and W. B. his wife, known to me to be the persons Described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed.

In testimony whereof, I have hereunto set my hand and seal the day and year above mentioned. [Seal.] (Signature and title of officer.) MINNESOTA.

Acknowledgments may be taken within the State by judges of the Supreme District and Probate Courts, and Clerks of the same; Ly Clerks of the United States District Court for Minnesota, members of the Legislature. Notaries Public, Justices of the Peace, Register of Deeds, County Commissioners a- Auditors, Town Clerks, City Clerks, Village Recorders (General Laws, 1878, Ch. 49, p. 193); seals to be affixed whereever seals are used (G. S. 1878, Ch. 72; 2 Bissell, Ch. 40, Title 2, Secs. 8, 10).

Acknowledgments outside of State but within United States may be taken by Chief and Associate Justices of the Supreme Court of the United States, Judges of the Supreme, Superior, Circuit or other Court of Record of any State, District or Territory, of the United States; Clerks of above-mentioned Courts; Notaries Public, Justices of Peace, Commissioners appointed by the Governor of this State; none of above acknowledgments to be valid unless taken by the officer at the place or within the jurisdiction for which he has been regularly appointed or elected to such office, or to which the jurisdiction of the Court for which he acts extends. (G. S. 1878, Ch. 40, amending Law of 1868, Ch. 61, p. 0.) Officers taking acknowledgment of deeds under this section shall ap pend to such deed a certificate of such acknowledgment, with its true date, and shall date and sign such certifi cate. (Id. Id. Sec. 8.) And unless said acknowledg ments are taken before a Commissioner appointed by the Governor of this State for the purpose, or before a Notary Public, or Clerk of a Court, or some other officer having a seal, there shall also be attached, appended or indorsed on or to said deed a certificate of the Clerk or other proper officer of a Court of Record of the District or place where such acknowledgment was taken, under seal, to the effect that the officer taking the acknowledgment was qualified to do so, that he is acquainted with his handwriting and believes his signature to be genuine (Id. Id. Sec. 9): Provided however that the Certificate of any section of State or Territory attached to or indorsed on said deed, to the effect that any Justice of the Peace taking the acknowledgment, had been duly appointed by the Governor of said State or Territory, shall be sufficient (Amended Laws 1879, Ch. 65, Sec. 1).

If such deed is executed outside of the United States it must be executed according to the laws of the foreign country and acknowledged before a Notary Public therein, Minister Plenipotentiary or Resident, Chargé de Affaires, Commissioner, or Consul of the United States appointed for and resident therein, the same to be certified under their hand; but if taken before a Notary Public his seal of office must be affixed. (G. S., Ch. 40, p. 328.) Provided that if such deed be duly signed and sealed in presence of two witnesses, and acknowledged as aforesaid, it shall be valid whether executed in accordance with the laws of said country or not. (Id. as amended Laws of 1868, Ch. 64, Sec. í, p. 104.)

Forms of Acknowledgment. The laws of 1883, chap. 99, prescribe that the following forms of acknowledgment shall be sufficient to satisfy the requirements relating to the execution and recording of conveyances and other written instruments affecting real estate:1. Begin all acknowledgments with a caption showing the State and place; thus:

State of Minnesota, County of, ss. 2. All acknowledgments must bear the signature and title of the officer taking them.

3. In case of natural persons acting in their own right, the acknowledgment should read:On this -day of 189 before me personally appeared A. B. (or A. B. and C. D.) to me known to be the person (or persons) described in, and who executed the foregoing instrument, and acknowledged that he (or they) executed the same as his (or their) free act and deed.

4. In the case of natural persons acting as attorney, it should read:

MISSISSIPPI.

In this State, acknowledgments must be made before any judge of a United States court, any judge of the State, supreme, or circuit court, any chancellor, any clerk of a court of record, who shall certify such acknowledgment, or proof, under the seal of his office; or any justice of the peace, inayor of any city, town, or village, or member of the board of supervisors, whether the lands conveyed be within his county or not."

Out of this State, if the party executing a convey. ance of lands in this State, is a non resident, acknowledgment or proof may be made and certified to by any of the judges of the supreme court of the United States, or a district judge of the United States, or justice of the supreme court or superior court of any State or Territory of the Union; or any justice of the peace, whose official character shall be certified to under the seal of some court of record in his county; or before any commissioner residing in such State or Territory, who may be appointed by the governor of this State to take acknowledgments and proof of deeds and other conveyances, or notary public or clerk of a court of record having a seal of office."

A married woman, party to the conveyance, need not be examined apart from her husband.

The certificate of acknowledgment of a deed need not state that the wife relinquishes her dower, dower and courtesy having been abolished in the State.

In order to admit a deed to record, one of the witnesses thereto must make affidavit in the following form:-"C. D., one of the subscribing witnesses to the foregoing instrument, who being first duly sworn, deposes and says he saw the within A. B., whose name is subscribed thereto, sign and deliver the same to E. F. (or that he heard the said A. B. acknowledge that he signed and delivered the same to said E. F.), and that the said C. D., affiant, subscribed his name as a witness thereto in the presence of the said A. B."'e

In all cases the officer taking the acknowledgment must add his signature and title, and affix his seal if he have one.

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

Personally appeared before me (here insert name and title of officer), the within-named A. B. and W. B. his wife, who acknowledge that they signed, and delivered the foregoing deed (or other conveyance), as their voluntary act and deed, on the day and year therein mentioned. Given under my hand this day of (Signature and title of officer.) Or the acknowledgments may be certified separately a-Code of 1892, 22464. b-Id. 2466. C-Id. 2465.

A. D.

Proof by Subscribing Witness May be made when the grantor is unable or unwilling to acknowledge any instrument affecting real estate executed by him.

MISSOURI.

Conveyances, etc., must be acknowledged, if executed in this State, before a court having a seal, or some judge, justice, or clerk thereof, notary public, or justice of the peace of the county where the estate lies; if executed out of this State, then before a commissioner of this State, notary public, court of record of the United States or of any State or Territory having a seal, or clerk of any such court; and if executed in a foreign country, then before any court of any state, kingdom, or empire having a seal, or the mayor or chief officer of any city or town having an official seal, or before a minister or consul of the United States, or a notary public having a seal m

The acknowledgment of the officers executing for the Corporation should be certified, according to the form first above given, modifying it to describe the office and that the act is the act of the corporation by the officer or officers executing. The form of certificate of acknowledgment by a trustee or person not acting in his own right, should be as in the form first above given, modified to show the character of the grantor and that the act is done in that character.

Acknowledgment-General Form. State of , county of -, SS. day of

On this

personally appeared

and

189-, before me his wife, to described in and

me known to be the person who executed the foregoing instrument, and acknowledged that executed the same as free act and deed.

In testimony whereof, I have hereunto set my hand and affixed my official seal at my office in the day and year first above written. My term expires 189-.

If person making acknowledgment is unmarried, omit "and his wife," and add, and the said further declare to be single and unmarried.

Acknowledgment-By Attorney.

On this day of, 18-, before me personally appeared A. B., to me known to be the person who executed the foregoing instrument in behalf of C. D., and acknowledged that he executed the same as the free act and deed of said C. D.

Acknowledgment—Corporations.

On this day of 18-, before me appeared A. B. to me personally known, who, being by me duly sworn (or affirmed), did say that he is the president (or other officer or agent of the corporation or association) of (describing the corporation or association), and that the seal affixed to said instrument is the corporate seal of said corporation (or association), and that said instrument was signed and sealed in behalf of said corporation (or association), by authority of its board of directors (or trustees), and said A. B. acknowledged said instrument to be the free act and deed of said corporation (or association).

(In case the corporation or association has no corporate seal, omit the words "the seal affixed to said instrument is the corporate seal of said corporation (or association), and that," and add at the end of the affidavit clause the words, "and that said corporation (or association) has no corporate seal.")

In all cases add signature and title of the officer taking the acknowledgment.)

Married Women.

When a married woman unites with her husband in the execution of any such instrument, and acknowledges the same in one of the forms above sanctioned, she shall be described in the acknowledgment as his wife, but in all other respects her acknowledgment shall be taken and certified as if she were sole; and no separate examination of a married woman in respect to the execution of any release or dower, or other instrument affecting real estate, shall be required.

m-Gen. Stat. 444, 445. n-Gen. Stat. 444-446. o-See General Statutes, pp. 396, et. seg., 443, 50, p. 617,2 1.

Proof by Subscribing Witness. If all the subscribing witnesses are dead or cannot be had, then proof can be made by at least two credible witnesses proving the handwriting of the grantor, and two or more credible witnesses proving the handwriting of at least one of the subscribing witnesses.n

ΜΟΝΤΑΝΑ.

Every conveyance in writing of or affecting real property must be acknowledged or proved and certified as hereafter stated. The proof or acknowledgment may be made, within the State, before the secre tary of the State, some judge or clerk of a court having a seal, a notary public, or justice of the peace, the county clerk and ex officio county recorder; without the State, but within the United States, by some judge or clerk of any court of the United States, or any State or Territory having a seal, a notary pub lic, a justice of the peace, or commissioner appointed by the governor of the State for that purpose. If taken by a justice of the peace, his official character must be certified to under the seal of the court, tribunal, or officer within and for the county in which such justice of the peace may be acting, which has cognizance of his official character.

Acknowledgment-General Form. State (or Territory) of , county of -, ss. On this day of A. D. -, personally appeared before me (name and title of officer), in and for said county, A. B., personally known to me (or satisfactorily proved to me by the oath of W. T, a competent and credible witness for that purpose by me duly sworn) to be the person described in and who executed the foregoing instrument, and who acknowledged to me that he executed the same freely and voluntarily and for the uses and purposes therein mentioned.

Witness my hand and seal. [Seal.]

(Signature and title of officer.) Acknowledgment-Married Woman. The acknowledgment of a married woman is the same in form as if she were unmarried, or as that of any other person.

An acknowledgment must not be taken unless the officer knows, or has satisfactory proof, that the person making the same is the person who executed the in

strument.

All certificates of acknowledgment must be authen ticated by the signature of the officer making them, followed by the name of his office and attested by his seal.

If made by a justice of the peace it must be accompanied by the certificate under the hand and seal of the county clerk of the county, that such justice is authorized to take acknowledgments, and that the signature of such justice is known to the such clerk.

If deed be executed by a corporation, the certificate should state that the officer executing was personally known as such, and that the instrument was executed fully, etc., as the act and deed of the corporation.

NEBRASKA.

Acknowledgments or proofs of conveyances may be taken in the State by judges, clerks of courts, justices of the peace, and notaries public. The certificate of acknowledgment must be indorsed on the instrument, and show that the grantor acknowledged the same to be his voluntary act and deed, and that the officer taking the acknowledgment knew him to be the same person whose name was signed thereto, or had satisfactory evidence of that fac.. If the grantor die before acknowledgment, or if for any cause his attendance cannot be procured to make the acknowledgment, or if he refuses to make it, proof of execution and delivery may. be made by any competent subscribing witness thereto, before any officer authorized to take the acknowledgments; or if all the subscribing witnesses are out of the State, proof may be made by proving the handwriting of the grantor and of any subscribing witness. The deed, with the certificate of acknowledgment or proof, must be recorded in the county where the lands lie. Acknowledgments or proofs taken out of the State, and in the United States, must be taken in conformity to the law of the State or Territory in which taken, or by a commissioner of this State for that purpose. All such acknowledgments or proofs last mentioned taken by an officer having no seal of office, must be accompanied with a certificate of a clerk of a court

of record, or other proper officer of the district, under official seal, that the officer taking the same was the same as represented therein at the date thereof, that the signature is genuine, and the acknowledgment in conformity to law. There shall be affixed to certificate of acknowledgment made by commissioner as aforesaid, an official certificate of the secretary of Nebraska, stating that the commissioner was at the time duly authorized to take the same, and that the secretary is acquainted with his handwriting, has compared it, and his seal, and that he believes the signature and seal of the commissioner to be genuine. Deeds executed in foreign countries may be made according to the laws thereof, and acknowledged by any notary public, or by any ministerial officer, commercial agent, or consul of the United States appointed to reside therein. Deeds should state relinquishment of right of dower, if any, but the certificate of acknowledgment need not.k

No separate examination is required in taking wife's acknowledgment. Her deed may be acknowledged or proved same as a married man's. When proof of execution in lieu of acknowledgment is permitted, the same may be made by a subscribing witness thereto, who must state upon oath his own place of residence, that he set his name to the deed as a witness, that he knew the grantor in such deed, and saw him sign or heard him acknowledge that he had signed the same. And such proof shall not be taken unless the officer is personally acquainted with such witness, or has satisfactory evidence that he is the same person who was a subscribing witness to such deed.1

"It shall be lawful for any corporation to convey lands by deed, sealed by the common seal of said corporation, and signed by the president or presiding officer of the board of directors of the corporation; and such deed, when acknowledged by such officer to be the act of the corporation, or proved in the usual form prescribed for other conveyances for lands, shall be recorded in the clerk's office of the county in which the lands lie, in like manner as other deeds." m

Acknowledgment-Husband and Wife. State of , county of -, SS. On this day of -, A. D. — before me (state name and title of officer), duly appointed, commissioned (or duly elected), and qualified for and residing in said county, personally appeared A. B. and W. B. his wife, to me personally known (or by the oaths of [one or more] witnesses whose names are hereto subscribed, satisfactorily proved), to be the identical persons described in, and whose names are affixed to the foregoing conveyance as grantors, and they severally acknowledged the same to be their voluntary act and deed.

In testimony whereof, I have hereunto set my hand and official seal at, in said county, the day and year last above written. [Seal.] (Signature and title of officer.)

day of

, SS.

Proof by Subscribing Witness. State of, county of On this -, A. D.. -, it satisfactorily appearing to me that the attendance of the said A. B., the grantor in the foregoing conveyance, cannot be procured in order to make acknowledgment thereof (or that the said A. B., the grantor, etc., is dead, or, having executed and delivered the foregoing conveyance refuses to make acknowledg ment thereof) before me (here insert name and title of officer), duly appointed, commissioned, and qualified for and residing in said county, personally appeared W. T., to me personally known (or by the oaths of [one or more] witness, whose name is hereto subscribed, to me satisfactorily proved) to be the identical person whose name is subscribed to the foregoing conveyance as attesting witness, who being first duly sworn, on his oath says that his place of residence is at, in the county of and State of, that he set his name to the foregoing conveyance as a witness; that he knew A. B., the grantor in said conveyance, and that he knew A. B. to be the identical person described therein, and who executed the same, and saw him sign (or heard him acknowledge that he had signed) the same.

In testimony whereof, I have hereunto set my K-Rev. Stat. ch. 43. 1-Rev. Stat. p. 281, 27. m-Rev. Stat. p. 234, 137. n-See General Statutes.

hand and seal at, in said county, the day and year last above written. [Seal.]

(Signature and title of officer.) NEVADA.

Every conveyance in writing affecting real estate within this State shall be acknowledged or proved, and certified as follows: If within this State, before some judge or clerk of a court having a seal, or some notary public or justice of the peace. If without the State, but within the United States, before a judge or clerk of a court having a seal, or some notary public or justice of the peace, or by any commissioner appointed by the governor of this State for that purpose; when taken before a justice of the peace, it shall be accompanied by the certificate of the clerk of a court of record of the county having a seal, showing the official char acter of the justice, and the genuineness of his signature, If taken without the United States, it shall be before some judge, or clerk of a court of a State, kingdom, or empire having a seal, or a notary public therein, or by a minister, commissioner, or consul of the United States appointed to reside therein."

Proof of the execution of a conveyance shall be made, first, by the testimony of a subscribing witness; second, 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, given by a credible witness to each signature, under oath."

The certificate of acknowledgment or proof must be under the hand and seal of office when taken by a judge or clerk, or an officer having a seal of office." Acknowledgment-Husband and Wife. State of -, county of -, SS. On this day of A. D. , personally appeared before me (name and title of officer), in and for said county, A. B. and W. B. his wife, whose names are subscribed to the conveyed instrument as parties thereto, personally known to me to be the individuals described in and who executed the said annexed instrument as parties thereto, who each acknowledged to me that they, each of them respectively, executed the same freely and voluntarily, and for the uses and purposes therein mentioned. And the said W., wife of the said A. B., having been by me first made acquainted with the contents of said instrument, acknowledged to me on examination, apart from and without the hearing of her said husband, that she executed the same freely and voluntarily without fear or compulsion, or undue influence of her said husband, and that she does not wish to retract the execution of the same.

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

[Seal.]

(Signature and title of officer.)

When the grantor is unknown to the court or officer the certificate that he was "satisfactorily proved to be the person described in, and who executed the annexed instrument, by the oath of W. T., a competent and credible witness for that purpose by me duly sworn," and the said A. B. acknowledged, etc.

Proof by Subscribing Witness. The certificate of proof by a subscribing witness shall set forth, first, that such subscribing witness was personally known to the officer granting the certificate to be the person whose name is subscribed to such conveyance as a witness thereto, or was proved to be such by the oath of a witness whose name shall be given in the certificate; second, the proof given by such witness of the execution of such conveyance, and of the fact that the person whose name is subscribed to such conveyance as a party thereto is the person who executed the same, and that such witness subscribed his name to such conveyance as a witness thereof."

NEW HAMPSHIRE.

All conveyances of real estate must be signed and sealed by the party granting the same, attested by two or more witnesses, acknowledged by the grantor before a justice, notary public, or commissioner, whether within or without the State (but if before a justice without the State his official character should be authenticated by the clerk of a court of record or by the secre tary of state), or before a minister or consul of the United States in a foreign country, and recorded at length in the registry of deeds in the county in which

the lands are situated. No separate acknowledgment is required to be made by the wife, nor need she be examined apart from her husband. When the title is in the wife, the husband must acknowledge the deed in connection with her; joining in the conveyance, except the estate is held by the wife "in her own right to her sole and separate use free from the interference or control of her husband," in which case she may convey alone, although the husband's signature is even then preferable. The husband neel not covenant as the warranty, but releases his right by courtesy under the

statute.

The identity of the grantors need not be certified by the magistrate, but if controverted, must be proven, like any other disputed matter.

The official character of the person taking the ac knowledgment must be certified to in the same manner as that of persons taking depositions.P

Acknowledgment-Husband and Wife. State of, county of

-, SS.

Personally appeared the above-named A. B. and W. B. his wife, and acknowledged the foregoing instrument to be their voluntary act and deed. Before me this — day of, A. D.(Signature and title of officer.)

The certificate of acknowledgment need not state that the wife relinquishes her dower. She releases her dower in the deed, but need not covenant in the warranty. The above form is sufficient in all cases.

Any public or private corporation, authorized to hold real estate, may convey the same by any agent elected for that purpose and he shall convey, in his said capacity, and acknowledge the conveyance in the ordinary form, as above.

No proof by a subscribing witness will be admitted in evidence unless taken in the usual form of a deposition and upon due notice.

NEW JERSEY.

Acknowledgment and proof of deeds, mortgages, etc., must be made, within this State, before the chancellor, a justice of the supreme court, a master in chancery, judge of the court of common pleas, surrogate, register or commissioner of deeds; out of this State, before a judge of the United States supreme or district court, chancellor of State or Territory where taken; judge of supreme, superior, circuit, or district court of the, State (all the above without the seal of such officer or court): a mayor or other chief magistrate of a city, under the seal of said city; a master in chancery of New Jersey: a commissioner of deeds for New Jersey residing in said State or Territory, under his seal; a judge of the court of common pleas or any officer authorized by the laws of said State or Territory to take acknowledgments of deeds of lands in and for such State or Territory; provided, that if taken before such common pleas judge, or other officer, there shall be annexed a certificate under seal of the State, Territory, or court of the county in which it is made, that the person before whom such acknowledgment is made is such officer and is authorized by the laws of such State or Territory to take acknowledgments, and that his signature is genuine.q

Acknowledgments and proofs by persons in foreign kingdoms may be made before any court of law, mayor, or other chief magistrate of any city, borough, or corporation, of said foreign kingdom, certified by said court, mayor, or other chief magistrate, in the manner such acts are usually authenticated; or before any ambassador, public minister, chargé d'affaires, or other representative of the United States, any consul or viceconsul for the time being, certified under the official seal of said consul or vice-consul; or before a master in chancery of New Jersey.

The identity of the giantor must be established to the satisfaction of the officer; he must certify that he is satisfied.

An examination of the wife separate from her husband is necessary. Signature of wife must be acknowledged; it cannot be proved by subscribing witness. Acknowledgment-Husband and Wife. State of, county of, ss. Be it remembered, that on this

day of

A. D., before me, the subscriber (here insert name and title of officer), personally appeared A. B. and W. B. his wife, who I am satisfied are the o-G. S.p. 338; 39 N. H. pp. 202-204; 45 Id. p. 454.

grantors named in and who executed the within instrument of conveyance, and I having first made known to them the contents thereof, they did thereupon severally acknowledge before me that they signed, sealed, and delivered the same as their voluntary act and deed for the uses and purposes therein expressed; and the said W. B., wife of the said A. B., being of full age, and by me privately examined separate and apart from her said husband, did further acknowledge that she signed, sealed, and delivered the same as her voluntary act and deed, freely, without any fear, threat or compulsion of or from her said husband.

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

[Scal.]

(Signature and title of officer.) Acknowledgment-Corporation. The deed of a corporation must be executed by an officer with express authority.

The form is as follows: "In witness whereof, the said (the corporation) hath caused its corporate seal to be affixed and its president (or other executive officer) to sign his name to these presents, the day and year first above written.

, SS.

State of New Jersey, county of Be it remembered, that on the day of in the year of our Lord one thousand eight hundred and, before me, M. C., a master of the court of chancery of the State of New Jersey, personally appeared S. Y., to me known, who being by me duly sworn according to law, on his oath doth depose and say: that he is (the secretary or other officer) of (the corporation), the grantors in the foregoing deed named; that the seal affixed to the said deed is the corporate seal of the said (corporation); that it was so affixed by order of the said (corporation), that P. P. is the (president or other executive officer) of the said (corporation); that he saw the said P. P., as such (president, etc.) sign the said deed, and heard him declare, that he signed, sealed, and delivered the same as the voluntary act and deed of the said (name of corporation by their order; and that this deponent signed his name thereto, at the same time, as a subscribing witness.

Subscribed and sworn before me, the day and year above written. (Signature and official title.) Proof by Subscribing Witness. State of, county of, ss. Be it remembered, that on this

day of

A. D., personally appeared before the subscriber, a (name and title of officer), W. T., who being by me duly sworn according to law, on his oath saith, that he saw A. B., the within-named grantor, sign, seal, and deliver the within indenture, as his voluntary act and deed, and that he, the said W. T., subscribed his name to the same, at the same time, as an attesting witness. (Signed)

W. T. Sworn, and subscribed before me this day of, A. D. In testimony whereof, I have hereunto set my hand and affixed my official seal the day and year aforesaid. [Seal.]

(Signature and title of officer.] NEW MEXICO. Conveyances may be acknowledged in the Territory before any judge, justice of the peace, notary public having a seal, or clerk of a court having a seal. Out of the Territory, and in the United States, before any United States court, the judge or clerk of any State or Territorial court having a seal, the clerk thereof to certify to the official character and genuineness of signature of the judge under the seal of the court, or a notary public with a seal. Out of the United States, before any court of any State, kingdom, cr empire having a seal, or before the magistrate or supreme power of any city having a seal, before any court of record having a seal, before any notary public having a seal, before any consul or vice-consul of the United States having a seal, or before the judge of any court of record having a seal. In the last case the genuineness of the signature and official character to be certified by some officer having a seal of office. All p-G. S. p 251. q-See Nixon's Digest, 144, et seq..

and General Statutes.

persons taking foreign acknowledgments must have their identity certified in the usual manner for establishing the identity of a foreign official.

The examination of the wife, separate, apart, and independent of her husband is not necessary; the wife, however, is to be described as such. The deed of a corporation is acknowledged by the officer authorized by the by-laws to make it, and the corporate seal, if any, must be affixed to the certificate. Sub. 3, sec. 1. Laws of 1889.

Acknowledgment-Husband and Wife. Territory of New Mexico, county of -—————, ss. On this day of in the year eighteen hundred and before me personally appeared A. B. (or A. B. and C. D.; or A. B. and his wife E. F.) to me personally known, and known to me to be the same person (or persons) described in, and who executed the foregoing instrument, and he (she or they) thereupon acknowledged to me that he (she or they) executed the same as his (or their) free act and deed.

Witness my hand and notarial (or official) seal at said county of, the day and year last above written. (My commission expires - A. D.

18-.)

[Seal.]

(Signature and official title.) NEW YORK.

A conveyance, to be recorded by a county clerk, must be acknowledged by the party executing the same, or be proved by a subscribing witness thereto, as follows:

Conveyances executed within the State must be acknowledged before judges of courts of record within the jurisdiction of their respective courts, county judges, surrogates, notaries public, and justices of peace at a place within their counties, mayors, recorders, and commissioners of deeds of cities within their respective cities.

Without the State, before judges of United States courts, judges of the supreme, circuit, or superior court of any other State or Territory, at a place within the jurisdiction of their courts; before the mayor of any city, or before a New York commissioner, provided the certificate of such commissioner is accompanied by the certificate of the secretary of state of New York, attesting the existence of the officer, and the genuineness of his signature. When taken before commissioners of the State of New York, their certificate must state the day on which, and the city, town, and county within which, such proof and acknowledgment is taken.

When made by any person residing out of the State, and within the United States, it may be taken before any officer of the State or Territory where made, authorized by its laws to take proof or acknowledgment, but the officer taking the same must know, or have satisfactory evidence, that the person making it is the individual described in, and who executed the instrument, and such officer must also attach a certificate, under the name and official seal of the clerk, register, recorder, or prothonotary of the county in which such officer resides, or any clerk of the court thereof, having a seal, specifying that such officer was, at the time of taking such proof or acknowledgment, duly authorized to take the same, and that such clerk, register, recorder, or prothonotary, is well acquainted with the handwriting of such officer, and verily believes that the signature to said certificate of proof or acknowledgment is genuine, and that such conveyance is executed and acknowledged in accordance with the laws of such State."

In Canada, before judges of the highest courts, or the mayor of any city, and by any consul, vice-consul, deputy consul, consular agent, vice-consular agent, commercial agent, and vice-commercial agent of the United States, certified by him, under his seal of office, or the seal of the consulate to which he is attached. When taken before a judge of a court of record, a certificate must be attached, under the name and official seal of the clerk of the court, that there is such a court:

q-See General Statutes. r-Laws, 1850, ch. 270; Laws, 1857, ch. 788. s-Laws, 1848, ch. 195; Laws, 1867, ch. 557. t-Laws, 1870, ch. 208. u-1 R. S. 758. V-Laws, 1833, ch. 271, 9. w-1 R. S. 758, 29; 11

that the judge before whom the proof or acknowledg ment is taken is a judge thereof; that such court has a seal; that he is the clerk thereof; that he is well acquainted with the handwriting of such judge, and believes his signature genuine t

In all cases the certificate of proof or acknowledgment must show that the officer taking the same either knows, or has satisfactory proof, that the person making such acknowledgment or proof is the same individual described in, and who executed the instrument, or a subscribing witness thereto. In the older forms, when the execution was by a resident married woman, the certificate stated a private examination. Acknowledgment or proof of conveyance by a non-resident married woman, joining with her husband, may be made as if she were sole u No private examination is necessary, but, otherwise, the certificate of the officer must comply with the requirements of certificates in this State.

Every written instrument, except promissory notes, bills of exchange, and the last wills of deceased persons, may be proved or acknowledged, and read in evidence on the trial of any action, with the same effect and in the same manner as conveyances of real estate.

Where the execution of a conveyance is acknowledged by the party in person, the officer taking the same should certify to the identity."

Where the execution is proved by a subscribing witness, he must state his own place of residence, and that he knew the person described in and who executed the conveyance.

Upon the application of any grantee in any convey. ance, or of any person claiming under or through hini, verified by oath, that a subscribing witness, residing in the county where the application is made, refuses to appear and testify, any officer authorized to take proofs or acknowledgments, except commissioners of deeds and justices of the peace, may issue a subpoena requiring such witness to appear and testify before hin...y

For some later and simpler forms which have the ap proval of common usage, since a separate form for married women is no longer required, see p. 36.

Acknowledgment-General Form.

Party known to the officer.

Where a deed is acknowledged in this State, to be used or recorded in another State, the certificate should be headed with name of the State, as well as of the county.

If the instrument, the execution of which is to be acknowledged, is not a deed, it should be described as a mortgage," "bond," "letter of attorney," " "assignment,' instrument in writing," or whatever the case may require with this alteration, the succeeding forms will be found sufficient in the transaction of ordinary business.

county, ss.

State of On this day of, A. D. ——, vore me personally came A. B., to me known be the person described in, and who executed the within or above, or annexed) conveyance, and he acknowl edged that he executed the same for the purpose therein mentioned.

(Signature of the officer taking the acknowledgment, with his official title at length.) Another form. county, ss. day of

A. D.,

before me

State of On this personally came A. B., to me known to be the individual described in, and who executed the within (or above, or annexed) conveyance (or instrument), and acknowledged that he executed the same for the purposes therein mentioned.

(Signature and title of officer.) Acknowledgment-General Form. Identity of party is proven to the officer. If the person by whose oath the identity is established is not a subscribing witness the words in italic in this and the following forms should be omitted.