KF V 165 A 1893 ~ m CONFERENCE OF COMMISSIONS FOR THE PROMOTION OF UNIFORMITY OF LEGISLATION IN THE UNITED STATES. 1893 OJnrn^U Ham ^rljnnl ICibrary '^oilgrence or , OONFEREN'OE OF COMMISSIONS FOR THE PKOMOTION OF UNIFORMITY OF X^EGISLATION IN THE UNITED STATES. FORMS OF BIILS RECOMMENDED AND RESOLUTIONS ADOPTED. t;.Ar^) New Yokk Commissionebs fok the Promotion of Unifokmity o* Legis- lation IN THE United States : HENRY B. BEEKMAN, President. IRVING BROWNE, WILLIAM L. SNYDIR. Albert E. Hbnschel, Secretary, No. 214 Broadway, New Yoiik City. The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022835429 New York, August 10th, 1893. - Two conferences have been held of Commissions for the promotion of uniformity of legislation in the United States, appointed from the States of New York, Massachu- setts, New Jersey, Pennsylvania, Michigan, Delaware, and Georgia. The first took place at Saratoga Springs, New York, on the 24tli and 35th days of August, 1893, the second at New York City on the 15th and 16th days of No- vember, 1893. The within embraces the conclusions reached upon the subjects which were considered. In some cases the results of the conferences are expressed in the form of legislative bills ; in others they are found in the shape of resolutions expressing the principles embodied in the conclusions reached. As there will be a much larger representation of States at the approaching meeting at Milwaukee, at which it is expected that these subjects will receive renewed discus- sion, the New York Commission has caused the record of the action of the previous conferences to be printed and distributed in advance of the meeting, in the hope that it will be of service to the Commissioners in their delibera- tions. HENRY R. BEEKMAN, Chairman New York Commission for the Promotion of Uniformity of Legislation in the United States. A Uniform Law for the Acknowledgment and Execution of Deeds. AN ACT RELATING TO ACKNOWLEDGMENTS OF WRITTEN INSTRUMENTS. (Enacting Clause.) Section 1. Either the forms of acknowledgment now in use in this State, or the following, may he used in the case of conveyances or other written instruments, whenever such acknowledgment is required or authorized by law for any purpose : (Begin in all cases by a caption specifying the State and place where the acknowledgment is taken. ) 1. In the case of natural persons acting in their own right : On this day of 18 , before me personally appeared A B (or A B and C D), to me known to be the person (or persons) described in and who executed the foregoing instrument, and ac- knowledged that he (or they) executed the same as his (or their) free act and deed. 3. In the case of natural persons acting by attorney : On this day of 18 , before me personally appeared A B, to me known to be the person who executed the foregoing instrument in behalf of C D, and acknowledged that he executed the same as the free act and deed of said C D. 3. In the case of corporations or joint-stock associations : On this day of 18, before me appeared A B, to me personally known, who, being by me duly sworn (or affirmed), did say that he is the president (or other officer or agent of the corpora- tion or association) of (describing the corporation or association), and that the seal affixed to said instru- ment is the corporate seal of said corporation (or asso- elation), and that said instrument was signed and sealed in behalf of said corporation (or association) bj authority of its Board of Directors (or trustees), and said A B acknowledged said instrument to be the free act and deed of said corporation (or association) . (In case the corporation or association has no corporate seal, omit the words "the seal affixed to said instrument is the corporate seal of said corporation (or association), and that," and add, at the end of the affidavit clause, the words " and that said corporation (or association) has no corpo- rate seal.") (In all cases add signature and title of the officer taking the acknowledgment. ) Section 2. The acknowledgment of a married woman when required by law may be taken in the same form as if she were sole, and without any examination separate and apart from her husband. Section 3. The proof or acknowledgment of any deed or other written instrument required to be proved or ac- knowledged in order to enable the same to be recorded or read in evidence, when made by any person without this State and within any other State, Territory or District of the United States, may be made before any officer of such State, Territory or District authorized by the laws thereof to take the proof and acknowledgment of deeds, and, when so taken and certified as herein provided, shall be entitled to be recorded in this State, and may be read in evidence in the same manner and with like effect as proofs and ac- knowledgments taken before any of the officers now au- thorized by law to take such proofs and acknowledgments, and whose authority so to do is not intended to be hereby affected. Section 4. To entitle any conveyance or written instru- ment, acknowledged or proved under the preceding section, to be read in evidence or recorded in this State, there shall be subjoined or attached to the certificate of proof or ac- knowledgment, signed by such officer, a certificate of the Secretary of State of the State or Territory in which such officer resides, under the seal of such State or Territory, or a certificate of the clerk of a court of record of such State, Territory or District in the county in which said officer re- sides or in which he took such proof or acknowledgment, under the seal of such Court, stating that such officer was, at the time of taking such proof or acknowledgment, duly authorized to take acknowledgments and proofs of deeds of lands in said State, Territory, or District, and that said Secretary of State, or Clerk of Court, is well acquainted with the handwriting of such officer, and that he verily be- lieves that the signature affixed to such certificate of proof or acknowledgment is genuine. Section 5. The following form of authentication of the proof or acknowledgment of a deed or other written instru- ment when taken without this State and within any other State, Territory or District of the United States, or any form substantially in compliance with the foregoing provisions of this act, may be used. Begin with a caption specifying the State, Territory or District, and county or place where the authentication is made. I, , Clerk of the in and for said County, which Court is a court of record, hav- ing a seal (or, I, , the Secretary of State of such State or Territory), do hereby certify that by and before whom the foregoing acknowledgment (or proof) was taken, was, at the time of taking the same, a notary public (or other officer) residing (or authorized to act) in said county, and was duly authorized by the laws of said State (Territory or District) to take and certify ac- knowledgments or proofs of deeds of land in said State (Ter- ritory or District), and further that I am well acquainted with the handwriting of said , and that I verily believe that the signature to said certificate of acknowledg- ment (or proof) is genuine. In testimony whereof, I have hereunto set my hand and affixed the seal of the said Court (or State) this day of , IS . Section 6. The proof or acknowledgment of any deed or other instrument required to be proved or acknowledged in order to entitle the same to be recorded or read in evidence, when made by any person without the United States, may be made before any officer now authorized thereto by the laws of this State, or before any minister, consul, vice-con- sul, charge d'affaires, or consular agent of the United States resident in any foreign country or port, and when certified by him under his seal of office it shall be entitled to be re- corded in any county of this State, and may be read in evi- dence in any Court in this State in the same manner and with like effect as if duly proved or acknowledged within this State. A Uniform Law Relative to Sealing and Attestation of Deeds, etc. AN ACT Relating to the Sealing and Attestation of Deeds and Other Written Instruments. (Enacting Clause.) Section 1. In addition to the mode in which such instru- ments may now be executed in this State, hereafter all deeds and other instruments in writing executed by any person or by any private corporation, not having a cor- porate seal, and now required to be under seal, shall be deemed in all respects to be sealed instruments, and shall be received in evidence as such, provided the word " Seal " or the letters "L, S." are added in the place where the seal should be affixed. Section 2. A seal of a court, public officer or corporation may be impressed directly upon the instrument or writing to be sealed, or upon wafer, wax, or other adhesive sub- stance affixed thereto, or upon paper or other similar sub- stance affixed thereto by mucilage or other adhesive sub- stance. An instrument or writing duly executed in the corporate name of a corporation, which shall not have adopted a corporate seal, by the proper officers of the cor- poration under their private seals, shall be deemed to have been executed under the corporate seal. Section 3. No attesting witness shall be necessary for the due execution of any deed or other written instrument conveying lands or any interest therein, provided the same be duly acknowledged. But, in case the same has not been acknowledged, one attesting witness to such instrument shall be sufficient for the validity thereof and for proving the same for record. The following resolutions were adopted on the subject of Marriage and Divorce : Marriage. " Resolved, That it be recommended to the State Legis- latures that legislation be adopted requiring some cere- mony or formality, or written evidence, signed by the parties, and attested by one or more witnesses, in all mar- riages ; provided, however, that in all States where the so- called common law marriage, or marriage without cere- mony, is now recognized as valid, no such marriage, hereafter contracted, shall be valid unless evidenced by a writing, signed in duplicate by the parties, and attested by at least two witnesses. " Resolved, That we recommend to the several Legis- latures further to provide that it shall be the duty of the magistrate or clergyman solemnizing the marriage to file and record the certificate of such marriage in the appro- priate public office. " Resolved, That in cases of common law marriages, So- called, evidenced in writing, as above provided, it shall be the duty of the parties to such marriage to file or cause to be filed such written evidence of their marriage, in an ap- propriate public office, within ninety days after such mar- riage shall have taken place, and that a failure so to do shall be a misdemeanor. " Resolved, That it be further recommended to the Legislatures that in case the certificate last mentioned be not filed as aforesaid, or if no subsequent ratification by both parties, evidenced as aforesaid by like writing, be filed, then neither party shall have any right or interest in the property of the other. "Resolved, That we recommend to all the States that stringent provision be made for the immediate record of all marriages, whether solemnized by a clergyman or magis- trate, or otherwise entered into, and that said provisions be made sufficiently stringent to secure such record and the full identification of the parties. "Resolved, That the age of consent to marriage should be raised to eighteen in the male, and sixteen in the female." Divorce. "Resolved, That it is the sense of this Conference that no judgment or decree of divorce should be granted unless the defendant be domiciled within the State in which the action is brought, or shall have been domiciled therein at the time the cause of action arose, or unless the defendant shall have been personally served with process within said State, or shall have voluntarily appeared in such action or proceeding. "Where the defendant shall not be domiciled in the State in which such action is brought, or shall not have been domiciled therein at the time the cause of action arose, the plaintiff must prove either that the parties have lived together in that State as husband and wife, or that the plaintiff has in good faith resided in said State for at least one year next preceding the commencement of the proceeding. "Resolved, That it is the sense of this Conference that in all libels for divorce for adultery with some person named therein, such person shall be made a co-respondent, and personal service of the libel shall be made upon such per- son, unless it appear to the Court that such service is impracticable. "Resolved, That where a marriage is dissolved both parties to the action shall be at liberty to marry again. "' It was also resolved that the Legislatures of the States be recommended to pass laws in conformity with the fore- going resolutions. A Uniform Law Relative to the Execution of Wills. AN ACT Relating to the Execution op Wills. (Enacting Clause.) FiEST. A last will and testament, executed without this State in the mode prescribed by the law, either of the place where executed or of the testator's domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this State ; provided said last will and testa- ment is in writing and subscribed by the testator. A Uniform Law Relative to the Probate of Foreign Wills. AlSr ACT Relative to the Probate in this State op Foreign Wills. (Enacting Clause.) First. That any will duly admitted to probate without this State, and in the place of the testator's domicile, may be duly admitted to probate and recorded in this State by duly filing an exemplified copy of said will and of the record admitting the same to probate ; and such will shall then have the same force and effect as if originally proved and allowed in this State. A Uniform Law Relative to Days of Grace and Presentment of Bills and Notes. AN ACT AS TO Promissory Notes, Checks, Drafts, and Bills of Exchange. (Enacting Clause.) First. That all promissory notes, checks, drafts and bills of exchange shall hereafter be due and payable as therein provided, without days of grace being allowed. Second. That all promissory notes, checks, drafts or bills of exchange that shall fall due on Sunday or any other legal holiday, shall be payable and presentable for paymient on the secular or business day next succeeding such Sun- day or holiday. A Uniform Standard of Weights and Measure*. 1. The avoirdupois pound to bear to the troy pound the relation of 7,000 to 5,760. The hundredweight to contain 100 of avoirdupois pounds, and the ton 30 hundredweight. •2. The barrel to contain 31^ gallons, and the hogshead two barrels. 3. The dry gallon to contain 383 cubic inches ; the liquid gallon 331 cubic inches. 10 4. The bushel in heap measure to contain 2150.42 cubic inches. 5. A barrel of flour measured by weight shall contain 196 pounds ; a barrel of potatoes, 172 pounds. 6. The bushel of wheat to contain 60 pounds. The bushel of Indian corn, or of rye, 56 pounds The bushel of barley, 48 pounds. The bushel of oats, 32 pounds. The bushel of corn meal, 50 pounds. The bushel of rye meal, 50 pounds. The bushel of peas, 60 pounds. The bushel of potatoes, 60 pounds. The bushel of apples, 48 pounds. The bushel of carrots, 60 pounds. The bushel of onions, 57 pounds. The bushel of clover seed, 60 pounds. The bushel of herdsgrass, or timothy, seed, 45 pounds. The bushel of bran and shorts, 20 pounds. The bushel of flaxseed, 55 pounds. The bushel of coarse salt, 70 pounds. The bushel of fine salt, 50 pounds. The bushel of lime, 70 pounds. The bushel of sweet potatoes, 54 pounds. The bushel of beans, 60 pounds. The bushel of dried apples, 25 pounds. The bushel of dried peaches, 33 pounds. The bushel of rough rice, 45 pounds. The bushel of upland cotton seed, 30 pounds. The bushel of Sea Island cotton seed, 44 pounds. The bushel of buckwheat, 48 pounds. KF 165 aH- 1893 Author jjYS commissioners for the ^grW" motion of uni'j'ormity on legistation M^the US Copy Conf on commissioners.... Date Borrower's Name V--. V