Page:United States Statutes at Large Volume 31.djvu/557

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 505 Sec. 92. Every person duly served with such subpcnna who shall, w*;*;,‘;§;{(§$’,;§{}}§lf‘g without reasonable cause, refuseor neglect to appear, or appearin ‘ shall refuse to answer upon oath touchin the matter aforesaid, shag forfeit to the injured party one hundred dollars, and may also be committed to prison as for a contempt by the officer who issued such subpoena, there to remain until he shall submit to answer on oath as aforesaid. . Sec. 93. Every officer who shall take the proof of any conveyance Certiticate ogdpmor shall indorse his certificate thereon, signed by himself on the convey- §‘L,.§? “‘d°” °“ ance, and in such certificate shall set forth the thin hereinbefore required to be done, known, or proved, together with iglie names of the witnesses examined before Such officer, and their places of residence, and the substance of the evidence by them given. Sec. 94. EVB1‘y conveyance acknowledged or proved or certiiied in ,e§g§d1g{9*é¤**¤¤¤>‘•»¤ the manner hereinbefore prescribed b any of the officers before named I °°°°` may be read in evidence witlfout furtlier p1‘0Of thereof, and shall be entitled to be recorded in the precinct in which the lands lie. Sec. 95. Separate books shall be provided by the commissioner in m§xg°°*fd¤¤¤S¤¤<1 each recording district or precinct for the recording of deeds and mort- gag ` gages, in one of which books all deeds left with such commissioner shall be recorded at full length, with the certificates of acknowledgment or proof of the execution thereon, and in the other all mortgages left with the commissioner shall in like manner be recorded. Sec. 96. The commissioner shall certify u on each conveyance _ Qenificure ·.·¤ conrecorded by him the time when it was received) and the reference to `€i°°°°` the book and the page where it is recorded, and everv conveyance shall be considered as recorded at the time it was so received. Sec. 97. The commissioner shall also keep a proper index, direct I“"°X °“°°°*dS· and inverted, to the books for the recording of deeds, and also one to the books for the recording of mortgages, in which he shall enter alphabetically the name of every party to each and every instrument recorded by him, with a reference to the book and page where the same is recorded. Sec. 98. Every conveyance of real property within the district here- m‘g*gF°?,$*d¤d s<é¤ve>·- after made which shall not be tiled for record as provided in this chap- umd lleriiidfn as t° ter shall be void against any Subsequent innocent purchaser in good faith and for a valuable consideration of the same real property, o1· any portion thereof, whose conveyance shall be Erst duly recorded. Sec. 99. The record of a conveyance duly recorded, or a transcript effjgggg °"*¤¤S<‘dP* thereof duly certified b Y the commissioner in whose office the same ` may have been recorded, may be read in evidence in any court in the district with the like force and eifect as the original instrument; but . the effect of such evidence may be rebutted by other competent evidence. . Sec. 100. When a deed purports to be an absolute conveyance in d€§§:$gcg* dsdds df terms, but is made or intended to be made defeasible by force of a ` deed of defeasance or other instrument for that Hpurpose, the original conveyance shall not be thereby defeated or a ected as against any person other than the maker of the defeasance, or his heirs or devisees, or persons having actual -notice thereof, unless the instrument of defeasance shall have been recorded in the office of the commissioner fo1· the precinct where the lands lie. Sec. 101. The recording of the assignment of a mortgage shall not mg${g{·}m;·jt ;~jig¤- in itself be deemed notice of such assignment to the mortgagor, his g g ` heirs or personal representatives, so as to invalidate any payment made by them or either of them to the mortgagee. Sec. 102. Any mortgage that has been or may hereafter be recorded gag;;`°ll’:;g° l;>]{n¤¤§$i may be discharged by an entry in the margin of the record thereof, mm-. "g signed by the mortgagee or his personal representative or assignee, ·