of such person subscribed thereto to be genuine, and that the deed or mortgage is executed and acknowledged according to the laws of such state, territory or district.

non-resident.

SEC. 11. When any married woman not residing in Harried woman this territory, shall join with her husband in any conveyance of real estate situate 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.

SEC. 12. A certificate of the acknowledgment of any deed or mortgage, or of the proof of the execution thereof, before a court of record or justice of the peace, signed by the clerk of such court (or by the justice,) before whom the same was taken, as provided in this title, and in the cases where the same is necessary, the certificate required by the tenth secton of this title, shall entitle such deed or mortgage certificate or certificates aforesaid, to be recorded in the office of the register of deeds of the county where the land

lies.

Certificate.

recorded.

SEC. 13. Every conveyance of real estate within this Conveyance not 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.

SEC. 14. Deeds or mortgages 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 clerk shall receive the same fees as the register of deeds is entitled to for similar services.

SEC. 15. All conveyances and other instruments authorized by law to be recorded, and which shall be acknowledged or proved, as provided in this title, and if the same shall have been recorded, the record or a transcript of the record, certified by the register, may be read as evidence in any court within this territory without further proof

Paws and spa.

Record to be evidence.

thereof, but the effect of such evidence may be rebutted by other competent testimony.

SEC. 16. When a deed or mortgage purports to be an absolute conveyance in terms, but is made or intended to be made defeasible by force of a deed of defcasance, or other instrument for that purpose, the original conveyance shall not be thereby defeated or effected as against any person other than the maker of the defeasance, or his heirs or devisces, or persons having actual notice thereof, unless the instrument of defeasance shall have been recorded in the office of the register of deeds of the county where the

lands lie.

SEC. 17. The recording of the assignment of a mortgage shall not in itself, be deemed notice of such assignment to the mortgagor, his heirs or personal representatives, so as to invalidate any payment made by them or either of them to the mortgagee.

SEC. 18. The term "purchaser," as used in this title, sha'l be construed to embrace every person to whom any estate or interest in real estate shall be conveyed for a valuable consideration, and also every assignee of a mortgage or lease, or other conditional estate.

SEC. 19. The term conveyance, as used in this title, shall be construed to embrace every instrument in writing by which any estate or interest in real estate is created, aliened, mortgaged or assigned, or by which the title to any real estate may be effected in law or equity, except wills, leases for a term not exceeding three years, and executing contracts for the sale or purchase of lands.

SEC. 20. The preceding section shall not be construed to extend to a letter of attorney, or other instrument, containing a power to convey lands as agent or attorney for the owner of such lands, but every such letter or instrument and every executory contract for the sale or purchase of lands, when acknowledged or proved in the manner prescribed in this chapter, may be recorded by the register of deeds of any county in which the lands to which such persons or contract relates may be situated, and where so

acknowledged or approved, and the record thereof when recorded, or a transcript of such record duly certified, may be read in evidence in the same manner and with like effect as a conveyance recorded in such county.

SEC. 21. No letter of attorney or other instrument so recorded, shall be deemed to be revoked by any act of the party by whom it was executed, unless the instrument containing such revocation be also recorded in the same office in which the instrument containing the power was recorded.

SEC. 22. A scroll or device used as a seal upon any deed of conveyance or other instrument whatever, whether intended to be recorded or not, shall have the same force a 'd effect as a seal attached thereto, or impressed thereon; but this section shall not be construed to apply to such official seals, as are or may be provided by law.

SEC. 23. All conveyances of real estate heretofore Convey a neos made and acknowledged, or proved in accordance with the heretofore made laws of this territory, in force at the time of such making, and acknowledgment or proof, shall have the same force as evidence, and be recorded in the same manner and with the like effect as conveyances executed and acknowledged in pursuance of this title.

SEC. 24. Any mortgage that has been, or hereafter may be recorded, may be discharged by an entry in the margin of the record thereof, signed by the mortgagee or his personal representative, or assignee acknowledging the satisfaction of the mortgage in the presence of the register of deeds or his deputy, who shall subscribe the same as a witness, and such entry shall have the same effect as a deed of release, duly acknowledged and recorded.

SEC. 25. Any mortgage shall be discharged upon the record thereof, by the register of deeds in whose custody it shall be whenever there shall be presented to him a certificate executed by the mortgagee, his personal representatives or assigns, acknowledged or proved, and certified as herein before prescribed, to entitle conveyances to be recorded, specifying that such mortgage has been paid or otherwise satisfied or discharged.

Discharge

Record of reg itor of d eds.

Recorded at Pull length.

Mortgage la

SEC. 26. Every such certificate, and the proof or acknowledgment thereof, shall be recorded at full length, and a reference shall be made to the book and page, containing such record in the minute, in the discharge of such mortgage made by the register upon the record thereof.

SEC. 27. If any mortgagee or his personal representable to mortgagor, tive, or assignee, as the case may be, after a full performance of the condition of the mortgage, whether before or after the breach thereof, shall, for the space of seven days, after being thereto requested, and after tender of his reasonable charges, refuses or neglects to discharge the same as provided in this title, or to execute and acknowledge a certificate of discharge or release thereof, he shall be liable to the mortgagor, his heirs, or assigns, in the sua of one hundred dollars damages, and also for all actual damages occasioned by such neglect or refusal to be recovered in a civil action. SEC. 28. This act shall take effect from and after its passage, and approval by the governor. Approved, December 10, 1869.

DISTRIBUTION,

Parcenary dis

Wibution.

CHAPTER 41.

AN ACT REGULATING DESCENT AND DISTRIBUTION OF PROPERTY.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming:

SEC. 1. That whenever any person having title to any real estate or property, having the nature or legal character of real estate or personal estate undisposed or otherwise limited by marriage settlement, shall die intestate as to such estate, it shall descend and be distributed in parcenary to his kindred, male and female, subject to the payment of his debts in the following course and manner, namely: If such

intestate leave a husband or wife and children, or the descendants of any children, him or her surviving, one half of such estate shall descend to such surviving husband or wife, and the residue thereof to such surviving children and descendants of children, as hereinafter limited; if such intestate leave a husband or wife and no child nor descendants of any child, then the real and personal estate of such intestate shall descend as follows, to wit: Three-fourths thereof to such surviving husband or wife, and one-fourth thereof to the father and mother of the intestate, or the survivor of them. Provided, That if the estate of such intestate, real and personal Frotte, personal does not exceed in value the sum of ten thousand dollars, then the whole thereof shall descend to and rest in the surviving husband or wife as his or her absolute estate, subject to the payment of debts as aforesaid. Dower and the tenancy by the courtesy are abolished, and neither husband nor wife shall have any share in the estate of the other save as herein provided. Except in cases above enumerated, the estate of any intestate shall descend and be di-tributed as follows:

Dower abolish

First, to bil

First, To his children surviving, and the descendants of his children who are dead, (the descendants collectively, dren. taking the share which their parent would have taken if living.

father, &c.

Second, If there be no children nor their descendants, Second, then to his father, mother, brothers and sisters, and to the descendants of brothers and sisters who are dead, the descendants collectively taking the share their parent would have taken if living,) in equal parts.

Third, If there be no children nor their descendants, nor father, mother, brothers, sisters nor descendants of deceased brothers or sisters, nor husband nor wife living, then to the grandfather, grandmother, uncles, aunts and their descendants, (the descendants taking collectively, the share of their immediate ancestors) in equal parts.

Third, collat teral relative.

children.

SEC. 2. All posthumous children or descendants of the Posthume intestate shall inherit in like manner as if born in the lifetime of the intestate; but no right of inheritance shall