Title 18 — OATHS AND ACKNOWLEDGMENTS

The proof or acknowledgment of an instrument may be made at any place within this state before a justice or the clerk of the Supreme Court or a notary public. Source: CivC 1877, § 655; CL 1887, § 3277; RCivC 1903, § 970; SL 1907, ch 3 ; RC 1919, § 575; SDC 1939, § 51.1604.

The acknowledgment of an instrument performed in the presence of a person making the acknowledgment must not be taken unless the officer taking it knows or has satisfactory evidence on the oath or affirmation of a credible witness, that the person making such acknowledgment is th…

An officer taking the acknowledgment of an instrument must endorse thereon or attach thereto a certificate substantially in the forms prescribed in §§ 18-4-12 to 18-4-15 , inclusive. Source: CivC 1877, § 666; CL 1887, § 3288; RCivC 1903, § 981; RC 1919, § 587; SDC 1939, § 51.1615…

The certificate of acknowledgment of an instrument unless it is otherwise in this chapter provided must be substantially in the following form: Territory of ____ or State of ____ County of ____ ss On this ____ day of ____, in the year ____, before me personally appeared ____, kno…

The certificate of acknowledgment of an instrument executed by a corporation must be substantially in the following form: Territory of ____ or State of ____ County of ____ ss On this ____ day of ____, in the year ____, before me ____, personally appeared ____, known to me (or pro…

The certificate of acknowledgment by an attorney in fact must be substantially in the following form: Territory of ____ or State of ____ County of ____ ss On this ____ day of ____, in the year ____, before me personally appeared ____, known to me (or proved to me on the oath of _…

The certificate of acknowledgment by any deputy sheriff of South Dakota must be substantially in the following form: State of South Dakota, County of __________ ss On this __________ day of __________, in the year ______, before me personally appeared ________, known to me (or pr…

Officers authorized by law to take and certify acknowledgment of deeds and other instruments are entitled to charge and receive twenty - five cents each therefor, and for administering oaths and certifying the same, ten cents. A violation of this section is a petty offense. Sourc…

Proof of the execution of an instrument, when not acknowledged, may be made either: (1) By the party executing it, or either of them; (2) By a subscribing witness; or (3) By other witnesses, in cases mentioned in §§ 18-4-19 and 18-4-20 , relating to proof of handwriting. Source: …

If proof of the execution of an instrument is made by a subscribing witness, such witness must be personally known to the officer taking the proof to be the person whose name is subscribed to the instrument as a witness or must be proved to be such by the oath of a credible witne…

The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases: (1) When the parties and all the subscribing witnesses are dead; (2) When the parties and all the subscribing witnesse…

The proof or acknowledgment of an instrument may be made anywhere in this state before a judge of the circuit court, a clerk of the circuit court, a magistrate of the circuit court, or a United States magistrate. Within a county or municipality for which the officer was elected o…

The evidence taken under § 18-4-19 must satisfactorily prove to the officer the following facts: (1) The existence of one or more of the conditions mentioned therein; (2) That the witness testifying knew the person whose name purports to be subscribed to the instrument as a party…

Officers authorized to take the proof of instruments are authorized in such proceedings: (1) To administer oaths or affirmations; (2) To employ and swear interpreters; (3) To issue subpoenas and to punish for contempt as provided in Title 19 in regard to the means of producing wi…

An officer taking proof of the execution of an instrument must in his certificate endorsed thereon or attached thereto set forth all the matters required by law to be done or known by him or proved before him on the proceeding, together with the names of all the witnesses examine…

Officers taking and certifying acknowledgments or proof of instruments for record must authenticate their certificates by affixing thereto their signatures, followed by the names of their offices; also their seals of office, if by the laws of the state, territory, or country wher…

The certificate of proof or acknowledgment, if made before a magistrate, if used in any county other than that in which the magistrate resides, shall be accompanied by a certificate under the hand and seal of the clerk of courts, setting forth that such magistrate at the time of …

If any officer authorized to take the acknowledgment or proof of any conveyance of real property or of any other instrument which by law may be recorded, knowingly and falsely certifies that any such conveyance or instrument was acknowledged by any party thereto or was proved by …

When the acknowledgment or proof of execution of an instrument is properly made but defectively certified any party interested may have an action in the circuit court to obtain a judgment correcting the certificate. Any person interested under an instrument entitled to be proved …

The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before July 1, 1939, executed, acknowledged, proved, or recorded is not affected by anything contained in this chapter, but depends for its validity and legality, exce…

All conveyances of real property made before July 1, 1939, and acknowledged or proved according to the laws in force at the time of such making and acknowledgment or proof, have the same force as evidence, and may be recorded in the same manner and with like effect as conveyances…

The certificate of acknowledgment of a document executed under § 18-1-11.1 shall be substantially in the following form: State of South Dakota County of _____ ss On this _____ day of _____, in the year_____, before me, _____ (Notary's Name), the undersigned officer appeared _____…

Indian agents or superintendents are authorized to take acknowledgments or proofs of deeds or other instruments in writing, in Indian country, and acknowledgments or proofs so taken shall have the same force and effect as if taken before a notary public. To qualify for taking suc…

The notarial certificate of a document executed pursuant to § 18-1-11.2 must be substantially in the following form: State of South Dakota County of ________________ ss On this ____ day of ___________, in the year ______, before me, ______________ (notary's name), the undersigned…

In addition to the acknowledgment of instruments in the manner and form and as otherwise authorized by the laws of South Dakota, any person serving in or with the armed forces of the United States may acknowledge the execution of an instrument, wherever located, before any commis…

No authentication of the officer's certificate of acknowledgment taken pursuant to § 18-4-6 shall be required but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form: On this the ____ day of ____, 20__, b…

No acknowledgment taken prior to February 6, 1943, shall be affected by anything contained in §§ 18-4-6 and

Sections 18-4-6 to 18-4-8 , inclusive, shall be so interpreted as to make uniform the laws of those states which enact them. Source: SL 1943, ch 148 , § 3; SDC Supp 1960, § 51.1608-1 (3).