720 ARTICLE 21

1937, ch. 151.

2. Any unmarried woman over eighteen years of age is hereby author-
ized to transfer and convey her interest in the title to the fee and reversion
in the land out of which any redeemable ground rent issues in the same
manner and to the same extent as a person of the full age of twenty-one
years in every instance where the owner of the leasehold interest has given
the proper notice to redeem.

An. Code, 1924, sec. 2. 1912, sec. 2. 1904, sec. 2. 1888, sec. 2. 1856, ch. 154. sec. 83.

1890, ch. 232.

3. If acknowledged in the county or city within which the real estate
or any part of it lies, the acknowledgment 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.
Cited but not construed in U. S. F. & G. Co. v. Shoul, 161 Md. 428.
For forms of acknowledgment, see sec. 86, et seq.
As to defective conveyances, see sec. 100, et seq.
See also secs. 1, 4, 9, 16 and 89, and notes.
As to acknowledgments by a corporation, see art. 23, sec. 125.
As to what acknowledgments, protests, etc., notary may not take, see art. 68, sec. 11.

An. Code, 1924, sec. 3. 1912, sec. 3. 1904, sec. 3. 1888, sec. 3. 1856, ch. 154, sec. 84.

1890, ch. 232. 1892, ch. 4.

4. 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 constructive notice
to subsequent bona fide purchasers, and is subordinate to a second mortgage duly exe-
cuted, acknowledged and recorded Sitler v. McComas, 66 Md. 137. See also Dyson v.
Simmons, 48 Md. 214; Johns v. Reardon, 3 Md. Ch. 60.