18-4-18. Proof of instrument by subscribing witness.
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 witness. The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it and that such person executed it and that the witness subscribed his name thereto as a witness.
Source: CivC 1877, §662; CL 1887, §3284; RCivC 1903, §977; RC 1919, §583; SDC 1939, §51.1611.
Structure South Dakota Codified Laws
Title 18 - Oaths and Acknowledgments
Chapter 04 - Acknowledgment And Proof Of Instruments
Section 18-4-1 - Officers authorized to take proof or acknowledgment within state.
Section 18-4-7 - Authentication of military certificate not required--Form of certificate attached.
Section 18-4-8 - Acknowledgments taken by military officers before 1943.
Section 18-4-9 - Uniformity of interpretation of military provisions.
Section 18-4-10 - Identity of person making acknowledgment to be known or proved to officer.
Section 18-4-11 - Certificate of officer taking acknowledgment to be attached.
Section 18-4-12 - Form of general certificate of acknowledgment.
Section 18-4-13 - Form of certificate of corporate acknowledgment.
Section 18-4-14 - Form of certificate of acknowledgment by attorney.
Section 18-4-15 - Form of certificate of acknowledgment by deputy sheriff.
Section 18-4-16 - Fees chargeable for acknowledgments--Violation as petty offense.
Section 18-4-17 - Means of proving instrument not acknowledged.
Section 18-4-18 - Proof of instrument by subscribing witness.
Section 18-4-19 - Circumstances permitting proof of instrument by handwriting.
Section 18-4-20 - Facts to be established for proof by handwriting.
Section 18-4-21 - Powers of officers authorized to take proof of instruments.
Section 18-4-22 - Contents of certificate of officer taking proof of instrument.
Section 18-4-23 - Authentication of certificates of acknowledgment or proof.
Section 18-4-24 - Clerk's certificate to accompany proof or acknowledgment taken by magistrate.
Section 18-4-25 - False certification of acknowledgment or proof as forgery.
Section 18-4-27 - Prior instruments governed by prior law.
Section 18-4-28 - Validity of conveyances acknowledged or proved under prior law.
Section 18-4-29 - Form--Certificate of acknowledgement--Video communication technology.