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FEES OF CONSTABLES.
The same fees as are allowed to sheriffs for like services.
FEES OF COroners.
Coroners shall be allowed ten dollars for each inquest, and thirty cents per mile for each mile necessarily travelled in going to and returning from the place of inquest, to be paid by the county. For all services performed in the place of the sheriff, the same fees as are allowed to the sheriff for his services.
FEES OF NOTARIES PUBLIC.
For noting a bond, bill of exchange, or promissory note for
For each protest and record of the same,
For each notice of protest,
For each certificate and seal,
For all other cases the same fees as justices of the peace for like services.
FEES OF JUDGES AND CLERKS OF ELECTIONS.
Each judge and clerk of election shall be entitled to six dollars per day for each days' service as such judge or clerk, to be paid out of the county treasury.
Each messenger conveying election returns to the clerk of the county shall be entitled to the same per diem as the judges and clerks, and thirty cents per mile for the distance necessary to be travelled in going to and returning from the office of said county clerk.
FEES OF MASTERS IN CHANCERY.
For hearing each application for a writ of injunction, or other writ,
For report and opinion in every case referred to him to take
For taking depositions either in cases referred or to be used in courts, for each one hundred words, including certificates,
For the attendance to take depositions at the request of any party, whether depositions are taken or not, per diem, This act shall take effect from and after its passage.
[Approved February 9, 1865.]
AN ACT concerning Conveyances.
Be it enacted by the Legislative Assembly of the Territory of Montana:
SEC. 1. Conveyances of land or of any estate or interest thereon, may be made by deed, signed by the person from whom the estate or inter.st is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or proved and recorded as hereinafter directed.
SEC. 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.
SEC. 3. Every conveyance in writing whereby any real estate is conveyed, or may be affected, shall be acknowledged or proved and certified in the manner hereinafter provided.
SEC. 4. The proof or acknowledgment of every conveyance affecting any real estate, shall be taken by some one of the following officers: First, If acknowledged or proved within this Territory, by some judge or clerk of a court having a seal, or by some notary public or justice of the peace of the proper county. Second, If acknowledged or proved without this Territory and within the United States, by some judge or clerk of any court of the United States, or of any State or Territory, having a seal, or by any commissioner appointed by the governor of this Territory for that purpose. Third, If acknowledged or proved without the United States, by some judge or clerk of any court of any state, kingdom or empire, having a seal, or by any notary public therein, or by any
minister, commissioner or consul of the United States appointed to. reside therein.
SEC. 5. Every officer who shall take the proof or acknowledgment of any conveyance affecting any real estate, shall grant a certificate thereof, and cause such certificate to be endorsed or annexed to such conveyance. Such certificate shall be, when granted by any judge or clerk, under the hand of such judge or clerk and the seal of the court; when granted by any officer who has a scal of office, under the hand and official seal of such officer.
SEC 6. No acknowledgment of any conveyance whereby any real estate is conveyed or may be affected, shall be taken, unless the person offering to make such acknowledgment shall be personally known to the officer taking the same, to be the person whose name is subscribed to such conveyance, as a party thereto, or shall be proved to be such by oath or affirmation of a credible witness.
SEC. 7. The certificate of acknowledgment shall state the fact of acknowledgment, and that the person making the same was personally known to the officer granting the certificate to be the person whose name is subscribed to the conveyance as a party thereto, or was proved to be such by the oath or affirmation of a credible witness, whose name shall be inserted in the certificate.
SEC. 8. Such certificate shall be substantially in the following form, to wit:
TERRITORY OF MONTANA,
On this A. D. 18, personally appeared before me, a notary public, (judge or other officer as the case may be.) in and for said county, A. B, personally known to me to be the person described in, and who executed the foregoing instrument; and who acknowledged to me that he executed the same freely and voluntarily, and for the uses and purposes therein mentioned.
SEC. 9. When the grantor is unknown to the judge or other officer taking the acknowledgment, the certificate may be in the following form, to wit:
TERRITORY OF MONTANA,
peared before me, a notary public, (judge or other officer) in and for said county, A. B., satisfactorily proved to me to be the person described in, and who executed the within conveyance, by the oath of C D., a competent and credible witness, for that purpose by me duly sworn, and he, the said A. B., acknowledged that he executed the same freely and voluntarily, for the uses and purposes therein mentioned.
SEC. 10. The proof of the execution of any conveyance, whereby any real estate is conveyed or affected, shall be: First, By the testimony of a subscribing witness; or, (Second, When all the subscribing witnesses are dead, or) cannot be had, by evidence of the handwriting of the party, and at least one subscribing witness.
SEC. 11. No proof of a subscribing witness shall be taken unless such witness shall be personally known to the officer taking the proof, to be the person whose name is subscribed to the conveyance as witness thereto, or shall be proved to be such by the oath or affirmation of a credible person.
SEC. 12. No certificate of such proof shall be granted unless such subscribing witness shall prove that the person whose name is subscribed thereto as a party, is the person described in, and who executed the same, that such person executed the conveyance, and that such witness subscribed his name thereto as a witness thereof.
SEC. 13. The certificate of such proof shall set forth the following matters: First, The fact that such subscribing witness was known to the officer granting the certificate, to be the person whose name is subscribed to such conveyance as a witness thereto, or was proved to be such by oath or affirmation of a witness, whose name shall be inserted in the certificate. Second The proof given by such witness of the execution of such conveyance, and of the facts that the person whose name is subscribed to such conveyance as a party thereto, is the person who executed the same, and that such witness subscribed his name to such conveyance as a witness thereof.
SEC. 14. No proof of evidence of the handwriting of the party, and of a subscribing witness, shall be taken unless the officer taking the same shall be satisfied that all the subscribing witnesses to such conveyance are dead, or cannot be had to prove the execution thereof.
SEC. 15. No certificate of such proof shall be granted, unless
a competent and credible witness shall state on oath or affirmation that he personally knew the person whose name is subscribed thereto as a party, well knew his signature, (stating his means of knowledge,) and believes the name of the person subscribed thereto as a party, was subscribed by such person, nor unless a competent and credible witness shall in like manner state that he personally knew the person, whose name is subscribed to such conveyance as a witness, well knew his signature, (and stating his means of knowledge,) and believes the name subscribed thereto as a witness was thereto subscribed by such person.
SEC. 16. Upon the application of any grantee in any conveyance required by this act to be recorded, or by any person claiming under such grantee, verified under the oath of the applicant that any witness to such conveyance residing in the county where such application is made, refuses to appear and testify touching the execution thereof, and that such conveyance cannot be proved without his evidence, any officer authorized to take the acknowledgment for proof of such conveyance, may issue a subpoena requiring such witness to appear before such officer and testify touching the execution thereof.
SEC. 17. Every person who, being served with a subpoena, shall without reasonable cause refuse or neglect to appear, or appearing shall refuse to answer upon oath touching the matter aforesaid, shall be liable to the party injured, in the sum of one hundred dollars, and for such damages as may be sustained by him on account of such neglect or refusal, and may also be committed to prison by the judge of some court of record, there to remain, without bail, until he shall submit to answer upon oath as aforesaid; but no person shall be required to attend who resides out of the county in which the proof is taken, unless his reasonable expenses be first tendered.
SEC. 18. A certificate of the acknowledgment of any conveyance, or the proof of the execution thereof, as provided in this act, signed by the officer taking the same, and under the seal of the officer, shall entitle such conveyance, with the certificate or certificates as aforesaid, to be recorded in the office of the recorder of any county in this Territory.
SEC. 19 A married woman may convey any of her real estate by any conveyance thereof, executed and acknowledged by herself