§ 729. Form of certificate of acknowledgment by corporation (a) The certificate of acknowledgment of an instrument executed by a corporation shall be substantially in the following form: -, in the year (here insert the name and quality of the officer), personally appeared -, known to me (or proved to me on the oath of -) to be the president (or the secretary) of the corporation that executed the within instrument (where, however, the instrument is executed in behalf of the corporation by some one other than the president or secretary insert: known to me (or proved to me on the oath of -) to be the person who executed the within instrument on behalf of the corporation therein named) and acknowledged to me that such corporation executed the same. (b) The certificate of acknowledgment of an instrument executed by a corporation, by its president or vice president and secretary or assistant secretary, other than an instrument conveying or otherwise transferring all, or substantially all, the assets of the corporation, may contain, in addition to the matters set forth in subsection (a) of this section, a statement substantially in the following form: "and acknowledged to me that the corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors"; and that recital is prima facie evidence that the instrument is the act of the corporation, and that it was duly executed pursuant to authority duly given by its by-laws or the board of directors, and conclusive evidence of those matters in favor of any good faith purchaser, lessee or encumbrancer. § 730. Form of certificate of acknowledgment by partnership The certificate of acknowledgment of an instrument executed by a partnership shall be substantially in the following form: UNITED STATES OF AMERICA, On this Canal Zone, 88: day of in the year before me (here insert the name and quality of the officer), personally appeared known to me (or proved to me on the oath of -) to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that the partnership executed the same. 731. Form of certificate of acknowledgment by attorney in fact The certificate of acknowledgment by an attorney in fact shall be substantially in the following form: UNITED STATES OF AMERICA, On this Canal Zone, 88: day of in the year before me (here insert the 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 as the attorney in fact of that he subscribed the name of own name as attorney in fact. and acknowledged to me thereto as principal, and his 8732. Authentication of certificate of acknowledgment Officers taking and certifying acknowledgments, or proof of instruments for record, shall authenticate their certificates by affixing thereto their signatures, followed by the names of their offices; also, their seals of office, if by the laws of the State or country where the acknowledgment or proof is taken, or by authority of which they are acting, they are required to have official seals. § 733. Proof of execution Proof of the execution of an instrument, when not acknowledged, may be made either by: (1) the party executing it; or either of the parties; or (2) a subscribing witness; or (3) other witnesses, in cases mentioned in section 1125 of this title. § 734. Identity of witness If execution is to be proved by a subscribing witness, he must be personally known to the officer taking the proof to be the person whose name is subscribed to the instrument as a witness, or must be proved to be such by the oath of a credible witness. § 735. Items to be proved by subscribing witness The subscribing witness referred to in sections 733 and 734 of this title shall prove that: (1) the person whose name is subscribed to the instrument as a party: (A) is the person described in it; and (B) that he executed it; and (2) the witness subscribed his name thereto as a witness. § 736. Proof of handwriting The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, when the: (1) parties and all the subscribing witnesses are dead; (2) parties and all the subscribing witnesses are nonresidents of the Canal Zone; (3) place of their residence is unknown to the party desiring the proof, and cannot be ascertained by the exercise of due diligence; (4) subscribing witness conceals himself, or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or (5) failure or refusal of the witness to testify continues for the space of one hour after his appearance. § 737. Evidence of handwriting The evidence taken pursuant to section 736 of this title must satisfactorily prove to the officer: (1) the existence of one or more of the conditions specified by section 736 of this title; (2) that the witness testifying knew the person whose name purports to be subscribed to the instrument as a party, and is well acquainted with his signature, and that it is genuine; (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 the witness. § 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 5; and (2) employ and swear interpreters; (3) issue subpoenas, as prescribed by section 1101 of Title 2; (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 2555 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 judgment 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 judgment 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 instrument to record, with like effect as if acknowledged. § 743. Instruments 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. Instruments 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. CHAPTER 29-OBLIGATIONS IN GENERAL BUBCHAPTER I—DEFINITIONS Sec. 781. Obligation defined. 782. Creation and enforcement. SUBCHAPTER II-INTERPRETATION OF OBLIGATIONS Article A-General Rules of Interpretation 811. General rules of interpretation. 871. Transfer of burden of obligation. 872. Transfer of rights arising from obligation. 873. Indorsement of nonnegotiable instrument. SUBCHAPTER IV—EXTINCTION OF OBLIGATIONS 925. Extinction of pecuniary obligation by offer, deposit, and notice. 926. Objections to mode of offer. 927. Title to thing offered. 928. Custody of thing offered. 929. Effect of offer on interest and incidents of obligation. 930. Retention of thing offered and refused. Article C-Prevention of Performance or Offer 941. Causes excusing performance or offer. An obligation is a legal duty, by which a person is bound to do or not to do a certain thing. § 782. Creation and enforcement An obligation arises either from the: (1) contract of the parties; or (2) operation of law. An obligation arising from operation of law may be enforced in the manner provided by law, or by civil action or proceeding. Subchapter II-Interpretation of Obligations Article A-General Rules of Interpretation § 811. General rules of interpretation The rules which govern the interpretation of contracts are prescribed by chapter 35 of this title. Other obligations are interpreted by the same rules by which statutes of a similar nature are interpreted. Article B-Joint or Several Obligations § 821. Classification of obligations An obligation imposed upon several persons, or a right created in favor of several persons, may be: (1) joint; (2) several; or (3) joint and several. § 822. Presumption of joint obligation An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several, except in the special cases specified by chapter 35 of this title, relating to the interpretation of contracts. This presumption, in the case of a right, may be overcome only by express words to the contrary. § 823. Contribution between joint parties A party to a joint, or joint and several, obligation who satisfies more than his share of the claim against all, may require a proportionate contribution from all the parties joined with him. Article C-Conditional Obligations § 831. Conditional obligation defined An obligation is conditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event. § 832. Kinds of conditions Conditions may be precedent, concurrent, or subsequent. |