§ 1198. — 1198. (Enacted 1872.)

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, in the following cases:
1.
When the parties and all the subscribing witnesses are dead; or,
2.
When the parties and all the subscribing witnesses are non-residents of the State; or,
3.
When the place of their residence is unknown to the party desiring the proof, and cannot be ascertained by the exercise of due diligence; or,
4.
When the 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.
In case of the continued failure or refusal of the witness to testify, for the space of one hour, after his appearance.

Legislative History

Enacted 1872.