is not sufficient.1 But an impression of the notarial seal, made on the paper, is held to be a sufficient sealing.2

ARKANSAS.-Shall have the emblems of the great seal of State, surrounded by the words, "Notary Public, County of Ark."; and all acts to be authenticated therewith.3

CALIFORNIA.-Arms of the State, the words "Notary Public," and the name of county for which commissioned.4

DELAWARE. After the 1st July, 1873, the impression must show distinctly name, official title, date of appointment, and term of office.5

GEORGIA. The seal shall have name officially, State, and county.6

ILLINOIS.-Shall have office and name of place or county in which the notary resides."

INDIANA. No notary is to act until he have a seal on which is to be engraved his official character, to which may be added such other device as he may choose; and all notarial acts not attested by such seal shall be void.8

IOWA. The words "Notarial Seal" and "Iowa," with the surname at length, and at least the initials of the Christian name.9

KANSAS.-Every notary shall have a scal, containing his name and place of residence, and use it on all his official acts.10 KENTUCKY.-There is no special provision for a seal in this State; but it has been decided that a notary's certificate of a protest is sufficient without a seal, and is conclusive.11

LOUISIANA. There is no special provision; and it has been held that a notary is not required to have a particular style of seal to give authenticity to his copies.12

1 Dunn v. Adams, 1 Ala. 527. See Hinckley v. O'Farrell, 4 Blackf. 185; Dumont v. McKracken, 6 Id. 356.

2 Bank of Manchester v. Slason, 13 Vt. 334.

3 Gantt's Digest, Sec. 2455.

4 Political Code, Sec. 794.

Rev. Code 1874, p. 147.

6 Code 1873, Sec. 1503.

7 Rev. Stat. 1874, p. 721.

81 G. & H. 445.

9 Code 1873.

10 Gen. Stat. 1868, p. 597.

11 Bank of Kentucky v. Pursely, 3 T. B. Mon. 238; Tyler v. Bank of Kentucky,

7 Id. 557.

12 Fleming v. Richardson, 13 La. An. 414.

MAINE.-Name and words "Notary Public," and "Maine,” with the arms of the State, or such other device as he chooses.1 MARYLAND. Such device as he may think proper; and for legend shall have name, surname, and office of notary and place of residence.2

MINNESOTA.-Shall have arms of the State, the words "Notarial Seal," and the name of the county in which he resides.3 MISSISSIPPI.-Shall have "Notary Public" of

(naming town or city) around the margin, and an eagle in the center. The seal is to be delivered to his successor.4

MISSOURI.-Name, surname of office, and name of the county of residence, and shall use the seal on all official acts.5

NEBRASKA.The words "Notarial Seal," the name of the county for which appointed, and the word "Nebraska"; and in addition, at his option, his name, or the initial letters of his name.6

NEVADA. Each notary public shall provide a notarial seal, an impression of which shall be made on his official bond, on which shall be engraved the name of the county for which he is commissioned, and the initials of the Territory, the name of the notary, and the words "Notary Public."7

NEW YORK.-There is no special provision for. By Laws 1859, Chap. 360, it is provided that notaries can administer oaths and affidavits, take proof and acknowledgments of deeds, mortgages, and any other papers for use or record in this State, without affixing their official seal.

OHIO.-To have arms of State, the words "Notarial Seal," and name of county.8

PENNSYLVANIA. To have arms of the Commonwealth, and for a legend, name, surname, and office, and the place of residence.9

1 Rev. Stat. 1871, p. 327. See Homes v. Smith, 16 Me. 181, holding that the record need not be under seal-that only copies are required to have a seal.

2 Gen. Laws 1860, p. 470.

3 Bissell's Stat. p. 205.

4 Act April 5th, 1872.

5 Wag. Stat. 959.

6 Gen. Stat. 1873, p. 496.

7 Comp. Laws, Sec. 339.

81 Swan & C. 876. A notary cannot take acknowledgment of certificate of corporation. (State v. Lee, 21 Ohio St. 662.)

9 Purdon's Digest, p. 758.

SOUTH CAROLINA." That every notary public shall have a seal of office, which shall be affixed to his instruments of publication, and to his protestations; but the absence of such seal shall not render his acts invalid, provided his official title be af fixed."1

TENNESSEE.-Notary to procure seal at his own expense, which he shall surrender to the County Court when he resigns, or at the expiration of his term of office, and which his representatives, in case of his death, shall likewise surrender to be canceled, on pain of indictment as for a misdemeanor.2

TEXAS.-Engraved in the center a star of five points, and the words, "Notary Public, County of, Texas," and shall authenticate all his official acts therewith.3

VERMONT.-Each shall have a seal of office, which shall be affixed to all papers officially signed by him, unless specially dispensed with by law.

WEST VIRGINIA.-A seal need not be affixed to acknowledg ments of deeds, affidavits, and depositions, if the signature of the notary be attached.5

WISCONSIN. Shall have an impression of name, office, and county; and shall deposit an impression of the same in the office of the Secretary of State.6

1 Rev. Stat. 1873, p. 113.

2 Stat. Thomp. & S. Sec. 1802.

3 Paschall's Dig. p. 789.

No notarial act is valid unless the seal of office of such notary be affixed. (McKellar v. Peck, 39 Tex. 381.)

4 Gen. Stat. 1870, p. 764.

In this State need not use seal in taking acknowledgments of deeds. (Id. p. 448.)

5 Code 1868, p. 387.

61 Taylor's Stat. p. 283.

§ 40. Theory of the law in respect to.

§ 41. Requisites of the certificate.

$42. As to the exact compliance with requirements.

§ 43. A private examination.

$44. The wife must be made acquainted with contents.

§ 45. The certificate must state a voluntary, free act.

§ 46. That she does not wish to retract her act.

§ 47. Effect of the certificate against the wife.

§ 48. Liability of notary for invalid acknowledgment.

§ 49. Statutory provisions in reference to acknowledgments

§ 29. The effect of acknowledgment is to give a right to introduce the deed in evidence, as proof of a conveyance, and to give constructive notice to all who subsequently acquire the property, or any interest therein, of the prior sale or incumbrance. So, where the word "acknowledged" was omitted in the certificate, it was held that the omission could not be supplied by intendment or construction, and that the deed, having no acknowledgment, could not be introduced as evidence of title; and a defect like this could not be supplied by parol

1 Keichline v. Keichline, 54 Penn. St. 75; Bowman v. Wettig, 39 Ill. 416; Harrington v. Fish, 10 Mich. 415; Pickney v. Burrage, 17 N. J. Eq. 13; Jackson v. Shepard, 2 Johns. 77; Kelly v. Dunlap, 3 Penn. St. 136.

2 Stanton v. Button, 7 Conn. 527. See Short v. Conlee, 28 Ill. 219: Boothroyd v. Engles, 23 Mich, 19.

evidence.1 But a deed which is not acknowledged, or which is improperly acknowledged, is nevertheless good as between the parties, and between them may be received in evidence. So it is held that although a deed is defective as to acknowledgment, to as not to be entitled to registration, it is not void but good as between the parties, and as to all the world, except subsequent purchasers without notice, and it should be allowed in evidence, with instructions to the jury as to its effect in giving notice.3

§ 30. A literal compliance is not necessary with the words of the statute; a substantial compliance, however, must be found in the certificate. Important words omitted from the certificate will be fatal to its validity, and cannot be supplied by intendment, as where the words "for the consideration and purposes therein set forth" prescribed by the statute are omitted.5 Thus, where the statute provides that the certificate of a judge of a foreign State must set forth that the person executing a power of attorney is "personally known" to said judge, the words "I am satisfied" will not be held sufficient." A deed acknowledged before a proper officer, who certified that the grantors acknowledged the same "to be their act and deed for the uses and purposes therein mentioned," instead of using the language of the statute, that "they signed, sealed, and delivered," etc., was held entitled to admission in evidence."

§ 31. Essentials of certificate.-There are two essential things required in a certificate of acknowledgment everywhere, and an omission of either will render the certificate invalid. These are the fact of acknowledgment, and the identity of the party making the acknowledgment.8 The party who executes a deed must acknowledge it to the officer to be his deed, either

1 Hayden v. Westcott, 11 Conn. 129; O'Farrell v. Simplot, 4 Iowa, 381; Gray v Ulrich, 8 Kan. 112.

2 Strong v. Smith, 3 McLean, 362; Beaman v. Whitney, 22 Me. 413; Brown v Manter, 23 N. H. 468; Gibbs v. Swift, 12 Cush. 393; Hill v. Samuel, 21 Miss. 307. 3 Hastings v. Vaughn, 5 Cal. 315.

4 Henderson v. Grewell, 8 Cal. 581 ; Alexander v. Merry, 9 Mo. 514; Morse v Clayton, 21 Miss. 373; Vance v. Schuyler, 6 Ill. 160; Monroe v. Arledge, 23 Tex

478.

Jacoway v. Gault, 20 Ark. 190. Shephard v. Carriel, 19 Ill. 313. 7 Den v. Hamilton, 12 N. J. L. 109. 8 Bryan r. Ramirez, 8 Cal. 461.