Penalty for setting up theatrical exhibitions at which lager bier, &c., is sold. 1858, 152, §§ 1, 2. for geting up, &c., masked balls, &c. 1849, 231, § 3. Justices may of offenders. R. S. 58, § 3. SECT. 76. Whoever offers to view, sets up, sets on foot, maintains, or carries on, a theatrical exhibition, public show, concert, or dance-hall exhibition, of any description, at which lager-bier or other intoxicating liquors are sold or exposed for sale, with the consent of those who get up, set on foot, or otherwise promote, such exhibitions or shows, shall be punished by fine not exceeding five hundred dollars, or imprisonment in the house of correction not more than two years, unless such exhibition or show has been first duly licensed as provided by section seventyfour. This section shall not authorize the licensing of the sale at any exhibition or show, of liquors the sale of which is prohibited by law. SECT. 77. Whoever gets up, sets on foot, causes to be published, or otherwise aids in getting up and promoting, any masked ball or other public assembly, at which the company wear masks or other disguises, and to which admission is obtained upon payment of money or the delivery of any valuable thing, or by a ticket or voucher obtained for money or any valuable thing, shall for the first offence be punished by fine not exceeding five hundred dollars; and for any subsequent of fence, by imprisonment in the jail or house of correction not exceeding one year. SECT. 78. Any justice of the peace or police court, upon complaint require sureties made of an offence against the provisions of the three preceding sec tions, shall bind over all persons so offending, to appear at the next term of the superior court, and shall also require such persons to find sureties for the keeping of the peace and being of good behavior until such term of the court, and shall commit such persons upon their refusing or neglecting so to recognize and find sureties. Penalty for exhibiting fight 1859, 158. SECT. 79. Whoever establishes or promotes an exhibition of the ing birds, &c. fighting of birds or animals, shall be punished by fine not exceeding one hundred dollars, or by imprisonment in the house of correction not exceeding six months. Whoever is present at, or aids in, or contributes to such an exhibition, shall be punished by fine not exceeding ten dollars. PART II. OF THE ACQUISITION, THE ENJOYMENT, AND THE TITLE I. OF REAL PROPERTY AND THE ALIENATION THEREOF. CHAPTER 89.-Of Alienation by Deed; the Legal Formalities, Construction, and Operation, of Deeds for the Conveyance of Lands. CHAPTER 90.-Of Estates in Dower, by the Curtesy, for Years, and at Will; and General Provisions concerning Real Estate. CHAPTER 89. OF ALIENATION BY DEED; THE LEGAL FORMALITIES, CONSTRUCTION, SECTION GENERAL PROVISIONS. 1. Conveyances of land by deed. 2. without writing, to have effect of leases at will. 3. what not valid unless by deed recorded. 4. by tenant in tail. 5. by tenant for life and remainder man in tail. 6. of equitable estates tail. when subscribing witnesses are dead. 7. Grantee may in equity obtain conveyance of 22, 23. when grantor refuses to acknowledge. legal estate, &c. 8. Conveyance by quitclaim. 9. by tenant for life or years. 10. Expectant estates not defeated, &c. 11. Exception as to estates tail. 12. Conveyance, &c., for life with remainder to heirs. 13. Conveyance to two or more. 14. Exceptions. 15. Defeasance of conveyance to be recorded. 16. Grantor to make encumbrances known to grantee. 24. when subscribing witnesses are dead, &c. 27. Deed without witness, not so proved. 29. Powers of attorney to convey real estate to DISCHARGE OF MORTGAGES. 30. Mortgages, how discharged. GENERAL PROVISIONS. R. S. 59, § 1. SECTION 1. Conveyances of lands, or of any estate or interest Conveyances of therein, may be made by deed executed by any person having authority land by deed. to convey the same, or by his attorney, and acknowledged and recorded 12 Met. 157. 59 (465) 13 Met. 79. 6 Cush. 163. R. S. 59, § 29. 11 Met. 251. 12 Met. 300. what not valid recorded. in the registry of deeds for the county or district where the lands lie, without any other act or ceremony. SECT. 2. Estates or interests in lands, created or conveyed without an instrument in writing signed by the grantor or his attorney, shall have the force and effect of estates at will only, and no estate or interest in lands shall be assigned, granted, or surrendered, unless by a writing signed as aforesaid or by the operation of law. SECT. 3. No bargain and sale or other like conveyance of an estate unless by deed in fee simple, fee tail, or for life, and no lease for more than seven years from the making thereof, shall be valid and effectual against any person other than the grantor, and his heirs and devisees, and persons having actual notice thereof, unless it is made by a deed recorded as aforesaid. R. S. 59, § 28. 6 Mass. 30. 1 Met. 212. 2 Met. 619. 3 Met. 405. by tenant in R. S. 59, § 3. by tenant for der man in tail. 10 Met. 138. 11 Met. 244. 12 Met. 157. 13 Met. 79. 6 Cush. 163. SECT. 4. Any person actually seised of lands as tenant in tail, may convey the same in fee simple by a deed in common form, in like manner as if he were seised thereof in fee simple; and such conveyance shall bar the estate tail and all remainders and reversions expectant thereon. SECT. 5. When lands are held by one person for life, with a vested life and remain- remainder in tail to another, the tenant for life and the remainder man may convey the same in fee simple by their deed or deeds in common form, in like manner as if the remainder had been limited in fee simple; and such deed or deeds shall bar the estate tail and all remainders and reversions expectant thereon. of equitable estates tail. 1851, 14, § 1. Grantee may, in SECT. 6. Équitable estates tail in lands or tenements, in possession or remainder, may be conveyed in fee simple, and all remainders and reversions expectant thereon may be barred, in the same manner as legal estates tail may be conveyed and the remainders and reversions expectant thereon barred by the two preceding sections. SECT. 7. The person to whom such equitable fee simple is conveyed pursuant to the preceding section, may call for a conveyance of the legal estate, &c. outstanding legal estate from the person in whom the same is at any time thereafter vested in trust; and the supreme judicial court shall have jurisdiction in equity to compel the conveyance thereof. 1851, 14, § 2. Conveyance by by tenant for Expectant es SECT. 8. A deed of quitclaim and release of the form in common use in this state, shall be sufficient to pass all the estate which the grantor could lawfully convey by a deed of bargain and sale. SECT. 9. A conveyance made by a tenant for life or years, purporting to grant a greater estate than he possessed or could lawfully convey, shall not work a forfeiture of his estate, but shall pass to the grantee all the estate which such tenant could lawfully convey. SECT. 10. No expectant estate shall be defeated or barred by any tates not defeat- alienation or other act of the owner of the precedent estate, nor by any destruction of such precedent estate by disseisin, forfeiture, surrender, ed, &c. R. S. 59, § 7. Exception as to or merger. SECT. 11. The two preceding sections shall not be construed to prevent the barring of estates tail in the manner before provided in this chapter, nor to prevent any expectant estate from being defeated in any manner provided for or authorized by the party creating the estate. SECT. 12. When lands are given by deed or will to any person for his life, and after his death to his heirs in fee, or by words to that effect, 1 Coke's R. 94. the conveyance shall be construed to vest an estate for life only in such first taker, and a remainder in fee simple in his heirs. Conveyance, &c., for life, &c. R. S. 59, § 9. 7 Met. 172. 13 Met. 486. 3 Cush. 390. Conveyance to SECT. 13. All conveyances and devises of lands made to two or more persons, except as provided in the following section, shall be construed to create estates in common and not in joint tenancy; unless it is expressed therein that the grantees or devisees shall take the lands jointly, or as joint tenants, or in joint tenancy, or to them and the survivor of them. R. S. 59, § 11. SECT. 14. The preceding section shall not apply to mortgages, nor Exceptions. to devises or conveyances made in trust, or made to husband and wife, 5 Mass. 521. nor to a devise or conveyance in which it manifestly appears from the 7 Mass. 131. tenor of the instrument, that it was intended to create an estate in joint 22 Pick. 556. tenancy. 11 Mass. 469. 8 Gray, 154. be recorded. 5 Pick. 181. SECT. 15. When a deed purports to contain an absolute conveyance Defeasance of of any estate in lands, but is made or intended to be made defeasible conveyance to by a deed of defeasance, bond, or other instrument, for that purpose, R. S. 59, § 27. the original conveyance shall not be thereby defeated or affected as 2 Cush. 494. against any person other than the maker of the defeasance, or his heirs & Cush. 170. or devisees, or persons having actual notice thereof, unless the instrument of defeasance is recorded in the registry of deeds for the county or district where the lands lie. brances known SECT. 16. In all conveyances of real estate by deed or mortgage, Grantor to upon which any encumbrance exists, the grantor, whether he executes make encumthe same in his own right, or as executor, administrator, assignee, trus- to grantee. tee, or otherwise by order of law, shall, before the consideration is paid, 1855, 177, § 1. by exception in the deed or otherwise, make known to the grantee the existence and nature of such prior encumbrance, so far as he has knowledge thereof. ent encum SECT. 17. Whoever conveys real estate by deed or mortgage con- Damages in retaining a covenant that it is free from all encumbrances when an encum- moving apparbrance appears of record to exist thereon, whether known or unknown brances may be to him, shall be liable in an action of contract to the grantee, his heirs, grantor. executor, administrator, successors, or assigns, for all damages sustained 1855, 177, § 3. in removing the same. recovered of ACKNOWLEDGMENTS AND PROOF OF DEEDS. Deeds to be ac- 9 Mass. 219. 6 Pick. 86. SECT. 18. The acknowledgment of deeds shall be by the grantors, or one of them, or by the attorney executing the same. SECT. 19. The acknowledgment may be made before any justice of the peace in this state; or before any justice of the peace, magistrate, or notary public, or commissioner appointed for that purpose by the governor of this commonwealth, within the United States, or in any 18253260. foreign country; or before a minister or consul of the United States in any foreign country. SECT. 20. When a grantor dies or departs from the state without having acknowledged his deed, the due execution thereof may be proved by the testimony of a subscribing witness thereto, before any court of record or probate court in this state. SECT. 21. If all the subscribing witnesses to such deed are also dead or out of the state, the same may be proved before a court of record or probate court in this state, by proving the handwriting of the grantor and of any subscribing witness. R. S. 59, § 13. See Ch. 14, §§ 41-47. proof of exegrantor is dead. R. S. 59, § 14. cution of, when 1851, 208, § 1. when wit nesses are dead. R. S. 59, § 15. refuses to ac SECT. 22. If a grantor refuses to acknowledge his deed, the grantee when grantor or any person claiming under him may apply to a justice of the peace knowledge. in the county where the land lies, or where the grantor or any subscrib- R. S. 59, § 16. ing witness to the deed resides, who shall thereupon issue a summons to the grantor, to appear at a certain time and place before the justice to hear the testimony of the subscribing witnesses; which summons, with a copy of the deed annexed, shall be served seven days at least before the time therein assigned for proving the deed. same subject SECT. 23. At such hearing or any adjournment thereof, the due execution of the deed may be proved by the testimony of one or more of R. S. 59, § 17. the subscribing witnesses; and if proved to the satisfaction of the justice, he shall certify the same thereon, and also whether or not the grantor was present at the hearing. Notary hul SECT. 24. If a grantor refuses to acknowledge his deed and the sub when sub scribing wit &c. R. S. 59, § 18. scribing witnesses to the same are all dead or out of the state, it may nesses are dead, be proved before any court of record or probate court in this state, by proving the handwriting of the grantor and of any subscribing witness; the court first summoning the grantor for the purpose and in the manner before provided. 1851, 208, § 1. Copy of deed SECT. 25. Any person interested in a deed that is not acknowledged, may, before or during such application to a court of record or probate filed in registry court or such proceedings before a justice, file in the registry of deeds a copy of the deed, compared with the original by the register; which shall for thirty days thereafter have the same effect as the recording of the deed, if the deed is within that time duly proved and recorded. of deeds, and Effect may be Deed without SECT. 26. If at the expiration of said thirty days such proceedings for proving the execution of the deed are pending, the effect of filing such copy shall continue until the expiration of seven days after the termination of the proceedings. SECT. 27. A deed shall not be proved in the manner before provided witness not so unless it has at least one subscribing witness. proved. R. S. 59, § 22. Powers of at- SECT. 28. A certificate of the acknowledgment of the deed under the hand of the officer taking the same, or of the proof as above provided by the clerk or register of the court, or the judge or justice respectively, shall be indorsed upon the deed or annexed thereto; and such deed and certificate may be recorded at length in the registry of deeds for the county or district where the lands lie; and no deed shall be recorded without such certificate. SECT. 29. The provisions of law concerning the acknowledgment and registry of deeds shall apply to letters of attorney for the convey. ance of real estate; which if made by husband and wife for the purpose to be acknowl- of authorizing conveyances of her real estate, (and not merely for the release of dower by the wife,) shall be acknowledged by both husband and wife before the same is recorded. edged, &c. Mortgages,how Mortgagee lia to discharge. R. S. 59, § 34. DISCHARGE OF MORTGAGES. SECT. 30. Mortgages may be discharged by an entry on the margin of the record thereof in the registry of deeds, signed by the mortgagee, or his executor, administrator, or assignee, acknowledging the satisfaction of the mortgage; and such entry shall have the same effect as a deed of release duly acknowledged and recorded. SECT. 31. If a mortgagee, his executor, administrator, or assignee, ble for refusing after full performance of the condition, whether before or after breach thereof, shall for seven days after being thereto requested, and after a tender of his reasonable charges, refuse or neglect to make such discharge or execute and acknowledge a deed of release of the mortgage, he shall be liable for all damages occasioned by such neglect or refusal, to be recovered in an action of tort. afportament of rent the 3651569 CHAPTER 90. OF ESTATES IN DOWER, BY THE CURTESY, FOR YEARS, AND AT WILL; |