1. Within the state, before A judge of a court of record; A commissioner of deeds; A notary public; From 1 R. S., 756, § 4; Laws of 1840, 187, ch. 238; Laws of 1859, 869, ch. 360. 2. Without the state, but within the United States, before A judge of the supreme or of a district court of the United States; A judge of the supreme, superior or circuit court of state or territory; The mayor of any city; any A commissioner appointed for the purpose by the gov ernment of this state, pursuant to special laws of this state; but the certificate of such a commissioner must be accompanied by the certificate of the secretary of state of this State, attesting the existence of the officer, and the genuineness of his signature; and such commissioner can only act within the city or county in which he resided at the time of his appointment; 1 R. S., 757, § 4, subd. 2; Laws of 1845, 89, ch. 109. Laws of 1850, 582, ch. 270, amended 2 Laws of 1857, 756, ch. 788. Any officer of the state or territory where the acknowledgment is made, authorized by its laws to take the proof or acknowledgment; but the certificate of such officer must be accompanied by a certificate under the name and official seal of the clerk, register, recorder, or prothonotary, of the county in which such officer resides, or of the county or district court or court of common pleas thereof, specifying that such officer was, at the time of taking such proof or acknowledgment, duly authorized to take the same, and that such clerk, register, recorder or prothonotary, is acquainted with the handwriting of such officer, and believes his signature genuine; Laws of 1848, ch. 195, as amended by Laws of 1856, ch. 61, § 2. 3. Without the United States, before A minister plenipotentiary, or minister extraordinary, or chargé d'affaires, of the United States, resident and accredited in any foreign country; A consul of the United States resident in any port or country; In either of the British American provinces, a judge of the highest court thereof; In the British islands, before the Mayor of London, or the chief magistrate of any city. From 1 R. S., 759, § 6; Laws of 1829, 348, ch. 222. for acknow § 432. The acknowledgment cannot be taken, unless the Requisites officer knows or has satisfactory evidence that the person ledgments. making such acknowledgment is the individual described in and who executed the instrument. 1 R. S., 758, § 9. for acknow when made women in this state. § 433. The acknowledgment of a married woman to an Requisites instrument, purporting to be executed by her, shall not be ledgments taken, within this state, unless, in addition to the requisites contained in the preceding section, she acknowledges, on a private examination, apart from her husband, that she executed such instrument freely, and without any fear or compulsion of her husband; nor shall any estate of a married woman pass by a conveyance acknowledged by her within this state unless in compliance with this section. 1 R. S., 758, § 10. Modified by making the requirement apply to acknowledgments taken within the state, instead of to acknowledgments wherever taken, of a married woman residing in the state. The fact of residence is often difficult to ascertain, and the validity of the acknowledgment should not be made to turn upon it. The commissioners recommend, however, that this and the following provision be omitted, and the form of acknowledgment by a married woman be made the same as that by any other person. § 434. When a married woman joins with her husband in a conveyance of real property, executed without this state, the conveyance has the same effect as if she were sole; and the acknowledgment or proof of the execution Married siding out women re of this state Proof by subscribing wit ness. Proof of deed when witnesses are dead. What proof to be made, how certifled. When deed to be recorded. Effect of recording and depo sit. of such conveyance by her, if taken without the state, 1 R. S., 758, § 11, modified as above. § 435. The proof of the execution of an instrument must be made by a subscribing witness thereto, who must state his own place of residence, and that he knew the person described in and who executed the instrument; and such proof shall not be taken, unless the officer is personally acquainted with such subscribing witness, or has satisfactory evidence that he is the same person who was a subscribing witness to the instrument. 1 R. S., 758, § 12. 436. Where the witnesses to any instrument which might be recorded, are dead, it may be proved before any officer mentioned in section 431, other than commissioners of deeds, justices of the peace and notaries public. 1 R. S., 761, § 30. § 437. The proof of the execution of any instrument in the case mentioned in the last section, must be made by satisfactory evidence of the death of all the witnesses thereto, and of the handwriting of such witnesses, or any one of them, and of the grantor; all which evidence, with the names and places of residence of the witnesses examined before him, must be set forth by the officer taking the same, in his certificate of the proof. 1 R. S., 761, § 31. § 438. An instrument, proved and certified pursuant to the two last sections, may be recorded in the proper office, if the original is at the same time deposited therein to remain for public inspection. 1 R. S., 761, § 32. § 439. The recording and deposit of an instrument proved and certified according to the provisions of the three last sections, are constructive notice of the execution of such conveyance, to all purchasers subsequent to such recording; but such proof, recording, or deposit, does not entitle such instrument or the record thereof, or the transcript of such record, to be read in evidence. 1 R. S., 761, § 33. § 440. When a married woman joins with her husband in executing, without this state, a power of attor ney for the conveyance of real property, the conveyance executed in virtue of such power, has the same force and effect as if executed by such married woman in her own proper person; the execution of such power of attorney by her, being first duly proved or acknowledged. 1 R. S., 763, § 47, modified as § 433 above. Powers of married attorney by women out of the state. 8441. Transfers of property in trust for the benefit of Transfers of personal creditors, and transfers of personal property, by way of property, mortgage, are required to be recorded in the cases specified in the chapters on Debtor and Creditor, and on Mortgages, respectively. Transfers and mortgages of ships are required, by the act of Congress of 1850, to be recorded in the customhouse where the ship is registered or enrolled. In other cases transfers of personal property need not be recorded. CHAPTER V. FRAUDULENT TRANSFERS. SECTION 442. Certain transfers of and charges upon lands, void for fraud. 443. Conveyances with power of revocation, void, &c. 444. Conveyances by one authorized to revoke former grants. 445. Conveyance before power vests. 446. Transfers of personal property, in trust for grantor, void. transfers of and charges upon lands, void for § 442. Every instrument in writing, except wills, affect- Certain ing real property, or any estate or interest whatever therein, and every charge upon real property or its rents and profits, fraud. made with the intent to defraud prior or subsequent purchasers, for a valuable consideration, of the same lands, rents or profits, is void as against such purchasers, and those claiming under them. No such instrument or charge is to be deemed fraudulent, in favor of a subsequent purchaser, who has actual or legal notice thereof, at the time of his purchase, unless the Conveyances with power of revocation void, &c. Conveyances by grantee in such conveyance, or person to be benefited by such charge, was privy to the fraud intended. 2 R. S., 134, §§ 1, 2; 137, §§ 3, 6, 7. § 443. Every conveyance or charge of, or upon, any estate or interest in real property, containing any provision for the revocation, determination or alteration, of such estate or interest, or any part thereof, at the will of the grantor, is void, as against a subsequent purchaser, and those claiming under him, from such grantor, for a valuable consideration, of any estate or interest so liable to be revoked or determined, although the same be not expressly revoked, determined or altered by such grantor, by virtue of the power reserved or expressed in such prior conveyance or charge. 2 R. S., 134, § 3. § 444. Where a power to revoke a conveyance of real property, or the rents and profits thereof, and to reconvey the voke former same, is given to any person, other than the grantor in such one autho rized to re grants. Convey ance before Transfers of personal trust for grantor, void. conveyance, and such person thereafter conveys the same property, rents or profits to a purchaser for a valuable consideration, such subsequent conveyance is valid, in the same manner and to the same extent, as if the power of revocation were recited therein, and the intent to revoke the former conveyance expressly declared. 2 R. S., 134, § 4. § 445. If a conveyance to a purchaser, under either of the two last sections, is made, before the person making the same, is entitled. to execute his power of revocation, it is nevertheless valid, from the time the power of revocation actually vests in such person, in the same manner and to the same extent, as if then made. 2 R. S., 134, § 5. § 446. All deeds of gift, all conveyances, and all transproperty, in fers, or assignments, verbal or written, of any personal property, made in trust for the use of the person making the same, are void as against the creditors, existing or subsequent, of such person, and those claiming under such creditors. 2 R. S., 135, § 1. |