By whom acknowledgments may be taken in this state. Id. By whom taken, without the state. SECTION 524. Proof of deed when witnesses are dead. 526. Certificate of acknowledgment. 527, 528, 529. Certificate of officers' authority. S516. The proof or acknowledgment of an instrument may be made at any place within this state, before a judge of the court of appeals, or of the supreme court.2 1 New. 21 R. S., 756, § 4. S517. The proof or acknowledgment of an instrument may be made, in this state, within the city or county for which the officer was appointed,' before: 1. A judge of a court of record;2 2. A mayor or recorder of a city;2 3. A justice of the peace;3 4. A commissioner of deeds; or, 'The statute (1 R. S., 756, § 4,) seems to make this 1 R. S., 756, § 4. Laws of 1840, 187, ch. 238. Laws of 1859, 869, ch. 360. S518. The proof or acknowledgment of an instrument may be made without the state, but within the United States, and within the jurisdiction of the officer,' before: 1. A judge of the supreme court, or of a district court, of the United States;1 2. A judge of the supreme, superior or circuit court of any state or territory ;1 3. The mayor of any city;2 4. Any other officer of the state or territory where the acknowledgment is made, authorized by its laws to take the proof or acknowledgment;3 or, 5. A commissioner appointed for the purpose by the government of this state, pursuant to special statutes of this state." 11 R. S., 757, § 4. Laws 1845, ch. 109. Laws 1848, ch. 195. Laws 1850, ch. 270. S 519. The proof or acknowledgment of an in- By whom strument may be made without the United States, before: 1. A minister plenipotentiary, or minister extraordinary, or chargé d'affaires, of the United States, resident and accredited in the country where the proof or acknowledgment is made; 2. A consul of the United States resident in that country; 3. A judge of the highest court of any of the British American provinces, acting in his own jurisdiction; or, 4. The mayor or chief magistrate of any city in the British islands, acting in his own jurisdiction. From 1 R. S., 759, § 6; Laws of 1829, 348, ch. 222; Laws 1845, ch. 109. taken with- for acknow $ 520. The acknowledgment of an instrument Requisites cannot be taken, unless the officer taking it knows, ledgments. or has satisfactory evidence, that the person making such acknowledgment is the individual who is described in and who executed the instrument. 1 R. S., 758, § 9. ledgments women. S521. The acknowledgment of a married woman Acknowto an instrument, purporting to be executed by her, by married cannot be taken within this state, unless she acknowledges to the officer, on a private examination, apart from her husband, that she executed such instrument freely, and without any compulsion or fear of her husband. 1 R. S., 758, § 10. Id. Proof by subscrib. ing wit ness. Proof of deed when witnesses are dead. What proof to be made and certi fied. Certificate of acknowledgment. S522. A conveyance by a married woman has the same effect as if she were unmarried,' and may be acknowledged in the same manner, except as mentioned in the last section.2 This provision is in accordance with the present law concerning married women. See 1 R. S., 758, § 11. S523. The proof of the execution of an instrument must be made by a subscribing witness thereto, who must state his own place of residence, and that he knew the person who is described in and who executed the instrument; and such proof must not be taken, unless the officer is personally acquainted with such subscribing witness, or has satisfactory evidence that he is the subscribing witness to the instrument. 1 R. S., 758, § 12. S524. When all the witnesses to an instrument which might be recorded are dead, it may be proved before any officer mentioned in sections 517, 518 or 519, other than commissioners of deeds, justices of the peace and notaries public. 1 R. S., 761, § 30. $525. The proof of the execution of an instrument, in the case mentioned in the last section, must be made by satisfactory evidence of the death of all the witnesses thereto, and of the handwriting of such witnesses, or of one of them, and of the grantor; all which evidence must be set forth by the officer taking the same, in his certificate of the proof. 1 R. S., 761, § 31. $526. An officer taking the acknowledgment or proof of any instrument must indorse upon the instrument a certificate thereof, signed by himself personally, setting forth all the matters required by law to be done or known by him, or proved before him, on the proceeding, together with the names of all the witnesses examined before him, their places of residence respectively, and the substance of their evidence. 1 R. S., 759, § 15. of officer's S527. A certificate of proof or acknowledgment Certificate before any officer in this state other than a judge of authority. a court of record, when used in any county other than that in which he resides, must be accompanied by a certificate, under the hand and seal of the clerk of the county in which the officer resides, setting forth that such officer, at the time of taking such proof or acknowledgment, was duly authorized to take the same, and that the clerk is acquainted with his handwriting and believes that the signature to the original certificate is genuine. 1 R. S., 759, § 18, slightly modified so as to conform to the present judicial system. S528. When an instrument is proved or acknow- 14. Laws of 1848, ch. 195, as amended by Laws of 1856, ch. $529. When an instrument is proved or acknow- Ia. 1 R. S., 757, § 4, subd. 2; Laws of 1845, 89, ch. 109; Conveyan. ces to be recorded. Conveyance, what. Letter recorded, how re voked. ARTICLE IV. EFFECT OF RECORDING, OR THE WANT THEREOF. The provisions of sections 16 and 17, 26 and 27, and of part of sections 22, 33 and 39 of chapter 3 of Part II, of the Revised Statutes, have been omitted as part of the law of evidence, contained in the Code of Civil Procedure. SECTION 530. Conveyances to be recorded. 531. Conveyance, what. 532. Letter recorded, how revoked. 533. Effect of recording and deposit. 534. Certain leases in counties named not affected. $530. Every conveyance of real property, other than a lease for a term not exceeding three years, is void as against any subsequent purchaser or incumbrancer (including an assignee of a mortgage, lease, or other conditional estate) of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded. 1 R. S., 756, § 1. S531. The term "conveyance," as used in the last section, embraces every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged or incumbered, or by which the title to any real property may be affected; except wills, executory contracts for the sale or purchase of real property, and powers of attorney. 1 R. S., 762, §§ 36-38. $532. No instrument containing a power to convey real property, which has been recorded, is to be deemed revoked by any act of the party by whom it was executed, unless the instrument containing such revocation is also recorded in the same office in which the instrument containing the power was recorded. 1 R. S., 763, §§ 39, 40. |