§502-42  Certificate, contents.  The
certificate of acknowledgment shall state in substance that the person who
executed the instrument appeared before the officer granting the certificate
and acknowledged or stated that the person executed the same, and that such
person was personally known to the officer granting such certificate to be the
person whose name is subscribed to the instrument as a party thereto, or was
proved to be such by the oath or affirmation of a credible witness known to the
officer whose name shall be inserted in the certificate.  It shall not be
ground for the rejection of any such certificate, or for refusing to accept
such instrument for record or in evidence, that the certificate fails to state
that the person making the acknowledgment stated or acknowledged that the
instrument was executed freely or voluntarily by the person or as the person's
free act and deed. [L 1872, c 28, §2; RL 1925, §3147; RL 1935, §5134; am L
1943, c 197, §2; RL 1945, §12734; RL 1955, §343-26; HRS §502-42; gen ch 1985]



 



Case Notes



 



  Policy of law is to uphold certificates of acknowledgment
when substance is found.  15 H. 570, 573; 16 H. 294, 299; 18 H. 179, 184.



  Deed valid as between parties, even if not properly
acknowledged.  49 H. 62, 63, 412 P.2d 326.  See 2 H. 161, 163; 17 H. 56, 58.