Frederick Mortensen Hinch Edward Mills John.

American notary and commissioner of deeds manual: the general and statutory ... online

. (page 19 of 50)
Online LibraryFrederick Mortensen Hinch Edward Mills JohnAmerican notary and commissioner of deeds manual: the general and statutory ... → online text (page 19 of 50)
Font size
QR-code for this ebook


Digitized by VjOOQIC



I 982] OONVKYANOKS AND ACKNOWLEDGMENTS. 185

i 881. norida— ACKNOWLEDGMISNTS— IN THE SPTATE— before
any judge^ clerk or deputy clerk of any court of record, United States
eommissioner, notary public or justice of the peace of thii state, under
their court or official seal. IN ANOTHER STATE— before a commis-
sioner of deeds for this state, a judge or clerk of any United States or
state court having a seal, or before a notary or justice of the peace of
such state, master in chancery, register or recorder of deeds, having a
seaL IN FOREIGN COUNTRIES— before any commissioner of deeds
appointed by the governor of this state resident there, before any notary
having a seal, ambassador, envoy extraordinary, minister plenipotentiary,
any minister, commissioner charge d'affaires, consul general, consul, vice
eonsul, consular agent or any other consular or diplomatic agent of the
United States appointed to reside there, or other military or naval officer
authorized to perform duties of a notary. Such proofs to be under the
official seal of the officer. PERSONALLY KNOWN— or satisfactorily
identified to officer, is required. WITNESSES — two required to deed;
two to wills. PRIVATE SEALS— scroll is required. WOMEN— married
women may sell and convey as if unmarried; husband must join; married
woman minor can convey; her separate examination required, and that
she executed it freely and voluntarily and without compulsion, con-
straint, apprehension or fear of or from her husband. This is required
in the officer's certificate. DOWER — ^may be released by joining hus-
band in the conveyance. CURTESY — none. Spanish law preserved.
HOMESTEAD — one hundred and sixty acres of land or one-half of one
acre in an incorporated city or town and $1,000 personalty. Husband
and wife to join in conveyance. POWER OP ATTORNEY — to convey
to be acknowledged, signed and recorded. Husband must join wife in
it. ACTIONS to recover land limited to seven years. TAX — redemp-
tion, two years. MECHANIC'S LIEN — ^limitation, one year.

1^82. Georgia— ACKNOWLEDGMENTS— IN THE STATE— to au-
thenticate the record of a deed, it must be attested by a judge of a court
of record of the state, or a justice of the peace, or a notary public, or
clerk of the superior court, in the county where the last three hold their
appointments, or if subsequent to its execution the deed is acknowledged
in the presence of either of the named officers, that fact, certified on the
deed by such officer, shall entitle it to record. EXECUTED OUTSIDE
THE STATE — it must be attested by or acknowledged before a com-
missioner of deeds for this state, a consul or vice consul of the United
States, their certificate under their seal being sufficient evidence of the
fact; or by a judge of a court of record in the state where executed, with
a certificate of the clerk under the court's seal of the genuineness of
the judge's signature; or by a clerk of a court of record under the seal
of the court; or by a notary public of the state and county where exe-
cuted with his seal or with a certificate from the clerk of the county,
[country] under which the notary holds his appointment. PERSON-
ALLY KNOWN— to officer, must be, or identified to. DEEDS— must be
in writing. WITNESSES — ^two required to deeds and three to wills.



Digitized by VjOOQIC



166 NOTARIES PUBUO. [§ 283

PBIVATB SEALS— scroll required. MARBIED WOMAN— must join
husband in conveTing her interest. Separate examination required stat-
ing that she joins with husband of her own free will and consent, with-
out any compulsion or force used by him to oblige her to do so. Such
statute applies only to sales by husbapd where wife has interest because
of marriage. All property of wife, real or personal, remains her separate
property on marriage. Husband may deed directly to wife without
interrention of trustee. Wife may mortgage her separate estate.
DOWER — one-third for life. Transferred by joining husband in the deed.
CURTESY — ^none. HOMESTEAD — application to sell for reinvestment
must be made to the judge of the county superior court. POWER OF
ATTORNEY — wife may convey by. ACTION — for recovery of land
limited to twenty years. DEEDS— first on record take effect. ESTATES
TAIL — ^limited to lives in being. MORTGAGE — redemption limited to
ten years after recognition of right. MECHANIC *S LIEN — ^notice must
be recorded in three months; enforced in twelve months. TAX — ^redemp-
tion limited to one year. JUDGMENTS — dormant after seven years may
be revived by scire facias or suit within three years after becoming
dormant.

I 283. auam— ACKNOWLEDGMENTS— taken before a notary pub-
lie or judge appointed therein by proper authority, or by officer who
has ex officio powers of notary, accompanied by certificate of governor
or acting governor to effect that notary was in fact officer he purported
to be.

f 284. Hawaiian Wandfl— ACKNOWLEDGMENTS— IN THE TER-
RITORY — taken by register of conveyances or his agent, judge of a
court of record, or a notary of the territory. Notary or other officer must
inspect and note erasures or changes before taking acknowledgment, un-
der penalty. Penalty also imposed for false certificate of acknowledg-
ment, or misleading statement in certificate, as well as civil liability for
damages. False certificate is forgery. OUT OF THE TERRITORY—
taken before a notary or judge of a court of record. PROOF OF EXE-
CUTION OF DEED — ^may be made by subscribing witness before judge
of court of record of territory should anything occur to prevent acknowl-
edgment. PERSONALLY KNOWN— to the officer taking is required
of every grantor or proof of their identity by a credible witness. Offi-
cer's certificate must so state. DOWER — one-third fee simple exists, is
released by jointure or by separate deed. CURTESY — none. MARRIED
WOMAN — to be examined apart from husband that she signed without
compulsion, fear or restraint of husband. May convey property as if
sole, but written consent of husband required to sale or mortgage of
real estate. Unmarried women may convey at age of eighteen. WIT-
NESSES — none required to deed when acknowledged; two required to
wills. LIMITATIONS — action for recovery of land limited to ten years,
or five years after removal of disability. DEEDS — ^not recorded^ void
as to subsequent purchasers for value without notice. MORTGAGE —
redemption within one year. MECHANIC'S LIEN — notice to be filed



Digitized by VjOOQIC



§ 286] OONVKYANCES AND ACKNOWLEDGMENTS. 157

with eircait court clerk in three months. JUDGMENTS — presumed paid
and satisfied after twenty years. TAX — ^redemption limited to one year.

i 285. Idalio— ACKNOWLEDGMENTS— IN THE STATE— may be
made before a justice or clerk of the supreme court. Within the city,
county or district, before a judge or clerk of a court of record, a county
recorder, notary or justice of the peace. WITHOUT THE STATE—
but in the United States and within the jurisdiction of — a justice, judge
or clerk of a court of record of the United States, a justice, judge or
clerk of any state court of record; a commissioner, appointed by the gov-
enior of this state; a notary or any officer authorized by his state laws.
OUTSIDE THE UNITED STATES — before a minister, commissioner or
charge d 'affaires, a consul, vice consul of the United States, resident and
accredited, a judge of a court of record; commissioners appointed by
this state governor; a notary, or by deputies of the officers mentioned,
except notaries, all residents of the country. PEBSONALXiY KNOWN
— to the officer is required, or positive identification. WITNESSES —
one witness to a deed if not acknowledged; two to wills. PRIVATE
SEALS — ^not required. WOMEN — age to convey, eighteen. Married
women may convey their separate property without joinder of husband.
Husband cannot sell or incumber community property unless wife joins.
Acknowledgment of married woman taken and certified in same man-
ner and form as single person. DOWEB AND CURTESY— none. Com-
munity of interest. Conveyance jointly. POWER OP ATTORNEY—
subscribed in name of principal. ACTION — to recover land limited to
five years. DEEDS — take effect 'when recorded and are constructive
notice to subsequent purchasers and mortgagees. ESTATES — ^limited to
persons in being. HOMESTEAD — exemption, $5,000 to head of family;
$1,000 to others; conveyed jointly. MORTGAGE — ^redemption within
one year from sale. MECHANIC'S LIENS — contractor files in ninety
days; others in sixty days; holds six months after. TAX — ^redemption,
three years. JUDGMENT LIEN — expires in five years.

f 286. Ullnols— ACKNOWLEDGMENTS— IN THE STATE— may be
taken before a master in chancery, notary. United States commissioner,
county clerk, justice of the peace, or any court of record having a seal,
or any judge, justice or clerk of such court. A notary or United States
commissioner must attest with their official seal. A justice of the peace
residing out of the county of the land must have attached to the instru-
ment the certificate of the clerk of his county court, under his seal of
office, that he is a justice of the peace at the time. FRAUDULENT AC-
KNOWLEDGMENT— any officer falsely certifying with intent to de-
fraud or injure or enable any other person to so act shall be imprisoned
in the penitentiary not less than one nor more than five years, or con-
fined in the county jail not exceeding one year and fined not exceeding
$1,000. IN OTHER STATES— taken before a justice of the peace,
notary public, master in chancery, United States commissioner, commis-
si oner of deeds, mayor, county clerk, judge, justice, clerk or deputy
clerk, of the United States supreme, circuit or district courts, same of



Digitized by VjOOQIC



IBS K0IABII8 PUBLIC. [{ 286

maj ftttte, 0«pr«a«, cireoit, faptrior, diitriet, county or eommon plta%
probatt, orphan or lorrogate eoort, or prothonotarj or regiiter. In a do-
pendency of the United States before a commiBBioned officer in United
Statef military teryice. Each need their own or court official feal. Jua-
ticeg of the peace and maiters in chancery shall have added the certifi-
cate of the proper clerk under his official seal, stating they are author-
ized to take and are in office. May be made in conformity to the laws of
the state where made, if bo certified to, by the county court clerk.
WITHOUT THE UNITED STATES— may be taken before any court
having a seal, before any judge, justice or clerk thereof, any mayor or
chief officer of a city or town having a seal, a notary public, eommia-
sioner of deeds, or any ambassador, minister, secretary of legation or
consul, vice consul, deputy consul, commercial ageut or consular agent of
the United States attested by their official seal, or before any officer au-
thorized by the laws of the place where such acknowledgment or proof ia
made to perform such acts. Must be attested by official seal. If they
have no seal, a certificate must be added by some ambassador, minister,
secretary of legation, vice consul, deputy consul, commercial agent of the
United States, resident there, under his official seal showing that such
officer or court is acting at the time. Proper proof being shown, the
form of the country shall be prima facie evidence and shall be valid in
law. Fraudulent acknowledgments punishable by fine and Imprisonment
from one to five years and $1,000. Being a stockholder or officer of a
corporation does not prohibit the officer from taking. BECOBD OF
DEEDS — ^mortgages, etc., required; notice is from time of filing. Unac-
knowledged deeds may be recorded but not admitted as evidence unless
proved. PEBSONALIiY KNOWN— or positively identified to officer is
required. WITNESSES— none to a deed; two to a will. PBIVATB
SEAIfi — scroll required. WOMEN — age to convey, eighteen. Separate
examination not required. DOWEB— one-third interest for life, to hus-
band and wife, latter 's interest, conveyed by joining husband. CUBTE-
SY— abolished. HOMESTEAD — exemption, $1,000. Conveyed by
jointure clause must be inserted in the deed, "including the release and
waiver of the right of homestead." POWEB OF ATTOBNEY— married
woman can convey her estate as if single. ACTION — to recover, land
limited to twenty years. ESTATE — fee simple conveyed, estate
tail abolished. MOBTGAGE — ^redemption limited to one year. ME-
CHANIC'S LIEN — contractor's claim to be filed in four months after
work if additional work, then four months thereafter. Suit shall be
brought to enforce lien, or a verified claim for lien shall be filed with
the clerk of the circuit court within two yean after completion of the
work. TAX — redemption limited to two years. JUDGMENT — ^redemp-
tion limited to twelve months. JUDGMENT UEN— limited to seven
years. TBUST DEEDS— used as mortgages. CHATTEL MOBTGAGES
— ^no mortgage, trust deed or other conveyance of personal property
having the effect of a mortgage or lien upon such property, shall be
valid as against the rights and interests of any third person, unless
possession thereof shall be delivered to and remain with the grantee, or



Digitized by VjOOQIC



§ 288] OONVBTANOSS AND A0KK0WLED0MENT8. IM

tli« instroment ihall provide for tht possession of ths propsrtj to rsMAln
witb the grwjitoT, and the instrument is acknowledged and recorded as
hereinafer directed; and every such instnunent shall, for the purposes of
this act, be deemed a chattel mortgage. — J. ft A. Anno. St. 1 7570.
Such instrument shall be acknowledged before a justice of the peace of
the town or precinct where the mortgagor resides, or if there be no
acting justice of the peace in the town or precinct where the mortgagor
resides, then such instrument may be acknowledged before the county
judge of the county in which the mortgagor resides; or, if the mort-
gagor is not a resident of this State at the time of makyig the acknowl-
edgment, then before any officer authorized by law to take acknowledg-
ment of deeds. The certificate of acknowledgment may be in the fol-
lowing form: This (name of instrument) was acknowledged before me
by (name of grantor) (when the acknowledgment is made by a resi-
dent, insert the words "and entered by me")* t^^ d*y o' > IS — •

(Name of officer.)
Witness my hand and seal — (J. ft A. St. t 7577).

S 287. Indianar-ACKNOWLEDGMENTS— IN THIS STATE— by a
judge, clerk of a court of record, judge of superior court, justice of the
peace, notary, mayor, auditor, recorder, member of the legislature or
prosecuting attorney. IN OTHER STATES — the same, also commis-
sioner of deeds, for this state, so appointed. IN FOREIGN LANDS —
United States ministers, consul, charge d'affaires, any officer so author-
ized by his country. Officer having no seal must have certificate attached
of his circuit court clerk, and must state that the officer was at the
time lawfully acting and that his signature is genuine. PERSONALLY
KNOWN— to officer, not required. WITNESSES— none required to
deeds; two or more to wiUs. PRIVATE SEALS — not required. WOMEN
— age to convey, eighteen. Conveys by joining husband in the deed.
May dispose of own property without concurrence of husband. Separate
examination not required. If married to an alien, does not bar her
rights to hold or convey. Infant wife over eighteen may convey right
to lands of husband, if father, or mother (in case there is no father),
or judge of circuit court (in case there are no parents) declares con-
veyance to be for benefit of married woman. POWER OF ATTORNEY
— ^married woman can join her husband in conveyance by power of at-
torney acknowledged. ACTION — for recovery of land fraudulently
conveyed or sold by executor or guardian, limited to five years. If sold
by execution creditor, to ten years. DEEDS — to be recorded, take prior-
ity from recording. DOWER AND CURTESY— abolished; one-third
real estate descends to widow in fee simple; if over $10,000, one-fourth;
over $20,000, one-fifth. ESTATE TAIL— limited to life in being. HOME-
STEAD— exemption, $600. MORTGAGE— redemption limited to one
year. MECHANIC'S LIENS— to be filed with county recorder in sixty
days, may be enforced within one year. TAX — ^redemption limited to
two years. JUDGMENT LIEN— for ten years.

I 288. lowa^ACKNOWLEDGMENTS— IN THIS STATE— before a



Digitized by VjOOQIC



160 K0TARIB8 PUBLIO. [§ 289

eonrt haring a netd, the court, judge or clerk, justice of the peaee or
notary public, in his county or adjoining county, where certificate filed,
the county auditor or his deputy. OUT OF THIS STATE— before a
court of record or the officer holding its seal, commissioner appointed
by the governor of this state, a notary^ justice of the peace, the latter
must have a certificate showing his authority by the proper authority.
OUTSIDE UNITED STATES — any ambassador, minister, secretary of
legation, consul, vice consul, charge d'affaires, consular agent, or any
other officer of the United States in a foreign country authorized to
issue certificates under the seal of the United States. Any officer of a
foreign country authorized by its laws, but his certificate must be
authenticated by one of the above United States officers' certificate of
acknowledgment. PEBSONALIiY KNOWN— or positively identified by
at least one credible witness, naming him, is required. WITNESSES —
none required by statute to deeds; two to wills. PBIVATE SEALS —
abolished. WOMEN — age to convey, when married; or majority age of
eighteen. May incumber or convey own real property. Separate exam-
ination not required. DOWER — either husband or wife can elect to take
dower or homestead, one-third to each in fee simple. CURTESY — abol-
ished. HOMESTEAD — ^both join in conveyance, survivor continues in
possession. POWER OP ATTORNEY — married woman can convey by
power of attorney. The certificate of a county court clerk is not re-
quired to accompany the certificate of acknowledgment of a notary
public of other states. ACTION — ^to recover land, ten years; for tax,
five years; sold by administrator on mortgage, five years. DEED — ^re-
cording is notice. MORTGAGE — redemption, one year. MECHANIC'S
UEN — contractors file with district court clerk in ninety days, others
in thirty days; right of action limited to two years. TAX — ^redemption
limited to two years nine months; notice by purchaser that time ex-
pires in ninety days required. EXECUTION — sale redemption limited
to one year. JUDGMENT — ^recovery in courts of record, twenty years;
in courts not of record, ten years.

S 289. Kansas— ACKNOWLEDGMENTS— WITHIN THIS STATE—
before some court having a seal, a judge, justice or clerk thereof, or
any justice of the peace, notary public, county clerk or register of deeds,
a mayor or clerk of an incorporated city. OUT OP THE STATE — ^be-
fore a court of record, or clerk or officer holding the seal thereof, before
a commissioner appointed by the Governor of this state, a notary, jus-
tice of the peace, any United States consul resident in any foreign
country. If taken before a justice of the peace, the certificate of a
clerk of a court of record under his hand and court seal must be at-
tached showing the official character of the justice. PROOP OP EXE-
CUTION BEFORE ACKNOWLEDGING— if the grantor by death, in-
ability or refusal to attend and acknowledge, proof of execution may
be made by competent testimony, before any court or officer authorized
to take acknowledgments. The certificate upon the deed must state the
title of the officer, the death, inability or refusal of the grantor, tht



Digitized by VjOOQIC



§ 291] OONVDYANCES AND ACKNOWLEDGMENTS. IGl

names of the witneeses by whom proof was made. The witnesses can
be inbposnaed by the oficer if in the county, by attachment, if neces-
sary. An untruthful certificate subjects the officer to indictment and
fine according to damage or value of the property. PEBSONALLY
KNOWN— must be shown in the certificate. WITNESSES— not re-
quired except to prove a deed; two to wills. PRIVATE SEALS — ^abol-
ished. WOMEN — age to convey, eighteen; may convey own property
to same extent as married men. Separate examination. DOWEB AND
CUBTESY — abolished. Husband and wife share equally; conveyance
to husband and wife creates estate by entirety. HOMESTEAD — hus-
band and wife each entitled to; must join in conveying; exemption, 160
acres; in city, one acre improved. POWEB OP ATTOBNEY — convey-
ance by, must be acknowledged, signed and recorded same as a deed.
ACTION — for recovery of land, on execution, limited to ^ve years; after
sale, on administrator's sale, in five years; after forcible entry, in two
years; after legal disability, in two years; other conditions, fifteen years.
DEED — recording is notice. MOBTGAGE — redemption, fifteen to
eighteen months. MECHANIO'S LIEN— claim to be filed in four months;
enforced one year from filing; redemption, fifteen to eighteen months
by creditor or owner. TAX — redemption in three years. JUDGMENT —
redemption in fifteen to eighteen months.

f 290. Kentucky— ACKNOWLEDGMENTS— IN THE STATE— be-
fore county court clerk or notary public. OUTSIDE THE STATE — be-
fore court clerk, his deputy, a notary, mayor, secretary of state,
commissioner of deeds for this state, or a judge, all under official seal.
FOBEIGN — before a minister, consul or secretary of legation of the
United States, the secretary of foreign affairs, judge of a superior court,
under seal. PEBSONALLY KNOWN— to officer, statutes do not require.
WITNESSES — ^two to a deed not acknowledged; two to wills. PBI-
VATE SEALS — not necessary. WOMEN — age to convey, twenty-one;
may convey by joining with husband. Separate examination and con-
tents explained. She must freely and willingly acknowledge. If in the
state, officer need only state that it was acknowledged before him.
DOWEB AND CUBTESY— each one-third for life. HOMESTEAD—
conveyed by jointure of husband and wife. Exemption, $1,000. POWEB
OF ATTOBNEY — married women may so convey; must be acknowl-
edged and signed same as a deed. ACTION — to recover land limited to
fifteen years; may be ext^ided to thirty years. Married woman or her
heirs, in three to ten years. DEEDS — ^when recorded are notice. ES-
TATES TAIL— abolished. MOBTGAGE— redemption limited to one
year. MECHANIC'S LIEN— statement to be filed in six months with
county clerk; action to be brought in one year from filing. TAX — re-
demption limited to two years. JUDGMENT UEN— limited to fifteen
years. TBUST DEEDS — used as mortgages.

{ 291. LouWanar-ACKNOWLEDGMENTS— taken before clerks of
the supreme court and their deputies, notaries public. OUT OF THE
UNITED STATES — before ambassadors, ministers, charge d'affaires,
11



Digitized by VjOOQIC



162 ^ NOTARIES PUBLIC. [§ 292

secretaries of legation, conBTil generals, consuls, vice consuls, commercial
agents, all under their official seals. PERSONALLY KNOWN— by the
officer taking if required. WITNESSES — two required to deeds. Wit-
nesses to a will olographic, none; public — ^nuncupative, three, residents;
five, if nonresidents; private — ^nuncupative, open, five if residents; seven
if nonresidents; mystic— sealed, three. PEIVATB SEALS— abolished.
WOMEN — age to convey, twenty-one; husband's consent required.
Separate examination. DOWER AND CURTESY — survivor has usufruct
during life; community system exists. HOMESTEAD — allowed so long
as occupied; vacating loses it. Exemption — 160 acres, $2,000. POWER
OP ATTORNEY— may be granted with husband's consent. MORT-
GAGE — and other liens redeemed in ten years if agreed to.

f 292. Maine-ACKNOWLEDGMENT&-IN THE STATE— before a
justice of the peace, or notary public^ or women otherwise eligible under
the constitution and appointed for the purpose by the governor with
the consent of council. OUT OF THE STATE— before any clerk of a
court of record having a seal, notary public, justice of the peace, or
commissioner. IN ANY FOREIGN COUNTRY— before a minister or
consul of the United States, or notary public. Seal of court or notary
to be affixed, and if outside of state, certificate of secretary of state
or clerk of court is necessary. PERSONALLY KNOWN— or iden-
tified to officer, should be, statute ia silent. WITNESSES — not required
to deeds if acknowledged, one witness necessary otherwise; three to wills.



Online LibraryFrederick Mortensen Hinch Edward Mills JohnAmerican notary and commissioner of deeds manual: the general and statutory ... → online text (page 19 of 50)