ACKNOWLEDGMENT. The act of one who has executed a deed, in going before some competent officer or court and declaring it to be his act or deed.
The acknowledgment is certified by the officer or court ; and the term acknowledgment is sometimes used to designate the certifioate.
The function of an acknowledgment is twofold: to authorize the deed to be given in evidence with out further proof of its execution, and to entitle it to be recorded. The same purposes may he accom plished by a subscribing witness going before the officer or court and making oath to the fact of the execution, which is certified in the same manner; but in some states this is only permitted in case of the death, absence, or refusal of the grantor. In some of the states a deed is void except as between the parties and their privies, unless acknowledged or proved.
The act of the officer in taking an acknow ledgment is ministerial, and not judicial: he is, therefore, not disqualified by a relationship to grantee, 6 N. Y. 422; nor is it competent for him to alter his certificate after it is once made, without a re-acknowledgment.
2. As a general rule, it is held that the cer tificate is sufficient if it show that the require ments of the statute have been complied with in substance, though it fail to follow the words or precise form prescribed. So under a statute
requiring that the officer should endorse the certificate on the conveyance, a certificate not endorsed, but subjoined, was held sufficient. 24 Wend. N. Y. 87.
The following is a statement of the substance of the laws of the several states and territories on this subject. This oompend has been drawn from an original and careful examination of the statutes of every state and territory except those of Maryland and of South Carolina, the later statutes of which were not accessible; and for the articles respecting acknowledgments in those states we are indebted to Chief-Justice Legrand of Maryland, and to Chief Justice O'Neal] of South Carolina. Though it is not to be inferred that every certificate not con forming to the statements of the text is void, an acknowledgment which does conform to them may be deemed as sufficient. In addition to the statutes above cited, there are in many states various act, curing irregularities in acknowledgments and certi fixates.