Gambar halaman
PDF
ePub

presiding magistrate that the person making the attestation is the clerk of the court or the legal keeper of the record, and in either case that the signature of such person is genuine, and that the attestation is in due form.

The signature of the chief judge or presiding magistrate must be authenticated by the minister or ambassador, or a consul, vice-consul, or consular agent of the United States in such foreign country.

CANADA.

Province of Ontario.

In conveying the estate of a married woman no acknowledgment or separate examination of the wife is required.

Proof of deeds, mortgages, etc., for registration, is to be made by affidavit on the instrument, or securely attached to it, as follows: Within the Province, before any commissioner for taking affidavits, before the registrar of deeds or his deputy, or before a judge of any of the superior courts or a county court. In Great Britain, before a judge of the superior courts, or of a county court, or the mayor or chief magistrate of any sity, borough, or town corporate, certified under the common seal of such city, etc., or a commissioner appointed for taking affidavits in any of the courts of record of the Province. In any British colony or possession, except India, before a judge of a court of record, or the mayor of any city, borough, or town corporate, certified under the common seal; or before any notary public certified under his official seal. India, before any magistrate or collector certified to have been such under the hand of the governor of the possession. In any foreign country, before the mayor of any city, borough, or town corporate, certified under the common seal; or before any British consul or viceconsul resident in such country; or before a judge of a court of record or a notary public, certified under his official seal.

Proof by Subscribing Witness. State of, county of to wit.

In

I (here insert 1, name; 2, residence; 3, addition, xcupation, or calling, of the subscribing witness in full), make oath and say: 1, That I was present and did see the within (or annexed) deed (mortgage, discharge of mortgage, or other instrument), and a du plicate thereof (if the fact) duly executed signed, sealed, and delivered, by A. B. and C. D., the parties (or two of the parties) thereto. 2. That the said instrument and duplicate were executed at (state place of execution). 3. That I know the said parties so executing the said instrument (or such one or more of them, according to the fact). 4. That I am a subscribing witness to the said execution of the said instrument and duplicate.

at

[Signed]

Sworn to before me

[blocks in formation]

W. S.

And I hereby certify the same under my official seal.

[blocks in formation]

Province of Quebec. The execution of deeds to real property in the Province of Quebec made by parties residing in the United States are valid when duly executed according to the laws or custom of the locality where executed.

If executed in presence of witnesses, one or all of such witnesses must make an affidavit of the authenticity of the signatures before the mayor or chief magistrate of the locality, who must give a certificate to that effect, which certificate should then be legalized by the nearest British consul.

All such matters as the number of witnesses, seals, etc., may be governed by the laws of the locality where the deed is executed.

A wife, if she have any interest, such as waiver of dower, or other right, may be a party to the deed, subject to the laws of the locality.

If the authenticity of any such deed is questioned, it r-C. C. P. 1906. s-See General Statutes.

must be proved by evidence taken at the place of its execution by a commissioner appointed by the court.

Such deeds, to take effect, must be registered in conformity with the provisions of the Civil Code on the registration of real rights.

Acknowledgment—Taken in the United States or Territories.

SS.

State (or Territory) of -, county of On the day of A. D. one thousand eight hundred and. Before me, J. P., of (place of residence), (a justice of the peace for the county of or mayor of or a notary public duly appointed and sworn for), personally came and appeared A. B., the person who executed the foregoing deed (power of attorney or other instrument), and to me well known as such, who then and there acknowledged that he had executed the same.

• Witness my hand and seal at , on the day and year first above written. J. P. [Seal.]

The above acknowledgment may be made before any public officer of the country in which the power is made; but if the power be one authorizing the execution of a discharge of a mortgage or other deed requiring registration, it must be proved by affidavit of one of the witnesses before any minister or chargé d'affaires, or consul of her majesty in such foreign country.

COLORADO.

Acknowledgment of deeds, mortgages, etc., when executed in this State, may be taken before any jus tice of the supreme or district courts, or any clerk of either of said courts, or the deputy of any such clerk, or before the probate judge of any county, such probate judge and such clerks certifying the same under the Seal of such court respectively; before the county clerk of any county, or his deputy, he or his deputy certifying the same under the seal of his county: before any notary public, he certifying the same under his notarial seal; or before any justice of the peace within his county; Provided, that if the lands do not lie in the county of such justice of the peace, then there must be affixed to his certificate of acknowledgment the certificate of the county clerk of such county, under his hand and the seal of such county, to the official capacity of such justice of the peace, and that the signature of such justice of the peace to the certificate of acknowledgment is the true signature of such justice. When executed outside of this State, and within the United States or the Territories thereof, before the secretary of any such State or Territory, certified by him under the seal of such State or Territory; before the clerk of any court of record of such State or Territory, or of the United States, within such State or Territory, having a seal, such clerk certifying the same under the seal of such court; before any other officer authorized by the laws of such foreign State or Territory, to take and certify such acknowledgments; Provided, there shall be affixed to the certificate of such officer, a certificate by the clerk of some court of record of the county, city or district wherein such officer resides, under the seal of such court, that the person certifying such acknowledgment is the officer he assumes to be, that he has authority by the laws of such State or Territory to take and certify such acknowledgment, and that the signature of such officer to the certificate of acknowledgment is the true signature of such officer; or before any commissioner of deeds for such foreign State or Territory appointed under the laws of this State, certified under the hand and official seal of such commissioner. When executed out of the United States, before any court of record having a seal, the judge or justice of such court certifying the acknowledgment to have been made before such court, under the seal of such court; before the mayor or other chief officer of any city or town having a seal, certified under such seal by such mayor or other officer, or before any consul of the United States within such foreign country, certified by him under the seal of his consulate.. Acknowledgment—General Form. State of, county of, ss.

appeared before me this -- day of in person, and acknowledged the foregoing instrument to be his act and deed for the uses specified therein.

Witness my hand and official seal:
My commission expires

A. B.

Title of officer.)

Deeds must be signed by the grantor. No witnesses are required. Seals are abolished. There is neither dower or courtesy. Women convey as femmes sole; but in conveying a homestead both husband and wife must sign and acknowledge. An acknowledg

ment taken before a court of record should show that said court is a court of record. Powers of attorney for conveying land must be recorded. Livery of seizin is abolished. All estates granted or sold to be construed as fee simple, unless expressly limited. Estates in fee tail are abolished.

CONNECTICUT.

An acknowledgment, whether within or without the State, is sufficient, if made before a justice of the peace, notary public, judge of some court of ordinary nisi prius or superior jurisdiction, or any officer having power by law to take acknowledgments of deeds. Deeds may also be acknowledged in the State by the commissioners of the school fund, judges of probate, town clerks, and commissioners of the superior court. All deeds executed by grantors residing out of the United States may be personally acknowledged before a United States consul, notary public, or justice of the peace. A notarial seal proves itself. A certificate of the county clerk should be annexed to an acknowledgment by a justice of the peace. The magistrate must be personally acquainted with the grantor.t

The omission of a notarial seal to a deed acknowledged before a notary public does not invalidate the deed.

The word ["Seal"] or the scroll [L. S.] are, either of them, equivalent to a seal.

Acknowledgment by Corporation— General Form.

SS.

State of, county of New York city,, A. D. 18-. Then and there before me, a (name and official title), within and for the county and State aforesaid, duly commissioned and acting as such, personally appeared A. B. and W. B. his wife, signers and sealers of the foregoing instrument, and severally acknowledged the same to be their free act and deed before me. (Or, “personally appeared A. A., agent of the C. C. Company, signer and sealer of the foregoing instrument, and acknowledged the same to be its free act and deed, before me.")

Witness my hand and seal of office, on this day of [Seal] (Signature and title.) Proof by subscribing witness is not allowed.

DAKOTA, NORTH AND SOUTH. Acknowledgments may be taken within these States by a justice, clerk of supreme court or notary; or within the jurisdiction for which officers are elected or appointed, by a judge, clerk of court of record, mayor, register of deeds, justice of peace, commissioner of United States and district courts, county auditor or any public officer having an official seal. Outside of these States, but within the United States, by a justice, judge or clerk of any United States, State or Territorial court of record, notary, or other official with power to take acknowledgments. Without the United States, by a minister, commissioner, charge d'affaires, consul, viceconsul, or consular agent, resident in the country where the acknowledgment is taken. All the above officials must sign officially and use their seals, where seals are required. Acknowledgments by justices of the peace, for other counties than their own, must have the certificate of their court of record, under seal, to the effect that said justices are authorized to so act, and that their signatures are genuine. The general form of acknowledgment is: State of, County of -————, ss.

On this day of 189, personally appeared before me known to me (or proved to me on eath of) to be the person who is described in and who executed the within instrument, and acknowledged to me that he (she, or they) executed the same. (Signature and title of officer.) Conveyances by married women have the same legal effect as if unmarried and may be acknowledged in the same way. For proof by subscribing witness see New York form.

DELAWARE.

Acknowledgment may be taken out of State before any consul-general, consul, or commercial agent of the United States duly appointed in any foreign country, at t-See General Statutes. u-Civil Code, 22 517, 518.

the places of their respective official residences, or before any judge of a district or circuit court of the United States, or the chancellor or any judge of a court of record, or the mayor or chief officer of any city or borough, and certified under the hand of such chancellor, judge, mayor or officer, and the seal of his office, court, city or borough; or in open court, certified under seal of the court; or before a commissioner of deeds appointed by the governor or by a notary public of any State.

The certificate of acknowledgment must show that the wife relinquishes her dower, and the private examination must be certified in the words stated in the form as given below.

Acknowledgment-Husband and Wife,
State of, county of, ss.
Be it remembered, that on the

day of in the year of our Lord one thousand eight hun dred and, personally came before the subscriber, a (name and official title), A. B. and W. B. his wife, parties to this indenture, known to me personally (or proved on the oath of W. S.) to be such, and severally acknowledged said indenture to be their act and deed respectively, and that the said W. B. being at the same time privately examined by me apart from her husband, acknowledged that she executed the said indenture willingly, without compulsion, or threats, or fear of her husband's displeasure.

Given under my hand and official seal the day and year aforesaid. (Signature and official title.) Proof by subscribing witness is not allowed.

DISTRICT OF COLUMBIA.

The following sections of the Revised Code of law for the District of Columbia, as approved March 3, 1901, and amended June 30, 1902, relate to convey. ances and acknowledgments:

Sec. 492. Estates.-No estate of inheritance, a for life, or for a longer term than one year, in any real property, corporeal or incorporeal, or any declaration or limitation of uses in the same, for any of the estates mentioned, shall be created or take effect, except by deed signed and sealed by the grantor, lessor or declarant, or by will.

Sec. 493. Acknowledgment.-Acknowledgments of deeds may be made in the District of Columbia before any judge of any of the courts of said District, the clerk of the supreme court of the District, or any justice of the peace or notary public, or the recorder of deeds of the District, and the certificate of the officer taking the acknowledgment shall be to the following effect:

I, A. B., a justice of the peace (or other officer authorized) in and for the District of Columbia, do hereby certify that C. D., party to a certain deed bearing date on the day of, and hereto annexed, personally appeared before me in said District, the said C. D. being personally well known to me as (or proved by the oath of credible witnesses) the person who executed the said deed, and acknowledged the same to be his act and deed.

Given under my hand and seal this of[Seal.]

[ocr errors]

- day

A. B.

Sec. 494. Release of Dower.-If the wife of the party executing said deed, being not less than eighteen years of age, shall desire to release her dower in the property conveyed, she may do so either by joining in the same deed or by a separate deed, wherever executed, signed, sealed and acknowledged by her in the same manner as provided in the preceding section, and her acknowledgment shall be certified in the same manner.-Act June 30, 1902.

Sec. 495. Acknowledgments out of District.When any deed or contract under seal is to be acknowledged out of the District, but within the United States, the acknowledgment may be made before any judge of a court of record and of law, or any chancellor of a State, any judge or justice of the supreme, circuit or territorial courts of the United States, any justice of the peace or notary public; Provided, That the certificate of acknowledgment aforesaid, made by any officer of the State or Territory not having a seal, shall be accompanied by the certificate of the register, clerk or other public officer that the officer taking such acknowledgment was, in fact, the officer he professed to be.-Act June 30, 1902.

Sec. 496. Deeds made in a foreign country may be acknowledged before any judge or notary public. or before any secretary of legation, or consular officer, or acting consular officer, of the United States, as such officer is described in Sec. 1674 of R. S. of the U. S.; and when the acknowledgment is made before any other officer than a secretary of legation, or consular officer, or acting consular officer of the United States, the official character of the person taking the acknowledgment shall be certified in the manner prescribed in section 495.

Sec. 514. Absence of Acknowledgment.-No deeds or conveyances of squares or lots of public lands in the city of Washington, made in pursuance of law prior to the adoption of this code by the commissioner of public buiklings or any other authorized officer, shall be deemed invalid in law for the want of an acknowledgment by the commissioner or other authorized officer before such judicial officers, as deeds of real property made between individuals are required by law to be acknowledged.

Sec. 515 cures defective acknowledgments made prior to the adoption of the new code (1901).

Sec. 516 provides that the acknowledgment of a married woman to a deed by husband and wife, given prior to April 10, 1869, must show that such acknowledgment was made apart or privily from her husband, and that the same was her voluntary act.

"

FLORIDA,

All deeds, mortgages, or other conveyances, all powers of attorney relating to the same, and all instruments under seal, to be used or recorded in this State, in case the same shall be acknowledged out of this State, shall be acknowledged by the party or parties executing the same, or the execution thereof shall be proved by a subscribing witness thereto before a commissioner duly appointed by the governor of Florida. In those cities or counties where no commissioner is appointed, or where he is unable to act, the acknowledgment or proof may be taken before the chief justice, judge, presiding justice, or president of any court of record of the United States, or of any State or Territory thereof, having a seal and a clerk, or prothonotary; but no proof or acknowledgment taken by any such party shall entitle such deed, power of attorney, or conveyance to be recorded, unless taken within some place or district to which the jurisdiction of the court to which he belongs shall extend, and the place of taking such acknowledgment be by him set forth in his certificate of acknowledgment, and also that the court of which he is such chief justice, judge, presiding justice, or president, is a court of record; the certificate shall state that the party taking the acknowledgment knows or has satisfactory proof that the person making such acknowledgment is the individual described in and who executed the deed or instrument under seal; the certificate of acknowledgment of such chief justice, judge, presiding judge, or president, shall be accompanied by the certificate of the clerk, or prothonotary of the court for which he is such judge, justice, or president as aforesaid, under the seal of said court, that he is duly appointed or authorized as such judge, justice, or president, etc. The acknowledgment of a married woman (residing out of this State) to a deed, conveyance, or instrument under seal, purporting to be executed by her, shall not be taken, unless, in addition to the foregoing requisites, she acknowledges, on a separate or private examination by the officers taking her acknowledgment, apart from her husband, that she executed such deed, conveyance, or instrument under seal, freely, and without any fear or compulsion of or from her husband. The officer must in all cases certify to the identity of the grantor. It is competent for him, however, to satisfy himself of the identity of the parties at his own discretion.*

Deeds, etc., executed in this State of lands, or any interest in lands therein, shall be executed in the presence of two witnesses, who shall subscribe their names to the same as such, and the persons executing such deeds may acknowledge the execution thereof before any judge, clerk of the circuit court, notary public or justice of the peace within the State, and if any such deed or conveyance of land shall be executed in any other State, Territory, or district of the United States, such deed may be executed according to the laws of such State, Territory, or district, and the execution thereof may be acknowledged before any -Bush's Digest, p. 151. y-Laws 1873, p. 18.

judge or clerk of a court of record, notary public, justice of the peace, or other officer authorized by the laws of such State, Territory, or district, to take acknowledgment of deeds therein, or before any commissioner appointed by the governor of this State for such

purpose.

If such deed be executed in any foreign country it may be executed according to the laws of such country; any execution thereof may be acknowledged before any notary public therein, or before any minister plenipotentiary, minister extraordinary, minister resident, chargé d'affaires, commissioner, or consul of the United States appointed to reside therein, or before a commissioner appointed by the governor of this State for such purpose, which acknowledgment shall be certified therein by the officer taking the same under his hand, and his seal of office shall be affixed to such certificate.

If any such deed or other conveyance shall be executed and acknowledged in any other State or country, before any officer not having an official seal, he shall have attached thereto a certificate of the clerk or other proper certifying officer of a court of record or certificate of the secretary of state, minister plenipotentiary, minister extraordinary, minister resident, chargé d'affaires, commissioner, or consul (as the case may be), that the person whose name is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be; that he believes the signature of such person subscribed thereto to be genuine, and that the deed is executed and acknowledged according to the laws of such State, Territory, district, or foreign country.♬

The wife may relinquish her dower in any land, tenements, or hereditaments, by joining in the deed made by the husband, or she may execute a separate instrument under her hand and seal, in the presence of two witnesses. When made in this State, her relinquishment of dower (to be effectual) must be accompanied by an acknowledgment under her hand and seal, taken and made separately and apart from her husband, before some judicial officer of this State, that it was made freely and voluntarily, and without any compulsion, constraint, apprehension, or fear of or from the husband. When made out of this State, but within the United States, it shall be taken in the manner aforesaid, by the clerk or prothonotary of some court of record in the State, Territory, or district in which it shall be made, in the presence of the judge or justice, or of one of the judges or justices of the court to which the clerk or prothonotary who takes the acknowledgment shall belong. And the taking of such acknowledgment, and the certificate of the clerk or prothonotary, shall be authenticated under the hand of the judge or justice present at the making thereof, by his certifying that the said acknowledgment was made in his presence, and that 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 is judge or justice.

If any such relinquishment of dower shall be made out of the United States, the acknowledgment of the party making it shall be taken in the manner as aforesaid, by and before some public minister, consul or viceconsul, commercial or vice-commercial agent of the United States residing in the country in which the acknowledgment may be taken, and shall be certified under the hand and the seal of office of such public minister, consul or vice-consul, commercial agent or vice-commercial agent.

Relinquishment of Dower-Taken out of the State.

day of

State of, city or county of, ss. Be it remembered, that on this in the year of our Lord- before me, the clerk of the -court for the (city or) county of and State of, which said court is a court of record, personally came W. B., wife of A. B., to me well known as the person described in, and who executed the foregoing deed of conveyance (as the case may be), and acknowledged that she made herself a party to and executed the same, for the purpose of relinquishing her dower, in and to the lands and tenements therein described; and the said W. B., on a private examination taken and made before me, in the pres ence of the Hon. J. J., judge of our said court, separately and apart from her said husband, acknowledges and says that the said relinquish

[blocks in formation]

Acknowledgment-Certificate.

State of, city or county of, ss. I, J. J., judge of the court of the (city or County) and State aforesaid, do hereby certify that the foregoing acknowledgment was made in my presence at within the jurisdiction

of our said court; and that C. C., before whom the said acknowledgment was taken, and whose signature is attached thereto, was at the time of his so doing the clerk of the said court, of which I am the judge (and that the signature of the said (name of clerk) to said acknowledgment to be genuine). J. J., Judge, etc.

The wife should also acknowledge with the husband, before the proper officer, in the usual form, in order to admit the deed to record.

Proof by Subscribing Witness.
State of -, county of —, ss.
Be it remembered, that on this

day of

in the year, before me (name and title of officer), personally appeared W. T., whose name is affixed as a subscribing witness to the foregoing deed between A. B. and E. F.; and who, being duly sworn, deposes and says, that the said A. B. duly signed, sealed, and delivered the foregoing deed to the said E. F., as his act and deed, in the presence of him, the said W. T., and also in the presence of N. S., the other subscribing witness to said deed, who then at the request of the said A. B. duly signed and attested the sume in the presence of the deponent, and of the said A. B., the grantor.

In testimony whereof, I have hereunto set my hand and affixed my seal the day and year first above written.

[Official seal.]

(Signature and title of officer.) Acknowledgment-Out of the State. State of, city or county of, ss. Be it remembered, that on this day of in the year, personally appeared before me, a commissioner duly appointed and authorized by the executive authority of Florida under the laws of said State to take within the State of

proof and acknowledgment of deeds, etc. (or other officer, as the case may be), to be used and recorded in said State, A. B., to me well known to be the person who executed the foregoing (and annexed) deed by him sealed and subscribed; and the said A. B. acknowledged the execution thereof to be his free act and deed, for the uses and purposes therein mentioned.

In testimony whereof, I have hereunto set my hand and affixed my official seal the day and year first above written.

[Official seal.] (Signature and title of officer.)

GEORGIA.

Conveyances of property in this State should be attested (in order to admit them to record) by the following officials: If within the State, by a notary public, judge, or clerk of the superior court or ordinary of court, or by any justice of the peace. Where a deed is executed within the State, it is not necessary that the notary public or other attesting officer should affix any seal. If executed in another State, by a commissioner of deeds for the State of Georgia, or a consul or vice-consul of the United States, under their seals, or by a judge of a court of record in the State where executed, with a certificate of the clerk, under the seal of such court, or by two witnesses, one of whom is a notary public, with the certificate of his appointment attached. All deeds, mortgages, etc., to realty, should be attested by two witnesses, the commissioner, consul, etc., or judge, being one, and should be under seal (or scroll). z-See General Statutes.

If the subscribing witness or witnesses be dead or lunatic, or have removed without the State, or be other. wise incapacitated to make the affidavit, the affidavit of a third person to such death, lunacy, etc., and to the genuineness of the handwriting of the subscribing witness or witnesses, shall be sufficient to admit the deed to record.

Renunciation of dower by the wife Is not required in this State, except where the husband is alienating lands to which he derived title through the wife by marriage contracted prior to the statute of 1866.*

Acknowledgment—General Form.

A simple acknowledgment before the witnesses designated above is all that is required. The attestation clause opposite to or below the signature of the parties executing the deed should be: "Signed, sealed and delivered in presence of." No further certificate by the officer of the execution, or acknowledgment of the signing is necessary. This includes acts of husband and wife.

Proof by Subscribing Witness When Deed is not made before Officer. State of, county of , SS.

Before me (name ana title of officer) personally came W. T., to me known to be the individual whose signature is affixed to the foregoing deed as one of the witnesses thereto, who being sworn says that he was present at the time when said deed was executed, that he saw the same signed, sealed, and delivered by A. B., whose signature is thereto affixed as grantor; that N. S., the other subscribing witness thereto, was likewise present at said time and witnessed said execution of said deed, and that he the said W. T. and the said N. S. then and there signed the same as attesting witnesses. W. T. Sworn to and subscribed before me this day of, A. D.

(Signature and title of officer. IDAHO.

The proof or acknowledgment of every conveyance affecting any real estate shall be taken by some one of the following officers: If acknowledged or proved within this State, by some judge or clerk of a court having a seal, or some notary public or J. P. or recorder for the proper county. If acknowledged or proved without this State, and within the United States, by some judge or clerk of any court of the United States, or of any State or Territory having a seal, or by any commissioner appointed by the governor of this State for that purpose, or by any official authorized by the laws of the State where the acknowledgment is taken to take acknowledgments. If acknowledged or proved without the United States, by some judge or clerk of any court of any state, kingdom, or empire having a seal, or by any notary public therein, or by any minister, commissioner, or consul of the United States appointed to reside therein.

A husband and wife may by their joint deed convey the real estate of the wife. Every conveyance affecting real estate must be acknowledged or proved and certified.

Every power of attorney or other instrument in writing, containing power to convey any real estate as agent or attorney for the owner thereof, must be acknowledged and certified in the same manner as above described for deeds.

The party offering to make acknowledgment shall be known to the officer, or prove himself to be the persor he represents, by the oath of a credible witness. Acknowledgment-Grantor unknown to Officer.

State of Idaho, County of ss. On this day of A. D., personally appeared before me, N. P., a notary public (judge or other officer) in and for said county, A. B., proved to me on the oath of to be the person whose name is subscribed to the within conveyance; and he, the said A. B., acknowledged to me that he executed the same.

In testimony whereof, etc.

(Signature and official title.) Z-See General Statutes.

22

Any officer authorized to take proof or acknowledgment of any conveyance whereby any real estate is conveyed or may be affected, may take and certify the acknowledgment of a married woman to any such conveyance of real estate.

Such married woman must be known to the officer, or satisfactorily proved to be the person represented, and must be examined apart from, and without the hearing of her husband, and must acknowledge that the act is free and voluntary, and without fear or compulsion, or under influence of her husband, and that she does not wish to retract the execution of the same.

No estate as tenant by courtesy allowed the husband, nor dower to the wife.

Acknowledgment-Single Person.

State of Idaho, County of On this me, a

SS.

before day of in the year 189 in and for said county, personally appeared- -known to me to be the person whose name subscribed to the within instrument, and acknowledged to me that he executed the

same.

In witness whereof, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written.

(Signature and title of official.) Acknowledgment-Husband and Wife: OR LATTER PART FOR MARRIED WOMAN ALONE. State of Idaho, County of —, SS. before On this -day of in the year 189 known to me, a personally appeared me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same; and on this day of in the year 189, before me, the officer known above described, personally appearedto me to be the person whose name is subscribed to the within instrument, described as a married woman; and upon an examination without the hearing of her husband, I made her acquainted with the contents of the instrument, and thereupon she acknowledged to me that she executed the same, and that she does not wish to retract such execution.

In witness whereof I have hereto set my hand and affixed my official seal, the day and year in this certificate first above written.

(Signature and title of official.)

The acknowledgment to a conveyance made by a corporation must be taken by and before the same officers prescribed for other parties.

State of , county of ——, ss. day of On the A. D.before me personally came P. P., the president of the company, personally known to me to be the president of the corporation that executed the above instrument, and acknowledged to me that such corporation executed the same.

In testimony whereof, I have hereunto set my hand and affixed my seal of office the day and year first above written.

[Seal.]

(Signature and title.)

Proof by Subscribing Witness. The proof of the execution of any conveyance whereby any real estate is conveyed or may be affected when not acknowledged shall be, 1st, by the testimony of a subscribing witness; or, 2d, when all the subscribing witnesses are dead or cannot be had, by evidence of the handwriting of the party and of at least one subscribing witness.

No proof of a subscribing witness shall be taken unless such witness shall be personally known to the officer taking the proof to be the person whose name is subscribed to the conveyance as a witness thereto, or shall be proven to be such by the oath or affirmation of a credible person.

No certificate of such proof shall be granted unless such subscribing witness shall prove that the person whose name is subscribed thereto as a party is the person described in, and who executed the same, that such person executed the conveyance, and that such witness subscribed his name thereto as a witness thereof.

State of

On this

county of day of

[blocks in formation]

eight hundred and personally appeared before me (here insert name and title of officer), in and for the said county,, personally known to me to be the same person whose name is subscribed to the annexed instrument as a witness thereto, who being by me duly sworn deposed and said that he resides in that he was pres

ent and saw A. B., personally known to him to be the same person described in and who executed the said annexed instrument as A. B., party

thereto, sign, seal, and deliver the same; and that the said A. B. acknowledged in the presence of said affiant that he executed the same freely and voluntarily, and for the uses and purposes therein mentioned, and that he, the said affiant, subscribed his name as a witness thereof.

In testimony whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. [Seal.]

(Signature and title of officer.) ILLINOIS.

Instruments for the conveyance of land must be acknowledged or proved before either of the following officers: When acknowledged within this State, before a notary public or United States commissioner, who shall affix his seal; a master in chancery, circuit or county clerk, justice of the peace (the official character of the latter, if he be without the county where the land lies, to be certified by the clerk of the county court), any court of record having a seal, or any judge, justice, or clerk thereof,-if before the court or clerk, the seal of court being affixed. When acknowledged or proved without this State, and within the United States: before a justice of the peace (his official character being certified as above), notary public, United States commissioner, commissioner of deeds, mayor of a city, or clerk of a county, such officer affixing his official seal, any judge, justice, or clerk of any United States, State, or Territorial court; or the acknowledgment may be in conformity with the laws of the State where made, in which case a certificate of conformity from the clerk of a court of record, with the seal of court affixed, is required, or conformity may be proved by the laws of such State. When acknowledged or proved without the United States: before any court having a seal, mayor, or chief officer of any city or town having a seal, minister or secretary of legation, or consul of the United States in any foreign country, attested by his official seal, or any officer authorized by the foreign law to take acknowledgments; if the latter has no official seal, proof that he is duly authorized is required; or the acknowledgment may be in conformity with the foreign law, and so certified by any consul or minister under his official seal. When an acknowledgment is made before a commissioner of Illinois, it must comply with the laws of this State, and be certified under his official seal.

Proof of the execution of any instrument may be made by a subscribing witness; and, when the grantor or subscribing witness is deceased, the officer may take proof of their handwriting, or of the handwriting of the grantor, if there be no subscribing witness, and grant a certificate thereof,

Acknowledgment-Husband and Wife. State of, county of—, ss.

I (name and title of officer), do hereby certify that A. B. and W. B. his wife, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as having executed the same, appeared before me this day in person, and acknowledged that they signed, sealed, and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead.*

Given under my hand and official seal this day of, A. D. [Seal.]

(Signature and title of officer.) Proof by Subscribing Witness. State of -, county of -, ss.

day of

Be it remembered, that on this A. D. before me (name and title of officer) duly appointed and commissioned, personally ap peared W. T., to me personally known to be a subscribing witness to the foregoing deed (or as the case may be," who has proved to me on oath of W. S. *See 27, next page.

« SebelumnyaLanjutkan »