CHAPTER XXIV CERTIFICATES OF ACKNOWLEDGMENT AND OF PROOF Section 1.-Certificates of Acknowledgment. No. 404-Certificate of acknowledgment of married woman, upon alienation of homestead. No. 405-Certificate of acknowledgment of person known to officer. No. 406-Certificate of acknowledgment of two persons known to officer. No. 407-Certificate of acknowledgment of one of several persons, who is known to officer. No. 408-Certificate of acknowledgment of corporate officer, who is known to officer. No. 409-Certificate of acknowledgment of executor known to officer. No. 410-Certificate of acknowledgment of receiver, who is known to officer. No. 411-Certificate of acknowledgment by transferor of claim against the United States, made after allowance. No. 412-Certificate of acknowledgment of trustee known to officer. No. 413-Certificate of acknowledgment of substituted trustee known to officer. No. 414-Certificate of acknowledgment of agent, acting under recorded power of attorney, who is known to officer. No. 415-Certificate of acknowledgment of agent, acting under an unrecorded power of attorney, who is known to officer. No. 416-Certificate of acknowledgment of agent, acting under recorded power of attorney, who is known to officer-recommended by statutory board of consolidation. No. 417-Certificate of acknowledgment of agent, acting under an unrecorded power of attorney, who is known to officerrecommended by statutory board of consolidation. No. 418-Certificate of acknowledgment of officer of joint stock association, who is known to officer. No. 419-Certificate of acknowledgment of member of firm, who is known to officer. No. 420-Certificate of acknowledgment of person originally unknown to officer, whose identity is established by the oath of a person known to officer. Section 2.-Certificates of Acknowledgment, Required by Stock Exchange Practice. No. 421-Certificate of acknowledgment of married woman, who is known to officer. No. 422-Certificate of acknowledgment of unmarried woman, who is known to officer. No. 423-Certificate of acknowledgment of widow, who is known to officer. No. 424-Certificate of acknowledgment for firm. No. 425-Certificate of acknowledgment for a firm, after dissolu tion. Section 3.-Certificates of Acknowledgment, Recommended by Commissioners on Uniform State Legislation. No. 426-Certificate of acknowledgment by person, who is known to officer. No. 427-Certificate of acknowledgment by two persons, who are known to officer. No. 428-Certificate of acknowledgment by person acting as agent, who is known to officer. No. 429-Certificate of acknowledgment by officer of a corporation, who is known to officer. No. 430-Certificate of acknowledgment by officer of a joint stock association, who is known to officer. Section 4.-Certificates of Proof. No. 431-Certificate of proof by subscribing witness known to officer. No. 432-Certificate of proof by subscribing witness originally unknown to officer, whose identity is established by the oath of a person known to officer. SECTION 1.-CERTIFICATES OF ACKNOWLEDGMENT.1 No. 404. Certificate of acknowledgment of married woman, upon alienation of homestead.2 I, John Doe, a notary public in and for said county in said state, do hereby certify that on this 5th day of January, 1923, before me personally appeared the within named Jane Roe, to me known, and known to me, to be the wife of the within named Richard Roe, and, after separate examination separate and apart from her husband, during which I made known to her the contents of the foregoing instrument and fully advised her of her rights and the effect of signing said instrument, she, thereupon, in my presence, signed and sealed the said instrument, and she duly acknowledged to me that she signed, sealed and delivered the same as her voluntary act and deed; and the said Jane Roe, being of full age, on private examination separate and apart from her husband, before me further acknowledged that, for the purposes, uses and considerations therein mentioned, she signed, sealed and delivered the same, including the release and waiver of the right of homestead, of her own free will and accord, and as her voluntary act and deed, freely, and without fear, constraints, restraints, or threats of, or from, her said husband, and she further acknowledged and stated that she did. not wish to retract the execution of the same, and that she consented that the same might be recorded. 1 Technically, an acknowledgment is the act by which a person, who has executed an instrument, declares to a competent officer that he is the person described in and who executed it (Cook v. Kelley (1861), 12 Abb. Pr. (Ñ. Y.) 35; aff'd. (1862), 14 Abb. Pr. (N. Y.) 466). As commonly used, the word signifies both an admission of execution and the officer's written certification to the admission (Rogers v. Pell (1898), 154 N. Y. 518, 49 N. E. 75). As the acknowledgment of an instrument may be necessary in order to make it valid, or to entitle it to filing or recording, or to dispense with other proof of its execution in order to make it admissible in evidence, it is always advisable to append a certificate of acknowledgment to every agreement. The certificates of acknowledgment in this chapter, except as otherwise indicated, conform to the requirements of the laws of the state of New York. While the forms of certificates of acknowledgment may vary somewhat in the different states, they are commonly so well known to local users that it has been deemed superfluous to include all of them. 2 Specific statutory enactments in many of the states require a special form of acknowledgment, when a wife joins in the execution of an instrument for the purpose of releasing her homestead rights. This form of acknowledgment has been prepared to satisfy the requirements of the homestead statutes, so-called, of the various states. IN WITNESS WHEREOF, I have hereunto set my hand and official seal, this 5th day of January, 1923. On this 5th day of January, 1923, before me personally came John Doe, to me known to be the person described in, and who executed, the foregoing instrument, and acknowledged that he executed the same. (Seal) Richard Roe, Notary Public, New York County, No. 50. No. 406. Certificate of acknowledgment of two persons known to officer.* On this 5th day of January, 1923, before me personally came John Doe and Jane Doe, to me known to be the persons described in, and who executed, the foregoing instrument, and they severally acknowledged that they executed the same. (Seal) Richard Roe, Notary Public, New York County, No. 50. 3 Cf. Fryer v. Rockefeller (1875), 63 N. Y. 268. Cf. Paolillo v. Faber (1900), 56 App. Div. 241, 67 N. Y. Supp. 638, 9 N. Y. Ann. Cas. 32. No. 407. Certificate of acknowledgment of one of several persons, who is known to officer.5 On this 5th day of January, 1923, before me personally came John Doe, to me known to be one of the persons described in, and who executed, the foregoing instrument, and acknowledged that he executed the same. (Seal) Richard Roe, Notary Public, New York County, No. 50. No. 408. Certificate of acknowledgment of corporate officer, who is known to officer.6 On this 5th day of January, 1923, before me personally came John Doe, to me known, who, being by me duly sworn, did depose and say that he resides in New York City; that he is the president of the John Doe Co., Inc., the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that he signed his name thereto by like order. (Seal) Richard Roe, Notary Public, New York County, No. 50. 5 Cf. People v. Donagan (1919), 226 N. Y. 84, 123 N. E. 71. |