Deeds. ALL grants, bargains, and mortgages of land, shall be in writing, subscribed by the grantor, and attested by two witnesses. They shall be acknowledged by the grantor or grantors to be his or their free act and deed, before a justice of the peace or notary public, or before a judge of the supreme or district court or the United States, or of the supreme or superior court, or court of common pleas, or county court, of any individual state, or before the commissioner of the school fund, or before a commissioner or other officer having power to take acknowledgments of deeds, or before a county surveyor when the land lies in his county, and when deeds are executed by an attorney duly authorized, his acknowledgment will be sufficient. When the grantor resides in any foreign state or country, they may be acknowledged to be his or their free act or deed, before any United States consul, resident in such foreign state or country, or before any notary public, or justice of the peace, in such foreign state or country. They must be recorded at length by the register or town-clerk of the town where such lands are; and where deeds are executed by a power of attorney, such power of attorney shall be recorded with the deed. It is requisite that a SEAL be used in this state. The wife need not be privately examined apart from her husband. Form of acknowledgment same as in Maine. Rights of Married Women. THE interest of a married man in the real estate of his wife, belonging to her at the time of their intermarriage, or which she may have acquired by devise or inheritance during coverture, shall not be liable to be taken by execution against him, during the life of the wife, or the life or lives of children the issue of such marriage. All real estate acquired during coverture by the personal services of the wife, and all personal property acquired by or accruing to her during the abandonment of her husband, or while living apart from him by reason of his abuse or habitual intemperance, is her sole and separate estate. When the real estate of a married woman is sold, and the avails invested in her name or for her benefit. the same is construed in equity to be her separate estate, and is not liable for the debts of her husband. All personal estate which shall hereafter accrue, during coverture, to any married man, in right of his wife, by virtue of bequest to her, or distribution to her, as heir at law, and all property derived from the sale or investment thereof, shall vest in him in trust for the use of his wife; and at his decease, if undisposed of, vests in the wife, or her devisees, legatees, or heirs at law. Husband is entitled to the rents and profits of said estate, but such rents and profits can not be taken for his debts-except debts contracted for the support of the wife and her children after such estate has vested in him as aforesaid. No sale or transfer of such estate by the husband is valid unless by consent of the wife, or if she be dead the consent of those in whom her estate shall have vested-and they must join with the husband in the conveyance thereof. Courts of probate may call husband to account and remove him from being trustee and appoint a trustee in his place. An insurance on the life of any person, expressed to be for the benefit of a married woman, will enure to her separate use and benefit, independent of her husband and his creditors and representatives, provided the annual premium shall not exceed one hundred and fifty dollars, unless paid from the private property of the wife. Whenever any married woman shall earn wages by her own labor, payment of the same may be made to her, and when made shall be valid in law as though made to her husband; and no debt for the wages of a married woman, earned as aforesaid, shall be liable to be taken by virtue of any process against her husband. Payment to a married woman of any money deposited by her, either before or after marriage, shall be valid, and her receipt shall have the same effect as that of her husband; not to affect right of husband's creditor to levy. DOWER.-The widow shall have right of dower in one third part of the real estate of which her husband died possessed in his own right, to be to her during her natural life. Rate of Interest. THE legal rate of interest is six per cent. In usurious contracts the principal can be re covered without the interest. Persons guilty of taking usury forfeit the whole of the inter est-one half to him who shall prosecute to effect, one half to state treasury. Wills. ALL wills shall be in writing, subscribed by the testator, and attested by three witnesses all of them subscribing in his presence. Mechanics' Lien. 1. ANY person who shall hereafter, by virtue of any contract with the owner thereof, or his agent, or any person who in pursuance of an agreement with any such contractor, shall, in conformity with the terms of the contract with such owner or agent, perform any labor or furnish materials in building, altering, or repairing any house or other building in the several cities in this state (except the city of New York), and in the villages of Syracuse, Williamsburgh, Geneva, Oswego, Auburn, and Canandaigua, shall have a lien for the value of such labor and materials, upon such house or building and appurtenances, and upon the lot of land on which the same stand, to the extent of the right, title, and interest, at that time existing of such owner, in the manner and to the extent hereinafter provided; but the aggregate of all the liens authorized by this act to be created, for the labor performed and materials furnished, shall not exceed the price stipulated in the contract with such owner or his agent to be paid therefor. §2. The person performing such labor or furnishing such materials shall cause to be drawn up specifications of the work by him contracted to be perfermed or materials to be furnished, and stating the price or prices agreed to be paid therefor, and shall file them, or if there be a contract in writing, a true copy thereof in the office of the clerk of the county in which the city or village may be situated, and serve a notice thereof personally on such owner, or his said agent, within twenty days after the making such contract, or after commencing such labor, or the furnishing of said materials. § 3. The lien so created by this act shall take effect from the time of such filing and such service of said notice, and shall continue in full force for the space of one year thereafter. §4. Any owner and any contractor or laborer, or any person furnishing materials in pursuance of any contract made by such contractor with such owner, or his said agent therefor, may, after such labor has been performed or materials fur nished, enforce or bring to close such lien, by serving or causing a notice to be served personally on such owner or his agent, contractor or laborer, or person furnishing materials. requiring him to appear in the court of common pleas of the county, or in a justice's court of the city or village in the county in which such building is situated, either in person or by attorney, at a time certain on some day to be specified in such notice, not less than twenty days from the service thereof, and submit to an accounting and settlement in such court of the amount due or claimed to be due under such contract, for the labor thus performed, or the materials thus furnished. § 5. At the time of, or within ten days after the service of such notice, a bill of particulars of the amount claimed to be due shall be served personally on such owner, and accompanying the same shall be a notice to produce a bill of particulars of any offset which may claimed to the same within ten days thereafter, which shall be served in like manner. 9. Any person performing such labor or furnishing such materials, in pursuance of any agreement made by him with the original contractor with such owner or his said agent, who shall have done the acts prescribed by the second section of this act, to create a lien therefor, shall have a lien for only such labor as shall be performed and for only such materials as shall be furnished subsequently thereto. § 10. Any such person, within thirty days after such labor has been performed or such materials have been furnished, and claiming to have a lien therefor, shall produce and deliver to the owner or his agent a statement in writing, signed by himself and the said contractor, specifying how much is due to such person for such labor done or materials furnished; or, in default of so doing, shall take the necessary proceedings against such contractor to procure an accounting and settlement of the amount due or owing for such labor or materials. The amount so ascertained to be due shall be paid by the owner, and the same shall be deemed to be a payment by the owner on the contract made with such owner or his agent. |