Chap. 138.—An ACT to Amend and Re-enact Section One of an act en-
titled an act to Amend Sections Three and Four, Chapter One Hundred
and Twenty-one, and Section Eight, Chapter One Hundred and Sixty-
three of the Code (edition of eighteen hundred and sixty), in regard to
Acknowledgments of Deeds, passed February 2d, 1867.

Approved June 17, 1870.

1. Be it enacted by the general assembly, That section one
of an act entitled an act to amend sections three and four,
chapter one hundred and twenty-one, and section eight, chap-
ter one hundred and sixty-three of the Code (edition eighteen
hundred and sixty), in regard to acknowledgments of deeds,
passed February second, eighteen hundred and sixty-seven, be
amended and re-enacted so as to read as follows:

Ҥ 8. 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, a commis-
sioner in chancery of a court of record, or a notary public,
within the United States, written on or annexed to the same,
to the following effect, to wit:

“(County or corporation of) to wit: I, , & justice of
the peace (or commissioner in chancery of the court, or
notary public,) for the county (or corporation) aforesaid, in the
state (or territory or district) of , do certify that E.
F, (or E. F. and d. 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 certifi-
cate of acknowledgment of such person, before any commis-
sioner appointed by the governor within the United States, so
written or annexed, to the following effect, to wit: State (or

territory or district) of , towit: I, , & commis-
sioner appointed by the governor of the state of Virginia for
the said state (or territory or district) of ., certify that E.

¥., (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) afore-
said. Given under my hand this day of , Anno
Domini . Or upon the certificate of the clerk of any
county or corporation 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 certificate under the official
seal of 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 of the proper officer of any court of such country, or of the
mayor or other chief magistrate of any city, town, or corporation
therein, that the said writing was acknowledged by such per-
son, or proved as to him by two witnesses, before any person
having such appointment, or before such court, mayor, or chief
magistrate.

Ҥ 4. When a husband and his wife have signed a writing
purporting to convey or transfer any estate, real or personal,
she may appear before a court authorized to admit such writing
to record, or before the clerk thereof in his office; and if, on
being examined prtvily and apart from her husband by the
judge of the court, or by the clerk, and having such writing
fully explained to her, she acknowledge the same to be her
act, and declare that she executed it willingly, and does not
wish to retract it, such privy examination, 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 a commissioner in chancery,
or a notary public, within the United States, or before a com-
missioner appointed within the same by the governor of this
state, and such justices, commissioner in chancery, notary, or
commissioner may so examine her; and if, after such examina-
tion, she may make such acknowledgment and declaration,
shall certify the same on or annexed to the said writing, to the
following effect—that is tosay: State (or territory or district)
of , county (or corporation) of , to wit: I, ;
@ commissioner appointed by the governor of the state of Vir-
ginia for the said state (or territory or district) of , or
we and -_ , justices of the peace, or I, , 2 com-
missioner in chancery of court (or notary 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 an-
nexed), bearing date on the day of » personall
appeared me (or us), in the county (or corporation) aforesaid,
(or if it be a commissioner, 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 ex-
plained 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 acknowledgment and declaration as is so required,
the person having such appointment, 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, ex-
planation, 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. This act shall be in force from its passage.