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ART. 8.-Of the examination of witnesses, of certain rules of evidence, and of evidence in certain cases.

ART. 9.-Of the administration of oaths and affirmations.

ART. 7.




SEC. 56-62. [Repealed.]

63. Clerks, etc., to receive papers offered for safe keeping.

64. Papers, how to be endorsed, filed and kept.

65. Not to be delivered out, except in certain cases.

66. But open to public examination.

67. Certain officers to receive wills, for safe keeping.

68. Will how to be enclosed and endorsed; not to be opened, etc.

69. To whom will to be delivered.

70. Surrogate to open will on death of testator, etc.

[Sections 56-62 were repealed by L. 1877, ch. 417.]


offered for


§ 63. The clerk of every county in this state, and the register of Papers deeds in the city and county of New York, upon being paid the safe keepfees allowed therefor by law, shall receive and deposit in their inve offices respectively, any deeds, conveyances, wills, or other papers or documents, which any person shall offer to them for that purpose; and shall give to such person a written receipt therefor. $64. Such instruments, papers and documents, shall be properly How to be endorsed, so as to indicate their general nature and the names of and kept. the parties thereto, shall be filed by the officer receiving the same, stating the time when received, and shall be deposited and kept by him and his successor in office, with his official papers, in some place separate and distinct from such papers.



65. The instruments, papers and documents so received and Not to be deposited, shall not be withdrawn from such office, except on the out, &c. order of some court of record, for the purpose of being read in evidence in such court, and then to be returned to such office; nor shall they be delivered without such order, to any person, unless upon the written order of the person or persons who deposited the same, or their executors or administrators.


§ 66. Such instruments, papers and documents so deposited, shall May be exbe open to the examination of any person desiring the same, upon publicly. payment of the fees allowed by law.


67. The clerk of every county in this state, the register of deeds wills to be in the city and county of New York, and the surrogate of every for safe county, upon being paid the fees allowed therefor by law, shall keeping. receive and deposit in their offices respectively, any last will or tes- [405] tament which any person shall deliver to them for that purpose, and shall give a written receipt therefor to the person depositing the


sealed up,

§ 68. Such will shall be enclosed in a sealed wrapper, so that the Will to be contents thereof cannot be read, and shall have endorsed thereon &c. the name of the testator, his place of residence, and the day, month and year when delivered; and shall not, on any pretext whatever, be opened, read or examined, until delivered to a person entitled to the same, as herein after directed.


To whom

to be delivered.

Will, when to be



§ 69. Such will shall be delivered only,

1. To the testator in person: or,

2. Upon his written order, duly proved by the oath of a subscribing witness: or,

3. After his death, to the persons named in the endorsement on the wrapper of such will, if any such endorsement be made thereon:


4. If there be no such endorsement, and if the same shall have been deposited with any other officer than a surrogate, then to the, surrogate of the county.

§ 70. If such will shall have been deposited with a surrogate, or opened by shall have been delivered to him as above prescribed, such surrogate, after the death of the testator, shall publicly open and examine the same, and make known the contents thereof, and shall file the same in his office, there to remain until it shall have been duly proved, if capable of proof, and then to be delivered to the person entitled to the custody thereof; or until required by the authority [406, 407] of some competent court to produce the same in such court.

L. 1877, Chap. 311-An act in relation to corporations or joint-stock companies of other states, territories, or dominion of Canada.

Evidence of corporate existence of foreign corporations. SECTION 1. Whenever, by the laws of any other state or territory, or the dominion of Canada, a copy of the certificate of organization or incorporation or any other certificate, certified or exemplified by any officer or officers in such state or territory or dominion, is, or shall be prima facie evidence of the due formation, creation, existence, organization or capacity of any corporation or joint-stock company, created, organized or located in such state, territory or dominion, or claiming so to be, such certificate or certificates, duly exemplified, or a duly exemplified copy thereof, shall be received in all actions and proceedings in this state, in or before all courts and officers, with the same force and effect in all respects as prima facie evidence as aforesaid, as in such other state, territory or dominion.

L.1877, Chap. 319-An act making certified copies of records in the offices of the comptroller of the state of New York and the treasurer of the state of New York evidence in the courts of this state.

Evidence. SECTION 1. Copies of all the official records in the offices of the comptroller and treasurer of this state, certified by the officer in whose office they are kept, shall in all cases be evidence equally and in like manner as the originals.

L. 1878, Chap. 219-An act in relation to evidence in civil and criminal


Evidence of acts, ordinances, etc., of municipal corporations. SECTION 1. Any act, ordinance, resolution, by-law, rule or proceeding of the common council of a city, or any of the board of trustees of an incorporated village, or of a board of supervisors of county within this state, and any recital of occurrences taking place at the sessions of any thereof, may be read in evidence on any trial, examination or proceeding, whether civil or criminal, either from a copy thereof certified by the

clerk of the city, village, common council or board of supervisors, or from a volume printed by authority of the common council of the city or board of supervisors of the county, or of the board of trustees of any incorporated village. [Thus amended by L. 1879, ch. 211.]

Printed volume to be received in evidence when certified. § 2. Whenever the proceedings of the board of supervisors of any county are printed in a volume by authority of the board of supervisors; the volume so printed, and duly certified by the chairman and clerk of the said board of supervisors to be a true record of such proceedings, shall be and constitute the book of records of the said board. [Thus amended by L. 1884, ch. 327.]

L. 1880, Chap. 135 – An act to simplify the proof of the Sanitary Code in the city of New York.

"Sanitary Code" defined; how to be proved. SECTION 1. The Sanitary Code adopted and declared as such at a meeting of the board of health of the health department of the city of New York, held in the city on the second day of June, one thousand eight hundred and seventy-three, is hereby declared to be the Sanitary Code mentioned and described in section eighty-two of an act entitled "An act to reorganize the local government of the city of New York," passed April thirtieth, eighteen hundred and seventy-three, and in all courts of justice or judicial proceedings proof of the said Sanitary Code, and of the proceedings of such board of health in relation thereto, by the production of the book of minutes of such meeting held as aforesaid, or a transcript of the record of such proceedings duly authenticated by the secretary of said board of health, shall be held and taken as complete and valid evidence of the said Sanitary Code, its due adoption, enactment and publication, and such Sanitary Code shall be deemed in full force and operative in the city of New York, save as duly modified or repealed by the said board of health.



[This entire article repealed by L. 1887, ch. 417, and L. 1880, ch. 245.]

Subsequent acts on this subject.

L. 1880, Chap. 36— An act to amend the law of evidence and practice on civil and criminal trials.

Comparison of disputed writings. SECTION 1. Comparison of a disputed writing, with any writing proved to the satisfaction of the court to be genuine, shall be permitted to be made by witnesses in all trials and proceedings, and such writings and the evidence of witnesses respecting the same may be submitted to the court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.

28 Hun, 403; 95 N. Y., 73; 42 Hun, 270.

The same. § 2. 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. But nothing within contained shall affect or apply to any action or proceeding heretofore commenced or now pending. [This section added by L. 1888, ch. 555.]

L. 1882, Chap. 340 – An act relating to the proof of age of children. Age how to be determined. SECTION 1. 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.

L. 1883, Chap. 88 - An act to enable courts of justice to receive in evidence in actions or proceedings involving a question as to the situs of any lot of the common dands, so called, in the city of New York, certain evidence heretofore received in causes involving such a question. Evidence in certain former suits to be received. SECTION 1. In any pending or future action or proceeding involving a question as to the situs of any lot of the common lands, so called, in the city of New York, the court may, upon the offer of any party, receive in evidence any evidence which was received in the action heretofore prosecuted in the superior court of the city of New York, by Russell D. Miner, and continued by the personal representatives of the said Russell D. Miner, deceased, against the mayor, aldermen and commonalty of the city of New York, or in the action in said court between certain heirs-at-law of the said Russell D. Miner, deceased, and Jacob Scholle and others, and also the deposition of Isaac T. Ludlam, deceased, verified before E. Henry Lacombe, as referee, upon the fourteenth day of November, eighteen hundred and seventy-eight, in an action in the said court by Hester Sherman and others, against Thomas Kane and others; provided that the testimony of a witness shall not be admissible, under the provisions of this act, until the court is satisfied that such witness has heretofore died; and provided further, that no provision of this act shall give to any documentary evidence introduced in connection with any former testimony any greater or different effect than may be due to it by reason of the testimony relative thereto.

How to be introduced. § 2. Such evidence may be introduced, as before provided, in any mode established by the practice of the courts for the introduction of testimony given upon a former trial, by a witness who has since died, or by reading from the printed cases on appeal, heretofore filed in the office of the clerk of the superior court of the city of New York.

L. 1883, Chap. 195–An act relating to the proof of instruments in writing. Subscribing witness need not be called. SECTION 1. 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, civil or criminal, 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.

L. 1884, Chap. 376 – An act relating to proof of payments made by or in behalf of municipal corporations in this state.

Payment may be proved by receipt of officer. SECTION 1. 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 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 payment. Every 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 act, unless it was given at least six years before the commencement of the action or proceeding in which it shall be offered as evidence. And the date or time appearing upon its face shall be presumptive proof that it was given at such date or time.

Proof not conclusive. § 2. Nothing in this act 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.

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Of the Powers and Duties of Sheriffs, Coroners and other Officers, in the
Arrest and Imprisonment of Persons in civil Actions; in the Return and
Execution of Process; and in certain other Cases.

ART. 1.-Of the arrest of persons on civil process.

ART. 2.-Of the imprisonment of persons arrested on civil process.
ART. 3.-Of the liberties of jails, and admitting prisoners thereto.

ART. 4.-Of escapes, and the liabilities of sheriffs therefor.

ART. 5.-Proceedings on the election or appointment of a new sheriff

ART. 6.-Of the duties of sheriffs, in the execution and return of process.

ART. 7.-Proceedings in case of resistance to the execution of process.

ART. 8.-Provisions concerning the duties of coroners in executing civil process, in cases where sheriffs are parties.

ART. 9.-Provisions concerning persons committed under the authority of courts of the United States, to jails within this state.

[This entire title was repealed by L. 1877, ch. 417.]



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