Frederick Mortensen Hinch Edward Mills John.

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

. (page 21 of 50)
Online LibraryFrederick Mortensen Hinch Edward Mills JohnAmerican notary and commissioner of deeds manual: the general and statutory ... → online text (page 21 of 50)
Font size
QR-code for this ebook


Digitized by VjOOQIC



170 NOTARIES PUBLIC. [§ 302

I 302. Kew Hampriilro— ACKNOWLEDGMENTS— IN A FOREIGN
COUNTRY — taken before a justice, notary, commissioner, a minister or
consul of the United States. PERSONALLY KNOWN— to officer not
required. WITNESSES — two or more to a deed; three or more to a
will. PRIVATE SEALS— scroll required. WOMEN— age to convey,
twenty-one. If not of age, conveyance is only by jointure. Separate
examinations not required. DOWER AND CURTESY— one-third for life.
Conveyance by jointure. HOMESTEAD — exemption, $500. Convey-
ance by jointure. POWER OP ATTORNEY — can so convey same as by
deed. No deed of bargain and sale, mortgage, nor conveyance of real
property, nor any lease for more than seven years shall be valid against
any person but the grantor and his heirs unless attested, acknowledged
and recorded. Same with power of attorney for conveyance of real
estate. Person interested may have his deed or lease recorded in more
than the one original county. Proof of execution of deed may be made
by one or more of the subscribing witnesses before any court of record
in the state. If not accessible, proof may be made on oath of two wit-
nesses acquainted with the grantor's handwriting. If the grantor or
lessor is a resident of this state, notice of the time and place of proving
the same, signed by a justice, shall be delivered to him or at his abode
fourteen days prior to the time of proving. A justice may, upon com-
plaint of an interested party, issue a warrant to compel party having an
unrecorded deed to place same on record or commit him to jail until the
request is complied with. ACTION — to recover land limited to twenty
years. DEED — when recorded is notice. If not acknowledged may be
recorded sixty days. MORTGAGE — redemption barred by entry under
process and possession for one year, or by peaceable entry, possession for
one year and publication of notice. MECHANIC'S LIENS — continue
for ninety days; secured by attachment. TAX — redemption, one year;
highway tax, two years. JUDGMENT — redemption in thirty days.

S 303. New Jersey— ACKNOWLEDGMENTS— officer must make
known the contents of the instrument to the party acknowledging and
they must certify it as their voluntary act and deed. IN THIS STATE —
before the state chancellor, commissioner of deeds, justices of the su-
preme court, a master in chancery, a judge of a court of common pleas,
clerk of such court, deputy county clerk, surrogate, deputy surrogate,
attorney at law, notary public, or register of deeds; the certificate shall
be written upon or under the instrument. Same shall be received in
evidence in any court of the state. Any common pleas judge may take
an acknowledgment for land in any county in the state, county clerks,
register of deeds. IN ANOTHER STATE— before the chief justice or
justices of the United States supreme court, a master in chancery for
this state or any attorney of this state, any United States circuit or
district judge, any judge or justice of the supreme or superior courts of
any state or their chancellors, a commissioner of deeds for this state
under his seal of office, any mayor or chief magistrate of any city,
borough or corporation under their seal, a* judge of common pleas, each



Digitized by VjOOQIC



§ 304] CONVEYANCES AND ACKNOWLEDGMENTS. 171

to applj certificate of his office and authorization under his court or
official seal. IN ANY FOBEIGN COUNTBY— commissioner of deeds
for New Jersey, or master in chancery for this state, any public am-
bassador, minister, consul, vice consul, consular agent, charge d'affaires,
or other representative of the United States, any court, notary public,
any mayor or chief magistrate of any city, duly certified under the
city seal, and shall be as effectual as if made before the chancellor of
this state, provided, that when made before a judge, a certificate under
the seal of the state, nation or court where made shall be attached
stating the officer is such. PERSONALLY KNOWN— or identified by
subscribing witnesses to the officer is required. WITNESS — ^two to deed;
two to a. will. Testator may acknowledge signature to witnesses.
PRIVATE SEAL — scroll required. WOMEN — age to convey, twenty-one
years. Separate examination required, and sign, seal and deliver same
as her voluntary act and deed freely without fear, contents of instru-
ment having been explained. DOWER AND CURTESY — one-third each
for life and are conveyed by jointure. HOMESTEAD — exemption,
$1,000. Transferred by jointure. POWER OP ATTORNEY— to convey
must be by jointure of husband and wife, acknowledged, signed and
recorded as by deed. ACTION — to recover land limited to twenty years.
MORTGAGE — ^redemption limited to six months. TAX — ^redemption
limited to one year. JUDGMENT LIEN — limited to twenty years.

{ 304. New Mexico— CONVEYANCE— any person or body politic
holding any right or title to real estate in this territory may convey the
same, subscribed to by the person transferring or by his legal agent or
attorney. ACKNOWLEDGMENTS IN THE STATE— may be made
before a clerk of the district court, a judge or clerk of the probate
court, under the court seal, a notary public, or a justice of the peace.
IN OTHER STATES— before a clerk of a court of record having a seal,
a commissioner of deeds appointed under the laws of this state or a
notary public. OtTTSIDE THE UNITED STATES— before a United
States minister, commissioner, charge d'affaires, consul general, consul^
vice consul, deputy consul or agent, resident in the country, a notary
public, having a seal. PERSONALLY KNOWN— to the officer or proved
by two reliable witnesses and so stated. WITNESSES — none to deed;
two to a will. PRIVATE SEALS— not required. WOMEN— a married
woman uniting with her husband in the execution shall be described hr
his wife. Her acknowledgments shall be taken and certified as if she
were sole. Not necessary to join with him. No separate examination
is required. A married woman need not personally appear before the
officer. She may sign and convey any conveyance through an attorney,
who may be authorized in writing by a power of attorney executed
and acknowledged by herself and husband as authorized by law.
DOWER AND CURTESY— abolished. Community property system pre-
vails. HOMESTEAD — exemption, $1,000. Conveyed by jointure of hus-
band and wife. POWER OF ATTORNEY— shall be certified and regis-
tered, and revoked only in writing and by record. ABSTRACTS —



Digitized by VjOOQIC



172 NOTARIES PUBLIC. [f 30?

under the seal of any title abstract company incorporated and doing
business in this state shall be received in all courts of this state in
evidence. A false certificate by an officer of such company or any
person shall, upon conviction, subject to a fine of not more than $500
or imprisonment in the penitentiary not to exceed three years, or both.
Foreigners shall have full power to acquire and hold real estate by
deed, will or inheritance, when acquired in good faith same as a citizen
of the United States; also to aliens to sell, aasign and transfer same.
ACTION— to recover land limited to ten years. MORTGAGE— redemp-
tion limited to one year. MECHANIC'S LIEN— filed by contractors
within ninety days; other persons, sixty days; eontinuei in force two
years. TAX— redemption, three years. JUDGMENT UEN— exists five
years.

I 306. New Toik— ACKNOWLEDGMENTS— m THE STATE— of
deeds may be made before a justice of the supreme court anywhere in
the state, before a judge, clerk, deputy clerk, special deputy clerk of a
court, a notary, mayor, or recorder of a city, a justice of the peace, in
his county, surrogate, special surrogate, special county judge or commis-
sioner of deeds, within the district of their appointment. IN OTHEB
STATES— before a judge of the supreme court, of the circuit court of
appeals, or of the distriet court of the United States, a judge of the
supreme, superior or circuit court of a state, a mayor of a city, a
commissioner appointed for that purpose by the governor of the state,
any officer authorized by the laws thereof to take acknowledgments,
each acting within their jurisdiction or court. When taken by a com-
missioner appointed by the governor for a city or county within the
United States, and without this state, the certificate must also state the
day on which and the town and county or the city in which it was
taken. IN POEBIGN COUNTRIES— before a United States ambassa-
dor, minister plenipotentiary, minister extraordinary, minister resident,
or charge d 'affaires, residing and accredited within the country, a consul
general, vice consul general, deputy consul general, vice consul or deputy
consul, a consular or vice consular agent, or a consul or commercial or
vice conunercial agent of the United States residing in the country, a
commissioner appointed by the governor and acting within his juris-
diction, a person specially authorized for that purpose by a commission
under the seal of the supreme court issued to a reputable person residing
in or going to the country, under seal. In Porto Bico, Philippine Islands,
Cuba, or places where United States exercises sovereignty, before judge
or clerk of court of record, mayor or chief officer of city, commissioner
appointed by governor of this state, officer of United States army of
rank of captain or higher, of?icer of United States navy of rank of
lieutenant or higher. Certificate of officers, except last two to have seal
attached or statement that officer has no seal. Certificate of army and
navy officers to be authenticated by secretary of war, or navy, as case
may be. If within states comprising Empire of Germany or Kingdom
ef Italy, also before judge of eourt of record under court seal, or notary



Digitized by VjOOQIC



§ 305] 0ONVBYANCE8 AND ACKNOWLEDGMENTS. 173

under his seal and seal of city or town of residence. If within the
Eangdom of Norway, Sweden or Denmark, or any dependencies, before
a judge or clerk of a court of record under seal of court, before mayor
or chief magistrate of city or town under city seal, before notary under
Mb seal and seal of city or town where be resides, before sheriff under
hia hand, and seal of city or town where he resides, before consul gen-
eral, vice consul general, deputy consul general, consul, vice consul,
deputy consul, consular agent, vice consular agent, commercial agent
or vice commercial agent. If within the Dominion of Canada, it may
also be made before any judge of a court of record, or before any
officer of such dominion authorized by the laws thereof. If within the
United Kingdom of Great Britain and Ireland or the dominion there-
unto belonging, it may also be made before the mayor, provost or other
chief magistrate of a city or town therein, or a notary. The certificate
must be under the hand and seal of the officer taking, or the seal of
the office to which he is attached. A clerk's certificate authenticating
a certificate of acknowledgment taken before a judge or court of record
in Canada must specify that there is such a court, that the judge before
whom the acknowledgment was taken was, when it was taken, a judge
thereof, that such court has a seal, that the officer authenticating is
clerk thereof, that he is well acquainted with his haudwriting and be-
lieves his signature is genuine. An officer authenticating a certificate
of acknowledgment or proof must subjoin or attach to the original
certificate under his hand, and if he has, pursuant to law, an official
seal, under such seal. Except when the original certificate is made by
a judge of a court of record in Canada, such certificate of authentica-
tion must specify that at the time of taking the acknowledgment or
proof the officer taking it was duly authorized to take the same, that the
authenticating officer is acquainted with the former's handwriting, or
has compared the signature to the original certificate with that de-
posited in his office, and that he believes it genuine. If the original
certificate is required to be under seal he must also verify that. A
certificate of, made within the state, by a commissioner of deeds, justice
of the peace, or, except as otherwise provided by law, by a notary
public, does not entitle the conveyance to be read in evidence or re-
corded, except within the county in which the officer resides at the
time of making such certificate, unless authenticated by a certificate of
the clerk of the same county. This docs not apply to a conveyance ex-
ecuted by an agent for the Holland Land Company or of the Pultney
estate, lawfully authorized to convey real property. In the following
cases a certificate of acknowledgment or proof is not entitled to be read
in evidence or recorded unless authenticated by the following officers,
respectively: Where the original certificate is made by a commissioner
appointed by the governor, by the secretary of state; where made by a
judge of a court of record in Canada, by the clerk of the court; where
made by the officer of a state of the United States or of the Dominion
of Canada authorized by the laws thereof to take the acknowledgment
or proof of deeds to be recorded therein, by the secretary of state of



Digitized by VjOOQIC



174 NOTARIES PUBLIC. [§ 306

the state, or the clerk, register, recorder or prothonotary of the county
in which the officer making the original certificate resided, when cer-
tificate was made, or by the clerk of any court of that county having
by law a seal. The officer within state can compel the subscribing wit-
ness to attend and testify before him concerning the execution of the
conveyance. Refusal to testify forfeits to the person injured $100 and
commitment to prison by the officer, there to remain without bail and
without liberties of the jail until he answers under oath. The officer
must indorse upon or attach to the instrument a certificate, signed by
himself, stating all matters required to be done, known or proved, to-
gether with the name and substance of the testimony of each witness
examined, and if a subscribing witness, his place of residence. MAR-
RIED WOMEN — may acknowledge the same as if unmarried. Age,
twenty-one. PERSONALLY KNOWN — officer must know the party ac-
knowledging or have satisfactory evidence that the party making it is
the one who executed the instrument. When proof is made by a sub-
scribing witness, he must state his residence, that he knows the party.
Officer must know the witness to be the subscribing witness. WIT-
NESSES— none if acknowledged; two to will. PRIVATE SEAL—scroll
required. DOWER — one-third for life for widow; conveyed by jointure.
HOMESTEAD— exemption, $1,000. POWER OP ATTORNEY— to con-
vey by married woman does not require husband's concurrence, but she
must acknowledge and sign same in a private examination. ACTION —
to recover land limited to twenty years. ESTATES TAIL — ^limited to
lives of two in being. Husband and wife can convey to each other.
JUDGMENT LIENS— limited to twenty years. MECHANIC *S LIENS
— action expires in one year; redeemed before action. MORTGAGE
LIEN — limited to twenty years. TAX — ^redemption, one year. RE-
CORDING — is notice; deeds void unless recorded.

f 806. Korth OaroUn^— IN THE STATE— execution of deeds, con-
tracts, mortgages, powers of attorney, leases for more than three years,
releases or instruments required to be registered, may be proved or ac-
knowledged before several justices of supreme court, judges of superior
court, commissioner of deeds, clerks of supreme court, clerks of superior
court, deputy clerks of superior courts, several clerks of criminal courts,
notaries public and justices of the peace. OUTSIDE OF STATE — be-
fore judge or clerk of court of record, notary public, commissioner of
deeds, mayor or chief magistrate of eity or town, ambassador, minister,
consul, vice consul, consul general, vice consul general or commercial
agent of the United States, or justice of the peace. Latter must be
certified by clerk of court of record of county where justice resides.
PERSONALLY KNOWN — ^personal appearance necessary. Personal
knowledge of is not required. WITNESSES — one or more to a deed;
two to a will. PRIVATE SEAL—scroll required. WOMEN— age to
convey, twenty-one years. Married women can convey their separate
property. Separate examination of married woman is necessary; also
necessary to a chattel mortgage. Real property conveyed with writ-



Digitized by VjOOQIC



§ 308] OONVEYANOES AND ACKNOWLEDQMBNTS. 175

ten assent of husband. I>OWER AND CTJETE8Y — one-tliird life.
Conyeyances made by jointure of husband and wife. HOMESTEAD —
exemption, $1,000. Conveyed by jointure. POWER OF AT-
TORNEY— can so convey. Must be jointly by husband and wife.
ACTION— to recover land limited to twenty years. ESTATE TAIL—
jibolished. JUDGMENT, MECHANIC'S LIEN, MORTGAGE LIEN—
limited to ten years. TAX — ^redemption, one year.

I 307. North Dakotar-ACKNOWLEDGMENTS— IN THE STATE—
before a justice or clerk of the supreme court or notary public. Within
their jurisdiction before a judge or clerk of a court of record, mayor
of a city, register of deeds, justice of the peace, county auditor, or a
United States circuit or district court commissioner. WITHOUT THIS
STATE — but within the United States and within the officer's jurisdic-
tion — before a justice, judge or clerk of any court of record, a notary
or any officer so authorized by the laws of his state, a commissioner of
deeds appointed by the governor of this state. WITHOUT THE UNIT-
ED STATES — ^before a minister, commissioner or charge d'affaires of
the United States resident and accredited in the country, a secretary of
legation, a consul, vice consul, or consular agent resident in the country,
a judge, clerk, register or commissioner of a court of record, a notary
public, any officer so authorized by the laws of the country, or deputies
of the officers mentioned. Officers must authenticate, by using their seal
of office if they have one, their signature and title. An acknowledg-
ment before a justice of the peace to be used outside his county must
be accompanied with the certificate of a clerk of a county court or any
other court of record under his hand and seal of office, stating that
such justice at the taking was authorized to be the same and that the
clerk is acquainted with hie handwriting and believes the signature
genuine. Cannot be taken by a party in interest. PERSONALLY
KNOWN — ^to the officer or proved by witnesses is required. WIT-
NESSES— two to will; none to a deed; execution of deed may be proved
by subscribing witness. PRIVATE SEALS— abolished. WOMEN— age
to convey, eighteen. Convey same as if single. Separate examination
not required. DOWER AND CURTESY— abolished. Estate descends in
equal shares to surviving spouse and child, or issue of such child if only
one child. If more than one child, one-third to surviving spouse and re-
mainder to children. HOMESTEAD — exemption, $5,000. Conveyed by
jointure of husband and wife. POWER OF ATTORNEY— conveyance
so made as by deed. ACTION — to recover land limited to twenty years.
MORTGAGE — redemption limited to one year. MECHANIC'S LIEN —
claim to be filed in ninety days; suit to begin in thirty days after if de-
manded. Must be enforced within six years. TAX — redemption limited
to three years. JUDGMENT LIEN — redemption in one year; lien lim-
ited to ten years.

{ 308. Ohio— ACKNOWLEDGMENTS— IN THE STATE— before a
judge of a court of record or its clerk, county auditor, surveyor or
•lotary, mayor or justice of the peace, certified and signed on document,



Digitized by VjOOQIC



176 NOTARIES PUBLIC. [§ 309

a commiBflioner of deeds for Ohio or United States contul. WITHOUT
THE STATE — ^before a commissioner, consul general, vice consul gen-
eral, deputy consul general, consul, vice consul, deputy consul, commer-
cial agent and consular agent, resident in foreign country. PERSON-
ALLY KNOWN — or proved to the oflBcer and personal appearance neces-
sary. WITNESSES — ^two required to deeds; two to a will. PRIVATE
SEALS — abolished, except corporations. WOMEN — age to convey,
sixteen; may convey as if unmarried. Separate examination not re-
quired. DOWER — exists as to widow and widower, one-third the estate
for life. CURTESY— abolished. POWER OF ATTORNEY— acknowl-
edged same as deed, etc. ACTION — to recover land limited to twenty-
one years; if a disability, ten years after the removal. ESTATE TAIL
—limited to life in being. HOMESTEAD — exemption, $1,000. DEED —
is notice when recorded. MORTGAGE — redemption limited to thirty
days. TAX — redemption limited to two years. JUDGMENT — redemp-
tion before thirty days; lien limited to five years.

f 809. Oklahomar-ACKNOWLEDGMENTS IN THE STATE— may be
taken before a notary public, county clerk, or clerk of the district
or county court, county judge. OUTSIDE THE STATE— by any
notary public, clerk of a court of record, commissioner of deeds ap-
pointed by the governor. IN A FOREIGN COUNTRY— by any court
of record or its clerk, or any United States consul or county must be
taken under the officer's seal. PERSONALLY KNOWN— or proved to
officer is required. WITNESSES — ^none required to deeds; two to a
will. PRIVATE SEALS — dispensed with. Conveyances or instruments
affecting title to real estate must be in English language. WOMEN —
age to convey, eighteen years. Wife may convey separate property as
if unmarried. Separate examination not required. DOWER AND
CURTESY— abolished. HOMESTEAD — exemption, 160 acres; in city,
one acre. Released by wife joining husband in deed. POWER OF AT-
TORNEY — to convey real estate must be signed, acknowledged and
recorded same as a deed. Release of mortgage may be made on the
margin of the record by the holder or his agent or it may be made
on a separate instrument signed and acknowledged and recorded. AC-
TION— to recover land limited to fifteen years. MECHANIC 'S LIEN—
filed within four months; suit brought in one year. TAX — ^redemption,
two years. JUDGMENT UEN— limited to five years.

f SIO. Oregon— ACKNOWLEDGMENT— IN THIS STATE— taken by
a judge of the supreme court, county judge, justice of the peace or
notary in the state, certified and dated under their hand. IN ANY
OTHER STATE — according to its laws and acknowledged before any
judge of a court of record, justice of the peace, notary public, or other
authorized officer by the state's laws, or a commissioner appointed by
the governor of this state for the purpose. Unless taken before a com-
missioner appointed by the governor of this state for the purpose, or a
notary certified under his official seal, or before the clerk of a court of
record certified under the seal of the court, it shall have attached a



Digitized by VjOOQIC



§ 311] 00NVEYANCE8 AND ACKNOWLEDGMENTS. 177

certificate of the clerk or other proper certifying officer of a court of
record of the county or district, under the seal of his office, that the
person whose name is subscribed to the certificate was at the date such
officer, that he believes the signature genuine, that the deed is executed
according to the law of the state. IN A FOREIGN COUNTBY— it may
be executed to the law of the country and acknowledged before a
notary or a United States minister plenipotentiary or extraordinary,
minister resident, charge d'affaires, commissioner, consul, vice consul, or
consul general, appointed to reside there and certified under his hand.
The notary's seal shall be attached to his acknowledgment. TELE-
GRAPHIC COPY — of acknowledgment may be admitted to record.
PERSONAUiY KNOWN — or identified to officer by subscribing witness
required, and personal appearance. WITNESSES — ^two to a deed; two
or more to a will. PRIVATE SEAIi— scroll. WOMEN— age of, eighteen.
May convey by joining husband, stating she executes it freely and
voluntarily, any time after marriage. Out of the state she can execute
same as if single her separate property. Separate examination not re-
quired. DOWER AND CURTESY— husband and wife have a one-half
life interest in each other's property. Conveyance by jointure. HOME-
STEAD — $3,000, as long as occupied. Conveyance jointly. POWER OF
ATTORNEY — can so convey same as by deed if unmarried; if married,
by jointure. Either can convey their separate property without joint-



Online LibraryFrederick Mortensen Hinch Edward Mills JohnAmerican notary and commissioner of deeds manual: the general and statutory ... → online text (page 21 of 50)