[If a stay is granted:] It is further ORDERED, that all proceedings on the part of the [plaintiff] above named under and by virtue of said subpoena, and the examination thereunder, be and the same are hereby stayed until the hearing and determination. of this motion.

FORM No. 1522.

Order denying motion to vacate and directing witness to attend and testify. [After proper recitals:]

ORDERED, that said motion to vacate said subpoena be and the same is hereby denied, with ten dollars costs. It is further

ORDERED, that the stay granted by said order to show cause be and the same is hereby vacated, and the said M. N. is hereby directed to appear before O. P., the commissioner named in said subpoena, pursuant to the direction thereof, on the

day of 19, at o'clock, and to produce the books, papers and records referred to in said subpoena duces tecum heretofore served upon him in this matter; and it is further.

ORDERED, that the original books called for by said subpoena need not be deposited with the said commissioner unless required by the court.

FORM No. 1523.

Order to show cause upon application to compel witness to answer questions propounded under foreign commission.

Supreme Court; County of

In the matter of the application to compel M. N. to answer certain questions.

[Upon affidavit showing the refusal to answer citals as in Form 818, p. 1173, of this volume:]

and after re

Let M. N., the witness named in said affidavit and subpoena show cause at a Special Term of this court [Part I thereof] to be held [etc., as in Form 818, p. 1173] why he should not be directed to answer each and all of the questions propounded to him. and which appear upon schedule A annexed to said affidavit, and why such other order or direction in the premises should not be made as may be just, with costs of this application.

FORM No. 1524.

Order directing witness to answer questions propounded. [After proper recitals:]

ORDERED, that said M. N. be and he is hereby directed to appear before the commissioner herein and answer the questions propounded to him, so far as he shall be directed to do so by said commissioner.

FORM No. 1525.

Order to show cause why witness should not be punished for refusal to answer questions under foreign commission.5

day of

[After recitals, etc., as in Form 818, p. 1173, of this volume:] why said M. N. should not be punished as for a contempt of court for his misconduct in failing and refusing to obey the order of this court made herein and dated the 19 , ordering and directing said M. N. to answer certain questions, which questions are set forth in the report of the proceedings before O. P., the commissioner, hereto annexed, as alleged in said affidavits and as appears by the report of such proceedings [etc.]

5 Order adjudging witness in contempt as in forms under CONTEMPT.

108

I [name], clerk of the

court of

hereby certify that I have compared the foregoing with the original [designation of paper], entered in [or, issued from] my office in the case of A. B. v. Y. Z., the day of 19, and remaining in my custody as required by law, and that the same is a correct transcript therefrom and of the whole of the original.

[Seal.]

IN WITNESS whereof I hereto subscribe my name and affix the seal of said

court, at

[Signature and title of clerk.]

If the statute admitting authentication made according to the law of another State does not require evidence of official character to accompany the official act which it authorizes, none is necessary. Carpenter . Dexter, 8 Wall. 513.

II. UNITED STATES DEPARTMENTAL RECORD.

FORM No. 1527.

Certificate authenticating copy of a paper in a United States department.9 I, A. R. S. [Librarian of Congress], hereby certify that the foregoing is a true copy of the original record of [copyright in the Library of Congress], and of the whole thereof.

IN WITNESS whereof I have hereto set my hand and
affixed the seal of my office, at
this

III. STATE OR TERRITORIAL JUDICIAL RECORD.10

FORM No. 1528.

Certificate authenticating judgment-roll or other record of a court of another

State.11

court in and for the county of aforesaid, do hereby certify12 that the foregoing is a true and perfect copy of the whole judgment-roll13 [or, of the record and proceedings] in the case of

[if other papers than the judgment-roll are desired, may add or substitute description, as thus: and also that the execution thereto annexed, with the indorsement thereon, is a true and

perfect copy of the original execution and indorsement and of the whole thereof], as the said judgment-roll [and execution] appears on record and on file in my office, in the city of

Witness my hand and the seal of said court at

cial District of said State],

I, P. J., presiding judge [or, sole judge] of the

in and for the

court,

county of said State [or, of the first judi

and which said district in

court of

Icial district of said State of cludes the county of ], do hereby certify that" [C. K., whose genuine signature is annexed to the above certificate, was, at the date thereof, the clerk of the county aforesaid; that the official acts and doings of said clerk are entitled to full faith and credit; and that] the above attestation is in due form of law and made by the proper officer. [If there are several judges of co-ordinate powers, may say: And I do further certify that there is no presiding judge, chief justice, or presiding magistrate of said court; that the same is composed

If as a part of the record, the court's opinion is included, it must be received in evidence. Burnham v. Pollack, 58 App. Div. 273, 68 N. Y. Supp. 1007.

14 It has been held that the seal may be affixed by merely making the impression of the seal on the paper. Hunt v. Hunt (N. J. V. Chan., 1887), 36 Alb. L. J. 44. So held, on general principles of modern procedure. Wells v. Davis, 105 N. Y. 670, so holding by virtue of the New York statute (Code Civ. Pro., § 29), which allows this for court seals.

15 A prothonotary will be presumed to be the only clerk, without proof. Trebilcox v. McAlpine, 46 Hun, 469; Murphy . Marscheider, 4 N. Y. Supp. 799, 22 St. Rep. 538.

16 Essential under the act of Con

gress. Wells, Fargo & Co. t. Davis, 105 N. Y. 670.

See authorities collected in Abb. Tr. Ev.

17 The judge is not required to state that the person who certifies the record is the clerk of the court, or that the seal attached by him is the seal of the court. Ducommun v. Hysinger, 14 Ill. 250.

S. P., McQueen v. Farrow, 4 Mo. 212; Linch v. McLemore, 15 Ala. 632; Haynes v. Cowen, 15 Kan. 637; Horner v. Spelman, 78 Ill. 206.

Hence the clause here inserted in brackets is not necessary under the act of Congress, but may aid the attestation if the party needs to rely on the law of the forum, as some other defect may perhaps require him to do.