of 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

Certificate authenticating copy record of another State, Territory, etc., not pertaining to a court.22

STATE OF

County,2

23

Office of Recorder of Deeds of

County,}
}ss.

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 a public office of said State of

of

taining to a court.

not apper

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 aforesaid, in book

of deeds, page

18 Approved in Slaughter v. Cunningham, 24 Ala. 260.

19 Sustained by Capen v. Emery, 5 Metc. 436.

20 A certificate by the clerk that the certifying judge is such officer, is not necessary under the act of Congress. Gavit v. Snowhill, 2 Dutch. 76.

But such certificate does no harm. Young v. Chandler, 13 B. Mon. 252. And is usually appended. See Form No. 1532.

21 Only such record as may be filed pursuant to law is admissible. See Striker v. Striker, 31 App. Div. 129, 52 N. Y. Supp. 729. To compel amendment of such a record, see People ex rel. Haase r. German Hospital, 8 Abb. N. C. 332.

As to proving certificate of incorpo

county and that the

ration of a foreign corporation, see L. 1877, chap. 311 (Birdseye's Rev. Stat. (ed. 1901), Vol. I, p. 1280); U. S. Vinegar Co. v. Foehrenbach, 74 Hun, 435, 26 N. Y. Supp. 632; aff'd, 148 N. Y. 58.

22 Under U. S. R. S., § 906. Markoe v. Aldrich, 1 Abb. Pr. 55. This mode is not exclusive.

23 Any county without the State where used, and subject to the jurisdiction of the United States.

24 Failure to state that the copy was compared with the original makes the certificate fatally defective if the authentication is sought to be sustained under New York statutes. Nolan v. Nolan, 35 App. Div. 339, 54 N. Y. Supp. 975.

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

Certificate of presiding justice, governor, or secretary of State, etc.,27 to be

of

I, C. S., Secretary of State [or, Governor] of the said State

do hereby certify that the above-named M. N. is,

and has been during the year 19 county, in said State of

the [recorder of deeds] of

and the keeper of the

records and office books kept in the office of the recorder of deeds of said county of

to a court.2 28

a public office not appertaining

[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.

[Seal.]

IN TESTIMONY whereof I hereunto set my hand,
and affix [the great seal of said State29 of
at

this

25 If the certificate is of an original paper, certify that he is the officer in whose custody the paper is required to be by the laws of the State, and affix seal, if any. Code Civ. Pro., § 958.

26 This is not perhaps essential; and where the office is one which in this State has no seal, our courts will presume that no seal existed there. Waterville Mfg. Co. v. Brown, 9 How. Pr. 27.

27 May be by the presiding justice

day of

19

[Signature of], Secretary of State.

]

of the county, parish, or district in which the record office is kept, or the governor or secretary of State, the chancellor or keeper of the great seal of the State, or Territory, or county.

28 If the certificate is by the presiding justice, add here: And that said office is kept within the county [or, parishor, district, designating it] of which I am presiding justice.

29 If the certificate is by the pre

FORM No. 1532.

Certificate by clerk to authority of presiding justice who has certified a non-judicial record.30

STATE OF

County of

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
this
day of

19

[Signature of],

Clerk.

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 U. S. R. S., § 906.

The absence of this certificate renders the previous certificates fatally defective under United States statute. Nolan . Nolan, 35 App. Div. 339, 54 N. Y. Supp. 975.

31 Sufficient without showing what such office is. Trebilcox v. McAlpine, 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

day of

[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.

Certificate authenticating a law of another State.35

Office of Secretary of State,

} s

ss.:

do

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

19

of

] and that such law or statute was, on the said

day

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.30]

IN WITNESS whereof I have hereunto set my hand
and affixed the great seal of said State, at
day of

this

34 Includes private acts. Persse & Brooks Paper Co. v. Willett, 19 Abb. Pr. 416; Succession of Rice, 21 La. Ann. 614.

25 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

19 .

[Signature of], Secretary of State.

the authority of the State or foreign country. See Abb. Tr. Ev.; N. Y. Code Civ. Pro., § 942; Cong. Unit. Soc. v. 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.

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.

[Official title, as: Head Clerk in the Writ, Appearance, and Judgment Department, Central 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.

[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

of Judicature, England.]

[Coleridge, L. C. J.]

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

37 Under N. Y. Code Civ. Pro., § 952. The above form of certification was sustained in Dunstan r. Higgins, 138 N. Y. 70, where the English judgment was held to be conclusive.

The record may also be proven by a sworn copy. Code Civ. Pro., § 953. As to certification of non-judicial record from foreign country, see Code Civ. Pro., § 956.