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P. L. 70.

Affidavit.

14 April 1870 § 1. their substitute or substitutes, to receive payment of money from said government, or from, by or through some office or department thereof, shall be admissible primâ facie evidence in any court of this commonwealth, or before any auditor, examiner, master or arbitrator, with the same effect as the original letter or power of attorney, if in evidence, would have: Provided, That an affidavit of an officer of the said government, or of an official assistant of such officer, to be made before a notary public and certified by his notarial seal, be appended to such document, setting forth that the original letter or power of attorney, of which that document is a true copy, is deposited and kept among the archives and records of the government of Great Britain, and is under the care and custody of (naming such officer, and designating him by the title of his office,) and that the removal of such original beyond the jurisdiction of Great Britain is not permitted by law, or the usage of said office or department: And also provided, That a United States consul or vice-consul at London certify, over his consulate seal, that (naming him) is such officer as represented in such affidavit, and in case the affidavit be made by an assistant, that (naming him) is such official assistant of such officer, that (naming him) is a notary public, duly authorized to administer oaths and affirmations, and that the names purporting to be the signatures of the affiant and notary public are their genuine handwriting respectively, and that the seals affixed to their several certificates are the proper seals of their respective offices.

Consular certificate.

Ibid. § 2.

Certified copies of receipts given by attorneys or agents.

Ibid. § 3. Certified

tries, &c.

59. Any document which shall be certified under the official seal of any office or department of the government of Great Britain, purporting to be or to contain a copy of any receipt or receipts for, or other acknowledgment of money paid by the said government, or by or through some agent, office or department thereof, given by the party attorney or attorneys named in the power of attorney, or by a properly authorized substitute of such party, for any sum or sums of money paid to such party attorney or to such substitute, by virtue of such power of attorney, and in case of substitution, containing a copy of the authority from such party attorney to such substitute, shall be competent primâ facie evidence, before any tribunal aforesaid, of the payments and facts set forth and recited therein as against any of the parties constituent, or attorney or substitute, or any of their executors or administrators, or others interested under them: Provided, That such document be certified and proved, by affidavit, in manner and substance as provided by this act for powers of attorney, but with differences appropriate to the subject

matter.

60. In cases where some person or persons have or have been, or shall be authorized by letter or power of attorney to receive money from the government of Great reports, book-en-Britain, or from some department or office or other agent thereof, any document. duly certified and proved by affidavit, to be appended thereto in manner and of substance as provided by this act for copies of such power of attorney, but with differences appropriate to the subject-matter, purporting to be or to contain a copy of a report of some commission or other agent of the said government, awarding or adjudging money to be paid by said government, or some department or office or other agent thereof, to the person or persons executing such letter or power of attorney, or purporting to be or to contain a copy of a book-entry of such report, or in cases where it shall appear that such report includes, in tabular form or otherwise, awards and adjudications to other persons, purporting to be or to contain a faithful extract from such report or book-entry of so much thereof as relates to the awarding or adjudging of money to the person or persons executing such letter or power of attorney, shall also be admissible primâ facie evidence, before any such tribunal aforesaid.

Ibid. § 4.

Consular seal to prove itself.

31 March 1823 § 1. 8 Sm. 144.

61. The seal which shall be affixed to any of the aforesaid consular certificates shall be presumed, primâ facie, to be the genuine consular seal, and shall be evidence that the person so certifying was, at the date of the certificate, an acting consul or vice-consul as represented, that the signature is his genuine handwriting, and that the seal was affixed thereto by him.

VI. Of office copies.

62. Copies of all records, documents and papers, in the offices of the secretary of the commonwealth, secretary of the land-office, surveyor-general, (y) auditorCertified copies of general and state treasurer, when duly certified by the officers of the said offices papers in the state respectively, shall be received in evidence() in the several courts of this commonwealth, in all cases where the original records, documents and papers would be admitted in evidence: Provided, however, That in any judicial controversy, before

offices to be evi

dence.

(y) This act, so far as concerned the offices of the surveyor-general and secretary of the land-office, was but affirmative, because certified copies in those offices had always been admitted in evidence before. Vickroy v. Skelley, 14 S. & R. 375. Commonwealth v. Alburger, 1 Wh. 469.

(z) They are primâ facie, but not conclusive evidence. Wolf v. Goddard, 9 W. 544-5. The act did

not change their nature as evidence, but only furnished a more convenient means of getting them before courts and juries. Strimpfler v. Roberts, 18 P. S. 297. Copies of entries on the books of the land-office, duly certified, are competent evidence to prove the real owner of a warrant. Oliphant v. Ferren, 1 W. 57.

any court of this commonwealth, either party may have the original record, 31 March 1823 § 1. documents or papers produced, on the service of the proper process for that pur- 8 Sm. 144.

pose.

63. The secretary of the land-office is hereby authorized, for the usual fees to 25 Jan. 1828 § 1. be paid therefor to the use of the commonwealth, to give exemplifications of deeds 10 Sm. 19. contained in any of the books of his office in which deeds are recorded, at the of deeds recorded request of any person or persons desiring the same, under his hand and seal of his in the land-office. office; which exemplification of deeds, the said deeds having been duly proved or acknowledged according to law, shall be evidence in all courts of justice and elsewhere in this commonwealth, notwithstanding such deeds, when relating to lands or real estate, shall not have been recorded in the proper county or counties where such lands or real estate may be situated; and such exemplification, for all purposes of notice, may be recorded in any county or counties within this state.

64. Exemplifications certified by the recorder of the proper county, or by the 15 April 1828 § 2. said auditor-general, under the seal of his office, of all treasurers' bonds, now or P. L. 491. hereafter to be deposited or recorded in said office, shall be as good evidence in Of treasurers' all courts of justice and elsewhere in this commonwealth, as the original bonds bonds. could or would be if produced and duly proved. (a)

P. L. 46.

65. The surveyor-general be and he is hereby authorized and required to make 16 Feb. 1833 § 1. fair and accurate copies from general drafts of the several districts of donation lands now in his office, and that official copies taken from the said copies of the of drafts of donageneral drafts as aforesaid shall be evidence, and have the same force and effect tion lands. as copies taken from the original official drafts, agreeably to the provisions of an act passed the 24th day of March 1818, entitled "A supplement to an act for directing the mode of distributing the donation lands promised the troops of this commonwealth."

for.

Ibid. § 2.

Ibid. § 3.

66. In all cases where patents for donation lands have been or may hereafter be recorded in the several counties wherein such lands lie, the record of said And patents therepatents shall be received in evidence in the several courts of this commonwealth. 67. When the surveyor-general shall find any old returns of surveys or other ancient official papers, important to be preserved in his office, becoming too much worn and defaced, he shall or may cause accurate copies of all such, from time to time, to be made out for the files of his office, as far as can be done when dis- general's office. covered, and official certified copies, (b) taken from such copies as aforesaid, shall be equally valid in evidence, and have the same force and effect as those of the originals.

Of ancient official papers in surveyor

68. Certified extracts from the assessment-books of unseated lands, and certified 19 April 1843 § 2. P. L. 342. by the clerk of the commissioners, under the county seal, to be a true copy of the taxes assessed upon such tract or tracts, taken from the assessment remaining in Extracts from asthe commissioners' office, shall be received in evidence in all the courts of the com- sessment-books of monwealth.(c)

unseated lands.

69. The canal commissioners of the state of Pennsylvania be and they are 81 March 1845 § 1. hereby authorized to procure an official seal, engraved with such device as they P. L. 272. may adopt, and lettered "seal of the board of canal commissioners of Pennsyl- of papers in the vania," which shall be kept by the secretary of the board, and by him attached to office of canal comall extracts of the journals of said commissioners, and copies of papers on file in missioners. said commissioners' office, which may be applied for to be used as evidence in the trial of causes in any of the courts of this commonwealth; and said copies, when attested by the impression of said seal, shall be received in evidence, and have the same effect as if the originals from which they may be taken were produced in any of the courts of this commonwealth.

P. L. 6.

70. The auditor-general is hereby authorized and required, upon the application 25 Jan. 1959 § 2. of any person or persons, to give copies of any entry or entries of the books heretofore kept by the canal commissioners, (d) under the seal of his office, and also to Auditor-general to furnish, upon application as aforesaid, copies of any paper or papers on file in certify copies. said office, to any person or persons requiring the same, under the seal of his office; and for every such certificate shall charge the person or persons receiving the same one dollar, for which he shall account to the commonwealth; and the copies certi

(a) Quere? whether this section is not supplied by act 15 April 1834, § 35? See tit. "County Treasurers.' (b) This does not exclude the originals, when properly authenticated. Miller v. Hale, 26 P. S. 432.

(c) A copy of a record, or other instrument of writing, given by the officer authorized by law to give copies of papers in his office, and certified by him, is good evidence of the contents of the original, without any proof of its being an examined copy. But if the officer be not authorized to make out a copy, a copy certified by him is not evidence; the original must be produced, or a copy, sworn to be a true copy, by a witness, who must have compared it with the original. Garwood v. Dennis, 4 Binn. 325. Carkhuff v. Anderson, 3 Ibid. 4. Talbot v. Janson, 3 Dall. 137 n. United States v. Johns, 4 Ibid. 415. Scott v. Leather,

3Y. 185. Stoever v. Whitman, 6 Binn. 416. Salmon v. Rance, 3 S. & R. 315. And if the paper do not properly belong to the office, a copy certified by the officer is not evidence. Garwood v. Dennis, 4 Binn. 325. The officer certifying must be the one actually in office: if given by the "late" officer, it is not othcial, and cannot be received. Jones v. Ross, 2 Dall. 143. And if the official certificate contain matter which the officer had no legal right to certify, the court will not reject the whole, but strike out the objectionable part, and admit the remainder. Johnson v. Hocker, 1 Dall. 407.

(d) The first section of this act abolishes the office of canal commissioner, and requires the records of the office to be placed in the custody of the auditor-general. P. L. 6.

25 Jan. 1859 § 2. fied and attested shall be deemed and admitted as legal evidence in any court of this commonwealth, with like effect as the original.

P. L. 6.

21 March 1866 § 1. P. L. 262.

71. The authorized copies of the ordinances and joint resolutions of the select and common councils of the city of Philadelphia, as printed and published in Ordinances of Phil- book-form, and heretofore issued, or that may be hereafter issued, or the copy of any adelphia to be evi- ordinance or resolution, duly certified by the clerks of councils and the mayor of said city, shall be taken and received as legal evidence in all courts of justice, whether of record or otherwise, and in all legal proceedings, of whatsoever nature or character; and all laws requiring such ordinances to be recorded in the office of the recorder of deeds be and the same are hereby repealed.

dence.

11 April 1867 § 1. P. L. 68.

72. Copies of all records, documents and papers kept by provost-marshals, in this or any other state, and in the military departments at Harrisburg in this state, Certified copies of and at Washington, District of Columbia, when duly certified by officers in charge records of provost- of said records, documents and papers, shall be received in evidence, in the several marshals to be evi- courts of this commonwealth, in all cases where the original documents, records and papers would be admitted in evidence.

dence.

22 June 1883 § 1. P. L. 154.

entries in bank

books.

73. Whenever any evidence shall be required in any civil suit or proceeding, in any court of this commonwealth, from the book-entries of any bank or banker Verified copies of doing business at the time of such requirement, it shall be competent, upon ten days' written notice to the opposite party, to produce verified copies of such entries, which shall be received in all legal proceedings as primâ facie evidence of such book entry or entries; and a bank officer or banker shall not be compelled to produce the original book or attend as a witness thereto, unless a party to the record shall file an affidavit that injustice will likely be done, unless the original book is produced.

Ibid. § 2.

Affidavit to be made by bank officer.

Ibid. § 3. Exceptions.

7 March 1889. P. L. 9. Certified copies under hand and seal of insurance commissioner to be evidence.

1700 § 1. 1 Sm. 20.

74. To warrant such copy as provided for in the foregoing section, there must be an affidavit or the testimony of an officer of the bank, stating that the book is one of the ordinary books of the bank used in the the transaction of its business, that the entry is as was originally made at the time of its date, and in the usual course of its business, that there are no interlineations or erasures, that the book is in its custody and control, and that the copy has been compared with the book and is a correct copy of the same; and such book shall be open to the inspection of any interested party.

75. Provided, That the provisions of this act shall not apply to any suit to which the bank or bankers is a party.

76. Copies of all books, papers, accounts, annual statements, charters and other papers or documents filed in the office of the insurance department, certified under the hand and seal of the insurance commissioner of Pennsylvania, shall be admitted to be read in evidence in all courts of law and elsewhere, in this commonwealth.

VII. Of official registers and certificates.

77. The registry (e) now kept, or which shall hereafter be kept, by any religious society, in their respective meeting-book or books, of any marriage, birth (g) or religious societies. burial, within this province or territories thereof, shall be held good and authentic, and shall be allowed of upon all occasions whatsoever.

Registers kept by

31 March 1837 § 20. P. L. 117.

Registers of burials out of the United

States, to be evidence.

How to be certified.

Ibid. § 25.

78. The registry of burials of any religious society or corporate town, in places out of the United States, shall be primâ facie evidence of the death of any person whose burial is therein registered, and of the time of his interment, if the time be stated in the registry; and extracts from such registries, certified by the proper officers, in the mode of authentication usual in the place in which they are made, shall be received as copies of such registries, and be evidence accordingly, and the certificate of the consul of the United States, at or near the place from which they are taken, under his hand and consular seal, testifying that the officer certifying is the proper officer, and the mode of authentication the usual mode, shall be primâ facie evidence that they are so.

79. If any such extract shall be in a foreign language, a translation thereof into Translation to be English, made by the said consul, a certificate by him under his hand and consular seal, to be a translation, shall be received as primâ facie evidence that it is so.

prima facie evidence.

17 March 1838 § 5. P. L. 82.

Registers of baptisms and mar

riages by a bishop, 8 March 1860 § 9.

when evidence.

P. L. 182.

80. Baptisms and marriages which have been or may be solemnized by any bishop within this state, may be entered by him on the register of any church of which the said bishop has the supervision, and the same, when entered on the said register, shall have the same legal effect and operation as if the said marriage or baptism had been solemnized by a clergyman having charge of the said church, and been by him entered on the register thereof.

81. The books or registers kept by the health officer, or a certificate duly certi

(e) Such registries are evidence, but they must be proven at common law; a copy under the seal of the corporation is not admissible. Stoever v. Whitman, 6 Binn. 416.

(g) An entry, in the handwriting of the pastor of a church, in a book kept as a registry of baptisms and births, the chief object of which was to preserve the

evidence of baptism, the time of birth being, however, also invariably mentioned, is not evidence of the time of birth. Clark v. Trinity Church, 5 W. & S. 266. Nor is a record of deaths and burials evidence of the birth and parentage of the persons deceased. Sitler v. Gehr, 15 W. N. C. 193.

fied by him as containing a copy of the record of any marriage, birth or death, 8 March 1860 § 9. shall hereafter be admitted in any court of the state as primâ facie evidence of said marriage, birth or death.

P. L. 132. Registers of marriages, births and

2 Jan. 1815 § 1. 6 Sm. 238.

82. The official acts, protests and attestations of all notaries public (acting by deaths. the authority of this commonwealth), (h) certified according to law, (i) under their respective hands and seals of office, may be read and received in evidence of the facts therein certified, (k) in all suits that now are or are hereafter shall be depend- Official acts of notaries-public, duly ing: Provided, That any party may be permitted to contradict, by other evidence, certified, to be eviany such certificate.(1)

dence.

83. The official acts, protests and attestations of all notaries public,(m) certified 14 Dec. 1854 § 1. according to law, under their respective hands and seals of office, in respect to the P. L. 724. dishonor of all bills and promissory notes, and of notice to the drawers, acceptors To be evidence of or indorsers thereof, may be received and read in evidence as proof of the facts the facts in relation therein stated, in all suits now pending or hereafter to be brought: Provided, to notice. That any party may be permitted to contradict, by other evidence, any such cer- dicted. tificate.

May be contra

evidence.

84. The official acts and exemplifications of foreign notaries, in accordance with 27 April 1876 § 1. P. L. 49. the laws of their respective countries, shall be primâ facie evidence of the matters therein set forth: Provided, That the consul or vice-consul of the United States, at Certificates of foror near the place where such notaries public may reside, shall certify on his consular eign notaries to be seal, that such notaries are the proper officers, and that such official acts and exemplifications are in accordance with the laws of their respective countries; which seal, affixed to the said consular certificate, shall be presumed primâ facie to be the gen- How verified. uine consular seal, and shall be evidence that the person so certifying, was at the date of the certificate, an acting consul or vice-consul as represented, that the signature is his genuine handwriting, and that the seal was affixed thereto by him: Provided, however, That any party may be permitted to contradict, by other evidence, any such acts, exemplifications or certificates.

85. The certificate of the prothonotary of any court in this commonwealth to an 4 April 1844 § 1. P. L. 188. acknowledgment of a sheriff's deed, heretofore made, although not under seal of office, shall be sufficient evidence of such acknowledgment, notwithstanding no other Certificates of acrecord was made thereof at the time of such acknowledgment: Provided, That the knowledgment of sheriff's deed to be provisions of this section shall not be construed to affect any bonâ fide holder or evidence, although purchaser, who had neither actual or constructive notice of the execution of such not under seal. sheriff's deed.(n)

P. L. 238.

86. Where any deed, conveyance or other instrument of writing has been or shall 3 April 1840 § 1. be made and executed, either within or out of this state, and the acknowledgment or proof thereof, duly certified by any officer under seal, according to the existing Seal of officer, cerlaws of this commonwealth, for the purpose of being recorded therein, such certifi-tifying to acknowledgment of deed, cate shall be deemed prima facie evidence of such execution and acknowledgment to be prima facie or proof, without requiring proof of the said seal, as fully, to all intents and pur- evidence. poses, and with the same effect only, as if the same had been so acknowledged or proved before any judge, justice of the peace or alderman within this commonwealth.

VIII. Judgments of prize courts.

5 Sm. 49.

87. No sentence, judgment or decree, final or interlocutory, of any judge, court, 29 March 1809 § 1. board, council or tribunal, having or exercising jurisdiction of prize, shall be conclusive evidence in any case, of any fact, matter or thing therein contained, stated Judgments of prize or expressed, except of the acts and doings of said judge, court, board, council or courts not to be tribunal: Provided always, That nothing in this act contained, shall be construed dence, except as to so as to impair or destroy the legal effects of any such sentence, judgment or decree, the acts of the on the property affected or intended to be affected thereby, but the same shall be court. and remain as if this act had not been made.

(h) The certificate of protest of a foreign notary is evidence of the fact of protest, but of nothing else. Fitler v. Morris, 6 Wh. 406. Etting v. Schuylkill Bank, 2 P. S. 355. McGarr v. Lloyd, 3 Ibid. 474. Shoneman v. Fegley, 7 Ibid. 433. Coleman v. Smith, 26 Ibid. 255. To make it evidence of other facts, it must be supported by the deposition of the notary. McGarr v. Lloyd, 3 P. S. 474. Mullen v. Morris, 2 Ibid. 85. Campbell v. Knapp, 15 Ibid. 27. But see infra, 83-4.

(i) The protest of a notary is not invalidated by the fact that the seal does not conform, in all respects, with the act of 1791. Jenks v. Doylestown Bank, 4 W. & S. 505.

(k) It is evidence that the person signing the certificate is a commissioned notary. Browne v. Philadelphia Bank, 6 S. & R. 484. Also of presentation and demand of payment; Brittain v. Doylestown Bank, 5 W. & S. 87; Jenks v. Doyleston Bank, 4 Ibid. 505; and notice of dishonor, Stewart v. Allison, 6 S. & R. 324; Browne v. Philadelphia Bank, Ibid.

conclusive evi

484; Kase v. Getchell, 21 P. S. 503. It is admissible in evidence, however defectively the facts may be stated with respect to demand and notice. Hastings v. Barrington, 4 Wh. 486. And see infra 83.

(1) The notary himself may be examined to explain the protest, and even to contradict it. Craig v. Shallcross, 10 S. & R. 377. And he may be compelled to testify against the truth of his certificate. Parry v. Almond, 12 Ibid. 284. But his official certificate is evidence to establish the fact of notice, though, when examined, he has no recollection of the facts. Jenks v. Doylestown Bank, 4 W. & S. 505. The legal presumption is, that he does all that the law exacts from him as an officer. McGarr v. Lloyd, 3 P. S. 474. And see Bank v. Porter, 2 W. 141. Farmers' Bank v. Whitehill, 16 S. & R. 89. The facts stated in a notarial protest are to be interpreted by the jury. McGee v. Northumberland Bank, 5 W.32. (m) This includes notaries of other states. Starr v. Sanford, 45 P. S. 193.

(n) See Wilson v. Howser, 12 P. S. 116.

EXCHANGE BROKERS.

See BROKERS.

EXCISE.

See CONSTABLES; LIQUORS.

EXECUTION.

See BOROUGHS; COMMON SCHOOLS; CONSTABLES; CONVICTS; CORPORATIONS; COUNTIES AND TOWNSHIPS; COUNTY AUDITORS; COUNTY OFFICERS; ERRORS AND APPEALS; JUSTICES OF THE PEACE; MUNICIPAL CORPORATIONS.

I. OF THE TIME WITHIN WHICH EXECUTION
MAY BE HAD.

1. Within what period execution may issue.
2. Time extended to five years.

3. After that time, no execution to issue, without scire facias.

4. Execution may issue after five years.

5. To be limited to personal property. Not to issue after twenty years.

6. Scire facias and fieri facias to be issued at the same time. Fieri facias to be stayed until trial.

7. Execution on a justice's transcript without a previous return nulla bona.

8. Execution may issue to enforce orders of court for the payment of costs.

II. OF THE STAY OF EXECUTION.

9. Freeholders to be entitled to stay of execution, except in certain cases. Period of stay.

10. Other defendants may have stay of execution on giving security.

11. Stay of execution, in amicable actions.

12. No execution to issue within three weeks, in certain cases, without leave of court.

13. Bail for stay of execution.

14. No stay of execution, on judgment against

bail.

15. Or judgments for $100 or less, in suits for wages.

16. Stay to date from return-day.

17. When further security for stay of execution may be required.

III. OF THE LIABILITY TO EXECUTION. 18. Liability of defendant's person and estate to execution.

19. Plaintiff may elect to proceed against property made liable by this act.

20. Stock, deposits and debts due defendant, to be liable to execution.

21. Goods pawned, demised or bailed, may be sold on fi. fa.

22. Coin may be taken under fi. fa. And banknotes or current bills, at par.

23. Not to be taken from defendant's person. Money raised by another execution, not to be levied on. 24. Fi. fa. and ca. sa. may issue at the same time. 25. Ca. sa. not to be executed, if defendant has real or personal estate in the county.

26. Copyrights and patents may be seized in execution.

27. Imprisonment for debt abolished. Exceptions. 28. Ca. sa. not to be satisfaction, in certain cases. IV. OF THE EXEMPTION FROM EXECUTION. 29. What property to be exempt from execution. 30. Appraisers to be appointed at request of defendant. Their duties; and compensation. Property selected and appraised to be exempt from execution.

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V. ATTACHMENT-EXECUTION.

43. How stock held in the name of another person to be levied on.

44. On filing affidavit and recognizance, attachment to issue.

and claimed by a third person. 45. Proceedings against stock held by defendant,

46. How debts, deposits and goods pawned, &c., to be levied on. Attachments to issue.

47. How attachment to be served. 48. Effect thereof.

49. Wages, &c., not to be attached.

50. How execution in such attachment to be had. 51. Legacies, lands devised, and defendant's interests in a decedent's estate may be attached. Plaintiff to give refunding bond.

52. Such attachment may issue as soon as defendant's interest accrues. When defendant's interest may be sold. Executors, &c., to be allowed their costs and expenses.

plaintiff to proceed. 53. Executors, when garnishees, may rule the

54. Attachments in execution may issue against corporations. Service on defendant dispensed with, where he is a non-resident.

55. Stock held by defendants in their own names may be sold under fi. fa.

56. Stock held in the name of another may be attached before judgment. After judgment, such stock to be sold on fi. fa. Right of appeal reserved.

57. Garnishees to recover counsel fees, in certain

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