and in the handwriting of the county recorder at the date such general index was made in any county of the state, shall be prima facie evidence of the proper execution and record of such deed or mortgage, as shown by such general index: Provided, That this act shall not effect [affect?] any litigation now pending in any of the courts of this state.

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

470. (463.) Land office registers, etc.-330. The register, catalogue, tract-book, plat-book, and description of lands, kept at any land office of the United States located in this state, or at any office for the sale of canal or Michigan road lands, and copies thereof duly certified as true and complete by their proper keeper, and copies duly certified by the auditor of state as true and complete copies from said. original documents, or from copies of the same legally deposited in the office of said auditor of state, shall be admissible in evidence in civil actions in all the courts of this state, and shall be taken and held as prima facie evidence of the truth of their contents.

Authenticated copies of tract-books kept in the offices of county recorders, are competent evidence. Keesling v. Truitt, 30 Ind. 306.

Authenticated copies from the records of the land department in the office of the auditor of state, are competent evidence. Bonewits v. Wygant, 75 Ind. 41.

471. (464.) Land-office certificates.-331. Every certificate of purchase at a land-office of the United States shall be evidence of legal title to the land therein described.

Papers executed by the commissioner of the general land-office, under seal, need no proof of execution. Harris v. Doe, 4 Blkf. 369.

472. (465.) Canal-land patents-Proviso.-332. Any and all conveyances of land made, under the law existing at the time, by the trustees or other persons designated by law to make such conveyance, by whatever name such conveyance be known, conveying any of the lands known as the "Wabash and Erie Canal Lands, or other canal lands in this state, and signed by such trustees or other authorized person, shall not be held invalid for want of a seal, or scrawl in lieu thereof, nor because not duly acknowledged, but, if otherwise legal, shall be deemed and taken as valid and sufficient to convey the land. therein described, as fully and completely as if the same had been duly sealed and acknowledged; and when the same have been recorded in the records of deeds in the county wherein the lands therein described are located, the record thereof shall be taken and held to be authorized and valid, as if said deed had been duly acknowledged, or the execution thereof had been duly proven before record made; and such conveyance and the record thereof are each hereby legalized and declared valid and binding in law, as if the same had been made in full and proper form before being recorded. And, from and after the taking effect of this act, all such conveyances and the record thereof, and exemplifications of such record, shall be admissible in evidence in all the courts in this state, in all cases where, by law, deeds and records duly made and completed, are legal evidence, without regard

to said defects existing at the time of execution, delivery, and record, as if said conveyances had been duly signed, sealed, and witnessed and acknowledged at the time of execution, the delivery of, and the recording thereof: Provided, That this act shall not apply to instruments defective in other respects than as in this act it is provided.

473. (466.) Record of patents-Proviso.-333. All such deeds or conveyances as are in the preceding section of this act referred to shall be admitted to record; and it shall be lawful for the recorder of deeds to record the same in the proper county, as if the same had been duly acknowledged or the execution duly proved; and the record, when made, shall have the same force and effect as if they had been so duly acknowledged or proved: Provided, That nothing in this act contained shall be so construed as to, in any wise, affect the rights of any purchaser in good faith for a valuable consideration without actual notice, or the rights of any owner of any portion of the class of lands described in this act.

Patents for swamp lands need not be recorded in the county where the lands are situate, but only in the office of the secretary of state. Mason v. Cooksey, 51 Ind. 519; Nitchte v. Earle, 88 Ind. 375.

474. (467.) Corporate acts proved by sworn copy.-334. The acts and proceedings of corporations may be proved by a sworn copy of the record of such acts and proceedings. The oath shall state that such transcript is a true and full copy of the original, and that such original has remained unaltered from its date, to the best of deponent's knowledge and belief. Such sworn copies shall be received as evidence in all cases where the original would be evidence.

The records of corporations are proved by sworn copies from the person in custody thereof. King v. Insurance Co., 45 Ind. 43.

The acts of a corporation may be proved by parol, if not recorded, provided that they are such as may be done by parol. Langsdale v. Bonton, 12 Ind. 467. If the proceedings of a municipal corporation are not entered of record parol proof may be made thereof. State, ex rel., v. Hauser, 63 Ind. 155; Ross v. Madison, 1 Ind. 281.

The original record is always admissible: the sworn copy does not exclude it. Green v. City, 25 Ind. 490.

Non-production of the records of a corporation on notice will not justify parol proof of their contents. Madison, etc., R. R. Co. v. Whitesel, 11 Ind. 55.

Certified copies of church records are admissible as evidence. Hamrick v. Bence, 29 Ind. 500.

The statutory mode of proving the proceedings of corporations should be followed unless some legal excuse prevents. Indianapolis, etc., R. R. Co. v. Jewett, 16 Ind. 273.

475. (468.) Legislative acts of other states.-335. Every act of the legislature of any one of the states or territories of the United States, certified by the secretary, and having the seal of the state or territory affixed thereto, shall be deemed authentic, and receive full faith and credit when offered in evidence in any court within the state.

The common law will be presumed to be in force in other states. If a statute of another state is relied upon as changing it, it must be both alleged and proved. Alford v. Baker, 53 Ind. 279.

476. (469.) Register of Michigan road lands.-336. The register now remaining in the office of the secretary of state of the sales of the Michigan road lands, and certified copies of any entry therein, under the seal of the state, shall be admissible in evidence in all courts and places; and such register, or a certified copy of the entry of the sale of a tract of land therein described, by any person or persons therein. named as the purchaser thereof, shall be prima facie evidence that such person or persons designated in said register was the purchaser thereof, and that the title to the same has been conveyed by the state to the purchaser in fee-simple.

[1881 S., p. 49. In force September 19, 1881.]

477. (470.) Patents and records.-1. All patents issued by the United States, or by the state of Indiana, conveying real estate in said state, and the records of such patents as have been duly recorded, shall be taken and received as competent evidence in all the courts of this state; and all such patents that have not been recorded may be recorded as other deeds and conveyances are now recorded by law; and such record shall be competent evidence in all the courts of the state.

Patents of the United States duly issued need no proof of execution to be admissible as evidence. Bowser v. Warren, 4 Blkf. 522.

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

478. (471.) Record of patents, etc.-Evidence.-337. The record of all patents and all certificates of purchase, and all other evidence in writing of the sale of real estate, whether issued by the United States or by this state, or made by any person or corporation, and all duly certified copies of such record, shall be admissible in evidence in all courts and places, with the same force and effect as if the original was produced.

479. (472.) Proceedings of courts of record.-338. The records and judicial proceedings of the several courts of record of or within the United States or the territories thereof shall be admitted in the courts within this state as evidence, by attestation or certificate of the clerk or prothonotary, and the seal of the court annexed, together with the seal of the chief justice or one or more of the judges, or the presiding magistrate of any such court, that the person who signed the attestation or certificate was, at the time of subscribing it, the clerk or phothonotary of the court, and that the attestation is in due form of law; and the records and judicial proceedings, authenticated as aforesaid, shall have full faith and credit given to them in any court within this state, as by law or usage they have in the courts whence taken.

This section does not repeal section 462; the latter refers to judgments in justices' courts; this to courts of record. Ault v. Zehering, 38 Ind. 429.

A judgment in another state, duly rendered, is conclusive here, and can not be attacked collaterally. Anderson v. Fry, 6 Ind. 76.

When the facts in the record of a judgment do not exclude notice and jurisdiction, both will, collaterally, be presumed. Gerrard v. Johnson, 12 Ind. 636; Gavin v. don, 41 Ind. 559.

Gray

A judgment rendered without notice or jurisdiction is a nullity. Horner v. Doe, 1 Ind. 130; Nicholson v. Stephens, 47 Ind. 185.

The certificate of the judge should show that he is judge of the court where the judgment was rendered. Phelps v. Tilton, 17 Ind. 423.

As to what is a sufficient authentication of the proceedings of courts of other states see English v. Smith, 26 Ind. 445; Dragoo v. Graham, 17 Ind. 427; Bailey v. Martin, 119 Ind. 103.

Judgments of other states can only be proven by authenticated transcripts of the record. Teter v. Teter, 88 Ind. 494.

[Acts 1891, p. 296. In force March 6, 1891.]

480. Decisions of supreme court.-1. That in all cases where a certified copy of the decisions of the supreme court of the state of Indiana would be competent evidence in any of the courts of the state, the decisions of said court as published in the Indiana reports, as provided by the laws of this state, when properly identified by parol or other evidence, shall be competent evidence in such courts, the same as a certified copy of the decision from the clerk's office of the court under seal thereof.

The printed reports of the decisions of the supreme court are not evidence of the judgments of such court. Donellan v. Hardy, 57 Ind. 393.

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

481. (473.) Proof of publication of notice.-339. When notice is, in any action, proceeding, or sale under executión, or other matter required by the provisions of law to be given by publication in any newspaper, an affidavit of the printer, or any person in his employ as a clerk or printer, of a competent age, annexed to a copy of the notice taken from the paper in which it was published, may be filed in the clerk's office by the person whose duty it was to cause the publication to be made. Such affidavit must specify the county, the time when, and the paper in which, the notice was published.

A newspaper will be presumed to have been published at the time of its date. Board v. State, ex rel., 61 Ind. 75.

The affidavit need not be subscribed by the affiant. Turpin v. Eagle Creek Co., 48 Ind. 45; Bonnell v. Ray, 71 Ind. 141.

The book-keeper of the publisher of a newspaper may make the affidavit. Andrews v. Ohio, etc., R. R. Co., 14 Ind. 169.

482. (474.) Affidavit and copy of notice presumptive evidence.-340. The original affidavit and copy of the notice, filed pursuant to the provisions of the last section, and copies thereof duly certified by the clerk, shall be presumptive evidence in all cases and before every court of the facts contained in the affidavit.

483. (475.) Affidavit taken in another state, when evidence.341. When any affidavit is taken in another state, and certified by the officer or justice of the peace taking the same, under his hand and seal of office, if he have any such seal, and attested by the clerk of the circuit or district court, or court of common pleas of the county where such officer exercises the duties of his office, under the hand of the clerk and seal of his court, the clerk also certifying that the officer or justice of the peace is, by the laws of said state, duly empowered to

administer oaths and affirmations, and take affidavits, every such affidavit shall be deemed sufficiently authenticated, and may be received and used in any of the courts of this state.

484. (476.) Common law and reports of other states.-342. The unwritten or common law of any other of the United States or of the territories thereof, may be proved as facts by parol evidence; and the books of reports of cases adjudged in their courts may also be admitted in evidence of such law.

The unwritten laws and usages of another state may be proven by parol. Heberd t. Myers, 5 Ind. 94.

Reports of the decisions of the supreme court of a state is competent evidence of the law of the state. Billingsley v. Dean, 11 Ind. 331.

485. (477.) Law of foreign country.-343. The existence and tenor or effect of the laws of any foreign country may be proved as facts by parol evidence; but if it shall appear 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 which is not accompanied by a copy

thereof.

This section applies to the laws of the several states of the United States. Heberd t. Myers, 5 Ind. 94.

486. (478.) When writing in evidence without proof.-352. If either party, at any time before trial, allow the other an inspection of any writing, material to the action, whether mentioned in the pleadings or not, and deliver to him a copy thereof, with notice that he intends to read the same in evidence on the trial of the cause, it may be so read without proof of its genuineness or execution, unless denied. by affidavit before the commencement of the trial; if such denial be made of any writing not mentioned in the pleadings, the court may give time to either party to procure evidence, when necessary for the furtherance of justice.

The certificate of acknowledgment of a deed is prima facie evidence of its execution. Carver v. Carver, 97 Ind. 497.

487. (479.) Production of books, papers, etc.-353. The court, or judge thereof, may, upon affidavit of their necessity and materiality, upon motion, compel, by order, either party to produce, at or before the trial, any book, paper or document in his possession or power; the order may be made upon application of either party, upon reasonable notice to the adverse party or his attorney. If not produced, parol evidence may be given of its contents.

This section relates only to writings intended to be used as evidence. Silvers v. Junction R. R. Co., 17 Ind. 142.

If the form of the action or pleadings gives the party notice to be prepared to produce a writing, no other notice is necessary. Silvers v. Junction R. R. Co., 17 Ind. 142. A party can not be compelled to produce books or papers upon the service of a subpœna duces tecum. Duke v. Brown, 18 Ind. 111.

It must be shown that the party has possession of the books and papers, and the order should specify what writings are to be produced. Whitman v. Weller, 39 Ind. 515.