Missouri.

85. Acknowledgment by a Grantor Personally Known to the Officer.

BE IT REMEMBERED, that A. B., who is personally known to the undersigned, a justice of the peace within and for said county [or, other officer, as the case may be], to be the person whose name is subscribed to the within [or, foregoing] deed [or, instrument of writing], as a party thereto, this day appeared before me, and acknowledged that he executed and delivered the same, as his voluntary act and deed; for the uses and purposes therein contained.

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

18

day of [Signature and title.]

86. Acknowledgment by Grantor Not Personally Known to the Officer.

A. B. personally appeared before the undersigned, a justice of the peace within and for said county; and C. D. and E. F., two witnesses, having been by me first duly sworn, deposed and said that the said A. B. is the person whose name is subscribed to the within [or, foregoing] deed [or, instrument of writing], as a party thereto; and the said A. B. then and there acknowledged that he executed and delivered the same as his voluntary act and deed, for the uses and purposes therein contained. GIVEN [etc., as in preceding form].

87. By Husband and Wife,(o) to Extinguish Dower.

BE IT REMEMBERED, that A. B., and C. B. his wife, who are personally known to the undersigned, a justice of the peace within and for said county [or other officer, as the case may be], to be the persons whose names are subscribed to the within [or, foregoing] deed [or, instrument of writing], as parties thereto, this day appeared before me, and acknowledged that they executed and delivered the same, as their voluntary act and deed, for the uses and purposes therein contained. And the said C. B., being by me made acquainted with the contents of said deed [or, instrument], acknowledged, on an examination apart from her said husband, that she executed the same, and relinquishes her dower in the real estate therein mentioned, freely and without compulsion or undue influence of her said husband. GIVEN under my hand [and seal of office], this [Seal, if any.]

(0) As to what deviations from the statute, in an acknowledgment by a married woman, may be regarded as mate

18

day of [Signature and title.]

rial, see Chauvin a. Wagner, 18 Mo., 581, and cases cited; Thomas a. Meier, b., 578; Perkins a. Carter, 20 13., 465.

Acknowledgment, &c., of Deeds for Missouri.

88. By Husband and Wife, to Convey Wife's Estate.

BE IT REMEMBERED, that A. B., and C. B. his wife, who are personally known to the undersigned, clerk of the Circuit Court of said county [or, judge, etc.], to be the persons whose names are subscribed to the within [or, foregoing] deed [or, instrument of writing], as parties thereto, this day appeared before me, and acknowledged that they executed and delivered the same as their voluntary, act and deed, for the uses and purposes therein contained. And the said C. B., being by me made acquainted with the contents of said deed [or, instrument], acknowledged, on an examination apart from her said husband, that she executed the same, freely and without compulsion or undue influence of her said husband.

GIVEN [etc., as in preceding form].

89. Acknowledgment of Conveyance by Power of Attorney. STATE OF MISSOURI,

County of

88.

BE IT REMEMBERED, that C. D., who is personally known to the undersigned, O. P., justice of the peace within and for the county of aforesaid, to be the person who subscribed the name of A. B. to the foregoing [or, within] deed [or, instrument of writing], as a party thereto, as attorney in fact of the said A. B., personally appeared before me on the day of 18, and acknowledged that he executed the said deed [or, instrument of writing] as the act and deed of the said A. B., for the uses and purposes therein mentioned.

GIVEN [etc., as in Form 87.]

90. Proof by Witness Where Grantor is Dead or Cannot be Procured, or Refuses to Acknowledye (p).

day of

A. D. 18

This is to certify, that on this before me [here set forth the title of the court or person before whom the acknowledgment is taken-e. g., thus :] K. L., a notary public, duly appointed in and for said city and county, personally appeared M. N., who by me being first duly sworn, stated that he resided at in the county of and State of 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, having appeared, he refused to acknowledge the deed]. And the said M. N. further deposed and said [or, one

;

(p) There is no provision for proof by If the subscribing witnesses also cannot witnesses, except in such contingencies. be produced, may proceed as in Form 53.

Nebraska.

Nevada.

New Hampshire.

New Jersey.

, and]

O. P., who also personally appeared before me, being duly sworn, stated that he resided at. in the county of and State of 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 the said deponent, and Q. R. the other subscribing witness, then subscribed the same, as attesting witnesses, at the request of said grantor.

GIVEN [etc., as in Form 87.]

Nebraska.

[May follow forms given for Iowa.]

Nevada.

[May follow forms given for CALIFORNIA.](9)

New Hampshire.

[A seal is necessary for a deed. It should be an impression on wafer or wax. Official seals and seals of court may be on the paper alone. Two subscribing witnesses are required. A married woman need not be separately examined.] 91. Acknowledgment Within the State.

STATE OF NEW HAMPSHIRE,

County [or, Town] of

On the day of

18 the above [or, within] named A. B. [and C. B. his wife] personally appeared, and acknowledged the above [or, within] written instrument, by him [or, them] subscribed, to be his [or, their] free and voluntary act and deed, * before me.

[Signature and title.]

92. Acknowledgment Without the State.

[As in preceding form to the* at the end, concluding thus:] before me, M. N., a justice of the peace [or, a notary public, or otherwise] in and for the State [or, Territory] and county [and town] aforesaid.

[Seal, if any.]

New Jersey.

[Signature and title.]

A seal for a deed should be an impression on wax or wafer; although a scroll is a sufficient seal upon a mere obligation for payment of money. One witness is usual. The certificate should be written upon or under the instrument.]

(7) It is enacted by the Laws of Nevada, that "acknowledgments of deeds taken out of this Territory affecting real property within this Territory, before any notary public authorized by law to take acknowledgments, shall be deemed to be good

and valid in law; provided, that a certificate of the State or Territory, or a judge of a court of record, as to the official character of such notary public, shall accompany the certificate of the notary public. Laws of 1864, ch. 52, § 1.

Acknowledgment, &c., of Deeds for New Jersey.

93. Acknowledgment Within the State by Grantor Known or Identified.

BE IT REMEMBERED, that on this day of 18 before me [giving name and title of officer] personally came A. B., who I am satisfied is the grantor mentioned in the foregoing deed [or, instrument], and I having first made known to him the contents thereof, he acknowledged that he signed, sealed, and delivered the same as his voluntary act and deed, for the uses and purposes therein expressed. [Signature.]

94. Acknowledgment Within the State by Husband and Wife, Known or

BE IT REMEMBERED, that on this day of 18, before me [giving name and title of officer] personally came A. B., and C. B. his wife, who I am satisfied are the grantors mentioned in the foregoing deed [or, instrument]; and I having first made known to them the contents thereof, they acknowledged that they signed, sealed, and delivered the same as their voluntary act and deed, for the uses and purposes therein mentioned. And the said C. B., being by me examined privately and apart from her husband, previously acknowledged that she signed, sealed, and delivered the same as her voluntary act and deed, freely, and without any fear, threats, or compulsion of her husband.

Bank at

[Signature.]

18 before me [giving

BE IT REMEMBERED, that on this day of name and title of officer] personally came A. B., who is, I am satisfied, the cashier of the who, being by me duly sworn, did depose and say: That he knows the corporate seal of said bank, and that the seal affixed to the foregoing conveyance [or, instrument] is the corporate seal of said bank; and that the said seal was affixed to the said conveyance [or, instrument] by order of the directors of said bank; that C. D. is the president of said bank, and did sign the said conveyance [or, instrument] by order of the said directors, in deponent's presence; and that he, this deponent, by the like order, did sign his name thereto as the cashier of said bank. [Signature.]

96. Acknowledgment of Deed Executed by an Attorney in Fact. STATE OF NEW JERSEY,

County of

}

88.

BE IT REMEMBERED, that on the

day of

1

18 before me [giving name and title of officer] personally came C. D., who, I am satisfied, is the attorney in fact of A. B., the grantor named in the foregoing conveyance

New Jersey.

· [or, instrument]; and I having first made known to him the contents thereof, he acknowledged that he signed, sealed, and delivered the same in the name of, and as the voluntary act and deed of, the said A. B., for the uses and purposes therein mentioned.

97. Proof by Subscribing Witness.

STATE OF NEW JERSEY, }

88.

day of

[Signature.]

BE IT REMEMBERED, that on this 18 personally came before me [giving name and title of officer] M. N., of full age, who, being duly sworn according to law, on his oath saith: [or, who, alleging himself to be conscientiously scrupulous of taking an oath, being duly affirmed according to law, on his solemn affirmation saith:*] That he saw the said A. B., the within-named grantor, sign, seal, and deliver the within conveyance [or, instrument], as his voluntary act and deed; and that he, the said M. N., subscribed his name to the same at the same time, as an attesting witness. [Signature.]

98. Proof where Witness is Dead or Cannot be Obtained. [As in the preceding form to the *, continuing thus:] That he is well acquainted with the handwriting of O. P., one of the subscribing witnesses to the within conveyance [or, of A. B., the within-named grantor], having frequently seen him write; and that he verily believes the name of the said O. P. [or, A. B.], signed to the same as one of the attesting witnesses [or, as the grantor thereof], is the proper handwriting of the said O. P. [or, said A. B.] And deponent further says, that the said O. P. [or, A. B.] is now dead [or, resides at , in the State of and cannot be ob

tained to prove-or, acknowledge-the said deed.]

99. Acknowledgment Without the State. (r)

the

[Signature.]

STATE OF

County of

day of

BE IT REMEMBERED, that on this 18 before the subscriber, a commissioner for the State of New Jersey for taking the acknowledgment and proof of deeds, personally came A. B. [and C. B. his wife], known to me [or, proven to my satisfaction] to be the grantor [or, grantors] in the within conveyance [or, instrument] named; and the contents thereof being by me first made known to him, he acknowledged that he [or, to them, they acknowledged that they] signed, sealed, and delivered the same as his [or, their] voluntary act and deed. [And the said C. B., being by me examined privately and apart from her husband, acknowledged that she signed, sealed, and delivered the same freely, without any fear, threat,

(~) This is the form prescribed by the executive department of the State for its commissioners. Proof by subscribing

witness may be drawn by consulting this and the preceding form, No. 97.