Frederick Mortensen Hinch Edward Mills John.

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

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His certificate to be authenticated by his signature and official seal.
OATH — ^for faithfulness in office to be taken before a justice of the
peace, notary, court or judge of the county in which he resides, or
where his duties are to be performed, and certified to by the officer.
Not to act until qualified, under penalty, and to qualify within sixty
days, otherwise office is vacant. FEES — see notaries.



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34< KOrARIXS PUBUO. [§ 557

I 007. Wlaeomlii— APPOINTMENT— ^7 the gorernor. Fee— #5.00.
TEBM — four jtMn. OATH— <>f offie« to be taken before a judge or
elerk at a eovrt of reeord where the applieant reeidea. SEAIi— of office
to be procured with which he shall authenticate hia acta. An impresaion
of fame, with hia oath of office and atatement of poet office addreas to
be filed with the tecretary of this sUte. POWEBS— to take acknowl-
edgmentiy depositiona and oaths, certifj same with hia hand and official
seal. FEEB — allowed, same as other oflicera.

I 66S. Wjoaing— APPOINTMENT— by the governor. Fee— ^.00.
TEBM — at the governor's pleasure. POWEB — ^to take depositions, ac-
knowledgments, affidavita and oaths, for use in this state. SEAIi— of
office to be procured, with which all his official acta shall be anthenti-
cated. OATH— of office to be taken and subscribed to before an author-
iaed officer having an ofllcial seal, where applicant resides, same with
signature and official seal impreasion to be filed with the secretary of
this state. Must state in each certificate the date of expiration of hia
commission. FEES — allowed, same as notaries.

I see. Canada APPOINTMENT— by the governor in counciL Fee —
$10.00. DUTIES— to take acknowledgments, releases of dower, attesta-
tiona under oath, affidavits.



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CHAPTER Vn.
FOBMS.

§ 600. The following forms are presented as a guide. It
is the substance which the statutes require more than a literal
copy.

Observe carefully the preceding chapters for the full re-
quirements, as to witnesses, seals, personal appearance and
separate examinations for acknowledgments, deeds, etc.

Depositions vary so much for each case that it is hardly
necessary to enumerate for each State. Also affidavits.

Follow carefully the requirements of the chapter on Nego-
tiable Instruments and the statutory requirements of e^ich
State.

AOKNOWIiEDaHENTS.

POBMS BECOMMENDED BY THE AMEBICAN BAB ASSOCIATION.

No. 1. In CASE OP NATUBAL PEBSONS.

On this day of 19.., before me personally appeared

, to me known to be tbe person. . described in and who exeeuted

the foregoing instrument, and acknowledged that ..he., executed the
same as free act and deed.

No. 2. ACTING BY ATTOBNBY.

On this day of , 19.., before me personallj appeared

, to me known to be the person who executed the foregoing

instrument in behalf of , and aeknowledged that . .he. . executed

the same as the free act and deed of said

No. 8. A OOBPOBATION.

On this day of , 19. ., before me appeared , to me

personally known, who, being by me duly sworn (or affirmed) did say
that he is the president (or other officer) of (describe corporation),
and that the seal affixed to said instrument is the corporate seal of said
corporation (or association), and that said instrument was signed and
sealed in behalf of said corporation (or association) by authority of its

347



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348 NOTARIES PUBLIO. [§ 560

board of directors (or trustees), and said acknowledged said

instminent to be the free act and deed of said corporation (or aasocia-
tion).

No. 4. (Alabama.) HUSBAND AND WIFE.

Bute of ) ^

Goonty of }

I, , hereby certify that C. B. and A. B., whose names are

signed to the foregoing instrument, known to me, personally appeared,
and being made acquainted with the contents thereof, acknowledged the
same this day to be their free act and deed, for the purposes therein
expressed; said A^ B., wife of the said 0. B., was examined separate
and apart from her husband.

Given under my hand and seal of office, this day of ,

A. D. 19..

No. 5. (Alabama.)

State of )

> ss.
County of J

L, M. N. (give officer's title), hereby certify that A. B., whose name
is signed to the foregoing conveyance and who is known to me, acknowl-
edged before me on this day that being informed of the contents of the
conveyance he executed the same voluntarily on the day the same bears
date. Given under my hand, this day of , 19..

No. 6. (Arizona.)

State of Arizona, |
County of J

This instrument was acknowledged before me, this day of

19. ., by (if by a natural person or persons, here insert name or

names; if by a person acting in a representative or official capacity, or
as attorney in fact, then insert name of person as executor, attorney in
fact, or other capacity; if by an officer or officers of a corporation then
insert name or names of such officer or officers as the president or
other officer of such corporation, naming it).

A B

Notary Public (or other officer).
State of Arizona, |
County of (

Before me, , on this day, personally appeared , known

to me (or proved to me on the oath of) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that
he executed the same for the purpose and consideration therein ex-
pressed.

Given under my hand and seal of office, this day of ,

A. D

My commission expires day of , A. D



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§ 560] FORMS. 849

No. 7. (ArkansM.)

SUte of ) ^

County of J

On this day of , 19. ., before me, a notary public in and

for said county, duly authorized by the laws of Arkansas, personally
appeared G. D., to me personally known (or proved by the subscribing
witnesses) to be the person whose name appears as grantor to the
foregoing instrument, and stated that he executed the same for the
consideration and purposes therein set forth.

In testimony whereof, I have hereunto set my hand and official seal,
as such notary public in and for said county, on this day of

, 1»..

Note: Conveyance by husband and wife must state that husband
acknowledges that he executed the deed for the ''consideration and
purposes therein mentioned and set forth" and that the wife acknowl-
edges that she has executed it for the ''purposes therein contained and
set forth." The certificate of acknowledgment of the wife must show
that she executed the deed "without compulsion of undue influence of
her husband." — Ed.

No. 8. ACKNOWLEDGMENT BY. COBPORATION.

State of Arkansas, )
County of J

On this day of ,19. ., before me , a Notary Public,

(or before any officer within this State or without the State, now
qualified under existing law to take acknowledgments) duly commis-
sioned, qualified and acting, within and for said County and State,

appeared in person, the within named and (being the

person or persons authorized by said corporation to execute such instru-
ment, stating their respective capacities in that behalf to me personally

well known, who stated that they were the and of the

, a corporation, and were duly authorized in their respective

capacities to execute the foregoing instrument, for and in the name
and behalf of said corporation, and further stated and acknowledged
that they had so signed, executed and delivered said foregoing instru-
ment for the consideration, uses and purposes therein mentioned and set
forth.

IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this day of , 19..



No. 9. (California.)



State of. .
County of



On this day of , in the year , before me (officer's

name and quality of officer), personally appeared , known to me

(or proved to me on the oath of )* to be the person whose name



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350 NOTARIES PUBLIC. [§ 5(h)

is BubMribed to th« within instmment, and acknowledged to me that
he (the or they) exeeuted the same.

No. 10. COBPOBATION.

The name of the president or secretary mnst be inserted, togethw
with the name of the company, vis., same as above to then follow: (*) to
be the president (or secretary) of -the corporation who executed the
within instrument, on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same.

No. 11. ATTORNEY IN FACT.

Begin (*) to be the person whose name is subscribed to the within

instrument as the attorney in fact of , and acknowledged to me

that he subscribed the name of thereto as principal, and his own

name as attorney in fact.



No. 18. (Colorado.)



State of Colorado, )



County of .

appeared before me this day of , 10. ., in person

and acknowledged the foregoing instrument to be his act and deed
for the uses specified therein.

Witness my hand and official seaL ••• ,



(Title of Officer.)
The acknowledgment to the statutory form of deeds or mortgages is
as follows, —
State of Colorado, )

County of )

I, y in and for said County, in, the State aforesaid, do

hereby certify that who personidly known to me to be

the persons whose name subscribed to the foregoing deed, ap-
peared before me this day in person and acknowledged that

signed, sealed and delivered the said instrument of writing as

free and voluntary act and deed, for the uses and purposes therein
set forth.

Given under my hand and seal, this day of ,

A.D



My commission expires A. D.,

No. IS. (Connecticut) BY HUSBAND AND WIFE.



State of )



County of

, A. D. 19.., then and there before me, , within and for

the county and State aforesaid, duly commissioned and acting as such



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§ 560] fOBHB. 351

personally appeared and , his wife, signers and sealers of

the foregoing instrument, and severally acknowledged the same to be
their free act and deed, before me.

Witness my hand and seal of office, on this day of ,

A. D. 19..

No. 14. (Delaware.)

SUte of )

County. J

Be it remembered, that on this day of , A. D. 19..,

personally came before me, , a notary public for the State of

Delaware, and , his wife, parties to this indenture, known

to me personally (or proved upon the oath of ) to be such, and

severally acknowledged this indenture to be their deed; and the said

being at the same time privately examined by me, apart from

her husband, acknowledged that she executed the said indenture will-
ingly, without compulsion, or threat, or fear of her husband's dis-
pleasure.

Given under my hand and seal of office the day and year aforesaid.

No. 15. (District of Columbia.)

County (or city, etc.) to wit:

I, , a (official title) in and for the District of Columbia do

hereby certify that , a party to a certain deed, bearing date on

the day of , and hereunto annexed, appeared before me

in said District, the said being personally well known to me,

as (or proved by the oaths of credible witnesses before me to be) the
persons. . who executed the said deed and acknowledged the same to be
his (her or their) act and deed.

GKven under my hand and seal this day of

(Seal.)

No. 10. (District of Columbia.) WIFE.

County (or city) to wit:

I, (officer's title), in the county aforesaid, in the State of

, do hereby certify that , the wife of , party to a

certain deed bearing date on the day of and hereunto an-
nexed, personally appeared before me in the county (or city) aforesaid,
the said ...... being well known to me. (or proved on the oaths of

credible witnesses before me to be) the person who executed the said
deed, and being by me examined privily and apart from her husband,
and having the deed aforesaid fully explained to her, she, the said

, acknowledged the same to be her act and deed, and declared

that she had willingly signed, sealed, and delivered the same, and that
she wished not to retract it.

GKven under my hand and seal this day of



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361 K0TABIS8 PUBLIO. [{ 560

No. 17. (Florida.)

State of ) ^

County of J

Beforo me penonallj came 0. F., to me well known as the penoh
who executed the foregoing deed, and acknowledged that he exeeuted
the same for the purposes therein expressed, and {Hrays that it maj
be admitted to record.

In witness whereof I have hereunto set my hand and seal, thia ••••..
day of , A. D. 19..

No. 18. (Georgia.) MABBIED WOHAK.

I, A. B., the wife of 0. D., do declare that I have freely and without
any compulsion signed, sealed and delivered the above instrument
of writing, passed between D. E. and 0. D., and I do hereby renounce
all title or claim to dower that I might claim or be entitled to, after
the death of 0. D., my said husband, to or out of the lands or tene-
ments therein conveyed. In witness whereof, I have hereunto set my
hand and seal.

Before me, John Smith, a notary public, personally came A. B., the
wife of 0. D., to me known to be the person whose signature is at-
tached to the foregoing deed, and did declare that she did freely and
voluntarily and without compulsion from her husband sign, seal and
deliver the said deed for the purposes therein mentioned.

Sworn to and subscribed before me this day of , 19. .

No. 19. (Hawaiian Islands.)

Territory of Hawaii |
Island of J "*

On this day of A. D., personally appeared before me

A B, (*) known to me to be the person described in and who executed
the foregoing instrument, who acknowledged to me that he executed the
same freely and voluntarily and for the uses and purposes therein set
forth.

When the party is unknown to the officer but identified by a wit^
ness, insert (•) satisfactorily proved to me to be the person described in
and who executed the written instrument, by the oath of C D, a cred-
ible witness for that purpose, to me known and by me duly sworn, and
he the said A B acknowledged that he executed the same freely aad
voluntarily for the uses and purposes therein set forth.



No. 20. (Idaho.)



State of Idaho,



County of J

On this day of , in the year of , before me

(officer's name and office) personally appeared , known to me

(or proved to me on the oath of ) to be the person whose name



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§ S60] VOBliB. 353

is inbscribed to the within instrument,* and acknowledged to me that
he (or they) executed the same.

No. 21. CERTIFICATE OF ACKNOWliEDGMENT OF MAEBIED

WOMAN.

Same as above, to * adding described as a married woman and
upon an examination without the hearing of her husband I made her
acquainted with the contents of the instrument and thereupon she
acknowledged to me that she executed the same and that she does not
wish to retract such execution.



No. 22. (Illinois.)



State of )



County of

I, , hereby certify that , , who are each per-
sonally known to me to be the same persons whose names are sub-
scribed to the foregoing instrument, appeared before me this day in
person and acknowledged that they signed, sealed and delivered said
instrument as their free and voluntary act for the uses and purposes
therein set forth.

Given under my hand seal, this day of , A.

D

No. 23. (Illinois.) PABTT PEBSONALLT KNOWN TO THE

OFFICER.

State of Illinois, 1
County of Cook, f

I, John Doe, a notary public in and for said county and State, do
hereby certify that Richard Smith (and if acknowledged by wife, her
name, and add "his wife"), personally known to me to be the same
person. . whose name is (or are) subscribed to the foregoing instru-
ment, appeared before me this day in person and acknowledged that
he (she or they) signed, sealed and delivered the said instrument as his
(her or their) free and voluntary act, for the uses and purposes therein
set forth.

Given under my hand and official seal, this sixteenth day of January,
A.D. 19.. JOHN DOE,

Notary Public

No. 24. (Hlinois.) PARTY NOT KNOWN.



State of Illinois,
County of Cook.



I, John Doe, a notary public in and for said county and State, do
hereby certify that Richard Smith (proved by James Jackson, the sub-
scribing witness), who is personally known to me to be the same person



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354 NOTARIES PUBUO. [§ 560

whose nmme is Bnbficribed to the foregoing instrument, appeared before
me this day in person and acknowledged that he signed, sealed and
delivered the said instniment as his free and voluntary aet for the uses
and purposes therein set forth.

Given under my hand and official seal, this sixteenth day of January,
A. D. 19.. JOHN DOE,

JAMES JACKSON (Seal), Notary PubUe.

Subscribing Witness.

No. 25. (Illinois.) WITH HOMESTEAD WAIVEE.



Stote of )

i



County of

I, , a notary public in and for the said , in the State

aforesaid, do hereby certify that , personally known to me to

be the same person., whose name subscribed to the foregoing

instrument, appeared before me this day in person, and acknowledged

that ..he., signed, sealed and delivered the said instrument as

free and voluntary act, for the uses and purposes therein set forth,
including the release and waiver of the right of homestead.

Given under my hand and notarial seal, the day of ,

A. D. 19... ,

Notary Publie.

No. 26, (Illinois.) FOB CORPORATION.

State of Dlinois, ^
County of J

I, , a notary public in and for the county and State aforesaid,

do hereby certify that , president, and , secretary of the

, who are personally known to me to be the same persons whose

names are subscribed to the foregoing as such president

and secretary, appeared before me this day in person and acknowledged
that they signed, sealed and delivered the said instrument of writing
as their free and voluntary act, and as the free and voluntary act of the

said for the uses and purposes therein set forth, and caused the

corporate seal of said company to be thereto attached.

Given under my hand and notarial seal, this day of ,

19.. ,

Notary Public

No. 27. (Dlinois.) ACKNOWLEDGMENT TO CHATTEL MORT-
GAGE BY A NONRESIDENT.

This chattel mortgage was acknowledged before ms by Bichard
Sbiith, this 15th day of July,.19..
Witness my hand and seal. JOHN DOB.



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§ MO] FORMS. 855

Ko. 18. (ladiana.)

Before Bi«| S. F. (a judge or jnitiee as the ease may be), thii

day of , A. D , A. B. acknowledged the ezecation of the

annexed deed (or mortgage).

(Signature and title.)

Ko. t». IOWA.

State of )

Goonty of j

On this day of , A. D , before me personally

appeared A B (or A B and D), to me known to be the person.,
named in and who executed the foregoing instrument, and acknowl-
edged that . .he. . executed the same as (his or their) voluntary act and

deed.

Notary Public in and for said county.

No. 80. (Iowa.) COBPOBATION.

Same as above and follow with:

On this day of , A. D , before me appeared

A B, to me personally known, who, being by me duly sworn (or affirmed)
did say that he is the president (or other officer) of (describe the
corporation) and that the seal affixed (if they have one) to said in-
strument is the corporate seal of said corporation and that said instru-
ment was signed and sealed in behalf of said corporation by authority
of its board of directors and said A B acknowledged said instrument to
be the voluntary act and deed of said corporation.
Kansas, same as Iowa.

No. 81. (Kentucky.) MABBIED WOMAN OUT OP THE STATE.

Commonwealth (or ), | 3^,^^^^

County (or) of , C

I, (title of officer), do certify that this instrument of writ-
ing from and wife, , was this day produced to me by the

parties, and the contents and effect of the instrument being explained

to the said 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 act and deed and consented that the same
might be recorded.

(Seal.) Given under my hand and seal of office.

If the husband join in the deed and acknowledge before the officer,
his acknowledgment may be certified with that of the wife, following
the word '^ parties," thus "which was acknowledged by the said C. I),
to be his act and deed."



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356 NOTARIKS PUBLIC. [§ 560

No. 32. (Kentucky.) MABRIED WOMAN IN THE STATE.

Officer to timply certify that it was acknowledged before him and
where.

No. 33. (Louisiana.)

SUte of )

County of J

Be it remembered, that on this day of , 19. ., before me,

a notary public in and for said county duly authorized, personally ap-
peared A. B., to me known to be the party who executed the within in-
strument, and acknowledged to me that he did sign, seal and deliver
the same, as his free act and deed for the uses and purposes therein
stated.

In witness whereof, I have hereunto set my hand, and affixed my
official seal and signature this day of , 19..

No. 34. (Maine.)

SUte of



i ss.



County of

day of , 19.., personally appeared 0. P. and acknowl-
edged the foregoing instrument to be his free aet and deed.



No. 35. (Maryland.) ACKNOWLEDGMENT.

State of Md., County, to wit:

I hereby certify, that on this day of , in the year

, before the subscriber (name of official) personally appeared

and (name of married woman) his wife and did each acknowl-
edge the foregoing deed to be their respective act.



No. 36. (Massachusetts.) ACKNOWLEDGMENT.

State of Mass., 1 ^^

County of j

, on this day of , 19. ., before me personally ap-
peared A. B., to me known to be the person . . described in and who
executed the foregoing instrument, and acknowledged that ..he., exe-
cuted the same as free act and deed.

No. 37. BY ATTOBNET.

On this day of , 19 . . , before me personally appeared

A. B., to me known to be the person who executed the foregoing instru-
ment in behalf of 0. D., and acknowledged that he executed the same
as the free act and deed of said C. D.



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§ 560] FOBics. 857

No. 88. COBPOBATIONS.

On this day of , 19.., before me appeared A. B., to me

personally known, who being by me duly sworn (or affirmed) did say
that he is the president (or what offieer) of (name of corporation) and
that the seal affixed to said instrument is the corporate seal of said cor-
poration, and that said instrument was signed and sealed in behalf
of said corporation by authority of its board of directors, and said
A. B. acknowledged said instrument to be the free act and deed of
said corporation.

If the corporation has no seal omit the words ''the seal affixed to
said instrument is the corporate seal of said corporation and that,'' and
add, at the end of the affidavit clause, the words "and that said cor-
poration has no corporate seal." In all cases add signature and title
of the officer taking the acknowledgment.

' No. 89. (Michigan.) 8AME FOBMS AS MASSAOHUSETTa

No. 40. (Minnesota.) SAME AS MASSAOHUSETTa
No. 41. (Mississippi)

Oaption.

Personally appeared before me, (officer's name and office),

the within named A. B., who acknowledged that he signed and delivered
the foregoing instrument on the day and year therein mentioned.

Given under my hand, this the day of ,, A. D

No. 42. A WITNESS.

\
Oaption.

Personally appeared before me, , 0. D., one of the subscribing

witnesses to the foregoing instrument, who being duly sworn, deposeth
and saith that he saw the within named A. B., whose name is sub-
scribed thereto, sign and deliver the same to the said E. F. (or that he
heard the said A. B. acknowledge that he signed and delivered the same
to the said E. F.); that he, this affiant, subscribed his name as a wit-
ness thereto in the presence of the said A. B.

In all cases add signature and title of the officer taking, and attach
his official seal if he have one.

No. 48. (Mississippi, See No. 140.)

No. 44. (Missouri.) SEE MASSAOHUSETTa

No. 45. (Montana.) SEE MASSAOHUSETTS.

No. 46. (Nebraska.) SEE IOWA. (Add one witness.)



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358 NOTARIES PUBLIC. [§ 560

No. 47. (Nevftda.) ACKNOWLEDailBNT.

Stote of Nevada, ) ^
County of J "**

On this day of , A. D. , personally appeared

before me (name of oiBeer) in and for said eonnty, A. B., known to me
to be the person described in and who ezeonted the foregoing instru-
ment, who acknowledged to me that he executed the same freely and
voluntarily and for the uses and purposes therein mentioned.

(The exact form is not required, the substance is.)

No. 48. (New Hampshire.) SEE MASSAGHUBETTGL

No. 49. (New Jersey.)

State of )

> ss.
County of j

Be it remembered that on this day of , 19. ., before me,

a notary public in and for said county, being duly authorized, person-
ally came C. F. and M. F., his wife, who I am satisfied are the grantors
in the foregoing deed, and I having made known to them the contents



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