Acknowledgment of Deeds. California. [A scroll is a sufficient seal, if the intent to affix it is expressed in the body of the instrument. Two witnesses are usual, but a deed which is acknowledged by the grantor does not require subscribing witnesses. The certificate may be annexed or indorsed; and, if made by a judge or clerk, must be attested under his hand and the seal of the court; if by an officer who has a seal of office, under such seal. Forms 18 to 20 are prescribed by statute as sufficient ;(8) but exact conformity is not essential. The two essential facts in an acknowledgment are the officer's knowledge, or the proof of the identity of the person, and the fact of his acknowledgment of execution. (t) In the case of an acknowledgment by a married woman, the statement that she was made acquainted with the contents of the conveyance, and the separate examination, are essential.(u)] . 18. Acknowledgment by One or More Grantors Known to the Officer. STATE OF County of :} 88. day of I HEREBY CERTIFY, that on this 18 , personally appeared before me, M. N., a notary public [or, judge, or other title] in and for said county, the within-named A. B. [and C. D.] *, to me personally known to be the person [or, persons] described in, and who executed the within [or, annexed] instrument, and who [severally] acknowledged that he [or, that they severally] executed the same, freely and voluntarily, for the uses and purposes therein mentioned. (v) [Seal, if any.] [Signature and title.] 19. Acknowledgment Where a Wife Joins. (w) STATE OF :} 88. I HEREBY CERTIFY, that on this day of 18 personally appeared before me, M. N., a notary public [or, judge, or other title] in and (s) Laws of Cal., 1850-3, p. 514. (t) Henderson v. Grewell, 8 Cal., 581; and see Whitney v. Arnold, 10 Id., 581. The statement that the identity of the person was known or proved to the officer is essential, and its omission fatal to the effect of the recorded conveyance, as notice. Wolf v. Fogarty, 6 Cal., 224; Kelsey v. Dunlap, 7 Id., 160. But a certificate that the party was known to him, is sufficient, though omitting the word "personally." Hopkins v. Delaney, 8 Id., 85. The words, "described in, and who executed," are not essential; it is enough to say, "whose name is subscribed to," etc. Henderson v. Grewell, 8 Id., 58. strument was executed voluntarily, etc. The fact of acknowledging that it was so executed is a substantial requirement of the statute. Bryan v. Ramirez, 8 Id., 461. The words "freely and voluntarily" are not essential. The voluntary execution will be presumed from the fact of acknowledging the execution. Henderson v. Grewell, 8 Id., 581. But see note (a), p. 38, infra. (u) Pease v. Barbiers, 10 Id., 436. (v) If taken without the State, add, "IN TESTIMONY WHEREOF," etc., as in Form 12. (w) A deed affecting even the separate property of a married woman must be thus It is not enough to certify that the in- acknowledged. California. to me for the said county, the within-named A. B., and C. B. his wife, personally known to be the persons described in, and whose names are subscribed to, the within [or, annexed] instrument, as parties thereto, and severally acknowledged that they severally executed the same, freely and voluntarily, for the uses and purposes therein mentioned. And the said C. B., having been by me first made acquainted with the contents of such conveyance, acknowledged on an examination had by me, apart from and without the hearing of her husband, that she executed the same freely and voluntarily, without fear or compulsion, or undue influence of her husband, and that she does not wish to retract the execution of the same.(x) [Seal, if any.] Signature and title.] 20. Acknowledgment by a Grantor Not Personally Known to the Officer. [As in either preceding form, 18 or 19, substituting for the words, "to me personally known," etc., at the *, the following:] satisfactorily proved to me to be the person described in, and who executed the within [or, annexed] instrument as a party thereto, by the oath of O. P., a competent and credible witness, for that purpose by me duly sworn; and he, the said A. B., acknowledged [etc., continuing as in such preceding form.] 21. Proof by Subscribing Witness Personally Known to the Officer. STATE OF County of } 88. day of * I HEREBY CERTIFY, that on this 18 " , personally appeared before me, M. N., a notary public [or, judge, etc., or other title], in and for said county, O. P., who is a competent and credible witness, and who is personally known to me to be the person whose name is subscribed to the within [or, annexed] conveyance [or other instrument], as a witness thereto *; and said O. P., being by me duly sworn, stated on oath that he personally knew A. B., who executed the within [or, annexed] instrument, and that he knew him to be the person described in, and whose name is subscribed to the same, as a party thereto; and that on or about the 18 the said A. B., in the presence of said O. P., and in the presence of Q. R., the other subscribing witness, voluntarily executed the same [or, to them acknowledged that he had freely and voluntarily executed the same], for the uses and purposes therein mentioned; and that said O. P. thereupon subscribed his name thereto as a witness thereof, at the request of said A. B. (y), [and that such other witness subscribed his name thereto, as a witness, in his presence.](x) [Seal, if any.] day of [Signature and title.] (y) See note (t), p. 88, infra. "IN TESTIMONY WHEREOF," etc., as in (x) If taken without the State, add, form 12. Acknowledgment of Deeds. 22. Proof by Subscribing Witness Not Personally Known to the Officer. [As in preceding form, substituting for the words between the ** the following] and who is satisfactorily proved to me to be the person whose name is subscribed to the within [or, annexed] instrument, as a witness thereto, by the oath of Y. Z. subscriber, personally came A. B., to me personally known as the same person described in, and who executed the foregoing instrument of writing, and acknowledged the execution thereof to be his free act and deed, for the uses and purposes therein mentioned. * WITNESS my hand and official seal, the day and year first above written. [Signature, title, and seal.] 24. The Same, Where Wife Joins. [Insert in the preceding form at the *] and at the same time personally appeared before me the within-named C. B., wife of the said A. B., who being by me privately examined separate and apart from her husband, acknowledged that she signed, sealed, and delivered the said instrument of writing as her voluntary act and deed, freely and without any threat, compulsion, or fear of her said husband. Connecticut. A scroll, or the word "seal," is a sufficient seal for a deed. There should be two subscribing witnesses. But there is no provision of law allowing proof by witnesses. Married women need not be separately examined. Deeds executed in another State or Territory may be executed and acknowledged there, in accordance with the laws thereof; (2) but both execution and acknowledgment must be so. Execution in New York with but one witness, and acknowledgment there before a Connecticut commissioner, is insufficient.(a)] STATE OF CONNECTICUT, 25. Acknowledgment. [Date] Personally appeared A. B., signer and sealer of the foregoing instrument, and acknowledged the same to be his free act and deed, before me. [Signature and title. (z) Laws of Conn., 1862, ch. 3. (a) Farrell Foundry . Dart, 26 Conn., 876; and see 19 Ill., 395, 899. Personally appeared A. B., who being duly authorized and appointed by vote of the directors of the said [naming the corporation], the agent of said company for the purpose of executing the foregoing instrument, acknowledged that he executed the same as the free act and deed of the said corporation, and as his own free act and deed, before me. Dacotah. [Signature and title.] [Deeds executed without the State and within the United States may be executed according to the laws of the place of execution, and may be acknowledged before any officer authorized by the laws of the place to take acknowledgments. The laws do not provide for proving a deed by subscribing witnesses, except where the grantor has died, or departed from, or resides out of the Territory, in which case it may be proved by such a witness before any court of record in the Territory.] the subscriber, personally came A. B., to me personally known as the same person described in, and who executed the foregoing instrument of writing, and acknowledged the execution thereof to be his free act and deed, for the and purposes therein mentioned. IN WITNESS WHEREOF, I have this tificate and hereunto set my hand. useş day of 18 made this cer[Signature and title.] 28. Acknowledgment by Husband and Wife, where Wife Resides in the day of BE IT REMEMBERED, that on this , 18, before me, the subscriber, personally came A. B., and C. B. his wife, to me personally known as the same persons described in, and who executed the foregoing instrument of writing, and acknowledged the execution thereof to be their free act and deed, for the uses and purposes therein mentioned. And the said C. B., being at the same time examined by me, separately, apart from her said husband, did acknowledge that she executed such deed freely and without any fear or compulsion from any one. IN WITNESS WHEREOF, I have on this this certificate, and hereunto set my hand. day of 18 made [Signature and title.] (b) If she resides without the Territory, if she were sole. Laws of Dacotah, 269 the acknowledgment may be the same as (1862). Acknowledgment of Deeds. 29. Authentication of the Certificate of an Acknowledgment Taken Without STATE OF of } 88. Office of Clerk of the Court of I, O. P., clerk [or other proper certifying officer] of the court being a court of record of said county [or, district], do hereby certify that M. N., the person whose name is subscribed to the annexed certificate of acknowledgment, was at the date thereof such officer as he is therein represented to be; and that the undersigned believes the signature of such person subscribed thereto to be genuine; and that the deed is executed and acknowledged according to the laws of this State [or, Territory, or, district]. WITNESS my hand and seal of office, this 18 day of [Signature, title, and seal.] Delaware. [A scroll is a sufficient seal. It is usual to have two subscribing witnesses. Proof by witness may be made within the State only before the Superior Court.] 30. Acknowledgment.(d) 1 in the year of our personally came before the county aforesaid, Lord one thousand eight hundred and A. B., and C. B. his wife, parties to this indenture [or, if it be not an in- (c) This is to be made by the clerk or other proper certifying officer of a court of record of the county or district within which the acknowledgment was taken. It is not necessary where the acknowledgment is taken by a Dacotah commissioner. (d) This form is provided by statute. Laws of Del., 267 (1852). If acknow [Signatures and titles.](e) ledgment only, or a private examination only, is taken, the form will be varied according to the case. (e) Where an acknowledgment is taken in a court, the authentication will be under the hand and seal of the clerk or prothonotary; if before the chancellor or other officer, it will be under his hand. |