Hundred weight and

ton.

Bushels of

of trade or traffic shall be injured or defrauded, such seller or purchaser may maintain an action on the case against the offender, and if judgment shall be rendered for the plaintiff he shall recover treble damages and costs of suit.

$23. That the hundred weight shall consist of one hundred pounds avoirdupois, and twenty such hundreds shall constitute a ton."

$24. That whenever wheat, rye, Indian corn, barley or oats, shall wheat, rye, be sold by the bushel, and no special agreement as to the measurement or weight thereof shall be made by the parties, the bushel shall consist of sixty pounds of wheat, fifty-six pounds of rye or Indian corn, forty-five pounds of barley and thirty-two pounds of oats.

Estates tail abolished.

Persons

seised in fee

allodial es

tate.

AN ACT concerning the tenure of real property, the persons capable of holding and conveying, and the manner of transmitting the title thereto.

1st. Tenure of real property.

2d. Persons capable of holding and conveying real estate.

3rd. Of conveying estates by deed.

4th. Manner of devising land and directing the descent of intestate estates.
5th. Sale of mortgaged premises by advertisement.

6th. Of the partition of land.

7th. Miscellaneous provisions.

Tenure of real property.

$1. All estates tail shall be and are hereby abolished; and in all cases where any person or persons now is or are seised in fee tail of any lands, tenements or hereditaments, such person or persons shall be deemed to be seised of an allodial estate.

$ 2. In all cases where any person or persons would, if this act tail to hold had not been passed, at any time hereafter become seised in fee tail, of any lands, tenements or hereditaments, by virtue of any devise, gift, grant, or other conveyance heretofore made, or hereafter to be made, or by any other means whatsoever, such person or persons, instead of becoming seised thereof in fee tail, shall be deemed and adjudged to be seised thereof as an allodium.

Conveyance by tenant

voy allodial estate in certain ca

$3. Where lands, tenements or hereditaments heretofore have in tail, to con- been devised, granted, or otherwise conveyed by a tenant in tail, and the person or persons to whom such devise, grant or other conveyance hath been made, his, her, or their heirs or assigns, hath or have from the time such devise took effect, or from the time such grant of other conveyance was made, to the day of passing this act, been in the uninterrupted possession of such lands, tenements or hereditaments, and claiming and holding the same under, or by virtue of such devise, grant, or other conveyance, then such devise, grant or other conveyance, shall be deemed as good, legal and effectual, to all intents and purposes, as if such tenant in tail had, at the time of making such devise, grant or other conveyance, been seised of such lands, tenements or hereditaments allodially, any law to the contrary hereof notwithstanding.

joint tenan.

&c.

No estate in $4. No estate in joint tenancy in lands, tenements, or heredita7, except, ments, shall be held or claimed by or under any grant, devise or conveyance whatever, hereafter to be made, other than to executors or trustees, unless the premises therein mentioned shall expressly be thereby declared to pass, not in tenancy in common, but in joint te nancy; and every such estate, other than to executors or trustees,

unless otherwise expressly declared as aforesaid, shall be deemed to be in tenancy in common; any law, custom or usage to the contrary notwithstanding.

Persons capable of holding and conveying real estate.

whein lands

$5. Any person lawfully seised of any lands, tenements or here- How and by ditaments, within this territory, in his or her own right, in fee simple, conveyed. or for the life or lives of any other person or persons of the age of twenty-one years or upwards, and of sane mind, shall have power to give, dispose of, and devise the same, as well by last will and testament in writing, as otherwise, by any act executed in his or her lifetime, to and among his or her children, or others, as he or she shall think fit.

purchase

estate.

$6. It shall and may be lawful for any alien or aliens to purchase Aliens may lands, tenements and hereditaments within this territory, and to and hold real have and to hold the same to himself, herself or themselves, to his, her or their heirs and assigns forever, as fully to all intents and purposes as any natural born citizen of the United States can, may or does; and it shall and may be lawful for all aliens to mortgage and to take mortgages in his, her, or their own names, of land or lands, tenements and hereditaments, in the same manner as natural born citizens of the United States.

$7. The title of any person or persons to any lands, tenements Title not and hereditaments within this territory, heretofore conveyed, shall for alienage. questioned not be questioned or impeached by reason of the alienage of any person or persons from or through whom such title may have been derived.

hold land

scent, &c.

$8. All persons authorized by this act to purchase and hold land Who can in this terrritory, may also take and acquire by devise or descent: and acquire Provided, That nothing in this act shall be construed to confer on title by deany alien any other right or privilege appertaining to citizens of the United States, except those of taking, holding and disposing of real estate within this territory.

Of conveying estates by deeds.

deemed va lid deed.

59. All deeds or other conveyances of any lands, tenements or what to be hereditaments, lying in this territory, signed, sealed and delivered by the parties granting the same, having good and lawful right and authority thereunto, and signed by two or more witnesses, and acknowledged by such grantor or grantors, or proved and recorded as hereinafter provided, shall be good and valid to pass the same lands, tenements or hereditaments, to the grantee or grantees, without any other act or ceremony in law whatever.

to be ac

ed.

$10. All such deeds or other conveyances of or concerning any Deeds, &e. lands, tenements or hereditaments lying within this territory, or knowledged whereby the same may be in anywise affected in law or equity shall and recordbe acknowledged by the party or parties executing the same, or proved by one or more of the subscribing witnesses thereto, before one of the judges or commissioners of the supreme court, a notary public, or a justice of the peace of any county within this territory and a certificate of such acknowledgment or proof being endorsed thereon, and signed by the person before whom the same was taken, such deed or conveyance shall be recorded in the office of register of deeds for

judged fraudulent.

the county where such lands, tenements or hereditaments respectiveWhen ad- ly are situated, lying and being; and every such deed or conveyance that shall at any time after the publication hereof be made and executed, and which shall not be acknowledged, proved and recorded as aforesaid, shall be adjudged fraudulent and void against any subsequent purchaser or mortgagee, for valuable consideration, without notice, unless such deed or conveyance be recorded as aforesaid, before the recording of the deed or conveyance under which such subsequent purchaser or mortgagee may claim.

Deed of

feme covert

to dower.

S 11. Where any feme covert shall join with her husband in any to bar claim deed or conveyance, of or relating to any lands or real estate, situated within this territory, or where she alone, without joining with her husband, shall execute a release of dower, she shall be barred of and from all claim of dower, and all other right and title therein, in like manner as if she were sole; and the acknowledgment or proof of such deed, conveyance or writing, may be the same as if she were sole, and shall entitle such deed, conveyance or writing to be recorded as aforesaid.

Deed of sheriff to be good.

Deeds to be recorded in order of time, &c.

When received as evidence.

Deeds made out of terri

ledged.

$ 12. All deeds or conveyances by a commissioner, sheriff, or other officer, for lands sold by virtue of any decree or judgment of any court, or by virtue of any power of sale contained in any mortgage, shall be good and effectual for passing such title to the lands so sold, as the person may have in whose name they may be sold, and as such commissioner, sheriff, or other officer may be authorized to convey.

S 13. Every deed, conveyance or other writing, of or concerning any lands or real estate within this territory, which by virtue of this act shall be entitled to be recorded, shall be recorded in the order of the time when the same shall be delivered to any register for that purpose, and shall be considered as recorded from the time it was so delivered; and the said register shall make an entry in the margin of the record thereof, of the day, month and year, and the time of the day when the same is recorded, and endorse and sign a certificate on such deed, conveyance or writing, of the particular time when, and the book and page in which the same is so recorded; and every deed, conveyance or writing, so acknowledged or proved, whether the same be recorded or not, or the record or a transcript of the record, certified by the register in whose office the same may be recorded, under his hand, may be read in evidence in any court in this territory, without farther proof thereof.

$ 14. All deeds and conveyances of lands, tenements or hereditatory how to ments, situate, lying and being within this territory, which shall be acknow. hereafter be made and executed in any other territory, state or country, whereby such lands, tenements or hereditaments shall be conveyed in whole or in part, or otherwise affected or incumbered in law, shall be acknowledged or proved, and certified according to and in conformity with the laws and usage of the territory, state, or country, in which such deeds or conveyances were acknowledged and proved; and all such deeds and conveyances are hereby declared effectual and valid in law to all intents and purposes, as though the same acknowledgments had been taken, or proof of execution made within this territory, and in pursuance of the laws thereof; and such deeds and conveyances so acknowledged or proved as aforesaid, may be ad

mitted to be, and shall be recorded in the respective counties in which such lands, tenements or hereditaments, do or may lie.

acknowledged to be va

lid.

S 15. All deeds and conveyances of lands, tenements and heredi- Deeds so taments, situate, lying and being within this territory, which have acknowl been acknowledged or proved in any other territory, state or country, according to and in compliance with the laws and usages of such territory, state or country, and which deeds or conveyances have been recorded in this territory, are hereby confirmed and declared effectual and valid in law to all intents and purposes, as though the said deeds or conveyances so acknowledged or proved and recorded, had, prior to being recorded, been acknowledged or proved within this territory.

be recorded.

$16. All mortgages of any lands or tenements situated in this ter- Mortgages to ritory, and the power of sale, if any therein mentioned or contained, shall be recorded at length in proper books kept for that purpose by the register of deeds of the county where such lands or tenements are situated.

first record

if bona fide.

$17. In case of several mortgages of the same premises, or any Mortgage part thereof, the mortgage or mortgages which shall be first recorded ed to have as aforesaid, shall have preference in all courts of law and equity, ac- preference, cording to the time of registry of such mortgages, respectively: Provided, The mortgage or mortgages so preferred (to) be made bona fide, and upon good and valuable consideration: And further, That no mortgage, nor any deed, conveyance or writing in the nature of a mortgage, shall defeat or prejudice the title or interest of any bona fide purchaser of any lands or tenements, unless the same shall have been duly recorded as aforesaid.

when con

$18. Every deed conveying real estate, which by any other in- Conveyanc strument in writing shall appear to have been intended as a security sidered a in the nature of a mortgage, though it be an absolute conveyance in mortgage. terms, shall be considered as a mortgage, and deemed and adjudged to be liable to be recorded, as other mortgages are by virtue of this act; and the person or persons for whose benefit such deed shall be made, shall not have the privilege of foreclosure by advertisement, unless every instrument and writing operating as a defeasance of the same, or explanatory of its being designed to have the effect only of To be rea mortgage, or conditional deed, be also therewith recorded, in sub-corded. stance, as in case of mortgage.

preferred to

$ 19. Whenever any lands are sold and conveyed, and a mort- what mortgage is given at the same time by the purchaser, to secure the pay-gages to be ment of the purchase money, such mortgage shall be preferred to any judgments. previous judgment which may have been obtained against such purchaser.

Certificate

of discharge to bar entry

$20. When any mortgage so recorded shall be redeemed or discharged, and a certificcate thereof, signed by the mortgagee, or mortgagees, his or their personal representatives or assigns, in the presence of mortgage. of two or more witnesses, and proved or acknowledged in the same manner as the execution of such mortgage is above directed to be proved and acknowledged, and such proof or acknowledgment also certified in like manner, be produced to the register of deeds of the county in which the same is recorded, the said register shall record the same in the said book of record of mortgages, which record shall

Devises, &c.

ed.

be deemed and taken to be an absolute bar to the first entry of such mortgage or mortgages.

Manner of devising lands, and directing the descent of intestate

estates.

$21. All devises and bequests of any lands or tenements shall be how execut in writing, and signed by the party so devising the same, or by some person in his presence and by his express direction, and shall be attested and subscribed in the presence of the said devisor by three or more credible witnesses, or else shall be void and of no effect.

How wills,

revoked.

$22. No will of land, tenement or hereditament, or any clause &c. may be thereof, shall be revokable, otherwise than by some other will, codicil or other writing, executed in the presence of three witnesses, declaring the same, or by burning, cancelling, tearing or obliterating the same, by the testator himself, or in his presence and by his direction and

Nuncupa

how made.

consent.

S23. No nuncupative will shall be good when the estate thereby tive wills, bequeathed shall exceed the value of one hundred and fifty dollars, that is not proved by the oath of three witnesses at least, that were present at the making thereof, nor unless it be proved that the testator, at the time of pronouncing the same, did bid the persons present, or some of them, to bear witness that such was his will, or to that effect; nor unless such nuncupative will were made in the time of the last sickness of the deceased, and in the house of his or her habitation or dwelling, or where he or she had been resident for the space of ten days or more, next before the making of such will, except where such person was unexpectedly taken sick, being from home, and died before he or she returned to the place of his or her habitation. $24. After six months shall have passed after speaking any pretended testamentary words, no testimony shall be received to prove the same as a nuncupative will, unless the said words, or the substance thereof, were reduced to writing within six days after the same testamentary words were spoken. Nor shall letters testamentary or probate of any nuncupative will pass the seal of any probate court, until fourteen days at least after the decease of the testator, be fully expired. Nor shall any nuncupative will be at any time approved and allowed, unless process shall first have issued to call in the widow and other person or persons principally interested, if resident within the territory, to the end that they may contest the same, if they please.

Jb. how

proved.

Legacy to

witness of will, &c. void.

$25. If any person has attested or shall attest the execution of any will or codicil, to whom any beneficial devise, legacy, estate, interest, gift or appointment of or affecting any real or personal estate, other than and except charges on lands, tenements or hereditaments, for the payment of any debt or debts, shall be thereby given or made, such devise, legacy, estate, interest, gift or appointment shall, so far only as concerns such person attesting the execution of such will or codicil, or any person claiming under him, be utterly void; and such person shall be admitted as a witness to the execution of such will or codicil, such devise, legacy, estate, interest, gift or appointment notwithstanding.