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A PRACTICAL GUIDE 
 
 FOR 
 
 NOTARIES PUBLIC AND 
 COMMISSIONERS OF DEEDS 
 
 OF NEW YORK 
 
 SETTING FORTH THE POWERS AND DUTIES OF THESE OFFICERS, 
 TEEMS, APPOINTMENT, FEES; THEIR LIABILITIES, CIVIL AND 
 CRIMINAL ; SHOWING FORMS OF ACKNOWLEDGMENTS, INDI- 
 VIDUAL, MAN AND WIFE AND CORPORATION USED OR 
 REQUIRED IN 'EVERY STA'TE OF* THE UNITED 
 STATES, TOGETHER WITH OTHER REQUIRE- 
 MENTS AND INFORMATION OF INTEREST 
 AND VALUE IN CONNECTION 
 WITH THEIR OFFICIAL ACTS 
 
 By 
 
 EUGENE B. SCHWARTZ 
 
 Chief Clerk, Notarial Bureau, 
 New York County Clerk's Office. 
 
 Revised Edition 
 
 COOPER PUBLISHING CO. 
 
 121 EAST IITH STREET 
 
 NEW YORK 
 
/S/X/ '^^- 
 
 Copyright, 1921 
 EUGENE B. SCHWARTZ 
 
FOREWORD TO SECOND EDITION 
 
 The writer, as Chief Clerk of the Notarial and Certificate 
 Department in the office of the County Clerk of New York 
 County, at the request of the County Clerk, the Honorable 
 William F. Schneider, compiled the first edition of this little 
 book. Its publication met with much approbation by those 
 interested in the subject matter. To meet the increased de- 
 mand from all sides the writer submits this revised edition 
 in^ the hope that it will meet with the same favorable recep- 
 tion, and that it will, in a measure, be of help to those whose 
 knowledge of the subject is limited by reason of the fact 
 that the information contained herein is scattered through- 
 out the various statute books of New York and other states 
 in the Union. 
 
 EUGENE B. SCHWARTZ. 
 
 New York, N. Y. 
 
 Nineteen Hundred Twenty-One. 
 
HISTORY OF THE OFFICE OF NOTARY PUBLIC. 
 
 The office of notary public is an ancient one. Tracing its 
 origin we find that the office existed as far back as 500 B. C, 
 and that he held a position similar to that of our lawyers of 
 the present day. It was the Romans who originated the 
 idea of appointing a person to draw up legal documents and 
 to certify to them. Such a person was called a "Tabularius". 
 
 In England the notary was known before the Conquest 
 (A. D. 1066). They were clerks to the Chancellor, which 
 office is described in the history of English Law as "A great 
 secretarial bureau, a home office, a foreign office and a min- 
 istry of justice". 
 
 In Roman law the notarius was originally a slave or freed- 
 man who took notes (notae) of judicial proceedings in short- 
 hand or in cipher. The notary of modern law corresponds 
 rather to the tabellio or tabularius of Roman law than to 
 the notarius. In the canon law the notary was a person of 
 great importance, and it was the maxim of that law that his 
 evidence was worth that of two unskilled witnesses. In 
 most European countries he still holds something of his old 
 position under the canon law. In France, for instance, a 
 document attested by a notary is said to be "legalized," a 
 term much too strong to express the effect of such attestation 
 in England, where the notary public, in spite of his name, is 
 not recognized as a public officer to such a degree as the 
 notary in other countries. (Encyc. Britannica.) 
 
 In our state, New York, the first act in relation to notaries 
 was passed in 1815. The first statute creating the office was 
 in 1823. Up to 1859, the duties of a notary consisted of 
 drawing and copying protests on promissory notes or bills 
 of exchange; drawing and copying of affidavits. In 1859, 
 their powers were broadened by allowing them to administer 
 oaths and affirmations and to take proof and acknowledgment 
 
of deeds, mortgages and other papers. Their term was for 
 two years from the date of appointment. In 1869, a rule 
 was adopted whereby the term of all notaries commenced on 
 March 31st, and ended March 30th, two years thereafter. 
 
 There are to-day, in the City of New York, about twenty 
 thousand notaries and commissioners of deeds. In 1829, 
 they numbered less than one hundred. 
 
 PURPOSE OF THE OFFICE OF NOTARY PUBLIC. 
 
 "The duties and powers conferred upon notaries public are 
 of a character that it would not be safe to permit every citizen 
 to discharge for their mutual benefit without any sease of 
 ofificial responsibility. To expedite both public and private 
 business, and for the purpose of authenticating business 
 transactions for the public benefit, as well as for the benefit 
 of the individual citizen, this particular office has been created, 
 and the powers of the persons holding it defined." (People 
 V. Rathbone, 11 Misc. 98.) 
 
 If there were no such officer as a notary public or com- 
 missioner of deeds, every time we desired to swear to an 
 affidavit, acknowledge a deed, protest a commercial paper, 
 etc., we would be compelled to hale all parties interested to 
 a court of justice, and before the judge and in open court 
 acknowledge or swear to our act, or appear with witnesses 
 before the Register of County Clerk, or Surrogate, and prove 
 to the official that we are the persons named in the document 
 and that the transaction is a bona fide one. If we desired 
 to transfer a piece of property lying in, say, California, we 
 would have to journey thither, etc. 
 
 Therefore, the notary holds a sort of quasi-judicial posi- 
 tion in every civilized country. His attestation to a document 
 gives it credit and authenticity in local and foreign jurisdic- 
 tions. His signature to a document is prima facie evidence 
 of its genuineness. 
 
NOTARIES PUBLIC. 
 
 ELIGIBILITY AND QUALIFICATIONS. 
 
 Any person, male or female, over the age of twenty-one 
 years, who is a citizen of the United States, a resident of the 
 State of New York, having legal residence in the county for 
 which appointment is desired, may become a Notary Public. 
 A naturalized citizen must submit with his application a 
 transcript of his naturalization certificate. Such a transcript 
 may be obtained from the Qerk of the Court which issued 
 the original. Do not send the original. The certified copy, 
 only, will be accepted. 
 
 APPLICATION BLANKS. 
 
 May be had at any time by writing for same to the Secre- 
 tary to the Governor, Albany, New York. The following 
 is the form: 
 
 APPLICATION FOR THE OFFICE OF 
 NOTARY PUBLIC 
 
 (This blank must be filled in the handwriting of applicant 
 with exception of "Name of applicant in full," and "Actual 
 place of Residence'' which must be typewritten or printed in 
 Roman letters.) 
 
 County of Residence 
 
 Actual place of ^ City or Village of 
 
 Residence ( Street and Number 
 
 Name of applicant in full 
 
 Occupation Any other occupation. 
 
 With or of the firm of 
 
 Line of business Business address . . 
 
Age When and where born 
 
 It naturalized, when and where 
 
 Are you admitted to the Bar? 
 
 If so, when and where ? 
 
 Are you associated with any lawyer or firm of lawyers?.. . 
 
 If so, with whom ? 
 
 Has your application for appointment as Notary Public 
 
 ever been rejected? 
 
 Have you ever been removed from the office of Notary 
 
 Public or Commissioner of Deeds? 
 
 Give particulars 
 
 Are you now a Notary? If so, for what county? 
 
 Do you solicit, undertake, or have you been paid for the 
 
 drawing of any legal papers or documents? 
 
 If so, of what sort ? 
 
 State of New York | 
 County of ( 
 
 The undersigned, who is an applicant for the office of 
 Notary Public, having been duly sworn, says that he is a 
 citizen of the United States, a resident of the State of 
 New York, and over the age of twenty-one years, and 
 that all the statements contained in the foregoing appli- 
 cation are true. 
 
 Subscribed and sworn to before me this 
 
 day of 19 by the applicant herein, and 
 
 who is to me personally known. 
 
 (Signature of Applicant) 
 
 Notary Public. 
 
 RECOMMENDATIONS 
 
 Names of persons recommending appointments must be 
 signed personally by them, with occupation and address. 
 
 Wc have known , the can- 
 didate named herein for appointment to the office of Notary 
 
 8 
 
Public, for ( ) ( ) years and we know the appli- 
 cant to be of good moral character, qualified to perform 
 the duties of Notary Public and we believe that the facts 
 stated in the affidavit as stated above are true. 
 
 Lawyer Lawvcr 
 
 Answer every question thereon, have two attorneys at law 
 sign as vouchers, sign and swear to the affidavit before a 
 Notary Public or Commissioner of Deeds and mail back to 
 the Secretary at Albany. Receipt of application blanks is not 
 acknowledged by the Secretary. When applicant himself is 
 an attorney, no vouchers are required. 
 
 APPOINTMENT; HOW MADE. 
 
 The appointment is made by the Governor, with the consent 
 and advice of the Senate. When Senate is not in session, 
 the Governor has power to appoint for the unexpired term. 
 
 REAPPOINTMENT. 
 
 Application blanks for reappointment are sent, without re- 
 quest, by the Secretary, three or four months before the ex- 
 piration of the term. Blanks should be filled out properly 
 and sworn to. NO VOUCHERS ARE REQUIRED, and 
 naturalized citizens need not submit transcript of naturaliza- 
 tion, unless they have not done so previously. Should notary 
 fail to receive blank for reappointment before March first 
 in the year in which the term empires, he should communicate 
 with the Secretary, as notice may have miscarried either 
 through change of address or other cause. It would be well 
 to notify the Secretary of any change of address at the time 
 the change is made, so that he may correct the mailing 
 record. 
 
TERM OF OFFICE. 
 
 The full term is two years from March 31st, in any year, 
 i. e., two years from the 31st of March of the year in which 
 the appointment is made. The full term appointment is con- 
 firmed by the Senate. Those who apply during recess of the 
 Senate, will be appointed by the Governor for the unexpired 
 term of the two years beginning with the preceding March 
 31st. To illustrate: A person applying in, say, January, 1921, 
 would be appointed for the full term of two years beginning 
 March 31st, 1921, and ending March 30th, 1923; but if im- 
 mediate appointment were desired by the applicant, he would 
 be appointed for the unexpired term beginning with the ■ 
 preceding March 31st, and his term would commence on the 
 day he took the oath of office and would end on March 
 30th, 1922. The fee, in both cases, would be the same. 
 
 PROCESS OF QUALIFICATION. 
 
 The Governor submits to the Senate a list, in duplicate, of 
 those applying for commissions. The Clerk of the Senate 
 reads the names in open session and the members vote upon 
 it. Except in rare cases, the names are usually confirmed 
 without debate. When confirmed, it is signed by the President 
 of the Senate and attested by the Secretary. One copy is 
 sent to the Governor and the other to the Secretary of State. 
 The Governor signs the commission and Secretary of State 
 attests it by his signature and impresses the Great Seal of 
 the State thereon. The list is divided into counties and then 
 sent to the clerks of the various counties. The clerk of each 
 county then notifies the appointee by mail to call at his office 
 within fifteen days from the date of the notice, to take the 
 oath of office and pay the fee. Attention is called to the fact 
 that a new appointee must present himself within the IS days 
 allowed, otherwise his appointment will become void. The 
 county clerk has no choice in the matter. He cannot extend 
 the time. Those whose notices call for reappointment, have 
 until April 15th to requalify, irrespective of when the notice 
 
 10 
 
is dated, if the reappointment is for the full term beginning 
 March 31st. The notices for reappointment are usually sent 
 out early in March so as to allow applicants plenty of time 
 in which to qualify. Should an applicant find himself unable 
 to qualify within the time limit, new application must be made 
 to the Secretary to the Governor but a note of explanation 
 should accompany the request. 
 
 New appointees, if qualified for the full term before March 
 31st, should bear in mind that their term of office does not 
 commence until March 31st. If appointed for the unexpired 
 term, their term of office commences immediately upon taking 
 the oath of office. Those who are reappointed for the full 
 term should not use their new numbers until March 31st. 
 The following is the oath to be taken : 
 
 "You do solemnly swear that you will support the Consti- 
 tution of the United States, the laws of the State of New 
 York, and that you will faithfully perform the duties of 
 Notary Public to the best of your ability, so help you God." 
 
 FEES FOR QUALIFYING. 
 
 Residents of New York, Kings or Bronx County $10.00 
 
 Residents of a city having a population of more than 
 
 50,000 but less than 600,000 S.OO 
 
 Elsewhere 2.50 
 
 SIGNING OF OFFICIAL REGISTER. 
 
 A Notary is required to leave his signature upon the official 
 records of the county clerk. Adopt a certain signature, sign 
 the book and card index, and thereafter use that signature 
 exclusively.' The full name need not be signed. It is per- 
 missible to leave two signatures upon the records, the full 
 name, abbreviation of given name, or initials. The county 
 clerk will refuse certification to official acts by notaries un- 
 less the signature appearing on the document corresponds 
 with the signature or signatures left upon the official records. 
 
 11 
 
OFFICIAL NUMBERS. 
 
 At the time a notary qualifies, an official number is assigned 
 to him. The law makes it mandatory to use this number 
 in the counties of New York, Kings, Bronx and Queens. 
 Notaries acting in more than one county need not use all 
 numbers assigned to them, but must use the number assigned 
 to them in the county in which they acted or the number 
 assigned to them in the county in which the document is to 
 be filed or recorded. For example : A Notary of New York 
 County attests an instrument to be filed, recorded, or to be 
 authenticated in any public office, except the Register's or 
 Surrogate's offices, should give his New York County Clerk^s 
 number only. If the same paper is to be filed or recorded 
 in the Surrogate's or Register's office, the notary should give 
 both the county clerk's and register's numbers. But if the 
 same notary has a certificate filed in, say, Bronx County, 
 and the instrument he attests is to be filed in the Register's 
 Office of Bronx County, he need not give his New York 
 County numbers at all, but must give his numbers received 
 in" Bronx County. If notaries will bear in mind that the 
 numbers are given to facilitate the verifying of signatures 
 in the office in which the instrument is to be used, a great 
 deal of unpleasantness will be eliminated all around. There 
 is no objection to having a rubber stamp showing all numbers 
 impressed upon an instrument, in fact, it is preferable as. it 
 eliminates doubts and is more legible. In addition to num- 
 bers, it should also give the date of the expiration of the 
 notary's term. While this is not required by law in this 
 state, great many other states insist upon it and will reject 
 an instrument that does not show it. The writer would 
 respectfully suggest that those notaries whose signatures come 
 under the description of hierogliphics, to have their names 
 also, on the rubber stamp. Many instruments attested by 
 Notaries have to be copied and certified and "recording officers 
 and others experience great difficulty in deciphering illegible 
 signatures. Therefore, this suggestion. 
 
 12 
 
POWER TO ACT. 
 
 After a notary has taken the oath of office and paid the 
 fee, he has power to perform the duties of his office ONLY 
 IN THE COUNTY IN WHICH HE TOOK THE OATH 
 OF OFFICE, except in cases explained below. In order 
 that he may perform the duties of his office in other county 
 cr counties, it is necessary that he file a transcript of his 
 appointment in every county in which he desires to act. 
 Transcripts are obtained from the clerk of the county in 
 which the notary took the oath of office. ( People ex, rel. 
 Merchant vs. Schneider, Sup. Ct. 1st Dept. 1920.) The fee 
 for transcripts is SO cents each. Certificates of authority, 
 suitable for framing, may be obtained from the clerk of the 
 county wherein the oath of office was taken. 
 
 FEES FOR FILING TRANSCRIPTS. 
 
 From New York County to any other county in the 
 
 state, except Queens $1.00 
 
 From Kings county to any other county in the state, 
 
 except Queens 1-00 
 
 From Bronx county to any other county in the state, 
 
 except Queens 1-00 
 
 From any other county in the State to New York, Kings 
 
 or Bronx county 7.50 
 
 From any county in the state to any other county, ex- 
 cept New York, Kings' Bronx or Queens 100 
 
 From any county in the state of Queens county 1.25 
 
 It will be seen from above table that Notaries residing in 
 New York, Kings or Bronx county, have an advantage in 
 the matter of fees over those residing in other counties. A 
 Notary residing in, let us say, Westchester county, in the 
 City of Yonkers, would pay $5.00 to qualify in Westchester 
 county because Yonkers has a population of over 50,000. 
 In order to be qualified to act in New York county he would 
 have to pay $7.50, and an additional $7.50 in each of the 
 
 13 
 
counties of Kings and Bronx, making a total of $27.50 for 
 the four counties. A New York, Kings or Bronx Notary 
 would pay $10 to qualify in the county in which he resided 
 and would pay but an additional dollar to act in any other 
 county, making a total of but $13 to act in the same four 
 counties for which the Westchester man pays $27.50. The 
 writer will endeavor to remedy this inequality by legislation, 
 as the Attorney General of the State, at the request of the 
 County Clerk of New York for an opinion held that the law 
 as it now stands makes the charge of $7.50 mandatory in 
 each of the counties of New York, Kings and Bronx. 
 
 FILING TRANSCRIPT BY MAIL. 
 
 Wherever practicable, notaries should appear in person to 
 file transcript ot appointment. When it is impracticable to 
 do so, the following procedure may be followed : Secure 
 transcript of appointment from county clerk of the county in 
 which the oath of office was taken. Enclose such transcript 
 with two specimen signatures written on thin but strong white 
 paper. Give both residence and business address. If in a 
 large building, give room or floor number. Also enclose 
 self-addressed, stamped envelope for sending back of official 
 number. Of course, the fee must not be omitted. The right 
 to file transcript of appointment by mail is upheld by a 
 unanimous decision of the Supreme Court, Appellate Division, 
 First Department, in the matter of People ex. rel. Horsey 
 v, Ganly, &c., 154 N. Y. S. 371, 168 App. Div. 856. 
 
 FILING TRANSCRIPT WITH REGISTER. 
 
 In a county in which there is a Register and County Clerk, 
 (New York, Kings, Bronx, Westchester), a notary must 
 file a transcript of his appointment in order that the Register 
 may accept instruments to be filed or recorded with him. A 
 certificate by the county clerk attached to the instrument to 
 be filed or recorded will not be accepted in lieu therepf. 
 
 14 
 
This is another condition that the writer will attempt to 
 remedy by legislation. As the law now stands, a Notary in 
 order to have power to take an acknowledgment to an in- 
 strument affecting real property in the county in which he acts, 
 must have a transcript of his appointment together with his 
 autograph, signature filed with the Register of that county. 
 But there is nothing in the law that would prevent a Notary 
 from taking an acknowledgment to an instrument effecting 
 real property situate in a county or state other than in which 
 the acknowledgment was taken by the Notary. Filing with 
 the Register is optional not mandatory. Notaries who have 
 no occasion to attest papers affecting real property in the 
 county in which they act, need not file transcript. The fee 
 for filing with the Register is 25 cents, and the number given 
 to the Notary must be stated upon instruments to be filed 
 or recorded in Register's office as well as the county clerk's 
 number. In attesting papers to be filed or recorded with the 
 Surrogate, both county clerk and register's numbers must be 
 given. 
 
 MAY ACT THROUGHOUT THE STATE WITHOUT 
 HAVING CERTIFICATE FILED. 
 
 Up to 1913, a Notary Public could not act as such except 
 in the county in which he qualified or had transcript of ap- 
 pointment filed. He could up to that time as well as at pres- 
 ent, protest commercial papers throughout the state. Chapter 
 208 of the Laws of 1913, extends the power of the Notary 
 throughout the state, to quote : 
 
 "A Notary may exercise all functions of his office 
 throughout the state, in any county, without having 
 his certificate filed therein, provided that written in- 
 struments so acknowledged or proved are to be re- 
 corded or read in evidence only in the county for 
 which the Notary was appointed or in which he has 
 his certificate filed." 
 
 IS 
 
To illustrate: A Notary appointed for, let us say, Kings 
 County, with certificates filed in New York and Bronx 
 Counties, finds himself somewhere up state, say Erie County, 
 and is asked to take an acknowledgment to an instrument 
 which is to be filed or recorded in the counties of Kings, 
 New York and Bronx. Under the law he may do so, although 
 he had no certificate filed in the county in which the acknowl- 
 edgment was taken, Erie County. He could not take an 
 acknowledgment to be used in Erie County or in any other 
 county outside of the three named, except, of course, if he 
 had his certificate filed therein. Whenever a notary has 
 occasion to act under this act, the venue of the instrument 
 should show the county in which he acted, and after his 
 
 signature and official title should add : Acting in 
 
 County under Chapter 208, Laws 1913. 
 
 REMOVAL FROM COUNTY. 
 
 The Attorney General of the State (1911) has held that ? 
 Notary who removes from the county for which he was ap- 
 pointed, automatically forfeits his office by removal from 
 such County. The fact that the Notary has a transcript filed 
 with the clerk of the county into which he moves does not 
 alter the case. Notaries who desire to retain their commission 
 should notify the. Secretary to the Governor, and apply for 
 a new commission. No part of the fee paid can be returned 
 and upon requaiification they will have to pay the full fee. 
 
 A Notary who continues to act in his official capacity 
 after his removal from the county for which he was appointed, 
 may have his acts legalized by applying for an appointment 
 as a Notary for the county into which he moved. But as a 
 condition, he must pay the full fee for the term during the 
 life of which he moved. He cannot have his acts legalized 
 by applying for and securing a new term of appointment, and 
 which term would run longer than the original term. 
 
 16 
 
CHANGE OF NAME. BY COURT ORDER. 
 
 Notaries whose names have been changed by the proper 
 court order may continue to act under their new names by 
 serving upon the Secretary to the Governor a certified copy 
 of the order of court granting the change and also advising 
 the Secretary wh.ere their certificates are filed so that he may 
 notify the County Clerks or Registers of the change. It will, 
 of course, be necessary to call at the various offices to sign 
 the official register with the new name. 
 
 CHANGE OF NAME. BY MARRIAGE. 
 
 Under an opinion rendered by the Attorney General of 
 the State of New York (1909), a woman who is a Notary 
 and marries during her term, may continue the functions of her 
 office after marriage by signing her name in a notarial ca- 
 pacity, adding after it, in parentheses, her married name. 
 As: JANE DOE marries JOHN SMITH. Her signature 
 should read: JANE DOE (SMITH). It has been the prac- 
 tice of the writer to require an affidavit setting forth the 
 date of marriage, name before marriage and the new name, 
 and upon the presentation of such affidavit to allow the ap- 
 plicant to sign the official register. In cases of this kind the 
 Secretary to the Governor should also be notified, in order that 
 the records may be kept straight. 
 
 REMOVAL OF NOTARY ON CHARGES. 
 
 A Notary may be removed by the Governor within the 
 term after giving to such officer a copy of the charges against 
 him and an opportunity to be heard in his defense. The 
 Governor may either hear the evidence himself or appoint a 
 judge or commissioner to hear same. The attorney-general 
 or the district attorney will conduct the examination. The 
 Notary must be given at least eight days' written notice of 
 the time and place -of such examination. If, in the opinion 
 
 17 
 
of the Governor, the charges were well founded and justify 
 the removal of the Notary, he signs the order of removal 
 in duplicate. One of them is recorded in the office of the 
 Secretary of State and the other is forwarded to the Clerk 
 of the County in which the Notary qualified, who notifies the 
 Notary forthwith of his removal. 
 
 Any charge of misconduct on the part of a Notary should 
 be addressed to the Governor for action. County Clerks or 
 Registers have no power to either discipline or remove an 
 offender. 
 
 DEFINITIONS OF NOTARY PUBLIC. 
 
 A Notary Public is a public officer whose function is to 
 attest and certify, by his hand and official seal, certain classes 
 of documents, in order to give them credit and authenticity 
 in local and foreign jurisdictions; to take acknowledgments 
 of deeds and other conveyances, and certify the same; to 
 perform certain official acts, chiefly in commercial matters, 
 such as the protesting of notes and bills, the noting of for- 
 eign drafts, and marine protests in cases of loss and damage. 
 (Black. Law Diet.) A public functionary, authorized to re- 
 ceive all acts and contracts to which parties wish to give the 
 character of authenticity, attached to the acts of public 
 authority, to secure their date, their preservation and the 
 delivery of copies. (29 Cyc. p. 1068.) 
 
 From other definitions we find that a Notary Public is an 
 official appointed by the state to assist any person or corpora- 
 tion in proving that certain facts were sworn to or certain 
 acts were the act and deed of the person or corporation 
 appearing before him. The Notary's attest or certification 
 to an oath, affidavit or acknowledgment to a document or 
 instrument renders them available as evidence of the facts 
 therein contained. 
 
 18 
 
POWERS IN NEW YORK STATE. 
 
 "Anwhere within the state to demand acceptance and pay- 
 ment of foreign and inland bills of exchange, and of promis- 
 sory notes, and may protest same for the non-acceptance or 
 non-payment thereof, to exercise' such powers and duties as 
 by the laws of nations and according to commercial usage, 
 or by the laws of any other government, state or county, 
 may be performed by Notaries. To administer oaths and 
 affirmations and certify the acknowledgment and proofs of 
 deeds and other written instruments to be read in evidence 
 or recorded in this state." (Sec. 105, Executive Law.) 
 
 POWERS UNDER LAW OF OTHER STATES. 
 
 The broad powers given under Section 105 of the Executive 
 Law to Notaries, makes their official acts acceptable in every 
 state of the United States. This does not mean, however, that 
 the mere execution of an instrument in New York and before 
 a New York Notary is acceptable in every state. Each state 
 has its own peculiar requirements as to the method of ad- 
 ministering oaths and affirmations, taking of depositions and 
 acknowledgments. And each state prescribes the exact word- 
 ing of an acknowledgment for individuals, man and wife 
 and corporations. (See index for the various forms and re- 
 quirements.) Some states, notably California, prescribe that 
 an instrument executed outside of the state may be acknowl- 
 edged in the statutory form of the state in which it was taken ; 
 but there must be a county clerk's certificate attached to the 
 instrument which shall set forth that the instrument was exe- 
 cuted and acknowledged according to the laws of the state in 
 which it was executed and acknowledged. If the county clerk 
 cannot issue such a certificate, the wording of the acknowl- 
 edgment should be changed to meet the statute of the state 
 requiring it. Per contra, if an instrument which is to be 
 filed or recorded in New York state is executed in another 
 state, it must, in substance, be executed and acknowledged 
 according to the laws of our state ; and if it is not, it must 
 be made to conform. Even the county clerk's certificate must 
 be in our statutory form. (See Index for forms.) 
 
 19 
 
POWERS UNDER FEDERAL STATUTES. 
 
 The powers of a Notary under the federal statutes is lim- 
 ited to those cases as to which the power has been expressly 
 conferred. (U. S. v. Manion, 44 Fed. 800.) Since 1789 
 various statutes were enacted and clothed the Notary with 
 powers to act generally in all matters pertaining to their 
 office, which powers correspond to those conferred upon 
 them by the present Executive Law of New York state. Cer- 
 tain acts may not be performed by Commissioners of Deeds. 
 (See Powers of Commissioners of Deeds.) 
 
 POWERS UNDER INTERNATIONAL LAW. 
 
 As previously stated here, the powers of a Notary in 
 a foreign country is far greater than in our own. A cer- 
 tification by a Notary is excepted in any part of the world. 
 But there must be attached to the instrument a certificate 
 of the clerk of the county in which the Notary acted, and 
 in addition, it should be vised by the consular representa- 
 tive of the country into which the instrument is to be sent. 
 (See list of consuls in Index.) No consular vise is neces- 
 sary for instruments going to Canada; a county clerk's 
 certificate is sufficient. 
 
 In connection with the vise of documents going to 
 foreign countries, the writer has come across some peculiar 
 requirements by consuls. Certain consuls,' particularly 
 those representing South American republics, will refuse 
 to vise a document unless same is authenticated by the 
 county clerk of New York county. While this is reasonable 
 when the instrument is executed within the jurisdiction 
 of the New York county clerk, it becomes unreasonable 
 when the consuls insist that no matter in what part of the 
 United States a document is executed and authenticated, 
 it must, in addition, bear the authentication of the New 
 York County clerk. As each county clerk is limited in 
 his jurisdiction and cannot certify to the act of a Notary 
 when performed outside of that jurisdiction, it is mani- 
 
 20 
 
festly not within his power to authenticate an instrument 
 so taken. In cases of this kind, the following procedure 
 may be followed: Have the instrument authenticated by the 
 clerk of the county, or other official designated by the 
 law of the state; have such authenticating officer's au- 
 thority certified to by the Secretary of State of the par- 
 ticular state and then have it further certified, or authenti- 
 cated, by the Secretary of State of the United States at 
 Washington, and finally vised by the consul. 
 
 Consular representatives of Argentine, Brazil, Chili, 
 Venezuela and Uruguay, require the county clerk's per- 
 sonal signature to a certificate; and when not so signed, 
 the clerk signing the name of the county clerk must sub- 
 scribe his own name also. 
 
 EXAMINATION OF NOTARIES. 
 
 Notaries will note that Justice Putnam, in the Alfani 
 case, advocates the setting of a standard of qualifications 
 for Notaries to be fixed by the legislature. It is only a 
 question of time when such examination will be com- 
 pulsory by statute. 
 
 NOTARY PUBLIC IS A PUBLIC OFFICER. CAN- 
 NOT ACCEPT PRIVILEGES. 
 
 Every man is a public oflficer who hath any duty con- 
 cerning the public. (7 Bacon's Abr., Tomlin's Law Diet., 
 Hall vs. Wisconsin, 103 U. S. 5.) 
 
 The Notary is a public officer, and when he certifies 
 that he has done an official act, it must be presumed that 
 he has done it correctly unless some statute or rule of law 
 prescribed a particular mode, until the contrary appears. 
 (Stokes V. Acklen, Ch. App. 1893. 46 S. W. 316. Quoted 
 in Cyc. 29, p. 1069.) 
 
 A Notary, being a public officer, is prohibited by Article 
 XIII, Section S of the Constitution of the State of New 
 York, from asking directly or indirectly, or to demand, 
 
 21 
 
accept, receive or consent to receive for his own use or 
 benefit, or for the use or benefit of another, any free pass, 
 free transportation, franking privilege or discrimination in 
 passenger, telegraph or telephone rates, from any person 
 or corporation, or make use of the same himself or in con- 
 junction with another. Any corporation or officer or agent 
 thereof, who offers or promises to a Notary, any such free 
 pass, etc., shall be guilty of a misdemeanor and liable to 
 punishment except if he testifies to the giving of same. 
 (People v. Rathbone, IS N. Y. 434; People v. Wadhams, 
 176 N. Y.-9.) 
 
 NATURE OF OFFICE. JUDICIAL AND MINIS- 
 TERIAL, 
 
 There is a conflict of opinion as to whether a Notary 
 Public is a judicial or ministerial officer. But by great 
 weight of authority most of his acts are considered purely 
 ministerial. A ministerial act is one which is performed 
 upon a given state of facts, in a prescribed manner, in 
 obedience to a mandate of legal authority, without regard 
 to or exercise of his own judgment upon the propriety of 
 doing the act. The administering of an oath is purely 
 ministerial. A person requests a Notary to subscribe his 
 name as such to an affidavit. The Notary need not know 
 the affiant; he need not concern himself with the con- 
 tents of the affidavit; he need not inquire into the truth 
 or falsity of the contents; he is a public officer, and as such 
 must subscribe his name thereto if requested, provided the 
 instrument is complete. There are a number of cases on 
 record wherein it was held that a Notary, when called 
 upon, must administer an oath. (People v. Brooks, 1 Denio 
 475, Mayor v. Furze, 3 Hill 612, Gardner v. People, 62 
 N. Y. 304; Whitford v. Scott, 14 How. Pr. Rep. 304.) And 
 if he refuses he is liable to action (Clark v. Miller, 54 N. Y. 
 534,) and also may be proceeded against criminally (Penal 
 Law S 1841, 1857). 
 
 A Notary may be compelled to perform his duties, or to 
 correct some act performed by him when such act was not 
 
 22 
 
in compliance with the statute applying thereto either 
 by a writ of mandamus, or by an order oi a court of 
 record, and upon his failure to obey such mandamus or 
 order, may be adjudged in contempt punishable civilly. 
 (People V. Kempner, 49 A. D. 121; Judiciary Law, 753.) 
 
 "The doctrine that the taking of an acknowledgment is 
 ■ a judicial act, had its origin in thq consideration of 
 acknowledgments by married women, where the officer 
 is required to make a privy examination herein referred 
 to; and, as applied to such cases, the doctrine is sound." 
 (People V. Bartels, 138 111. 322, 17, N. E. 1091.) 
 
 The taking of an acknowledgment by a Notary cannot 
 be said to be purely ministerial. In fact, he is forbidden 
 by statute from taking an acknowledgment unless he 
 knows that the person making it is the person described in 
 and who executed it. (People ex. rel. Sayville vs. Kemp- 
 ner, 49 A. D. 122.) And yet by a great preponderance 
 of cases decided in New York, the taking of an acknowl- 
 edgment was held to be a ministerial act. (Alb. Co. Sav. 
 Bank v. McCarty, 149 N. Y. 182, Sayville v. Kempner, 49 
 A. D. 122, Lynch v. Livingston, 6 N. Y. 433.) This ques- 
 tion has never been finally settled in this state. The latest 
 case, Rhodes v. Franz, the Appellate Division of the Su- 
 preme Court, 1st Department, held that the Notary was 
 liable for damages sustained by the plaintiflf through the 
 Notary's neglect in taking the acknowledgment of a per- 
 son whom he did not know. Many states in the Union 
 hold the office of Notary Public to be a judicial one (New 
 Jersey, Virginia, California, North Carolina, Texas.) 
 
 In this state, under Section 305 of the Real Property 
 Law, a Notary is vested with judicial power, as under its 
 provisions he has power to commit a person to prison 
 if he refuses or neglects without reasonable cause to at- 
 tend before him in answer to a subpoena issued by the 
 Notary and to testify concerning the execution of a con- 
 veyance. Certain of hisi acts under Insurance Law may 
 also be classed as judicial. There is no question that when 
 a Notary is designated to take a deposition he is acting 
 in a judicial capacity. 
 
 23 
 
DRAWING OF LEGAL PAPERS AND DOCU- 
 MENTS. 
 
 Section 270 of the Penal Law makes it a misdemeanor 
 for any person to practice as an attorney-at-law or to 
 represent himself as being entitled to practice law, in any 
 manner. Therefore, to prepare, as a business, legal instru- 
 ments and contracts, or any document, writing or instrument, 
 by or under which, legal rights are secured, is a violation of 
 the law. 
 
 This interpretation of the Penal Law is based upon the 
 case of The People of the State of New York v. Henry 
 Alfani, decided by the Court of Appeals, December 9, 
 1919. 
 
 One Henry Alfani was convicted by the Special Sessions 
 Court of the City of New York, Borough of Brooklyn, of 
 violating Section 270 of the Penal Law. Upon appeal, the 
 following opinion, reversing the conviction, was written by 
 Justice Putnam, Appellate Division, Second Department: 
 
 Putnam, J. — The office of notary seems as old as Roman 
 notes of legal proceedings. Notaries were early employed 
 in drawing up deeds, contracts and other documents 
 (Brooke, "The Office and Practice of a Notary in England," 
 p. 3). A notary public in England may prepare deeds, 
 agreements, wills and codicils relating to real and per- 
 sonal property in England, also deeds and other documents 
 to take effect in British dominions beyond the seas and 
 in foreign countries, to conform to the law of the place 
 where such deed is to operate; also to verify, authenticate 
 and attest by his official seal the execution of deeds or 
 other documents, contracts and powers of attorney; to pre- 
 pare charter parties, bottomry bonds and average agree- 
 ments and other mercantile documents (Halsbury's Laws 
 of England, vol. 21, sec. 817; King v. Scriveners Co., 10 
 B. & C, Sll, .S19). On the Continent a notary public may 
 not only prepare mercantile papers, but also contracts and 
 conveyances. His notarial copies prove themselves in 
 contested proceedings (Goirand, French Commercial Law, 
 
 24 
 
pp. 9, 10, 19; Todd, Belgian Law, with Codes of Com- 
 merce and Procedure, p. 11). A notarial will is where the 
 testator's intentions are written down by the notary and 
 then signed by the testator in the presence of the notary 
 and witnesses (French Code Civil, arts. 971, 972). In the 
 State of New York his powers are not defined. Besides 
 his duties as to commercial paper, there is a general ref- 
 erence to his recognized i-nternational powers. The statute 
 gives authority "to exercise such powers and duties as by 
 the laws of nations and according to commercial usage, or 
 the laws of any other government, state or country, may 
 be performed by notaries" (Executive Law, Consol. Laws, 
 chap. 18, sec. 105). 
 
 The general provisions of the Penal Law cannot be fairly 
 construed to punish a notary public for preparing an in- 
 strument like a bill of sale, will or mortgage. Prior causes 
 in this department have had to do with corporations en- 
 gaging in legal affairs and amenable to Penal Law (sec. 
 280). Here the defending notary has been drawing up for 
 pay ordinary conveyances, mortgages, bills of sale and 
 even wills for charges similar in amount to those customary 
 by notaries. 
 
 Section 270 of the Penal Law comes from older statutes 
 that are intended to protect the Bar. It refers primarily 
 to appearing in courts of record and to such appearance in 
 courts not of record in New York City. Practicing in a 
 Justice's Court (outside of the City of New York) is not 
 thereby forbidden. 
 
 The statute prohibits 1. Making a business to solicit 
 employment for a lawyer. 2. Making a business to furnish 
 attorneys or counsel to render legal services. 3. Holding 
 one's self out to the public as being entitled to practice 
 law, 'as aforesaid. 4. In any manner to assume to be an at- 
 torney or counselor at law, or equivalent terms in any language, 
 to confer the impression that he is a legal practitioner. S, 
 Advertising that he conducts a law ofifice or ofifice of any 
 kind for the practice of law. 
 
 25 
 
The enumerated expressions used are subject to the rule of 
 ejtisdem generis, and relate to practice connected with court 
 or legal proceedings. Alfani's acts are those of a notary 
 public or a conveyancer. 
 
 The office of commissioner of deeds in this city is not 
 conferred on applicants without the special qualification 
 shown by a legal clerkship, or other certificate of com- 
 petency (City Charter, sec. 58). If the public need pro- 
 tection against unprofessional conveyancers or notaries 
 the Legislature can readily set up a standard of like quali- 
 fications for notaries. Here is the real direction for a 
 reform, rather than along the line that such notaries when 
 drawing papers are engaged in the "practice of law.'' 
 
 I recommend to reverse this conviction and to discharge 
 the defendant. 
 
 All concurred, except Jaycox, J., who voted for affirmance. 
 (186 App. Div. 468.) 
 
 Upon appeal by the People to the Court of Appeals, 
 (227 N. Y. 334), the following opinion in part, reversing 
 the judgment of the Appellate Division and affirming that 
 of the Special Sessions, was written by Justice Crane: 
 
 1. The practice of law is not limited to the conduct 
 of cases in court. It embraces the preparation of plead- 
 ings and other papers incident to actions and special pro- 
 ceedings andthe management of such actions and proceed- 
 ings on behalf of clients before judges and courts and in 
 addition conveyancing, the preparation of legal instru- 
 ments of all kinds, and in general all advice to clients and 
 all action taken from them in matters connected with the 
 law. An attorney at law is one who engages in any of 
 these branches of the practice of law. 
 
 2. Under the statute (Penal Law, Section 270) it is a 
 misdemeanor for any person to practice as an attorney at 
 law or to represent himself as being entitled to practice 
 law, in any manner, without having first been duly and 
 regularly licensed and admitted to practice law in the 
 courts of record of this state; and practicing as an at- 
 
 26 
 
torney at law either in or out of court or holding oneself 
 out as entitled to practice is the offense. Therefore, to 
 prepare, as a business, legal instruments and contracts 
 by which legal rights are secured and to hold oneself 
 out as entitled to draw and prepare such, as a business, 
 is a violation of the law. 
 
 3. Where defendant, who is not an attorney-at-law, 
 had an office in which he carried on a real estate and 
 insurance business, and also, distinct from such work, drew 
 legal papers, contracts for real estate, deeds, mortgages, 
 bills of sale and wills and displayed in his window a sign 
 bearing the words "Notary Public — Redaction of all legal 
 papers", which defendant explained meant the drawing of 
 legal papers, he was holding himself out to the public as 
 being in the business of drawing papers and legal instru- 
 ments for hire, and where in pursuance of such business 
 he drew a bill of sale and chattel mortgage for a person 
 and gave advice as to filing of same, for which services he 
 charged and received as fee, defendant was practicing law 
 without a license in violation of Section 270 of the statute. 
 People V. Alfani, 186 App. Div. 468, reversed. 
 
 NOTARIES MAY FILL OUT CERTAIN LEGAL IN- 
 STRUMENTS, BUT CANNOT MAKE IT A 
 BUSINESS. 
 
 Notaries will note that the foregoing decision deals with 
 a Notary who held himself out as one who drew legal 
 documents and gave advice of a legal nature, and made a 
 business of it. "To practice or to represent as being en- 
 titled to practice law in any manner is prohibited to those 
 not lawyers" (People v. Alfani). But there is nothing to 
 prevent a layman from executing a "simple instrument as 
 instructed by his customer and not involving or predicated 
 upon any legal advice then given." (People v. Title G. 
 & T. Co. 227 N. Y. 366.) What is a "simple instrument"? 
 The Court names two, a bill of sale and a chattel mort- 
 gage. The Court of Appeals, in the Title Guarantee and 
 Trust Company case says, in part: 
 
 27 
 
" On the other hand no convincing reason is sug- 
 gested why a corporation should be punished for per- 
 forming an act which because of simplicity and lack of 
 confidential character it has not been thought necessary 
 to confide to the exclusive care of attorneys, but which 
 
 may be performed by a layman. it seems that the 
 
 best and controlling test by which to determine whether 
 the given acts constituted practice of law or rendition of 
 legal services is by the answer to be given to the under- 
 lying inquiry whether such acts were the ones which had 
 been committed to the exclusive charge of attorneys or 
 
 were those which might be performed by a layman. 
 
 That might be a matter of habit or convenience. The 
 inquiry is rather whether it is one which might lawfully 
 be performed by a layman. This is to be decided by the 
 nature of the act and not by the identity of the individual 
 who most frequently performs it. 
 
 "But I think there is a stronger argument in favor of 
 the contention that a layman at the time of these oc- 
 currences was permitted to draw such simple instruments* 
 as those here involved were without being subject to 
 criminal punishment. 
 
 "We may take judicial notice of a widespread custom 
 which has prevailed from time out of memory in this 
 state, and doing so we know that laymen have been ac- 
 customed to draw such instruments, not merely as a mattei 
 of accommodation for friends and neighbors, but also for 
 pay. It probably would not be too much to say that in 
 many rural communities more were drawn by laymen 
 than by attorneys and of course if it was lawful for s 
 layman to €raw such an instrument in such a community 
 it was also lawful in a more urban one. While the legis- 
 lature might differentiate those conditions, we could not. 
 Moreover such practice has not been confined to such 
 communities. We know that in cities constantly men 
 engaged in the real estate business and banks have pre- 
 
 * Bill of Sale and Chattel Mortgage. 
 
 2N 
 
pared for their customers such instruments without doubt 
 or criticism. 
 
 "The legislature when it enacted not only section 280 
 of the Penal Law, — but also section 270 relating to the 
 ■practice of law by an individual without being admitted 
 and registered, was charged with the same knowledge of 
 prevailing customs and practices with which we are charge- 
 able. Its members knew, oftentimes doubtless by practical 
 and personal observation and experience, that laymen 
 throughout the state were rendering such services as are 
 here involved. Not only by practice and custom but by 
 inherent privilege they had the right to do this unless 
 forbidden by statute and if the legislature intended to 
 prohibit a widespread practice and establish a new rule 
 it was its duty to say so clearly and unmistakably in the 
 statute relating to the practice of law and rendition of legal 
 services by individuals. It did not say so and in my 
 opinion there is not to be found in that section of the 
 statute relating to the practice of law and rendition of legal 
 services by individuals. 
 
 "We think — that an individual who is not admitted to 
 practice must not assume the character of an attorney-at- 
 law. He is forbidden to practice or appear 'as an attorney 
 at law or as an attorney and counselor-at-law' or to make 
 it a business to practice 'as an attorney at law or an at- 
 torney and counselor at law' or to hold himself out to 
 the public as being entitled 'to practice law as aforesaid or 
 in any other .manner' or 'to assume to be an attorney or 
 counselor-at-law.' But there is nothing which can fairly be 
 regarded as indicating an intention to abolish an existing 
 and widespread practice and to prevent a layman as such 
 and without any simulation of or pretense to the character 
 of an attorney from drawing a simple instrument as in- 
 structed by his customer and not involving or predicated 
 upon any legal advice then given. 
 
 "If it is unlawful to fill out the blank form for a chattel 
 mortgage or bill of sale, it would be equally so to pre- 
 
 29 
 
pare various other simple instruments which are now 
 prepared by laymen and banks and it would be necessary 
 to undergo the trouble and expense of summoning an 
 attorney to perform actsi which really do not require 
 
 his services. if the legislature intended to command 
 
 this change in the transaction of ordinary business it 
 
 should have said so clearly. and the legislature has 
 
 not fairly indicated an intent to change existing con- 
 ditions." 
 
 INCOMPLETE INSTRUMENTS. NOT TO BE 
 SIGNED BY NOTARIES. 
 
 A notary should never sign his name to an instrument 
 which is incomplete. If an instrument is presented for 
 authentication it must be complete. (See Method of Tak- 
 ing Acknowledgments.) The writer brought this question 
 to the attention of the Attorney General of the state (1911). 
 In an opinion addressed to the County Clerk of New York 
 County the following was rendered: 
 
 "Under our law the notary public is not required to 
 examine into the substance of a document presented to him 
 for certification of the genuineness of the signature. He 
 must have information coming from some other source 
 than the person presenting the document, that he is the 
 person named, and where the paper is not signed in his 
 presence he must have also the assertion of the person 
 signing that the document was in fact exeeuted by him. 
 He is not required to certify to the form of the paper or 
 to its substance, but there must be a document executed 
 before he can certify that the person named acknowledged 
 the execution of the instrument. It would be exceedingly 
 improper for a notary to certify to the signature of a 
 blank sheet of paper bearing no other writing than the 
 signature, and the reason which makes it improper for him 
 to certify to the execution of a blank sheet is that such 
 sheet is not an instrument. This reason applies to every 
 
 30 
 
case in which an obviously incomplete paper is presented 
 to him for certification, and I am therefore of the opinion 
 that he should not certify to anything that is apparently 
 not a complete instrument. Our practice, which is much 
 less exacting- than that of the countries from which the 
 name of notary is borrowed, does not require the officer 
 to read the document or to understand or approve its con- 
 tents, and if there should be in the body of the document 
 an omission which was not apparent at a glance it would 
 be difficult to hold the notary responsible. An obvious 
 and unquestionable incompleteness in the paper, however, 
 should require him (the County Clerk) to refuse to give 
 his certificate, and as the paper in question contains such 
 an omission, it was improperly certified by the notary 
 as having been acknowledged before him." 
 
 FOREIGN POWERS OF ATTORNEY. PATENT 
 CASES. 
 
 The writer, in his official capacity as Notarial Clerk 
 in the County Clerk's office, has refused to attach the 
 regular form of county clerk's certificate to powers of 
 attorney in patent cases and executed in blank. It seems 
 to be an~ established custom among patent attorneys to 
 have the applicant sign a blank power of attorney, often 
 printed in a foreign language, showing neither date nor 
 venue, simply the name of the applicant and the signature 
 of the notary. As such paper is not complete (See At- 
 torney General's Opinion) it cannot be called an "In- 
 strument," and cannot be certified by the Couty Clerk as 
 having been duly acknowledged. To such instruments a 
 special form of certificate is attached which, instead of 
 the usual form, simply sets out that there appears upon 
 the records of the County Clerk one John Smilh, or what- 
 ever name appears on the power, was a Notary Public 
 for New York County, and that his term commenced on 
 such and such date and ended, or will end, on such and 
 
 31 
 
such date, and that the signature is the signature of such 
 a notary. While these forms are accepted by foreign 
 consuls, they are worthless in any court of record or re- 
 cording office in the United States. 
 
 INSTRUMENTS 11^ FOREIGN LANGUAGES. 
 
 Notaries and Commissioners should proceed with the 
 utmost caution in attesting instruments, particularly gen- 
 eral powers "of attorney, for use in foreign countries. 
 They should withhold certification unless satisfied beyond 
 a reasonable doubt of the identity of the person executing 
 such an instrument. Foreign governments place great 
 credence in the acts of a notary, and when the instru- 
 ment is sigped by a notary and is certified by the county 
 clerk, and then vised by the consular representative, it is 
 accepted by the foreign government without further ques- 
 tion as to its authenticity or genuineness. Therefore, it 
 is of utmost importance that notaries and commissioners 
 make certain that the instrument is in proper form and 
 the party or parties thereto bona fide, before attempting to 
 certify such instruments. The safest way is to refer those 
 who desire certification to a paper in a foreign language, 
 to the consular representative of the country into which 
 the paper is to be sent. The consuls usually have notaries 
 in their offices who are thoroughly familiar with the forms 
 and language. 
 
 CASES IN WHICH COUNTY CLERK'S CERTIFI- 
 CATE IS REFUSED. 
 
 While it has been held by the courts that certifying to 
 the signature of a notary or commissioner of deeds is 
 purely a ministerial act on the part of a county clerk 
 (Lynch v. Livingston, 6 N. Y. 422; Gibson v. Nat'l Park 
 Bank, 98 N. Y. 96), it cannot be successfully maintained 
 that a county clerk must attach his certificate to an instru- 
 
 32 
 
ment which lacks any of the essentials to make it a 
 complete instrument. (See Attorney General's opinion.) 
 These essentials, in the opinion of the writer, should 
 consist of: 
 
 1. Completeness of instrument. 
 
 2. Signature of parties to instrument. 
 
 3. Date of acknowledgment. 
 
 4. Venue. 
 
 5. Signature of the officer. 
 
 And the reasons that prompt the writer in making this 
 assertion is that if the county clerk did not exercise judg- 
 ment in certifications, and did not insist upon the observ- 
 ance of the general custom of executing instruments as 
 practiced by representative members of the bar, that his 
 certification would be a mockery of law and worthless upon 
 the face of it. If certifications were made the county clerk 
 upon the theory that it is none of his business how, when 
 or where an instrument is executed, or how it is signed, 
 whether by hand, or a rubber stamp or print, then why 
 the necessity for certification at all by the county clerk? 
 We might as well do away with certifications by the county 
 clerk and let each notary or commissioner be his own 
 judge of the propriety of his act. The Real Property Law 
 prescribes the form of certificate a county clerk should 
 
 attach to an instrument. It sets forth that " John Smith, 
 
 before whom the annexed instrument was sworn to or 
 acknowledged, was at the time of taking the same, duly quali- 
 fied- — and that I am well acquainted with the handwriting of 
 said Notary — and verily believe that such signature — is genu- 
 ine.'' Therefore, the county clerk, in order to certify, must 
 have before him an instrument ; must be shown on the in- 
 strument the time (date) when it was taken ; must be shown 
 that the notary was qualified to act in the county (Venue) ; 
 and the signature is genuine ; and if the acknowledgment is 
 not in statutory form he cannot certify that there is an ''ac- 
 knowledgment." 
 
 32, 
 
Certification will also be refused by a county clerk when 
 the venue of the instrument is other than the one in which 
 the county clerk has jurisdiction. The fact that the 
 notary has a certificate on file in the county in which the 
 acknowledgment, or affidavit was taken, has nothing to do 
 with the matter. Just as the district attorney is power- 
 less to act in a case where the alleged crime was com- 
 mitted outside of the county for which he was elected, 
 although the perpetrator may be resident of the same 
 county in which the district attorney acts, so is the county 
 clerk powerless to authenticate an act of a notary when 
 such act was committed outside of the county for which 
 the county clerk was elected and is acting. 
 
 LIABILITIES. CIVIL. 
 
 As a Notary holds himself out to the world as a person 
 competent to perform the business connected with his 
 office, and that by accepting the office he contracts with 
 those who employ him the general duty of integrity, dili- 
 gence and skill, it is the Notary's duty to inform himsell 
 of the facts which he intends to certify, and not rely on 
 hearsay. It follows, therefore, that he should not per- 
 form his duties in a perfunctory manner. Too many 
 notaries fall into this illusionary idea of their duties, with 
 the result that they lay themselves liable to a suit at law 
 for loss or damage sustained by their clients through such 
 improper conception. A Notary should make himself thor- 
 oughly familiar with the purport, meaning and contents 
 of every instrument he certifies. He should be more than 
 an animated rubber stamp; he should, or ought to be able 
 to see to it that the instrument is complete in every par- 
 ticular, that the venue, date, signature, names, etc., are 
 correct in the smallest detail. By doing so, he is less apt 
 to lay himself open to censure, loss of clientele and gen- 
 eral distrust. The plea that he did not understand the 
 matter properly, or did not know the nature of the in- 
 strument, might not avail him in a law suit, for Section 
 
 34 
 
24, Penal Law, provides: "A Notary by virtue of his of- 
 fice and of the powers vested in him by law, assumes cer- 
 tain responsibilities which, if he does not carry out by 
 reason of dishonesty, lack of diligence or want of skill, 
 and his client, whether a resident of New York or not, is 
 thereby injured, he is liable to damages.'' The measure 
 of damage is the loss sustained by the Notary's wrongful 
 act or omission. (Cyc. 29, p. IIOS.) 
 
 Executive Law, Section lOS. If a Notary is guilty of 
 any misconduct in the performance of his duties, he is 
 liable to the parties injured for all damages sustained by 
 them. (Lesser v. Wunder, 34 N. Y. 390; 4 Hill 630; Hem- 
 ley V. Mayor, S Bing. 91; Robinson v. Chamberlain, 34 
 N. Y. 389; Adsit v. Brady, 4 Hill 632. See also, Rhodes v. 
 Franz, (-1916) 173 A. D. 744.) 
 
 LIABILITIES. CRIMINAL. 
 PENAL LAW PROVISIONS. 
 
 Sections 1820, 1820a, 931, 183S. A Notary who knowing- 
 ly makes and delivers ^s true a certificate in writing 
 containing a statement which he knows to be false in a 
 case where the punishment thereof is not provided by 
 law, is guilty of a misdemeanor. A Notary who wilfully 
 omits to perform his duties as a public officer is guilty 
 of a misdemeanor. 
 
 Section 885. A Notary who wilfully certifies falsely 
 that the execution of an instrument which by law may 
 be recorded was acknowledged by any party thereto, 
 or that the execution of any such instrument was proved, 
 is guilty or forgery in the first degree. 
 
 Section 811. A Notary who fraudulently makes or pre- 
 pares any false record with intent to produce it, or al- 
 low it to be produced in evidence, as genuine, upon any 
 trial authorized by law is guilty of a felony. 
 
 Section 8S5. A Notary who asks, or receives, or agrees 
 to receive, a fee or other compensation greater than the 
 statutory fee, commits extortion, and is guilty of a mis- 
 demeanor. 
 
 35 
 
Section 1826 makes it a felony punishable by imprison- 
 ment for not more than ten years or by a fine of not 
 more than, four thousand dollars, or both, for a Notary 
 to receive any fee or reward, "for doing or omitting to 
 do any official act. . ." 
 
 Sections 887, 888. A person who forges the seal of 
 a Notary, the record of a will or conveyance, an entry 
 in the records of a Notary, is guilty of forgery in the 
 second degree and punisable by imprisonment for a 
 term not exceeding ten years. 
 
 See also Penal Law, Sections 35, 854, 1838, 1830, 270, 
 132, 1833, 1834. 
 
 Article XIII, Section 5 of the Constitution of the State 
 of New York, makes it a misdemeanor for a Notary to 
 accept a free pass, free transportation, franking or other 
 privilege, from any person or corporation, whether for 
 his own use or benefit, or the use or benefit of another. 
 
 MISCELLANEOUS PROVISIONS. 
 
 The Penal Law, Sections 1824, 1825, 1851, makes it a 
 misdemeanor for any person to resist, obstruct or deter 
 a Notary from performing his official duties. 
 
 Any person who shall attempt to intimidate a Notary 
 in the discharge of his duties, is guilty of a misdemeanor. 
 (Penal Law, 860). 
 
 Any person who mutilates or destroys the records of 
 a notary is guilty of a felony and may be imprisoned 
 for not more than five years, or by a fine of not more 
 than five hundred dollars, orf by both. (Penal Law, 
 2050). 
 
 Any person who shall offer or promise a bribe to 
 a Notary, if it shall be received, is guilty of a felony. 
 (Art. XIII, Sec. 3, Const, of N. Y.) 
 
 Any person who forges the seal of a Notary, or any 
 records of a Notary, is guilty of forgery in the second 
 degree and is punishable by imprisonment for a term not 
 exceeding ten years. (Penal Law, 887, 888.) 
 
 36 
 
SUNDAY. 
 
 Whether a Notary Public or Commissioner of Deeds 
 may administer an oath or take an acknowlegment on 
 Sunday has never been decided in New York. All cases 
 bearing on this point seem to point that it is not illegal 
 to do so. However, the taking of a deposition on Sun- 
 day, wherein the Notary or Commissioner acts as a 
 Judicial Officer, may not be taken on a Sunday. (21 Am. 
 & Eng. Encyc. Law.) 
 
 FEES. COMPENSATION. WITHIN NEW YORK 
 STATE. 
 
 In this sta-te, the fees of Notaries are fixed by statute, 
 and their charges for official services must be limited 
 to the prescribed fees. (3298 Code of Civil Proc.) 
 
 A Notary who asks, or receives, or agrees to receive, 
 a fee or other compensation greater than the statutory 
 fee, commits extortion, and is guilty of a misdemeanor. 
 (Penal Law, Section 855.) 
 
 For administering an oath or affirmation, and certi- 
 fying to same when required, except where an- 
 other fee is specifically prescribed by statute...? .12 
 For taking and certifying the acknowledgment or 
 proof of the execution of a written instrument; 
 
 by one person 25 
 
 and by each additional person 12 
 
 for swearing each witness thereto 06 
 
 For making one oi* more transcripts from records 
 
 in his office, for each folio 08 
 
 For making certificate of search 25 
 
 For nonacceptance of any bill of exchange, check or 
 drafts, and giving the requisite notice and certi- 
 ficates of such protest, including seal, no greater 
 
 fee or reward than 75 
 
 for each protest, and for each notice but not ex- 
 ceeding five, on any bill or note 10 
 
 37 
 
Depositions. The law does not prescribe a specific 
 charge, but provides for "Reasonable" compensation to- 
 gether with reasonable and necessary expenses, including 
 actual travel expenses. (Code of C. P. 3256. Reichel 
 V. N. Y. C. R. R., 29 N. Y. St. Rep. 841.) 
 
 Filling in "Legal Documents", etc. There is no fixed 
 charge. The charge should be based upon reason, tak- 
 ing into consideration time, expense and efiort. 
 
 Public Officers Law, Section 69, provides for the ad- 
 ministering by a Notary, without fee, the oath of office to 
 a member of the Legislature, to any military officer, to 
 an inspector of elections, clerk of the^ poll, or any town 
 officer. 
 Taking deposition for use in a Justice of the Peace 
 
 court and returning testimony $1.00 
 
 For each oath administered in taking such deposition .06 
 
 Expense of serving each subpoena 25 
 
 For postage for sending and returning commission.. 1.00 
 
 OUTSIDE OF NEW YORK STATE. UNDER LAWS 
 OF NEW YORK. 
 
 Commissioners of Deeds appointed for another state, 
 territory or dependency, a fee not exceeding four times 
 the amount allowed by the laws of such state, territory 
 or dependency for like services, but not to exceed one 
 dollar for taking the proof or acknowlegment of a writ- 
 ten instrument, or administering an oath. (Executive 
 Law, Sec. 109.) 
 
 Commissioners of Deeds appointed for Great 
 Britain or Ireland, for administering an 
 
 oath 1 s. 
 
 For taking the proof or acknowlegment of a 
 written instrument or for certifying to the 
 existence or correctness of a copy of a 
 
 patent, record or document 4 s. 
 
 Commissioner of Deeds appointed for France 
 or any other foreign country, for admin- 
 istering an oath 25 centimes 
 
 38 
 
For taking the proof or acknowledgment or a 
 written instrument or for certifying to the 
 existence or correctness of a copy of a 
 patent, record or document 5 francs 
 
 UNDER FEDERAL STATUTES. 
 
 For administering an affidavit $ .25 
 
 For administering an oath 10 
 
 When Notary is an Officer, Clerk, or employee of 
 any Executive department of the United States, 
 he ^cannot charge a fee for administering an 
 oath to any employee of such department upon 
 appointment or promotion 00 
 
 Taking and certifying depositions to file in civil 
 
 cases, for each folio 10 
 
 For each copy of same furnished to a party on re- 
 quest, for each folio 10 
 
 Acting under the homestead, preemption, timber cul- 
 ture, desert land, and timber and stone acts 00 
 
 Taking a deposition of claimant or witness, when not 
 
 prepared by Officer 25 
 
 Taking a deposition of claimant or witness, when 
 
 prepared by Officer 1.00 
 
 For taking depositions to be used before registers 
 and receivers of the land office, the fees shall be 
 the same as those allowed in state courts. 
 
 FEES. GENERALLY. MAY COLLECT FOR SER- 
 VICES RENDERED. 
 
 A Notary may demand his fee in advance. (Public 
 Officers Law, S. 67.) 
 
 A Notary who is employed in a public or private 
 office and performs in addition to his duties in such 
 office, the taking of acknowledgments and the admin- 
 istering of oaths, etc., for the use and convenience of 
 
 39 
 
such office, may recover his legal fees therefor. (Merz- 
 bach V. Mayor, (1894) 163 N. Y. 16. Last case, Book- 
 man V. City of N. Y. 200 N. Y. 53.) 
 
 Section 3298 of the Code of Civil Procedure provides 
 for the right of a Notary to collect for his services in 
 an official capacity, whether he is engaged in a public 
 office or not, provided he makes proper demand. Since 
 the Bookman case city authorities insist upon a release 
 from every employee acting as a Notary and for the 
 benefit of the city. 
 
 DISABLING INTEREST. DISQUALIFICATIONS. 
 
 It is a generally accepted rule that the Notary cannot 
 certify to or act in an official capacity in a matter 
 in which he has a personal or beneficial interest. "The 
 husband of the grantee may take the acknowledgment, 
 unless he have beneficial interest in the conveyance. But 
 it has been held that while such acknowledgment is 
 not per se void, yet it is open to attack and the court 
 will lend a ready ear to evidence of undue advantage, 
 fraud, or oppression arising out of such relationship." 
 (Cyc. 1, p. SS6.) A Nebraska judge in the case of Hor- 
 bach V. Tyrell said: "No general rule can be laid down 
 as to what interest will disqualify a Notary from act- 
 ing, but the question depends upon the acts and cir- 
 cumstances of the case in which the question is pre- 
 sented." In a number of cases decided in Alabama, 
 Arkansas, Iowa, Michigan, Mississippi, Texas, Virginia, 
 and Canada, it was held that the Notary in taking the 
 acknowledgment of a deed, mortgage, or other instru- 
 ment to which he was a party, invalidated such instru- 
 ment. In the New York case of Remington Paper Co. 
 v. O'Dougherty (81 N. Y. 474, 1880) it was held that 
 "Taking the acknowledgment of a deed is not a judicial 
 act and an officer is not disqualified by his relation- 
 ship to the parties from taking the acknowledgment of 
 a deed to his wife from his father." In the case of 
 
 40 
 
Armstrong v. Coombs (15 App. Div. 246, 44 N. Y. Supp. 
 171, 1897) it was held that "An assignment of a bond 
 and mortgage, acknowledged before one of the assignees, 
 as a Notary Public, is a nullity." In other cases it was 
 held that because the Notary was an interested party 
 in protesting a commercial paper, it did not disqualify 
 him from protesting same in his official capacity. In 
 view of these conflicting opinions and in order to avoid 
 possible litigation, it is advisable that the Notary refrain, 
 if at all possible, from acting in an official capacity in a 
 matter in which he has a beneficial or personal interest. 
 
 Under Section 314 of the Real Property Law, a notary 
 cannot take the proof of the execution of a conveyance 
 when the witnesses thereto are dead, and when it is nec- 
 essary to prove a conveyance by proving the death of the 
 witnesses and the handwriting of the grantor and witnesses. 
 
 Section 80 of the Public Officers Law, as interpreted in 
 the case of McGrOgy v. Henderson, (43 Hun. 438) prevents 
 a notary or commissioner of deeds from taking the affi- 
 davit of a person that he has turned over to the incumbent 
 of the office all books and papers belonging to the office. 
 
 Domestic Relations Law, SS. 10 and 11, provide that 
 a marriage contract cannot be acknowledged by the 
 parties thereto except by a judge of a court of record. 
 
 Neither a Commissioner of Deeds nor a notary public 
 may perform a marriage ceremony in this state. 
 
 The following should be particularly noted by Notaries 
 acting for banks and corporations. 
 
 CONFLICTING INTEREST. 
 
 In New York. While a Notary, who is stockholder, 
 director, officer or employee of bank or other corporation may 
 take the acknowledgment of any party to a written in- 
 strument executed to or by such corporation, or admin- 
 ister an oath to any stockholder, director, officer, employee, 
 etc., or protest for non-acceptance or non-payment, bills 
 of exchange, drafts, etc., he is PROHIBITED from taking 
 
 41 
 
the acknowledgment of an instrument by or to a bank 
 or other corporation of which he is a stockholder, director, 
 officer or employee, if such Notary be a party executing 
 such instrument, either individually or as representative 
 of such corporation, or protest any negotiable instrument 
 owned or held for collection by such corporation,' if such 
 Notary be individually a party to such instrument. (§105a, 
 Ex. Law.) 
 
 The writer would advise Notaries acting for banks and 
 corporations to add after their official title "I am not 
 a party to th'e foregoing instrument, either individually 
 or as representative of either party thereto.'' 
 
 In Pennsylvania it is provided by statute that no per- 
 son who is stockholder, director, cashier, teller, clerk or 
 other officer in any bank or banking institution, or in the 
 employment thereof, shall at the same time hold, exercise 
 or enjoy the office of Notary Public. 
 
 In Indiana no officer in any bank, corporation or as- 
 sociation possessed of banking power can be a Notary 
 Public. 
 
 OFFICIAL SEAL. 
 
 The importance of having an official seal cannot be too 
 strongly emphasized. Whereas the laws of New York 
 do not require Notaries to have an "official seal," never- 
 theless, we come across passages in the law which refer 
 to the Notary's "official seal." Under the U. S. Pension 
 Acts, Notaries must attach their seals to all pension papers. 
 In lieu of seal, a certificate of the county clerk must be 
 filed with the pension bureau showing date of appoint- 
 ment and date of expiration of term. As a general rule, 
 all U. S. matters. Federal Courts, Internal Revenue, Pat- 
 ent Office, etc., must have seals attached. Papers for 
 foreign countries must have seal attached. In some states 
 the seal of the Notary must be affixed; therefore. Notaries 
 in attesting instruments to be filed or recorded in another 
 state should invariably attach their seals thereto. It has 
 
 42 
 
been held that the purpose of the seal is to authenticate the 
 document to which it is affixed and to be priina facie evidence 
 of the Notary's official character. In a number of states, 
 when Notary's seal is affixed to an instrument no authenti- 
 cation by the county clerk is necessary. The seal should 
 contain not merely the words "Notary Public," but the 
 name of the Notary and county as well. The name on 
 the seal should, or ought to be., spelled, exactly as the 
 Notary signs it. For example: John Joseph Doe is a 
 Notary PubHc for New York County, and signs his name 
 "Jno. Jos. Doe." His seal should read: Jno. Jos. Doe, 
 Notary Public, New York County. The use of the coat 
 of arms of New' York State on a seal of a Notary is a 
 debatable question; and in the absence of a specific law 
 authorizing its use, the writer would advise against the 
 use of such seal. 
 
 RECORDS TO BE KEPT BY NOTARIES. 
 
 It is advisable for Notaries to keep a record of their 
 official acts with such particulars as they may deem proper, 
 and records so kept may be used to refresh the memroy 
 of the Notary when he testifies as a witness. (Lind v. 
 Bell, 6 Wheat. (US) 5 L. ed. 216.) 
 
 OFFICIAL TITLES. 
 
 A Notary should subscribe his full title after his sig- 
 nature. Simply "Notary Public" will not do. The follow- 
 ing are proper forms: 
 
 Notary appointed for New York County: 
 
 Signature 
 
 Notary Public, New York County. 
 
 County Clerk's No Register's No 
 
 Term expires March 30, 19 
 
 Notary having certificate filed in New York County: 
 
 Signature 
 
 Notary Public, Bronx County. 
 
 43 
 
County Clerk's No Register's No 
 
 Certificate filed in New York County, 
 
 County Clerk's No Register's No 
 
 Term expires March 30, 19 
 
 Rubber stamps are preferable. They should be made as 
 small as possible consistent with legibility. 
 
 4i 
 
COMMISSIONER OF DEEDS OF THE CITY OF 
 NEW YORK 
 
 ELIGIBILITY AND QUALIFICATIONS. 
 
 Any person, male or female, except a Public Officer, 
 over the age of twenty-one years, who is a citizen of the 
 United States, and a legal resident of the City of New 
 York. 
 
 APPLICATION BLANKS. 
 
 May be had at any time by addressing the City Clerk, 
 Municipal Building, Borough of Manhattan. The follow- 
 ing is the form: 
 (This blank must be filled in the handwriting of applicant.) 
 
 APPLICATION FOR THE OFFICE OF 
 COMMISSIONER OF DEEDS 
 
 Residence: Borough 
 
 Street and Number 
 
 Full Name in Roman Letters 
 
 Name of applicant in full 
 
 Occupation 
 
 With or of the firm of 
 
 Business 
 
 Business address 
 
 Age When and where born . 
 
 If naturalized, when and where 
 
 Are you admitted to the Bar? 
 
 45 
 
If so, when and where 
 
 Are you associated with any lawyer or firm of lawyers?.. 
 
 If so, with whom 
 
 Are you now, or have you heretofore been, a Commissioner 
 
 of Deeds, or a Notary Public? 
 
 Was appointment as a Commissioner of Deeds, or a No- 
 tary Public, ever denied to you, or ever revoked? 
 
 If so, state full particulars 
 
 State of New York, County of , ss : 
 
 The undersigned, who is an applicant for the office of 
 Commissioner of Deeds, having been duly sworn, says that 
 he is a citizen of the United States, a resident of the State 
 of New York, and over the age of twenty-one years, and 
 that all the statements contained in the foregoing appli- 
 cation are true. 
 
 (Signature of Applicant) 
 
 Subscribed and sworn to before me this 
 
 day of , 19.., by the applicant herein, and 
 
 who is to me personally known. 
 
 Commissioner of Deeds. 
 
 RECOMMENDATIONS 
 
 (Names of persons recommending appointments must be 
 signed personally by them, with occupation and address.) 
 
 We have known the candidate 
 
 named herein for appointment to the office of Commis- 
 sioner of Deeds, for ( ) ( ) years and we know 
 
 the applicant to be of good moral character, qualified to 
 perform the duties of Commissioner of Deeds, and we be- 
 lieve that the facts stated, in the affidavit as stated above 
 are true. 
 
 Name Name 
 
 Residence Residence 
 
 Business Business 
 
 Business Address Business Address 
 
 Endorsed by Alderman , 
 
 Dist., Borough of 
 
 46 
 
Blank, when filled out, should be sworn to before a 
 Notary Public or Commissioner of Deeds, and also signed 
 by two persons of good character and standing in the 
 community, who vouch for the applicant's moral char- 
 acter and fitness for the duties of the office. Applicants 
 who are serving clerkship, or those who are regularly 
 employed by attorneys must have the affidavit relating 
 to their clerkship or status as employees of attorneys, 
 be filled out and sworn to. 
 
 APPOINTMENT. 
 
 The appointment is made by the Board of Aldermen, 
 usually the applicant's Alderman standing as his sponsor. 
 
 REAPPOINTMENT. 
 
 Reappointments are made in the same manner as orig- 
 inal appointments. Commissioners of Deeds are not 
 notified of the expiration of their term, and they should 
 carefully note the date of expiration of their term,, and 
 apply for reappointment at least two weeks before its 
 expiration. 
 
 EXAMINATION AS TO FITNESS. 
 
 The applicant is notified of his appointment by the City 
 Clerk, and he must qualify by taking the oath of office 
 and paying the fee of Seven dollars and fifty cents, within 
 30 days after the day of the date of the notice, otherwise 
 the appointment becomes void. The term of office runs 
 for two years frojn the day of the date of appointment 
 by the Board of Aldermen, and not from the date the oath 
 is taken. Every applicant, except a member of the bar, 
 or those serving clerkships, or those who are employees 
 of attorneys, must submit to a written examination before 
 the City Clerk. The answers must be in the handwriting 
 of the applicant and be responsive. If the applicant fails 
 
 47 
 
to show by his answers a fairly good understanding of the 
 duties of the office, his application is rejected. He may, 
 however, apply again at some future time when, he shall 
 have acquired a better understanding of the subject. The 
 following is a sample list of the questions asked, together 
 with the correct answers: 
 
 Q. Assuming that you were appointed a Commissioner 
 of Deeds, how would you subscribe yourself in your of- 
 ficial capacity as such? 
 
 A. Commissioner of Deeds for the City of New York. 
 
 New York County Clerk's No 
 
 Term expires 1920. 
 
 Q. What is the purpose of filing a transcript of your ap- 
 pointment with county clerks and registers within Greater 
 New York? 
 
 A. File with County Clerk in order that attestations made 
 by me may be certified under seal of County Clerk as to 
 my authority to do so. File with Register in order that 
 papers affecting real property and signed by me may be 
 accepted for record. 
 
 Q. What must be done with an instrument acknowledged 
 before you in New York City in order that it may be 
 recorded or filed outside of The City of New York? 
 
 A. Have a certificate of the Clerk of the County in which 
 I have my certificate filed attached to the instrument. 
 
 Q. Why should you have an "Official Seal?" 
 
 A. So that attestations made by me may be recognized in 
 states which demand that all official acts by a Notary or 
 Commissioner must be under their "official seal". 
 
 Q. Name one official act that may not be performed by a 
 Commissioner of Deeds, but may be performed by a 
 Notary Public. 
 
 A. Protesting a note. 
 
 Q. What is the difference, if any, between an "Oath" and an 
 "Acknowledgment"? 
 
 48 
 
A. An oath is a written statement or declaration before a 
 competent officer. "Acknowledgment" is a formal declara- 
 tion before an authorized public officer by a person who 
 has executed an instrument that such instrument is his act 
 and deed. 
 
 Q. Would you take the acknowledgment of a person not 
 personally known to you? 
 
 A. No ; unless he satisfied me beyond a reasonable doubt 
 of his identity. 
 
 Q. Give the statutory form of oath to be administered to a 
 person desiring to make an affidavit before you. 
 
 A. "You do solemnly swear that the ontents of this affi- 
 davit is known to you and you swear to the truth thereof, 
 so help you God." 
 
 Q. What is the statutory fee for taking (a) an acknowledg- 
 ment, (b) an affidavit? 
 
 A. (a) 25 cents, (b) 12 cents. 
 
 Q. Assuming that you have attested an instrument to be 
 used in a foreign country, what must be done with the 
 instrument before it may be accepted in the country for 
 which it is intended. 
 
 A. Must have County Clerk's certificate attached and 
 then vised by the Consular representative of the country 
 into which the paper is to be sent. 
 
 The writer desires to call the attention of Commissioners 
 to the fact that these questions may be changed or added 
 to at any time, and that in order to be able to pass the 
 examination a thorough perusal of this book will un- 
 doubtedly help the applicant in answering any and all 
 questions that may hereafter be submitted. 
 
 WHEN QUALIFIED TO ACT. 
 
 After the oath of office has been administered by the 
 City Clerk and the fee paid, commissioners are qualified 
 to begin their official duties. Before doing so, however, 
 
 49 
 
they should secure from the City Clerk as many trans- 
 cripts of their appointment as may be necessary. Com- 
 missioners are qualified to act as such only within the 
 boundaries of the City of New York, and cannot file 
 transcript of appointment outside of the city. At least 
 one transcript of appointment (cost 25 cents each) should 
 be filed with the county clerk of one county within the 
 City of New York by every Commissioner. The purpose 
 of filing a transcript is to enable the county clerk to 
 authenticate the official acts of the Commissioner. No 
 instrument attested by a Commissioner will be accepted 
 by either the County Clerk or Register in any county 
 within the City of New York, unless the Commissioner 
 has a transcript of appointment filed in his office or has a 
 certificate of authentication attached to the instrument by 
 the clerk of the county with whom the Commissioner is 
 filed. Of course, for any instrument intended to be filed or 
 recorded, or used, outside of the City, a County Clerk's 
 certificate must be attached. It does not matter in which 
 county a Commissioner takes an acknowledgment, the 
 county clerk of any county will certify to it irrespective 
 of the county in which it was sworn. The fee for filing 
 transript of appointment with a county clerk is 50 cents. 
 
 FILING TRANSCRIPT WITH THE REGISTER. 
 
 A Register will not accept an instrument aflecting real 
 property and acknowledged before a Commissioner of 
 Deeds, unless such Commissioner shall have on file in his 
 office a transcript of his appointment as such Commissioner 
 together with his autograph signature. Transcripts may 
 be filed with the county clerk or register at any time, and 
 when filed are retroactive to the date of the taking of oath 
 of office. In other words, a Commissioner need not be 
 filed with the Register before he takes an acknowledgment 
 to an instrument affecting real property. It is sufficient 
 that he file a certificate at the time the instrument is of- 
 
 50 
 
fered for record. (People ex rel. Kellergrew vs. Polak, 
 as Register. Law Journal, July 27, 1914.) The fee for 
 filing- a transcript with the Register is 25 cents. When 
 mailing transcript the same procedure as that given for 
 Notaries in this book, should be followed. 
 
 OFFICIAL TITLE. 
 
 Commissioner must subscribe their full official title to- 
 gether with numbers and date of expiration of their term, 
 on every instrument signed by them. The title is: 
 
 Signature 
 
 Commissioner of Deeds for the City of New York. 
 
 N. Y. Co. Clerk No Register's No 
 
 Term expires 
 
 The numbers given by all offices may be given upon a 
 small rubber stamp. It saves uncertainty and writing. 
 When no rubber stamp is used, the number given to the 
 Commissioner by the County Clerk and Register, if any, 
 of the county in which the instrument is to be filed or 
 recorded, together with the date of expiration, should be 
 given. 
 
 POWERS AND DUTIES. 
 
 Any person appointed to the office of Commissioner of 
 Deeds may administer oaths and take acknowledgments 
 or proofs of deeds and other instruments in any part of 
 the City of New York. (Sec. 58, Greater New York Char- 
 ter.) Generally speaking, their powers are the same as 
 those of a notary, with the following exceptions: A 
 commissioner of deeds cannot: 
 
 1. Protest a note. 
 
 2. Act as a witness to a last will and testament. 
 
 3. Cannot act under Federal Statutes unless expressly 
 authorized by Statute. 
 
 Some states, notably Maine, Maryland and Florida, have 
 
 51 
 
refused to recognize the authority of a Commissioner of 
 Deeds. The reason for such refusal was based upon the 
 contention that the laws of these states make no mention 
 of such an officer, and therefore, it cannot be recognized 
 as an officer having notarial powers. 
 
 LIABILITIES. CIVIL AND CRIMINAL. 
 
 Same as for Notaries. 
 
 FEES AND COMPENSATION. 
 
 Same as for Notaries. 
 
 DISABLING INTEREST. 
 
 Same as for Notaries. 
 
 OFFICIAL SEAL. 
 
 As in the case of Notaries Public, the law does not 
 prescribe an official seal for Commissioners of Deeds, and 
 yet it provides that County Clerks within Greater New 
 York may, if the Commissioner has deposited with them 
 an impression of his seal, ^'authenticate the irnpression 
 of the seal of the officer." Clearly, then, they "may" have 
 a seal. And every Commissioner should have one ; and 
 he ought to use it on every acknowledgment, oath or 
 affidavit going out of the state, as well as on all foreign 
 instruments, for while the Executive Law of this State 
 makes it unnecessary to attach the seal to instruments for 
 use in this state, the United States Courts, and all branches 
 of the Federal Government, require the official seal to be 
 impressed upon all documents attested by Notaries and 
 Commissioners. 
 
 52 
 
CHANGE OF NAME. BY COURT ORDER. BY MAR- 
 RIAGE. 
 
 Same as for Notaries. Except that notice of change 
 should be given to the City Clerk of the City of New 
 York. 
 
 SIGNATURE. 
 
 See Notaries. 
 
 COMPLAINTS AND REMOVAL ON CHARGES. 
 
 Any charge against, or misconduct on the part of Com- 
 missioners should be addressed to the Mayor of the City 
 of New York. When charges are made against a Com- 
 missioner, the Mayor refers thd matter to an Assistant 
 Corporation Counsel, who must notify the accused of the 
 charges and give him an opportunity to be heard on his 
 own behalf. The findings of the Corporation Counsel 
 are given to the Mayor in writing, who either approves 
 or disapproves it. If approved, the Mayor notifies the 
 City Clerk, and the name of the Commissioner is then 
 stricken from the list and he is not thereafter eligible to 
 appointment either as a Notary Public or a Commissioner 
 of Deeds. 
 
 ♦: 
 
 COMMISSIONERS OF DEEDS. FOREIGN. 
 
 A qualified person may be appointed by the "Governor 
 of his state as a Commissioner of Deeds for a state other 
 than that in which he resides. But the official acts of such 
 Commissioner is confined to the taking of proofs and 
 acknowledgment which are to be filed or recorded in the 
 state of which he is a legal resident. To illustrate: A 
 person residing in New Jersey desires to act as a Commis- 
 sioner of Deeds in New York. The Governor of New 
 York cannot appoint him either as a Commissioner or 
 Notary, as he is not a resident of New York. But the 
 Governor of New Jersey may appoint him as a Commis- 
 sioner to act for New Jersey in New York. 
 
 S3 
 
The Governor of any state may appoint a person to 
 serve as a Commissioner of Deeds for his state in any 
 foreign land. There are but a very few of such Commis- 
 sioners abroad as our Consular representatives attend to 
 notarial matters to be used in the United States. 
 
 54 
 
ACKNOWLEDGMENTS. 
 
 DEFINITION. 
 
 An acknowledgment is a formal declaration or admis- 
 sion before an authorized court or public officer, by a 
 person who has executed an instrument, that such instrii- 
 ment is his act and deed. (Am. & Eng. E. of Law.) 
 Acknowledgment is a proceeding provided by statute 
 whereby a person who has executed an instrument may, 
 by going before a competent officer and declaring it to 
 be his act and deed, entitle it to be recorded, or to be re- 
 ceived in evidence without further proof or execution, or 
 both. (Century Diet.) An instrument can be called "duly 
 acknowledged" when such acknowledgment is put in writ- 
 ing and is attached to the instrument. The following can- 
 not be acknowledged: A promissory note; a bill of ex- 
 change; a last will. 
 
 PERSONS MUST BE PRESENT. 
 
 "Notaries taking acknowledgments or affidavits without 
 the presence of the party sworn or acknowledging, will 
 be treated as guilty of serious professional misconduct." 
 (In re Napolis, 155 N. Y. S. 416; 169 A. D. 469.) 
 
 PROOF OF IDENTITY. 
 
 There are conflicting opinions as to just what consti- 
 tutes proper identification. In taking an acknowledgment 
 the Notary or Commissioner must either have personal 
 knowledge of the individual who makes it, or be satisfied 
 
 55 
 
of his identity by proper and thorough precautions. Just 
 what the precautions ought or should be is a much mooted 
 question. The writer, in taking acknowledgments, has 
 gone to the extent of asking to be shown initials on watch, 
 fob, hat or other personal effects in addition to other 
 means of identification by papers, bank books, documents, 
 etc. It has been held that a Notary who relies on the 
 mere introduction of a friend or acquaintance of the person 
 who makes the acknowledgment, does so at his own risk. 
 In another instance (Cyc. 1, p. 563, quoting Wood v. Bach, 
 54 Barb. (N. Y.) 134, overruling Jones v. Bach, 48 Barb. 
 568) the following was held: "An introduction by a com- 
 mon friend is sufficient to satisfy the statutory require- 
 ment that the officer taking the acknowledgment shall 
 know or have satisfactory evidence that the person making 
 such acknowledgment is the individual 'described in and 
 who executed the instrument, if such introduction satisfies 
 the conscience of the officer as to the identity of the 
 party." In a Missouri case, State v. Meyer, 2 Mo. App. 
 413, 420, the court said as to "'personal knowledge": "It 
 is not easy to give a definition of what will constitute 'per- 
 sonal knowledge.' Everyone knows that two intimate 
 friends, who have known each other from childhood to 
 mature age, living in the same neighborhood all that time, 
 may, in the fullest and most unreserved sense, be said 
 to have such 'personal knowledge.' But, if a stranger be 
 introduced by a respectable person into any company, it 
 is generally safe to assume that he is what he professes 
 to be, although the person making the assumption has 
 nothing for it but his reliance in the habits of accuracy 
 of the introducer, who, in his turn, may be relying on 
 similar habits in some one else, on whose information 
 he made the last introduction. It is obvious that, when 
 an officer taking the acknowledgment and making a cer- 
 tificate assumes any such fact, he does it at his own risk. 
 . . . If, after all, the party making the acknowledgment 
 proves to be an imposter, the officer would, we think, if 
 acting in good faith, stand excused." In a California case 
 
 56 
 
(Overacre v. Blake, 82 Cal. 11, 22 Pac. 979) a person was 
 introduced to the, Notary as bearing the name of the 
 real owner of the property and as the signer of the 
 deed, exonerated the Notary of negligence in failing to 
 identify him further. In a Pennsylvania case (Com. v. 
 Haines, 97 Pa. 228) a Notary, on the witness stand, was 
 asked what precautions he took to identify the grantor of 
 a certain instrument causing the litigation, and replied that 
 he could recollect the circumstances. The court held: "A 
 Notary imposed upon by a personation is liable only for 
 clear negligence. It is a legal presumption that he acted 
 on reasonable information, and his absence of memory as 
 to details of what occurred does not destroy that pre- 
 sumption." 
 
 In a Minnesota case, Barnard v. Schuler, 100 Minn. 289, 
 the court said: "We accordingly hold that a Notary is 
 not the guarantee of the absolute correctness of his cer- 
 tificate of acknowledgment, nor does he undertake to cer- 
 tify that the person acknowledging the instrument owns 
 or has any interest in the lands herein described; but he 
 does undertake to certify that the party personally appear- 
 ing before him is known to him to be the person described 
 in and who executed the instrument. If the Notary does 
 not personally know the party appearing before him^ he 
 should proceed with caution, and either decline to certify 
 the acknowledgment or investigate the question of the 
 identity of the party with such care and prudence as the 
 gravity of the case demands, and only certify to his 
 identity upon being clearly satisfied of the fact as a re- 
 sult of his investigation. If a Notary Public certifies to 
 an acknowledgment of an instrument without such per- 
 sonal knowledge and investigation, he is guilty of negli- 
 gence, and he and his sureties are liable for all damages 
 proximately resulting therefrom." 
 
 In the latest New York case, Rhodes v. Franz, 157 N. 
 Y. S. 132; 160 N. Y. S. 66; 173 A. D. 744, judgment was 
 obtained against the Notary for the full amount. In this 
 case the Notary took the acknowledgment of a person to 
 
 57 
 
a bill of sale in the presence of the buyer. It appears that 
 neither the Notary nor the buyer knew the seller, who 
 afterwards turned out to be the husband of the real owner 
 of the chattels and had no interest in the premises. The 
 Notary in his plea laid stress upon the Overacre v. Blake 
 case cited above, and pointed out that as the plaintiff did 
 not satisfy himself of the identity of the person he (the 
 Notary) was deceived and the plaintiff was guilty of con- 
 tributory negligence. While the lower court upheld this 
 contention, the Appellate Division reversed the judgment 
 in favor of the plaintiff. 
 
 It would seem from the foregoing that a Notary or 
 Commissioner acting on insufficient information as to the 
 identity of a person, does so at his own risk; but it seems 
 that if he acted on "reasonable information and good 
 faith," and that his conscience was satisfied of the identity, 
 would be sufficient to exonerate him from any liability 
 arising out of his official acts. 
 
 —METHOD OF TAKING ACKNOWLEDGMENTS. 
 
 Notaries and Commissioners should note the following 
 important points in taking acknowledgments: 
 
 1. Identity of person. 
 
 2. See that names are correctly written. 
 
 3. Insert dates wherever necessary. 
 
 4. Show correct "Venue." 
 
 5. Sign your name, official number and title in full. 
 
 6. Consult index in this book and determine the num- 
 ber of witness necessary ; whether seals or scrolls required 
 after signature of parties; whether form of acknowledg- 
 ment conforms to the laws of the state into which it is 
 going; whether, in case of man and wife, private examina- 
 tion of the wife is necessary. Note any other requirement 
 and comply therewith. 
 
 58 
 
EXPLANATION. 
 
 (1) IDENTITY. See "Proof of Identity." 
 
 (2) NAMES. CORRECTIONS, ADDITIONS. AL- 
 TERATIONS. 
 
 Notaries and Commissioners will note that any correc- 
 tion, addition, alteration, etc., to an instrument after 
 execution renders it null and void, unless re-acknowledged. 
 Therefore, they should be made before execution; and 
 Notary or Commissioner after reading such part or parts 
 of the instrument as will acquaint him with the meaning, 
 intent and purport thereof, should ask whether any altera- 
 tions are or ought to be made. If so, such alterations 
 should be signed by the Notary or Commissioner with his 
 initials on the margin of the instrument. To illustrate: 
 (Name of Notary, let us say, is John J. Smith.) 
 
 fifteenth 
 JJS This Indenture, made the sixteenth day of 
 
 March 
 JJS February, in the year One thousand nine hundred 
 
 fifteen RICHARD 
 
 JJS and fcvsrteen, between ROBERT ROE and JANE 
 
 JJS ROE, both of the 
 
 (body of instrument) 
 In Witness Whereof, etc. . . 
 
 In presence of: RICHARD ROE (LS) 
 
 JANE ROE (LS) 
 
 All changes, erasures and in- 
 terlineations initialed "JJS" 
 made before execution. 
 
 John J. Smith. 
 
 A still better way would be to state exact nature of 
 changes, etc., as follows: 
 
 In Presence of: 
 
 On first page,, first line, word "sixteenth" changed to 
 "fifteenth"; on second line word "February" changed to 
 
 59 
 
"March"; on third line "fourteen'' changed to "fifteen"; 
 on fourth line, "Robert" changed to "Richard," before 
 execution. 
 
 John J. Smith. 
 
 It might be mentioned here, that in instruments affect- 
 ing real property the grantor or grantors should be de- 
 scribed as follows: 
 
 "Bachelor," for man who has never married. 
 
 "Spinster," for woman who has never married. 
 
 "Widower," for man whose wife is dead. 
 
 "Widow of ," for woman whose husband is dead. 
 
 The term "Unmarried" should not be used. It is vague, 
 and may mean any of the above, or divorcee or divorced. 
 
 A corporation should be described as "A B C Company, 
 a corporation organized and existing under the laws of 
 
 the State of and having its principal place of 
 
 business in the City of " Under the real prop- 
 erty law of this State, if grantee (purchaser) is of a 
 city of over 500,000 inhabitants, such grantee's street ad- 
 dress must be given on the instrument. If parties execut- 
 ing instrument have been known, at any time, under dif- 
 ferent or assumed names, or in case of a woman recently 
 married, both names should be described and signed, as: 
 "GIUSEPPE ITALIAN, sometimes known as JOSEPH 
 ITALIAN"; "JOHN SMITH, sometimes known under 
 the name of J. CARLISLE SMITH"; "JANE DOE 
 SMITH, formerly known as JANE DOE," etc. 
 
 On all instruments, after each individual's name, add 
 the city, county and state of residence. If two or more 
 parties are of the same town, say "both" or "all of the City 
 of , County of , State of " 
 
 (3) DATES OF INSTRUMENT. 
 
 Instruments usually commence with the date of execu- 
 tion. Sometimes the date of execution is in the "Attesta- 
 tion Clause." See that the proper dates are inserted. To 
 illustrate: 
 
 This Indenture, made the day of 
 
 60 
 
19. ... ; or where the date is not shown as 
 
 above, it is usually found at the foot of the instrument in 
 the "Attestation Clause," which, substantially, is as fol- 
 lows: 
 
 In Witness Whereof, the parties hereto have hereunto 
 
 set their hands and seals this day of 
 
 in the year 
 
 The attestation clause for a corporation should, sub- 
 stantially, be as follows: 
 
 In Witness Whereof, the said ABC COMPANY has 
 caused these presents to be signed by its PRESIDENT 
 and SECRETARY (or other officers) and its corporate 
 
 seal to be hereunto affixed this day of 19. . 
 
 ABC COMPANY, 
 By Richard Roe, President. 
 Attest: John Doe, Sec'y- 
 (Seal of Corporation) 
 
 In addition to dates in the instrument Notary or Com- 
 missioner should insert date in the acknowledgment. 
 (4) VENUE. 
 
 The statement immediately at the top of the acknowl- 
 edgment indicating the place where it was taken, to-wit: 
 State of New York, ] 
 County of New York, j 
 
 State of New York, ] 
 County of Kings, ( 
 
 In other words, the venue shows the state and county 
 wherein the parties appeared before the Notary or Com- 
 missioner and acknowledged their act. 
 
 The venue is one of the most important parts of the 
 acknowledgment, and should never be left off. There 
 have been any number of cases at law where the principal 
 cause of action was the fact that the VENUE WAS NOT 
 SHOWN ON THE INSTRUMENT. And in a number 
 of cases the absence of venue was held to be a fatal defect 
 in the instrument. 
 
 61 
 
Should you have occasion to acknowledge an instru- 
 ment whereon the venue is already shown, but it is not 
 the correct one, put your pen through it and insert the 
 state and county wherein the person or persons appear 
 before YOU. 
 
 Correct forms of venue: 
 
 State of New York, ) 
 For a Notary — ^ . r t,t -ir i r ss: 
 County of New York, J 
 
 For a Commissioner of Deeds — 
 
 State of New York, I 
 City of New York, Vss: 
 
 County of New York, \ 
 
 If instrument is to be used in a foreign country, add 
 United States of America above State of New York. 
 
 If instrument is to be used in the U. S. Courts, Depart- 
 ments, Internal Revenue, etc., always insert the District 
 in which the acknowledgment was taken, as follows: 
 
 For Notary — 
 
 United States of America, 
 State of New York, 
 County of New York. 
 Southern District of New York, ^ 
 For a Commissioner — 
 
 United States of America, 
 State of New York, 
 Southern District of New York, 
 City and County of New York, 
 
 (5) NAME, NUMBER AND OFFICIAL TITLE. 
 JURAT. 
 Signing your name to acknowledgment, without giving; 
 your official title and number, will not do. The laws 
 of New York State compel notaries to give their num- 
 bers. Commissioners of Deeds should give their numbers 
 and the date of the expiration of their term. 
 
 62 
 
(6) IN GENERAL. 
 
 SEALS OF INDIVIDUALS. 
 
 Notaries and Commissioners should be careful to see that 
 seals are attached after signatures of individuals to a 
 legal document. They add a very important legal significance 
 to the instrument. A "sealed" instrument may be sued upon 
 at any time within 20 years, if unsealed, from 6 to 10 years 
 after its execution. The following "seals" are used : 
 Small adhesive wafer or wax.... JOHN SMITH 
 
 The letters "L.S." (locus sigilli) . .JOHN SMITH 
 "Scrawl" seal JOHN SMITHS^ 
 
 The word "Seal" JOHN SMITH 'Sf^ 
 
 The seal of a corporation should always be used on 
 its legal documents; and should it have no seal, notary 
 or commissioner should note that fact in the acknowledg- 
 ment. 
 
 Explanation of instrument : "It is the duty of the of- 
 ficer to ascertain that the grantor understands the nature 
 of the instrument he is executing, and where the grantor 
 is ignorant or illiterate, the officer must read or make 
 known its contents to him, or use other means to enable 
 him to comprehend the nature of his act. A simple formal 
 reading of the instrument is not sufficient." (Cyc. 1, p. 
 563.) 
 
 Grantor ignorant of English language : "A notary's 
 certificate of acknowledgment is of little force when the 
 person purporting to make the acknowledgment does not 
 understand English, and the notary has not explained the 
 effect of the act in such person's own language and has 
 not seen to it that it was understood." (Harrison v. Oak- 
 man, 56 Mich. 390, 23 N. W. 164.) 
 
 Right to employ interpreter : "In the absence of statu- 
 tory authority, an officer who is ignorant of the grantor's 
 
 63 
 
vernacular language, cannot take the ackno\vledgment 
 through a sworn interpreter." (Dewey v. Campau, 4 Mich. 
 565.) In other cases, however, the courts seem to have 
 sanctioned the use of an interpreter. When the explana- 
 tion of an instrument necessitates the services of an inter- 
 preter, he should be sworn by the notary or commissioner. 
 If grantor is deaf and dumb, he should be made to under- 
 ~stand the nature of his act by signs or other means. If 
 person is illiterate, or is physically unable to sign name, he 
 must make his mark, usually an X sign, and notary or corn- 
 missioner should write the name on either side of the 
 X mark, thus: 
 
 his 
 JOHN (X) DOE 
 mark 
 If person cannot speak English, that is to say, writes 
 other than Roman characters, such fact should be noted 
 by the notary or commissioner, over or below the signa- 
 ture, thus: 
 
 Soljn Boe 
 
 (His signature in German.) 
 
 The above applies to persons who are illiterate, old, 
 decrepit, ignorant or unable to understand the nature of 
 their acts. When a person of intelligence states to the 
 officer that he knows the contests of the instrument, it is 
 unnecessary to explain to such person the intent and pur- 
 port thereof. 
 
 PRIVY EXAMINATION OF WIFE. 
 
 Under the laws of some states. New Jersey, Pennsyl- 
 vania, North Carolina, etc., when a married woman executes 
 an instrument, her acknowledgment must be taken separate and 
 apart from the husband. The object of the private examina- 
 tion is to discover whether the wife is acting of her own 
 volition, and therefore it should properly be taken so far 
 out of the presence of the husband that he cannot com- 
 
 64 
 
municate with her by word, look, or motion, or see or hear 
 any intimation of unwillingness on her part, for otherwise 
 she has no opportunity to escape coercion. Where it ap- 
 pears that the husband was present during the examina- 
 tion, the presumption that the wife did not act freely and 
 without constraint arises as a matter of law. (Cyc. 1, p. 
 569.) In a number of cases absence of such private ex- 
 amination invalidated the instrument. Notaries and com- 
 missioners on referring to the index should carefully note 
 the wording of the acknowledgment given for the par- 
 ticular state, and if it appears therefrom that private ex- 
 amination is required, they should proceed as above and 
 also explain to such wife the meaning, intent and purport 
 of the instrument. 
 
 ACKNOWLEDGMENT OF ACT. 
 
 After all preliminary requirements have been attended 
 to and notary or commissioner is ready to execute the in- 
 strument, he should ask the party or parties: "You (or 
 each of you) acknowledge the execution of this instru- 
 ment to be your (and each of your) act and deed." The 
 reply should be more than a mere nod of the head. The 
 reply should be, "I do.'' It is usual to raise the right 
 hand, both notary and party. (Note: If form of acknowl- 
 edgment reads ''voluntary act and deed," ask party, "You 
 acknowledge this instrument to be your voluntary act and 
 deed?" In case of privy examinatio'n of wife, repeat es- 
 sential declaration contained in the acknowledgment, as 
 to "freely, voluntarily, without fear, coercion, etc.") 
 
 LASTLY. 
 
 If instrument you have acknowledged is to be filed or 
 recorded in a county where you have not your certificate 
 filed, inform parties that it will be necessary to have county 
 clerk's certificate attached thereto and inform them where 
 to have it attached. (The cost of attaching such certificate 
 
 65 
 
is twenty-five cents.) If instrument is intended for a 
 foreign country, county clerk's certificate MUST be at- 
 tached (unless notary or commissioner has a certificate 
 of his appointment on file with the consul) and then it 
 must be brought to the consul's ofTice to be authenticated 
 or "vised." (For list and addresses of consuls, refer to 
 index.) It would be well to note here that notaries acting 
 in more than one county, and who are desirous of having 
 their official acts authenticated by the county clerk, should 
 have it done by the clerk of the county wherein the 
 acknowledgment was taken. Each county clerk is limited 
 in his jurisdiction; he cannot certify to the acts of a notary 
 if such act was performed out of the county in which he 
 has jurisdiction, even though the notary has his certificate 
 filed with him. 
 
 66 
 
AFFIDAVITS. 
 
 DEFINITION. 
 
 An affidavit is a declaration on oath, reduced to writing 
 and affirmed or sworn to by the affiant before some person 
 who has authority to administer oaths. (Bouv. Law. Diet.) 
 An affidavit must, of course, be made by a person having 
 knowledge of the facts, and who is legally competent to 
 testify under oath. Where an affidavit is made by a cor- 
 poration, the affidavit should describe the affiant sufficient- 
 ly to show that he is a person authorized to perform such 
 act. An affidavit need not be acknowledged; it is suffi- 
 cient v-fhen sworn to. 
 
 DIFFERENCE BETWEEN ACKNOWLEDGMENT 
 AND AFFIDAVIT. 
 
 The difference between an "acknowledgment" and "affi- 
 davit" is that in an acknowledgment a person admits that 
 a certain instrument whereby he gives, sells, grants, con- 
 veys, confers, obligates, assumes, binds or contracts, etc., 
 to be his act and deed, whereas an affidavit merely recites 
 a series of statements under oath. In short, an "ac- 
 knowledgment" is the "admission" of an act, and an affi- 
 davit a "statement" of given facts, or a "statement" given 
 on information and belief. 
 
 IDENTITY OF PERSONS. 
 
 No proof of identity is required. The taking of an 
 affidavit is held to be purely a ministerial act. A person 
 who falsely personates another, and, in such assumed 
 character subscribes, verifies, publishes, acknowledges, or 
 proves a written instrument, which by law may be re- 
 corded, with the intent that the same may be delivered or 
 used as true, is punishable by imprisonment in a state 
 prison for not more than ten years. (Penal Law 928.) 
 
 67 
 
PARTS OF AFFIDAVIT. 
 
 An affidavit should be headed with the proper venue 
 (see forms of venue), although it may be contained in the 
 body of the affidavit, or at the foot of it, but it must ap- 
 pear somewhere in the affidavit. After the venue, it should 
 begin with the name and description of the affiant, and 
 continue with clear, concise, positive statements of those 
 facts which the affiant desires to swear to; it should not 
 be worded ambiguously or so that different constructions 
 may be put upon it; if the statement is on "information and 
 belief," it should be so stated. The affiant should sign 
 his name immediately after the last line of the body of 
 the affidavit, so that no additions may be made thereto. 
 Notary or commissioner should sign his name at the left 
 of the signature, in the following form: 
 
 JOHN SMITH 
 Subscribed and sworn (Signature of Affiant.) 
 
 to or affirmed before 
 
 me this day 
 
 19.... 
 
 JOHN DOE 
 (Official title and number in full.) 
 
 68 
 
OATH TO BE ADMINISTERED. 
 
 The affidavit loses its force if not properly sworn to, 
 is undated, or no venue appears. In O'Reilly v. People, 
 86 N. Y. 154, it was held that in order to constitute a 
 valid oath for the falsity of whjch prosecution for perjury 
 could be maintained it was necessary that there should be 
 an unequivocal act in some form in the presence of an 
 officer authorized to administer an oath by which the 
 affiant consciously takes upon himself the obligation of 
 the oath, and where it appeared upon the trial of an 
 indictment for perjury in swearing to an affidavit that no 
 words passed between the defendant and the notary, it was 
 held that this was not sufficient to say that the the de- 
 fendant had taken the oath, the court saying, "some form 
 of an oath has always been required, for the double reason 
 that only by some unequivocal form could the sworn be 
 distinguished from the unsworn averment, and the sanc- 
 tions of religion add their solemn and binding force to the 
 act." 
 
 And so in the case of Bookman v. the City of New York, 
 200 N. Y. S3, it was held that a Commissioner of Deeds 
 had not performed his duties as such where it appeared 
 that he was not in the habit of having each of the persons 
 who made affidavits before him swear to the truth of 
 the contents thereof, but simply had the affiant sign his 
 affidavit and then asked him if it were true. The court 
 in this case said: 
 
 "It is, therefore, apparent that some form of an oath 
 or affirmation is essential, by or in the presence of the 
 officer, by which the affiant's conscience becomes bound 
 with an oath. To those entertaining religious convictions, 
 who believe in Christianity, the statute contemplates that 
 they should take their oath with their hand resting upon 
 he gospels, or that they should swear in the presence of 
 the ever-living God. To those entertaining other religious 
 views, the court or officer may adopt such a ceremony as 
 they recognize as binding upon their consciences; and if 
 
 69 
 
a person entertains no religious belief, or thinks it wrong 
 to take an oath, he may be permitted to solemnly declare 
 and affirm. Whatever the form adopted, it must be in 
 the presence of an officer authorized to administer it, 
 and it must be an unequivocal and present act by which 
 the affiant consciously takes upon, himself the obligation 
 of an oath." 
 
 And also considering section 845 of the Code of Civil 
 Procedure which provides: 
 
 "Except as otherwise especially prescribed in this article, 
 when an oath is administered, the witness shall lay his 
 hand on the gospels and express assent to the oath, and 
 it shall be according to the present practice except that 
 the witness need not kiss the gospels," the court said : 
 
 "The present practice, which has existed from a time 
 whereof the memory of man runneth not to the contrary, 
 is to the effect that you do solemnly swear that the con- 
 tents of this affidavit subscribed by you is correct and 
 true." 
 
 DEPOSITIONS. 
 
 DEFINITION. A deposition is the written testimony 
 of a witness taken out of court before a notary, a com- 
 missioner of deeds or other person authorized to take 
 it, and intended to be used upon the trial of some cause in 
 court or before some officer or commission appointed by 
 statute. (Bouv. Law. Diet.) As a general rule, when a 
 commission or "dedimus" is issued by a court, full printed 
 instructions as to the method of procedure accompanies it, 
 and therefore, the writer does not attempt to elaborate 
 upon it. When, however, no such instructions are sent, 
 notaries and commissioners are advised to consult Hub- 
 bel's Legal Directory, issued every year. Care should be 
 taken to consult the latest one, as there are apt to be 
 changes in the method and form. 
 
 70 
 
FOREIGN CONSULS IN NEW YORK. 
 
 Argentine 17 Battery Place, 10 to 4. 
 
 Australia 61 Broadway. 
 
 Austria* 6 Beekman Street, 10 to 3. 
 
 Belgium 25 Madison Avenue, 10 to 4. 
 
 Bolivia 233 Broadway, 10 to 3. 
 
 Brazil 17 State Street, 10 to 3. 
 
 Canada ■ 44 Whitehall Street, 9.30 to 3.30. 
 
 Chili 280 Broadway, 10 to 3. 
 
 China 291 Broadway, 10 to 4. 
 
 Colombia 17 Battery Place, 9 to 4. 
 
 Corea (See Japan). 
 
 Costa Rica 17 Battery Place, 10 to 4. 
 
 Cuba 44 Whitehall Street, 9.30 to 3. 
 
 Czecho-Slovakia ...31 East 17th Street, 10 to 3. 
 
 Denmark! 8 Bridge Street, 10 to 3. 
 
 Dominican Rep 17 Battery Place, 10 to 3. 
 
 Ecuador 17 Battery Place, 10 to 1, 2 to 4. 
 
 Egypt , ... 44 Whitehall Street, 9.30 to 3.30. 
 
 Finland 443 Broome Street, 10 to 3. 
 
 France 9 East 40th Street, 9.30 to 4.30. 
 
 Germany** 11 Broadway, 10 to 3. 
 
 Great Britain 44 Whitehall Street, 9.30 to 3.30. 
 
 Greece 11 St. Lukes Place, 10 to 4. 
 
 Guatemala 50 Broad Street, 9 to 3. 
 
 Haiti 31 Broadway, 10 to 3. 
 
 Honduras 16 John Street, 9 to 3. 
 
 Hungary* 6 Beekman Street, 10 to 3. 
 
 Italy 20 East 22nd Street, 10 to 3. 
 
 Japan 165 Broadway, 10 to 3. 
 
 Jugo-Slavia 443 West 22nd Street, 9 to 3. 
 
 Lativia 63 Park Row, 10 to 3. 
 
 Liberia 98 Park Place, 2.30 to 5.30. 
 
 Lithuania 257 West 71st Street. 
 
 Mexico 154 Nassau Street, 10 to 3. 
 
 71 
 
Monaco 9 "East 40th Street, 9.30 to 4.30. 
 
 Netherlands 44 Beaver Street, 10 to 3. 
 
 Nicaragua IS John Street, 10 to 4. 
 
 Norway 27 William Street, 10 to 3. 
 
 Panama 395 Broadway, 10 to 4. 
 
 Paraguay 233 Broadway, 10 to 4. 
 
 Persia 709 Fifth Avenue. 
 
 Peru 42 Broadway, 10 to 3. 
 
 Poland 953 Third Avenue, 10 to 1. 
 
 Portugal 140 Nassau Street, 10 to 3.30. 
 
 Rumania 43 Cedar Street, 8.30 to 5. 
 
 Russia 55 Broadway, 10 to 4. 
 
 Salvador 42 Broadway, 10 to 3. 
 
 Serbia 443 West 22nd Street, 9 to 3. 
 
 Siam 18 Broadway, 12 to 2. 
 
 Spain 158 West 14th Street, 10 to 3. 
 
 Sweden 6 Beekman Street, 10 to 3. 
 
 Switzerland 104 Fifth Avenue, 10 to 3.30. 
 
 Turkey*** 158 West 14th Street, 10 to 3. 
 
 Uruguay 17 Battery Place, 10 to 3. 
 
 Venezuela ^^0 South Street, 10 to 3. 
 
 * Represented by Consulate of Sweden. 
 ** Represented by Consulate of Switzerland. 
 *** Represented by Consulate of Spain. 
 
 72 
 
STANDARD FORM OF COUNTY CLERK'S CER- 
 TIFICATE ACCEPTABLE IN EVERY STATE 
 IN THE UNITED STATES AND ELSE- 
 WHERE. 
 
 State of . . 
 County of 
 
 I, Clerk of said County, 
 
 and of the Court held in and for 
 
 said County, the same being a Court of Record having 
 
 seal, do hereby certify that Esq., 
 
 the oflficer whose name is subscribed to the deposition or 
 certificate of the proof or acknowledgment of the an- 
 nexed instrument, and before whom the same was made, 
 resides in said County; that at time of taking such proof 
 
 or acknowledgment he was in and for 
 
 said County, duly authorized by the laws of said State 
 to take the same, and also to take the proof and acknowl- 
 edgment of deeds for lands, tenements and hereditaments 
 to be recorded in the State. I further certify that I am 
 well acquainted with the handwriting of such officer, and 
 verily believe that the signature to such certificate pur- 
 porting to be his, is genuine, and that said instrument is 
 executed and acknowledged in conformity with the laws 
 of said State. 
 
 In Testimony Whereof, I have hereunto set my hand 
 
 and affixed my official seal, at 
 
 is said County this day of 19 ... . 
 
 (SEAL) 
 
 (Here impress official seal, if 
 certifying officer has seal) 
 
 Clerk. 
 
STATUTORY FORMS, INDIVIDUAL, MAN AND 
 WIFE, CORPORATION 
 
 ALABAMA — (Requires two witnesses to all forms). 
 Individual. 
 
 I (insert name and official title of officer), hereby certify 
 that (insert name or party), whose name is signed to the 
 foregoing (insert title of instrument) and who is known to 
 me (or made known to me), acknowledged before me on 
 this day that, being informed of the contents of the (insert 
 title of instrument), they executed the same voluntarily, on 
 the day the same bears date. 
 
 Given under my hand this day of 
 
 A. D. 19 
 
 (Signature of official and title). 
 
 Note. When husband and wife convey property, sep- 
 arate examination of the wife separate and apart from the 
 husband is necessary, when homestead is property of the 
 husband. In such case, in addition to the above, use fol- 
 lowing form 
 
 Wife. 
 
 I (insert name and official title of officer), hereby certi- 
 fy that on the day of 19.., came 
 
 before me the within named (insert name of wife) known 
 to me to be the wife of the within named (insert name of 
 husband), who, being by me examined separate and apart 
 from her husband, touching her signature to the within 
 (insert name of instrument) acknowledged that she signed 
 the same of her own free will and accord, and without 
 fear, contraint, or threats on the part of her husband. 
 
 In witness whereof, I hereunto set my hand this 
 
 day of 19.. 
 
 (Signature of Officer). 
 
 74 
 
Corporation. 
 
 I (name of oflficer), a (title of officer) in and for said 
 County in said State, hereby certify tliat (name) whose 
 name as (title of office) of the (name of corporation), a 
 corporation, is signed to the foregoing (title of instru- 
 ment), and who is known to me, acknowledged before 
 me on this day that, being informed of the contents of 
 the (title of instrument) he, as such officer, and with 
 full authority executed the same voluntarily for and 
 as the act of said corporation. 
 
 Given under my hand this day of 
 
 19.. 
 
 (Signature of Officer). 
 
 ALASKA — Use New Jersey form. 
 
 The laws of Alaska provide that instrument executed 
 in any state for use in Alaska, may be executed accord- 
 ing to the laws of the state wherein it is taken or ex- 
 ecuted. In case of husband and wife conveying, use 
 NEW JERSEY form. 
 
 ARIZONA — Use New York forms, but ADD thereto 
 "executed the same for the purpose and consideration 
 therein expressed." 
 Exp. of Commission. 
 
 ARKANSAS — (Two witnesses to all forms). Seal authen- 
 ticates. 
 
 Individual. 
 
 Be it remembered that on this day personally appeared 
 before me (insert name and official title), JOHN SMITH, 
 to me well known as the grantor in the foregoing deed, 
 and stated that he executed the same for the considera- 
 tion and purposes therein mentioned and set forth. 
 
 Witness my hand and official seal as such (insert title 
 
 of official) this day of 19.. 
 
 (Signature and title). 
 
 75 
 
Exp. of Commission. 
 
 Man and wife conveying lands of husbands. 
 
 Be it remembered that on this day came before me the 
 undersigned (insert your name and title), within and for 
 the county aforesaid, duly commissioned and acting, 
 JOHN SMITH, to me well known as the grantor in the 
 foregoing deed, and stated that he had executed the same 
 for the consideration and purposes therein mentioned and 
 set forth. AND on the same day also voluntarily appeared 
 before me, MARY SMITH, wife of the said JOHN 
 SMITH, to me well known as the person signing said deed, 
 and in the absence of her said husband declared that she 
 had of her own free will signed and sealed the relinquish- 
 ment of dower and homestead in the foregoing deed ex- 
 pressed for the purposes therein contained and set forth 
 without compulsion or undue influence of her said hus- 
 band. 
 
 Witness my hand and seal as such (your title) on this 
 
 day of 19 
 
 (Signature and title). 
 
 Man and wife conveying lands of wife. 
 
 On this day came before me, a duly commissioned, quali- 
 fied and acting (your name and title), within and for the 
 county aforesaid, JOHN SMITH and MARY SMITH, his 
 wife, to me well known as the grantors in the foregoing 
 deed; and said JOHN SMITH stated that he had executed 
 the same for the consideration and purposes therein men- 
 tioned and set forth; and also voluntarily appeared before 
 me the said MARY SMITH, in the absence of her said 
 husband, and declared that she had of her own free will 
 executed the same for the purposes therein contained and 
 set forth, without compulsion or undue influence of her 
 said husband. 
 
 Witness my hand as such (your title), on this 
 
 day of 19... . 
 
 (Your signature and title). 
 
 76 
 
Corporation. 
 
 On this day personally appeared before me the under- 
 signed (your name and title), within and for the county 
 aforesaid, JOHN SMITH, to me well known as the Presi- 
 dent of the (name of corporation) and RICHARD ROE, 
 to me well known as the Secretary of said corporation, and 
 acknowledged that they had in their said official capacities 
 executed the foregoing deed as the act and deed of said 
 corporation, for the consideration and purposes therein 
 mentioned. 
 
 Witness my hand and oflficial seal this day of 
 
 19.... 
 
 (Your signature and title). 
 
 CALIFORNIA — Two witnesses necessary if person uses 
 X mark for signature. Use New York forms. Use official 
 seal. But county clerk's certificate attached to instrument 
 must specify that it is taken in accordance with the laws 
 of the place where executed. 
 
 COLORADO — At least one witness required. Use 
 Arkansas forms. 
 
 CONNECTICUT— Two witnesses. Use official seal. Use 
 the word "seal" or the scroll "L.S." after signature of 
 parties executing. 
 
 Individual. 
 
 March, A. D. 19 
 
 Then and there before me (your title), within and for 
 the county and State aforesaid, duly commissioned and act- 
 ing as such, personally appeared JOHN SMITH and 
 MARY SMITH, his wife, signers and sealers of the fore- 
 going instrument, and severally acknowledged the same to 
 be their free act and deed, before me. Witness by hand 
 and seal of office, on this day of 19 ... . 
 
 (Seal) (Your signature and title). 
 
Corporation. 
 
 March, A. D., 19 
 
 Then and there before me (your title) within and for the 
 county and State aforesaid, duly commissioned and acting 
 as such, personally appeared JOHN SMITH (Agent, Presi- 
 dent, Secretary, etc.), of the (name of corporation), signer 
 and sealer of the foregoing instrument, and acknowledged 
 the same to be his free act and deed and deed of said 
 (name of corporation), before me 
 
 Witness my hand and seal of office, on this day of 
 
 19.... 
 
 (Seal) (Your signature and title). 
 
 Note. No proof by subscribing witness is admitted. 
 
 DELAWARE — Use oflficial seal; no authentication neces- 
 sary if used. One witness necessary. Use "L.S." or scroll 
 after signature. Use NEW JERSEY forms. 
 
 Corporation. 
 
 Must be under corporate seal and hand of President or 
 Vice-President, duly authorized by resolution. 
 
 DIST. OF COLUMBIA— Advisable to use Notarial Seal. 
 When seal is affixed no further authentication is necessary. 
 One witness necessary. 
 
 Individual. 
 
 I (your name and title), in and for the county and State 
 aforesaid, do hereby certify that JOHN SMITH, party to 
 
 a certain deed bearing date on the day of 
 
 and hereto annexed, personally appeared before me in said 
 county and State, the said JOHN SMITH being personally 
 well known to me as the person who executed the said 
 deed, and acknowledged the same to be his act and deed. 
 
 78 
 
Corporation. 
 
 Use Corporate Seal. NEW YORK form. 
 
 FLORIDA — Two witnesses necessary.- Scroll answers 
 for seal. Use NEW JERSEY forms. 
 
 GEORGIA — When notary's seal is attached no further 
 authentication is necessary. 
 
 When the officer is one of the two witnesses to the in- 
 strument, by adding the words "Signed, sealed and deliv- 
 ered in the presence of" preceding the witness' name, is a 
 sufficient certificate of attestation. 
 
 Corporation. 
 
 No special form. 
 
 When officer taking the acknowledgment is not a witness, 
 then use the following form : 
 
 Before me (your name and title) personally came JOHN 
 SMITH, to me known to be the individual whose signature 
 is affixed to the foregoing deed as one of the witnesses there- 
 to, who being sworn says that he was present at the time 
 when said deed was executed, that he saw the same signed, 
 sealed and delivered by (name of the grantor) whose signa- 
 ture is thereto affixed as grantor; that RICHARD ROE, the 
 other subscribing witness thereto was likewise present at 
 said time and witnessed said execution of said deed, and 
 that he, the said JOHN SMITH and the said RICHARD 
 ROE, then and there signed the same as attesting wit- 
 nesses. 
 
 Sworn to and subscribed before me this day of 
 
 19.... 
 
 (Your signature and title). 
 
 HAWAII— 
 
 Use New York form, but add thereto after the words, 
 "executed the same," to read as follows: "... executed 
 the same as (his or their) free act and deed." For corpora- 
 
 79 
 
tions, add: "... acknowledged said instrument to be the 
 free act and deed of said corporation." 
 
 IDAHO— 
 
 Individual. 
 
 Use New York forms, biit substitute for "the individual 
 described in'' the following: "... the person whose name is 
 subscribed to the within instrument." 
 
 Corporation. 
 
 On this day of , in the year 19 , before 
 
 me (your name and title) personally appeared (name of 
 officer), the President (or Secretary) of the corporation that 
 executed the within instrument, and acknowlelged to me that 
 such corporation executed the same. 
 
 (Your signature and title). 
 
 ILLINOIS — Seal must be used. (Notary's) scrawl seal 
 sufficient. 
 
 Individual. 
 
 I (your name and title), do hereby certify that JOHN 
 SMITH, personally known to me to be the same person 
 whose name is subscribed to the foregoing instrument, ap- 
 peared before me this day in person, and acknowledged that 
 he signed, sealed and delivered the said instrument as his 
 free and voluntary act, for the uses and purposes therein 
 set forth. 
 
 Given under my hand and seal, this day of 
 
 A.D. 19.... 
 
 (Seal) (Your signature and title). 
 
 Corporation. 
 
 I (your name and title), do hereby certify that (name of 
 president or other officer), of the above named (name of 
 corporation), personally known to me to be the same person 
 
whose name is subscribed to the foregoing instrument as 
 such (president or other officer), appeared before me this 
 day in person and acknowledged that he signed, sealed, and 
 delivered the said instrument as the free and voluntary act 
 of said (name of corporation), and as his own free and 
 voluntary act as such (president or other officer), for the 
 uses and purposes therein set forth. 
 
 Given under my hand and official seal this day 
 
 of , 19.... 
 
 (Seal) (Your signature and title). 
 
 INDIANA — Seal is necessary. 
 Individual. 
 
 Be it remembered that on this day of 
 
 A.D. 19 before me (your name and title), duly commis- 
 sioned and qualified, personally appeared JOHN SMITH, 
 the grantor in the foregoing deed, and acknowledged the 
 execution of same. 
 
 In witness whereof I have hereunto set my hand and 
 affixed my official seal the day and year aforesaid. 
 
 (Seal) (Your signature and title). 
 
 Corporation. i 
 
 Be it remembered that on this day of , 
 
 A.D. 19...., before me, the undersigned, a (give your title) 
 aforesaid, personally appeared (president or chief officer), 
 and he acknowledged the execution of the foregoing intiu- 
 ment on behalf of the said company as the voluntary act 
 and deed of the said company for the uses and purposes 
 therein set forth. 
 
 In witness whereof, I have hereunto set my hand ■ and 
 seal the day and year first above written. 
 
 (Seal) (Your signature and title). 
 
 81. 
 
IOWA — Notary must have seal. No witnesses necessary. 
 IndividuaL 
 
 On this day of A.D. 19 before me 
 
 personally appeared JOHN SMITH, to me known to be the 
 person named in and who executed the foregoing instru- 
 ment, and acknowledged that he executel the same as his 
 voluntary act and deed. 
 
 (Your signature and title). 
 
 Corporation. 
 
 On this day of A.D. 19 , before me 
 
 personally appeared (name of officer), to me personally 
 know, who being by me duly sworn, did say that he is 
 the (title of officer) of (describing the corporation) and that 
 the seal affixed to said instrument is the corporate seal of 
 the said corporation, and that said instrument was signed 
 and sealed in behalf of said corporation by authority of its 
 Board of Directors (or trustees), and said (name of officer) 
 acknowledged said instrument to be the voluntary act and 
 deed of said corporation. 
 
 (Your signature and title). 
 
 KANSAS — Notary must attach seal. 
 Use New York forms. 
 
 KENTUCKY— Seal must be attached. 
 Expiration of Notary's commission must be given. 
 
 Individual. 
 
 I (your name and title), do certify that this instrument 
 in writing -from (give names of grantors) was this day pro- 
 duced to me in my county by the parties, and acknowledged 
 by the said (give names) to be his (or their) act and deed. 
 
 Given under my hand and seal of office this day 
 
 of 19..,. 
 
 (Seal) (Your signature and title). 
 
 82 
 
Corporation. 
 
 I (your name and title), do certify that on the first day 
 
 of , 19 ..., the foregoing instrument in writing 
 
 was produced to me in my county by the parties thereunto, 
 and acknowledged and delivered before me by JOHN 
 SMITH as president and Richard Roe as secretary of the 
 (give name of corporation), a corporation party thereunto, 
 to be the act and deed of said corporation by them as 
 president and secretary respectively, and the seal of said 
 corporation as affixed to said deed was attested and proven 
 before me by said RICHARD ROE as secretary of said 
 corporation. 
 
 Given under my hand and seal of office. 
 
 (Your signature and title). 
 
 LOUISIANA — Two witnesses necessary. Notary can- 
 not act as one of the witnesses. Witnesses should sign 
 both the instrument itself and the affidavit or acknowledg- 
 ment. If a deed, it must be signed by both Grantor and 
 Grantee. Do not use pasters. 
 
 Individual. 
 
 Before me, the undersigned authority, personally came 
 and appeared JOHN SMITH, to me personally known, 
 who signed the foregoing document before me and in the 
 presence of the two subscribing legal witnesses, and ac- 
 knowledged in the presence of said witness that he had 
 signed the above and foregoing as his voluntary act and 
 deed, and for the uses and purposes therein set forth. 
 
 In faith whereof, I have hereunto set my hand and seal 
 
 of office this day of , 19. ., at (give name 
 
 of city). 
 
 (Signatures of the same two witnesses). 
 
 (Seal) (Your signature and title). 
 
 Corporation. 
 
 No special form required by statute. 
 83 
 
MAINE — Must use seal scroll is not sufficient. (Parties 
 to instrument.) 
 
 One witness is usual, but not required. 
 
 Notaries must have a seal attached. 
 
 Use CONNECTICUT forms. 
 
 Note. — Commissioners of Deeds for the City of New 
 York are not recognized under Maine statutes. 
 
 Do not use pasters. 
 
 MARYLAND — Commissioners of Deeds of New York 
 City not recognized. 
 
 Notary must affix his seal, and when he does so, no other 
 authentication is required. 
 
 At least one witness is required. 
 
 No wafer is required; scroll is sufficient. 
 
 Individual. 
 
 I hereby certify that on this day of 
 
 in the year 19...., before me (your name and title) per- 
 sonally appeared JOHN SMITH, and did acknowledge the 
 aforegoing deed (or other instrument) to be his act. 
 
 In testimony whereof I have hereunto subscribed my 
 name and affixed my official seal the day and year first 
 above written. 
 (Seal) (Your signature and title). 
 
 Corporation. 
 
 Use New York form. 
 
 MASSACHUSETTS— Notary must use seal. 
 
 Parties should use seal. Scroll not sufficient. 
 
 Individual. 
 
 On this day of 19 , before me per- 
 sonally appeared JOHN SMITH, to me known to be the 
 person described in and who executed the foregoing in- 
 strument, and acknowledged that he executed the same 
 as the free act and deed. 
 
 (Your signature and title). 
 
 84 
 
Corporation. 
 
 On this day of , 19. . ., before me ap- 
 peared (name of ofiicer), to me personally known, who, 
 being by me duly sworn, did say that he is the President 
 (or other oflficer) of (give name of corporation), and that 
 the seal affixed to said instrument is the corporate seal of 
 said corporation, and that said instrument was signed and 
 sealed in behalf of said corporation by authority of its 
 Board of Directors (or trustees), and said (name of officer) 
 acknowledged said instrument to be the free act and deed 
 of said corporation. 
 
 (Your signature and title). 
 
 MICHIGAN — Two witnesses necessary. 
 
 When notary has no seal, authentication is necessary by 
 County Clerk. 
 
 Use seal or scroll to signatures. 
 
 Use MASSACHUSETTS forms. 
 
 MINNESOTA — Two witnesses necessary. 
 
 Date of expiration of Notary's commission must be stated. 
 ( My Commission expires , 19...) 
 
 Use MASSACHUSETTS forms. 
 
 MISSISSIPPI — Notary's seal is sufficient authentication. 
 Two witnesses should sign. 
 Use ILLINOIS forms. 
 
 'MISSOURI — No witnesses necessary. Notary must use 
 seal. 
 
 Notary must state expiration of his term. (My com- 
 mission expires , 19. . .) 
 
 Individual. 
 
 On this day of , A.D. 19 ..., before me 
 
 personally appeared JOHN SMITH, to me known to be 
 the person described in and who executed the foregoing 
 
 85 
 
instrument, and acknowledged that he executed the same 
 as his free act and deed. 
 
 In witness whereof I have hereunto set my hand and 
 affixed my official seal the day and year aforesaid. My 
 
 commission expires on the '. .day of , 19. . . 
 
 (Seal) (Your signature and title). 
 
 Corporation. 
 
 On this day of A.D. 19. . ., before me 
 
 appeared JOHN SMITH, to me personally known, who, 
 being by me duly sworn, did say that he is the President 
 (or other officer) of (describe the corporation), and that 
 the seal affixed to the foregoing instrument is the corporate 
 seal of said corporation, and that said instrument was 
 signed and sealed in behalf of said corporation by author- 
 ity of its Board of Directors (or trustees), and that said 
 JOHN SMITH acknowledged said instrument to be the 
 free act and deed of said corporation. 
 
 In witness whereof I have hereunto set my hand and 
 affixed my official seal the day and year aforesaid. My 
 
 commission expires on the day of , 19. . . 
 
 (Seal) (Your signature and title). 
 
 MONTANA — ^Notary should use seal. No authentication 
 by county clerk necessary. Address of Notary. 
 Use-MISSOURI forms. 
 
 NEBRASKA — Two witnesses necessary. 
 Notary's seal is sufficient authentication. 
 Notary must state date of expiration of commission. 
 Use NEW YORK forms. 
 
 NEVADA — Notary must have seal. 
 
 Scroll is sufficient seal. 
 
 No authentication necessary when seal is used by Notary. 
 
 Witnesses are not required, except where persons make 
 their ''mark.'' One witness sufficient. 
 
 86 
 
Individual. 
 
 On this day of , A.D. 19..., personally 
 
 appeared before me (give your title), in and for the county 
 and State aforesaid, known to me to be the person de- 
 scribed in and who executed the foregoing instrument, who 
 acknowledged to me that he executed the same freely and 
 voluntarily and for the uses and purposes therein men- 
 tioned. 
 (Seal) (Yours signature and title). 
 
 Corporation. 
 
 On this day of , A.D. 19. . ., personally 
 
 appeared before me a (give title) in and for the county 
 and State aforesaid, JOHN SMITH, known to me to be 
 the President (Vice-President or Secretary) of the cor- 
 poration that executed the foregoing instrument, and upon 
 oath did depose that he is the officer of said corporation 
 as above designated; that he is acquainted with the seal 
 of said corporation and that the seal affixed to said in- 
 strument is the corporate seal of said corporation; that the 
 signatures to said instrument were made by officers of 
 said corporation as indicated after said signatures and 
 that the said corporation executed the said instrument 
 freely and voluntarily and for the uses and purposes therein 
 mentioned. 
 
 (Your signature and title). 
 
 NEW HAMPSHIRE — At least one witness is necessary 
 See Laws of 1915. 
 
 Notary's seal is sufficient authentication. 
 Use IOWA forms. 
 
 NEW JERSEY— 
 Individual. 
 
 Be it remembered, that on this day of 
 
 A.D. 19..., before me (insert your name and title) per 
 sonally appeared JOHN SMITH, who, I am satisfied, is 
 
 87 
 
the (grantor, mortgagor, etc.) named in and who exe- 
 cuted the within indenture, and, I having first made known 
 to him the contents thereof, did thereupon acknowledge 
 that he signed, sealed, and delivered the same as his 
 voluntary act and deed, for the uses and purposes therein 
 expressed. 
 
 In witness whereof I have hereunto set my hand an 
 affixed my official seal the day and year aforesaid. 
 (Seal) (Your signature and title). 
 
 Man and wife. 
 
 Be it remembered, that on this day of , 
 
 A.D. 19..., before me (insert your name and title) per- 
 sonally appeared JOHN SMITH and MARY SMITH, his 
 wife, who, I am satisfied, are the (grantors, mortgagors, 
 etc.) named in and who executed the within indenture, and, 
 I having first made known to them the contents thereof, 
 they did thereupon severally acknowledge that they signed, 
 sealed, and delivered the same as their voluntary act and 
 deed, for the uses and purposes therein expressed. 
 
 And the said MARY SMITH, wife of said JOHN 
 SMITH, being by me privately examined separate and 
 apart from her said husband, did further acknowledge that 
 she signed, sealed, and delivered the same as her voluntary 
 act and deed, freely, without any fear, threats, or com- 
 pulsion of or from her said husband. 
 
 In witness whereof I have hereunto set my hand and 
 affixed my official seal the day and year aforesaid. 
 
 (Seal) (Your signature and title). 
 
 Note. — Signature of wife must be acknowledged. It can- 
 not be proved by subscribing witness. 
 
 Corporation. 
 
 Be it remembered, that on this day of 
 
 A. D. 19..., before me (your name and title) personally 
 appeared (name of ofificer), who, being by me duly sworn, 
 doth depose and make proof to my satisfaction that he is 
 
the Secretary of, and well knows the seal of (name of cor- 
 poration), the (grantor, etc.) named in the foregoing in- 
 strument; that the seal thereto affixed is the proper cor- 
 porate seal of the said corporation, and that the same was 
 so affixed thereto, and the said instrument signed and 
 delivered by (name of officer), President of said corpora- 
 tion, in the presence of said deponent, as the voluntary 
 act and deed of the said corporation, and that the said 
 deponent thereupon signed the same as subscribing witness. 
 Subscribed and sworn to before me, the day and year 
 first above written. 
 (Seal) (Your signature and title). 
 
 Subscribing witness. 
 
 Be it remembered, that on this day of , 
 
 A. D. 19..., before me (your name and title) personally 
 appeared JOHN SMITH, who, being by me duly sworn 
 according to law, on his oath saith, that he saw (name of 
 party executing instrument) the within named (grantor, 
 etc.) sign, seal, and deliver the within indenture as his 
 voluntary act and deed, and that he, the said JOHN 
 SMITH, subscribed his name to the same, at the same 
 time, as an attesting witness. 
 
 In witness whereof I have hereunto set my hand and 
 affixed my official seal the day and year first above written. 
 (Seal) (Your signature and title). 
 
 NEW MEXICO — Notaries only. Must use seal. 
 Use MASSACHUSETTS forms. 
 
 NEW YORK — Deeds should contain post-office address 
 of grantee. 
 
 Individual. 
 
 On this day of in the year on thou- 
 sand nine hundred and before me personally came 
 
 JOHN SMITH, to me known and known to me to be the 
 individual described in and who executed the foregoing 
 instrument, and acknowledged that he executed the same. 
 
 (Your signature and title). 
 
 89 
 
Corporation. 
 
 On this ....'. day of , in the year on thou- 
 sand nine hundred and , before me personally came 
 
 (name of officer), to me known, who, being by me duly 
 sworn, did depose and say, that he resides in (address of 
 officer) ; that he is the (title of office) of (name of cor- 
 poration), the corporation described in and which executed 
 the foregoing instrument; that he knows the corporate 
 seal of said corporation; that the seal affixed to said in- 
 strument 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. 
 
 (Your signature and title). 
 
 Subscribing witness. 
 
 On this day of , in the year on thou- 
 sand nine hundred and before me personally came 
 
 (name of subscribing witness), subscribing witness to the 
 foregoing instrument, with whom I am personally ac- 
 quainted, who, being by me duly sworn, did depose and 
 say, that he resides in (give address); that he knows 
 (give name of party executing instrument), the individual 
 described in and who executed the foregoing instrument: 
 that he, said subscribing witness, was present and saw (him 
 or her) execute and deliver the same, and that he, said 
 witness, thereupon at the same time subscribed his name 
 as witness thereto. 
 (Seal) (Your signature and title). 
 
 Power of Attorney. 
 
 On this day of , in the year on thou- 
 sand nine hundred and before me personally came 
 
 (name of attorney), to me known and known to me to be 
 the attorney in fact of (name), the individual described in 
 and who by his (or her) said attorney in fact executed the 
 foregoing instrument, and duly acknowledged before me 
 that he executed the same as the act and deed of (name) 
 
 90 
 
therein described, and for the uses and purposes therein 
 mentioned,* by virtue of a power of attorney duly executed 
 by said (name), dated (give date of power of attorney) and 
 recorded in the oflfice of the Register of the County of 
 (give county wherein recorded) on (give date of record- 
 ing) in Liber (give number of liber) of Powers of Attorney, 
 page (insert page number). 
 
 (Seal) (Your signature and title). 
 
 * Note. — Words following star (♦) necessary only when 
 power of attorney is recorded. 
 
 NbRTH CAROLINA— Seal should be used (Notary's). 
 Individual. 
 
 I (your name and official title), do hereby certify that 
 (give name or names) personally appeared before me this 
 day and acknowledged the due execution of the foregoing 
 instrument. (If husband and wife execute instrument, add 
 the following): and the said (give name of wife), wife of 
 (give name of husband), being by me privately examined, 
 separate and apart from her said husband, touching her 
 voluntary execution of the same, doth state that she signed 
 the same freely and voluntarily, without fear or compulsion 
 of her said husband, or any other person, and that she doth 
 still voluntarily assent thereto. 
 
 Witness my hand and seal this day of 
 
 A.D. 19.... 
 
 (Seal) (Your signature and title). 
 
 Corporation. 
 
 This day of , A.D. 19 personally 
 
 came before me (your name and title) JOHN SMITH 
 (attesting Secretary), who, being by me duly sworn, says 
 that he knows the common seal of (give name of corpora- 
 tion), and is acquainted with RICHARD ROE, who is 
 President of said corporation, and that he, said JOHN 
 
 91 
 
SMITH, is the Secretary of sair corporation and saw the 
 said President sign the foregoing instrument, and saw the 
 said common seal of said corporation affixed to said in- 
 strument by said President, and that he, the said JOHN 
 SMITH, signed his name in attestation of the execution 
 of said instrument in the presence of said President of 
 said corporation. 
 (Seal) (Your signature and title). 
 
 NORTH DAKOTA— Use seal. No authentication neces- 
 sary. 
 
 Use NEW YORK forms. 
 
 OHIO — Two witnesses necessary. 
 
 Do not paste acknowledgment to instrument; write on 
 the SAME sheet signatures appear. 
 
 Use ILLINOIS forms. 
 
 OKLAHOMA— Use ILLINOIS forms. 
 Date of expiration. 
 
 OREGON— Use your seal. 
 Two witnesses are required. 
 
 Use scrolls or wafers after signatures of parties. 
 Use Illinois forms. 
 
 PENNSYLVANIA — One or more witnesses should sign. 
 Use scroll or wafers. 
 Notary should state date of expiration of commission. 
 
 Individual or man and wife. 
 
 On the day of , A. D. 19 , before me, 
 
 the subscriber, a (give your title), personally appeared 
 the above named JOHN SMITH and MARY SMITH, his 
 wife, and in due form of law acknowledged the above in- 
 denture to be their and each of their act and deed and de- 
 sired the same might be recorded as such. 
 
 Witness my hand and seal the day and year aforesaid. 
 (Your signature and the title and expiration 
 (Seal) of commission). 
 
 92 
 
Corporation. 
 
 Be it remembered that on the day of , 
 
 A.D., 19...., before me (your name and title), personally 
 came JOHN SMITH, who, being duly sworn, according to 
 law, doth depose and say that he was personally present 
 and did see the common or corporate seal of the above 
 named (name of corporation) affixed to the foregoing 
 indenture; that the seal so affixed is the common or cor- 
 porate seal of the said (name of corporation), and was so 
 affixed by the authority of the said corporation as the act 
 and deed thereof. That the above named (name of other 
 officer signing instrument) is the President of the said 
 corporation, and did sign the said indenture as such, in 
 the presence of this deponent. That this deponent is the 
 Secretary of tlie said corporation, and the name of this 
 deponent, above signed in attestation of the due execution 
 of the said indenture, is of this deponent's own proper 
 handwriting. 
 
 Sworn to and subscribed before me the day and year 
 aforesaid. 
 
 (Your signature and title and date of 
 (Seal) expiration of commission). 
 
 PORTO RICO — Two witnesses,, who are not related to 
 the parties or to the Notary. 
 
 Give full name of parties, including domicile. 
 
 Use NEW YORK forms. 
 
 Use Notary's Seal. 
 
 RHODE ISLAND — At least one witness required. 
 No proof by subscribing witness. 
 
 Individual. 
 
 Be it remembered, that on this day of , 
 
 A.D. 19..., before me (your name and title), personally 
 appeared the above named JOHN SMITH, personally 
 known to me, and known to me to be the same person 
 executing the foregoing instrument, and acknowledged the 
 
 93 
 
said instrument by him signed to be his free and voluntary 
 act and deed. 
 
 In witness whereof I have set my hand and seal at (give 
 State, city and county), the day and year above written. 
 (Seal) (Signature and title). 
 
 Corporation. 
 
 Use NEW YORK form. 
 
 SOUTH CAROLINA— Two witnesses necessary. 
 
 Use seals (wafer) after signatures. 
 
 One of the witnesses makes an affidavit in the following 
 form. (Note. — The actual grantor does not acknowledge 
 to the Notary) : 
 
 Individual. 
 
 Personally appeared before me RICHARD ROE, and 
 made oath that he saw the within named JOHN SMITH 
 sign, seal, and as his act and deed deliver the within in- 
 strument for the uses and purposes therein mentioned, and 
 that he, said RICHARD ROE, with JOHN DOE, in the 
 presence of each other, witnessed the due execution 
 thereof. 
 
 Signed RICHARD. ROE. 
 
 Sworn to before me, this day of , 
 
 A.D. 19,... 
 
 (Seal) (Your signature and title). 
 
 Corporation. 
 
 The attest should be as follows: 
 
 In witness whereof, the said (give name of corporation) 
 has caused its corporate seal to be hereunto affixed, and 
 these presents signed by its president (or other officer), 
 
 this day of A.D. 19.... 
 
 THE A. B. C. CO., 
 (Signature of two witnesses) By J. S., Prest. 
 
 The acknowledgment should be as follows: 
 
 Personally appeared before me RICHARD ROE and 
 
 94 
 
made oath that he saw JOHN MITH, as President, sign, 
 seal and affix the corporate seal of the within named (name 
 of corporation), and as the act and deed of said corpora- 
 tion deliver the within instrument; and that he, with (name 
 of other witness), witnessed the execution thereof. 
 
 Signed RICHARD ROE. 
 
 Subscribed and sworn to before me, this day of 
 
 A.D. 19.... 
 
 (Seal) (Your signature and title). 
 
 SOUTH DAKOTA — Deeds should contain the post office 
 address of the grantee. 
 
 Use Notary seal; no other authentication necessary. 
 
 Individual. 
 
 Use NEW YORK form. 
 
 Corporation. 
 
 On this day of in the year 19 
 
 before me (your name and title), personally appeared 
 JOHN SMITH, personally known to me to be the Presi- 
 dent (or Secretary) of the (name of corporation), de- 
 scribed in and that executed the within instrument, and 
 acknowledged to me that such corporation executed the 
 same. 
 
 (Your signature and title). 
 
 TENNESSEE — Two subscribing witnesses necessary. 
 
 Seal of Notary must be affixed. 
 
 N"o authentication necessary if seal is affixed. 
 
 Note. — In conveying real property, if the wife has a 
 separate estate therein, she cannot acknowledge convey- 
 ance of such land before a Notary or commissioner; it 
 should be acknowledged before a "judge, chancellor, or 
 clerk of the county court." S. C, Chap. 2446.) 
 
 Use NEW JERSEY forms for individuals or man and 
 wife. 
 
 For a corporation, use the following: 
 
 95 
 
Before me (give your title), personally appeared JOHN 
 SMITH, with whom I am personally acquainted and who 
 upon oath acknowledged himself to be the President (or 
 other officer) of the (give name of corporation), the within 
 named bargainor, and that he, as such President being 
 authorized to do so, executed the foregoing instrument for 
 the purposes therein contained by signing the name of the 
 corporation by himself as President. 
 
 Witness my hand and seal of office in (name of city 
 
 and county), this day of , 19. . . . 
 
 (Seal) (Your signature and title). 
 
 TEXAS— Two witnesses. 
 Individual. 
 
 Before me (your name and title), on this day, personally 
 appeared JOHN SMITH, known to me to be the person 
 whose name is subscribed to the foregoing instrument, and 
 acknowledged to me that he executed the same for the 
 purposes and consideration therein expressed. 
 
 Given under my hand and seal of office this day of 
 
 ,A.D. 19.... 
 
 (Seal) (Your signature and title). 
 
 Note. — When husband and wife convey, the wife's ac- 
 knowledgment must be separate from the husband, and 
 in the following form: 
 
 Before me (your name and title), on this day, personally 
 appeared ANNA SMITH, wife of JOHN SMITH, known 
 to me to be the person whose name is subscribed to the 
 foregoing instrument, and having been examined by me 
 privily and apart from her husband, and having the same 
 fully explained to her, she, the said ANNA SMITH, ac- 
 knowledged such instrument to be her free act and deed 
 and declared that she had willingly signed the same to be 
 her act and deed, and declared that she had willingly 
 signed the same for the purposes and consideration therein 
 expressed, and that she did not wish to retract it. 
 
 96 
 
Given under my hand and seal of office this day 
 
 of , A.D. 19.... 
 
 (Seal) (Your signature and title). 
 
 Corporation. 
 
 Before me (your name and title), personally came (name 
 of corporation), by its President (or other ofificer), JOHN 
 SMITH, known to me to be the person whose name is 
 subscribed to the foregoing instrument as -President (or 
 other officer), and who acknowledged the same to be the 
 act of said corporation, and that he executed the same for 
 the purposes and consideration therein expressed. 
 
 Given under my hand and seal of office this day 
 
 of A.D. 19.... 
 
 (Seal) (Your signature and title). 
 
 UTAH — At least one witness required. 
 Use Notary seal. No authentication. 
 Date of expiration of commission should be stated. 
 Use NEW YORK forms. 
 
 VERMONT — Use either wafer or scroll (LS) aftersigna- 
 tures. 
 
 Use Notarial seal. No further authentication. 
 
 Note. — No subscribing witness acknowledgment may be 
 taken outside the State of Vermont. 
 
 Individual or man and wife. 
 
 At (give, State and county), on this day of 
 
 , 19 personally appeared JOHN SMITH and 
 
 ANNA SMITH, his wife, signers and sealers of the above 
 instrument, and acknowledged the same to be their free 
 act and deed. 
 
 Before me, 
 (Seal) (Your signature and title). 
 
 97 
 
Corporation. 
 
 At (give city, State and cotinty), on this day of 
 
 , 19 , personally appeared JOHN SMITH, 
 
 who has executed the foregoing written instrument as the 
 duly authorized agent of (give name of corporation), and 
 acknowledged the same to be the free act and deed of said 
 corporation, and that he, as such agent, freely executed 
 the same. 
 
 Before me, 
 (Seal) (Your signature and title). 
 
 VIRGINIA — Use wafers or scroll (LS) after signatures. 
 
 Two witnesses required. If acknowledged by witnesses, 
 
 it must be done before Commissioner appointed for the 
 
 State of Virginia. 
 
 Individual or man and wife. 
 
 I, (name and title of notary), do hereby certify that 
 (name of person), whose name is signed to the writing 
 above bearing date (insert date of instrument), has this 
 day acknowledged the same before me in my county and 
 
 state aforesaid. Given under my hand this day of 
 
 19 
 
 (Signature and title of notary). 
 Date of expiration of term. 
 
 Corporation. 
 
 I, (name and title of notary), do hereby certify that 
 JOHN SMITH, President, and RICHARD ROE, Secre- 
 tary respectively of the (insert name of corporation), 
 whose names are signed to the foregoing writing, bearing 
 date (insert date of instrument), have .acknowledged the 
 same before me, in my county aforesaid. And I further 
 hereby certify, at the same time and place, the said 
 
 RICHARD ROE, Secretary of the said 
 
 Corporation acknowledged that the seal affixed to said 
 
 98 
 
writing is tlie common and corporate seal of the said cor- 
 poration. 
 
 Given under my hand and seal this day of 
 
 19.... 
 
 (Signature and title of notary). 
 Date of expiration of term. 
 
 WASHINGTON— Notary should use seal, and should 
 give his residence. 
 
 Use ILLINOIS forms. 
 
 WEST VIRGINIA— Use wafers or scroll (LS) after sig- 
 natures. 
 
 Notary must use seal. 
 
 Expiration of commission should be stated. 
 
 Individual or man and wife. 
 
 I (give your name and title), do certify that JOHN 
 SMITH and ANNA SMITH, his wife, whose names are 
 
 signed to the writing above, bearing date the day 
 
 of , 191.., have this day acknowledged the same 
 
 before me in my said (give county). 
 
 Given under my hand and official seal, this day 
 
 of , 191... 
 
 (Seal) (Your signature and title). 
 
 Note. — If wife acknowledges separately, specify "ANNA 
 SMITH, wife of John Smith." 
 
 Corporation. 
 
 I (give your name and ttitle), do certify that JOHN 
 SMITH personally appeared before me in my said (give 
 county), and being by me duly sworn, did depose and say 
 that hs is the President (or other officer) of the corpora- 
 tion described in the writing above, bearing date the 
 
 day of 191.., authorized by said corporation to 
 
 execute and acknowledged deeds and other writings of 
 said corporation, and that the seal affixed to said writing 
 
 99 
 
is the corporate seal of said corporation, and that said 
 writing wa ssigned and sealed by him in behalf of the said 
 corporation by its authority duly given. And the said 
 JOHN SMITH acknowledged the said writing to be the 
 act and deed of said corporation. 
 
 Given under my hand and official seal, this day 
 
 of , 191... 
 
 (Seal) (Your signature and title). 
 
 WISCONSIN— Use wafer or scroll (LS). 
 
 Two subscribing witnesses necessary. 
 
 Notary's seal must be affixed. 
 
 Day, month and year of expiration of commission should 
 be stated. 
 
 No authentication if seal of Notary is attached. 
 
 Note. — ^No subscribing witness' acknowledgment is per- 
 mitted out of Wisconsin. 
 Use NEW YORK forms. 
 
 WYOMING — One witness necessary. 
 
 Date of expiration of Notary's commission should be 
 stated. 
 
 When Notary's seal is attached, no further authentica- 
 tion is necessary. 
 
 No subscribing witness' acknowledgment permitted. 
 
 Note. — The following form applies to deeds and mort- 
 gages ONLY. 
 
 Individual. 
 
 I (your name and title), in the State aforesaid, do hereby 
 certify that said JOHN SMITH, personally known to me 
 as the person whose name is subscribed to the annexed 
 instrument, and delivered said instrument of writing as 
 his free and voluntary act, for the uses and purposes therein 
 
 100 
 
set forth, and expressly waived and released all right, title, 
 and benefit of exemption under any and all homestead ex- 
 emption laws, so called, of said State of Wyoming. 
 Note. — In case of man and wife, follow with: 
 And I further certify that ANNA SMITH, wife of the 
 said JOHN SMITH, by me first examined in reference to 
 the signing and acknowledging such instrument (or deed), 
 the nature and effect of said deed being explained to her 
 by me, and that she, being by me fully apprised of her 
 right and of the efifect of signing and acknowledging said 
 deed, did sign the same, and did then acknowledge that she 
 freely and voluntarily signed and acknowledged the same 
 for the uses and purposes therein set forth, and expressly 
 waived and released all her rights and advantages under 
 and by virtue of all laws of said State of Wyoming relat- 
 ing to the exemption of homesteads. 
 
 Given under my hand and official seal, this day 
 
 of A.D. 19.... 
 
 (Seal) (Your signature and title). 
 
 Date of expiration of your commission. 
 On other instruments use ILLINOIS forms. 
 
 1(11 
 
INDEX. 
 
 Acknowledgments. 
 
 Page 
 
 55 
 55 
 55 
 58 
 63 
 64 
 65 
 65 
 
 Definition 
 
 Persons must be present 
 
 Proof of identity 
 
 Method of taking 
 
 Seals of individuals 
 
 Privy examination 
 
 Acknowledgment of act 
 
 In general 
 
 Form of acknowledgment (by states) : 
 
 Alabama 74 
 
 Alaska 75 
 
 Arizona 75 
 
 Arkansas 75 
 
 California 77 
 
 Colorado 77 
 
 Connecticut .... 77 
 
 Delaware 78 
 
 Dist. of Col 78 
 
 Florida 79 
 
 Georgia 79 
 
 Hawaii 79 
 
 Idaho SO 
 
 Illinois 60 
 
 Indiana 81 
 
 Iowa 82 
 
 Kansas 82 
 
 Kentucky 82 
 
 Affidavits. 
 
 Definition 67 
 
 Difference between affidavit and acknowledgment 67 
 
 Identity of persons 67 
 
 Parts of affidavit. .'. 68 
 
 Oath to be administered 69 
 
 Louisiana 
 
 . f3 
 
 Ohio 
 
 . 92 
 
 Maine 
 
 , S4 
 
 Oklahoma 
 
 . 92 
 
 Maryland 
 
 84 
 
 Oregon 
 
 . 92 
 
 Massachusetts . . 
 
 84 
 
 Pennsylvania . . 
 
 . 92 
 
 Michigan 
 
 85 
 
 Porto Rico . . . 
 
 . 93 
 
 Minnesota 
 
 85 
 
 Rhode Island . 
 
 . 93 
 
 Mississippi . . . . 
 
 85 
 
 South Carolina. 
 
 . 94 
 
 Missouri 
 
 S5 
 
 South Dakota . 
 
 . 95 
 
 Montana 
 
 86 
 
 Tennessee . . . . 
 
 . 95 
 
 Nebraska 
 
 86 
 
 Texas 
 
 . 96 
 
 Nevada 
 
 S6 
 
 Utah 
 
 . 97 
 
 New Hampshire. 
 
 87 
 
 Vermonti 
 
 . 97 
 
 New Jersey . . . . 
 
 87 
 
 Virginia 
 
 . 98 
 
 New Mexico . . . 
 
 89 
 
 Washington . . 
 
 . 99 
 
 New York 
 
 89 
 
 West Virginia. . 
 
 . 99 
 
 North Carolina 
 
 91 
 
 Wisconsin .... 
 
 . 100 
 
 North Dakota . . 
 
 92 
 
 Wyoming 
 
 . 100 
 
 Commissioners of Deeds. New York City. 
 
 Eligibility and qualifications 45 
 
 Application blanks 45 
 
 Appointment, how made. . . : 47 
 
.Page 
 
 Reappointment, how made 47 
 
 Examinationas to fitness 47 
 
 Examination question and answers 47 
 
 Wlien qualified to act 49 
 
 Filing transcript with register SO 
 
 Official title 51 
 
 Powers and duties 51 
 
 Liabilities, Civil and Criminal ; Fees and Compensa- 
 tion ; Disabling interest ; Signature, See Notaries 
 Public. 
 
 Seal 52 
 
 Removal 5,^ 
 
 Commissioners of Deeds. Foreign. 
 
 Appointment, etc 53 
 
 Consuls. Foreign 71 
 
 County Clerk's Certificate 73 
 
 Depositions. 
 
 Definition 70 
 
 Notaries Public. 
 
 History of 5 
 
 Purpose of office 6 
 
 Eligibility and qualifications 7 
 
 Application blanks 7 
 
 Appointment, how made 9 
 
 Reappointment 9 
 
 Term of office 10 
 
 Process of qualification 10 
 
 Fees for qualifying H 
 
 Signing of official register 11 
 
 Official numbers, how to be used 12 
 
 Power to act, where 13 
 
 Fees for filing transcripts 13 
 
 Filing transcript by mail 14 
 
 Filing transcript with register 14 
 
 May act throughout the state without filing IS 
 
 Removal from county 16 
 
 Change of name ; by court order ; by marriage 17 
 
 Removal on charges 17 
 
 Definitions of Notary Public 18 
 
Page 
 
 Powers in New York State 19 
 
 Powers under law of other states 19 
 
 Powers under Federal Statutes 20 
 
 Powers under International Law 20 
 
 Examination of Notaries 21 
 
 Cannot accept privileges 21 
 
 Nature of Office ; judicial and ministerial 22 
 
 Drawing of legal papers and documents 24 
 
 May fill out certain instruments 27 
 
 Incomplete instruments 30 
 
 Foreign Powers of Attorney ; Patent Cases 31 
 
 Instruments in foreign language 32 
 
 When county clerk's certificate is refused 32 
 
 Liabilities, Civil 34 
 
 Liabilities, Criminal ; Penal Law provisions 35 
 
 Miscellaneous provisions 36 
 
 Sunday 37 
 
 Fees. Compensation. Within New York State 37 
 
 Outside of New York State. ... 38 
 
 Under Federal Statutes 39 
 
 Fees. Generally. May collect for services 39 
 
 Disabling interest. Disqualifications 40 
 
 Conflicting interest 41 
 
 Official Seal 42 
 
 Records to be kept 43 
 
 Official titles 43 
 
 The Wander Press 
 New York 
 
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