256 ESTATES OF PERSONS DYING WITHOUT HEIRS. bate, after deducting the amount of the claims allowed by the commissioners, from the amount of the estate of the testator or intestate remaining in the hands of such executor or administrator, to be applied to payment of the debts of the testator or intestate. SEC. 11. The pendency of any commission as aforesaid shall be no bar to any action against the executor or administrator as aforesaid, after the expiration of two years from the time letters testamentary or of administration were granted. An Act securing the Estates of persons dying leaving real or personal estate within this State, and leaving no known heir or others entitled to distribution, within the United States. SECTION 1. Town treasurer to take possession for use of the town. 2. Town to account with the heir. SECTION 3. Town council may examine persons concerning such estates. 4. Persons refusing to deliver, &c., may be sued by treasurer. It is enacted by the General Assembly, as follows: SECTION 1. When any person shall die leaving any real or personal estate within this state, and shall leave no known heir or legal representative within the United States to claim the same, it shall be lawful for the town council of the town in which such real or personal estate may be, to direct the town treasurer of such town to take the same into his possession for the use of such town, until the heir or other legal representative of such deceased person shall call for the same; to whom the same shall be delivered on being claimed, and evidence of the right or title of the claimant shown; and the said town shall, in such case, account with the claimant for such real or personal estate. SEC. 2. When any real or personal estate shall be taken into possession by any town treasurer, pursuant to this act, the same shall be subject and liable to the payment of the debts of the deceased to whom it belonged; and such town treasurer shall be holden to pay the same to the amount of the value of the estate received. SEC. 3. The town council of the town shall have authority to cause to appear before them any person whom they may suspect of being possessed of the personal estate of any person dying without heirs as aforesaid, and them to examine on oath concerning the same. SEC. 4. If any person shall appear to be possessed of any real or personal estate of any person dying without heirs or other legal representatives as above mentioned, and shall on request refuse to deliver or surrender possession thereof to the town treasurer agreeably to the provisions of this act, in such case it shall and may be lawful for such town treasurer to commence and prosecute an action for the recovery thereof. SECTION An Act regulating Conveyances of Real Estate. 1. Real estates how to be conveyed. 3. Town clerk to note when deeds are 4. Grantor refusing to acknowledge may 5. Grantor dying, deed may be proved. 7. Same subject. SECTION 8. Bond of defeasance to be recorded within five days-otherwise deed not to operate as mortgage. 9. Right of dower saved-wife may bar by deed. 10. Mode of conveying the wife's estateif by attorney, power to be acknowledged, &c. 11. Deed to transfer the possession without 12. Mortgages how to be discharged. It is enacted by the General Assembly, as follows: SECTION 1. No estate of inheritance or freehold, or for a term exceeding one year, in lands or tenements, shall be conveyed from one to another by deed, unless the same be in writing, signed, sealed and delivered by the party making the same, and acknowledged before a senator, judge, justice of the peace, public notary or town clerk, by the party or parties who shall have sealed or delivered it, and recorded or lodged to be recorded in the office of the town clerk of the town where the said lands or tenements do lie. SEC. 2. All bargains, sales and other conveyances whatsoever of any lands, tenements or hereditaments, whether they be made for passing any estate of freehold or inheritance, or for term of years, exceeding the term of one year, and all deeds of trust and mortgages whatsoever, which shall hereafter be made and executed, shall be void unless they shall be acknowledged and recorded as aforesaid: provided, always, that the same between the parties and their heirs shall nevertheless be valid and binding. SEC. 3. Whenever any deed, lease, covenant, bond of defeasance or other instrument whatever, touching the transfer or conveyance of any such real estate, shall be presented to any town clerk for record, it shall be the duty of such town clerk immediately thereupon, to cause to be entered in writing on such deed or other instrument, the day, and as near as may be the hour and minute, when the same was presented for record. SEC. 4. If any grantor of any lands, tenements or hereditaments shall refuse to acknowledge his deed or conveyance by him signed, sealed and delivered, being thereunto required by the grantee, his heirs or assigns, it shall be lawful for any judge or justice of the peace within the town where the grantor dwells, on complaint in writing made by the grantee, his heirs or assigns, and supported by the oath of the complainant, to issue a warrant against the party refusing, and to examine him touching such refusal; and if he shall persist in such refusal, to commit him to prison without bail, until he shall acknowledge the same, unless he shall appeal to the supreme court at the term thereof next to be holden in and for the county in which such examination shall be had; and in case of such appeal the appellant shall give bond with surety for his appearance there, and prosecuting his appeal with effect; and the grantee may file a copy of his deed in the town clerk's office, pending such appeal; and the same being so filed shall be equally available to the party during the pendency of such appeal as though the said deed was acknowledged and recorded as above directed; and the same shall be accounted sufficient caution to all persons against purchasing the estate in such deed mentioned to be conveyed. SEC. 5. When any grantor after the execution of the deed shall die or remove out of the state before the same shall be acknowledged, the said deed may be proved by the oaths of one or more of the witnesses to such deed, if any there be; but if there be no witnesses to such deed, then the hand writing of the grantor may be proved by other sufficient evidence before the supreme court or any court of common pleas within this state: and such proof shall be equivalent to the party's acknowledgment. SEC. 6. Any conveyance of lands being within this state, or any instrument relating thereto, executed without the limits of this state, and within the United States, may be acknowledged before any judge, justice of the peace, mayor or public notary in the state where the same is executed; and if without the limits of the United States, before any ambassador, minister, charge des affaires, recognized consul, vice-consul, or commercial agent of the United States, in the country in which such deed or instrument is executed. SEC. 7. Any conveyance of lands lying within this state, or any instrument relating thereto, executed without the limits of the United States, to which any ambassador, minister, charge des affaires, recognized consul, vice-consul, or commercial agent of the United States, in the country where the deed or instrument shall be executed, shall be grantor, may be executed in the presence of two witnesses; and an official certificate under the hand and official seal of the grantor, that such deed or instrument is his act and deed, shall be equivalent to an acknowledgment of such deed or instrument, in the manner required by law. SEC. 8. Whenever any bond of defeasance or other instrument shall be executed, which shall cause any deed or other conveyance of lands, tenements and hereditaments to operate as a mortgage, or to pass an estate redeemable, such bond or other instrument shall be recorded in the office of the town clerk in the town where such lands, tenements and hereditaments shall be, or be there lodged, to be recorded within five days after the execution thereof; and if the person entitled to such bond of defeasance or other instrument, shall neglect to cause the same to be lodged or recorded within five days as aforesaid, the same shall not cause the deed to which it relates to operate as a mortgage against any person who shall bona fide, and without notice of said incumbrance, purchase the real estate conveyed in such deed of the person to whom the same was made; and the person entitled to the same as aforesaid shall be barred of all right of redemption against such second purchaser, his heirs or assigns. SEC. 9. Nothing in this act shall be construed to bar any widow of any grantor of any lands, tenements or other real estate, of her dower therein; but a married woman may bar her right of dower in any estate conveyed by her husband by joining with him in the deed conveying the same, and therein releasing her claim to dower; or by releasing the same by subsequent deed jointly with her husband, or by joining in a deed given by a guardian of her husband: she may also bar her right of dower in any estate in which the interest of her husband has been formally conveyed by a deed thereof, executed by her, in the presence of two witnesses, and acknowledged by her, after a separate examination and an explanation of the deed to her, in the same manner as is required by law for a conveyance of real estate owned by her in her own right. SEC. 10. Where the husband and wife being of lawful age are seized of any lands, tenements or other real estate in the right of the wife, they shall be authorized to convey the same by deed or other instrument in writing, signed, sealed and delivered by them respectively; but in every such case the wife acknowledging such deed or instrument shall be examined privily and apart from her husband; and shall declare to the officer taking such acknowledgment, that the deed or instrument shown and explained to her by such magistrate is her voluntary act, and that she doth not wish to retract the same; and if the wife on such privy examination shall refuse to make such acknowledgment, the deed or other instrument executed by the husband and the wife as aforesaid, shall not operate to convey to the grantee named in such deed or instrument, any other or greater estate in the premises described in such deed than what belongs to the husband; and if such deed be executed by attorney of the wife, or any deed affecting her right of dower in any estate of her husband during his life, the letter of attorney shall be executed and acknowledged with like formalities as are required in the execution and acknowledgment of a deed by a husband and wife of an estate held in the right of the wife. SEC. 11. By deed of bargain and sale, by deeds of lease and release, by covenant to stand seized to use, or by deed operating by way of covenant to stand seized to use, or by any other deed signed, sealed, delivered and acknowledged by the party having good and lawful right and authority thereto, the possession of the bargainor, relessor, grantor or covenantor, shall be transferred to the bargainee, relessee, grantee, or person entitled to the use of the estate or interest which such person hath or shall have in the use, without livery of seizin or other act or ceremony whatever. SEC. 12. Any mortgagee of lands, tenements or other real estate, his heirs, executors, administrators or assigns, having received full satisfaction for the money due on such mortgage, shall at the request of the mortgagor, his heirs, executors, administrators or assigns, and at his or their cost, acknowledge and cause satisfaction and payment to be entered on the margin or face of the record of such mortgage, and shall sign and seal the same, which shall forever afterwards discharge, defeat and release such mortgage, and perpetually bar all actions to be brought thereupon in any court. mortgagee, his heirs, executors, administrators or assigns shall not within ten days after a request made in that behalf, and a tender of all reasonable charges, repair to the clerk's office, and there make, sign and seal an acknowledgment as before directed, or otherwise make and execute a release and quitclaim of the estate so mortgaged, and acknowledge the same If any |