Cr it may be taken, if the party or witness re side in some other state of the United States, before a judge of any district or circuit court, or the chan cellor of the state, in the manner directed by the laws of the state. This provision applies to deeds of femes covert residing in any other state of the United States. Id. 125, 25, 26.
If the grantor or witnesses reside without the United States, it may he made before any court of law, mayor or chief magistrate of a city, borough, or corporation of the kingdom, state, nation, or colony in which they reside, or any ambassador, public minister, chargé d'affaires, secretary of lega tion, or other representative of the United States at the court thereof, and may be certified as such acts are usually authenticated by such officers. Id. 122, 6; 132, 57, 61.
No estate of a fenie covert passes by her deed without her previous acknowledgment, on a pri vate examination apart from her husband, that she I signed, sealed, and delivered the same, as her vo luntary act and deed, freely, without any fear, threats, or compulsion of her husband, and a cer tificate thereof, written on or under the instrument, signed by the officer. Id. 4.
The mode of making proof in case of the death of parties and witnesses is prescribed by Laws of 1850, 273; Nixon, Dig. 125.
NEW MExico.—Every instrument in writing by which real estate is transferred or affected in law or equity must be acknowledged and certified to as provided by law.
Within the territory; before any court having a seal, before any judge or clerk thereof, or before any justice of the peace of the county in which the land lies. Without the territory, and within the Uni ted States; before any United States court, or the court of any state or territory having a seal, or be fore a clerk of said courts. Without the United Ste tee; before any court of any state, kingdom, or empire having a seal, or before any magistrate, or the su preme power of any city, who may have a seal.
The person making the acknowledgment must be personally known to the officer taking the same to he the one executing the instrument, or his identity must be proved by two witnesses.
The certificate must state the fact of acknowledg• ment and one or the other of the above facts, as the case may be.
Acknowledgments may be made by married wc men before the same officers. In addition to evidence or knowledge of identity, as before stated, the woman must be informed of the contents of the instrument, and must confess, on examination independent of her husband, that she executed the same volun tarily, and without the compulsion or illicit influ ence of her husband ; and the certificate must state the above facto. Laws of 1851, p. 373, 5-13.