Page:1899 North Dakota Session Laws.pdf/3

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

THE LAWS.

ACKNOWLEDGMENTS.

CHAPTER 1.

[S. B. 124)

DEFECTIVE ACKNOWLEDGMENTS.

AN ACT to Cure Defective Acknowledgments.

Be it Enacted by IM Legislative Assembly of the State of North Dakota:

§ 1. Acknowledgements.] That the acknowledgments of all deeds, mortgages or other instruments in writing, taken and certified by any township or city clerk, or auditor of any city, recorder of any town or village in this state, and which have been duly recorded in the proper counties in this state, be, and the same hereby are declared to be legal and valid; and in all courts of law and equity in this state and elsewhere, they shall be so taken; and in such courts all instruments so acknowledged, and the record of such instruments shall have the same force and evidentiary value as instruments, the acknowledgment of which was taken before any officer qualified to take such acknowledgments and certified by him. Provided, that nothing here contained shall in any manner affect the right or title of a bona fide purchaser, without notice, of such instrument or the record thereof, for a valuable consideration, of any property or real estate. And, provided further, that a purchaser on execution at foreclosure sale of any lands affected by this act shall be considered a bona fide purchaser.

§ 2. Emergency.] Whereas an emergency exists in that by a recently promulgated opinion of the attorney general of this state, doubt exists as to the validity of acknowledgments taken by the officers mentioned in this act it shall take effect and be in force from and after its passage and approval.

Approved February 24, 1899.