judge. Fidelity & Casualty Co. of New York v. Carroll, 186 Ind. 633, 117 N. E. 858.

Where a change of venue is sought by a corporation on the ground of prejudice of the judge, the affidavit must be made by an executive or administrative officer of the corporation, and not by an agent or attorney thereof. Fidelity & Casualty Co. of New York v. Carroll, 186 Ind. 633, 117 N. E. 858.

A written challenge to the competency of a trial judge must state the causes for change of judge required by this section. Conklin v. School City of South Bend, App. 124 N. E. 464.

422a. Change from judge in equitable cases.

A husband petitioning for modification of payment for child is entitled to change of venue under this section on affidavit of prejudice of presiding judge, this section not being in conflict with § 1084. Rhinehalt v. Rhinehalt, - App. - 127 N. E. 10

423. Appeal, reversal, change of judge.

The statute giving parties the right to demand a change of judge when a judg ment has been reversed on an appeal and the cause remanded for a new trial, applies to criminal actions. Woodsmall v. State, 181 Ind. 613, 105 N. E. 155, 899. See notes to section 899.

427. Change of judge, agreement.

When a change is taken from the regular judge of the court, and the parties fail to agree upon a person to be appointed special judge, the regular judge must submit to the parties a list of attorneys as provided by this section, and in the absence of doing so the regular judge can not appoint a person as special judge in the case. Metropolitan Life Ins. Co. v. Stenger, 59 App. 606, 109 N. E. 781.

Objections to the appointment of a special judge must generally be made at the time of the appointment, but a person made a party to the action after such appointment may object to such judge on his first appearance, and if he does not then make his objection his right to do so will be waived. Pottlitzer v. Citizens' Trust Co., 60 App. 45, 108 N. E. 36.

Under this application for change of judge under this section, the parties moving for change of judge should be the first to strike a name from a list of special judges presented. Stilz v. Ketelsen, App. - 127 N. E. 563.

It is the duty of a judge on affidavit for change of judge to nominate disinterested parties from whom judge may be selected. Stilz v. Ketelsen, App.

127 N. E. 563.

This section is a general statute and applies to the superior court of Marion County and such court in other counties, and by implication repeals § 1480. Stilz v. Ketelsen, App., 127 N. E. 563.

This section by implication repeals section 1480, Burns' Revision, 1914. Stilz v. Ketelsen, App. 129 N. E. 31.

429. Special judge, failure to qualify, notice to governor.

Under the provisions of this section, if a special judge who has assumed jurisdiction of a cause fails to attend at any subsequent term of the court in which the action is pending, the regular judge has no authority to appoint another special judge after the lapse of five days. Moerecke v. Bryan, 183 Ind. 591, 108 N. E. 948. If a person who is appointed as special judge appears and qualifies more than twenty days after his appointment, objections to his acting must then be made or objections to his qualification because of delay will be deemed waived. State ex rel. v. Lane, 184 Ind. 523, 111 N. E. 616.

Where a defendant files an affidavit for change of judge and appears before the special judge and has the case set for trial, he thereby waives objection to the jurisdiction of such judge on the ground that he failed to qualify within twenty days after appointment. State ex rel. Stockton v. Lane, 184 Ind. 523, 111 N. E. 616.

[Acts 1919, p. 430. Law without the signature of the governor.]

431a. Certificate to governor, appointing special judge.-1. Whenever any judge of any circuit, criminal or superior court of the State of Indiana, shall certify, or shall have certified, upon his oath to the governor of said state that he is unable to procure a presiding judge or any competent and disinterested attorney of the state in good standing to try a cause pending in his court, wherein a change of venue has been taken from such judge, or such judge is disqualified from any cause whatever the governor shall appoint a judge or any competent and disinterested attorney of this state in good standing who, if he consents to serve, shall be qualified as other judges, and his appointment and oath shall be filed with the clerk and entered upon the order book of said court and he shall have power to hear and determine said cause, until the same is finally disposed of, or a change of venue thereof is taken in proper cases. Said special judge shall be paid as compensation for his services the sum of twenty-five ($25.00) dollars per day and in computing the time for which he is entitled to compensation the time necessarily required for travel from his home to the place of holding court and return, shall be included with the time of actual service on the bench; said compensation shall be paid as follows: On presentation of an order made by the court for the allowance, specifying the time of service, supported by an affidavit of the special judge, that he actually served such time, and an affidavit of the regular judge, if any, stating the reason for the services of such special judge, the same shall be paid out of the county treasury for the time being for which the county shall have credit on settlement of the treasurer with the state.

And said special judge, appointed by the governor, shall have jurisdiction to hear and determine any case in which he is appointed in vacation or term time.

This section amends section 431a, Revision of 1914.

Section 2 of this act repeals all laws and parts of laws in conflict therewith. Section 3 of this act provides that it be in force and effect from and after its passage.

[Acts 1921, p. 60. In force May 31, 1921.]

432. Pay of special judge.-258. When a judge or any practicing attorney is called upon to preside in the place of the regular judge, either at a regular or an adjurned term, whether selected from the bench or bar, he shall be allowed the sum of ten dollars ($10.00) per

day for the time actually served, and in going to and returning, to be paid as follows: On the presentation of an order made by the court for the allowance, specifying the time of service, supported by an affidavit of the special judge, that he actually served such time; and an affidavit of the regular judge, if any, stating the reason for the services of such special judge, the same shall be paid out of the county treasury for the time being, for which the county shall have credit on settlement of the treasurer with the state: Provided, That in all cases where a special judge shall be called, one-half the compensation paid, as herein provided, shall be deducted by the auditor of state from the pay of such regular judge, except when such special judge is called to preside in cases of change of venue, or when such regular judge shall have a pecuniary interest in, be a party to, or be related to any party to said suit by blood or marriage, or may have been of counsel in any such cause pending, or may be absent on account of serious illness of himself or family.

This section amends section 432 Revised Statutes of 1914.
ARTICLE 15.-DEPOSITIONS.

Under this section and § 449, a notary of another state has authority to take the deposition of a non-resident plaintiff without commission or dedimus. Kwiatkowski v. Putzhaven, Ind. 126 N. E. 3.

437. Notice to take depositions, service.

The attorney of record of a party may acknowledge service of a notice to take depositions. Cohen v. Reichmann, 55 App. 164, 102 N. E. 284.

442. Attendance, how enforced.

Under this section providing for the taking of a deposition, the penalty provided for by § 537 for failure to attend and testify and the striking out of his complaint and answer is not violative of the due process clause of U. S. Amend. 14. Kwiatkowski v. Putzhaven, Ind. —, 126 N. E. 3.

Under this section when a witness refuses to testify, it is the duty of the officer to report the fact to a circuit or superior court or judge so that he may be dealt with as for contempt. Kwiatkowski v. Putzhaven, Ind. 126 N. E. 3.

447. Sealing-Inclosing-Directing-Indorsing. Indorsement of name on depositions considered and held a sufficient compliance with this section. Cadick Milling Co. v. Valdosta Grocery Co., 126 N. E. 240.

App.

All objections to the validity of depositions must be made before entering upon the trial. Cohen v. Reichman, 55 App. 164, 102 N. E. 284; Voorhees v. Cragun, 61 App. 690, 112 N. E. 826.

Under this section, an objection to a deposition on the ground that no notice of the taking of it was served, should be overruled when not made prior to the trial. Lewis v. Guthrie, App. 111 N. E. 455.

Under this section, a defect in a notice for the taking of a deposition should be presented before entering on trial by a motion to suppress. Voorhees v. Cragun, 61 App. 690, 112 N. E. 826.

The ruling of the trial court, on an objection to the admissibility of a deposition, based on a question of fact, there being evidence to support the court's ruling, can not be disturbed on appeal. Ross v. Griswold, 128 N. E. 933.

App.

456. When deposition used in another action.

If a deposition is taken in action where the plaintiff sues to recover for personal injuries, and such action is dismissed, the deposition may be used in a case brought by an administrator to recover damages for the death of such plaintiff caused by such injuries, although the deposition had been temporarily removed from the files for proper purposes. Lake Erie etc. R. Co. v. Huffman, 177 Ind. 126, 97 N. E. 434. 464. Adverse party, when allowed expenses.

In view of this section a common-law rule that a release of one surety releases all when under seal, does not now obtain. First Nat. Bank of South Bend v. Mayr, Ind. —, 127 N. E. 7.

470. Legislative acts, judicial records, proof.

Courts do not generally take notice of the laws of other states, but the existence of such laws are to be proved as facts. Cable Co. v. McElhoe, 58 App. 637, 108 N. E. 790.

476. Certificates of notaries public.

See note to section 1066.

This section has no application to affidavits of residence in a divorce proceeding, and does not validate an affidavit not accompanied by the certificate of the officer's authority to administer oaths, as required by § 498. Smith v. Smith, 185 Ind. 75, 113 N. E. 296.

In view of this section and §§ 3965, 3982, relating to notary certificates and ac

knowledgments of instruments, a deed executed in California conveying land in Indiana, and acknowledged before a notary by each of the parties, the certificate of acknowledgment stating that the acknowledgments of the wives were taken out of the hearing and presence of their husbands, was held sufficient to authorize its admission in evidence. Ingram v. Jeffersonville, N. A. & S. Rapid Transit Co., 65 App. 532, 116 N. E. 12.

126

The certificate of a notary is presumptive evidence of his authority to take a non-resident plaintiff's deposition. Kwiatkowski v. Putzhaven, Ind. N. E. 3.

478. Copies of records of public offices.

A copy of a record kept in the office of the collector of internal revenue in Indiana, certified to by the officer having custody of the record, is competent evidence. Robinson v. State, 182 Ind. 329, 106 N. E. 533.

Copies of records kept in public offices, in order to be admissible as evidence, must be duly certified to by the officer having the custody of such records as being true and complete copies of such records. Knotts v. Zeigler, 58 App. 503, 106

N. E. 393.

This section was held substantially complied with where in the certified copy of the record of a deed, just above the certificate, there appears the words "Decatur County Recorder's Seal, Indiana,” although the better practice would be to place the recorder's seal on the certificate. Cleveland, C., C. & St. L. R. Co. v. Gannon, 63 App. 289, 112 N. E. 411.

Under this section and §§ 10354, 10355, certified copies of record which do not purport to be copies or to be true and complete copies are admissible to show the invalidity of a tax deed. Knotts v. Tuxbury, App. 117 N. E. 282.

A birth record is admissible in evidence under this section though the original report of the physician attending at the birth was made by some person other than the physcian. Bruner v. State, App. 121 N. E. 549.

Copies of deeds certified by county recorder as true and correct were properly admitted in evidence, the certificates being a substantial compliance with this section. Donner v. Griffith, — App. 122 N. E. 23.

A county auditor's certificate of copy of public record as a "true" copy is a sufficient compliance with this section. Massachusetts Bonding & Ins. Co. v. Gary, - App. —, 126 N. E. 84.

A substantial compliance with this statute requiring keeper of public records to certify copy introduced in evidence is sufficient. Massachusetts Bonding & Ins. Co. v. Gary, App., 126 N. E. 84.

489. Corporate acts, sworn copy.

Corporate acts and records may be proved by sworn copies. Supreme Tribe etc. v. Kraft, 183 Ind. 427, 109 N. E. 403.

[Acts 1921, p. 59. In force May 31, 1921.]

495a. Certified copies by industrial boards of Indiana.-1. Copies of all papers filed with and of all records, exhibits, awards and orders made by the industrial board of Indiana, when certified by the secretary of said board to be true and complete copies thereof, shall be competent evidence in the several courts of record in the State of Indiana, in all cases in which such original papers, records, awards, exhibits and orders would be competent evidence.