The certificate of the officer on the instrument, that such a declaration has been made to him, is also called an acknowledgment. The acknowledgment or due proof of the instrument by witnesses, must be made before it can be put upon record.
2.
Below will be found the law of the several states relating to the
officer before whom the acknowledgment must be made. Justice requires
that credit should be here givem for the valuable information which has
been derived on this subject from Mr. Hilliard's Abridgment of the
American Law of Real Property, and from. Griffith's Register. Much
valuable information has also been received on this subject from the
correspondents of the author.
3.
Alabama. Before one of the judges of the superior court, or any one of
the justices of the county court; Act of March 3, 1803; or before any
one of the superior judges or justices of the quorum of the territory
(state); Act of Dec. 12, 1812; or before the clerks of the circuit and
county courts, within their respective counties; Act of Nov. 21, 1818;
or any two justices of the peace; Act of Dee. 17, 1819; or clerks of the
circuit. courts, for deeds conveying lands anywhere in the state; Act
of January 6, 1831; or before any notary public, Id, sec. 2; or before
one justice of the peace; Act of January 5, 1836; or before the clerks
of the county courts; Act of Feb. 1, 1839; See Aiken's Dig. 88, 89, 90,
91, 616; Meek's Suppl. 86.
4.
When the acknowledgment is out of the state, in one of the United
States or territories thereof, it may be made before the chief justice
or any associate judge of the supreme court of the United States, or any
judge or or justice of the superior court of any state, or territory in
the Union. Aiken's Dig. 89.
5.
When it is made out of the United States, it may be made before and
certified by any court of law, mayor or other chief magistrate of any
city, borough or corporation of the kingdom, state, nation, or colony,
where it is made. Act of March 3,1803.
6.
When a feme covert is a grantor, the officer must certify that she was
examined "separately and apart from her said hushand and that on such
private examination, she acknowledged that she signed, sealed and
delivered the deed as her voluntary act and deed, freely and without any
threat, fear, or compulsion, of her said hushand."
7.
Arkansas. The proof or acknowledgment of every deed or instrument of
writing for the conveyance of real estate, shall be taken by some one of
the following courts or officers: 1. When acknowledged or proven within
this state, before the supreme court, the circuit court, or either of
the judges thereof, or of the clerk of either of the said courts, or
before the county court, or the judge thereof, or before an justice of
the peace or notary public.
8.
– 2. When acknowledged or proven without this state, and within the
United States or their territories, before any court of the United
States, or of any state or territory having a seal, or the clerk of any
such court, or before the mayor of any city or town, or the chief
officer of any city or town having a seal of office.
9.
– 3.When acknowledged or proven without 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 the laws of such country, is
authorized to take probate of the conveyance of real estate of his own
country, if such officer has by law an official seal.
10.
The conveyance of any real estate by any married woman, or the
relinquishment of her dower in any of her hushand's real estate, shall
be authenticated, and the title passed, by such married woman
voluntarily appearing before the proper court or officer, and, in the
absence of her hushand, declaring that she had of her own free will
executed the deed or instrument in question, or that she had signed and
sealed the relinquishment of dower for the purposes therein contained
and set forth, without any compulsion or undue influence of her hushand.
Act of Nov. 30, 1837, s. 13, 21; Rev. Stat. 190, 191.
11.
In cases of ackkowledgment or proof of deeds or conveyances of real
estate taken within the United States or territories thereof, when taken
before a court or officer, having a seal of office, such deed or
conveyance shall be attested under such seal of office; and if such
officer have no seal of office, then under the official signature of
such officer, Idem, s. 14; Rev. Stat. 190.
12.
In all cases of deeds, and conveyances proven or acknowledged without
the United States or their territories, such acknowledgment or proof
must be attested under the official seal of the court or officer before
whom such probate is had. Idem, s. 15.
13.
Every court or officer that shall take the proof or acknowledgment of
any deed or conveyance of real estate, or the relinquishment of dower of
any married woman in any conveyance of the estate of her hushand, shall
grant a certificate thereof, and cause such certificate to be endorsed
on the said deed, instrument, conveyance or relinquishment of dower,
which certificate shall be signed by the clerk of the court where the
probate is taken in court, or by the officer before whom the same is
taken and sealed, if he have a seal of office. Idem, s. 16.
14.
Connecticut. In this state, deeds must be acknowledged before a judge
of the supreme or district court of the United States, or the supreme or
superior court, or court of common pleas or county court of this state,
or a notary public.
15.
When the acknowledgment is made in another state or territory of the
United States, it must be before some officer or commisioner having
power to take acknowledgments there.
16.
When made out of the United States before a resident American consul, a
justice of the peace, or notary public, no different form is used, and
no different examination of a feme covert from others. See Act of 1828;
Act of 1833; 1 Hill. Ab. c. 34, s. 82.
17.
Delaware. Before the supreme court, or the court of common pleas of any
county, or a judge of either court, or the chancellor, or two justices
of the peace of the same county.
18. The certificate of an acknowledgment in court must be under the seal of the court.
19. A feme covert may also make her acknowledgment before the same officers, who are to examine her separately from her hushand.
20.
An acknowledgment out of the state, may be made before a judge of any
court of the United States, the chancellor or judge of a court of
record, of the said court itself, or the chief officer of a city or
borough, the certificate to be under the official seal; if by a judge,
the seal to be affixed to his certificate, or to that of the clerk or
keeper of the seal. Commissioners appointed in other states may also
take acknowledgments. 2 Hill. Ab. 441 ; Griff. Reg. h. t.
21.
Florida. Deeds and mortgages must be acknowledged within the state
before the officer authorized by law to record the same, or before some
judicial officers of this state. Out of the state, but within some other
state or territory of the United States, before a commissioner of
Florida, appointed under the act passed January 24, 1831; and where
there is no commissioner, or heis unable to attend) before the chief
justice, judge, presiding judge, 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. The certificate must show, first, that the
acknowledgment was taken within the territorial jurisdiction of the
officer; secondly, the court of which he is such officer. And it must be
accompanied by the certificate of the clerk or prothonotary of the
court of which he is judge, justice or president, under the seal of said
court that he is duly appointed and authorized as such. Out of the
United States. If in Europe, or in North or South America, before. any
minister plenipotentiary, or minister extraordinary, or any cbarge
d'affaires, or consul of the United States, resident or accredited
there. If in any part of Great Britain and Ireland, or the dominions
thereeunto belonging, before the consul of the United States, resident
or accredited therein, or before the mayor or other chief magistrate of
London, Bristol, Liverpool, Dublin or Edinburgh, the certificate to be
under the hand and seal of the officer.In any other place out of the
United States, where there is no public minister, consul or vice consul,
commercial agent or vice commercial agent of the United States, before
two subscribing witnesses and officers of such place, and the identity
of such civil officer and credibility, shall be certified by a consul or
vice consulof the United States, of the government of which such place
is a part.
22.
The certificate of acknowledgmeut of a married, woman must state that
she was examined apart from her hushand, that she executed such deeds,
&c., freely and without any fear or compulsion of her hushand.
23.
Georgia. Deeds of conveyance of land in the state must be executed in
the preseace of two witnesses, and proved before a justice of the peace,
a justice of the inferior court, or one of the judges of the superior
courts.If executed in the presence of one witness and a magistrate, no
probate is required. Prince's Dig. 162; 1 Laws of Geo. 115.
24.
When out of the state, but in the United States, they may be proved by
affidavit of one or more of the witnesses thereto, before any governor,
chief justice, mayor, or other justice, of either of the United States,
and certified accordingly, and transmitted under the common or public
seal of the state, court, city or place, where the same is taken. The
affidavit must express the place of the affidant's abode. Idem.
25. There is no state law, directing how the acknowledgment shall be made when it is made out of the United States.
26.
By an act of the legislature passed in 1826, the widow is barred, of
her dower in all lands of her deceased hushand, that he aliens or
conveys away during the coverture, except such lands as he acquired by
his intermarriage with his wife; So that no relinquishment of dower by
the wife is necessary, unless the lands came to her hushand by her.
Prince's Dig.249; 4 Laws of Geo. 217. The magistrate should certify that
the wife did declare that freely, and without compulsion, she signed,
sealed and delivered the instrument of writing between the parties,
naming them and that she did renounce all title or claim to dower that
she might claim or be entitled to after death of her hushand, (naming
him.) 1 Laws of. Geo. 112; Prince's Dig. 160.
27.
Indiana. Before the recorder of the county in which the lands may, be
situate, or one of the judges of the supreme court of this state, or
before one of the judges of the circuitcourt, or some justice of the
peace of the county within which the estate may be situate, before
notaries public, or before probate judges. Ind. Rev. Stat. c. 44, s. 7;
Id. eh. 74; Act of Feb. 24, 1840.
28.
All deeds and conveyances made and executed by any person without this
state and brought within it to be recorded, the acknowledgment having
been lawfully made before any judge or justice of the peace of the
proper county in which such deed may have been made and executed, and
certified under the seal of such county by the proper officer, shall be
valid and effectual in law. Rev. Code, c. 44, s. 11 App. Jan. 24, 1831.
29.
When ackkowledged by a feme covert, it must be certified that she was
examined separate and apart from her hushand; that the full contents of
the deed were made known to her; that she did then and there declare
that she had, as her own voluntary act and deed, signed, sealed and
executed the said deed of her own free will and accord, without any fear
or compulsion from her said hushand.
30.
Illinois. Before a judge or justice of the supreme or districtcourts of
the United States, a commissioner authorized to take acknowledgments, a
judge or justice of the supreme, superior or district court of any of
the United States or territories, a justice of the peace, the clerk of a
court of record, mayor of a city, or notary public; the last three
shall give a certificate under their official seal.
31.
The certificate must state that the party is known to the officer, or
that his identity has been proved by a credible witness, naming him.
When the acknowledgment is taken by a justice of the peace of the state,
residing in the county where the lands lie, no other certificate is
required than his own; when heresides in another county, there shall be a
certificate of the clerk of the county commissioners court of the
proper county, under seal, to his official capacity.
32.
When the justice of the peace taking the acknowledgment resides out of
the state, there shall be added to the deed a certificate of the proper
clerk, that the person officiating is a justice of the peace.
33.
The deed of a feme covert is acknowledged before the same officers. The
certificate must state that she is known to the officer, or that. her
identity has been proved by a witness who must be named; that the
officer informed her of the contents of the deed; that she was
separately examined; that she acknowledged the execution and release to
be made freely, voluntarily, and without the compulsion of her hushand.
34.
When the hushand and wife reside in the state, and the latter is over
eighteen years of age, she may convey her lands, with formalities
substanially the same as those used in a release of dower; she
acknowledges the instrument to be her act and deed, and that she does
not wish to retract.
35.
When she resides out of the state, if over eighteen, she may join her
hushand in any writing relating to lands in the state, in which case her
acknowledgmeut is the same as if she were a feme sole. Ill. Rev. L.
135-8; 2 Hill Ab. 455, 6.
36.
Kentucky. Acknowledgments taken in the State must be before the clerk
of a county court, clerk of the general court, or clerk of the court of
appeals. 4 Litt. L. of K. 165 ; or before two justices of the peace, 1
Litt. L. of K. 152.; or before the mayor of the city of Louisville. Acts
of 1828, p. 219, s. 12.
37.
When in another state or territory of the United States, before two
justices of the peace, 1 Litt. L. of K. 152; or before any court of law,
mayor, or other chief magistrate of any city, town or corporation of
the county where the grantorsdwell, Id. 567; or before any justice or
judge of a superior or inferior court of law. Acts of 1831, p. 128.
38.
When made out of the United States, before a mayor of a city, or consul
of the U. S. residing there' or, before the chief, magistrate of such
state or country, to be authenticated in the usual manner such officers
authenticate the official act's. Acts of 1831, p. 128, s. 5.
39.
When a feme covert acknowledges the deed, the certificate must state
that she was examined by the officer separate and apart from her
hushand, that she declared that she did freely and willingly seal and
deliver the said writing, and wishes not to retract it, and acknowledged
the said writing again shown and explained to her, to be her act and
deed, and consents that the same may be recorded.
40.
Maine. Before a justice of the peace in this state, or any justice of
the peace, magistrate, or notary public, within the United States, or
any commissioner appointed for that purpose by the governor of this
state, or before any minister or cousul of the United States, or notary
public in any foreign country. Rev. St. t. 7, c. 91, 7; 6 Pick. 86.
41.
No peculiar form for the certificate of acknowledgment is prescribed;
it is required that the hushand join in the deed. "The joint deed of
hushand and wife shall be effectual to convey her real estate, but not
to bind her to any covenant or estoppel therein." Rev. St. t. 7, c. 91,
5.
42.
Maryland. Before two justices of the peace of the county where the
lands lie, or where the grantor lives, or before a judge of the county
court of the former county, or the mayor of Annapolis for Anne Arundel
county. When the acknowledgment is made in another county than that in
which the lands are situated, an in which the party Eves, the clerk of
the court must certify under the court seal, the official capacity of
the acting justices or judge.
43.
When the grantor resides out of the state, a commission issues on,
application of the purchaser, and with the written consent of the
grantor, from the clerk of the county court where the landlies, to two
or more commissioners at the grantee's residence; any two of whom may
take the acknowledgment, and shall certify it under seal and return the
commission to be recorded with the deed; or the grantor may empower an
attorney in the state to acknowledge for him, the power to be
incorporated in the deed, or annexed to it, and proved by a subscribing
witness before the county court, or two justices of the peace where the
land lies, or a district judge, or the governor or a mayor, notary
public, court or judge thereof, of the place where it is. executed; in
each case the certificate to be under an official seal. By the acts of
1825, c. 58, and 1830, c. 164 the acknowledgment in another state may be
before a judge of the U. S. or a judge of a court of record of the
state. and county where the grantor may be the clerk to certify under
seal, the official character of the magristrate.
44.
By the act of 1837, c. 97, commissioners may be appointed by authority
of the state, who shall reside in the other states or territories of the
United States who shall be authorized to take acknowledgment of deeds.
The act of 1831, c. 205, requires that the officer shall certify
knowledge of the parties.
45.
The acknowledgment of a feme covert must be made separate and apart
from her hushand. 2 Hill. Ab. 442; Griff. Reg. h. t. See also, 7 Gill
& J. 480; 2 Gill. & J. 173 6 Harr. & J. 336; 3 Harr. &
J.371 ; 1 Harr. & J. 178; 4 Harr. & M'H. 222.
46.
Massachusetts. Before a justice of the peace or magistrate out of the
state. It has been held that an American consul at a foreign port, is a
magistrate. 13 Pick. R. 523. An acknowledgment by one of two grantors
has been held, sufficient to authorize the registration of a deed; and a
wife need not, therefore, acknowledge the conveyance when she joins
with her hushand. 2 Hill. Ab. c. 34, s. 45.
47.
Michigan. Before a judge of a court of record, notary public, justice
of the peace, or master in chan cery; and in case of the death of the
grantor, or his departure from the state, it may be proved by one of the
subscribing witnesses before any court of record in the state. Rev. St.
208 Laws of 1840, p. 166.
48.
When, the deed is acknowledged out of the state of Michigan, but in the
United States, or an of the territories of the U. S., it is to be
acknowledged according to the laws of such state or territory, with a
certificate of the proper county clerk, under his seal of office, that
such deed is executed according to the laws of such state or territory,
attached thereto.
49.
When acknowledged in a foreign country, it may be executed according to
the laws of such foreign country, but, it must in such. case, be
acknowledged before a minister plenipotentiary , consul, or charge
d'affaires of the United States and the acknowledgment must be certified
by the officer before whom the same was taken. Laws of 1840, p. 166,
sec. 2 and 3.
50.
When the acknowledgment is made by a feme covert, the certificate must
state that on a private examination of such feme' covert, separate and
apart from her hushand, she acknowledged that she executed the deed
without fear or compulsion from any one. Laws of 1840, p. 167, sec. 4.
51.
Mississippi. When in the state, deeds may be acknowledged, or proved by
one or more of the subscribing witnesses to them, before any judge of
the high court of errors and appeals, or a judge of the circuit courts,
or judge of probate, and certified by such judge; or before any notary
public, or clerk of any court of record. in this state, and certified by
such notary or clerk under the seal of his office; How. & Hutch. c.
34, s. 99, p. 868, Law of .1833 ; or before any justice of that county,
where the land, or any part thereof, is situated; Ib. p. 343, s. 1 ,
Law of 1822; or before any, member of the board of police, in his
respective county. Ib. p. 445, c. 38, s. 50, Law of 1838.
52.
When in another state or territory of the United States, such deeds
must be acknowledged, or proved as aforesaid, before a judge of the
supreme court or of the district courts of the United States, or before
any judge of the supreme or superior court of any state or territory in
the Union; How. & Hutch. 846) c. 34, s. 13, Law of 1832; or before
and certified by any judge of any inferior or county court of record, or
before any justice of the peace of the state or territory and county,
wherein such person or witness or witnesses may then be or reside, and
authenticated by the certificate of the clerk or register of the
superior county or circuit court of such county, with a seal of his
office thereto affixed; or if taken before or certified by a justice of
the peace, shall be authenticated by the certificate of either the clerk
of the Said inferior or county court of record of such county, with the
seal of his office thereto affixed. Laws of Mississippi, Jan. 27, 1841,
p. 132.
53.
When out of the United States, such acknowledgment, or proof as, afore
said, must be made before an court of law, or mayor, or other chief
magistrate of any city, borough or corporation of such foreign kingdom,
state, nation, or colony, in which the said parties or witnesses reside;
certified by the court, mayor, or chief magistrate, in a manner such
acts are usually authenticated by him. How. & Hutch, 346, c. 34, s.
14, Law of 1822.
54.
When made by a feme covert, the certificate must state that she made
previous acknowledgment, on a private examination, apart from her
hushand before the proper officer, that she sealed and delivered the
same as her act and deed, freely, without any fear, threat or compulsion
of her hushand. How. & Hutch. 347, c. 34, s. 19, Law of 1822.
55.
Missouri. In the state, before some court having a seal, or some judge,
justice or clerk thereof, or a justice of the peace in the county where
the land lies. Rev. Code, 1835, 8, p. 120.
56.
Out of the state, but in the United States, before any court of the
United States, or of any state or territory, having a seal, or the clerk
thereof. Id. cl. 2.
57.
Out of the United States, before any court of any state, kingdom or
empire having a seal, or the mayor of any city having an official seal.
58.
Every court or officer taking the acknowledgment of such instrument or
relinquishment of dower or the deed of the wife of the hushand's land,
shall endorse a certificate thereof upon the instrument; when made
before a court, the certificate shall beunder its seal; if by a clerk,
under his band and the seal of the court; when before an officer having
an official seal, under his hand and seal; when by an officer having no
seal, under his hand. The certificate must state thatthe party was
personally known to the judge or other officer as the signer, or proved
to be such by two credible witnesses. Misso. St. 120-122 ; 2 Hill. Ab.
453; Griff. h. t.
59.
When the acknowledgment is made by a feme covert, releasing her dower,
the certificate must statethat she is personally known to a judge of the
court, or the officer before whom the deed is acknowledged, or that,
her identity was proved by two credible witnesses; it must also state
that she was informed of the contents of the deed; that it was
acknowledged separate and apart from her hushand; that she releases her
dower freely without compulsion or undue conveyance of her own lands,
the acknowledgment may be made before any court authorized to take
acknowledgments. It must be done as in the cases of release of dower,
and have a similar certificate. Ib.
60.
New Hampshire. Before a justice of the peace or a notary public; and
the acknowledgment of a deed before a notary public in another state is
good. 2 N. H. Rep. 420 2 Hill. Ab. c. 34, s. 61.
61.
New Jersey. In the state, before the chancellor, a justice of the
supreme court of this state, a master in chancery, or a judge of any
inferior court of common pleas, whether in the same or a different
county; Rev. Laws, 458, Act of June 7, 1799 ; or before a commissioner
for taking the acknowledgments or proofs of deeds, two of whom are
appointed by the legislature in each township, who are authorized to
take acknowledgments or proofs of deeds in any part of the state. Rev.
Laws, 748, Act of June 5, 1820.
62.
In another state or territory of the United States, before a judge of
the supreme court of the United States, or a district judge of the
United States, or any judge or justice of the supreme or superior court
of any state in the Union; Rev. Laws, 459, Act of June 7, 1799; or
before a mayor or other chief magistrate of any city in any other state
or territory of the U. S., and duly certified under the seal of such
city; or before a judge of any, superior court, or court of common pleas
of any state or territory; when, taken before a judge of a court of
common pleas, it must be accompanied by a certificate under the great
seal of the state, or the seal of the county court in which it is made,
that he is such officer; Rev. Laws, 747, Act of June 5, 1820; or before a
commissioner appointed by the overnor, who resides in such state; Harr.
Comp. 158, Act of December 27, 1826; two of whom may be appointed for
each of the States of New York and Pennsylvania. Elmer's Dig. Act of
Nov. 3, 1836.
63.
When made out of the United States, the acknowledgment may be before
any court of law, or mayor, – or other magistrate, of any city, borough
or corporation of a foreign kingdom, state, nation or colony, in which
the party or hiswitnesses reside, certified by the said court, mayor, or
chief magistrate, in the manner in which such acts are usually
authenticated by him. Rev. Laws, 459, Act of June 7, 1799. The
certificate. in all cases must state that the officer who makes it,
first made known the contents of the deed to the person making the
acknowledgment, and that he was satisfied such person was the grantor
mentioned in the deed.Rev. Laws, 749, Act of June 5, 1820.
64.
When the acknowledgment is made by a feme covert, the certificate must
state that on a private examination, apart from her hushand, before a
proper officer, (ut supra,) she acknowledged that she signed, sealed,
and delivered the deed, as her voluntary act and deed, freely, without
any fear, threats or compulsion of her hushand. Rev. Laws, 459, Act of
June 7, 1799..
65.
New York. Before the chancellor or justice of the supreme court,
circuit judge, supreme court commissioner, judge of the county court,
mayor or recorder of a city, or, commissioner of deeds; a couuty judge
or commissioner of deeds for a city or county, not to act out of the
same.
66.
When the party resides in another state, before a judge of the United
States, or a judge or justice of the supreme, superior or circuit court
of any state or territory of the United States, Within his own
jurisdiction. By a statute passed in 1840, chap. 290, the governor is
authorized to appoint commissioners in other states, to take the
acknowledgment and proof of deeds and other instruments.
67.
When the party is in Europe or other parts of America, before a
resident minister or charge d'affaires of the United States; in France,
before the United States consul at Paris; in Russia, before the same
officer at St. Petershurg; in the British dominions, before the Lord
Mayor of London, the chief magistrate of Dublin, Edinburgh, or
Liverpool, or the United States consul at London. The certificate to be
uuder the hand and official seal of such officer. It may also be made
before any person specially authorized by the court of chancery of this
state.
68.
The officer must in all cases be satisfied of the identity of the
party, either from his own knowledge or from the oath or affirmation of a
witness, who is to be named in the certificate.
69. A feme covert must be privately examined; but if out of the state this is unnecessary. 2 Hill. Ab. 434; Griff. Reg. h. t.
70.
By the act passed April 7, 1848, it is provided, that: 1. The proof or
acknowledgment of auy deed or other written, instrument required to be
proved or acknowledged, inorder to entitle the same to be recorded or
read in evidence, when made by any person residing out of this state and
within any other state or territory of the United States, may be made
before any officer of such state or territory, authorized by the laws
thereof to take the proof and acknowdgment of deeds and when so taken
and certified as by the act is provided, shall be entitled to be
recorded in any county in this state, and may be read in evidence in any
court iu this state, in the sae manner and with like effect, as proofs
and acknowledgments taken before auy of the officers now authorized by
law to take such proofs and acknowledgments: Provided that no such
acknowledgment shall be valid unless the officer taking the same shall
know or have satisfactory evidence that the person making such
acknowledgment is the individual described in, and who executed the deed
or instrument.
71.
– 2. To entitle any conveyance or other written instrument acknowledged
or proved under the preceding section, to be read in evidence or
recorded in this state, there shall be subjoined to the certificate of
proof or acknowledgment, signed by such officer, a certificate under the
name and official seal of the clerk or register of the county in which
such officer resides, specifying that such officer was at the time of
taking such proof or acknowledgment, duly authorized to take the same,
and that such clerk or register is well acquainted with the handwriting
of such officer, and verily believes that the signature to said
certificate of proof and acknowledgment, is genuine.
72.
North Carolina. The acknowledgment or proof of deeds for the conveyance
of lands, when taken or made in the state, must be before one of the
judges of the supreme court, or superior court, or in the court of the
county where the land lieth. 1 ltev. Stat. c. 37, s.. 1.
73.
When in another state or territory of the United States, or the
District of Columbia, the deed must be acknowledged, or proved, before
some one of the judges of the superior courts of law, orcircuit courts
of law of superior jurisdiction, within the said state, &c., with a
certificate of the governor of the said state or territory, or of the
secretary of state of the United States, when in the District of
Columbia, of the official character of the judge; or before a
commissioner appointed by the governor of this state according to law. 1
Rev. Stat. c. 37, s. 5.
74.
When out of the United States, the deeds must be acknowledged, or
proved, before the chief magistrate of some city, town, or corporation
of the countries where the said deeds were executed; or before some
ambassador, publio minister, consul, or commercial agent, with proper
certificate under their official seals; 1 Rev. Stat. c. 37 s. 6. and 7;
or before a commissioner in such foreign country, under a commission
from the county court where the land lieth. See. 8.
75.
When acknowledged by a feme covert, the certificate must state that she
was privily examined by the proper officer, that she acknowledged the
due execution of the deed, and declared that she executed the same
freely, voluntarily, and without the fear or compulsion of her hushand,
or any other person, and, that she then assented thereto. When she is
resident of another county, or so infirm that she cannot travel to the
judge, or county court, the deed may be acknowledged by the hushand, or
proved by witnesses, and a commission in a prescribed form may be issued
for taking the examination of the wife. 1 Rev. Stat. c. 37, s. 6, 8, 9,
10, 11, 13, and 14.
76.
Ohio. In the state, deeds and other instruments affecting lands must be
acknowledged before a judge of the supreme court, a judge of the court
of common pleas, a justice of the peace, notary public, mayor, or other
presiding officer of an incorporated town or city. Ohio Stat. vol. 29,
p. 346, Act of February 22, 1831, which went in force June 1, 1831
Swan's Coll. L. 266, s. 1.
77.
When made out of the state, whether in another state or territory, or
out of the U. S., they must be acknowledged, or proved, according to the
laws of the state, territory or country, where they are executed, or
according to the laws of the state of Ohio. Swan's Coll. L. 265, 8. 5.
78.
When made by a feme covert, the certificate must state that she was
examined by the officer, separate and apart from her hushand, and the
contents of the deed were fully made known to her; that she did declare
upon such separate examination, that she voluntarily sign, seal, and
acknowledge the same, and that she is still satisfied therewith.
79.
Pennsylvania. Before a judge of the supreme court, or of the courts of
common pleas, the district courts, or before any mayor or alderman, or
justice of the peace of the commonwealth, or before the recorder of the
city of PhLiladelphia.
80.
When made out of the state, and within the United States, the
acknowledgment may be before one of the judges of the supreme or
district courts of the United States, or before an one of the judges or
justices of the supreme or superior courts, or courts of common pleas of
any state or territory within the United States; and so certified under
the hand of the said judge, and the seal of the court. Conmmissioners
appointed by the governor, residing in either of the United States or of
the District of Columbia, are also authorized to take acknowledgment of
deeds.
81.
When made out of the United States, the acknowledgment may, be made
before any consul or vice-consul of the United States, duly appointed
for and exercising consular functions in the state, kingdom, country or
place where such an acknowledgment may be made, and certified under the
public or official seal of such consul or vice-consul of the United
States. Act of January 16, 1827. By the act May 27th, 1715, s. 4, deeds
made out of the province [state] may be proved by the oath or solemn
affirmation of one or more of the witnesses thereunto, before one or
more of the justices of the peace of this province [state], or before
any mayor or chief magistrate or officer of the cities, towns or places,
where such deed or conveyances are so proved. The proof must be
certified by the officer under the common or public seal of the cities,
towns, or places where such conveyances are so proved. But by
construction it is now established that a deed acknowledged before such
officer is valid, although the act declares it shall be proved. 1 Pet.
R. 433.
82.
The certificate of the acknowledgment of a feme covert must state, 1,
that she is of full age; 2, that the contents of the instrument have
been made known to her; 3, that she has been examined separate and apart
from her hushand; and, 4, that she executed the deed of her own free
will and accord, without any coercion or compulsion of her hushand. It
is the constant practice of making the certificate, under seal, though
if it be merely under the hand of the officer, it will be sufficient.
Act of Feb. 19, 1835.
83.
By the act of the 16th day of April, 1840, entitled. "An act
incorporating the Ebenezer Methodist Episcopal congregation for the
borough of Reading, and for other purposes," Pamph. Laws, 357, 361, it
is provided by 15, "That any and every grant, bargain and sale, release,
or other deed of conveyance or assurance of any lands, tenements, or
hereditaments in this commonwealth, heretofore bona fide made, executed
and delivered by hushand and wife within any other of the United States,
where the acknowledgmentof the execution thereof has been taken, and
certified by any officer or officers in any of the states where made and
executed, who, was, or were authorized by the laws of such state to
take and certify the acknowledgment of deeds of conveyance of lands
therein, shall be deemed and adjudged to be as good, valid and effectual
in law for transferring, passing and conveying the estate, right, title
and interest of such hushand and wife of, in, and to the lands;
tenements and hereditaments therein mentioned, and be in like manner
entitled to be recorded, as if the acknowledgment of the execution of
the same deed had been in the same and like way, manner and form taken
and certified by any judge, alderman, or justice of the peace, of and
within this commonwealth. 16. That no grant, bargain and sale,
feoffment, deed of conveyance, lease, release, assignment, or other
assurance of any lands, tenements and hereditaments whatsoever,
heretofore bona fide made and executed by hushand and wife, and
acknowledged by them before some judge, justice of the peace, alderman,
or other officer authorized by law, within this state, or an officer in
one of the United States, to take such acknowledgment, or which may be
so made, executed and acknowledged as aforesaid, before the first day of
January next, shall be deemed, held or adjudged, invalid or, defective,
or insufficient in law, or avoided or prejudiced, by reason of any
informality or omissiou in setting forth the particulars of the
acknowledgment made before such officer, as aforesaid, in the
certificate thereof, but all and every such grant, bargain and sale,
feoffment, deed of conveyance, lease, release, assigument or other
assurance so made, executed and acknowledged as aforesaid, shall be as
good, valid and effectual in law for transferring, passing and conveying
the estate, right, title and interest of such hushand and wife of, in,
and to the lands, tenements and hereditaments mentioned in the same, as
if all the requisites and particulars of such acknowledgment mentioned
in the act, entitle an act for the better confirmation of the estates of
persons holding or claiming under feme coverts, and for establishing a
mode by which hushand and wife may hereafter convey their estates,
passed the twenty-fourth day of February, one thousand seven hundred and
seventy, were particularly set forth in the certificate thereof, or
appeared upon the face of the same."
84.
By the act of the 3d day of April, 1840, Pamph. L. 233, it is enacted,
"That where any deed, conveyance, or other instrument of writing has
been or shall be made and executed, either within or out of this state,
and the acknowledgment or proof thereof, duly certified, by any officer
under seal, according to the existing laws of this commmonwealth, for
the purpose of being recorded therein, such certificate shall be deemed
prima facie evidence of such execution and acknowledgment, or proof,
without requiring proof of the said seal, as fully, to all intents and
purposes, and with the same effect only, as if the same had been so
acknowledged or proved before any judge, justice of the peace, or
alderman within this commonwealth."
85.
The act relating to executions and for other purposes, passed 16th
April, 1840, Pamph. L. 412, enacts, 7, " That the recorders of deeds
shall have authority to take the acknowledgment and proof of the
execution of any deed, mortgage, or other conveyance of any lands,
tenements, or hereditaments lying or being in the county, for which they
are respectively appointed as recorders of deeds, or within every city,
district, or part thereof, or for any contract, letter of attorney, or
any other writing, under seal, to be used or recorded within their
respective counties and such acknowledgment or proof, taken or made in
the manner directed by the laws of this state, and certified by the said
recorder, under his hand and seal of office; which certificate shall be
endorsed or annexed to said deed or instrument aforesaid, shall have
the same force and effect, and be as good and available in law, for all
purposes, as if the same had been made or taken before any judge of the
supreme court, or president or associate judge of any of the courts of
common pleas within this commonwealth."
86.
Rhode Island. Before any senator, judge, justice of the peace, or town
clerk. When the acknowledgment is made in another state or country, it
must be before a judge, justice, mayor or, notary public therein, and
certifiedunder his hand and seal.
87.
A wife releasing dower need not acknowledge the deed; but to a
conveyance an acknowledgment and private examination are necessary. 2
Hill. Ab. c. 34, s. 94.
88.
South Carolina. Before a judge of the supreme court. A feme covert may
release her dower or convey her own estate, by joining with her hushand
in a deed, and being privately examined, in the latter case, seven days
afterwards, before a judge of law or equity, or a justice of the quorum;
she may also release dower by a separate deed.
89.
The certificate of the officer is under seal and signed by the woman.
Deeds may be proved upon the oath of one witness before a magistrate,
and this is said to be the general practice.
90.
When the deed is to be executed out of the state, the justices of the
county where the land lies, or a judge of the court of common pleas, may
by dedimus empower two or more justices of the county where the grantor
resides, to tale his acknowledgment upon the oath of two witnesses to
the execution. 2 Hill. Ab. 448, 9; Griff. Reg. b. t.
91.Tennessee.
A deed or power of attorney to convey land must be acknowledged or
proved by two subscribing witnesses, in the court of the county, or the
court of the district where the land lies. The certificate of
acknowledgment must be endorsed upon the deed by the clerk of the court.
93.
The ackiaowledgment of a feme covert is made. before a court of record
in the state, or, if the parties live out of it, before a court of
record iu another state or territory; and if the wife is unable to
attend court, the acknowledgment may be before commissioners empowered
by the court of the county in which the hushand acknowledges the
commission to be returned certified with the court seal, and recorded.
94.
In all these cases the certificate must state that the wife has been
privately examined. The seal of the court is to be annexed when the deed
is to be used out of the state, when made in it, and vice. versa; in
which case there is to be a seal and a certificate of the presiding
judge or justice to the official station, of the clerk, and the due
formality of the attestation. By the statute of 1820, the acknowledgment
in other states may be conformable to the laws of the state, in which
the grantor resides.
95.
By the act of 1831, c, 90, s. 9, it is provided, that all deeds or
conveyances for land made without the limits of this state, shall be
proved as heretofore, or before a notary public under his seal of
office. Caruthers & Nicholson's Compilation of the Stat. of Tenn.
593.
96.
The officer must certify that he is acquainted with the grantor, and
that he is an inhabitant of the state. There must also be a certificate
of the governor or secretary under the great seal, or a judge of the
superior court that the acknowledgment is in due form.Griff. Reg. h. t. ;
2 Hill. Ab. 458.
97.
By an act passed during the session of 1839-1840, chap. 26, it is
enacted, 1. "That deeds of every description may be proved by two
subscribing witnesses, or acknowledged and recorded, and may then be
read in, evidence. 2. That deeds executed beyond the limits of the
United States may be proved or acknowledged before a notary public, or
before any consul, minister, or ambassador of the United States, or
before a commissioner of the state. 3. That the govornor may appoint
commissioners in other states and in foreign countries for the proof,
&c. of deeds. 4. Affidavits taken as above, as to pedigree or
heirship, may be received as evidence, by executors or administrators,
or in regard to the partition and distribution of property or estates."
See 2 Yerg. 91, 108, 238, 400, 520; 3 Yerg. 81; Cooke, 431.
98.
Vermont. 1. All deeds and other conveyances of lands, or any estate or
interest therein, shall be signed and sealed by the party granting the
same, and signed by two or more witnesses, and acknowledged by the
grantor, before a justice of the peace. Rev. Stat. tit. 14, c. 6, s. 4.
99.
Every deed by the hushand and wife shall contain an acknowledgment by
the wife, made apart from her hushand, before a judge of the supreme
court, a judge of the county court, or some justice of the peace, that
she executed such conveyance freely, and without any fear or compulsion
of her hushand; a certificate of which acknowledgment, so taken, shall
be endorsed on the deed by the, authority taking the same. Id. s. 7.
100.
– 2. All deeds and other conveyances, and powers of attorney for the
conveyance of lands, the acknowledgment or proof of which shall have
been, or hereafter shall be taken without this state, if certified
agreeably to the laws of the state, province, or kingdom in which it was
taken, shall be as valid as though the same were taken before some
proper officer or court, within this state; and the proof of the same
may be taken, and the same acknowledged with like effect, before any
justice of the peace, magistrate, or notary public, within the United
States, or in any foreign country, or before any commissioner appointed
for that purpose by the governor of this state, or before any
minister,cbarge d'affaires, or consul of the United States in any
foreign countryand the acknowledgment of a deed a feme in the form
required by covert, by this chapter may be taken by either of the said
persons Id. 9.
101.
Virginia. Before the general court, or the court of the district,
county, city, or corporation where some part of the land lies; when the
party lives out of the state or of the district or county where the land
lies, the acknowledgment may be before any court of law, or the chief
magistrate of any city, town, or corporation of the country where the
party resides, and certified by him in the usual form.
102.
When a married woman executes the deed, she appears in court and is
examined privately by one of the judges, as to her freely signing the
instrument, and continuing satisfied with it, the deed being shown and
explained to her. She acknowledges the deed before the court, or else
before two justices of the county where she dwells, or the magistrate of
a corporate town, if she lives within the United States; these officers
being empowered by a commission from the clerk of the court where the
deed, is to be recorded, to examine her and to take her acknowledgment.
If she is out of the United States, the commission authorizes two judges
or justices of any court of law, or the, chief magistrate of any city,
town, or corporation, in her county, and is executed as by two justices
in the United States.
103.
The certificate is to be authenticated in the usual form. 2 Hill. Ab.
444, 5; Griff. Reg. h. t.; 2 Leigh's R, 186; 2 Call. R. 103 ; 1 Wash. R.
319.
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