ing deed of conveyance as one of the parties grantor, and stated that he had executed the same for the consideration and purposes therein mentioned and set forth, and I do hereby so certify. And I further certify that on this day voluntarily appeared before me wife to the said to me well known to be the person whose name appears upon the within and foregoing deed, and, in the absence of her said husband, declared that she had of her own free will signed the relinquishment of dower therein expressed for the purposes therein contained and set forth, without compulsion or undue influence of her said husband. In testimony whereof I have hereunto set my hand as such justice of the peace, at the county of, on the of me 18-. Proof of Deed by Subscribing Witness.1 Be it remembered that on this day of day 18-, before a justice of the peace in and for the county aforesaid, personally appeared, one of the subscribing witnesses to the foregoing deed, to me personally well known, who, being by me first duly sworn, on his oath stated that he saw -, grantor in said deed, subscribe said deed on the day of its date (or that the said, grantor in said deed, acknowledged in his presence, on the day of —, 18—, that he had subscribed and executed said deed), for the uses, purposes, and consideration therein expressed; and that he and, the other subscribing witness, subscribed the same as attesting witnesses at the request of said grantor. In testimony whereof I have hereunto set my hand as such justice of the peace, at the county aforesaid, this of me, 18-. Proof of Handwriting of Grantor and Subscribing Witness. Be it remembered that on this came tures of day day of, 18-, before a justice of the peace in and for the county aforesaid, and -, and upon their oaths stated that the signathe grantor in the within and foregoing deed, and witness thereto, are genuine, and are in the handwriting of the said and respectively. In testimony whereof I have hereunto set my hand as such justice of the peace, in the county aforesaid, this day of, 18—. of — 1 Dig. of Stats. 1884, p. 1288. day of CALIFORNIA: General Form. See Appendix, p. 895. On this in the year before me personally appeared known to me (or proved to me on the oath of) to be the person who is described in and who executed the within instrument, and acknowledged to me that he (or they) executed the same.2 1 CALIFORNIA. - Acknowledgments within the state may be made before a justice or clerk of the supreme court, or judge of a superior court at any place within the state, or before a judge or clerk of a court of record, a mayor or recorder of a city, a court commissioner, county recorder, notary public, judge of a police or inferior court, or a justice of the peace, within the city, county, or district for which the officer was elected or appointed. Elsewhere in the United States, before a justice, judge, or clerk of a court of record of the United States, any justice, judge, or clerk of any court of record of any state, a notary public, or by a commissioner appointed by the governor of this state for that purpose; also before any other officer of the state or territory where the acknowledgment is made, authorized by its laws to take such proof or acknowledgment; and out of the United States, before a minister, coinmissioner, or chargé d'affaires of the United States resident and accredited in the country where the proof or acknowledgment is made, or a consul, vice-consul, or consular agent of the United States resident in the country where the proof or acknowlegment is made, or a judge of a court of record of the country where the proof or acknowledgment is made, or commissioner appointed for such purposes by the governor of this state, or a notary public. Civil Code, §§ 1181, 1182, 1183; Supplement 1880, §§ 6180, 10179. Officers taking acknowledgments should authenticate their certificates by their signatures, followed by the names of their offices; and should also use their seals of office, if required to have official seals. Proof of the execution of an instrument, when not acknowledged, may be made by either party executing it, by a subscribing witness, or in certain cases by proof of the handwriting of the party and the subscribing witnesses. Civil Code, §§ 1195–1202. A deed of a corporation must be acknowledged by its pre-ident or secretary. A married woman must join to release homestead rights, or to convey her separate estate; Civil Code, § 1242; but it is not otherwise necessary for her to join, as dower does not exist. Civil Code, § 173. No witness is necessary. Seal. All distinction between sealed and unsealed instruments is abolished. Civil Code 1872, § 1629. 2 If the deed be executed by a corporation, the acknowledgment must be by the president or secretary, and the certificate will close in this form: known to me (or proved to me on the oath of -) to be the president (or the secretary) of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. If executed by an attorney in fact, the certificate closes as follows: known to me (or proved to me on the oath of -) to be the person whose name is subscribed to the within instrument as the attorney in fact of, and acknowledged to me that he sub By Married Woman. See Appendix, p. 895. day of in the year On this before me (here insert the name and quality of the officer) personally appeared known to me (or proved to me on the oath of) to be the person whose name is subscribed to the within instrument, 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.1 COLORADO : 2 General Form. appeared before me this day of, 18, in per son, and acknowledged the foregoing instrument to be his act scribed the name of thereto as principal, and his own name as attorney in fact. Civil Code, §§ 1190, 1192, 1193. 1 Civil Code, §§ 1093, 1094, 1186-1191. 2 COLORADO. —Acknowledgments. When executed within this state, before any judge of any court of record, the clerk of any such court, or the deputy of any such clerk, such judge, clerk, or deputy clerk certifying such acknowledgment under the seal of such court; before the clerk and recorder of any county, or his deputy, such clerk or deputy clerk certifying the same under the seal of such county; before any notary public, he certifying the same under his notarial seal; or before any justice of the peace within his county. If the lands be situate beyond the county of such justice of the peace, there shall be affixed to his certificate a certificate of the county clerk and recorder of the proper county, under his hand and the seal of such county, to the official capacity of such justice of the peace, and that the signature to such certificate is the true signature of such justice. When executed out of this state and within the United States, before the secretary of any such state or territory, he certifying such acknowledgment under the seal of such state or territory; before the clerk of any court of record of such state or territory, or of the United States within such state or territory, having a seal, such clerk certify. ing the acknowledgment under the seal of such court; before any notary public of such state or territory, he certifying the same under his notarial seal; before any commissioner of deeds for any such foreign state or territory appointed under the laws of this state, he certifying such acknowledgment under his hand and official seal; before any other officer authorized by the laws of any such state or territory to take and certify such acknowledgment, provided, there shall be affixed 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 the authority, by the laws 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. When executed out of the United States, before any court of record of any foreign republic, kingdom, empire, state, principality, or province having a seal, the acknow and deed for the uses specified therein. Witness my hand and official seal. (Title of officer.)1 Acknowledgment by a Corporation. Be it remembered that on this day of A. D. 18-, before me (title of officer), residing in the city of -, county of ——, and state of, duly commissioned to take acknowledg ments and proofs of deeds and other instruments in writing under seal, personally came, president of the Railroad Company, who is known to me to be the person whose name is signed to the foregoing deed of conveyance, who, being by me duly sworn, deposes and says that he resides in , in the county of and state of —; that he is president of the Railroad Company; that the seal affixed to the foregoing conveyance is the corporate seal of said company; that it was affixed by order of said company; and that he signed the corporate name of said company to said conveyance by like order, as president of said company; and acknowledged that he executed and delivered the said deed on behalf of said company as his free and voluntary act, and that the said company also executed said conveyance as its free and voluntary act, for the uses and purposes therein set forth. ledgment being certified by the judge or justice of such court to have been made before such court, and such certificate to be attested by the seal of such court; before the mayor, or other chief officer, of any city or town having a seal, such mayor or other chief officer certifying such acknowledgment under such seal; before any consul of the United States within such foreign country, he certifying the same under the seal of his consulate. Session Laws 1889, p. 86. A deed not acknowledged at the time of its execution may be proved before an officer authorized to take acknowledgments upon the testimony of at least one credible witness that the person offering to prove the execution of such deed or writing is a subscribing witness thereto. G. S. 1883, § 213. Dower and tenancy by the curtesy abolished. Wife need not join in husband's deed, or husband in wife's. G. S. 1883, § 1039. No mortgage of a homestead is binding against the wife unless she freely and voluntarily, separate and apart from her husband, signs and acknowledges the same. Ibid. § 1636. No witness required. No seal nor scroll is necessary. Laws 1887, p. 228. 1 Laws 1887, p. 228. No officer shall certify an acknowledgment unless the person making the same shall be personally known to such officer to be the identical person he represents himself to be, or shall be proved to be such by at least one credible person known to such officer; but it shall not be necessary to state such fact in his certificate of acknowledgment attached to any instrument affecting the title to real property, except when it is intended to convey or mortgage a homestead, and in such case the acknowledgment shall contain the additional words. In witness whereof I have hereunto set my hand and official seal this day of A. D. 18—. CONNECTICUT:1 General Form. State of, county of, A. D. 18-. Personally appeared signer and sealer of the foregoing instrument, and acknowledged the same to be his free act and deed, before me, sealers of the foregoing instrument, and severally acknowledged the same to be their free act and deed before me. Witness my day of 18-. DELAWARE.2 By Husband and Wife. Be it remembered that on this day of, A. D. 18—, personally came before the subscriber (name and title) and 1 CONNECTICUT. — Acknowledgments. If in this state, before a judge of a court of record of this state or of the United States; a clerk of the superior court, court of common pleas, or district court; justice of the peace; commissioner of the school fund; commissioner of the superior court; notary public, either with or without his official seal; town clerk, or assistant town clerk; and if in any other state or territory of the United States, before a commissioner appointed by the governor of this state and residing therein, or any officer authorized to take the acknowledgment of deeds in such state or territory: and if in a foreign country, before any consul of the United States, or notary public, or justice of the peace, in such foreign country; but no officer shall have power to take such acknowledgment except within the territorial limits in which he may perform the proper duties of his office. Conveyances of real estate situated in this state, executed and acknowledged in any other state or territory in conformity with its laws, are valid. G. S. 1888, §§ 2954, 2956. All conveyances of the real estate of married women, executed by them jointly with their husbands, and duly acknowledged and recorded, shall be valid and effectual to transfer such estate; and all conveyances, by the husband alone, of the real estate of the wife, shall be ineffectual to convey her interest therein. Ibid. § 2960. There is no dower under marriages contracted since April 20, 1877. Ibid. § 2796. Homestead released by wife joining husband in deed. Ibid. § 2783. To be attested by two witnesses. Ibid. § 2954. A seal is necessary, but the word "seal" or the letters [L. S.] are equivalent. Ibid. §§ 1085, 2954. 2 DELAWARE.—Acknowledgments in the state may be taken in the superior court, or before the chancellor, or any judge, notary public, or before two justices of the peace for the same county. |