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.

Id., § 2.

§ 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. L. 1836, eh. 439, § 3.

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.

Id., § 4.

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; 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.

From 2 R. S. 396, § 26 (2 Edm. 413), am'd.

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.

id., § 27.

954. [Am'd, 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; am'd, 1904.] Public records in New York county.

All maps, surveys and official records, 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 county within the city of New York, or any of the departments of said city as enumerated in section thirty-four of the New York city consolidation act, 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.

L. 1892, ch. 522; L. 1904, ch. 444. In effect Sept. 1, 1904,

§ 956. [Am'd, 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.

240

TITLE V.

Miscellaneous provisions:

e. 957. Form of certificate to copies, etc.

358. Certificate must be sealed.

939. Qualification of last section.

900. Evidence, in actions for recovery of, injury to, etc., unoccupied lands and timber thereon.

961. Surrogates, clerks, etc., to search files, and to certify, etc. 962. Saving clause.

1957. 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 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.

2 R. S. 403, § 59 (2 Edm. 420), am'd.

1958. Certificate must be sealed.

If the officer, or the court, body, or board, in whose custody an riginal 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, r of a territory thereof, or of a foreign country, has, pursuant to those laws, an official seal, the certificate must be attested by at 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.

1959. [Am'd, 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.

14., § 60, with the addition of the words "or a court of oyer and termine. { 960. [Added, 1898; am'd, 1906.] Evidence, in actions for recovery of, injury to, etc., unoccupied lands and timber thereon.

In all actions to recover the possession of, or otherwise to determine the title to, or, for trespass upon or injury to unoccupied lands, timber, trees or underwood thereon, except an action in which any county or any state or county officer, board cr commission is a party defendant, the plaintiff may show an unbroken eitin of title or conveyance of the land to himself for thirty years test preceding the commencement of the action, or if an action for trespass, next preceding the commission of the trespass or injury, and such proof shall be presumptive evidence of ownership at the times respectively, of the commencement of such

action or commission of such trespass or injury, but such presumption may be rebutted by the defendant by showing ownership of said lands at the times respectively, of the commencement of said action or the commission of said trespass or injury, in some person other than the plaintiff.

L. 1898, ch. 32; L. 1906, ch. 509. In effect Sept. 1. 1906.

§ 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.

L. 1847, ch. 470, § 40 (4 Edm. 588), am'd. See ante, § 921. § 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.

2 R. S. 397, part of § 28 (2 Edm. 413), and L. 1846, ch. 240, § 2 (4 Edm. $42). 242

CHAPTER X.

Trials; Including Jurors and Juries.

TITLE I. Trials Generally; Including Exceptions and Motion for a Now Trial.

WITLE II.-Trials without a Jury.

TITLE III-Tria: Jurors, Except in New-York and Kings Counties; Mode of Selecting Them, and of Procuring Thei. Attendance.

TITLE IV.-Trial Jurors in New York and Kings Counties; Mode of Selecting Them, and of Procuring Their Attendance.

TITLE V.-Trial by Jury.

ITLE VL-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.

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

ARTICLE FIRST.

Issues, and the mode of trial thereof.

c. 963. Issues defined; different kinds of issues.

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

965. 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. 98. What issues of fact are triable by a jury.

9. 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. Separate trial of one or more issues.

974. Counterclaim 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. Issnes how arranged. Order of disposition at a jury term.

$79. Id.; when a jury does not attend.

80. Either party may bring issue to trial.

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

1963. Issues defined; different kinds of issues.

The issues, treated of in this chapter, are those only which are presented by the pleadings. An issue arises where a fact, or a conclusion of law, is maintained by one party, and controverted by the other. Issues are of two kinds:

1. Of law; and

2. Of fact.

Co. Proc., 248, am'd