Page:United States Statutes at Large Volume 47 Part 1.djvu/1190

 1166 72d C ONGRESS. SESS. II. CH. 128. FEBRUARY 27, 1933 . Pr oof by handw rit. SEC. 302. HANDWRITING MAY BE PROVED, WHEN .-Th e exe cution of erg' an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cas es 1. When the parties and all the subscribing witnesses are dead ; or, 2. When the parties and all the subscribing witnesses are nonresi- dents of the Canal Zone ; or, 3. When the place of their residence is unknown to the party desiring the proof, and can not be ascertained by the exercise of due diligence ; or, 4. When the s ubscr ibing witne ss co nceals hims elf or can not be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment ; or, 5 . In case of the continued failure or refusal of the witness to testify, for the space o f one hour, afte r his appearance. What handwriting SEC. 303. EVIDENCE OF HANDWRITING MUST PROVE, WHAT.-The evi - must provet deuce taken under section 302 must satisfactorily prove to the officer the fol lowi ng fact s (1) The existence of one or more of the conditions mentioned therein ; and, (2) That the wit ness tes tifying knew the person w hose nam e pur- ports to be subscribed to the instrument as a party, and is well acquainted with his signature, and that it is genuine ; and, (3) That the witness testifying personally knew the person who subscribed the instrument as a witness, and is well acquainted with his signature, and that it is genuine ; and, (4) The place of residence of th e witness. Certi ficate o f proof. SEC. 304. CESTH'ICATE of PROOF.-An officer taking proof of the execution of any instrument must, in his certificate indorsed thereon or attached thereto, set forth all the matters required by law to be don e or kn own by h im, or proved, before him on the proceeding, together with the names of all the witnesses examined before him, their pl aces of residenc e respec tively, and the s ubstance of their tes tim ony. Authority of officers. SEED. 305 . OFFICERS AUTHO RIZED TO DO CE RTAI N THINGS.--Officers authoriz ed to ta ke the p roof of instrume nts are a uthorize d in suc h proceedi ngs : 1 . To administer oaths or affirmations ; 2 . To employ and swear interpreters ; Ante, p. 1111. 3 . To iss ue subpoenas, as prescribed in s ection 1156 of th e Code of Civil Procedure ; Ante, p.1112. 4 . To punish for contempt, as prescribed in sections 1160, 1162, and 1163, of the Code of Civil Procedure. Ante, p.1112. The civil damages and forfeiture to the party aggrieved are prescribed in section 1161 of the Code of Civil Procedure. Correction of im° SEC. 306. WREN INSTRUMENT IS IMPROPERLY CERTIFIED, PARTY MAY proper certificate. HAV E ACTION TO CORRECT ERROR.-When the acknowledgment or proof of the execution of an instrument is properly made, but defectively certifie d, any p arty int erested may have an actio n in the distric t court to obtain a judgment correcting the certificate. Judgment of proof of ,SEC. 307 . IN CERTAIN CASES, PARTIES INTERESTED MAY OBTAIN JUD O- an instrument. MENT OF PROOF OF AN INSTRUMENT.-Any person interested under an instrument entitled to be proved for record, may institute an action in the district court against the proper parties to obtain a judgment proving such instrument. Effect. SEC. 308 . Er 'r'FCT OF JUDGMENT IN SUC H ACTION .-A certified copy of the judgment in a proceeding instituted under section 306 or sec- tion 307, showing the proof of the instrument, and attached thereto, entitled such instrument to record, with like effect as if acknowledged.