APPENDIX ACKNOWLEDGMENTS Within the State. - Usually the officer authorized to take acknowledgments of deeds and other instruments may do so only within the county or district over which his official duties extend. Generally, the acknowledgment must be under the hand of the official, and the seal of his office, or the seal of the court in case of the judge or the clerk of a court. Without the State, But Within the United States. Generally, the officer taking the acknowledgment must attach his official seal, or the seal of the court of which he is an official. In the case of notaries, justices of the peace, and other minor officers, there must be attached a certificate of authentication from the clerk of the court, or the county clerk, of the proper county, stating that the officer taking the acknowledgment was at the time duly authorized to take proofs and acknowledgments of deeds of lands in said state, territory, or district, that the clerk is well acquainted with the handwriting of such officer, and that he verily believes that the signature affixed to such certificate of proof or acknowledgment is genuine. Without the United States. - Acknowledgments before officers in foreign countries must be under their official seal, or the seal of the court in case of the judge or the clerk of a court. When the acknowledgment is taken by a notary, mayor, or other minor official, there is frequently required a certificate of authentication from some consular or other official of the United States. Separate Examination of Wife. - In case of joint conveyances by husband and wife, it is usually no longer necessary that the wife be examined separately and apart from her husband; but she acknowledges the same as any other person, except that she be styled wife. Where the separate examination of the wife is still required in the acknowledgment of deeds, it will be noted. For notice of copyright, see page immediately following the title page Alabama. -Acknowledgments of deeds and other instruments may be taken within the state, by a judge of the supreme court, circuit courts, and any clerk thereof; chancellor and a register in chancery; judge of the courts of probate; notary public; justice of the peace. Out of the state and within the United States, by a judge or clerk of any federal court; judge of any court of record of any state; notary public; commissioner for Alabama appointed by the governor of Alabama. Out of the United States, by a judge of any court of record; mayor or chief magistrate of any city, town, borough, or county; notary public; any diplomatic, consular, or commercial, agent of the United States. The separate acknowledgment of the wife is required to convey the homestead. Arizona. - Acknowledgments of deeds and other instruments may be taken within the territory, by a clerk of any court having a seal; county recorder; notary public; justice of the peace. Out of the territory and within the United States, by a clerk of any court of record having a seal; notary public; commissioner for Arizona appointed by the governor of Arizona. Out of the United States, by any officer authorized to execute a commission to take depositions. A notary public must give the date of the expiration of his commission. Arkansas. -Acknowledgments of deeds and other instruments may be taken within the state, by a judge of the supreme or circuit courts or clerk thereof; clerk of any court of record; notary public; justice of the peace. Out of the state and within the United States, by any court of the United States, state, or territory, having a seal, or the clerk thereof; the mayor or chief officer of any city or town having a seal; notary public; commissioner for Arkansas appointed by the governor of Arkansas. Out of the United States, by any court of any state, kingdom, or empire, having a seal; the mayor or chief officer of any city or town having an official seal; any officer of any foreign country, who, by its laws, is authorized to take probate of the conveyance of real estate of his own country, if he have an official seal; consuls of the United States. In joint deeds of husband and wife, the wife's acknowledgment must be separate and apart. California. - Acknowledgments of deeds and other instruments may be taken within the state, by a justice of the supreme court; judge of the superior court; judge of a police or inferior court; recorder of a city; court commissioner; county recorder; notary public; justice of the peace. If the acknowledgment be made before a justice of the peace, to be used in any other county than the one in which the justice resides, it must be accompanied by a certificate of authentication from the clerk of the county. Out of the state and within the United States, by a justice, judge, or clerk, of any court of record of the United States, or of any state; commissioner for California appointed by the governor of California; notary public; any other officer of the state where the acknowledgment is made authorized by its laws to take such proof or acknowledgment. Out of the United States, by a minister, commissioner, or charge d'affaires, of the United States in the country where the acknowledgment is made; consul, vice-consul, or consular agent, of the United States, resident in the country where the acknowledgment is made; judge of a court of record in the country where the acknowledgment is made; commissioner of deeds for California; a notary public. Colorado. - Acknowledgments of deeds and other instruments may be taken within the state, by a judge, clerk, or deputy clerk of any court of record, such judge, clerk, or deputy clerk severally certifying such acknowledgment under the seal of such court respectively; clerk and recorder of any county or his deputy, certifying the same under the seal of such county; notary public; justice of the peace within the county in which the property is situated. Out of the state and within the United States, by a secretary of any state or territory, under the seal of such state or territory; clerk of any court of record having a seal, under the seal of such court; notary public of any state or territory, under his notarial seal; commissioner of deeds for Colorado; any other officer authorized by the laws of any such state or territory to take and certify such acknowledgment, provided there shall be affixed to the certificate of such officer, other than those above enumerated, a certificate by the clerk of some court of record of the county, city, or district wherein such officer resides, under the seal of such court, that the person certifying such acknowledgment is the officer he assumes to be, that he has authority by the law of such state or territory to take and certify such acknowledgment, and that the signature of such officer to the certificate of acknowledgment is the true signature of such officer. Out of the United States, by any court of record of any foreign republic, kingdom, empire, state, principality, or province having a seal, the acknowledgment being certified by the judge or justice of such court to have been made before such court, and such certificate being attested by the seal of such court; mayor or some other chief officer of any city or town having a seal, such mayor or other officer certifying the same under such seal; consul of the United States within such foreign country, certifying the same under the consular seal. The wife's acknowledgment must be separate and apart in a conveyance of the homestead. Connecticut. -Acknowledgments of deeds and other instruments may be taken within the state, by a judge of a court of record of the state or of the United States; commissioner of the school fund; judge of probate; clerk of the superior, common pleas, or district, court; town clerk or assistant town clerk; commissioner of the superior court; notary public; justice of the peace. Out of the state and within the United States, by a commissioner for Connecticut appointed by the governor of Connecticut; any officer authorized to take acknowledgments of deeds in the state where the acknowledgment is taken. Out of the United States, by a United States consul; notary public; justice of the peace. When taken by a notary public or a justice of the peace the certificate of the county clerk should be annexed. Delaware. -Acknowledgments of deeds and other instruments may be taken within the state, by a judge of a court of record; chancellor; notary public; or two justices of the peace. Out of the state and within the United States, by a judge of a district or circuit court of the United States; chancellor or any judge of a court of record; mayor or chief officer of any city or borough, certified under the hand of such chancellor, judge, mayor, or officer, and the seal of his office, court, city, or borough; in open court, certified under the hand of the clerk and seal of the court; notary public, in which case a certificate of the clerk of the court of the county where the notary resides should be attached, certifying that he was duly commissioned; commissioner of deeds for Delaware appointed by the governor of Delaware. Out of the United States, by a consul-general, consul, or commercial agent, of the United States. In joint deeds of husband and wife, the wife must be examined separately and apart. District of Columbia. -Acknowledgments of deeds and other instruments may be taken within the district, by a justice of the peace; notary public. Out of the district and within the United States, by a judge of a court of record and of law; chancellor of state; any judge of supreme, circuit, district, or territorial, courts of the United States; justice of the peace; notary public; commissioner of the circuit court of the district appointed for that purpose; commissioner of deeds for the District of Columbia appointed by the President of the United States. If the acknowledgment be taken by any officer other than a commissioner of deeds for the District of Columbia, the same shall have attached a certificate of the register, clerk, or other public officer having cognizance of the fact under his official seal, that at the date of the acknowledgment the officer taking the same was in fact the officer he purported to be. Out of the United States, by a judge or chancellor of any court; notary public; consular officer of the United States; master or master extraordinary in chancery; secretary of legation. When acknowledgments are taken before an officer other than a secretary of legation or a consular officer of the United States, the official character of the person taking the acknowledgment shall be certified to by an official of the United States. In joint deeds of husband and wife, the wife must be examined separately and apart. |