Polynesian., 1852-08-14
KAMEHAMEHA.
KEoNI ANA.
AN ACT
RELATING TO THE RECORDING OF
CONVEYANCES

| AN ACT
RELATING TO THE RECORDING OF
CONVEYANCES.
Be 1T ENACTED by the MOBILES and Repre-
sentatires Of the Hauaiian Islands in LegisIa-
fire Council assembled:
SEC. L, Every deed, lease, or other con-
veyance of real estate within this Kingdom,
hereafter made, shall be recorded in the
office of the Registrar of Conveyances, and
every such conveyance not SO recorded, sha II
be void as against any subsequent purchaser
in good faith and for a valuable consdera-
tion, not having actual notice of such con-
veyance of the same real estate, or any por-
tion thereof, whose conveyance shall be first
duly recorded.
SEC. 2. To entitle any conveyance here
after made, to be recorded, it shall be ac-
knowledged by the party or parties executing
the same before the Registrar of convey
ances of this kingdom, or his agent, or any
Judge of court of record, or notary public
within this kingdom, or in any foreign coun-
try, or before any Commissioner appointed
for that purpose by the King, or before any
Minister, Commissioner or Consul of the
Hawaiian Islands in any foreign country
Bnt in case the grantOr shall die, or depart
from the kingdom without having acknow-
ledged his deed, or shall refuse to acknow-
ledge his deed, it may be entered of record
on proof of IFS execution by a subscribing
witness thereto before any Judge of court
of record in this kingdom. If all the sub
scribing witnesses to such deed or other con-
veyance of real estate shall be dead or out
of the kingdom, the same may be proved be-
fore any court of record in this kingdom by
proving the handwriting of the grantor and
any subscribing witness
SEC. g. Every officer who shall take the
or proof of any conveyance
shall endorse certificate thereof, signed by
himself, on the conveyance, and in cases of
proof, give the names of the witnesses ex-
amined before such officer, their places of
residence, and the substance of the evidence
by them gwen.
SEC. 4. Every conveyance, acknowledged
or proved, and certified in the manner above
prescribed, by any of the officers before
named, may be read in evidence, without
further proof thereof, and shall be entitled to
be recorded.
SEC. 5 The record of conveyance duly
recorded, or transcript thereof, duly certi-
uCu, tldt diSO Dc Ttdu HI tflucHCS, WIN tHC
like force and effect as the original convey
ance. Neither the certificate of acknowledg-
ment. or the proof of any conveyance, shall
be conclusive, but may be rebutied, and the
force and effect thereof may be contested by
any party affected thereby. 1.-THE party con-
testing the proof of a conveyance, shall make
it appear that such proof was taken upon the
oath of an interested or incompetent witness,
neither such conveyance, nor the record
thereof shall be received in evidence until
established by other competent proof.
SEC. 6. Every conveyance entitled by law
TO be recorded, shall be recorded in the or
der, and as of the time when the same shall
be delivered to the Registrar for that pur-
pose, and shall be considered as recorded
from the time Of such delivery.
Sec. T. This act shall take effect from the
day of its passage, and all acts or parts of
acts in contravention of the same shall be and
are hereby repealed.
Approved this 9th day of July. A. D.
1852.
KAMEHAMEHA.
KEoNI ANA