ALABAMA. Acknowledgments and proof may be taken, within the state, before judges of the supreme and circuit courts and their clerks, chancellors, judges of the courts of probate, justices of the peace, and notaries public. Code, 1276. The provisions of the Code respecting the jurisdiction of justices of the peace define it as extending to taking am knowledgments within their respective counties, but do not authorize them to do so without such counties. Code, 712. Without the state and with , in the United States, before judges and clerks of any federal mart, judges of any court of reoord in any state, notaries public, or Alabama comMiesioners. Without the United States, before the judge of any oourt of record, mayor, or chief magistrate of any city, town, borough, or county, notaries publio, or any diplomatic consul or commercial agent of the United States. Id. 0 1277.
The certificate must be in substantially the fol lowing form :—Date. I [ ] hereby certify that [ ], whose name is signed to the foregoing conveyance, and who is known to me, acknowledged before me on this day, that being Informed of the contents of the conveyance, he executed the same voluntarily on the day the same bears date.
Given under my hand this [ ] day of ] Code, 0 1279.
A wife need not be separately examined. Con veyances by married women of lands, stocks, or slaves are inoperative, unless attested by two wit nesses, or so acknowledged. Id. 0 1282.
Notaries public of the state have power also to take acknowledgments of instruments relating to oommerce or navigation. Id. 0 857, subd. 1.
Within the state; before the supreme oourt, the circuit court, or either of the judges there of, or the clerk of either of these courts, or before the county court, or the presiding judge thereof, or be fore any justice of the peace within the state, or notary public. Without the state, and within the United States or their territories; before any court of the United States, or of any state or territory having a seal, or the clerk of any such conrt, or before the mayor of any city or town, or the chief officer of any city or town having a seal of office.
Without the United States ; before any court of any state, kingdom, or empire having a seal, or any mayor or chief officer of any city er town having an official seal, or before any officer of any foreign country, who by the laws of such country is author ized to take probate of the conveyance of real estate of his own country, if such officer has by law an official seal.
An acknowledgment is to be made by the grant or's appearing in person before the court or officer, and stating that he executed the same for the oon sideration and purposes therein mentioned and set forth. If the grantor is a married woman, she must, in the absence of her husband, declare that she had of her own free will executed the deed or instrument in question, or that she bad signed and sealed the relinquishment of dower for the purposes therein contained and set forth, without any com pulsion or undue influence of her husband. Rev. Stat. e. 21; same statute, Gould, Dig. (1858) 267, 00 18,21.
In cases of acknowledgment or proof taken within the United States, when taken before a court or of ficer having a seal of office, such deed or conveyance must be attested under such seal of office; and if such officer have no seal of office, then under his of ficial signature. Rev. Stat. 190; Gould, Dig. 267, 0 14.
In all cases, acknowledgments er proof taken without the United States must be attested under the official seal of the court or officer. Id. 0 15. Every court or officer that shall take the proof or acknowledgment of any deed or conveyance of real estate, or the relinquishment of dower of any mar ried woman in any conveyance of the estate of her husband, shall grant a certificate thereof, and cause such certificate to be endorsed on the instrument, which certificate shall be signed by the clerk of the court where the probate is taken in court, or by the officer before whom the same is taken, and sealed, if he have a seal of office. Id. 0 16.