Analysis of Chapter.

[NEW YORK, continued.]

131. The same of a deed signed by the rector and proved by the clerk...... 132. Proof of deed by municipal corporation....

123. Petition for a subpoena to compel a subscribing witness to prove the exe

cution of a conveyance...

184. Verification thereof..

185. Subpœna.....

136. Affidavit of service thereof..

187. Warrant to attach witness not appearing.

188. Commitment of witness refusing to testify..

189. Proof by handwriting where the subscribing witnesses are dead.

140. Acknowledgment or proof without the State.......

141. Authentication by county clerk to be annexed to a certificate of acknowledgment or proof taken according to the laws of this State, to be used in another State....

NORTH CAROLINA.

142. Acknowledgment within the State.....

143. The same, by husband and wife....

144. Proof by subscribing witness......

145. Acknowledgment or proof without the State, before a judge of another State......

146. Authentication thereof.....

147. Acknowledginent or proof without the State, before a commissioner......

Оню.

148. Acknowledgment within the State...

PAGE

149. The same, by husband and wife..

69

150. Acknowledgment without the State, by a single person

69

151. The same, by husband and wife...

70

152. The same, by an attorney in fact

OREGON.

70

153. Acknowledgment by grantor known to the officer..... 154. The same, by grantor not known.....

175. Acknowledgment by wife, of deed by her husband and herself, of her separate property..

176. Proof by subscribing witness..

?

WASHINGTON TERRITORY.

181. Acknowledgment.....

182. Acknowledgment by husband and wife..

WEST VIRGINIA.

[Follow forms given for VIRGINIA, except that one justice may take an acknowledgment.]

WISCONSIN.

188. Acknowledgment by a grantor known to the officer...

184. By a grantor not known to the officer....

I. OATHS AND AFFIRMATIONS ADMINISTERED ORALLY TO WITNESSES IN TAKING ACKNOWLEDGMENT OR PROOF OF DEEDS.

4. Oath of a Subscribing Witness, taken upon the Evangelists. "You do solemnly swear, that you will true answers make to such questions as shall be put to you in regard to the parties to the deed here shown to you, and the execution thereof. So help you God."

5. The same, taken by Uplifting the Hand.

"You do swear, in the presence of the Everliving God, that you will true answers make to such questions as shall be put to you touching the parties to the deed here shown to you, and the execution thereof."

6. Affirmation of Subscribing Witness.

"You do solemnly, sincerely, and truly declare and affirm, that you will true answers make to such questions as shall be put to you touching the parties to the deed here shown to you, and the execution thereof."

7. Oath of a Witness To Identity of Party or Subscribing Witness, taken on the Evangelists.

"You do solemnly swear, that you will true answers make to such questions as shall be put to you in regard to the identity of the parties [or of the subscribing witnesses] to the deed here shown to you. So help you God."

Oaths, etc.

Acknowledgment and proof for Alabama.

8. The same, Taken by Uplifting the Hand.

"You do swear, in the presence of the Everliving God, that you will truć answers make to such questions as shall be put to you touching the identity of the parties [or, of the subscribing witnesses] to the deed here shown to you." 9. Affirmation of Witness to Identity of Party or Subscribing Witness. "You do solemnly, sincerely, and truly declare and affirm, that you will true answers make to such questions as shall be put to you touching the identity of the parties [or, of the subscribing witnesses] to the deed here shown to you."

II. CERTIFICATES OF ACKNOWLEDGMENT

STATES, ETO.
Alabama.

AND PROOF FOR THE VARIOUS

[Deeds are usually sealed; but a scroll is a sufficient private seal. There should be two subscribing witnesses; although, unless the grantor is a married woman, or cannot write, one is sufficient if the deed be acknowledged by the grantor. A married woman need not be privately examined. The statute forms given below state that the deed was executed on the day of its date. The courts hold, however, that this is not to be regarded as essential; and that it will be enough, prima facie at least, if the date of the deed, and that of the certificate, show that the instrument was recorded within the time fixed by law.(k)]

STATE OF ALABAMA,
County of

10. Acknoledgment.(1)

I, M. N. [stating also title of officer], HEREBY CERTIFY, that A. B., whose name is signed to the foregoing conveyance [or other instrument], and who is known to me, acknowledged before me, on this day, that being informed of the contents of the conveyance, he executed the same voluntarily on the day the same bears date.

11. Proof by Subscribing Witness.(m) STATE OF ALABAMA, County of

I, M. N. [stating also title of officer], HEREBY CERTIFY, that O. P., a subscribing witness to the foregoing conveyance [or other instrument], known to me, appeared before me this day, and, being duly sworn, stated that

(k) Parsons v. Boyd, 20 Ala., N. S., 112, and cases there cited; Carter v. Chauldron, 21 Id., 72; Lea . Polk County Co., 21 How. U. S., 493.

(2) This form and the following are given by statute. Code of Alabama (1852), 279. The same forms will serve for ac

knowledgments, &c., taken without the State, except that, in such case, it is well for the officer to affix his seal, if he havo

one.

(m) See note (1). To entitle a deed to probate, there must be two subscribing witnesses. Code, § 1281.

Acknowledgment of Deeds for Arkansas.

A. B., the grantor in the foregoing conveyance [or, the person described in, and who executed the foregoing instrument], voluntarily executed the same in his presence, and in the presence of Q. R., the other subscribing witness thereto, on the day the same bears date; that he attested the same in the presence of the said A. B., and of said other witness; and that such other witness subscribed the same as a witness, in his presence.(n)

GIVEN under my hand, this hundred and

day of

Arkansas.

one thousand eight [Signature and title.]

[A scroll or a durable impression on paper is sufficient as a private seal for a deed. Two witnesses are necessary, unless the grantor acknowledges the deed, which dispenses with the necessity of any witness. The certificate of the officer should be indorsed upon the deed, and must be attested under his official seal, if he have one.]

12. Acknowledgment by a Grantor Known to the Officer.(0)

ON THIS

MA, }

88.

day of

eight hundred and

in the year of our Lord one thousand before me, M. N., an acting and duly commissioned justice of the peace, within and for the county of in the State of Arkansas, appeared in person A. B.,* to me personally well known as the person whose name appears upon the within and foregoing deed of conveyance, as the party grantor, and stated that he had executed the same for the consideration and purposes therein mentioned and set forth,(p) and I do hereby so certify.

IN TESTIMONY WHEREOF, I have hereunto set my hand, as such justice of the peace, at the county of

on the

day of

18 9 [Signature], J. P.

13. Acknowledgment by a Grantor Not Personally Known to the Officer. [As in the preceding form, substituting in place of the words between the *and the the following:] who being personally unknown to me, was, by the oaths of O. P. and Q. R., witnesses duly sworn and examined by me as to his identity, proven to my satisfaction to be the identical A. B. whose name appears upon the foregoing deed of conveyance—.

14. Acknowledgment by Husband and Wife, of a Joint Deed of the Wife's Land.(g)

[As in Form 12 to the *, continuing thus:] to me personally well known as one of the parties grantor, and stated that he had executed the same for the consideration and purposes therein mentioned and set forth, and I do hereby so certify.

(n) As to the necessity of pursuing this statute form, see Phipps v. McGehee, 5 Port., 413; Dolin v. Gardner, 15 Ala., 758. (0) This form is from Gould's Dig. (1858).

(p) This reference to the consideration and purposes is held essential. Jaco way v. Gault, 20 Ark., 190.

(9) This and the three following forms are from Gould's Dig. (1858).

Arkansas.

AND I FURTHER CERTIFY, that on this day voluntarily appeared before me C. B., wife to the said A B., to me well known(r) to be the person whose name appears upon the within and foregoing deed, and, in the absence of her said husband, declared that she had, of her own free will, executed the same, for the purposes therein contained and set forth, without compulsion or undue influence of her said husband.

IN TESTIMONY [etc., as in Form 12].

15. Acknowledgment by Husband and Wife, of a Joint Deed for Husband's Land.

[As in Form 12 to the ↑, continuing thus:] as one of the parties grantor, and stated that he had executed the same for the consideration and purposes therein mentioned and set forth.

AND I FURTHER CERTIFY, that on this day voluntarily appeared before me C. B., wife to the said A. B., to me well known to be the person whose name appears upon the within and foregoing deed, and, in the absence of her said husband, declared that she had, of her own free will, signed and sealed the relinquishment of dower therein expressed, for the purposes therein contained and set forth, without compulsion or undue influence of her said husband.

M. N., an acting and duly commissioned justice of the peace, in and for the county aforesaid *, personally appeared O. P., one of the subscribing witnesses to the foregoing deed, to me personally well known, who, being by me first duly sworn, on his oath stated that he saw A. B., grantor in said deed, subscribe and seal said deed on the day of its date [or, that the said A. B., grantor in said deed, acknowledged to him, on the day of 18, that he had subscribed, sealed, and executed said deed], for the uses, purposes, and consideration therein expressed; and that he and Q. R., the other subscribing witness, subscribed the same as attesting witnesses, at the request of the said grantor..

IN TESTIMONY [etc., as in Form 12].

17. Proof of Handwriting of Grantor and Subscribing Witnesses.

[As in the preceding form to the *, continuing thus:] personally came S. T. and U. V., and upon their oaths stated that the signatures of A. B., the grantor in the within and foregoing deed, and of O. P., a witness thereto, are genuine, and are in the handwriting of said A. B. and O. P., respectively.

IN TESTIMONY [etc., as in Form 12].

(r) Or as in Form 13.