ARTICLE II. WHAT OPERATES AS A TRANSFER. SECTION 1140. Transfer of title under sale. 1141. Transfer of title under executory agreement for sale. Transfer of title under SEC. 1140. sale. Transfer of title under executory agreement for sale. When buyer acquires better title than seller has. The title to personal property, sold or exchanged, passes to the buyer whenever the parties agree upon a present transfer, and the thing itself is identified, whether it is separated from other things or not. SEC. 1141. N. Y. C. C., Sec. 497. Title is transferred by an executory agreement for the sale or exchange of personal property only when the buyer has accepted the thing, or when the seller has completed it, prepared it for delivery and offered it to the buyer, with intent to transfer the title thereto, in the manner prescribed by the chapter upon Offer of Performance. N. Y. C. C., Sec. 498. SEC. 1142. Where the possession of personal property, together with a power to dispose thereof, is transferred by its owner to another person, an executed sale by the latter, while in possession, to a buyer in good faith and in the ordinary course of business, for value, transfers to such buyer the title of the former owner, though he may be entitled to rescind and does rescind the transfer made by him. N. Y. C. C., Sec. 499. ARTICLE III. GIFTS. Gifts defined SECTION 1146. Gifts defined. 1147. Gift, how made. 1148. Gift not revocable. 1149. Gift in view of death, what. 1150. When gift presumed to be in view of death. 1151. Revocation of gift in view of death. 1152. Effect of will upon gift. 1153. When treated as legacy. SEC. 1146. A gift is a transfer of personal property, made voluntarily and without consideration. N. Y. C. C., Sec. 500. made. SEC. 1147. A verbal gift is not valid, unless the means Gift, how of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee. N. Y. C. C., Sec. 501. revocable. SEC. 1148. A gift, other than a gift in view of death, Gift not cannot be revoked by the giver. N. Y. C. C., Sec. 502. SEC. 1149. A gift in view of death is one which is made in contemplation, fear or peril of death, and with intent that it shall take effect only in case of the death of the giver. N. Y. C. C., Sec. 503. SEC. 1150. A gift made during the last illness of the giver, or under circumstances which would naturally impress him with an expectation of speedy death, is presumed to be a gift in view of death. N. Y. C. C., Sec. 504. SEC. 1151. A gift in view of death may be revoked by the giver at any time, and is revoked by his recovery from the illness, or escape from the peril, under the presence of which it was made, or by the occurrence of any event which would operate as a revocation of a will made at the same time. N. Y. C. C., Sec. 505. SEC. 1152. A gift in view of death is not affected by a previous will; nor by a subsequent will, unless it expresses an intention to revoke the gift. N. Y. C. C., Sec. 506. SEC. 1153. A gift in view of death must be treated as a legacy, so far as relates only to the creditors of the giver. N. Y. C. C., Sec. 507. CHAPTER IV. RECORDING TRANSFERS OF REAL PROPERTY. ARTICLE I. WHAT MAY BE RECORDED. II. PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS. ARTICLE I. Letters patent may without ment. WHAT MAY BE RECORDED. SECTION 1159. Letters patent may be recorded without acknowledgment. 1180. What kind of instruments may be recorded. 1161. Instruments evidencing title declared by judgment, recorded. 1162. What shall not be recorded. 1163. Instruments proved by other than subscribing witnesses, when and how recorded. 1164. Instruments executed under power of attorney, when deemed recorded. 1165. Powers of attorney, how revoked. SEC. 1159. Letters patent from the United States or from the State of California, duly executed and authentiacknowledg cated pursuant to existing law, granting real property in this State, may be recorded without acknowledgment or further proof. Such recording shall have like effect as the recording of instruments mentioned in the next section. [New section.] Conveyances," Sec. 18. Effect of recording. What kind of instru. ments may be recorded. Instruments evidencing title de clared by recorded. SEC. 1160. Real instruments mentioned in Sec. 1092 may be recorded when acknowledged, or proved and certified as provided in this chapter. [New section.] SEC. 1161 For construction of registration laws generally, see: Woodworth vs. Gutzman, 1 Cal., 203; Call vs. Hastings, 3 Cal., 179; Mesick vs. Sunderland, 6 Cal., 279; Dennis vs. Burnett, 6 Cal., 670; Bird vs. Dennison, 7 Cal., 297; Chamberlain vs. Bell, 7 Cal., 292; Hunter vs. Mason, 12 Cal., 363; Pixley vs. Huggins, 15 Cal., 127; Smith vs. Dall, 13 Cal., 510; Jones vs. Martin, 16 Cal., 165; McCabe vs. Grey, 20 Cal., 509; Wallace vs. Moody, 26 Cal., 387; Fogarty vs. Sawyer, 23 Cal., 570; Page vs. Rogers, 31 Cal., 293. In judgments of partition, and in judg ments determining title to real property, the Court, at judgment, the time of rendering judgment, or at any time thereafter, may require the respective parties, or a Commissioner, to make and acknowledge such grant, for record, as will enable them to have recorded, in the land records, the evidence of their respective titles, as shown by the judgments. What shall not be recorded. [New section.] SEC. 1162. Instruments not acknowledged, or proved and certified as required by this chapter, and instruments not authorized by law to be recorded, shall not be transcribed into the books of record. If so transcribed, the transcription does not impart notice, or have any legal effect. [New section.] Raccoullat vs. Sansevain, 32 Cal., 376, 450; Minn vs. NOTE. The first clause of this section establishes a positive duty, for the violation of which the Recorder is liable to punishment under provisions in the Penal Code. The last clause expresses what arises from implication under the preceding section, as established by numerous adjudications. It is deemed best to give clear expression to the law guarding the public records against unauthorized registration. SEC. 1163. An instrument proved by other than subscribing witnesses, and certified pursuant to Sec. 1189, may be recorded in the proper office, if the original is at the same time deposited therein to remain for public inspection, but not otherwise. N. Y. C. C., Sec. 510; "Conveyances," Sec. 10. SEC. 1164. An instrument executed by an attorney in fact, and filed for record, or transcribed into the proper books of record, shall not be deemed recorded until the power of attorney authorizing the execution of the instrument is also recorded in the same office. They are deemed one instrument, though they may be recorded at different times. [New section.] SEC. 1165. No instrument containing a power to convey or execute instruments affecting real property, which has been recorded, is revoked by any act of the party by whom it was executed, unless the instrument containing such revocation is also acknowledged or proved, certified and recorded in the same office in which the instrument containing the power was recorded. [New section.] "Conveyances," Sec. 28; N. Y. C. C., Sec. 552. By whom acknowledgments may be taken in this State. Same. ARTICLE II. PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS. SECTION 1169. By whom acknowledgments may be taken in this State. 1170. Same. 1171. By whom taken without the State. 1172. By whom taken without the United States. 1173. Deputy can take acknowledgment. 1174. Requisites for acknowledgments. 1175. Officer must indorse certificate. 1176. Form of certificate. 1177. Attorney in fact must exhibit to officer, what. 1178. Form of certificate when acknowledgment is by attorney in fact. 1179. Acknowledgment by married woman. 1180. Form of certificate when acknowledgment is by married woman. 1181. Conveyance by married woman, effect of. 1182. Interpreter may be employed. 1183. Proof of execution, how made. 1184. Witness must be personally known to officer. 1185. Witness shall prove, what. 1186. Certificate of officer shall be indorsed thereon, setting forth what. 1187. Handwriting may be proved, when. 1188. Evidence must prove, what. 1189. Certificate of officer. 1190. Officers authorized to do certain things. 1191. Officers must affix their signatures. 1192. When instrument is improperly certified, party may have action to correct error. 1193. In certain cases, parties interested entitled to action in Court to obtain judgment of proof of an instrument for record. 1194. Conveyances heretofore made to be governed by then exist ing laws. 1195. Recording, and as evidence, to be governed by then existing laws. 1196. Statutes curing acknowledgments, etc., preserved. SEC. 1169. The proof or acknowledgment of an instrument may be made at any place within this State, before a Justice or Clerk of the Supreme Court. N. Y. C. C., Sec. 516; "Conveyances," Sec. 4. SEC. 1170. The proof or acknowledgment of an instrument may be made, in this State, within the city, county or district for which the officer was elected or appointed, before either 1. A Judge or Clerk of a Court of record; or, |