her the contents of the deed, and that she acknowledged that she did voluntarily, of her own free-will, and without the fear of or coercion from her husband, execute the deed.'

In every case the husband joins with the wife in the execution of the instrument-excepting in California, the cases of a female sole-trader, and where the wife is allowed to make conveyance alone, in consequence of the non-residence of her husband; and probably in the case of an inventory of her separate property,' although even in such case, the safer and usual course is for the husband to unite in the execution of the instrument.-See HusBAND AND WIFE-FORMS.

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 facts that the person whose name is subscribed 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 thereof."

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 witnesss, gave the like proof as to the (or one of the) subcribing witnesses, setting it out at length.*

In Oregon, proof may be made by a subscribing witness before.

1 Laws Wash. 402.

2 Wood's Dig. art. 2009, 2630, and 2607; In

goldsbye. Ricardo, Jan. Term, 185).

3 Wood's Dig. art. 347-350.

4 id. 351, 352.

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.'

Every certificate which substantially conforms to the requirements of the law will be valid, although the identical language of the statute may not be used.'

All interlineations or erasures, if not noted before execution should be mentioned in the certificate.

A notary or other officer authorized to make and certify acknowledgments, and the proof of the execution of deeds, and other instruments, cannot alter or correct his certificate to reform the same, even to insert the statement of a fact inadvertently omitted, after some decisive act is done, showing that he has exercised his authority over the subject. After taking the acknowledgment, and making and delivering the return, his functions cease, and he is discharged from all further authority.'

The satisfaction of a mortgage, or of a judgment, must be proved or acknowledged, and certified in the same manner as a conveyance, unless such satisfaction be entered upon the margin of the original record of the mortgage, when it is acknowledged in the presence of the recorder or his deputy, who signs the same as a 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 subpoena to the witness, who, in case of refusing to appear or to answer, will be liable to

1 Laws of Oregon, p. 521.

2 Wood's Dig. art. 360; Goode v. Smith, Jan. Term, 1859.

3 Bours v. Zachariah and wife. Oct. Term, 1858.

4 Wood's Dig. art. 874, 375, 942; Prac. Act, $ 208

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,

City and County of San Francisco. (

SS:

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 II. 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. [L. S.] Notary Public.

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

City and County of San Francisco.

}

ss:

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 and for said city and county, the same being a court of record and having a seal, personally appeared W. Črane, 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, [L. s.] Judge.

By Attorney known to the Officer.

State of California,

City and County of San Francisco. }

On this fifth day of October, A. D. one thousand eight hundred and fifty-seven, before me, W. Dner, 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 power of attorney the foregoing deed, as the attorney in fact of James 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:

On 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. (

88:

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

SS:

On this first day of May, before me, &c., &c., [as in the preceding forms], personally appeared John Smith and Sarah his 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 purpose, by me duly sworn; and thereupon they, the said John Smith 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