3010 ARTICLE 79
his county, under the seal of his office, that at the time of the acknowledg-
ment he was a judge of the orphans' court; or before a judge of the circuit
court; and if before a judge of any other judicial circuit than that in which
the county in which it is to be recorded is situated, there shall be a cer-
tificate from the clerk of the circuit court for the county in which it is
acknowledged that he was a judge of the circuit court for that county at the
time of the acknowledgment; or before a register of wills; and if before
a register of wills of any other county than that in which it is to be
recorded, there shall be a certificate of the chief judge of the orphans'
court of the county in which he is register that he was register at the time
of such acknowledgment; but if the acknowledgment is made before a
justice of the peace, judge of the orphans' court or register of wills of the
county in which the release or receipt is to be recorded, or before a judge
of the judicial circuit in which said county is situated, no such certificate
shall be necessary.
Cited but not construed in McClellan v. Kennedy, 3 Md. 252.
An. Code, 1924, sec. 3. 1912, sec. 3. 1904, sec. 3. 1888, sec. 3. 1809, ch. 168, sec. 3.
1831, ch. 305, sec. 4.
3. Such releases may be acknowledged out of this State before the
mayor of a municipal corporation, notary public, judge of any court of
record, justice of the peace, alderman, consul-general, consul or vice-consul
of the United States residing in a foreign country. If acknowledged before
the mayor of a municipal corporation, there shall be a certificate that
he is mayor under the seal of the corporation. If acknowledged before a
notary public, there shall be his certificate of the fact under his notarial
seal. If acknowledged before a judge of a court, there shall be a certificate
from the clerk of the court of which he is judge, under the seal of the court,
certifying to the facts that at the time such acknowledgment was made he
was a judge of such court, and that such court is a court of record. If
acknowledged before a justice of the peace, there shall be a certificate, under
seal, from the governor, chief magistrate, or clerk of a court of such State
or county, certifying to the fact that the person before whom such acknowl-
edgment was made was at the time a justice of the peace. If acknowledged
before an alderman, there shall be a certificate from the mayor under the
seal of the corporation, or from a notary public under his notarial seal that
he was an alderman at the time of such acknowledgment. If acknowledged
before a consul-general, consul or vice-consul, there shall be a certificate
of the fact that he is such officer under his seal.
An. Code, 1924, sec. 4. 1912, sec. 4. 1904, sec. 4. 1888, sec. 4. 1825, ch. 160, secs. 1, 2.
1831, ch. 305, secs. 1, 2.
4. Any release or receipt mentioned in the two preceding sections may
be executed in virtue of a power of attorney for that purpose; provided,
such power of attorney, if executed within this State, shall be acknowledged
and certified as if it were a release, and if executed out of the State, shall
be acknowledged and certified in the same manner as releases or receipts
are required to be by the preceding section; and any female over eighteen
years of age may execute such power of attorney.
Cited but not construed in Greenwood v. Greenwood, 28 Md. 385.
See art. 10, sec. 41, et seq.
An. Code, 1924, sec. 5. 1912, sec. 5. 1904, sec. 5. 1888, sec. 5. 1831, ch. 305, sec. 7.
5. Such power of attorney shall be recorded in the office of the register
of wills of the county in which the administration was granted, or in which
|
![clear space](../../../images/clear.gif) |