SEO. 939. Transcript from Justice's docket, evidence generally. 940. Other proof of proceedings before Justice. 941. Ordinances, etc., of cities, villages, etc. § 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.

1 R. S. 184, 8 and 12 (1 Edm. 184), consolidated and am'd. People v. Com'rs of Highways, 54 N. Y. 276. Statutes of another state: Hunt v. Johnson, 44 How. 27; Stokes v. Macken, 62 Barb. 145; McCulloch v. Norwood, 58 N. Y. 562.

§ 933. [Amended, 1879.] Copies of records and papers in certain offices, presumptive evidence. 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 board.

New. Embracing existing provisions applicable thereto. See Bron ley v. Miller, 2 T. & C. 575; Mackinnon v. Barnes, 66 Barb. 1; Peck v. Farrington, Wend. 44; People v. Denison, 17 id. 312: Troy v. Kerr, 17 Barb. 581; Lazier v. Westcott, 26 N. Y. 146.

§ 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.

1 B. S. 350,16 (1 Edm. 323). People v. Zeyst, 23 N. Y. 141; Van Ber gen v. Bradley, 36 1d. 316; People v. Cook, 14 Barb. 259; 8. c., 8 N. Y. 67.

§ 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.(1) Except as otherwise specially prescribed by law, the record of a conveyance, duly re corded, within the State, or a transcript thereof, duly certified, is evidence, with like effect as the original conveyance.(2)

1 B. S. 759, ch. 3, 16, and first sentence of 17 (1 Edm. 710), am'd. Clark v. Clark, 47 N. Y. 664. 1 R. S. 759, 16, and part of 2 17, am'd. (1) Brown v. Kimball, 25 Wend. 259. (2) Clark v. Clark, 47 N. Y. 664.

§ 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.

Id., remainder of 17. See Rexford v. Rexford, 7 Lans. 6; and contra Kerr v. Russell, 18 Am. Rep. 634.

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§ 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.

L. 1833, ch. 271, 19 (4 Edm. 620). Holbrook v. Zinc Co., 57 N. Y. 616; Campbell v. Hoyt, 23 Barb. 558; Troy & Rut. R. R. Co. v. Kerr, 17 id. 581.

§ 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.

2 R. S. 269, 245 (2 Edm. 278). Carshore v. Huyck, 6 Barb. 583; Pratt v. Peckham, 25 Barb. 195: Reynolds v. Brown, 15 id. 24; Hard v. Shipman, 6 id. 621; Maynard v. Thompson, 8 Wend. 395; Tuttle v. Jackson, 61d. 221; Benn v. Borst, 5 id. 292; Kellogg v. Mauney, 2 Johns. 378 McCarty v. Sherman, 3 id. 429; Smith v. Frost, 5 Hill, 431; Groff v. Gris

wold, 1 Denio, 432; Rue v. Perry, 41 How. 385; Colvin v. Corwin, 13 Wend. 557.

§ 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 be entered by the justice in his docket-book.

2 R. S. 269,8 246 and 247, consolidated. Hard v. Shipman, 6 Barb. 621; Dickinson v. Smith, 25 id. 102; Tuttle v. Jackson, 6 Wend. 221; Jackson v. Jones, 9 Cow. 182; Jackson v. Tuttle, id. 233; White v. Hawn, Johns. 351; Lawrence v. Houghton, id. 129; Posson v. Brown, 11 id. 166; Webb v. Alexander, 7 Wend. 281.

§ 940. [Amended, 1877.] Other proof of proceed. ings before justice. 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.(1) 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 jus tice.(2)

Id., 243. (1) Pratt v. Peckham, 25 Barb. 195; Brotherton v. Wright, 15 Wend. 239; Heermans v. Williams, 11 id. 638; Boomer v. Laine, 10 id 526. (2) Baldwin v. Prouty, 13 Johns. 430; Pratt v. Peckham, 25 Barb.

195.

§ 941 [Amended, 1877.] Ordinances, etc., of cities, villages, etc. 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 board of supervisors, within the State, may be read in Mlence, either from a copy thereof, certified by the ✓ clerk, village clerk, clerk of the common council, rk of the board of supervisors; or from a volume ed 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 (4 Edm. 638); L. 1851, ch. 400, 7; L. 1870, ch. 291, tít. 8,2 16, p. 701 (7 Edm. 704); and many other acts, relating to proof of ordinances, etc., of different cities. See Howell v. Ruggles, S N. Y. 444; Logue v. Gillick, 1 E. D. Smith, 398; Kennedy v. Newman, 1 Sandf. 187.

ARTICLE THIRD.

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

83c. 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, etc.. 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.

956. Documents from foreign countries; how authenticated.

§ 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.(1) 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.(2) The books of reports of cases, adjudged in the courts thereof, must also be admitted, as presumptive evidence of the unwritten of common law thereof.

Co. Proc., 426, as am'd in 1869. 443). (1) Hunt v. Johnson, 44 N. Y. Hill v. Packard, 5 id, 375; 8. c., 2 id.

See, also, L. 1848, ch. 312 (4 Edm. 27; Lincoln v. Battelle, 6 Wend. 475; 411: Markoe v. Aldrich, 1 Abb. 50

Toulandoun v. Lachenmeyer, 6 Abb. N. 8. 215; Persse & Brooks Paper Works v. Willett, 1 Robt. 131; 19 Abb. 416; Smith v. Elder, 3 Johns. 105; Chanoine v. Fowler, 3 Wend. 173; Matter of Roberts, 8 Pai. 446; Lawson v. Pinckney, 40 N. Y. Supr. 187. (2) Monroe v. Douglass, 5 N. Y. 447; Monroe v. Guilleaume, 3 Keyes, 30; Hill v. Packard, 5 Wend. 375; Kenny v. Clarkson, 1 Johns. 285; Brush v. Wilkins, 4 Johns. Ch. 506. See, also, Hal Costello, 2 Am. Rep. 207 and note; Barrows v. Downs, 11 id. 283: People v. Brady, 56 N. Y. 182; Cohen v. Kelly, 35 N. Y. Supr. 42; McCulloch v. Norwood, 55 N. Y. 562.

§ 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

L. 1845, ch. 303, 1 (4 Edm. 641), am'd. Pepoon v. Jenkins, 2 Johns. Cas. 119; Baldwin v. Hale, 17 Johns. 272.

$944. [Amended, 1879.] Copies of documents on file in departments of U. S. presumptive evidence. 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.

L. 1846, ch. 240, 1 (4 Edm. 641), am'd, and L. 1876, ch. 299. Heddock v. Kelsey, 3 Barb. 100; Pacific Ins. Co. v. Catlett, 4 Wend. 75.

§ 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 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.

L. 1862, ch. 251 (4 Edm. 646), as am'd by L. 1865, ch. 512.

A

§ 946. Conveyance of land without the State. onveyance of real property, situated without the State, owledged or proved, and certified, in like manner deed to be recorded within the county wherein it is din evidence, is evidence, without further proof