ACCRETION.

Accretion. The increase of real estate by the additions of portions of soil, by gradual depositions through the operation of natural causes to that already in possession of the owner. The term alluvium, is applied to the deposit itself, while accretion rather denotes the act. If an island in a non-navigable stream results from accretion, it belongs to the owner of the bank on the side nearest to it.

ACCUSATION.

Accusation. A charge made to a competent officer against one who has committed a crime so that he may be brought to justice and punished. See MAGISTRATE and CRIMES AND PUNISHMENTS.

ACKNOWLEDGMENTS.

Acknowledgments Generally.-To "acknowledge' an instrument, means that the person who executes it acknowledges before an officer, appointed by law, that he executes the instrument before him freely and voluntarily and for the uses and purposes in such instrument mentioned.

ACKNOWLEDGMENTS.-CALIFORNIA.

Conveyance. Every conveyance in writing, whereby any real estate is conveyed or may be affected, shall be acknowledged or proved and certified in the manner hereinafter provided.

Proof of Acknowledgments.-The proof or acknowledgment of every instrument, whereby any real estate is conveyed or may be affected, shall be taken by some one of the following officers:

In this State.-1st. If acknowledged or proved within this state, by some judge or clerk of a court having a seal, or some notary public or county recorder, or by a justice of the peace of the proper county where the conveyance is executed, and to be recorded only in such county.

In the United States.-2d. If acknowledged or proved without this state, and within any state or territory in the United States, by some judge or clerk of any court of the United States, or of any state or territory having a seal, or by a commissioner appointed by the government of this state for that purpose, or by any notary public, commissioner of deeds or justice of the peace, authorized to take and certify the acknowledgment or proof of deeds to be used in his state or territory: provided, however, that where such proof or acknowledgment shall be taken and certified by any such notary public or commissioner of deeds, other than commissioners of this State, a certificate of the secretary of the state or territory shall also be affixed to the instrument so certified, to the effect that such notary public or commissioner of deeds, other than commissioners of this state, at the time of taking such acknowledgment or proof was such officer, that the signature affixed to such certificate is his genuine signature, and that he is authorized by law to take the acknowledgment of deeds within the state or territory or country in which he may be acting; and where such proof or acknowledgment shall be taken and certified by a justice of the peace, a certificate of the county clerk of the county in which such justice resides, or clerk of a court of record, shall also be affixed to the instrument so certified and to the like effect.

Outside the United States.-3d. If acknowledged or proved without the United States, by some judge or clerk of any court of any state, kingdom or empire, having a seal, or any notary public therein, or any minister, commissioner or consul, of the United States, appointed to reside therein: provided, however, that where such proof or acknowledgment shall be taken and certified by any such judge or clerk of court, or any notary public without the United States, the same shall be accompanied by the certificate of a minister or consul of the United States resident in such state, kingdom or empire, to the effect that such person was at the date of such proof or acknowledgment such officer; that the signature or seal, or

both such signature and seal of such officer is genuine, and that such officer is authorized by law to take the proof or acknowledgment (as the case may be) of deeds where he may be acting. When any of the officers above mentioned are authorized by law to appoint a deputy, such acknowledgment or proof may be taken by such deputy in the name of the principal.

CERTIFICATE—CALIFORNIA, NEVADA AND IDAHO.

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 signaturo (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 StateAny judge of the district court, probate 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:

Certificate, etc.-In the cases provided for aforesaid, unless the acknowledgment be taken before a commissioner appointed by the governer of this state for that purpose, such deed shall have attached thereto a certificate of the clerk, or other proper certifying officer of a court of record of the county or district within which such acknowledgment was taken, under the seal of this office, that the person whose name is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be, and that he believes the signature of such person subscribed thereto to be genuine; and that the deed is executed and acknowledged according to the laws of such state, territory or district.

3d. In any Foreign Country-The officers mentioned in the following provision of the Oregon statute, are the proper officers to take acknowledgments:

Foreign Countries.-If such deed be executed in a foreign country, it may be executed according to the laws of such country, and the execution thereof may be acknowledged before any notary public therein, or before any minister plenipotentiary, minister extraordinary, minister resident, charge d'affaires, commissioner or consul of the United States appointed to reside therein, which acknowledgment shall be certified thereon by the officer taking the same under his hand; and if taken before a notary public, his seal of office shall be affixed to such certificate.

Subscribing Witness.-In Oregon, proof may be made by a subscribing witness, before any officer authorized to take acknowledgments of deeds, who is personally acquainted with such witness, or has satisfactory evidence that he is the same person who was a subscribing witness; and the witness must state his own place of residence, and that he knew the person described and who executed such conveyance. When any grantor is dead, out of the state, or refuses to acknowledge, and all the subscribing witnesses are dead or out of the state, proof may be made before the district court or any judge thereof, by proving the handwriting of the grantor and of any subscribing witness.