955. [Inserted, 1892; am'd, 1904.] Public records in New York county. All maps, surveys and official records, shall have been on record or on file in the office of either the register of the city and county of New York, or the surrogate of said city, or any of the courts of record of said city, or the clerk of the city and county of New York, or any county within the city of New York, or any of the departments of said city as enumerated in section thirty-four of the New York city consolidation act, or in the office of the registers, surrogates, commissioners of public works or kindred department, or park department, for a period of twenty years or upwards prior to such trial, shall be presumptive evidence of their contents, and shall be receivable in evidence as such upon any trial in any of the courts of this state in any controversy pending therein, between any parties. L. 1892, ch. 522; L. 1904, ch. 444. In effect Sept. 1, 1904. § 956. [Am'd, 1877, 1912.] countries; how authenticated. Documents from foreign A copy of a patent, record or other document remaining of record or on file in a public office of a foreign country, certified according to the form in use in that country, is evidence when authenticated, as follows: 1. By the certificate under the hand and official seal of a commissioner appointed by the governor to take the proof or acknowledgment of deeds in that country, to the effect that the patent, record or document is of record or on file in the public office, and that the copy thereof is correct and certified in due form; and 2. By a certificate under the hand and official seal of the secretary of State, annexed to that of the commissioner, to the same effect as prescribed by law for the authentication of the certificate of such a commissioner, upon a conveyance to be recorded within the State. The certificate of the commissioner, thus authenticated, is presumptive evidence that the copy of the patent, record or document is certified according to the form in use in the foreign country; or 3. By a certificate under the hand and official seal of a consular officer of the United States to the effect that the patent, record or document is of record or on file in the public office and certified according to the form in use in the foreign country, and a copy of a patent, record or other document so authenticated is presumptive evidence that the same is certified according to the form in use in the foreign country. L. 1875, ch. 136. portions of §§ 1, 2, 8 and 9. Am'd by L. 1912, ch. 97, in affect Apr. 3, 1912. 231 §§ 957-60 TITLE V. Miscellaneous provisions. Sec. 957. Form of certificate to copies, etc. 958. Certificate must be sealed. 959. Qualification of last section. 960. Evidence, in actions for recovery of, injury to, etc., unoccupied lands and timber thereon. 961. Surrogates to search files, and to certify, etc. nesses. where there are subscribing wit 961c. Proof of payments by a municipal corporation or officer thereof. writing. 961e. Proof of lost execution or writ under which sheriff's sale of real 961f. Evidence of weather conditions. 962. Saving clause. 957. Form of certificate to copies, etc. Where a transcript, exemplification, or certified copy of a record or other paper, is declared by law to be evidence, and special provision is not made for the form of the certificate, in the particular case, the person, authorized to certify, must state, in his certificate, that it has been compared by him with the original, and that it is a correct transcript therefrom, and of the whole of the original. 2 R. S. 403, § 59 (2 Edm. 420), am'd. § 958. Certificate must be sealed. If the officer, or the court, body, or board, in whose custody an original paper, specified in the last section, is required to be, by the laws of the State, or of another state, or of the United States, or of a territory thereof, or of a foreign country, has, pursuant to those laws, an official seal, the certificate must be attested by that seal. If the certificate is made by the clerk of a county, within the State, it must be attested by the seal of the county. Id., remainder of § 59, am'd. § 959. [Am'd, 1877.] Qualification of last section. The last section does not require the seal of a court to be affixed to a certified copy of an order, or of a paper filed therein, or entry made, where the copy is used in the same court, or before an officer thereof; or, in the supreme court, where it is used in a circuit court, or a court of oyer and terminer. Id.. § 60, with the addition of the words "or a terminer." court of oyer and Evidence, in actions § 960. [Added, 1898; am'd, 1906.] for recovery of, injury to, etc., unoccupied lands and timber thereon. In all actions to recover the possession of, or otherwise to determine the title to, or, for trespass upon or injury to unoccupied lands, timber, trees or underwood thereon, except an action in which any county or any state or county officer, board or com 232 mission is a party defendant, the plaintiff may show an unbroken chain of title or conveyance of the land to himself for thirty years next preceding the commencement of the action, or if an action for trespass, next preceding the commission of the trespass or injury, and such proof shall be presumptive evidence of ownership at the times respectively, of the commencement of such action or commission of such trespass or injury, but such presumption may be rebutted by the defendant by showing ownership of said lands at the times respectively, of the commencement of said action or the commission of said trespass or injury, in some person other than the plaintiff. L. 1898, ch. 32; L. 1906, ch. 509. In effect Sept. 1, 1906. § 961. [Am'd, 1909, 1915.] Searching records in the surrogate's offices and certifying in regard thereto. A surrogate's clerk must, upon request, and upon payment of, or offer to pay, the fees allowed by law, or, if no fees are expressly allowed by law, fees at the rate allowed to a county clerk for a similar service, diligently search the files, papers, records and dockets in the surrogate's office; and either make one or more transcripts therefrom, and certify to the correctness thereof, and to the search, or certify that a document or paper cannot be found in such office. L. 1847, ch. 470. § 40 (4 Edm. 588), am'd. See ante, § 921. Am'd by L. 1909, ehs. 65 and 240, § 84. Also partly repealed by L. 1909, chs. 16, 35, 88 and 51. See Consolidated Laws, tits., County Law, § 161, Judiciary Law, 255, Penal Law, § 1874, Public Officers Law, § 66. See note 50 of notes of Board of Statutory Consolidation at end of code. Am'd by L. 1915, ch. 207, in effect Sept. 1, 1915. § 961a. [Added, 1909.] Determining age of child. Whenever in any proceeding or trial it becomes necessary to determine the age of a child, such child may be produced and exhibited to enable the magistrate, court or jury to determine its age by a personal inspection; and such court or magistrate may direct an examination by one or more physicians, whose opinion shall also be competent evidence upon the question of such age. Added by L. 1909, ch. 65. Derivation →→ L. 1882, ch. 340, § 1. See note 8 of notes of Board of Statutory Consolidation at end of code. 961. [Added, 1909.] Proof of written instruments where there are subscribing witnesses. Except in the case of written instruments to the validity of which a subscribing witness, or subscribing witnesses, is, or are necessary, whenever, upon the trial of any action, or upon the hearing of any judicial proceeding, a written instrument is offered in evidence, to which there is a subscribing witness, it shall not be necessary to call such subscribing witness, but such instrument may be proved in the same manner as it might be proved if there were no subscribing witness thereto. Added by L. 1909, ch. 65. Derivation → L. 1883, ch. 195. § 1. See note 9 of notes of Board of Statutory Consolidation at end of code. 961c. (Added, 1909.] Proof of payments by a municipal corporation or officer thereof. In any action or proceeding now pending or hereafter to be brought in any of the courts of this state, the payment of any sum of money by a municipal corporation, or an officer thereof, may be proved by a receipt purporting upon its face to be given §§ 961d-61f ment. therefor, and to entitle such receipt to be read in evidence, no further or other proof shall be necessary than that it is produced from the files of the office of the chief financial officer of such municipal corporation, or from the files of the office of the person or department charged with the duty of making the payEvery such receipt so read in evidence shall be presumptive proof of the fact of the payment to the person by or in whose behalf it purports to be signed of the sum of money and for the purpose therein expressed. But no such receipt shall be entitled to be read in evidence by virtue of the provisions of this section, unless it was given at least six years before the commencement of the action or proceeding in which it shall be And the date or time appearing upon its offered as evidence. face shall be presumptive proof that it was given at such date or time. Nothing in this section contained shall be held to prevent any party to such an action or proceeding from proving affirmatively that the payment so appearing to have been made has not in fact been made. Added by L. 1909, ch. 65. Derivation L. 1884, ch. 376. §§ 1. 2. note 10 of notes of Board of Statutory Consolidation at end of code. 1909.] See Proof of instrument by sub§ 961d. [Added, mitting disputed and genuine handwriting. Comparison of a disputed writing with any writing proved to the satisfaction of the court to be the genuine handwriting of any person, claimed on the trial to have made or executed the disputed instrument, or writing shall be permitted and submitted to the court and jury in like manner. Derivation - L. 1880, ch. 36, § 1, as am'd by See note 11 of notes of Board of Statutory Consolida Added by L. 1909, ch. 65. L. 1888, ch. 555, § 1. tion at end of code. Proof of lost execution or writ § 961e. [Added, 1909.] under which sheriff's sale of real property was made. Whenever, upon the trial of an action it shall appear that at least twenty years theretofore real property has been sold by a sheriff for enforcement of the valid lien thereon of a duly docketed judgment, and that a certificate of the sale has been duly made by the sheriff and filed, and that a conveyance in completion of the purchase has been executed and recorded, but that the execution or writ by virtue of which the sale has so been made can not be found in the office of the clerk with whom the same should have been filed, then and in such case the recital of or reference to such execution or writ contained in the said certificate, or in the said conveyance, or in the record thereof shall be prima facie evidence of the said execution or writ and of the issue of the same as against any party whose claim of title is not shown to have been accompanied or sup ported by peaceable possession of the premises in controversy for at least three years immediately preceding the commence ment of the action. Added by L. 1909, ch. 65. Derivation L. 1890, ch. 158, § 1. See note 12 of notes of Board of Statutory Consolidation at end of code. Evidence of weather conditions. § 961f. [Added, 1909.] Any record of the observations in regard to the conditions of the weather, or in regard to the amount and conditions of the precipitation, taken under the direction of the New York state 234 weather bureau, or any copy thereof, when certified in the form of and pursuant to law by the officer in charge thereof at the place where such record is duly filed, that the same is a true copy of such record, may be read in evidence in any court of this state, and shall be prima facie evidence of the facts and circumstances therein stated. Added by L. 1909, ch. 65. Derivation L. 1897, ch. 622, § 1. See note 13 of notes of Board of Statutory Consolidation at end of code. {962. Saving clause. Nothing in title fourth of this chapter prevents the proof of a fact, act, record, proceeding, document, or other paper or writing, according to the rules of the common law, or by any other competent proof. R. S. 397, part of § 28 (2 Edm. 413), and L. 1846, ch. 240, § 2 (4 Edm. 642). 235 |