by the keeper of dence. evi § 4. A copy of any record or paper, properly filed or Copies attested lodged in the clerk's office of any court, or of the Secretary documents of State, Treasurer, Register, or Auditor, of the surveyor of a county, or assessor's books, attested by the person having the legal custody thereof, shall, upon proof of the execution of the original, be admitted as evidence in lieu thereof. may be founded on copies Copies of ordi nances of towns, § 5. A copy of any such writing as is embraced in the Suits preceding section may be filed in a suit thereon, and the defendant shall plead thereto, as if the original were filed. § 6. A copy from the mayor's office of any city, or from the official books of any town, or religious society, of an ordinance or by-law for the rule of such city, town, or society, attested by the keeper thereof, shall be evidence for any purpose for which the original could be received. etc., evidence. tion-book. § 7. A copy from an entry in a clerk's or justice's execu- Entries in execution-book, of the date of an execution that issued from such office, and to whom delivered, and when returnable, shall be evidence, in any proceeding against the officer and his sureties, to whom it shall be entered as delivered. § 8. The certificate of the Auditor of Public Accounts of the fact, and of the time of the return of any real estate as delinquent, or of the sale thereof for taxes, or forfeiture for non-payment of taxes, or for other cause, or concerning the redemption thereof, shall be prima facie evidence of the facts therein stated. § 9. Any county court may order any of the books or records in the clerk's office of such court, or in the office of the surveyor of the county, to be rebound; or, when obliterated, torn, or in a ruinous condition, to be transcribed in new books; and shall make a reasonable allowance therefor, which shall be chargeable to the county. Acts 1861, 7. Auditor's certifi cate evidence. Record-books may be rebound and transcribed. 10. All courts having jurisdiction greater than the county Acts 1861, 5. court shall have the same power over the books and papers in their respective clerk's offices as is conferred in the preceding section upon county courts. All expense incurred by such courts in this regard shall be paid out of the Treasury. § 11. Any book, so transcribed, examined by the judge 1 R. S., 467. of the court, and an order made on the records of the court that the same is correct, shall have the same faith and credit that the book or record transcribed was entitled to. Such transcript to be evidence. 468. 1 R. S., § 12. The records and judicial proceedings of any court of any State, attested by the clerk thereof, with the seal of other States to be authenticated. When records & the court annexed, if there be a seal, and certified by the judge, chief justice, or presiding magistrate of the court, to be attested in due form, shall have such faith and credit given to them in this State as they would have at the place whence the said records come. The record and judicial proceedings of any court of the United States, attested by the clerk thereof, with the seal of the court annexed, if there be a seal, shall have such faith and credit given to them in this Commonwealth as they would have in the courts of the United States. (a) § 13. All records and exemplifications of office books, I R. S., 469. kept in any public office of the United States, or of a sister exemplifications State, not appertaining to a court, shall be evidence in this State, if attested by the keeper of said records or books, and the seal of his office, if there be a seal. shall be evidence. cords of U. S. §14. Exemplifications from the books of the executive Attestation of re- department of the United States, or any papers filed therein, shall be evidence, when attested by the President or the chief of either of the departments; or from any State or Territory, of like books or papers, when attested by the Governor or the Secretary of State thereof, under his official seal. -how to be authenticated. $ 15. A copy from the record-books of any court, or of Foreign records any register of births and marriages, or other instruments of writing, or a copy of any law or ordinance of any State, nation, province, colony, city, or town out of the United States, if the same shall have been registered in due form, according to the laws of such sovereignty, certified and attested by the keeper of such record or register, and the attestation certified under his official seal, by any consul, charge d'affaires, or minister of the United States, resident within the sovereignty where the record is kept, shall be evidence in this State. 16. If any person who shall have resided in this State When a person go from and do not return to this State for seven successive presumed to be dead. years, he shall be presumed to be dead, in any case wherein his death shall come in question, unless proof be made that he was alive within that time. (a) Section 12: The provisions of this section as to the mode of attesting records and judi cial proceedings of other States must be applied to certificates of naturalization granted in any other State. (Cawfield vs. Bullock, 18 B. M., 498.) And the same may be said of the authentication of a copy of a will offered for probate in this State. (Helm's executor vs. Rooksbey, &c., Metcalfe, 50.) 2. A record brought from another State, and authenticated according to the act of Congress, must be accredited by the courts of this State. (Miles vs. Collins, 1 Metcalfe, 310.) er States proved. 17. The unwritten or common law of any other of the How laws of othUnited States may be proved as facts by the parol evidence of persons learned in that law. The printed books of cases adjudged in the courts of a sister State may also be admitted as evidence of such law. laws how proved. § 18. The existence and the tenor or effect of all foreign Foreign laws, beyond the limits of the United States, may be proved by the parol evidence of persons learned in those laws. But if it appear that the law in question is contained in a written statute, the court may reject such parol evidence, unless it be accompanied by a copy of the statute. 19. The printed laws of the United States, or of any State or Territory thereof, which have been or shall be received in the Secretary's office of this State, and which shall have been printed under the authority of the United States, or such State or Territory, or a copy thereof, when duly certified by the Secretary of State for this Commonwealth, shall be admitted and received as evidence of such laws. Printed laws of U. S., State, or thereof when cer tified by Secreta. ry of State. Copies of any suit evidence where originals are destroyed. § 20. That when any papers of any suit pending or decided in any court have been lost, destroyed, or defaced, or obliterated, and there is in existence an attested copy thereof, such copy may be filed in the office where such papers belonged, in lieu of the originals, and shall be prima facie evidence of the contents of such originals, and used as such originals could have been in all after proceedings in the suits to which such papers belonged: Provided, however, That the Proviso. party whose rights or interests are affected by the filing of such copies, if a resident of the State, or his attorney, shall be notified thereof, and may, at the next succeeding term of the court, move to strike such copies from the files, on which motion the court may hear and decide in regard to the correctness of such copies, and may, if justice so require, strike them from the files of the court. § 21. Any printed volume or pamphlet of laws of any State or Territory, showing on its face that it was published by authority of such State or Territory, shall be prima facie evidence of the laws contained therein. § 22. No person shall be disqualified as a witness, in any civil action or special proceeding, by reason of his interest in the event of the same as a party or otherwise; but such interest may be shown for the purpose of affecting his credibility. 1 R. S., 470. Printed volume laws of any State or pamphlet of or Territory pri Acts 1872, 12. to testify. Not to affect the tates of deceased settlement of es persons, etc. Husband nor wife competent for or against eachother Where the opposite party is deaf, dumb, infant, idi ot, lunatic, etc. 23. Nothing in the preceding section contained shall, in any manner, affect the laws now existing relating to the settlement of estates of deceased persons, infants, idiots, or lunatics, or the attestation of the execution of wills, or of conveyances of real estate, or of any other instrument required by the law to be attested. § 24. Neither husband nor wife shall be competent for or against each other, or concerning any communication made by one to the other, during marriage, whether called while that relation subsisted or afterwards: Provided, however, That in actions where the wife, were she a feme sole, would be plaintiff or defendant, the wife may testify, or her husband may testify, but both shall not be permitted to testify. 25. No party shall be allowed to testify, by virtue of section twenty-two, in any action or special proceeding where the adverse party is deaf and dumb, or an infant, unless the infant testifies in his own behalf, or is the guardian or trustee of a child or children of a deceased person, or is the committee of an idiot or lunatic, or is the executor or administrator of a deceased person, or is the party claiming as heir or devisee of a deceased person, except in the following cases, viz: 1. In actions or special proceedings with the executor, In actions with administrator, guardian, or trustee of infants, heir, or devisee, as above specified, a party may testify to facts which occurred after the death of the decedent or parent. executor, etc. In actions upon contracts made by deceased per sons. with such party. 2. In actions or special proceedings upon contracts made by deceased persons throught, agents, and in which the agent shall testify, a party may testify to all that transpired between him and the agent in relation to such contract and the making thereof, and in relation to any conversations or transactions between himself and such agent testified to by the agent. 3. In actions or special proceedings of either of the classes Conversations above specified, in which any adverse party, or any other person having a direct interest in the matter in controversy, shall be called as a witness, and testify to transactions or conversations with a party to such action, such party shall also be permitted to testify as to such specific transactions and conversations. Conversationsbefore the death of such party. 4. In actions or special proceedings of either of the classes above specified, in which one party calls a witness (other than an agent or person interested) to prove conversations or admissions of the opposite party, occurring before the death of said deceased person, but not in his presence, the opposite party may testify as to the same conversations or admissions. account-book. 5. In actions or special proceedings of either of the classes When founded on above specified, in which the claim or defense is founded on book account, a party may testify as to the correctness of the original entries, if made by himself; and on such authentication of the account book and entries, said book and entries shall be admissible as evidence in the case. 6. If the deposition of a party who has died during the pendency of the suit shall be given in evidence on the trial of such cause, the opposite party may testify as to all matters contained in said deposition, and not excluded by irrelevancy or inadmissibility. In all actions or special proceedings by or against a surviving partner or partners, or a surviving joint contractor or contractors, no adverse party to the suit shall be a competent witness to testify to transactions or declarations, or admissions made by the deceased in the absence of his surviving partner or joint contractor. § 26. No person who would, if a party, be incompetent to testify under the provisions of section twenty-five of this chapter, shall become competent by reason of the assignment of his claim. 27. No person shall be deemed competent to testify in behalf of his own interest, and against the interest of an adverse party, in any action or special proceeding in which such adverse party is not before the court otherwise than by constructive service. Deposition of party who has died partner, etc. Not competent signment of his by reason of as claim. Not competent party is not bethan by con when adverse fore the court structive process. 28. No one shall be incompetent as a witness because Not incompetent of his or her race or color. An Act to amend section 621 of the Civil Code of Practice. on account of race or color. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That section 21 of the Civil Code of Practice be so amended as to allow as many examiners and examiners' office at the county seat of each county as the judge of the circuit court may deem nec. essary. 2. This act shall take effect from its passage. Approved February 22, 1873. |