Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1839-02-28

any other number OF years, Is not REAL ESTATE
within the meaning Of the charter, and thtt all
subscriptions based upon such an interest must
be elected.
The objection has been made tina, Justice
Of the Peace has no authority TO take and certi-
fly acknowledgements, or proof OF deeds, unless
the land be situated in the county for which he
holds his commission. This objection is well
founded as TO all deeds certified prior to the
passage of the act Of 26lh February, 1888 J, ell
titled ian act to extend the powers Of justices
OF the peace" ETC
The Sd seclioa of the "act to amend an ac
Establishing court Of probates in the several
counties ul this slatcT passed 25th Dec. 1888.
made it lawful tor holarieS public $40 take
proof or acknowledgment ofdeeds, whether the
AN Is conveyed be situated in the same county
or not; and the act Of February, 1886, above
referred 10, gays all the powers belonging to
noarics public to Justices of the peace ex Off
clio.
The power to take Acknowledgements by JUS
tees ofth peace is derived by construction
and, iIeXercised, the attorney OF the Bank at
first incIlned 10 the opinion that It ought TO b.
exercised in the character in which IL was re-
cerved; that is, us justice u the Peac, acting as
n,tary public ca ogiciO. The act was passed,
because no provision had been made in the new
constitution, or the laws una lie in pursuance o.
II, for the apponrm mt OF noiares puDl.; ami
justices, acting in that character, were required
TO keepun official record of all their acts.
The reason why authority was given TO no.
ries and not Justices of the peace, by the act
of 1888, was that the former were required &c
II keep official seals, and 10 authenticate thclI
noturial acts thereby.
| The transfer of this authority TO justices Of
the peace, by the act Of 1896, seemed to give
! il to them in their character as notarles public
ex- offico only, and it was so determined. But
upon further consideration, the attorney of the
Bank has decided, contrary 10 his first impress
sions. and somewhat in Difference to the opln
ions of others, that the certificate Of acknowl
edgement, or proof Of deed, by justice o
the peace, in any county in the state, is valid, il
made since the 26th day OF February, 1856
or rather since the Goth day of April, 1856
inasmuch as. according TO the provision IN the
consttulion, the law did not take effect until 6C
days after lis passage.
Its scarcely necessary to remark that, when
ever tract of land is rejected, II only affects
the subscription Of the holder Of it to the eX
tent ofthe value of the land rejected
1.-THE value Of the tract is materially etiec
ted, either way, by the tract rejected, 1t woult
be well that the subscriber cause the commls
sioners to alter their certificate, so as TO con
form to the new aspect of the case. Thl
course will save trouble and difficulty.
1t is very important that those who can per
feet their titles SET about it Immediately. Th'
papers ought to be perfected and returned herr
very soon. No specific time is allowed; bat
is presumed that those who can perfect them
and will be jealous in doing so, will have ample
time.
No general rule has been laid down respec
ting Indian ttIes;-none can be: each one
mus, depend upon its own facts, and a sPec'h'
brief viii be filed in each case. The lands heIC
under the Choctaw treaty cannot in general b'
sold without the appreciation of the President
and the opinion expressed by Cot. G'ldar', Tor
mer Attorney of the Bank, that evidence OF the
approval Of the President must be produced, Ii
concurred in.
The titles which are perfect are retained