there be no such brothers and sisters, or their descendants, then the inheritance descends to the father in fee.

5. If the intestate die without descendants, and leave no father entitled to the inheritance, but leave a mother, and brothers and sisters, then the inheritance descends to the mother for life, and the reversion to the brothers and sisters. If there are no brothers or sisters of the intestate, nor their descendants, then the inheritance descends to the mother in fee. If there be neither lineal descendants, nor father, nor mother, capable of inheriting the estate, it descends to the brothers and sisters of the intestate, governed by the same rules of consanguinity as are applied to lineal descendants.

6. If there be no lineal descendants, or father or mother, or brother or sister, or their descendants, if the estate came to the intestate on the part of the father, it will go to the brothers and sisters of the father, or their descendants in the same manner that it would descend to lineal descendants. If there be no brothers or sisters of the father or their descendants, then the inheritance descends to the brothers and sisters of the mother of the intestate, in the same manner as it would descend to lineal descendants. If the estate came to the intestate on the part of the mother, it would go to the brothers and sisters. of the intestate's mother; and if none, nor their descendants, then to the brothers and sisters of the father.

4. If there are no lineal descendants, and the estate of the intestate descended on the part of the father, or was earned by the intestate? If the inheritance descended on the part of the mother? If the mother be dead? If there be no such brother, or sister, or their descendants?

5. If the intestate die without descendants, and leave no father entitled to the inheritance, but leave a mother, and brothers, and sisters? If there are no brothers or sisters of the intestate, or their descendants? If there be neither lineal descendants, nor father, nor mother?

6. If there be no lineal descendants, or father or mother, or brother or sister, or their descendants, and the estate came to the intestate on the part of the father? If there be no brothers or sisters of the father, or their descendants? If the estate came to the intestate on the part of the mother? If there be no brothers or sisters of the mother?

7. In case the inheritance came to the intestate on the part of neither the father nor the mother?

7. In case the inheritance came to the intestate on the part of neither father or mother, it will descend to the brothers and sisters of both father and mother in equal shares, in the same manner that it would descend to lineal descendants.

8. In case of the death of an illegitimate intestate without descendants, the inheritance descends to his mother. If she be dead, it goes to the relatives on the part of the mother. Relatives of the half-blood inherit equally with those of the whole blood, unless the inheritance, came to the intestate from some of his ancestors; in which case all, not of the blood of such ancestors, are excluded from the inheritance. Descendants and relatives of the intestate, begotten before his death, but born after, inherit in the same manner as if they had been born in the lifetime of the intestate.

9. If any child of an intestate has received property by way of advancement, as his portion of the estate, if the same is equal to his share of the estate, he will not be entitled to any further share of the estate. If such advancement be less, he will be entitled to so much as will make his share equal with the others. Money expended in the maintenance and education of the child, without a view to settlement, is not deemed an advancement.

8. In case of the death of an illegitimate intestate, without descendants? If the mother he dead? How do relatives of the half-blood inherit? If the estate came to the intestate on the part of one of his ancestors? If descendants or relatives are begotten before, and born after, the death of the intestate?

9. If any child of the intestate has received advancements, by way of settlement? If money be expended in the maintenance and education of a child?

CHAPTER LVIII.

PROOF AND RECORDING OF DEEDS AND MORTGAGES.

1. ALL conveyances of real estate must be recorded. They are to be recorded in the county where the property is situated. Every conveyance not so recorded is void as against any subsequent purchaser in good faith and for a valuable consideration, whose conveyance shall be first duly recorded.

2. Different sets of books are provided by the clerks of the several counties for recording deeds and mortgages. In one set of books, all absolute conveyances, such as deeds, are recorded. In the other set of books, all conditional conveyances, such as mortgages, are recorded. To entitle any conveyance to be recorded by any county clerk, it must be acknowledged by the party executing the same, or be proved by a subscribing witness thereto. Such acknowledgment or proof may be taken before a magistrate or commissioner of deeds. Such magistrate or such commissioner must act within the limits of his jurisdiction; and he has no authority to act out of the district for which he was appointed or elected. If the proof or acknowledgment be taken before any judge, it must be taken within the jurisdiction of the court to which he belongs. The proof or acknowledgment may be taken by the mayors of cities, or consuls of the United States residing in foreign countries. The proof or ac

1. What conveyance must be recorded? Where? If not recorded, what is the effect?

2. How many sets of books are provided by county clerks? What is recorded in each? To entitle a conveyance to be recorded by a county clerk, what is necessary to be done? Before whom may such acknowledgment or proof be taken? Within what limits must the magistrate or commissioner act? Has he any authority to act out of his district? If taken before the judge of a court? What other officers are authorized

knowledgment may be taken in any other State or Territory of the United States, by any officer authorized to take such proof or acknowledgment in such State or Territory. The officer taking an acknowledgment must know, or have satisfactory proof, that the person making such acknowledgment is the individual described in and who executed the same.

3. The governor of one State may appoint commissioners in any city or county in any of the other States and Territories. They are generally appointed for four years. They have authority to take acknowledgments and proof of any instrument under seal to be recorded. The certificate of such commissioner must be made under his signature and official seal. The certificate must be indorsed on the instrument.

4. Commissioners appointed by the governors of States, authorizing them to perform their duties in other States, are required to prepare an official seal. The commissioner's name must be upon the seal, together with the words, "Commissioner for the State of- -," and the name of the State, city, and county in which he resides and for which he is appointed. He is required to have a clear impression of the seal made upon wax, or some other tenacious substance, and to cause the same to be filed with the secretary of state, with his signature, in his own handwriting. Before any deed acknowledged or proved before him is entitled to be recorded, a certificate of the secretary of state must be attached. The secretary of state must certify-1. That the commissioner, at the

to take proofs and acknowledgments? By whom may they be taken, if taken out of the State in which the land is situated? What is necessary for the person taking the proof or acknowledgment to know?

3. What officers may the governors of States appoint in other States? For what time generally appointed? What is their authority? How is his certificate made? Where indorsed?

4. What seal must such commissioners prepare? What must be upon the seal? Upon what must an impression of this seal be made? Where to be filed? Accompanied with what? What certificate must be attached to the certificate of such commissioner, to entitle the conveyance to be recorded? To what facts must the secretary of state certify?

time of taking such proof or acknowledgment, was duly authorized to take the same; 2. That the secretary is acquainted with the handwriting of such commissioner, and has compared the signature to such certificate with the signature of the commissioner deposited in his office; 3. That he has compared the seal of such commissioner with the seal deposited in his office; 4. That he verily believes the signature and impression of the seal on the said certificate to be genuine.

5. It is the duty of the secretary of state to prepare instructions and a set of forms, and forward the same to commissioners acting in other States. In foreign countries, proof or acknowledgment of deeds may be taken before American ministers, consuls, and chargés des affaires. When a married woman joins in a deed with her husband, she must acknowledge the same; and in several States she must, on a private examination, apart from her husband, acknowledge "that she executed such conveyance freely, and without any fear or compulsion of her husband."

6. The proof of the execution of any conveyance must be made by the subscribing witness. He must state1. His place of residence; 2. That he knows the person described in and who executed such conveyance; 3. That he witnessed the execution thereof. The officer taking the proof must be personally acquainted with such subscribing witness, or have satisfactory evidence that he is the same person who was the subscribing witness to such instrument. If the witness refuse to appear and testify to the execution of the conveyance, any officer authorized to take such proof, and authorized to issue

5. What is the secretary of state required to prepare? Before whom is proof taken in foreign countries? When a married woman joins with her husband in a deed, is she required to acknowledge the same? How does she acknowledge the same in New York and many other States?

6. How must the proof of the execution of any conveyance be made? What must the subscribing witness state? What knowledge must the officer taking the proof have? If the witness refuse to appear and testify to the execution of the conveyance, what is to be done? If the witness