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thing are given, nor, if it is capable of delivery, unless there is
an actual or symbolical delivery of the thing to the donee.
Hititory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 81 pars, annotation.

106 C. 651, 657, 40 P. 8 (applied); 113 C. 490, 497. 45 P. 867
(construed and applied); 121 C. 426, 429, 53 P. 931 (construed and
applied); 121 C. 674, 679, 681, 54 P. 267 (construed and applied
in connection with other sections); 131 C. 64, 66, 63 P. 133
(referred to); 138 C. 169, 170, 14 A. S. 19, 71 P. 83 (construed and
applied); 143 C. 528, 532, 534, 77 P. 471 (construed and applied i;
144 C. 289, 296, 77 P. 945 (construed — gift by decedent of debt
due him is not valid when); 153 C. 174. 176, 94 P. 766, 767 (what
is essential to validity of verbal gift); 3 C. A. 115, 120. 84 F.
435, 437 (impossibility of gift under circumstances — Inadmis-
sible evidence); 3 C. A. 213, 217. 84 P. 841 (what gift pas.'^o.i
title to money and is not revocable).

As to gifts generally, see note § 1146, ante.

Execution of deed by mark — As to, see Kerr's Cyc. C. C. | 14
note pars. 19, 20, 56-64.

Gift causa mortis. — See Kerr's Cyc. C. C. I 1149 and note, also
note § 1146. ante.

Gift — Generally. — See Kerr's Cyc. C. C. 8 1146 and note, also
note § 1146, ante.

Law applies to shares of national bank. — See 46 A. D. 332; 76
A. D. 445.

Revocation of gift rausn m.^rtis. — ;i« t... «.••> K'rr« r-v.- n c.
§ 1151 and note.

§ 114S. GIFT NOT REVO( VULE. A gift, other than a gift
in view of death, cannot be revoked by the giver.
History: Enacted March 21. 1S72.

See Kerr's Cyc. C. C. for 4 pars, annotation.

3 C. A. 213. 217. 84 P. 841 (what gift passes title to money and
is not revocable).

621



§§ 1149-1151 CIVIL CODE. [Div.II,Pt.IV.

As to many miscellaneous matters as to gifts, see note § 1146,
ante.

Fraudulent conveyances — Gift as. — See Kerr's Cyc. C. C.
§§ 3439 et seq. and notes.

Revocation of gift causa mortis — As to, see Kerr's Cyc. C. C.
§ 1151 and note.



§ 1140. GIFT IN VIEW OF DEATH, WHAT. A gift in
view of death is one which is made in contemplation, fear,
or peril of death, and with intent that it shall take effect
only in case of the death of the giver.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 396, held
unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 16 pars, annotation.

105 C. 143, 147, 38 P. 640 (construed and applied); 3 C. A.
501, 502, 86 P. 617 (doctrine of donatio causa mortis applies
only to personal property).

As to many miscellaneous matters as to gifts, see note § 1146,
ante.



§ 1150. WHEN GIFT PRESUMED TO BE IN VIEW OF
DEATH. A gift made during the last illness of the giver, or
under circumstances which would naturally impress him with
an expectation of speedy death, is presumed to be a gift in
view of death.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, anotation.
121 C. 674, 677, 54 P. 267 (construed and applied).
As to many miscellaneous matters as to gifts, see note § 1146,
ante.

§1151. REVOCATION OF GIFT IN VIEW OF DEATH.

A gift in view of death may be revoked by the giver at any
time, and is revoked by his recovery from the illness, or
escape from the peril, under the presence of which it was
made, or by the occurrence of any event which would operate
as a revocation of a will made at the same time, but when
the gift has been delivered to the donee, the rights of a bona

622



!



Tit.IV,ch.III,art.III.] WILI^-legacy. §§ ^-^gg, 1153

fide purchaser from the donee before the revocation, shall
not be affected by the revocation.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 226.

See Kerr's Cyc. C. C. for 9 pars, annotation.

99 C. 311, 315, 33 P. 929, 930 (applied); 132 C. 164, 166, 64 P.
283 (construed and applied).

As to many miscellaneous matters as to gifts, see note § 1146,
ante.

§ 1152. EFFECT OF WILL UPON GIFT. A gift in view
of death is not affected by a previous will; nor by a subse-
quent will, unless it expresses an intention to revoke the gift.

History: Enacted March 21, 1872.

132 C. 164, 166, 64 P. 283 (cited).

As to many miscellaneous matters as to gifts, see note § 1146,
ante.

§ 1153. WHEN TREATED AS LEGACY. A gift in view of
death must be treated as a legacy, so far as relates only to
the creditors of the giver.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

As to many miscellaneous matters as to gifts, see note § 1146,
ante.



623



§§ 1158, 1159 CIVIL CODE. [Div.II.Pt.IV.

CHAPTER IV.

RECORDING TRANSFERS.

Article I. What May Be Recorded, §§ 1158-1165.
II. Mode of Recording, §§ 1169-1173.

III. Proof and^ Acknowledgments of Instruments, §§ 1180-

1207.

IV. Effect of Recording, or of the Want Thereof, §§ 1213-

1218.

ARTICLE I.
WHAT MAY BE RECORDED.

§ 1158. What may be recorded.

§ 1159. Judgments may be recorded without acknowledgment.
[Location of mining claim.]

§ 1160. Letters patent may be recorded without acknowledg-
ment.

§ 1161. Instruments must be acknowledged, except, etc.

§ 1162. Same. [Certified instruments recorded, when.]

§ 1163. Certificate of residence filed witli recorder showing
where service of summons may be made.

§ 1164. Transfers in trust, etc.

§ 1165. Recorder's fees to be indorsed.

§ 1158. WHAT MAY BE RECORDED. Any instrument or
judgment affecting the title to or possession of real property
may be recorded under this chapter.

Hi-story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 14 pars, annotation.

55 C. 564, 565, 566 (meaning of "instrument" — it does not
embrace what); 67 C. 57, 58, 7 P. 47 (construed and applied); 76
C. 136, 140, 9 A. S. 177, 18 P. 146, 148 (applied); 108 C. 250, 256, 49
A. S. 84, 39 P. 783, 41 P. 472 (cited and applied); 108 C. 546,
549, 41 P. 450 (applied); 146 C. 3, 8, 79 P. 527 (cited).

Enumeration of "instruments" and "conveyances." — See Kerr's
Cyc. C. C. § 1215 and note.

§1159. JUDGMENTS MAT BE RECORDED WITHOUT
ACKNOWLEDGMENT. [LOCATION OF MINING CLAIM.]

Judgments affecting the title to or possession of real property,

624



Tit.IV,cli.IV,art.I.] letters patent. §1160

authenticated by the certificate of the clerk of the court in
which such judgments were rendered (and notices of location
of mining claims), may be recorded without acknowledgment,
certificate of acknowledgment, or further proof.

[Work upon niiuiiig- claims.] The record of all notices of
location of mining claims heretofore made in the proper
office without acknowledgment, or certificate of acknowledg-
ment, or other proof, shall have the same force and effect
for all purposes as if the same had been duly acknowledged,
or proved and certified as required by law. Affidavits show-
ing work or posting of notices upon mining claims may also
be recorded in the recorder's office of the county where such
mining claims are situated.

History: Enacted March 21, 1872; amended March 9, 1897,
Stats, and Amdts. 1897, pp. 97, 98. In effect March 9, 1897.

See Kerr's Cyc. C. C. for 3 pars, artnotation.

129 C. 361, 362, 363, 61 P. 1124 (applied); 5 C. A. 175, 183, 89 P.
1001, 1004 (copy of notice of appropriation of water, though not
in the excepted classes, may be recorded without acknowledg-
ment).

§ 1160. LETTEKS PATENT MAY BE RECORDED WITH-
OUT ACKNOWLEDGMENT. Letters patent from the United
States, or from the state of California, executed and authenti-
cated pursuant to existing law, may be recorded without
acknowledgment or further proof, and where letters patent
have been lost, or' are beyond the control of any party deraign-
ing title therefrom, or for any reason they remain unrecorded,
any person claiming title thereunder may cause a transcript
of the copy of such letters patent kept by the government
issuing the same, duly certified by the officer or individual
having lawful custody of such copy, to be recorded in lieu
of the original; and such recorded copy shall have, prima
facie, the same force and effect as the original, for title or
for evidence, until said original letters patent be recorded.

History: Enacted March 21, 1872; amended April 1, 1878,
Code Amdts. 1877-8, p. 86.

625



§§1161,1162 CIVIL CODE. [Div.II,Pt.IV.

See Kerr's Cyc. C. C. for 2 pars, annotation.

84 C. 567, 569, 24 P. 106, 107 (construed as not applicable); 5
C. A. 175, 183, 89 P. 1001, 1004 (copy of notice of apropriation of
water, though not in the excepted classes, may be recorded with-
out acknowledgment); 5 C. A. 485, 489, 90 P. 965, 967 (applied
to copj' of United States patent).

§1161. IIVSTEUMENTS MUST BE ACKNOWLEDGED,
EXCEPT, ETC. Before an instrument can be recorded, unless
it belongs to the class provided for in either section eleven
hundred and fifty-nine, eleven hundred and sixty, twelve hun-
dred and two, or twelve hundred and three, its execution must
be acknowledged by the person executing it, or if executed
by a corporation, by its president or secretary, or other per-
son executing the same on behalf of the corporation, or
proved by a subscribing witness, or as provided in sections
eleven hundred and ninety-eight and eleven hundred and
ninety-nine, and the acknowledgment or proof certified in the
manner prescribed by article three of this chapter.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 226; by Code Commission, Act March 16,
1901, Stats, and Amdts. 1900-1, p. 396, held unconstitutional, see
history, § 4 ante; amendment re-enacted March 21, 1905, Stats.
and Amdts. 1905, p. 602.

See Kerr's Cyc. C. C. for 6 pars, annotation.

55 C. 564, 565 (meaning- of "instrument" — it does not embrace
what); 56 C. 128, 129 (cited); 74 C. 425, 429, 16 P. 231, 232
(referred to); 90 C. 444, 477, 27 P. 356, 366 (cited); 5 C. A. 175,
183, 89 P. 1001, 1004 (copy of notice of appropriation of water,
though not in the excepted classes, may be recorded without
acknowledgment); 83 F. 48, 56 (instrument creating trusts in
lands, though unacknowledged, may be recorded, upon proof
of its execution).

§ 1162. SAME. [CERTIFIED INSTRUMENTS RECORDED,
WHEN.] An instrument proved and certified pursuant to sec-
tions eleven hundred and ninety-eight and eleven hundred and
ninety-nine may be recorded in the proper office if the origi-
nal is at the same time deposited therein to remain for public
inspection, but not otherwise.

History: Enacted March 21, 1872.
626



Tit.IV,ch.IV,art.I.] RESIDENCE. §§1163. 11«;4

55 C. 564, 565 (meaning' of "instrumont" — it does not embrace
what).



§ 1163. CERTIFICATE OF RESIDENCE FILED WITH
RECORDER SHOWIXG WHERE SERVICE OF SIMMONS
MAY BE MADE. Any person, firm, or corporation, may-
record in the office of the county recorder of any county in
the state of California a certificate setting forth the name of
said person, firm, or corporation, and the place of residence
of said person, firm, or corporation, and the place where
service of summons may be made upon said person, firm, or
corporation. The said certificate must be verified by the oath
of the person, or of a member of the firm, or officer of the
corporation making the same, and may be recorded without
acknowledgment. Such person, firm or corporation may upon
a change of place of residence file affidavit as herein provided
and such last affidavit filed shall be the place designated as
the place where service of summons may be made as herein
provided.

Tlie fee of the recorder for reeordini; said eertltioale shall
be fifty cents; and the recorder shall keep in his office an
index entitled "Index to Certificates of Residence," in which
must be entered the name of the person, firm, or corporation
in whose behalf said certificate was filed.

Hlwtory; Original .section, providing that instruments executed
under power of attorney sliould not be recorded until the
power of attorney was filed, was repealed March 30, 1873-4. p.
226. The above section is a new provision added, under old
section number, March 18, 1905, Stats, and Amdts. 1905. pp. 139.
140.



§ 1164. TRANSFER IN TRUST, ETC. Transfers of prop-
erty in 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, respect-
ively.

History: Enacted March 21, 1S72.
627



§§ 1165-1170 CIVIL CODE. [Div.II.PtlV.

See Kerr's Cyc. C. C. for 2 pars, annotation.

108 C. 250, 256, 49 A. S. 84, 39 P. 783, 41 P. 472 (construed).

Assignments for benefit of creditors, — as to, see Kerr's Cyc.
C. C. §§ 3449 et seq. and note.

Debtor and creditor— Special relation of. — See Kerr's Cyc. C.
C. §§ 3429 et seq. and notes.

Fraudulent instruments and transfers.- — See Kerr's Cyc. C. C.
§§ 3439 et seq. and notes.

Mortg-ag-es,- — as to, see Kerr's Cyc. C. C. §§ 2920 et seq. and
notes.

§ 1165. RECORDER'S FEES TO BE INDORSED. The

recorder must, in all cases, indorse the amount of his fee for
recordation on the instrument recorded.

History: Enacted March 11, 1874, Code Amdts. 1873-4, p. 275.

55 C. 564, 565 (meaning of "instrument" — it does not embrace
what).



ARTICLE II.

MODE OF RECORDING.

§ 1169. In what office.

§ 1170. Instrument, when deemed recorded.

§ 1171. Books of record.

§ 1172. Duties of recorder.

§ 1173. Transfer of vessels.

§ 1169. IN WHAT OFFICE. Instruments entitled to be
recorded must be recorded by the county recorder of the
county in which the real property affected thereby is situated.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
103 C. 108, 110, 111, 37 P. 188 (applied).

§ 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.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4. p. 227.

628



Tit.IV,ch.IV,art.II.] RECORDS. §§1171-1173

See Kerr's Cyc. C. C. for 20 pars, annotation.

55 C. 564, 565 (meaning of "instrument" — it does not embrace
what): 57 C. 399, 401, 402 (applied); 67 C. 57, 58, 7 P. 47 (con-
strued and applied); 90 C. 444, 447, 27 P. 356, 366 (cited); 93 C.
395, 399, 29 P. 58 (applied); 35 P. 646, 647 (construed and
applied); 102 C. 493, 498, 37 P. 755 (cited); 104 C. 395, 400, 38
P. 53 (construed and applied); 121 C. 254, 256, 53 P. 796 (con-
strued and applied); 131 C. 552, 555, 556, 557, 558, 82 A. S. 391.
63 P. 844 (construed and applied with other sections).

Indorsement of fees by recorder. — See post § 1165.

§ 1171. KOOKS OF RECORD. Grants, absolute in terms,
are to be recorded in one set of books, and mortgages in

another.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

131 C. 552, 558, 82 A. S. 391, 63 P. 844 (cited) 146 C. 3, 10.
79 P. 527 (what instrument must not be recorded aniongr mort-
gages).

§ 1172. DUTIES OF RECORDER. The duties of comvy
recorders, in respect to recording instruments, are prescribed
by the Political Code.

History: Enacted March 21, 1872.

55 C. 564, 565 (meaning of "instrument" — it does not em-
brace what).

Duties of recorder — Generally. — See Kerr's Cyc. Pol. C. SS 4235
et seq. and notes.

§ 1173. TR.V>'SFER OF VESSELS. The mode of record-
ing transfers of ships registered under the laws of the I'nited
States is regulated by acts of Congress.

History: Enacted March 21, 1872.

Recording transfer of vessels. — See U. S. Rev. Stats. $§4131
et seq., 5 F. S. A. 395.



629



§ 1180 CIVIL CODE. [Div.II.Pt.IV.

ARTICLE III.

PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS.

§ 1180. By whom acknowledgments may be taken in this state.

§ 1181. ^ame.

§ 1182. By whom taken without the state.

§ 1183. By whom taken without the United States.

§ 1184. Deputy can take acknowledgment.

§ 1185. Requisites for acknowledgements.

§ 1186. Acknowledgment by married women [repealed].

§ 1187. Conveyance by married woman. Acknowledgment.

§ 1188. [Same.] Certificate.

§ 1189. General form of certificate. [Outside of state.]

§ 1190. Form of acknowledgment by corporation.

§ 1191. Form of certificate of acknowledgment by married

women [repealed].

§ 1192. Form of certificate of acknowledgment by attorney in

fact.

§ 1193. Officers must affix their signatures.

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

§ 1195. Proof of execution, how made.

§ 1196. Witness must be personally known to officer.

§ 1197. Witness must prove, what.

§ 1198. Handwriting may be proved, when.

§ 1199. Evidence of handwriting must prove, what.

§ 1200. Certificate of proof.

§ 1201. Officers authorized to do certain things.

§ 1202. Instrument improperly certified, how corrected.

§ 1203. Judgment proving instrument.

§ 1204. Effect of judgment in such action.

§ 1205. Conveyances heretofore made to be governed by then

existing laws.

§ 1206. Recording, and as evidence, to be governed by then

existing laws.

§ 1207. Validating defectively executed instruments. Record

imparts notice. Certified copies.

§ 1180. BY WHOM ACKNOWLEDGEMENTS MAT 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.

630



Tit.IV.ch.IV.art.III.] ACKNOWLEDGEMENT. § HgQ

Hlstorj-: Enacted March 21, 1872; amende<l Amii ^. iwu i'...!..
Amdts. 1880 (C. C. pt.), p. 2.

55 C. 564, 565 (meaning of "instrument" — it does nut embrace
what).

ACKXOWLEDGMEXT OF IXSTRl MENTS — GENERALLY.

As to instruments included in term "conveyance," see Kerrs
Cyc. C. C. § 1215 and note.

Abbreviations in certificate, sufficiency of to show offlclal
character. — See 14 L. 815.

Amending and perfecting certificate of. — See 52 A. D. 519.

Certificate of married woman, when sufficient. — See 6 A. S.
642; see note §1093 ante.

Certificates as to — Errors and omissions in, effect of. — S<-'-
2 A. C. 989; 7 A. C. 693.

Same — Same — Effect of omission of name of grantor r>r ni.rr-
gagor. — See 2 A. C. 990.

Same — Impeachment of, generally, see 7 A. C. 245.

Same — Same — Evidence requisite to. — See 7 A. C. 249.

Same — Necessity that certificate should state that it wa.s
taken within officer's jurisdiction. — See 10 A. C. 129.

Same — Requisites, generally, see 5 A. C. 459, 10 A. C. 128.

Conclusiveness of certificate of. — See 1 A. D. 81; 54 A. S. 150.

"Conveyance" — As to instruments included in, see Kerr's Cyc.
C. C. P. § 1215 and note.

Disqualification of officer taking, effect of. — See 32 A. D. 757:
58 A. S. 707.

Effect of grammatical defects in certificate of. — See 11 I-
N. S. 643.

Informality, how cured. — See 10 L. 857.

Instruments included in the term "conveyance." — See Kerr's
Cyc. C. C. § 1215 and note.

Interest of officer in transaction disqualifies liim from tak-
ing.— See 56 A. S. 798; 33 L. 332.

Leaving blank for name of party in certificate of acknowl-
edgment, effect of. — See 19 L. 279.

Of deeds, certificate defective, when fatal and when not. —
See 108 A. S. 525.

Omission in, does not invalidate. — See 10 L. S57.

Power of con.sul to take aiknowledgment. — See 45 L. 4;>y.

Power of deputy taking acknowlcdgnunt. — See 2 A. C. 299.

Presumption as to official character of justice of the peace. —
See 10 L. 857.

Right of interested person to take acknowledgment. — See 56
A. S. 798; 33 L. 332.

Substantial compliance with statute sufficient. — See 10 L. S57.

Sufficiency of evidence to impeach certificate of. of deod.—
See 6 L. N. S. 442.

631



§ 1181, 1182 CIVIL CODE. [Div.II,Pt.IV.

Validity of acknowledgment — Of deed of trust taken by trus-
tee.— See 16 L. 719.

Same — Taken by officer whose right to office has ceased. —
See 5 A. C. 461.

When fatally defective and when not. — See 41 A. D. 168;
108 A. S. 525.

§ 1181. SAME. The proof or acknowledgment of an instru-
ment may be made in this state, within the city, county, city
and county, or township for which the officer was elected or
appointed, before either:

1. A clerk of a court of record;

2. A county recorder;

3. A court commissioner;

4. A notary public;

5. A justice of the peace.

History: Enacted March 21, 1872; amended April 3, 1880, Code
Am.dts. 1880 (C. C. pt.), p. 2; March 31, 1891, Stats, and Amdts.
1891, p. 214; by Code Commission, Act March 16, 1901, Stats.
and Amdts. 1900-1, p. 396, held unconstitutional, see history, § 4
ante; amendment re-enacted March 21, 1905, Stats, and Amdts.
1905, p. 603.

See Kerr's Cyc. C. C. for 15 pars, annotation.

55 C. 564, 565 (meaning of "instrument" — it does not embrace
what); 64 C. 267, 268, 269, 30 P. 816, 817 (construed and ap-
plied); 90 C. 444, 448, 27 P. 356, 367 (applied); 90 C. 444, 478,
27 P. 356 (cited); 104 C. 680, 682, 683, 38 P. 516 (construed);
130 C. 442, 447, 62 P. 739 (cited).

As to many miscellaneous matters as to acknowledgment
of instruments, see note § 1180, ante.

Presumption of identity of persons from identity of name. —
See, generally, Kerr's Cyc. C. C. P. § 1963 subd. 25 and note.

§ 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 with
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,

632



Tit.IV,ch.IV,art.III.] BY WHOM taken. §§1183,1181

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 acknowledg-
ment is made authorized by its laws to take such proof or
acknowledgment.

History: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 4 pars, annotation.

55 C. 564, 565 (meaning of "instrument" — it does not embrace
what).

As to many miscellaneous matters as to acknowledgment of
instruments, see note § 1180, ante.

§1183. BY WHOM TAKEX WITHOUT THE IMTEI)
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 acknowl-
edgment is made; or,

3. A judge of a court of record of the country whore the
proof or acknowledgment is made; or,

4. Commissioners appointed for such purposes by the gov-
ernor of the state, pursuant to special statutes; or,

5. A notary public.

History! Enacted March 21. 1872: am.iid.-d March 30. 1S74.
Code Amdts. 1873-4, p. 227.

See Kerr's Cyc. C. C. for 3 pars, annotation.

55 C. 564, 565 (meaning of "instrument" — It does not embrace
what); 110 C. 243, 245, 42 P. 810 (referred to); 83 F. 48. 56
(instrument creating trust in lands, though unacknowledged,
may be recorded upon proof of its execution).

As to many miscellaneous matters as to tlie arkno\vl.>djr-
ment of instruments, see note § 1180, ante.

§ 1184. DEPUTY CAN TAKE ACK>OWLED(iMENT. When
any of the officers mentioned in the four preceding sections

633



§§1185,1186 CIVIL CODE. [Div.II.Pt.IV.

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.

History: Enacted March 21, 1872.

§1185. REQUISITES FOR ACKJfOWLEDGIffENT. 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 acknowledg-
ment is the president or secretary of such corporation, or
other person who executed it on its behalf.

History: Enacted March 21, 1872; amended hy Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 396, held
unconstitutional, see liistory, § 4 ante; amendment re-enacted
March 21, 1905, Stats, and Amdts. 1905, p. 603.



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