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An Act to provide for marks instead of signatures.

Marks Instead of Signatures.

Approved December 17, 1862, 33.

2734. SECTION 1. The signature of a party, when required to a written instrument, shall be equally valid if the party cannot write, provided the person make his mark, the name of the person making the mark being written near it, and the mark being witnessed by a person who writes his own name as a witness.

An Act to provide for the omission of the word "seal," the letters "L. S.," and other words, letters, or characters of like import on instruments in writing.

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2735. SECTION 1. The word "seal," and the initial letters "L. S.," and other words, letters, or characters of like import, opposite the name of the signer of any instrument in writing, are hereby declared unnecessary to give such instrument legal effect, and any omission to use them by the signer of any instrument shall not be construed to impair the validity of such instrument.

An Act concerning records now in the custody of County Recorders of this state. Approved February 20, 1873, 63.

Records to Impart Notice.

2736. SECTION 1. All instruments of writing relating to mining claims now copied into books of mining or other records, now in the office of the County Recorders of the several counties of this state, shall, after the passage of this Act, be deemed to impart to subsequent purchasers and incumbrancers, and all other persons whomsoever, notice of the contents thereof; provided, that nothing herein contained shall be construed to affect any rights heretofore acquired or vested. Copies May Be Read in Evidence.

2737. SEC. 2. Copies of the records of all such instruments mentioned in section one of this Act, duly certified by the Recorder in whose custody such records are, may be read in evidence under the same circumstances and rules as are now or may hereafter be provided by law, for using copies of instruments relating to mining claims or real estate, duly executed or acknowledged, or proved and recorded.

COMMERCIAL LAW AND PARTNERSHIP.

An Act concerning the payment in money of debts and other obligations.
Approved February 15, 1893, 121.

Legal Money.

2738. SECTION 1. On and after the passage of this Act, all official bonds and undertakings, and also all obligations of debt, judgments or executions stated in terms of dollars and to be paid in money, shall be payable in either the standard silver or gold coins or other legal money authorized by the Congress of the United States. As amended, Stats. 1895, 13.

An Act concerning the liabilities of joint debtors.

Joint Debtor May Be Released.

Approved February 15, 1866, 67.

2739. SECTION 1. Any one of two or more joint debtors, or parties jointly, or

having a seal, or some Notary Public or Justice of the Peace, or by any Commissioner appointed by the Governor of this state, for that purpose; provided, that when the acknowledgment is taken by a Justice of the Peace, the same shall be accompanied with the certificate of the Clerk of a court of record of the county having a seal as to the official character of the Justice and the authenticity of his signature.

See, also, Sec. 2642.

Record Valid.

2729. SEC. 2. All acknowledgments of proofs heretofore taken of the execution of any instrument authorized by law to be recorded, acknowledged or proven and certified, or which may have been certified in the manner herein above provided, the record thereof now or hereafter made shall be valid and of like force and effect as if proven before the officer and certified to in the manner heretofore required by law; provided, that nothing herein shall affect any right of a bona fide purchaser, or any right acquired by operation of law, prior to the passage of this Act.

An Act to provide for preserving the evidence of the official acts of officers taking acknowledgments, etc.

Officers Required to Keep Record.

Approved February 20, 1869, 72.

2730. SECTION 1. Each officer authorized by law to take the proof or acknowledgment of the execution of conveyances of real estate, or other instrument required by law to be proved or acknowledged, shall keep a record of all his official acts in relation thereto in a book to be provided by him for that purpose, in which shall be entered the date of the proof or acknowledgment thereof, the date of the instrument, the name or character of the instrument proved or acknowledged, and the names of each of the parties thereto, as grantor, grantee, or otherwise. Said record shall, during business hours, be open to public inspection without fee or reward.

Penalty for Refusal or Neglect.

2731. SEC. 2. Any officer aforesaid refusing or neglecting to comply with the requirements of this Act shall be deemed and held guilty of a misdemeanor, and, on conviction thereof, fined before any court of competent jurisdiction in any sum not less than fifty nor more than five hundred dollars, and shall, in addition, be liable on his official bond in damages to any person injured by such refusal or neglect to the extent of the injury sustained by reason of the refusal or neglect mentioned in this section.

An Act for the relief of purchasers at sales of real estate, or any interest therein, by public officers.

Officers' Deeds.

Approved December 12, 1862, 13.

2732. SECTION 1. Where lands, or any estate or interest therein have been or may hereafter be sold by a Sheriff or Constable, or other authorized officer, for taxes, or under an execution or order of sale, and the purchaser or his assigns may be entitled to a deed, and the Sheriff or other officer who made the sale shall have died, or shall be absent from the territory, or in any way disqualified, it shall be lawful for the successor of the said Sheriff or Constable, or other officer to make such deed to such purchaser, his assignee or assignees, in the same manner and with the same effect as if made by the officer making the sale.

Effect of Deed.

2733. SEC. 2. Such deeds, so made as aforesaid, shall have the same force and effect as evidence as if made by the officer making such sale.

An Act to provide for marks instead of signatures.

Marks Instead of Signatures.

Approved December 17, 1862, 33.

2734. SECTION 1. The signature of a party, when required to a written instrument, shall be equally valid if the party cannot write, provided the person make his mark, the name of the person making the mark being written near it, and the mark being witnessed by a person who writes his own name as a witness.

An Act to provide for the omission of the word "seal," the letters "L. S.," and other words, letters, or characters of like import on instruments in writing.

[blocks in formation]

2735. SECTION 1. The word "seal," and the initial letters "L. S.," and other words, letters, or characters of like import, opposite the name of the signer of any instrument in writing, are hereby declared unnecessary to give such instrument legal effect, and any omission to use them by the signer of any instrument shall not be construed to impair the validity of such instrument.

An Act concerning records now in the custody of County Recorders of this state. Approved February 20, 1873, 63.

Records to Impart Notice.

2736. SECTION 1. All instruments of writing relating to mining claims now copied into books of mining or other records, now in the office of the County Recorders of the several counties of this state, shall, after the passage of this Act, be deemed to impart to subsequent purchasers and incumbrancers, and all other persons whomsoever, notice of the contents thereof; provided, that nothing herein contained shall be construed to affect any rights heretofore acquired or vested. Copies May Be Read in Evidence.

2737. SEC. 2. Copies of the records of all such instruments mentioned in section one of this Act, duly certified by the Recorder in whose custody such records are, may be read in evidence under the same circumstances and rules as are now or may hereafter be provided by law, for using copies of instruments relating to mining claims or real estate, duly executed or acknowledged, or proved and recorded.

COMMERCIAL LAW AND PARTNERSHIP.

An Act concerning the payment in money of debts and other obligations.
Approved February 15, 1893, 121.

Legal Money.

2738. SECTION 1. On and after the passage of this Act, all official bonds and undertakings, and also all obligations of debt, judgments or executions stated in terms of dollars and to be paid in money, shall be payable in either the standard. silver or gold coins or other legal money authorized by the Congress of the United States. As amended, Stats. 1895, 13.

An Act concerning the liabilities of joint debtors.

Joint Debtor May Be Released.

Approved February 15, 1866, 67.

2739. SECTION 1. Any one of two or more joint debtors, or parties jointly, or

having a seal, or some Notary Public or Justice of the Peace, or by any Commissioner appointed by the Governor of this state, for that purpose; provided, that when the acknowledgment is taken by a Justice of the Peace, the same shall be accompanied with the certificate of the Clerk of a court of record of the county having a seal as to the official character of the Justice and the authenticity of his signature.

See, also, Sec. 2642.

Record Valid.

2729. SEC. 2. All acknowledgments of proofs heretofore taken of the execution of any instrument authorized by law to be recorded, acknowledged or proven and certified, or which may have been certified in the manner herein above provided, the record thereof now or hereafter made shall be valid and of like force and effect as if proven before the officer and certified to in the manner heretofore required by law; provided, that nothing herein shall affect any right of a bona fide purchaser, or any right acquired by operation of law, prior to the passage of this Act.

An Act to provide for preserving the evidence of the official acts of officers taking acknowledgments, etc.

Officers Required to Keep Record.

Approved February 20, 1869, 72.

2730. SECTION 1. Each officer authorized by law to take the proof or acknowledgment of the execution of conveyances of real estate, or other instrument required by law to be proved or acknowledged, shall keep a record of all his official acts in relation thereto in a book to be provided by him for that purpose, in which shall be entered the date of the proof or acknowledgment thereof, the date of the instrument, the name or character of the instrument proved or acknowledged, and the names of each of the parties thereto, as grantor, grantee, or otherwise. Said record shall, during business hours, be open to public inspec tion without fee or reward.

Penalty for Refusal or Neglect.

2731. SEC. 2. Any officer aforesaid refusing or neglecting to comply with the requirements of this Act shall be deemed and held guilty of a misdemeanor. and, on conviction thereof, fined before any court of competent jurisdiction in any sum not less than fifty nor more than five hundred dollars, and shall, in addition, be liable on his official bond in damages to any person injured by such refusal or neglect to the extent of the injury sustained by reason of the refusal or neglect mentioned in this section.

An Act for the relief of purchasers at sales of real estate, or any interest therein, by public officers.

Officers' Deeds.

Approved December 12, 1862, 13.

2732. SECTION 1. Where lands, or any estate or interest therein have been or may hereafter be sold by a Sheriff or Constable, or other authorized officer, for taxes, or under an execution or order of sale, and the purchaser or his assigns may be entitled to a deed, and the Sheriff or other officer who made the sale shall have died, or shall be absent from the territory, or in any way disqualified, it shall be lawful for the successor of the said Sheriff or Constable, or other officer to make such deed to such purchaser, his assignee or assignees, in the same manner and with the same effect as if made by the officer making the sale.

Effect of Deed.

2733. SEC. 2. Such deeds, so made as aforesaid, shall have the same fores and effect as evidence as if made by the officer making such sale.

An Act to provide for marks instead of signatures.

Marks Instead of Signatures.

Approved December 17, 1862, 33.

2734. SECTION 1. The signature of a party, when required to a written instrument, shall be equally valid if the party cannot write, provided the person make his mark, the name of the person making the mark being written near it, and the mark being witnessed by a person who writes his own name as a witness.

An Act to provide for the omission of the word "seal," the letters "L. S.," and other words, letters, or characters of like import on instruments in writing.

[blocks in formation]

2735. SECTION 1. The word "seal," and the initial letters "L. S.," and other words, letters, or characters of like import, opposite the name of the signer of any instrument in writing, are hereby declared unnecessary to give such instrument legal effect, and any omission to use them by the signer of any instrument shall not be construed to impair the validity of such instrument.

An Act concerning records now in the custody of County Recorders of this state. Approved February 20, 1873, 63.

Records to Impart Notice.

2736. SECTION 1. All instruments of writing relating to mining claims now copied into books of mining or other records, now in the office of the County Recorders of the several counties of this state, shall, after the passage of this Act, be deemed to impart to subsequent purchasers and incumbrancers, and all other persons whomsoever, notice of the contents thereof; provided, that nothing herein contained shall be construed to affect any rights heretofore acquired or vested. Copies May Be Read in Evidence.

2737. SEC. 2. Copies of the records of all such instruments mentioned in section one of this Act, duly certified by the Recorder in whose custody such records are, may be read in evidence under the same circumstances and rules as are now or may hereafter be provided by law, for using copies of instruments relating to mining claims or real estate, duly executed or acknowledged, or proved and recorded.

COMMERCIAL LAW AND PARTNERSHIP.

An Act concerning the payment in money of debts and other obligations.
Approved February 15, 1893, 121.

Legal Money.

2738. SECTION 1. On and after the passage of this Act, all official bonds and undertakings, and also all obligations of debt, judgments or executions stated in terms of dollars and to be paid in money, shall be payable in either the standard silver or gold coins or other legal money authorized by the Congress of the United States. As amended, Stats. 1895, 13.

An Act concerning the liabilities of joint debtors.

Joint Debtor May Be Released.

Approved February 15, 1866, 67.

2739. SECTION 1. Any one of two or more joint debtors, or parties jointly, or

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