a subpoena, may issue a subpoena to such witness, requiring him to appear before him, and testify to the execution. If such witness refuse to appear, or refuse to testify, he may be committed to jail by the officer issuing the subpoena, and may also be fined. In the certificate of proof, it is the duty of the officer to give the names of the witnesses examined before him, with their residence, and the substance of their evidence.

7. When a conveyance has been duly acknowledged or proved, and recorded, the conveyance may be read in evidence; and the record, or a transcript thereof, duly certified, may be read in evidence. This evidence is not conclusive; but it may be rebutted by any party to a suit who is affected thereby. If the party contesting the proof make it appear that the proof was taken upon the oath of incompetent witnesses, it is successfully rebutted, unless sustained by other competent proof.

8. It is a general rule, that when the acknowledgment or proof of a conveyance is taken before an officer authorized to take the same, yet residing out of the district where the property is located, in addition to his certificate of proof or acknowledgment, the certificate of the clerk of the county, or the clerk of the court, or the secretary of state, under his hand and official seal, must be subjoined, specifying that the officer taking the proof or acknowledgment was duly authorized to take the same; that he is acquainted with the handwriting of such officer, and verily believes the signature of the officer to be genuine. The certificate and the conveyance must be recorded together.

refuse to appear or refuse to testify after he is subpoenaed? What must the officer give in his certificate of proof?

7. When a conveyance has been duly acknowledged or proved, and recorded, can it be read in evidence without further proof? Can the record, or a transcript thereof, be read in evidence? Is this evidence conclusive? If the deed was proved upon the oath of incompetent witnesses?

8. If the officer before whom the proof or acknowledgment is taken resides out of the district in which the property is located, what must be

9. Conveyances are entitled to be recorded in the order in which they are delivered to the county clerk. They are considered as recorded from the time of such delivery. The officer makes an entry in his record, specifying the minute, hour, day, month, and year when the same was delivered. He also enters the same on the conveyance. The officer who records deeds and other conveyances in New York City is called "register." A mortgage, when paid, may be satisfied on the record. A certificate is made by the mortgagee, specifying that the mortgage has been paid and satisfied. It is signed, acknowledged, and recorded. A conveyance may be proved after the death of the witness. The death of the witness must first be proved. The handwriting of the witness, and of the grantor, may then be proved. It may be recorded in the proper office, if the original deed be at the same time deposited in the same office, there to remain for the inspection of all persons desiring to examine the same. This does not entitle such conveyance to be read in evidence.

10. No conveyance can be recorded without being proved or acknowledged. Any county clerk or register is liable to fine and imprisonment for recording a conveyance without being proved or acknowledged. If the commissioner, or other officer, be guilty of malfeasance, he is liable to fine, imprisonment, and damages. If a person execute a deed under the power-of-attorney, the

subjoined? What must such certificate specify? Is it necessary to record this certificate with the conveyance?

9. In what order are conveyances entitled to be recorded? From what time are they considered as recorded? What does the officer recording the same specify in the record? Does he indorse the same on the conveyance? What officer records conveyances in the city of New York? When a mortgage has been paid, what is to be done? What does the mortgagee specify in his certificate? What is to be done with this certificate? How can a conveyance be proved after the death of the subscribing witness? Can it be recorded, if so proved? Does this entitle such conveyance to be read in evidence?

10. What must be done before a conveyance can be recorded? To what penalty is the county clerk liable for recording a conveyance without proof or acknowledgment? If the officer taking the proof or acknowledgment be guilty of malfeasance? If a person execute a deed

deed and the power-of-attorney must both be recorded. A general power-of-attorney, when recorded, is to be revoked by recording the instrument containing such revocation.

CHAPTER LIX.

EMBLEMENTS AND FIXTURES.

1. ALL estates in lands, in fee or for life, are freehold estates, and are real property. All other estates in lands are personal property. The word lands generally includes the buildings and appurtenances thereto belonging. If one man erect buildings on the land of another man, without any authority or permission, express or implied, the buildings belong to the owner of the land. "Lands" include not only the soil, but every thing attached to it, above or below, as trees, stones, mines. If a man sells or devises a lot of land, the buildings thereon will pass without being named in the deed or will.

2. If a tree stand upon the line between adjoining owners, the tree belongs to both owners, and neither has a right to destroy it. The limbs of the tree are presumed to follow the course of the roots, and if a fruit-tree stand upon the line between two adjoining owners, each is entitled to the fruit which hangs above his land. The roots of the tree have extended into the soil of both owners, and conveyed nourishment therefrom through the body of the tree, and deposited the same in fruit above the land. The ancient maxim of law is, "Cujus est solum, ejus est usque

under the power-of-attorney, what must be recorded? How is a general power-of-attorney, when recorded, to be revoked?

1. What are freehold estates? What are all other estates in lands? What does the word lands generally include? If one man erect buildings on the land of another, without authority or permission, what is the effect? What does the term lands include? If a man sell or devise a lot of land, what will pass by such deed or will?

2. If a tree stand upon the line between adjoining owners? If such

ad cælum." This principle applies also to fruit-trees standing near the line of adjoining owners. Each clearly should be entitled to the fruit which falls on his own lands.

3. Crops are real property, while growing. They become personal property, in some States, when ripe; and in others, when severed from the soil. Emblements are crops growing on lands held by a title of uncertain duration. The crops growing on the dower of a widow, or on any other life-estate, are emblements. At the termination of the life-estate, the estate passes to another, but the crops belong to the estate of the deceased. Emblements include all crops raised by annual expense and labor. The fruit of trees does not come under this title. Spontaneous grasses are not emblements. Hops, though growing on ancient roots, are emblements. As soon as the ground is prepared and the seed sown, the title to the crops is perfected; and when a tenant for life dies after the seed is sown, and before harvest, the executors or administrators take the growing crops as a return for the labor and expense of the deceased in tilling the ground. When an estate of uncertain duration is terminated in any other way than by death, or by the act of the owner, he is entitled to emblements. Where the tenant dies before sowing, but after having prepared the ground, there is no claim to emblements. A tenant for years is not entitled to emblements.

4. A fixture is something annexed to the lands or buildings. Fixtures are of two classes-movable and immova

tree be a fruit-tree, what right has each in the fruit? Upon what ground? What is an ancient maxim of law? To what does this principle apply? 3. What are crops while growing? When do they become personal property? What are emblements? When an estate of uncertain termination passes to another, to what estate do the crops belong? What do emblements include? What is the rule as to the fruit of trees? Spontaneous grasses? Hops? When is the title to emblements perfected? When a tenant for life dies after the seed is sown, and before harvest, to whom do the growing crops go? When an estate of uncertain duration is terminated during the life of the person holding such estate, and without his consent? When the tenant dies before sowing, but after preparing the ground? Is a tenant for years entitled to emblements?

ble, or permanent. If they are movable, they are personal property. If they are immovable, they become apart of the real property. The question whether a fixture is movable or immovable arises-1. Between the grantor and grantee, in the sale of real property; 2. Between the heir and executor or administrator, in case of the death of the owner of real property; 3. Between landlord and tenant. As between grantor and grantee, the keys of the house are a part of the real property, or so affixed to it as to pass with the land. The manure made in the ordinary process of carrying on a farm, is a part of the real property, and passes with the land, unless expressly reserved. If the manure be artificial, and not procured from the farm, such as guano, it does not pass with the land, until deposited thereon. To constitute a permanent fixture, and give a chattel the character of real estate, there must be a complete annexation to the soil. An extra door, which may be lifted from its hinges, is not a permanent, but a movable fixture. Gas-fixtures, attached to the gas-pipes in a house, are movable fixtures. Machinery, erected for manufacturing purposes on timbers imbedded in the ground, or fastened to the timbers of the building by bolts, screws, or cleats, if it can be moved without injury to the building, is not a permanent fixture, and does not pass by a sale of the lands and tenements.

5. Some things personal in their nature, but fitted and prepared to be used with real estate, and essential to its beneficial enjoyment, pass with the lands. The conveyance of a saw-mill will pass the mill-chain, dogs, and bars

4. What is a fixture? Of what two kinds are fixtures? What kind of property are movable fixtures? Immovable fixtures? In what three cases does the question whether a fixture is movable or immovable arise? Are the keys of the house real or personal property? Does the manure on the land pass with the land? What is necessary to constitute a permanent fixture, and give a chattel the character of real estate? Is an extra door, which may be lifted from the hinges, a permanent or movable fixture? To what class do gas-fixtures belong? Machinery for manufacturing purposes?

5. What will a conveyance of a saw-mill pass? The conveyance of any mill? The conveyance of a farm? The conveyance of a bark-mill?