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31. Acknowledgment of a Deed of a Corporation. (f)

STATE OF DELAWARE,

Florida.

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BE IT REMEMBERED, that on the

day of

in the year

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before us [etc.] came A. B., the president of the Bank of

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sonally known, and who, being by us duly sworn, deposes and says: That he resides in the village of of the Bank of that the seal affixed to the within indenture is the corporate seal of the president, directors, and company of the said bank, and was affixed to the said indenture by order of said directors, for the uses therein expressed; and that he, by like order, did subscribe his name thereto, as president of said bank.

in said county; that he is the president

[Signatures and titles of magistrates.]

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M. N. and O. P., two justices of the peace for certain deed bearing date the day of

nexed, personally appeared [in our said county of

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], the said A. B.

being personally well known to us as the person who executed the said deed, and acknowledged the same to be his act and deed.* WITNESS Our hands, the day and year first above written.

[Signatures and titles.]

33. The Same, Where Wife Joins.

[Insert in the preceding form at the *:] And we do further certify, that C. B., wife of the said A. B., party to the aforesaid deed, hereto annexed, personally appeared before us [in our county aforesaid]; and said C. B., being well known to us as the wife of said A. B., who executed the aforesaid deed, and being by us examined privily and apart from her husband, acknowledged the same to be her free act and deed, and that she had willingly signed, sealed, and delivered the same, and that she wished not to retract it.

WITNESS, [etc., as in preceding form.]

Florida.

[A scroll is a sufficient seal. The execution and delivery should be attested by two subscribing witnesses.]

(f) It is provided by the laws of Delaware, that an acknowledgment of a deed concerning lands or tenements, executed by a corporation, may be made by the president or other presiding officer, or

legally constituted attorney, of such cor-
poration. Laws of Del., 267, § 6 (1852).
(g) This is the proper mode of acknow-
ledgment, whether taken within or with-
out the district.

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day of

18

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ON THIS before me [name and title of officer] personally appeared A. B., to me known to be the person described in, and who executed the foregoing instrument, and acknowledged * the execution thereof to be his free act and deed, for the uses and purposes therein mentioned. [Signature and title.]

35. Acknowledgment by Husband and Wife.

STATE OF FLORIDA,
County of

ON THIS

*

day of

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18, before me [name and title of officer] personally appeared A. B., and C. B. his wife, to me known to be the persons described in, and who executed the foregoing instrument, and severally acknowledged the execution thereof to be their free act and deed, for the uses and purposes therein mentioned. † And the said C. B., the wife of said A. B., on a private examination by me, separate and apart from her husband, did acknowledge that the said deed [or, mortgage, or, relinquishment and renunciation of dower, or other instrument] was made freely and voluntarily, and without any compulsion, constraint, apprehension, or fear of or from her said husband. [Signature and title.].

36. Acknowledgment Before Commissioner, of Deed Executed or Acknowledged Without the State, by Grantor Not Personally Known.(h)

STATE OF FLORIDA,

day of

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ON THIS 18, before me, I. K., a commissioner duly appointed and authorized by the executive authority, and under the laws of the State of Florida, to take, within the State of proof and acknowledgment of deeds, etc., to be used and recorded in said State of Florida, personally appeared A. B., who was proven to me satisfactorily to be the person described in, and who executed the foregoing instrument, by the oath of M. N., who, being by me duly sworn, did depose and say: That he resided in in the county of ; that he was acquainted with the said A. B., and that he knew him to be the same person described in, and who executed the within conveyance; and thereupon the said A. B. acknowledged [etc., continuing as in Form 34 or 35, from the *].

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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal of office, at the day and year first above written.

(h) In acknowledgments of deeds executed or acknowledged without the State, the grantor, if not known, must be stated

[Signature, title, and seal.]

in the certificate of acknowledgment to have been identified by proof. Thomps. Dig., 182.

Florida.

Georgia.

37. Acknowledgment Before Judge, in a City or County where there is No Florida Commissioner.

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18, before me,

M. N., the chief-justice [or, one of the judges, or, the presiding justice, or, the president] of the court of [naming any court of record having seal and clerk or prothonotary], which said court is a court of record, personally appeared at , within the jurisdiction of said court, A. B. [and C. D.], to me known(i) to be the person [or, persons] described in, and who executed the foregoing instrument, and [severally] acknowledged the execution thereof to be his [or, their] free act and deed, for the uses and purposes therein mentioned. [If a married woman joins, add private examination, as in Form 35, from the † to the end].

[Signature and title of judge.]

38. Certificate of Clerk to be Annexed to the Foregoing.

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I, O. P,, clerk [or, prothonotary] of the court of do hereby certify that M. N., the person whose name is subscribed to the annexed certificate of acknowledgment, was at the date thereof the chiefjustice [or other judge] of said court, duly appointed as such, and that I verily believe the signature of his name subscribed thereto to be genuine. WITNESS my hand and seal of office, this day of 18 9 [Signature, title, and seal.]

Georgia.

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[A conveyance of land must be sealed, (j) but an ink-scroll is sufficient as a private seal.(k) A deed of lands which is not officially witnessed within the State, must be executed in the presence of two witnesses, who must subscribe as such; and the certificate of proof by a witness must state that he saw the grantor deliver as well as sign.()]

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BE IT REMEMBERED, that on this hundred and

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day of

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one thousand eight before me, the undersigned [naming officer and title] personally came A. B., to me known to be the person described in, and who executed the foregoing [or, within] conveyance, and acknowledged the same to be his free act and deed. [Signature and title.]

(i) If not known, state proof of the identity of the grantor by witness, as in preceding form.

(j) Reinhart v. Miller, 22 Geo., 402.
(k) Williams v. Greer, 12 Id., 459.
(1) Doe v. Lewis, 29 Id., 45.

Acknowledgment of Deeds.

40. Acknowledgment by Husband and Wife.

STATE OF GEORGIA,
County of

88.

day of

18,

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me, the

BE IT REMEMBERED, that on this before undersigned [naming officer and title], personally came A. B., and C. B. his wife, to me known to be the persons described in, and who severally executed the foregoing [or, within] conveyance, and severally acknowledged the same to be their free act and deed. And the said C. B., on private examination by me, acknowledged and agreed that she did, of her own free will and accord, subscribe, seal, and deliver the said conveyance, with an intention thereby to renounce, give up, and forever quit-claim to Y. Z., her right of dower and thirds, and all her other interest of, in, and to the lands or tenements therein mentioned. [Signature and title.]

STATE OF GEORGIA,

County of

41. Proof by Subscribing Witness.(m)

88.

peace

,(n) who,

PERSONALLY CAME before the undersigned [one of the justices of the in and for said county], M. N., merchant, who resides at being duly sworn, deposeth and saith, that he saw A. B., sign, seal, and deliver the within deed, for the purposes therein mentioned; that deponent subscribed the same as a witness, and saw O. P. do so likewise.

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42. Acknowledgment or Proof Taken Without the State, by Commissioner

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THE UNDERSIGNED, commissioner of the State of Georgia, hereby certifies

that [etc., as in other preceding forms, 39, 40, or 41].

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[A scrawl is a sufficient private seal for a deed. Two witnesses are usual, but an acknowledgment supersedes the necessity of witnesses.

(m) This form is from Cobb's Stat. and F., dition and abode is requisite, where the 404. proof is taken without the State. Cobb's (n) The statement of the witness's ad- Dig., 894, 887.

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Illinois.

A certificate of acknowledgment must state either that the party was personally known to the officer, or proof of his identity by a credible witness. It is not enough for him to certify that he is "satisfied" of the identity. (0)

A deed executed without the State, and within the United States, may be executed and acknowledged in accordance with the laws of the place of execution, if certified by a clerk of a court of record to be so done. (p) But it must conform wholly to the laws of one State or to those of the other. It is not to be sustained by both laws combined.

A certificate by a notary of another State should be under his official seal. (g)]

43. Acknowledgment Within the State, by a Grantor Personally Known to the Officer.

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I., M. N., commissioner of deeds [or other authorized officer] in and for said county, in the State aforesaid, do hereby certify that A. B., personally known to me as the real person whose name is subscribed to the annexed deed, as having executed the same, appeared before me this day in person, and acknowledged that he signed, sealed, and delivered the said instrument of writing, as his free and voluntary act, for the uses and purposes therein set forth.

GIVEN under my hand [and seal of office], this

A. D. 18.

[Seal, if any.]

day of

[Signature and title.]

44. The same by Husband and Wife, where Wife Relinquishes Dower.

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I., M. N., commissioner of deeds [or other authorized officer] in and for said county,, in the State aforesaid, do hereby certify that A. B., and C. B. * his wife, personally known to me as the real persons whose names are subscribed to the annexed deed, as having executed the same, 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, for the uses and purposes therein set forth. And the said C. B., wife of the said A. B., having been by me examined, separate and apart, and out of the hearing of her husband, and the contents and meaning of the said instrument of writing having been by me fully made known and explained to her; and she also by me being fully informed of her rights under the Homestead laws of this State, acknowledged that she had freely and voluntarily executed the same, and relinquished her dower to the lands and tenements therein mentioned; and also all the rights and advantages under and by virtue of all laws of this State relating to the exemption of homesteads,

(6) Shephard v. Carriel, 19 Ill., 313. (p) It seems that the conformity may be proved by producing the laws, as well

as by supplying a certificate.
McCartney, 18 ., 129.

(2) Booth v. Cook, 20 Id., 129.

Hurt v.

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