A Treatise on the Law of Real Property; As Applied Between Vendor and Purchaser in Modern Conveyancing or Estates in Fee and Their Transfer by Deed Volume 2

A Treatise on the Law of Real Property; As Applied Between Vendor and Purchaser in Modern Conveyancing or Estates in Fee and Their Transfer by Deed Volume 2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...of Maine, continued to act under his commission in the county of Strafford during the time for which he was originally appointed. It was held that after his removal from the State he w;1s a de facto justice of the peace, and that an acknowledgment taken by him in the county of Strafford, in New Hampshire, was valid, and could not be inquired into collaterally.2 One is an officer de facto when he takes an acknowledgment after his commission has expired without being aware of the fact.3 An alien who has been duly commissioned as a notary public is a de facto notary, and has authority to take acknowledgments of deeds.4 Commissioners appointed to take acknowledgments in other States, under a statute which provides that they "shall continue in office during the pleasure of the governor," are authorized to act until removed from office, and their authority does not cease when the governor who appointed them goes out of office.5 1123. An officer authorized to take an acknowledgment may do this by his deputy, in case he has power-by law to appoint a deputy. As a general rule, a deputy has power to do all ministerial acts which his principal may do by virtue of his office.6 The statutes sometimes expressly authorize acknowledgments to be taken before a deputy, but without the aid of such a statute it seems that where an officer is authorized to take an acknowledgment his deputy may also take the acknowledgment." This is sometimes put upon the ground that an officer taking an acknowledgment acts ministerially and not judicially, and that a ministerial act may always be performed by a deputy if the officer has power to appoint one.1 In like manner the clerk of a judge of probate who is authorized to take acknowledgments may take the...show more

Product details

  • Paperback | 64 pages
  • 189 x 246 x 3mm | 132g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236540395
  • 9781236540393