Page:United States Statutes at Large Volume 13.djvu/560

532 THIRTY-EIGHTH CONGRESS. Sess. II. Ch. 110, 111. 1865 Defective gc- the same effect and validity to pass the fcc simple or other estate intended l*9°"l¤<iEm°¤*¤ to be conveyed, and bar dower in the real estate therein mentioned in (gigifgsolp the Favor of parties in actual possession, claiming under and through such Columbia cured. deeds, as if such deeds had been by such femmes covert executed and acknowledged, or acknowledged in case of a dowar right, in the fom1 heretofbre prescribed bylaw; as if such deeds had been executed and acknowledged by the grantor in the deed; as if such power of attorney had been proved before the officer or 0{Hcers taking the acknowledgment; as if such power of attorney had been proved before two justices of the peace ; as if such acknowledgment had been made before any judge of a state court, or before two justices of the peace; as if such att0rncys-infact or officer of a corporation had acknowledged the deed to be the deed of the grantor or of the corporation; as if such deeds had thereto annexed ax certificate, in legal form, that the ofllcer or officcrs taking the acknowl- Pmviso. cdgment were really what they purport to be: Provided, That the certificate of acknowledgement by za. femme covert shall show that the acknowledgement was made " apart." or " privily" from her hu=band, or use some other term importing that her acknowledgment: was made out of his presence, and also that she acknowledged or declared that she willingly executed or that she willingly acknowledged the deed, or that the Pmviso. same was har voluntary act, or to that clfcct.: And provided, also, That when the power of attorney shall have [been] executed by u femme covert the same shall be cifcctual and suillcienc if there shall have been such an acknowledgement of the same as would be sufficient, under the provisions of this act, to pass har estate and interest therein were she a party executing the deed of conveyance, the record and copy thereof of any deed recorded as aforesaid to be evidence thereof, in the same manner and to have the same effect as if such deed had been originally executed, acknowledged, and recorded according to law. Exceptiongiu Sec. 2. And be it further enacted, That all exceptions in favor of itzzilgttgzfg parties beyond the District of Columbia, which may by existing laws be mg; ,,;,wgmd_ replied or relied on in any action or proceeding brought in said district, Pmvim. are hereby repealed and abrogated : Pr0·v2'ded, That this section shall not affect the right of parties in actions now pending, and such as may be brought within three years from the passage of this act. Conslructlou SEO. 3. And be it further enacted, That the acts of congress approved g;:°'*“’“£;f·’ °f May thirty~’drst, eighteen hundred and thirty-two, and April twenty, c€,.,€;,c;Sth€ ac. eighteen hundred and thirty-eight, in reference to the acknowledgement kn<>w1gdgmen§. and recording of deeds of land situated in said di=triut, shall be taken $;‘*I;;t‘:i‘;‘;dgf‘“ and construed as cumulative with the acts of Maryland on the same subculumbia. ject in force in said district at the passage thereof; and that am acknowl- 1832, ch. 112. edgement made and certified in compliance with any one of said acts, and V°1·£"·p‘ 520* before any 0Hicers authorized by either of said acts to take an acknowl- {§33*v‘fhé 5gé6 cdgement, (whether in or out of the District of Columbia,) shall be good and effectual; and if it shall appear that the grantor " acknowledged said deed," it shall have the same efect as if he or she acknowledged the what mmm;. deed to be his or ber act and deed. And any acknowledgement made by egiimenb ¤f' m¤¤‘· a femme covert under either of said acts of congress (which shall be suf- Q§m:;‘l‘;'?;:“f ficient under the provisions of this act) of any deed executed by her husdower. band, and heretofore recorded in the District of Columbia, shall be good and cfcctual to bar all claim on her part to dowcr in the lands described therein, situated in said district, although she shall not have executed the same. Arvuovun, March 8, 1865. Marsh 3, 1865. CHAP. CXI. —An .4.ctji1rtha· to Prumllefor the Verification of Invoices. Be it enacted by the Senate and 1%use of Representatives q/' the United States of America in Gmgress assembled, That all consular officers of the