« PreviousContinue »
justices, all of whom have and exercise co-equal and co-ordinate powers and jurisdiction.18]
[If the clerk has certified the records of a court which has been abolished, and its records transferred, may say:] I further certify that the Court of Common Pleas, named in said copy, has been abolished by law, and the said District Court established in its stead, to which the records, proceedings and jurisdiction of said Court of Common Pleas are transferred.19
Given under my hand and seal, this day of [Scal.]
, 19 .
[Signature and title of judge.]20
IV. STATE OR TERRITORIAL NON-JUDICIAL RECORDS.21
FORM No. 1530. Certificate authenticating copy record of another State, Territory, etc., not
pertaining to a court.22 STATE OF
County,23 Office of Recorder of Deeds of
County, Sos.. I, M. N., recorder of deeds of the said county of , do hereby certify that I am the keeper of the records and office books kept in the office of the recorder of deeds of said county of
, a public office of said State of , not appertaining to a court.
I do further certify that I have compared24 the foregoing with the original record of a deed [or, mortgage] now remaining of record in the office of said recorder of deeds of
county aforesaid, in book
of deeds, page , and that the
18 Approved in Slaughter v. Cun- ration of a foreign corporation, see ningham, 24 Ala. 260.
L. 1877, chap. 311 (Birdseye's Rev. 19 Sustained by Capen v. Emery, 5 Stat. (ed. 1901), Vol. I, p. 1280); Metc. 436.
U. S. Vinegar Co. v. Foehrenbach, 74 20 A certificate by the clerk that the Hun, 435, 26 N. Y. Supp. 632; aff'd, certifying judge is such officer, is not 148 N. Y. 58. necessary under the act of Congress. 22 Under U.S. R. S., $ 906. Markoe Garit v. Snowhill, 2 Dutch. 76. 0. Aldrich, 1 Abb. Pr. 55. This mode
But such certificate does no harm. is not exclusive. Young v. Chandler, 13 B. Mon. 252. 23 Any county without the State And is usually appended. See Form where used, and subject to the jurisNo. 1532.
diction of the United States. 21 Only such record as may be filed 24 Failure to state that the copy pursuant to law is admissible. See was compared with the original makes Striker v. Striker, 31 App. Div. 129, the certificate fatally defective if the :52 N. Y. Supp. 729. To compel amend authentication is sought to be susment of such a record, see People es tained under New York statutes. rel. Haase r. German Hospital, 8 Abb. Nolan v. Nolan, 35 App. Div. 339, 54 N. C. 332.
N. Y. Supp. 975. As to proving certificate of incorpo
foregoing is a correct transcript therefrom, and of the whole of such original.25
[If the officer has no seal of office, add:] I do further certify that I, as such recorder of deeds, have no seal of office and that there is no seal of said office 26
IN TESTIMONY whereof I have hereunto subscribed
my name [if he has seal, add: and affix the seal of my office], at
, in said county, this day of , 19 .
[Signature of], Recorder of Deeds of County.
FORM No. 1531. Certificate of presiding justice, governor, or secretary of State, etc.,27 to be
annexed to the above. STATE OF Office of [Secretary of State], .
I, C. S., Secretary of State [or, Governor] of the said State of
, do hereby certify that the above-named M. N. is, and has been during the year 19, the [recorder of deeds] of
county, in said State of , and the keeper of the records and office books kept in the office of the recorder of deeds of said county of , a public office not appertaining to a court.28
[I do further certify that there is no seal of said office of recorder of deeds, and that said recorder of deeds has no seal of office or official seal.]
I do further certify that the foregoing attestation by said M. N. is in due form, and by the proper officer.
IN TESTIMONY whereof I hereunto set my hand, [Seal.] and affix [the great seal of said State 9 of ]
, this day of , 19.
Secretary of State. 23 If the certificate is of an original of the county, parish, or district in paper, certify that he is the officer in which the record office is kent, or the whose custody the paper is required to governor or secretary of State, the be by the laws of the State, and affix chancellor or keeper of the great seal, if any. Code Civ. Pro., $ 958. seal of the State, or Territory, or
26 This is not perhaps essential; county. and where the office is one which in 28 If the certificate is by the prethis State has no seal, our courts will siding justice, add here: And that presune that no seal existed there. said office is kept within the county Waterville Mfg. Co. v. Brown, 9 How. sor, parish — or, district, designaling Pr. 27.
it] of which I am presiding justice. 27 May be by the presiding justice 29 If the certificate is by the pre
recorder oficial sertify that the prope
FORM No. 1532. Certificate by clerk to authority of presiding justice who has certified a
non-judicial record.30 STATE OF Elce County of , so I, C. K., clerk [or, prothonotary]31 of the court of
, of which M. N., above named, is presiding justice, hereby certify that said court is a court of record; that C. S., whose name is subscribed to the foregoing certificate, was at the time of making the same the presiding justice of said court, duly elected [or, commissioned], and qualified as such; and that [I am well acquainted with the handwriting of such judge, and verily believe] his signature to the same is genuine. [Seal.]
IN TESTIMONY whereof I have hereunto set my
hand and affixed the seal of said court, at
, 19 .
Exemplification32 of record of conveyance.33 STATE OF
} ss.: County of ,
I hereby certify that amongst the records in my office and custody as recorder of deeds in and for the county above named, appears the following:
[Here take in a complete duplicate of the record with its title, authentication, incidental memoranda, etc., etc.]
And I, M. N., recorder of deeds in and for said county, do hereby further certify that I have compared the foregoing with the original record, and that the same is a true and correct copy of the said [deed of assignment of J. E. H. and wife to T. D. E.], and of the whole thereof, and a full exemplification of the
siding justice or magistrate without seal of office, no seal will be attached.
30 C. S. R. S., & 906.
The absence of this certificate renders the previous certificates fatally deiective under United States statute. Volan r. Nolan, 35 App. Div. 339, 54 V. Y. Supp. 975.
31 Sufficient without showing what such office is. Trebilcox v. McAl. pine, 46 Hun, 469.
32 For the distinction between exemplification and certified copy, see Vol. I, p. 47.
A certified copy of an entire record is often called an exemplification, the distinction now being formal where the copy is entire.
33 This form is available under N. Y, Code Civ. Pro., $ 947, on showing that the original cannot be produced.
record of the same as the same remains of record in my said office. [Seal.]
IN TESTIMONY wherof I have hereunto set my hand and affixed the seal of my said office, at , this day of
, 19 .
[Signature and title.] [If under U. S. R. S., $ 406, must append certificate of judge
or other official ; see Form 1531.]
V. STATUTES 34 OF SISTER STATE, TERRITORY, ETC.
FORM No. 1534.
STATE OF , I, C. D., Secretary of State of the said State of hereby certify that I have compared the foregoing with the original law or statute of said State, now remaining on file and of record in my office; and that the same is a correct transcript therefrom, and of the whole of such original. I do further certify that such law or statute was duly enacted on the day of , 19 , and took effect on the day of , 19 ; [if effect was conditioned on promulgation, add: and was, in pursuance of section thereof, duly published in The , and The
, prior to the day of 19 ] and that such law or statute was, on the said day of
, and has ever since been, and now is, in full force and effect in said State of , as one of the laws or statutes of said State. [Seal.36]
IN WITNESS whereof I have hereunto set my hand
and affixed the great seal of said State, at , this day of , 19 .
[Signature of], Secretary of State.
34 Includes private acts. Persse & Brooks Paper Co. v. Willett, 19 Abb. Pr. 416; Succession of Rice, 21 La. Ann. 611.
Under U.S. R. S., $ 905. This mode is not exclusive; the more usual mode is the production of the printed volume, purporting to be published by
the authority of the State or foreign country. See Abb. Tr. Ev.; N. Y. Code Civ. Pro., § 942; Cong. Unit. Soc. 1. Hale, 29 App. Div. 396, 51 N. Y. Supp. 704.
36 It must be the great seal; the seal of the Secretary of State is insufficient. Sisk v. Woodruff, 15 Ill. 15. 37 Under N. Y. Code Civ. Pro., § 952. The above form of certification was sustained in Dunstan v. Higgins, 138 NY. 70, where the English judgment was held to be conclusive.
VI.— JUDICIAL RECORD OF FOREIGN COUNTRY.
FORM No. 1535. Authentication of judgment-roll of court of foreign country.37 I certify that the foregoing are true copies of the records filed in the (Central Office of the Supreme Court of Judicature in England], and legally kept in the custody of the masters of the said court, and the whole of such records. [Dated.]
[Signature.] [Official title, as: Head Clerk in the Writ,
Appearance, and Judgment Department, Cen
tral Office.] This is to certify that the above [name] is the officer in charge of the documents filed in the [Central Office of the Supreme Court of Judicature in England], on which file are the documents of which the above are certified to be true copies, and that he is the proper officer to testify to the correctness of such copies. [Date.]
[Signature.] [Official title, as: One of the Masters of the
Supreme Court of Judicature, having the superintendence and control of the Central
Office of the Court. ] I, (the Right Honorable John, Duke, Baron Coleridge, Lord Chief Justice of England,] hereby certify that the above [name] is a master of the High Court, and one of the legal custodians of the records of such court, and that the above signature [name] is in the proper handwriting of the said master. [Seal of the Supreme Court
[Coleridge, L. C. J.] of Judicature, England.]
I, [the Right Honorable Stanley, Baron Halsbury, Lord High Chancellor of Great Britain, Keeper of the Great Seal thereof,] do hereby certify that the within signature [“ Coleridge, L. C. J.”] is of the proper handwriting of the [Right Honorable John, Duke, Baron Coleridge, Lord Chief Justice of England, the
The record may also be proven by a sworn copy. Code Civ. Pro., $ 953.
As to certification of non-judicial record irom ioreign country, see Code Civ. Pro., § 956.