P. L. 443.

witness will abscond, elope or refuse to appear upon the trial, that then and in 31 March 1860 § 56. such case the judge, magistrate or alderman may exact bail of said witness to testify.

III. Witnesses in civil proceedings.

8 May 1854 § 51. P. L. 629.

26. No person shall hereafter be incompetent to give evidence in any suit or action in which any school district, or any officer thereof is a party, for or on account of said person being an inhabitant of the district, or by reason of his Inhabitants of being liable to the payment of any tax in which said school district may be school districts

interested.

may be witnesses. 27. In any civil proceeding before any tribunal of this commonwealth, or con- 23 May 1887 § 4. P. L. 155. ducted by virtue of its order or direction, no liability merely for costs nor the right to compensation possessed by an executor, administrator or other trustee, Interest not to disnor an interest merely in the question on trial, nor any other interest, or policy qualify, in civil of law, except as is provided in section five of this act, shall make any person Exceptions. incompetent as a witness.

28. In such civil proceeding,

cases.

Ibid. § 5.

Conviction of per

(a.) A person who has been convicted in a court of this commonwealth of perjury, which term is hereby declared to include subornation of perjury, shall not jury to disqualify. be a competent witness for any purpose, although his sentence may have been fully complied with, unless the judgment of conviction be judicially set aside or Exceptions. reversed, or unless the proceeding be one to redress or prevent injury or violence attempted, done or threatened to his person or property, in which cases he shall be permitted to testify.

Ibid.

29. (b.) Nor shall either husband or wife be competent or permitted to testify to confidential communications made by one to the other, unless this privilege be Confidential comwaived upon the trial.

munications between husband and Ibid.

30. (c.) Nor shall husband and wife be competent or permitted to testify against wife. each other,(n) except in those proceedings for divorce in which personal service of Husband and wife the subpoena or of a rule to take depositions has been made upon the opposite not to testify party, or in which the opposite party appears and defends, in which case either against each other. may testify fully against the other, and except also that in any proceedings for Exceptions. divorce either party may be called merely to prove the fact of marriage.

Ibid.

and client.

Ibid.

31. (d.) Nor shall counsel be competent or permitted to testify to confidential Confidential comcommunications made to him by his client, or the client be compelled to disclose munications bethe same, unless in either case this privilege be waived upon the trial by the client. tween counsel 32. (e.) Nor where any party to a thing or contract in action is dead, or has been adjudged a lunatic and his right thereto or therein has passed, either by his Surviving or reown act or by the act of the law, to a party on the record, who represents his inter- maining party not est in the subject in controversy, shall any surviving or remaining party to such competent. thing or contract, or any other person whose interest shall be adverse to the said right of such deceased or lunatic party, be a competent witness to any matter occurring before the death of said party or the adjudication of his lunacy, unless the proceeding is by or against the surviving or remaining partners, joint promisors or joint promisees, of such deceased or lunatic party, and the matter occurred between such surviving or remaining partners, joint promisors or joint promisees and the other party on the record, or between such surviving or remaining partners, promisors or promisees and the person having an interest adverse to them, in which case any person may testify to such matters; or, unless the action be ejectment against several defendants, and one or more of said defendants disclaims of record any title to the premises in controversy at the time the suit was brought, and also pays into court the costs accrued at the time of his disclaimer, or gives security therefor as the court in its discretion may direct, in which case such disclaiming defendant shall be a fully competent witness; or, unless the issue or Exceptions. inquiry be devisavit vel non, or be any other issue or inquiry respecting the property of a deceased owner, and the controversy be between parties respectively claiming such property by devolution on the death of such owner, in which case all persons shall be fully competent witnesses.(o)

(n) Where a husband is the plaintiff in replevin, and the defendant pleads property in the plaintiff's wife, the plaintiff is not a competent witness to prove his title. Johnson v. Watson, 157 P. S. 454.

(o) In a proceeding against a decedent's estate, a legatee or heir is a competent witness on behalf of the estate. Bank v. Hunsicker, 6 Montg. 73. No interest or policy of the law, not enumerated here, now renders a witness incompetent. Meredith v. Thomas, 4 Kulp 505. The husband of a surviving party to a contract may be a witness for his wife. Levan v. Bickel, 5 C. C. 610. A son presenting a claim against his mother's estate upon a bond created in her lifetime, does not claim by devolution, and is not competent. Smith's Estate, 35 P. L. J. 276. Wolf's Appeal, 23 W. N. C. 134. Where a defendant claims under a deed purporting to be signed and

acknowledged by the plaintiff and his wife to the defendant's grantor, neither the plaintiff or his wife is a competent witness to testify that the signatures are forgeries; and this, though the deceased grantee was not present at the alleged execution, but was represented there by an agent who is alive and competent. Sutherland v. Ross, 140 P. S. 379. Where an owner made a lease by parol and conveyed the property subject to subsisting leases and then died, it was held, in an action for unpaid rentals, that the lessor being dead, one of the lessees was incompetent to testify to the terms of the original contract. Arrott Mills Company v. Way Manufacturing Company, 143 P. S. 435. Where the plaintiff claims title in ejectment, under a sheriff's deed, under an execution against the husband, and the defence is based on the title of the wife, whose vendor is dead, both the hus

23 May 1887 § 5. P. L. 518.

33. (f) But no person who is not competent under clauses (a.) (b.) (c.) and (d.) of this section, shall become competent by the general language of clause (e.). Incompetency not cured, &c.

34. Any person who is incompetent under clause (e.) of section five, by reason of interest, may nevertheless be called to testify against his interest, and, in that Ibid. § 6. event, he shall become a fully competent witness for either party; and such person Testimony against shall also become fully competent for either party, by a release or extinguishment, in good faith, of his interest, upon which good faith the trial judge shall decide as a preliminary question.

interest.

Ibid. § 7.

be compelled to

testify.

Made competent

35. In any civil proceeding, whether or not it be brought or defended by a person representing the interests of a deceased or lunatic assignor of anything or Adverse party may contract in action, a party to the record or a person for whose immediate benefit such proceeding is prosecuted or defended, or any other person whose interest is adverse to the party calling him as a witness, (00) may be compelled by the adverse party to testify as if under cross-examination, subject to the rules of evidence applicable to witnesses under cross-examination, and the adverse party calling such witnesses shall not be concluded by his testimony; but such person so crossexamined shall become thereby a fully competent witness for the other party as to all relevant matters, whether or not these matters were touched upon in his cross-examination; and also, where one of several plaintiffs or defendants, or the person for whose immediate benefit such proceeding is prosecuted or defended, or such other person having an adverse interest, is cross-examined under this section, Also his co-parties. his co-plaintiffs or co-defendants shall thereby become fully competent witnesses on their own behalf as to all relevant matters, whether or not these matters were touched upon in such cross-examination.

for other party.

Ibid. § 8. Testimony by commission or

disposition.

Ibid. § 9.

36. In any civil proceeding, the testimony of any competent witness may be taken by commission or deposition, in accordance with the laws of this commonwealth and the rules of the proper court.

37. Whenever any person has been examined as a witness in any civil proceeding before any tribunal of this commonwealth, or conducted by virtue of its order When notes of ex- or direction, if such witness afterwards die, or be out of the jurisdiction, so that former proceeding he cannot be effectively served with a subpoena, or if he cannot be found, or if he competent in sub- become incompetent to testify for any legally sufficient reason, and if the party

amination in

sequent.

For contradiction, testimony may be proven orally.

Ibid. § 10.

Witnesses compelled to testify.

Not to criminate

themselves.

Neglect of defend

ant in criminal

case.

against whom notes of the testimony of such witnesses are offered had actual or constructive notice of the examination and an opportunity to be present and examine or cross-examine, properly proven notes of the examination of such witness shall be competent evidence in any civil issue which may exist at the time of his examination, or which may be afterwards formed between the same parties and involving the same subject-matter as that upon which such witness was so examined; but for the purpose of contradicting a witness, the testimony given by him in another, a former proceeding, may be orally proved.(p)

38. Except defendants actually upon trial in a criminal court, any competent witness may be compelled to testify in any proceeding, civil or criminal; but he may not be compelled to answer any question which, in the opinion of the trial judge, would tend to criminate him;(7) nor may the neglect or refusal of any defendant, actually upon trial in a criminal court, to offer himself as a witness, be treated as creating any presumption against him, or be adversely referred to by court or counsel during the trial.(r)

band and wife are competent to testify that the purchase was made by the wife, and that the deed was made to the husband by mistake. Brown v. Carey, 149 P. S. 134. Where an exceptant seeking a surcharge, calls an accountant in the orphans' court for cross-examination, he thereby becomes a competent witness in his own behalf. Corson's Estate, 137 P. S. 160. Boyd v. Conshocken Mills, 149 P. S. 363. This act relates solely to the competency of interested as distinguished from disinterested witnesses. It made interested parties, with the exceptions specified in section 5, competent witnesses. Dickson v. McGraw, 151 P. S. 98. Upon the trial of a feigned issue to determine whether an executor is indebted to the estate, the testator's granddaughter and her husband, who are legatees, are competent to testify to matters occurring in the lifetime of the testator; the executor, however, is competent. Smith v. Hay, 152 P. S. 377. Upon a claim against a decedent's estate, persons interested in the estate are competent to testify against the claim. Broses' Estate, 155 P. S. 619. In an action by a mother against her daughter's estate, to rescind a gift made to the daughter, the plaintiff is not a competent witness. Yeakel v. McAtee, 156 P. S. 600. In an action of ejectment, where the location of the end of an ancient bridge is in dispute, the defendant may testify that since the death of one of the plaintiffs an old abutment of the bridge had been uncovered by a flood; and this, though it tended to prove a fact in the lifetime of the deceased. Krepps v. Carlisle, 157 P. S. 358. A party is not competent to testify as to matters which occurred in the pres

ence of persons since deceased, from whom the opposing party derives his title. Tarr v. Robinson, 33 W. N. C. 189; s. c. 158, P. S. 60. In an action by surviving partners, the son of a deceased partner may testify to occurrences in the lifetime of his father other than conversations between the defendant and the deceased personally. Graff v. Callahan, 158 P. S. 380.

(00) In an action of ejectment brought by a husband, to which his wife is not a party, he cannot call her for cross-examination upon the allegation that her interest is adverse to his. Wells v. Bunnell, 34 W. N. C. 163.

(p) In an action by a wife as administratrix of her husband for damages for negligence, causing injury to the husband, it was held, that the husband's deposition read in evidence, on a previous trial, in a similar action brought by the husband and wife, in the right of the wife, was not admissible in evidence on behalf of the plaintiff. Fearn v. Ferry Co., 143 P. S.

122.

(q) Where a witness declines to answer a question upon the ground that the answer will tend to criminate him, the decision of that question is with the trial judge. Commonwealth v. Bell, 145 P. S. 374.

(r) A new trial was granted where the defendant did not testify, but the district-attorney said that the law required the best evidence, which would be that of the defendant himself, he being a competent witness. Commonwealth v. Brown, 16 W. N. C. 557. See Commonwealth v. Draper, 2 Chest. Co. 424. Commonwealth v. Elder, 34 L. I. 400.

39. The following acts are hereby repealed:

The act of March twenty-seven, one thousand eight hundred and sixty-five, entitled "An act relative to the admission of parties to judicial proceedings as witnesses in certain cases.'

March 27, 1865.

The act of March twenty-seven, one thousand eight hundred and sixty-five, March 27, 1865. entitled "An act amending the law of evidence in Pennsylvania."

The act of March twenty-seven, one thousand eight hundred and sixty-seven, March 27, 1867. entitled "An act relative to evidence in actions of ejectment."

The act of April ten, one thousand eight hundred and sixty-seven, entitled April 10, 1867. "A supplement to an act entitled 'An act amending the law of evidence in Pennsylvania,' approved the twenty-seventh day of March, one thousand eight hundred

and sixty-five."

The act of April fifteen, one thousand eight hundred and sixty-nine, entitled April 15, 1869. An act allowing parties in interest to be witnesses."

The act of March four, one thousand eight hundred and seventy, entitled "A March 4, 1870. supplement to an act entitled 'An act allowing parties in interest to be witnesses,' approved the fifteenth day of April, one thousand eight hundred and sixty-nine."

The act of April nine, one thousand eight hundred and seventy, entitled "A April 9, 1870. supplement to an act entitled 'An act allowing parties in interest to be witnesses.'

The act of April three, one thousand eight hundred and seventy-two, entitled April 8, 1872. "An act to extend the competency of persons to be witnesses in certain criminal cases."

The act of June twenty, one thousand eight hundred and seventy-three, entitled June 20, 1878. "An act supplementary to an act entitled 'An act to extend the competency of persons to be witnesses in certain criminal cases.''

The act of June eight, one thousand eight hundred and seventy-four, entitled June 8, 1874. "A supplement to an act entitled 'An act allowing parties in interest to be witnesses,' approved the fifteenth day of April, Anno Domini one thousand eight hundred and sixty-nine, providing that no party to any civil proceedings shall be a witness in actions by or against committees of lunatics, except in certain cases."

The act of March twenty-four, one thousand eight hundred and seventy-seven, March 24, 1877. entitled "An act to permit defendants to testify in criminal cases."

The act of May twenty-five, one thousand eight hundred and seventy-eight, May 25, 1878. entitled "An act permitting surviving partners to testify to matters having occurred between the surviving partners and adverse party on the record."

The act of June eleven, one thousand eight hundred and seventy-nine, entitled June 11, 1879. "An act to permit the prosecutor or prosecutors to testify in cases of forcible entry and detainer."

The act of June eleven, one thousand eight hundred and seventy-nine, entitled "An June 11, 1879. act to permit persons charged with the crime of receiving or buying stolen goods

or chattels, knowing the same to have been stolen, to testify in their own behalf."

The act of May eleven, one thousand eight hundred and eighty-one, entitled May 11, 1881. "An act to amend an act entitled 'A supplement to an act entitled "An act allowing parties in interest to be witnesses.'

The act of May twenty-one, one thousand eight hundred and eighty-five, entitled May 21, 1885. "An act to permit defendants to testify in all criminal cases."

Ibid.

40. This act shall go into effect on July first, one thousand eight hundred and eighty-seven, and shall apply as well to all proceedings then pending and undeter- To go into effect mined as to those thereafter begun.

July 1, 1887.
Application.

P. L. 287.

41. Hereafter in any civil proceeding before any tribunal of this common- 11 June 1891, § 1. wealth, or conducted by virtue of its order or direction, although a party to the thing or contract in action may be dead or may have been adjudged a lunatic, When surviving and his right thereto or therein may have passed, either by his own act or by party may testify. the act of the law, to a party on a record who presents his interest in the subject in controversy, nevertheless any surviving or remaining party to such thing or contract or any other person whose interest is adverse to the said right of such deceased or lunatic party, shall be a competent witness to any relevant matter, although it may have occurred before the death of said party or the adjudication of his lunacy, if and only if such relevant matter occurred between himself and another person who may be living at the time of the trial and may be competent to testify, and who does so testify upon the trial, against such surviving or remaining party or against the person whose interest may be thus adverse, or if such relevant matter occurred in the presence or hearing of such other living or competent person. (rr)

Ibid. §2.

42. The testimony now made competent by the foregoing section may also be taken by commission or deposition, in accordance with the laws of this common- Testimony may be wealth and the rules of the proper court, and, in that event, the deposition thus taken by commistaken, shall be competent evidence at the trial or hearing, although the person sion or deposition. with whom or in whose presence or hearing such relevant matter occurred, may die or become incompetent after the taking of such deposition.

(rr) A surviving party is not a competent witness unless the living witness to the transaction between himself and the deceased has already testified; he is

not rendered competent by the fact that the other side subsequently calls the living witness. Roth's Estate, 150 P. S. 261.

26 March 1827 § 1. 9 Sm. 308.

Depositions may be taken in court

below whilst cause is pending in supreme court.

Ibid. § 2. Effect thereof.

28 March 1814 § 1. 6 Sm. 208.

Depositions may

be read in subsequent causes be

tween the parties for the same subject-matter.

21 April 1869 § 1. P. L. 86.

IV. Of depositions.

43. In each and every case which has heretofore been removed from [any district court, or] any court of common pleas, to the supreme court of this commonwealth, and remains yet undetermined in said last-mentioned court, and in each and every case which may hereafter be removed from any court of common pleas [or district court] to said supreme court, the record in such case, during the time such case may remain in said supreme court, shall be taken and considered to remain in the court from which such case may have been removed as aforesaid, so far as to enable the parties to such case to enter rules and take out commissions for the purpose of taking the depositions of witnesses, in like manner and with like effect as if such case were still pending and undetermined in such court of common pleas [or district court].(s)

44. Every deposition, taken in any such case as aforesaid, shall be deemed and held to be as good and regular, to all intents and purposes, as if the same had been taken at any time while such case was actually pending and undetermined in the court from which such case may have been removed as aforesaid; and every such deposition may be read in evidence, subject, nevertheless, to all the rules and exceptions to which depositions offered in evidence are in other cases subject.

45. Any deposition taken, or to be taken in any cause, which by the rules of law(t) may be read in evidence on the trial of the cause in which it is or may be taken, shall be allowed to be read in evidence in any subsequent cause, wherein the same matter shall be in dispute between the said parties or persons, their heirs, executors, administrators or assigns: Provided, That such deposition shall be admitted in such subsequent cause, under the same rules and restrictions, as if it had been offered to be read on the trial of the original cause.(u)

46. All United States commissioners, duly empowered and authorized by the circuit courts of the United States, for the eastern and western districts of PennUnited States com- Sylvania, are empowered to administer oaths or affirmations and take depositions, to be used in any court of this commonwealth.(v)

missioners.

21 Feb. 1834 § 1. P. L. 68.

Exemplifications of papers duly recorded.

11 April 1840 § 4. P. L. 295.

Of justice's bond.

Ibid. § 5. And commission.

29 April 1844 § 1. P. L. 527.

be kept by the

V. Of exemplifications.

47. Whenever provision has been or shall hereafter be made by law for recording in the proper office any paper or papers, the record and records thereof made, and exemplifications of the same, lawfully certified, shall be legal evidence in all cases in which the same would be competent testimony.(w)

48. The bond required by the 6th section of the act of 21st of June 1839, to be given by any person elected a justice of the peace or alderman, before entering upon the discharge of the duties of his office, shall be recorded in the office for recording of deeds of the proper county, after the same shall have been taken by the prothonotary, and the record thereof, or a certified copy, under the hand and seal of the recorder of deeds, shall be admitted as legal evidence, in all cases where the original bond would be evidence.

49. The commission of every person elected as justice of the peace or alderman shall be entered of record by the recorder of deeds of the proper county, and a certified copy under the hand and seal of the recorder for the time being, or the record thereof, shall be admitted as legal evidence, in the trial of any suit or suits, or bill or bills of indictment, where the original commission would be evidence.

50. It shall be the duty of the register for the probate of wills and granting letters of administration, in the counties of Mercer and Crawford, to purchase a Certain records to book or books, at the expense of the respective cities or counties, and make or cause to be made therein, at his own expense, entries setting forth, in all cases hereafter arising, the names of decedents; the time of granting letters of administration and letters testamentary, and to whom granted; the amount of the bond filed by any administrator, with the names of his sureties; the time for filing the inventory and appraisement, and the date of settlement of the accounts of execu

registers of Mercer

and Crawford counties.

(s) See Huidekoper v. Cotton, 3 W. 57.

(t) For the rules in reference to the taking of depositions, see 1 T. & H. Pr. § 606-18. Waugh v. Shunk, 20 P. S. 134.

(u) They are admissible only when the same matter is in dispute. Haupt v. Henninger, 37 P. S. 138. But if one count of the declaration in the second action be the same as a count in the first, and the cause of action be the same, a deposition taken in the first, may be read in support of that portion of the pleadings in the second action which is identical with those in the first. Kohler v. Henry, 4 Phila. 61. It matters not, that the former suit was terminated by a nonsuit, instead of a trial. Wertz v. May, 21 P. Š. 274. And depositions taken on a rule to show cause why a judgment should not be opened, are competent evidence, on the trial of an issue directed by the court to determine the validity of the judgment. Haupt v. Henninger, 37 P. S. 138.

Riegel v. Wilson, 60 Ibid. 388. And see Eckman v. Eckman, 68 Ibid. 460. A deposition taken in another cause is evidence, though the first was at law, and the second in equity. Fulton v. Sellers, 4 Brewst. 42. S. P. Galbraith v. Zimmerman, 100 P. S. 374.

(v) By act 1 March 1870, they are empowered, in the county of Bradford, to take acknowledgments of deeds, &c., to administer oaths in all cases, and to take depositions to be used in any courts of the commonwealth. P. L. 277. In Lycoming county, by act 26 February 1872, P. L. 157. And in Erie county, by act 10 April 1873, P. L. 608.

(w) A certified copy of a mortgage, duly recorded, is not evidence of a secondary character, but may be given in evidence, without either producing or proving the loss of the original. Curry v. Raymond, 28 P. S. 144.

P. L. 527.

tors and administrators, with the amount of debts and credits, showing the balance, 29 April 1844 § 1. and to whom due; the same to be entered in a fair and legible hand, and to be so arranged as to afford easy and ready reference to said matters.

Ibid. § 2.

other counties may

51. It shall and may be lawful for the judges of the orphans' court in and for any city or county of this commonwealth, on an inspection and examination of the situation of the papers on file prior to the passage of this act, in the office of the Orphans' courts of register for the probate of wills and granting letters of administration, in the re- direct similar recspective cities or counties, to make an order or decree, requiring said register to ords to be made. make the same entries touching said papers, as are required in the first section of this act, as to cases hereafter arising; and the expense of purchasing books, and of making the entries, in pursuance of said order or decree, shall be paid by the respective cities or counties, on warrants drawn on the treasurer of said city or county, by the commissioners thereof.

Ibid. § 3.

52. Exemplifications or copies of the entries required in the preceding sections, under the proper seal of said register, (shall) in the event of the loss or destruction Exemplifications of any paper or papers, from which any of said entries shall be made, shall be of thereof to be evithe like force and effect, and as good and sufficient evidence in law, as the original dence. paper or papers, or exemplifications, or duly certified copies thereof.

P. L. 124.

deeds of sheriffs,

53. All patents granted by the commonwealth, and all deeds of sheriffs, coro- 14 March 1846 § 1. ners, marshals and treasurers, and all deeds made in pursuance of a decree of any court, being duly acknowledged, may be recorded in the office for recording deeds Exemplifications in the county where the lands lie, and the records thereof, or duly certified copies of patents and thereof, shall be evidence, in all cases where the original deeds or patents would &c., to be evidence. be evidence. And where any of the deeds aforesaid have heretofore been recorded in the office for recording deeds in the county where the lands lie, or in the office of the prothonotaries of the several courts of the city and county of Philadelphia, the records thereof, or duly certified copies thereof, shall be as good evidence as if the same had been recorded under the provisions of this act.(x)

5 April 1849 § 2.

L. 344.

54. All deeds of county commissioners, being duly acknowledged, may be recorded in the office for recording deeds in the county where the lands lie, and the records thereof, or duly certified copies thereof, shall be evidence, in all cases of deeds of county where the original deeds would be evidence. And where any such deeds have commissioners. heretofore been recorded as aforesaid, the records thereof, or duly certified copies thereof, shall be as good evidence as if the same had been recorded under the provisions of this act.

55. All assignments of mortgages, and letters of attorney authorizing the satis- 9 April 1849 § 14. faction of mortgages, duly executed and acknowledged, in the manner provided P. L. 527. by law for the acknowledgment of deeds, may be recorded in the office for record- of assignments of ing of deeds, in the county in which the mortgage assigned or authorized to be mortgages, and letsatisfied may be, or shall have been recorded; and the record of such instrument, ters of attorney auor a duly certified copy thereof, shall be as good evidence as the original assign- tion of mortgages. ment or letter of attorney, when duly proved, in any court of justice.

thorizing satisfac

P. L. 581.

56. Any release or other instrument of writing, being evidence of the payment 26 April 1850 § 24. or release of any legacy or recognizance charged upon lands or tenements within this state, that have been, or may hereafter be made out of this state, or within And of certain rethe same, and which shall have been duly acknowledged, or the execution thereof leases. proved in the manner provided by the existing laws for the acknowledgment and proof of the execution of deeds or other instruments of writing concerning any lands or tenements and hereditaments, in order to authorize the same to be recorded, may be recorded in the office for the recording of deeds in the county where such real estate may be situate: and copies or exemplifications of such releases or other instruments of writing, acknowledged or proved and recorded as aforesaid, being examined by the recorder, and certified under the seal of his office, which the said recorder is hereby required to do, shall be allowed in all courts where produced, or elsewhere, and are hereby declared to be as good evidence, and as valid and effectual in law, as the original instrument of writing would be, if duly proved, and the same may be made use of accordingly.

of other states to be authenticated.

57. In all suits or causes where it shall be necessary for either party to give in 29 March 1860 § 1. evidence the proceedings had before a justice or justices of the peace, or alderman P. L. 342. of any other state, a transcript of the docket, proceedings or record of the said How records of jus justice or justices, or alderman, certified by the same, respectively, and verified tices of the peace by the certificate of the clerk or prothonotary of a court of record in the city or county wherein the said justice or alderman has jurisdiction, under the seal of the court, setting forth the official character and authority of the said justice or alderman, attested by the judge thereof, shall be legal evidence of the judgment entered in such case.

14 April 1870 § 1. P. L. 70.

58. Any document which shall be certified under the official seal of any office or department of the government of Great Britain, purporting to be or to contain Certified copies of powers of attorney, a copy of a letter or power of attorney, belonging to or filed, or remaining in such remaining in the office or department, from any person or persons who, at its date, resided in the public offices in Great Britain, to United States, directing or authorizing the attorney or attorneys named, his or be evidence.

(2) This act is constitutional. Foster v. Gray, 22 P. S. 9.