3. A Justice of the Peace; or, 4. A County Recorder; or, 5. A Notary Public. N. Y. C. C., Sec. 517; 66 Conveyances," Sec. 4; Hopkins vs. Delaney, 8 Cal., 85; Ingoldsby vs. Juan, 12 Cal., 564; Muller vs. Boggs, 25 Cal., 175; Kimball vs. Semple, 25 Cal., 440. SEC. 1171. The proof or acknowledgment of an instrument may be made without this State, but within the United States, and within the jurisdiction of the officer, before either 1. A Judge or Clerk of any Court of record of the United States; or, 2. A Judge or Clerk of any Court of record of any State or Territory; or, 3. A Commissioner appointed by the Governor of this N. Y. C. C., Sec. 518; "Conveyances," Sec. 4; Lord vs. SEC. 1172. The proof or acknowledgment of an instrument may be made without the United States, before either 1. A Minister Plenipotentiary, or Minister Extraordinary, or Chargé d'Affaires of the United States, resident and accredited in the country where the proof or acknowledgment is made; or, 2. A Consul or Vice Consul of the United States, resident in that country; or, 3. A Judge of a Court of record of the country where the proof or acknowledgment is made; or, 4. Commissioners appointed for such purposes by the N. Y. C. C., Sec. 519; "Conveyances," Sec. 4; Mott vs. SEC. 1173.. When any of the officers mentioned in the four preceding sections are authorized by law to appoint a deputy, the acknowledgment or proof may be taken by such deputy, in the name of his principal. "Conveyances," Sec. 4; Muller vs. Boggs, 25 Cal., 175. Requisites for acknowledgments. Officer must indorse certificate. Form of certificate. SEC. 1174. The acknowledgment of an instrument must not be taken unless the officer taking it knows, or has satisfactory evidence, on the oath or affirmation of a credible witness, that the person making such acknowl edgment is the individual who is described in and who executed the instrument. N. Y. C. C., Sec. 520; "Conveyances," Sec. 6; Kelsey vs. Dunlap, 7 Cal., 160; Wolf vs. Fogarty, 6 Cal., 224. SEC. 1175. An officer taking the acknowledgment of an instrument must indorse thereon a certificate, signed by himself, stating the fact of acknowledgment and that the person making the same was known to the officer to be the person whose name is subscribed to the instrument as a party, or was proved to be such by the oath or affirmation of a credible witness, whose name shall be inserted in the certificate. If the person is a married woman or an attorney in fact, the certificate shall contain such additional facts as are required by Secs. 1177 and 1178. [New section.] Based on Sec. 7, "Conveyances;" Kelsey vs. Dunlap, 7 Cal., 160; Hopkins vs. Delaney, 8 Cal., 85; Bryan vs. Ramariz, 8 Cal., 461; Henderson vs. Grewell, S Cal., 584; Fogarty vs. Findey, 10 Cal., 239; Touchard vs. Crow, 20 Cal., 150; Stark vs. Barrett, 15 Cal., 361; Colton vs. Seavy, 22 Cal., 496; Kimball vs. Semple, 25 Cal., 440; Jansen vs. Cahill, 22 Cal., 563; McMinn vs. O'Conner, 27 Cal., 328. SEC. 1176. The certificate must be substantially in the following form: Attorney in fact must exhibit to officer, what. On this day of in the year before me [here insert the name of the officer, followed by the name of the office], personally appeared known -] to be the person whose name is subscribed to the within instrument, and acknowledged to me that he [or they] executed to me [or proved to me on the oath of the same. [New section.] [Name of officer and name of office.] SEC. 1177. When an instrument is subscribed in the name of the principal, by an attorney in fact, who desires to acknowledge the same, he must exhibit to the officer 1. A power of attorney, duly acknowledegd or proved for recording, authorizing the execution of the instru ment; or, 2. If recorded, the original or a certified copy of the record thereof. [New section.] SEC. 1178. The certificate of acknowledgment by an attorney in fact must be substantially in the following -, in the year --, known to me -] to be the person [here insert the name of the officer, followed by the name whose name is subscribed to the within instrument as the and power of attorney duly acknowledged [or proved, if so]. name as attorney in fact. [New section.] subscribed the thereto as principal, and his own [Name of officer and name of office.] Goode vs. Smith and Wife, 13 Cal., 83; Hopkins vs. SEC. 1179. The acknowledgment of a married woman to an instrument purporting to be executed by her must not be taken, unless she is made acquainted by the officer with the contents of the instrument on an examination without the hearing of her husband, nor certified unless she thereupon acknowledges to the officer that she executed the instrument, and that she does not wish to retract such execution. SEC 1180. The certificate of the acknowledgment of a married woman must be substantially in the following form: Form of cer acknowledg tificate when ment is by attorney in fact. Acknowlmarried edgment by women. day of in the year—, before me [here insert the name of the officer, followed by the name known to me -] to be the person of the office], personally appeared [New section.] [Name of officer and name of office.] SEC. 1181. A conveyance or other instrument affecting real property, when acknowledged by a married woman, has the same effect as if she were unmarried, and may be acknowledged in the same manner, except as mentioned in the last two sections, but has no validity until so acknowledged. N. Y. C. C., Sec. 522. SEC. 1182. An interpreter may be employed and sworn by the officer, to interpret, in taking acknowledgment or proof of an instrument, when the parties acknowledging or the witnesses proving do not understand the English language. An interpreter is prima facie presumed to have been employed when necessary, and the fact need not be stated in the certificate. [New section.] SEC. 1183. Proof of the execution of an instrument, when not acknowledged, may be made, either 1. By the party executing it, or either of them; or, 2. By a subscribing witness; or, 3. By other witnesses, in cases mentioned in Sec. 1187. [New section.] "Conveyances," Sec. 10-modified. SEC. 1184. If by a subscribing witness, such witness must be personally known to the officer taking the proof to be the person whose name is subscribed to the instru ment as a witness, or must be proved to be such by the oath of a credible witness. SEC. 1185. The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it, and that such person executed it, and that the witness subscribed his name thereto as a witness. officer shall be indorsed thereon. SEC. 1186. The officer taking the proof must indorse Certificate of a certificate on the instrument, which must set forth1. If proved by the party: the facts required to have setting forth been shown in the certificate of acknowledgment of the party, if it had been taken. 2. If proved by the subscribing witness: that such witness was personally known to the officer granting the certificate to be the person whose name is subscribed to the instrument as a witness, or was proved to be such by the oath or affirmation of a witness whose name must be inserted in the certificate. 3. The proof given by the witness of the execution of the instrument, and of the facts that the person whose name is subscribed to it as a party is the party who executed the same, and that the witness subscribed his name to the instrument as a witness. [New section.] SEC. 1187. "Conveyances," Sec. 13-modified; Kelsey vs. Dunlap, 7 Cal. 160; Fogarty vs. Finlay, 10 Cal., 239; Whit- what. may be The execution of an instrument may be Handwriting established by proof of the handwriting of the party proved, when and of a subscribing witness, in the following cases: 1. When the parties and all the subscribing witnesses are dead; or, 2. When the parties and all the subscribing witnesses are non-residents of the State and refuse to appear and make proof before the proper officer in the jurisdiction where they reside; or, 3. When the place of their residence is unknown to the party desiring the proof, and cannot be ascertained by the exercise of due diligence; or, 4. When the subscribing witness conceals himself, or cannot be found by the officer by the exercise of due dili gence, in attempting to serve the subpoena or attachment; or, 5. In case of the continued failure or refusal of the witness to testify, for the space of one hour, after his appear ance. [New section.] Stats. 1851, 521; " |