on such notice as the court may require, to show cause why the relief prayed for in the petition should not be granted and, in due course, grant such relief as the court finds to be in the best interests of the minor.

§ 688. Accounting by custodian

(a) The minor, if he has attained the age of 14 years, or the legal representative of the minor, an adult member of the minor's family, or a donor or his legal representative may petition the court for an accounting by the custodian or his legal representative.

(b) The court, in a proceeding under this subchapter or otherwise, may require or permit the custodian or his legal representative to account and, if the custodian is removed, shall so require and order delivery of all custodial property to the successor custodian and the execution of ali instruments required for the transfer thereof.

§ 689. Construction

(a) This subchapter shall be so construed as to effectuate its general purpose to make uniform the law of those States which enact it.

(b) This subchapter shall not be construed as providing an exclusive method for making gifts to minors.

§ 690. Short title

This subchapter may be cited as the Canal Zone Uniform Gifts to Minors Act.

Sec.

CHAPTER 27-PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS

721. By whom acknowledgments taken in Canal Zone.

722. By whom acknowledgments taken outside Canal Zone.

723. By whom acknowledgments taken in foreign countries. 724. Issuance of proper certificates.

725. Notarial acts; armed forces.

726. Requisites for acknowledgment.

727. Certificate of acknowledgment.

728. General form of certificate.

729. Form of certificate of acknowledgment by corporation.

730. Form of certificate of acknowledgment by partnership. 731. Form of certificate of acknowledgment by attorney in fact. 732. Authentication of certificate of acknowledgment.

733. Proof of execution.

734. Identity of witness.

735. Items to be proved by subscribing witness.

736. Proof of handwriting.

737. Evidence of handwriting.

738. Contents of certificate of proof.

739. Other powers of officers.

740. Action to correct defective instrument.

741. Action for judgment proving instrument.

742. Effect of judgment.

743. Instruments executed prior to effective date of Code.

744. Instruments affecting land in District of Columbia, territories, etc.

§ 721. By whom acknowledgments taken in Canal Zone

The proof or acknowledgment of an instrument required by law to be proved or acknowledged may be made in the Canal Zone before: (1) the district judge;

(2) the clerk of the district court;

(3) a magistrate; or

(4) a notary public of the Canal Zone.

8722. By whom acknowledgments taken outside Canal Zone

The proof or acknowledgment of an instrument may be made outside the Canal Zone, but within the United States, and within the jurisdiction of the respective officer, before:

(1) the judge of a court of record or the clerk thereof; or (2) a notary public within any State.

8723. By whom acknowledgments taken in foreign countries An instrument executed in a foreign country may be acknowledged before a diplomatic or consular officer or commercial agent of the United States accredited to it, or before an officer of the foreign country authorized to take acknowledgments. The signature and official character of the foreign officer shall be certified by a diplomatic, consular, or commercial official of the United States.

§ 724. Issuance of proper certificates

The officers authorized to take acknowledgments pursuant to sections 721-723 of this title may issue proper certificates thereof. § 725. Notarial acts; armed forces

(a) A commissioned officer of a component of the Army or Air Force of the United States on active duty in federal service with the Judge Advocate General's Department, a law specialist in the United States Navy and in the United States Coast Guard, a staff judge advocate or acting staff judge advocate, and the adjutant, assistant adjutant, personnel adjutant or commanding officer of a command; or A commanding officer or executive officer of a ship, shore station or establishment and any officer of or above the rank of lieutenant, senior grade, on active duty with the Navy or Coast Guard of the United States; or

An officer of or above the rank of captain on active duty with the United States Marine Corps

may administer and certify oaths or affirmations, attest documents, take acknowledgments, and perform all other notarial acts, for any person serving in or with the armed forces of the United States, wherever located within or without the Canal Zone or for the spouse of a member of the armed forces wherever located within or without the Canal Zone.

(b) An instrument acknowledged by such an officer or an oath or affirmation made before him is not rendered invalid by the failure to state therein the place of execution or acknowledgment. An authentication of the officer's certificate of acknowledgment or of any jurat signed by him is not required but the officer taking the acknowledgment shall indorse thereon or attach thereto a certificate substantially in a form authorized by the laws of the Canal Zone or in the following form:

On this the --

day of

19--, before me

the undersigned officer, personally appeared

known to me (or satisfactorily proven) to be serving ir or with the armed forces of the United States (or to be the spouse of a member of the armed forces of the United States) and to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. And the undersigned does further certify that he is at the date of this certificate a commissioned officer of the rank stated below and is in the active service of the armed forces of the United States.

Signature of officer and serial number, rank, branch of service and capacity in which signed.

(c) To an affidavit subscribed and sworn to before such an officer there shall be attached a jurat substantially in the following form: Subscribed and sworn to before me this --19____.

day of

Signature of officer and serial number, rank, branch of service and capacity in which signed.

(d) The recitals contained in such a certificate or jurat are prima facie evidence of the truth thereof, and a certificate of acknowledgment, oath or affirmation purporting to have been made by a commissioned officer of the Army, Air Force, Navy, Marine Corps or Coast Guard, notwithstanding the omission of any specific recitals therein, constitutes presumptive evidence of the existence of the facts necessary to authorize the acknowledgment, oath or affirmation to be taken by the certifying officer pursuant to this section.

§ 726. Requisites for acknowledgment

The acknowledgment of an instrument may 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 the acknowledgment is the individual who is described in and who executed the instrument; or if executed by a corporation that the person making the acknowledgment is the president or secretary of the corporation, or other person who executed it on its behalf.

8727. Certificate of acknowledgment

An officer taking the acknowledgment of an instrument shall indorse thereon or attach thereto a certificate substantially in the forms prescribed by sections 728-732 of this title.

§ 728. General form of certificate

(a) Unless it is otherwise provided in this chapter, the certificate of acknowledgment shall be substantially in the following form: UNITED STATES OF AMERICA,

in the year

before me (here insert

-) to be the

name and quality of the officer), personally appeared known to me (or proved to me on the oath of person whose name is subscribed to the within instrument, and acknowledged that he (she or they) executed the same.

(b) An acknowledgment taken without the Canal Zone in accordance with the laws of the place where the acknowledgment is made is sufficient in the Canal Zone. The certificate of the clerk of a court of record of the county or district where the acknowledgment is taken, that the officer certifying to it is authorized by law so to do, and that the signature of the officer to the certificate is his true and genuine signature, and that the acknowledgment is taken in accordance with the laws of the place where the same is made, is prima facie evidence of the facts stated in the certificate of the clerk.

§ 729. Form of certificate of acknowledgment by corporation (a) The certificate of acknowledgment of an instrument executed by a corporation shall be substantially in the following form:

UNITED STATES OF AMERICA,

On this

Canal Zone, 88: day of

in the year

before me

(here insert the name and quality of the officer), personally appeared -, known to me (or proved to me on the oath of

-) to

be the president (or the secretary) of the corporation that executed the within instrument (where, however, the instrument is executed in behalf of the corporation by some one other than the president or secretary insert: known to me (or proved to me on the oath of -) to be the person who executed the within instrument on behalf of the corporation therein named) and acknowledged to me that such corporation executed the same.

(b) The certificate of acknowledgment of an instrument executed by a corporation, by its president or vice president and secretary or assistant secretary, other than an instrument conveying or otherwise transferring all, or substantially all, the assets of the corporation, may contain, in addition to the matters set forth in subsection (a) of this section, a statement substantially in the following form: "and acknowledged to me that the corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors"; and that recital is prima facie evidence that the instrument is the act of the corporation, and that it was duly executed pursuant to authority duly given by its by-laws or the board of directors, and conclusive evidence of those matters in favor of any good faith purchaser, lessee or encumbrancer.

§ 730. Form of certificate of acknowledgment by partnership The certificate of acknowledgment of an instrument executed by a partnership shall be substantially in the following form:

UNITED STATES OF AMERICA,

On this

Canal Zone, 88: day of

in the year

before me

(here insert the name and quality of the officer), personally appeared known to me (or proved to me on the oath of -) to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that the partnership executed the same.

§ 731. Form of certificate of acknowledgment by attorney in fact

The certificate of acknowledgment by an attorney in fact shall be substantially in the following form:

UNITED STATES OF AMERICA,

On this

Canal Zone, 88: day of

in the year

before me

(here insert the name and quality of the officer), personally appeared known to me (or proved to me on the oath of -) to be the person whose name is subscribed to the within instrument as the attorney in fact of —, and acknowledged to me that he subscribed the name of thereto as principal, and his

own name as attorney in fact.

§ 732. Authentication of certificate of acknowledgment

Officers taking and certifying acknowledgments, or proof of instruments for record, shall authenticate their certificates by affixing thereto their signatures, followed by the names of their offices; also, their seals of office, if by the laws of the State or country where the acknowledgment or proof is taken, or by authority of which they are acting, they are required to have official seals.

8733. Proof of execution

Proof of the execution of an instrument, when not acknowledged, may be made either by:

(1) the party executing it; or either of the parties; or

(2) a subscribing witness; or

(3) other witnesses, in cases mentioned in section 1125 of this title.

§ 734. Identity of witness

If execution is to be proved by a subscribing witness, he must be personally known to the officer taking the proof to be the person whose name is subscribed to the instrument as a witness, or must be proved to be such by the oath of a credible witness.

§ 735. Items to be proved by subscribing witness

The subscribing witness referred to in sections 733 and 734 of this title shall prove that:

(1) the person whose name is subscribed to the instrument as a party:

(A) is the person described in it; and

(B) that he executed it; and

(2) the witness subscribed his name thereto as a witness.

§ 736. Proof of handwriting

The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, when the:

(1) parties and all the subscribing witnesses are dead;

(2) parties and all the subscribing witnesses are nonresidents of the Canal Zone;

(3) place of their residence is unknown to the party desiring the proof, and cannot be ascertained by the exercise of due diligence;

(4) subscribing witness conceals himself, or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or

(5) failure or refusal of the witness to testify continues for the space of one hour after his appearance.

8737. Evidence of handwriting

The evidence taken pursuant to section 736 of this title must satisfactorily prove to the officer:

(1) the existence of one or more of the conditions specified by section 736 of this title;

(2) that the witness testifying knew the person whose name purports to be subscribed to the instrument as a party, and is well acquainted with his signature, and that it is genuine;

(3) that the witness testifying personally knew the person who subscribed the instrument as a witness, and is well acquainted with his signature, and that it is genuine; and

(4) the place of residence of the witness.