ACCOUCHEMENT § 1357; 3 Johns. Cas. 243. But see 3 Bingh. N. C. 715; 16 Barb. 598; 5 R. I. 219.· It must be by the debtor or his agent; 3 Wend. 66; 2 Ala. 84; and if made by a stranger, will not avail the debtor in an action at law; Stra. 592; 3 T. B. Monr. 302; 6 Johns. 37. See 6 Ohio St. 71. His remedy in such a case is in equity; Cro. Eliz. 541; 3 Taunt. 117; 5 East, 294. Accord with satisfaction, when completed, has two effects: it is a payment of the debt; and it is a species of sale of the thing given by the debtor to the creditor, in satisfaction; but it differs from it in this, that it is not valid until the delivery of the article, and there is no warranty of the thing thus sold, except perhaps the title; for in regard to this it cannot be doubted, that if the debtor gave on an accord and satisfaction the goods of another, there would be no satisfaction. But the intention of the parties is of the utmost consequence; 30 Vt. 424; as the debtor will be required only to execute the new contract to that point whence it was to operate a satisfaction of the pre-existing liability. See, generally, 2 Greenl. Ev. § 28 et seq.; 2 Parsons, Contr. 193 et seq.; 2 Story, Contr. § 1354 et seq.; Comyns, Dig. Accord; 1 Bouvier, Inst. n. 805; 3 id. n. 2478-2481; notes to Cumber v. Wane, 1 Sm. Lead. Cas. In America accord and satisfaction may be given in evidence under the general issue, in assumpsit, but it must be pleaded specially in debt, covenant, and trespass; Greenl. Ev. § 29. In England it must be pleaded specially in all cases; Rosc. N. P. 569. PAYMENT. ACCOUCHEMENT. The act of giving birth to a child. It is frequently important to prove the filiation of an individual: this may be done in several ways. The fact of the accouchement may be proved by the direct testimony of one who was present, as a physician, a midwife, or other person; 1 Bouvier, Inst. n. 314. ACCOUNT. A detailed statement of the mutual demands in the nature of debt and credit between parties, arising out of contracts or some fiduciary relation; 1 Metc. Mass. 216; 1 Hempst. 114; 32 Penn. 202. A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. An open account is one in which some term of the contract is not settled by the parties, whether the account consists of one item or many; 1 Ala. N. s. 62; 6 id. 438. A form of action, called also account render, in which such a statement, and the recovery of the balance which thereby appears to be due, is sought by the party bringing it. In Practice. In Equity. Jurisdiction concurrent with courts of law is taken over matters of account; 9 Johns. 470; 2 A. K. Marsh. 338; 1 J. J. Marsh. 82; 2 Caines, Cas. 1; 1 Paige, Ch. 41; 1 Yerg. 360; 1 Ga. 376, on three grounds: mutual accounts, 18 Beav. 575; dealings so complicated that they cannot be adjusted in a court of law; 1 Sch. & L. 305; 2 id. 400; 2 Hou. L. Cas. 28; Leigh, 6; 1 Metc. Mass. 216; 15 Ala. N. s. 34; 17 Ga. 558; the existence of a fiduciary relation between the parties; 1 Sim. Ch. N. s. 573; 4 Gray, 227; 1 Story, Eq. Jur. 8th ed. § 459, a. In addition to these peculiar grounds of jurisdiction, equity will grant a discovery in cases of account on the general principles regulating discoveries; 8 Ala. N. s. 743; 4 Sandf. 112; 35 N. H. 339, and will afterwards proceed to grant full relief in many cases; 1 Madd. 86; 6 Ves. 136; 9 id. 437; 10 Johns. 587; 17 id. 384; 5 Pet. 495. Equitable jurisdiction over accounts applies to the appropriation of payments; 1 Story, Eq. Jur. 8th ed. §§ 459-461; agency; 2 McCord, Ch. 469; including factors, bailiffs, consignees, receivers, and stewards, where there are mutual or complicated accounts; 1 Jac. & W. 135; 13 Ves. 53; 9 Beav. 284; 17 Ala. N. s. 667; trustees' accounts; 1 Story, Eq. Jur. § 465; 2 Mylne & K. 664; 9 Beav. 284; 1 Stockt. 218; 4 Gray, 227; administrators and executors; 22 Vt. 50; 14 Mo. 116; 3 Jones, Eq. 316; 32 Ala. N. s. 314; see 23 Miss. 361; guardians, etc.; 31 Penn. St. 318; 9 Rich. Eq. 311; 33 Miss. 553; tenants in common, joint tenants of real estate or chattels; 4 Ves. 752; 1 Ves. & B. 114; partners; 1 Hen. & M. 9; 3 Gratt. 364; 3 Cush. 331; 23 Vt. 576; 4 Sneed, 238; 1 Johns. Ch. 305; directors of companies, and similar officers; 1 Younge & C. 326; apportionment of apprentice fees; 2 Brown, Ch. 78; 1 Atk. 2 P. Will. 176, 501; see 1 Story, Eq. Jur. 149; 13 Jur. 596; or rents; 2 Ves. & B. 331; 480; contribution to relieve real estate; 3 Coke, 12; 3 Bligh, 590; 2 Bos. & P. 270; 1 Johns. Ch. 409, 425; 7 Mass. 355; 1 Story, Shipp. pl. 3, c. 8, § 17; 18 Ves. 190; 4 Kay Eq. Jur. § 487; general average; 2 Abbott, & J. 367; 2 Curt. C. C. 59; between sureties; 1 Story, Eq. Jur. §§ 492-504; liens; Sugden, Vend. 7th ed. 541; 8 Paige, Ch. 182, 277; rents and profits between landlord and tenant; 1 Sch. & L. 305; 7 East, 353; 4 Johns. Ch. 287; in case of torts; Bacon, Abr. Accompt, B; a levy; 2 Atk. 362; 1 Ves. Sen. 250; 1 Eq. Cas. Abr. 285; and in other cases; 3 Gratt. 330; waste; 1 P. Will. 407; 6 Ves. 88; 1 Brown, Ch. 194; 6 Jur. N. S. 809; 4 Johns. Ch. 169; tithes and moduses, Comyns, Dig. Chauncery (3 C.), Distress (M. 13). Equity follows the analogy of the law, in refusing to interfere with stated accounts; 2 Sch. & L. 629; 3 Brown, Ch. 639, n.; 19 Ves. 180; 13 Johns. Ch. 578; 6 id. 360; 3 McLean C. C. 83; 4 Mas. C. C. 143; 3 Pet. 44; 6 id. 61; 9 id. 405. See AccOUNT STATED. At Law. The action lay against bailiffs, receivers, and guardians, in socage only, at the common law, and, by a subsequent extension of the law, between merchants; 11 Coke, 89; 12 Mass. 149. Privity of contract was required, and it did ACCOUNT BOOK not lie by or against executors and administrators; I Wms. Saund. 216, n.; Willes, 208, until statutes were passed for that purpose, the last being that of 3 & 4 Anne, c. 16; 1 Story, Eq. Jur. 8 445. transactions of his trade or business. Such books, when regularly kept, may be admitted in evidence; Greenl. Ev. §§ 115-118. ACCOUNT CURRENT. An open or In several states of the United States, the running account between two parties. action has received a liberal extension; 4 Watts & S. 550; 13 Vt. 517; 28 id. 338; 7 Penn. St. 175; 25 Conn. 137; 5 R. I. 402. Thus, it is said to be the proper remedy for one partner against another; 1 Dall. 340; 3 Binn. 317; 10 S. & R. 220; 15 id. 153; 2 Conn. 425; 4 Vt. 137; 3 Barb. 419; 1 Cal. 448; for money used by one partner after the dissolution of the firm; 18 Pick. 299; though equity seems to be properly resorted to where a separate tribunal exists; 1 Hen. & M. 9; 1 Johns. Ch. 305. And see 1 Metc. Mass. 216; 1 Iowa, 240. ACCOUNT IN BANK. See BANK ACCOUNT. ACCOUNT STATED. An agreed balance of accounts. An account which has been examined and accepted by the parties. 2 Atk. 251. In other states, reference may be made to an auditor by order of the court, in the common forms of actions founded on contract or tort, where there are complicated accounts or counter-demands; 12 Mass. 525; 6 Pick. 193; 8 Conn. 499; 13 N. H. 275; 1 Tex. See AUDITOR. In the action of account, an interlocutory judgment of quod computet is first obtained; 2 Greenl. Ev. §§ 36, 39; 11 Ired. 391; 12 Ill. 111, on which no damages are awarded except ratione interplacitationis. Cro. Eliz. 83; 5 Binn. 564. 646. The account is then referred to an auditor, who now generally has authority to examine parties, 4 Fost. 198 (though such was not the case formerly), before whom issue of law and fact may be taken in regard to each item, which he must report to the court; 2 Ves. 388; Yelv. 202; 5 Binn. 433; 5 Vt. 543; 26 N. H. 139. A final judgment quod recuperet is entered for the amount found by him to be due; and the auditor's account will not be set aside except upon a very manifest case of error; 5 Penn. St. 413; 1 La. Ann. 380. See AU DITORS. If the defendant is found in surplusage, that is, is creditor of the plaintiff on balancing the accounts, he cannot in this action recover judgment for the balance so due. He may bring an action of debt, or, by some authorities, a sci. fac., against the plaintiff, whereon he may have judgment and execution against the plaintiff. See Palm. 512; 2 Bulst. 277-8; 1 Leon. 219; 3 Kebl. 362; 1 Rolle, Abr. 599, pl. 11; Brooke, Abr. Accord, 62; 1 Rolle, 87. As the defendant could wage his law, 2 Wms. Saund. 65 a; Cro. Eliz. 479; and as the discovery, which is the main object sought, 5 Taunt. 431, can be more readily obtained and questions in dispute more readily settled in equity, resort is generally had to that jurisdiction in those states where a separate tribunal exists, or under statutes to the courts of law; 18 Vt. 345; 13 N. H. 275; 8 Conn. 499; 1 Metc. Mass. 216. ACCOUNT BOOK. A book kept by a merchant, trader, mechanic, or other person, in which are entered from time to time the In Equity. Acceptance may be inferred from circumstances, as where an account is rendered to a merchant, and no objection is made, after sufficient time; 2 Vern. 276; 1 Sim. & S. 333; 3 Johns. Ch. 569; 7 Cranch, 147; 1 M'Cord, Ch. 156; 2 Md. Ch. Dec. 433; 10 Barb. 213. Such an account is deemed conclusive between the parties; 2 Brown, Ch. 62, 310; 2 Ves. 566, 837; 1 Swanst. 460; 6 Madd. 146; 20 Ala. N. s. 747; 3 Johns. Ch. 587; 1 Gill, 350; 3 Jones, Eq. 109; to the extent agreed upon; 1 Hopk. Ch. 239; unless some fraud, mistake, or plain error is shown; 1 Parsons, Contr. 174; 1 Johns. Ch. 550; 1 M'Cord, Ch. 156; and in such case, generally, the account will not be opened, but liberty to surcharge or falsify will be given; 2 Atk. 119; 9 Ves. 265; 1 Sch. & L. 192; 7 Gill, 119; 1 Md. Ch. Dec. 306. At Law. An account stated is conclusive as to the liability of the parties, with reference to the transactions included in it; 3 Jones; except in cases of fraud or manifest error; 1 Esp. 159; 24 Conn. 591; 4 Wis. 219; 5 Fla. 478. See 4 Sandf. 311. Acceptance by the party to be charged must be shown by the one who relies upon the account; 10 Humphr. 238; 12 Ill. 111. The acknowledgment that the sum is due is sufficient; 2 Mod. 44; 2 Term, 480, though there be but a single item in the account; 13 East, 249; 5 Maule & S. 65; 1 Show. 215. Acceptance may also be inferred from retaining the account a sufficient time without making objection; 7 Cranch, 147; 3 Watts & S. 109; 10 Barb. 213; 4 Sandf. 311; see 22 Penn. St. 454; and from other circumstances; 1 Gill, 234. A definite ascertained sum must be stated to be due; 9 S. & R. 241. It must be made by a competent person, excluding infants and those who are of unsound mind; 1 Term, 40. Husband and wife may join and state an account with a third person; 2 Term, 483; 16 Eng. L. & Eq. 290. An agent may bind his principal; 3 Johns. Ch. 569. Partners may state accounts; and an action lies for the party entitled to the balance; 4 Dall. 434; 1 Wash. C. C. 435; 16 Vt. 169. The acceptance of the account is an acknowledgment of a debt due for the balance, and will support assumpsit. It is not, therefore, necessary to prove the items, but only to ACCOUNTANT prove an existing debt or demand, and the stating of the account; 16 Ala. N. s. 742. ACCOUNTANT. One who is versed in accounts. A person or officer appointed to keep the accounts of a public company. He who renders to another or to a court a just and detailed statement of the property which he holds as trustee, executor, administrator, or guardian. See 16 Viner, Abr. 155. ACCOUNTANT GENERAL. An officer of the English Court of Chancery, by whom the moneys paid into court are received, deposited in bank, and disbursed. The office appears to have been established by an order of May 26, 1725, and 12 Geo. I. c. 32, before which time the effects of the suitors were locked up in the vaults of the Bank of England, under the care of the masters and two of the six clerks; 1 Smith, Ch. Pr. 22. ACCOUPLE. To unite; to marry. ACCREDIT. In International Law. To acknowledge. Used of the act by which a diplomatic agent is acknowledged by the government near which he is sent. This at once makes his public character known, and becomes his protection. It is used also of the act by which his sovereign commissions him. ACCRESCERE (Lat.). To grow to; to be united with; to increase. The term is used in speaking of islands which are formed in rivers by deposit. Calvinus, Lex. ; 3 Kent, 428. In Scotch Law. To pass to any one. Bell, Dict. It is used in a related sense in the common law phrase jus accrescendi, the right of survivorship; 1 Washb. R. P. 426. In Pleading. To commence; to arise; to accrue. Quod actio non accrevit infra sex annos, that the action did not accrue within six years; 3 Chitty, Pl. 914. In French Law. To delay. Whishaw. ACCRUE. To grow to; to be added to, as the interest accrues on the principal. Accruing costs are those which become due and are created after judgment; as the costs of an execution. To arise, to happen, to come to pass; as the statute of limitation does not commence running until the cause of action has accrued; 1 Bouvier, Inst. n. 861; 2 Rawle, 277; 10 Watts, 363; Bacon, Abr. Limitation of Actions (D, 3). A ACCUMULATIVE JUDGMENT. second or additional judgment given against effect of which is to commence after the first one who has been convicted, the execution or has expired. Thus, where a man is sentenced to an imprisonment for six months on conviction of larceny, and afterwards he is convicted of burglary, he may be sentenced to undergo an imprisonment for the latter crime, to commence after the expiration of the first imprisonment: this is called an accumulative judgment. And if the former sentence is shortened by a pardon, or by reversal on a writ of error, it expires, and the subsequent sentence takes effect, as if the former had expired by lapse of time; 11 Metc. 581. Where an indict. ment for misdemeanor contained four counts, the third of which was held on error to be bad in substance, and the defendant, being convicted on the whole indictment, was sentenced to four successive terms of imprisonment of equal duration, one on each count, it was held that the sentence on the fourth count was not invalidated by the insufficiency of the third count, and that the imprisonment on it was to be computed from the end of the imprisonment on the second count; 15 Q. B. 594. Upon an indictment for misdemeanor containing two counts for distinct offences, the defendant may be sentenced to imprisonment or penal servithough the aggregate of the punishments may tude for consecutive terms of punishment, alexceed the punishment allowed by law for one offence. Upon an indictment for perjury charging offences committed in different suits, the defendant, ACCRETION (Lat. accrescere, to grow upon conviction, may be sentenced to distinct to). The increase of real estate by the addi-punishments, although the suits were instituted tion of portions of soil, by gradual deposition through the operation of natural causes, to that already in possession of the owner; 2 Washb. R. P. 451. The term alluvion is applied to the deposit itself, while accretion rather denotes the act. with a common object; 5 Q. B. Div. 490. Where upon trial of an indictment-containing several counts-charging separate and distinct misdemeanors, identical in character, a general verdict of guilty is rendered, or a verdict of guilty upon two or more specified counts, the court has no power to impose a sentence or cumu、 If an island in a non-navigable stream re-lative sentences exceeding in the aggregate what is prescribed by statute as the maximum punishsults from accretion, it belongs to the owner ment for one offence of the character charged. of the bank on the same side of the filum 15 Sickels, 559. aqua; 2 Washb. R. P. 452. Consult 2 Washb. R. P. 451-453; 2 Bla. Com. 261, n.; 3 Kent, 428; Hargrave, Law Tracts, 5; Hale, de Jur. Mar. 14; 3 Barn. & C. 91, 107; 6 Cow. 537; 4 Pick. 268; 17 id. 41; 17 Vt. 387. ACCROACH. To attempt to exercise royal power. 4 Bla. Com. 76. A knight who forcibly assaulted and detained one of the king's subjects till he paid him a sum of money was held to have committed treason on the ground of accroachment; 1 Hale, Pl. Cr. 80. ACCUSATION. In Criminal Law. A charge made to a competent officer against one who has committed a crime or misdemeanor, so that he may be brought to justice and pun ishment. sidered a misdemeanor, or misprision (which A neglect to accuse may in some cases be consee); 1 Brown, Civ. Law, 247; 2 id. 389; Inst. lib. 4, tit. 18. It is a rule that no man is bound to accuse himself or testify against himself in a criminal case; 7 Q. B. 126. A man is competent, though not compellable, to prove his own crime; 14 ACCUSED Mees. & W. 256. See EVIDENCE; INTEREST; ACCUSED. One who is charged with a crime or misdemeanor. ACCUSER. One who makes an accusa tion. ACHAT. In French Law. A purchase. It is used in some of our law-books, as well as achetor, a purchaser, which in some ancient statutes means purveyor. Stat. 36 Edw. III.; Merlin, Répert. ACHERSET. An ancient English measure of grain, supposed to be the same with our quarter, or eight bushels. ACKNOWLEDGMENT. The act of one who has executed a deed, in going before some competent officer or court and declaring it to be his act or deed. The acknowledgment is certified by the officer or court; and the term acknowledgment is some times used to designate the certificate. The certificate will prevail over the unsupported denial of the grantor; 65 Ill. 505. Identification of grantor. An introduction by a common friend is sufficient to justify officer in making certificate; 8 Wall. 513. Contra; 48 Barb. 568; 4 Col. 211. liable only for clear negligence. It is a legal A notary imposed upon by a personation is presumption that he acted on reasonable information, and his absence of memory as to details of what occurred does not destroy that presumption; 10 W. N. C. Pa. 392. The certificate is not invalidated by want of recollection of the officer; 30 N. J. Eq. 394. Correction. Where a notary fails to set forth the necessary facts, he may correct his certificate, and may be compelled by mandamus, but equity has no jurisdiction to correct it; 51 Mo. 150. Contra; 6 N. Y. 422. The following is a statement of the substance of the laws of the several states and territories that every certificate not conforming to the text is void, an acknowledgment which does may be deemed sufficient. In addition to the statutes cited, there are in many states various acts cur The function of an acknowledgment is two-on this subject. Though it is not to be inferred fold: to authorize the deed to be given in evidence without further proof of its execution, and to entitle it to be recorded. The same purposes may be accomplished by a subscribing witness going before the officer or court and making oathing irregularities in acknowledgments and certito the fact of the execution, which is certified in the same manner; but in some states this is only permitted in case of the death, absence, or refusal of the grantor. In some of the states a deed is void except as between the parties and their privies, unless acknowledged or proved. Nature of. In most states the act is held to be a judicial one, while in some it is held to be a ministerial act. Who may take. An officer related to the parties; 6 N. Y. 422. The presumption is that the officer took it within his jurisdiction; 16 La. Ann. 100; 19 Me. 274; 60 Mo. 33. A notary cannot take acknowledgment in another county than the one within which he was appointed and resides; 33 How. Pr. 312; nor the attorney of record; 4 How. Pr. 153; 11 N. B. R. 289. One cannot take an acknowledgment of a deed in which he has any interest; 20 Me. 413; 13 Mich.. 329; 2 Sandf. 630; 54 Miss. 351; 38 Tex. 645. Contra; 14 Bank. Reg. 513. Sufficiency of. Certificate need only substantially comply with the statute. The fact of acknowledgment and the identity of the parties are the essential parts, and must be stated; 8 Cal. 461; 21 Miss. 373; 13 Miss. 470; 9 Mo. 514. Important words omitted cannot be supplied by intendment; 20 Ark. 190; 11 Conn. 129; 17 Iowa, 528; 5 Biss. ficates. References are made to the original statutes in the various states where there has been no change in the law by later revisions. Vide Hubbell's Leg. Direc.; Snyder's Manual. ALABAMA. Acknowledgments and proof may be taken, within the state, before judges of the supreme and circuit courts and their clerks, chancellors, registers in chancery, judges of the courts of probate, justices of the peace, and noThe provisions of the code retaries public. specting the jurisdiction of justices of the peace define it as extending to take acknowledgments within their respective counties, but do not au thorize them to do so without such counties. With Without the state and within the United States, day of Given under my hand this An examination of the wife separate and apart I, , judge (chancellor, notary public, or Justice of the peace, as the case may be), hereby certify, that on the day of came before me the within named 18 known or made known to me to be the within named who, being by me examined separate and apart from her husband, touching her signature to the within acknowledged that she signed the same of her own free will and accord, and without fear, constraint, or threats on the part of her husband. § 2822. In witness whereof, I hereunto set my hand this day of 18. Code of Ala. There is no special law regulating the execution of deeds, etc., by corporations. This depends altogether on the act of incorporation. Deeds may be proved by a subscribing witness. Rev. Code, § 1549; Code of Ala. § 2159. ARIZONA. Within the territory; before a judge or clerk of a court having a seal, notary public, or justice of the peace of the proper county. Without the territory, and within the United States or their territories; before a judge or clerk of any court of the United States or of any state or territory having a seal, or by any commissioner appointed by the governor of this territory for that purpose. Without the United States; before a judge or clerk of any court of any state, kingdom, or empire, having a seal, or by any notary public therein, or by any minister, commissiouer, or consul of the United States appointed to reside there. day of The certificate must be in substantially the following form :-On this A. D., 18, before me (title of officer) personally appeared personally known to me to be the described in and who executed the foregoing instrument, who acknowledged to me that executed the same freely and voluntarily, and for the uses and purposes therein mentioned. The certificate for acknowledgment of a married woman must be in the following form:-On this day of A. D. 18 before me (title of officer) personally appeared Mrs. personally known to me to be the described in and who executed the annexed foregoing instrument, and upon examination apart from and without the hearing of her husband I made her acquainted with the contents of said instrument, and thereupon she acknowledged to me that she executed the same freely and voluntarily, and without fear or compulsion or undue influence of her husband, and that she does not wish to retract the execution of the same. man, she must, in the absence of her husband, declare 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 husband. Rev. Stat. c. 21; same statute, Gould, Dig. (1858) 267, §§ 18, 21. In cases of acknowledgment or proof taken within the United States, when taken before a court or officer having a seal of office, such deed or conveyance must be attested under such seal of office; and if such officer have no seal of office, then under his official signature. Rev. Stat. 190; Gould, Dig. 267, § 14. In all cases, acknowledgments or proof taken without the United States must be attested under the official seal of the court or officer. Id. § 15. 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 husband, shall grant a certificate thereof, and cause such certificate to be endorsed on the instrument, 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. Id. § 16. Notaries public may also take acknowledgments of instruments relating to commerce and navigation. Rev. Stat. 104, § 4. CALIFORNIA. Within the state; by some judge or clerk of a court having a seal, or some notary public or justice of the peace of the proper county. Without the state, and within the United States; by some judge or clerk of any court of the United States, or of any state or territory having a seal, a notary public, or by a California commissioner; also, by any other officer of the state or territory where the acknowledgment is made, authorized by its laws to take such proof or acknowledgment. C. C. § 1182. Without the United States; by some judge or clerk of any court of any state, kingdom, or empire having a seal, or by any notary public therein, or by any minister, commissioner, or consul of the United States appointed to reside therein. C. C. § 1183. A conveyance by a married woman has no validity until acknowledged. C. C. § 1186. The officer's certificate, which must be endorsed or annexed, must be, when granted by a judge or clerk, under the hand of such judge or clerk, and the seal of the court; when granted by an officer who has a seal of office, under his hand and official seal. Cal. Laws, 1850-53, 513, § 5. ARKANSAS. Within the state; before the supreme court, the circuit court, or either of the judges thereof, or the clerk of either of these courts, or before the county court, or the presid- The certificate must show, in addition to the ing judge thereof, or before any justice of the fact of the acknowledgment, that the person peace within the state, or notary public. With-making such acknowledgment was personally out the 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. 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. An acknowledgment is to be made by the grantor's appearing in person before the court or officer, and stating that he executed the same for the consideration and purposes therein mentioned and set forth. If the grantor is a married wo known to the officer taking the same, to be the |