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...... 78

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Page Deed note to deed of assignment,.. 41 Mortgage certificate of entry by by guardian of minors,......

44
mortgagee,....

62 by an administrator,

45

certificate of witnesses of of assignment for benefit of

entry,

62 a creditor,..........

43

release of, or, discharge of pew,..

45

of, to be entered, 62 of real estate to a married Nomination of guardian,...

63 woman, to her sole and

note to nomination of separate use,.............

47

guardian,...... 63

47 note to the above,... of personal estate from a fath Notes, due bills, receipts, bills of er to a married daughter to

exchange, drafts and orders, 73 ber sole and separate use,

48
promissory on demand,.... 73

73

note to do...... Easements, note,.......

71

Patents, laws of, and forms for Equation payments,..............

79
taking out,

88 Exemption, articles of, from execu Personal estate, deed of, from & tion in New York, 75

father to married in Massachusetts,..... 76

daughter..............

48 in Connecticut,.. 76

Petition of administrator to sell in New Hampshire,... 76

real estate,..

63 Insolvent law of Massachusetts,.. 75

of guardian to sell ward's of New York,..... 75

estate,..

63 Interest Tables,.......

for change of highway,.. 64 Inventory, (appraisement of goods

for laying out a road,... 64 and chattels)........ 49 Powers of attorney,..

65 Lease of house, ....

50
note to powers of attorney,

65 note to lease............... 50

of attorney relative to inspecial covenants to lease,.. 51

surance..

66 short lease of a room,........

52

to sell part of real

estate,.. Landlord's notice to tenant to quit 52 Proxy to vote for directors, &C.,... 68

67 notice to quit, from ten

ant to landlord,...... 52 Railroads, constructions of,.... 92 Lien of mechanics, form of petition, 53 Real estate, deed of to a married abstract of lien law of Massa

woman for her sole use,... 47 chusetts, note,....

53 abstract of lien law of Maine, 53 Receipts of interest due on bond,.. 73

of money due on bond..... 74 abstract of lien law of New

general,.....

73 York, abstract of lien law of PennReferees, award of,..

23 sylvania,

53 Release of a legacy,.............. 68 of a mortgage,...;

62 Liabilities of common carriers,.... 77 of minors,..... 77

69 of a warranty deed,..

of dower, by a widow,... 69 Marriage form,........

54
Ķent, security for,..

70 certificate of marriage,.. 55

Sale of goods, bill of .............. 25 Mortgage of personal property,. :: 56

69 abstract of law of, in

Security for renty.................. Massachusetts,.... 56 Treasurer, bond of,.............. 32 abstract of law of, in Table of interest,..

78 Maine.......

56

custom house money table,.. 80 abstract of law of, in

of gold and silver coins,..... 81 New York,...

56
of sterling money,...

83 of personal property to

of francs,......

84 secure endorser,.. 57 of real estate,.

59 Way, grant of an alley or passage, 70 of another, of real estate 60 Will,.

71 foreclosure of mortgage, 61 note to will,....

53

WITNESSES. In witnessing any legal instrument, remember the words of scripture," that in the mouth of two or three witnesses every word may be established.”

THE

BUSINESS MAN’S ASSISTANT.

ACKNOWLEDGMENTS OF DEEDS, ETC. Deeds, especially Deeds to convey lands, must be executed, attested by the requisite number of witnesses, acknowledged, (or proved), and recorded in accordance with the laws of the several States where the property is situated. Without acknowledgment or recording, except in the States of Maryland, Virginia and North Carolina, they may avail against the grantors and their heirs, (except in the case of a married woman,) but not against attaching creditors, or subsequent purchasers.

In New Hampshire, Vermont, Ohio and Michigan, two subscribing witnesses are indispensable. In the other States it is customary for one or more persons to subscribe as witnesses, and it is indispensable if the Deed is not acknowledged.

There should be a seal of wax or wafer for each signature of a party to a Deed. In some States, as in Pennsylvania, Virginia, Alabama and Georgia, a scroll of ink with a pen will answer for a seal.

In Rhode Island and Vermont, Deeds are recorded by the town clerks of the several towns where the lands lie. In the other States they are recorded by recording officers, acting under various names, for the county where the lands lie.

In New Hampshire and Vermont a Deed may be put on record without the acknowledgment, but will be available only against the claims of creditors and subsequent purchasers for sixty days.

Form of Acknowledgment of Deeds in Maine, New Hampshire,

Massachusetts, l'ermont, Rhode Island," and Connecticut, by

Husband and Wife.t Commonwealth [or, State] of

County of 85. [town and date.]

Then personally appeared the above named A. B. [and C. B. his wife, and severally) and acknowledged the foregoing instrument to be his [their] free act and deed ; before me.

R. C., Just. of the Peace.

By a Person Conveying by a Power of Attorney. Commonwealth (or State) of

2 County of — 88. [town and date.] }

Then personally appeared the above named D. C., who signed and sealed the foregoing instrument as the attorney of the above

* In Rhode Island the wife must be examined privily and apart from her husband, and shall declare that the deed, &c., is her voluntary act; and that she does. not wish to retract the same,

# If the Grantor be unmarried, omit that part which relates to the Wife.' If the Grantor be a single woman, let it appear in the Certificate. A wife need not join in an acknowledgment unless the property be held in her right.

named G. F., and acknowledged the same to be his free act and deed; before me,

W. Z. Just. of the Peace.

day of

in the year

}

Certificate of Acknowledgment of a Deed of property in New

York, the grantor being known to the Officer.
State of New York,
St. Lawrence County, 88.-

} On this

personally appeared A. B., and acknowledged the within conveyance to be his act and deed, and I certify that I well know the said A. B., and that he is the same person who is described in the within conveyance, and who executed the same.

C. D. Commissioner of Deeds for

said County of St. Lawrence. Another, the Grantor being identified by a Witness. State, City and County of New York, 88.

I hereby certify that on this day of — in the year personally came before me, A. B. and C. D., and the said C. D. being well known to me, was duly sworn by me, and on his oath declared and said that he well knew the said A. B , and that he was the same person who was described in and who executed the within [or, foregoing) instrument, and his testimony was to me satisfactory evidence of that fact, and the said A. B. thereupon acknowl. edged the said instrument to be his act and deed.

E. F. Commissioner of Deeds for

the City and County of New York. Certificate of Acknowledgment by Husband and Wife. State of New York,

Ulster County, 88.-
On this

personally came before me A. B. and C. B., his wife and severally acknowledged the within conveyance to be their act and deed, and the said C. B., be. ing examined by me apart from her husband, acknowledged that she executed the same freely and without any fear of compulsion from her husband, [and I certify that I well know the said A, B. and the said C. B., and that they are the same persons who are described in the within conveyance and who executed the same.]

D. E. Commissioner of Deeds for Ulster County. Substitute for the part of the above in brackets, when the parties

are not known to the Officer. And at the same time came before me, G. F., of the town of R. in said County, who being duly sworn, upon his oath declared and said that he well knew the persons who made the said acknowledgment, and that they were the same individuals described in the within conveyance and who executed the same ; and his testimony was to me satisfactory evidence thereof.

day of

in the year

day of

in the year

day of

By a Person Conveying by a Power of Attorney,
State of New York,
Dutchess County, 88.-

} On this

I. S. personally came before me and acknowledged that he executed the within conveyance as the act and deed of D. So, by virtue of a power of Attorney, duly executed and acknowledged by the said D. S., recorded in the office of clerk of the county of Dutchess, aforesaid ; and I further certify that I well know the said I. s., and that he is the same individual who is described in the within conveyance and who executed the same.

D. M. Commissioner of Deeds for Dutchess County.

Acknowledgment of Deed in Pennsylvania.
State of Pennsylvania,

Union County, ss.-
The

in the year of our Lord, one thousand eight hundred and before me the subscriber, one of the Justices of the Peace, in and for the county aforesaid, [or, one of the Judges of the Court of Common Pleas, in and for the county aforesaid, as the case may be,] the above named A. B, *[and C. B. his wife,) and acknowledged the above written indenture to be (severally their] his act and deed, to the end that the same might be recorded according to law. [And she, the said Mary, being of lawful age, and being examined by me separate and apart from her husband, and the contents of said indenture being fully made known to her did declare, that she did voluntarily, and of her own free will and accord, seal, and as her act and deed] deliver the same without any coercion or compulsion of her said husband whatever.] Witness my hand and seal.

E. F. Justice of the Peace. [L. s.] Witness at signing. Certificate of Acknowledgment of a Deed of Lands in Illinois,

executed by Husband and Wife. State of Illinois,

} Fayette County, 88.

Be it remembered, That on the before me the subscriber, one of the justices of the peace in and for the said county, personally appeared A. B , personally known to me, to be one of the individuals described in, and who executed the within deed, and acknowledged that he had executed the same, also at the same time personally appeared before me, C. B., wife of said A. B., satisfactorily proved to me to be one of the individuals described in and who executed the within Deed, by the oath of E. F., a compe tent and credible witness for that purpose by me duly sworn, and after I had made her acquainted with and explained to her the contents of the said Deed, on an examination separate and apart from her said husband acknowledged the same to be her act and deed and that she executed the same voluntarily and freely, and without compulsion of her said husband, and that she does not wish to retract.

G. H.

day of

in the year

* Omit the words in brackets if the case require it.

}

Certificate of Acknowledgment of a Deed of Lands in the State

of Michigan, by Husband and Wife. State of Michigan,

Wayne County, ss. Detroit,-
Be it remembered that on this

day of

- in the year one thousand eight hundred and sm before me the subscriber, a justice of the peace in and for the county of Wayne aforesaid appeared J. S. and Mary his wife, and severally acknowledged that they had severally executed the within instrument for the uses and purposes therein mentioned, and the said Mary on a private examination apart from her husband acknowledged that she executed the within instrument freely and without fear or compulsion from any one, and I further certify, that the persons who made said acknowledgment are known to me to be the individuals described in and who executed the within instrument.

J. C. Justice of the Peace. In Ohio a Certificate of Acknowledgment may be similar to the above, but the certificate of the officer's knowledge of the parties, or proof of their identity, may be omitted.

In INDIANA the examination of a married woman must be separate and apart from, "and out of the hearing of her husband," and her acknowledgment should be “that she executed such deed or conveyance of her own free will and accord, without any coercion or compulsion of her husband.”

The form for the New England States, with the foregoing addition in case of a married woman, will answer the requisitions of the statute. One witness is sufficient. Acknowledgment may be before a judge of a supreme court, or circuit court, notary public, mayor of a city in any State, or a foreign minister, or consul of the Ú. States.

Certificate of Acknowledgment of a Deed of Land in the State of

Alabama, by Man and Wife. State of Alabama,

County of

This day, before me A. B. Esq. Judge, &c.,- personally appeared G. B, [and C. B. his wife and severally) acknowledged that he cor, they] signed, sealed and delivered the foregoing deed to E. F,, on the day and year therein mentioned, as his, (or their] voluntary act and deed, [and the said C. B.on a private examination apart from her husband, acknowledged that she signed, sealed and delivered the same as her voluntary act, freely and without any fear, threats, or compulsion of her husband.] Given under my hand and seal, this

day of eighteen hundred and

A. B. [L. s.]

- in the year

This acknowledgment may be before a judge of any supreme court in the United States; any clerk of a circuit court, or a notary public, or commissioner of deeds for the state of Alabama. The words in brackets should be omitted where a wife is not a party.

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