Page:United States Statutes at Large Volume 47 Part 1.djvu/1188

 1 164 72d CONGRESS. SESS. II. CE 128. FEBRUARY 27, 1933 . Csoss REP snxcs Gift inter vivos not revocable, see section 283. Effect of will upon. SEC. 287. EFFECT OF WILL UPON GIFT.-A gift in view of death is not affected by a previous will ; nor by a subsequent will, unless it expresses an intention to revoke the gift. a ~When treated as leg- ,SEC. G88. WH EN TREATED AS LEGACY.--A gift in view of death must be treated as a legacy, so far as relates o nly to the credi tors of the giver. PROOF AND AC- CHAPTER 22 .-PROOF AND ACKNOWLEDGMENT gNOWL EDGMENT of INSTRUMENTS. OF INSTRUME NTS By whom taken. SEC. 289. BY WH OM ACKNOWLEDGMENTS MAY BE TAKEN IN CANAL In canal zone. ZONE.The proof or acknowledgment of any in str um ent required by Jaw to be proved or acknowledged may be made before the district judge, the clerk of the district court, a magistrate, or before any notary public of the Canal Zone. Wit hou tca nal zone. SEC. 290. BY WHOM TAKEN WITHOUT CANAL ZONE .--The proof or acknowledgment of an instrument may be ma de without the Canal Zone, b ut withi n the Un ited Sta tes, and within the juri sdiction of the officer, before the judge of any court of record or the clerk there- of or before any notary public within any State, Territory, District, orpossession of the Uited States. Taken in foreign SEC. 291 . BY WHOM TAKEN IN FOREIGN COUNTRY.-If an instrument co untry. is o_ne executed in a foreign country, the same may be acknowledged before any diplomatic or consular officer or commercial agent of the United States accredited to su ch country or be fore any officer of such foreign country authori zed to t ake' ack nowledgm ents, th e signat ure and official character of such officer to be certified by a diplomatic, consular, or c ommercial offici al of the United States. Power to issue certi- SEC. 292. OFFI CERS EMPOW ERED T O I SS UE PROPER CERTIFI CATES .-The $cafes on' officers authorized to take acknowledgments under sections 289 to 291 are empowered-to issue proper certificates of the same. Requisites for so- SEC. 293. REQUISITES FOR A CKN OW LED GM ENT .-The ac knowle dgment knowledgment. of an instrument must not be taken unless the officer taking it knows or has satisfa ctory evidence, on tha oath or a ffirmation of a credible witness, that the person making such acknowledgment is the indi- vidual who is described in and who executed the instrument ; or, if execute d by a c orporati on, that the per son maki ng such acknowle dg- ment is the president or secretary of such corporation, or other person who executed it on its behalf. Officer must indorse. SEC. 294. OFFICER MUST INDORSE CERTIFICATE .-An officer taking the acknowledgment of an instrument must indorse thereon or attach thereto a certificate substantially in the forms hereinafter prescribed. Form. SEC, 295 . GEN ERAL FO RM OF CER TIFI CAT E .--Th e certif icate of acknowledgment, unless it is otherwise in this chapter provided, must be substantially in the following form : "United States of America, Canal Zone, ss. On this	day 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) e xecute d the same" : Provided, however, That any acknowledgment taken without the Canal Zone in accordance with the laws of the place wh ere the acknowle dgment i s made, shall be sufficie nt in th e Can al Zone : And provided further, That the certificate of the clerk of a court of reco rd of th e county or dist rict whe re such acknowl-