NEBRASKA.- Within this territory ; before some court having a seal, or some judge, justice, or clerk thereof, or some justice of the peace, or notary pub lic.* Without the territory; before a Nebraska com missioner, or before some officer authorized, by the laws of the state or country where the acknowledg meet is made, to take the acknowledgment of deeds.
The certificate must be endorsed upon the instru• went, and must set forth the title of the court or of fiber; that the person making the acknowledgment was personally known to at least one of the judges of the court, or to the officer, to be the identical person whose name is affixed to the deed as grantor, or that such identity was proved by at least one credible witness (naming him); that such person acknowledged the instrument to be his voluntary act and deed.
The certificate of acknowledgment Er proof may be under seal or otherwise, according to the mode by which the court or officer usually authenticates the most solemn official acts. Laws of 1855, 165, 10-16, 18.
The provisions respecting proof by witnesses are the same as those of Iowa, which see, above.
NEVADA.—Every conveyance in writing, whereby any real estate is conveyed or may be affected, must be acknowledged, or proved, and certified as pro vided hy law . Within the territory; by some judge or clerk of a court having a seal, or some notary public or justice of the peace of the proper county. Without the territory, but within the United States; by a judge or clerk of any court of the United States, or of any state or territory having a seal, or by a commissioner appointed by the government of the territory for the purpose. Without the United States; by a judge or clerk of any court of any state, kingdom, or empire having a eeal, or by any notary public therein, or by any minister, commis sioner, or coneul of the United States, appointed to reside therein.
A certificate must be endoised or annexed by the officer taking the acknowledgment under seal of the court, or under the hand and the official seal of the officer taking it, when he has an official seal.
The person making the acknowledgment must be known personally by the officer taking the ac knowledgment, or proved by the oath or affirma tion of a credible witness, to be the person execut ing the instrument, and the fact must be stated in the certificate. The certificate must state, in addi tion, that the execution was made freely and volun tarily, and for the uses and purposes mentioned in the deed or other instrument.
Proof may be made by subscribing witnesses, and, where they are dead or cannot be had, by evi dence of the handwriting of the party.
The subscribing witnesses must be personally known, or their identity established by oath or affirmation of one witness, and must establish that the person whose name is subscribed ae a party is the person described as executing the instrument, did execute it, and that the witness subscribed his name. The certificate must set forth these facts.
Where the officer is satisfied that the subscribing witnesses are dead, proof may he made by a com petent witness who swears or affirms that he knew the person who executed the instrument, knew his signature and believes it to be his, and a witness who testifies in the same manner as to the signa ture of the subscribing witness.
Compulsory process may be had for the attend ance of witnesses.
A deed so acknowledged or proved may be re corded. Nev. Laws of 1861, c. 9, N 3-11.
NEW HAMPSHIRE.—Deeds are not valid, except as against the grantor and his heirs, unless attested by two or more witnesses, acknowledged and re corded. Acknowledgments are to be before a jus tice of the peace, notary public, or commissioner, or before a minister or consul of the United States in a foreign country. Comp. Laws (1853), 289.
NEW SERSEY.—Deeds, 16c. must be acknowledged by the party or parties who executed them, the officer having first made known to them the contents, and being also satisfied that such person is the grantor mentioned in said deed, of all which the said officer shall make his certificate; or, if it be proved by one or more of the subscribing witnesses to it, that such party signed, sealed, and delivered the same as hie, her, or their voluntary act and deed, before the chan cellor of the state, or one of the justices of the su preme court, or one of the masters in chancery, or one of the judges of any of the courts of common pleas of the state; and if a certificate of such acknow ledgment or proof shall be written upon or under the said deed or conveyance, and be signed by the person before whom it was made, the same may be received in evidence. Nixon's Dig. 1855, 121, 1. If the grantor or witnesses reside without the state, but within the United States, the acknowledgment or proof may be made before the chief justice of the United States, or an associate justice of the United States supreme court, or a district judge of the same, or any jndge or justice of the supreme or superior court of any state or territory or in the District of Columbia; or before any mayor or chief magistrate of a city, duly certified under the eeal of such city; or before a New Jersey commissioner for the state, territory, or district in which the party or witness resides; or before a judge of a court of common pleas of the state, district, or territory in which the party or witness may he ; and in the latter case a certificate under the groat seal of the state, or the eeal of the county court in which it is made, that the officer is judge of the common pleas, is to be annexed. Id. 5; id. 131, 52.