Instructions for taking Acknowledgments, etc. omission of any acknowledgment by the others may raise doubts on the part of subsequent purchasers. It is, however, only those who convey or release some interest in the land who need unite in the acknowledgment. A grantee who executes the deed merely to bind himself by personal covenants, need not do so. Officers authorized to take acknowledgment or proof, are generally limited in the exercise of such authority to the place or district for which they are appointed; judges, courts, and clerks of courts being limited to the territorial jurisdiction of their tribunal. (d) The Forms-Although as a general rule it is enough if the certificate shows a substantial compliance with the statute, and formal and verbal departures from the form and words of the statute are not regarded as fatal, (e) yet language of the same force and import must be used; (f) and it is best to follow the words of the act so far as they can serve as a guide, and for the rest to pursue the methods of established precedents. Care is necessary on the part of the officer as to the form of the certificate which he signs, whether it be drawn by him or drawn by a party or attorney; as he may perhaps be chargeable with damages resulting from the use of an insufficient certificate. (g) A mistake in the certificate may be corrected by the officer who made it, at any time afterwards during his term of office; (h) except that where the statute makes the validity of the instrument depend upon the record, he cannot amend his certificate after the deed has been recorded. (1) In the following pages are given, under the names of the several States and Territories of the Union, forms for all ordinary cases, framed in this way, agreeably to the laws and the practice of their respective jurisdictions. As the laws of New York on this subject have been copied in several other States, and the practice there is well settled, we give among the forms for that State a large number adapted to peculiar cases, which will be found serviceable guides in framing certificates for similar cases in other States generally. (j) In respect to the use of the forms, it is the better practice in all cases to write the certificate upon the same paper on which the instrument is written; although in some States the law or settled practice sanction a certificate upon a separate paper, firmly annexed. Any material erasures or interlineations in a conveyance should be noted previous to the execution, above the place where the witnesses are to sign; and if not so noted, should be mentioned in the (d) It would exceed our present limits to enumerate the officers within and without each State, who are authorized by its laws to take acknowledgments and proof. For a collection of the provisions of law on this subject we must refer the inquirer to the forthcoming new edition of Bouvier's Law Dictionary, the article in which upon this subject is recent and complete. We are indebted for advance sheets of it to the publisher, Mr. GEORGE W. CHILDS, of Philadelphia. Thornton on Conveyancing, is also an excellent manual, presenting the laws of the States very fully down to about the date of its publication, 2d edition, 1854. (e) Thurman v. Cameron, 24 Wend., 87; Cavender v. Smith, 5 Clarke (Iowa), 159; Whitney v. Arnold, 10 Cal., 531. (f) Tiffany v. Glover, 3 G. Greene (Iowa), 387; Wickersham v. Reeves, 1 Clarke (Iowa), 418; compare Goode v. (g) Fogarty v. Finlay, 10 Cal., 239. Instructions for Certifying. officer's certificate of proof or acknowledgment. The signature of the officer should be followed by his official addition or title. When the proof or acknowledgment of an instrument is taken in one State or Territory to be used in another, the venue of the certificate should designate that in which the proof or acknowledgment is taken; and the body of the certificate should, according to the general usage, give the official title of the officer at full length; and his signature, with his official seal, should be accompanied by his official title. Directions as to those matters of form in the execution of deeds, which the officer is commonly relied on for, are given at the head of the forms for most of the States; and where it is not otherwise indicated, a wax or wafer seal, with some impression thereon, and two subscribing witnesses, are proper. I. OATHS AND AFFIRMATIONS, ADMINISTERED ORALLY TO WITNESSES IN TAKING ACKNOWLEDGMENT OR PROOF. 4. Oath of a subscribing witness, taken upon the Evangelists 5. The same, taken by uplifting the hand.... 6. Affirmation of subscribing witness.. 7. Oath of a witness to identity of party or subscribing witness, taken on the Evangelists... 222 22 PAGE 20 20 20 20 21 21 ACKNOWLEDGMENT AND PROOF FOR THE VARIOUS STATES, ETC. 8. The same, taken by uplifting the hand.. 9. Affirmation of witness to identity of party or subscribing witness.. II. CERTIFICATES OF ALABAMA. 10. Acknowledgment.. 11. Proof by subscribing witness. ARKANSAS. 12. Acknowledgment by a grantor known to the officer... 13. By a grantor not personally known.... 14. By husband and wife, of a joint deed of the wife's land 15. By the same, of a joint deed for the husband's land 16. Proof by subscribing witness ...... 17. Proof by handwriting of grantor and subscribing witnesses CALIFORNIA. 18. Acknowledgment by one or more grantors known to the officer.... 19. The same, where wife joins..... 20. By a grantor not personally known to the officer... 21. Proof by subscribing witness personally known to the officer. 28. The same by husband and wife, where she resides in the Territory. 29. Authentication of acknowledgment taken without the State...... 35 26 26 35 26 27 27 27 28 DELAWARE. Analysis of Chapter of Acknowledgments. PAGE 30. Acknowledgment. 81. The same, of a deed by a corporation DISTRICT OF COLUMBIA. 82. Acknowledgment..... 33. The same, where wife joins.. FLORIDA. 84. Acknowledgment... 85. The same, by husband and wife..... 86. Acknowledgment before commissioner, of deed executed or acknowledged without the State, by grantor not personally known..... 87. Acknowledgment before judge in a city or county where there is no Florida commissioner 81 81 88. Certificate of clerk to be annexed to the foregoing.. GEORGIA. 39. Acknowledgment...... 40. The same, by husband and wife. 41. Proof by subscribing witness.... 42. Acknowledgment or proof taken without the State by Georgia commis sioner.... IDAHO. [Follow forms given for NEVADA.] ILLINOIS. 48. Acknowledgment within the State by a grantor personally known to the officer 83 44. The same, by husband and wife, where wife relinquishes dower..... 45. Acknowledgment within the State, where a grantor is not personally known.... 83 84 46. Acknowledgment without the State, where the grantor is personally known. 34 47. The same, where he is not personally known... 33 48. Acknowledgment without the State, by husband and wife, where wife relinquishes dower......... 85 49. By the same, of a conveyance of the estate of the wife. 35 50. Acknowledgment without the State, by attorney in fact. 51. Proof without the State, by a subscribing witness..... 86 86 52. The same, when the grantor and subscribing witnesses are dead or cannot be produced.... 36 53. Certificate of clerk to acknowledgment taken according to the laws of another State.. 56. Acknowledgment by a grantor personally known to the officer.. 59. Proof by witness, where the grantor is dead or cannot be procured, or refuses to acknowledge..... 39 70. Affidavit to be affixed to mortgages of land and to mortgages or bills of sale of personal property.... MASSACHUSETTS. 71. Acknowledgment within the State... 72. The same, by attorney in fact..... 78. Acknowledgment without the State.. MICHIGAN. 74. Acknowledgment within the State..... 75. The same, by husband and wife.. 76. Acknowledgment without the State.. 48 45. 45 45 46 77. Acknowledgment of deed by a corporation.. MINNESOTA. 78. Acknowledgment 46 79. Acknowledgment where a resident married woman joins her husband in the deed.... 46 84. Authentication of acknowledgment taken by a judge without the State... 48 MISSOURI. 85. Acknowledgment by grantor personally known to the officer.... 49 90. Proof by witness where grantor is dead, or cannot be procured, or refuses to acknowledge........ 50 NEBRASKA. [Follow forms given for Iowa.] 93. Acknowledgment within the State, by a grantor known or identified..... 52 94. The same, by husband and wife.. 52 52 52 53 53 53 99. Acknowledgment without the State..... NEW MEXICO. 100. Acknowledgment by a grantor personally known to the officer... 101. By grantor not personally known.. 54 54 102. By husband and wife.. 54 NEW YORK. 103. Acknowledgment within the State, by grantor known to the officer...... 55 104. By one of several grantors known to the officer... 107. By two grantors, one known and one not known.. 112. By husband known and wife not known.. 114. By husband and wife, resident without the State... 115. By attorney in fact, known to the officer.... 116. By the same, not known..... 117. By sheriff, referee, or receiver.. 119. By executor or trustee. 120. By grantor, after attaining majority, to confirm deed executed during minority.... 55 56 56 56 57 57 57 58 58 58 58 59 59 121. Proof within the State, by subscribing witness known to the officer...... 122. By subscribing witness, not known..... 123. By subscribing witness as to husband, and acknowledgment as to wife, both known to officer.. 125. By subscribing witness known to officer, where grantors are husband and wife residing without the State.... 61 126. The same, where witness is not known.. 61 127. By subscribing witness, known to the officer, deed being executed by attorney..... 128. Proof of deed of a corporation, signed by the president, known to the of ficer.... 62 129. The same of a deed signed by the president and cashier or secretary, and proved by the latter.... 62 130. Of a deed by a religious corporation... 63 |