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ACKNOWLEDGMENT

the uses and purposes therein mentioned. C. C. § 1191.

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The certificate for the acknowledgment by a married woman must be in the following form: day of , in the year before me personally appeared known to me to be the person whose name is subscribed to the within instrument, described as a married woman; and upon an examination, without the hearing of her husband, I made her acquainted with the contents of the instrument, and thereupon she acknowledged to me that she executed the same, and that she does not wish to retract such execution. Civil Code, § 1191.

The proof may be by a subscribing witness, or, 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. Cal. Laws, 1850-53, 514, § 10.

The certificate of such proof must set forth, that such subscribing witness was personally known to the officer to be the person whose name is subscribed to such conveyance as a witness thereto, or was proved to be such by oath of a witness (naming him); and must also set forth the proof given by such witness of the execution of such conveyance, and of the fact that the person whose name is subscribed in 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. Cal. Laws, 1850-53, 515, § 13.

No proof by evidence of the handwriting of the party and of a subscribing witness shall be taken, unless the officer taking the same shall be satisfied that all the subscribing witnesses to such conveyance are dead, or cannot be had to prove the execution thereof. Cal. Laws, 1850-53, 515, § 14. A deed affecting the married woman's separate property must be acknowledged by her upon an examination separate and apart from her husband, before any judge of a court of record or notary public; or, if executed out of the state, then before a judge of a court of record, or a California commissioner, or before any minister, secretary of legation, or consul of the United States, appointed for and residing in the country in which the deed is acknowledged. Laws of 1858, 22, c. 25.

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ments, and that his signature and seal are genuine; or before any commissioner of deeds appointed under the laws of this state. Without the United States; before any court of record having a seal, the judge or justice of such court certifying the acknowledgment to have been made before such court; before the mayor or other chief officer of any city or town having a seal; or before any consul of the United States, under the seal of his consulate.

The acknowledgment of a married woman need not be made separate and apart from her husband, but her covenants operate only as a quitclaim.

CONNECTICUT.-All grants and deeds of bargain and sale, and mortgages, must be acknowledged, whether within or without the state, by the grantors to be their free act and deed before a justice of the peace, or a notary public, or a town clerk, or before a judge of the supreme or district court of the United States, or of the supreme or superior court, or court of common pleas, or county court of any individual state; before any officer having power by law to take acknowledgments; or before a Connecticut commissioner; or, within this state, before the commissioners of the school fund and commissioners of the superior court. When deeds are executed by an attorney, his acknowledgment is sufficient, when the power of attorney is acknowledged by the grantor of the power. All such instruments executed by any grantors residing in a foreign state or country, without the United States, may be acknowledged likewise before any United States consul resident in such country, or any notary public or justice of the peace of such country, or before a Connecticut commissioner. A certificate of the county clerk should be annexed to an acknowledgment by a justice of the peace or notary public. A separate examination of wife is not necessary.

must set forth that upon an examination without the hearing of her husband, having been made acquainted with the contents of the instrument by the officer taking the same, she did acknowledge that she executed the same freely, and did not wish to retract such execution.

DAKOTA.-Conveyances may be made between husband and wife; all rights of dower or curtesy are abolished. The wife need not join in a conveyance of land belonging to husband, nor need the husband join in a conveyance of land belonging to wife; except of homesteads, when, if both husband and wife reside in the territory, both must be parties to conveyance. A conveyance by a married woman has no validity until acknowlCOLORADO. Within the state; before any jus-edged, and the certificate of acknowledgment tice of the supreme, district, or county courts, or any clerk of either of said courts, or the deputy of any such clerk, such county judge and such clerk certifying the same under the seal of such court, respectively, before the county clerk of any county or his deputy, he or his deputy certifying the same under the seal of his county, before any notary public, or before any justice of the peace within his county; provided, that if the land do not lie in the county of such justice, then there must be affixed the certificate of the county clerk of such county, under his hand and the seal of such county, to the official capacity of such justice of the peace, and to the genuineness of his signature. Without the state, and within the United States or their territories; before the secretary of any such state or territory, certified by him under the seal of such state or territory, before the clerk of any court of record, and before any officer authorized by the laws of such foreign state or territory to take and certify such acknowledgments, provided there shall be affixed a certificate by the clerk of some court of record of the county, city, or district wherein such officer resides, under the seal of such court, that the person certifying such acknowledgment is the officer he assumes to be, that he is authorized to take acknowledg

Acknowledgments may be made, within the territory, before a justice, clerk of the supreme court, or notary public; or, within their respective districts, before a judge or clerk of a court of record, a mayor, register of deeds, or justice of the peace. Without the territory, but within the United States; before a justice, judge, or clerk of any court of record, a notary public, or any officer authorized to take acknowledgments by the laws of such state or territory, or by a Dakota commissioner. Without the United States; before a minister, commissioner, a chargé d'affaires, a consul, or consular agent of the United States, a judge of a court of record, or a notary public.

No certificate of the official character of the officer is needed. Rev.Code, pp. 339–341, § § 665–670.

DELAWARE.-A deed may be acknowledged by any party to it, or by his attorney, the power of attorney being first proved; or it may be proved by a subscribing witness. If acknowledged by

ACKNOWLEDGMENT

a party, it may be in the superior court or before the chancellor, or any judge or notary public, or before two justices of the peace for the same county. A deed may be acknowledged in the superior court by attorney, by virtue of a power either contained in the deed or separate from it, or may be proved in that court by a subscribing witness.

A married woman who executes a deed to which her husband is a party must acknowledge, upon a private examination apart from her husband, that she executed it willingly, without compulsion or threats, or fear of her husband's displeasure. Her examination may be taken in any county before the officers above mentioned.

The certificate of any acknowledgment or proof must be authenticated under the hand and seal of the clerk or prothonotary of the court in which, or under the hand of the chancellor or other officer before whom, the same is taken, and must be endorsed on or annexed to the deed.

An acknowledgment or proof, or the private examination of a married woman, may be taken, out of the state, before any consul-general, consul, or commercial agent of the United States, duly appointed in any foreign country at the places of their respective official residence, or before a judge of any district or circuit court of the United States, or the chancellor, or any judge of a court of record of any state, territory, or country, or the chief officer of any city or borough; or, within the United States, by a Delaware commissioner. It must then be certified under the hand of such officer and his official seal; or the acknowledgment or proof may be taken in any court above mentioned, and certified under the hand of the clerk or other officer, and the seal of the court. In case of a certificate by a judge, the seal of his court may be affixed to his certificate, or to a certificate of attestation of the clerk or keeper of the seal. Rev. Code (1874), 501-3.

A deed of a corporation may be acknowledged before the chancellor or any judge of the state, or a judge of the district or circuit court of the United States, or a notary public, or two justices of the peace of the same county, by the presiding officer or legally constituted attorney of the corporation. Id.

Acknowledgments need not be taken within the county where the lands lie. Id.

The form of the certificate is prescribed by chapter 36, § 8; and see chapter 83, p. 502, § 9.

DISTRICT OF COLUMBIA.-Follow the form prescribed by the laws of Maryland.

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a commissioner of this state. A certificate of the character of an officer not having a seal must be certified by a court of record or by a secretary of state, minister plenipotentiary, minister extraordinary, minister resident, chargé d'affaires, or commissioner. Id. § 3.

The certificate of acknowledgment of a married woman must state that she acknowledged, on a separate examination apart from her husband, that she executed such deed, etc., freely and without any constraint, appréhension, or fear of her husband.

In any acknowledgment taken out of the state, the certificate must set forth that the officer knew or had satisfactory proof that the party making the acknowledgment was the individual described in, and who executed, the instrument.

GEORGIA.-Deeds are to be executed in the presence of two witnesses. They are to be acknowledged or proved, when within the state; before a justice of the peace, or the chief justice, or an assistant justice, or a notary public. It is not necessary for the officer to affix his seal.

Without the state, and within the United States; before a Georgia commissioner; or they may be proved before the governor, chief justice, or other justice of either of the United States, or a mayor, and certified under the common or public seal of the state, city, court, or place. The affidavit of the witness must express the addition of the witness and the place of his abode.

Consuls and vice-consuls may take the acknowledgments of citizens of the United States, or of other persons, being or residing within the districts of their consulates.

A married woman should acknowledge, on a private examination before the chief justice, or any justice of the peace, that she did, of her own free will and accord, subscribe, seal, and deliver the deed, with an intention thereby to renounce, give up, and forever quit-claim her right of dower and thirds of, in, and to the lands, etc., therein mentioned.

IDAHO. Within the territory; before some judge or clerk of a court of record, a notary public, or justice of the peace. Without the territory, but within the United States; before some judge or clerk of any court of record, or before a commissioner for Idaho. Without the United States; before some judge or clerk of any court having a seal, or by any notary public, or minister, commissioner, or consul of the United States.

A married woman must be examined apart from and without the hearing of her husband, and must acknowledge that the act is free and voluntary, and without fear or compulsion, or under the inFLORIDA. Within the state; before the record-fluence of her husband, and that she does not ing officer, or a judicial officer of the state, be- wish to retract the execution of the same. Laws, fore any judge, clerk of the circuit court, notary 1863-64, 528 et seq. public, or justice of the peace. Acts 1873, p. 18. Without the state, and within the United States; before a Florida commissioner, or, in cities and counties where there is no commissioner appointed or acting there, before the chief justice, judge, presiding justice, or president of any court of record of the United States, or of any state or territory thereof, having a seal and a clerk or prothonotary; but the acknowledgment must be taken within the jurisdiction of such court. The certificate must state the place, and that the court is a court of record; and it must be accompanied by the clerk's certificate under seal to the appointment of the judge.

Without the United States; before any notary public, minister plenipotentiary, minister extraordinary, minister resident, chargé d'affaires, commissioner or consul of the United States, or

ILLINOIS. Within the state; before any judge, justice, or clerk of any court of record in the state having a seal, any mayor of a city, notary public, or commissioner of deeds having a seal, or any justice of the peace. Without the state, and within the United States; in conformity with the laws of the state, territory, or district; provided that a clerk of a court of record therein certifies that the instrument is executed and acknowledged in such conformity; or before a judge or justice of the superior or district court of the United States, an Illinois commissioner, a judge or justice of the supreme or superior or circuit court of any of the United States or territories, a justice of the peace, clerk of a court of record, or mayor of a city, or notary public, the last three to certify under their official seal. Without the United States; before

ACKNOWLEDGMENT

any consul of the United States, or any court of any republic, state, kingdom, or empire having a seal, or before a mayor or chief officer of a city or town having a seal, or any officer authorized by the laws of such country to take acknowledgments and proof of his authority must accompany his certificate. The certificate of such court, mayor, or officer must be under their official seal. R. S. 276; Underwood, 311.

The wife need not be examined separately. The certificate of an acknowledgment taken before a justice of the peace residing within the state, but in another county than that in which the lands lie, must be certified by the clerk of the county commissioners' court. Id. 963, § 18.

A certificate of acknowledgment must state that the person was personally known to the officer to be the person whose name is subscribed to the deed or writing as having executed the same, or that he was proved to be such by a credible witness (naming him). Id. § 40.

INDIANA.-Acknowledgment, or proof by subscribing witness, may be: 1. If taken within the state; before any supreme or circuit judge, or clerk of a court of record, county surveyor, justice of the peace, auditor, recorder, notary public, or mayor of a city. 2. Elsewhere within the United States; before any judge of a supreme or circuit court, or court of common pleas, or clerks of said courts, any justice of the peace, or mayor, or recorder of a city, notary public, or Indiana commissioner. 3. Beyond the United States; before a minister, chargé d'affaires, or consul of the United States. No separate examination of a married woman is now necessary. Rev. Stat. (1852), c. 23.

An officer taking an acknowledgment need not affix an ink scroll or seal, unless he is an officer required by law to keep an official seal. Laws of 1858, 39, c. 13, § 3.

IOWA. Acknowledgment or proof may be made, within the state, before some court having a seal, or a judge or clerk thereof, or some justice of the peace, notary public, or a county auditor, or his deputy, or any deputy clerk of court. A deed made or acknowledged without the state, but within the United States, shall be acknowledged before some court of record, or officer holding the seal thereof, or before an Iowa commissioner, or before some notary public or justice of the peace; and when before a justice of the peace, a certificate, under the official seal of the proper authority, of the official character of the justice and of his authority to take such acknowledgments, and of the genuineness of his signature, shall accompany the certificate of acknowledgment. Code, § 1218, as amended by Laws of 1855, 75, § 2.

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A deed executed without the United States may be acknowledged or proved before any [the words "court of any" seem to have been omitted here, in the statute] state, republic, kingdom, or province having a seal, or before any officer authorized by the laws of such foreign country to take acknowledgments; or any ambassador, minister, secretary of legation, consul, chargé d'affaires, consular agent, or any other oflicer of the United States in any foreign country, who is authorized to issue certificates under the seal of the United States; if he have an official seal, the certificate to be attested by the official seal, and in case the same is not before a court of record, or mayor, or other officer of a town having such seal, proof under the official seal of the proper authority that the officer was authorized by the laws of the country to do so, and that his certificate is genuine, must accompany it. Laws of 1855, 75, § 1. |

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If the grantor die before acknowledging, or if his attendance cannot be procured, or, appearing, he refuses to acknowledge, proof may be made by any competent testimony. In such case the certiticate must state the title of the court or officer; that it was satisfactorily proved that the grantor was dead, or that his attendance could not be procured, or that having appeared he refused to acknowledge the deed; the names of the witnesses by whom the proof was made, and that it was proved by then that the instrument was executed by the person whose name is thereunto subscribed as a party. A separate examination of wife is not necessary.

KANSAS. No instrument affecting real estate is of any validity against subsequent purchasers for a valuable consideration without notice, unless recorded in the office of the register of deeds of the county in which the land lies, or in such other office as is, or may be, provided by law.

If acknowledged within the state, it must be before some court having a seal, or some judge, justice, or clerk thereof, or some justice of the peace, notary public, or register of deeds, county clerk, or mayor of a city. Comp. Stat. (1862). If acknowledged out of the state, it must be before some court of record, or clerk, or officer holding the seal thereof, or before some commissioner to take the acknowledgments of deeds for this state, or before some notary public, or justice of the peace, or any United States consul resident abroad. If taken before a justice of the peace, the acknowledgment shall be accompanied by a certificate of his official character, under the hand of the clerk of some court of record, to which the seal of said court shall be affixed.

The court or person taking the acknowledgment must endorse upon the deed a certificate setting forth the following particulars: 1. The title of the court or person before whom the acknowledgment is taken; 2. That the person making the acknowledgment was personally known to at least one of the judges of the court, or to the officer taking the acknowledgment, to be the identical person whose name is affixed to the deed as grantor, or that such identity was proved by at least one credible witness (naming him); 3. That such person acknowledged the instrument to be his own voluntary act and deed.

If the grantor die before acknowledging the deed, or if, for any other reason, his attendance cannot be procured in order to make the acknowledgment, or if, having appeared, he refuses to acknowledge it, proof of the due execution and delivery of the deed may be made by any competent testimony before the same court or officers as are authorized to take acknowledgments of grantors.

The certificate endorsed upon the deed must state in this last case: 1. The title of the court or officer taking the proof; 2. That it was satisfactorily proved that the grantor was dead, or that, for some other cause, his attendance could not be procured to make the acknowledgment, or that, having appeared, he refused to acknowl edge the deed; 3. The names of the witnesses by whom the proof was made, and that it was proved by them that the instrument was executed by the person whose name is thereunto subscribed as a party.

The certificate of proof or acknowledgment may be given under seal or otherwise, according to the mode by which the courts or officers granting the same usually authenticate their most solemn and formal official acts.

Any court or officer having power to take the proof above contemplated may issue the neces

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sary subpoenas, and compel the attendance of out the United States, eighteen months), it is not witnesses residing within the county, by attach-effectual, but must be re-acknowledged before ments, if necessary. it can be recorded. Rev. Stat. (1852) 198; 200, §§. 15-23.

No instrument containing a power to convey, or in any manner affect real estate, certified and recorded as above prescribed, can be revoked by an act of the parties by whom it was executed, until the instrument containing such revocation is acknowledged and deposited for record, and entered on the entry-book, in the same office in which the instrument conferring the power is recorded.

Every instrument in writing affecting real estate which is acknowledged or proved, and certified as hereinbefore directed, may be read in evidence, without further proof. Kans. Comp. Stat. 1862, c. 41, §§ 15-24.

A married woman may convey her interest in the same manner as other persons. Id. § 9.

KENTUCKY.-A deed executed within the state can be acknowledged before the clerk of the county court where the property lies; or the deed | may be proved by the subscribing witnesses, or by one of them if he can prove the attestation of the other; or by proof by two witnesses that the two subscribing witnesses are dead, or out of the state, and proof of the signature of one of them and of the grantor. In such case, the certificate

must state the witnesses' names.

A deed executed out of the state, and within the United States, may be acknowledged before a judge and certified under the seal of his court, or before a clerk of a court, notary public, mayor of a city, secretary of state, or Kentucky commissioner, and certified under his official seal.

A deed executed out of the United States may be acknowledged or proved before any foreign minister, consul, or secretary of legation of the United States, or before the secretary of foreign affairs, certified under his seal of office, or a judge of a superior court of the nation where acknowledged. On making proof by others than the subscribing witnesses, the names and residence of the witnesses must be stated in the certificate. If a married woman is a grantor, the officer must explain to her the contents and effect of the deed separately and apart from her husband; and she must also declare that she did freely and voluntarily execute it, and is willing that it should be recorded. When the acknowledgment of a married woman is taken within the state, the officer may simply certify that the acknowledgment was made before him, and its date, and it will be presumed that the law was complied

with.

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LOUISIANA.-The authentication of instruments in the state is effected by the parties appearing before a notary, who reduces the contract to writing and signs it, together with them, in the presence of two male witnesses of at least fourteen years of age.

Without the state, and within the United States, acknowledgments and proof may be taken by Louisiana commissioners, and certified under their signature and seal; but the commissioner can only take such acknowledgment or proof where the party making it resides in the state or territory where the commissioner resides. Any acknowledgment made in conformity with the laws of the state where the act is passed is valid in Louisiana. Rev. Stat. (1856) 102, 103. In any foreign country, all American ministers, chargés d'affaires, consuls-general, consuls, viceconsuls, and commercial agents may act as commissioners. Id. 103.

The certificate of acknowledment by a married woman must set forth an examination by the oflicer apart from the presence of her husband touching the freedom of her action, and that he informed her fully of the nature of her rights upon the property of her husband. As to execution by agent of a power to renounce a mortgage or privilege on the husband's estate, see id. 561.

MAINE.-Deeds are to be acknowledged by the grantors, or one of them, or by their attorney executing the same, before a justice of the peace or notary public within the state, or any justice of the peace, magistrate, or notary public within the United States, or any minister or consul of the United States, or notary public in any foreign country. Rev. Stat. (1857) 451, § 17.

When a grantor dies or leaves the state without acknowledging the deed, it may be proved by a subscribing witness before any court of record in the state; and in their absence by proof of the handwriting of the grantor and witness. Id. §§ 18, 19.

A certificate must be endorsed on, or annexed to, the deed. Id. § 23.

Acknowledgments and proof may also be taken without the state, but, according to the laws of the state, by a Maine commissioner; his certificate to be under official seal, and annexed or endorsed. Id. 629, §§ 1, 2. Private examination of wife not necessary.

MARYLAND.-From the 24th article of the Code of 1860 the following is taken, being the law of

Maryland on the subject of acknowledgments.

Section 66.-" The following forms of acknowledgment shall be sufficient." Acknowledgment taken within the state of

Maryland.

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I, A. B. [here give title], do certify that this instrument of writing from C. D. and wife [or, from E. F., wife of C. D.] was this day produced to me by the parties (which was acknowledged by the said C. D. to be his act and deed); and county, to wit:Section 67.-"I hereby certify, that on this the contents and effect of the instrument being in the year day of explained to the said E. F. by me, separately and apart from her husband, she thereupon de- [here insert style of the officer taking the acclared that she did, freely and voluntarily, exe-knowledgment], personally appeared There incute and deliver the same, to be her free act and sert the name of person making the acknowledg deed, and consented that the same might be re- ment], and acknowledged the foregoing deed to

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Given under my hand and seal of office.
A. B.

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before the subscriber

Form of acknowledgment of husband and wife. "State of Maryland, county, to wit:

Section 68.-"I hereby certify, that on this If the deed of a married woman is not recorded day of , in the year before the subscriber within the time prescribed (viz., if executed in [here insert the official style of the judge taking the state, eight months; without the state, and the acknowledgment], personally appeared [here in the United States, twelve months; and with-insert name of the husband] and [here insert

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"State of

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missioner of a court of record, or any notary public, or justice of the peace. The officer must endorse on the deed a certificate of the acknowledgment, and the time and date of making it, under his hand.

name of the married woman making the acknowledgment], his wife, and did each acknowledge the foregoing deed to be their respective act." Form of acknowledgment taken out of the state. county, to wit:A deed executed without the state, and within Section 69.-"I hereby certify, that on this the United States, may be executed according to day of in the year of before the sub- the laws of the state, territory, or district where scriber [here insert the official style of the officer executed, and may be acknowledged before any taking the acknowledgment], personally ap-judge of a court of record, notary public, justice peared [here insert the name of the person making the acknowledgment], and acknowledged the aforegoing deed to be his act.

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"In testimony whereof, I have caused the seal of the court to be affixed (or have Seal of affixed my official seal), this the Court. day of " etc. etc.. Section 70.-"Any form of acknowledgment containing in substance the aforegoing forms shall be sufficient."

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The acknowledgment is to be taken as follows:

If in the county or city within which the real estate, or any part of it, lies, before some one justice of the peace of county or city; a judge of the orphans' court for county or city; the judge of the circuit court for county; the judge of the superior court, court of common pleas, or circuit court for Baltimore city.

If acknowledged within the state, but out of the county where the land lies, before any justice of the peace where the grantor may be, with a certificate of the justice's character, as such, under seal of the circuit or superior court; before any judge of the circuit court; or judge of superior, circuit, or court of common pleas in Baltimore.

of the peace, master in chancery, or other officer, authorized by the laws thereof to take acknowledgments, or before a Michigan commissioner. In such case, unless the acknowledgment is taken before a Michigan commissioner, there must be attached a certificate of the clerk, or other proper certifying officer, of a court of record for the county or district within which the acknowledgment was taken, under his official seal, that the person subscribing the certificate was, at the date of it, such officer as represented; that he believes the officer's signature to be genuine, and that the deed is executed according to the laws of the state, territory, or district. A deed executed in a foreign country may be executed according to the laws thereof, and acknowledged before any notary public, or any minister plenipotentiary, extraordinary, or resident; any chargé d'affaires, commissioner, or consul of the United States appointed to reside therein.

The acknowledgment of a married woman of a deed, in which she joins with her husband, may be the same as if she were sole. Laws of 1875, p. 142.

If a grantor dies, or leaves the state, or resides If acknowledged out of the state, but within the out of the state, the execution of the deed may United States, before a notary public, judge of any be proved before any court of record by proceedcourt of the United States, judge of any state or ings given by the statute; and if the grantor is territory having a seal, or a commissioner of Mary-residing in the state, and refuses to acknowledge land to take acknowledgments.

If acknowledged without the United States, before any minister or consul of the United States, a notary public, or a commissioner of Maryland, as above.

When an acknowledgment is taken before a judge, the seal of the court must be affixed.

Code of Public General Laws, Art. 25:-No private acknowledgment by the wife is necessary. The acknowledgment is merely that the parties "acknowledge the foregoing deed to be their act," or to this effect.

There must be added to the acknowledgments of mortgages and bills of sale the affidavit of the mortgagee or vendee, that the consideration is true and bona fide as therein set forth. Id.

MASSACHUSETTS.-Acknowledgments of deeds are to be by the grantors, or one of them, or by the attorney executing the same.

They may be taken before any justice of the peace of the state, or before any justice of the peace, magistrate, or notary public, or Massachusetts commissioner, within the United States or in any foreign country; or before a minister or consul of the United States in any foreign country. Gen. Stat. (1860) 467, §§ 18, 19.

When acknowledgments are taken out of the state by a justice of the peace, there should be appended a certificate of his appointment and authority, made by the secretary of state or clerk of a court of record.

The wife is not required to be examined separate and apart from her husband.

If the grantor dies, or leaves the state, the execution may be proved by a subscribing witness. MICHIGAN.-A deed executed within the state may be acknowledged before any judge or com

the deed, he must be summoned to attend. Rev. Stat. 1846, c. 65, ss.; 2 Comp. Laws, 1857, 840 (2733), §§ 14–20.

MINNESOTA. Within the state; before a judge of the supreme, district, or probate court, or a clerk of said courts, or before clerks of United States circuit and district courts for the district of Minnesota, a notary public, justice of the peace, register of deeds, court commissioner, county auditor, town clerk, city clerk, or recorder of a village. Laws of 1876, p. 59; Laws of 1877, p. 186; Laws of 1878, p. 103.

Without the state, and within the United States; the deed may be executed according to the laws of the state, territory, or district where executed, and acknowledged before any judge of a court of record, notary public, justice of the peace, or before a Minnesota commissioner.

In a foreign country, the execution may be according to its laws, and the acknowledgment may be before a notary public therein, or any minister plenipotentiary, extraordinary, or resident, chargé d'affaires, commissioner, or consul of the United States, appointed to reside therein, to be certified under the hand of the officer, and, if he is a notary, under his seal.

The separate acknowledgment of a married woman is not necessary.

Proof by witnesses may be taken before any court of record, when the grantor dies, or resides out of the state, or refuses to acknowledge. Minn. Comp. Stat. (1858), c. 35, §§ 8-26.

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, any

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