TITLE 7.

OF

THE PRINTED STATUTES OF THIS STATE, THE RECORDS AND PROCEEDINGS COURTS, AND THE LAWS OF OTHER STATES, AND OF FOREIGN LAWS, AS EVIDENCE.

$ 54. (SEC. 49.) Records of foreign courts, when. The records and judicial proceedings of any court of any state or territory, or of the United States, shall be admissible in evidence, in all cases in this state, when authenticated by the attestation of the clerk, prothonotary, or other officer having charge of the records of such court, with the seal of such court annexed.

19 M. 239.

§ 55. (SEC. 50.) Printed copies of statutes. The printed copies of all statutes, acts and resolves of this state, whether of a public or private nature, which are published under the authority of the state, are admissible, as sufficient evidence thereof, in all courts of law, and on all occasions whatsoever.

4 M. 251 (335.)

*$56. Bissell's statutes at large. That the work commonly known and designated as the Statutes at Large of Minnesota of one thousand eight hundred and seventy-three, compiled by A. H. Bissell and published by Callaghan and Company, printed and bound in two volumes, and containing a compilation of the general and statute laws of this state, shall be admissible in all the courts of law of this state, and on all occasions, as prima facie evidence of such laws: provided, however, that the publisher of said compilation shall file with the secretary of state an agreement, to the satisfaction of said secretary of state, to furnish, for the use of the state, or of the counties of the state, any number of copies of said compilation required for the next ten years, at not more than ten dollars per set. (1874, c. 79, § 1.)

§ 57. (SEC. 51.) Printed copies of statutes of other states. Printed copies of the statute laws of any state or territory of the United States, if purporting to be published under the authority of their respective governments, or if commonly admitted and read as evidence in their courts, are admissible in all courts of law, and on all other occasions, in this state, as prima facie evidence of such laws.

§ 58. (SEC. 52.) Common law of other states, how proved. The unwritten or common law of any state or territory of the United States may be proved as facts by parol evidence; and the books of reports of cases adjudged in their courts may also be admitted as evidence of such law.

§ 59. (SEC. 53.) Existence and effect of foreign laws, how proved. The existence, and the tenor or effect of all foreign laws may be proved as facts, by parol evidence; but if it appears that the law in question is contained in a written statute or code, the court may, in its discretion, reject any evidence of such law that is not accompanied by a copy thereof.

§ 60. City ordinances published by authority. Whenever the by-laws, ordinances, rules and regulations of any city of this state, incorporated under the provisions of chapter thirty-one of the laws of one thousand eight hundred and seventy, entitled "An act to authorize the incorporation of cities," or by any special act prior to or subsequent to that date, have been or shall hereafter be printed and published by authority of the corporation, the same shall be received in evidence in all courts and places, without further proof. (1873, c. 68, § 1.)

TITLE 8.

DOCUMENTARY EVIDENCE AND THE PRESERVATION THEREOF.

§ 61. (SEC. 54.) Affidavit of publication of notice of application to court-filing. When notice of any application to any court or judicial officer, for any proceeding

authorized by law, is required to be published in one or more newspapers, an affidavit of the printer of such newspaper, or of his foreman or principal clerk, annexed to a printed copy of such notice, taken from the paper in which it was published, and specifying the time when and the paper in which such notice was published, may be filed with the proper officer of the court, or with the judicial officer before whom such proceeding is pending, at any time within six months after the last day of the publication of such notice, unless sooner specially required.

8 M. 338 (381.)

§ 62. (SEC. 55.) Affidavit of publication of notice of sale of real estate-filing. When any notice of a sale of real property is required by law to be published in any newspaper, an affidavit of the printer of such newspaper, or of his foreman or principal clerk, annexed to a printed copy of such notice, taken from the paper in which it was published, and specifying the times when and the paper in which such notice was published, may be filed, at any time within six months after the last day of such publication, with the register of deeds in the county in which the premises sold are situated.

18 M. 66, 366.

§ 63. (SEC. 56.) Such affidavits or certified copies, to be evidence. The original affidavit so filed pursuant to the two preceding sections, and copies thereof, duly certified by the officer in whose custody the same may be, is evidence in all cases, and in every court or judicial proceeding, of the facts contained in such affidavit.

§ 64. (SEC. 57.) Affidavit of printer, evidence, when. The affidavit of the printer, or foreman of such printer, of any newspaper published in this state, of the publication of any notice or advertisement which by any law of this state is required to be published in such newspaper, is prima facie evidence of such publication, and of the facts stated therein.

§ 65. (SEC. 58.) Form of certificate to copies of papers-seal to be used. Whenever a certified copy of an affidavit, record, document or other paper, is allowed by law to be evidence, such copy shall be certified by the officer in whose custody the same is required by law to be. to have been compared by him with the original, and to be a correct transcript therefrom; and if such officer have any official seal by law, such certificate shall be authenticated by such seal; but this section shall not apply to any record, document or any papers kept in the departments or offices of the United States government. (As amended 1876, c. 70, § 1.)

14 M. 236.

§ 66. (SEC. 59.) Limitation of preceding section as to seals. But the preceding section shall not be construed to require the affixing of the seal of the court to any certified copy of a rule or order made by such court, or of any paper filed therein, when such copy is used in the same court, or before any officer thereof,

§ 67. (SEC. 60.) Instruments may be acknowledged and made evidence. Every written instrument, except promissory notes and bills of exchange, and except the last wills of deceased persons, may be proved or acknowledged in the manner now provided by law for taking the proof or acknowledgment of conveyances of real estate; and the certificate of the proper officer indorsed thereon shall entitle such instrument to be read in evidence in all courts of justice, and all proceedings before any officer, body or board, with the same effect, and in the same manner, as if such instrument was a conveyance of real estate.

$68. (SEC. 61.) Deposit of instruments with register of deeds and clerk of court. The register of deeds and the clerk of any court of record in every county of this state, upon being paid the fees allowed therefor by law, shall receive and deposit in their offices, respectively, any instruments or papers which any person shall offer them for that purpose, and, if required, shall give such person a written receipt therefor.

§ 69. (SEC. 62.) Such instruments to be indorsed and filed. Such instruments or papers shall be properly indorsed, so as to indicate their general nature and the names of the parties thereto, shall be filed by the officer receiving the same, stating the time when received, and shall be deposited and kept by him and his successors in office in the same manner as his official papers, in some place separate and distinct from such papers.

$ 70. (SEC. 63.) Instruments on file, how withdrawn. The instruments and papers so received and deposited shall not be withdrawn from such office, except on the order of some court, for the purpose of being read in evidence in such court, and then to be returned to such office; nor shall they be delivered, without such order, to any person, unless upon the written order of the person who deposited the same, or his executors or administrators.

§ 71. (SEC. 64.) Instruments open to examination. Such instruments or papers so deposited shall be open to the examination of any person desiring the same, upon the payment of the fees allowed by law.

$72. (SEC. 65.) Certificate of officer that paper is not in his office. When any officer to whom the legal custody of any documents, instrument or paper belongs, shall certify, under his official seal, that he has made diligent examination in his office for such paper, instrument or document, and that it can not be found, such certificate is presumptive evidence of the fact so certified, in all causes, matters and proceedings, in the same manner, and with like effect, as if such officer had personally testified to the same in the court or before the officer before whom such cause, matter or proceeding may be pending.

§ 73. (SEC. 66.) Certified copies of records and files in public offices. Copies of all papers, documents or writings required by law to be filed or left in any public office in this state, and transcripts of any public records kept therein, certified by the officer having custody of the same, under his official seal, if he has one, are admissible in evidence, with the like effect and to the same extent as the originals.

* 74. Copies of papers on file in U. S. government offices. That copies of all or any records, papers or documents belonging to and being in any of the governmental departments of the United States, authenticated as such, and in accordance with the laws of the United States to entitle such records, papers or documents to be received as evidence in the courts of the United States, shall be received and admitted as evidence in all the courts of the state of Minnesota. (1878, c. 52, § 1.)

TITLE 9.

THE LOSS OF INSTRUMENTS AND PROCEEDINGS THEREON.

$75. (SEC. 67.) Evidence on question of loss of instrument. Whenever a party to an action is permitted to prove by his own oath the loss of any instrument, in order to admit other proof of the contents thereof, the adverse party may also be examined by the court, on oath, to disprove such loss, and to account for such instrument.

§ 76. (SEC. 68.) Evidence of contents of lost bill or note-recovery thereon. In any action founded on any negotiable promissory note or bill of exchange, or in which such note, if produced, might be allowed as a set-off in the defence of any action, if it appears on the trial that such note or bill was lost while it belonged to the party claiming the amount due thereupon, parol or other evidence of the contents thereof may be given on such trial, and, notwithstanding such note or bill was negotiable, such party shall be entitled to receive the amount due thereon, as if such note or bill had been produced.

14 M. 406.

$77. (SEC. 69.) Same-bond to be given. But to entitle a party to a recovery on a negotiable promissory note or bill of exchange which has been lost, he shall execute a bond to the adverse party, in a penalty at least double the amount of such note or bill, with two sureties, to be approved by the court in which the recovery is had, or the clerk thereof in case no trial has been had, conditioned to indemnity the adverse party, his heirs, and personal representatives, against all claims by any other persons on account of such note or bill, and against all costs and expenses by reason of such claim.

14 M. 406.

TITLE 10.

ACCOUNT BOOKS, RECORDS, INSTRUMENTS AND JUSTICES' DOCKETS AS EVIDENCE.

$ 78. (SEC. 70). Account books prima facie evidence, when. Whenever a party in any cause or proceeding produces at the trial his account books, and proves that said books are his books of account kept for that purpose, that they contain the original entries of charges for moneys paid, or goods or other articles delivered, or work and labor or other services performed, or materials furnished; that the charges therein were made at the time of the transactions therein entered; that they were in the handwriting of some person authorized to make charges in said books, and are just and true as the person making such proof verily believes, the witness by whom said books are sought to be proved being subject to all the rules of cross-examination, and said books subject to all just exceptions as to their credibility, said books shall be received as prima facie evidence of the charges therein contained. (As amended 1876, c. 52, § 1.)

21 M. 225; 22 M. 19.

§ 79. (SEC. 72.) Ledger to be produced, when. Where a book has marks which show that the items have been transferred to a ledger, the book shall not be testimony unless the ledger is produced.

$80. (SEC. 73.) Entries by person deceased admissible. Any entries made in a book by a person authorized to make the same, he being dead, may be received as evidence, in a case proper for the admission of such book as evidence, on proof that the same are in his handwriting, and in a book kept for such entries, without further verification.

§ 81. (SEC. 74.) Minutes of conviction and judgment. A copy of the minutes of any conviction and judgment, duly certified by the clerk in whose custody such minutes are, under his official seal, together with a copy of the indictment on which the conviction was had, certified in the same manner, shall be evidence, in all courts and places, of such conviction and judgment, without the production of the judgment-roll.

§ 82. (SEC. 75.) Docket of justice of the peace. Whenever it becomes necessary, in an action before a justice of the peace, to give evidence of a judgment or other proceedings had before him, the docket of such judgment or other proceeding, or a transcript thereof certified by him, shall be good evidence thereof before such justice.

$83. (SEC. 76.) Transcript from justice's docket. A transcript from the docket of any justice of the peace of any judgment had before him, of the proceedings in the case previous to such judgment, of the execution issued thereon, if any, and of the return to such execution, if any, when certified by such justice, is evidence to prove the facts contained in such transcript, in any court in the county where such judgment was rendered.

§ 84. (SEC. 77.) Same-to have certificate of clerk of court. To entitle such transcript to be read in evidence in a different county than that in which the judgment was rendered, or the proceedings originated, there shall be attached thereto, or indorsed thereon, a certificate of the clerk of the district court of the

county in which such justice resides, under the seal of said court, specifying that the person subscribing such transcript was, at the date of the judgment therein mentioned, a justice of the peace of such county.

$ 85. (SEC. 78.) Proceedings before justice, not reduced to writing, how proved. The proceedings in any cause had before a justice, not reduced to writing by said justice, nor being the contents of any paper or document produced before said justice, unless such paper or document is lost or destroyed, may be proved by the oath of the justice. In case of his death or absence, they may be proved by producing the original minutes of such proceeding entered in a book kept by such justice, accompanied by proof of his handwriting; or they may be proved by producing copies of such minutes, sworn to by a competent witness as having been compared by him with the original entries, with proof that such entries were in the handwriting of the justice.

$86. (SEC. 79.) Certificate of conviction before justice. Every certificate of conviction made and filed by a justice under the provisions of law, or a duly certified copy thereof, is evidence, in all courts and places, of the facts therein contained.

§ 87. (SEC. 80.) Exemplification of judgment of justice in another state. An exemplification of a judgment rendered by any justice of the peace, in any state or territory of the United States, officially certified by such justice as a full and correct copy of all the proceedings in that case from his docket, with a certificate of magistracy thereon, signed and authenticated by a clerk of a court of 1ecord in the county where such judgment was rendered, with the seal thereof attached, is evidence, in any court in this state, to prove the facts contained in such exemplification.

19 M. 239.

$88. (SEC. 81.) Court may order inspection of documents, when. The court before which an action is pending, or a judge thereof, may order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of any book, document or paper in his possession or under his control, containing evidence relating to the merits of the action, or the defence therein; if compliance with the order is refused, the court may exclude the book, document or paper from being given in evidence, or, if wanted as evidence by the party applying, may direct the jury to presume it to be such as he alleges it to be; and the court may also punish the party refusing. This section is not to be construed to prevent a party from compelling another to produce books, papers or documents, when he is examined as a witness.

§ 89. (SEC. 82.) Bills and notes-signatures presumed genuine. In actions brought on promissory notes or bills of exchange by the indorsee, the possession of the note or bill is prima facie evidence that the same was endorsed by the person by whom it purports to be endorsed; and every written instrument purporting to have been signed or executed by any person shall be proof that it was so signed or executed, until the person by whom it purports to have been signed or executed shall deny the signature or execution of the same by his oath or affidavit; but this section shall not extend to instruments purporting to have been signed or executed by any person who shall have died previous to the requirement of such proof. (As amended 1875, c. 67, § 1.)

22 M. 97.

§ 90. (SEC. 83.) Effect of indorsement of money received on note. An indorsement of money received, on any promissory note, which appears to have been made when it was against the interest of the holder to make it, is prima facie evidence of the facts therein contained.

$91. (SEC. 84.) Land-office receipt, etc.-evidence of title. The receipt or certificate, signed by the register or receiver of any United States land-office, of the entry or purchase of any tract of land, or of the location of any tract by a military land warrant, is prima facie evidence, in the courts of this state, that the title