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judge or clerk of any court of the United States, or of any state or territory having a seal, or by a commissioner appointed by the government of this state for that purpose, or by any notary public, commissioner of deeds or justice of the peace, authorized to take and certify the acknowledg ment or proof of deeds to be used in his state or territory: provided, however, that where such proof or acknowledgment shall be taken and certified by any such notary public or commissioner of deeds other than commissioners of this state, a certificate of the secretary of state or territory shall also be affixed to the instrument so certified, to the effect that such notary public or commissioner of deeds. other than commissioners of this state at the time of taking such acknowledgment or proof was such officer, that the signature affixed to such certificate is his genuine signature, and that he is authorized by law to take the acknowledgment of deeds within the state or territory or county in which he may be acting; and where such proof or acknowledgment shall be taken and certified by a justice of the peace, a certificate of the county clerk of the county in which such justice resides, or clerk of a court of record, shall also be affixed to the instrument so certified and to the like effect.

3d. If acknowledged or proved without the United States, by some judge or clerk of any court of any state, kingdom or empire, having a seal, or any notary public therein, or any minister, commissioner or consul, of the United States, appointed to reside therein: provided, however, that where such proof or acknowledgment shall be taken and certified by any such judge or clerk of court, or any notary public without the United States, the same shall be accompanied by the certificate of a minister or consul of the United States resident in such state, kingdom or empire, to the effect that such person was at the date of such proof or acknowledgment such officer, that the signature or seal, or both such signature and seal, of such officer is genuine, and that such officer is authorized by law to take the proof or acknowledgment [as the case may be] of deeds where he may be acting. When any of the officers above-mentioned are authorized by law to appoint a deputy, such acknowl

edgment or proof may be taken by such deputy in the name of his principal.

Sec. 2. All acknowledgments or proofs heretofore taken of any instrument authorized by law to be recorded, acknowledged or proven and certified, or which may be certified in the manner herein-above provided, the record thereof shall be valid and of the like force and effect as if acknowledged or proven before the officer, and certified to in the manner heretofore required by law: provided, that nothing in this act shall be so construed as to affect in any manner the rights of any subsequent purchaser in good faith. Pub. Laws, 1866, 429.

SEC. 2. Thus it will be perceived, from the foregoing statule, that justices of the peace may take acknowledgments, when the conveyance is executed, and is to be recorded in the county in which he holds his office. The nineteenth section of the statute concerning conveyances empowers a married woman to convey her real estate; but such conveyance must be executed and acknowledged by herself and husband. And if the conveyance be executed and is to be recorded in the county where the justice of the peace exercises the duties of his office, he may take and certify their acknowledgments. The twenty-second section of said statute provides that the acknowledgment of a married women shall not be taken unless she shall be personally known to the officer taking the same 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 unless such married woman shall be made acquainted with the contents of such conveyance, and shall acknowledge, on an examination apart from and without the hearing of her husband, that she executed the same freely and voluntarily, without fear or compulsion or undue influence of her husband, and that she does not wish to retract the execution of the same.

SEC. 3. The following are forms of acknowledgments:

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........, a justice of the peace, his wife, whose names are

seventy.., personally appeared before me, in and for the said county, ........ and subscribed to the annexed instrument as parties thereto, personally known to me to be the same persons described in and who executed the said annexed instrument, as parties thereto, who each of them acknowledged to me that they each of them respectively executed the same freely and voluntarily, and for the uses and purposes therein mentioned. And the said ........, wife of the said ........, having been by me first made acquainted with the contents of said instrument, acknowledged to me on examination, apart from and without the hearing of her husband, that she executed the same freely and voluntarily, without fear or compulsion, or undue influence of her husband, and that she does not wish to retract the execution of the same.

In witness whereof, I have hereunto set my hand and affixed my private seal (having no seal of office) the day and year in this certificate first above written.

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the same person whose name is subscribed to the annexed instrument as a witness thereto, who being by me duly sworn, deposed and said, that he resides in that he was present and saw ... . . . . . . 、、 known to him to be the same person described in and who executed the annexed instrument, as a party thereto, sign, seal and deliver, the same; and that the said ..... acknowledged in the presence of said affiant that.. executed the same freely and voluntarily, and for the uses and purposes therein mentioned, and that he the said affiant subscribed his name to said instrument as a witness thereof.

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In witness whereof, I have hereunto set my hand and affixed my private seal (having no seal of office) the day and year in this certificate first above written.

State of California,

County of

On this ........ day of

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SS.

[L.S.] Justice of the peace.

A.D. one thousand eight hundred and a justice of the peace

seventy.., personally appeared before me,

in and for the said county,

annexed instrument as

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part...

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whose name .... subscribed to the thereto, personally known to me to be the same person described in and who executed the said annexed instrument, as part thereto, who .... .... acknowledged to me that ..... executed the same freely and voluntarily, and for the uses and purposes therein mentioned.

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In witness whereof, I have hereunto set my hand and affixed my private seal (having no seal of office) the day and year in this certificate first above written.

[L.S.] Justice of the peace.

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same person described in and who executed by power of attorney .... the annexed instrument as the attorney in fact of named in the annexed instrument, as a party thereto, and therein described as the party executing the same by his said attorney; and the said edged to me that he executed the same freely and voluntarily, as, and for the act and deed of the said .... and for the uses and purposes therein mentioned.

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In witness whereof, I have hereunto set my hand and affixed my private seal (having no seal of office) the day and year in this certificate first above written.

[L S.] Justice of the peace.

SEC. 4. An acknowledgment of a conveyance which does not state that the person making the acknowledgment is either personally known, or proved to the officer to be the person who executed it, does not entitle the instrument to be recorded; and if recorded its record imparts no notice. 7 Cal. 161, 162.

SEC. 5. Where the officer taking an acknowledgment certifies that the parties "were known to him," and omits the word "personally," it is valid. 8 Cal. 87.

SEC. 6. The certificate of acknowledgment of a married woman to a deed must state that the contents of the deed were explained to her, otherwise it is defective, and will not pass her interest in the estate. 10 Cal. 436.

SEC. 7. Under our law, no presumption of knowledge, on the part of a married woman, of the contents of a deed arises from the fact of executing it. 10 Cal. 436.

SEC. 8. A justice of the peace can take the acknowledgment of the wife to a deed of the homestead. 13 Cal. 81. SEC. 9. The recorder of the city of San Francisco is authorized by law to take acknowledgments of mortgages and conveyances. 8 Cal. 87.

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SECTION 1. The sixth chapter of the practice act, providing for actions against steamers, vessels and boats, confers upon the district courts admiralty jurisdiction pro tanto, and the proceedings in such actions must be governed by the principles and forms of admiralty courts, except where otherwise controlled or directed by the act. The rule in regard 'to actions in rem, in both admiralty and common-law courts, gives exclusive jurisdiction, in a given case, to that tribunal which has acquired it by a judicial seizure of the thing; and such seizure has always been held essential to a proceeding in rem. Our statute, however, alters that rule. It makes the service of process upon a person standing in a particular relation to the thing equivalent to its seizure, for the purpose of conferring jurisdiction; and it necessarily follows that jurisdiction in rem may exist in several courts at the same time and over the same subject. There need,

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