Page:1862 Territory of Dakota Session Laws.pdf/492

CHAP. LXXXIV.] shall be certified by the surveyor and the officers, and every person or persons whose duty it shall be to comply with the foregoing requisitions, shall, at or before the time of offering said plat or map for record, acknowledge the same before any person authorized to take the acknowledgment of deeds. A certificate of such acknowledgment shall, by the officer taking the same, be indorsed on the plat or map, which certificate of the survey and acknowledgment shall also be recorded and form a part of the record.

. 5. When the plat or map shall have been made out and certified, acknowledged and recorded, as required by this chapter, donation or grant to the public, or any individual or individuals, religious society or societies, or to any corporation or body politic, marked or noted as such on said plat or map, shall be deemed, in law and equity, a sufficient conveyance to vest the fee-simple of all such parcel or parcels of land as are therein expressed, and shall be considered to all [intents] and purposes a general warranty against such donor or donors, their heirs or representatives to said donee or donees, grantee or grantees, for his, her, or their use, for the uses and purposes therein named, expressed and intended, and no other use and purpose whatever; and the land intended to be [used] for the streets, alleys, ways, commons, or other public uses, in any town or city or addition thereto, shall be held in the corporate name thereof, in trust to and for the use and purposes set forth and expressed or intended.

. 6. If the county in which said town or addition is situated shall not be organized, then in that case the plat or map shall be recorded in the register's office of that county to which the county in which said town is situated shall at the time be attached for judicial purposes.

. 7. When any town, addition, or subdivision has been heretofore laid out and lots sold in this territory, by agents or proprietors, and a plat or map of the same has not been acknowledged and recorded in conformity with acts heretofore in force, it shall be the duty, and it is hereby required of the county commissioners, or a majority of them, in such county, or proprietor or proprietors, who have laid out the same, or his, her, or their legal representatives, to have the same fairly, fully, and clearly made out, acknowledged and recorded in the proper county, in the form and manner required by this