Kansas.

Kentucky.

acknowledged, before me, that they executed the same as their voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS [etc., as in Form 56.]

59. Proof by Witness, Where Grantor is Dead or Cannot be Procured, or Refuses to Acknowledge.(d)

[As in Form 56, to the *, continuing thus:] personally appeared M. N., who, by me being first duly sworn, stated that he knew A. B., the grantor, in the foregoing deed [or, instrument], and that the said A. B. was dead [or state excuse for absence], which is satisfactory evidence to me that his attendance could not be procured to make the acknowledgment [or state that, haring appeared, he refused to acknowledge the deed]; and the said M. N. [or, one O. P., who also personally appeared before me, and was by me duly sworn] further deposed and said, that he was the subscribing witness to said deed [or, instrument], and that he saw A. B., the grantor therein, subscribe and seal said deed [or, that the said A. B., grantor therein, acknowledged to him that he had subscribed, sealed, and executed said deed], for the uses and purposes therein mentioned; and that he, said deponent, and Q. R., the other subscribing witness, then subscribed the same as attesting witnesses, at the request of said grantor.

IN WITNESS, [etc., as in Form 56.]

Kansas.

[Follow the forms given for Iowa.]

Kentucky.

[A seal is not necessary. There should be two subscribing witnesses, unless the deed is acknowledged by the grantor.]

60. Acknowledgment Within the State.

STATE OF KENTUCKY,

88.

day of

18 before me, M. N., , personally

BE IT REMEMBERED, that on this [county clerk of the county court of said county], at came A. B [and C. B. his wife], to me known to be the person [or, persons] described in, and who executed the within deed, and [severally] acknowledged that he [or, they] executed the same, for the uses and purposes therein mentioned.(e)

GIVEN under my hand and seal of office, the day and year first above written. [Seal.]

(d) There is no provision for proof by witnesses except in these contingencies. If the subscribing witnesses also cannot be produced, may proceed as in Form 52.

[Signature and title.]

(e) A certificate of an acknowledgment taken within the State, need not set forth the private examination. Rev. Stat.,

198-200.

STATE OF

Acknowledgment, &c., of Deeds for Kentucky; Louisiana.

61. Acknowledgment Taken Without the State.(f)

County [or, Town, City, Depart-ss.

ment, or, Parish] of

I, M. N., [stating official title] do certify that this instrument of writing, from A. B. and wife [or, from C. B., wife of A. B.] was this day produced to me by the parties [which was acknowledged by the said A. B. to be his act and deed], and the contents and effect of the instrument being explained to the said C. B. by me, separately and apart from her husband, she thereupon declared that she did freely and voluntarily execute and deliver the same to be her free act and deed, and consented that the same might be recorded.

GIVEN under my hand and seal of office, this [Seal.]

Louisiana.

day of
18
[Signature and title.]

[Conveyances are made either by authentic act or by private act. The former is done by the parties going before a notary, who reduces the contract of sale to writing, and signs it, together with the parties, in presence of two male witnesses, aged at least fourteen, or of three witnesses, if the party be blind. A private act is done by signature by the parties, and acknowledgment. A seal by the grantor is unnecessary.]

62. Authentic Act of Sale, and Wife's Renunciation.

me, M. N., a commissioner of the State of Louisiana, duly commissioned and appointed by the governor thereof, for the said county and State of personally came and appeared A. B., at present residing at

in said county, who declared [here will follow the conveyance, e. g., thus:] that in consideration of to him in hand paid by the said Y. Z.,(9) the receipt whereof is hereby acknowledged, he, the said appearer, does hereby grant, bargain, sell, convey, and confirm unto Y. Z., of all [here insert description of the premises]; TO HAVE AND TO HOLD the same unto the said Y. Z., his heirs and assigns forever.

AND NOW personally appeared and intervened Mistress C. B., of lawful age, and wife of said A. B., who did declare unto me that it is her wish and intention to release, in favor of the said Y. Z., the real estate above referred to, from the matrimonial, dotal, paraphernal, and the other rights, and from any claims, mortgages, or privileges to which she is or may be entitled, whether by virtue of her marriage with her said husband or other

(g) The true consideration must be

(f) This form is prescribed by the statute. Rev. Stat. (1852), 198. Proof by stated. witnesses without the State is not provided for.

Louisiana.

wise. WHEREUPON I, the said commissioner, did inform the said wife, verbally, apart and out of the presence of her said husband, and before receiving her signature, that she had, by the laws of the said State of Louisiana, a legal mortgage on the property of her said husband-first, for the restitution of her dowry, and for the reinvestment of the dotal property sold by her husband, and which she brought in marriage, reckoning from the celebration of the marriage; second, for the restitution and reinvestment of the dotal property by her acquired since marriage, whether by succession or donation, from the day the succession was opened, or the succession perfected; thirdly, for nuptial presents; fourthly, for debts by her contracted with her said husband; and fifthly, for the amount of her paraphernal property alienated by her, and received by her said husband, or otherwise disposed of for the individual interest of her said husband.

And the said wife did thereupon declare unto me, commissioner, that she was fully aware of, and acquainted with, the nature and extent of the matrimonial, dotal, paraphernal, and other rights and privileges thus secured to her by the laws of the said State of Louisiana, in the property of her said husband; and that, availing herself of the rights secured to her by the second section of an act passed by the legislature of the said State of Louisiana, authorizing wives to make valid renunciations, etc., approved on the 27th day of March, 1835, she nevertheless did persist in her intention of renouncing not only all the rights, claims, and privileges herein before enumerated and described, but all others of any kind or nature whatsoever, to which she is or may be entitled by any law now or heretofore in force in the said State of Louisiana. And the said husband being now present, aiding and authorizing his said wife in the execution of these presents, she, the said wife, did again declare that she did, and doth hereby, make a formal renunciation and relinquishment of all her said matrimonial, dotal, paraphernal, and other rights, claims, and privileges, in favor of the said Y. Z., binding herself and her heirs, at all times, to sustain and acknowledge, at all times, the validity of this renunciation.

THUS DONE and passed, in my office, in the said city of

, in the presence of O. P. and Q. R., competent witnesses, who hereunto subscribe their names, together with the said appearers, and me, commissioner, on A. D. eighteen hundred and

the

day of

STATE OF
County of

[Signature of parties, of witnesses, and of officer, with his title and official seal.]

63. Acknowledgment of Private Act.

}

88.

BE IT REMEMBERED, that on the thousand eight hundred and

day of

, in the year one before me, the undersigned M. N., a commissioner, resident in the city of duly commissioned and qualified by the executive authority, and under the laws of the State of Louisiana, to take the acknowledgment of deeds, etc., to be used or recorded therein, personally appeared A. B., to me known to be the individual named in, and

Acknowledgment, &c., of Deeds for Maine; Maryland.

who executed the above [or, foregoing] conveyance [or, instrument], and acknowledged to me that he did sign, seal, and deliver the same, as his free act and deed, on the day and year therein mentioned, and for the consideration, uses, and purposes therein expressed.

IN WITNESS WHEREOF, I have hereunto set my hand, and affixed my official seal, the day and year aforesaid.

[Official seal.]

[Signature and title.]

Maine.

[The seal must be in wafer or wax. There should be at least one subscribing witness, and it is the practice to have two. A separate examination of a married woman is not necessary; nor need she acknowledge at all, where she merely joins in executing the deed with her husband to release her dower. The certificate may be annexed or indorsed.

The statutes do not authorize proof by subscribing witness, except within the State, in a court of record, when the grantor has died or left the State, or refuses to acknowledge.]

STATE OF
County of

day of

town of

64. Acknowledgment.

18. Then personally appeared A. B. [and C. B. his wife], the persons [or, one of the persons] described in, and who executed the foregoing instrument, and [severally] acknowledged that he [or, they] did sign and seal the same, as his [or, their] free act and deed, before

me.

[Seal, if any.]

[Signature and title.]

65. The Same, by Attorney in Fact.

STATE OF County of day of

A. D. 18. Then the above-named A. B. appeared by his attorney, C. D., and acknowledged the above-written instrument to be the free act and deed of the said A. B., before me. [Seal, if any.]

STATE OF County of day of

[Signature and title.]

66. Acknowledgment of a Deed by a Corporation.

A. D. 18 Then A. B., president, and C. D., E. F.,

knowledged the foregoing instrument to be the free act and deed of the said company, before me.

[Seal, if any.]

Maryland.

[Signature and title.]

[A scroll is a sufficient seal. The statute does not provide for proof by witnesses. A private examination of married women is not necessary.]

before the subscriber [here state style of the officer taking the acknowledgment], personally appeared A. B., and acknowledged the foregoing deed to be his act.

[Signature and title.]

68. The Same, by Husband and Wife.

STATE OF MARYLAND, }

County of

88.

I hereby certify, that on this day of

the subscriber [here insert the official style of the judge taking the acknowledgment] personally appeared A. B., and C. B. his wife, and did each acknowledge the foregoing deed to be their respective act.

STATE OF
County of

[Signature and title.]

69. Acknowledgment Taken Without the State.

[As in Form 67, except that the attestation will be as follows:] IN TESTIMONY WHEREOF, I have caused the seal of the court to be affixed [or, have affixed my official seal], this

day of

18 .

[Signature, title, and seal.]

70. Affidavit to be Affixed to Mortgages of Lands, and to Mortgages or Bills of Sale of Personal Property.

STATE OF
County of

A. B., of being duly sworn [or, affirmed], says: That he is the mortgagee [or, vendor, or, one of the mortgagees or vendors] described in, and who executed the within mortgage [or, bill of sale], and that the consideration in the said mortgage [or, bill of sale] is true and bona fide, as therein set forth. [Signature of deponent.]

Sworn before me, day of

this

18

[Signature and title of officer.]

Massachusetts.

[The seal for a conveyance should be an impression on wax or wafer. A seal of a court, public officer, or corporation, when required by law, may be upon the paper alone. One subscribing witness is required to a deed; but it is the practice to have two. Deeds should be acknowledged by the grantors, or one of them, if there are several. A separate examination of a married

(4) This and the two following forms of acknowledgment are given by the

statute of Maryland. Code of 1860, art. 24, secs. 66-69.