MINNESOTA.- Within the territory [state]; before any judge or commissioner of a court of record, or before any notary public or justice of the peace within the territory.
Without the territory, and within the United States; the deed may be executed according to the laws of the state, territory, or district where executed, and acknowledged before any judge of a oourt of record, notary public, justice of the peace, master in chao cery, or other officer authorized by the laws of the place to take acknowledgments therein, or before a Minnesota commissioner.
In a foreign country, the execution may be ac cording to its laws, and the acknowledgment may be before a notary public therein, or any minister plenipotentiary, extraordinary, or resident, chargi d'affaires, commissioner, or consul of the United States, appointed to reside therein, to be certified under the hand of the officer, and, if he is a notary, under his seal.
A married woman residing in the territory, and joining with her husband in a deed, must, separate and apart from her husband, acknowledge that she executed such deed freely, and without any fear or compulsion from any one. If she resides elsewhere, this is unnecessary.
Proof by witnesses may be taken before any court of record, when the grantor dies, or resides out of the territory, or refuses to acknowledge. Minn. Comp. Stat. (1858) c. 35, 0? 8-26.
Mississicm..— When in the state, deeds may be acknowledged or proved by one or more of the sub scribing witnesses to them, before any judge of the high court of errors and appeals, or a judge of the circuit courts, or judge of probate, any clerk of any court of record who shall certify the same under the seal of his office, or any justice of the peace, or member of the board of police, whether the lands be within his county or not.
When in another state or territory of the United States, such deeds must be acknowledged or proved, as aforesaid, before a judge of the supreme court or of the district courts of the United States, or before any judge of the supreme or superior court of any state or territory in the Union • or any justice of the peace, whose official character shall be certified under the seal of some court of record in his county or by a Miseiesippi commissioner.
When out of the United States, such acknowledg ment or proof may be made before any court of record; or mayor, or other chief magistrate of any city, borough, or corporation of such foreign king dom, state, nation, or colony, or before any ambas sador, secretary of legation, or consul of the United States to the kingdom or state, nation or colony; and the certificate in such cases must show the identity of the party, and that he acknowledged the execution of the deed, or that the execution was duly proved ; or, if made before an ambas sador, minister, or consul, then as suoh acts are usually certified by such officer. In the same way, a married woman residing without the United States may acknowledge her conveyance of lands or right to dower.
The real property or right of dower of a married woman does not pass by her deed, either jointly with her husband or alone, without a previous acknowledgment, oo a private examination apart from her husband, before the proper officer,• that she signed, sealed, and delivered the same as her voluntary act and deed, freely, without any fear, threats, or compulsion of her husband, which the certificate must state. Rev. Code (1857), 311, art. 28-32.