ART. 21] ACKNOWLEDGMENTS. 49i

2d. A judge of the orphans' court of such county or city.

3d. A judge of the circuit court for the county.

4th. A judge of the supreme bench of Baltimore city.

5th. A notary public.

A justice of the peace will not be allowed to Impeach his owu acknowl-
edgment, though the acknowledgment may be contradicted by other proof.
Central Bank v. Copeland, 18 Md. 31S. And see Byer v. Etnyre, 2 Gill, 151.
Cf. RIdgely v. Howard, 3 H. & McH. 321.

In making the certificate of acknowledgment, the justice acts ministerially.
How the sufficiency of the acknowledgment is determined. Lewis v. Waters,
3 H. & McH. 432.

An acknowledgment before a proper officer is essential to the validity of
a deed as a legal conveyance. A deed by a married woman without her
acknowledgment, held to be void as against her, both at law and in equity,
and that she could not be compelled to rectify the omission. Grove v. Todd,
41 Md. 640. And see Johns v. Reardon, 3 Md. Ch. 58.

Where a deed is recorded in time, and the year in which it is acknowledged
is omitted, the presumption is that it was duly acknowledged. Wlckes v.
Caulk, 5 H. & J. 42.

For forms of acknowledgment, see sec. 68, et seq.

As to defective conveyances, see sec. 82, et seq.

See also, sections 1, 3, 8, 15 and 71, and notes.

As to acknowledgments by a corporation, see art. 23, sec. 99.

1904, art. 21, sec. 3. 1888, art. 21, sec. 3. 1860, art. 24, sec. 3. 1856, ch. 154,
sec. 84. 1890, ch. 232. ' 1892, ch. 4.

3. If acknowledged within the State, but out of the county or city
wherein the real estate or any part of it lies, the ackonwledgment may
be made before:

1st. A notary public.

2d. Any judge of the circuit court for the circuit in which grantor
may be, or any judge of the orphans' court of the county in which the
grantor may be.

3d. Any judge of the supreme bench of Baltimore city or any judge
of the orphans' court of said city.

4th. Any justice of the peace for the county or city where the grantor
may be at the time of the acknowledgment, the official character of the
justice being certified to by the clerk of the circuit or superior court
under his official seal.

When the acknowledgment is made under this section before a Justice of
the peace, the clerk's certificate is essential. Where such certificate is
attached nearly two years after the instrument is executed and rcorded, the
certificate is of no effect. Fersner v. Bradley, 87 Md. 492.

In cases of acknowledgments under this section before a justice of the
peace, if the clerk's certificate is not attached, the mortgage does not operate
as constructive notice to subsequent bona fide purchasers, and is subordinate
to a second mortgage duly executed, acknowledged and recorded. Sitler v.
McComas, 66 Md. 337. See also, Dyson v. Simnons, 48 Md. 214; Johns v
Reardon, 3 Md. Ch. 60.

The clerk's certificate, if in substantial compliance with this section, author-
izes the deed to be recorded, but in no wise determines the validity of the
deed; that depends on whether it was executed, acknowledgd and recorded
as required. Johns v. Reardon, 3 Md. Ch. 60. And see Beall v Lynn, 6 H
& J. 336.