Слике страница
PDF
ePub

a court of record of the country where the acknowledgment is made; notary public of such country. A notary public must state the date of the expiration of his commission.

Ohio.-Acknowledgments of deeds and other instruments may be taken within the state, by a judge or clerk of a court of record; county auditor; county surveyor; mayor of a city; notary public; justice of the peace. Out of the state and within the United States, by a commissioner for Ohio appointed by the governor of Ohio; any officer authorized by the laws of the state to take acknowledgments in the state where the acknowledgment is taken. Out of the United States, by a consul of the United States resident in a foreign country. No proof of the official character of the officer taking acknowledgment is required.

Oklahoma.-Acknowledgments of deeds and other instruments may be taken within the territory, by a judge or clerk of a court of record; mayor of a city; register of deeds; notary public; justice of the peace of the county where the land conveyed is situated. Out of the territory and within the United States, by a judge or clerk of a court of record; notary public; commissioner of deeds appointed by the governor of Oklahoma; any officer duly authorized by the laws of the state or territory where the acknowledgment is taken. Out of the United States, by a judge of a court of record; notary public; minister, consul, or consular agent, of the United States.

Oregon.-Acknowledgments of deeds and other instruments may be taken within the state, by a judge or clerk of the supreme court; county judge or a county clerk; notary public; justice of the peace. Out of the state and within the United States, by a judge of a court of record; justice of the peace; notary public; commissioner for Oregon appointed by the governor of Oregon; any officer authorized to take acknowledgments in the state or territory where the acknowledgment is taken. If the acknowledgment be taken by any officer other than a commissioner of deeds for the state of Oregon, or a notary public certified under his notarial seal, there must be attached a certificate of the clerk of a court of record to the effect that such officer is authorized by law to take acknowledgments, that his signature is genuine, and that the instrument is executed and acknowledged in accordance with the laws of that state. Out of the United States, by a minister plenipotentiary, minister extraordinary, minister resident, charge d'affaires, commissioner, or consul, of the United States; notary public; any officer authorized to take acknowledgments in the country where such acknowledgment is taken.

Pennsylvania.-Acknowledgments of deeds and other instruments may be taken within the state, by a justice of the supreme court; judge of a court of common pleas; recorder of deeds; notary public; justice of the peace; mayor or recorder or any alderman

or magistrate, of the cities of Philadelphia, Pittsburg, Allegheny, Scranton, Carbondale, Williamsport, and Lock Haven. A notary public may take acknowledgments anywhere within the state, but no one of the aforesaid local officers can take an acknowledgment outside of his own county.

Acknowledgments of deeds and other instruments of writing executed by corporations may be made by attorneys in fact before any person authorized to take acknowledgments. Separate acknowledgments by married women are unnecessary. Power is also given to United States commissioners to administer oaths and affirmations, take affidavits and depositions to be used in any court of this state or elsewhere, to take acknowledgments and proofs of all deeds * * and other instruments of writing touching any land * within or without the state, and to take separate acknowledgments of any feme covert relating to the same.

*

*

Out of the state and within the United States, by a judge of any court of record; mayor or chief magistrate of a city or town where the acknowledgment is taken; notary public; commissioner for Pennsylvania appointed by the governor of Pennsylvania; any officer or magistrate of the state where the instrument is executed authorized by the laws of said state to take the acknowledgment of deeds or other instruments of writing therein, the proof of such authority to be the certificate of the clerk or prothonotary of any court of record in such state that the officer or magistrate so taking such acknowledgment is duly qualified by law to take the same.

Out of the United States, by an ambassador or other public minister of the United States under his official seal; consul or vice-consul of the United States under consular seal; deputy consul, commercial agent, deputy commercial agent, or consular agent, of the United States, under the official seal of such officer; notary public; commissioner appointed by the governor of Pennsylvania. When the person making the acknowledgment is in the military service of the United States, any person in the military service of the United States holding a commission, not inferior to that of major, from the governor of Pennsylvania, may take such acknowledgment. Acknowledgments before a major or other higher officer of the United States army in Porto Rico, Cuba, Philippine Islands, or other possessions of the United States, or before any civil officer in the service of the United States, shall be valid and entitled to be recorded. The separate examination of the wife is not necessary. A notary public must state the date of the expiration of his commission.

Rhode Island.-Acknowledgments of deeds and other instruments may be taken within the state, by a justice or judge of a court of record; state senator; mayor; town clerk; recorder of deeds; notary public; justice of the peace. Out of the state and within the United

States, by a judge of a court of record; mayor; notary public; justice of the peace; commissioner for Rhode Island appointed by the governor of Rhode Island. Out of the United States, by an ambassador, minister, charge d'affaires, consul, vice-consul, or commercial agent, of the United States; commissioner appointed by the governor of Rhode Island.

South Carolina.-Acknowledgments of deeds and other instruments may be taken within the state, by a trial justice; notary public; any other officer competent to administer an oath. Out of the state and within the United States, by a notary public; clerk of a court of record; commissioner for South Carolina appointed by the governor of South Carolina; commissioner appointed by dedimus issued by the court of common pleas of the county in which the instrument is to be recorded. Where proof is taken before a notary public, he must attach his seal and also a certificate, from the clerk of the court of the county where he resides, as to his official character. Out of the United States, by a consul, vice-consul, or any consular agent, of the United States; or by dedimus as aforesaid. Married women must relinquish dower, and must acknowledge the same separately, if within the state, in open court, or before any judge of the court of common pleas, justice of the supreme court, judge of probate, clerk of the court of common pleas, or notary public; or, if without the state, before one of the officers aforesaid.

South Dakota.-Acknowledgments of deeds and other instruments may be taken within the state, by a justice, judge, or clerk of a court of record; mayor of a city; register of deeds; notary public;

justice of the peace. All officers are authorized to take acknowledg

ments within their several jurisdictions only. Out of the state and within the United States, by a justice, judge, or clerk of a court of record of the United States, or any state or territory; notary public; commissioner for South Dakota appointed by the governor of South Dakota; any officer of the state or territory where acknowledgment is made authorized by its laws to take acknowledgments. Out of the United States, by a minister, commissioner, charge d'affaires, consul, vice-consul, or consular agent of the United States resident in the country where the acknowledgment is made; judge of a court of record of the country where the acknowledgment is made; notary public of such country.

Tennessee.-Acknowledgments of deeds and other instruments may be taken within the state, by a judge or clerk of a county court, or a deputy county clerk; notary public. Where a married woman is too old or sick, or from any cause unable to appear before the clerk, a justice specially commissioned by the county court may take the acknowledgment. Out of the state and within the United States, by a

judge or clerk of a court of record; notary public; commissioner for Tennessee appointed by the governor of Tennessee. If the acknowledgment be taken before a judge, he certifies under his own name, his clerk certifying to his official character as judge under his seal of office; if before a clerk, his official character must be certified to by the judge of the court of which he is clerk. Out of the United States, by a commissioner for Tennessee; notary public; minister, ambassador, or consul, of the United States in such country, under his seal. The colonel, lieutenant-colonel, major, or commanding officer, of a regiment to which a soldier or officer belongs in the regular or volunteer corps of the United States army, when in a foreign country, is qualified to take the acknowledgment of such soldier or officer. The wives of such soldiers and officers, or any person in the service of the United States, may acknowledge in the same way.

Texas.-Acknowledgments of deeds and other instruments may be taken within the state, by a clerk of the district court; judge or clerk of the county court; notary public, only within his own county. Out of the state and within the United States, by a clerk of a court of record having a seal; notary public; commissioner of deeds for the state of Texas. Out of the United States, by a minister, commissioner, charge d'affaires, consul, or other consular officer, of the United States; notary public. The wife must be examined separately and apart.

Utah. -Acknowledgments of deeds and other instruments may be taken within the state, by a judge or clerk of a court having a seal; county recorder; county clerk; notary public. Out of the state and within the United States, by a judge or clerk of a court of the United States or a court of record of a state or territory; notary public; commissioner for the state of Utah appointed by the governor of Utah. Out of the United States, by a judge or clerk of a court having a seal; notary public; ambassador, minister, commissioner, or consul, of the United States.

Vermont.-Acknowledgments of deeds and other instruments may be taken within the state, by a justice of the peace; notary public; master in chancery; town clerk; county clerk; judge or register of probate. Out of the state and within the United States, by a justice of the peace; magistrate; notary public; commissioner for Vermont appointed by the governor of Vermont; any other officer by the laws of any other state or territory authorized to take acknowledgments of deeds in the state or territory where the acknowledgment is taken. Out of the United States, by a commissioner appointed by the governor for the purpose; minister, charge d'affaires, consul, or vice-consul, of the United States.

Virginia.-Acknowledgments of deeds and other instruments may be taken within the state, by a notary public; commissioner in

chancery; justice of the peace; the court or clerk of any county or corporation in which the real estate lies. Out of the state and within the United States, by a justice of the peace; notary public; commissioner of deeds for Virginia appointed by the governor of Virginia; commissioner in chancery; clerk of any court of record. Out of the United States, by any ambassador, minister plenipotentiary, minister resident, charge d'affaires, consul-general, consul, vice-consul, or commercial agent, of the United States; any foreign court; mayor or other chief magistrate of any city, town, or corporation in any foreign country.

Washington.—Acknowledgments of deeds and other instruments may be taken within the state, by a judge, clerk, or deputy clerk of the supreme or the superior court; county auditor; justice of the peace; notary public, who shall add his place of residence, and the words notary public, and affix his official seal. Out of the state and within the United States, by a commissioner for Washington appointed by the governor of Washington; any officer authorized by the laws of the state where the acknowledgment is taken. Unless such acknowledgment be taken before a commissioner, a clerk of a court of record, a notary public, or other officer having a seal of office, there must be attached to the instrument a certificate of a clerk of a court of record for the county or district where the acknowledgment is taken, under the seal of said court, that the officer before whom the acknowledgment is taken was, at the date thereof, such officer as he therein represents himself to be, that he is authorized to take the acknowledgment of deeds, and that the clerk verily believes the signature of the acknowledging officer to be genuine. Out of the United States, by a notary public, minister plenipotentiary, secretary of legation, charge d'affaires, consul-general, consul, vice-consul, or commercial agent, of the United States; the proper officer of any court of said country; mayor or other chief magistrate of any city, town, or other municipal corporation therein.

West Virginia.—Acknowledgments of deeds and other instruments may be taken within the state, by a clerk of any county court; notary public; justice of the peace. Out of the state and within the United States, by a notary public; justice of the peace, prothonotary; clerk of any court within the United States; commissioner for West Virginia appointed by the governor of West Virginia. Out of the United States, by a minister plenipotentiary, charge d'affaires, consulgeneral, consul, vice-consul, or commercial agent, of the United States; mayor or chief magistrate of any city, town, or corporation; the proper officer of any court of such country.

Wisconsin.-Acknowledgments of deeds and other instruments may be taken within the state, by a judge or clerk of a court of record;

« ПретходнаНастави »