the time of the last sickness and at the dwelling-house of the deceased, or where he had been residing for ten days or more, except such person was taken sick from home and died before his return. A mariner at sea, or soldier in the military service, may dispose of his wages or personal property by nuncupative will.

CHAPTER XVII.

See Exemptions.

HOMESTEADS.

CHAPTER XVIII.

DEPOSITIONS.

Of witnesses may be taken to be read in evidence in an action, suit or proceeding commenced and pending in any Court in this State when the witness resides out of the county, and more than twenty miles from the place of trial; or when the witness is about to leave the county and go more than twenty miles from the place of trial, and there is a probability that he will continue absent when the testimony is required; or when he is sick, infirm, or aged, so as to make it probable he will not be able to attend the trial; when the witness resides out of the State. Depositions of witnesses in this State may be taken before any Judge of the Superior Court, Justice of the Peace, Clerk of the Supreme or Superior Courts, Mayor of a city or Notary Public, upon serving on the adverse party, or his attorney, previous notice of the time and place of examination. The notice shall be served so as to allow the adverse party sufficient time by the usual route of travel to attend, and three days for preparation, exclusive of the day of service. The deposition shall be written by the officer taking the same, or by the witness, or by some disinterested person in the presence and under the direction of such officer. When completed it shall be carefully read to or by the witness, corrected if desired,

subscribed by him, and certified by the officer substantially as follows:

I, A. B., Justice of the Peace in and for said county (or Judge, Clerk, etc., as the case may be), do hereby certify that the above deposition was taken before me and reduced to writing by myself (or witness, as the case may be) at in said county, on the day of 18, at o'clock, in pursuance of notice hereto annexed; that the above named witness, before examination, was sworn (or affirmed) to testify the truth, the whole truth, and nothing but the truth, and that the said deposition was carefully read to (or by) said witness, and then subscribed by him.

A. B., JUSTICE OF THE PEACE. 18-.

Dated at

the day of

The deposition shall be enclosed in a sealed envelope by the officer taking the same, and directed to the Clerk of the Court, arbitrators, referee, or Justice of the Peace before whom the action is pending, or to such person as the parties in writing may agree upon, and either delivered to the Clerk of the Court, or other person, or transmitted through the mails, or by some private person.

Depositions may be taken out of the State by a Judge, Justice or Chancellor, or Clerk of any Court of record, a Justice of the Peace, Notary Public, Mayor or Chief Magistrate of any city or town, or any person authorized by special commission from any Court of the State; any Court of record in this State, or the Judge thereof, is authorized to grant a commission to take depositions in or out of the State. Prior to the taking of the deposition, written or printed notice (as mentioned above) specifying the action or proceeding, the name of the Court or tribunal in which it is to be used, and the time and place of taking the same, must be served upon the adverse party, his agent or attorney of record. If the party against whom the deposition is to be read, is absent from or a non-resident of the

State, and has no agent or attorney of record therein, he may be notified of the taking of the deposition by publication for three consecutive weeks in some newspaper printed in the county where the action is pending; and if none be printed there, in some newspaper printed in the State, of general circulation in that county. The publication must contain all that is required in the written or printed notice.

The deposition should be written and certified as above.

CHAPTER XIX.

JUDICIAL RECORDS OF OTHER STATES-
HOW PROVED.

The records and proceedings of any Court of the United States, or any State or Territory, shall be admissible in evidence in all cases in this State, when duly authenticated by the attestation of the Clerk, Prothonotary, or other officer having charge of the records of such Court, with the seal of such Court annexed.

CHAPTER XX.

CONVEYANCES AND ACKNOWLEDGMENTS.

All conveyances of real estate, or of any interest therein, and all contracts creating or evidencing any incumbrance on real estate, shall be by deed. Deeds, mortgages, and other instruments in writing must be acknowledged before one of the following officers, if made in this State: a Judge of the Supreme Court, a Judge of the Superior Court, a Judge of the Probate Court, a Justice of the Peace, a County Auditor, Deputy Auditor, a Clerk or Deputy Clerk of the Superior or Supreme Court, or a Notary Public, duly qualified. Deeds or conveyances of lands situated in this State, may be executed

or acknowledged in any other State or Territory of the United States, in the form prescribed for executing and acknowledging deeds in this State, and the execution thereof may be acknowledged before any person authorized to take acknowledgments of deeds by the laws of the State or Territory wherein the acknowledgment is taken, or before any Commissioner appointed by the Governor of Washington for such purpose. Unless such acknowledgment be taken before such Commissioner, or by the Clerk of a Court of record of said State or Territory, or by a Notary Public or other officer having a seal of office, then such deed shall have attached thereto a certificate of the Clerk of a Court of record, under the seal of said Court of said county or district, or a certificate of any other proper certifying officer of said district or county, within which the acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be; that he is authorized by law to take acknowledgments of deeds; and that he verily believes the signature of the person subscribed thereto to be genuine. Acknowledgments of all deeds, mortgages, and other instruments in writing may be made and taken in any foreign country, beyond the limits of the United States, before any Minister Plenipotentiary, Secretary of Legation, Charge d'Affaires, Consul, Consul-General, Vice-Consul, or Commercial Agent appointed by the Government of the United State, or the proper officer of any Court of said country, or the Mayor or other chief Magistrate of any city, town, or other municipal corporation therein.

A deed shall be in writing, signed by the party bound thereby, and acknowledged by the party making it, before some person authorized by the laws of this State to take the acknowledgment of deeds. The use of private seals to the signature of the grantor or grantors is abolished. (Laws 1887-8.)

A married woman shall not be bound by any deed affecting her own real estate, or releasing dower, unless she shall be joined in the conveyance by her husband, and shall acknowl

edge that she did voluntarily of her own free will execute the deed. (2313.)

All deeds and mortgages shall be recorded in the office of the County Auditor where the land is situated, and when so filed and recorded shall be notice to the world. (2314.)

A certificate of acknowledgment substantially in the following form shall be sufficient:

I (here give name of officer and official title) do hereby certify, that on this- day of

189—, personally appeared before me (name of grantor, and if acknowledged by wife, her name, and add "his wife"), to me known to be the individual (or individuals) described in, and who executed the within instrument, and acknowledged that he (she or they) signed and sealed the same as (his, her or their) free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal, this A. D. 189-.

of

[SEAL.]

(Signature of officer.) Place of residence and date of expiration of commission.

day

In case the owner of a homestead voluntarily mortgages the same, said mortgage shall not be valid against his wife, who may be occupying said homestead with him, unless she shall freely and voluntarily, separate and apart from her husband, sign and acknowledge it, and the officer taking the acknowledgement shall fully apprise her of her rights, and of the effect of signing such mortgage.

CHAPTER XXI.

LIMITED PARTNERSHIPS-CODE OF 1881.

Limited partnerships for the transaction of mercantile, mechanical, or manufacturing business, may be formed within this State by two or more persons, who are known and called