mentioned in said application, by posting a notification thereof at the post-office in, there being no meeting-house or place of public worship of such parish, seven days before said meeting. Given under my hand and seal, at day of - A. D.-. in said county, this M. W., Justice of the Peace. The person to whom the warrant is directed should copy it, append his notification thereto, and post it on the outer door of the meeting-house or place of public worship of said society, otherwise as directed, seven days at least before the time of meeting. 6. Notification. Pursuant to the foregoing warrant to me directed, I hereby notify the persons therein named to meet at the time and place and for the purpose therein mentioned. [Date.] 7. Return. A. B. This certifies that I posted up the within notification at the post-office in [or on the outer door of the meeting-house or place of public worship of said society, as the case may be], on the of, A. D. —. 8. Application, when assessors refuse. day A. B. To M. W., a justice of the peace in and for the county of The undersigned, A. B., C. D., E. F., G. H., and I. J., members of an incorporated parish in the town of -, in said county, called -, represent that on the day of -, A. D., they, in writing, requested N. M. and R. S., assessors of said parish, to call a meeting of said parish [or to insert the following article in the warrant for a meeting of said parish, to wit, &c.], to be holden at —, on the day of A. D.; but they the said assessors unreasonably refused and still unreasonably refuse so to do. Wherefore the undersigned pray that you will issue your warrant to one of the undersigned, directing him, &c., [same as No. 4]. [Date.] 9. Warrant. [Signatures.] [Here copy application, and then the remaining part of warrant same as No. 5.] Notification and return, same as 6 and 7. 10. Application by pew-owners, &c. To M. W., a justice of the peace in and for the county of -. The undersigned, A. B., C. D., and E. F., owners of pews in the-meeting-house situated in —, in the county of, being desirous of being incorporated, request you to issue your warrant to one of them, directing him to notify the pew-owners of said meeting-house, according to law, to meet at the time and place to be mentioned in said warrant, and for the purpose of incorporating the owners of pews in said meeting-house, by choosing a moderator and clerk, and such other officers as they may deem proper. [Date.] 11. Warrant. To A. B., of -, (one of the applicants). [Signatures.] [L. S. Pursuant to the foregoing application, you are hereby directed to notify the pew-owners of the meeting-house mentioned in the foregoing application, to meet at said meetinghouse, on the day of - o'clock in the -noon, A. D., at for the purposes mentioned in said application, by posting up a certified copy of this warrant on the principal outer door of said meeting-house, and in one other public place, at least, in said town of; both of said notices to be posted as aforesaid, fourteen days at least before the time of said meeting. Given under my hand, &c., [same as No. 5]. 12. Return. [Similar to No. 7.] [Official signature.] 13. Application by proprietors of aqueducts. To M. W., justice of the peace in and for the county of The undersigned, A. B., C. D., &c., represent that they have associated, by agreement in writing, as the proprietors of an aqueduct, for the purpose of conveying fresh water into (or within) the town of in said county, [or as proprietors of funds for establishing an aqueduct, for, &c., as above], under the name and style of —; and they being desirous that a meeting of said proprietors shall be called for the following purposes, to wit, [here recite the purposes of the meeting], hereby request you to issue your warrant to some one of the persons mentioned in this application, directing him to call such meeting in accordance with the statute. [Signatures.] [Date.] The warrant may be made similar to those heretofore given, taking care to direct the notice and the mode of notifying mentioned in the statute. 14. Proprietors of libraries, &c. To M. W., &c. The application to be made by seven, at least, for the purpose of being incorporated into a body politic, to procure, preserve, and hold a miscellaneous (or law) library, &c. 15. Proprietors of lands, &c. The application to be made by five, or a majority of the owners of lands lying in common, their agents," &c. 16. Private ways, &c. signed by them or Application to be made by three or more owners and occupants. There must be at least four owners in all. 17. Mills and repairs. To M. W., &c. The undersigned, an owner in common with A. B. and C. D., of a certain grist-mill and dam therewith connected, situated in in the county of —, aforesaid, believing it necessary that said mill (and mill-dam) should be repaired in whole [or in part], hereby request you to issue your warrant calling a meeting of the owners of said mill (and dam), stating therein the time and place of said meeting, for the purpose of adopting the means of repairing said mill (and dam). [Date.j 18. Warrant. [Here copy the application, then] [Name of county], ss. To R. T., -- of - STATE OF MAINE. R. T. [L. S.] Pursuant to the foregoing application, you are hereby directed to notify the owners of the mill (and dam) therein mentioned to meet at in, in the county of -; on the day of —, A. D. —, at o'clock in the -noon, for the purposes above mentioned, by publishing this warrant three weeks successively in the -, a newspaper printed in said county, the last publication to be not less than ten, nor more than thirty days before time of said meeting, or by delivering to (or leaving at the last and usual place of abode of) each of said owners a true copy of said warrant. Given, &c. ·M. W. CHAPTER XXVI. OF THE ACKNOWLEDGMENT OF DEEDS. 1. Deeds are to be acknowledged by the grantors, or one of them, or by their attorney executing the same, before a justice of the peace in this State, or any justice of the peace, magistrate, or notary public within any of the United States, or before any minister or consul of the United States, or notary public in any foreign country.1. (a) It seems that a valid acknowledgment cannot be made before the grantee as a justice of the peace.2 (b) The conveyance of a possessory title to real estate need not be by deed, and hence no acknowledgment of the evidence of such sale need be recorded.3 (c) If a deed of one undivided half of certain premises therein described, once completed and delivered, is, years afterwards, surrendered for the purpose of striking out the words "one undivided half of," so that its terms will embrace the whole of the premises, and it is again delivered and accepted with the intent that it shall take effect and become operative as an instrument of conveyance, the law will give it such effect, although not reacknowledged.* 2. When a grantor or lessor dies, or departs from the State without acknowledging his deed, its execution may be proved by a subscribing witness before any court of record in this State. No deed without one subscribing witness can, for this purpose, be proved before any court or justice.5 3. When a grantor refuses to acknowledge his deed, the grantee or person claiming under him, may leave a true copy of it with the register of deeds, and it shall have the same effect for forty days as a record of the deed." 4. In such case, a justice of the peace where the grantor resides, or where his land lies, upon application of the grantee, or person claiming under him, may summon the grantor to appear before him at a time and place named, to hear the testimony of the subscribing witnesses. The date of the deed, the names of the parties and of the subscribing witnesses to it, must be stated in the summons, which must be served seven days before the time for proving the deed." 5. When the justice, at such hearing, is satisfied by testimony of witnesses, that they saw the deed duly executed by the grantor, he shall certify the same thereon, and state, in his certificate, the presence or absence of the grantor.8 1R. S. c. 73, § 17.-2 Beaman v. Whitney, 20 Me. 413.-3 Clark v. Gellerson, 20 Me. 18.4 Bassett v. Bassett, 55 Me. 125, 127.-5 R. S. c. 73, § 18.-6 R. S. c. 73, § 20.7 R. S. c. 73, § 21.-8 R. S. c. 73, § 22. 6. A certificate of acknowledgment, or proof of execution as aforesaid, must be indorsed on or annexed to the deed, and then the deed and certificate may be recorded in the registry of deeds. No deed can be recorded without such certificate." (d) The registry of a deed without acknowledgment is illegal, and confers no priority, and gives no rights as against third per sons.10 (e) A deed, though not acknowledged or recorded, conveys the title as against the grantor and his heirs.11 (f) As the law does not require the certificate to name the place where the acknowledgment is taken, it will be presumed to be done in the county where he has jurisdiction; and in the certificate" then personally appeared," &c., the "then" being a relative term, indicating time, refers to the date of the deed, when the certificate is not dated. 7. When a person, authorized to take acknowledg ments, takes and certifies one in good faith after the expiration of his commission, not being aware of it, such acknowledgment shall be as valid as if done before such expiration.18 (g) FORMS. In ordinary cases, there are blank forms for deeds, and at the bottom of the sheet, or on its back, is a printed form of certificate of acknowledgment, which may be as follows: 1. Certificate of acknowledgment of a private individual. [Name of county], ss., [date]. Then personally appeared the above-named A. B. [and C. D.], and [severally] acknowledged the foregoing instrument to be his [or their] free act and deed, before me, C. C., Justice of the Peace. 2. Of an attorney. [Name of county], ss., [date]. Then the above-named H. N. who signed and sealed the foregoing instrument as the attorney of the above-named [grantor], personally appeared and acknowledged the same to be his free act and deed, before me, C. C., Justice of the Peace. 3. Of a corporation. [Name of county], ss., [date]. Then personally appeared the [name of the corporation], by J. F., its agent, and acknowledged R. S. c. 73, § 23.-10 De Witt v. Moulton, 17 Me. 418.-11 Buck v. Babcock, 36 Me. 491.-12 Rackleff v. Norton, 19 Me. 274.-13 R. S. c. 73, § 24. |