Office 2007 Serial acknowledgment legal definition

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To acknowledge is to admit, affirm, declare, testify, avow, confess, or own as genuine. Admission or affirmation of obligation or responsibility. Most states have adopted the Uniform Acknowledgment Act.

The partial payment of a debt, for example, is considered an acknowledgment of it for purposes of tolling the statute of limitations—the time set by law for bringing a lawsuit—based on a person's failure to repay a debtor. State law usually gives a creditor six years from the date a debt is due, according to the creditor's contract with the debtor, to sue for nonpayment. If, on the last day of the fifth year, the debtor repays any part of the loan, the Statute of Limitations is tolled or suspended. The creditor then has another six years from the date of partial payment to sue the debtor for the balance of the loan. The debtor's partial payment indicates acceptance of responsibility to pay the loan. If the debtor had not paid anything, he or she would have escaped liability six years after the date the loan was due.

An acknowledgment of Paternity means recognition of parental duties—such as financial support of an illegitimate child—by written agreement, verbal declaration, or conduct of the father toward the mother and child that clearly demonstrates recognition of paternity.

The requirement for acknowledgments on certain documents—such as deeds transferring the ownership of real property, wills giving the ownership of property to a decedent's heirs after death, or documentary evidence that is to be admitted in a legal proceeding—is established by state law. If such documents do not contain acknowledgments, they are ineffective and cannot be used in any legal proceedings.

Any or all of the parties to a document may be required to acknowledge it. Only those persons specified by law, a Notary Public, for example, may take an acknowledgment. Usually, a person making an acknowledgment does not have to explain the contents of the document to the person taking the acknowledgment. A person who ordinarily takes an acknowledgment might be disqualified from doing so if that person stands to gain some benefit from or has a financial interest in the outcome of the transaction. For example, state law requires a person making a will, a testator, to make an acknowledgment to a certain number of witnesses that the document is the genuine expression of how that person wants his or her property disposed of upon his or her death. Suppose the state requires two witnesses. If the people selected as witnesses have financial interests in the person's will, they will be disqualified for purposes of acknowledgment. This is done to deter dishonest people from fabricating a document that is beneficial to them. Such a will is legally ineffective; once the testator dies, his or her property will be transferred according to the laws of Descent and Distribution.

A certificate of acknowledgment, sometimes referred to as the acknowledgment, is evidence that the acknowledgment has been done properly. Although its contents may vary from state to state, the certificate must recite: (1) that acknowledgment before the proper officer was made by the person who completed the document; (2) the place where the acknowledgment took place; and (3) the name and authority of the officer. The certificate may be on the document itself or may be attached to it as a separate instrument.
acknowledgment n. the section at the end of a document where a notary public verifies that the signer of the document states he/she actually signed it. Typical language is: "State of Texas, County of Deaf Smith: (signed and sealed) On July 1, 1994, before me, a notary public for said state, personally appeared James Fifield, personally known to me, or proved to be said person by proper proof, and acknowledged that he executed the above Deed." Then the notary signs the acknowledgment and puts on his/her seal, which is usually a rubber stamp, although some still use a metal seal. The person acknowledging that he/she signed must be ready to produce a driver's license or other proof of existence, and must sign the notary's journal. The acknowledgment is vital for any document which must be recorded by the County Recorder or Recorder of Deeds, including deeds, deeds of trust, mortgages, powers of attorney that may involve real estate, some leases and various other papers.
acknowledgment (Acceptance), noun accession, acquiescence, admittance, agreement, answer, assent, compliance, concession, concurrence, endorsement, recognition, replication, reply, response, verification
Associated concepts: acknowledgment to an offeracknowledgment (Avowal), noun admission, affirmation, assertion, asseveration, authentication, avowance, certification, confessio, confession, confirmation, formal declaration, statement, validation
Associated concepts: acknowledgment in a deposition, accnowledgment of a conveyance, acknowledgment of a debt, acknowledgment of a deed, acknowledgment of a mortgage, acknowledgment of a will, acknowledgment of an illegitimate child, acknowledgment of indebtedness, accnowledgment of liability, certificate of acknowledgment, public acknowledgmentSee also: acceptance, acquiescence, admission, adoption, affirmance, affirmation, answer,Microsoft Office 2010 Key, approval, assent, asseveration, attribution, avouchment, avowal, charter, common knowledge,Office 2007 Serial, compromise, concession, confession, confirmation, consensus, consent, corroboration, disclosure, expiation, grant, honorarium, ratification, recognition, recognizance, reply, requital, response, reward, sanction
ACKNOWLEDGMENT, conveyancing. The act of the grantor going before a competent officer, and declaring the instrument to be his act or deed, and desiring the same to be recorded as such. The certificate of the officer on the instrument, that such a declaration has been made to him, is also called an acknowledgment. The acknowledgment or due proof of the instrument by witnesses, must be made before it can be put upon record.
2. Below will be found the law of the several states relating to the officer before whom the acknowledgment must be made. Justice requires that credit should be here given for the valuable information which has been derived on this subject from Mr. Hilliard's Abridgment of the American Law of Real Property, and from Griffith's Register. Much valuable information has also been received on this subject from the correspondents of the author.
3. Alabama. Before one of the judges of the superior court, or any one of the justices of the county court; Act of March 3, 1803; or before any one of the superior judges or justices of the quorum of the territory (state); Act of Dec. 12, 1812; or before the clerks of the circuit and county courts, within their respective counties; Act of Nov. 21, 1818; or any two justices of the peace; Act of Dec. 17, 1819; or clerks of the circuit courts, for deeds conveying lands anywhere in the state; Act of January 6, 1831; or before any notary public, Id, sec. 2; or before one justice of the peace; Act of January 5, 1836; or before the clerks of the county courts; Act of Feb. 1, 1839; See Aiken's Dig. 88, 89, 90, 91, 616; Meek's Suppl. 86.
4. When the acknowledgment is out of the state, in one of the United States or territories thereof, it may be made before the chief justice or any associate judge of the supreme court of the United States, or any judge or or justice of the superior court of any state, or territory in the Union. Aiken's Dig. 89.
5. When it is made out of the United States, it may be made before and certified by any court of law, mayor or other chief magistrate of any city, borough or corporation of the kingdom, state, nation, or colony, where it is made. Act of March 3,1803.
6. When a feme covert is a grantor, the officer must certify that she was examined "separately and apart from her said husband and that on such private examination, she acknowledged that she signed, sealed and delivered the deed as her voluntary act and deed, freely and without any threat, fear, or compulsion, of her said husband."
7. Arkansas. The proof or acknowledgment of every deed or instrument of writing for the conveyance of real estate, shall be taken by some one of the following courts or officers: 1. When acknowledged or proven within this state, before the supreme court, the circuit court, or either of the judges thereof, or of the clerk of either of the said courts, or before the county court, or the judge thereof, or before an justice of the peace or notary public.
8.-2. When acknowledged or proven without this state, and within the United States or their territories, before any court of the United States, or of any state or territory having a seal, or the clerk of any such court, or before the mayor of any city or town, or the chief officer of any city or town having a seal of office.
9.-3.When acknowledged or proven without the United States, before any court of any state, kingdom or empire having a seal, or any mayor or chief officer of any city or town having an official seal, or before any, officer of any foreign country, who by the laws of such country, is authorized to take probate of the conveyance of real estate of his own country, if such officer has by law an official seal.
10. The conveyance of any real estate by any married woman, or the relinquishment of her dower in any of her husband's real estate, shall be authenticated, and the title passed, by such married woman voluntarily appearing before the proper court or officer, and, in the absence of her husband, declaring that she had of her own free will executed the deed or instrument in question, or that she had signed and sealed the relinquishment of dower for the purposes therein contained and set forth, without any compulsion or undue influence of her husband. Act of Nov. 30, 1837, s. 13, 21; Rev. Stat. 190, 191.
11. In cases of acknowledgment or proof of deeds or conveyances of real estate taken within the United States or territories thereof, when taken before a court or officer, having a seal of office, such deed or conveyance shall be attested under such seal of office; and if such officer have no seal of office, then under the official signature of such officer, Idem, s. 14; Rev. Stat. 190.
12. In all cases of deeds, and conveyances proven or acknowledged without the United States or their territories, such acknowledgment or proof must be attested under the official seal of the court or officer before whom such probate is had. Idem, s. 15.
13. Every court or officer that shall take the proof or acknowledgment of any deed or conveyance of real estate, or the relinquishment of dower of any married woman in any conveyance of the estate of her husband, shall grant a certificate thereof, and cause such certificate to be endorsed on the said deed, instrument, conveyance or relinquishment of dower, which certificate shall be signed by the clerk of the court where the probate is taken in court, or by the officer before whom the same is taken and sealed, if he have a seal of office. Idem, s. 16.
14. Connecticut. In this state, deeds must be acknowledged before a judge of the supreme or district court of the United States, or the supreme or superior court, or court of common pleas or county court of this state, or a notary public.
15. When the acknowledgment is made in another state or territory of the United States, it must be before some officer or commissioner having power to take acknowledgments there.
16. When made out of the United States before a resident American consul, a justice of the peace, or notary public, no different form is used, and no different examination of a feme covert from others. See Act of 1828; Act of 1833; 1 Hill. Ab. c. 34, s. 82.
17. Delaware. Before the supreme court, or the court of common pleas of any county, or a judge of either court, or the chancellor, or two justices of the peace of the same county.
18. The certificate of an acknowledgment in court must be under the seal of the court.
19. A feme covert may also make her acknowledgment before the same officers, who are to examine her separately from her husband.
20. An acknowledgment out of the state, may be made before a judge of any court of the United States, the chancellor or judge of a court of record, of the said court itself, or the chief officer of a city or borough, the certificate to be under the official seal; if by a judge, the seal to be affixed to his certificate, or to that of the clerk or keeper of the seal. Commissioners appointed in other states may also take acknowledgments. 2 Hill. Ab. 441 ; Griff. Reg. h.t.
21. Florida. Deeds and mortgages must be acknowledged within the state before the officer authorized by law to record the same, or before some judicial officers of this state. Out of the state, but within some other state or territory of the United States, before a commissioner of Florida, appointed under the act passed January 24, 1831; and where there is no commissioner, or he is unable to attend) before the chief justice, judge, presiding judge, or president of any court of record of the United States or of any state or territory thereof having a seal and a clerk or prothonotary. The certificate must show, first, that the acknowledgment was taken within the territorial jurisdiction of the officer; secondly, the court of which he is such officer. And it must be accompanied by the certificate of the clerk or prothonotary of the court of which he is judge, justice or president, under the seal of said court that he is duly appointed and authorized as such. Out of the United States. If in Europe, or in North or South America, before. any minister plenipotentiary, or minister extraordinary, or any charge d'affaires, or consul of the United States, resident or accredited there. If in any part of Great Britain and Ireland, or the dominions thereunto belonging, before the consul of the United States, resident or accredited therein, or before the mayor or other chief magistrate of London, Bristol, Liverpool, Dublin or Edinburgh, the certificate to be under the hand and seal of the officer. In any other place out of the United States, where there is no public minister, consul or vice consul, commercial agent or vice commercial agent of the United States, before two subscribing witnesses and officers of such place, and the identity of such civil officer and credibility, shall be certified by a consul or vice consul of the United States, of the government of which such place is a part.
22. The certificate of acknowledgment of a married, woman must state that she was examined apart from her husband, that she executed such deeds, &c., freely and without any fear or compulsion of her husband.
23. Georgia. Deeds of conveyance of land in the state must be executed in the presence of two witnesses, and proved before a justice of the peace, a justice of the inferior court, or one of the judges of the superior courts. If executed in the presence of one witness and a magistrate, no probate is required. Prince's Dig. 162; 1 Laws of Geo. 115.
24. When out of the state, but in the United States, they may be proved by affidavit of one or more of the witnesses thereto, before any governor, chief justice, mayor, or other justice, of either of the United States, and certified accordingly, and transmitted under the common or public seal of the state, court, city or place, where the same is taken. The affidavit must express the place of the affiant's abode. Idem.
25. There is no state law, directing how the acknowledgment shall be made when it is made out of the United States.
26. By an act of the legislature passed in 1826, the widow is barred, of her dower in all lands of her deceased husband, that he aliens or conveys away during the coverture, except such lands as he acquired by his intermarriage with his wife; So that no relinquishment of dower by the wife is necessary, unless the lands came to her husband by her. Prince's Dig.249; 4 Laws of Geo. 217. The magistrate should certify that the wife did declare that freely, and without compulsion, she signed, sealed and delivered the instrument of writing between the parties, naming them and that she did renounce all title or claim to dower that she might claim or be entitled to after death of her husband, (naming him.) 1 Laws of. Geo. 112; Prince's Dig. 160.
27. Indiana. Before the recorder of the county in which the lands may, be situate, or one of the judges of the supreme court of this state, or before one of the judges of the circuit court, or some justice of the peace of the county within which the estate may be situate, before notaries public, or before probate judges. Ind. Rev. Stat. c. 44, s. 7; Id. eh. 74; Act of Feb. 24, 1840.
28. All deeds and conveyances made and executed by any person without this state and brought within it to be recorded, the acknowledgment having been lawfully made before any judge or justice of the peace of the proper county in which such deed may have been made and executed, and certified under the seal of such county by the proper officer, shall be valid and effectual in law. Rev. Code, c. 44, s. 11 App. Jan. 24, 1831.
29. When acknowledged by a feme covert, it must be certified that she was examined separate and apart from her husband; that the full contents of the deed were made known to her; that she did then and there declare that she had, as her own voluntary act and deed, signed, sealed and executed the said deed of her own free will and accord, without any fear or compulsion from her said husband.
30. Illinois. Before a judge or justice of the supreme or district courts of the United States, a commissioner authorized to take acknowledgments, a judge or justice of the supreme, superior or district court of any of the United States or territories, a justice of the peace, the clerk of a court of record, mayor of a city, or notary public; the last three shall give a certificate under their official seal.
31. The certificate must state that the party is known to the officer, or that his identity has been proved by a credible witness, naming him. When the acknowledgment is taken by a justice of the peace of the state, residing in the county where the lands lie, no other certificate is required than his own; when he resides in another county, there shall be a certificate of the clerk of the county commissioners court of the proper county, under seal, to his official capacity.
32. When the justice of the peace taking the acknowledgment resides out of the state, there shall be added to the deed a certificate of the proper clerk, that the person officiating is a justice of the peace.
33. The deed of a feme covert is acknowledged before the same officers. The certificate must state that she is known to the officer, or that her identity has been proved by a witness who must be named; that the officer informed her of the contents of the deed; that she was separately examined; that she acknowledged the execution and release to be made freely, voluntarily, and without the compulsion of her husband.
34. When the husband and wife reside in the state, and the latter is over eighteen years of age, she may convey her lands, with formalities substantially the same as those used in a release of dower; she acknowledges the instrument to be her act and deed, and that she does not wish to retract.
35. When she resides out of the state, if over eighteen, she may join her husband in any writing relating to lands in the state, in which case her acknowledgment is the same as if she were a feme sole. Ill. Rev. L. 135-8; 2 Hill Ab. 455, 6.
36. Kentucky. Acknowledgments taken in the State must be before the clerk of a county court, clerk of the general court, or clerk of the court of appeals. 4 Litt. L. of K. 165 ; or before two justices of the peace, 1 Litt. L. of K. 152.; or before the mayor of the city of Louisville. Acts of 1828, p. 219, s. 12.
37. When in another state or territory of the United States, before two justices of the peace, 1 Litt. L. of K. 152; or before any court of law, mayor, or other chief magistrate of any city, town or corporation of the county where the grantors dwell, Id. 567; or before any justice or judge of a superior or inferior court of law. Acts of 1831, p. 128.
38. When made out of the United States, before a mayor of a city, or consul of the U. S. residing there' or, before the chief, magistrate of such state or country, to be authenticated in the usual manner such officers authenticate the official act's. Acts of 1831, p. 128, s. 5.
39. When a feme covert acknowledges the deed, the certificate must state that she was examined by the officer separate and apart from her husband, that she declared that she did freely and willingly seal and deliver the said writing, and wishes not to retract it, and acknowledged the said writing again shown and explained to her, to be her act and deed, and consents that the same may be recorded.
40. Maine. Before a justice of the peace in this state, or any justice of the peace, magistrate, or notary public, within the United States, or any commissioner appointed for that purpose by the governor of this state, or before any minister or consul of the United States, or notary public in any foreign country. Rev. St. t. 7, c. 91, 7; 6 Pick. 86.
41. No peculiar form for the certificate of acknowledgment is prescribed; it is required that the husband join in the deed. "The joint deed of husband and wife shall be effectual to convey her real estate, but not to bind her to any covenant or estoppel therein." Rev. St. t. 7, c. 91, Sec. 5.
42. Maryland. Before two justices of the peace of the county where the lands lie, or where the grantor lives, or before a judge of the county court of the former county, or the mayor of Annapolis for Anne Arundel county. When the acknowledgment is made in another county than that in which the lands are situated, an in which the party Eves, the clerk of the court must certify under the court seal, the official capacity of the acting justices or judge.
43. When the grantor resides out of the state, a commission issues on, application of the purchaser, and with the written consent of the grantor, from the clerk of the county court where the land lies, to two or more commissioners at the grantee's residence; any two of whom may take the acknowledgment, and shall certify it under seal and return the commission to be recorded with the deed; or the grantor may empower an attorney in the state to acknowledge for him, the power to be incorporated in the deed, or annexed to it, and proved by a subscribing witness before the county court, or two justices of the peace where the land lies, or a district judge, or the governor or a mayor, notary public, court or judge thereof, of the place where it is executed; in each case the certificate to be under an official seal. By the acts of 1825, c. 58, and 1830, c. 164 the acknowledgment in another state may be before a judge of the U. S. or a judge of a court of record of the state. and county where the grantor may be the clerk to certify under seal, the official character of the magistrate.
44. By the act of 1837, c. 97, commissioners may be appointed by authority of the state, who shall reside in the other states or territories of the United States who shall be authorized to take acknowledgment of deeds. The act of 1831, c. 205, requires that the officer shall certify knowledge of the parties.
45. The acknowledgment of a feme covert must be made separate and apart from her husband. 2 Hill. Ab. 442; Griff. Reg. h.t. See also, 7 Gill & J. 480; 2 Gill. & J. 173 6 Harr. & J. 336; 3 Harr. & J.371 ; 1 Harr. & J. 178; 4 Harr. & M'H. 222.
46. Massachusetts. Before a justice of the peace or magistrate out of the state. It has been held that an American consul at a foreign port, is a magistrate. 13 Pick. R. 523. An acknowledgment by one of two grantors has been held, sufficient to authorize the registration of a deed; and a wife need not, therefore, acknowledge the conveyance when she joins with her husband. 2 Hill. Ab. c. 34, s. 45.
47. Michigan. Before a judge of a court of record, notary public, justice of the peace, or master in chancery; and in case of the death of the grantor, or his departure from the state, it may be proved by one of the subscribing witnesses before any court of record in the state. Rev. St. 208 Laws of 1840, p. 166.
48. When, the deed is acknowledged out of the state of Michigan, but in the United States, or an of the territories of the U. S., it is to be acknowledged according to the laws of such state or territory, with a certificate of the proper county clerk, under his seal of office, that such deed is executed according to the laws of such state or territory, attached thereto.
49. When acknowledged in a foreign country, it may be executed according to the laws of such foreign country, but, it must in such. case, be acknowledged before a minister plenipotentiary, consul, or charge d'affaires of the United States and the acknowledgment must be certified by the officer before whom the same was taken. Laws of 1840, p. 166, sec. 2 and 3.
50. When the acknowledgment is made by a feme covert, the certificate must state that on a private examination of such feme' covert, separate and apart from her husband, she acknowledged that she executed the deed without fear or compulsion from any one. Laws of 1840, p. 167, sec. 4.
51. Mississippi. When in the state, deeds may be acknowledged, or proved by one or more of the subscribing witnesses to them, before any judge of the high court of errors and appeals, or a judge of the circuit courts, or judge of probate, and certified by such judge; or before any notary public, or clerk of any court of record in this state, and certified by such notary or clerk under the seal of his office; How. & Hutch. c. 34, s. 99, p. 868, Law of 1833 ; or before any justice of that county, where the land, or any part thereof, is situated; Ib. p. 343, s. 1, Law of 1822; or before any, member of the board of police, in his respective county. Ib. p. 445, c. 38, s. 50, Law of 1838.
52. When in another state or territory of the United States, such deeds must be acknowledged, or proved as aforesaid, before a judge of the supreme court or of the district courts of the United States, or before any judge of the supreme or superior court of any state or territory in the Union; How. & Hutch. 846) c. 34, s. 13, Law of 1832; or before and certified by any judge of any inferior or county court of record, or before any justice of the peace of the state or territory and county, wherein such person or witness or witnesses may then be or reside, and authenticated by the certificate of the clerk or register of the superior county or circuit court of such county, with a seal of his office thereto affixed; or if taken before or certified by a justice of the peace, shall be authenticated by the certificate of either the clerk of the Said inferior or county court of record of such county, with the seal of his office thereto affixed. Laws of Mississippi, Jan. 27, 1841, p. 132.
53. When out of the United States, such acknowledgment, or proof as, aforesaid, must be made before an court of law, or mayor, or other chief magistrate of any city, borough or corporation of such foreign kingdom, state, nation, or colony, in which the said parties or witnesses reside; certified by the court, mayor, or chief magistrate, in a manner such acts are usually authenticated by him. How. & Hutch, 346, c. 34, s. 14, Law of 1822.
54. When made by a feme covert, the certificate must state that she made previous acknowledgment, on a private examination, apart from her husband before the proper officer, that she sealed and delivered the same as her act and deed, freely, without any fear, threat or compulsion of her husband. How. & Hutch. 347, c. 34, s. 19, Law of 1822.
55. Missouri. In the state, before some court having a seal, or some judge, justice or clerk thereof, or a justice of the peace in the county where the land lies. Rev. Code, 1835, Sec. 8, p. 120.
56. Out of the state, but in the United States, before any court of the United States, or of any state or territory, having a seal, or the clerk thereof. Id. cl. 2.
57. Out of the United States, before any court of any state, kingdom or empire having a seal, or the mayor of any city having an official seal.
58. Every court or officer taking the acknowledgment of such instrument or relinquishment of dower or the deed of the wife of the husband's land, shall endorse a certificate thereof upon the instrument; when made before a court, the certificate shall be under its seal; if by a clerk, under his band and the seal of the court; when before an officer having an official seal, under his hand and seal; when by an officer having no seal, under his hand. The certificate must state that the party was personally known to the judge or other officer as the signer, or proved to be such by two credible witnesses. Misso. St. 120-122 ; 2 Hill. Ab. 453; Griff. h.t.
59. When the acknowledgment is made by a feme covert, releasing her dower, the certificate must state that she is personally known to a judge of the court, or the officer before whom the deed is acknowledged, or that, her identity was proved by two credible witnesses; it must also state that she was informed of the contents of the deed; that it was acknowledged separate and apart from her husband; that she releases her dower freely without compulsion or undue conveyance of her own lands, the acknowledgment may be made before any court authorized to take acknowledgments. It must be done as in the cases of release of dower, and have a similar certificate. Ib.
60. New Hampshire. Before a justice of the peace or a notary public; and the acknowledgment of a deed before a notary public in another state is good. 2 N. H. Rep. 420 2 Hill. Ab. c. 34, s. 61.
61. New Jersey. In the state, before the chancellor, a justice of the supreme court of this state, a master in chancery, or a judge of any inferior court of common pleas, whether in the same or a different county; Rev. Laws, 458, Act of June 7, 1799 ; or before a commissioner for taking the acknowledgments or proofs of deeds, two of whom are appointed by the legislature in each township, who are authorized to take acknowledgments or proofs of deeds in any part of the state. Rev. Laws, 748, Act of June 5, 1820.
62. In another state or territory of the United States, before a judge of the supreme court of the United States, or a district judge of the United States, or any judge or justice of the supreme or superior court of any state in the Union; Rev. Laws, 459, Act of June 7, 1799; or before a mayor or other chief magistrate of any city in any other state or territory of the U. S., and duly certified under the seal of such city; or before a judge of any, superior court, or court of common pleas of any state or territory; when, taken before a judge of a court of common pleas, it must be accompanied by a certificate under the great seal of the state, or the seal of the county court in which it is made, that he is such officer; Rev. Laws, 747, Act of June 5, 1820; or before a commissioner appointed by the governor, who resides in such state; Harr. Comp. 158, Act of December 27, 1826; two of whom may be appointed for each of the States of New York and Pennsylvania. Elmer's Dig. Act of Nov. 3, 1836.
63. When made out of the United States, the acknowledgment may be before any court of law, or mayor, or other magistrate, of any city, borough or corporation of a foreign kingdom, state, nation or colony, in which the party or his witnesses reside, certified by the said court, mayor, or chief magistrate, in the manner in which such acts are usually authenticated by him. Rev. Laws, 459, Act of June 7, 1799. The certificate in all cases must state that the officer who makes it, first made known the contents of the deed to the person making the acknowledgment, and that he was satisfied such person was the grantor mentioned in the deed.Rev. Laws, 749, Act of June 5, 1820.
64. When the acknowledgment is made by a feme covert, the certificate must state that on a private examination, apart from her husband, before a proper officer, (ut supra,) she acknowledged that she signed, sealed, and delivered the deed, as her voluntary act and deed, freely, without any fear, threats or compulsion of her husband. Rev. Laws, 459, Act of June 7, 1799..
65. New York. Before the chancellor or justice of the supreme court, circuit judge, supreme court commissioner, judge of the county court, mayor or recorder of a city, or, commissioner of deeds; a county judge or commissioner of deeds for a city or county, not to act out of the same.
66. When the party resides in another state, before a judge of the United States, or a judge or justice of the supreme, superior or circuit court of any state or territory of the United States, Within his own jurisdiction. By a statute passed in 1840, chap. 290, the governor is authorized to appoint commissioners in other states, to take the acknowledgment and proof of deeds and other instruments.
67. When the party is in Europe or other parts of America, before a resident minister or charge d'affaires of the United States; in France, before the United States consul at Paris; in Russia, before the same officer at St. Petersburg; in the British dominions, before the Lord Mayor of London, the chief magistrate of Dublin, Edinburgh, or Liverpool, or the United States consul at London. The certificate to be under the hand and official seal of such officer. It may also be made before any person specially authorized by the court of chancery of this state.
68. The officer must in all cases be satisfied of the identity of the party, either from his own knowledge or from the oath or affirmation of a witness, who is to be named in the certificate.
69. A feme covert must be privately examined; but if out of the state this is unnecessary. 2 Hill. Ab. 434; Griff. Reg. h.t.
70. By the act passed April 7, 1848, it is provided, that: Sec. 1. The proof or acknowledgment of any deed or other written, instrument required to be proved or acknowledged, in order to entitle the same to be recorded or read in evidence, when made by any person residing out of this state and within any other state or territory of the United States, may be made before any officer of such state or territory, authorized by the laws thereof to take the proof and acknowledgment of deeds and when so taken and certified as by the act is provided, shall be entitled to be recorded in any county in this state, and may be read in evidence in any court in this state, in the same manner and with like effect, as proofs and acknowledgments taken before any of the officers now authorized by law to take such proofs and acknowledgments: Provided that no such acknowledgment shall be valid unless the officer taking the same shall know or have satisfactory evidence that the person making such acknowledgment is the individual described in, and who executed the deed or instrument.
71.-2. To entitle any conveyance or other written instrument acknowledged or proved under the preceding section, to be read in evidence or recorded in this state, there shall be subjoined to the certificate of proof or acknowledgment, signed by such officer, a certificate under the name and official seal of the clerk or register of the county in which such officer resides, specifying that such officer was at the time of taking such proof or acknowledgment, duly authorized to take the same, and that such clerk or register is well acquainted with the handwriting of such officer, and verily believes that the signature to said certificate of proof and acknowledgment, is genuine.
72. North Carolina. The acknowledgment or proof of deeds for the conveyance of lands, when taken or made in the state, must be before one of the judges of the supreme court, or superior court, or in the court of the county where the land lieth. 1 Itev. Stat. c. 37, s.. 1.
73. When in another state or territory of the United States, or the District of Columbia, the deed must be acknowledged, or proved, before some one of the judges of the superior courts of law, or circuit courts of law of superior jurisdiction, within the said state, &c., with a certificate of the governor of the said state or territory, or of the secretary of state of the United States, when in the District of Columbia, of the official character of the judge; or before a commissioner appointed by the governor of this state according to law. 1 Rev. Stat. c. 37, s. 5.
74. When out of the United States, the deeds must be acknowledged, or proved, before the chief magistrate of some city, town, or corporation of the countries where the said deeds were executed; or before some ambassador, public minister, consul, or commercial agent, with proper certificate under their official seals; 1 Rev. Stat. c. 37 s. 6. and 7; or before a commissioner in such foreign country, under a commission from the county court where the land lieth. See. 8.
75. When acknowledged by a feme covert, the certificate must state that she was privily examined by the proper officer,Microsoft Office Ultimate 2007, that she acknowledged the due execution of the deed, and declared that she executed the same freely, voluntarily, and without the fear or compulsion of her husband, or any other person, and, that she then assented thereto. When she is resident of another county, or so infirm that she cannot travel to the judge, or county court, the deed may be acknowledged by the husband, or proved by witnesses, and a commission in a prescribed form may be issued for taking the examination of the wife. 1 Rev. Stat. c. 37, s. 6, 8, 9, 10, 11, 13, and 14.
76. Ohio. In the state, deeds and other instruments affecting lands must be acknowledged before a judge of the supreme court, a judge of the court of common pleas, a justice of the peace, notary public, mayor, or other presiding officer of an incorporated town or city. Ohio Stat. vol. 29, p. 346, Act of February 22, 1831, which went in force June 1, 1831 Swan's Coll. L. 266, s. 1.
77. When made out of the state, whether in another state or territory, or out of the U. S., they must be acknowledged, or proved, according to the laws of the state, territory or country, where they are executed, or according to the laws of the state of Ohio. Swan's Coll. L. 265, 8. 5.
78. When made by a feme covert, the certificate must state that she was examined by the officer, separate and apart from her husband, and the contents of the deed were fully made known to her; that she did declare upon such separate examination, that she voluntarily sign, seal, and acknowledge the same, and that she is still satisfied therewith.
79. Pennsylvania. Before a judge of the supreme court, or of the courts of common pleas, the district courts, or before any mayor or alderman, or justice of the peace of the commonwealth, or before the recorder of the city of Philadelphia.
80. When made out of the state, and within the United States, the acknowledgment may be before one of the judges of the supreme or district courts of the United States, or before an one of the judges or justices of the supreme or superior courts, or courts of common pleas of any state or territory within the United States; and so certified under the hand of the said judge, and the seal of the court. Commissioners appointed by the governor, residing in either of the United States or of the District of Columbia, are also authorized to take acknowledgment of deeds.
81. When made out of the United States, the acknowledgment may, be made before any consul or vice-consul of the United States, duly appointed for and exercising consular functions in the state, kingdom, country or place where such an acknowledgment may be made, and certified under the public or official seal of such consul or vice-consul of the United States. Act of January 16, 1827. By the act May 27th, 1715, s. 4, deeds made out of the province [state] may be proved by the oath or solemn affirmation of one or more of the witnesses thereunto, before one or more of the justices of the peace of this province [state], or before any mayor or chief magistrate or officer of the cities, towns or places, where such deed or conveyances are so proved. The proof must be certified by the officer under the common or public seal of the cities, towns, or places where such conveyances are so proved. But by construction it is now established that a deed acknowledged before such officer is valid, although the act declares it shall be proved. 1 Pet. R. 433.
82. The certificate of the acknowledgment of a feme covert must state, 1, that she is of full age; 2, that the contents of the instrument have been made known to her; 3, that she has been examined separate and apart from her 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 constant practice of making the certificate, under seal, though if it be merely under the hand of the officer, it will be sufficient. Act of Feb. 19, 1835.
83. By the act of the 16th day of April, 1840, entitled "An act incorporating the Ebenezer Methodist Episcopal congregation for the borough of Reading, and for other purposes," Pamph. Laws, 357, 361, it is provided by Sec. 15, "That any and every grant, bargain and sale, release, or other deed of conveyance or assurance of any lands, tenements, or hereditaments in this commonwealth, heretofore bona fide made, executed and delivered by husband and wife within any other of the United States, where the acknowledgment of the execution thereof has been taken, and certified by any officer or officers in any of the states where made and executed, who, was, or were authorized by the laws of such state to take and certify the acknowledgment of deeds of conveyance of lands therein, shall be deemed and adjudged to be as good, valid and effectual in law for transferring, passing and conveying the estate, right, title and interest of such husband and wife of, in, and to the lands; tenements and hereditaments therein mentioned, and be in like manner entitled to be recorded, as if the acknowledgment of the execution of the same deed had been in the same and like way, manner and form taken and certified by any judge, alderman, or justice of the peace, of and within this commonwealth. Sec. 16. That no grant, bargain and sale, feoffment, deed of conveyance, lease, release, assignment, or other assurance of any lands, tenements and hereditaments whatsoever, heretofore bona fide made and executed by husband and wife, and acknowledged by them before some judge, justice of the peace, alderman, or other officer authorized by law, within this state, or an officer in one of the United States, to take such acknowledgment, or which may be so made, executed and acknowledged as aforesaid, before the first day of January next, shall be deemed, held or adjudged, invalid or, defective, or insufficient in law, or avoided or prejudiced, by reason of any informality or omission in setting forth the particulars of the acknowledgment made before such officer, as aforesaid, in the certificate thereof, but all and every such grant, bargain and sale, feoffment, deed of conveyance, lease, release, assignment or other assurance so made, executed and acknowledged as aforesaid, shall be as good, valid and effectual in law for transferring, passing and conveying the estate, right, title and interest of such husband and wife of, in, and to the lands, tenements and hereditaments mentioned in the same, as if all the requisites and particulars of such acknowledgment mentioned in the act, entitle an act for the better confirmation of the estates of persons holding or claiming under feme coverts, and for establishing a mode by which husband and wife may hereafter convey their estates, passed the twenty-fourth day of February, one thousand seven hundred and seventy, were particularly set forth in the certificate thereof, or appeared upon the face of the same." 84. By the act of the 3d day of April, 1840, Pamph. L. 233, it is enacted, "That where any deed, conveyance, or other instrument of writing has been or shall be made and executed, either within or out of this state, and the acknowledgment or proof thereof, duly certified, by any officer under seal, according to the existing laws of this commmonwealth, for the purpose of being recorded therein, such certificate shall be deemed prima facie evidence of such execution and acknowledgment, or proof,Office 2010 Professional Plus, without requiring proof of the said seal, as fully, to all intents and purposes, and with the same effect only, as if the same had been so acknowledged or proved before any judge, justice of the peace, or alderman within this commonwealth." 85. The act relating to executions and for other purposes, passed 16th April, 1840, Pamph. L. 412, enacts, Sec. 7, " That the recorders of deeds shall have authority to take the acknowledgment and proof of the execution of any deed, mortgage, or other conveyance of any lands, tenements, or hereditaments lying or being in the county, for which they are respectively appointed as recorders of deeds, or within every city, district, or part thereof, or for any contract, letter of attorney, or any other writing, under seal, to be used or recorded within their respective counties and such acknowledgment or proof, taken or made in the manner directed by the laws of this state, and certified by the said recorder, under his hand and seal of office; which certificate shall be endorsed or annexed to said deed or instrument aforesaid, shall have the same force and effect, and be as good and available in law, for all purposes, as if the same had been made or taken before any judge of the supreme court, or president or associate judge of any of the courts of common pleas within this commonwealth." 86. Rhode Island. Before any senator, judge, justice of the peace, or town clerk. When the acknowledgment is made in another state or country, it must be before a judge, justice, mayor or, notary public therein, and certified under his hand and seal. 87. A wife releasing dower need not acknowledge the deed; but to a conveyance an acknowledgment and private examination are necessary. 2 Hill. Ab. c. 34, s. 94. 88. South Carolina. Before a judge of the supreme court. A feme covert may release her dower or convey her own estate, by joining with her hushand in a deed, and being privately examined, in the latter case, seven days afterwards, before a judge of law or equity, or a justice of the quorum; she may also release dower by a separate deed. 89. The certificate of the officer is under seal and signed by the woman. Deeds may be proved upon the oath of one witness before a magistrate, and this is said to be the general practice. 90. When the deed is to be executed out of the state, the justices of the county where the land lies, or a judge of the court of common pleas, may by dedimus empower two or more justices of the county where the grantor resides, to take his acknowledgment upon the oath of two witnesses to the execution. 2 Hill. Ab. 448, 9; Griff. Reg. b. t. 91. Tennessee. A deed or power of attorney to convey land must be acknowledged or proved by two subscribing witnesses, in the court of the county, or the court of the district where the land lies. The certificate of acknowledgment must be endorsed upon the deed by the clerk of the court. 93. The acknowledgment of a feme covert is made before a court of record in the state, or, if the parties live out of it, before a court of record iu another state or territory; and if the wife is unable to attend court, the acknowledgment may be before commissioners empowered by the court of the county in which the husband acknowledges the commission to be returned certified with the court seal, and recorded. 94. In all these cases the certificate must state that the wife has been privately examined. The seal of the court is to be annexed when the deed is to be used out of the state, when made in it, and vice versa; in which case there is to be a seal and a certificate of the presiding judge or justice to the official station, of the clerk, and the due formality of the attestation. By the statute of 1820, the acknowledgment in other states may be conformable to the laws of the state, in which the grantor resides. 95. By the act of 1831, c,Office 2007 Activation Key, 90, s. 9, it is provided, that all deeds or conveyances for land made without the limits of this state, shall be proved as heretofore, or before a notary public under his seal of office. Caruthers & Nicholson's Compilation of the Stat. of Tenn. 593. 96. The officer must certify that he is acquainted with the grantor, and that he is an inhabitant of the state. There must also be a certificate of the governor or secretary under the great seal, or a judge of the superior court that the acknowledgment is in due form. Griff. Reg. h.t.; 2 Hill. Ab. 458. 97. By an act passed during the session of 1839-1840, chap. 26, it is enacted, "1. That deeds of every description may be proved by two subscribing witnesses, or acknowledged and recorded, and may then be read in evidence. 2. That deeds executed beyond the limits of the United States may be proved or acknowledged before a notary public, or before any consul, minister, or ambassador of the United States, or before a commissioner of the state. 3. That the govornor may appoint commissioners in other states and in foreign countries for the proof, &c. of deeds. 4. Affidavits taken as above, as to pedigree or heirship, may be received as evidence, by executors or administrators, or in regard to the partition and distribution of property or estates." See 2 Yerg. 91, 108, 238, 400, 520; 3 Yerg. 81; Cooke, 431. 98. Vermont. 1. All deeds and other conveyances of lands, or any estate or interest therein, shall be signed and sealed by the party granting the same, and signed by two or more witnesses, and acknowledged by the grantor, before a justice of the peace. Rev. Stat. tit. 14, c. 6, s. 4. 99. Every deed by the husband and wife shall contain an acknowledgment by the wife, made apart from her husband, before a judge of the supreme court, a judge of the county court, or some justice of the peace, that she executed such conveyance freely, and without any fear or compulsion of her husband; a certificate of which acknowledgment, so taken, shall be endorsed on the deed by the authority taking the same. Id. s. 7. 100.-2. All deeds and other conveyances, and powers of attorney for the conveyance of lands, the acknowledgment or proof of which shall have been, or hereafter shall be taken without this state, if certified agreeably to the laws of the state, province, or kingdom in which it was taken, shall be as valid as though the same were taken before some proper officer or court, within this state; and the proof of the same may be taken, and the same acknowledged with like effect, before any justice of the peace, magistrate, or notary public, within the United States, or in any foreign country, or before any commissioner appointed for that purpose by the governor of this state, or before any minister, charge d'affaires, or consul of the United States in any foreign country and the acknowledgment of a deed a feme in the form required by covert, by this chapter may be taken by either of the said persons Id. 9. 101. Virginia. Before the general court, or the court of the district, county, city, or corporation where some part of the land lies; when the party lives out of the state or of the district or county where the land lies, the acknowledgment may be before any court of law, or the chief magistrate of any city, town, or corporation of the country where the party resides, and certified by him in the usual form. 102. When a married woman executes the deed, she appears in court and is examined privately by one of the judges, as to her freely signing the instrument, and continuing satisfied with it, the deed being shown and explained to her. She acknowledges the deed before the court, or else before two justices of the county where she dwells, or the magistrate of a corporate town, if she lives within the United States; these officers being empowered by a commission from the clerk of the court where the deed, is to be recorded, to examine her and to take her acknowledgment. If she is out of the United States, the commission authorizes two judges or justices of any court of law, or the chief magistrate of any city, town, or corporation, in her county, and is executed as by two justices in the United States. 103. The certificate is to be authenticated in the usual form. 2 Hill. Ab. 444, 5; Griff. Reg. h.t.; 2 Leigh's R, 186; 2 Call. R. 103 ; 1 Wash. R. 319.