forms hereinafter prescribed. En. March 21, 1872. Am'd.

1873-4, 227.

Cal.Rep.Cit. 55, 565; 90, 478; 91, 610.

$ 1189.

General form of certificate.

Taken outside of

state. The certificate of acknowledgment, unless it is otherwise in this article provided, must be substantially in the following form: "State of

county of

in the year

before me (here insert 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 that he (she or they) executed the same." Provided, however, that any acknowledgment taken without this state in accordance with the laws of the place where the acknowledgment is made, shall be sufficient in this state; and provided further, that the certificate of the clerk of a court of record of the county or district where such acknowledgment is taken, that the officer certifying to the same is authorized by law so to do, and that the signature of the said officer to such certificate is his true and genuine signature, and that such acknowledgment is taken in accordance with the laws of the place where the same is made, shall be prima facie evidence of the facts stated in the certificate of said clerk. En. March 21, 1872. Am'd. 1891, 137; 1897, 43.

Cal.Rep.Cit. 90, 478; 98, 468; 101, 539; 130, 125; 131, 508.

$1190. Form of acknowledgment by corporation. The certificate of acknowledgment of an instrument executed by a corporation must be substantially in the following form:

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, and acknowledged to me that such corporation executed the same. En. March 21, 1872.

Cal.Rep.Cit. 55, 565; 101, 539.

§ 1191. Form of certificate of acknowledgment by mar (Repealed.) En. March 21, 1872. Rep. 1891,

ried women.

137.

Cal Rep.Cit.

68, 140;

53, 460; 55, 56; 59, 513; 63, 288; 65, 330; 74, 346; 74, 347; 74, 348; 74, 350; 77, 57; 80, 67; 83, 556; 91, 607: 101, 535; 101, 539; 102, 207; 122, 349; 123, 493; 123, 494; 123, 496.

§ 1192. Form of certificate of acknowledgment by attorney in fact. The certificate of acknowledgment by an attorney in fact must be substantially in the following form: State of

day of

in the year

On this 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. En. March 21, 1872.

§ 1193. Officers must affix their signatures. 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. En. March 21, 1872. Cal.Rep.Cit. 55, 565; 90, 478.

§ 1194. Certificate of authority of justices in certain cases. 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. En. 1872.

* 135, 176.

§ 1195.

Proof of execution, how made. 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 section 1198. En. March 21, 1872.

Cal Rep.Cit. 55, 565; 55, 566; 64, 271.

§ 1196. Witness must be personally known to officer. 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. En. March 21, 1872.

Cal.Rep.Cit. 55, 565; 89, 550.

$1197. 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. En. March 21, 1872.

Cal Rep.Cit. 55, 565; 89, 550.

§ 1198. Handwriting may be proved, when. 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 nonresidents 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. En. March 21, 1872.

Cal.Rep.Cit. 55, 565; 64, 271.

§ 1199. Evidence of handwriting must prove, 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. En. March 21, 1872. Am'd. 1873-4, 227.

Cal.Rep.Cit. 55, 565.

Proving handwriting, generally: See Code Civ. Proc., secs. 1315, 1943-1945.

§ 1200. 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 residence respectively, and the substance of their testimony. En. March 21, 1872.

Cal.Rep.Cit. 55, 565.

§ 1201. Officers authorized to do certain things. Officers authorized to take the proof of instruments are authorized in such proceedings:

1. To administer oaths or affirmations, as prescribed in section 2093, Code of Civil Procedure;

2. To employ and swear interpreters;

3. To issue subpoena, as prescribed in section 1986, Code of Civil Procedure;

4. To punish for contempt, as prescribed in sections 1991, 1993, 1994, Code of Civil Procedure. En. March 21, 1872.

Cal.Rep. Cit. 55, 565.

The civil damages and forfeiture to the party aggrieved are prescribed in section 1992, Code of Civil Procedure.

$1202. When instrument is improperly certified, party may have action to correct error. When the acknowledgment or proof of the execution of an instrument is properly made, but defectively certified, any party interested may have an action in the district court to obtain a judgment correcting the certificate. En. March 21, 1872.

Cal.Rep.Cit.

53, 485; 53, 486; 53, 487; 55, 565; 59, 514; 63, 288; 73, 454; 116, 376.

§ 1203. In certain cases parties interested may obtain judgment of proof of an instrument. Any person interested

under an instrument entitled to be proved for record may institute an action in the district court against the proper parties to obtain a judgment proving such instrument. En. March 21, 1872.

Cal.Rep.Cit. 53, 485; 53, 486; 53, 487; 55, 566.

§ 1204. Effect of judgment in such action. A certified copy of the judgment in a proceeding instituted under either of the two preceding sections, showing the proof of the instrument, and attached thereto, entitles such instrument to record, with like effect as if acknowledged. En. March 21, 1872.

Cal.Rep.Cit. 55, 566.

1205. Conveyances heretofore made to be governed by then existing laws. The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before this code goes into effect, executed, acknowledged, proved, or recorded is not affected by anything contained in this chapter, but depends for its validity and legality upon the laws in force when the act was performed. En. March 21, 1872.

Cal.Rep.Cit. 53, 486; 55, 566.

§ 1206. Recording to be governed by then existing laws. All conveyances of real property made before this code goes into effect, and acknowledged or proved according to the laws in force at the time of such making and acknowledgment or proof, have the same force as evidence, and may be recorded, in the same manner and with the like effect, as conveyances executed and acknowledged in pursuance of this chapter. En. March 21, 1872.

§ 1207. Validating defective certificates of acknowledgment. Any instrument affecting real property, which was,

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