the children in like manner as if all had been legitimate. The issue of all marriages null in law, or dissolved by divorce, are legitimate.

If an illegitimate child, who has not been acknowledged or adopted by his father, dies intestate, without lawful issue, his estate goes to his mother, or in case of her decease, to her heirs. at law.

CHAPTER XV.

HOMESTEADS.

The homestead consists of the dwelling-house in which the claimant resides, and the land on which the same is situated, selected as hereinafter provided:

Homesteads may be selected and claimed.

1. Of not exceeding five thousand dollars in value, by any head of a family.

2. Of not exceeding one thousand dollars in value, by any other person.

The phrase "head of a family," as used in this title, includes. within its meaning:

First-The husband or wife when the claimant is a married person.

Second-Every person who has residing on the premises. with him or her, and under his or her care and maintenance, either:

1. His or her minor child, or the minor child of his or her deceased wife or husband.

2. A minor brother or sister, or the minor child of a deceased brother or sister.

3. A father, mother, grandfather or grandmother.

4. The father, mother, grandfather, or grandmother of a deceased husband or wife.

5. An unmarried sister, or any other of the relatives. mentioned who have attained the age of majority, and are unable to support themselves.

The declaration of homestead must be executed, acknowledged, and duly recorded in the office of the recorder of the county in which the land is situated. From and after the time the declaration is filed for record, the premises therein described constitute a homestead.

The homestead is exempt from execution or forced sale, except in satisfaction of judgments obtained:

1.

Before the declaration of homestead was filed for record, and which constitute liens upon the premises, or in an action in which an attachment was levied upon the premises before the filing of such delaration.

2. On debts secured by mechanics', laborers' or vendors' liens upon the premises.

3. On debts secured by mortgages upon the premises, executed and acknowledged by the husband and wife, or an unmarried claimant.

4. On debts secured by mortgages upon the premises, executed and recorded before the declaration of homestead was filed for record.

The homestead of a married person cannot be conveyed or incumbered, unless the instrument is executed and acknowledged by both husband and wife.

If the homestead exceed in value the amount of the homestead exemption, the excess may be reached on execution, but the property must first be appraised, upon application to the county Judge.

The homestead may be abandoned by filing in the office where the declaration is filed a declaration of abandonment, duly executed.

CHAPTER XVI.

CORPORATIONS.

The provisions of our corporation law are similar to

California.

CHAPTER XVII.

ACKNOWLEDGMENTS.

The proof or acknowledgment of an instrument may be made at any place within this Territory, before a Justice or Clerk of the Supreme Court.

The proof or acknowledgment of an instrument may be made in this Territory within the city, county or district for which the officer was elected or appointed, before either: 1. A Judge or Clerk of a Court of record; or,

2. A County Recorder; or,

3. A Notary Public; or,

4. A Justice of the Peace.

The proof or acknowledgment of an instrument may be made without this Territory, but within the United States, and within the jurisdiction of the officer, before either:

1. A Justice, Judge, or Clerk of any Court of Record of the United States; or,

2. A Justice, Judge, or Clerk of any Court of Record of any State or Territory; or,

3. A Commissioner appointed by the Governor of this Territory for that purpose; or,

4. A Notary Public; or,

5. Any other officer of the State or Territory where the the acknowledgment is made, authorized by its laws to take such proof or acknowledgment.

The proof or acknowledgment of an instrument may be made without the United States, before either:

1. A minister, commissioner, or charge d'affairs of the United States, resident and accredited in the country where the proof or acknowledgment is made; or,

2. A consul or vice-consul of the United States, resident in the country where the proof or acknowledgment is made; or,

3. A Judge of a Court of Record of the county where the proof or acknowledgment is made; or,

4. Commissioners appointed for such purposes by the Governor of the Territory pursuant to statute; or,

5. A Notary Public.

If any of the above named officers are authorized by law to appoint a deputy, the acknowledgment or proof may be taken by such deputy in the name of his principal.

The acknowledgment of an instrument must not be taken, unless the officer taking it knows, or has satisfactory evidence, on the oath or affirmation of a credible witness, that the person making such acknowledgment is the individual who is described in and who executed the instrument; or if executed by a corporation, that the person making such acknowledgment is the president or secretary of such corporation.

The acknowledgment of a married woman to an instrument purporting to be executed by her must not be taken, unless she is made acquainted by the officer with the contents of the instrument on an examination without the hearing of her husband; nor certified, unless she thereupon acknowledges to the officer that she executed the instrument, and that she does not wish to retract such execution.

Officers must 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.

The certificate of proof or acknowledgment, if made before a Justice of the Peace, when used in any county other than that in which he resides, must be accompanied by a certificate under the hand and seal of the Clerk of the county in which the Justice resides, setting forth that such Justice, at the time of taking such proof or acknowledgment, was authorized to take the same, and that the Clerk is acquainted with his handwriting, and believes that the signature to the original certificate is genuine.

The testimony of a witness out of the Territory may be taken by deposition in an action at any time after the service of summons, or the appearance of the defendant; and in a special proceeding, at any time after a question of fact has arisen therein. The testimony of any person in this Territory competent to testify as a witness may be taken in a civil action. any time after the service of summons, or the appearance of the defendant; and in a special proceeding, after a question of fact has arisen therein; but such deposition shall be used only when it shall appear at the time the same is offered for use:

at

1. That the witness resides out of the county in which the action or proceeding is pending, or is absent therefrom; or, 2. That the witness is unable to attend Court on account age, infirmity, imprisonment or death.

of

The deposition of a witness out of this Territory may be taken upon commission issued from the Court, under the seal of the Court, upon an order of the Judge or Court, or Probate Judge, on the application of either party, upon five days previous notice to the other. If issued to any place within the United States, it may be directed to a person agreed upon by the parties, or if they do not agree, to any Judge or Justice of the Peace, or person named as commissioner by the Court or Judge issuing it. If issued to any country out of the United States, it may be directed to a minister, embassador, consul, vice-consul, or consular-agent of the United States in such country, or to any person agreed upon by the parties.

Such proper interrogatories, direct and cross, as the respective parties may prepare to be settled, if the parties disagree as to their form, by the Judge or officer granting the order for the commission, at a day fixed in the order, may be annexed to the commission; or, when the parties agree to that mode, the examination may be without written interrogatories.