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. [1 R. S., 184, Part 1, ch. 8, tit. 7, §§ 8 and 12 (1 Edm., 184), consolidated, and amended in conformity to subsequent statutes, and by inserting "six months", in place of "three months". It often occurs that the printed volumes of the statutes are not distributed, until after three months from the expiration of the session.] PART II. records and papers offices, tive evi dence. § 933. [Amended, 1879.] A copy of a paper filed, kept, entered, Copies of or recorded, pursuant to law, in a public office of the State, the in certain officer having charge of which has, pursuant to law, an official seal; presumpor 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 board.(*) [New; designed to embrace, in a section of general application, the existing provisions of law, relating to copies of papers filed in the offices of county clerks, the secretary of State, comptroller, State engineer and surveyor, auditor of the canal department, regents of the university, clerks of the senate and assembly, boards of supervisors, surrogates, etc., etc. 1 R. S., 166, Part 1, ch. 8, tit. 2, § 4 (1 R. S., 5th ed., 472; 1 Edm., 166); 1 R. S., 187, Part 1, ch. 8, tit. 8, § 17 (1 R. S., 5th ed., 497; i Edm., 187); 1 R. S., 377, Part 1, ch. 12, tit. 2, § 65 (1 R. S., 5th ed., 868; 1 Edm., 350); L. 1833, ch. 56, § 5 (3 Edm., 27); L. 1837, ch. 140, § 1 (3 R. S., 5th ed., 689; 3 Edm., 54); L. 1846, ch. 182, § 1 (3 R. S., 5th ed., 56; 4 Edm., 438), as amended by L. 1869, ch. 748 (7 Edm., 472); L. 1848, ch. 162, § 5 (1 R. S., 5th ed., 519; 3 Edm., 168); L. 1849, ch. 180, § 3 (4 Edm., 644); L. 1854, ch. 282, § 14 (2 R. S., 5th ed., 697; 3 Edm., 645); L. 1855, ch. 249, §2 (1 R. S., 5th ed., 854; 3 Edm., 337); L. 1859, ch. 321, § 6 (3) Edm., 64); L. 1863, ch. 362, § 9 (6 Edm., 127); L. 1870, ch. 60, § 1 (7 Edm., 590); and many others.] 235 (a) L. 1877, ch. 319, makes copies of the records in the offices of the State comptroller and treasurer evidence" when certified by the officer in whose office they are kept." Probably therefore, the certificates of those officers are evidence without being under seal. JUSTICE'S Id.; of filled with town clerk. Convey. ance, when acknowl edged, or record, or tran script of record, evidence. Such evi dence may be rebutted What instruments may be edged. 934. 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. [1 R. S., 350, Part 1, ch. 11, tit. 4, § 16 (1 R. S., 5th ed., 830; 1 Edm., 323). See 28 N. Y., 252.] § 935. 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. [1 R. S., 759, Part 2, ch. 3, § 16, and first sentence of § 17 (3 R. S., 5th ed., 54: 1 Edm., 710); amended by inserting the exception, at the beginning of the second sentence, to avoid any possible clashing with provisions like § 33 of the same title (1 Edm., 713). The original provision was construed, in the court of appeals, in Clark v. Clark, 47 N. Y., 664.] § 936. 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. [Id., remainder of § 17.] § 937. Any instrument, except a promissory note, a bill of exacknowl change, 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. [L. 1833, ch. 271, § 9 (3 R. S., 5th ed., 690; 4 Edm., 620).] Justice's docket § 938. The docket-book of a justice of the peace, within the State, and tran- or a transcript thereof, certified by him, is evidence before him, of script evidence before any matter required by law to be entered by him therein. him. [2 R. S., 269, Part 3, ch. 2, tit. 4, § 245 (3 R. S., 5th ed., 457; 2 Edm., 278).] PART II. Transcript peace, from docket, evidence § 939. A transcript from the docket-book of a justice of the within the State, subscribed by him, and authenticated, by a certifi- Justice's cate of the clerk of the county in which the justice resides, under generally. 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 be entered by the justice in his docket-book. [Id., §§ 246 and 247, consolidated, and amended by adding the clause requiring the clerk to certify that he is acquainted with the handwriting, etc., and the final clause, beginning with the words, "which is required". See Dorr v. City of Troy, 19 Hun, 223.] proof of ings before justice. § 940. [Amended, 1877.] The proceedings in an action brought, Other or a special proceeding instituted, before a justice of the peace, within proceedthe 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. [Id., § 248. See Dorr v. City of Troy, 19 Hun, 223.] nances, cities, villages, § 941. [Amended, 1877.] An act, ordinance, resolution, by-law, Ordirule or proceeding of the common council of a city, or of the board etc., of of trustees of an incorporated village, or of a board of supervisors, etc. within the State, may be read in evidence, either from a copy thereof, certified by the city clerk, village clerk, clerk of the common council, or clerk 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 board of supervisors. [L. 1832, ch. 158, §§ 1 and 2 (3 R. S., 5th ed., 689; 4 Edm., 638); L. 1851, ch. 400, § 7; L. 1870, ch. 291, tit. 8, § 16, p. 701 (7 Edm., 704); JUSTICE'S MANUAL. and many other acts, relating to proof of ordinances, etc., of different cities.](*) ARTICLE THIRD. PROOF OF A DOCUMENT, REMAINING IN A COURT OR PUBLIC OFFICE OF THE PRELIMINARY NOTE.-The following are the statutes of the United States, relating to proof of records, etc., in another State, passed in pursuance of section 1 of article 5 of the constitution of the United States: "SEC. 905. The acts of the legislature of any State or Territory, or of any country subject to the jurisdiction of the United States, shall be authenticated by having the seals of such State, Territory, or country affixed thereto. The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form. And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken. § 906. All records and exemplifications of books, which may be kept in any public office of any State or Territory, or of any country subject to the jurisdiction of the United States, not appertaining to a court, shall be proved or admitted in any court or office in any other State or Territory, or in any such country, by the attestation of the keeper of the said records or books, and the seal of his office annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county, parish, or district in which such office may be kept, or of the governor, or secretary of State, the chancellor or keeper of the great seal, of the State, or Territory, or country, that the said attestation is in due form, and by the proper officers. If the said certificate is given by the presiding justice of a court, it shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or, if given by such governor, secretary, chancellor, or keeper of the great seal, it shall be under the great seal of the State, Territory, or country aforesaid in which it is made. And the said records and exemplifications, so authenticated, shall have such faith and crédit given to them in every court and office within the United States as they have by law or usage in the courts or offices of the State, Territory, or country, as aforesaid, from which they are taken. § 907. It shall be lawful for any keeper or person having the custody of laws, judgments, orders, decrees, journals, correspondence, or other public documents of any foreign government or its agents, relating to the title to lands claimed by or under the United States, on the application of the head of one of the departments, the solicitor of the treasury, or the commissioner of the general land office, to authenticate copies thereof under his hand and seal, and to certify them to be correct and true copies of such laws, judgments, orders, decrees, journals, corre (a) See L, 1878, ch. 219, as amended by L. 1879, ch. 211, whsch was apparently intended as an amendment to this section. spondence, or other public documents, respectively; and when such copies are certified by an American minister or consul, under his hand and seal of office, to be true copies of the originals, they shall be sealed up by him and returned to the solicitor of the treasury, who shall file them in his office, and cause them to be recorded in a book to be kept for that purpose. A copy of any such law, judg. ment, order, decree, journal, correspondence, or other public document, so filed, or of the same so recorded in said book, may be read in evidence in any court, where the title to land claimed by or under the United States may come into question, equally with the originals. § 908. The edition of the laws and treaties of the United States, published by Little & Brown, shall be competent evidence of the several public and private acts of congress, and of the several treaties therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof." PART II. copies of another state, etc 942. A printed copy of a statute, or other written law, of another Printed state, or of a territory, or of a foreign country, or a printed copy of a laws of 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. [Co. Proc., 8 426, as amended in 1869. See, also, L. 1848, ch. 312 (3 R. S., 5th ed., 679; 4 Edm., 643).] of records § 943. A copy of the record, or any other proceeding, of a court Copies of the United States, is evidence, when certified by the clerk or of United officer, in whose custody it is required by law to be. [L. 1845, ch. 303, § 1 (3 R. S., 5th ed., 679; 4 Edm., 641), amended by omitting the clause, prescribing the form of the certificate, which is provided for in § 957, post.] States courts. docu file in de § 944. [Amended, 1877, 1879.] A copy of a record or other paper, Id.; of remaining in a department of the government of the United States, ments on is evidence, when certified by the head, or acting chief officer, for partments the time being, of that department; or when certified by the officer States. etc., of United |