Conveyance by Same.-A conveyance by a married woman has the same effect as if she were unmarried, and may be acknowledged in the same manner, except as mentioned above; but such conveyance has no validity until so acknowledged.

Duty of Officer.-An officer taking the acknowledgment of an instrument, must indorse thereon, or attach thereto, a certificate substantially in the forms prescribed by the code, as follows:

On this ....

General Form.

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, and acknowledged to me that he [or they] executed the same.

By Corporation.

The certificate of acknowledgment of an instrument executed by a corporation must be substantially in the following form:

day of .......

.......

in the year

......

before me

On this ..... [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, and acknowledged to me that such corporation executed the same.

By Married Woman.

The certificate of acknowledgment by a married woman must be substantially in the following form:

State of

county of

On this

[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, described as a married woman; and upon an examination without the hearing of her husband I made her acquainted with the contents of the instrument, and thereupon she acknowledged to me that she executed the same, and that she does not wish to retract such execution.

By Attorney in Fact.

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

[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.

Signature of Officers.-Officers taking and certifying acknowledgments or proof of instruments for record, must 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.

Certificate of Justice.-The certificate of proof or acknowledgment, if made before a justice of the peace, when used in any county other than that in which he resides, must be accompanied by a certificate under the hand and seal of the clerk of the county in which the justice resides, setting forth that such justice, at the time of taking such proof or acknowledgment, was authorized to take the same, and that the clerk is acquainted with his handwriting, and believes that the signature to the original certificate is genuine.

Proof of Execution.-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 the instances following.

Subscribing Witness.-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 instrument as a witness, or must be proved to be such by the oath of a credible witness.

Witness Must Prove What.-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.

Execution, how Established.-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, 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; 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 diligence 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 appearance.

Evidence Must Show What.-The evidence taken under the preceding section must satisfactorily prove to the officer the following facts:

1. The existence of one or more of the conditions mentioned therein; and,

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; and,

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.

Certificate of Proof.-An officer taking proof of the execution of any instrument must, in his certificate indorsed thereon or attached thereto, set forth all the matters required by law to be done or known by him, or proved before him on the proceeding, together with the names of all the witnesses examined before him, their places of residenco respectively, and the substance of their testimony.

CERTIFICATE-NEVADA, IDAHO, ARIZONA AND MONTANA.

Every Certificate should show that the person making the acknowledgment or proof, is personally known to the officer, or is proved by a competent witness to be such person, and should be signed by the officer, with his seal of office affixed, if he have one. If he be a judge or clerk, the seal of the court must be affixed. It should also state his full title, and the true date of the act-and that the person executed the same freely and voluntarily for the uses and purposes therein mentioned. In Oregon, it should also state the residence of the witness.

By Married Women.-When the acknowledgment is made by a married woman it should show also that she was made acquainted with the contents of the conveyance, and acknowledged, on examination apart from and without the hearing of her husband, that she executed the same freely and voluntarily, without fear or compulsion or undue influence of her husband, and that she does not wish to retract the execution of the same.

Proof of Execution.-When the execution of instruments is proved by the testimony of a subscribing witness, the certificate should show that the witness is personally known to the officer to be the person whose name is subscribed to such instrument as a witness thereto, or was proved to be such, by the oath or affirmation of a reliable witness, whose name must be inserted in the certificate.

The Certificate must then set forth the proof given by such witness, of his residence, of the execution of the instrument, and of the fact that the person whose name is sub

scribed to such instrument as a party thereto is the party who executed the same, and that such witness subscribed his name to such instrument as a witness thereto

When, in the absence or death of the subscribing witnesses, the proof is made by evidence of handwriting, the certificate must show: 1. That the officer is satisfied that all the subscribing witnesses to the instrument are dead or cannot be had to prove its execution. 2. That A B, a competent and credible witness, stated on oath or affirmation, that he personally knew the individual whose name is subscribed to the instrument as a party, well knew his signature (stating his means of knowledge), and believes the name of the person subscribed thereto as a party was subscribed by such person. 3. That C D, a competent and credible witness, gave the like proof as to the (or one of the) subscribing witnesses, setting it out at length.

Subpena for Witness.-Upon application under oath that a witness residing in the county refuses to appear and testify to the execution of an instrument, and that the same cannot be proved without his evidence, the notary, or other officer, may issue a subpena to the witness, who, in case of refusing to appear or to answer, will be liable to fine, damages and imprisonment, until he shall submit to answer, and the instrument may be proved as when the witness is dead.

OREGON.

Who may take Acknowledgments.-1st. In the State.Any judge of the supreme court, county court, justice of the peace or notary public; and the deed must be witnessed by two subscribing witnesses.

2d. Out of the State, but in the United States-Any judge of a court of record, justice of the peace or notary public, or other officer authorized by the local laws to take acknowledgments, or a commissioner appointed by the governor of Oregon for such purpose; and such deed may be executed according to the laws of the state, territory or district. In such cases, the statute of Oregon provides as follows: