Acknowledgment of Deeds. without compulsion of her said husband; and that she does not wish to retract the same. GIVEN under my hand [and seal of office], this A. D. 18 [Seal, if any.] day of [Signature and title.] 45. Acknowledgment Within the State, by Grantor Not Personally Known to the Officer. [As in the preceding form to the *, continuing thus:] this day appeared before me in person, and was [or, were] proven to me satisfactorily to be the real person [or, persons] described in, and whose name is [or, names are] subscribed to the annexed deed, as having executed the same, by the oath of O. P., a credible witness, who, being by me duly sworn, did depose and say that he resided in in the county of ; that he was acquainted with the said A. B. [and C. B., his wife]; and that he knew him [or, them] to be the same person[s] described in, and who executed, the annexed deed. And thereupon the said A. B. [or, they severally] acknowledged to me that he [or, they] signed, sealed, and delivered the said instrument of writing, as his [or, their] free and voluntary act, and for the uses and purposes therein set forth. [Add wife's examination, if she be a party, and end with, IN WITNESS, etc., as in the preceding form. 46. Acknowledgment Without the State, by Grantor Personally Known to day of in the year of our in the city [or, town] Lord one thousand eight hundred and and county aforesaid, (s) before me, M. N., a commissioner, residing in said city [or, county], duly appointed a commissioner by the governor of the State of Illinois, to take acknowledgment and proof of the execution of deeds and other instruments in writing under seal, to be used and recorded in said State, personally appeared A. B.,* who is personally known to me to be the real person whose name is subscribed to the foregoing deed [or other instrument in writing, as the case may be], as having executed the same, and acknowledged that he had executed the same, for the uses and purposes therein expressed. (r) This and the six following forms are from the instructions as to acknowledgments, etc., prepared by the secretary of State of Illinois, pursuant to law, for the guidance of commissioners. The last three we suppose to be suitable to similar cases within the State. (8) The statutes of Illinois provide that every certificate of a commissioner for Illinois, of any proof or acknowledgment taken before him, or any oath or affirmation administered by him, "shall specify the day on which, and the city, or town and county, within which the same was taken or administered; and without said specification the said certificate shall be invalid, inoperative, and void." Laws of Ill., Feb. 17, 1851. Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, as commissioner of the said State of Illinois, at my office, and State aforesaid, this [Signature.] Seal.] in the city [or, town] of day of A. D. 18 Commissioner of the State of Illinois, for the city of 47. Acknowledgment Without the State, by Grantor Not Personally Known to the Officer. [As in preceding form to the *, continuing thus:] who was proved to me, on the oath of O. P., a credible witness, to be the real person whose name is subscribed to the foregoing deed [or other instrument in writing, as the case may be], as having executed the same, and acknowledged that he had executed the same for the uses and purposes therein expressed. IN WITNESS [etc., as in preceding form]. 48. Acknowledgment Without the State by a Husband and Wife, when the Wife Relinquishes Dower. [As in Form 46 to the *, continuing thus:] and C. B. his wife, who are personally known to me [or, who were proved to me, on the oath of M. N., a credible witness], to be the real persons whose names are subscribed to the foregoing deed [or other instrument of writing, as the case may be], as having executed the same, and acknowledged that they had executed the same for the uses and purposes therein expressed. And the said C. B., wife of said A. B., being of lawful age, and having been by me, separate and apart from her said husband, examined, and the contents of said deed [or other instrument, as the case may be] fully made 'known and explained to her, acknowledged that she had executed the same, and relinquished her dower to the lands and tenements therein mentioned, voluntarily, and without compulsion of her husband. IN WITNESS [etc., as in Form 46]. 49. Acknowledgment Without the State by Husband and Wife, of a Conveyance of the Estate of the Wife. [As in Form 46 to the *, continuing thus:] and C. B. his wife, who are personally known to me [or, who were proven to me, on the oath of M. N., a credible witness], to be the real persons whose names are subscribed to the foregoing deed [or other instrument of writing, as the case may be], as having executed the same, and acknowledged that they had executed the same, for the uses and purposes therein expressed. And the said C. B., wife of the said A. B., being of lawful age, and having been by me, separate and apart from her husband, examined, and the contents of the said deed [or, instrument] having been made known and fully explained to her, acknowledged that she had executed the same voluntarily and freely, and without compulsion of her husband, and that she does not wish to retract. IN WITNESS [etc., as in Form 46]. Acknowledgment of Deeds. 50. Acknowledgment Without the State, by Attorney in Fact. [As in Form 46 to the *, continuing thus:] attorney in fact of C. D., who is personally known to me to be the person [or, who was proved to me, upon the oath of a credible witness, to be the person] whose name, as such attorney in fact, is subscribed to the foregoing deed [or other instrument, as the case may be], as on the part and behalf of C. D., his said principal, having executed the same, and acknowledged that he had, as such attorney in fact, for and on behalf of his said principal, executed the same, for the uses and purposes therein expressed. IN WITNESS [etc., as in Form 46]. 51. Proof Without the State, by a Subscribing Witness. [As in Form 46 to the *, continuing thus:] to me personally known to be a subscribing witness to the foregoing deed [or, who was proved to me, on oath of O. P., a credible witness, to be a subscribing witness to the foregoing deed], who, after being duly sworn, according to law, did depose and say, that C. D., whose name appears subscribed to said deed, is the real person who executed the same; and that he, the said A. B., subscribed his name, as a witness thereto, in the presence of, and at the request of the said C. D.,(t) which is sufficient evidence to me of the execution of said deed. IN WITNESS [etc., as in Form 46]. 52. Proof Without the State, when the Grantor and Subscribing Witnesses are Dead or Cannot be Produced. [As in Form 46 to the *, continuing thus:] a competent and credible witness, who, being duly sworn, according to law, did depose and say that he personally knew the handwriting of C. D., the grantor in, and of M. N., the subscribing witness to, the foregoing deed, and that he well knew the signatures of each of them, having frequently seen them write [or state such other means of knowledge as the witness may have(u)], and that he believes the names of such grantor and subscribing witness to the deed aforesaid were thereto subscribed by the said C. D., the grantor, and M. N., the subscribing witness, respectively, which, to me, affords sufficient evidence of the due execution of said deed. IN WITNESS [etc., as in Form 46]. (t) It is the better practice to state in the certificate that the witness subscribed in the grantor's presence and at his request, though it is held not essential. Job v. Tebbetts, 4 Gilm., 143. was agent of a corporation of which the grantors were directors, and that he had often seen documents with their name subscribed thereto, and recognized by them as genuine, in the course of business (u) Thus a statement that the witness transactions, is sufficient. Ibid. Illinois. Indiana. 53. Certificate of a Clerk to Acknowledgment Taken According to the Laws of Another State. STATE OF I, M. N., clerk of the court, a court of record of said State of 9 ,(v) do hereby certify that in and for said county of the " person before whom the foregoing acknowledgment [or, proof], was taken, was at the time thereof [here state title], duly commissioned and sworn, and to all whose official acts as such, full faith and credence is given, and that his signature to the foregoing certificate of acknowledgment [or, proof] is genuine, and that the within [or, annexed] deed [or other instrument] is executed and acknowledged according to the laws of the said State of .(20) IN WITNESS WHEREOF, I have hereunto set iny hand and affixed the seal of day of Indiana. [Private seals are abolished.(x) One witness is sufficient; and where a deed is acknowledged by the party, no witnesses are necessary. The form of acknowledgment below is given by the statute, and is sufficient, whether within or without the State. The certificate may be annexed or indorsed. It should be under seal, if the officer have an official seal; and if the certificate is sealed, there is no need that the signature of the officer be authenticated by a clerk's certificate. No separate examination of a wife is necessary.(y)] of BEFORE ME, M. N., a judge, [or, justice, as the case may be] this day 18 A. B. acknowledged the execution of the annexed [or within] deed, [or, mortgage, as the case may be]. [Official seal, if any]. [Signature and title.] [Proof by witness may be made in the form used in NEW YORK.] 55. Declaration to Bar Dower of Wife Under Age. [Insert in the preceding form, before the signature] and the said C. B., being a married woman, over the age of eighteen years, and under the age of twenty-one years, her father [or, and having no father, her mother], D. E., then also personally appeared and declared before me, that he [or, she] believed that such conveyance was for the benefit of the said C. B., and that it would be prejudicial to her and her husband to be prevented. from disposing of the lands thus conveyed. [Signature, etc.] (v) It is not enough for him to certify that he is clerk of the county. Shephard . Carriel, 19 IU., 818. (w) This form of certifying the conform ity is sustained by Hurt v. McCartney, 18 Acknowledgment, &c., of Deeds for Iowa. Iowa. [The use of private seals (corporate seals excepted) is abolished. Where a deed is acknowledged by the party, no witnesses are necessary. The certificate should be indorsed on the deed. Married women need not be separately examined.] 56. Acknowledgment by a Grantor Personally Known to the Officer.(2) STATE OF County of :} 88. A. D. 18 THIS IS TO CERTIFY, that on this day of before me [here set forth the title of the court or person before whom the acknowledg ment is taken ::—e. g., thus] K. L., a notary public, duly appointed in and for said city and county,* personally appeared A. B., personally known to me [or, to J. K., one of the judges of the said court] to be the identical person whose name is affixed to the foregoing deed [or other instrument] as grantor [or, obligor, or otherwise], therein named, and acknowledged the same to be his voluntary (a) act and deed, for the purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand [and the seal of my office], on the day and year first above written. [Official seal, if any.](b) BE IT REMEMBERED, that on this day of [Signature and title.] A D. 18 before me the subscriber, [a notary public in and for the said county of ], personally came A. B., sheriff of the county of aforesaid, personally known to me to be the same person described in, and whose name is subscribed to, the foregoing deed, as a party thereto, and acknowledged that he voluntarily executed the same as sheriff as aforesaid, for the uses and purposes therein mentioned. IN WITNESS, [etc., as in the preceding form.] 58. Acknowledgment by Parties Not Personally Known to the Officer. [As in Form 56, to the *, continuing thus:] personally came A. B. and C. D., both proven to me satisfactorily to be the same identical persons described in, and who executed the within conveyance, by the oath of M. N. [witness thereto], who, being by me duly sworn, did depose and say that he resided in in the county of ; that he was acquainted with the said A. B. and C. D., that he knew them to be the same persons described in, and who executed the within conveyance; and, thereupon, they severally (z) This form and the following are suitable for use within or without the State. (a) The word voluntary, or its equivalent, is held essential. Wickersham a. Reeves, 1 Clarke (Iowa), 418. But compare Henderson a. Grewell, 8 Cal., 381. (b) If the officer have a seal, it should be affixed; and, in such case, a clerk's certificate to his authority and genuineness of his signature is not necessary. (c) This form is sustained by Cavender a. Smith 5 Clarke (Iowa), 159. |