PART II. OF THE ACQUISITION, THE ENJOYMENT, AND TRANSMISSION OF TITLE I. Of real and personal property, and the alienation thereof. CHAPTER 48. Of alienation by deed, and of the legal formalities, the construction, and the operation of deeds for the conveyance of property, and general provisions concerning real estate. CHAPTER 49. Of estates in dower and by the curtesy. CHAPTER 50. Estates at will, and for years; and the rights and duties of landlords and tenants, and also respecting easements. CHAPTER 48. OF ALIENATION BY DEED, AND OF THE LEGAL FORMALITIES, THE CONSTRUCTION, AND THE OPERATION OF DEEDS FOR THE CONVEYANCE OF PROPERTY, AND GENERAL PROVISIONS CONCERNING REAL ESTATE. SECTION 1. Conveyances of land may be made by a competent party, or his attorney duly authorized. 2. An alien may take, hold, transmit, and convey lands. 3. How a married woman may convey her estate or bar dower. 4. She may join in a power of attorney to convey same. 5. Estates tail may be created as heretofore; effect of conveyances by tenant in tail. 6. Party claiming title may convey though land in adverse possession. SECTION 7. All estates in land (except leases not exceeding three years) created without deed, to have the effect of estates from year to year. 8. No estate in land for above three years to be assigned, &c., unless by deed. 9. Trusts in land to be manifested and proved by writing. DEEDS, HOW ACKNOWLEDGED AND CERTIFIED. 10. Deed may be acknowledged by party or his attorney 11. Power of attorney; how acknowledged and recorded. SECTION 12. Power of attorney; when deemed revoked. 13. Attorney to sign, &c., deed as attorney of party. 14. Deeds acknowledged within this District; before whom. 15. Deeds acknowledged out of the District, but within any State or Territory of the United States; before whom. 16. Deeds, before whom acknowledged in foreign countries. 17. Acknowledgments before such officer to be made at some place to which the jurisdiction of said officer or of the court to which he belongs extends. 18. How official character of officer certified, when acknowledgment is taken out of the District. 19. How the acknowledgment of a deed shall be certified by officer taking it. 20. Form of same. 21. When a married woman is a party, how to be examined, &c. 22. Form of certificate of acknowledgment of a married woman. DEEDS, HOW RECORDED, AND EFFECT OF. 23. Recorder to admit to record all deeds acknowledged and certified as herein provided. 24. Effect of recording. 25. Contracts, &c., relative to land may be acknowledged and recorded as deeds; effect of same. 26. Trusts not effectual against purchaser without notice; recording constructive notice. RULES OF CONSTRUCTION AND GENERAL 27. Freehold of real estate to lie in grant as well as livery. 28. Possession, how annexed to use, under deeds of bargain and sale, &c. 29. Every conveyance of real estate by deed or devise shall pass all the estate of the grantor, unless a contrary intention appear. 30. Same to pass buildings and privileges on land, unless an exception be made. 31. Title of grantor acquired subsequent to a conveyance in fee, to inure to grantee, 32. A conveyance by a grantor of a larger estate than he could lawfully convey, shall not work a forfeiture. SECTION 33. Modification of rule in Shelly's case. 34. Particular estate not necessary to a con tingent remainder. 35. Sections thirty-two and thirty-four not to prevent the barring of estates tail, &c. 36. A fee-simple, &c., may be limited after a fee, by deed, as by will 37. A freehold estate may be made to commence in futuro, by deed, as by will. 38. Conveyances of land to two or more, shall create estates in common, and not in joint tenancy. 39. Vendor's lien. 40. Vendor's lien preferred to claim for dower by wife of purchaser. 41. Mortgage, &c., given to secure purchasemoney, preferred to previous judg ments against purchaser, and also to dower. 42. When mortgagee entitled to possession of real estate. 43. What covenants an attorney, under an ordinary power to convey, may be required to enter into. 44. By what tenure lands are held. 45. Expressions dying without heirs, &c., how construed, in deed or will. OF COVENANTS, AND SHORT FORMS THEREOF. 46. No covenants implied in conveyance of real estate. 47. Lineal and collateral warranties abolished. 48. The words "the said how construed. covenants," SECTION 58. Short form of covenent for further as surance. 59. Measure of damages on breach of cov enants. 60. Covenants of seizin and other personal covenants may be assigned and sued on, as those that run with land. FORMS OF DEEDS. 61. Form of deeds for the conveyance of real estate. 62. Form of deeds in fee-simple. 63. Form of deeds to convey a life estate. 64. Form of deeds to one for life and remainder over in fee-simple 65. Form of deed to two or more in fee, as tenants in common. 66. Form of deed to same as joint tenants. 67. Form of deed conveying to one for life, with contingent remainder to an unborn person. 68. Form of deed limiting a remainder after a grant in fee-simple, defeasible upon party's dying without child, &c., living, &c. 69. Form of deed to convey an estate for a term of years. 70. Form of marshal's deed for real estate sold under execution. 71. Form of deed of trustee for same, sold under authority of court. DEEDS OF TRUST AND MORTGAGES OF REAL ESTATE. 72. Form of deed of trust of real estate. 73. Form of mortgage of real estate. 74. Short form of covenant to pay, therein. 75. Short form of covenant, that in default of payment the mortgagee may enter. 76. Short form of covenant that until default, the mortgagor shall possess, &c. 77. In the certificate of acknowledgment the word mortgage may be used instead of deed. 78. Form of assignment of a mortgage. 79. Effect of such assignment of a mortgage. 80. Effect of recording assignment. 81. Form of release of mortgage. 82. 83. Release of mortgage, how executed. 84. 104. Personal representative to include executor and administrator. 105. Nothing in this chapter to affect wills.. 106. Saving as to deeds which fail to take effect by this chapter. within this District, or of any SECTION 1. Conveyances of land estate or interest therein, may be made by deed executed by any person competent to convey the same, or by his attorney duly authorized, as hereinafter provided in this chapter. SEC. 2. An alien may take, hold, transmit, and convey lands in the same manner as if he were a citizen of the United States. SEC. 3. Any married woman, uniting with her husband, may, by their joint deed acknowledged and certified as hereinafter provided, convey the real estate of the wife, or relinquish her right of dower in the husband's estate; but the wife shall not be bound by any covenant contained in such deed, further than to convey effectually from her and her heirs, her right of dower, or such other interest in the real estate as she may have at the date of the deed. SEC. 4. A married woman may also join in a power of attorney with her husband, for the conveyance of her estate or interest as aforesaid; the same being acknowledged and certified as herein provided with regard to deeds executed by her. SEC. 5. Estates tail may be created as heretofore, and any person seized thereof may convey the same as if he were seized in fee-simple, and such conveyance shall bar the estate tail and all remainders and reversions expectant thereon. SEC. 6. Any person claiming title to land may convey his interest in the same, notwithstanding there may be an adverse possession thereof. SEC. 7. All estates or interests in land, except leaseholds not exceeding the term of three years from the making thereof, created without deed, shall have the effect of estates from year to year only. SEC. 8. No estate or interest in land for above three years shall be assigned, granted, or surrendered, unless by deed, or by act and operation of law. SEC. 9. No trust concerning land, except such as may arise or result by implication of law, or be transferred or extinguished by operation of law, nor any assignment of any such trust, shall be manifested and proved, except by some writing subscribed by the party declaring the same. DEEDS, HOW ACKNOWLEDGED AND CERTIFIED. SEC. 10. The acknowledgment of a deed shall be by the grantor executing the same, or by his attorney duly authorized. SEC. 11. Every power of attorney authorizing an agent to execute or acknowledge a deed, for the conveyance of real estate, shall be |