Proceedings to compel Proof of Deed. being by me duly sworn, deposed that he resided in said city; that the seal affixed to the foregoing instrument is the common seal of the corporation of the city of and was so affixed by order of the Common Council of said city, which is to me satisfactory evidence of its due execution. [Signature and title.] 133. Petition for a Subpoena to Compel a Subscribing Witness to Prove the Execution of a Conveyance. To HON. M. N., county judge of the county of The petition of Y. Z. respectfully shows, that one A. B. executed and delivered to your petitioner [or, to W. X., since deceased, and of whom your petitioner is heir, or, executor, etc.,-or, to W. X., under whom your petitioner claims title to the land hereinafter mentioned]—a conveyance of lands situate at within this State, the execution of which by A. B. has not been acknowledged or proved; and that O. P., who resides at in said county of , is a witness to the execution of said deed; that said A. B. has died since the execution and delivery of said deed [or, is absent from this State, being now at ]; that the execution of the said deed cannot be proved without the evidence of the said O. P.; that your petitioner has applied to the said O. P., and requested him to testify touching the execution of the said deed, and that the said O. P. has refused to appear and testify touching the execution thereof, notwithstanding your petitioner has called on the said O. P. in company with an officer empowered to take the proof of the execution thereof (0) WHEREFORE your petitioner prays that a subpoena be issued requiring such witness to appear and testify before you touching the execution and delivery of said conveyance. [Signature of petitioner.] COUNTY OF 88. " 134. Verification of Foregoing. A. B., being duly sworn, says that he has read [or, heard read] the foregoing petition subscribed by him, and knows the contents thereof, and that the same are true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true. [Signature and title of officer administering oath.] [Signature.] 135. Subpæna for a Subscribing Witness to Appear and Testify. In the name of the people of the State of New York, you are hereby summoned to appear before me, at my office, [or, at the courthouse, or (w) The allegations that the grantor is has called on the witness with an officer, dead or absent, and that the petitioner are usual, but not essential. Proceedings to compel Proof of Deed. other place] in the village of in said county, on the day of 18 at o'clock, in the noon, to testify touching the execution of conveyance from one A. B. to Y. Z., to which you are a subscribing witness, as appears by the application of the said Y. Z., made to me under oath. Whereof, fail not. H. K., being duly sworn, says that, on the 'day of 18 at in said county, he served the within [or, above, or, annexed] subpoena personally on O. P., therein named, by then and there showing to him the said original subpoena, and at the same time giving to, and leaving with him a copy of the same, and at the same time and place paying [or, tendering] him cents, his fees. [Signature of deponent.] Sworn before me, this day} of 18 [Signature and title of officer administering oath.] 137. Warrant to Attach Witness Not Appearing. To the Sheriff of the county of IN THE NAME of the people of the State of New York, you are hereby commanded forthwith to apprehend and take into custody A. B., of your county, and bring him before me, M. N., county judge of said county, at my office [or, at the courthouse] in the village of in the county of to testify touching the execution of a conveyance of real estate made by A. B. to Y. Z., to which deed of conveyance the said O. P. is a subscribing witness, as it has been duly made to appear to me; the said O. P. having been duly subpoenaed to be and appear before me, and to testify touching the same, and having neglected [or, refused] to attend in pursuance of said subpœna. GIVEN under my hand and seal this day of [Seal.] 18 [Signature and title.] 138. Commitment of Witness Refusing to Testify. THE PEOPLE of the State of New York, to any constable of the county of greeting: and county aforesaid, WHEREAS, O. P., who resides in the town of having been brought before me on a warrant [or, where the witness appears in pursuance of the subpœna, say: having this day appeared before me, in pursuance of a subpoena by me issued] requiring him to appear and testify touching the execution of a conveyance of real estate, from A. B. to Y. Z., to which the said O. P. is a subscribing witness, and having, although duly required, refused, without excuse, to answer upon oath, touching the matters aforesaid [or, if the commitment is made on account of the refusal of the witness to answer a particular question, deemed pertinent by the officer, state 5 Proof by Handwriting. Acknowledgment Without the State. it thus the following question, touching the execution of the said conveyance [here set it forth]. Now, THEREFORE, you are commanded forthwith to commit and deliver the said O. P. to the sheriff of the said county of who is required to receive the said O. P., and to commit and imprison him in the jail of the said courty, there to remain without bail, and without the liberties of the jail, until he shall submit to answer upon oath, as aforesaid, or be discharged according to law. GIVEN under my hand and seal, this [Seal.] 18 day of [Signature and title.] 139. Proof by Handwriting, Where the Subscribing Witnesses are Dead. (x) On this day of in the year 18 in before me personally came M. N., to me known, who being by me duly sworn, and the within [or, above, or, annexed] conveyance [or, instrument] being shown to him, did depose and say, that he resided at ; that he knew A. B., the person described therein as grantor [or, as a party thereto]; that he had frequently seen him write, and knew his handwriting; and that the name of the said grantor, subscribed to the said conveyance, was in the proper handwriting of the said A. B. And the said M. N. further on his oath said, that he was well acquainted with O. P., one of the subscribing witnesses to the said conveyance, and had frequently seen him write, and knew his handwriting; that the said O. P. at the time of the date of said deed resided in the city of New York, and has been dead about years; and that the name of the said O. P., deceased, subscribed as a witness to said conveyance, is in his proper handwriting. And the said M. N.. further on his oath said, that he was well acquainted with one Q. R., another subscribing witness, who at the date of said conveyance resided in the city of ; that the said Q. R. died at in the year 18, and since the date of said conveyance; that he, the said M. N., was not acquainted with the handwriting of the said Q. R. And I hereby certify, that the aforesaid deposition of the said M. N. is to me satisfactory evidence of the death of all the witnesses to the within conveyance, and of the handwriting of O. P., one of the said witnesses, and of the handwriting of A. B., the grantor therein named. [Signature and title.] STATE OF 140. Acknowledgment or Proof Without the State. County of BE IT REMEMBERED, that on this day of 18, at [naming the city or town, and the county where the acknowledgment or proof is taken, before me the undersigned, a commissioner resident at , appointed by the executive authority and under the laws of the (x) Commissioners of deeds and county judges not of the degree of counsel in the Supreme Court, are not authorized to take this proof. County Clerk's Certificate. Acknowledgment for North Carolina. State of New York, and duly qualified to take acknowledgment and proof of deeds in said to be used and recorded in the said State of New York, personally came [here proceed as in any of the preceding forms of acknowledgment or proof appropriate to the case, adding at the end the following attestation:] IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. [Signature and title.] [Seal.] 141. Authentication by County Clerk, to be Annexed to Certificate of Acknowledgment or Proof for Another State, Taken According to the Laws of This State. I, R. S., clerk of the said county and of the Supreme Court, being a court of record held therein, do hereby certify that M. N., whose name is subscribed to the certificate of proof or acknowledgment of the annexed instrument in writing, and indorsed thereon [or, annexed thereto], was, at the time of taking such proof or acknowledgment, a [commissioner of deeds] in and for the city aforesaid, dwelling in the said city, and duly authorized to take the same; and that I am well acquainted with the handwriting of the said [commissioner], and verily believe that the signature to the said certificate of proof or acknowledgment is genuine, and that the said instrument is [executed and] acknowledged according to the laws of the State of New York. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, as county clerk and clerk of said court, this day of [Signature and title.] 18 [Seal.] North Carolina. [A scroll is a sufficient seal for a deed. One witness is usual.] 142. Acknowledgment Within the State. STATE OF NORTH CAROLINA, to wit, [date]. Before me, one of the judges of the Supreme Court [or other judge or clerk], came A. B., * the grantor or vendor in the foregoing deed, and acknowledged the execution thereof. [Signature and title.] 143. The Same, by Husband and Wife. [As in the preceding form to the *, continuing thus:] and C. B. his wife, the bargainors in the foregoing deed, and acknowledged the execution thereof; she, the said C. B., being first privily examined by me apart from her said husband, touching the execution thereof, and acknowledging that she executed the same freely and of her own accord, without fear or compulsion of her said husband, and that she voluntarily assents thereto. Let it be recorded. [Signature and title.] Acknowledgment, etc., of Deeds for North Carolina. 144. Proof by Subscribing Witness. [As in Form 142 to the *, continuing thus:] to me personally known, who being by me duly sworn, duly proves the execution thereof, for the purposes therein expressed. [Signature and title.] 145. Acknowledgment [or Proof](y) Without the State, Before a Judge of Another State. Before me, M. N., judge of the Superior Court of law [or other court, as the case may be], for in the State aforesaid, personally came * A. B. and C. B., the bargainors in the foregoing deed [or, power of attorney], and acknowledged the execution thereof; she, the said C. B., being first examined by me, privily and apart from her husband, the said A. B., touching the execution thereof, and it appearing that she hath executed the same freely and of her own accord, without fear or compulsion of the said A. B. her husband and she doth voluntarily assent thereto. Let it be recorded. M. N., Judge, etc. 146. Authentication of the Foregoing.(2) COMMONWEALTH [or, TERRITORY] OF TO ALL to whom these presents shall come, greeting: Know you, that M. N., whose name is signed to the foregoing certificate of acknowledgment [or, proof], was at the date of said certificate, and now is, a judge of the Superior Court of law [or otherwise] in this State [or, Commonwealth, or Territory], duly commissioned and qualified, and acting, and that full faith and credit are due to his official acts as such. IN TESTIMONY WHEREOF, these presents are sealed with the seal of the State [or, Commonwealth, or, Territory]. WITNESS [State or Ter ritorial seal.] Esquire, our Governor, at this day of the year of our Lord in and of the State [or, Com [Signature and title.] 147. Acknowledgment or Proof, Without the State, Before a Commissioner. STATE OF County of On this day of in the year of our Lord 18 before me, M. N., a commissioner, appointed by the State of North Carolina, in and for the State of personally came [continuing as in Form 145, from the *]. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year above written. |