CHAPTER 227 - CONVEYANCES ACKNOWLEDGMENTS BEFORE COMMISSIONED OFFICERS OF THE

UNITED STATES FORCES

AN ACT AMENDING 3670 SECTION 13, OF CHAPTER 92 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, IN REFERENCE TO THE ACKNOWLEDGMENT OF DEEDS AND OTHER INSTRUMENTS BEFORE ANY COMMISSIONED OFFICER OF THE ARMED FORCES OF THE UNITED STATES.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 165, Volume 44, Laws of Delaware, 1943, be and the same is hereby repealed.

Section 2. That Section 3670 Section 13 of Chapter 92 of the Revised Code of Delaware, 1935, be and the same hereby is amended by adding new paragraphs at the end of said Section as follows:

In addition to the acknowledgment of instruments and the performance of other notarial acts in the manner and form and as otherwise authorized by law, instruments may be acknowledged, documents attested, oaths and affirmations administered, depositions and affidavits executed, and other notarial acts performed, before or by any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the army or marine corps, or with the rank of ensign or higher in the navy or coast guard, or with equivalent rank in any other component part of the armed forces of the United States, by any person who either

(a) is a member of the armed forces of the United States, or

(b) is serving as a merchant seaman outside the limits of the United States included within the 48 States and the District. of Columbia; or

(c) is outside said limits by permission, assignment or direction of any department or official of the United States Government, in connection with any activity pertaining to the prosecution of any war in which the United States is then engaged.

Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions and affidavits, and performance of other notarial acts, heretofore or hereafter made or taken, are hereby declared legal, valid and binding, and instruments and documents so acknowledged, authenticated, or sworn to shall be admissible in evidence and eligible to record in this State under the same circumstances, and with the same force and effect as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit, or other notarial act, had been made or taken within this State before or by a duly qualified officer or official as otherwise provided by law.

In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate endorsed upon or attached to the instrument or documents, which shows the date of the notarial act and which states, in substance, that the person appearing before the officer acknowledged the instrument as his act or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes. The instrument or document shall not be rendered invalid by the failure to state the place of execution or acknowledgment.

If the signature, rank, and branch of service or subdivision thereof, of any such commissioned officer appear upon such instrument or document or certificate, no further proof of the authority of such officer so to act shall be required and such action by such commissioned officer shall be prima facie evidence that the person making such oath or acknowledgment is within the purview of this act.

Approved March 5, 1945.