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. (1) When the parties and all the subscribing witnesses are dead;
2. (2) When the parties and all the subscribing witnesses are nonresidents of the state;
3. (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;
4. (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. (5) In case of the continued failure or refusal of the witness to testify for the space of one hour after his appearance.

Source: CivC 1877, § 663; CL 1887, § 3285; RCivC 1903, § 978; RC 1919, § 584; SDC 1939, § 51.1612.