§502-46  Same; certificate of authority of officer.  The burden of proving due execution of any conveyance or written instrument, acknowledged or proved under section 502-45, may be met by any admissible evidence sufficient for that purpose and shall also be met if at the time of recording or thereafter there is indorsed, subjoined, or attached to the certificate of proof or acknowledgment, signed by such officer, a certificate of the secretary of state of the state or territory in which such officer resides, under the seal of the state or territory, or a certificate of the clerk of a court of record of the state, territory, or district in the county in which the officer resides or in which the officer took such proof or acknowledgment, under the seal of the court, or a certificate of the executive officer or clerk of a court of record of such dependency, authorized to make such certificate, stating that the officer was, at the time of taking the proof or acknowledgment, duly authorized to take acknowledgments and proofs of deeds of lands in the state, territory, district, or dependency, and that the secretary of state, or other authorized executive officer, or clerk of court, is well acquainted with the handwriting of the officer taking the acknowledgment or proof, and that the secretary of state, executive officer, or clerk verily believes that the signature affixed to the certificate of proof or acknowledgment is genuine.

     The authentication of the proof or acknowledgment of a deed or other written instrument when taken without the State and within any other state, territory, or district of the United States, shall be in substantially the following form:

     (Begin with a caption specifying the state, territory, or district, and county or place, where the authentication is made.)

     I,....................., clerk of the.................... in and for said county which court is a court of record, having a seal (or I,....................., the secretary of state of said state or territory) do hereby certify that...................... by and before whom the foregoing acknowledgment (or proof) was taken, was at the time of taking the same, a notary public (or other officer) residing (or authorized to act) in the county, and was duly authorized by the laws of the state (territory or district) to take and certify acknowledgment or proofs of deeds of land in the state (territory or district), and further that I am well acquainted with the handwriting of......................, and that I verily believe that the signature to the certificate of acknowledgment (or proof) is genuine.  In testimony whereof, I have hereunto set my hand and affixed the seal of the court (or state) this....day of...., 19..... [L 1909, c 69, §4; RL 1925, §3152; RL 1935, §5138; am L 1943, c 197, §4; RL 1945, §12738; RL 1955, §343-30; am L 1963, c 83, §2; HRS §502-46; gen ch 1985]

Revision Note

  In second paragraph, "proof or acknowledgment" substituted for "proof of acknowledgment".