455. (451.) Instruments, how executed.-320. The execution of an instrument is the subscribing and delivering it, with or without affixing a seal.

To subscribe, means to write the name under or at the bottom. The writing of the name in the body of a bond is not subscribing it. Wild Cat Branch v. Ball, 45 Ind. 213. A contract may become binding by writing the name of the obligor in the body thereof. McMillen v. Terrell, 23 Ind. 163.

The delivery is the final act of execution. As to what constitutes a delivery. See, Prather v. Zulauf, 38 Ind. 155; McNeely v. Rucker, 6 Blkf. 391; Mullett v. Page, 8 Ind. 364; Somers v. Pumphrey, 24 Ind. 231; Taylor v. McClure, 28 Ind. 39; Vaughan v. Godman, 103 Ind. 499; Colee v. Colee, 122 Ind. 109; Dearmond v. Dearmond, 10 Ind. 191; Berry v. Anderson, 22 Ind. 36; Robbins v. Magee, 76 Ind. 381; Burkholder v. Casad, 47 Ind. 418; Owen v. Williams, 114 Ind. 179; Goodpaster v. Leathers, 123 Ind. 121; Stokes v. Anderson, 118 Ind. 533; Bremmerman v. Jennings, 101 Ind. 253.

456. (452.) Effect of recitals.-321. Recitals in any written instrument shall have no greater effect than they have heretofore had in writings not under seal.

457. (453.) Effect of last three sections.-322. The last three sections do not repeal or affect any statute of this state expressly requiring a seal to a deed or other instrument.

[R. S. U. S. 1878, p. 171.]

458. (454.) Legislative acts and judicial records authenticatedEffect.-905. 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, chief justice, or presiding magistrate, that the said attestation is in due form. And the said records and judicial proceedings, so authenticated, 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. [26 May, 1790, c.ii, v. i, p. 122.]

The statute of another state authenticated as provided in this section, is admissible in evidence, though the authentication does not conform to section 457, R. S. 1881. Ansley v. Meikle, 81 Ind. 260.

When it appears that a judgment is rendered by a court of another state having a judge, clerk and seal, jurisdiction to render the judgment will be presumed. Bailey r. Martin, 119 Ind. 103.

When the record of proceedings of a court of another state are lost or destroyed, their contents may be proven. Bailey v. Martin, 119 Ind. 103.

Proceedings of courts of other states must be proven by duly authenticated copies of the records. Teter v. Teter, 88 Ind. 494; Hamilton v. Shoaff, 99 Ind. 63.

The constitution of the United States requiring full faith and credit to be given to the judicial proceedings of each state in all others, does not apply to a judgment rendered without notice. Cone v. Cotton, 2 Blkf. 82.

459. (455.) Other public records, how authenticated-Effect.—906. All records and exemplifications of books, which may be kept 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 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. [27 March, 1804, c. 56, v. 2, pp. 298, 299.]

A record of another state, not judicial, may be proved by a sworn copy. Hall v. Bishop, 78 Ind. 370.

The certificate of a judge of another state to a copy of a record must show that he is judge of the court in which the proceedings were had. Phelps v. Tilton, 17 Ind. 423. As to the form of the authentication of records from other states, see Dragoo v. Graham, 17 Ind. 427; English v. Smith, 26 Ind. 445; Ault v. Zehering, 38 Ind. 429.

[1881 S., p. 240. In force September 19, 1881.]

460. (456.) Indiana statutes, etc., evidence.-323. The printed statute books of this state, and of the late territory north-west of the Ohio river, and the territories of Indiana and Illinois, purporting to be printed under the authority of said state or territories, shall be evidence in all courts and places of the acts therein contained.

461. (457.) Statutes of other states, etc., evidence.-324. The printed statute books of the several states and territories of the United States, purporting to be printed under the authority of those states and territories, and any copy of any statute, or any part thereof, contained therein, having attached thereto the certificate of the secretary of state, under seal of the state, certifying the copy to be complete and correct; that the statute book, from which the copy is taken, is deposited in the office of the secretary or in the state library; and is, by him, believed to have been received under the authority of the state or territory purporting to have enacted the same-shall be presumptive evidence, in all courts, of the legislative acts, public or private, of those states or territories respectively.

The statute laws of other states can not be proved by parol; they must be proven by

certified copies from the secretary of state, or from copies printed by state authority. Line v. Mack, 14 Ind. 330; Crake v. Crake, 18 Ind. 156; Paine v. Railroad Co., 31 Ind. 283.

The statute of another state authenticated according to section 454, R. S. 1881, is admissible as evidence though the authentication does not comply with this section. Ansley v. Meikle, 81 Ind. 260.

Statutes of other states printed by public authority are admissible in evidence. Comparet v. Jernegan, 5 Blkf. 375; Vaughn v. Griffith, 16 Ind. 353; Rothrock v. Perkinson, 61 Ind. 39; Magee v. Sanderson, 10 Ind. 261.

462. (458.) Judgments of justices, etc., of other states.-325. Copies of the proceedings and judgments of any justice of the peace of any state or territory of the United States, or of the District of Columbia, certified by the justice or justices, under his or their hands and seals, before whom the proceedings were had or judgments rendered, or their successors in office, or other justices having legal custody thereof, that the same are true and complete copies of the proceedings or judgments, with the certificate of the clerk or prothonotary of any court of record of the county or district where said justice or justices shall hold his or their office or offices, certifying, under the seal of said court, that the justice or justices was or were at the time when the proceedings were had or judgments rendered, and when the copy was taken, duly commissioned and qualified to act as such, shall be admissible as evidence in any of the courts of this state.

A certificate, under the hand and seal of a justice of this state, to a transcript that it is "a true copy" of the proceedings and papers in the case, is sufficient, without any further authentication, in any court in the state. Draggoo v. Graham, 9 Ind. 212; Fisher v. Hamilton, 49 Ind. 341.

Transcripts of judgments of justices of the peace of other states need not be authenticated by a judge. Dragoo v. Graham, 17 Ind. 427.

This section is not in conflict with section 472, R. S. 1881, the latter section relating to proceedings of courts of record. Ault v. Zehering, 38 Ind. 429.

463. (459.) Judgments of justices in this state.-326. Copies of the proceedings and judgments of any justice of the peace of this state, certified under his hand and seal, or under the hand and seal of the justice who may have the legal custody thereof, as true and complete copies of such proceedings or judgments, shall be received as evidence in the several courts in this state.

Transcripts from the dockets of justices of the peace of this state need only be certified to by such justices. Fisher v. Hamilton, 49 Ind. 341.

This section does not exclude the original docket and entry of proceedings; they are competent, also, whenever introduced and identified. Miller v. State, 61 Ind. 503; Kennard v. Carter, 64 Ind. 31; Redelsheimer v. Miller, 107 Ind. 485.

464. (460.) Certificates of notaries public.-327. Certificates or instruments, either printed or written, purporting to be the official act of a notary public of this state, of the District of Columbia, or of any other state or territory of the United States, and purporting to be under the seal and signature of such notary public, shall be received as presumptive evidence of the official character of such instrument and of the facts therein set forth.

The certificate of a notary, purporting to be his official act and to be un er his seal and signature, is presumptive evidence of its official character and of the facts set forth therein. Tedrow v. Esher, 56 Ind. 443.

The seal of a notary need not contain the name of the county for which he was appointed. Lange v. State, 95 Ind. 114.

I notary may use the seal of another notary. Bank v. Brown, 112 Ind. 474.

465. (461.) Certificate of secretary of state.-328. The certificate of the secretary of state, under the seal of state, stating the time when any act or acts of the general assembly were deposited in his office, or deposited in the office of the clerk of any circuit or superior court in this state, as shall appear from the certificate or receipt of any such clerk, shall be admissible in all the courts of this state as evidence of the facts stated in such secretary's certificate.

466. (462.) Copies of records, etc., in public offices.-329. Exemplifications or copies of records, and records of deeds and other instruments, or of office books or parts thereof, and official bonds which are kept in any public office in this state, shall be proved or admitted as legal evidence in any court or office in this state, by the attestation of the keeper of said records, or books, deeds or other instruments, or official bonds, that the same are true and complete copies of the records, bonds, instruments, or books, or parts thereof in his custody, and the seal of office of said keeper thereto annexed, if there be a seal, and if there be no official seal, there shall be attached to such attestation, the certificate of the clerk, and the seal of the circuit or superior court of the proper county where such keeper resides. that such attestation is made by the proper officer.

See section 7931.

The certificate to the transcript of a record should show tha. the papers therein are "true and complete copies of all the papers in the cause.' Wiseman v. Lynn, 39 Ind. 250.

As to the form of certificates to records and papers, see Kessling v. Truitt,30 Ind. 306; Gale v. Parks, 58 Ind. 117; Painter v. Hall, 75 Ind. 208; Bradford v. Russell, 79 Ind. 64; Anderson v. Ackerman, 88 Ind. 481; Tull v. David, 27 Ind. 377; Vail v. Rinehart, 105 Ind. 6; Yeager v. Wright, 112 Ind. 230.

An authenticated copy of an official bond is admissible in evidence against the estate of a surety therein, without proof of its execution. Nutzenholster v. State, 37 Ind. 457. The record of a deed is proper evidence: neither the original nor a certified copy thereof is required. Bowers v. Van Winkle, 41 Ind. 432; Patterson v. Dallas, 46 Ind. 48. The rule is the same respecting mortgages. Lyon v. Perry, 14 Ind. 515; Morehouse . Potter, 15 Ind. 477.

The seal and signature of the commissioner of the general land office prima facie prove themselves. Harris v. Doe, 4 Blkf. 369.

A United States land-office patent is admissible, without proof of its execution. Bowser. Warren, 4 Blkf. 522.

Copies of records of the courts of the United States held in this state are competent evidence when authenticated by the keeper of such records. Bradford v. Russell, 79 Ind. 64.

Certified copies of the books of the county auditor are admissible in evidence. Wells *. State, ex rel., 22 Ind. 241; State, ex rel., v. Sutton, 99 Ind. 300.

Certified copies of the records of deeds and mortgages are competent evidence. Abshire v. State, ex rel., 53 Ind. 64.

Certified copies of the records of the adjutant general's office are admissible in evidence. Board v. May, 67 Ind. 562.

Copies of the record of letters-patent issued for swamp lands, authenticated by the auditor of state, are admissible in evidence. Nitche v. Earle, 117 Ind. 270.

It is presumed that courts perform their duty, as to entering and signing judgments. Anderson v. Ackerman, 88 Ind. 481.

Certified copies of tax assessment lists are competent evidence. Painter v. Hall, 75 Ind. 208.

The copy of the tax duplicate in office of the county auditor is competent evidence. Standard Co. v. Bretz, 98 Ind. 231.

If a record is lost or destroyed a sworn copy may be received. Jones v. Levi, 72 Ind. 586.

Authenticated copies of a county treasurer's settlement sheet are competent evidence. Board v. Benson, 83 Ind. 469.

[Acts 1883, p. 109. In force March 5, 1883.]

467. (E. S. 21.) Deeds by administrators, and others-Evidence.— 1. That whenever, heretofore or hereafter, any deed shall have been executed by any administrator, executor, guardian, sheriff, or commissioner of court, by virtue of any order, judgment, or decree of court, or by virtue of any will, or by virtue of any sale made upon any execution issued on any judgment, and the record of such order, decree of court, will, execution, or judgment, shall have been destroyed by fire in the burning of any court-house in this state, then such deed, or the record thereof, shall be prima facie evidence of all the facts recited in such deed, and of the regularity and sufficiency of all the proceedings, records, and papers in virtue of which the deed

was executed.

When a will directs that real estate shall be appraised before sale, it will be presumed after sale by the executor, in the absence of proof to the contrary, where the deed purports to have been made in accordance with the will and the public records have been destroyed, that an appraisement was had. Davis v. Hoover, 112 Ind. 423.

[Acts 1883, p. 110. In force March 5, 1883.]

468. (E. S. 22.) Partition records.-2. That whenever any partition of real estate, in any county in this state, shall have been made. by judgment of any court in this state, and the records of the court in which the proceedings for partition were had shall have been destroyed by fire, in the burning of any court-house, a certified transcript of the judgment of partition, and any record of the same, in the recorder's office of the county wherein the real estate is situate, shall be admissible in evidence, without the residue of the record of such proceedings, and shall be deemed prima facie evidence of the sufficiency and regularity of all the proceedings, records, and papers in the case in which such judgment was rendered.

[Acts 1883, p. 132. In force March 6, 1883.]

469. (E. S. 24.) General index of record-Evidence.-1. That when any deed or mortgage which has been or may be duly recorded in the proper recorder's office of any county in this state, and the record thereof has been or may be burned, or lost and destroyed, the general index of the record of such instrument, made in pursuance of law,