§ 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. Substitute for L. 1863, ch. 206, part of § 1, as am'd by L. 1869, ch. 589. 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. L. 1863, ch. 206, parts of §§ 1 and 2, am'd. 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 witLess 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. Id., part of § 1. i 931a. [Added, 1909.] Copy of designation of person upon whom to make service, as evidence. An exemplified copy of a designation of a person upon whom to make service filed by a foreign corporation as provided in section sixteen of the general corporation law accompanied with a certificate that it has not been revoked, is presumptive evidence of the execution thereof, and conclusive evidence of the authority of the officer executing it. Added by L. 1909, ch. 65. Derivation -Code Civil Procedure, § 432, 1. 2, pt. For remainder of section see Code of Civil Procedure, § 432. General Corporation Law, § 16. See note 5 of notes of Board of Statutory Consolidation at end of code. body presumptive 931b. [Added, 1909.] Recital in order, resolution or record of public officers, board or evidence of certain facts. A recital in any order, resolution or other record of any proeding of a meeting referred to in section forty-one of the general construction law that such meeting had been held or adjured as provided in said section or that it had been held upon tice to the members, as therein provided, shall be presumptive evidence thereof. Added by L. 1909, ch. 65. 19. pt. See note 6 of notes of Board of Statutory Consolidation at end of code. § 931c. [Added, 1909.] Extracts from books and records of comptroller's office as evidence. The state comptroller is hereby authorized to furnish extracts from the books and records of his office in reference to any lot, picce or parcel of land, certifying that such extract contains all that is stated in such book or record relating to such lot, Fiece or parcel of land, and such certified extract may be read in evidence in all courts and proceedings with the same effect as the original book or record. Added by L. 1909, ch. 425. In effect May 21, 1909. 224 ARTICLE SECOND. Proof of a document, executed or remaining within the state. Sec. 932. Statutes, etc.; how proved. 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. 940. Other proof of proceedings before justice. 941. Ordinances, etc., of cities, villages, etc. 941a. Proof of colonial statutes. {932. [Am'd, 1895.] 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 a 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. 1895, ch. 594; 1 R. S. 184, §§ 8 and 12 (1 Edm. 184), consolidated and am'd. 933. [Am'd, 1879.] Copies of records and papers in eertain 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, pur suant 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. 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. B. 8. 350, § 16 (1 Edm. 823). 8 § 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. 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, ch. 3, § 16, and first sentence of § 17 (1 Edm. 710), am'd. § 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. § 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, § 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. 2 R. S. 269, § 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 trauscript, 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. } 940. [Am'd, 1877.] Other proof of proceedings before Justice. The proceedings in an action brought, or a special proceeding fnstituted, 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 § 941-4la 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. ete. R. S. 269,248. 941. [Am'd, 18£4.] Ordinances, etc., of cities, villages, 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, certited by the city clerk, village clerk, clerk of the common council, clerk or secretary of the local board of health, or clerk of the beard of supervisors; or from a volume printed by authority of the common council of the city, or the board of trustees of the vilgor the local board of health of the city, town or village, or the board of supervisors. L 1894, ch. 205. 941a. [Added, 1909.] Proof of colonial statutes. A statute contained in the compilation of the colonial statutes transmitted to the legislature by the commissioners of statutory evision, pursuant to chapter one hundred and twenty-five of the of eighteen hundred and ninety-one, shall be evidence in y action or proceeding, and of the same force and effect as though the original was produced, if it appears from such publiation that such statute was copied from the original. Added by L. 1909, ch. 65. Derivation L. 1891, ch. 125, § 5, pt., as by L. 1897, ch. 403, 91. See note 7 of notes of Board of Statutory Consolidation at end of code. 227 |