The Texas Almanac for 1858 Page: 30
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TEXAS ALMANAC.
LAWS AND LEGAL FORMS,
NECESSARY FOR EVERY BODY TO KNOW.
The following forms and laws have been compiled carefully under the direction
of members of the bar, some of them being corrected from the Texas Almanace
for 1857, and republished by request :
FORMS, &c., FOR THE EXECUTION AND AUTHENTICATION OF DEEDS
IN TEXAS.
Deeds must be sealed, unless it is expressly declared in them that a scrawl of
the pen will be made and recognized as a seal. Two witnesses are requisite.
Deeds must be recorded in the office of the ilerk of the County Court in the
County in which the property, or a portion of it, is situated. A mortgage of real
estate must be recorded in the County where such estate is situated within
ninety days from the date thereof, otherwise it will not be a lien. Deeds,
in order .to be recorded, must first be proved by a subscribing witness, or ac-
knowledged by the grantor before a Notary Public, or Clerk of a County Court in
the State; or, if in any other part of the Union, before a Commissioner, appointed
for that purpose by the Governor, or before a Judge of a Court of Record, having
a seal; or, if out of the United States, before a Minister, Charge d'Affaires, or
Consul of the United States. The acknowledgement must be certified under the
hand and seal of the officer before whom such acknowledgement is made. In
the case of a wife conveying her separate estate, she must acknowledge it before a
Judge of the District Court, or Chief Justice of the County Court; or if she only
releases her interest in her husband's estate, the acknowledgement may be made
before any Judge of the Supreme or District Court, or Notary Public, or Commis-
sioner appointed by the Governor for that purpose, if out of the State. In either
case the certificate of acknowledgement must declare that the wife has been pri-
vately and separately examined by the Officer granting the certificate, that the
nature and meaning of the deed was fully explained to her, and thatshbeaknowl-
edged it as her act and deed, and declared that she had willingly, and of her own
accord, and without any fear or compulsion of her husband, signed, sealed and
delivered the same, and had no wish to retract it. The certificate, in other cases,
must state that the grantor appeared before the Officer, and acknowledged that he
executed the instrument for the consideration and purposes therein states.
FORM OF ACKNOWLEDGEMENT.
Cty of Cin~n~ati, County of 81
Ila Iiton, State of Ohio, 8.
Be it remembered, that on this tenth day of January, 1.854, before the sub-
scriber, a Commissioner in and for the State of Ohio, duly commissioned and
authorized by the Governor of the State of Texas, to take the acknowledgement
and proof of deeds, and other instruments of writing, to be used or recorded in
the said State of Texas, and to administer oaths and affirmations, &c., personally
appeared , and , his wife, to me
known to be the individuals named in, and who executed the Toregoing convey-
ance, and acknowledged that she executed the same freely, and without any fear
or compulsion of her said husband.
In testimony whereof, I have hereunto set my hand and affixed my seal of
office, at my office in the City of Cincinnati, the day and year first above written.
[SEAL.1 JAMES BIRNEY,
Commissioner, &c.
FORMS AND INSTRUCTIONS FOR TAKING, CERTIFYING AND RETURN-
ING DEPOSITIONS OF WITNESSES, FOR TEXAS.
Capt ion to Depositions.--City, County and State of New York, as.; In accord-
ance with a commission issued from the office of the clerk of the District Court
of County, State of Texas, on the day of A. D., in the
case of Vs. in said Court pending, to take the deposition of
a witness, to interrogatories (and cross interrogatories) propounded to said
in said case hereto annexed, I, M. G., a Commissioner, m and for the said State,
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The Texas Almanac for 1858, book, 1857; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth123764/m1/31/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.