Gambar halaman
PDF
ePub

to be under an official seal. By the acts of 1825, c. 58, and 1830, c. 164, the acknowledgment in another state may be before a judge of the U. S. or a judge of a court of record of the state and county where the grantor may be, the clerk to certify under seal the official character of the magistrate. By the act of 1837, c. 97, commissioners may be appointed by authority of the state, who shall reside in the other states or territories of the United States, who shall be authorized to take acknowledgment of deeds. The act of 1831,_c. 205, requires that the officer shall certify his knowledge of the parties. The acknowledgment of a feme covert must be made separate and apart from her husband. 2 Hill. Ab. 442 ; Griff. Reg. h. t. See, also, 7 Gill & J. 480; 2 Gill & J. 173; 6 Harr. & J. 336; 3 Harr. & J. 371; 1 Harr. & J. 178; 4 Harr. & M'H. 222.

Massachusetts. Before a justice of the peace or magistrate out of the state. Held an American consul at a foreign port was a magistrate. 13 Pick. R. 523. An acknowledgment by one of two grantors has been held sufficient to authorize the registration of a deed; and a wife need not, therefore, acknowledge the conveyance when she joins with her husband. 2 Hill. Ab. c. M, s. 45.

Michigan. Before a judge of a court of record, notary public, justice of the peace, or master in chancery; and in case of the death of the grantor, or his departure from the state, it may be proved by one of the subscribing witnesses before any court of record of the state. Rev. St. 208; Laws of 1840, p. 166. When the deed is acknowledged out of the state of Michigan, in the United States or > any of the territories of the U. S., it is to be acknowledged according to ■ the laws of such state or territory, with a certificate of the proper county i clerk, under his seal of office, that < Vol. I.—6.

! such deed is executed according to
, the laws of such state or territory,
i attached thereto. When acknow-

• ledged in a foreign country, it may
i be executed according to the laws of

• such foreign country, but it must in

• such case be acknowledged before a 'minister plenipotentiary, consul, or

charge des affaires of the United States, and the acknowledgment must be certified by the officer before whom the same was taken. Laws of 1840, p. 166, sec. 2 and 3. When the acknowledgment is made by a feme covert, the certificate must state that on a private examination of such feme covert, separate and apart from her husband, she acknowledged that she executed the deed without fear or compulsion from any one. Laws of 1840, p. 167, sec. 4.

Missinxifrpi. When in the state, the deeds may be acknowledged, or proved by one or more of the subscribing witnesses to them, before any judge of the high court of errors and appeals, or a judge of the circuit courts, or judge of probate, and certified by such judge; or before any notary public, or clerk of any court of record in this state, and certified by such notary or clerk under the seal of his office. How. & Hutch, c. 34, s. 99, p. 368, Law of 1833; or before any justice of that county where the land, or any part thereof, is situated. Ib. p. 343, s. 1, Law of 1822; or before any member of the board of police, in his respective county. Ib. p. 455, c. 38, s. 50, Law of 1838.—When in another state or territory of the United States, such deeds must be acknowledged, or proved as aforesaid, before a judge of the supreme court or of the district courts of the United States, or before any judge of the supreme or superior court of any state or territory in the Union. How. & Hutch. 346, c. M, s. 13, Law of 1822; or before and certified by any judge of any inferior

or county court of record, or before i any justice of the peace of the state or territory and county, wherein such I person or witness or witnesses may 1 then be or reside, and authenticated by the certificate of the clerk or register of the superior county or circuit court of such county, with a seal of his office thereto affixed; or if taken before or certified by a justice of the peace, shall be authenticated by the certificate of either the clerk of the said inferior or county court of record of such county, with the seal of his office thereto affixed. Laws of Mississippi, Jan. 27,1841, p. 132. When out of the United States, such acknowledgment, or proof as aforesaid, must be made before any court of law, or mayor or other chief magistrate of any city, borough or corporation of such foreign kingdom, state, nation or colony, in which the said parties or witnesses reside; certified by the court, mayor, or chief magistrate, in the manner such acts are usually authenticated by him. How. & Hutch. 346, c. M, s. 14, Law of 1822. When made by a feme covert, the certificate must state that she made previous acknowledgment, on a private examination, apart from her husband, before the proper officer, that she sealed and delivered the same as her act and deed, freely, without any fear, threat or compulsion of her husband. How. & Hutch. 347, c. M, s. 19, Law 1822.

Missouri. In the state, before some court having a seal, or some judge, justice or clerk thereof, or a justice of the peace in the county where the land lies. Rev. Code 1835, § 8, cl. 1, p. 120. Out of the state and in the United States, before any court of the United States, or of any state or territory, having a seal, or the clerk thereof. Id. cl. 2. Out of the United States, before any court of any state, kingdom or empire having a seal, or the mayor of any city

having an official seal. Every court or officer taking the acknowledgment of such instrument or relinquishment of dower or the deed of the wife of the husband's land, shall endorse a certificate thereof upon the instrument; when made before a court, the certificate shall be under its seal; if by a clerk, under his hand and the seal of the court; when before an officer y having an official seal, under his hand and seal; when by an officer having no seal, under his hand. The certificate must state that the party was personally known to the judge or other officer as the signer, or proved to be such by two credible witnesses. Misso. St. 120—122; 2 Hill. Ab. 453; Griff, h. t. When the acknowledgment is made by a feme covert, releasing her dower, the certificate must state that she is personally known to one judge of the court, or the officer before whom the deed is acknowledged, or that her identity was proved by two credible witnesses; it must also state that she was informed of the contents of the deed; that it was acknowledged separate and apart from her husband; that she releases her dower freely without compulsion or under influence of her husband. Ib. In the conveyance of her own lands, the acknowledgment may be made before any court authorized to take acknowledgments. It must be done as in the cases of release of dower, and have a similiar certificate. Ib.

New Hampshire. Before a justice of the peace or notary public; and the acknowledgment of a deed before a notary public in another state is good. 2 N. H. Rep. 420; 2 Hill. Ab. c. M, s. 61.

New Jersey. In the state, before the chancellor, a justice of the supreme court of this state, a master in chancery, or a judge of any inferior court of common pleas, whether in the same or a different county. Rev. Laws, 458, Act of June 7, 1799; or before a commissioner for taking the acknowledgments or proofs of deeds, two of whom are appointed by the legislature in each township, who are authorized to take acknowledgments or proof of deeds in any part of the state. Rev. Laws, 748, Act of June 5,1820. In another state or territory of the United States, before a judge of the supreme court of the United States, or a district judge of the United States, or any judge or justice of the supreme or superior court of any state in the Union. Rev. Laws, 459, act of June 7, 1799; or before any mayor or other chief magistrate of any city in any other state or territory of the U. S., and duly certified under the seal of such city, or before a judge of any superior court, or court of common pleas of any state or territory; when taken before a judge of a court of common pleas, it must be accompanied by a certificate under the great seal of the state, or the seal of the county court in which it is made, that he is such officer. Rev. Laws, 747, act of June 5, 1820; or before a commissioner appointed by the governor, who resides in such state. Harr. Comp. 158, act of December 27,1826; two of whom may be appointed for each of the states of New York and Pennsylvania. Elmer's Dig. Act of Nov. 3, 1836. When made out of the United States, the acknowledgment must be before any court of law, or mayor, or other magistrate of any city, borough or corporation of a foreign kingdom, state, nation or colony, in which the party or his witnesses reside, certified by the said court, mayor, or chief magistrate, in the manner in which such acts are usually authenticated by him. Rev. Laws, 459, act of June 7,1799; the certificate in all cases must state that the officer who makes it, first made known the contents of the deed to the

person making the acknowledgment, and that he was satisfied such person was the grantor mentioned in the deed. Rev. Laws, 749, act of June 5,1820. When the acknowledgment is made by a feme covert, the certificate must state that on a private examination, apart from her husband, before a proper officer (ut supra), she acknowledged that she signed, sealed, and delivered the deed, as her voluntary act and deed, freely, without any fear, threats or compulsion of her husband. Rev. Laws, 459, act of June 7, 1799.

New York. Before the chancellor, or justice of the supreme court, circuit judge, supreme court commissioner, judge of the county court, mayor or recorder of a city, or commissioner of deeds; a county judge or commissioner of deeds for a city or county, not to act out of the same. When the party resides in another state, before a judge of the United States, or a judge or justice of the supreme, superior or circuit court of any state or territory of the United States, within his own jurisdiction. By a statute passed in 1840, chap. 290, the governor is authorized to appoint commissioners in other states, to take the acknowledgment and proof of deeds and other instruments. When the party is in Europe, or other parts of America, before a resident minister or charge des affaires of the United States; in France, before the United States' consul at Paris; in Russia, before the same officer at St. Petersburg; in the British dominions, before the Lord Mayor of London, the chief magistrate of Dublin, Edinburgh or Liverpool, or the United States' consul at London. The certificate to be under the hand and official seal of such officer. It may also be made before any person specially authorized by the court of chancery of this state. The officer must in all cases be satisfied of the identity of the party, either from his own knowledge or from the oath or affirmation of a witness, who is to be named in the certificate. A feme covert must be privately examined; but if out of the state this is unnecessary. 2 Hill. Ab. 434; Griff. Reg. h. t.

North Carolina. The acknowledgment or proof of deeds for the conveyance of lands, when taken or made in the state, must be "before one of the judges of the supreme court, or superior court, or in the court of the county where the land lieth." 1 Rev. Stat. c. 37, s. 1. When in another state or territory of the U. S., or the District of Columbia, the deed must be acknowledged, or proved, before some one of the judges of the superior courts of law, or circuit courts of law of superior jurisdiction, within the said state, &c, with a certificate of the governor of the said state or territory or of the secretary of state of the United States, when in the District of Columbia, of the official character of the judge; or before a commissioner appointed by the governor of this state according to law. 1 Rev. Stat. c. 37, s. 5. When out of the United States, the deeds must be acknowledged, or proved, before the chief magistrate of some city, town, or corporation of the said countries where the said deeds were executed; or before some ambassador, public minister, consul, or commercial agent, with proper certificates under their official seals. 1 Rev. Stat. c. 37, s. 6 and 7; or before a commissioner in such foreign country, under a commission from the county court where the land lieth. Sec. 8. When acknowledged by a feme covert, the certificate must state that she was privily examined by the proper officer, that she acknowledged the due execution of the deed, and declared that she executed the same freely, voluntarily, and without the fear or compulsion of her said hus

band, or any other person, and that she then assented thereto. When she is resident of another county, or so infirm that she cannot travel to the judge, or county court, the deed may be acknowledged by the husband, or proved by witnesses, and a commission in a prescribed form may be issued for taking the examination of the wife. 1 Rev. Stat. c. 37, s. 6, 8, 9,10, 11,13 and 14.

Ohio. In the state, deeds and other instruments affecting lands must be acknowledged before a judge of the supreme court, a judge of the court of common pleas, a justice of the peace, notary public, mayor, or other presiding officer of an incorporated town or city. Ohio Stat. vol 29, p. 346, act of February 22,1831, which went in force, June 1, 1831, Swan's Coll. L. 265, s. 1. When made out of the state, whether in another state or territory, or out of the U. S., they must be acknowledged, or proved, according to the laws of the state, territory or country, where they are executed, or according to the laws of the state of Ohio. Swan's Coll. L. 265, s. 5. When made by a feme covert, the certificate must state that she was examined by the officer, separate and apart from her husband, and the contents of the said deed were fully made known to her, that she did declare, upon such separate examination that she did voluntarily sign, seal, and acknowledge the same, and that she is still satisfied therewith.

Pennsylvania. Before a judge of the supreme court, the courts of common pleas, the district courts, or before any mayor or alderman, or justice of the peace of the commonwealth, or before the recorder of the city of Philadelphia. When made out of the state, and within the United States, the acknowledgment may be before one of the judges of the supreme or district courts of the United States, or before any one of the judges or justices of the supreme or superior courts, or courts of common pleas of any state or territory within the United States; and so certified under the hand of the said judge, and the seal of the court. Commissioners appointed by the governor, residing in either of the United States or of the District of Columbia, are also authorised to take acknowledgment of deeds. When made out of the United States, the acknowledgment may be before any consul or vice-consul of the United States, duly appointed for and exercising consular functions in the state, kingdom, country or place where such an acknowledgment may be made, and certified under the public or official seal of such consul or viceconsul of the United States. Act of January 16, 1827. By the act May 27th, 1715, s. 4, deeds made out of the province (state) may be proved by the oath or solemn affirmation of one or more of the witnesses thereunto, before one or more of the justices of the peace of this province [state], or before any mayor or chief magistate or officer of the cities, towns or places, where such deed or conveyances are so proved. The proof must be certified by the officer under the common or public seal of the cities, towns, or places where such conveyances are so proved. But by construction it is now established that a dxdacknowledged before such officer is valid, although the act declares it shall be proved. 1 Pet. R. 433. The certificate of the acknowledgment of a feme covert must state, 1, that she is of full age; 2, that the contents of the instrument have been made known to her; 3, that she has been examined separate and apart from her husband; and, 4, that she executed the deed of her own free will and accord, without any coercion or compulsion of her husband. It is the constant practice of making the certificate under seal,

though if it be merely under the hand of the officer, it will be sufficient. Act of Feb. 19, 1835.

By the act of the 16th day of April, 1840, entitled "An act incorporating the Ebenezer Methodist Episcopal congregation for the borough of Reading, and for other purposes," Pamph. Laws, 357, 361, it is provided by § 15, "That any and every grant, bargain and sale, release, or other deed of conveyance or assurance of any lands, tenements, or hereditaments in this commonwealth, heretofore bonaJide made, executed and delivered by husband and wife within any other of the United States, where the acknowledgment of the execution thereof has been taken, and certified by any officer or officers in any of the states where made and executed, who was, or were authorized by the laws of such state to take and certify the acknowledgment of deeds of conveyance of lands therein, shall be deemed and adjudged to be as good, valid and effectual in law for transferring, passing and conveying the estate, right, title and interest of such husband and wife of, in and to the lands, tenements and hereditaments therein mentioned, and be in like manner entitled to be recorded, as if the acknowledgment of the execution of the same deed had been in the same and like way, manner and form taken and certified by any judge, alderman, or justice of the peace, of and within this commonwealth. § 16, That no grant, bargain and sale, feoffment, deed of conveyance, lease, release, assignment, or other assurance of any lands, tenements and hereditaments whatsoever, heretofore bona fide made and executed by husband and wife, and acknowledged by them before some judge, justice of the peace, alderman, or other officer authorized by law, within this state, or an officer in one of the United States, to take such acknow

« SebelumnyaLanjutkan »