missioner, within the State, for the State, Territory, or foreign country, in which the notice was given, or the proceeding taken; or before the officer designated in the commission, notice, or other paper, by his title of office; at a time and place specified in the subpœna, to testify in the action, suit, or special proceeding.

§ 916. Contents of subpoena. The place where the witness is commanded to attend, must be within the county in which he resides or sojourns, or, if it is in another county, not more than forty miles distant from his residence or the place of his sojourn.

§ 917. Subpoena, when no commission is issued. [AMENDED BY CH. 416 OF 1877.] Where an action, suit, or special proceeding is pending in a court of another State, or of a Territory, or of the United States, and proof is made, by affidavit, to the satisfaction of a justice of the supreme court, or a county judge, as follows:

1. That a person, residing or sojourning within the State, is a material witness for either party.

2. That a commission, to take the testimony of the witness, has not been Issued.

3. That, according to the course and practice of the court, in which the action, suit, or special proceeding is pending, the deposition of a witness, taken as the one applied for is required to be taken, is authorized to be received in evidence on the trial or hearing.

The judge must issue a subpoena, commanding the witness to appear before him, at a specified time, and at a place within the county in which the witness resides or sojourns, to testify in the action, suit, or special proceeding.

§ 918. Justice of the peace may subpoena witness. [AMENDED BY CH. 416 OF 1877.] Where proof is made, by affidavit or otherwise, to the satisfaction of a justice of the peace:

1. That a civil action, suit, or special proceeding is pending in a court of another State, or of a Territory, or of the United States.

2. That a person, residing or sojourning in the town or city in which the justice resides, is a material witness for either party.

3. That according to the practice of the court, in which the action, suit, or special proceeding is pending, the deposition of a witness, taken as the one applied for is required to be taken, is authorized, to be received in evidence on the trial or hearing.

The justice must issue a subpoena, commanding the witness to appear before him, at a specified time, and at a place within the town or city, in which the witness resides or sojourns, to testify in the action, suit, or special proceeding.

§ 919. Taking and return of deposition. The officer before whom a witness appears, in a case specified in this article, must take down his testimony in writing; and must certify and transmit it to the court, in which the action, suit, or special proceeding is pending, as the practice of that court requires.

§ 920. Penalty for not appearing. A person who fails to appear, at the time and place specified in a subpoena, issued as prescribed in this article, and duly served upon him; or to testify; or to subscribe his deposition, when correctly taken down; is liable to the penalties, which would be incurred in a like case, if he was subpoenaed to attend the trial of an action in a justices court; and, for that purpose, the officer, before whom he is required to appear, possesses all the powers of a justice of the peace upon

TITLE IV.

Documentary evidence.

ARTICLE 1. Documentary evidence, as a substitute for oral testimony.

2. Proof of a document executed or remaining within the State.

3. Proof of a document remaining in a court or public office of the United States, or executed or remaining without the State.

ARTICLE FIRST.

DOCUMENTARY EVIDENCE, AS A SUBSTITUTE FOR ORAL TESTIMONY.

SECTION 921. Certain official certificates, evidence.

922. Certificate, etc., on file, evidence.

923. Notary's certificate, evidence.

924. Notary's protest and memorandum; when evidence.

925. Proof of presentment, etc., of foreign bills.

926. Affidavit of printer, etc., evidence.

927. Id.; of service of notice.

928. Marriage certificate, evidence.

929. Book of foreign corporation; when evidence.
930. When a copy thereof is evidence.

931. How copy to be verified.

§ 921. Certain official certificates, evidence. Where the officer, to whom the legal custody of a paper belongs, certifies, under his hand and official seal, that he has made diligent examination, in his office, for the paper, and that it cannot be found, the certificate is presumptive evidence of the fact so certified, as if the officer personally testified to the same.

§ 922. Certificate, etc., on file, evidence. Where a public officer is required or authorized, by special provision of law, to make a certificate or an affidavit, touching an act performed by him, or to a fact ascertained by him, in the course of his official duty; and to file or deposit it in a public office of the State; the certificate or affidavit, so filed or deposited, or an exemplified copy thereof, is presumptive evidence of the facts therein alleged, except where the effect thereof is declared or regulated, by special provision of law.

§ 923. Notary's certificate, evidence. [AMENDED BY CH. 416 OF 1877.] The certificate of a notary public of the State, under his hand and seal of office, of the presentment by him, for acceptance or payment, or of the protest, for non-acceptance or non-payment, of a promissory note or bill of exchange, or of the service of notice thereof on a party to the note or bill; specifying the mode of giving the notice, the reputed place of residence of the party to whom it was given, and the post-office nearest thereto; is presumptive evidence of the facts certified, unless the party, against whom it is offered, has served upon the adverse party, with his pleading, or within ten days after a joinder of an issue of fact, an original affidavit, to the effect, that he has not received notice of non-acceptance, or of non-payment of the note or bill. A verified answer is not sufficient as an affidavit, within the meaning of this section.

$924. Notary's protest and memorandum; when evidence. In case of the death or insanity of a notary public of the State, or of his absence

or removal, so that his personal attendance, or his testimony, cannot be procured, in any mode prescribed by law, his original protest, under his hand. and official seal, the genuineness thereof being first duly proved, is presumptive evidence of a demand of acceptance, or of payment, therein stated; and a note or memorandum, personally made or signed by him, at the foot of a protest, or in a regular register of official acts, kept by him, is presumptive evidence that a notice of non-acceptance or non-payment was sent or delivered, at the time, and in the manner, stated in the note or memorandum.

§ 925. Proof of presentment, etc., of foreign bills. Proof of the presentment, for acceptance or payment, of a promissory note or bill of exchange, payable in another State, or in a Territory, or foreign country, or of a protest of the note or bill, for non-acceptance or non-payment, or of the service of notice thereof, on a party to the note or bill, may be made, in any manner authorized by the laws of the State, Territory, or country where it was payable.

$926. Affidavit of printer, etc., evidence. [AMENDED BY CH. 416 OF 1877.] The affidavit of the printer or publisher of a newspaper, published within the State, or of his foreman or principal clerk, showing the publication of a notice or other advertisement, authorized or required, by a law of the State, to be published in that newspaper, annexed to a printed copy of the notice or other advertisement, may be read in evidence; and is presumptive evidence of the publication, and, also, of the matters stated therein, showing that the deponent is authorized to make the affidavit. But this section does not apply to a case, where the affidavit is required by law to be filed, unless it has been duly filed; or to a case, where the mode of proving a publication is otherwise specially prescribed by law.

§ 927. Id.; of service of notice. Where it is necessary, upon the trial of an action, to prove the service of a notice, an affidavit, showing the service to have been made by the person making the affidavit, is presumptive evidence of the service, upon first proving that he is dead or insane, or that his personal attendance cannot be compelled, with due diligence.

926. Marriage certificate, evidence. [AMENDED BY CH. 542 OF 1879.] An original certificate of a marriage, within the State, made by the minister or magistrate by whom it was solemnized; the original entry thereof, made, pursuant to law, in the office of the clerk of a city or a town within the State; or a copy of the certificate, or of the entry, duly certified, is presumptive evidence of the marriage.

§ 929. Book of foreign corporation; when evidence. Where a party wishes to prove an act or transaction of a foreign corporation; the book or books of the corporation may be used for that purpose, as presumptive evidence, whether any or all of the parties are or are not members of the corporation.

$930. When a copy thereof is evidence. If an original book is not produced at the trial, as prescribed in the last section, a copy thereof, or of an entry therein, verified as prescribed in the next section, may be used, with like effect as the original book; provided that the party, intending to use the copy, gives the adverse party at least ten days' notice of his intention, specifying briefly the nature of the evidence proposed to be given. But this and the next section do not apply, where the foreign corporation is a party to the action, and seeks to prove its own act or transaction, in its own behalf.

§ 931. How copy to be verified. The copy must be verified by the deposition, taken as prescribed by law, or the oral testimony, taken at the trial, of the person who made it, or of a person who has examined and compared it with the original book, or the entry therein. The witness must testify that the copy produced is correct; that he made it, or compared it with the original; and that he then knew that the original book so copied, or containing the entry, was the book of the corporation; or that it was then acknowledged to him to be such, by an officer or receiver of the corporation, or a person having the custody thereof, naming the person who made the acknowledgment; and he must specify where, and in whose custody, the original was then kept.

ARTICLE SECOND.

PROOF OF A DOCUMENT, EXECUTED OR REMAINING WITHIN THE STATE.

SECTION 932. Statutes, etc.; how proved.

933. Copies of records and papers in certain offices, presumptive evidence.

934. Id.; of papers filed with town clerk.

935. Conveyance, when acknowledged, or record, or transcript of record, evidence. 936. Such evidence may be rebutted.

937. What instruments may be acknowledged.

938. Justice's docket and transcript evidence before him.

939. Transcript from justice's docket, evidence generally.
940. Other proof of proceedings before justice.

941. Ordinances, etc., of cities and villages.

§ 932. Statutes, etc., how proved. A statute or joint resolution, passed by the legislature of the state, may be read in evidence from a newspaper, designated as prescribed by law, to publish the same, until six months after the close of the session at which it was passed; and at any time, from a volume printed under the direction of the secretary of state. To entitle any copy of a law published, other than those published under the direction of the secretary of state, to be read in evidence, there shall be contained in the same book or pamphlet, a printed certificate of the secretary of state, that such copy is a correct transcript of the text of the original laws. For such certificate the secretary of state shall collect such a fee as he shall deem just and reasonable. [AM'D BY CH. 594 OF 1895. In effect Sept. 1, 1895.]

$933. Copies of records and papers in certain offices, presumptive evidence. [AMENDED BY CH. 542 or 1879.] A copy of a paper filed, kept, entered, or recorded, pursuant to law, in a public office of the State, the officer having charge of which has, pursuant to law, an official seal; or with the clerk of a court of the State, or with the clerk or secretary of either house of the legislature, or of any other public body or public board created by authority of a law of the State, and having pursuant to law, a seal; or a transcript from a record kept pursuant to law in such a public office or by such a clerk or secretary, is evidence, as if the original was produced. But to entitle it to be used in evidence, it must be certified by the clerk of the court, under his hand and the seal of the court; or by the officer having the custody of the original, or his deputy or clerk, appointed pursuant to law, under his official seal, and the hand of the person certifying; or by the presiding officer, secretary or clerk of the public body or board, appointed pursuant to law, under his hand, and except where it is certified by the clerk or secretary of either house of the legislature, under the official seal of the body or record.

§ 934. Id.; of papers filed with town clerk. A copy of a paper filed, pursuant to law, in the office of a town clerk, or a transcript from a record kept therein, pursuant to law, certified by the town clerk, is evidence, with like effect as the original.

§ 935. Conveyance when acknowledged, or record, or transcript of record evidence. A conveyance, acknowledged or proved, and certified, in the manner prescribed by law, to entitle it to be recorded in the county where it is offered, is evidence, without further proof thereof. Except as otherwise specially prescribed by law, the record of a conveyance, duly recorded within the State, or a transcript thereof, duly certified, is evidence, with like effect as the original conveyance.

§ 936. Such evidence may be rebutted. The certificate of the acknowledgment, or of the proof of a conveyance, or the record, or the transcript of the record, of such a conveyance, is not conclusive; and it may be rebutted, and the effect thereof may be contested, by a party affected thereby. If it appears that the proof was taken upon the oath of an interested or incompetent witness, the conveyance, or the record or transcript thereof, shall not be received in evidence, until its execution is established by other competent proof.

§ 937. What instruments may be acknowledged. Any instrument, except a promissory note, a bill of exchange, or a last will, may be acknowledged or proved, and certified, in the manner prescribed by law for taking and certifying the acknowledgment or proof of a conveyance of real property; and thereupon it is evidence, as if it was a conveyance of real property.

§ 938. Justice's docket and transcript evidence before him. The docket-book of a justice of the peace, within the State, or a transcript thereof, certified by him, is evidence before him, of any matter required by law to be entered by him therein.

§ 939. Transcript from justice's docket, evidence generally. A transcript from the docket-book of a justice of the peace, within the State, subscribed by him, and authenticated, by a certificate of the clerk of the county in which the justice resides, under his hand and official seal, to the effect that the person, subscribing the transcript was, at the date of the judgment therein mentioned, a justice of the peace of that county; and that the clerk is acquainted with his handwriting, and verily believes that the signature to the transcript is genuine; is evidence of any matter stated in the transcript, which is required by law to* entered by the justice in his docket-book.

§ 940. Other proof of proceedings before justice. [AMENDED BY CH. 416 OF 1877.] The proceedings in an action brought, or a special proceeding instituted, before a justice of the peace, within the State, may also be proved by the oath of the justice. In case of his death or absence, they may be proved by the original minutes of the proceedings kept by him, pursuant to law, accompanied with proof of his handwriting; or by a copy of the minutes, sworn to by a competent witness, as having been compared with the original entries, with proof that those entries were in the handwriting of the justice.

$941. Ordinances, et cetera, of cities, villages, et cetera. An act, ordinance, resolution. by-law, rule or proceeding of the common council of a city, or of the board of trustees of an incorporated village, or of a local board of health of a city, town or incorporated village or of a board of supervisors, within the state, may be read in evidence, cither from a copy thereof, certified by the city clerk, village clerk, clerk of the common council, clerk or secretary of the local board of health, or clerk

*So in the original.