41 App. D. C. 439; 37 W. L. R. 558. demned or of property assessed for benefits whenever such amendment will not interfere with the substantial rights of the parties interested. Sec. 4911. Each juror shall receive as compensation for his services the sum of five dollars per day for every day necessarily employed in the performance of the duties herein prescribed. Sec. 491m. Any party aggrieved by any final order of the 290 36 W. L. R. Court may appeal therefrom to the court of appeals of 278; 32 W L. R. the District of Columbia; but no appeal from any order of the court confirming any award of damages or assessment for benefits, nor any other proceeding that may be taken by any person, at law or in equity, against the confirmation of any award of damages or any assessment for benefits shall delay or prevent the payment of the damages awarded to other persons in respect of the property condemned, or delay or prevent the taking of the property sought to be condemned, or delay or prevent the opening, extension, widening, or straightening of the street, avenue, road, or highway. Act Dec. 18, 1908, 35 Stat. 582. Sec. 491n. In case any of the owners of land heretofore or hereafter condemned for public use, whether under the provisions of said Code or by virtue of any special or general Act of Congress, are under disability or can not be found, or neglect or refuse to receive the money awarded to them; or in case the record is imperfect or the title to the property is in dispute or uncertain, the money due the owners of the property for damages for land taken may be deposited in the registry of the supreme court of the District of Columbia, for the use of the rightful owners without cost or expense to said District; and thereupon the title to the land condemned shall become vested in the District of Columbia. CHAPTER XVI. CONVEYANCING. Subchapter I.-DEEDS OF REAL PROPERTY. 372. Sec. 492. ESTATES.-No estate of inheritance, or for life, 39 App. D. C. or for a longer term than one year, in any real property, corporeal or incorporeal, in the District of Columbia, or any declaration or limitation of uses in the same, for any of the estates mentioned, shall be created or take effect, except by deed signed and sealed by the grantor, lessor, or declarant, or by will. 401; 26 App. D. D. C.. Me 441; Sec. 493. ACKNOWLEDGMENT.-Acknowledgments of deeds 27 App. D. C. may be made in the District of Columbia before any judge c. 219; 1 App. of any of the courts of said District, the clerk of the supreme D. C. 107; R. S. court of the District, or any justice of the peace or notary Comp. Stat. 490. public, or the recorder of deeds of said District, and the certificate of the officer taking the acknowledgment shall be to the following effect: I, A B, a justice of the peace (or other officer authorized) in and for the District of Columbia, do hereby certify that C D, party to a certain deed bearing date on the ...... day of and hereto annexed, personally appeared before me in said District, the said CD being personally well known to me as (or proved by the oath of credible witnesses to be) the person who executed the said deed, and acknowledged the same to be his act and deed. Given under my hand and seal this........ day of A B. [Seal.] 123 U. S. 297; 28 Sec. 494. RELEASE OF DOWER.-If the wife of the party 32 Stat. 531; executing said deed, being not less than eighteen years of w. L. R. 259: 1 age, shall desire to release her dower in the property con- App. D. C. 326. veyed, she may do so either by joining in the same deed or by a separate deed, wherever executed, signed, sealed, and acknowledged by her in the same manner as provided in the preceding section, and her acknowledgment shall be certified in like manner. Stat. 552. Sec. 495. ACKNOWLEDGMENT OUT OF DISTRICT. When any 32 Stat 531; R deed or contract under seal is to be acknowledged out of Comp. Stat. 491; the District of Columbia but within the United States, the at 88; 34 acknowledgment may be made before any judge of a court of record and of law, or any chancellor of a State, any judge or justice of the Supreme, circuit, or Territorial courts of the United States, any justice of the peace or notary public: Provided, That the certificate of acknowledgment aforesaid, made by any officer of the State or Territory not having a seal, shall be accompanied by the certificate of the register, clerk, or other public officer that the officer taking said acknowledgment was in fact the officer he professed to be. Sec. 496. Deeds made in a foreign country may be 32 Stat. 531; acknowledged before any judge or notary public, or before 22, 1902, 32 Stat. any secretary of legation or consular officer, or acting con- June 28, 1906, 34 See Act March 88, post; See Act R. S. D. C., § 444. Stat. 552, post; sular officer of the United States, as such consular officer is described in section sixteen hundred and seventy-four of the Revised Statutes of the United States; and when the acknowledgment is made before any other officer than a secretary of legation or consular officer or acting consular officer of the United States, the official character of the person taking the acknowledgment shall be certified in the manner prescribed in the last preceding section. Sec. 497. DEEDS OF CORPORATIONS.-The deed of a corporation shall be executed by having the seal of the corporation attached and being signed with the name of the corporation, by its president or other officer, and shall be acknowledged as the deed of the corporation by an attorney appointed for that purpose, by a power of attorney embodied in the deed or by one separate therefrom, under the corporate seal, to be annexed to and recorded with the deed. Sec. 498. ACKNOWLEDGMENT BY ATTORNEY.-No deeds of App. D. C. 116; conveyance of either real or personal estate by individuals shall be executed or acknowledged by attorney. 169 U. S. 55; 7 4 App. D. C. 380. 32 Stat. 531; 39 App. D. C. 523; 51; 31 App. D. D. C. 281, 481; 26 App. Sec. 499. WHEN DEEDS TO TAKE EFFECT.-Any deed con38 W. L. R. 252 veying real property in the District, or interest therein, or 35 PAD: D: declaring or limiting any use or trust thereof, executed and C. 76; 27 App. acknowledged and certified as aforesaid and delivered to D. C. the person in whose favor the same is executed, shall be 218; 6 App. D. held to take effect from the date of the delivery thereof, D. C. 114; 20 except that as to creditors and subsequent bona fide purchasers and mortgagees without notice of said deed, and others interested in said property, it shall only take effect from the time of its delivery to the recorder of deeds for record. C. 330; 5 App. Stat. 39. R. S. D. C., § 448; Comp. Stat. 491. 32 Stat. 531; R. Comp. Stat. 492. Sec. 500. When two or more deeds of the same property are made to bona fide purchasers for value without notice, the deed or deeds which are first recorded according to law shall be preferred. Sec. 501. BONDS AND CONTRACTS.-Any title bond or other S. D. C., § 449; written contract in relation to land may be acknowledged, certified, and recorded in the same manner and with like effect as to notice as deeds for the conveyance of land. 36 W. L. R. 13. Sec. 502. INTERPRETATION.-No words of inheritance shall be necessary in a deed or will to create a fee simple estate; but every conveyance or devise of real estate shall be construed and held to pass a fee simple estate or other entire estate of the grantor or testator, unless a contrary intention shall appear by express terms or be necessarily implied therein. Sec. 503. The word "grant," the phrase "bargain and sell," or any other words purporting to transfer the whole estate shall be construed to pass the whole estate and interest in the property described, unless there be limitations or reservations showing a different intent. Sec. 504. In any deed or will of real or personal estate in the District of Columbia, hereafter executed, the words. "die without issue," or the words "die without leaving issue," Sec. 505. When, in any deed, the word "covenant" is used, such word shall have the same effect as if the covenant was expressed to be by the covenantor, for himself, his heirs, devisees, and personal representatives, and shall be deemed to be with the grantee or lessee, his heirs, devisees, personal representatives, and assigns. Sec. 506. A covenant by the grantor, in a deed conveying real estate, "that he will warrant generally the property hereby conveyed," or a grant of real estate in which the granting words are followed by the words "with general warranty," shall have the same effect as if the grantor had covenanted that he, his heirs, devisees, and personal representatives will warrant and defend the said property unto the grantee, his heirs, devisees, personal representatives, and assigns against the claims and demands of all persons whomsoever. 66 Sec. 507. A covenant by a grantor, in a deed conveying real estate, that he will warrant specially the property hereby conveyed," or a grant of real estate in which the granting words are followed by the words "with special warranty," shall have the same effect as if the grantor had covenanted that he, his heirs, devisees, and personal representatives will forever warrant and defend the said property unto the grantee, his heirs, devisees, personal representatives, and assigns against the claims and demands of the grantor and all persons claiming or to claim by, through, or under him. Sec. 508. A covenant by the grantor, in a deed of land, "that the said grantee shall quietly enjoy said land," shall have the same effect as if he had covenanted that the said grantee, his heirs and assigns, shall, at any and all times hereafter, peaceably and quietly enter upon, have, hold, and enjoy the land conveyed by the deed or intended to be so conveyed, with all the rights, privileges, and appurtenances thereunto belonging, and to receive the rents and profits thereof, to and for his and their use and benefit, without any eviction, interruption, suit, claim, or demand whatsoever by the said grantor, his heirs or assigns, or any other person or persons whatever. Sec. 509. A covenant by a grantor, in a deed of land, "that he has done no act to incumber said land," shall be construed to have the same effect as if he had covenanted that he had not done or executed or knowingly suffered any act, deed, or thing whereby the land and premises conveyed, or intended so to be, or any part thereof, are or will 32 Stat. 531. Repealed Stat. 532. See post. § 32 1025, R. S. D. C., § 458. 4 App. D. C. 459; Stat., p. 494. be charged, affected, or incumbered in title, estate, or otherwise. Sec. 510. A covenant by a grantor, in a deed of land, "that he will execute such further assurances of said land as may be requisite," shall have the same effect as if he had covenanted that he, his heirs or devisees, will, at any time, upon any reasonable request, at the charge of the grantee, his heirs or assigns, do, execute, or cause to be done and executed, all such further acts, deeds, and things, for the better, more perfectly and absolutely conveying and assuring the lands and premises conveyed unto the grantee, his heirs and assigns, as intended to be conveyed, as by the grantee, his heirs or assigns, or his or their counsel learned in the law, shall be reasonably devised, advised, or required. Sec. 511. IMPLIED COVENANTS.-No covenant shall be implied in any conveyance of real estate, whether such conveyance contains special covenants or not. Sec. 512. WHAT ESTATES MAY BE CONVEYED BY DEED.-Any interest in or claim to real estate, whether entitling to present or future possession and enjoyment, and whether vested or contingent, may be disposed of by deed or will, and any estate which would be good as an executory devise, may be created by deed. Sec. 513. CONVEYANCE OF LAND HELD ADVERSELY.-Any person claiming title to land may convey his interest in the same, notwithstanding there may be an adverse possession thereof. Sec. 514. ABSENCE OF ACKNOWLEDGMENT.-No deed or conveyance of squares or lots of public land in the city of Washington, made in pursuance of law prior to the adoption of this code by the commissioner of public buildings or any other authorized officer, shall be deemed invalid in law for the want of an acknowledgment by the commissioner or other authorized officer before such judicial officers, as deeds of real property made between individuals are required by law to be acknowledged. Sec. 515. DEFECTIVE ACKNOWLEDGMENTS.-All deeds and 3803; S. Comp. acknowledgments recorded in the land records of the District prior to the adoption of this code of any of the following designated classes shall, in favor of parties in actual possession, claiming under and through such deeds, be deemed and held and are declared to be of the same effect and validity to pass the fee simple or other estate intended to be conveyed, and bar dower in the real estate therein mentioned, as if such deeds had in all respects been executed, acknowledged, proved, certified, and recorded according to law, namely: First. All deeds which have been executed and acknowledged by married women, their husbands having signed and sealed the same, for conveying any real estate, or interest therein, situated in the District; Second. All acknowledgments of deeds which have been made by married women, whether they have executed the deed or not, for the purpose of releasing their claims to |