as is required in England, it not being necessary so to decide in that case. In that case the vendor had prepared and tendered the deed, which the vendee refused to accept.

The rule in Massachusetts and in Maine is the same as that in this state. In some of the states the modern English practice prevails. (See note to Perk. ed. 1 Sugd. 310.)

The rule in this state may be summed up as follows:

1. It is competent for the parties to stipulate in the preliminary contract of sale by whom and at whose expense the conveyance shall be prepared.

2. If no such special agreement be made, then it is the duty of the vendor to prepare the title deeds, at his own expense, and cause the requisite searches to be made for incumbrances.

3. The purchaser, to put the vendor in default, must demand the conveyance and wait a reasonable time for its preparation; or he may himself prepare the requisite deed and present it to the vendor for execution. In this latter case, the vendor should have a reasonable time to examine the deed before he is required to execute it. If the purchaser thus voluntarily prepares the deed himself, to which he is entitled, it must be at his own expense.

APPENDIX OF FORMS.

ACKNOWLEDGMENTS, PROOFS, ETC.

No. 1.

CERTIFICATE OF ACKNOWLEDGMENT BY A PARTY KNOWN TO THE OFFICER.

State of New York, ........ County, ss: On this ...... day of ......, 1860, before me the undersigned, one of the justices of the supreme court, [or county judge of the county of ........, counsellor, &c., or one of the justices of the peace of the said county,] personally appeared A. B., whom I know to be the person described in the within deed, and acknowledged that he executed the same.t [Signature of the officer.]

No. 2.

THE LIKE, WITH NOTICE OF ERASURES, ETC.

At the add: I have examined the said deed, and find no material alterations or erasures, except that in the fifth line from the top, the name of James Jackson was written on an erasure, and between the 10th and 11th line, the words "acres of land," were interlined. If the alterations and erasures are noticed by the subscribing witness before his attestation, as they should be, the officer who takes the acknowledgment, need not refer to them.

NOTE. The acknowledgment need not be in the precise words of the act, but it is desirable to conform to it. (Jackson v. Gumaer, 2 Cowen, 552. Duvall v. Covenhooven, 4 Wend. 561.)

No. 3.

CERTIFICATE OF ACKNOWLEDGMENT, WHEN THE IDENTITY IS PROVED BY A WITNESS.

State of New York, ........ County, ss: On this........ day of September, 1860, before me the undersigned, one of the justices, &c., [as in No. 1,] personally appeared A. B., purporting to be the grantor in the within deed mentioned, and at the same time C. D., who is personally known to me, who being by me

duly sworn, testified that he is acquainted with the said A. B., and knows him to be the person described in, and who executed the said deed, which is to me satisfactory evidence of the identity of the said A. B., and thereupon the said A. B. acknowledged that he executed the said deed.

[Signature of officer.]

(1 R. S. 758, § 9. Dibble v. Rogers, 13 Wend. 536, 541.)

No. 4.

CERTIFICATE OF PROOF OF A DEED BY THE SUBSCRIBING WITNESS, WHEN THE OFFICER KNOWS THE SUBSCRIBING WITNESS.

... County, ss: On this

(1 R. S. 758, § 12. Dibble v. Rogers, 13 Wend. 541. Norman v. Wells, 17 id. 136.) State of New York, day of September, 1860, before me the undersigned, one of the justices, &c., [as in No. 1,] personally appeared E. F. † with whom I am personally acquainted, who being by me duly sworn, testified that his place of residence is in ........ in said county, that he was present and saw the said A. B. execute the within deed, that he knew him the said A. B. to be the person described in the said deed, and who executed the same, and that he the said E. F. thereupon then and there subscribed his name thereto as a witness to the execution thereof.

[Signature of officer.]

No. 5.

THE LIKE, WHEN THE SUBSCRIBING WITNESS IS NOT KNOWN TO THE OFFICER, BUT HIS IDENTITY IS PROVED BY A THIRD PERSON.

The like, as in the last, to the †, and then proceed as follows:

Who purports to be the subscribing witness to the within deed, [or one of the &c.,] and at the same time C. D., who is personally known to me, who being by me duly sworn, said that he is acquainted with the said E. F., and knows him to be the person who is the subscribing witness to the said deed, which is to me satisfactory evidence of his identity; and thereupon the said E. F., being first duly sworn by me, testified that his place of residence is in ..... in said county, that he was present and saw the said A. B. execute the within deed, that he knew him, the said A. B., to be the person described in the said deed, and who executed the same, and that he the said E. F. thereupon then and there subscribed his name thereto as a witness to the execution thereof.

ད

[Signature, &c.]

NOTE. If the instrument proved or acknowledged be a "mortgage," "assignment," "bond," &c., describe it according to the fact.

No. 6.

CERTIFICATE OF ACKNOWLEDGMENT BY HUSBAND AND WIFE, WHEN BOTH ARE KNOWN TO THE OFFICER.

State of New York, ..

....

County, ss: On this ........ day of September, 1860, before me the undersigned, one of the justices of the supreme court, [or

county judge &c. as in No. 1,] personally appeared A. B., and C. his wife, whom I know to be the persons described in and who executed the within deed, and acknowledged that they severally executed the same; and the said C. on a private examination apart from her said husband, acknowledged that she executed the same freely and without any fear or compulsion of her said husband.

[Signature, &c.]

(1 R. S. 758, § 10. Gillett v. Stanley, 1 Hill, 121.)

No. 7.

THE LIKE, WHEN NEITHER HUSBAND OR WIFE IS KNOWN TO THE OFFICER, AND THEIR IDENTITY IS PROVED BY A WITNESS.

......

State of New York, ... ... County, ss: On this ... day of September, 1860, before me the undersigned, one of the justices &c., [as in No. 1,] personally appeared A. B. and C. his wife, purporting to be the grantors named in the within deed, and also E. F. to me well known; and the said E. F. being by me duly sworn, testified that he is acquainted with A. B. and C. his wife, and knows them to be the persons described in and who executed the within deed, which is to me satisfactory evidence of the identity of the said A. B. and C. his wife. And thereupon the said A. B. acknowledged that he executed the said deed; and the said C. on a private examination apart from her said husband, acknowledged that she executed the same freely, without any fear or compulsion of her said nusband. [Signature, &c.]

(1 R. S. 758, § 9. Dibble v. Rogers, 13 Wend. 536, 541.)

No. 8.

THE LIKE, WHEN THE HUSBAND IS KNOWN, AND THE IDENTITY OF THE WIFE PROVEN TO THE OFFICER.

....... County, ss: On this

day of September,

State of New York, 1860, before me the undersigned, one of the justices, [as in No. 1,] personally appeared A. B., and C. his wife, the said A. B. being known to me to be the person described in and who executed the within deed; and the said C. being proved by the oath of E. F. to be the wife of A. B. and the person described in and who executed the within deed, which is to me satisfactory evidence of her identity; whereupon the said A. B. and C. his wife, severally acknowledged that they executed the same. And the said C., on a private examination apart from her said husband, acknowledged that she executed the same freely, and without any fear or compulsion of her said husband.

[Signature, &c.]

(1 R. S. 758, § 10. Dibble v. Rogers, 13 Wend. 541.) The officer need not certify that he knew the witness who identified the subscribing witness.

(Jackson v. Harrow, 11 John. 434. Same v. Vickory, 1 Wend. 406.)

No. 9.

CERTIFICATE OF ACKNOWLEDGMENT BY TWO HUSBANDS AND THEIR WIVES, KNOWN TO THE OFFICER.

State of New York,........ County, ss: On this...... day of...... 1860, before me the undersigned, one of the justices, [as in No. 1,] personally appeared A. B., and C. his wife, and E. F., and G. his wife, all of whom are known to me to be the persons described in and who executed the within deed, and severally acknowledged that they executed the same. And the said C. and G. severally, each for herself, on a private examination apart from her husband, acknowledged that she executed the same freely, and without any fear or compulsion of her said husband.

[Signature, &c.]

No. 10.

CERTIFICATE OF ACKNOWLEDGMENT BY WIFE ALONE.

State of New York, ...... County, ss: On this .... day of ......, 1860, before me the undersigned, one of the justices, [as in No. 1,] personally appeared C. B., wife of A. B., whom I know to be the person described in and who executed the within deed, and acknowledged, on a private examination apart from her husband, that she executed the same freely, without any fear or compulsion of her said husband.

No. 11.

[Signature, &c.]

CERTIFICATE OF ACKNOWLEDGMENT BY AN ATTORNEY IN FACT.

State of New York, ........ County, 88: On this...... day of ......, 1860, before me the undersigned, one of the justices, [as in No. 1,] personally appeared A. B. whom I know to be the person described in and who executed the within deed, and acknowledged that he executed the same as the act and deed of C. D. therein described, by virtue of a power of attorney duly executed by the said C. D., bearing date the day of ...., 1860, recorded in the clerk's in Book M. of Powers of Attorney, page 68, on

office of the county of

.........

No. 12.

[Signature, &c.]

CERTIFICATE OF ACKNOWLEDGMENT BY AN EXECUTOR, OR TRUSTEE.

State of New York, ........ County, ss: On this ...... day of ......, 1860, before me the undersigned, one of the justices, [as in No. 1,] personally appeared A. B. whom I know to be the person described in the within deed, as executor of the last will and testament of C. D., late of .......... deceased, and acknowledged that he executed the same as such executor.

[Signature, &c.]