Section 18-4-17 – Means of proving instrument not acknowledged.
18-4-17. Means of proving instrument not acknowledged. Proof of the execution of an instrument, when not acknowledged, may be made either: (1)By the party executing it, or either of them; (2)By a subscribing witness; or (3)By other witnesses, in cases mentioned in §§18-4-19 and 18-4-20, relating to proof of handwriting. Source: CivC 1877, §662; CL […]
Section 18-4-18 – Proof of instrument by subscribing witness.
18-4-18. Proof of instrument by subscribing witness. If proof of the execution of an instrument is made by a subscribing witness, such witness must be personally known to the officer taking the proof to be the person whose name is subscribed to the instrument as a witness or must be proved to be such by […]
Section 18-4-3 – Indian agents authorized to take acknowledgment or proof in Indian country–Recording of certificate of appointment.
18-4-3. Indian agents authorized to take acknowledgment or proof in Indian country–Recording of certificate of appointment. Indian agents or superintendents are authorized to take acknowledgments or proofs of deeds or other instruments in writing, in Indian country, and acknowledgments or proofs so taken shall have the same force and effect as if taken before a […]
Section 18-4-6 – Acknowledgment before commissioned officer of armed forces–Place of execution need not be shown.
18-4-6. Acknowledgment before commissioned officer of armed forces–Place of execution need not be shown. In addition to the acknowledgment of instruments in the manner and form and as otherwise authorized by the laws of South Dakota, any person serving in or with the armed forces of the United States may acknowledge the execution of an […]
Section 18-4-7 – Authentication of military certificate not required–Form of certificate attached.
18-4-7. Authentication of military certificate not required–Form of certificate attached. No authentication of the officer’s certificate of acknowledgment taken pursuant to §18-4-6 shall be required but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form: On this the ____ day of ____, 20__, before me ____, […]
Section 18-4-8 – Acknowledgments taken by military officers before 1943.
18-4-8. Acknowledgments taken by military officers before 1943. No acknowledgment taken prior to February 6, 1943, shall be affected by anything contained in §§18-4-6 and 18-4-7. All affidavits and the acknowledgment of any and all written instruments taken and certified by any commissioned officer in the military or naval service of the United States, at […]
Section 18-4-9 – Uniformity of interpretation of military provisions.
18-4-9. Uniformity of interpretation of military provisions. Sections 18-4-6 to 18-4-8, inclusive, shall be so interpreted as to make uniform the laws of those states which enact them. Source: SL 1943, ch 148, §3; SDC Supp 1960, §51.1608-1 (3).
Section 18-4-10 – Identity of person making acknowledgment to be known or proved to officer.
18-4-10. Identity of person making acknowledgment to be known or proved to officer. The acknowledgment of an instrument performed in the presence of a person making the acknowledgment must not be taken unless the officer taking it knows or has satisfactory evidence on the oath or affirmation of a credible witness, that the person making […]
Section 18-4-11 – Certificate of officer taking acknowledgment to be attached.
18-4-11. Certificate of officer taking acknowledgment to be attached. An officer taking the acknowledgment of an instrument must endorse thereon or attach thereto a certificate substantially in the forms prescribed in §§18-4-12 to 18-4-15, inclusive. Source: CivC 1877, §666; CL 1887, §3288; RCivC 1903, §981; RC 1919, §587; SDC 1939, §51.1615.
Section 18-4-12 – Form of general certificate of acknowledgment.
18-4-12. Form of general certificate of acknowledgment. The certificate of acknowledgment of an instrument unless it is otherwise in this chapter provided must be substantially in the following form: Territory of ____ or State of ____ County of ____ ss On this ____ day of ____, in the year ____, before me personally appeared ____, […]