force and effect as if proven before the officer, and certified to in the manner heretofore required by law; provided, that nothing herein shall affect any right of a bona fide purchaser, or any right acquired by operation of law prior to the passage of this act. As amended Stats. 1867, 103.

See sections 1053-1054.

1022. Certificate annexed.

SEC. 5. Every officer shall take the proof or acknowledgment of any conveyance affecting any real estate, shall grant a certificate thereof, and cause such certificate to be indorsed or annexed to such conveyance; such certificate shall be: First-When granted by any judge or clerk, under the hand of such judge or clerk, and the seal of the court. Second-When granted by an officer who has a seal of office, under the hand and official seal of such officer.

1023. Proof of identity.

SEC. 6. No acknowledgment of any conveyance whereby any real estate is conveyed, or may be affected, shall be taken unless the person offering to make such acknowledgment shall be personally known, to the officer taking the same, to be the person whose name is subscribed to such conveyance as a party thereto, or shall be proved to be such by the oath or affirmation of a credible witness.

1024. Certificate, what to state.

SEC. 7. The certificate of such acknowledgment shall state the fact of acknowledgment, and that the person making the same was personally known, to the officer granting the certificate, to be the person whose name is subscribed to the conveyance as a party thereto, or was proved to be such by the oath or affirmation of a credible witness, whose name shall be inserted in the certificate.

1025. Form of acknowledgment.

SEC. 8. (a) Such certificate, when made for an acknowledgment by an individual, shall be in substantially the following form, to wit: State of Nevada, County of

On this

day of

A. D.

-9

personally appeared before me, a notary public (or judge or other officer, as the case may be), in and for County, A. B., known (or proved) to me to be the person described in and who executed the foregoing instrument, who acknowledged to me that he (or she) executed the same freely and voluntarily and for the uses and purposes therein mentioned.

(b) Such certificate, when made for an acknowledgment by a corporation, shall be in substantially the following form, to wit: State of Nevada, County of _.

On this day of A. D. personally appeared before me, a notary public (or judge or other officer, as the case may be), in and for County, A. B., known (or proved) to me to be the president (vice-president or secretary) of the corporation that executed the foregoing instrument, and upon oath, did depose that he is the officer of said corporation as above designated; that he is acquainted with the seal of said corporation and that the seal affixed to said instrument is the corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned.

(c) Such certificate, when made for an acknowledgment by an attorney in fact, shall be in substantially the following form, to wit:

State of Nevada, County of

On this

day of

A. D.

personally appeared before me,

a notary public (or judge or other officer, as the case may be) in and for County, A. B., known (or proved) to me to be the person whose name is subscribed to the within instrument as the attorney in fact of and acknowledged to me that he subscribed the name of the said thereto as principal, and his own name as attorney in fact, freely and voluntarily and for the uses and purposes therein mentioned.

2. (d) Provided, however, that any acknowledgment heretofore or hereafter taken, or certificate thereof made, without this state, either in accordance with the laws of this state, or in accordance with the laws of the place where the acknowledgment is taken, shall be sufficient in this state. As amended, Stats. 1909, 270.

The law does not require that the exact form of the certificate given in the statute shall be followed. A substantial compliance

1026. When grantor is unknown.

therewith is sufficient. Johnson v. Badger M. & M. Co., 13 Nev. 351.

Testimony of notary. Musgrove v. Waitz, 14 Nev. 78.

SEC. 9. When the grantor is unknown to the court or officer taking the acknowledgment, the certificate shall be in the following form, to wit: "Territory of Nevada, County of On this day of

A. D., personally appeared before me, a notary public (or judge, or officer, as the case may be), in and for the said county, A. B., satisfactorily proved to me to be the person described in and who executed the within conveyance, by the oath of C. D., a competent and credible witness, for that purpose by me duly sworn, and he, the said A. B., acknowledged that he executed the same freely and voluntarily, for the uses and purposes therein mentioned."

1027. Proof of execution of conveyance.

SEC. 10. The proof of the execution of any conveyance, whereby any real estate is conveyed, or may be affected, shall be: First-By the testimony of a subscribing witness; or, Second-When all the subscribing witnesses are dead, or cannot be had, by evidence of the handwriting of the party, and of, at least, one subscribing witness, given by a credible witness to each signature. 1028. Witness personally known.

SEC. 11. No proof by a subscribing witness shall be taken unless such witness shall be personally known, to the officer taking the proof, to be the person whose name is subscribed to the conveyance as witness thereto, 'or shall be proved to be such by the oath or affirmation of a credible witness. County recorders are authorized to admin- required by law in filing mechanics' liens. ister the oath and certify to the verification Arrington v. Wittenberg, 12 Nev. 99, 101.

1029. Proof necessary.

SEC. 12. No certificate of such proof shall be granted unless such subscribing witnesses shall prove the person, whose name is subscribed thereto as a party, is the person described in, and who executed, the same; that such person executed the conveyance, and that such witness subscribed his name thereto as a witness thereof.

1030. What to set forth.

SEC. 13. The certificate of such proof shall set forth the following matters: First-The fact that such subscribing witness was personally known, to the officer granting the certificate, to be the person whose name is sub

scribed to such conveyance as a witness thereto, or was proved to be such by oath or affirmation of a witness, whose name shall be inserted in the certificate. Second-The proof given by such witness of the execution of such conveyance, and of the fact that the person, whose name is subscribed to such conveyance as a party thereto, is the person who executed the same, and that such witness subscribed his name to such conveyance as a witness thereof. 1031. Evidence of handwriting.

SEC. 14. No proof by evidence of the handwriting of the party, and of a subscribing witness, shall be taken, unless the officer taking the same shall be satisfied that all the subscribing witnesses to such conveyance are dead, or cannot be had to prove the execution thereof.

1032. When certificate granted.

SEC. 15. No certificate of any such proof shall be granted unless a competent and credible witness shall state, on oath or affirmation, that he personally knew the person whose name is subscribed thereto as a party, well knew his signature (stating his means of knowledge), and believes the name of the person subscribed thereto as a party was subscribed by such person; nor unless a competent and credible witness shall, in like manner, state that he personally knew the person whose name is subscribed to such conveyance as a witness, well knew his signature (stating his means of knowledge), and believes the name subscribed thereto as a witness was thereto subscribed by such person.

1033. Witnesses to conveyance may be subpenaed.

SEC. 16. Upon the application of any grantee in any conveyance required by this act to be recorded, or by any person claiming under such grantee, verified under the oath of the applicant, that any witness to such conveyance, residing in the county where such application is made, refuses to appear and testify touching the execution thereof, and that such conveyance cannot be proved without his evidence, any officer authorized to take the acknowledgment or proof of such conveyance, may issue a subpena requiring such witness to appear before such officer, and testify touching the execution thereof. 1034. Penalty for failure to appear.

SEC. 17. Every person who, being served with a subpena, shall, without reasonable cause, refuse or neglect to appear, or appearing, shall refuse to answer upon oath touching the matters aforesaid, shall be liable to the party injured in the sum of one hundred dollars, and for such damages as may be sustained by him on account of such neglect or refusal, and may also be committed to prison by the judge of some court of record, there to remain without bail, until he shall submit to answer upon oath as aforesaid; but no person shall be required to attend who resides out of the county in which the proof is to be taken, nor unless his reasonable expenses shall have been first tendered to him.

1035. Conveyances acknowledged-Recorded-Patents.

SEC. 18. A certificate of the acknowledgment of any conveyance or other instrument in any way affecting the title to real or personal property, or the proof of the execution thereof, as provided in this act, signed by the officer taking the same, and under the seal of such officer, shall entitle such conveyance or instrument, with the certificate or certificates aforesaid, to be recorded in the office of the recorder of any county in this state; provided, however, that any state or United States contract or patent for land may be recorded without any such acknowledgment or proof. As amended, Stats. 1909, 271. [Sec. 19, repealed by Stats. 1909, 272.]

1036. Covenants binding on married woman.

SEC. 20. No covenant, expressed or implied, in any such conveyance, shall bind such married woman or her heirs, except so far as may be necessary effectually to convey from such married woman and her heirs all her rights and interest expressed to be conveyed in such conveyance.

1037. Acknowledgments of married woman.

SEC. 21. Any officer authorized by this act to take the proof or acknowledgment of any conveyance whereby any real estate is conveyed, or may be affected, may take and certify the acknowledgment of a married woman to any such conveyance of real estate.

[Secs. 22 and 23, repealed by Stats. 1909, 272.] The testimony of a notary who has taken an acknowledgment which conforms to the statute, when called as witness, is not entitled to any greater weight than his certificate. Musgrove v. Waitz, 14 Nev. 77, 78.

1038. All conveyances recorded.

An assignment of a note and mortgage upon real estate is not such a contract respecting real estate as is required to be acknowledged by a married woman separate and apart from her husband. Cartan v. David, 18 Nev. 330 (4 P. 61).

SEC. 24. Every conveyance of real estate, and every instrument of writing setting forth an agreement to convey any real estate, or whereby any real estate may be affected, proved, acknowledged, and certified in the manner prescribed in this act, to operate as notice to third persons, shall be recorded in the office of the recorder of the county in which such real estate is situated, but shall be valid and binding between the parties thereto without such record.

The deposit for record of a revocation of a power of attorney in proper office, operates as a notice to all parties dealing with the attorney. By such deposit, the revocation becomes absolute without actual notice to

1039. Record to be notice to whom.

the attorney. Arnold v. Stevenson, 2 Nev. 234-240.

Cited, State ex rel. Nev. T. G. & T. Co. v. Grimes, 29 Nev. 56.

Cited, Levy v. Ryland, 32 Nev. 460 (109 P. 910).

SEC. 25. Every such conveyance or instrument of writing, acknowledged or proved and certified, and recorded in the manner prescribed in this act, shall, from the time of filing the same with the recorder for record, impart notice to all persons of the contents thereof; and subsequent purchasers and mortgagees shall be deemed to purchase and take with notice.

It is not using due diligence to rely solely on the assertion of the vendor of the land that another person has no equity therein, Crosier v. McLaughlin, 1 Nev. 348.

The purpose of the record of a mortgage is simply to give notice and to prevent parties who hold encumbered real estate from imposing on innocent purchasers or subsequent mortgagees. Virgin v. Brubaker, 4 Nev. 32.

Possession is not notice of an unrecorded defeasance. Fair v. Howard, 6 Nev. 304; Brophy v. B. & D. M. Co., 15 Nev. 101.

Actual notice dispenses with constructive notice. A purchaser with actual notice is not a purchaser in good faith of the estate previously conveyed. Gilson v. Boston, 11

Nev. 413.

The recording of the seal to a deed is not absolutely essential. If the original document cannot be produced, and the record thereof is offered in evidence, the existence of the seal will be presumed from the statement in the deed that the grantor did set his hand and affix his seal thereto, and from the attestation clause that it was signed, sealed

and delivered in the presence of the witnesses. Flowery M. Co. v. N. B. M. Co., 16 Nev. 302.

Information which makes it the duty of a party to make inquiry, and shows where it may be made, is notice of all facts to which such inquiry would naturally lead. The law necessarily imputes to a litigant knowledge of a fact of which the exercise of ordinary prudence and diligence must have apprised him. Burbank v. Rivers, 20 Nev. 159 (18 P. 753).

Where a deed intended as a mortgage is recorded, and no defeasance appears of record, a bona fide purchaser from the grantee acquires an absolute title, free from the equity of redemption of the mortgageor. Gruber v. Baker, 20 Nev. 453 (9 L. R. A. 302, 23 P. 858).

See Arnold v. Stevenson under sec. 24 of this act.

Our statute has no provisions similar to those of New York under which, in that state, it is held that the record of a deed, absolute upon its face, though intended as a

mortgage, gives no notice to a subsequent mortgagee.

In this state both subsequent purchasers and mortgagees have constructive notice of every properly recorded conveyance affecting real estate.

Where the owner of real estate made a Ideed of the same absolute on its face, but intended as a mortgage, and the same was recorded as a deed, and afterwards he made a formal mortgage upon the same property: Held, that the latter instrument was taken with constructive notice of and subject to the lien of the former.

The matter of constructive notice by the record of conveyance is entirely a creature of statute, and its effect is to be gathered from construction of the statute. Grellet v. Heilshorn, 4 Nev. 526, 527, 531.

The record of a deed only imparts notice of the contents thereof to subsequent purchasers and mortgagees, and not to persons who claim by entirely independent right and title. Sharon v. Minnock, 6 Nev. 378, 390; Wilson v. Wilson, 23 Nev. 267, 273 (45 P. 1009).

The record is not notice of anything not contained in the deed. Idem.

A wife who has filed a declaration of homestead on community property is not affected with notice of a prior recorded mortgage executed by her husband which misdescribes the property. Adams v. Baker, 24 Nev. 162 (77 A. S. 799, 51 P. 252).

Cited, State ex rel. fitle Co. v. Grimes, 29 Nev. 50, 56, 85 (5 L. R. A. (N. S.) 545; 124 A. S. 883, 84 P. 1061).

1040. When not recorded void as against whom.

SEC. 26. Every conveyance of real estate within this territory hereafter made, which shall not be recorded as provided in this act, 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, where his own conveyance shall be first duly recorded.

The open and notorious possession by a grantor, after sale and conveyance of property, is not sufficient to impart notice, to a subsequent purchaser for value, of any unre1041. Powers of attorney.

corded defeasance. (Hawley, J.). Brophy M. Co. v. Brophy & D. G. & S. M. Co., 15 Nev. 110.

SEC. 27. Every power of attorney, or other instrument in writing, containing the power to convey any real estate, as agent or attorney for the owner thereof, or to execute, as agent or attorney for another, any conveyance whereby any real estate is conveyed, or may be affected, shall be acknowledged, or proved and certified, and recorded as other conveyances whereby real estate is conveyed or affected, are required to be acknowledged or proved, and certified and recorded.

See Arnold v. Stevenson, under sec. 24 of this act.

1042. Revocation of power.

SEC. 28. No such power of attorney or other instrument, certified and recorded in the manner prescribed in the preceding section, shall be deemed to be revoked by any act of the party by whom it was executed, until the instrument containing such revocation shall be deposited for record in the same office in which the instrument containing the power is recorded. See Arnold v. Stevenson, under sec. 24 of this act.

1043. Evidence of conveyance.

SEC. 29. Every conveyance, or other instrument, conveying or affecting real estate, which shall be acknowledged, or proved and certified, as hereinafter prescribed, may, together with the certificate of acknowledgment, or proof, be read in evidence without further proof.

1044. Record, evidence of, when lost.

SEC. 30. When any such state or United States contract or patent is recorded, or when any such conveyance or instrument is acknowledged or proved, certified, and recorded, in the manner in this act prescribed, the record thereof, or the transcript thereof, certified by the recorder, under the seal of his office, may be read in evidence without further proof. As amended, Stats. 1909, 271.

Cited, Reno Brewing Co. v. Packard, 31 Nev. 433, 441 (103 P. 415).