reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 19 - LIENS ON VEHICLES AND CONVEYANCES (§§ 66-19-101 — 66-19-302) › Part 3 - LIEN AGAINST AIRCRAFT (§§ 66-19-301 — 66-19-302) › Section 66-19-302 - Scope of lien - Parts, repairs and improvements - Lessees

(a)
The lien created by §
66-19-101
also extends to any aircraft engine, aircraft propeller, and any other part or spare part used in, or which under normal circumstances would be used in, an aircraft, aircraft engine or aircraft propeller, whether or not any such component has been attached to or incorporated into an aircraft.
(b)
The lien created by §
66-19-101
, as to any type of conveyance used in the transportation of persons or merchandise through the air, propelled by any sort of power, shall also arise for any repairs or improvements made or parts or fixtures furnished at the request of any lessee of the subject property or any other party having possession of the subject property with the knowledge or permission of the owner or owner's agent.
Acts 1990, ch. 756, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 20 - LIENS ON ANIMALS (§§ 66-20-101 — 66-20-107) › Section 66-20-101 - Pasturage lien

When any horse or other animal is received to pasture for a consideration, the farmer shall have a lien upon the animal for the farmer's proper charges, the same as the innkeeper's lien at common law; and in addition the farmer shall have a statutory lien for six (6) months.
Acts 1868-1869, ch. 16, § 1; Shan., § 3552; Code 1932, §7975; T.C.A. (orig. ed.), § 64-2001.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 20 - LIENS ON ANIMALS (§§ 66-20-101 — 66-20-107) › Section 66-20-102 - Lien on female for service of male

(a)
Where the lien for pasturage shall occur in virtue of §
66-20-101
, the charges shall include also those for the service of any jack, bull, ram, or boar; provided, that the charge for the service of such animal to the female shall have been agreed upon between the parties.
(b)
This section shall likewise include the service of any stud or stallion.
Acts 1868-1869, ch. 16, § 2; Shan., § 3553; mod. Code 1932, §7976; mod. C. Supp. 1950, § 7976; Acts 1959, ch. 220, § 1; T.C.A. (orig. ed.), § 64-2002.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 20 - LIENS ON ANIMALS (§§ 66-20-101 — 66-20-107) › Section 66-20-103 - Livery stable keeper's lien

Livery stable keepers shall be entitled to the same lien provided for in §
66-20-101
on all stock received by them for board and feed, or vehicle kept and/or conditioned, until all reasonable charges are paid.
Acts 1868-1869, ch. 16, § 3; Shan., § 3556; mod. Code 1932, § 7979; modified; T.C.A. (orig. ed.), § 64-2003.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 20 - LIENS ON ANIMALS (§§ 66-20-101 — 66-20-107) › Section 66-20-104 - Lien on offspring for service of male

(a)
Any person keeping a jack, bull, ram, or boar, for public use, shall have a lien on the offspring of the same for the season charge to be paid.
(b)
This section shall likewise include the service of any stud or stallion.
Acts 1873, ch. 93; Shan., § 3554; mod. Code 1932, § 7977; mod. C. Supp. 1950, §7977; Acts 1959, ch. 220, § 2; T.C.A. (orig. ed.), § 64-2004.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 20 - LIENS ON ANIMALS (§§ 66-20-101 — 66-20-107) › Section 66-20-105 - Duration of lien on offspring

(a)
The lien provided for in §
66-20-104
, so far as it affects the offspring of jacks and bulls shall exist for two (2) years from the birth of such offspring and so far as it affects rams and boars shall continue for twelve (12) months from the birth of such offspring.
(b)
This section shall likewise include the service of any stud or stallion.
Acts 1873, ch. 93, § 1; 1879, ch. 259, § 1; 1883, ch. 126, § 1; Shan., § 3555; Acts 1923, ch. 33; mod. Code 1932, § 7978; Acts 1941, ch. 134, § 1; mod. C. Supp. 1950, § 7978; Acts 1959, ch. 220, §3; T.C.A. (orig. ed.), § 64-2005.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 20 - LIENS ON ANIMALS (§§ 66-20-101 — 66-20-107) › Section 66-20-106 - Commercial feed lot proprietors' and operators' lien

Commercial feed lot proprietors and operators shall be entitled to the same lien provided for in §
66-20-101
on all livestock received by them covering all reasonable charges in caring for, boarding, feeding, or pasturing such livestock, until the same have been paid.
Acts 1963, ch. 123, § 1; T.C.A., § 64-2006.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 20 - LIENS ON ANIMALS (§§ 66-20-101 — 66-20-107) › Section 66-20-107 - Lien on female and offspring for artificial insemination

(a)
When any female animal is inseminated by artificial means for a fee, the person providing the service shall have for a charge a lien on the female and on any offspring resulting from such service.
(b)
The duration of the lien on offspring shall be for twelve (12) months from the date of birth of such offspring.
Acts 1965, ch. 102, § 1; T.C.A., § 64-2007.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 1 - GENERAL PROVISIONS (§§ 66-21-101 — 66-21-111) › Section 66-21-101 - Enforcement of liens where method not prescribed

Any and all liens given by statute on personal property, except attorney's lien, where no method of enforcing the same is specifically prescribed by statute, may be enforced by original attachment issued by any court having jurisdiction of the amount claimed to be due without necessity of fiat, on affidavit that the debt is due and unpaid, to be levied on the property upon which the lien exists, be it either in the hands of the creditor, owner, or other party not an innocent purchaser.
Acts 1889, ch. 12, § 1; Shan., § 5330; mod. Code 1932, § 8042; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 64-2101.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 1 - GENERAL PROVISIONS (§§ 66-21-101 — 66-21-111) › Section 66-21-102 - Lien book furnished to register

It is imperative that the county legislative body purchase and furnish to the register of each county a well-bound book to be known as and labeled "Lien Book," in which all pages shall be blank except the index pages described in §
66-21-103
.
Code 1932, § 8058; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 64-2102.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 1 - GENERAL PROVISIONS (§§ 66-21-101 — 66-21-111) › Section 66-21-103 - Form and contents of lien book

(a)
The register shall enter in the notebook the time of reception, and record in the lien book or a combined lien book, all abstracts, memoranda or certified copies of judgments, decrees, lis pendens, mechanics' or furnishers' liens, and such other liens as are required or authorized to be recorded. The register shall also enter in the notebook the time of reception of the release of any lien of record and record the release in the lien book.
(b)
The register shall index the recordings of liens and releases and shall note the nature of the lien in the index. The register shall have discretion to maintain a separate direct and reverse index, or to combine the index with the federal lien direct and reverse index or to combine it with the other indexes of the office in a master direct and reverse index.
Code 1932, § 8059; T.C.A. (orig. ed.), § 64-2103; Acts 1988, ch. 636, § 7.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 1 - GENERAL PROVISIONS (§§ 66-21-101 — 66-21-111) › Section 66-21-104 - Notation of time of filing

(a)
The register shall note in the notebook the date, hour and minute of receiving each instrument evidencing or releasing a lien.
(b)
In any county having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700) according to the 1980 federal census or any subsequent federal census, the register shall note on each such abstract, memorandum or copy the date, hour and minute of the filing.
Code 1932, § 8060; T.C.A. (orig. ed.), § 64-2104; Acts 1988, ch. 636, § 8; 1990, ch. 902, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 1 - GENERAL PROVISIONS (§§ 66-21-101 — 66-21-111) › Section 66-21-106 - Penalty for failure to release

If the plaintiff, complainant, lienor or owner of any lien filed and registered pursuant to this part fails, neglects or refuses to release a lien that is satisfied, within fifteen (15) days after written demand of the defendant or lienee, such person shall be liable to the penalty prescribed for failure to release a mortgage on demand after the payment of the debt secured.
Code 1932, § 8063; T.C.A. (orig. ed.), § 64-2106.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 1 - GENERAL PROVISIONS (§§ 66-21-101 — 66-21-111) › Section 66-21-107 - Originals filed under prior law

Any original instrument evidencing a lien filed under prior law shall be maintained until released or until the lien has lapsed.
Code 1932, § 8062; T.C.A. (orig. ed.), § 64-2107; Acts 1988, ch. 636, § 10.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 1 - GENERAL PROVISIONS (§§ 66-21-101 — 66-21-111) › Section 66-21-108 - [Repealed]

Repealed by 2019 Tenn. Acts, ch. 142, s 1, eff. 4/5/2019.
Added by 2018 Tenn. Acts, ch. 1042, s 1, eff. 5/21/2018.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 1 - GENERAL PROVISIONS (§§ 66-21-101 — 66-21-111) › Section 66-21-109 - Certified copies of records as evidence

A copy of the abstract, memorandum or copy, as released or unreleased, certified by the register, shall be received as evidence in any court or tribunal.
Acts 1897, ch. 96, § 5; Shan., § 4714a5; mod. Code 1932, § 8065; T.C.A. (orig. ed.), § 64-2109.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 1 - GENERAL PROVISIONS (§§ 66-21-101 — 66-21-111) › Section 66-21-110 - Tolling of limitations period for perfection or enforcement of liens against debtor in bankruptcy

Notwithstanding any other law to the contrary, if due to the filing of a bankruptcy petition under title 11 of the United States Code (11 U.S.C.), a creditor is stayed from filing the necessary documents to create or enforce a lien or security interest against the debtor's property, then any statute of limitations created or established by law for the perfection or enforcement of a lien or security interest shall be tolled until ninety (90) days after any of the following actions occur with respect to the filing of the bankruptcy petition:
(1)
The stay is lifted as to the creditor;
(2)
The case is discharged; or
(3)
The case is dismissed.
Acts 2006, ch. 684, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 1 - GENERAL PROVISIONS (§§ 66-21-101 — 66-21-111) › Section 66-21-111 - Entry of release of lien - Fee

In any county having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700) according to the 1980 federal census or any subsequent federal census the record of liens so provided may be released by the plaintiff, complainant, lienor or owner of the lien, or such person's attorney of record, entering in the blank space under the record of such lien the words "Released in full," or their equivalent, dating and signing the same, which entry shall be witnessed in writing on the record by the register or the register's deputy, for which service the register is entitled to a fee of three dollars ($3.00) to be paid by the lienor, unless the contract provides otherwise.
Acts 1990, ch. 902, § 2; T.C.A., §
66-21-121
.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 2 - FEDERAL TAX LIENS (§§ 66-21-201 — 66-21-206) › Section 66-21-201 - Recording of notices of liens - Fees

(a)
Notices of liens for taxes or other obligations payable to the United States, and certificates discharging and notices affecting such liens, including certificates of redemption relating to the liens, shall be recorded in the office of the register of deeds of the county within which the property subject to such lien is situated.
(b)
There shall be no fees collected by the county register at the time the notice of the lien or certificate discharging the lien is recorded, but the register shall extend credit to the United States for such recording fees as are chargeable, and submit the bill at the end of each month to the district director of the internal revenue service or other appropriate federal official in order to obtain payment. Notices of federal liens and any certificates of discharge or certificates of redemption, after proper indexing, shall be recorded in a separate book of federal liens or in any combined system of recording.
Acts 1927, ch. 56, § 1; Code 1932, § 8029; Acts 1975, ch. 52, § 1; T.C.A. (orig. ed.), § 64-2110; Acts 1987, ch. 161, § 1; 1991, ch. 60, §§ 1, 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 2 - FEDERAL TAX LIENS (§§ 66-21-201 — 66-21-206) › Section 66-21-202 - Lien index, lien books, and filing of notices

When notice of the lien is filed, the register shall forthwith enter the same in an alphabetical federal lien index, or the lien book, showing on one (1) line the name and residence of the lien debtor named in such notice, the serial number of such notice, the date and hour of filing, and the amount of tax or other obligation with interest, penalties and costs.
Acts 1927, ch. 56, § 2; mod. Code 1932, § 8030; modified; T.C.A. (orig. ed.), § 64-2111; Acts 1987, ch. 161, § 2; 1991, ch. 60, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 2 - FEDERAL TAX LIENS (§§ 66-21-201 — 66-21-206) › Section 66-21-203 - Book furnished for notices

The federal lien index, or lien book in lieu, and file or files for the federal lien notices shall be furnished to the county register in the manner now provided by law for the furnishing of books in which deeds are recorded.
Acts 1927, ch. 56, § 4; mod. Code 1932, § 8032; T.C.A. (orig. ed.), § 64-2112; Acts 1987, ch. 161, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 2 - FEDERAL TAX LIENS (§§ 66-21-201 — 66-21-206) › Section 66-21-204 - Discharge of lien or certificate of redemption

When a certificate of discharge of any lien or certificate of redemption issued by the director of the internal revenue service or other proper officer is recorded in the office of the register where the original notice of lien is recorded, the register shall enter the same with the date of filing in the proper index.
Acts 1927, ch. 56, § 3; Code 1932, § 8031; modified; T.C.A. (orig. ed.), § 64-2113; Acts 1987, ch. 161, § 4; 1991, ch. 60, § 4.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 2 - FEDERAL TAX LIENS (§§ 66-21-201 — 66-21-206) › Section 66-21-205 - Applicability of part

This part applies to federal tax liens and to all other federal lien notices, including certificates of redemption, which, under any act of congress or any regulation adopted pursuant thereto, are required or permitted to be recorded in the same manner as notices of federal tax liens or in the one (1) office designated within the state for the recording of federal liens, and to designate the one (1) office within this state for these purposes.
Acts 1927, ch. 56, § 5; mod. Code 1932, § 8033; modified; T.C.A. (orig. ed.), § 64-2114; Acts 1987, ch. 161, § 5; 1991, ch. 60, § 5.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 21 - RECORDING AND ENFORCEMENT OF LIENS (§§ 66-21-101 — 66-21-206) › Part 2 - FEDERAL TAX LIENS (§§ 66-21-201 — 66-21-206) › Section 66-21-206 - Uniformity of construction

This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Acts 1927, ch. 56, § 6; Code 1932, § 8034; T.C.A. (orig. ed.), § 64-2115.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 22 - ACKNOWLEDGMENT OF INSTRUMENTS (§§ 66-22-101 — 66-22-115) › Section 66-22-101 - Authentication

(a)
Unless otherwise provided by law, to authenticate an instrument or document for registration or recording in the office of the county register, the maker or the natural person acting on behalf of the maker shall execute the instrument or document by that person's original signature, and the signature shall be either acknowledged according to law or proved by at least two (2) subscribing witnesses. The county register may refuse to record any instrument or document not authenticated in accordance with this section.
(b)
For purposes of this section, "person's original signature" includes an electronic signature as defined in §
8-16-302
.
(c)
For purposes of this title and subject to subsection (d), a person may personally appear before the officer taking the acknowledgment by:
(1)
Appearing physically before the officer; or
(2)
Appearing by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state pursuant to the Online Notary Public Act, compiled in title 8, chapter 16, part 3, to provide for the orderly administration of this chapter.
(d)
The acknowledging officer must designate in the acknowledgment form whether the principal personally appeared before the officer by means of an interactive two-way audio and video communication pursuant to subdivision (c)(2). If the person appears by means of an interactive two-way audio and video communication, the appearance and the certificate shall be deemed compliant with this chapter if the acknowledging officer amends the acknowledgment forms set forth in §§
66-22-107
,
66-22-108
, and
66-22-114
, to read "personally appeared before me by audio-video communication" or "personally appeared by audio-video communication" or "before me appear by audio-video communication" rather than "personally appeared before me" or "personally appeared" or "before me appear".
Amended by 2018 Tenn. Acts, ch. 931, s 1, eff. 7/1/2019.
Code 1858, § 2038 (deriv. Acts 1805, ch. 16, § 2; 1807, ch. 85, §3; 1831, ch. 90, §1; 1839-1840, ch. 26, § 1); Shan., § 3712; Code 1932, § 7630; T.C.A. (orig. ed.), § 64-2201; Acts 1986, ch. 717, § 1; 2004, ch. 576, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 22 - ACKNOWLEDGMENT OF INSTRUMENTS (§§ 66-22-101 — 66-22-115) › Section 66-22-102 - Persons authorized to take acknowledgments within state

If the person executing the instrument resides or is within the state, the acknowledgment shall be made before the county clerk, or legally appointed deputy county clerk, or clerk and master of chancery court of some county in the state or before a notary public of some county in this state.
Code 1858, § 2039 (deriv. Acts 1807, ch. 85, § 3; 1835-1836, ch. 53, §§ 5, 6; 1837-1838, ch. 150, § 1); Acts 1870, ch. 71, §1; 1870-1871, ch. 11, § 1; Shan., § 3713; Acts 1919, ch. 104, §§ 1-3; Shan. Supp., §§ 3714a1-3714a3; mod. Code 1932, § 7631; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 64-2202.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 22 - ACKNOWLEDGMENT OF INSTRUMENTS (§§ 66-22-101 — 66-22-115) › Section 66-22-103 - Acknowledgment in other states or territories

If the person executing the instrument resides or is beyond or without the limits of the state, but within the union or its territories or districts, the acknowledgment may be made:
(1)
Before any court of record, or before the clerk of any court of record; or, before a commissioner for Tennessee, appointed by the governor; or before a notary public authorized there to take proof or acknowledgments. If the acknowledgment is made before a court of record, a copy of the entry of the acknowledgment on the record shall be certified by the clerk, under the clerk's seal of office; and the judge, chief justice, or presiding magistrate of the court shall certify as to the official character of the clerk; or
(2)
Before any other officer of such state, territory or district, authorized by the laws there to take the proof and acknowledgment of deed. There shall in cases under this subdivision (2) be subjoined or attached to the certificate of proof or acknowledgment, signed by such other officer, a certificate of the secretary of state of the state or territory in which such officer resides, under the seal of such state, territory, or a certificate of the clerk of a court of record of such state, territory, or district, in the county in which the officer resides or in which the officer took such proof or acknowledgment under the seal of such court, stating that such officer was, at the time of taking such proof or acknowledgment duly authorized to take acknowledgments and proof of deeds of lands in the state, territory, or district, and that the secretary of state or clerk of court is well acquainted with the handwriting of such officer, and that the officer verily believes that the signature affixed to such certificate of proof or acknowledgment is genuine.
Code 1858, § 2040 (deriv. Acts 1807, ch. 85, § 3); 1831, ch. 90, § 9; 1839-1840, ch. 26, §§ 2, 3, 5; 1855-1856, ch. 115, § 1; Shan., § 3715; Acts 1919, ch. 48, §§ 3, 4; Shan. Supp., §§ 3747a4, 3747a5; mod. Code 1932, § 7632; T.C.A. (orig. ed.), § 64-2203.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 22 - ACKNOWLEDGMENT OF INSTRUMENTS (§§ 66-22-101 — 66-22-115) › Section 66-22-104 - Acknowledgment in foreign countries

(a)
If the person executing the instrument resides or is beyond the limits of the union and its territories, the acknowledgment may be made:
(1)
Before a commissioner for Tennessee appointed in the country where the acknowledgment is made, having an official seal;
(2)
Before a notary public of such country, having an official seal; and
(3)
Before a consul, charge d'affaires, envoy, minister, or ambassador of the United States in the country to which such person is accredited and where the acknowledgment is made.
(b)
When the seal affixed contains the name or official style of such officer, any error, in stating or failing to state otherwise such name or official style of the officer, shall not render the certificate defective.
Code 1858, § 2041 (deriv. Acts 1839-1840, ch. 26, §§ 2-4); Shan., § 3716; Acts 1921, ch. 82, § 1; Shan. Supp., § 3747a10; mod. Code 1932, § 7633; T.C.A. (orig. ed.), § 64-2204.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 22 - ACKNOWLEDGMENT OF INSTRUMENTS (§§ 66-22-101 — 66-22-115) › Section 66-22-105 - Authentication of instruments by or to county clerk

The probate or acknowledgment of any deed or other instrument, made by or to a clerk of any county, may be taken and made before the judge having probate jurisdiction in the clerk's county, the clerk and master or the notary public, and the authentication entered on record in the office of the county clerk as other instruments; provided, that the clerk collect and account for the state tax on all such instruments as though the acknowledgment had been taken before the clerk.
Code 1858, § 2069; Acts 1868-1869, ch. 32, § 1; Shan., § 3746; mod. Code 1932, § 7661; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), § 64-2205.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 22 - ACKNOWLEDGMENT OF INSTRUMENTS (§§ 66-22-101 — 66-22-115) › Section 66-22-106 - Postponement pending identification

(a)
If the clerk or deputy clerk does not know, is not personally acquainted with, or does not have satisfactory evidence of a person wishing to make acknowledgment of the execution of an instrument, the clerk or deputy clerk shall file it, and note, on the record of the probate of deeds, the date of the presentation of the instrument, and the reason of the postponement of the acknowledgment; and then, within twenty (20) days, the party may produce witnesses before the clerk or deputy clerk, to prove the identity of the person so offering to acknowledge the same; and the deed, when acknowledged after such proof, shall take effect from the filing with the clerk.
(b)
For purposes of this chapter, "know" or "personally acquainted with" means having an acquaintance, derived from association with the individual in relation to other people and based upon a chain of circumstances surrounding the individual, which establishes the individual's identity with at least reasonable certainty.
(c)
For the purposes of this chapter, "satisfactory evidence" means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person making the acknowledgment is not the individual such person claims to be and any one (1) of the following:
(1)
The oath or affirmation of a credible witness personally known to the officer that the person making the acknowledgment is personally known to the witness;
(2)
Reasonable reliance on the presentation to the officer of any one of the following, if the document is current or has been issued within five (5) years:
(A)
An identification card or driver's license issued by the department of safety; or
(B)
A passport issued by the United States department of state; or
(3)
Reasonable reliance on the presentation of any one (1) of the following, if the document is current or has been issued within five (5) years and contains a photograph and description of the person named on it, is signed by the person, bears a serial or other identifying number, and, in the event that the document is a passport, has been stamped by the United States immigration and naturalization service:
(A)
A passport issued by a foreign government;
(B)
A driver's license issued by a state other than this state;
(C)
An identification card issued by a state other than this state; or
(D)
An identification card issued by any branch of the armed forces of the United States.
(d)
An officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with this chapter.
(e)
Any party who files an action for damages based on the failure of the officer to establish the proper identity of the person making the acknowledgment shall have the burden of proof in establishing the negligence or misconduct of the officer.
Code 1858, § 2047 (deriv. Acts 1833, ch. 92, §§ 13, 14); Shan., §3722; Code 1932, § 7637; T.C.A. (orig. ed.), § 64-2206; Acts 1983, ch. 158, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 22 - ACKNOWLEDGMENT OF INSTRUMENTS (§§ 66-22-101 — 66-22-115) › Section 66-22-107 - Form of certificate of acknowledgment

(a)
If the acknowledgment is made before a county clerk or deputy, or clerk and master, or notary public, or before any of the officers out of the state who are commissioned or accredited to act at the place where the acknowledgment is taken, and having an official seal, viz: those named in §§
66-22-103
and
66-22-104
, and, also, any consular officer of the United States having an official seal, such officer shall write upon or annex to the instrument the following certificate, in which the officer shall set forth such officer's official capacity:
State of Tennessee )
County of ______________ )
Personally appeared before me, (name of clerk or deputy), clerk (or deputy clerk) of this county, (bargainor's name), the within named bargainor, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that such person executed the within instrument for the purposes therein contained.
Witness my hand, at office, this ____________________ day of ____________________, 20____________________.
(b)
Or, in the alternative, the following certificate, in case of natural persons acting in their own right:
State of Tennessee )
County of ______________ )
On this ____________________ day of ____________________, 20____________________, before me personally appeared ______________, to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that such person (or persons) executed the same as such person's (or persons') free act and deed.
(c)
Or, in case of natural persons acting by attorney:
State of Tennessee )
County of ______________ )
On this ____________________ day of ____________________, 20____________________, before me personally appeared ______________, to me known (or proved to me on the basis of satisfactory evidence) to be the person who executed the foregoing instrument in behalf of ____________________ acknowledged that such person executed the same as the free act and deed of ____________________.
Code 1858, § 2042 (deriv. Acts 1831, ch. 90, § 3); Shan., §3717; Acts 1919, ch. 48, § 1; Shan. Supp. § 3747a2; mod. Code 1932, § 7634; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 64-2207; Acts 1983, ch. 158, §§ 2, 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 22 - ACKNOWLEDGMENT OF INSTRUMENTS (§§ 66-22-101 — 66-22-115) › Section 66-22-109 - Acknowledgment of married person

The acknowledgment of a married person, when required by law, may be taken in the same form as if such person were sole and without any examination separate and apart from that person's spouse.
Acts 1919, ch. 48, § 2; Shan., Supp., § 3747a3; Code 1932, §7635; Acts 1975, ch. 283, § 1; T.C.A. (orig. ed.), § 64-2209.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 22 - ACKNOWLEDGMENT OF INSTRUMENTS (§§ 66-22-101 — 66-22-115) › Section 66-22-110 - Acknowledgments under seal

All acknowledgments shall be under the seal of office of the officer taking same.
Code 1858, § 2043 (deriv. Acts 1839-1840, ch. 26, § 2); Shan., §3718; mod. Code 1932, § 7636; T.C.A. (orig. ed.), § 64-2210.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 22 - ACKNOWLEDGMENT OF INSTRUMENTS (§§ 66-22-101 — 66-22-115) › Section 66-22-111 - Entry of probate or acknowledgment

The clerk shall enter, in a well-bound book, the probate or acknowledgment of every deed or other instrument of writing proved or acknowledged before the clerk, which entry shall state:
(1)
The date of the presentation of the paper where it is filed with the clerk, but is not proven or acknowledged because the witnesses fail or refuse to attend, or the clerk is not acquainted with the maker of the instrument;
(2)
The date of the probate or acknowledgment;
(3)
The names of the maker of the instrument and the person to whom it is made;
(4)
The number of acres of land or town lots, or parts or portions of tracts of land or town lots, or other property mentioned in the paper; and
(5)
A county or town in which the property is situated.
Code 1858, § 2087 (deriv. Acts 1833, ch. 92, § 15); Shan., § 3767; Code 1932, §7678; T.C.A. (orig. ed.), § 64-2211.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 22 - ACKNOWLEDGMENT OF INSTRUMENTS (§§ 66-22-101 — 66-22-115) › Section 66-22-112 - Fees of clerk

For the clerk's services in this behalf, the clerk shall have the following fees:
(1)
For issuing a subpoena for each witness required to be summoned to prove the execution of a writing .................... $ .25
(2)
For filing and entering the date of the presentation of a deed or other instrument, when its authentication is not completed at the time of presentation, in addition to the fees allowed by law for taking probates and acknowledgments of deeds and other instruments, and certifying the same .................... $ .10
Code 1858, § 2088 (deriv. Acts 1833, ch. 92, § 17); impl. am. Acts 1899, ch. 323, § 1; Shan., § 3768; Code 1932, § 7679; T.C.A. (orig. ed.), § 64-2212.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 22 - ACKNOWLEDGMENT OF INSTRUMENTS (§§ 66-22-101 — 66-22-115) › Section 66-22-113 - Liability of officer for failure to carry out duties

If the clerk or other officer who takes the probate or acknowledgment of a deed or other instrument fails or refuses to comply with and discharge the duties required of the clerk or officer, the clerk or officer shall forfeit and pay the sum of one hundred dollars ($100) for the use of the county in which the clerk or officer resides, which may be recovered by action of debt, in the name of the trustee of the county, in the circuit or chancery court; and the clerk or officer shall, moreover, be liable to the party injured for all damages the clerk or officer may sustain by such failure or refusal, together with costs, to be recovered by action on the case in the circuit or chancery court.
Code 1858, § 2089 (deriv. Acts 1833, ch. 92, § 18); Shan., §3769; mod. Code 1932, § 7680; T.C.A. (orig. ed.), § 64-2213.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 22 - ACKNOWLEDGMENT OF INSTRUMENTS (§§ 66-22-101 — 66-22-115) › Section 66-22-114 - Certificate of acknowledgment form

(a)
If the acknowledgment is made before any of the officers who are authorized to take such acknowledgment under this chapter or any consular officer of the United States having an official seal, such officer shall write upon or annex to the instrument a certificate of acknowledgment. The following form shall constitute a valid certificate of acknowledgment:
State of Tennessee )
County of ______________ )
Personally appeared before me, (name of officer), (official capacity of officer), (name of the natural person executing the instrument), with whom I am personally acquainted, and who acknowledged that such person executed the within instrument for the purposes therein contained (the following to be included only where the natural person is executing as agent), and who further acknowledged that such person is the (identification of the agency position of the natural person executing the instrument, such as "attorney-in-fact" or "president" or "general partner") of the maker or a constituent of the maker and is authorized by the maker or by its constituent, the constituent being authorized by the maker, to execute this instrument on behalf of the maker.
Witness my hand, at office, this ____________________ day of ______________, 20____________________.
(b)
Any certificate clearly evidencing intent to authenticate, acknowledge or verify a document shall constitute a valid certificate of acknowledgment for purposes of this chapter and for any other purpose for which such certificate may be used under the law. It is the legislative intent that no specific form or wording be required in such certificate and that the ownership of property, or the determination of any other right or obligation, shall not be affected by the inclusion or omission of any specific words.
Acts 1986, ch. 717, § 2; 1987, ch. 125, §§ 1, 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 22 - ACKNOWLEDGMENT OF INSTRUMENTS (§§ 66-22-101 — 66-22-115) › Section 66-22-115 - Recognition of certificate of acknowledgment

(a)
The form of a certificate of acknowledgment used by a person whose authority is recognized under §§
66-22-103
and
66-22-104
, shall be accepted in this state if the:
(1)
Certificate is in a form prescribed by the laws or regulations of this state; or
(2)
Certificate is in a form prescribed by the laws or regulations applicable in the other state, or territory, or foreign country in which the acknowledgment is taken.
(b)
A notarial act performed prior to March 29, 1995, is not affected by this section. This section provides an additional method of proving notarial acts. Nothing in this section diminishes or invalidates the recognition accorded to notarial acts by other laws or regulations of this state.
Acts 1995, ch. 52, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-101 - Witnesses outside state when maker unavailable

If the person executing the instrument is dead, or resides or is beyond the limits of the United States and its territories, the instrument may be proved for registration before any clerk of a court of record in any of the states or territories, or before a commissioner for Tennessee, appointed by the governor, in any such state or territory, or before a notary public of such state or territory, by two (2) subscribing witnesses, or, if one (1) of them is dead, then by the subscribing witness living, and proof of the handwriting of the deceased witness by two (2) persons acquainted with such person's handwriting.
Acts 1869-1870, ch. 122, § 1; Shan., § 3731; Code 1932, §7646; T.C.A. (orig. ed.), § 64-2301.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-102 - Witnesses within state

If the subscribing witnesses reside or are within the state, they shall appear before the clerk or deputy clerk of the county where it is proposed to prove the instrument.
Code 1858, § 2048 (deriv. Acts 1835-1836, ch. 53, §§ 5, 6; 1837-1838, ch. 150, § 1); Shan., § 3723; mod. Code 1932, § 7638; impl. am. Acts 1978, ch. 934, §§22, 36; T.C.A. (orig. ed.), § 64-2302.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-103 - One witness in state

If only one (1) of the subscribing witnesses resides within the state, that witness may prove the execution of the instrument, the handwriting of the other witness or witnesses being proved by some other person.
Code 1858, § 2049 (deriv. Acts 1831, ch. 90, § 10); Shan., § 3724; Code 1932, §7639; T.C.A. (orig. ed.), § 64-2303.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-104 - One witness competent

If all the subscribing witnesses are dead, insane, blind, or deaf or hard of hearing, except one (1), that witness may prove the execution of the instrument before the clerk or deputy clerk of the county, the handwriting of the other witness being proved by some other person.
Amended by 2022 Tenn. Acts, ch. 642, s 1, eff. 3/11/2022.
Code 1858, § 2055 (deriv. Acts 1831, ch. 90, § 10); Shan., §3730; mod. Code 1932, § 7645; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 64-2304.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-105 - Witnesses in another state

If the witnesses reside or are in any other state of the union, the proof shall be made before the same officers and tribunals who can take the acknowledgment of the maker of the instrument.
Code 1858, § 2053 (deriv. Acts 1839-1840, ch. 26, § 5); Shan., §3728; Code 1932, § 7643; T.C.A. (orig. ed.), § 64-2305.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-106 - Witnesses outside country

If the witnesses, or any of them, reside or are beyond the limits of the United States, the instrument may be proved by two (2) subscribing witnesses before the same officers and tribunals who have authority out of the state to take the acknowledgment of the person who executed the same.
Code 1858, § 2052 (deriv. Acts 1839-1840, ch. 26, § 2); Shan., §3727; Code 1932, § 7642; T.C.A. (orig. ed.), § 64-2306.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-107 - Testimony before foreign court - Proof of handwriting

If the witnesses reside without the limits of the state, the party desiring the probate of the instrument may procure their testimony to be entered of record in any court of record having cognizance thereof or may prove the instrument by two (2) persons acquainted with the handwriting of the person who executed the same, before the clerk or deputy clerk of some county in Tennessee.
Code 1858, §§ 2050, 2051 (deriv. Acts 1809 (Sept.), ch. 104; 1831, ch. 90, §10); Shan., §§ 3725, 3726; Code 1932, §§ 7640, 7641; T.C.A. (orig. ed.), § 64-2307.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-108 - Subpoena for witnesses

When an instrument is presented to a clerk or deputy clerk for probate, and the party presenting it suggests to the clerk that the subscribing witnesses or any of them refuse to appear and give evidence of the execution of the instrument, the clerk shall issue a subpoena to compel the attendance of the recusant witnesses to prove the execution of the instrument.
Code 1858, § 2056 (deriv. Acts 1833, ch. 92, § 8); Shan., § 3733; Code 1932, §7648; T.C.A. (orig. ed.), § 64-2308.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-109 - Form of subpoena

The subpoena provided for in §
66-23-108
shall command the officer to summon the witnesses to appear before the clerk at the clerk's office, on a certain day specified in it, to give their evidence touching the execution of the instrument, or other authentication thereof, under a penalty of two hundred dollars ($200), to be recovered, in case of failure to attend, as other forfeitures for disobeying subpoenas.
Code 1858, § 2059 (deriv. Acts 1806, ch. 49, § 1); Shan., § 3736; Code 1932, §7651; T.C.A. (orig. ed.), § 64-2309.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-110 - Witness fees

(a)
The witness fees, to be paid by the party summoning them, at the time of their attendance, shall be the following:
(1)
For each day's attendance, seventy-five cents (75¢); and
(2)
For every thirty (30) miles traveling to and from the clerk's office, seventy-five cents (75¢); provided, that no mileage shall be allowed a witness who resides within the county where the instrument is to be proved.
(b)
Should the party fail or refuse to pay the witness fees, the witness may recover the same before a general sessions court.
Code 1858, §§ 2060-2062 (deriv. Acts 1806, ch. 49, § 2; 1833, ch. 92, §9); Shan., §§ 3737-3739; Code 1932, §§ 7652-7654; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 64-2310.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-111 - Execution of subpoena

Any sheriff or constable, into whose hands the subpoena may come, shall execute it, without delay, on the witness or witnesses named in it, but not unless the party suing out the subpoena pay or tender to the sheriff or constable a fee of one dollar ($1.00) for summoning each witness.
Code 1858, § 2063 (deriv. Acts 1833, ch. 92, § 11); Shan., § 3740; Code 1932, § 7655; modified; T.C.A. (orig. ed.), § 64-2311.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-112 - Liability of witness for failure to attend

Should any witness, summoned as provided in §
66-23-108
, fail or refuse to attend, that witness shall be subject to an action on the case for damages at the suit of the party by whom the witness was summoned.
Code 1858, § 2064 (deriv. Acts 1833, ch. 92, § 10); Shan., § 3741; Code 1932, §7656; T.C.A. (orig. ed.), § 64-2312.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-113 - Sheriff's liability for failure to serve subpoena

If the sheriff fails or refuses to serve a subpoena for witnesses in such case, the sheriff shall be liable to a like action for damages, but not unless the sheriff's fees are tendered or paid.
Code 1858, § 2065 (deriv. Acts 1833, ch. 92, § 12); Shan., § 3742; Code 1932, §7657; T.C.A. (orig. ed.), § 64-2313.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-114 - Proof of handwriting of maker

If all the subscribing witnesses are dead, insane, blind, or deaf or hard of hearing, the instrument may be proved before the county clerk or deputy county clerk by any two (2) persons who are acquainted with the handwriting of the maker of the same.
Amended by 2022 Tenn. Acts, ch. 642, s 1, eff. 3/11/2022.
Code 1858, § 2054 (deriv. Acts 1831, ch. 90, § 10); Shan., § 3729; Code 1932, § 7644; impl. am. Acts 1978, ch. 934, §§22, 36; T.C.A. (orig. ed.), § 64-2314.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-115 - Proof by handwriting of maker or witnesses

If the person executing the instrument is dead, or resides or is beyond the limits of the United States and its territories, and the subscribing witnesses are dead, or have become insane or blind, or deaf or hard of hearing, since they became subscribing witnesses, or they cannot be found, then the instrument may be proven for registration before any of the officers mentioned in §
66-23-101
, by any two (2) persons acquainted with the handwriting of such maker or such witnesses.
Amended by 2022 Tenn. Acts, ch. 642, s 1, eff. 3/11/2022.
Acts 1869-1870, ch. 122, § 2; Shan., § 3732; Code 1932, §7647; T.C.A. (orig. ed.), § 64-2315.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-116 - Examination of witnesses

When the witness or witnesses appear before the clerk, the clerk shall propound to them such questions as the clerk may find requisite to establish the facts necessary to authenticate the instrument, whether it be the identity of the maker, the maker's handwriting, or the handwriting of a nonresident or deceased witness.
Code 1858, § 2057 (deriv. Acts 1831, ch. 90, § 2); Shan., § 3734; Code 1932, §7649; T.C.A. (orig. ed.), § 64-2316.