knowledg where, in this state; which said acknowledgment or proof of deeds may take acand relinquishment of dower, shall have the same construction and ments, &c. effect, and be as good and available in law, as if such acknowledg-whether lands lie in ment or proof, and relinquishment of dower had been made before a their own judge of the circuit or county court, a clerk of the county court, or county or two justices of the peace; and for every certificate so made, the said clerk shall be entitled to a fee of fifty cents, to be paid by the party at whose instance the same was made. not. Notaries § 16. Any notary public of this state, may take and certify the . Sec. 2. acknowledgments or proofs of deeds, and relinquishments of dower, public to in any county for which he is commissioned, in like manner and form, have like as is now required by law, before judges of the circuit and county judges, &c. courts, clerks of the county courts, and two justices of the peace, and in taking shall be entitled to the like compensation." power with acknowledg ments. Acknow § 17. All acknowledgments of deeds, or proof of deeds of convey- Ib. Sec. 3. ance of real estate, and relinquishments of dower, which have been ledgments heretofore made before any clerk of any one of the circuit courts of heretofore this state, or any notary public, duly commissioned within the same, izd are hereby legalized and made valid, to all intents and purposes what ever. made, legal Sec. 3. before justi ces and § 18. Any deed or deeds of lands heretofore acknowledged or 1923-(8) proved before any justice of the peace, shall be valid and operative Deeds ac under the provisions of this act, and the same are hereby legalized: knowledged and any deed or deeds for lands heretofore acknowledged, or proved, before any justice of the peace, judge of the county court, or judge of judges, legalthe circuit court, shall be valid and operative: Provided, That nothing herein contained, shall be so construed as to prejudice the rights of persons not a party to any such deed or deeds. ized. Deeds void ser, unless after their § 19. Any deed or conveyance of lands, tenements, or hereditaments, Ib. Sec. 2. lying and being in this state, which shall be made and executed after against bona the passage of this act, shall be void and of no effect against a subse- fide purcha quent bona fide purchaser, or a mortgagee, for a valuable considera- recorded in tion, not having notice thereof, unless such deed or conveyance shall six months be acknowledged, or proved and certified, and lodged within six calen-execution. dar months after the time of signing, sealing, and delivering the same, with the clerk of the county court, in the county in which the said lands, tenements, or hereditaments are situated, to be recorded by the said clerk: Provided nevertheless, That such deed or conveyance Proviso. shall, as between the parties and their heirs, be valid and operative.1 1 The provisions of this section were enacted verbatim in the 7th section of an act entitled "An act respecting conveyances," passed March 4, 1803, except that the time limited for registration was twelve months. This continued in force until December 7, 1811, when the time was reduced to three months, the other provisions of the section remaining unaltered. The act requiring a registration within three months, was in force until December 9, 1823. Several acts have been passed, extending the time for registering deeds, as follows: December 20, 1820. Sec. 1. Any person or persons within this state, who have had deeds or conveyances of land executed to them, and have failed to have the same registered within the time prescribed by law, may within twelve months after the passage of this act, have the same registered in the manner the law prescribes, and a duly certified copy thereof shall be valid, and read in evidence in any court of law or equity in this state. December 9, 1823. Sec. 1. Any person or persons in this state, who have had a deed or deeds of land executed to them, and have failed to have the same registered and recorded, within the time prescribed by law, may within six months after the passage of this act, have the same registered and recorded, in the manner prescribed by law, and a duly certified copy thereof shall be valid, and read in evidence, in any court of law or equity in this state: Provided, The original deed cannot be obtained: And provided, That this act shall not be 1826--(9) again in 18 § 20. All deeds and conveyances of lands, tenements, and hereditaments, the record of which may have been, or may hereafter be de stroyed by any casualty, may again be entered of record within eighteen months thereafter. § 21. All deeds which have been recorded, or shall hereafter be recorded, after the time limited by law, shall be considered and taken in law and equity, as valid and effective from the time of their registration; provided that registration as herein allowed, shall not affect the valid thence. rights of creditors and purchasers, which have or shall have vested, in in law or equity, previous to such registration. Deeds recorded at any time, to be forth. 1803-(3) Sec. 9. Clerk of § 22. The clerk of the county court shall record in large wellbound books, of good paper, to be provided for that purpose, and careCounty court fully preserve, all deeds and conveyances of lands, tenements, and deeds deliv. hereditaments lying and being in said county, acknowledged or provered to him. ed, and certified to have been acknowledged or proved, in manner to record all Ib. Sec. 10. making re- Ib. Sec. 11. aforesaid, which shall be delivered to him to be recorded; to which books every person shall have access at proper seasons, and be entitled to transcripts from the same, on paying the fees allowed by law. § 23. It shall be the duty of the clerk to record in the said book, without delay, every such deed or conveyance, with the acknowledgments, proofs, and certificates, written on or under the same, and the plats of surveys, schedules and other papers therein referred to and annexed, by entering them word for word in a fair hand, and mentioning in the margin, or at the foot of such record, the day of the month, and the year, when the said deed or conveyance was delivered to him, or brought to his office to be recorded. § 24. The said clerk shall give a receipt to the person who shall receipt, &c. bring any such deed or conveyance, mentioning therein the time it was delivered to him, or brought to his office to be recorded, the date, the names of the parties to it, and the place where the lands, tenements, and hereditaments therein specified, are situated: the said clerk shall certify on or under such deed or conveyance, the day of the month and year, when he received it, and the name or number of the book and page or pages, in which it is recorded; and shall, when recorded, deliver it to the party entitled to it, or his order. Ib. Sec. 12. Penalty for neglect. § 25. If any clerk shall neglect or refuse to perform any service or duty required of him by this act, he shall for every neglect or refusal, so construed, as to interfere with the legal rights of individuals who may have been concerned in the purchase of such lands. January 9, 1826. Sec. 1. Any person or persons who may have failed to register his, her, or their deeds, grants, or other instruments of writing, required by law to be registered, within the terms prescribed by law, shall have the further time of twelve months to register the same: Provided, The said registration shall not operate to the prejudice of creditors or subsequent purchasers. January 24, 1829. Sec. 1. Any person or persons within this state, who have had deeds, or conveyances of lands executed to them, and have failed to have the same registered, within the time prescribed by law, may, within twelve months after the passage of this act, have the same registered in the manner the law prescribes; and a duly certified copy thereof shall be valid, and read in evidence in any court of law or equity in this state. January 10, 1831. Sec. 1. It shall be legal for any person or persons, who have failed to have deeds, which are required to be recorded, registered according to law, to have the same recorded at any time within eighteen months from the passage of this law. January 18, 1832. Sec. 1. It shall be lawful for any person or persons who have failed to have deeds and conveyances of real or personal estate recorded within the time prescribed by law, to have the same recorded within one year after the passage of this act: Provided, That such registration shall not affect the rights of creditors and purchasers, which have heretofore vested. forfeit and pay two hundred dollars; to be recovered with costs, by action of debt, to be brought in the name of the county treasurer, for the use of the county; and shall also be liable for all damages which the party aggrieved may have sustained by reason of the non-performance of such service or duty. Certified when the original is § 26. If the original deed or conveyance be lost or mislaid, or be Ib. Sec. 13. destroyed by time or accident, and not in the party's power to pro- transcript to duce, the record of such deed or conveyance, and the transcript of be evidence such record, certified to be a true transcript, by the said clerk in whose office the record is kept, shall be received in evidence, in any court lost. in this territory, and be as good and effectual, and available in law, as if the original deed or conveyance were then and there produced and proved. § 27. No record shall be removed by writ of subpoena, or other- Ib. Sec. 17. wise, before any court out of the county in which such record is Record not to kept, when a transcript thereof may be given in evidence. be removed out of county. perjury in re ments, &c. Estate of married wo 28. If any person shall forge any entry of the acknowledgments, Sec. 21. certificates, or endorsements, whereby the freehold or inheritance of Forgery and any man may be charged, he shall be liable to the penalties against lation to ac forgers of false deeds. And if any person shall perjure himself in knowledg any of the cases hereinabove mentioned, he shall incur the like penalties, as if the oath or affirmation had been in any court of record. § 29. No estate of a feme covert, in any lands, tenements, or here- Ib. Sec. 3. ditaments, lying and being in this territory, shall pass by her deed or conveyance, without a previous acknowledgment made by her on a men. private examination, apart from her husband, before one of the territorial judges, or one of the justices of the county court, that she signed, sealed, and delivered the same as her voluntary act and deed, freely, without any fear, threats, or compulsion of her husband, and a certificate thereof, written on or under the said deed or conveyance, and signed by the officer before whom it was made; and every deed or conveyance so executed and acknowledged by a feme covert, and certified as aforesaid, shall release and bar her right of dower, and be good and effectual to convey the lands, tenements, and hereditaments thereby intended to be conveyed: Provided, That this clause shall Under 21, not be construed to enable any feme covert under the age of twenty- vey. one years, to convey lands, tenements, or hereditaments, or any right of dower, interest, or estate therein. not to con Sec. 11. Wife may dower after § 30. It shall be lawful in such cases where deeds have been re- 1812—(13) corded and the feme covert hath not relinquished her right of dower in the same, for her to relinquish her right of the lands so deeded be- relinquish fore any judge or justice of the quorum of this territory, or any judge deed is reor justice of any court, or notary public of any other state or territo- corded. ry; and such officer, having previously examined her as required by law, shall certify the same under his hand, which certificate shall be recorded in the court, where the deed or deeds may have been recorded, which shall be deemed sufficient. Sec. 18. without at § 31. Every grant or conveyance of messuages, lands, tenements, 1803—(3) and hereditaments, or of rent, or of reversion, or remainder of mes- Grant &c. suages, lands, tenements, and hereditaments, shall be good and effec- effectual tual without attornment of the tenant; but no tenant who, before no- tornment of tice of such grant or conveyance, shall have paid the rent to the tenant. grantor, shall be prejudiced, or suffer any damage by such payment. 1 Relinquishments of dower may in general be made before the same officers that are authorized to take the probate of deeds. -See § 5, 10, 12, 13, 14, 15, 16, 17. Ib. Sec. 19. § 32. All warranties by any tenant for life, shall be void against those Warranties. in remainder or reversion. Ib. Sec. 20. covenant. § 33. In all deeds to be recorded in pursuance of this act, whereby shall amount any estate of inheritance in fee simple, shall hereafter be limited to to an express the grantor or his heirs, the words, grant, bargain, sell, shall be adjudged an express covenant to the grantee, his heirs and assigns, to wit: that the grantor was seized of an indefeasible estate in fee simple, freed from incumbrances, done or suffered from the grantor, (except the rents and services that may be reserved) as also for quiet enjoyment against the grantor, his heirs and assigns; unless limited in express words contained in such deed and the grantee, his heirs, executors, administrators, and assigns, may in any action, assign breaches, as if such covenants were expressly inserted: Provided always, That this law shall not extend to leases at rack-rent, or to leases not exceeding one-and-twenty years, where the actual possession goes with the lease. Ib. Sec. 22. Discharge of mortgage. § 34. Any mortgagee of any real or personal estate, in this territory, having received full satisfaction and payment of all such sum or sums of money as are really due to him by such mortgagor, shall, at the request of the mortgagor, enter satisfaction upon the margin of the record of such mortgage, recorded in the said office, which shall forever thereafter, discharge, defeat, and release the same; and shall likewise bar all actions brought, or to be brought thereupon. And if Penalty for such mortgagee, by himself or his attorney, shall not within three months after request, and tender made for his reasonable charges, repair to the said office, and there make such acknowledgment as aforesaid, he or she neglecting so to do, shall for every such offence forfeit and pay unto the party or parties aggrieved, any sum not exceeding the mortgage money; to be recovered in any court of record, by bill, plaint, or information. not render ing satisfaction. 1812 (13) Sec. 5. Deeds to con vey fee simple, if less estate be not expressly li mited. Ib. Sec. 7. Contingent remainders to vest in posthumous heirs, with out prece Ib. Sec. 8. livery of seisin. § 35. Every estate in land, which shall be hereafter granted, conveyed, or devised, although words heretofore necessary to transfer an estate of inheritance be not added, shall be deemed a fee simple, if a less estate be not limited by express words. § 36. Where an estate hath been, or shall be by any conveyance, limited in remainder to the son or daughter, or to the use of the son or daughter, of any person, to be begotten, such son or daughter, born after the decease of his or her father, shall take the estate in the same manner as if he or she had been born in the lifetime of the father, although no estate shall have been conveyed to support the contingent remainder after his death. § 37. In all cases by deed of bargain and sale, or by deeds of lease valent to fe- and release, or by covenant to stand seized to use, or by deed operaoffiment with ting by way of covenant to stand seized to use, the possession of the bargainor, releasor, or covenantor, shall be deemed heretofore to have been, and hereafter to be transferred to the bargainee, releasee, or person entitled to the use of the estate, or interest which such person hath, or shall have, in the use, as perfectly as if such bargainee, releasee, or person entitled to the use had been enfeoffed with livery of seisin, of the land intended to be conveyed by the said deed or cove Ib. Sec. 9. dower allow. for use. nant. § 38. Where any person to whose use, or in trust for whose beneCurtesy and fit, another is or shall be seised of lands, tenements, or hereditaments, ed in estates hath, or shall have such inheritance in the use, or trust, as that if it had been a legal right, the husband or wife of such person would thereof have been entitled to curtesy or dower, such husband or wife shall have and hold, and may by the remedy proper in similar cases, recover curtesy or dower of such lands, tenements, or hereditaments. lands and their condi § 39. Every estate in lands or slaves, which now is, or shall here- r. Sec. 10. after be created an estate in fee tail, shall from henceforth be an estate Fee-tails in in fee simple, and the same shall be discharged of the conditions an- slaves disnexed thereto by the common law, restraining alienations before the charged of donee shall have issue, so that the donee, or person in whom the con- tion. ditional fee is vested, or shall vest, shall have the same power over the said estates, as if they were pure and absolute fees: Provided, That Exception. any person may make a conveyance or demise of lands, to a succession of donees then living, and the heir or heirs of the body of the remain der-man, and default thereof, to the right heirs of the donor in fee simple. Sec. 1. enforce bond cutor or ad § 40. Where any person owning lands or tenements, shall sell the 1812 (17) same, and enter into bond or obligation to make titles thereto, and shall Orphans' depart this life without having made titles, in that case, the person to court may whom such bond or obligation was given, his executors or adminis- for titles, trators, may petition the orphans' court of the county where probate against exe of the will of such deceased person was taken, or letters of adminis- ministrator. tration granted, to compel the executors or administrators to make titles, agreeably to the bond or obligation given by the decedent; and it shall be the duty of such court to cause their clerk or register, to cause notice of such petition to be published in some newspaper in this territory, once a month for at least three months, when the court may, if they find that the said contract was fairly made, order the executor or administrator to make titles as such, to the lands or tenements sold by their testator or intestate; and any executor or administrator refusing to comply with such order, may by such court be imprisoned for the contempt, until they will comply with the order of such court: Provided, That any person dissatisfied with the sentence Party dissat or order of the court, on any petition as aforesaid, may take an appeal appeal. to the superior court, as in other testamentary cases. (1) GRANTS BY THE STATE. isfied may Sec. 1. § 41. For the conveyance or transfer of the right of lands, town lots, 1821—(19) or other real estate in fee simple, belonging to this state, to any person To be by paor persons, company, body politic, or corporation, a patent shall tent under issue with the great seal of the state, signed by the governor, and the state. attested by the secretary of state. the seal of What evi the issuance § 42. All purchasers of lands, town lots, or any real estate belong- Ib. Sec. 2. ing to this state, their heirs, legal representatives, or assigns, may dence will receive a patent for the same, upon his, her, or their producing to the authorize secretary of state, a certificate or receipt signed by the treasurer of of a patent. this state, that the said purchaser or purchasers, their heirs, legal representatives, or assigns, have satisfied or paid into the treasury of this state, the legal amount due for such land, town lot, or other real estate; and it shall be the duty of the governor, forthwith to issue a patent to the said purchaser or purchasers, their heirs, legal representatives or assigns, upon the production of the certificate or receipt as aforesaid. § 43. It shall be the duty of the secretary of state, to record in a Ib. Sec. 3. strong-bound book, to be kept for that purpose, all grants and patents, Patent to be "recorded by (1) The orphans' court cannot compel the executor or administrator to make titles, unless the testator or intestate owned the land at the time he contracted to convey; nor unless his agreement was under seal.—Simpson's Administrator v. Simpson, Min. Rep. 33. |
