§ 55-115. Acknowledgments taken before commissioned officers in military service
Such court or clerk shall also admit any such writing to record as to any person whose name is signed thereto who at the time of such acknowledgment was in active service in the armed forces of the United States, or as to the consort of such person, upon the certificate of any commissioned officer of the army, navy, marine corps, coast guard, any state national guard that is federally recognized or other branch of the service of which such person is a member, that such writing had been acknowledged before him by such person. Such certificate shall be written upon or annexed to such writing and shall be substantially to the following effect:
In the army (or navy, etc.) of the United States.
I, ...................., a commissioned officer of the army (or navy, marine
corps, coast guard or other branch of service) of the United States with the
rank of lieutenant (or ensign or other appropriate rank) whose home address is
...................., do certify that E.F. (or E.F. and G.H., and so forth),
whose name (or names) is (or are) signed to the writing above (or hereto
annexed), bearing date on the .................... day of ................,
............, and who, or whose consort, is a private (corporal, seaman,
captain or other grade or rank) in the army (or navy, etc.) of the United
States, and whose home address is ...................., has (or have)
acknowledged the same before me.
Given under my hand this .................... day of ...........
Such acknowledgment may be taken at any place where the officer taking the acknowledgment and the person whose name is signed to the writing may be. Such commissioned officer may take the acknowledgment of any person in any branch of the armed forces of the United States, or the consort of such person.
Every acknowledgment executed prior to July 1, 1995, in substantial compliance with the provisions of this section is hereby validated, ratified and confirmed, notwithstanding any error or omission with respect to any address, grade or rank.
(1942, p. 426; Michie Code 1942, § 5205a; 1944, p. 25; 1948, p. 393; 1964, c. 129; 1972, c. 458; 1995, c. 48.)
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