cuit Courts in the said districts, when certified by the clerks respectively, making the same to be full and true copies from the original books, shall have the same force and effect as records as the originals. And the certificates of the clerks of said Circuit Courts, respectively, of transcripts of any of the books or papers so transferred to them, shall be received in evidence with the like effect as if made by the clerk of the court in which the proceedings were had." 76 "The transcripts into new books made by the clerks of the Circuit and District Courts for the western district of North Carolina, in pursuance of the act of June four, eighteen hundred and seventy-two, chapter two hundred and eighty-two, when certified by the clerks respectively, making the same to be full and true copies from the original books, shall have the same force and effect as records as the originals. And the certificates of the clerks of said Circuit and District Courts respectively, of transcripts of any of the said transcribed records, shall also be received in evidence with the like effect as if made by the proper clerk from the originals from which such records were transcribed." 77 "When the record of any judgment, decree, or other proceeding of any court of the United States is lost or destroyed, any party or person interested therein may, on application to such court, and on showing to its satisfaction that the same was lost or destroyed without his fault, obtain from it an order authorizing such defect to be supplied by a duly certified copy of the original record, where the same can be obtained; and such certified copy shall thereafter have, in all respects, the same effect as the original record would have had." 78 "When any such record is lost or destroyed, and the defect cannot be supplied as provided in the preceding section, any party or person interested therein may make a written application to the court to which the record belonged, verified by affidavit, showing such loss or destruction; that the same occurred without his fault or neglect; that certified copies of such record cannot be obtained by him; and showing also the substance of the record so lost or destroyed, and that the loss or destruction thereof, unless supplied, will or may result in damage to him. The court shall cause said application to be entered of record, and a copy of it shall be served personally upon every person interested therein,

76 U. S. R. S. § 897.

77 U. S. R. S. § 898.

78 U. S. R. S. § 899; Cornett v. Wil liams, 20 Wall. 226.

together with a written notice that on a day therein stated, which shall not be less than sixty days after such service, said application will be heard; and if, upon such hearing, the court is satisfied that the statements contained in the application are true, it shall make and cause to be entered of record an order reciting the substance and effect of said lost or destroyed record. Said order shall have the same effect, so far as concerns the party or person making such application and the persons served as above provided, but subject to intervening rights, which the original record would have had, if the same had not been lost or destroyed." 79"When any cause has been removed to the supreme court, and the original record thereof is afterward lost, a duly certified copy of the record remaining in said court may be filed in the court from which the cause was removed, on motion of any party or person claiming to be interested therein; and the copy so filed shall have the same effect as the original record would have had if the same had not been lost or destroyed." 80 "In any proceedings in conformity with law to restore the records of any court of the United States which have been or may be hereafter lost or destroyed, the notice required may be served on any nonresident of the district in which such court is held anywhere within the jurisdiction of the United States, or in any foreign country; the proof of service of such notice, if made in a foreign country, to be certified by a minister or consul of the United States in such country, under his official seal." 81"A certified copy of the official return, or any other official paper of the United States attorney, marshal, or clerk, or other certifying or recording officer of any court of the United States, made in pursuance of law, and on file in any department of the government, relating to any cause or matter to which the United States was a party in any such court, the record of which has been or may be lost or destroyed, may be filed in the court to which it appertains, and shall have the same force and effect as if it were an original report, return paper, or other document made to or filed in such court; and in any case in which the names of the parties and the date and amount of judgment or decree shall appear from such return paper, or document, it shall be lawful for the court in

79 U. S. R. S. § 900.

80 U. S R. S. § 901.

81 U. S. R. S § 902, as amended by Act

of Jan. 31, 1879, ch. xxxix, § 1 (20 St. at L. 277).

which they are filed to issue the proper process to enforce such decree or judgment, in the same manner as if the original record remained in said court. And in all cases where any of the files, papers, or records of any court of the United States have been or shall be lost or destroyed, the files, records, and papers which, pursuant to law, may have been or may be restored or supplied in place of such records, files, and papers, shall have the same force and effect to all intents and purposes, as the originals thereof would have been entitled to." 82 "Whenever any of the records or files in which the United States are interested of any court of the United States have been or may be lost or destroyed, it shall be the duty of the attorney of the United States for the district or court to which such files and records belong, so far as the judges of such courts respectively shall deem it essential to the interests of the United States that such records and files be restored or supplied, to take such steps, under the direction of said judges, as may be necessary to effect such restoration or substitution, including such dockets, indices, and other books and papers as said judges shall think proper. Said judges may direct the performance, by clerks of said courts respectively and by the United States attorneys, of any duties incident thereto; and said clerks and attorneys shall be allowed such compensation, for services in the matter and for lawful disbursements, as may be approved by the attorney-general of the United States, upon a certificate by the judges of said courts stating that such claim for services and disbursements is just and reasonable; and the sum so allowed shall be paid out of the judiciary fund." 83

"The acts of the legislature of any State or Territory, or of any country subject to the jurisdiction of the United States, shall be authenticated by having the seals of such State, Territory, or country affixed thereto. The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, 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, chiefjustice, or presiding magistrate, that the said attestation is in due form. And the said records and judicial proceedings, so authenti

82 U. S. R. S. § 903, as amended by Act of Jan. 31, 1879, ch. xxxix, § 2 (20 St. at L. 277).

88 U. S. R. S. § 904, as amended by Act of Jan. 31, 1879, ch. xxxix, § 3 (20 St. at L. 278).

cated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken." 84 This statute applies to the Federal courts as well as to the State courts.85 The courts of the United States take judicial notice of the public acts of the legislatures of the different States.86 It will be presumed that the seal of a State was annexed to a paper by the proper officer under due authority.87 The certificate must show that the person who signed it as judge was, when he signed it, the judge, chief justice, or presiding magistrate of the court in which the judgment is of record.88 If the laws of a State show that the court in which the judgment was rendered consisted of but a single judge, it is not material in a Federal court that the certificate to the attestation of the clerk did not show that the certifying officer was the sole judge, chief justice, or presiding magistrate.89 The certificate of the judge that he is "one of the judges" of the court, is insufficient. The judge should certify that the attestation is in due form according to the laws of the State.91 If a clerk of a court certifies at the foot of a paper which purports to be a record, that the foregoing is truly taken from the record of proceedings of his court, and if the judge, chief justice, or presiding magistrate certifies that such attestation of the clerk is in due form of law, it is to be presumed that the paper so certified is in due form, and is a full copy of the proceedings in the case, and is admissible in evidence; but if it proves to be a mere transcript of minutes taken from the docket of the court, it is not admissible.92 If a judgment has been recovered against a corporation by a wrong name, there may be a recovery in a suit on such judgment in another State brought against it by the proper name.93

"All records and exemplifications of books, which may be kept 81 U. S. R. S. § 905. The cases con- 8. c. 1 Wash. C. C. 363; United States v. struing this section of the Revised Stat- Amedy, 11 Wheat. 392. utes are very numerous, and may be found collected in Greenleaf on Evidence, §§ 504-506; Bump's Federal Procedure, 565-617.

85 Gormley v. Bunyan, 138 U. S. 623, 635; Mills v. Duryee, 7 Cranch, 481; Galpin v. Sage, 3 Saw. 93.

86 Owings v. Hull, 9 Pet. 607.

87 United States v. Johns, 4 Dall. 412;

88 Stewart v. Gray, Hemps. 94; United States v. Biebusch, 1 McCrary, 42; 1 Fed. R. 213.

89 Bennett v. Bennett, Deady, 299. 90 Stewart v. Gray, Hemps. 94; Gardner v. Lindo, 1 Cranch C. C. 78.

91 Craig v. Brown, Pet. C. C. 352. 92 Ferguson v. Harwood, 7 Cranch, 408. 98 La Fayette Ins. Co. v. French, 18 How. 404.

in any public office of any State or Territory, or of any country subject to the jurisdiction of the United States, not appertaining to a court, shall be proved or admitted in any court or office in any other State or Territory, or in any such country, by the attestation of the keeper of the said records or books, and the seal of his office annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county, parish, or district in which such office may be kept, or of the governor, or secretary of state, the chancellor or keeper of the great seal, of the State or Territory, or country, that the said attestation is in due form, and by the proper officers. If the said certificate is given by the presiding justice of a court, it shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or, if given by such governor, secretary, chancellor, or keeper of the great seal, it shall be under the great seal of the State, Territory, or country aforesaid in which it is made. And the said records and exemplifications, so authenticated, shall have such faith and credit given to them in every court and office within the United States as they have by law or usage in the courts or offices of the State, Territory, or country, as aforesaid, from which they are taken." This section does not impart to the authenticated State record anything more than "faith and credit," and does not extend the effect of a decision against a State to the United States, nor make an award or judgment which might be final against a State either obligatory in law or conclusive against the United States.95 Where a deed of land in Texas had been executed in accordance with the civil laws in Louisiana, and a copy furnished to the grantee as a second original, this copy was admitted in evidence, upon proof by the witness that he had examined the original on file in the notary's book; that the copy was a true one; that the notary before whom the conveyance was executed was dead; that the witness knew the handwriting, which was genuine; that the witness knew the handwriting of one of

94 U. S. R. S. § 906. See also Snyder v. Wise, 10 Pa.St. 157; Lawrence v. Gaultney, Cheves Law (S.C.), 7; King v. Dale, 2 Ill. 513; Henthorn v. Doe, 1 Blackford (Ind.), 157; Russell v. Kearney, 27 Ga. 96; Paca v. Dutton, 4 Mo. 371; Karr v. Jack

son, 28 Mo. 316; Grant v. Henry Clay Coal Co., 80 Pa. St. 208; and authorities cited in Bump's Federal Procedure, 617619.

95 Williams v. United States, 187 U. S. 113, 186.