledgment of deeds, and other instruments of writing," passed Acts repealed February twenty-fourth, eighteen hundred and twenty; the act supplementary thereto, passed February fourth, eighteen hundred and twenty-eight; and the "Act providing for the recording of deeds, mortgages and other instruments of writing," passed February the eighth, eighteen hundred and ten; be, and the same are hereby repealed.

This act to take effect and be in force from and after the first day of June next.

JAMES M. BELL,
Speaker of the House of Representatives.

SAMUEL R. MILLER,
Speaker of the Senate.

February 22, 1831.

AN ACT concerning seals to be affixed to instruments of writing.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That in all cases where a seal is or may be required by law to be affixed to any instrument of writing, and the seal so required is not specific, a seal either of wax, wafer or of ink, commonly called a scrawl seal, shall be alike valid, and deemed sufficient.

Sec. 2. That the act defining seals to be affixed to instruments of writing, passed February eleventh, eighteen hundred and five, be, and the same is hereby repealed.

JAMES M. BELL,
Speaker of the House of Representatives.

SAMUEL R. MILLER,

Speaker of the Senate

February 3, 1831.

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