« ForrigeFortsett »
etc., evi. dence.
dum, personally made or signed by him, at the foot of a protest, or in a regular register of official acts, kept by him, is presumptive evidence that a notice of non-acceptance or non-payment was sent or delivered,
at the time, and in the manner, stated in the note or memorandum. Proof of S 925. Proof of the presentment, for acceptance or payment, of a ment, etc., promissory note or bill of exchange, payable in another State, or in a Silforeign Territory, or foreign country, or of a protest of the note or bill, for non
acceptance or non-payment, or of the service of notice thereof, on a party to the note or bill, may be made, in any manner aụthorized by the laws of the State, Territory, or county, where it was payable.
S 926. The affidavit of the printer or publisher of a newspaper, pubprinter,
lished within the State, or of his foreman or principal clerk, showing the publication of a notice or other advertisement, authorized or required, by a law of the State, to be published in that newspaper, annexed to a printed copy of the notice or other advertisement, may be read in evidence; and is presumptive evidence of the publication, and, also, of the matters stated therein, showing that the deponent is authorized to make the affidavit. But this section does not apply to a case, where the affidavit is required by law to be filed, unless it has been duly filed; or to a case, where the mode of proving a publication
is otherwise specially prescribed by law. Id.; of ser- S 927. Where it is necessary, upon the trial of an action, to prove the vice of no
service of a notice, an affidavit, showing the service to have been made by the person making the affidavit, is presumptive evidence of the service, upon first proving that he is dead or insane, or that his per
sonal attendance cannot be compelled, with due diligence. Marriage 8 928. An original certificate of a marriage, within the State, made evidence by the minister or magistrate by whom it was solemnized; the original
record thereof, made, pursuant to law, in the office of the clerk of a city or a town, within the State; of a copy of the certificate, or of the record, duly certified, is presumptive evidence of the marriage.
S 929. Where a party wishes to prove an act or transaction of a forforeign
eign corporation, the book or books of the corporation may be used for tion when that purpose, as presumptive evidence, whether any or all of the
parties are or are not members of the corporation. When a S 930. If an original book is not produced at the trial, as prescribed copy there.
in the last section, a copy thereof, or of an entry therein, verified as dence.
prescribed in the next section, may be used, with like effect as the original book; provided that the party, intending to use the copy, gives the adverse party at least ten days' notice of his intention, specifying briefly the nature of the evidence proposed to be given. But this and the next section do not apply, where the foreign corporation is a party to the action, and seeks to prove its own act or transaction,
in its own behalf. How copy
S 931. The copy must be verified by the deposition, taken as preto be veri- scribed by law, or the oral testimony, taken at the trial, of the person .
who made it, or of a person who has examined and compared it with the original book, or the entry therein. The witness must testify that the copy produced is correct; that he made it, or compared it with the original; and that he then knew that the original book so copied, or containing the entry, was the book of the corporation; or that it was then acknowledged to him to be such, by an officer or receiver of the corporation, or a person having the custody thereof, naming the person who made the acknowledgment; and he must specify where, and in whose custody, the original was then kept.
of is evi.
PROOF OF A DOCUMENT, EXECUTED OR REMAINING WITHIN THE STATE.
SECTION 932. Statutes, etc.; how proved.
933. Copies of records and papers in certain offices, presumptive evidence.
8 932. A statute or joint resolution, passed by the Legislature of the statutes, State, may be read in evidence from a newspaper, designated as pre- proved. scribed by law, to publish the same, until six months after the close of the session at which it was passed; and at any time, from a volume printed under the direction of the Secretary of State.
§ 933. A copy of a paper filed, kept, entered, or recorded, pursuant copies of to law, in a public office of the State, the officer having charge of which
and papers has, pursuant to law, an official seal; or with the clerk of a court of the in certain
offices, preState ; or with the clerk or secretary of either house of the Legislature, sumptive or of any other public body or public board, created by authority of a
evidence. law of the State, and having, pursuant to law, a seal; or a transcript from a record, kept, pursuant to law, in such a public office, or by such a clerk or secretary, is evidence, as if the original was produced. But to entitle it to be used in evidence, it must be certified by the clerk of the court, under his hand and the seal of the court; or by the officer having the custody of the original; or by his deputy or clerk, appointed pursuant to law; or by the presiding officer, secretary, or clerk of the public body or board, appointed, pursuant to law, under his hand, and, except where it is certified by the clerk or secretary of either house of the Legislature, under the official seal of the body or board.
S 934. A copy of a paper filed, pursuant to law, in the office of a Id.; of patown clerk, or a transcript from a record kept therein, pursuant to law, peris filed certified by the town clerk, is evidence, with like effect as the original. clerk.
$ 935. A conveyance, acknowledged or proved, and certified, in the Convey- . manner prescribed by law, to entitle it to be recorded in the county ance, when where it is offered, is evidence, without further proof thereof. Except edged, or as otherwise specially prescribed by law, the record of a conveyance, transcript
record, or duly recorded, within the State, or a transcript thereof, duly certified, of record, is evidence, with like effect as the original conveyance.
8 936. The certificate of the acknowledgment, or of the proof of a such eri. conveyance, or the record, or the transcript of the record, of such a conveyance, is not conclusive ; and it may be rebutted, and the effect ted. thereof may be contested, by a party affected thereby. If it appears that the proof was taken upon the oath of an interested or incompetent witness, the conveyance, or the record or transcript thereof, shall not be received in evidence, until its execution is established by other competent proof.
8 937. Any instrument, except a promissory note, a bill of exchange, What inor a last will, may be acknowledged, or proved, and certified, in the struments
dence may be rebut
manner prescribed by law for taking and certifying the acknowledgacknowl- ment or proof of a conveyance of real property; and thereupon it is edged. evidence, as if it was a conveyance of real property. Justice's
§ 938. The docket-book of a justice of the peace, within the State, transcript or a transcript thereof, certified by him, is evidence before him, of any before hiản. matter required by law to be entered by him therein. Transcript § 939. A transcript from the docket-book of a justice of the peace, from justi
: within the State, subscribed by him, and authenticated, by a certifice'sdocket,
cate of the clerk of the county in which the justice resides, under his generally. hand and official seal, to the effect, that the person, subscribing the
transcript, was, at the date of the judgment therein mentioned, a justice of the peace of that county; and that the clerk is acquainted with his handwriting, and verily believes that the signature to the transcript is genuine; is evidence of any matter stated in the transcript, which is required by law to * entered by the justice in his docket-book.
S 940. The proceedings in an action brought, or a special proceeding proof of proceed instituted, before a justice of the peace, within the State, may also be ings before justice.
proved by the oath of the justice. In case of his death or absence, they may be proved by the original minutes of the proceedings kept by him, pursuant to law, accompanied with proof of his handwriting; or by a copy of the minutes, sworn to, by a competent witness, as having been compared with the original entries, with proof that those
entries were in the handwriting of the justice. Charter, § 941. An act, ordinance, resolution, by-law, rule, or proceeding of ordinan ces, etc., or the common council of a city, or the board of trustees of an incorporated cities and
village, or of a board of supervisors, within the State, may be read in villages.
evidence, either from a copy thereof, certified by the city clerk, village clerk, or clerk of the common council, or clerk of the board of supervisors; or from a volume, printed by authority of the common council of the city, or the board of trustees of the village, or the board of supervisors.
PROOF OF A DOCUMENT, REMAINING IN A COURT OR PUBLIC OFFICE OF THE UNITED
STATES, OR EXECUTED OR REMAINING WITHOUT THE STATE.
SECTION 942. Printed copies of laws of another State, etc.
943. Copies of records of United States courts.
8 942. A printed copy of a statute, or other written law, of another State, or of a Territory, or of a foreign country, or a printed copy of a
Printed copies of laws of another State, ete.
*So in the original.
proclamation, edict, decree, or ordinance, by the executive power thereof, contained in a book or publication, purporting or proved to have been published by the authority thereof, or proved to be commonly admitted, as evidence of the existing law, in the judicial tribunals thereof, is presumptive evidence of the statute, law, proclamation, edict, decree, or ordinance. The unwritten or common law of another State, or of a Territory, or of a foreign country, may be proved, as a fact, by oral evidence. The books of reports of cases, adjudged in the courts thereof, must also be admitted, as presumptive evidence of the unwritten or common law thereof.
$ 943. A copy of the record, or any other proceeding, of a court of Copies of the United States, is evidence, when certified by the clerk or officer, in United whose custody it is required by law to be.
S 944. A copy of a record or other paper, remaining in a department 10.; of of the government of the United States, is evidence, when certified by documents the head, or acting chief officer, for the time being, of that department. departThe record of the observations of the weather, taken under the direc- ments of tion of the signal service of the United States, when certified by the Stutes. officer in charge thereof, at the place where they were taken and are kept, is presumptive evidence of the matter of fact stated therein.
5 945. The record of a bill of sale, mortgage, hypothecation, or conveyance of a vessel, belonging to a port or place, within the United States, recorded in the office of the collector of customs, where the ves- Record of
, sel is registered or enrolled, which was acknowledged or proved, before etc., of vesit was recorded, in like manner as a deed to be recorded within the sele. State; or a transcript of such a record, duly certified by the collector; is evidence, with the like effect as the original.
$ 946. A conveyance of real property, situated without the State, Convey acknowledged or proved, and certified, in like manner as a deed to be ance of recorded within the county wherein it is offered in evidence, is evidence, out the without further proof thereof, as if it related to real property situated within the State. A conveyance of real property, situated within another State, or a Territory of the United States, which has been duly authenticated, according to the laws of that State or Territory, so as to be read in evidence in the courts thereof, is evidence in like manner.
947. An exemplification of the record of a conveyance of real prop- Exemplifierty situated without the State, and within the United States, which cacion of has been recorded in the State or Territory, where the real property is convey, situated, pursuant to the laws thereof, when certified under the hand ince of and seal of the officer, having the custody of the record, is, if the orig- out the inal cannot be produced, presumptive evidence of the conveyance, and of the due execution thereof.
8 948. A transcript from the docket-book of a justice of the peace, Transcript within an adjoining State, of a judgment rendered by him; a trans- of docket,
etc., of cript of his minutes of the proceedings in the cause, previous to the justice of
adjoining judgment; or of an execution issued thereon; or of the return of an Státe. execution; when subscribed by the justice, and authenticated as prescribed in the next section, is presumptive evidence of his jurisdiction in the cause, and of the matters shown by the transcript.
$ 949. Such a transcript must be authenticated by a certificate of 1d.; how the justice, annexed thereto, to the effect, that it is in all respects cate:i. correct, and that he had jurisdiction of the cause; and also by a certificate of the clerk or prothonotary of the county, in which the justice resided at the time of rendering the judgment, under his hand and the seal of the court of common pleas, or other county court of the county,
Proof may be rebutted.
to the effect that the person, subscribing the certificate attached to the transcript, was, at the date of the judgment, a justice of the peace of
that county; and that the signature thereto is in his own handwriting. Other proof. 8 950. The judgment and other proceedings, and the justice's author
ity to render the judgment, may also be proved, by the production of the docket, or of a copy of the judgment or other proceedings; and the oral testimony of the justice, to the truth and correctness thereof, and to his authority to render the judgment.
S 951. The last three sections do not prevent the introduction of evidence, to controvert any of the proof, in relation to the validity of a
judgment therein specified. Copies of 8 952. A copy of a record, or other judicial proceeding, of a court of a courts of foreign country, is evidence, when authenticated as follows: foreign
1. By the attestation of the clerk of the court, with the seal of the countries;
court affixed, or of the officer in whose custody the record is legally kept, under the seal of his office.
2. By a certificate of the chief-judge or presiding magistrate of the court to the effect, that the person, so attesting the record, is the clerk of the court; or that he is the officer, in whose custody the record is required by law to be kept; and that his signature to the attestation is genuine.
3. By the certificate, under the great or principal seal of the government, under whose authority the court is held, of the Secretary of State, or other officer having the custody of that seal, to the effect, that the court is duly constituted, specifying generally the nature of its jurisdiction; and that the signature of the chief-judge or presiding magistrate, to the certificate specified in the last subdivision, is genuine.
8 953. A copy of a record, or other judicial proceeding, of a court proof.
of a foreign country, attested by the seal of the court, in which it remains, must also be admitted in evidence, upon due proof of the following facts:
1. That the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of the original.
2. That the original was, when the copy was made, in the custody of the clerk of the court, or other officer legally having charge of it.
3. That the attestation is genuine. This article
8 954. Nothing in this article is to be construed, as declaring the declare effect of a record or other judicial proceeding of a foreign country, record, etc.
authenticated so as to be evidence.
S 956. A copy of a patent, record, or other document, remaining of eign coun. record, in a public office of a foreign country certified, according to the tries: how form in use in that country, is evidence when authenticated as folcated. lows:
1. By the certificate under the hand and official seal of a commissioner, appointed by the Governor, to take the proof or acknowledgment of deeds in that country, to the effect, that the patent record or document is of record in the public office, and that the copy thereof is correct, and certified in due form.
2. By a certificate under the hand and official seal of the Secretary of State annexed to that of the commissioner, to the same effect as prescribed by law for the anthentication of the certificate of such a commissioner upon a conveyance to be recorded within the State. The certificate of the commissioner, thus anthenticated, is presumptive evidence that the copy of the patent, record or document, is certified according to the form in tise in the foreigu country.
Documents from for