Page:United States Statutes at Large Volume 76A.djvu/201

–105– -105§ 738. Contents of certificate of proof An officer taking proof of the execution of an instrument shall, in his certificate indorsed thereon or attached thereto, set forth: (1) all the matters required by law to be done or known by him, or proved, before him on the proceeding; and (2) the names of all the witnesses examined before him, their places of residence respectively, and the substance of their testimony. § 739. Other powers of officers Officers authorized to take the proof of instruments may, in the proceedings: (1) administer oaths or affirmations, as prescribed by section 2502 of Title 6; (2) employ and swear interpreters; (3) issue subpoenas, as prescribed by section 1101 of Title 2; and (4) institute proceedings in the district court to compel the attendance of witnesses or the production of papers, or to punish for contempt, or for the issuance of a warrant of arrest or commitment, in the manner provided by section 1102 of Title 2, and sections 2556 and 2556 of Title 5. § 740. Action to correct defective instrument When the acknowledgment or proof of the execution of an instrument is properly made, but defectively certified, a party interested may have an action in the district court to obtain a judgment correcting the certificate. § 741. Action for j u d g m e n t proving 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 the instrument. § 742. Effect of j u d g m e n t A certified copy of the judgment in a proceeding instituted pursuant to section 740 or 741 of this title, showing the proof of the instrument, and attached thereto, entitles the instrumen<^ to record, with like effect as if acknowledged. §743. I n s t r u m e n t s executed prior to effective date of Code The legality of the execution, acknowledgment, proof, form, or record of instruments made before January 2, 1963, executed, acknowledged, proved, or recorded is not affected by the provisions of this chapter. They depend for their validity and legality upon the laws in force when the acts were performed. § 744. I n s t r u m e n t s affecting land in District of Columbia, territories, etc. Deeds and other instruments affecting land situate in the District of Columbia, or any territory or possession of the United States, or the Commonwealth of Puerto Rico, may be acknowledged in the Canal Zone: (1) before a notary public or judge; or (2) by an officer in the Canal Zone who has ex officio powers of a notary public. The certificate by the notary public in the Canal Zone shall be accompanied by a certificate of the executive secretary stating that the notary taking the acknowledgment was in fact the officer he purported to be. Deeds or other instruments affecting lands so situate, so acknowledged since January 1, 1905, and accompanied by the certificate have the same effect as such deeds or other instruments so acknowledged and certified after June 28, 1906.

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