Page:United States Statutes at Large Volume 18 Part 2a.djvu/60

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CONVEYANCE OF REAL ESTATE. 55 officer of a corporation, duly authorized, who has acknowledged the same to be his act and deed, instead of the act and deed of the grantor or of the corporation; and, Seventh_. All deeds for the purpose of conveying land situated in the District towhich thereis not annexed alegal certificate as to theonicial character of the officer or officers taking the acknowledgment, are declared tobeof the same effect and validity to pass the fee-simple or other estate intended to beconveyed, and bar dower in the real estate therein mentioned in favor of parties in actual possession, claiming under and through such deeds- First. As if such deeds had been by such married women executed and acknowledged, or acknowledged in case of a dower right, in the form prescribed by law; Second. As if such deeds had been executed and acknowledged by the grantor in the deed; Third. As if such power of attorney had been proved before the officer or officers taking the acknowledgment; Fourth. As if such power of attorney had been proved before two justices of the peace; Fifth. As if such acknowledgment had been made before any judge of a State court, or before two justices of the peace; Sixth. As if such attorneys-in-fact or odlcer of a corporation had acknowledged the deed to be the deed of the grantor or of the corporation; Seventh. As if such deeds had thereto annexed a certificate, in legal form, that the onicer or officers taking the acknowledgment were really what they purport to be. _ Sec. 460. In cases mentioned in the preceding section the certificate Pri'! ¤°k¤°"’· of acknowledgment by a married woman must show that the acknowl- edgment was made “ apart" or “privily " from her husband, or use some 3 March, 1865, p. other term importing that her acknowledgment was made out of his Wh ¤· l· V- 13» PP- presence, and also that she acknowledged or declared that she willingly 531*552 executed or that she willingly acknowledged the deed, or that the same was her voluntary act, or to that effect. SEO. 461. Any acknowledgment made by a married woman of any What sumcient deed executed by her husband, and recorded as mentioned in section ¤> l>¤¤‘d¤W¤¤‘· four hundred and fifty-nine., shall be good and effectual to bar all claim Ibid_,s_3’p_532_ on her part to dower in the lands described therein, situated in the District, although she shall not have executed the same. Sec. 462. When the power of attorney mentioned in section four lmndred When power cr and fiftymine is executed by a married woman, the same shall be effectual ¤¢¤<>¤‘¤¤=i‘ ¤¤m<fjf; and sufficient if there is such an acknowledgment of the same as would Ibid., ¤. 1, p. 532. be sufficient, under the provisions of this chapter, to pass her estate and interest therein were she a party executing the deed of conveyance. Sec. 463. The record and copy thereof of any deed recorded, as men- R,,,,,,,; and ,,0,,, tioned in section four hundred and fifty-nine, shall be evidence thereof, cmccu. in the same manner and shall have the same effect as if such deed had ‘j‘,;gf‘—** been originally executed, acknowledged, and recorded according to law. Sec. 464. The acts of Congress approved May thirty-first, eighteen Construction of hundred and thirty-two, and April twenty, eighteen hundred and thirty- °°”°*¤ Mueight, in reference to the ucknowledgméuii and recording of deeds of 31 May, 1532,,;, lands situated in the District, shall be taken and construed as cumula- 112, v. 4,_p. 520. tive with the acts of Maryland on the same subject in force in the Dis- 5720 QP" ·2$6838» °· trict at the passage thereof, and an acknowledgment made and certified g,',,;;,?,;, ,8,,5, c_- in compliance with any one of said acts, and before any officer author- uc_._3,v,i3,p,r,;;a ized by either of said acts to take an acknowledgment, whether in or out of the District, shall be good and effectual. Sm. 465. If in any case it shall appear that the grantor “acknowl- What cumcicnt edged said deed," it shall have the same effect as if he acknowledged H ;:{**°¤¤ t‘¤°· the deed to be his act and deed. .£..gE_. 3 March, 1$5, c. 110, s. 1, pp. 531, 532. Sm:. 466. All exceptions in favor of parties beyond the District, which _ Certain excepmay by laws in force March third, eighteen hundred and sixty-five, be **°¤¤ ¤b¤>s¤¤><l· replied or relied on in any action or proceednng brought in the District, m4.,.,,;, ,,,:,32, are repealed and abrogated.