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arsenal in Central park under the direction of the meteorological and astronomical observatory of the city of New York, when duly certified by the official in charge thereof, or his deputy, shall be presumptive evidence of the facts set forth therein, and shall be received in evidence on the trial of any action in all the courts of this state.
L. 1846, ch. 240, § 1 (4 Edm. 641), am'd and L. 1879, ch. 299; L. 1899, ch. 99; L. 1907, ch. 252. In effect May 20, 1907.
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 or proved, before it was recorded, in like manner as a ueed 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.
L. 1862, ch. 251 (4 Edm. 646), as am'd by L. 1865, ch. 512.
§ 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.
1 R. S. 761, § 27 (1 Edm. 712), am'd.
§ 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 eviCence of the conveyance, and of the due execution thereof. Analogous to L. 1864, ch. 311 (6 Edm. 254).
§ 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.
From L 1836, ch. 439, § 1 (4 Edm. 639).
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 he a certificate of the clerk or prothonotary of the county, in whic the justice resided at the time of rendering the judgment, under his bend and 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.
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, ch. 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 specifed 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 cus tody 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.
1955. [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, 1912.] countries; how authenticated.
Documents from foreign
A copy of a patent, record or other document remaining of record or on file 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 or on file in the public office, and that the copy thereof is correct and certified in due form; and 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; or
3. By a certificate under the hand and official seal of a consular officer of the United States to the effect that the patent, record or document is of record or on file in the public office and certified according to the form in use in the foreign country, and a copy of a patent, record or other document so authenticated is presumptive evidence that the same is certified according to the form in use in the foreign country.
L. 1875, ch. 136, portions of §§ 1, 2, 8 and 9. effect Apr. 3, 1912.
Am'd by L. 1912, ch. 97. in
Sec. 957. Form of certificate to copies, etc.
958. Certificate must be sealed.
959. Qualification of last sectfon.
969. Evidence, in actions for recovery of, injury to, etc., unoccupied lands and timber thereon.
961. Surrogates to search files, and to certify, etc.
961a. Determining age of child.
961b. Proof of written instruments where there are subscribing wit
961c. Proof of payments by a municipal corporation or officer thereof. 961d. Proof of instrument by submitting disputed and genuine handwriting.
961e. Proof of lost execution or writ under which sheriff's sale of real property was made.
961f. Evidence of weather conditions.
962. Saving clause.
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 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.
§ 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.
§ 959. [Am'd, 1877.] Qualification of last 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 be fore 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 terminer."'
§ 960. [Added, 1898; am'd, 1906.] Evidence, in actions for recovery of, injury to, etc., unoccupied lands and
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 or com
mission is a party defendant, the plaintiff may show an unbroken chain of title or conveyance of the land to himself for thirty years next 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. [Am'd, 1909, 1915.] Searching records in the surrogate's offices and certifying in regard thereto.
A surrogate's clerk 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 the surrogate's 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 cannot be found in such office.
L. 1847, ch. 470, § 40 (4 Edm. 588), am'd. See ante, § 921. Am'd by L. 1909, chs. 65 and 240, § 84. Also partly repealed by L. 1909, chs. 16, 35. 88 and 51. See Consolidated Laws, tits., County Law, § 161, Judiciary Law. § 255, Penal Law, § 1874, Public Officers Law, § 66. See note 50 of notes of Board of Statutory Consolidation at end of code. Am'd by L. 1915, eh. 207, in effect Sept. 1, 1915.
961a. [Added, 1909.] Determining age of child.
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.
Added by L. 1909, ch. 65. Derivation L. 1882, ch. 340, § 1. See note 8 of notes of Board of Statutory Consolidation at end of code.
961b. [Added, 1909.] Proof of written instruments where there are subscribing witnesses.
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, 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.
Added by L. 1909, ch. 65. Derivation L. 1883, ch. 195, § 1. See note 9 of notes of Board of Statutory Consolidation at end of code.
961c. [Added, 1909.] Proof of payments by a municipal corporation or officer thereof.
In any action or proceeding now pending or hereafter to he 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