Chap. 143.—An ACT to amend sections 8 and 4, chapter 121, and section
8, chapter 163 of the Code, (edition of 1860), in regard ‘to Acknow-

led gments: of Deeds.

Passed February 2, 1867.

1. Be it enacted by the general assembly, That section
three of chapter one hundred and twenty-one of the Code,
(edition of eighteen hundred and sixty), and section four of
the same chapter, heretofore amended by the act of Decem-
ber nineteenth, eighteen hundred and sixty-one, be amended
and re-enacted so as to read as follows:

“$38. Such court or clerk shall also admit any such writing
to record, as to any person whose name is signed thereto,
upon a certificate of his acknowledgment before a justice or
notary public within the United States, written on or an-
nexed to the same, to the following effect, to wit: (County
or corporation) of , to wit: I, , & justice
of the peace (or notary public, or commissioner in chancery)
for the county (or corporation) aforesaid, in the state (or ter-
ritory or district) of , do certify that E F, or (E
F and G H, &c.,) whose name (or names) is (or are) signed
to the writing above (or hereto annexed), bearing date on
the day of , has (or have) acknowledged the
same before me in my county (or corporation) aforesaid.
Given under my hand this day of , or upon the
certificate of acknowledgment of such person, before any
commissioner appointed by the governor within the United
States, so written or annexed, to the following effect, to wit:
State (or territory or district) of , to wit: I,

, 2 commissioner appointed by the governor of the
state of Virginia for the said state (or territory or district)
of , certify that E F, (or E F and G H, &c.,) whose
name (or names) is (or are) signed to the writing above (or
hereto annexed), bearing date on the day of ,
has (or have) acknowledged the same before me, in my state
(or territory or district) aforesaid. Given under my hand
this day of , Anno Domini ,or
upon the certificate of the clerk of any county or corpora-
tion court in this state, or of the clerk of any court out of
this state and within the United States, that the said writing
was acknowledged by such person, or proved as to him by
‘two witnesses before such clerk, or before the court of which
he is a clerk, or upon a certificate under the official seal of
any minister plenipotentiary, charge d’affaires, consul general,
consul, vice consul or commercial agent, appointed by the gov-
ernment of the United States to any foreign country, or of
the proper officer of any court.of such country, or of the
mayor or other chief magistrate of any city, town. or corpo-
ration therein, that the said writing was acknowledged by
such person, or proved as to him by two witnesses, before
any person having such appointment, or before such court,
mayor or chief magistrate.

“$4. When a husband and his wife have signed a writing
purporting to convey or transfer any estate, real or personal,
she may appear betore a court authorized to admit such
writing to record, or before the clerk thereof in his office;
and if, on being examined privily and apart from her husband
by one of the justices of the court, or by the clerk, and havy-
ing such writing fully explained to her, she acknowledge the
same to be her act, and declare that she had executed it wil-
lingly, and does not wish to retract it, such privy examina-
tion, acknowledgment and declaration, shall be thereupon
recorded in such court, or in the clerk’s office. Or she may
appear before two justices, who shall be present together, or
two notaries public, who shall be present together, within
the United States, or before a commissioner appojnted within
the same by the governor of this state, and such justices,
1otaries or commissioner, may so examine her; and if, after
uch explanation, she may make such acknowledgment and
leclaration, shall certify the same on or annexed to the said
writing, to the following effect, that 1s to say: State (or ter-
ritory or district) of , county (or corporation)
of , to wit: I, , & commissioner ap-
pointed by the governor of the state of Virginia, for the said
state (or territory or district) of , Lor we
and justices of the peace, (or we and
notaries public) for the county (or corporation) of ,
in the state (or territory or district) of ], do certify
that E F, the wife of G H, whose names are signed to the
writing above (or hereto annexed), bearing date on the
day of , personally appeared before me (or us) in
the county (or corporation) aforesaid, (or if it be a commis-
sioner, in the state or territory or district aforesaid), and
being examined by me (or us) privily ‘and apart from her
husband, and having the writing aforesaid fully explained to
her, she, the said E F, acknowledged the said writing to be
her act, and declared that she had willingly executed the
same, and does not wish to retract it. Given under my
hand (or our hands) this day of , Anno Domini
| Or if the wife be without the United States,
she may appear before any minister plenipotentiary, charge
d'affaires, consul general, consul, vice consul or.commercial
agent, appointed by the government of the United States to
any foreign country, or before any court of such country, or
the mayor or other chief magistrate of any city, town or
corporation therein, who shall examine her, and make such
explanation as is above required where the wife is in the
United States, and if then she make such acknowledgement
and declaration as 18 so -required, the person having such ap-
pointment, or such mayor or chief magistrate, or the proper
officer of such court, shall give a certificate, under his official
seal, of the said examination, explanation and declaration, to
the effect required where the wife is in the United States,
and upon or annexed to such writing in like manner.”
2. That section eight of chapter one hundred and sixty-
three of the Code, (edition of eighteen hundred and sixty),
be amended and re-enacted so as to read as follows:.

“$8. Any clerk of a court may, with its consent, or if he
be clerk of a circuit court, with the consent in writing of the
judge thereof in vacation, appoint a‘deputy who, during his
continuance in office, may discharge any of the duties of the
clerk, except that he shall not take the privy examination,
acknowledgment and declaration of a married woman to a
deed. ,He may be removed from office either by the clerk or
court.” :

8. That the act passed nineteenth December, eighteen hun-
dred and sixty-one, entitled an act to amend and re-enact the
fourth section of chapter one hundred and twenty-one of the
Code of eighteen hundred and sixty, be repealed.

4. This agt shall be in force from the first day of June
next.