CHAPTER II.

OF THE ACKNOWLEDGMENT AND PROOF OF DEEDS AND OTHER INSTRUMENTS.

Rev. Stat. 106, Sec. 17. "When any husband and wife residing in this State, shall wish to convey the real estate of the wife, it shall and may be lawful for the said husband and wife, she being above the age of eighteen years, to execute any grant, bargain, sale, lease, release, feoffment, deed, conveyance or assurance, in law whatsoever, for the conveying of such lands, tenements and hereditaments; and if, after the executing thereof, such wife shall appear before some judge or other officer, authorized by this chapter to take acknowledgments, to whom she is known, or proved by a credible witness to be the person who executed such deed or conveyance, such judge or other officer shall make her acquainted with, and explain to her the contents of such deed or conveyance, and examine her separate and apart from her husband, whether she executed the same voluntarily, freely, and without compulsion of her said husband; and if such woman shall, upon such examination, acknowledge such deed or conveyance to be her act and deed, that she executed the same voluntarily and freely, and without compulsion of her husband, and does not wish to retract, the said judge or other officer shall make a certificate indorsed on, or annexed to such deed or conveyance, stating that such woman was personally known to the said judge or other officer, or proved by a witness, (naming him,) to be the person who subscribed such deed or conveyance, and setting forth the examination and acknowledgment aforesaid, and that the contents were made known and explained to her; and such deed, (being acknowledged or proved according to law as to the husband,) shall be as effectual in law as if executed by such woman while sole and unmarried. No covenant or warranty contained in any such deed or

conveyance, shall in any manner bind or affect such married woman, or her heirs, further than to convey from her and her heirs effectually, her right and interest expressed to be granted or conveyed in such deed or conveyance."

When by Husband and Wife, conveying the real estate of the wife.1

I, Homer Wilmarth, a justice of the peace in and for said county, do certify that C. D. and E. D., his wife, whose signatures appear to the foregoing deed, and who are personally known to me to be the persons whose names are subscribed to such deed, as having executed the same, appeared before me this day in person, and did acknowledge the same to be their free act and deed.

And the said E. D., who is above the age of eighteen years, having been by me examined separate and apart from her said husband, and the contents of said deed having been by me made known and explained to her, she acknowledged that she had executed the same voluntarily, freely and without compulsion of her said husband, and does not wish to retract the same.

Given under my hand and seal this

66

18-. HOMER WILMARTH, J. P. [SEAL.]

Sec. 20. No judge or other officer, shall take the acknowledgment of any person to any deed or instrument of writing as aforesaid, unless the person offering to make such acknowledgment, shall be personally known to him to be the real person who, and in whose name such acknowledgment is proposed to be made, or shall be proved to be such, by a credible witness, and the judge or officer taking such acknowledgment, shall, in his certificate thereof, state that such person was personally known to him to be the person whose name is subscribed to such deed or writing, as having executed the same, or that he was proved to be such by a credible witness, (naming him.) And on taking proof of any deed or instrument of writing, by the testimony of any subscribing witnesses, the judge or officer shall ascertain that the person who offers to prove the same, is a subscribing witness, either from his own knowledge, or from the testimony of a credible witness; and if it shall appear from the testimony of such subscribing witness,

(1) Rev. Stat. 106, Sec. 17. See ante, Page 289.

that the person whose name appears subscribed to such deed or writing, is the real person who executed the same, and that the witness subscribed his name as such, in his presence and at his request, the judge or officer shall grant a certificate, stating that the person testifying as subscribing witness, was personally known to him to be the person whose name appears subscribed to such deed as a witness of the execution thereof, or that he was proved to be such by a credible witness, (naming him, and stating the proof made by him; and where any grantor or person executing such deed or writing, and the subscribing witnesses are deceased, or cannot be had, the judge or officer as aforesaid, may take proof of the hand writing of such deceased party and subscribing witness or witnesses (if any,) and the examination of a competent and credible witness, who shall state on oath or affirmation, that he personally knew the person, whose hand writing he is called to prove, and well knew his signature, (stating his means of knowledge,) and that he believes the name of such person subscribed to such deed or writing, as party or witness (as the case may be), was thereto subscribed by such person; and when the hand writing of the grantor or person executing such deed or writing, and of one subscribing witness (if any there be,) shall have been proved as aforesaid, the judge or officer shall grant a certificate thereof, stating the proof aforesaid.”

Form of Certificate of Acknowledgment by one Grantor, personally known to the Justice.1

I, C. De Wolf, a justice of the peace in and for said county, do certify that C. D., whose signature appears to the foregoing deed, and who is personally known to me to be the person whose name is subscribed to such deed, as having executed the same, appeared before me this day in person, and did acknowledge the same to be his free act and deed.

7

Given under my hand and seal, this

day of

- A. D. 18-. C. DEWOLF, J. P. [SEAL.]

(1) Rev. Stat. 107, Sec. 20.

By a Grantor, when proved by a credible witness.1

STATE OF ILLINOIS, SS.

Cook COUNTY,

I, Patrick Lamb, a justice of the peace in and for said county, do certify, that C. D., whose signature appears to the foregoing deed, who was proved to me, by the oath of E. F., a competent and credible witness, to be the person whose name is subscribed to such deed, as having executed the same, appeared before me this day in person, and did acknowledge the same to be his free act and deed.

When proof of deed or instrument is taken by the testimony of a subscribing witness known to the justice.2

I, Owen Mc Carthy, a justice of the peace in and for said county, do certify, that C. D., who is personally known to me to be the person whose name appears subscribed to the foregoing deed as a witness of the execution thereof, appeared before me this day in person, and being duly sworn, according to law, testified that E. F., whose name appears subscribed to such deed as having executed the same, is the real person who executed the same, and that he, the said C. D., subscribed his name as such witness, in the presence of the said C. D., and at his request.

Given under my hand and seal, this

day of

A. D. 18-. OWEN MCCARTHY, J. P. [SEAL.]

When proof of deed or instrument is taken by subscribing witness, not known, but proved to the justice.

I, Andrew Aiken, a justice of the peace in and for said county, do certify, that C. D., whose name appears subscribed to the foregoing deed, as a witness of the execution thereof, and who was proved to me, by the oath of E. F., a competent and credible witness, to be the per

(1) Rev. Stat. 107, Sec. 20. See ante, Page 290.

(3) Ibid. See ante, Page 290.

(2) Ibid. See ante, Page 290.

son whose name appears subscribed to such deed as a witness to the execution thereof, appeared before me this day in person, and being duly sworn according to law testified, that G. H., whose name appears subscribed to such deed as having executed the same, is the real person who executed the same, and that he, the said C. D., subscribed his name as such witness in the presence of the said G. H., and at his request.

Given under my hand and seal, this

day of, A. D. 18—. ANDREW AIKEN, J. P. [SEAL.]

When Proof of Deed is made, where the grantor and subscribing witnesses are deceased, or not to be had.1

I, M. L. Dunlap, a justice of the peace in and for said county, do certify, that C. D., a competent and credible witness, appeared before me this day in person, and being duly sworn according to law, stated on oath, that he personally knew E. F., whose name appears subscribed to the foregoing deed, as having executed the same, and G. H., whose name appears subscribed to such deed as a witness to the execution thereof; that they are now deceased, (or "cannot be had," as the case may be); that he well knew the signature of each of said persons, having seen each of them frequently write their names, (or other means of knowledge,) and that he believes the name of said E. F., subscribed to such deed as having executed the same, and the name of said G. H., subscribed thereto as a witness of the execution thereof, were thereunto subscribed by said persons. Given under my hand and seal, this

M. L.

A. D. 18-.

day of DUNLAP, J. P. [SEAL.]

"Sec. 21. It shall and may be lawful for any married woman to release her right of dower of, in and to any lands and tenements, whereof her husband may be possessed or seized, by any legal or equitable title during coverture, by joining such husband in the deed or conveyance, for the conveying of such lands and tenements, and ap pearing and acknowledging the same before any judge or other officer authorized to take acknowledgments by this chapter; and it shall be the duty of such judge or other officer, if such woman be not personally known to him to be the person who subscribed such deed or con

(1) Rev. Stat. 107, Sec. 20. See ante, Page 290.