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CHAP. 3.

Married

women

residing

$11. When any married woman, not residing in this state, shall join with her husband, in any conveyance of any real out of this estate, situated within this state, the conveyance shall have the same effect as if she were sole; and the acknowledgment or proof, of the execution of such conveyance by her, may be the same as if she were sole.

state.

Proof by subscribing witness.

When and

how witnesses to

$12. The proof of the execution of any conveyance, shall be made by a subscribing witness thereto, who shall state his own place of residence, and that he knew the person described in, and who executed such conveyance; 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 such instrument.

13 W., 541; 1 J. R., 498; 7 W., 366; 2 W., 555.

13. Upon the application of any grantee, in any conveyance, his heirs or personal representatives, or of any person claiming under them, verified by the oath of the applicant, testify con- that any witness to the conveyance, residing in the county

deeds, compelled to

cerning them.

Penalty,

&c., for re

pear to tes

tify.

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 authorised to take the acknowledgment or proof of conveyances, except a commissioner of deeds, may issue a subpoena requiring such witness to appear and testify before such officer, touching the execution of such conveyance.

$ 14. Every person, who being served with such subpoena, fusal to ap- shall, without reasonable cause, refuse or neglect to appear, or appearing, shall refuse to answer upon oath, touching the matters aforesaid, shall forfeit to the party injured, one hundred dollars; and may also be committed to prison by the officer who issued such subpoena, there to remain without bail, and without the liberties of the jail, until he shall submit to answer upon oath as aforesaid.

[759 Certificate of proof,

endorsed on deed; its contents.

S 15. Every officer who shall take the acknowledgment or proof, of any conveyance, shall endorse a certificate thereof, &c., to be signed by himself, on the conveyance; and in such certificate, shall set forth the matters herein before required to be done, known, or proved, on such acknowledgment or proof, together with the names of the witnesses examined before such officer, and their places of residence, and the substance of the evidence by them given.

Effect of proof, &c.

Record,

&c., evidence.

1 R. L., 369, § 1 & 2; 20 B., 371; 13 B., 54; 8 B., 562; 24 W., 92; 13 W., 541; 1 W., 406; Hop., 267; 2 Cow., 552; 4 Ed., 73.

S 16. Every conveyance, acknowledged, or proved, and certified in the manner above prescribed, by any of the officers before named, may be read in evidence, without further proof thereof, and shall be entitled to be recorded.

1 R. L., 369, § 5; 25 W., 274.

$17. The record of a conveyance duly recorded, or a tran

CHAP. 3.

not conclu

script thereof, duly certified, may also be read in evidence, with the like force and effect as the original conveyance. Neither the certificate of the acknowledgment, or of the Certificate proof, of any conveyance, nor the record, or transcript of sive. the record, of such conveyance, shall be conclusive, but may be rebutted, and the force and effect thereof, may be contested by any party affected thereby. If the party contesting When not to the proof of a conveyance, shall make it appear that such proof was taken upon the oath of an interested or incompetent witness, neither such conveyance, nor the record thereof, shall be received in evidence until established by other competent proof.

5 H., 36; 2 H., 54; 3 Du., 95.

be evidence.

of certain

sioners

authenticat

tain cases

clerk.

$18. Where any conveyance shall be proved or acknow- Certificates ledged, before any judge of the county courts, not of the judges and degree of counsellor at law, in the supreme court, or before focers of any commissioner of deeds appointed for any county or city, deeds, to be it shall not be entitled to be read in evidence, or to be recorded, ed in cerin any other county than that in which such judge or com- by county missioner shall reside, unless in addition to the preceding requisites, there shall be subjoined to the certificate of proof or acknowledgment, signed by such judge or commissioner, a certificate under the hand and official seal of the clerk of the county, in which such judge or commissioner resides, specifying that such judge or commissioner was, at the time of taking such proof or acknowledgment, duly authorised to take the same, and that the said clerk is well acquainted with the handwriting of such judge or commissioner, and verily believes, that the signatures to the said certificate of proof or acknowledgment, is genuine.

Laws of 1818, 44, § 5 & 8; 6 N. Y., 422; 1 N. Y., 77; 23 B., 559; 3 W.,
180.

tion quali

19. The last section shall not apply to any conveyance Last sec executed by any agent for the Holland Land Company, or by fied. any agent of the Pulteney estate, lawfully authorised to convey real estate.

to be re

$20. The certificate of the proof or acknowledgment of Certificates every conveyance, and the certificate of the genuineness corded with of the signature of any judge or commissioner, in the cases conveyance. where such last mentioned certificate is required, shall be [760] recorded, together with the conveyance, so proved or acknowledged; and unless the said certificates be so recorded, neither Effect of the record of such conveyance, nor the transcript thereof, shall be read, or received in evidence.

Laws of 1818, 44, § 5.

omission.

ces by TreaConnecti

S21. All conveyances of real estate, executed since the Conveyan tenth day of March, one thousand eight hundred and twenty-surer of five, or hereafter to be executed, by the treasurer of the state cut. of Connecticut, which shall be acknowledged by him before the secretary of state of the state of Connecticut, and the

CHAP. 3.

Married

women

residing

$ 11. When any married woman, not residing in this state, shall join with her husband, in any conveyance of any real out of this estate, situated within this state, the conveyance shall have the same effect as if she were sole; and the acknowledgment or proof, of the execution of such conveyance by her, may be the same as if she were sole.

state.

Proof by subscribing witness.

When and how witnesses to

deeds, comtestify con

pelled to

cerning them.

Penalty,

&c., for re

pear to testify.

$12. The proof of the execution of any conveyance, shall be made by a subscribing witness thereto, who shall state his own place of residence, and that he knew the person described in, and who executed such conveyance; 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 such instrument.

13 W., 541; 1 J. R., 498; 7 W., 366; 2 W., 555.

S 13. Upon the application of any grantee, in any conveyance, his heirs or personal representatives, or of any person claiming under them, verified by the oath of the applicant, that any witness to the 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 authorised to take the acknowledgment or proof of conveyances, except a commissioner of deeds, may issue a subpoena requiring such witness to appear and testify before such officer, touching the execution of such conveyance.

S14. Every person, who being served with such subpoena, fusal to ap- shall, without reasonable cause, refuse or neglect to appear, or appearing, shall refuse to answer upon oath, touching the matters aforesaid, shall forfeit to the party injured, one hundred dollars; and may also be committed to prison by the officer who issued such subpoena, there to remain without bail, and without the liberties of the jail, until he shall submit to answer upon oath as aforesaid.

[759] Certificate

of proof,

endorsed on deed; its contents.

15. Every officer who shall take the acknowledgment or proof, of any conveyance, shall endorse a certificate thereof, &c., to be signed by himself, on the conveyance; and in such certificate, shall set forth the matters herein before required to be done, known, or proved, on such acknowledgment or proof, together with the names of the witnesses examined before such officer, and their places of residence, and the substance of the evidence by them given.

Effect of proof, &c.

Record,

&c., evidence.

1 R. L., 369, § 1 & 2; 20 B., 371; 13 B., 54; 8 B., 562; 24 W., 92; 13 W., 541; 1 W., 406; Hop., 267; 2 Cow., 552; 4 Ed., 73.

S16. Every conveyance, acknowledged, or proved, and certified in the manner above prescribed, by any of the officers before named, may be read in evidence, without further proof thereof, and shall be entitled to be recorded.

1 R. L., 369, § 5; 25 W., 274.

S17. The record of a conveyance duly recorded, or a tran

СНАР. 3.

not conclu

script thereof, duly certified, may also be read in evidence, with the like force and effect as the original conveyance. Neither the certificate of the acknowledgment, or of the Certificate proof, of any conveyance, nor the record, or transcript of sive. the record, of such conveyance, shall be conclusive, but may be rebutted, and the force and effect thereof, may be contested by any party affected thereby. If the party contesting When not to the proof of a conveyance, shall make it appear that such proof was taken upon the oath of an interested or incompetent witness, neither such conveyance, nor the record thereof, shall be received in evidence until established by other competent proof.

5 H., 36; 2 H., 54; 3 Du., 95.

be evidence.

of certain

sioners of

authenticat

tain cases

clerk.

$ 18. Where any conveyance shall be proved or acknow- Certificates ledged, before any judge of the county courts, not of the judges and degree of counsellor at law, in the supreme court, or before of commisany commissioner of deeds appointed for any county or city, deeds, to be it shall not be entitled to be read in evidence, or to be recorded, ed in cerin any other county than that in which such judge or com- by county missioner shall reside, unless in addition to the preceding requisites, there shall be subjoined to the certificate of proof or acknowledgment, signed by such judge or commissioner, a certificate under the hand and official seal of the clerk of the county, in which such judge or commissioner resides, specifying that such judge or commissioner was, at the time of taking such proof or acknowledgment, duly authorised to take the same, and that the said clerk is well acquainted with the handwriting of such judge or commissioner, and verily believes, that the signatures to the said certificate of proof or acknowledgment, is genuine.

Laws of 1818, 44, § 5 & 8; 6 N. Y., 422; 1 N. Y., 77; 23 B., 559; 3 W.,
180.

tion quali

19. The last section shall not apply to any conveyance Last sec executed by any agent for the Holland Land Company, or by fied. any agent of the Pulteney estate, lawfully authorised to convey real estate.

to be re

$20. The certificate of the proof or acknowledgment of Certificates every conveyance, and the certificate of the genuineness corded with of the signature of any judge or commissioner, in the cases conveyance. where such last mentioned certificate is required, shall be [760] recorded, together with the conveyance, so proved or acknowledged; and unless the said certificates be so recorded, neither Effect of the record of such conveyance, nor the transcript thereof, shall be read, or received in evidence.

Laws of 1818, 44, § 5.

omission.

ces by Trea Connecti

S21. All conveyances of real estate, executed since the Conveyan tenth day of March, one thousand eight hundred and twenty-surer of five, or hereafter to be executed, by the treasurer of the state cut. of Connecticut, which shall be acknowledged by him before the secretary of state of the state of Connecticut, and the

TITLE 9.

[679] Licenses

how signed: fee

thereon;

by each person applying; which sum shall not be less than five dollars, nor more than thirty dollars.

1 R. L., 176, § 4; 7 B., 479; 14 J. R., 231; 15 W., 260.

$5. The said licenses shall be signed by the commissioners granting the same, for which they shall collectively be entitled to receive the sum of seventy-five cents; they shall not be how long in issued until the said allowance, and the duty fixed by the board, shall have been paid; when issued, they shall be in force, unless revoked, until the day after the first Monday in May in the succeeding year.

force.

When licen

ses to sell

be drank, to be granted.

1 R. L., 176, § 1 & 4; 1 D., 150; 11 J. R., 178; 2 J. Ca., 346; see Laws of 1843, ch. 97.

S6. Licenses shall not be granted to any person to sell liquors to strong and spirituous liquors and wines, to be drank in the house of the seller, unless such person proposes to keep an inn or tavern, nor unless the commissioners are satisfied that the applicant is of good moral character, that he is of sufficient ability to keep a tavern, and has the necessary accommodation to entertain travellers, and that a tavern is absolutely necessary for the actual accommodation of travellers, at the place where such applicant resides, or proposes to keep the same; all which shall be expressly stated in every such license.

Bonds by tavern keepers.

Tavern

provide certain arti

cles.

1 R. L., 176, § 3; 7 B., 479; 1 H., 656; 15 W., 260; 14 J. R., 231.

$ 7. Nor shall such license be granted, until the applicant shall have executed and delivered to the supervisor, or in case of his absence, one of the justices of the town, a bond to the people of this state, in the penal sum of one hundred and twenty-five dollars, with a sufficient surety, to be approved by the board of commissioners, with a condition that such applicant, during the time he shall keep an inn or tavern, will not suffer it to be disorderly, or suffer any cock-fighting, gaming, or playing with cards or dice, or keep any billiard table or other gaming table, within the tavern so by him kept, or in any out-house, yard or garden, belonging thereto. 1 R. L., 176, § 6; 8 Cow., 139; see Laws of 1843, ch. 97.

S8. Every keeper of an inn or tavern, shall keep in his keepers to house at least two spare beds for his guests, with good and sufficient sheeting and covering for such beds; and shall provide and keep good and sufficient stabling, and provender of hay in the winter, and hay or pasturage in the summer, and grain for four horses or other cattle more than his own stock, for the accommodation of travellers. For every neglect or default in having either of the articles herein required, such keeper shall forfeit five dollars, to be recovered by the overseers of the poor, for the use of the poor.

Penalty.

To keep a sign.

1 R. L., 176, § 9; 3 H., 156.

$9. Every innholder or tavern-keeper, shall, within thirty days after obtaining his license, put up a proper sign, on or

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