Page:1862 Territory of Dakota Session Laws.pdf/284

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CHAP. XXXI.]
DEEDS, MORTGAGES, &C.
267

length all such deeds, bonds, mortgages, contracts, and agreements, as shall be left with him for the purpose.

Sect. 3. Each and every instrument touching interest in lands made and recorded according to the provisions of the time of first section of this act, shall be notice to, and take precedence of, any subsequent purchaser or purchasers, from the time of delivering said instrument at the office of the register of deeds for record, and shall operate as a lien upon the lands therein described, according to its import and meaning.

Sect. 4. The said register of deeds shall receive as compensation for recording all papers contemplated by this act, the sum of twelve and half cents per hundred words.

Sect. 5. This act shall take effect and be in force from and after its passage, and approval by the governor.

Approved May 2, 1862.
W. JAYNE, Governor.

CHAPTER 31.

AN ACT CONCERNING ALIENATION BY DEED, OF THE PROOF AND RECORDING OF CONVEYANCES, AND THE CANCELLING OF MORTGAGES.

Be it enacted by the Legislative Assembly of the Territory of Dakota:

Section 1. Conveyances of lands, or of any estate or interest therein, may be made by deed, signed and sealed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or proved and recorded as directed in this chapter, without any other act or ceremony whatever.

Sect. 2. A husband and wife may, by their joint deed, convey the real estate of the wife in like manner as she might do by her separate deed if she were unmarried; but the wife shall not be bound by any covenant contained in such joint deed.

Sect. 3. A deed of quitclaim and release of the form in common use, shall be sufficient to pass all the estate