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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 sealing 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 ac or, or other presiding officer ofar incorporated town or city, who shall certify such acknowledgment on the same sheet on wbich 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 lestimony of some wit- officers and 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 bis name to such certificate.

Sec. 2. That when a husband and wife, she being eighteen Deeds by hus years of age or apwards, shali execute, within this State, any band and wife,

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of wrinius, for the couvey 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 wri. ting, shall be signed and sealed by the husband and wile; and guch 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.

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-vevance or in ledged and certified, in the mapper specified in the preceding cumbrance of sections of this act, in the case of deeds, mortgages and other as instruments of writing: and when the estate of the wise 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 sec. tion of this act.

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EXECUTION, Bc OF DEEDS

dirt attorner, erecuted by the husband and

contain the name of the wile, and shall
in the lands, tenements and hereditam
right of dower thereth, as fully ae

ecuted by her in personi Proride
Vile marro the sale and conveyance of an
ide power of at ment, wo suthorised to be sol

before roke such power of attorne,

in such linds, tenements a Remasakno to be shall be inoperative. nn

lands, tenements, or he

Sec. 3. That all de
Die ermum other instruments
to order Bates arance of any lands
androit it in this state.es
aber lams shall other State, Tem

of such State,
laws of this Si
State, in confo

May al dicted, mover

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de by virtue of any power For neglect or deed

wpancend and wife as aforesaid, shall misconduct in cor

the hun shall divest her of her estate office, shall be

reditaments so conveyed, or her liable to a suit on his bond

ally as if such conveyance were exerpin "Prorided, That at any time previous to

of any lapds, tenements or heredita. be sold and conveyed, the wise may reattorney, so far as relates to her interest ents or hereditaments; but such revocation

until recorded in the county wberein such or hereditaments are situated. fall deeds, mortgages, powers of attorney, and ents of writing, for the conveyance or incumlands, tenements or hereditaments, situate witb

executed and acknowledged, or proped in any te Territory or country, in conformity with the laws State, Territory or country, or in conformity with the this State, shall be as valıd as if executed within this in conformity with the foregoing provisions of this act,

6. That all powers of attorney authorizing the execu. on of any deed, mort age, or other instrument of writing, for

che sale, eonveyance or incumbrance, of any lands, tenements de bror bereditaments, in this State, shall be recorded in the office Therever of the recorder of the county in which such lands, tenements or

hereditaments are situated, previous to such sale, or the exe. cution 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 proto visions of this act, shall be recorded in the office of the recordlect 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 bave preference.

Sec. 8. That all other deeds and instraments of writing, for Other deeds to be the conveyance or incumbrance of any lands, tenements or here. recorded in six ditaments, executed agreeably to the foregoing provisions, shall

be so recorded within six months from the date thereof; and 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 Prgulao

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.

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

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to affect the validity of any lease of school or ministerial lands, Certain tempore for any term not exceeding ten years; or of any other lands, ?y leases not af

o fected by this act for any term not exceeding three years; or to require such lease to be attested, acknowledged, or recorded.

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.

Sec. 11. That all deeds, mortgages, and other instruments Deeds heretofore of writing, heretofore executed, in contormity with the provi- executed accord sions of the laws in force at the time of their execution, shall."

J ing to law, valid be as valid as if executed according to the provisions of this act.

Sec. 12. That the “Act to provide for the proof and acknow. ledgment of deeds, and other instruments of writing," passed February twenty-fourth, eighteen hundred and twenty; the act supplementary thereto, passed February fourth, eighteen hun. dred and twenty-eight; and the “Act providing for the record. ing of deeds, mortgages and other instruments of writing,” pass. ed 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.

Acts repealed

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 eleventi, eighteen bundred 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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to law, valid

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

o fected by this act for any term not exceeding three years; or to require such lease to be attested, acknowledged, or recorded.

Sec. 10. That all copies from the records of deeds, mortgages, Copies of recordis 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.

Sec. 11. That all deeds, mortgages, and other instruments Deeds heretofore of writing, heretofore executed, in contormity 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 Ac February twenty-fourth, eighteen hundred and twenty; the act supplementary thereto, passed February fourth, eighteen hun. dred and twenty-eight; and the “Act providing for the recording of deeds, mortgages and other instruments of writing,” pass. ed 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 Horise of Representatives.

SAMUEL R. MILLER,

Speaker of the Senate.
February 22, 1831.

repealed

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

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, shail be alike valid, and deemed sufficient.

Sec. 2. That the act defining seals to be affixed to instruments of writing, passed February eleventh, eighteen bundred 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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