As acknowledgments differ much in form, enough of them are given to show the kinds that are used. The fuller and more particular are the safer, although the shorter and more general might be sufficient.

In New England, a deed of land is usually what is called in law a Deed Poll; by which is meant a deed of one party, and from him to another. In the other States generally, a deed of lands is more commonly in the form of an Indenture, which, as has been said before, is an instrument between two or more parties. The difference between them will be seen in the forms given. The first one is a Deed Poll. But most of them are Indentures, as they are most frequently used; although a Deed Poll that was satisfactory in other respects would generally suffice to give good title to land anywhere.

A form of a Deed Poll may be converted into an Indenture by changing the beginning of it in the manner shown in the forms, and, whenever the word "grantor" comes, changing that into "the party of the first part." And a deed by Indenture is made a Deed Poll by changes of an opposite kind. How to make these changes will be seen by comparing the deeds of the two kinds as herein given.

Another difference between the Deeds Poll in common use in the New England States, and the deeds by Indenture in use elsewhere, must be noticed.

If the grantor by a Deed Poll has a wife, and it is intended that she shall relinquish her dower, she is not mentioned as grantor, but in the "In Testimonium," so called, which is that part of the deed which begins with "In witness (or in testimony) whereof," her name is mentioned, and it must be distinctly said that she signs the deed in token of her relinquishment or release of dower. This is shown in Form 106. But where deeds by Indenture are used, there she is joined with her husband, and named as grantor; he and she being "parties of the first part." It is, however, not necessary that anything should be said in the deed about her release of dower, or homestead; but she signs and seals the deed, and, in the acknowledgment, express mention is made of her release of dower and homestead, and also that she was separately examined. Some

of the forms are drawn in this way. Other forms are written as if the grantor was unmarried, or as if his wife, if he had one, did not intend to give up her dower. But all these forms can be readily altered, and made to resemble either of the forms according as there is or is not a wife, or as, if there be a wife, it is intended that she should join in the conveyance and relinquish her dower, or that the husband should convey subject to the wife's dower. If this last be the intention, it is not necessary to say so, as the mere fact that she is not a party to the deed preserves for her the right of dower.

(106.)

A Deed Poll of Warranty, in Common Use in New England. Know all Men by these Presents, That I, (the grantor) of (residence, town or city, county and State), (occupation), in consideration of (the amount paid) to me paid by (here name the grantee or purchaser, giving in like manner his residence and occupation), the receip、 whereof is hereby acknowledged, do hereby give, grant, bargain, sell, and convey unto the said (name the grantee, and then describe the prem

ises granted, minutely and accurately):—

To Have and to Hold the above-granted premises, to the said (name the grantee), his (or her or their) heirs and assigns, to his (or her or their And I, the said

use and behoof forever. (name of the grantor), for (myself) and (my) heirs, executors, and administrators, do covenant with the said (name of the grantee), and with his heirs and assigns, that I am lawfully seized in fee simple of the aforegranted premises; that they are free from all incumbrances (if there be any incumbrances, as a mortgage or lien, ce right of way, or drain, or air, or light, say excepting, and then describe the incumbrance), that I have good right to sell and convey the same to the sail (name of the grantee), and his (or her) heirs and assigns forever as afore. said; and that I will, and my heirs, executors, and administrators shall, warrant and defend the same to the said and assigns forever, against the lawful

(name of the grantee), and his heirs claims and demands of all persons. (name of the grantor), and (name

In Witness Whereof, I, the said of his wife), wife of said grantor, in token of her release of all right and title of or to dower in the granted premises, have hereunto set our hands and seals this in the year of our Lord nineteen hun

dred and

day of

Signed, Sealed, and Delivered in Presence of

(Signature.) (Seal)

In those States in which a homestead law exists, the signature of the wife, with a clause like that above, would not release

the homestead. To effect this the following clause should be inserted before the words, "In token of: "—

(name of the grantee), of all

"In token of her release to the said her right, interest, and estate to or in the premises herein conveyed, under the homestead laws of this State; and also," etc.

Some conveyancers think this hardly sufficient, and prefer the following method, which would undoubtedly be effectual in every one of these States. Insert before the paragraph beginning "In witness whereof," this paragraph :

(name of the wife) wife of the said

"And I, (the name of the grantor), in consideration of one dollar to me paid by the said (the name of the grantee), the receipt whereof is acknowledged, do hereby release and assign to the said (the name of the grantee), and his heirs and assigns, all my right, interest, claim, and estate in or to the premises within granted, under the homestead laws of this State, or any other statutory provisions thereof."

It is to be remembered that, whether the deed be a warranty deed like that above given, or a release or quitclaim, or a mort. gage deed, it is equally necessary and proper that the wife should release her homestead right and her dower, unless it is intended that she should retain them.

Below the deed comes the acknowledgment, of which the briefest form is as follows, which is sufficient in a few States:

Commonwealth (or State) of

Date.) Then personally appeared the above-named edged the above instrument to be

(County) ss. (Town, Month, and and acknowlfree act and deed; before me, Justice of the Peace.

If the wife is a party to the deed, she should make her separate acknowledgment.

A full Form of acknowledgment, by both parties, sufficient anywhere, may be found in Form 112.

(name, residence, and occupation of the grantor) of the first part, and (name, residence, and occupation of the grantee) of the second part, witness. eth, that the said (the grantor) as well for and in consideration of the love and affection which he has and bears towards the said

(the grantee,

as for the sum of one dollar, lawful money of the United States, to him in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has given, granted, aliened, enfeoffed, released, conveyed, and confirmed, and by these presents does give, grant, aliene, enfeoff, release, convey, and confirm, unto the said party of the second part and his heirs and assigns forever, all (here describe carefully the land or premises granted, by metes and bounds, and dimensions, contents or quantity, or boundary marks or monuments, and refer by volume and page to the deed of the land to the grantor, under which he holds it).

Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof. And also, al the estate, right, title, interest, property, pos

session, claim, and demand whatsoever, of the said party of the first part, of, in, and to the same, and every part and parcel thereof, with their and every of their appurtenances. To have and to hold the said hereby granted and described premises and every part and parcel thereof with the appurtenances unto the said party of the second part, and his heirs and assigns, to his and their only proper use, benefit, and behoof forever.

In Witness Whereof, The said party of the first part has hereunto set his hand and seal the day and year first above written.

Sealed and Delivered in the Presence of

(Signature.) (Seal.)

(108.)

Deed of Bargain and Sale without any Warranty.

This Indenture, Made the

year one thousand nine hundred and

(name, residence, and occupation of the grantor) of the first part, and (name, residence, and occupation of the grantee) of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of lawful money of the United States of America, to him in hand paid, by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed, and con firmed, and by these presents does grant, bargain, sell, aliene, remise, release, convey, and confirm, unto the said party of the second part, and to his

and assigns forever, all (here describe carefully the land or premises granted, as directed in Form 107).

Together with all and singular the tenements, hereditaments, and appur、 tenances thereto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof. And also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. To have and to hold all and singular the above mentioned and described premises, together with the appurtenances, unto the said party of the second part, and his heirs and assigns forever.

In Witness Whereof, The said party of the first part has hereunto set his hand and seal the day and year first above written.

(the name of the party of the first part who is the grantor) who is known by me to be the individual described in, and who executed the foregoing in. strument, and then and there acknowledged that he executed the same as and for his own deed.

(name, residence, and occupation of the grantor) of the first part, and (name, residence, and occupation of the grantee) of the second part, witness eth, that the said party of the first part, for and in consideration of the sum of lawful money of the United States of America, to hin in hand paid, by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has remised, released, and quitclaimed, and by these presents does remise, release, and quitclaim, unto the said party of the second part, and to his heirs and assigns forever, all (here describe carefully the land or premises granted, as directed in Form 107).

Together with all and singular the tenements, hereditaments, and appur. tenances thereto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof. And also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtenances. To have and to hold all and singular the