Page:1862 Territory of Dakota Session Laws.pdf/286

CHAP. XXXI.] . 10. In the cases provided for in the last preceding section, unless the acknowledgment be taken before a commissioner appointed by the governor of this territory for that purpose, such deed shall have attached thereto a certificate of the clerk, or other proper certifying officer of a court of record of the county or district within which such acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be; that he believes the signature of such person subscribed thereto, to be genuine; and that the deed is executed and acknowledged according to the laws of such state, territory, or district.

. 11. When any married woman, residing in this territory, shall join with her husband in deed of conveyance of real estate, situate within this territory, the acknowledgment of the wife shall be taken separately apart from her husband, and she shall acknowledge that she executed such deed freely and without any fear or compulsion from any one.

. 12. When any married woman, not residing in this territory, shall join with her husband in any conveyance of real estate, situated within this territory, 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.

. 13. When any grantor shall die, or depart from or reside out of this territory, not having acknowledged his deed, the due execution thereof may be proved by any competent subscribing witness thereto, before any court of record in this territory.

. 14. If all the subscribing witnesses to such deed shall also be dead or out of this territory, the same may be proved before any court of record in this territory by proving the handwriting of the grantor, and of any subscribing witness thereto.

. 15. If any grantor, residing in this territory, shall refuse to acknowledge his deed, the (grantor) or any person claiming under him, may apply to any justice of the peace in the county where the land lies, or where the grantor or any subscribing witness to the deed resides, who shall there-