ART. 1. TITLE IV. [Documentary evidence ARTICLE 1. Documentary evidence, as a substitute for oral testimony. ARTICLE FIRST. DOCUMENTARY EVIDENCE, AS A SUBSTITUTE FOR ORAL TESTIMONY SECTION 921. Certain official certificates, evidence. 922. Certificate, etc., on file, evidence. 923. Notary's certificate, evidence. 924. Notary's protest and memorandum; when evidence. 926. Affidavit of printer, etc., evidence. 927. Id.; of service of notice. 928. Marriage certificate, evidence. 929. Book of foreign corporation; when evidence. ficial certi § 921. Where the officer, to whom the legal custody of a paper Certain of belongs, certifies, under his hand and official seal, that he has made ficates, evidiligent examination, in his office, for the paper, and that it cannot be dence. found, the certificate is presumptive evidence of the facts so certified, as if the officer personally testified to the same. etc., on file, § 922. Where a public officer is required or authorized, by special Certificate, provision of law, to make a certificate or an affidavit, touching an act evidence. performed by him, or to a fact ascertained by him, in the course of his official duty; and to file or deposit it in a public office of the State; the certificate or affidavit, so filed or deposited, or an exemplified copy thereof, is presumptive evidence of the facts therein alleged, except where the effect thereof is declared or regulated, by special provision of law. certificate, $923. The certificate of a notary public of the State, under his hand Notary's and seal of office, of the presentment by him, for acceptance or pay- evidence. ment, or of the protest, for non-acceptance or non-payment, of a promissory note or bill of exchange, or of the service of notice thereof on a party to the note or bill; specifying the mode of giving the notice, the reputed place of residence of the party to whom it was given, and the post-office nearest thereto; is presumptive evidence of the facts certified, unless the party, against whom it is offered, has served upon the adverse party, with his pleading, or within ten days after joinder of an issue of fact, an original affidavit, to the effect, that he has not received notice of non-acceptance, or of non-payment of the note or bill. A verified answer is not sufficient as an affidavit, within the meaning of this section. protest and evidence. $924. In case of the death or insanity of a notary public of the Notary's State, or of his absence or removal, so that his personal attendance, or memoranhis testimony, cannot be procured, in any mode prescribed by law, his dum; when original protest, under his hand and official seal, the genuineness thereof being first duly proved, is presumptive evidence of a demand of acceptance, or of payment, therein stated; and a note or memoran TITLE 4. Proof of present bills. dum, personally made or signed by him, at the foot of a protest, or in a regular register of official acts, kept by him, is presumptive evidence that a notice of non-acceptance or non-payment was sent or delivered. at the time, and in the manner, stated in the note or memorandum. § 925. Proof of the presentment, for acceptance or payment, of a ment, etc., promissory note or bill of exchange, payable in another State, or in a of foreign Territory, or foreign country, or of a protest of the note or bill, for nonacceptance or non-payment, or of the service of notice thereof, on a party to the note or bill, may be made, in any manner authorized by the laws of the State, Territory, or county, where it was payable. Affidavit of § 926. The affidavit of the printer or publisher of a newspaper, pub printer, etc., evi dence. Id.; of service of no tice. Marriage certificate, lished within the State, or of his foreman or principal clerk, showing the publication of a notice or other advertisement, authorized or required, by a law of the State, to be published in that newspaper, annexed to a printed copy of the notice or other advertisement, may be read in evidence; and is presumptive evidence of the publication, and, also, of the matters stated therein, showing that the deponent is authorized to make the affidavit. But this section does not apply to a case, where the affidavit is required by law to be filed, unless it has been duly filed; or to a case, where the mode of proving a publication is otherwise specially prescribed by law. § 927. Where it is necessary, upon the trial of an action, to prove the service of a notice, an affidavit, showing the service to have been made by the person making the affidavit, is presumptive evidence of the service, upon first proving that he is dead or insane, or that his personal attendance cannot be compelled, with due diligence. § 928. An original certificate of a marriage, within the State, made evidence. by the minister or magistrate by whom it was solemnized; the original record thereof, made, pursuant to law, in the office of the clerk of a city or a town, within the State; or a copy of the certificate, or of the record, duly certified, is presumptive evidence of the marriage. Book of foreign corpora. § 929. Where a party wishes to prove an act or transaction of a foreign corporation, the book or books of the corporation may be used for tion; when that purpose, as presumptive evidence, whether any or all of the parties are or are not members of the corporation. evidence. When a copy thereof is evidence. How copy fied. § 930. If an original book is not produced at the trial, as prescribed in the last section, a copy thereof, or of an entry therein, verified as prescribed in the next section, may be used, with like effect as the original book; provided that the party, intending to use the copy, gives the adverse party at least ten days' notice of his intention, speci fying briefly the nature of the evidence proposed to be given. But this and the next section do not apply, where the foreign corporation is a party to the action, and seeks to prove its own act or transaction, in its own behalf. § 931. The copy must be verified by the deposition, taken as preto be verí scribed by law, or the oral testimony, taken at the trial, of the person who made it, or of a person who has examined and compared it with the original book, or the entry therein. The witness must testify that the copy produced is correct; that he made it, or compared it with the original; and that he then knew that the original book so copied, or containing the entry, was the book of the corporation; or that it was then acknowledged to him to be such, by an officer or receiver of the corporation, or a person having the custody thereof, naming the person who made the acknowledgment; and he must specify where, and in whose custody, the original was then kept. ART. 2. ARTICLE SECOND. PROOF OF A DOCUMENT, EXECUTED or remaining wITHIN THE STATE. SECTION 932. Statutes, etc.; how proved. 933. Copies of records and papers in certain offices, presumptive evidence. 935. Conveyance, when acknowledged, or record, or transcript of record, evidence. 936. Such evidence may be rebutted. 937. What instruments may be acknowledged. 938. Justice's docket and transcript evidence before him. 939. Transcript from justice's docket, evidence generally. etc.; how and papers offices, pre $932. A statute or joint resolution, passed by the Legislature of the Statutes, State, may be read in evidence from a newspaper, designated as pre- proved. scribed by law, to publish the same, until six months after the close of the session at which it was passed; and at any time, from a volume printed under the direction of the Secretary of State. $933. A copy of a paper filed, kept, entered, or recorded, pursuant Copies of to law, in a public office of the State, the officer having charge of which records has, pursuant to law, an official seal; or with the clerk of a court of the in certain State; or with the clerk or secretary of either house of the Legislature, sumptive or of any other public body or public board, created by authority of a evidence. law of the State, and having, pursuant to law, a seal; or a transcript from a record, kept, pursuant to law, in such a public office, or by such a clerk or secretary, is evidence, as if the original was produced. But to entitle it to be used in evidence, it must be certified by the clerk of the court, under his hand and the seal of the court; or by the officer having the custody of the original; or by his deputy or clerk, appointed pursuant to law; or by the presiding officer, secretary, or clerk of the public body or board, appointed, pursuant to law, under his hand, and, except where it is certified by the clerk or secretary of either house of the Legislature, under the official seal of the body or board. $934. A copy of a paper filed, pursuant to law, in the office of a ra.; of patown clerk, or a transcript from a record kept therein, pursuant to law, pers filed certified by the town clerk, is evidence, with like effect as the original, clerk. $935. A conveyance, acknowledged or proved, and certified, in the conveymanner prescribed by law, to entitle it to be recorded in the county ance, when where it is offered, is evidence, without further proof thereof. Except edged, or as otherwise specially prescribed by law, the record of a conveyance, transcript duly recorded, within the State, or a transcript thereof, duly certified, of record, is evidence, with like effect as the original conveyance. acknowl record, or evidence. dence may § 936. The certificate of the acknowledgment, or of the proof of a such eviconveyance, or the record, or the transcript of the record, of such a con- be rebutveyance, is not conclusive; and it may be rebutted, and the effect ted. thereof may be contested, by a party affected thereby. If it appears that the proof was taken upon the oath of an interested or incompetent witness, the conveyance, or the record or transcript thereof, shall not be received in evidence, until its execution is established by other competent proof. $937. Any instrument, except a promissory note, a bill of exchange, what inor a last will, may be acknowledged, or proved, and certified, in the struments TITLE 4. may be acknowl manner prescribed by law for taking and certifying the acknowledgment 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 docket and § 938. The docket-book of a justice of the peace, within the State, transcript or a transcript thereof, certified by him, is evidence before him, of any before him, matter required by law to be entered by him therein. evidence ce's docket, § 939. A transcript from the docket-book of a justice of the peace, Transcript from justi- within the State, subscribed by him, and authenticated, by a certifievidence 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 Other proof of proceed transcript, was, at the date of the judgment therein mentioned, a jus tice 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. § 940. The proceedings in an action brought, or a special proceeding instituted, before a justice of the peace, within the State, may also be ings before proved by the oath of the justice. In case of his death or absence, they may be proved by the original minutes 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. justice. Charter, ordinan cities and villages. § 941. An act, ordinance, resolution, by-law, rule, or proceeding of ces, etc., of the common council of a city, or the board of trustees of an incorporated 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. Printed copies of laws of another State, ete. ARTICLE THIRD. PROOF OF A DOCUMENT, REMAINING IN A COURT OR PUBLIC OFFICE OF THE UNITED SECTION 942. Printed copies of laws of another State, etc. 943. Copies of records of United States courts. 944. Id.; of documents on file in departments of United States. 945. Record of bill of sale, etc., of vessels. 946. Conveyance of land without the State. 947. Exemplification of record of conveyance of land without the State. 948. Transcript of docket, etc., of justice of adjoining State. 949. Id.; how authenticated. 950. Other proof. 951. Proof may be rebutted. 952. Copies of records of courts of foreign countries; how authenticated. 953. Other proof. 954. This article does not declare effect of record, etc. 1955. Judgments in Canada, presumptive evidence only. 956. Documents from foreign countries; how authenticated. § 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 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. ། ART. 3. records of $943. 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 courts. on file in United § 944. A copy of a record or other paper, remaining in a department ra.; 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 ves it was recorded, in like manner as a deed to be recorded within the sels. State; or a transcript of such a record, duly certified by the collector; is evidence, with the like effect as the original. bill of sale, land with State. $946. A conveyance of real property, situated without the State, Conveyacknowledged or proved, and certified, in like manner as a deed to be ance of 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. § 947. An exemplification of the record of a conveyance of real prop- Exemplifierty situated without the State, and within the United States, which cation 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 ance 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. record of land with State. etc., of § 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 in adjoining 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. authenti $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 catet. 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, |