« ПретходнаНастави »
and that the signature thereto is in his own handwrit ing.
L. 1836, ch. 439, 2.
§ 950. Other proof. The judgment and other proceedings, and the justice's authority to render the judg ment, may also be proved, by the production of the docket, or of a copy of the judgment or other proceedings; and the oral testimony of the justice, to the truth and correctness thereof, and to his authority to render the judgment.
951. Proof may be rebutted. The last three sec tions do not prevent the introduction of evidence, to controvert any of the proof, in relation to the validity of a judgment therein specified.
§ 952. Copies of records of courts of foreign countries; how authenticated.-- A copy of a record, or other judicial proceeding, of a court of a foreign country, is evidence, when authenticated as follows:
1. By the attestation of the clerk of the court, with the seal of the court affixed, or of the officer in whose custody the record is legally kept, under the seal of his office.
2. By a certificate of the chief-judge or presiding mag istrate of the court, to the effect, that the person, so attesting the record, is the clerk of the court; or that he is the officer, in whose custody the record is required by law to be kept; and that his signature to the attes tation is genuine.
3. By the certificate, under the great or principal seal of the government, under whose authority the court is held, of the secretary of State, or other officer having the custody of that seal, to the effect, that the court is duly constituted, specifying generally the nature of its jurisdiction; and that the signature of the chief-judge or presiding magistrate, to the certificate specified in the last subdivision, is genuine.
From 2 R. S. 396, 26 (2 Edm. 413), am'd. Sheriff v. Smith, 47 How. (70; Lazier v. Westcott, 26 N. Y. 146; Bromley v. Miller, 2 T. & C. 575; Bouchaud v. Dias, 3 Den. 238.
§ 963. Other proof. A copy of a record, or other ju
dicial proceeding, of a court of a foreign country, attested by the seal of the court, in which it remains, must also be admitted in evidence, upon due proof of the following facts:
1. That the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of the original.
2. That the original was, when the copy was made, in the custody of the clerk of the court, or other officer legally having charge of it.
3. That the attestation is genuine.
2 R. S. 396, 2 27. See Sheriff v. Smith, 47 How. 470.
$954. [Amended, 1877.] This article does not declare effect of record, etc.-Nothing in this article is to be construed, as declaring the effect of a record or other judicial proceeding of a foreign country, authenticated, so as to be evidence.
Id., 28, last clause.
955. [Inserted, 1892.] Public records in New York county. All maps, surveys and official records, which
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 of the departments of said city as enumerated in section thirty-four of the New York city consolidation act (chapter four hundred and ten, laws of eighteen hundred and eighty-two), 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. [In effect May 12, 1892.]
§ 956. [Amended, 1877.] Documents from foreign countries; how authenticated. A copy of a patent, record or other document remaining of record 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 in the public office, and that the copy thereof is correct and certified in due form.
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.
L. 1875, ch. 136, portions of ?? 1, 2, 8, and 9. Mackinnnon v. Barnes, 66 Barb. 91.
50. 957. Form of certificate to copies, etc. 958. Certificate must be sealed.
959. Qualification of last section.
961. Surrogates, clerks, etc., to search files, and to certify, etc,
§ 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 certifi cate, 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 B. S. 403, 59 (2 Edm. 420), am'd. Merritt v. Lyon, 3 Barb, 110.
§ 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. People v. Ransom, 4 Denio, 147.
§ 959. [Amended, 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 court of oyer and terms
960. Repealed, 1892, Ch. 677; ante, li.
§ 961. Surrogates, clerks, etc., to search files, and to certify, etc. A surrogate, county clerk, register, clerk of a court, or other person, having the custody of the records or other papers in a public office, within the State, 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 his 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, of which the custody legally belongs to him, cannot be found. If he refuses, or unreasonably neglects or delays, to make such a search, or to furnish such a transcript or certificate, or makes a false certificate, he is guilty of a misdemeanor.
Ante, § 921.
L. 1847, ch. 470, 40 (4 Edm. 588), am'd. Liability for negligence: See Kimball v. Connolly, 3 Keyes, 57; 8. c., 2 Abb. Ct. App. Dec. 504. See, also, McCaraher v. Com., 5 W. & S. 21; Zeigler v. Com., 12 Penn. St. 227. Liable for default of deputy: Weldder v. Edsell, 2 McLean, 366.
$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.
? B. 8. 397, part of § 28 (2 Edm. 418), and L. 1844, ch. 240, § 2 (4 643).
TRIALS; INCLUDING JURORS AND JURIES,
TITLE L-TRIALS GENERALLY; INCLUDING EXCEF TIONS AND MOTION FOR A NEW TRIAL.
TITLE IL TRIALS WITHOUT A JURY.
TITLE III. — TRIAL JURORS, EXCEPT IN NEW-YORK
AND KINGS COUNTIES; MODE OF SE
TITLE V.-TRIAL BY JURY.
TRIAL JURORS IN NEW-YORK AND KINGS
MISCELLANEOUS PROVISIONS; INCLUDING
Trials generally; including exceptions and motion for a
ARTICLE 1. Issues, and the mode of trial thereof.
3. The place of trial.
3. Exceptions, case, and motion for a new trial.
ISSUES, AND THE MODE OF TRIAL THEREOF
mc. 963. Issues defined; different kinds of issues.
964. When issues of law arise; when issues of fact arise.
966. Order of trial, where issues of law and of fact arise in the same
967. But court may direct the order, etc., of disposition of the issues.
968. What issues of fact are triable by a jury.
10. What issues are triable by the court.