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 .
