put upon record. Below will be found the law of the several states relating to the officer before whom the acknowledgment must be made. Justice requires that credit should be here given for the valuable information which has been derived on this subject from Mr. Hilliard's Abridgment of the American Law of Real Property, and from Griffith's Register. Much valuable information has also been received on this subject from the correspondents of the author.

and apart from her said husband, and that on such private examination, she acknowlegded that she signed, sealed and delivered the deed as her voluntary act and deed, freely and without any threat, fear, or compulsion, of her said husband."

Arkansas. The proof or acknowledgment of every deed or instrument of writing for the conveyance of real estate, shall be taken by some one of the following courts or officers: 1. When acknowledged or proven within Alabama. Before one of the judges this state, before the supreme court, the of the superior court, or any one of circuit court, or either of the judges the justices of the county court. Act thereof, or the clerk of either of the of March 3, 1803; or before any one said courts, or before the county of the superior judges or justices of court, or the judge thereof, or before the quorum of the territory (state). any justice of the peace or notary Act of Dec. 12, 1812; or before the public.-2. When acknowledged or clerks of the circuit and county courts, proven without this state, and within within their respective counties. Act the United States or their territories, of Nov. 21, 1818; or any two jus- before any court of the United States, tices of the peace. Act of Dec. 17, or of any state or territory having a 1819; or clerks of the circuit courts, seal, or the clerk of any such court, for deeds conveying lands anywhere or before the mayor of any city or in the state. Act of January 6, 1831; town, or the chief officer of any city or before any notary public, Id. sec. or town having a seal of office.-3. 2; or before one justice of the peace. When acknowledged or proven withAct of January 5, 1836; or before out the United States, before any court the clerks of the county courts. Act of any state, kingdom or empire havof Feb. 1, 1839. See Aikin's Dig. ing a seal, or any mayor or chief officer 88, 89, 90, 91, 616; Meek's Suppl. of any city or town having an official 86. When the acknowledgment is seal, or before any officer of any out of the state, in one of the United foreign country, who, by the laws of States or territories thereof, it must such country, is authorised to take be made before the chief justice or probate of the conveyance of real any associate judge of the supreme estate of his own country, if such court of the United States, or any officer has by law an official seal.— judge or justice of the superior court The conveyance of any real estate of any state or territory in the Union. by any married woman, or the relinAikin's Dig. 89. When it is made quishment of her dower in any of her out of the United States, it may be husband's real estate, shall be aumade before and certified by any court thenticated and the title passed, by of law, mayor or other chief magis- such married woman voluntarily aptrate of any city, borough or corpora-pearing before the proper court or tion of the kingdom, state, nation, or colony, where it is made. Act of March 3, 1803. When a feme covert is a grantor, the officer must certify that she was examined "separately

officer, and, in the absence of her husband, declaring that she had of her own free will executed the deed or instruments in question, or that she had signed and sealed the relin

rican consul, a justice of the peace, or notary public. No different form is used and no different examination of a feme covert from others. See Act of 1828; Act of 1833; 1 Hill. Ab. c. 34, s. 82.

Delaware. Before the supreme court, or the court of common pleas of any county, or a judge of either court, or the chancellor, or two justices of the peace of the same county. The certificate of an acknowledgment in court must be under the seal of the court. A feme covert may also make her acknowledgment before the same officers, who are to examine her separately from her husband. An acknowledgment out of the state may be made before a judge of any court of the United States, the chancellor or judge of a court of record, or the said court itself, or the chief officer of a city or borough, the certificate to be under the official seal; if by a judge, the seal to be affixed to his

quishment of dower for the purposes | United States before a resident Ametherein contained and set forth, without any compulsion or undue influence of her husband. Act of Nov. 30, 1837, s. 13, 21, Rev. Stat. 190, 191. In cases of acknowledgment or proof of deeds or conveyances of real | estate taken within the United States or territories thereof, when taken before a court or officer having a seal of office, such deed or conveyance shall be attested under such seal of office; and if such officer have no seal of office, then under the official signature of such officer. Idem, s. 14, Rev. Stat. 190. In all cases of deeds and conveyances proven or acknowledged without the United States or their territories, such acknowledgment or proof must be attested under the official seal of the court, or officer before whom such probate is had. Idem, s. 15. Every court or officer that shall take the proof or acknowledgment of any deed or conveyance of real estate, or the relinquishment of dower of any mar-certificate, or to that of the clerk or ried woman in any conveyance of the estate of her husband, shall grant a certificate thereof, and cause such certificate to be endorsed on the said deed, instrument, conveyance, or relinquishment of dower, which certificate shall be signed by the clerk of the court where the probate is taken in court, or by the officer before whom the same is taken and sealed, if he have a seal of office. Idem, s. 16.

keeper of the seal. Commissioners appointed in other states may also take acknowledgments. 2 Hill. Ab. 441; Griff. Reg. h. t.

Georgia. Deeds of conveyance of land in the state must be executed in the presence of two witnesses, and proved before a justice of the peace, a justice of the inferior court, or one of the judges of the superior courts. If executed in the presence of one witness and a magistrate, no probate is Connecticut. In this state deeds required. Prince's Dig. 162; 1 Laws must be acknowledged before a judge of Geo. 115. When out of the state, of the supreme or district court of the in the United States, they may be United States, or the supreme or su- proved by affidavit of one or more perior court, or court of common of the witnesses thereto, before any pleas or county court of this state, or governor, chief justice, mayor, or a notary public. When the acknow- other justice, of either of the United ledgment is made in another state or States, and certified accordingly, and territory of the United States, it must transmitted under the common or be before some officer or commissioner public seal of the state, court, city or having power to take acknowledg-place, where the same is taken. The ments there. When made out of the affidavit must express the place of the

contents of the deed were made known to her; that she did then and there declare that she had, as her own voluntary act and deed, signed, sealed and executed the said deed of her own free will and accord without any fear or compulsion from her said husband.

affiant's abode. Idem. There is no state law directing how the acknowledgment shall be made when it is made out of the United States. By an act of the legislature passed in 1826, the widow is barred of her dower in all lands of her deceased husband, that he aliens or conveys away during the coverture, except Illinois. Before a judge or justice such lands as he acquired by his of the supreme or district courts of intermarriage with his wife; so that the United States, a commissioner no relinquishment of the wife is ne-authorized to take acknowledgments, cessary, unless the lands came to her a judge or justice of the supreme, husband by her. Prince's Dig. 249; 4 Laws of Geo. 217. The magistrate should certify that the wife did declare that freely, and without compulsion, she signed, sealed and delivered the instrument of writing between the parties (naming them), and that she did renounce all title or claim to dower, that she might claim or be entitled to after the death of her husband, (naming him). 1 Laws of Geo. 112; Prince's Dig. 160.

Indiana. Before the recorder of the county in which the lands may be situate, or one of the judges of the supreme court of this state, or before one of the judges of the circuit court, or some justice of the peace of the county within which the estate may be situate, before notaries public, or before probate judges. Ind. Rev. Stat. c. 44, s. 7; Id. ch. 74; Act of Feb. 24, 1840. All deeds and conveyances made and executed by any person without this state and brought hither to be recorded, the acknowledgment having been lawfully made before any judge or justice of the peace of the proper county in which such deed may have been made and executed, and certified under the seal of such county by the proper officer, shall be valid and effectual in law. Rev. Code, c. 44, s. 11; App. Jan. When acknowledged by a feme covert, it must be certified that she was examined separate and apart from her husband; that the full

superior or district court of any of the United States or territories, a justice of the peace, the clerk of a court of record, mayor of a city, or notary public; the last three shall give a certificate under their official seal. The certificate must state that the party is known to the officer, or that his identity has been proved by a credible witness, naming him. When the acknowledgment is taken by a justice of the peace of the state, residing in the county where the lands lie, no other certificate is required than his own; when he resides in another county, there shall be a certificate of the clerk of the county commissioners' court of the proper county, under seal, to his official capacity. When the justice of the peace taking the acknowledgment resides out of the state, there shall be added to the deed a certificate of the proper clerk, that the person officiating is a justice of the peace. The deed of a feme covert is acknowledged before the same officers. The certificate must state that she is known to the officer, or that her identity has been proved by a witness who must be named; that the officer informed her of the contents of the deed; that she was separately examined; that she acknowledged the execution and release to be made freely, voluntarily, and without the compulsion of her husband. When the husband and wife reside in the state, and the latter

is over eighteen years of age, she may convey her lands, with formalities substantially the same as those used in a release of dower; she acknowledges the instrument to be her act and deed, and that she does not wish to retract. When she resides out of the state, if over eighteen, she may join her husband in any writing relating to lands in the state, in which case her acknowledgment is the same as if she were a feme sole. Ill. Rev. L. 135-8; 2 Hill. Ab. 455, 6.

peace in this state, or any justice of the peace, magistrate, or notary public, within the United States, or any commissioner appointed for that purpose by the governor of this state, or before any minister or consul of the United States, or notary public in any foreign country. Rev. St. T. 7, c. 91, §7; 6 Pick. 86. No peculiar form for the certificate of acknowledgment is prescribed; it is required that the husband join in the deed. "The joint deed of husband and wife shall be effectual to convey her real estate, but not to bind her to any covenant or estoppel therein." Rev. St. T. 7, c. 91, § 5.

Kentucky. Acknowledgments taken in the state must be before the clerk of a county court, clerk of the general court, or clerk of the court of appeals. 4 Litt. L. of K. 165; or before two justices of the peace, 1 Litt. L. of K. 152; or before the mayor of the city of Louisville. Acts of 1828, p. 219, s. 12. When in another state or territory of the United States, before two justices of the peace, 1 Litt. L. of K. 152; or before any court of law, mayor, or other chief magistrate of any city, town, or corporation of the county where the grantors dwell, Id. 567; or before any justice or judge of a superior or inferior court of law. Acts of 1831, p. 128. When made out of the United States, before a mayor of a city, or consul of the U. S. residing there, or before the chief magistrate of such state or country, to be authenticated in the usual manner such officers authenticate their official acts. Acts of 1831, p. 128, s. 5. When a feme covert acknowledges the deed, the certificate must state that she was examined by the officer separate and apart from her husband, that she declared that she did freely and will-porated in the deed, or annexed to it, ingly seal and deliver the said writing, and wishes not to retract it, and acknowledged the said writing again shown and explained to her, to be her act and deed, and consents that the same may be recorded.

Maryland. Before two justices of the peace of the county where the lands lie, or where the grantor lives, or a judge of the county court of the former county, or mayor of Annapolis for Anne Arundel county; when the acknowledgment is made in another county than that in which the lands are situated, and in which the party lives, the clerk of the court must certify under the court seal, the official capacity of the acting justices or judge. When the grantor resides out of the state, a commission issues on application of the purchaser, and with the written consent of the grantor, from the clerk of the county court where the land lies, to two or more commissioners at the grantee's residence; any two of whom may take the acknowledgment, and shall certify it under seal, and return the commission to be recorded with the deed; or the grantor may empower an attorney in the state to acknowledge for him, the power to be incor

Maine. Before a justice of the

and proved by a subscribing witness before the county court, or two justices of the peace where the land lies, or a district judge, or the governor, or a mayor, notary public, court or judge thereof, of the place where it is executed; in each case the certificate