18-4-20. Facts to be established for proof by handwriting.
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 and is well acquainted with his signature and that it is genuine;
(3)That the witness testifying personally knew the person who subscribed the instrument as a witness and is well acquainted with his signature and that it is genuine; and
(4)The place of residence of the witness.
Source: CivC 1877, §664; CL 1887, §3286; RCivC 1903, §979; RC 1919, §585; SDC 1939, §51.1613.
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.