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Bouvier's Law Dictionary, Revised 6th Edition (1856)

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, 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, 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, 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.