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§ 950. The judgment and other proceedings, and the justice's authority to render the judgment, may also bo proved, by the production of the docket, or of a copy of a udgment or other proceedings; and the oral testimony of the justice to the truth and correctness thereof, and to his authority to render the judgment

$951. The last three sections do not prevent the introduction of evidence, to controvert any of the proof, in relaion to the validity of a judgment therein specified.

$952. A copy of a record, or other judicial proceeding, 46 Hun, 469 of a court of a foreign country, is evidence when authenti. -ated as follows

1. By the attestation of the clerk of the court, with the eal of the court affixed, or of the officer in whose custody he record is legally kept, under the seal of his office.

2. By a certificate of the chief-judge or presiding magisrate of the court to the effect, that the person, so attesting he record, is the clerk of the court; or that he is the offier, 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 he government, under whose authority the court is held, of the Secretary of State, or other officer having the custoy of that seal, to the effect, that the court is duly constiuted, specifying generally the nature of its jurisdiction; and that the signature of the chief-judge or presiding magis-rate, to the certificate specified in the last subdivision is genuine

§ 953. A copy of a record, or other judicial proceeding, 46 Hun, 469 of a court of a foreign country, attested by the seal of the court, in which it remains, must also be admitted in evience, upon due proof of the following facts:

1. That the copy offered has been compared by the witess 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 hav-ng charge of it.

3. That the attestation is genuine.

§ 954. [Am'd 1877.] 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.

95 N. Y. 325

§ 955. [Added in 1892.] All maps, surveys and official records, which 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 of the departments of said city as enumerated in section thirty-four of the New York City consolidation act (chapter four hundred and ten, laws of eighteen hundred and eighty-two), 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.

§ 956. [Am'd 1877.] 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.

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§ 957. Where a transcript exemplification, or certified 93 N. Y. copy of a record or other paper, is declared by law to be # Run, S ́i evidence, an i 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.

$ 958. If the officer, or the court, body, or board, in whose custody an original paper, specified in the 1-st seetion, 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 the county, within the State, it must be attested by the seal of the county.

§ 959. [Am'd 1877.] 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.

§ 960. [Repealed by Statutory Construction Law. L. 1892 c. 677.]

§ 961. 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 tran.

95 N. T. 6N

scripts 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.

§ 962. 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,

CHAPTER X.

TRIALS; INCLUDING JURORS AND JURIES. TITLE I.-TRIALS GENERALLY; INCLUDING EXCEPTIONS AND MOTION FOR A NEW TRIAL.

TITLE II.-TRIALS WITHOUT A JURY.

TITLE III.—TRIAL JURORS, EXCEPT IN NEW YORK AND KINGS COUNTIES; MODE OF SELECTING THEM, AND OF PROCURING THEIR 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.

TITLE VI.-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.

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

ARTICLE FIRST.

ISSUES, AND THE MODE OF TRIAL THEEREOF.

963. Issues defined, different

kinds of issues.

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

965. Issues to be tried.
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.
968. What issues of fact are
triable by a jury.
969. 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.

2972. Trial of the remainder of the 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.

978. Order of disposition of in-
sues at a jury term.
979. Id.; when a jury does not
attend.

980. Either party may bring is-
sue to trial.

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

$ 963. 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.

§ 964. An issue of law arises only upon a demurrer. An issue of fact arises, in either of the following cases:

1. Upon a denial, contained in the answer, of a material allegation of the complaint, or upon an allegation, contained in the answer, that the defendant has not sufficient knowledge or information to form a belief, with respect to a material allegation of the complaint.

2. Upon a similar denial or allegation, contained in the reply, with respect to a material allegation of the answer.

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