Page:1862 Territory of Dakota Session Laws.pdf/288

CHAP. XXXI.] thirty days thereafter, in case of proceedings before a justice, and in case of proceedings before a court of record, for the space of ten days after the first day of the next term of such court, have the same effect as the recording of the deed, if such deed shall, within that time, be duly proved and recorded.

. 21. If at the expiration of the time mentioned in the preceding section for that purpose, such proceedings for proving the execution of the deed shall be pending before a justice of the peace, the effect of filing such copy shall con- tinue until the expiration of seven days after the termination of the proceedings, if such deed shall within that time be duly proved and recorded.

. 22. A certificate of the acknowledgment of any deed, or of the proof of the execution thereof, before a court by court, or by the justice before whom the same was taken, as provided in this chapter, and in the cases where the same is necessary, the certificate required by the tenth section of this chapter shall entitle such deed, certificate or certificates aforesaid, to be recorded in the office of the register of deeds of the county where the land lies.

. 23. Every conveyance of real estate within this territory hereafter made, which shall not be recorded as provided by law, shall be void, as against any subsequent purchaser in good faith, and for a valuable consideration, of the same real estate, or any portion thereof, whose conveyance shall be first duly recorded.

. 24. Deeds of pews and slips in any church may be recorded by the register of deeds of the county in which such church is situated, or by the clerk of the society or proprietors, if incorporated or legally organized; and such clerks shall receive the same fees as the register of deeds is entitled to for similar services.

. 25. All conveyances and other instruments authorized by law to be recorded, and which shall be acknowledged or proved, as provided in this chapter, and if the same shall have been recorded, the record, or a transcript of the record, certified by the register in whose office the same may have been recorded, may be read in evidence in any court within this territory without further proof thereof; but the effect of court.