Certificate of proof of title equivalent to a patent against all but the holder of an actual patent. This section held applicable to the certificate of the receiver of the Des Moines River Land Office: Stone r. SEC. 3710. The certificate of the register or receiver of any land office of the United States as to the entry of land within his district, shall be presumptive evidence of title in the person entering to the real estate therein named. This section relates to the remedy, | uated in this state or not: Pierson v. and applies to all actions in the courts Reed, 36–257. of this state, whether the land is sit SEC. 3711. In the cases contemplated in the last seven sections, Signature pre- the signature of the officer shall be presumed to be genuine, until the contrary is shown. sumed genu ine. R. 4056. C. '51, 2436. federal courts. JUDICIAL RECORDS. SEC. 3712. A judicial record of this state, or of any of the Of this state or federal courts of the United States, may be proved by the production of the original, or by a copy thereof certified by the clerk or the person having the legal custody thereof, authenticated by his seal of office, if he have one. R. 2 4057. C. '51. 2437. Of another state. R. 24058. C. '51, & 2438. Of a justice of C. '51, 2439. Of a foreign It is not necessary to account for the | Dupont v. Downing, 6–173. original before introducing a copy: SEC. 3713. That of another state may be proved by the attestation of the clerk and the seal of the court annexed, if there be a seal, together with a certificate of a judge, chief justice, or presiding magistrate that the attestation is in due form of law. courts: Lattourett v. Cook, 1–1. The method prescribed by act of The certificate of a judge, whether the presiding officer of the court or not, is sufficient: Simons v. Cook, 29 SEC. 3714. The official certificate of a justice of the peace of of the United States to any judgment and the prelimiany nary proceedings before him, supported by the official certificate of the clerk of any court of record within the county in which such justice resides, stating that he is an acting justice of the peace of that county, and that the signature to his certificate is genuine, is sufficient evidence of such proceedings and judgment. The certificate of the clerk should | show that the justice was a justice within the same county, and also that he was an acting justice at the time of signing the certificate: Gues dorf v. Gleason, 10-495. Brown v. Scott, 2 Gr. 454; his successor in office is the proper person to make the certificate here contemplated, as to any of the official proceedings of his predecessor shown by the records in his office, and the The certificate of a retired justice certificate of a clerk of a court that of the peace in relation to his former the justice is an acting justice and official proceedings, has no more his signature genuine, is sufficient: weight than that of a mere stranger:| Railroad Bank v. Evans, 32–202. SEC. 3715. Copies of records and proceedings in the courts of a foreign country may be admitted in evidence, upon being authenticated as follows: 1. By the official attestation of the clerk or officer in whose custody such records are legally kept; and, 2. By the certificate of one of the judges or magistrates of such court, that the person so attesting is the clerk or officer legally entrusted with the custody of such records, and that the signature to his attestation is genuine; and, 3. By the official certificate of the officer who has the custody of the principal seal of the government under whose authority the court is held, attested by said seal, stating that such court is duly constituted, specifying the general nature of its jurisdiction, and verifying the seal of the court. Parol evidence may be received to | show the practice and usage in the courts of another state, and whether a record conforms thereto, and its effect: Greasons v. Daris, 9-219. The certificate of the judge is conclusive that the attestation of the record is in due form, and if it ap- EXECUTIVE AND LEGISLATIVE RECORD. tive of U. S. or ernment. SEC. 3716. Acts of the executive of the United States, or of Of the executhis or any other state of the Union, or of a foreign government, any state or are proved by the records of the state department of the respec- foreign govtive governments, or by public documents purporting to have been R. 24061. printed by order of the legislatures of those governments respec- C. '51, 2441. tively, or by either branch thereof. other state or SEC. 3717. The proceedings of the legislature of this or any of the legisleother state of the Union, or the United States, or of any foreign ture of this or government, are proved by the journals of those bodies respect- foreign govively, or of either branch thereof, and either by copies officially ernment. certified by the clerk of the house in which proceeding was had, C. 51, 2412. or by a copy purporting to have been printed by their order. R. 2 4062. of the statutes. SEC. 3718. Printed copies of the statute laws of this or any Printed copies other of the United States, or of congress, or of any foreign gov- of the ernment, purporting or proved to have been published under the C. 51, 2443. authority thereof, or proved to be commonly admitted as evidence of the existing laws in the courts of such state or government, shall be admitted in the courts of this state as presumptive evidence of such laws. The method of proof here provide | would not exclude other methods, such as producing copies duly authenticated under the seal of the state; but the testimony of witnesses would not be admissible to prove the statutes of another state: Lattourett v. Cook, 1-1. Parol evidence of a person famil iar with the practice in other states Section applied: Webster v. Rees, Written law: unwritten law. C. '51, 2444. SEC. 3719. The public seal of the state or county affixed to a copy of the written law or other public writing, is also admissible as evidence of such law or writing respectively. The unwritten R.4064. laws of any other state or government may be proved as facts by parol evidence, and also by the books of reports of cases adjudged in their courts. of ordinances of any city or lown. R. 1076. SEC. 3720. The printed copies of the ordinances of any municiPrinted copies pal corporation published by its authority, and transcripts of any ordinances or of any act or proceeding of a municipal corporation recorded in any book, or entries on any minutes or journals kept under the direction of such municipal corporation, and certified by its clerk, shall be received in evidence for any purpose for which the original ordinances, books, minutes, or journals would be received and with as much effect. The clerk shall furnish such transcripts, and he shall be entitled to charge therefor at the rate that the clerk of the district court is entitled to charge for transcripts of records from that court. A court cannot take judicial notice. Wells, 8-286; Wolf v. City of of the ordinances of a city: Garvin Keokuk, 48-129. When taken and by whom. R. 2 4065. C. '51, 2445. Notice. R. 2 4066. C. '51, 2446. 234. DEPOSITIONS. SEC. 3721. After the commencement of a civil action or other civil proceeding, if a witness resides within this state but in a d fferent county from the place of trial, or is about to go beyond the reach of a subpoena, or is for any other cause expected to be unable to attend court at the time of trial, the party wishing his testimony, may, whenever he deems it expedient, take his deposition in writing before any person having authority to administer oaths; and if the action is by equitable proceedings and to be tried on written evidence, then, without any other rea: on therefor, either party may so take the deposition of any witness. A deposition need not be intro- | er v. Smith, 13–564; Pelamourges v. duced by the party taking it, but the Clark, 9-1, 16; Crick v. McClintic, 4 other party may introduce it if he so Gr. 290. desire: Hall v. Gibbs, 43-380; Wheel SEC. 3722. Reasonable notice of the name of a witness and the time and place when and where the same will be taken, must be given to the opposite party; but if notices are given in the 13 G. A. ch. 167, same case by the same party, and of the taking of depositions at different places upon the same day, they shall be invalid; and no party shall be required to take depositions on the day of the general election, or on the fourth day of July. Objection to the sufficiency of the notice is waived by appearing and cross-examining the witness: Neran v. Roup, 8-207. Where the notice stated the place for taking the deposition as the office of "Squire Moore, and the certifi 66 cate showed that it was taken at the office of Enos Moore, "held, that the notice was insufficient in that respect, and the deposit on was properly suppressed: McClintock v. Crick, 4-453. SEC. 3723. The deposition of a witness residing out of the Of witness out county, may be taken before one or more commissioners on writ of county. ten interrogatories. If the witness resides out of the | vis, 5-456. If the witness resides out of the state, but his deposition can be taken within the county where suit is pending, it may be taken on notice, and need not be by commission: Anderson v. Easton, 16-56. SEC. 3724. The party wishing to take such deposition may who commisselect any of the officers mentioned in the next section as such sioners. R. 4068. commissioners, or the parties may agree upon, or the court appoint C. 51, ¿ 2418. in the commission, any other individual for that purpose. [The word "party" in the first line, as it stands in the original, is "officer" in the printed code.] C. '51, 2449. SEC. 3725. The clerk, or any judge of any court of record, or same. any commissioners appointed by the governor of this state to take R. 40692 acknowledgment of deeds in another state, or any notary public, or any consul or consular agent of the United States, may be selected and appointed by the party such commissioner, either by the name of office of such officer, or by his individual name and official style, and the name of the court of which such constituted commissioner is clerk or judge, and the name of the state and county; or, if without the United States and Canada, the name of the state and town or city in which such commissioner of deeds, notary, or consul or consular agent resides, must be stated in the notice and in the commission issued. of Morgan county," etc., and the de- A commission directed to "any no- | ed to the "clerk of the district court tary public within and for" any certain county and state is sufficient to comply with the requirements of this section: Sheriff v. Hull, 37-174 In a commission to take a deposition in the United States or Canada, it is sufficient to name the county and state in which the commissioner resides. It is not necessary to name the city or town: Lyon v. Barrows, 13-428. A mistake in the title of the court of which the commissioner was clerk, and in the name of such clerk, held, fatal: Jones v. Smith, 6–229. It is not proper to select and direct a commission to several of the officers here specified, in the alternative: Levalley v. Harmon's Adm'r, 20–533. If a notary, before whom depositions are taken, is such an officer de fact, they cannot be suppressed on the ground that he had not properly qualified, and was not such officer de Where the commission was direct-jure: Keeney v. Leas, 14-464. C. 51, 2450. SEC. 3726. None of the above named officers are permitted to qualification. take the depositions aforesaid, by virtue of a commission directed R. 4070, to him merely as such officer, unless within the limits to which his official jurisdiction exte ds. tice. SE. 3727. Reasonable notice must be given the adverse party Notice: action of a time when a commission will be sued out of the office of the before a jusclerk of the court in which the action is pending; if such action is R. 24071, 49. in an inferior court, then from the office of the clerk of the circuit C. '51, ¿¿ 24.0, court, for taking the deposition of the witness, naming him, which notice must be accompanied with a copy of the interrogatories to be asked such witness. 2465. The name of the witness whose should be stated in the notice: Piltestimony is proposed to be taken, mer v. Branch, etc., Bank, 16-321. SEC. 3728. At or before the time thus fixed, the opposite Cross interrog party may file cross-interrogatories. If cross-interrogatories are R. 4072. & not filed, the clerk shall file the following: 1. Are you directly or indirectly interested in this action? and if interested, explain the interest you have; 2. Are all your statements in the foregoing answers made from your personal knowledge? and if not, do your answers show what atories. C. '71, 2452. Rules. C. '51, 2454. are made from your personal knowledge, and what are from information, and the source of that information? if not, now show what is from information, and give its source; 3. State everything you know concern...g the subject of this action, favorable to either party. SEC. 3729. Subject to the regulations herein contained, the court may establish farther rules for taking depositions and all other acts connected therewith. tice: what deemed. K. 4073. C. 51, 2453. NOTICE SERVICE OF. SEC. 3730. The notice herein before mentioned, is at least, Reasonable no- when served on the attorney, ten days, and when served on the party within the county, five days; if served on the party anywhere else, the notice shall be that required under other similar circumstances in the service of an original notice; and when depositions are to be taken in pursuance of the first of the above methods, one day in addition must be allowed for every thirty miles travel from the place where the notice is served, to that where the depositions are to be taken. No party shall be required to take depositions when the court is in actual session. How served. On attorney. By filing in clerk's office. R. 2 4076. When service is on a party, the ad- | time, the first day is to be excluded, ditional days for the distance of trav- and the last included: Richardson v. el are to be added to the five days; B. & M. R. Co., 8-260. and, in all cases, in computing the SEC. 3731. The notice, or notice and copy of interrogatories, may be served by the same persons on the same persons, in the same manner, and may be returned, and the return shall be authenticated in the same way, as should be an original notice in the same cause when served other than by publication. SEC. 3732. It may also be served personally on any attorney of the adverse party of record in the cause. SEC. 3733. Whenever the adverse party has been notified by publication only, and has not appeared, he shall be deemed served with the notice, or the notice and interrogatories, by the filing of the same with the clerk in the cause. Depositions taken upon such no- | The fact that such depositions were tice as here provided, are admissible taken without any cross-examination on a re-trial of the cause after default by defendant, will not exclude them: is set aside, as provided in § 2877. Watson v. Russell, 18-79. Commission: C. '51, 2455. How taken. MANNER OF TAKING DEPOSITIONS. SEC. 3734. The commission issues in the name of the court and under its seal. It must be signed by the clerk, and need contain nothing but the authority conferred upon the commissioner, instructions to guide him, and a statement of the cause and court in which the testimony is to be used, and a copy of the interrogatories on each side appended. See notes to § 3725. SEC. 3735. The person before whom any of the depositions above contemplated are taken, must cause the interrogatories propounded, whether written or oral, to be written out, and the |
