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Dis'd at the Girard B'k R. M. Snell's note, dated May 10, at 2 mos. Dis. off 39 days. Proceeds to my credit. 6

Sold Rob't Thompson, on his note at 90 days, 5 bbls. mus. sugar, 251, 272, 267, 233, 268,-2% per cent. Tare=fbs. @11/2

7 Dis'd for E. R. Carpenter & Co.

My note their favor,
dated Ap'l 24, at 4 mos.
Dis'd off 82 days, @
9 per cent. .
Proceeds paid in cash.
8

Rec'd from Harrison &
Fletcher on ac't.

Their note at 30 days,

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Accretion. See REAL PROPERTY. Accusation. See CRIMINAL LAW; Slander. ACKNOWLEDGMENT. See BILLS OF SALE; CONVEYANCES; EVIDENCE; LEASES; MORTGAGES; POWERS OF ATTORNEY. For full and elaborate series of Acknowledgment Certificates see NEW YORK and PENNSYLVANIA Forms.

All deeds, mortgages, powers of attorney, and other instruments for the conveyance of incumbrance of any real property whatever, must be acknowledged, and in conformity with the provisions of the statute in force where the property is situated.

ACKNOWLEDGMENT FORMS. Stating the officer's place of residence, The first thing that the certificate of acknowledgment should show is the place where it is taken and made. The officer who certifies to the acknowledgment must be authorized by law, and can act only in the limits of the territory or locality for which he is appointed or elected. Thus: an officer or court of Allen county could not legally take an acknowledgment in Brown county, and Allen county may be in Alabama and also in Wyoming.

This statement should be such as is commonly used in the place it is taken.

Examples are as follows:

State of

Cr.

1,760 00 June 1 By Stock,
366 18

12,126/18

State of

2,126 18

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county, ss., Ør ?

county, sct., or:

county, to wit, or :

-, county of ——, city of

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in the year —

etc., or:

On this

day of - personally appeared before me, a (giving your official title) in and for said county, came (or personally appeared) G. R., etc., or:

On this day of, before me (the undersigned) O. R., a (give official title) in and for said county (or city, etc.) came (or personally appeared) G. R., etc., or:

I, O. R., a in and for said county (or city, etc.) do hereby certify unto all whom it may concern that G. R. did this day appear before me, etc., or:

day of

Be it remembered, that on this — before me, O. R., a (stating the name of his office) in and for said county, the grantors, G. N., T. R., and R. S., etc., or:

Boston, July 4, 1876, then personally appeared the above G. R., etc.

After commencing the certificate as above indicated, it is necessary to state what the party appearing acknowledges; these forms of statement vary in the dif ferent States, and are given in the following pages, to which you are referred.

Conclusion of the Certificate.

In order that the certificate shall be authoritative, the officer must by an appropriate conclusion bear witness to and affirm the making of the declarations embraced in the certificate of acknowledgment, and then sign, and if he have any) affix his seal to the same. The conclusion may be thus:

Given under my hand and seal of office, or:
Given under my hand and seal this

O1, or:

day

In testimony whereof, I have hereunto set my hand and (official or notarial) seal, the day and year last above written (or, the day of

or:

In testimony whereof, I have caused the seal of (the - court) to be affixed (at) this day of, or :

In witness whereof, etc.

Officer's Signature and Seal. The signature of the officer followed by his official title is made at the bottom right side of the instrument.

The seal of an officer (when a seal is required by law), if a scrawl, is generally written at the end of his name and official title; but, if an impression seal, it is stamped at the bottom left side of the instrument. [L. S.] M. R., Mayor of

J. P., Justice of the Peace. [Seal.] [L. S.] N. P., Notary Public.

[L. S. P. O., Presiding Officer of (state what). [L. S.] C. C., Clerk of the Court, or: [L. S.] J. J., Judge of the -Court. [L. S.] C. D., Commissioner of Deeds for the State of

[L. S.] C. L., Consul of the United States of America resident at -.

z-These clauses apply to Florida only. It is also necessary that the certificate of acknowledgment of the clerk or prothonotary be authenticated by the judge or justice present at the making thereof certifying that said acknowledgment was made in his presence, and that

Acknowledgment-General Form. Embracing the legal requisites for District of Columbia, all the States, Territories, and Canada. All terms, words, and phrases in this acknowledg ment are strictly statutory, are drawn from a comparison of all the statutes, and when this acknowledgment is used it should be either in connection with the particular statutes regulating the terms of the acknowledgment to be taken or copied at large.

It is necessarily long, but exhibits practically and in the aggregate the various methods of securing a free and voluntary acknowledgment. There is no necessity in its use; it being customary to take and conform the acknowledgment according to the provisions of the law of the place where the land conveyed is situated.

State (or Empire; Kingdom; Port; Territory of, as the case may be). County (or City; District; Province, etc., as the case may be) of ——, ss. I hereby certify:

That I (name of officer taking acknowledgment in full) am (title of officer in full) and duly commissioned, qualified, sworn, and acting as such.

That A. B. and his wife W. B. signed and sealed the (above, or annexed, or foregoing, or within) conveyance (or instrument of writing).

That said A. B. and W. his wife are personally known to me as the grantors in said conveyance (or instrument).

Or, That said A. B. and W. his wife were each (or, that the identity of each of said grantors was) satisfactorily proved to me by and on the oath (or affirmation) of W. T., of, and N. S., of both good and credible witnesses, who are each personally known to me to be the persons whose names are subscribed to said conveyance (or instrument).

That said A. B. and W. his wife each personally appeared before me at, on this day of A. D.

That said A. B. and W. his wife were then and there each made acquainted with the contents and legal effect of said conveyance (or instrument), and the same explained to them, and each fully advised of their rights in and concerning the property therein conveyed, described and referred to.

That said A. B. and W. his wife did then and there acknowledge that they executed, signed, sealed, and delivered said conveyance (or instrument) on the day the same bears date, for the consideration, purposes, and uses therein expressed, mentioned, and set forth,

(That W. T., of, and N. S., of —, good and credible witnesses, attested such execution, signing, sealing, delivery, and acknowledgment.) A. B. W. B.

Subscribed and sworn (or affirmed) to before me this day of, A. D. ————— [Official seal.]

I do further certify:

(Signature and official title.)

That said W. B., wife of said A. B., was then and there privily, privately, separately, and apart from, and in the absence, and without the hearing of her said husband A. B. (and in the presence of J. J., Judge of the Court, and in the presence of W. T. (of), and N. S. (of ——), two credible witnesses *), and being by me (the clerk of said court) first made acquainted with the contents of said conveyance (or instrument), and the same thing shown and fully explained to her, and she being fully advised of the nature of her rights in, to and upon the property therein described, conveyed, etc., examined her touching her execution, signing, sealing, and delivery of said conveyance (or instrument).

That said W. B. then and there and thereupon acknowledged and declared that she made herself a party to said conveyance (or instrument), executed, signed, sealed, and delivered the same (and the relinquishment and renunciation of dower therein a to the lands, tenements, and hereditaments therein described) of her own free will and accord,

the person acting as clerk or prothonotary was, at the time of his so doing the clerk or prothonotary of the court of which he was judge or justice. a-This clause applies to Arkansas and Florida only.

freely, understandingly, willingly, voluntarily, and as her own act and deed, and without the coercion, compulsion, constraint, restraint, apprehension, fear, threats, illicit or undue influence by, of, or from her said husband or any other person, or fear of her said husband's or any other person's displeasure, and that she was and is still satisfied therewith, and wished not, and does not wish to retract it, and consents that the same may be recorded.. (Signature of wife.) W. B. Subscribed and sworn to before me this day of, A. D.

[Official seal.]

(Signature and official title.) Acknowledgment-Administrator. 1 The only difference between this acknowledgment and those between parties representing themselves personally is this: an individual sets out only his name and acknowledges the conveyance as such. The administrator sets out both his "name and official title in full," and acknowledges the conveyance "as such officer."

Write out the acknowledgment as usual to the grantor's name, then write the grantor's (administrator's) name, etc., thus, "A. R.," Administrator of the estate and effects of D. D., deceased; continue the acknowledgment as usual, and ending "as such Administrator.'

Acknowledgment—Assignee.

See Acknowledgment--Administrator, above. Write out the acknowledgment as usual, and for grantor's (assignee's) name, etc., "A. E.," Assignee of the estate and effects of A. R. & Co., bankrupts (or insolvents), continuing the acknowledgment as usual, and ending "as such assignee.'

Acknowledgment-Agent or Attorney. The acknowledgment is in the usual form to grantor's name, which is as follows: A. B. " by A. A., his at

torney in fact." Continue the acknowledgment as

usual, adding to it, when complete, the following matter: (by virtue of a power of attorney, duly executed by said grantor, bearing date the day of 187-, and recorded in the office of the of county, in the State of, in volume -, page of -,) for and as the act of aid A. B.

Acknowledgment-Corporation. The acknowledgment in such cases is, in the absence of provisions to the contrary, the same as usual, adding the name and description of the officers authorized to acknowledge for the corporation, thus, "The A. B. Railway Co., by P. P., its President" (and S. Y., its Secretary, etc., continuing as usual and ending with (a recital of authority and) "as such president (and secretary), etc., for and as the act of said company (or corporation).

The seal of the corporation is also a requisite to the acknowledgment.

Acknowledgment-Executor.

See Acknowledgment—Administrator, above. The acknowledgment is as usual, except grantor's name and title should be thus, E. X., " Executor of the last will and testament of D. D., deceased," continuing the form as usual, and ending "as such ex

ecutor.

Acknowledgment—Guardian.

See Acknowledgment—Administrator, above. The acknowledgment is as usual, except grantor's name should be thus, G. N., "Guardian of the person (and estate) of M. I., N. O., and R. R., minor heirs of D. D., deceased," continuing the form as usual, and ending "as such guardian."

Acknowledgment-Infant or Minor. The acknowledgment is in the usual form to grantor's name, "I. I.," inserting the proper words of connection, "that said instrument was formerly executed by him when an infant under the age of twenty-one years; that he since arrived at full age; that he is desirous of confirming his former execution thereof," ending as usual.

Acknowledgment-Receiver.

The acknowledgment is in the usual form, grantor's name as follows, R. R., “Receiver in the matter of A. B. vs. C. D., pending in the - Court," continuing as usual, and ending with a recital of authority and "as such receiver.'

Acknowledgment-Sheriff.

The acknowledgment is in the usual form, grantor's name as follows, S. F., "Sheriff of County," continuing as usual, reciting the substance of judgment, execution, order of sale, and confirmation, and ending "as such sheriff."

Acknowledgment-Translation.

The acknowledgment is in the usual form, the instrument being acknowledged as "the conveyance (or instrument) of which the foregoing is a correct translation" (or purports to be a correct translation). ALABAMA.

Acknowledgments and proofs of conveyances may be taken in this State by judges of the supreme and circuit courts and their clerks, chancellors, and registers in chancery, judges of the courts of probate, justices of the peace, and notaries public. If taken in other States of the United States, they may be taken by judges and clerks of any federal court, judges of any court of record in any State, notaries public, or commissioners appointed by the governor of Alabama. Beyond the limits of the United States, such acknowledgments and proofs may be taken by the judge of any court of record, mayor, or chief magistrate of any city, town, borough, or county, notaries public, or by any diplomatic, consular, or commercial agent of the United States.b

No other proof or authentication of such acknowledg ment is necessary than the certificate of such officer. Powers of attorney to convey property may be proven or acknowledged in the same manner, and must be received as evidence to the same extent as conveyances.

If the grantor is unknown, his identity may be established by witnesses sufficient to satisfy the officer before whom the acknowledgment is made.

The execution of deeds, etc., by corporation depends altogether on the act of incorporation.

Deeds may be proved as well as acknowledged. Acknowledgment-Husband and Wife.' The State of —,

county,

I (name and title of officer) hereby certify that A. B. and W. B. his wife, whose names are signed to the foregoing conveyance and who are known to me, acknowledged before me on this day, that being informed of the contents of the conveyance, they executed the same voluntarily, on the day the same bears date. Given under my hand this A. D..

day of

(Signature and title of officer. Proof by Subscribing Witness.4 The State of county,

I (name and title of officer) hereby certify that W. S., a subscribing witness to the foregoing conveyance, known to me, appeared before me this day, and being sworn, stated that A. B., the grantor, voluntarily executed the same in his presence, and in the presence of the other subscribing witness, on the day the same bears date; that he attested the same in the presence of the grantor and of the other witness, and that such other witness subscribed his name as a witness in his presence. Given under my hand this day of A. D. —. (Signature and title of officer.) Acknowledgment –Separate Examination of Wife.

The examination of the wife separate and apart from her husband is necessary to convey the title to any homestead exempted by the laws of this State. This examination may be had before any officer authorized by law to take acknowledgments of deeds, who must in. dorse thereon a certificate in writing in the following form:e

State of Alabama. County of—.

I (name and title of officer) do hereby certify that on the- day of ——, 18-, came before me the within named W. B., known to me (or madı known to me) to be the wife of the within named A. B. who being examined separate and apart b-Code of 1886, 1799-1900. c-Code of 1886, 1802. d-Code of 1886, 1803. e-Code of 1886, 2508.

from the husband, touching her signature to the within acknowledged that she signed the same of her own free will and accord and without fear, constraints or threats of the husband.

In testimony whereof I have set my hand this day of

(Signature and title of officer.)

ARKANSAS.

Conveyances, when acknowledged or proved in this State. Proof or acknowledgment may be taken before the supreme or circuit court, or either judge or clerk thereof, or before the county court or presiding⚫judge thereof, or any justice of the peace or notary public. Anywhere else in the United States, before any court of the United States, or any State or Territory having a seal, or the clerk thereof, mayor or chief offi cer of any city or town having a seal of office. Out of the United States, before any court of any state, kingdom or empire having a seal, or any mayor or chief officer of any city or town having an official seal, or before any officer of any foreign country who, by its laws, is authorized to take probate of the conveyance of real estate of his own country, if he have an official seal. The officer must certify that the grantor is known to him personally, when such is the case, otherwise he must take proof of his identity by affidavit or affidavits to accompany the certificate of acknowledgment. Proof is made by one or more subscribing witnesses swearing that they saw the grantor subscribe the deed, or heard him acknowledge that he had subscribed and executed the deed for the purposes and consideration therein mentioned, and that he or they had subscribed the same as witnesses at the request of the grantor. If the witnesses are dead, or cannot be had, the handwriting of the grantor and at least one of the witnesses may be proved by depositions of two disinterested witnesses.

Wife must join husband in conveyance of his lands and relinquish dower. Husband need not join in conveyance of wife's lands. Conveyances must be recorded in county where lands are situated, and are not liens until recorded. Defective acknowledgments cured to date by Act of May 8, 1899. Such an act is passed every two years.

Acknowledgment by Husband and Wife, Lands of Husband.

State of, county of, ss.

Be it remembered, that on this day came before the undersigned (name and title of officer), within and for the county aforesaid, duly commissioned and acting, A. B., to me well known as the grantor in the foregoing deed, and stated that he had executed the same for the consideration and purposes therein mentioned and set forth.

And on the same day also voluntarily appeared before me, W. B., wife of the said A. B., to me well known, and in the absence of her said husband, declared that she had of her own free will signed and sealed the relinquishment of dower in the foregoing deed, for the purposes therein contained and set forth, without compulsion or undue influence of her said husband.

Witness my hand and seal, as such (title of officer) on this- day of

.

(Signature and title of officer.) Acknowledgment by Husband and Wife, Lands of Wife.

State of, county of -————, ss.

On this day came before me, a duly commissioned, qualified, and acting (here insert name and title of officer), within and for the county aforesaid, A. B. and W. B. his wife, to me well known as the grantors in the foregoing deed; and the said A. B. stated that he had executed the same for the consideration and purposes therein mentioned and set forth; and the said W. B., in the absence of her said husband, voluntarily declared that she had of her own free will executed the same for the purposes therein contained and set forth, without compulsion or undue influence of her said husband.

Witness my hand as such (title of officer), on this day of

(Signature and title of officer.) g-Gould's Dig. ch. 117, 1. h-Gould's Dig. ch. 37.

CALIFORNIA.

The proof or acknowledgment of an instrument may be made within the State before a justice or clerk of the supreme court, a judge or clerk of a court of record, a court commissioner, county recorder, notary public, or a justice of the peace.i

If proved or acknowledged out of this State, but in the United States, it may be before a justice, judge, or clerk of a court of record of the United States, any justice, judge or clerk of any court of record, a notary public, or by a commissioner appointed by the governor of this State for that purpose; also by any other officer of the State or Territory where the acknowledgment is made, authorized by its laws to take such proof or acknowledgment.j

If taken or made out of the United States, before a minister, commissioner, or chargé d'affaires of the United States resident and accredited in the country where the proof or acknowledgment is made, or a consul, vice-consul, or consular agent of the United States resi dent in the country where the proof or acknowledgment is made, or a judge of a court of record of the country where the proof or acknowledgment is made, or commissioner of deeds for this State or a notary public. Acknowledgment-General Form. State of -, county of On this day of

SS.

in the year—, before

me (name and title of officer), personally appeared A. B., known to me (or proved to me on the oath of W. S.) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he (she or they) executed the same. (Signature and official title.) If the deed be executed by a corporation, after the words "known to me," etc., insert "to be the president (or secretary) of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same."

[Seal]

וי'

Acknowledgment—Of Married Woman. A conveyance by a married woman in the State of California has the same effect at law as if she were unmarried. There need not, therefore, be a separate form of acknowledgment for a married woman, but the same form can be used as if she were unmarried. The above general form will answer every purpose of a valid acknowledgment by married women.

An acknowledgment by an attorney in fact is the same as the general form, excepting afte, the word "instrument insert Was the attorney in fact of, and

"

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as principal, and his own name as attorney in fact." Acknowledgments must be authenticated by the signature of the certifying officer, followed by the name or title of office, and the official seal affixed, if the officer has by law an official seal. The seal may be made by an impression on the paper, or on wax or other substance attached.

Proof by Subscribing Witness. Deeds can be proved "by the party executing it or either of them; or by a subscribing witness," or by other witnesses as to the handwriting where all the parties and witnesses are dead, non-residents of the State, or residence unknown, etc.

No particular form is specified or required. It must show that the witness making the proof was sworn, and deposed that the person whose name is subscribed to the instrument as a party is the person described in it, and that such person executed it, and that the witness subscribed his name thereto as a witness. P

If grantor be unknown, the officer may take the acknowledgment after examining a known witness under oath; he must set out the fact that the grantor "was proved by the oath of W. S., a credible witness, personally known to me to be the person named in and who executed the within instrument.' With this modification use the same form as for an ordinary acknowledgment, together with a certificate of the chief judge or i-C. C. § 1181. j.C. C. 1182. K-C. C. 1183. L C. C. 1189. o-C. C. 1192. p-C. C. 1198.

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