§ 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.

From ch. 206 of 1863, as amended by ch. 589 of 1869.

§ 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. From Id., parts of §§ 1 and 2.

§ 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.

From Id., part of § 1.

ARTICLE SECOND.

Proof of a Document, Executed or Remaining within the

SEC. 932. Statutes, etc.; how proved.

State.

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.
Other proof of p ceedings before justice.

940.

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. To entitle any copy of the 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.

From 1 R. S. 184, Part 1, ch. 8, tit. 7, §§ 8 and 12 ( Edm. 184).
Am'd by ch. 416 of 1877, and ch. 594 of 1895.

§ 933. 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.

Am'd by ch. 542 of 1879.

§ 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.

From R. S. 350, Part 1, ch. 11, tit. 4, § 16 (1 Edm. 323).

§ 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 entitie 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.

From R. S. 759, Part 2, ch. 3, § 16, and first sentence of § 17 (1 Edm. 710)

§ 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 com petent proof.

From Id., remainder of § 17.

§ 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.

From ch. 271 of 1833, § 9 (4 Edm. 620).

§ 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.

From 2 R. S. 269, Part 3, ch. 2, tit. 4, § 245 (2 Edm. 278).

§ 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.

From Id., § 246 and 247.

§ 940. Other proof of proceedings 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. 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 beer

So in the original.

compared with the original entries, with proof that those entries were in the handwriting of the justice.

From 1d., § 248.

Am'd by ch. 416 of 1877.

§ 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, either 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 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 local board of health of the city, town or village, or the board of supervisors.

From ch. 158 of 1832, §§ 1 and 2; ch. 400 of 1851, § 7, and ch. 391 of 1841, tit. 8, § 16.

Am'd by ch. 416 of 1877, and ch. 203 of 1894.
See 1556 Greater N. Y. Char., ch. 378 of 1897.
See also chars. of other cities.

ARTICLE THIRD.

Proof of a Document Remaining in a Court or Public Office of the United States, or Executed or Remaining without the State.

SEC. 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.

955. Public records in New York County.

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. 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.

From Co. Proc. § 426; ch. 312 of 1848 (4 Edm. 643).

§ 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.

From ch. 303 of 1845, § 1 (4 Edm. 641).

§ 944. Copies of documents on file in departments, etc., of United States.

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. A certificate of the director or other officer in charge of the census of the United States, attested by the secretary of the interior, stating the population of any part of the United States, or giving the result of said census otherwise shall be received as prima facie evidence of such facts. The record of the