Page:United States Statutes at Large Volume 31.djvu/556

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

504 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. such State, Territory, or District to take the acknowledgment of deeds therein, or before any commissioner appointed for such purpose. ch<;¢g;g§;:¤¤¤*¤m¢i¤l Sec. 84. In the cases provided for in the last section, unless the ' acknowledgment be taken before a commissioner appointed for that purpose, or before a notary public certified under his notarial seal, or efore the clerk of a court of record certified under the seal of the court, such deed shall have attached thereto a certificate lpf the clerk or other pro er certifyin officer of a court of reco_rd of the county or district withlin which suci acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment was at the date thereof such officer as he is therein represented tp lip, and that he believes ghehsignlatuge (qf such perli son subscribe thereto to be genuine an t at the ee is execute ppdtaclinowledged according to the laws of such State, Territory, or is 1‘1C . A°k¤°"l$‘d8 *1;**** Sec. 85. If such deed be executed in any foreign country it may be lliuiiiiigs m fo ei executed according to the laws of such country, and the execution thereof may be acknowledged before any notary public therein, or before any minister plenipotentiary, minister extraordinary, minister resident, chargé d’afl'aires, commissioner, or consul of the United States appointed to reside therein, which acknowledgment shall be certined thereon by the officer taking the same, under his hand· and if taken léefore a notary public his seal of office shall be aiiizfed to suc certi cate. ` b\5\;‘]*;¤;gg(l¤{},gu¤;},$1¤* Sec. 86. When a married woman residing in the district shall join ‘with her husband in a deed of conveyance of real property situated within the district she shall acknowledge that she executed such deed _ freely and voluntarily. ,,§{"{§§i§f,§§,‘g§{.g§,g Sec. 87. When any married woman not residing in the district shall our Ofdistrict- join with her husband in any conveyance of real estate situated within the district the conveyance shall have the same effect as if she were sole, and the acknowledgment or proof lpf the execution of such con- _ ve *ance by her may be the same as if s e were sole. j k,§,*§‘{§§gf,§,{E,§‘Qgm§§g Sec. 88. No acknowledgment of any conveyance having been exek¤<>Wsr¤¤*¤r- euted shall be taken by any officer unless he Ehall know or have sagifactor evidence that the erson making suc acknowledgment is e _ individual described in ang who executed such conveyance. ,,,}°'§§§,§f,b‘§§§°“§L‘§{{ Sec. 89. Proof of tlhe execution of any conveyance bel mad; ¤?=¤¤¢S- before any officer authorized to take acknowledgment o ee s an shall be made by a subscribing witness thereto, who shall state his, own place of residence and that he knew the person described in and who executed such conveyance; and such proof shall not be taken unless the officer is personally acquainted with such subscribing witness or has satisfactory evidence that he is the same person w o was a subscribing witness to such instrument. _ _ u£};;e§g;a(§g‘r°;*bs;§§{‘ Sec. 90. When any grantor is dead, out of the_ district, or refuses `to acknowledge his dee ,and all thisugiscribinglwitnesses to Such deeg shall also be ead or reside out of the istrict the same may e prove before the district court, or any judge theredf, by proving the hand- _ writing of the grantor and of any subscribing witness thereto. u,};i§‘2§s§,,§° °‘°°“‘ SEG- 91- Upon the application of any grantee, or of any person ` claiming under him, verified by the oath_of the applicant, setting forth that the grantor is dead, out of the district, or refused to acknowledge his deed, and that any witness to such conveyance refuses to appear and testify touching the execution thereof and that such conveyance can not be proven without his evidence, ariy officer authorized to take the acknow edgment or proof of conveyance, except a commissioner of deeds, may- issue a subpoena requiring such witness to appear and · testify before such officer touching the execution of such conveyance.