New Jersey § 38:23a-1
Full text of New Jersey New Jersey Statutes § 38:23a-1, with citation guidance and answers to common questions.
§ 38:23a-1.
Any oath, affirmation or affidavit, required or authorized to be taken or made in
any suit or legal proceeding in this State or for any lawful purpose whatever, by
any person in the military, naval or air force service of the United States or the
spouse of any such person, or by any person who, is serving as a merchant seaman outside
the limits of the United States included within the 48 States and the District of
Columbia or, is outside said limits by permission, assignment or direction of any
department or official of the United States Government in connection with any activity
pertaining to the prosecution of any war in which the United States is then engaged,
or, in time of emergency, for use within this State or any acknowledgment or proof
of any deed or other instrument, relating to real or personal property within this
State, by any such person or the spouse of any person in such military, naval or air
force service, in order to entitle such deed or instrument to be recorded or filed
in any public office of this State, may be taken or made before any commissioned officer
of the United States Army, Navy, Air Force or Marine Corps and the recital that he
is such commissioned officer, including a recital of his rank and official designation
as such and that the person taking or making such oath, affirmation or acknowledgment
or making any such proof is in the military, naval or air force service of the United
States or is the spouse of any such person or is serving as a merchant seaman outside
the limits of the United States included within the 48 States and the District of
Columbia or is outside said limits by permission, assignment or direction of any department
or official of the United States Government in connection with any activity pertaining
to the prosecution of any war in which the United States is then engaged, or in time
of emergency, in the jurat or certificate of such oath, affirmation, affidavit, acknowledgment
or proof over his signature as such commissioned officer shall be sufficient proof
that the person before whom the same is taken or made is such an officer and that
such person taking or making such oath, affirmation, affidavit or acknowledgment or
making such proof is in the military, naval or air force service of the United States
or is the spouse of any such person or is serving as a merchant seaman outside the
limits of the United States included within the 48 States and the District of Columbia
or is outside said limits by permission, assignment or direction of any department
or official of the United States in connection with any activity pertaining to the
prosecution of any war in which the United States is then engaged, or in time of emergency
at the time of the taking or making the same and such oath, affirmation, affidavit,
acknowledgment or proof when so taken or made and certified shall have the same force
and effect as though taken or made before any other officer of this State authorized
to take oaths, acknowledgments and proofs and any such deed or instrument when so
acknowledged or proved, if otherwise sufficient, shall be entitled to recording or
filing in any public office of this State without any other or additional certificate
of the authority of such officer to take the acknowledgment or proof of the execution
thereof. Any such certificate of acknowledgment shall be valid and sufficient to all intents
and purposes, if it certifies that the party making such instrument appeared before
such officer and acknowledged the same to be his act and deed; and any affidavit
of proof by a witness, made before such officer shall be sufficient to all intents
and purposes if the affiant swears that the party making such instrument executed
and delivered the same as his act and deed. The failure to state the place of execution of any such deed or other instrument
or of any such oath, affirmation, affidavit, acknowledgment or proof shall not invalidate
the same deed or other instrument or said oath, affirmation, affidavit, acknowledgment
or proof. As used in this act the term “ in time of emergency ” shall mean and include any time after June 23, 1950, and prior to the termination,
suspension or revocation of the proclamation of the existence of a national emergency
issued by the President of the United States on December 16, 1950, or termination
of the existence of such national emergency by appropriate action of the President
or Congress of the United States.
Frequently Asked Questions About New Jersey § 38:23a-1
What does New Jersey Statutes § 38:23a-1 cover?
Section 38:23a-1 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 38:23a-1?
A common citation format is "New Jersey Statutes § 38:23a-1" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 38:23a-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.