States of their territories, or the District of Columbia, in conformity with the laws of such State, territory or District: Provided, That any clerk of a court of record, within such State, territory or District, shall, under his hand and the seal of such court, certify that such deed or instrument is executed and acknowledged or proved in conformity with the laws of such State, territory or District: Third, when acknowledged or proven without the United States, before any court of any republic, State, kingdom or empire, having a seal, or any mayor or chief officer of any city or town, having a seal, or before any officer authorized by the laws of such foreign country, to take acknowledgments of conveyances of real estate, if he have a seal, such deed to be attested by the official seal of such court or officer; and in case such acknowledgment is taken other than before a court of record, or mayor, or chief officer of a town having a seal, proof that the officer taking such acknowledgment was duly authorized by the laws of his country to do So, shall accompany the certificate of such acknowledgment.

SEC. 17. When any husband and wife residing in this State, shall wish to convey the real estate of the wife, it shall and may be lawful for the said husband and wife, she being above the age of eighteen years, to execute any grant, bargain, sale, lease, release, feoffment, deed, conveyance or assurance, in law whatsoever, for the conveying of such lands, tenements and hereditaments; and if, after the executing thereof, such wife shall appear before some judge or other officer, authorized by this chapter to take acknowledgments, to whom she is known, or proved by a credible witness to be the person who executed such deed or conveyance, such judge or other officer shall make her acquainted with, and explain to her the contents of such deed or conveyance, and examine her separate and apart from her husband, whether she executed the same voluntarily, freely, and without compulsion of her said husband; and if such woman shall, upon such examination, acknowledge such deed or conveyance to be her act and deed, that she executed the same voluntarily and freely, and without compulsion of her husband, and does not wish to retract, the said judge or other officer shall make a certificate indorsed on, or annexed to such deed or conveyance, stating that such woman was personally known to the said judge or other officer, or proved by a witness, (naming him,) to be the person who subscribed such deed or conveyance and setting forth the examination and acknowledgment aforesaid, and that the contents were made known and explained to her; and such deed, (being acknowledged or proved according to law as to the husband,) shall be as effectual in law as if executed by such woman while sole and unmarried. No covenant or warranty contained in any such deed or conveyance, shall in any manner bind or affect such married woman, or her heirs, further than to convey from her and her heirs effectually, her right and interest expressed to be granted or conveyed in such deed or conveyance.

SEC. 18. Deeds and other conveyances of real estate, executed and acknowledged or proven in proper form in this State, before any judge or justice of the supreme or circuit courts, or before any court or officer having a seal, and attested by such seal, shall be entitled to record without further attestation. When acknowledged before a justice of the peace, residing within this State, the certificate of the clerk of the county commissioners' court, of the proper county, under his seal of office, that the person taking such proof, or acknowledgment, was a justice of the peace at the time of taking the same, shall be deemed sufficient evidence of that fact. If such justice reside within the county where the lands conveyed, are situate, no such certificate shall be required.

Sec. 19. Any conveyance or assignment of certificates of the purchase of land sold for taxes by the auditor of public accounts, may be acknowledged before said auditor, and such acknowledgment shall be deemed good and valid.

SEC. 20. No judge or other officer shall take the acknowledgment of any person to any deed or instrument of writing as aforesaid, unless the person offering to make such acknowledgment shall be personally known to him to be the real person who, and in whose name such acknowledgment is proposed to be made, or shall be proved to be such, by a credible witness, and the judge or officer taking such acknowledgment shall in his certificate thereof, state that such person was personally known to him to be the person whose name is subscribed to such deed or writing, as having executed the same, or that he was proved to be such by a credible witness, (naming him,) and on taking proof of any deed or instrument of writing by the testimony of any subscribing witnesses, the judge or officer shall ascertain, that the person who offers to prove the same, is a subscribing witness, either from his own knowledge, or from the testimony of a credible witness; and if it shall appear from the testimony of such subscribing witness that the person whose name appears subscribed to such deed or writing, is the real person who executed the same, and that the witness subscribed his name as such, in his presence and at his request, the judge or officer shall grant a certificate, stating that the person testifying as subscribing witness was personally known to him to be the person whose name appears subscribed to such deed as a witness of the execution thereof, or that he was proved to be such by a credible witness, (naming him,) and stating the proof made by him; and where any grantor or person executing such deed or writing and the subscribing witnesses are deceased, or can not be had, the judge or officer, as aforesaid, may take proof of the hand writing of such deceased party and subscribing witness or witnesses (if any) and the examination of a competent and credible witness, who shall state on oath or affirmation, that he personally knew the person, whose hand writing he is called prove, and well knew his signature, (stating his means of knowledge,) and that he believes the name of such person subscribed to such deed or writing, as party or witness, (as the case may be,) was thereto subscribed by such person; and when the hand writing of the grantor or person executing such deed or writing, and of one subscribing witness, (if any there be,) shall have been proved as aforesaid, the judge or officer shall grant a certificate thereof, stating the proof aforesaid.

SEC. 21. It shall and may be lawful for any married woman to release her right of dower, of, in, and to any lands and tenements, whereof her husband may he possessed or seized, by any legal or equitable title during coverture, by joining such husband in the deed or conveyance, for the conveying of such lands and tenements, and appearing and acknowledging the same before any judge or other officer authorized to take acknowledgments by this chapter; and it shall be the duty of such judge or other officer, if such woman be not personally known to him, to be the person who subscribed such deed or conveyance, to ascertain the same by the testimony, of at least one competent and credible witness; and upon being satisfied of that fact, shall acquaint such woman with the contents of the deed or conveyance, and shall examine her separate and apart from he husband, whether she executed the same, and relinquished her dower to the lands and tenements therein mentioned, voluntarily, freely, and without compulsion of her said husband; and if she acknowledge that she executed the same, and relinquishes her dower in the lands and tenements therein mentioned, voluntarily and freely and without

the compulsion of her husband, such judge or other officer shall grant a certificate to be indorsed on, or annexed to such deed, stating that such woman was personally known to him, or was proved by a witness, (naming him,) to be the person who subscribed such deed or writing; and that she was made acquainted with the contents thereof, and was examined, and acknowledged such deed as aforesaid; which, being recorded, together with the deed, duly executed and acknowledged by the husband according to law, shall be sufficient to discharge and bar the claim of such woman to dower, in the lands and tenements conveyed by such deed or conveyance.

SEC. 22. Deeds and other instruments relating to, or affecting the title to real estate in this State, shall be recorded in the county in which such real estate is situated, but if such county is not organized, then in the county to which such unorganized county is attached for judicial purposes.

SEC. 23. All deeds, mortgages and other instruments of writing which are required to be recorded, shall take effect, and be in force from and after the time of filing the same for record, and not before, as to all creditors and subsequent purchasers, without notice; and all such deeds and title papers shall be adjudged void as to all such creditors and subsequent purchasers, without notice, until the same shall be filed for record.

SEC. 24. All powers or letters of attorney, or agency, authorizing the granting, selling, conveying, assuring, releasing or transferring, or for the executing or acknowledging of any grants, sales, leases, assurances, or other conveyances or writings whatsoever, concerning any lands and tenements or whereby the same may be affected in law or equity, shall be acknowledged or proved, and recorded as herein before required in cases of deeds and other assurances; after which, all grants, conveyances and assurances, made and acknowledged, pursuant to the powers granted, unless the same be revoked by a deed duly acknowledged and proven, and recorded as aforesaid, shall be as valid and effectual as if executed and acknowledged by the constituent or constituents.

SEC. 25. Every deed, conveyance or other writing, of, or concerning any lands, tenements or hereditaments, which, by virtue of this chapter shall be required or entitled to be recorded as aforesaid, being acknowledged or proved according to the provisions of this chapter, whether the same be recorded or not, may be read in evidence without any further proof of the execution thereof, and if it shall appear to the satisfaction of the court, that the original deed so acknowledged or proved and recorded, is lost or not in the power of the party wishing to use it, a transcript of the record thereof, certified by the recorder in whose office the same may be recorded, may be read in evidence, in any court of this State, without proof thereof.

SEC. 26. The county commissioners of the several counties of this State are hereby authorized to execute and deliver all deeds, grants, conveyances and bonds which may become necessary in settling and transferring real estate belonging to their respective counties; and such deeds, grants, conveyances and bonds, if made without fraud or collusion, shall be obligatory upon the counties to all intents and purposes.

SEC. 27. Purchasers of school or canal lands or town lots, may by indorsement in writing on their certificates of purchase, transfer and assign all right and title to the lands or lots purchased, or transfers or assignments of such certificates may be made upon a separate paper, and transferees or assignees, may in like man

ner transfer and assign all such certificates, and in all cases where certificates have been or shall hereafter be transferred or assigned, patents shall issue in the name of the last transferee or assignee: Provided, That the transfers or assignments, shall be proven by certificate of the school or acting canal commissioner; or proven in the manner required to prove the execution of deeds of conveyance, to entitle them to be admitted to record.

SEC. 28. Deeds, mortgages and other instruments of writing relating to real estate, shall be deemed, from the time of being filed for record, notice to subsequent purchasers and creditors, though not acknowledged or proven according to law; but the same shall not be read as evidence unless their execution be proved in manner required by the rules of evidence applicable to such writings, so as to supply the defects of such acknowledgment or proof.

SEC. 29. All deeds which may be executed by any sheriff or other officer, for any real estate, sold on execution, upon being acknowledged or proven before any clerk of any court of record in this State, and certified under the seal of such court, shall be admitted to record in the county where the real estate sold, shall be situated. SEC. 30. The successor of any sheriff or other officer shall be authorized to execute deeds for real estate sold by the predecessor, or to acknowledge any deed executed and not acknowledged by such predecessor.

SEC. 31. When any person or persons who have heretofore entered, or may hereafter enter into any contract, bond or memorandum in writing, to make a deed or title to land in this State, for a valuable consideration and shall depart this life, or have died heretofore, without having executed and delivered said deed, it shall and may be lawful for any court having chancery jurisdiction, in the proper circuit in which such case shall arise, to make decree, compelling the executors or administrators of such deceased person, to execute and deliver such deed to the party having such, equitable right as aforesaid to the same, or his heirs, according to the true intent and meaning of said contract, bond or memorandum of the deceased; and all such deeds shall be good and valid in law.

SEC. 32. It shall not be lawful for any court to make such decree as aforesaid, except upon the petition in writing of the person entitled to the benefit of the same, or his heirs, setting forth the said contract, bond or memorandum in writing, and fully describing the lands to be conveyed; nor until the person or persons so applying for such title, shall have given reasonable notice of the time and place of such application, to the executors, administrators and heirs of such person so deceased as aforesaid, and shall have fully paid, discharged and fulfilled the consideration of such contract, bond or memorandum] in writing, according to the true intent, tenor and effect thereof.

SEC. 33. In all cases where any minor heirs shall be interested in such proceeding as aforesaid, reasonable notice of such application shall be given to the guardian or guardians of such minors; and if there shall be no guardian, then the said court shall appoint a guardian or guardians, to litigate and act in such case.

SEC. 34. The executors, administrators or heirs of any deceased person or persons, who shall have made such contract, bond or memorandum in writing as aforesaid, in his or her life time, for the conveyance of land, for a valuable consideration, when such consideration has been paid and fulfilled as aforesaid, may, upon application in writing, obtain such decree as aforesaid, upon giving notice to the party to whom such deed is intended to be made, and under the same condition as is provided in this chapter.

SEC. 35. In all cases where application shall be made as aforesaid, the court shall have power to continue the same from term to term, to obtain such evidence as the nature of the case shall require; and no decree for the conveyance of land, upon application as aforesaid, shall be made, unless the said courts shall be satisfied that decree can be made without injustice to any heir or creditor of the deceased, and that the same is just and equitable.

SEC. 36. A complete record of such petition and proceedings thereon shall be made, and the court shall decree payment of costs as shall appear right and equitable.

SEC. 37. Every mortgagee of real estate, his assignee or other legal representative, having received full satisfaction and payment of all such sum or sums of money as are really due to him or her from the mortgagor, shall, at the request of the mortgagor, enter satisfaction upon the margin of the record of such mortgage, in the recorder's office, which shall forever thereafter discharge and release the same, and shall bar all actions or suits brought, or to be brought, thereupon. Or it shall be deemed a sufficient release and extinction of any mortgage granted upon any real estate, if the mortgagee, his or her legal representative or assigns, shall grant a full release of the same under his, her, or their seal and signature, in the presence of an attesting witness, and acknowledge the execution of such release in the same manner, and under the same restrictions, in which deeds are acknowledged by the existing laws of this State.

SEC. 38. If such mortgagee, by himself or herself, his or her attorney, shall not, within three months after request, and tender made of his or her reasonable charges, repair to said office, and there make acknowledgment as aforesaid, he or she neglecting or failing so to do, shall, for every such offence, forfeit and pay to the party or parties aggrieved, any sum not exceeding the mortgage money, to be recovered in any court of record, by action of debt.

SEC. 39. The term "real estate," as used in this chapter, shall be construed as co-extensive in meaning with "lands, tenements and hereditaments," and as embracing all chattels real.

SEC. 40. This chapter shall not be construed so as to embrace last wills and

testaments.

SEC. 41. If any grantor shall not have duly acknowledged the execution of any deed or instrument, entitled to be recorded, and the subscribing witnesses be dead, or not to be had, it may be proved by evidence of the hand writing of the grantor, and of at least one of the subscribing witnesses, which evidence shall consist of the testimony of two or more disinterested persons, swearing to each signature. APPROVED: March 3, 1845.