§502-45 Acknowledgments without the State.
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/hi/chapter-502/502-45A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§502-45 Acknowledgments without the State. The proof or acknowledgment of any deed or other written instrument required to be proved or acknowledged in order to enable the same to be recorded or read in evidence, when made by any person without the State and within any other state, territory, district, or dependency of the United States, may be made before any officer of the state, territory, district, or dependency authorized by the laws thereof to take proof and acknowledgment of deeds and when so taken, and when the certificate of acknowledgment is in a form sufficient to entitle deeds of real property to be recorded in the appropriate office for recording in such state, territory, district, or dependency or in the form provided or permitted by any of sections 502-41 to 502-43, shall be entitled to be recorded and may be read in evidence in the State.
The signature of such officer constitutes prima facie evidence that the acknowledgment is taken in accordance with the laws of the place where made and of the authority of the officer to take the acknowledgment. If the record of any such instrument, or a transcript thereof, is used in evidence in any proceeding the burden shall be on the party relying on such record to prove that the instrument was duly executed, in any proceeding where such fact is asserted by such party and is in dispute.
The burden may be met by proof made in the manner provided in section 502-46. [L 1909, c 69, §3; RL 1925, §3151; RL 1935, §5137; am L 1943, c 197, §3; RL 1945, §12737; RL 1955, §343-29; am L 1963, c 83, §1; HRS §502-45]