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$$ 928–931

DOCUMENTARY EVIDENCE.

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vice to have been made by the person making the affidavit, is prestinptive 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. [Am'd 1879.) An original certificate of a marriage, within the State, marie by the minister or magistrate by whom it was solemnized; the original entry thereof, made, pursuant to law, in the office of the clerk of a city or town within the State; or a copy of the certificate, or of the entry, duly certi. fied, is presumptive evidence of the marriage.

8 929. Where a party wishes to prove an act or transaction of a foreign corporation, the book or books of the cor. poration may be used for that purpose, as presumptive evidence, whether any or all of the parties are or are not members of the corporation.

$930. If an original book is not produced at the trial, as 73 Hun, 388. 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, specifying briefly the nature of the evidence proposed to be given. But this and the next sectiou 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.

2931. The copy must be verified by the deposition, taken 78 Hun, 388. es prescribed 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.

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$ 932. [Am'd 1877, 1895, amendment to take effect September 1, 1895.) A statute or joint resolution, passed by the legislature of the State, may be read in evidence from a newspaper, designated as prescribed 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. To entitle any copy of a law published, other than those published under the direction of the secretary of state, to be rend in evidence, there shall be contained in the same book or painphlet, a printed certificate of the secretary of state, that such copy is a correct transcript of the text of the original laws. For such certificate the secretary of state shall collect such a fee as he shall deem just and reasonable.

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24 N. Y.'State $ 933. [-4m'd 1879.) A copy of a paper filed, kept, en. Rep. 921 tered, or recorded, pursuant to law, in a public office of the 133 8. Y. 179. State, the officer having charge of which has, pursuant to law 153 N.Y. 381,

an official seal; or with the clerk of a court of the State, or with the clerk or secretary of either house of the Legislature, or of any other public body or public board, created by authority of a 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 is 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 his deputy or clerk, appointed pursuant to law, under his official seal, and the hand of the person certifying ; 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 town clerk, or a transcript from a record kept therein, pursuant to law, certified by the town clerk, is evidence, with like effect as the original.

$ 935. A conveyance, acknowledged or proved, and cer121 N. Y. 477. 140 N. Y. 445.

tified in the manner prescribed by law, to entitle it to be re

corded in the county where it is offered, is evidence, without 149 N. Y. 71. further proof thereof. Except as otherwise specially pre

scribed by law, the record of a conveyance, duly recorded, within the State, or a transcript thereof, duly certified, is evi

dence, with like effect as the original conveyance. 121 N. Y. 477

$ 936. The certificate of the acknowledgment, or of the 135 N. Y. 326. proof of a conveyance, or the record, or the transcript of the 119 N. Y. 71. record, of such a conveyance, is not conclusive ; and it may

be rebutted, and the effect 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 onveyance, or the record or transcript thereof, shall not be received in evidence, until its execution is established by

other competent proof. 137 N. Y. 329. $ 937. Any instrument, except a promissery note, a bill 140 N.Y. 445, of exchange, or a last will, may be acknowledged, or proved,

and certified, in the manner prescribed by law for taking and certifying the acknowledgement or proof of a conveyance of real property; and thereupon it is evidence, as if it was a

conveyance of real property. 5 Misc. 533. S 938. The docket-book of a justice of the peace, within

the State, or a transcript thereof, certified by him, is evidence before him, of any matter required by law to be entered by him therein.

$ 939. A transcript from the docket-book of a justice of the peace, within the State, subscribed by him, and authenticated, by a certificate of the clerk of the county in which the justice resides, under his hand and official seal, to the effect, that the person, subscribing the transcript, was, at the date of the judgment therein mentioned, a justice of the peace of that county; and that the clerk is acquainted with his hand writing, and verily believes that the signature to the tran

i Misc. 533.

script 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 (Am’d 1877.] The proceedings in an action brought, or a special proceeding instituted, before a justice of the peace, within the State, may also be 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.

$ 941. [Am'd 1877, 1894.) An act, ordinance, resolution, 15 Misc. 325 by-law, rule or proceeding of the common council of a city, or of the board of trustees of an incorporated village, or of a local board of bealth of a city, town or 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, viliage clerk, clerk of the common council, clerk or Secretary of the local board of health, or clerk of the board of sapervisors; or from a volume printed by authority of the common council of the city, or the board of trustees of the village or the local board of health of the city, town or village, or the board of supervisors.

ARTICLE THIRD.
PROOF OF A DOCUMENT, REMAINING IN A COURT OR PUBLIC

OFFICE OF THE UNITED STATES, OR EXECUTED OR REMAIN

ING WITHOUT THE STATE. 1942. Printed copies of laws of

of justice of adjoining another State, etc.

State. 913. Copies of records of United 2 949. Id.; how authenticated.

950. Other proof. 944. Id.; of documents on file 951. Proof may be rebutted. in departments of United 952. Copies of records of courts

of foreig! countries; how 945. Record of bill of sale, etc.,

authenticated. of vessels.

953. Other proof. 946. Conveyance of land with- 954. This article does not de. out the State.

clare effect of record, etc. 947. Exemplification of record 956. Documents from foreign of conveyance of land

countries; how authentiwithout the State.

cated. 948. Trancript of docket, etc.,

$ 942. A printed copy of a statute, or other written law, 157 N. Y. 437. of another State, or of a Territory, orofa 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 admit. ted, as presumptive evidence of the unwritten or common law thereof.

$ 943. A copy of the record, or any other proceeling, of a court of the United States, is evidence, when certified by The clerk or officer, in whose custody it is required by law to be.

• So in orixinal.

States courts.

States.

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