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of the board of supervisors; 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. [AM'D BY CH. 203 OF 1894. To take effect September 1, 1894.]

ARTICLE THIRD.

PROOF OF A DOCUMENT REMAINING IN A COURT OR PUBLIC OFFICE OF THE UNITED STATES, OB EXECUTED OR REMAINING WITHOUT THE STATE.

SECTION 942. Printed copies of laws of another State, etc.

943. Copies of records of United States courts.

944. Id.; of documents on file in departments of United States.

945. Record of bill of sale, etc., of vessels.

946. Conveyance of land without the State.

947. Exemplification of record of conveyance of land without the State.

948. Transcript of docket, etc., of justice of adjoining State.

949. Id.; how authenticated.

950. Other proof.

951. Proof may be rebutted.

952. Copies of records of courts of foreign countries; how authenticated.
953. Other proof.

954. This article does not declare effect of record, etc.

*955. Judgments in Canada, presumptive evidence only.

9. Documents from foreign countries; how authenticated.

1-944

§ 942. Printed copies of laws of another State, etc. A printed copy of a statute, or other written law, of another State, or of a territory, or of a 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 admitted, as presumptive evidence of the unwritten or common law thereof.

§ 943. Copies of records of United States courts. A copy of the record, or any other proceeding, 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.

§ 944. Id.; of documents on file in departments of United States. [AMENDED BY CH. 416 OF 1877, AND BY CH. 542 or 1879.] A copy of a record or other paper, remaining in a department of the government of the United States, is evidence, when certified by the head, or acting chief officer, for the time being, of that department; or when certified by the officer in whose charge it is, pursuant to a statute of the United States, or otherwise in accordance with a statute of the United States, relating to certifying the same. The record of the observations of the weather, taken under the direction of the signal service of the United States, when certified by the officer in charge thereof at the place where they were taken and are kept, is presumptive evidence of the matters of fact stated therein.12.

§ 945. Record of bill of sale, etc., of vessels. The record of a bill of sale, mortgage, hypothecation, or conveyance of a vessel, belonging to a port or place, within the United States, recorded in the office of the collector of customs where the vessel is registered or enrolled, which was acknowledged

Stricken out by Ch. 416 of 1877.

or proved, before it was recorded, in like manner as a deed to be recorded within the State; or a transcript of such a record, duly certified by the collector; is evidence, with the like effect as the original.

§ 946. Conveyance of land without the State. A conveyance of real property, situated without the State, acknowledged or proved, and certified, in like manner as a deed to be recorded within the county wherein it is offered in evidence, is evidence, without further proof thereof, as if it related to real property situated within the State. A conveyance of real property, situated within another State, or a Territory of the United States, which has been duly authenticated, according to the laws of that State or Territory, so as to be read in evidence in the courts thereof, is evidence in like manner.

947. Exemplification of record of conveyance of land without the State. An exemplification of the record of a conveyance of real property situated without the State, and within the United States, which has been recorded in the State or Territory, where the real property is situated, pursuant to the laws thereof, when certified under the hand and seal of the officer, having the custody of the record, is, if the original cannot be produced, presumptive evidence of the conveyance, and of the due execution thereof.

§ 948. Transcript of docket, etc., of justice of adjoining State. A transcript from the docket-book of a justice of the peace, within an adjoining State, of a judgment rendered by him; a transcript of his minutes of the proceedings in the cause, previous to the judgment; or of an execution issued thereon; or of the return of an execution; when subscribed by the justice, and authenticated as prescribed in the next section, is presumptive evidence of his jurisdiction in the cause, and of the matters shown by the transcript.

§ 949. Id.; how authenticated. Such a transcript must be authenticated. by a certificate of the justice, annexed thereto, to the effect, that it is in all respects correct, and that he had jurisdiction of the cause; and also by a certificate of the clerk or prothonotary of the county, in which the justice resided at the time of rendering the judgment, under his hand and the seal of the court of common pleas, or other county court of the county, to the effect that the person, subscribing the certificate attached to the transcript, was, at the date of the judgment, a justice of the peace of that county; and that the signature thereto is in his own handwriting.

$950. Other proof. The judgment and other proceedings, and the justice's authority to render the judgment, 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 sections 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 magistrate of the court to the effect that the person so attesting the record, is the clerk of the court;.

$$ 953-957.

DOCUMENTARY EVIDENCE.

Tit. 5, Ch. 9. or that he is the officer in whose custody the record is required by law to be kept; and that his signature to the attestation 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.

§ 953. Other proof. A copy of a record, or other judicial 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.

$954. This article does not declarc effect of record, etc. [AMENDED BY CH. 416 OF 1877.] 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.

§ 955. 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 34 of the New York city consolidation act (chapter 410, laws of 1882) 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. [Inserted by ch. 522 of 1892.]

§ 956. Documents from foreign countries; how authenticated. [AMENDED BY CH. 416 OF 1877.] 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 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.

TITLE V.

Miscellaneous provisions.

SECTION 957. Form of certificate to copies, etc.

958. Certificate must be sealed.

959. Qualification of last section.

960. Public or corporate seal may be stamped.

961. Surrogates, clerks, etc., to search files, and to certify, etc.

962. Saving clause.

1962

§ 957. Form of certificate to copies, etc. Where a transcript, exem plification, or certified copy of record or other paper, is declared by law

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.

§ 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.

$959. Qualification of last section. [AMENDED BY CH. 416 OF 1877] The last section does not require the seal of a court to be affixed to a certified copy of ar. 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.

§ 960. Public or corporate seal may be stamped. [AMENDed by Ch. 416 OF 1877.] Where a seal of a public officer, or of a corporation, is authorized or required by law, it may be impressed directly on the paper. [REPEALED BY CH. 677 of 1892.]

$ 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.

$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.

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189

TITLE

TITLE

CHAPTER X.

TRIALS, INCLUDING JURORS AND JURIES.

I.-TRIALS GENERALLY; INCLUDING EXCEPTIONS AND MOTION FOR

A NEW TRIAL.

11.-TRIALS WITHOUT A JURY.

TITLE III.—TRIAL JURORS, EXCEPT IN NEW YORK AND KINGS COUNTIES; MODE OF SELECTING THEM, AND OF PROCURING THEIR ATTENDANCE.

TITLE IV.-TRIAL JURORS IN NEW YORK AND KINGS COUNTIES; MODE OP SELECTING THEM, AND OF PROCURING THEIR ATTENDANCE.

TITLE V.-TRIAL BY JURY.

TITLE VI.-MISCELLANEOUS PROVISIONS; INCLUDING THOSE RELATING TO

EMBRACERY AND OTHER ACTS OF MISCONDUCT.

TITLE I.

Trials generally; including exceptions and motion for a new trial.

ARTICLE 1. Issues, and the mode of trial thereof.

2. The place of trial.

3. Exceptions, case, and motion for a new trial.

ARTICLE FIRST.

ISSUES, AND THE MODE OF TRIAL THEREOF.

SECTION 963. Issues defined; different kinds of issues.

964. When issues of law arise; when issues of fact arise.

65. Issues to be judicially examined by a trial.

966. Order of trial, where issues of law and of fact arise in the same action. 967. But court may direct the order, etc., of disposition of the issues.

968. What issues of fact are triable by a jury.

969. What issues are triable by the court.

970. Order for trial by jury, of specific questions of fact, when of right.
971. Id.; when discretionary.

972. Trial of the remainder of the issues.

*973. Mode of trial, where complaint demands alternative judgments.

974. Counter-claim to be deemed an action, within the foregoing sections.
975. Immaterial issues need not be tried.

976. What issues to be tried before one judge; regulation of trial in the supreme

court.

977. Notice of trial and note of issue. Calendar to be prepared.

978. Order of disposition of issues at a jury term.

979. Id.; when a jury does not attend.

980. Either party may bring issue to trial.

981. What papers to be furnished on trial, and by whom.

* Stricken out by Ch. 416 of 1877.

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