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fine, damages, and imprisonment until he shall submit to

answer.' In Oregon, the statute is substantially the same except that

the witness is not liable in damages. A commissioner of deeds

is not authorized to issue the subpoena."

FORMS.

Certificate of Acknowledgment by Party known to the Officer.

State of California, SS : City and County of San Francisco. On this first day of February, A. D. one thousand eight hundred and fifty-nine, before me, S. Hermann, a notary public in and for said city and county, duly commissioned and sworn, perrsonally appeared the within named H. Bancroft, whose name is subscribed to the annexed instrument, as a party thereto, personally known to me to be the individual described in and who executed the said annexed instrument, who acknowledged to me that he executed the same freely and voluntarily, and for the uses and purposes therein mentioned. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. S. HERMANN. # s.] Notary Public.

Certificate where the Identity of Party is proven to the Officer.

State of California, City and County of San Francisco. o' On this fifth day of December, A. D. one thousand eight hundred and fifty eight, before me, M. C. Blake, judge of the county court, in ...?for said city and county, the same being a court of record and having a seal, personally appeared W. Crane, satisfactorily proven to me by the oath of R. Perkins, a competent and credible witness, by me duly sworn for that purpose, to be the individual described in and who executed the annexed instrument, and the said W. Crane acknowledged to me that he executed the same freely and voluntarily, and for the uses and purposes therein mentioned. In witness whereof, I have hereunto set my hand and caused the seal of said county court to be affixed, the day and year in this certificate first above written. M. C. BLAKE, [i. s.j. Judge.

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By Attorney known to the Officer.

State of California, City and County of San Francisco. | S : n this fifth day of October, A. D. one thousand eight hundred and fifty-seven, before me, W. Duer, clerk of the county court of said city and county, personally appeared C. T. Emmet, personally known to me to be the same person who executed by ower of attorney the foregoing deed, as the attorney in fact of }. Thompson, said James Thompson being named in the annexed instrument as a party thereto, and therein described as the party executing the same; and the said C. T. Emmet acknowledged to me that he executed the same freely and voluntarily, as, and for the act and deed of the said James Thompson, and for the uses and purposes therein mentioned. In witness whereof, I have hereunto set my hand and affixed the seal of said county court, the day and year in this certificate first above written. W. DUER, [L. s.] Clerk.

Certificate of Proof by subscribing Witness known or proven to the Officer.

State of California, City and County of San Francisco, SS : n this 12th day of October, A. D., one thousand eight hundred and fifty-seven, before me, W. H. Culver, a Justice of the Peace in and for said city and county, duly commissioned and sworn, personally appeared A. B., personally known to me [or, satisfactorily proved to me by the oath of E. F., a competent and credible witness for that purpose, by me duly sworn,) to be the same person whose name is subscribed to the annexed instrument as a witness thereto, who being by me duly sworn deposes and says, that he resides in the city and county of San Francisco, that he was present and saw C. D., personally known to him to be the same person described in and who executed the annexed instrument, as a party thereto, sign, seal, and deliver the same; and heard him acknowledge that he executed the same freely and voluntarily, and for the uses and purposes therein mentioned, and that he, the deponent, thereupon signed his name as a subscribing witness thereto, at the request of the said C. D. In witness whereof, I have hereunto set my hand the day and year in this certificate first above written. WILLIAM H. CULVER, Justice of the Peace.

By Husband and Wife known to the Officer.

State of California, | City and County of San Francisco. ("** On this tenth day of July, A. D. one thousand eight hundred and fifty-eight, before me, Frederick J. Thibault, a notary public in and for said city and county, duly commissioned and sworn, personally appeared John Smith and Sarah his wife, whose names are subscribed to the annexed instrument as parties thereto, personally known to me to be the individuals described therein, and who executed the same, and they, and each of them, acknowledged to me that they executed the said instrument, each respectively, freely and voluntarily, and for the uses and purposes therein mentioned. And I do hereby further certify, that the said Sarah Smith, wife of the said John Smith, is personally known to me to be the person whose name is subscribed to said instrument as a party thereto, and that she was by me first made acquainted with the contents thereof, and thereafter acknowledged to me on examination separately, apart from and without the hearing of her said husband, that she executed the same freely and voluntarily for the uses and purposes therein mentioned, without fear or compulsion, or undue influence of her said husband, and that she did not wish to retract the execution of the same, In witness whereof, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. FREDERICK J. THIBAULT, [L. s.] Notary Public.

By Husband and Wife proven to the Officer.

State of California County of On this first day of May, before me, &c., &c., [as in the receding forms], personally appeared John Smith and Sarah is wife, whose names are subscribed to the foregoing deed as parties thereto, satisfactorily proven to me to be the persons described in and who executed the within conveyance, by the oath of James Brown, a competent and credible witness for that pure, by me duly sworn; and thereupon they, the said John mith and Sarah his wife, and each of them, acknowledged to me that they executed the said instrument freely, and voluntarily, for the uses and purposes therein mentioned. And I further certify, that the said Sarah Smith, wife of the said John Smith, being first made acquainted with the contents of said instrument, on an examination separate and apart from and without the hearing of her said husband, acknowledged to me, that she

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executed the same freely and voluntarily, without fear or com

pulsion, or undue influence of her husband, and that she does

not wish to retract the execution of the same. Witness my hand and seal, &c.

Proof of the Erecution of an Instrument, where the Subscribing Witnesses are Dead or Absent.

State of California, City and County of San Francisco, so On the ninth day of May, A. D., 1858, before me, Samuel Hermann, a notary public, in and for said county, duly commissioned and sworn, personally appeared F. H. Woods and J. H. Stebbins, competent and credible witnesses to me personally known; and the said F. H. Woods, being by me dily sworn, deposed and stated on oath, that he personally knew T. M. Leavenworth, whose name is o to the annexed instrument as a party thereto; that he well knew said Leavenworth's signature, from having frequently seen him sign his name, and believed the name of said Leavenworth so subscribed to said instrument as a party thereto, was subscribed by said Leavenworth. And the said J. H. Stebbins, being by me duly sworn, stated, that he knew R. A. Lockwood and John T. Doyle, (or, well knew R. A. Lockwood, one of the persons] whose names are subscribed as witnesses to said instrument; that he well knew their signatures from having frequently seen them sign their names; and that he believed the names of the said R. A. Lock. wood and John T. Doyle, subscribed thereto as witnesses, were subscribed by said persons. And I hereby certify, that I am satisfied that none of the subscribing witnesses to said instrument can be had to prove the execution thereof; the said R. A. Lockwood being dead, and the said John T. Doyle being absent from the state of California. Witness my hand and seal, &c. [as in the foregoing forms.]

Eeecution of Deed by a Corporation.

State of California,

City and County of San Francisco, *

On this, &c., [date] before me personally came A. B., the president of the Table Mountain Mining Company, to me personally known to be the individual whose name is subscribed to the foregoing instrument as the president of the Table Mountain Mining Company, and he acknowledged to me that he executed the same as the president of said company for and on the behalf and in the name of said company, as its free and voluntary act and deed for the uses and purposes therein mentioned; and in pursuance of the order and resolution of said company directing

such deed to be executed; by signing the same as president

thereof and affixing thereto its corporate seal. In witness whereof, &c., &c.

Another Form.

State of California, County of Tuolumne. i

On this, &c., [date] before me came M. N., to me personally known to be the president of the Bald Hill Quartz Mining Company, and the same person who as its president has executed the same,” who being by me duly sworn said, that in pursuance of the direction of the managers of said company, he had executed the same by affixing thereto the corporate seal of said company, and by signing the same as such president.

In witness whereof, &c., &c.

Another Form.

[Proceed as in preceding form to”, and then add by signin the said instrument and affixing thereto the corporate seal of sai company; and he thereupon acknowledged to me that as and for the act and deed of said company, of. direction thereof, he executed the same freely and voluntarily for the uses and purposes therein mentioned.

In witness whereof, &c., &c.

Acknowledgment by a Married Woman whose Husband is not

Residing in the State. State of California, ... County of ss: On this day of 1859 before me M. N., district judge of the judicial district, in and for said county of

personally appeared Mrs. Mary Landers, a married woman, to me personally known to be the individual described in and who executed the foregoing instrument; and at the same time, also appeared John Doe and R. Roe, two credible and disinterested citizens of this state, to me personally known as such, who being by me severally sworn each for himself said, that he is a citizen of the state of California and a resident of the town of , county , that he is acquainted with the said Mary Landers, and with Hugh Landers her husband, and has known them, and each of them, for more than one year past. That more than one year ago, to wit: eighteen months ago, the said Hugh Landers deserted his wife, the said Mary Landers, and went to Sonora, Mexico, to reside; announcing his determination

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