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thereof being first duly proved, is presumptive evidence of a demand of acceptance, or of payment, therein stated; and a note or memorandum, personally made or signed by him, at the foot of a protest, or in a regular register of official acts, kept by him, is pre

sumptive evidence that a notice of non-acceptance or non-payment was sent or delivered, at the time, and in the manner, stated in the note or memorandum.

[Code Civ. Pro., § 924,

without change.]

§ 434. Proof of presentment of foreign bills.-Proof of the pre sentment, for acceptance or payment, of a promissory note or bill of exchange, payable in another state, or in a territory, or foreign country, or of a protest of the note or bill, for non-acceptance or non-payment, or of the service of notice thereof, on a party to the note or bill, may be made, in any manner authorized by the laws of the state, territory, or country where it was payable.

[Code Civ. Pro., § 925,
without change.]

$ 435. Affidavit of printer, evidence.-The affidavit of the printer or publisher of a newspaper, published within the state, or of his foreman or principal clerk, showing the publication of a notice or other advertisement, authorized or required, by a law of the state, to be published in that newspaper, annexed to a printed copy of the notice or other advertisement, may be read in evidence; and is presumptive evidence of the publication, and, also, of the matters stated therein, showing that the deponent is authorized to make the affidavit. But this section does not apply to a case, where the affidavit is required by law to be filed, unless it has been duly filed; or to a case, where the mode of proving a publication is otherwise specially prescribed by law.

[Code Civ. Pro., $ 926,
without change.]

§ 436. Affidavit of service of notice.—Where it is necessary, upon the trial of an action, to prove the service of a notice, an afi. davit, showing the service to have been made by the person making the affidavit, is presumptive evidence of the service, upon first proving that he is dead or insane, or that his personal attendance cannot be compelled, with due diligence.

[Code Civ. Pro., § 927,

without change.]

§ 437. Marriage certificate, evidence.-An original certificate of a marriage, within the state, made by the minister or magistrate by whom it was solemnized; the original entry thereof, made, pursuant to law, in the office of the clerk of a city or a town within the state; or a copy of the certificate, or of the entry, duly certified, is presumptive evidence of the marriage.

[Code Civ. Pro., $ 928,
without change.]

§ 438. Book of foreign corporation; when evidence.—Where a party wishes to prove an act or transaction of a foreign corporation; the book or books of the corporation may be used for that purpose, as presumptive evidence, whether any or all of the parties are or are not members of the corporation.

[Code Civ. Pro., § 929,

without change.]

§ 439. When a copy thereof is evidence. If an original book is not produced at the trial, as prescribed in the last section, a copy thereof, or of an entry therein, verified as prescribed in the next section, may be used, with like effect as the original book; provided that the party, intending to use the copy, gives the adverse party at least ten days' notice of his intention, specifying briefly the nature of the evidence proposed to be given. But this and the next section do not apply, where the foreign corporation is a party to the action, and seeks to prove its own act or transaction, in its own behalf.

[Code Civ. Pro., § 930,

without change.]

$ 440. How copy to be verified.—The copy must be verified by the deposition, taken as prescribed by law, or the oral testimony, taken at the trial, of the person who made it, or of a person who has examined and compared it with the original book, or the entry therein. The witness must testify that the copy produced is correct; that he made it, or compared it with the original; and that he then knew that the original book so copied, or containing the entry, was the book of the corporation; or that it was then acknowledged to him to be such, by an officer or receiver of the corporation, or a person having the custody thereof, naming the person who made the acknowledgment; and he must specify where, and in whose custody, the original was then kept.

[Code Civ. Pro., § 931,
without change.]

§ 441. Statute or joint resolution, how proved.-A statute or joint resolution, passed by the legislature of the state, may be read in evidence from a newspaper, designated as prescribed by law, to publish the same, until six months after the close of the session at which it was passed; and at any time, from a volume printed under the direction of the secretary of state. To entitle any copy of a law published, other than those published under the direction of the secretary of state, to be read in evidence, there shall be contained in the same book or pamphlet, a printed certificate of the secretary of state, that such copy is a correct transcript of the text of the original laws. For such certificate the secretary of state shall collect such a fee as he shall deem just and reasonable.

Code Civ. Pro., § 932,

without change.]

§ 442. Copies of certain official records, presumptive evidence.A copy of a paper filed, kept, entered or recorded, pursuant to law, in a public office of the state, the officer having charge of which has, pursuant to law, an official seal; or with the clerk of a court of the state, or with the clerk or secretary of either house of the legislature, or of any other public body or public board created by authority of a law of the state, and having pursuant to law, a seal; or a tran. script from a record kept pursuant to law in such a public office or by such a clerk or secretary, is evidence, as if the original was produced. But to entitle it to be used in evidence, it must be certi. fied by the clerk of the court, under his hand and the seal of the court; or by the officer having the custody of the original, or his deputy or clerk, appointed pursuant to law, under his official seal, and the hand of the person certifying; or by the presiding officer, secretary or clerk of the public body or board, appointed pursuant to law, under his hand, and except where it is certified by the clerk or secretary of either house of the legislature, under the official seal of the body or record.

[Code Civ. Pro., § 933,

without change.]

§ 443. Copies of papers filed with town clerk.-A copy of a paper filed, pursuant to law, in the office of a town clerk, or a transcript from a record kept therein, pursuant to law, certified by the town clerk, is evidence, with like effect as the original.

[Code Civ. Pro., § 934,

without change.]

§ 444. When certain conveyances or transcripts thereof, evidence.-A conveyance, acknowledged or proved, and certified, in the manner prescribed by law, to entitle it to be recorded in the county where it is offered, is evidence, without further proof thereof. Except as otherwise specially prescribed by law, the record of a conveyance, duly recorded within the state, or a transcript thereof, duly certified, is evidence, with like effect as the original conveyance.

[Code Civ. Pro., § 935,

without change.]

§ 445. Such evidence may be rebutted.—The certificate of the acknowledgment, or of the proof of a conveyance, or the record, or the transcript of the record, of such a conveyance, is not con. clusive; and it may be rebutted, and the effect thereof may be contested, by a party affected thereby. If it appears that the proof was taken upon the oath of an interested or incompetent witness, the conveyance, or the record or transcript thereof, shall not be received in evidence, until its execution is established by other competent proof.

[Code Civ. Pro., $ 936,

without change.]

§ 446. What instruments may be acknowledged.-Any instrument, except a promissory note, a bill of exchange, or a last will,

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