When con are non-resi 3. If the party who shall execute any deed or conveyance of Ib. Sec. 4. lands, tenements, or hereditaments, lying and being in this territory, veyor and or the witness thereto, reside not in this territory, but in some other witnesses territory or state in the Union; then the said acknowledgment or dents. proof, made before, and certified by the chief justice of the United States, or any associate justice of the supreme court of the United States, or a district judge of the same, or any judge or justice of the supreme or superior court of any territory or state in the Union, shall be as good and effectual, as if it had been made before, and certified by one of the judges of the supreme court of this territory. Where they kingdom. 4. If the party who shall execute any deed or conveyance of Ib. Sec. 5. lands, tenements, or hereditaments, lying and being in this territory, reside in a or the witness thereto, reside in a foreign kingdom, state, nation, or foreign colony; then the said acknowledgment or proof made before any court of law, or mayor, or other chief magistrate of any city, borough, or corporation of the said foreign kingdom, state, nation, or colony, in which the said party or witnesses reside, certified by the said court, mayor or chief magistrate, in the manner such acts are usually authenticated by them, or him, shall be as good and effectual, as if it had been made before, and certified by one of the judges of the supreme court of this territory. 5. The two preceding sections of this act shall be construed to Ib Sec. 6. extend to, and comprehend acknowledgments of deeds or conveyances, provisions Foregoing which shall be made by femes covert who reside out of this territory, include acand in any other territory, or state in the Union; or in any foreign ments by kingdom, state, nation, or colony. 'knowledg § 6. And whereas, it is necessary that provision should be made for proving deeds or conveyances of lands, tenements, or hereditaments, where the grantors and witnesses are dead: Therefore be it enacted, That if the grantor, or witnesses of any such deed or conveyance be dead, or cannot be obtained, it shall be lawful for any of the officers hereinbefore mentioned, as the case may require, to take, under oath or affirmation, the examination of any person or persons, to prove the hand-writing of such deceased witness or witnesses; or where such proof cannot be had, then to prove the hand-writing of such grantor or grantors, which shall be certified on, or under such deed or conveyance, and signed by the officer before whom such proof shall have been made; and such deed or conveyance, so proved and certified, shall be received in evidence, and be recorded by the clerk of the county court of the county in which the said lands, tenements or hereditaments are situated, in the same manner as other deeds or conveyances are directed by this act. married wo men. b. Sec. 8. When grantor or witness is dead, how proved. Sec. 1. Deeds may ledged or judge, or 7. Any deed or conveyance of real estate may be admitted to 1812—(13) record, if acknowledged by the maker or makers thereof, or be proved by any of the subscribing witnesses thereto, before any one of the be acknow superior judges, or justices of the quorum of any county court in this proved beterritory; and the following shall be the form of the certificate of fore superior acknowledgment, or probate of all deeds, to wit: "Mississippi terri-justice of the tory,-88. county personally appeared before me, esquire, a judge of the said territory, or justice of the quorum of said tificate of acCounty (as the case may be) the above named A. B. who acknow-knowledg ledged that he signed, sealed, and delivered the foregoing deed, on the day and year therein mentioned, to the aforesaid C. D. Given under my hand and seal this day of county court. Form of cer ment. " and in Form of cer of probate. case of probate, by a subscribing witness, thus; (as above to the end tificate of of the description of the judge or justice) "the above named E. F. Ib. Sec. 2. may be ad county where the land lies. one of the subscribing witnesses to the foregoing deed, who being first duly sworn, deposeth and saith, that he saw the above named A. B. whose name is subscribed thereto, sign, seal, and deliver the same to the said C. D.; that he, this deponent, subscribed his name as a witness thereto, in the presence of the said A. B.; and that he saw the other subscribing witness (or witnesses, naming them as the case may be) sign the same in the presence of the said A. B., and in the presence of each other, on the day and year therein named. Given under my hand and seal," &c. § 8. Any deed of real estate lying in this territory, made or execucuted out of ted by any person or persons residing without the limits of the same, the territory, may be admitted to record in the clerk's office, of the county where mitted to re- such estate may lie, if acknowledged or proved in the manner required cord in the by this act, before any judge or justice of any court, or notary public, of the state or territory, in which the maker of such deed may be: Provided, That the certificate of such acknowledgment or probate, Certificate to shall be accompanied by a certificate of the clerk of the court, to accompany which such judge or justice may belong, that such judge or justice is of such court, and that due faith and credit is to be given to any act done by them, when acting in their official character; and the seal of office, if any there be, shall be affixed to such certificate. probate, &c. Ib. Sec. 3. Deeds and re linquishments of § 9. Any certificate of probate or acknowledgment of any such deed, shall be good and effectual, if it contain the substance, whether it be in the form or not, of that set forth in the first section of this act. § 10. Hereafter, the clerks of the several superior and county courts in this territory, may lawfully take and certify acknowledgments of deeds of conveyance of real estate, and relinquishments of dower, within their respective counties, in like manner and form as is now be acknow required by law, before judges of the superior court, and justices of the quorum. dower may ledged before clerks. Ib. Sec. 2. Fee 50 cents. 1819-(12) Sec. 1. Or two justices of the peace. 1820-(17) Sec. 1. Judges of § 11. For every certificate so made, the said clerks and justices of the quorum shall be allowed a fee of fifty cents, to be paid by the party at whose instance the same was made. § 12. Hereafter, any two justices of the peace, may take the acknowledgment or probate of deeds, and the relinquishment of the right of dower by femes covert, in the same manner, and under the same regulations, that judges, justices of the quorum, or clerks of the courts, are now authorized to take such acknowledgment, probate, or relinquishment, and the certificate of such justices of the peace, that such acknowledgment, probate, or relinquishment has been taken by them, shall be as available in law, and such deed shall admitted to record thereon, in the same manner, and under the same regulations as if the acknowledgment, probate, or relinquishment of dower, had been made, and a certificate thereof given by a judge, justice of the quorum, or clerk of a court. § 13. Judges of the circuit courts and justices of the county courts respectively, may take acknowledgments of deeds and relinquishments circuit court, of dower, in the same manner that justices of the quorum were auand justices thorized to do, under the laws of the Alabama territory. of county court, authorized to take Ib. Sec. 2. § 14. All acknowledgments of deeds and relinquishments of dower, acknowledg. Which have been heretofore made before judges of the circuit courts, ments, &c. or justices of the county courts, respectively, are hereby legalized and Acknowledg- made valid, to all intents and purposes whatever. ments here. § 15. The clerks of the circuit courts of the several counties of this state may take and certify the acknowledgment or proofs of deeds and relinquishments of dower, whether the lands, tenements, or hereditaments therein expressed, be situated in the said county or else tofore made, legalized. 1831-(1) Sec. 1. Clerks of circuit court knowledg lands lie in 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 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 b. 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, ized. are hereby legalized and made valid, to all intents and purposes what ever. made, legal Deeds ac before justi 18. Any deed or deeds of lands heretofore acknowledged or 1823-(8) proved before any justice of the peace, shall be valid and operative Sec. 3. under the provisions of this act, and the same are hereby legalized: knowledged and any deed or deeds for lands heretofore acknowledged, or proved, ces and 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 against bona ser, unless after their § 19. Any deed or conveyance of lands, tenements, or hereditaments, b. Sec. 2. lying and being in this state, which shall be made and executed after 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 vafd, 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) Sec. 2. Record destroyed, deeds may be recorded again in 18 months. 1831-(3) Sec. 1. Deeds record § 20. All deeds and conveyances of lands, tenements, and hereditaments, the record of which may have been, or may hereafter be destroyed 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. ed 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 rh. 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- rb. 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 acforgers 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. |