§ 1734. That only is deemed to have been adjudged in a former judgment, which appears upon its face to have been so adjudged, or which was actually and necessarily included therein, or necessary thereto.

§ 1735. Whenever, pursuant to the last four sections, a party is bound by a record, and such party stands in the relation of a surety for another, the latter is also bound, from the time that he has notice of the action or proceeding, and an opportunity, at the surety's request, to join in the defence.

§ 1736. The effect of a judicial record of a sister state, is the same in this state as in the state where it was made, except that it can only be enforced here by an action or special proceeding, and except also, that the authority of a guardian or committee, or of an executor or administrator, does not extend beyond the jurisdiction of the government, under which he was invested with his authority.

§ 1737. The effect of the judicial record of a court of admiralty of a foreign country, is the same as if it were the record of a court of admiralty of the United States.

§ 1738. The effect of the judgment of any other tribunal of a foreign country, having jurisdiction to pronounce the judgment, is as follows:

1. In case of a judgment against a specific thing, the judgment is conclusive, upon the title to the thing:

2. In case of a judgment against a person, the judgment is presumptive evidence of a right, as between

the parties, and their successors in interest by a subsequent title, and can only be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud or clear mistake of law or fact.

§ 1739. Any judicial record may be impeached, by evidence of a want of jurisdiction in the court or judicial officer, of collusion between the parties, or of fraud in the party offering the record, in respect to the proceedings.

§ 1740. The jurisdiction sufficient to sustain a record, is jurisdiction over the cause, over the parties, and over the thing when a specific thing is the subject of the judgment.

§ 1741. Other official documents may be proved as follows:

1. Acts of the executive of this state, by the records of the state department of the state, and of the United States, by the records of the state department of the United States, certified by the heads of those departments respectively; they may also be proved by public documents, printed by order of the legislature or congress, or either house thereof:

2. The proceedings of the legislature of this state, or of congress, by the journals of those bodies respectively, or either house thereof, or by published statutes or resolutions, or by copies certified by the clerk, or printed by their order:

3. The acts of the executive, or the proceedings of • the legislature, of a sister state, in the same manner:

4. The acts of the executive, or the proceedings of the legislature, of a foreign country, by journals published by their authority, or commonly received in that county as such, or by a copy certified, under the seal of the country or sovereign, or by a recognition thereof, in some public act of the executive of the United States:

5. Acts of a municipal corporation of this state, or of a board or department thereof, by a copy certified by the legal keeper thereof, or by a printed book published by the authority of such corporation:

6. Documents of any other class in this state, by the original, or by a copy certified by the legal keeper thereof;

7. Documents of any other class in a sister state, by the original, or by a copy certified by the legal keeper thereof, together with the certificate of the secretary of state, judge of the supreine, superior, or county court, or mayor of a city, of such state, that the copy is duly certified by the officer having the legal custody of the original;

8. Documents of any other class in a foreign country, by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of the country or sovereign, that the document is a valid and subsisting document of such country, and that the copy [CIVIL CODE.]

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is duly certified by the officer having the legal custody of the original.

§ 1742. A public record of a private writing may be proved by the original record, or, by a copy thereof certified by the legal keeper of the record.

§ 1743. Entries in public, or other official, books or records, made in the performance of his duty, by a public officer of this state, or by another person in the performance of a duty specially enjoined by law, are primary evidence of the facts stated therein.

§ 1744. A transcript from the record, or docket, of a justice of the peace of a sister state, of a judgment rendered by him, of the proceedings in the action before the judgment, of the execution and return, if any, subscribed by the justice and verified in the manner prescribed in the next section, is admissible evidence of the facts stated therein.

§ 1745. There must be attached to the transcript, a certificate of the justice, that the transcript is in all respects correct, and that he had jurisdiction of the action, and also a further certificate of the clerk or prothonotary of the county in which the justice resided at the time of rendering the judgment, under the seal of the county, or the seal of the court of common pleas or county court thereof, certifying that the person subscribing the transcript was, at the date of the judgment, a justice of the peace in the county, and that the signa

ture is genuine. Such judgment, proceedings and jurisdiction may also be proved by the justice himself, on the production of his docket, or by a copy of the judgment and his oral examination as a witness.

§ 1746. Whenever a copy of a writing is certified for the purpose of evidence, the certificate must state that the copy has been compared by the certifying officer with the original, and is a correct transcript therefrom, and of the whole of such original, or of a specified part thereof. The official seal, if there be any, of the certifying officer, must also be affixed to the certificate, except when the certificate of a clerk of a court is used in the same court or before an officer thereof.

§ 1747. The provisions of the preceding sections of this article, applicable to the public writings of a sister state, are equally applicable to the public writings of a territory of the United States.

ARTICLE III.

PRIVATE WRITINGS.

SECTION 1748. Private writings classified.

1749. Seal defined.

1750. Manner of making it.

1751. Effect of a seal.

1752. Execution of an instrument defined.

1753. Compromise of a debt without seal good.

1754. Last three sections not to repeal certain statutes.

1755. Subscribing witness defined.

1756. Books, maps, &c., how far evidence.

1757. Original writing to be produced or accounted for.

1758. When in possession of adverse party, notice to be given.

1748. Private writings are either,

1. Sealed; or,

2. Unsealed.