ACKNOWLEDGMENT

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ACKNOWLEDGMENT


ACKNOWLEDGMENT, conveyancing. The act of the grantor going before a competent officer, and declaring the instrument to be his act or deed, anddesiring the same to be recorded as such. The certificate of the officer onthe instrument, that such a declaration has been made to him, is also calledan acknowledgment. The acknowledgment or due proof of the instrument bywitnesses, must be made before it can be put upon record. 2. Below will be found the law of the several states relating to theofficer before whom the acknowledgment must be made. Justice requires thatcredit should be here given for the valuable information which has beenderived on this subject from Mr. Hilliard's Abridgment of the American Lawof Real Property, and from Griffith's Register. Much valuable informationhas also been received on this subject from the correspondents of theauthor. 3. Alabama. Before one of the judges of the superior court, or any oneof the justices of the county court; Act of March 3, 1803; or before any oneof 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 justicesof the peace; Act of Dec. 17, 1819; or clerks of the circuit courts, fordeeds conveying lands anywhere in the state; Act of January 6, 1831; orbefore 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 ofFeb. 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 UnitedStates or territories thereof, it may be made before the chief justice orany associate judge of the supreme court of the United States, or any judgeor 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 andcertified 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 ismade. Act of March 3,1803. 6. When a feme covert is a grantor, the officer must certify that shewas examined "separately and apart from her said husband and that on suchprivate examination, she acknowledged that she signed, sealed and deliveredthe 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 ofwriting for the conveyance of real estate, shall be taken by some one of thefollowing courts or officers: 1. When acknowledged or proven within thisstate, before the supreme court, the circuit court, or either of the judgesthereof, or of the clerk of either of the said courts, or before the countycourt, or the judge thereof, or before an justice of the peace or notarypublic. 8.-2. When acknowledged or proven without this state, and within theUnited 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 ortown having a seal of office. 9.-3.When acknowledged or proven without the United States, beforeany court of any state, kingdom or empire having a seal, or any mayor orchief 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, isauthorized to take probate of the conveyance of real estate of his owncountry, if such officer has by law an official seal. 10. The conveyance of any real estate by any married woman, or therelinquishment of her dower in any of her husband's real estate, shall beauthenticated, and the title passed, by such married woman voluntarilyappearing before the proper court or officer, and, in the absence of herhusband, declaring that she had of her own free will executed the deed orinstrument in question, or that she had signed and sealed the relinquishmentof dower for the purposes therein contained and set forth, without anycompulsion 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 realestate taken within the United States or territories thereof, when takenbefore a court or officer, having a seal of office, such deed or conveyanceshall be attested under such seal of office; and if such officer have noseal 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 acknowledgedwithout the United States or their territories, such acknowledgment or proofmust be attested under the official seal of the court or officer before whomsuch probate is had. Idem, s. 15. 13. Every court or officer that shall take the proof or acknowledgmentof any deed or conveyance of real estate, or the relinquishment of dower ofany married woman in any conveyance of the estate of her husband, shallgrant a certificate thereof, and cause such certificate to be endorsed onthe said deed, instrument, conveyance or relinquishment of dower, whichcertificate shall be signed by the clerk of the court where the probate istaken 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 ajudge of the supreme or district court of the United States, or the supremeor 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 theUnited States, it must be before some officer or commissioner having powerto take acknowledgments there. 16. When made out of the United States before a resident Americanconsul, 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 ofany county, or a judge of either court, or the chancellor, or two justicesof the peace of the same county. 18. The certificate of an acknowledgment in court must be under the sealof the court. 19. A feme covert may also make her acknowledgment before the sameofficers, who are to examine her separately from her husband. 20. An acknowledgment out of the state, may be made before a judge ofany court of the United States, the chancellor or judge of a court ofrecord, 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 beaffixed to his certificate, or to that of the clerk or keeper of the seal.Commissioners appointed in other states may also take acknowledgments. 2Hill. Ab. 441 ; Griff. Reg. h.t. 21. Florida. Deeds and mortgages must be acknowledged within the statebefore the officer authorized by law to record the same, or before somejudicial officers of this state. Out of the state, but within some otherstate or territory of the United States, before a commissioner of Florida,appointed under the act passed January 24, 1831; and where there is nocommissioner, or he is unable to attend) before the chief justice, judge,presiding judge, or president of any court of record of the United States orof any state or territory thereof having a seal and a clerk or prothonotary.The certificate must show, first, that the acknowledgment was taken withinthe territorial jurisdiction of the officer; secondly, the court of which heis such officer. And it must be accompanied by the certificate of the clerkor 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 assuch. Out of the United States. If in Europe, or in North or SouthAmerica, before. any minister plenipotentiary, or minister extraordinary, orany charge d'affaires, or consul of the United States, resident oraccredited there. If in any part of Great Britain and Ireland, or thedominions thereunto belonging, before the consul of the United States,resident or accredited therein, or before the mayor or other chiefmagistrate of London, Bristol, Liverpool, Dublin or Edinburgh, thecertificate to be under the hand and seal of the officer. In any otherplace out of the United States, where there is no public minister, consul orvice consul, commercial agent or vice commercial agent of the United States,before two subscribing witnesses and officers of such place, and theidentity of such civil officer and credibility, shall be certified by aconsul or vice consul of the United States, of the government of which suchplace is a part. 22. The certificate of acknowledgment of a married, woman must statethat 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 executedin 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 superiorcourts. If executed in the presence of one witness and a magistrate, noprobate 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 provedby affidavit of one or more of the witnesses thereto, before any governor,chief justice, mayor, or other justice, of either of the United States, andcertified accordingly, and transmitted under the common or public seal ofthe state, court, city or place, where the same is taken. The affidavitmust express the place of the affiant's abode. Idem. 25. There is no state law, directing how the acknowledgment shall bemade when it is made out of the United States. 26. By an act of the legislature passed in 1826, the widow is barred, ofher dower in all lands of her deceased husband, that he aliens or conveysaway during the coverture, except such lands as he acquired by hisintermarriage with his wife; So that no relinquishment of dower by the wifeis 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 declarethat freely, and without compulsion, she signed, sealed and delivered theinstrument of writing between the parties, naming them and that she didrenounce all title or claim to dower that she might claim or be entitled toafter 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, orbefore one of the judges of the circuit court, or some justice of the peaceof the county within which the estate may be situate, before notariespublic, 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 withoutthis state and brought within it to be recorded, the acknowledgment havingbeen lawfully made before any judge or justice of the peace of the propercounty in which such deed may have been made and executed, and certifiedunder the seal of such county by the proper officer, shall be valid andeffectual in law. Rev. Code, c. 44, s. 11 App. Jan. 24, 1831. 29. When acknowledged by a feme covert, it must be certified that shewas examined separate and apart from her husband; that the full contents ofthe deed were made known to her; that she did then and there declare thatshe had, as her own voluntary act and deed, signed, sealed and executed thesaid deed of her own free will and accord, without any fear or compulsionfrom her said husband. 30. Illinois. Before a judge or justice of the supreme or districtcourts of the United States, a commissioner authorized to takeacknowledgments, a judge or justice of the supreme, superior or districtcourt 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 lastthree 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. Whenthe acknowledgment is taken by a justice of the peace of the state, residingin the county where the lands lie, no other certificate is required than hisown; when he resides in another county, there shall be a certificate of theclerk of the county commissioners court of the proper county, under seal, tohis official capacity. 32. When the justice of the peace taking the acknowledgment resides outof the state, there shall be added to the deed a certificate of the properclerk, 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 heridentity has been proved by a witness who must be named; that the officerinformed 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 isover eighteen years of age, she may convey her lands, with formalitiessubstantially the same as those used in a release of dower; she acknowledgesthe instrument to be her act and deed, and that she does not wish toretract. 35. When she resides out of the state, if over eighteen, she may joinher husband in any writing relating to lands in the state, in which case heracknowledgment is the same as if she were a feme sole. Ill. Rev. L. 135-8; 2Hill Ab. 455, 6. 36. Kentucky. Acknowledgments taken in the State must be before theclerk of a county court, clerk of the general court, or clerk of the courtof appeals. 4 Litt. L. of K. 165 ; or before two justices of the peace, 1Litt. L. of K. 152.; or before the mayor of the city of Louisville. Acts of1828, p. 219, s. 12. 37. When in another state or territory of the United States, before twojustices 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 thecounty where the grantors dwell, Id. 567; or before any justice or judge ofa 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, orconsul of the U. S. residing there' or, before the chief, magistrate of suchstate or country, to be authenticated in the usual manner such officersauthenticate the official act's. Acts of 1831, p. 128, s. 5. 39. When a feme covert acknowledges the deed, the certificate must statethat she was examined by the officer separate and apart from her husband,that she declared that she did freely and willingly seal and deliver thesaid writing, and wishes not to retract it, and acknowledged the saidwriting again shown and explained to her, to be her act and deed, andconsents that the same may be recorded. 40. Maine. Before a justice of the peace in this state, or any justiceof the peace, magistrate, or notary public, within the United States, or anycommissioner appointed for that purpose by the governor of this state, orbefore any minister or consul of the United States, or notary public in anyforeign country. Rev. St. t. 7, c. 91, 7; 6 Pick. 86. 41. No peculiar form for the certificate of acknowledgment isprescribed; it is required that the husband join in the deed. "The jointdeed of husband and wife shall be effectual to convey her real estate, butnot 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 thelands lie, or where the grantor lives, or before a judge of the county courtof the former county, or the mayor of Annapolis for Anne Arundel county.When the acknowledgment is made in another county than that in which thelands are situated, an in which the party Eves, the clerk of the court mustcertify under the court seal, the official capacity of the acting justicesor 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 morecommissioners at the grantee's residence; any two of whom may take theacknowledgment, and shall certify it under seal and return the commission tobe recorded with the deed; or the grantor may empower an attorney in thestate to acknowledge for him, the power to be incorporated in the deed, orannexed 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, orthe governor or a mayor, notary public, court or judge thereof, of the placewhere it is executed; in each case the certificate to be under an officialseal. By the acts of 1825, c. 58, and 1830, c. 164 the acknowledgment inanother state may be before a judge of the U. S. or a judge of a court ofrecord of the state. and county where the grantor may be the clerk tocertify under seal, the official character of the magistrate. 44. By the act of 1837, c. 97, commissioners may be appointed byauthority of the state, who shall reside in the other states or territoriesof the United States who shall be authorized to take acknowledgment ofdeeds. The act of 1831, c. 205, requires that the officer shall certifyknowledge of the parties. 45. The acknowledgment of a feme covert must be made separate and apartfrom 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 ofthe state. It has been held that an American consul at a foreign port, is amagistrate. 13 Pick. R. 523. An acknowledgment by one of two grantors hasbeen held, sufficient to authorize the registration of a deed; and a wifeneed not, therefore, acknowledge the conveyance when she joins with herhusband. 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 thegrantor, or his departure from the state, it may be proved by one of thesubscribing witnesses before any court of record in the state. Rev. St. 208Laws of 1840, p. 166. 48. When, the deed is acknowledged out of the state of Michigan, but inthe United States, or an of the territories of the U. S., it is to beacknowledged according to the laws of such state or territory, with acertificate of the proper county clerk, under his seal of office, that suchdeed is executed according to the laws of such state or territory, attachedthereto. 49. When acknowledged in a foreign country, it may be executed accordingto the laws of such foreign country, but, it must in such. case, beacknowledged before a minister plenipotentiary, consul, or charged'affaires of the United States and the acknowledgment must be certified bythe officer before whom the same was taken. Laws of 1840, p. 166, sec. 2 and3. 50. When the acknowledgment is made by a feme covert, the certificatemust state that on a private examination of such feme' covert, separate andapart from her husband, she acknowledged that she executed the deed withoutfear or compulsion from any one. Laws of 1840, p. 167, sec. 4. 51. Mississippi. When in the state, deeds may be acknowledged, or provedby one or more of the subscribing witnesses to them, before any judge of thehigh court of errors and appeals, or a judge of the circuit courts, or judgeof probate, and certified by such judge; or before any notary public, orclerk of any court of record in this state, and certified by such notary orclerk under the seal of his office; How. & Hutch. c. 34, s. 99, p. 868, Lawof 1833 ; or before any justice of that county, where the land, or any partthereof, is situated; Ib. p. 343, s. 1, Law of 1822; or before any, memberof 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 deedsmust be acknowledged, or proved as aforesaid, before a judge of the supremecourt or of the district courts of the United States, or before any judge ofthe 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 judgeof any inferior or county court of record, or before any justice of thepeace of the state or territory and county, wherein such person or witnessor witnesses may then be or reside, and authenticated by the certificate ofthe clerk or register of the superior county or circuit court of suchcounty, with a seal of his office thereto affixed; or if taken before orcertified by a justice of the peace, shall be authenticated by thecertificate of either the clerk of the Said inferior or county court ofrecord of such county, with the seal of his office thereto affixed. Laws ofMississippi, 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 chiefmagistrate 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 actsare usually authenticated by him. How. & Hutch, 346, c. 34, s. 14, Law of1822. 54. When made by a feme covert, the certificate must state that she madeprevious acknowledgment, on a private examination, apart from her husbandbefore the proper officer, that she sealed and delivered the same as her actand 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 somejudge, justice or clerk thereof, or a justice of the peace in the countywhere the land lies. Rev. Code, 1835, Sec. 8, p. 120. 56. Out of the state, but in the United States, before any court of theUnited States, or of any state or territory, having a seal, or the clerkthereof. Id. cl. 2. 57. Out of the United States, before any court of any state, kingdom orempire having a seal, or the mayor of any city having an official seal. 58. Every court or officer taking the acknowledgment of such instrumentor 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 acourt, the certificate shall be under its seal; if by a clerk, under hisband and the seal of the court; when before an officer having an officialseal, under his hand and seal; when by an officer having no seal, under hishand. The certificate must state that the party was personally known to thejudge or other officer as the signer, or proved to be such by two crediblewitnesses. Misso. St. 120-122 ; 2 Hill. Ab. 453; Griff. h.t. 59. When the acknowledgment is made by a feme covert, releasing herdower, the certificate must state that she is personally known to a judge ofthe court, or the officer before whom the deed is acknowledged, or that, heridentity was proved by two credible witnesses; it must also state that shewas informed of the contents of the deed; that it was acknowledged separateand apart from her husband; that she releases her dower freely withoutcompulsion or undue conveyance of her own lands, the acknowledgment may bemade before any court authorized to take acknowledgments. It must be doneas 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; andthe acknowledgment of a deed before a notary public in another state isgood. 2 N. H. Rep. 420 2 Hill. Ab. c. 34, s. 61. 61. New Jersey. In the state, before the chancellor, a justice of thesupreme court of this state, a master in chancery, or a judge of anyinferior 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 takingthe acknowledgments or proofs of deeds, two of whom are appointed by thelegislature in each township, who are authorized to take acknowledgments orproofs 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 judgeof the supreme court of the United States, or a district judge of the UnitedStates, or any judge or justice of the supreme or superior court of anystate in the Union; Rev. Laws, 459, Act of June 7, 1799; or before a mayoror other chief magistrate of any city in any other state or territory of theU. S., and duly certified under the seal of such city; or before a judge ofany, 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 beaccompanied by a certificate under the great seal of the state, or the sealof 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 thegovernor, 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 andPennsylvania. Elmer's Dig. Act of Nov. 3, 1836. 63. When made out of the United States, the acknowledgment may be beforeany court of law, or mayor, or other magistrate, of any city, borough orcorporation of a foreign kingdom, state, nation or colony, in which theparty or his witnesses reside, certified by the said court, mayor, or chiefmagistrate, in the manner in which such acts are usually authenticated byhim. Rev. Laws, 459, Act of June 7, 1799. The certificate in all cases muststate that the officer who makes it, first made known the contents of thedeed to the person making the acknowledgment, and that he was satisfied suchperson 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 certificatemust state that on a private examination, apart from her husband, before aproper officer, (ut supra,) she acknowledged that she signed, sealed, anddelivered 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, mayoror recorder of a city, or, commissioner of deeds; a county judge orcommissioner 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 theUnited States, or a judge or justice of the supreme, superior or circuitcourt of any state or territory of the United States, Within his ownjurisdiction. By a statute passed in 1840, chap. 290, the governor isauthorized to appoint commissioners in other states, to take theacknowledgment and proof of deeds and other instruments. 67. When the party is in Europe or other parts of America, before aresident minister or charge d'affaires of the United States; in France,before the United States consul at Paris; in Russia, before the same officerat St. Petersburg; in the British dominions, before the Lord Mayor ofLondon, the chief magistrate of Dublin, Edinburgh, or Liverpool, or theUnited States consul at London. The certificate to be under the hand andofficial seal of such officer. It may also be made before any personspecially authorized by the court of chancery of this state. 68. The officer must in all cases be satisfied of the identity of theparty, either from his own knowledge or from the oath or affirmation of awitness, who is to be named in the certificate. 69. A feme covert must be privately examined; but if out of the statethis is unnecessary. 2 Hill. Ab. 434; Griff. Reg. h.t. 70. By the act passed April 7, 1848, it is provided, that: Sec. 1. Theproof or acknowledgment of any deed or other written, instrument required tobe proved or acknowledged, in order to entitle the same to be recorded orread in evidence, when made by any person residing out of this state andwithin any other state or territory of the United States, may be madebefore any officer of such state or territory, authorized by the lawsthereof to take the proof and acknowledgment of deeds and when so taken andcertified as by the act is provided, shall be entitled to be recorded in anycounty in this state, and may be read in evidence in any court in thisstate, in the same manner and with like effect, as proofs andacknowledgments taken before any of the officers now authorized by law totake such proofs and acknowledgments: Provided that no such acknowledgmentshall be valid unless the officer taking the same shall know or havesatisfactory evidence that the person making such acknowledgment is theindividual described in, and who executed the deed or instrument. 71.-2. To entitle any conveyance or other written instrumentacknowledged or proved under the preceding section, to be read in evidenceor recorded in this state, there shall be subjoined to the certificate ofproof or acknowledgment, signed by such officer, a certificate under thename and official seal of the clerk or register of the county in which suchofficer resides, specifying that such officer was at the time of taking suchproof or acknowledgment, duly authorized to take the same, and that suchclerk or register is well acquainted with the handwriting of such officer,and verily believes that the signature to said certificate of proof andacknowledgment, is genuine. 72. North Carolina. The acknowledgment or proof of deeds for theconveyance of lands, when taken or made in the state, must be before one ofthe judges of the supreme court, or superior court, or in the court of thecounty where the land lieth. 1 Itev. Stat. c. 37, s.. 1. 73. When in another state or territory of the United States, or theDistrict of Columbia, the deed must be acknowledged, or proved, before someone of the judges of the superior courts of law, or circuit courts of law ofsuperior jurisdiction, within the said state, &c., with a certificate of thegovernor of the said state or territory, or of the secretary of state of theUnited States, when in the District of Columbia, of the official characterof the judge; or before a commissioner appointed by the governor of thisstate according to law. 1 Rev. Stat. c. 37, s. 5. 74. When out of the United States, the deeds must be acknowledged, orproved, before the chief magistrate of some city, town, or corporation ofthe countries where the said deeds were executed; or before some ambassador,public minister, consul, or commercial agent, with proper certificate undertheir official seals; 1 Rev. Stat. c. 37 s. 6. and 7; or before acommissioner in such foreign country, under a commission from the countycourt where the land lieth. See. 8. 75. When acknowledged by a feme covert, the certificate must state thatshe was privily examined by the proper officer, that she acknowledged thedue execution of the deed, and declared that she executed the same freely,voluntarily, and without the fear or compulsion of her husband, or any otherperson, and, that she then assented thereto. When she is resident ofanother county, or so infirm that she cannot travel to the judge, or countycourt, the deed may be acknowledged by the husband, or proved by witnesses,and a commission in a prescribed form may be issued for taking theexamination 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 mustbe acknowledged before a judge of the supreme court, a judge of the court ofcommon pleas, a justice of the peace, notary public, mayor, or otherpresiding 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 thelaws of the state, territory or country, where they are executed, oraccording 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 wasexamined by the officer, separate and apart from her husband, and thecontents of the deed were fully made known to her; that she did declare uponsuch separate examination, that she voluntarily sign, seal, and acknowledgethe same, and that she is still satisfied therewith. 79. Pennsylvania. Before a judge of the supreme court, or of the courtsof common pleas, the district courts, or before any mayor or alderman, orjustice of the peace of the commonwealth, or before the recorder of the cityof Philadelphia. 80. When made out of the state, and within the United States, theacknowledgment may be before one of the judges of the supreme or districtcourts of the United States, or before an one of the judges or justices ofthe supreme or superior courts, or courts of common pleas of any state orterritory within the United States; and so certified under the hand of thesaid judge, and the seal of the court. Commissioners appointed by thegovernor, residing in either of the United States or of the District ofColumbia, are also authorized to take acknowledgment of deeds. 81. When made out of the United States, the acknowledgment may, be madebefore any consul or vice-consul of the United States, duly appointed forand exercising consular functions in the state, kingdom, country or placewhere such an acknowledgment may be made, and certified under the public orofficial seal of such consul or vice-consul of the United States. Act ofJanuary 16, 1827. By the act May 27th, 1715, s. 4, deeds made out of theprovince [state] may be proved by the oath or solemn affirmation of one ormore of the witnesses thereunto, before one or more of the justices of thepeace of this province [state], or before any mayor or chief magistrate orofficer of the cities, towns or places, where such deed or conveyances areso proved. The proof must be certified by the officer under the common orpublic seal of the cities, towns, or places where such conveyances are soproved. But by construction it is now established that a deed acknowledgedbefore 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 beenmade known to her; 3, that she has been examined separate and apart from herhusband; 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 constantpractice of making the certificate, under seal, though if it be merely underthe 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 actincorporating the Ebenezer Methodist Episcopal congregation for the boroughof Reading, and for other purposes," Pamph. Laws, 357, 361, it is providedby Sec. 15, "That any and every grant, bargain and sale, release, or otherdeed of conveyance or assurance of any lands, tenements, or hereditaments inthis commonwealth, heretofore bona fide made, executed and delivered byhusband and wife within any other of the United States, where theacknowledgment of the execution thereof has been taken, and certified by anyofficer 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 theacknowledgment of deeds of conveyance of lands therein, shall be deemed andadjudged to be as good, valid and effectual in law for transferring, passingand conveying the estate, right, title and interest of such husband and wifeof, in, and to the lands; tenements and hereditaments therein mentioned, andbe in like manner entitled to be recorded, as if the acknowledgment of theexecution of the same deed had been in the same and like way, manner andform taken and certified by any judge, alderman, or justice of the peace, ofand within this commonwealth. Sec. 16. That no grant, bargain and sale,feoffment, deed of conveyance, lease, release, assignment, or otherassurance of any lands, tenements and hereditaments whatsoever, heretoforebona fide made and executed by husband and wife, and acknowledged by thembefore some judge, justice of the peace, alderman, or other officerauthorized 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 andacknowledged as aforesaid, before the first day of January next, shall bedeemed, held or adjudged, invalid or, defective, or insufficient in law, oravoided or prejudiced, by reason of any informality or omission in settingforth the particulars of the acknowledgment made before such officer, asaforesaid, in the certificate thereof, but all and every such grant, bargainand sale, feoffment, deed of conveyance, lease, release, assignment or otherassurance so made, executed and acknowledged as aforesaid, shall be as good,valid and effectual in law for transferring, passing and conveying theestate, right, title and interest of such husband and wife of, in, and tothe lands, tenements and hereditaments mentioned in the same, as if all therequisites and particulars of such acknowledgment mentioned in the act,entitle an act for the better confirmation of the estates of persons holdingor claiming under feme coverts, and for establishing a mode by which husbandand wife may hereafter convey their estates, passed the twenty-fourth day ofFebruary, one thousand seven hundred and seventy, were particularly setforth 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 isenacted, "That where any deed, conveyance, or other instrument of writinghas been or shall be made and executed, either within or out of this state,and the acknowledgment or proof thereof, duly certified, by any officerunder seal, according to the existing laws of this commmonwealth, for thepurpose of being recorded therein, such certificate shall be deemed primafacie evidence of such execution and acknowledgment, or proof, withoutrequiring proof of the said seal, as fully, to all intents and purposes, andwith the same effect only, as if the same had been so acknowledged or provedbefore any judge, justice of the peace, or alderman within thiscommonwealth." 85. The act relating to executions and for other purposes, passed 16thApril, 1840, Pamph. L. 412, enacts, Sec. 7, " That the recorders of deedsshall have authority to take the acknowledgment and proof of the executionof any deed, mortgage, or other conveyance of any lands, tenements, orhereditaments lying or being in the county, for which they are respectivelyappointed as recorders of deeds, or within every city, district, or partthereof, or for any contract, letter of attorney, or any other writing,under seal, to be used or recorded within their respective counties and suchacknowledgment or proof, taken or made in the manner directed by the laws ofthis state, and certified by the said recorder, under his hand and seal ofoffice; which certificate shall be endorsed or annexed to said deed orinstrument aforesaid, shall have the same force and effect, and be as goodand available in law, for all purposes, as if the same had been made ortaken before any judge of the supreme court, or president or associate judgeof any of the courts of common pleas within this commonwealth." 86. Rhode Island. Before any senator, judge, justice of the peace, ortown clerk. When the acknowledgment is made in another state or country, itmust be before a judge, justice, mayor or, notary public therein, andcertified under his hand and seal. 87. A wife releasing dower need not acknowledge the deed; but to aconveyance 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 covertmay release her dower or convey her own estate, by joining with her hushandin a deed, and being privately examined, in the latter case, seven daysafterwards, before a judge of law or equity, or a justice of the quorum; shemay 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, andthis is said to be the general practice. 90. When the deed is to be executed out of the state, the justices of thecounty where the land lies, or a judge of the court of common pleas, may bydedimus empower two or more justices of the county where the grantorresides, to take his acknowledgment upon the oath of two witnesses to theexecution. 2 Hill. Ab. 448, 9; Griff. Reg. b. t. 91. Tennessee. A deed or power of attorney to convey land must beacknowledged or proved by two subscribing witnesses, in the court of thecounty, or the court of the district where the land lies. The certificate ofacknowledgment 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 recordin the state, or, if the parties live out of it, before a court of record iuanother state or territory; and if the wife is unable to attend court, theacknowledgment may be before commissioners empowered by the court of thecounty in which the husband acknowledges the commission to be returnedcertified with the court seal, and recorded. 94. In all these cases the certificate must state that the wife has beenprivately examined. The seal of the court is to be annexed when the deed isto be used out of the state, when made in it, and vice versa; in which casethere is to be a seal and a certificate of the presiding judge or justice tothe official station, of the clerk, and the due formality of theattestation. By the statute of 1820, the acknowledgment in other states maybe 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 orconveyances for land made without the limits of this state, shall be provedas 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, andthat he is an inhabitant of the state. There must also be a certificate ofthe governor or secretary under the great seal, or a judge of the superiorcourt 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 isenacted, "1. That deeds of every description may be proved by twosubscribing witnesses, or acknowledged and recorded, and may then be read inevidence. 2. That deeds executed beyond the limits of the United States maybe proved or acknowledged before a notary public, or before any consul,minister, or ambassador of the United States, or before a commissioner ofthe state. 3. That the govornor may appoint commissioners in other statesand in foreign countries for the proof, &c. of deeds. 4. Affidavits taken asabove, as to pedigree or heirship, may be received as evidence, by executorsor administrators, or in regard to the partition and distribution ofproperty 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 estateor interest therein, shall be signed and sealed by the party granting thesame, 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 bythe 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 executedsuch conveyance freely, and without any fear or compulsion of her husband; acertificate of which acknowledgment, so taken, shall be endorsed on the deedby the authority taking the same. Id. s. 7. 100.-2. All deeds and other conveyances, and powers of attorney for theconveyance of lands, the acknowledgment or proof of which shall have been,or hereafter shall be taken without this state, if certified agreeably tothe laws of the state, province, or kingdom in which it was taken, shall beas 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 sameacknowledged with like effect, before any justice of the peace, magistrate,or notary public, within the United States, or in any foreign country, orbefore any commissioner appointed for that purpose by the governor of thisstate, or before any minister, charge d'affaires, or consul of the UnitedStates in any foreign country and the acknowledgment of a deed a feme in theform required by covert, by this chapter may be taken by either of the saidpersons 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 theparty lives out of the state or of the district or county where the landlies, the acknowledgment may be before any court of law, or the chiefmagistrate of any city, town, or corporation of the country where the partyresides, and certified by him in the usual form. 102. When a married woman executes the deed, she appears in court and isexamined privately by one of the judges, as to her freely signing theinstrument, and continuing satisfied with it, the deed being shown andexplained to her. She acknowledges the deed before the court, or else beforetwo justices of the county where she dwells, or the magistrate of acorporate town, if she lives within the United States; these officers beingempowered by a commission from the clerk of the court where the deed, is tobe recorded, to examine her and to take her acknowledgment. If she is out ofthe United States, the commission authorizes two judges or justices of anycourt of law, or the chief magistrate of any city, town, or corporation, inher 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.

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