in the manner prescribed by article III of this chapter. En. March 21, 1872. Am'd. 1873-4, 226. Cal.Rep.Cit. 55, 565; 56, 129; 74, 429; 90, 477. § 1162. Same. An instrument, proved and certified pursuant to sections 1198 and 1199, 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. En. March 21, 1872. Cal. Rep.Cit. 55, 565. § 1163. Instruments executed under power of attorney not to be recorded until power is filed. (Repealed.) En March 21, 1872. Rep. 1873-4, 226. 1164. Transfers in trust, etc. Transfers of property ir trust for the benefit of creditors, and transfers or liens on property by way of mortgage, are required to be recorded in the cases specified in the titles on the special relation of debtor and creditor, and the chapter on mortgages respectively. En. March 21, 1872. Cal.Rep.Cit. 108, 256. Special relations of debtor and creditor: See post, secs. 3429 et seq. § 1165. Fees of recorder to be indorsed. The recorder must in all cases indorse the amount of his fee for recor dation on the instrument recorded. En. Stats. 1873-4, 274. Cal.Rep.Cit. 55, 565. Recorders: Pol. Code, secs. 4235 et seq. $1169. In what office. Instruments entitled to be re corded must be recorded by the county recorder of the county in which the real property affected thereby is situated. En. March 21, 1872. Cal.Rep.Cit, 103, 111. 1170. Instrument, when deemed recorded. An instrument is deemed to be recorded, when, being duly acknowledged or proved, and certified, it is deposited in the recorder's office with the proper officer for record. En. March 21, 1872. Am'd. 1873-4, 226. Cal Rep.Cit. 55, 565; 57, 401; 67, 58; 90, 477; 93, 399; 102, 498; 104, 400; 121, 256; 131, 555; 131, 556; 131, 557. Recording: See, for general consideration of the subject, ante, sec. 1158. 1171. Books of record. Grants, absolute in terms, are to be recorded in one set of books, and mortgages in another. En. March 21, 1872. Cal Rep.Cit. 124, 47; 131, 558. 1172. Duties of recorder. The duties of county recorders, in respect to recording instruments, are prescribed by the Political Code. En. March 21, 1872. Cal. Rep.Cit. 55, 565. Recorders: See Pol. Code, secs. 4235 et seq. $1173. Transfer of vessels. The mode of recording transfers of ships registered under the laws of the United States is regulated by acts of congress. En. March 21, 1872. See U. S. Rev. Stats., secs. 4131 et seq. ARTICLE III. PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS. By whom acknowledgments may be taken in this state. By whom taken without the state. § 1180. § 1181. § 1182. § 1183. § 1184. § 1185. § 1186. § 1187. § 1189. § 1190. § 1191. § 1192. (Repealed.) General form of certificate. Taken outside of state. Form of certificate of acknowledgment by married women. Form of certificate of acknowledgment by attorney in fact. Certificate of authority of justices in certain cases. Witness must prove, what. § 1198. § 1199. 1200. 1201. § 1202. § 1203. § 1204. § 1205. § 1206. § 1207. § 1180. Proof of execution, how made. Witness must be personally known to officer. Handwriting may be proved, when. Evidence of handwriting must prove, what. Officers authorized to do certain things. When instrument is improperly certified, party may have action to correct error. In certain cases parties interested may obtain judgment of proof of an instrument. Effect of judgment in such action. Conveyances heretofore made to be governed by then ex- Recording to be governed by then existing laws. By whom acknowledgments may be taken in this state. 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 or judge of a superior court. En. March 21, 1872. Am'd. 1880, 2. Cal.Rep.Cit. 55, 565. Act legalizing defective acknowledgments: See post, Appendix, title Acknowledgments; see, also, sec. 1307, infra. Act to legalize acknowledgments taken by court commissioners: See post, Appendix, title Acknowledgments. § 1181. Same. The proof or acknowledgment of an instrument may be made in this state, within the city, city and county, county, or district for which the officer was elected or appointed, before either: 1. A clerk of a court of record; or, 2. A county recorder; or, 3. A court commissioner; or, 4. A notary public; or, 5. A justice of the peace. En. March 21, 1872. Am'd. 1880, 2; 1891, 214. Cal Rep.Cit. 55, 565; 64, 269; 90, 478; 104, 682; 130, 447. Act to legalize acknowledgments taken by court commissioners: See post, Appendix, title Acknowledgments. Acknowledgment by deputy: See post, sec. 1184. 1182. By whom taken without the state. 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 justice, judge, or clerk of any court of record of the United States; or, 2. A justice, judge, or clerk of any court of record of any state; or, 3. A commissioner appointed by the governor of this state for that purpose; or, 4. A notary public; or, 5. Any other officer of the state where the acknowledgment is made authorized by its laws to take such proof or acknowledgment. En. March 21, 1872. Cal.Rep.Cit. 55, 565. 1183. Proof of, cutside United States. The proof or acknowledgment of an instrument may be made without the United States, before either: 1. A minister, commissioner, or charge d'affaires of the United States, resident and accredited in the country where the proof or acknowledgment is made; or, 2. A consul, vice-consul, or consular agent of the United States, resident in the country where the proof or acknowledgment is made; 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 governor of the state, pursuant to special statutes; or, 5. A notary public. En. March 21, 1872. Am'd. 1873-4, 227. Cal.Rep.Cit. 55, 565; 110, 245. § 1184. Deputy can take acknowledgment. When any of the officers mentioned in the four preceding sections are authorized by law to appoint a deputy, the acknowledg ment or proof may be taken by such deputy, in the name of his principal. En. March 21, 1872. § 1185. Requisites for acknowledgment. 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 acknowledgment is the individual who is described in and who executed the instrument; or, if executed by a corporation, that the person making such acknowledgment is the president or secretary of such corporation. En. March 21, 1872. Cal.Rep.Cit. 55, 565; 96, 651; 97, 212; 101, 539; 131, 507. Acknowledgments of married women: See post, sec. 1187. The official character of the certifying officer should appear from the certificate: Post, sec. 1188. Authentication of signature: See post, sec. 1193. § 1186. Acknowledgment by married women. pealed.) En. March 21, 1872. Rep. 1891, 137. (Re 76, 529; Cal.Rep.Cit. 55, 56; 55, 565; 59, 513; 60, 360; 63, 288; 74, 348; 74, 349; 83, 536; 91, 607; 74, 350; § 1187. Conveyance by married woman. A conveyance by a married woman has the same effect as if she were unmarried, and may be acknowledged in the same manEn. March 21, 1872. Am'd. 1891, 137. ner. Cal. Rep.Cit. 55, 59; 59, 513; 60, 360; 68, 140; 74, 349; 74, 434; 83, 272; 91, 607; 91, 610; 101, 535; 123, 493; 123, 494; 123, 495; 131, 160. § 1188. Officer must indorse certificate. An officer taking the acknowledgment of an instrument must indorse thereon, or attach thereto, a certificate substantially in the |