55-113 - Acknowledgment within the United States or its dependencies. - Virginia Statutes

§ 55-113. Acknowledgment within the United States or its dependencies.

Such court or clerk as is mentioned in § 55-106 shall admit any such writingto record as to any person whose name is signed thereto, exceptacknowledgment of contracts for the sale of real property shall require theseller or grantor of such real property to acknowledge his signature asherein provided, except for contracts recorded after the death of the sellerpursuant to § 64.1-148.

(1) Upon the certificate of such clerk or his deputy, a notary public, acommissioner in chancery, or a clerk of any court of record within the UnitedStates or in Puerto Rico, or any territory or other dependency or possessionof the United States that such writing had been acknowledged before him bysuch person. Such certificate shall be written upon or annexed to suchwriting and shall be substantially to the following effect, to wit:

I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . , clerk (or deputyclerk, or a commissioner in chancery) of the . . . . . . . . . . . . . . . .. . . . . . . . . . . . court, (or a notary public) for the county (orcorporation) aforesaid, in the State (or territory, or district) of . . . . .. . . . . . . . . . . . . . . , do certify that E.F., or E.F. and G.H., andso forth, whose name (or names) is (or are) signed to the writing above (orhereto annexed) bearing date on the . . . . . . . . . . . . . . . . . . . .day of . . . . . . . . . ., has (or have) acknowledged the same before me inmy county (or corporation) aforesaid.

Given under my hand this . . . . . . . . . . . . . . . . . . . . day of . . .. . . . . . . .

(2) Upon the certificate of acknowledgment of such person before anycommissioner appointed by the Governor, within the United States, so writtenor annexed, substantially to the following effect, to wit:

State (or territory, or district) of . . . . . . . . . . . . . . . . . . . .to wit:

I, . . . . . . . . . . . . . . . . . . . . . . . . . . , a commissionerappointed by the Governor of the State of Virginia, for said State (orterritory or district) of . . . . . . . ., do certify that E.F. (or E.F. andG.H., and so forth) whose name (or names) is (or are) signed to the writingabove (or hereto annexed) bearing date on the . . . . . . . . . . . . . . . .day of . . . . . . . . . . . . . . . . has (or have) acknowledged the samebefore me in my State (or territory or district) aforesaid.

Given under my hand this . . . . . . . . . . . . . . . . . . . . day of . . .. . . . . . . .

(3) Or upon the certificate of such clerk or his deputy, a notary public, acommissioner in chancery, or a clerk of any court of record within the UnitedStates, or in Puerto Rico, or any territory or other possession or dependencyof the United States, or of a commissioner appointed by the Governor, withinthe United States, that such writing was proved as to such person, beforehim, by two subscribing witnesses thereto. Such certificate shall be writtenupon or annexed to such writing and shall be substantially to the followingeffect, to wit:

State (or territory, or district) of . . . . . . . . . . . . . . . . . . . .. . . . . . . . ; county (or corporation) of . . . . . . . . . . . . . . . .. . . . . . , to wit: I, . . . . . . . . . . . . ., clerk (or deputy clerk,or a commissioner in chancery) of the . . . . . . . . . . . . . . . . court,(or a notary public) for the county (or corporation) aforesaid, in the State(or territory or district) of . . . . . . . . . . . . . . . . . . . . . . . .. . . . (or a commissioner appointed by the Governor of the State of Virginiafor said State, or territory, or district of . . . . . . . . . . . . . . . .. . . . . . . . . . . .), do certify that the execution of the writing above(or hereto annexed) bearing date on the . . . . . . . . . . . . . . . . dayof . . . . . . . . . . . . . . . . , by A.B. (or A.B. and C.D., and soforth), whose name (or names) is (or are) signed thereto, was proved beforeme in my county (or corporation, or State) aforesaid, by the evidence on oathof E.F. and G.H., subscribing witnesses to said writing.

Given under my hand this . . . . . . . . . . . . . . . . . . . . day of . . .. . . . . . . .

When authority is given in § 55-106 or in this section to the clerk of acourt in or out of this Commonwealth, but within the United States, suchauthority may be exercised by his duly qualified deputy.

(Code 1919, §§ 5205, 5207; 1922, p. 868; 1924, p. 474; 1968, c. 639; 1972, c.130.)