A deed of gift of slaves must be acknowledged. Rev. Stat. 71.
Notaries public may also take acknowledgments of instruments relating to oommerce and naviga tion. Rev. Stat. 104, 0 4.
Within the state ; by some jndge or clerk of a court having a seal, or some notary public or justice of the peace of the proper county.
Without the state, and within the United States ; by some judge or clerk of any conrt of the United States, or of any state or territory having a seal, or by a California commissioner. Without the United States; by some judge or clerk of any court of any state, kingdom, or empire having a seal, br by any notary public therein, or by any minister, commis eioner, or consul of the United States appointed to reside therein. Cal. Laws, 1850-53, p. 513, 0 4.
The officer's certificate, which most be endorsed or annexed, must when granted by a judge or clerk, under the hand of such judge or clerk, and the seal of the court; when granted by an officer who has a seal of office, under his hand and official seal. Cal. Laws, 1850-53, 513, 0 5.
The certificate must show, in addition to the fact of the acknowledgment, that the person making such acknowledgment was personally known to the officer taking the same, to be the person whose name was subscribed to the conveyance as a party thereto, or must show that he was proved to be such by a oredible witness (naming him). CaL Laws, 1850-53, 513, 00 6, 7.
The certificate is to be substantially in the fol lowing form :—" State of California, County of On this day of , A.D. , personally appeared before me, a notary public (or judge, or officer, as the case may be) in and for the said county, A. B., known to me to be the person de scribed io, and who executed the foregoing instru ment, who acknowledged [or, if the grantor in un known, A. B., satisfactorily proved to me to be the person described in, and who executed the within conveyance, by the oath of C. D., a competent and credible witness for that pnrpose, by me duly swore, and he, the said A. B., acknowledged] that he ex ecuted the same freely and voluntarily for the uses and purposes thereL' mentioned." Cal. Laws, 1850 53, 514, 00 8, 9.
The proof may be by a subscribing or, when all the subscribing witnesses are dead, or cannot be had, by evidence of the handwriting of the party, and of at least one subscribing witness, given by a credible witness to each signature. CaL Laws, 1850-53, 514, 0 10.
The certificate of such proof must set forth, that such subscribing witness was personally known to the officer to be the person whose name is sub scribed to such conveyance as a witness thereto, or was proved to be such by oath of a witness (naming him); and most also set forth the proof given by such witness of the execution of such conveyanoe, and of the fact that the person whose name is sub scribed in such 000veyance, as a party thereto, is the person who executed the same, and that suoh witness subscribed his name to such conveyance as a witness thereof. Cal. Laws, 1850-53, 515, 0 13.
No proof by evidence of the handwriting of the party and of a subscribing witness shill be taken, unless the officer taking the same shall be satisfied that all the subscribing witnesses to such convey ance are dead, or cannot be had to prove the exeou tion thereof. Cal. Laws, 1850-53, 515, 0 14.
No acknowledgment of a married woman shall be taken, unless she is personally known to the officer to be the person whose name is subscribed to such conveyance as a party thereto, or shall be proved to be such by a credible witness; nor un less she is made acquainted with the contents, and acknowledges on an examination, apart from and without the hearing of her husband that she ex ecuted he same freely and voluntarily, without fear or compulsion, or undue influence of her hus band, and that she does not wish to retract the ex ecution of the same. Id. 516, 0 22.
The certificate must be in the form above given, and must set forth that such married woman was personally known to the officer to be the person whose name is subscribed to such conveyance as a party thereto, or was proved to be such by a credi ble witness (naming him), and that she was made acquainted with the contents of such conveyance, and acknowledged on examination, apart from and without. the hearing of her husband, that she ex ecuted the same freely and voluntarily, without fear or compulsion, or undue influence of her hus band, and that she does not wish to retract the ex ecution of the same. Every certificate which sub stantially conforms to the requirements of this act is valid. Id. 23.
A deed affecting the married woman'e separate property must be acknowledged by her upon an examination separate and apart from her husband, before any judge of a court of record or notary public ; or, if executed out of the state, then before a judge of a court of record, or a California com missioner, or before any minister, secretary of lega tion, or consul of the United States, appointed for and residing in the country in which the deed is acknowledged. Laws of 1858, 22, e. 25.
CONNECT/Cl/T.—All grants and deede of bargain and eale, and mortgages, must be acknowledged by the grantors to be their free act and deed before a justioe of the peace, or a notary public, or a town clerk, or before a judge of the supreme or district court of the United States, or of the supreme or su perior court, or court of common pleas, or county court of any individual state ; or before the com missioner of the school-fund; or before a commis sioner or other officer having power to take acknow ledgment of deeds; or before a county surveyor, when the land lies within his county ; or before a Connecticut commissioner. When deeds are ex ecuted by an attorney duly authorized, his acknow ledgment is sufficient; but the power of attorney must be acknowledged by the grantor of the power. Rev. Stat. (1849) 455, 00 8, 9; 586, 0 4; Laws of 1854, 130, c. 91.
All such instruments executed by any grantors residing in a foreign state or country, without the United States, may be acknowledged likewise before any United States consul resident in such country, or any notary public or justice of the peace of such country, or before a Connecticut commissioner. Rev. Stat. (1849) 456, 0 10; Laws of 1857, c. 31.