Imágenes de páginas
PDF
EPUB

ACKNOWLEDGMENT

clerk of any court of record, who shall certify the same under the seal of his office, or any justice of the peace, or any chancellor, or member of the board of county supervisors, whether the lands be within his county or not.

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; or any justice of the peace, whose official character shall be certified under the seal of some court of record in his county or by a Mississippi commissioner.

When out of the United States, such acknowledgment or proof may be made before any court of record, or mayor, or other chief magistrate of any city, borough, or corporation of such foreign kingdom, state, nation, or colony, or before any ambassador, secretary of legation, or consul of the United States to the kingdom or state, nation or colony; and the certificate in such cases must show the identity of the party, and that he acknowledged the execution of the deed, or that the execution was duly proved; or, if made before an ambassador, minister, or consul, then as such acts are usually certified by such officer. In the same way, a married woman residing without the United States may acknowledge her conveyance of lands or right to dower.

The real property or right of dower of a married woman does not pass by her deed, either jointly with her husband or alone, without a previous acknowledgment, on a private examination apart from her husband, before the proper officer, that she signed, sealed, and delivered the same as her voluntary act and deed, freely, without any fear, threats, or compulsion of her husband, which the certificate must state. Rev. Code (1857), 311, art. 28-32.

MISSOURI. Within the state; before a court having a seal, or before a judge, justice, or clerk thereof, a notary public, or some justice of the peace for the county where the land lies. Without the state, and within the United States, by any notary public, or by any court of the United States, or of any state or territory, having a seal, or the clerk of such court, or before a Missouri commissioner. Without the United States, by any court of any state, kingdom, or empire, having a seal; or before the mayor or chief officer of any city or town having an official seal; or by any minister or consul of the United States, or notary public, having a seal.

The certificate must be endorsed on the instrument. If granted by a court, it must be under its seal; if by a clerk, then under his hand and the seal of his court; if by an officer having an official seal, then under his hand and seal; if by one who has no seal, then under his hand.

No acknowledgment must be taken unless the person offering to make it is personally known to at least one judge of the court, or to the officer taking it, to be the person whose name is subscribed, or unless he is proved to be such by at least two credible witnesses. The certificate must state this fact, as well as the fact of acknowledgment; and, if the identity was proved by witnesses, their names and residence must be stated. 1 Rev. Stat. (1855) 358, §§ 16-21.

If the deed is attested by a subscribing witness, proof of the execution of the deed may be made by the subscribing witness before one of the officers mentioned, and the certificate must state the residence of the witness, and that he is personally known to the officer so certifying. Id. §§ 22-30.

[blocks in formation]

A married woman's relinquishment of dower may be acknowledged in the same way; but no such acknowledgment can be taken unless, in addition to the requirements in the case of other grantors, she is made acquainted with the contents of the conveyance, and acknowledges, on a separate examination apart from her husband, that she executed the same (and, if it is a relinquishment of her dower, that she relinquishes her dower in the real estate therein mentioned) freely, and without compulsion or undue influence of her husband. The certificate must set forth these facts, as well as those required to be stated in a certificate of acknowledgment by any other party. Id. §§ 31-39.

-

MONTANA. Within the territory; before the secretary of the territory, some judge or clerk of a court having a seal, a notary public, a justice of the peace, the county clerk and ex-officio county recorder. Without the territory, and within the United States; before some judge or clerk of any court of the United States, or any state or territory having a seal, a notary public, a justice of the peace, or commissioner appointed by the governor of the territory for that purpose. If taken by a justice of the peace, his official character must be certified to under the seal of the court, tribunal, or officer within and for the county in which such justice may be acting, which has cognizance of his official character.

The certificate must state that the person acknowledging the execution is personally known to the officer.

The certificate of an acknowledgment by a married woman must state that the officer first made her acquainted with the contents of the instrument, and that on examination, separate, apart from, and without the hearing of her hus band, she acknowledged that she executed the same freely and voluntarily, without fear or compulsion or undue influence of her husband, and that she does not wish to retract the execu tion of the same.

NEBRASKA. Within the state; before some court having a seal, or some judge, justice, or clerk thereof, or some justice of the peace, or notary public. Without the state; before a Nebraska commissioner, or before some officer authorized, by the laws of the state or country where the acknowledgment is made, to take the acknowledgment of deeds.

The certificate must be endorsed upon the instrument, and must set forth the title of the court or officer; that the person making the acknowledgment was personally known to at least one of the judges of the court, or to the officer, 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); that such person acknowledged the instrument to be his voluntary act and deed.

The certificate of acknowledgment or proof may be under seal or otherwise, according to the mode by which the court or officer usually authenticates the most solemn official acts. Laws of 1855, 165, §§ 10-16, 18.

All acknowledgments taken by an officer having no seal must be accompanied with a certificate of a clerk of record or other proper officer of the district, under official seal, that the officer taking the same was the same as represented therein at the date thereof, that the signature is genuine, and the acknowledgment in conformity to law. Gen. Stat. 1873, pp. 141, 239, 343, 494, 873, 877. No separate examination is required in taking the acknowledgment of a married woman. All deeds should have at least one subscribing wit

ACKNOWLEDGMENT

[ocr errors]

96

ness. It is requisite for the husband to join in his wife's conveyance to cut out his right of curtesy. NEVADA. Every conveyance in writing, whereby any real estate is conveyed or may be affected, must be acknowledged, or proved, and certified as provided by law. 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, but within the United States; by a judge or clerk of any court of the United States, or of any state or territory having a seal, notary public, or justice of the peace, with a certificate of his official character and the genuineness of his signature; or by a commissioner appointed by the government of the state for the purpose. Without the United States; by 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, commissioner, or consul of the United States, appointed to reside therein.

A certificate must be endorsed or annexed by the officer taking the acknowledgment under seal of the court, or under the hand and the official seal of the officer taking it, when he has an official seal.

The person making the acknowledgment must be known personally by the officer taking the acknowledgment, or proved by the oath or affirmation of a credible witness, to be the person executing the instrument, and the fact must he stated in the certificate. The certificate must state, in addition, that the execution was made freely and voluntarily, and for the uses and purposes mentioned in the deed or other instrument.

Proof may be made by subscribing witnesses, and, where they are dead or cannot be had, by evidence of the handwriting of the party.

The subscribing witnesses must be personally known, or their identity established by oath or affirmation of one witness, and must establish that the person whose name is subscribed as a party is the person described as executing the instrument, did execute it, and that the witness subscribed his name. The certificate must set forth these facts.

ACKNOWLEDGMENT

edged by the party or parties who executed them, the officer having first made known to them the contents, and being also satisfied that such person is the grantor mentioned in said deed, of all which the said officer shall make his certificate; or, if it be proved by one or more of the subscribing witnesses to it, that such party signed, sealed, and delivered the same as his, her, or their voluntary act and deed, before the chancellor of the state, or one of the justices of the supreme court, or one of the masters in chancery, or one of the judges of any of the courts of common pleas of the state; and if a certificate of such acknowledgment or proof shall be written upon or under the said deed or conveyance, and be signed by the person before whom it was made, the same may be received in evidence. Nixon's Dig. 1855, 121, § 1.

If the grantor or witnesses reside without the state, but within the United States, the acknowledgment or proof may be made before the chief justice of the United States, or an associate justice of the United States supreme court, or a district judge of the same, or any judge or justice of the supreme or superior court of any state or territory or in the District of Columbia; or before any mayor or chief magistrate of a city, duly certified under the seal of such city; or before a New Jersey commissioner for the state, territory, or district in which the party or witness resides; or before a judge of a court of common pleas of the state, district, or territory in which the party or witness may be; and in the latter case a certificate under the great seal of the state, or the seal of the county court in which it is made, that the officer is judge of the common pleas, is to be annexed. Id. § 5; id. 131, § 52.

Or it may be taken, if the party or witness reside in some other state of the United States, before a judge of any district or circuit court, or the chancellor of the state, in the manner directed by the laws of the state. This provision applies to deeds of femes covert residing in any other state of the United States. Id. 125, §§ 25, 26.

If the grantor or witnesses reside without the United States, it may be made before any court of law, mayor or chief magistrate of a city, borough, or corporation of the kingdom, state, nation, or colony in which they reside, or any ambassador, public minister, chargé d'affaires, secretary of legation, or other representative of the United States at the court thereof, and may be certified as such acts are usually authenti

Where the officer is satisfied that the subscribing witnesses are dead, proof may be made by a competent witness who swears or affirms that he knew the person who executed the instrument, knew his signature and believes it to be his, and a wit ness who testifies in the same manner as to the signature of the subscribing witness. Compulsory process may be had for the attend-cated by such officers. Id. 122, § 6; 132, §§ 57, ance of witnesses.

The examination of the wife must be taken separate and apart from her husband, and her execution of the deed must be acknowledged, and cannot be proved.

A deed so acknowledged or proved may be recorded. Nev. Laws of 1861, c. 9, §§ 3-18.

NEW HAMPSHIRE.-Deeds are not valid, except as against the grantor and his heirs, unless attested by two or more witnesses, acknowledged and recorded. Acknowledgments are to be before a justice of the peace, notary public, or commissioner, or before a minister or consul of the United States in a foreign country. Comp. Laws (1853), 289. If before a justice of the peace without the state, his official character should be authenticated by the clerk of a court of record or by the secretary of state.

[ocr errors]

61.

No estate of a feme covert passes by her deed without her previous acknowledgment, on a private examination apart from her husband, that she signed, sealed, and delivered the same, as her voluntary act and deed, freely, without any fear, threats, or compulsion of her husband, and a certificate thereof written on or under the instrument, signed by the officer. Id. § 4.

The mode of making proof in case of the death of parties and witnesses is prescribed by Laws of 1850, 273; Nixon, Dig. 125.

NEW MEXICO.-Every instrument in writing by which real estate is transferred or affected in law or equity must be acknowledged and certified to as provided by law.

Within the territory; before any court having a seal, before any judge or clerk thereof, or before any justice of the peace of the county in which the land lies, or before a notary public. Without the territory, and within the United States; before any United States court, or the NEW JERSEY.-Deeds, etc., must be acknowl- court of any state or territory having a seal, or

No separate acknowledgment is required to be made by the wife, nor need she be examined apart from her husband.

ACKNOWLEDGMENT

before a clerk of said courts, or a commissioner of deeds appointed by the governor of this territory. Without the United States; before any court of any state, kingdom, or empire having a seal, or before any magistrate, or the supreme power of any city, who may have a seal, before any notary public having a seal, any consul or vice-consul of the United States having a seal, or before the judge of any court of record having a seal.

The person making the acknowledgment must be personally known to the officer taking the same to be the one executing the instrument, or his identity must be proved by two witnesses.

The certificate must state the fact of acknowledgment and one or the other of the above facts, as the case may be.

Acknowledgments may be made by married women before the same officers. In addition to evidence or knowledge of identity, as before stated, the woman must be informed of the contents of the instrument, and must confess, on examination, separate, apart, and independent of her husband, that she executed the same voluntarily, and without the compulsion or illicit influence of her husband; and the certificate must state the above facts. Laws of 1851, p. 373, §§ 5-13.

NEW YORK. Within the state; before judges of courts of record within the jurisdiction of their respective courts, county judges, surrogates, notaries public, and justices of peace at a place within their counties, mayors, recorders, and commissioners of deeds of cities within their respective cities.

Without the state, but within the United States; before a judge of the United States supreme or district courts, or of the supreme, superior, or circuit court of any state or territory, or before a judge of the United States circuit court in the District of Columbia; but such acknowledgment must be taken at a place within the jurisdiction of such officer. Or before the mayor of any city; or before a New York commissioner, but the certificate of a New York commissioner must be accompanied by the certificate of the secretary of state of the state of New York, attesting the existence of the officer and the genuineness of his signature, and such commissioner can only act within the city or county in which he resided at the time of his appointment. 1 Rev. Stat. 757, § 4, subd. 2; Laws of 1845, 89, c. 109; Laws of 1850, 582, c. 270; Laws of 1857, 788.

When made by any person residing out of the state, and within the United States, it may be made before any officer of the state or territory where made, authorized by its laws to take proof or acknowledgment; but no such acknowledgment is valid unless the officer taking the same knows, or has satisfactory evidence, that the person making it is the individual described in and who executed the instrument. And there must be subjoined to the certificate of proof or acknowledgment a certificate under the name and official seal of the clerk and register, recorder, or prothonotary of the county in which such officer resides, or of the county or district court or court of common pleas thereof, specifying that such officer was, at the time of taking such proof or acknowledgment, duly authorized to take the same, and that such clerk, register, recorder, or prothonotary, is well acquainted with the handwriting of such officer, and verily believes his signature genuine. Laws of 1848, c. 195, as amended by Laws of 1856, c. 61, § 2.

[blocks in formation]

nary, or chargé d'affaires of the United States, resident and accredited there, or before any United States consul, resident in any port or country, or before a judge of the highest court in Upper or Lower Canada. In the British dominions, before the Lord Mayor of London, or chief magistrate of Dublin, Edinburgh, or Liverpool. 1 Rev. Stat. 759, § 6; Laws of 1829, 348, c. 222.

Acknowledgment may be made before a person specially authorized by the supreme court of the state, by a commission issued for the purpose. 1 Rev. Stat. 757, § 8.

The governor of New York is also authorized to appoint commissioners of deeds, not exceeding three in each, for the following cities: London, Liverpool, Glasgow, Paris, and Marseilles. Laws of 1858, 498, c. 308, § 1.

No acknowledgment is to be taken unless the officer knows, or has satisfactory evidence, that the person making such acknowledgment is the individual described in and who executed such conveyance. 1 Rev. Stat. 758, § 9.

Married women acknowledge in the same manner as if they were sole. Laws, 1879, ch. 249; Laws, 1880, ch. 300.

An acknowledgment or proof of conveyance by a non-resident married woman joining with her husband, may be made as if she were sole. 1 Rev. Stat. 758, § 11.

Proof of execution may be made by a subscribing witness, who shall state his own place of residence, and that he knew the person described in and who executed such a conveyance; and such proof shall not be taken unless the officer is personally acquainted with such subscribing witness, or has satisfactory evidence that he is the same person who was a subscribing witness to such instrument. 1 Rev. Stat. 758, § 12.

The officer must endorse a certificate of the acknowledgment or proof, signed by himself, on the conveyance; and in such certificate shall set forth the matters required to be done, known, or proved, on such acknowledgment or proof, together with the names of the witnesses examined before such officer, and their places of residence, and the substance of the evidence by them given. 1 Rev. Stat. 759, § 15.

The certificate of a New York commissioner appointed in another state must be under his seal of office, and is wholly void unless it specifies the day on which, or [and?] the city or town in which it was taken. Laws of 1850, 582, c. 273, §§ 2, 5.

NORTH CAROLINA.- Within the state; before a judge of the supreme or superior court, or in the county court of the county where the estate is situated, or before the clerk of such court or his deputy and notaries public, justices of the peace, and any court of record.

Without the state; by a commissioner appointed for the purpose by the court of pleas and quarter sessions of the county, or a North Carolina commissioner of affidavits.

Without the state, and within the United States; before a judge of supreme jurisdiction, or a judge of a court of law of superior jurisdiction, within the state, territory, or district where the parties may be; and his certificate must be attested by the governor of the state; or, if in the District of Columbia, by the secretary of state of the United States; or it may be taken before a North Carolina commissioner.

Without the United States; before the chief magistrate of the city in which the instrument was executed, attested under the corporate scal; Without the United States; when the party is or before an ambassador, public minister, conin other parts of America, or in Europe, before a sul, or commercial agent, under his official seal. minister plenipotentiary, or minister extraordi- | Rev. Code, 240, § 5; 241, §§ 6, 7; 125, § 2.

VOL. I.-7

ACKNOWLEDGMENT

A married woman's acknowledgment is to be taken, within the state, before a judge of the supreme or superior court, or in the court of the county where the land lies, she being first privily examined by such judge, or some member of the county court appointed by the court for that purpose, or by a commission issued by the judge or court for that purpose, as to whether she voluntarily assents. Without the state, before the same officers specified above as authorized to take other acknowledgments without the state; but the same private examination is requisite wherever the acknowledgment may be taken. Ia. 242, §§ 8, 9; 243, § 12.

OHIO.-Instruments affecting lands which are executed within the state are to be acknowledged before a judge of the supreme court or of the court of common pleas, a justice of the peace, notary public, mayor, or other presiding officer of an incorporated town or city, or a county surveyor of the county. The certificate must be upon the same sheet with the instrument. Laws of 1831, 346; same statute, Swan, Rev. Stat. 308, 893, § 26.

A married woman must be examined by the officer separate and apart from her husband, and the contents of the deed be made known to her; and she must declare, upon such separate examination, that she did voluntarily sign, seal, and acknowledge the same, and that she is still satisfied therewith. Swan, Rev. Stat. 309, § 2.

98

A certificate of acknowledgment within the state need not show that the officer was satisfied of the identity of the grantor, nor that he made known the contents of the deed to a married woman, nor need it be sealed. Id. 312.

Instruments executed without the state may be proved or acknowledged in conformity with the laws of the state, territory, or country where acknowledged, or in conformity with the laws of Ohio. They may be taken before Ohio commissioners. Id. 310, § 5; 179, § 3. Laws of 1858, 15, § 12.

ACKNOWLEDGMENT

be taken unless the officer has satisfactory evidence that the person is the individual described in and who executed the conveyance.

Proof may be by a subscribing witness personally known to the officer, or satisfactorily shown to him to be the subscribing witness. The witness must state his residence, and that he knew the person described in and who executed the conveyance.

In case of the death or absence of the grantor and witnesses, proof may be by handwriting of the grantor and of any witness. Proceedings for compelling witnesses to appear are also given by the statute.

The officer must endorse the certificate on the instrument, and set forth the matter required to be done, known, or proved, and the names and residences of witnesses examined, and the substance of their evidence. Statutes (1855), 519, §§ 10-21.

PENNSYLVANIA.. -Within the state; before a judge of the supreme court, or of the courts of common pleas, or of the district courts, or a justice of the peace, or a recorder of deeds; the mayor, recorder, and aldermen, or any of them, of the cities of Allegheny, Carbondale, Philadelphia, and Pittsburg; the recorders of deeds, notaries public, and all justices of the peace and magistrates.

Without the state, and within the United States; before any officer authorized by the laws of the state in which the instrument was executed; proof of his authority by the certificate of a clerk of a court of record being affixed. Or the acknowledgment may be before a judge of the supreme or district court of the United States, or before a judge or justice of the supreme or superior court, or court of common pleas, or court of probate, or court of record, of any state or territory within the United States; and so certified under the hand of the judge, or before a Pennsylvania commissioner.

When made out of the United States; before a Pennsylvania commissioner, or 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 acknowledgment may be made; or any ambassador, minister plenipotentiary, chargé d'affaires, or other person exercising public ministerial functions, duly appointed by the United States.

OREGON.-Acknowledgments are to be before any judge of the district court, probate judge, justice of the peace, or notary public; and the certificate, stating the true date, must be endorsed on the instrument. If the deed is executed in any other state, territory, or district of the United States, it may be executed and acknowledged according to the laws of such state, etc.; but in Deeds made out of the state may be acknowlthis case, unless it is acknowledged before an edged or proved before one or more of the justices Oregon commissioner, the deed must have at- of the peace of this state, or before any mayor, or tached to it a certificate of the clerk, or other chief magistrate, or officer of the cities, towns, proper certifying officer, of a court of record of or places where such deeds or conveyance are so the county or district, under his seal of office, acknowledged or proved. The same to be certicertifying that the person taking the acknowledg-fied by the officer under the common or public ment was such officer as represented, that his signature is genuine, and that the deed was executed according to the laws of the place. If executed in any foreign country, it may be executed according to the laws thereof, and acknowledged before any notary public therein, or before any minister plenipotentiary, minister extraordinary, minister resident, chargé d'affaires, commissioner, or consul of the United States, appointed to reside therein, under his hand, and, if before a notary, under his seal of office.

The acknowledgment of a married woman residing within the territory, and joining in execution with her husband, must be taken separately and apart from her husband, and she must acknowledge that the execution was done freely, and without fear or compulsion from any one. If not residing in the territory, her acknowledgment may be as if she were sole. No acknowledgment can

seal of the city, town, or place.

A married woman's acknowledgment of a deed to pass her separate estate is to be in the same form as her acknowledgment to bar dower.

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 husband; and, 4, that she executed the deed of her own free will and accord, without any coercion or compulsion of her husband. It is the practice to make the certificate under seal; though a seal is not required. Purd. Dig. p. 463 et seq.

RHODE ISLAND.-All deeds are void, except as between the parties and their heirs, unless acknowledged and recorded. Rev. Stat. (1857) 335.

ACKNOWLEDGMENT

Within the state, the acknowledgment must be before a senator, a judge, justice of the peace, notary public, or town clerk. Id.

A deed executed without the state, and within the United States, may be acknowledged before any judge, justice of the peace, mayor, or public notary, in the state where the same is executed; or by any commissioner, appointed by the governor and qualified; and if without the United States, before any ambassador, minister, charge d'affaires, recognized consul, vice-consul, or commercial agent of the United States, or any commissioner so appointed and qualified in the country in which the same is executed. Id.

Where husband and wife convey real property of which they are seized in the right of the wife, or property wherein the wife might be endowed, the latter must be examined privily and apart from her husband, and declare to the officer that the instrument shown and explained to her by him is her voluntary act, and that she does not wish to retract the same. Id. 316.

SOUTH CAROLINA.—To admit a deed to record in the register's office, or the secretary of state's office, it must be proved by the oath of one of the witnesses before a magistrate, trial justice, or notary public, or any officer entitled to administer an oath, and without the state before a commissioner of deeds of South Carolina, and endorsed on the deed in which the witness swears that he saw the grantor sign, seal, and deliver the deed to the grantee for the uses and purposes contained in the deed, and that the other witness with himself witnessed the due execution thereof.

A feme covert may renounce her dower by going before any judge of the court of common pleas, a magistrate of the district wherein she may reside or the land may be, and acknowledging, upon a private and separate examination, that she does freely and voluntarily, without any compulsion, dread, or fear of any person whatsoever, renounce and release her dower to the grantee and his heirs and assigns, in the premises mentioned in such deed. A certificate under the hand of the woman, and the hand and seal of the judge or magistrate, must be endorsed on the deed or separate instrument of writing to the same effect, in the form or to the purport following, and be recorded in the office of mesne conveyances or office of the clerk of the district where the land lies:The State of South Carolina.

District. I, Z. G., one of the judges of the court of common pleas in the said state [or a magistrate of district, as the case may be], do hereby certify unto all whom it may concern, that E. B., the wife of the within named A. B., did this day appear before me, and, upon being privately and separately examined by me, did declare that she does freely, voluntarily, and without any compulsion, dread, or fear of any person or persons whomsoever, renounce, release, and forever relinquish unto the within named C. D., his heirs and assigns forever, all her interest and estate, and all her right and claim of dower of, in, or to all and singular the premises within mentioned and released. Given under my hand and seal, this day of Anno Domini Z. G., judge of the court of common pleas in the state of South Carolina (or magistrate, as the case may be).

[L. S.]

[ocr errors]

E. B.

This provision, it must be observed, applies exclusively to "dower."

A feme covert of the age of twenty-one years, who may be entitled to any real estate as her inheritance, and is desirous of joining her husband in conveying away the fee simple of the same to

[blocks in formation]

any other person, may bar herself of her inheritance by joining her husband in the execution of the release, and seven days after the execution of the same going before a judge of the court of common pleas, or a magistrate of the district, and then, upon a private and separate examination by him, declaring to him that she did, at least seven days before such examination, actually join her husband in executing such release, and that she did then, and at the time of her examination still does, freely, voluntarily, and without any manner of compulsion, dread, or fear of any person or persons whomsoever, renounce, release, and forever relinquish all her estate, interest, and inheritance in the premises mentioned in the release unto the grantee and his assigns. Id.

A certificate signed by the woman, and under the hand and seal of the judge or magistrate, must then immediately be endorsed upon the said release, or a separate instrument of writing to the same effect in the form of that required as above in dower, to which must be added to the following effect, to wit: that the woman did declare that the release was positively and bona fide executed at least seven days before such examination. The renunciation is not complete and legal until recorded; but if that be done in the lifetime of husband and wife, it is sufficient.

It may be well enough to remark that the term "inheritance" does not necessarily mean an estate descended to the wife, but an estate in her own right, and which may be inherited from her.

If the words required in the additional certificate appear in the body of the certificate, it will be sufficient.

A deed executed and acknowledged out of the state according to the form and using the necessary words required by the Act of 1795, before a commissioner appointed by South Carolina, would be suflicient.

TENNESSEE.-By a person within the state, an acknowledgment is to be before the clerk, or legally appointed deputy clerk, of the county court of some county in the state, and any notary public. Without the state, but within the United States, before any court of record, or clerk of any court of record, in any state, or a Tennessee commissioner, or a notary public, or any clerk of any court of record of any state or territory. Without the United States, before a Tennessee commissioner or notary public, or before a consul, minister, or ambassador of the United States.

A certificate taken within the state must be endorsed on or annexed to the instrument. A notary, Tennessee commissioner, a consul, minister, or ambassador, must make the certificate under his seal of office.

If the acknowledgment is taken before a judge, he must certify under his hand, and the clerk of his court must, under seal (a private seal, if there is no official seal), certify to the official character of the judge; or his official character may be certified by the governor of the state or territory, under its great seal. If it is taken before a court of record, a copy of the entry on the record must be certified by the clerk under seal (a private seal, if he has no official seal); and in this case, or if the acknowledgment be before the clerk of a court of record of another state, the judge, chief justice, or presiding magistrate must certify to the official character of the clerk. Tenn. Code (1858), §§ 2038-2046.

Proof by witnesses may be before the same officers. Id. §§ 2047, etc.

A married woman uniting with her husband in a deed must be examined, privily and apart from her husband, touching her voluntary execution of the same, and her knowledge of its contents

« AnteriorContinuar »