« ForrigeFortsett »
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, docket and 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. À transcript from the docket-book of a justice of the peace, from justi: within the State, subscribed by him, and authenticated, by a certifi
, evidence 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. Other
8 940. 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 minntes 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, 8 941. An act, ordinance, resolution, by-law, rule, or proceeding of ordinan ces, etc., of the common council of a city, or the board of trustees of an incorporated cities and villages.
village, or of a board of supervisors, within the State, may be read in 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.
S 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
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.
S943. 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.
States S 944. A copy of a record or other paper, remaining in a department id.; 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 States. officer in charge thereof, at the place where they were taken and are kept, is presumptive evidence of the matter of fact stated therein.
§ 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 selo. 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 voit 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.
8 947. An exemplification of the record of a conveyance of real prop- Exemplifierty situated without the State, and within the United States, which cacord 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.
§ 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, cript of his minutes of the proceedings in the cause, previous to the justice of judgment; or of an execution issued thereon; or of the return of an State. 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 Id.; how
. the justice, annexed thereto, to the effect, that it is in all respects catei! 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
SECTION 957. Form of certificate to copies, etc.
958. Certificate must be sealed.
962. Saving clause. 8 957. Where a transcript, exemplification, or certified copy of a form of record or other paper, is declared by law to be evidence, and special certipiate provision is not made for the form of the certificate, in the particular etc. case, the person, authorized to certify, must state, in his certificate, that it has been compared by him with the original, and that it is a correct transcript therefrom, and of the whole of the original.
8 958. If the officer, or the court, body, or board, in whose custody Certificate an original paper, specified in the last section, is required to be, by the meascabe laws of the State, or of another State, or of the United States, or of a Territory thereof, or of a foreign country, has, pursuant to those laws, an official seal, the certificate must be attested by that seal. If the certificate is made by the clerk of a county, within the State, it must be attested by the seal of the county.
§ 959. The last section does not require the seal of a court to be qualifica. affixed to a certified copy of an order, or of a paper filed therein, or section. entry made, where the copy is used in the same court, or before an officer thereof; or, in the supreme court, where it is used in a circuit court, or a court of oyer and terminer.
§ 960. Where a seal of a public officer, or of a corporation, is authorized or required by law, it may be impressed directly on the paper.
8 961. À surrogate, county clerk, register, clerk of a court, or other Surroperson, having the custody of the records or other papers in a public interes office, within the State, must, upon request, and upon payment of, or etc., to offer to pay, the fees allowed by law, or, if no fees are expressly allowed üles, and by law, fees at the rate allowed to a county clerk for a similar service, to certify, diligently search the files, papers, records, and dockets in his office; and either make one or more transcripts therefrom, and certify to the correctness thereof, and to the search, or certify that a document or paper, of which the custody legally belongs to him, cannot be found. Îf he refuses, or unreasonably neglects or delays, to make such a search, or to furnish such a transcript or certificate, or makes a false certificate, he is guilty of a misdemeanor.
8 982. Nothing in title fourth of this chapter prevents the proof of Saving a fact, act, record, proceeding, document, or other paper or writing,
clause. according to the rules of the common law, or by any other competent proof.
TRIALS; INCLUDING JURORS AND JURIES.
TITLE 1. — TRIALS GENERALLY; INCLUDING EXCEPTIONS AND MOTION
FOR A NEW TRIAL.
TIES; MODE OF SELECTING THEM, AND OF PROCURING
OF SELECTING THEM, AND OF PROCURING THEIR ATTEND
TO EMBRACERY AND OTHER ACTS OF MISCONDUCT.
Trials generally; including exceptions and motion for a new trial.
ISSUES, AND THE MODE OF TRIAL THEREOF.
SECTION 963. Issues defined , different kinds of issues.
964. When issues of law arise; when issues of fact arise.