MASSACHUSETTS. —Acknowledgments of deeds are to be by the grantors, or one of them, or by the attorney executing the same.
They may be taken before any justice of the peace of the state, or before any justice of the peace, magistrate, or notary public, or Massachu setts commissioner, within the United States or in any foreign conntry; or before a minister or consul of the United States in any foreign country. Gen. Stat. (1860) 467, 18, 19.
If the grantor dies, or leaves the state, the exe cution may be proved by a• subscribing witness.
Micnioax..—A deed executed within the state may be acknowledged before any judge or commis sioner of a court of record, or any notary publio, justice of the peace, or master in chancery within the state, or before the comptroller of Detroit or mayor of Flint. The officer must todoree on the deed• a certificate of the acknowledgment, and the time and date of making it, under his hand. A deed executed without the state, and within the United States may be executed according to the laws of the state, territory, or district where executed, and may be acknowledged before any judge of a court of record, notary public, justice of the peace, master in chancery, or other officer, authorized by the laws thereof to take acknowledgments, or before a Michi gan commissioner. In such case, unless the acknow ledgment is taken before a Michigan commissioner, there must be attached a certifioate of the clerk, or other proper certifying officer, of a court of record for the county or district within which the acknow ledgment was taken, under his official seal, that the person subscribing the certificate was, at the date of it, such officer as represented; that he believes the officer's signature to be genuine, and that the deed is executed according to the laws of the state, territory, or district. A deed executed in a foreign
country may be executed according to the laws thereof, and acknowledged before any notary pub lic, or any minister plenipotentiary, extraordinary, or resident; any charge d'affaires, commissioner, or consul of the United States appointed to reside therein.
The acknowledgment of a married woman resid ing within the state must be taken separately and apart from her husband, and she must acknowledge that she executed the deed freely, and without fear or compulsion from any one. The acknowledgment of a married woman residing out of the state of a deed, in which she joins with her husband, may be the same as if she were sole. Rev. Stat. 1846, es.; 2 Comp. Laws (1857), 838, 839, 840 (2727), H. 8-13. If a grantor dies, or leaves the state. or resides out of the state, the execution of the deed may be proved before any court of record by proceedings given by the statute ; and if the grantor is residing in the state, and refuses to acknowledge the deed, he must be summoned to attend. Rev. Stat. 1816, c. 65, so.; 2 Comp. Laws, 1857, 840 (2733), 00 14 20.
The former statutes of Michigan on this subject will be found collected in 2 Comp. Laws, 1857, 847, note.