Page:1862 Territory of Dakota Session Laws.pdf/287

270 upon issue a summons to the grantor to appear at a certain time and place before the said justice, to hear the testimony of the subscribing witnesses to the deed; and the said summons, with a copy of the deed annexed, shall be served at least seven days before the time therein assigned for proving the deed.

. 16. At the time mentioned in such summons, or at any time to which the hearing may be adjourned, the due execution of the deed may be proved by the testimony of one or more of the subscribing witnesses, and if proved to the satisfaction of the justice, he shall certify the same thereon; and in such certificate he shall note the presence or absence of the grantor, as the fact may be.

. 17. If any grantor, residing in this territory, shall refuse to acknowledge his deed, and the subscribing witnesses thereto shall all be dead or out of the territory, it may be proved before any court of record in this territory, by proving the handwriting of the grantor or of any subscribing witness, the said court first summoning the grantor for the purpose in the manner before provided in this chapter.

. 18. The court or justice before whom any deed may be presented to be proved, as provided in the preceding sections, may issue subpænas to the subscribing witnesses or others, as the case may require, to appear and testify touching the execution of such deed, which subpænas may be served in any part of this territory.

. 19. Every person who, being served with such subpæna shall, without reasonable cause, refuse or neglect to appear, or, appearing, shall refuse to answer on oath touching the matters aforesaid, shall be liable to the injured party in the sum of one hundred dollars damage, and for such further damages as such party may sustain thereby; and may also be committed to prison, as for a contempt, by the court or justice who issued such subpæna, there to remain until he shall submit to answer upon oath as aforesaid.

. 20. Any person interested in a deed that is not acknowledged, may, at any time before or during such application to a court of record, or such proceedings before a justice, file in the office of the register of deeds of the county where the lands are situated, a copy of the deed compared with the original by the register, which shall, for the space of