596 ARTICLE 21.

An. Code, sec. 2. 1904, sec. 2. 1888, sec. 2. 1856, ch. 154, sec. 83. 1890, ch. 232.

2. If acknowledged in the county or city within which the real estate
or any part of it lies, the acknowledgement may be made before:
1st. A justice of the peace for such city or county.
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 own acknowledgment,
though the acknowledgment may be contradicted by other proof. Central Bank v.
Copeland, 18 Md. 318. 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. Wickes v. Caulk,
5 H. & J. 42.

For forms of acknowledgment, see sec. 70, et seq.

As to defective conveyances, see sec. 84, et seq.

See also secs. 1, 3, 8, 15 and 73, and notes.

As to acknowledgments by a corporation, see art. 23, sec. 127.

As to what acknowledgments, protests, etc., notary may not take, see art. 68, sec. 12.

An. Code, sec. 3. 1904, sec. 3. 1888, 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 acknowledgment 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 recorded, 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 construc-
tive .notice to subsequent bona fide purchasers, and is subordinate to a second
mortgage duly executed, acknowledged and recorded. Sitler v. McComas, 66 Md.
137. See also Dyson v. Simmons, 48 Md. 214; Johns v. Reardon, 3 Md. Ch. 60.

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