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.

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 com

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 seal; or before an ambassador, public minister, consul, or commercial agent, under his official seal. Rev. Code, 240, § 5; 241, §§ 6, 7; 125, § 2.

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. Id. 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.

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.

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 this case, unless it is acknowledged before an Oregon commissioner, the deed must have attached to it a certificate of the clerk, or other proper certifying officer, of a court of record of the county or district, under his seal of office, certifying that the person taking the acknowledgment 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.

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.

Deeds made out of the state may be acknowledged or proved before one or more of the justices of the peace of this state, or before any mayor, or chief magistrate, or officer of the cities, towns, or places where such deeds or conveyance are so acknowledged or proved. The same to be certified by the officer under the common or public 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.

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

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, chargé 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.]

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

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 sufficient.

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

A certificate taken within the state must be endorsed on or annexed to the instrument. 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

and effect, and must acknowledge that she executed it freely, voluntarily, and understandingly, without any compulsion or constraint on the part of her husband, and for the purposes therein expressed, which must be stated in the certificate. Id. § 2076.

notary public, or Vermont commissioner within the United States, or in any foreign country; or before any minister, chargé d'affaires, or consul of the United States in any foreign country. Rev. Stat. tit. 14, c. 60, § 9; tit. 4, c. 8, § 51; same statute, Comp. Laws, 385, 87.

In all cases the certificate must be under official seal.

The party should state that he executed the instrument for the consideration and purposes therein stated. Proof of execution may be made by one or more subscribing witnesses. Id. 1719, 1620.

A married woman's acknowledgment of conveyance of her separate property, or of the homestead, or other property exempt from execution, may be before a judge of the supreme or district court, or notary public, or the chief justice of a county court, or the clerk or deputy clerk of a county court. Id. 72, art. 207; 379, art. 1715, 1716, 1718.

She must be privily examined by the officer, apart from her husband, and must declare that she did freely and willingly sign and seal the writing, to be then shown and explained to her, and does not wish to retract it, and must acknowledge the instrument, so again shown to her, to be her act. The certificate must show these facts, and that the instrument was fully explained to her. Id. 72, art. 207.

If the husband and wife executed such conveyance without the state, the acknowledgment (which should be in the same form) may be taken before the officers who are specified above as authorized to take other acknowledgments.

UTAH.-Within the territory; before a judge, or clerk of a court having a seal, a notary public, county recorder, or justice of the peace. Without the territory, and within the United States; before a judge, or clerk of a United States court, or before a court of record or the clerk thereof, a notary public, or a Utah commissioner. Without the United States; before a judge, or clerk of a court of record, a notary public, a minister, commissioner, or consul of the United States.

A married woman may convey her estate as if a feme sole.

VERMONT.-All deeds and other conveyances of lands, or any estate or interest therein, must be signed and sealed by the party granting the same, and signed by two or more witnesses, and acknowledged by the grantor before a justice of the peace, a town clerk, a notary public, or master in chancery. Rev. Stat. tit. 14, c. 60, § 4; Laws of 1850, n. 53; same statute, Comp. Laws, 384, §§ 4, 5.

The separate acknowledgment or private examination of the wife is not required.

Acknowledgment or proof taken without the state, if certified agreeably to the laws of the state, province, or kingdom in which it was taken, is valid as though duly taken within the state; and the proof of the same may be taken, and the same acknowledged with like effect, before any justice of the peace, magistrate, or

A wife conveying must be examined by one of the justices of the court, or by the clerk, privily and apart from her husband; and, having such writing fully explained to her, must acknowledge the same to be her act, and declare that she executed it willingly, and does not wish to retract it. Without the state, but within the Union; before a justice (except that that of a married woman must be made before two justices together), or a notary public, or a Virginia commissioner.

Without the United States; before any minister plenipotentiary, chargé d'affaires, consulgeneral, consul, vice-consul, or commercial agent, appointed by the government of the United States, or by the proper officer of any court of such country, or the mayor or other chief magistrate of any city, town, or corporation therein; the certificate to be under official seal. Code (1849), 512, §§ 2-4.

WASHINGTON.-A deed shall be in writing, signed and sealed by the party bound thereby, witnessed by two witnesses, and acknowledged by the party making it. Within the territory; before a judge of the supreme court, a judge of the probate court, a justice of the peace, a notary public, or county auditor, or a clerk of the district and supreme courts. Out of the territory, and within the United States; before a Washington commissioner, or before any person authorized to take acknowledgments by the laws of the state or territory wherein the acknowledgment is taken. Without the United States; before any minister plenipotentiary, chargé d'affaires, consul-general, vice-consul, or commercial agent appointed by the government of the United States to the country where it is taken, or before the mayor, or chief magistrate of any city or town.

A married woman is not bound by any deed affecting her own real estate or releasing dower, unless she joins in the conveyance by her husband, and, upon an examination by the officer, separate and apart from her husband, acknowledges that she did voluntarily, of her own free will and without the fear of, or coercion from, her husband, execute the deed; and the officer must make known to her the contents of the deed, and certify that he has made known to her its contents, and examined her separate and apart from her husband, as is above provided. Stat. (1855) 402, § 3.

WEST VIRGINIA.-Before a justice, notary public, clerk of a county court, prothonotary, clerk of any court within the United States, or West Virginia commissioner; and, without the United States, before any officer there authorized to take such acknowledgments.

A married woman must be examined separate and apart from her husband, and the certificate must state that the paper executed was fully explained to her, and that she declared that she had willingly executed the same and did not wish to retract it.

ACKNOWLEDGMENT MONEY

WISCONSIN.-Deeds executed within the state

may be acknowledged before a judge or commissioner of a court of record, and clerk of the board of supervisors, or a notary public, or justice of the peace of the state. The certificate must state the true date of the acknowledgment.

Deeds executed without the state, and within the United States, before a judge of a court of record, notary public, justice of the peace, master in chancery, or other officer authorized by the law of the place to take acknowledgments, or before a Wisconsin commissioner. Except in the last case, the certificate must be attested by the certifying officer of a court of record.

In a foreign country, before a notary public, or

other officer authorized by the laws thereof, or any minister plenipotentiary, minister extraordinary, minister resident, chargé d'affaires, commissioner, or consul of the United States, appointed to reside therein. If before a notary public, his certificate must be under seal. Rev. Štat. (1858), 538, §§ 8, 11.

Married women residing in the state may acknowledge as if they were unmarried. Id. §§ 12,

14.

ACKNOWLEDGMENT MONEY. In English Law. A sum paid by tenants of copyhold in some parts of England, as a recognition of their superior lords; Cowel; Blount. Called a fine by Blackstone; 2

Sharsw. Bla. Com. 98.

ACQUEST. An estate acquired by purchase; 1 Reeves, Hist. Eng. Law, 56.

ACQUETS. In Civil Law. Property which has been acquired by purchase, gift, or otherwise than by succession. Immovable property which has been acquired otherwise than by succession; Merlin, Répert.

The profits of all the effects of which the husband has the administration and enjoyment, either of right or in fact, of the produce of the reciprocal industry and labor of both husband and wife, and of the estates which they may acquire during the marriage, either by donations, made jointly to them both, or by purchase, or in any other similar way, even although the purchase be only in the name of one of the two, and not of both. This is the signification attached to the word in Louisiana; La. Civ. Code, 2371. The rule applies to all marriages contracted in that state, or out of it, when the parties afterward go there to live, as to acquets afterward made there. The acquets are divided into two equal portions between the husband and wife, or between their heirs at the dissolution of their marriage.

The parties may, however, lawfully stipulate there shall be no community of profits

ACQUISITION

ACQUIESCENCE. A silent appearance of consent; Worcester, Dict.

Failure to make any objections.

It is to be distinguished from avowed consent, on the one hand, and from open discontent or opposition, on the other. It amounts to a consent which is impliedly given by one or both parties to a proposition, a clause, a condition, a judgment, or to any act whatever.

When a party is bound to elect between a paramount right and a testamentary disposition, his acquiescence in a state of things which indicates an election, when he was aware of his rights, will be prima facie evidence of such election. See 2 Roper, Leg. 439; 1 Ves. 335; 2 id. 371; 12 id. 136; 3 P. Wms. 315. The acts of acquiescence which constitute an implied election must be decided rather by the circumstances of each case, than by any general principle; 1 Swans. 382, note, and the numerous cases there cited.

Acquiescence in the acts of an agent, or one who has assumed that character, will be equivalent to an express authority; 2 Bouvier, Inst. n. 1309; 2 Kent, 478; Story, Eq. Jur. § 255; Livermore, Ag. 45; Paley, Ag. Lloyd ed. 41; 4 Wash. C. C. 559; 4 Mas. 296; 3 Pet. 69, 81; 6 Mass. 193; 3 Pick. 495; 1 Johns. Cas. 110; 2 id. 424; 12 Johns. 300; 3 Cowen, 281.

of justices, formerly lying for the surety against a creditor who refuses to acquit him Writs, 158; Cowel; Blount. after the debt has been satisfied; Reg. of

ACQUIETANDIS PLEGIIS. A writ

ACQUIRE (Lat. ad, for, and quærere, to seek). To make property one's own.

It is regularly applied to a permanent acquisition. A man is said to obtain or procure a mere temporary acquisition.

ACQUISITION. The act by which a person procures the property of a thing.

The thing the property in which is secured. Original acquisition is that by which a man secures a property in a thing which is not at the time he acquires it, and in its then existing condition, the property of any other individual. It may result from occupancy; 1 Bouvier, Inst. n. 490; 2 Kent, 289; accession, 1 Bouvier, Inst. n. 499; 2 Kent, 293; intellectual labor-namely, for inventions, which are secured by patent rights; and for the authorship of books, maps, and charts,