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 nonresidents 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 (1) hour, after his appearance.
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