1910. The parties are deemed to be the same when those between whom the evidence is offered were on opposite sides in the former case, and a judgment, or other determination, could in that case have been made between them alone, though other parties were joined with both or either.

1911. That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto.

1912. Whenever, pursuant to the last four sections, a party is bound by a record, and such party stands in the relation of a surety for another, the latter is also bound from the time that he has notice of the action or proceeding, and an opportunity at the surety's request to join in the defense.

1913. The effect of a judicial record of a sister state is the same in this state as in the state where it was made, except that it can only be enforced here by an action or special proceeding; and except, also, that the authority of a guardian or committee, or of an executor or administrator, does not extend beyond the jurisdiction of the government under which he was invested with his authority.

1914. The effect of the judicial record of a court of admiralty of a foreign country is the same as if it were the record of a court of admiralty of the United States.

1915. The effect of the judgment of any other tribunal of a foreign country having jurisdiction to pronounce the judgment, is as follows:

1. In case of a judgment against a specific thing, the judgment is conclusive upon the title to the thing.

2. In case of a judgment against a person, the judgment is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title, and can only be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.

1916. Any judicial record may be impeached by evidence of a want of jurisdiction in the court or judicial officer, or collusion between the parties, or of fraud in the party offering the record, in respect to the proceedings.

1917. The jurisdiction sufficient to sustain a record is jurisdiction over the cause, over the parties, and over the thing, when a specific thing is the subject of the judgment.

1918. Other official documents may be proved, as follows: 1. Acts of the executive of this state, by the records of the

state department of the state; and of the United States, by the records of the state department of the United States, certified by the heads of those departments respectively. They may also be proved by public documents, printed by the order of the legislature or congress, or either house thereof;

2. The proceedings of the legislature of this state, or of congress, by the journals of those bodies respectively, or either house thereof, or by published statutes or resolutions, or by copies certified by the clerk, or printed by their order;

3. The acts of the executive, or the proceedings of the legislature of a sister state, in the same manner;

4. The acts of the executive, or the proceedings of the legislature of a foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some public act of the executive of the United States;

5. Acts of a municipal corporation of this state, or of a board or department thereof, by a copy, certified by the legal keeper thereof, or by a printed book published by the authority of such corporation;

6. Documents of any other class in this state, by the original, or by a copy, certified by the legal keeper thereof;

7. Documents of any other class in a sister state, by the original, or by a copy, certified by the legal keeper thereof, together with the certificate of the secretary of state, judge of the supreme, superior, or county court, or mayor of a city of such state, that the copy is duly certified by the officer having the legal custody of the original;

8. Documents of any other class in a foreign country, by the original, or by a copy certified by the legal keeper thereof, with a certificate under seal, of the country or sovereign, that the document is a valid and subsisting document of such country, and that the copy is duly certified by the officer having the legal custody of the original;

9. Documents in the departments of the United States government, by the certificate of the legal custodian thereof. [Amendment, approved March 24, 1874; in effect July 1, 1874.

1919. A public record of a private writing may be proved by the original record, or by a copy thereof, certified by the legal keeper of the record.

1920. Entries in public or other official books or records, made in the performance of his duty by a public officer of this

state, or by another person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts stated therein. [Amendment, approved March 24, 1874; in effect July 1, 1874.

1921. A transcript from the record or docket of a justice of the peace of a sister state, of a judgment rendered by him, of the proceedings in the action before the judgment, of the execution and return, if any, subscribed by the justice and verified in the manner prescribed in the next section, is admissible evidence of the facts stated therein.

1922. There must be attached to the transcript a certificate of the justice that the transcript is in all respects correct, and that he had jurisdiction of the action, and also a further certificate of the clerk or prothonotary of the county in which the justice resided at the time of rendering the judgment, under the seal of the county, or the seal of the court of common pleas or county court thereof, certifying that the person subscribing the transcript was, at the date of the judgment, a justice of the peace in the county, and that the signature is genuine. Such judgment, proceedings, and jurisdiction may also be proved by the justice himself, on the production of his docket, or by a copy of the judgment, and his oral examination as a witness.

1923. Whenever a copy of a writing is certified for the purpose of evidence, the certificate must state in substance that the copy is a correct copy of the original, or of a specified part thereof, as the case may be. The certificate must be under the official seal of the certifying officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such court. [Amendment, approved March 24, 1874; in effect July 1, 1874.

1924. The provisions of the preceding sections of this artiticle applicable to the public writings of a sister state, are equally applicable to the public writings of the United States, or a territory of the United States. [Amendment, approved March 24, 1874; in effect July 1, 1874.

1925. A certificate of purchase, or of location, of any lands in this state, issued or made in pursuance of any law of the United States, or of this state, is primary evidence that the holder or assignee of such certificate is the owner of the land described therein; but this evidence may be overcome by proof that, at the time of the location, or time of filing a pre-emption claim on which the certificate may have been issued, the land was in the adverse possession of the adverse party, or those

under whom he claims, or that the adverse party is holding the land for mining purposes.

1926. An entry made by an officer, or board of officers, or under the direction and in the presence of either, in the course of official duty, is prima facie evidence of the facts stated in such entry. [Amendment, approved March 24, 1874; in effect July 1, 1874.

ARTICLE III.

PRIVATE WRITINGS.

SECTION 1929. Private writings classified.

1930. Seal defined.

1931. Manner of making it.

1932. Distinction between sealed and unsealed instruments abol

ished.

1933. Execution of an instrument defined.

1934. Compromise of a debt without seal good.

1935. Subscribing witness defined.

1936. Books, maps, etc., how far evidence.

1937. Original writing to be produced or accounted for.

1938. When in possession of adverse party, notice to be given.

1939. Writings called for and inspected may be withheld.

1940. Writing, how may be proved.

1941. Other witnesses may also testify.

1942. When evidence of execution not necessary.

1943. Evidence of handwriting.

1944. Allowed by comparison.

1945. Same.

1946. Entries of decedent's evidence in specified cases.

1947. Copies of entries also allowed.

1948. Private writings acknowledged and certified.

1949. Repealed.

1950. Public records not to be carried about.

1951. Certified copies, etc., admissible without further proof.

1929. Private writings are either:

1. Sealed; or,

2. Unsealed.

1930. A seal is a particular sign, made to attest, in the most formal manner, the execution of an instrument.

1931. A public seal in this state is a stamp or impression made by a public officer with an instrument provided by law, to attest the execution of an official or public document, upon the paper, or upon any substance attached to the paper, which is capable of receiving a visible impression. A private seal may be made in the same manner by any instrument, or it may be made by the scroll of a pen, or by writing the word "seal”

against the signature of the writer. A scroll or other sign, made in a sister state or foreign country, and there recognized as a seal, must be so regarded in this state. [Amendment, approved March 24, 1874; in effect July 1, 1874.

1932. There shall be no difference hereafter, in this state, between sealed and unsealed writings. A writing under seal may therefore be changed, or altogether discharged, by a writing not under seal. [Amendment, approved March 24, 1874; in effect July 1, 1874.

1933. The execution of an instrument is the subscribing and delivering it, with or without affixing a seal.

1934. An agreement in writing without a seal, for the compromise or settlement of a debt, is as obligatory as if a seal were affixed.

1935. A subscribing witness is one who sees a writing executed or hears it acknowledged, and at the request of the party thereupon signs his name as a witness.

1936. Historical works, books of science or art, and published maps or charts, when made by persons indifferent between the parties, are prima facie evidence of facts of general notoriety and interest. [Amendment, approved March 24, 1874; in effect July 1, 1874.

1937. The original writing must be produced and proved, except as provided in sections 1855 and 1919. If it has been lost, proof of the loss must first be made before evidence can be given of its contents. Upon such proof being made, together with proof of the due execution of the writing, its contents may be proved by a copy, or by a recital of its contents in some authentic document, or by the recollection of a witness, as provided in section 1855.

1938. If the writing be in the custody of the adverse party, he must first have reasonable notice to produce it. If he then fail to do so, the contents of the writing may be proved as in case of its loss. But the notice to produce it is not necessary where the writing is itself a notice, or where it has been wrongfully obtained or withheld by the adverse party.

1939. Though a writing called for by one party is produced by the other, and is thereupon inspected by the party calling for it, he is not obliged to produce it as evidence in the case. 1940. Any writing may be proved either:

1. By any one who saw the writing executed; or,

2. By evidence of the genuineness of the handwriting of the maker; or,