rial to the question in dispute, and such alteration is not noted on the writing, shall account for the appearance or alteration. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or otherwise properly or innocently made. If he do that, he may give the writing in evidence, but not otherwise.

§ 449. Proof of a judicial record of this State or of the United States.

A judicial record of this State, or of the United States, may be proved by the production of the original, or a copy thereof, certified by the Clerk, or other person having the legal custody thereof, under the seal of the Court, to be a true copy of such record.*

See § 655.

1. There is no attempt by this section to dispense with the rule that the best evidence must be resorted to which the nature of the case will admit. Macy v. Goodwin, 6 Cal. 579.

2. To entitle a book to the character of an official register, it is not necessary that it be required by an express statute to be kept, nor that the nature of the office should render the book indispensable. It is sufficient that it is directed by the proper officer to be kept. Kyburg v. Perkins, 6 Cal. 674.

3. In ejectment, plaintiff relying upon a Mexican grant and a decree of United States Board of Land Commissioners-offered in evidence a copy of the decree taken from the office of the United States Surveyor General, with a certificate by the Surveyor General that "the foregoing is a correct copy of the decree of confirmation made by said Board of Commissioners in the case therein mentioned, together with the endorsements thereon, as the same is on file in my office," defendant objecting that the copy was not properly certified: Held, that the certificate complies sufficiently with the statute, the terms of which need not be literally pursued. Young v. Emerson, 18 Cal. 416.

*STATUTES OF 1857, 103.

An Act concerning Evidence. Passed March 26th, 1858.

1. Whenever the public records, books or papers in the "Custody" of any Collector of Customs of the United States, or of the Register or Receiver of any land office of the United States within this State, or in the office of the Surveyor General of the United States for the State of California, or in the office and in the custody of the Clerk of the Circuit, or any District Court of the United States for the State of California, shall be required as evidence in any Court of this State, copies of such records, books or papers, duly certified by the proper officer under his hand and official seal, where he has a scal, shall be received in evidence with the same force and effect as the originals.

STATUTES OF 1857, 317.

An Act concerning certified copies of certain instruments in writing. Passed April 29th, 1857. 1. Copies of all papers lately belonging to the United States Board of Commissioners for the settlement of private land claims in California, and on file in the office of the Surveyor General of the United States for the State of California, and all copies of documents and papers belonging to said Surveyor's office, which copies shall have been duly certified to be true copies by said Surveyor, shall be received and read in evidence in the same manner and with like effect as the originals.

1. The provisions of this section sustained. Natoma Water Co. v. Clarkin, 14 Cal. 544.

2. Duly certified copies of deeds regularly recorded, upon the acknowledgment or proof of execution by the party or parties thereto, subject however, to all the legal exceptions that might be taken to the original if produced, shall be received in evidence in all the Courts of

4. The book of accounts kept in the office of an Alcalde is admissible in evidence as a register of the acts of that officer, belonging to the office. Kyburg v. Perkins, 6 Cal. 673.

5. The record of a judgment of another State, if certified in conformity with the Act of Congress, is admissible in evidence in this State. Parke v. Williams, 7 Cal. 247.

§ 450. Proof of the records, etc., of any other State of the United States.

[1854.] The records and judicial proceedings of the Courts of any other State of the United States may be proved or admitted in the Courts of this State, 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, as the case may be, that the said attestation is in due form.

1. A record also certified in conformity with the four hundred and fiftieth section of the Practice Act, would be admissible in the Courts of this State. Parke v. Williams, 7 Cal. 247.

2. Held, further, that the attachment papers of B. & Co. v. V. & Co. were admissible in favor of defendant. See facts. Dexter v. Paugh, 18 Cal. 372.

§ 451. Proof of a judicial record of a foreign country.

A judicial record of a foreign country may be proved by the production of a copy thereof, certified by the Clerk, with the seal of the Court annexed, if there be a Clerk and seal; or by the legal keeper of the record, with the seal of his office annexed, if there be a seal, to be a true copy of such record: together with a certifi

this State, without any further or other proof of the execution thereof, in the same manner and with like effect as if the originals were produced and proven; provided, it be shown that the said originals are not under the control of the party offering the said copies, or are lost.

1. The provisions of this section sustained. Skinker v. Flohr, 13 Cal. 638.

3. Any person wishing, in order to obtain the benefit of this Act, to establish the genuine ness of any patent for land issued by the United States, or by this State, may apply for that purpose to the District Court of the judicial district in which the patented lands, or any part thereof, are situated, after giving public notice of the time of his making said application, at least five days previous to the hearing thereof, either by one insertion in a newspaper, where there is one published in the county wherein the lands or parcels of land in said district may be situated, or in default thereof, by posting said notice on the Court house door of said county; provided, that notice shall not be required to be given in more than one county; upon proof being made that the said notice was duly given, the District Court shall proceed to inspect the patent, and upon being satisfied that it is genuine, may endorse thereupon or annex thereto an order under the seal of the Court, declaring said patent to be genuine; and if the Court be not satisfied that the said patent is genuine, then no other [order] shall be entered or made relative thereto.

4. It shall be the duty of the County Recorder of each county in this State to provide a separate book, to be called "The Record of Patents," wherein shall be recorded all patents of land or parcels of land situate in their county, whether issued by the United States or the State of California, which may be offered for record, authenticated as in the foregoing s00tion mentioned; and a duly certified copy of any patent, recorded as aforesaid, may by offered in evidence in any proceeding or action in this State, with the same effect and force as the original duly exhibited and proven.

cate of a Judge of the Court, that the person making the certificate is the clerk of the Court, or the legal keeper of the record, and in either case, that the signature is genuine, and the certificate in due form; and also, together with the certificate of the Minister or Ambassador of the United States, or of a Consul of the United States, in such foreign country, that there is such a Court, specifying generally the nature of its jurisdiction, and verifying the signature of the Judge and Clerk, or other legal keeper of the record.

1. In the United States, certificates of the proof and acknowledgment of deeds executed in a foreign jurisdiction, are generally received as prima facie evidence of both the character of the officers giving them and the genuineness of their signatures. Mott v. Smith, 16 Cal. 533.

2. The certificates of a Notary Public or United States Consul, of acknowledgment of a deed, are prima facie evidence of the official character of the person by whom they are given. Ib.

3. The general designation, in the fourth section of the Act of April 16th, 1850, as to conveyances of any Notary Public, or any Consul of the United States, embraces Notaries and Consuls of every grade, whether principal or inferior Notary, or Consul General or Vice Consul. Ib.

4. Held, further, that the exhibits attached to the answer, consisting of copies of the pleadings and proceedings in the action in the United States Circuit Court, needed no further verification than what arises from the statements in the answer that they are such copies; that no distinct verification of them was requisite; and that were it otherwise, then the certificate of the United States Circuit Court Clerk was sufficient. Ely v. Frisbie, 17 Cal. 250.

§ 452. Proof of copy of a judicial record of a foreign country. A copy of the judicial record of a foreign country shall also be admissible in evidence upon proof:

1st. That the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of it; 2d. That such original was in the custody of the Clerk of the Court, or other legal keeper of the same; and,

3d. That the copy is duly attested by a seal, which is proved to be the seal of the Court where the record remains, if it be the record of a Court; or if there be no such seal, or if it be not the record of a Court, by the signature of the legal keeper of the original.

See § 655.

§ 453. Printed copies of statutes, etc., of another State or Government, published by authority, are presumptive evidence of such laws.

Printed copies, in volumes, of statutes, code, or other written law, enacted by any other State, Territory, or foreign Government

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 Courts and judicial tribunals of such State, Territory or Government, shall be admitted by the Courts and officers of this State, on all occasions, as presumptive evidence of such laws.

See § 655.

§ 454. Impression of a seal of a Court or public office.

A seal of a Court or public office, when required to any writ or process, or proceeding, or to authenticate a copy of any record or document, may be impressed with wax, wafer, or any other substance, and then attached to the writ, process or proceeding, or to the copy of the record or document, or it may be impressed on the paper alone.

1. The impression of the seal may be made upon paper only. Connolly v. Goodwin, 5 Cal. 220; Ross v. Bedell, 5 Ďuer, 462.

TITLE XII.

OF THE WRIT OF CERTIORARI AND OF MANDAMUS.

CHAPTER 1.-The writ of certiorari, or review.

SEC. 455. The writ of certiorari; denomination of. 456. This writ may be issued by a superior Court to an inferior tribunal; in what cases.

457. The application shall be made on affidavit with notice,

or without.

458. The writ to be directed to the inferior tribunal.

459. The contents of the writ.

460. Proceedings in the inferior Court, etc., may be stayed

or not.

461. Service of the writ.

462. The review under the writ; extent of.

463. A defective return of the writ may be perfected. Hearing and judgment.

SEC. 464. Copy of judgment shall be sent to the inferior tribu

nal, etc.

465. Judgment roll. Appeals may be taken as in civil

actions.

§ 455. The writ of certiorari, the writ of review.

The writ of certiorari may be denominated the writ of review.

§ 456. This writ will be issued by a superior Court to an inferior tribunal; in what cases.

This writ may be granted on application, by any Court of this State, except a Justice's, Recorder's, or Mayor's Court: the writ shall be granted in all cases when an inferior tribunal, board or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer, and there is no appeal, nor in the judgment of the Court, any plain, speedy and adequate remedy.

See § 653.

1. When the writ will lie.-Where error has occurred in proceedings, either civil or criminal, which cannot be reached by a writ of error, the writ of certiorari is a proper remedy to correct such error, unless some other statutory remedy has been given. The People v. Turner, 1 Cal. 152.

2. Where an order was made by the District Court of the Eighth Judicial District, whereby A was ordered to be imprisoned forty-eight hours, and fined five hundred dollars, for contempt of Court, without setting forth any of the facts whereon the order was based: Held, that a certiorari should issue to remove the proceedings for review into this Court; and held, further, that a mandamus was not a proper remedy in such a case. Id.

3. An order fining and imprisoning for contempt, which does not specify on its face wherein the contempt consisted, will be reversed on certiorari. Ex parte Field, 1 Cal. 187.

4. C. obtained a judgment against II., in the County Court of Yolo county, for the restitution of certain lands: defendant appealed to the District Court, where the judgment was affirmed; and the defendant again appealed to the Supreme Court, where both judgments were reversed, and the cause remanded to the District Court for further proceedings. After the remittitur was filed in the District Court, the County Court issued a mandamus commanding the Clerk to issue a writ of restitution, pursuant to the original judgment in that Court; and on the petition of H., a certiorari was issued, to remove the proceedings to the Supreme Court: Held, on motion to dismiss the writ, that the writ of certiorari was the proper remedy; that the judgment to be enforced having been reversed by the Supreme Court, the County Court exceeded its jurisdiction in issuing the mandamus. Clary v. Hoagland, 5 Cal. 478.

5. A party against whom a judgment is sought to be enforced, although not a party to the mandamus, may apply for a writ of certiorari. Id.

6. The power to grant a party-license is not judicial, and its exercise properly belongs to the Supervisors. Chard v. Harrison, 7 Cal. 113.

7. The exercise of such a power by a County Judge is, therefore, an excess of jurisdiction, which can be properly reviewed on certiorari. Id.

8. The decision of the Board of Delegates, in the case of contested election for Chief Engineer, is a judicial decision, and subject to review by the Courts, on certiorari. The extent of such review is simply to inquire whether the Board has exceeded its jurisdiction. Whitney v. Board Delegates S. F. Fire Department, 14 Cal. 479.