§502-47  Acknowledgment without the United
States; by members of the armed forces; recordation where no official
authorized to take proof.  (a)  The proof or acknowledgment of any deed or
other instrument required to be proved or acknowledged in order to entitle the
same to be recorded or read in evidence, when made by any person without the
United States may be made by:



(1)  Any officer now authorized thereto by the laws of
the State;



(2)  Any officer of the United States diplomatic or
consular service, resident in any foreign country or port, when certified by
the officer under the officer's seal of office; and



(3)  Any person authorized by the law of any foreign
country to take such acknowledgment or proof, when such acknowledgment or proof
is accompanied by a certificate to the effect that the person taking the same
is duly authorized thereto and that such acknowledgment or proof is in the
manner prescribed by the laws of the foreign country or by treaty or
international agreement of the United States.  The certificate may be made by a
diplomatic or consular officer of the United States under the seal of the
officer's office, or by a diplomatic or consular officer of the foreign
country, resident in the State, under the seal of the officer's office with the
signature or facsimile of the signature of the diplomatic or consular officer
of the United States.



For the purposes of this section diplomatic or
consular officer includes any minister, consul, vice-consul, charge d'affaires,
consular, or commercial agent, or vice-consular or vice-commercial agent.



(b)  Proof or acknowledgment may be made by any
person in the armed forces of the United States, or by any person without the
United States, before any officer of the armed forces authorized by Congress to
exercise the powers of a notary public.  The signature without seal of any
officer acting as such notary public is prima facie evidence of the officer's
authority.



(c)  Where it is established to the
satisfaction of any judge of a circuit court of the State that any instrument
required to be acknowledged or proved has been executed by a person then
permanently or temporarily resident at some place where acknowledgment or proof
cannot be made as hereinabove provided, such instrument shall be declared acceptable
for recordation by order of the judge issued upon such testimony and evidence
as are sufficient in the judgment of the judge to establish the genuineness and
authenticity thereof, and a certified copy of the order shall be recorded
together with and attached to any instrument so ordered acceptable for
recordation.



(d)  Any instrument so proved, acknowledged, or
ordered acceptable for recordation is entitled to be recorded in the State, and
may be read in evidence in any court of the State in the same manner and with
like effect as if therein duly recorded or acknowledged. [L 1909, c 69, §5; RL
1925, §3153; RL 1935, §5139; RL 1945, §12739; am L 1945, c 53, §1; am L 1947, c
86, §1; RL 1955, §343-31; HRS §502-47; gen ch 1993; am L 1995, c 22, §6]