2. 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.

3. 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 id. 48. 4. The rule is the same respecting mortgages.- Lyon v. Perry, 14 Ind. 515; Morehouse v. Potter, 15 id. 477.

5. The seal and signature of the Commissioner of the General Land Office, prima facie, prove themselves.- Harris v. Doe, 4 Black f. 369.

6. A United States Land Office patent is admissible, without proof of its execution. - Bowser v. Warren, 4 Blackf. 522.

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

462a. Deeds upon judicial sale or under a power. 1. 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.

462b. Partition Record. 2. 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.

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

463. Land office registers, etc. 330. The register, catalogue, tractbook, 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. 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. (530.)

465. Canal land patents- Proviso. 332. Any and all conveyances of land made, under the law existing at the time, by the trustees of 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.

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.

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. (284.)

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

2. 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.

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

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 this State. (285.)

I. 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.

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.]

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.

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

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.

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 Chiet-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 Prothonotary 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. (286.)

I. This section does not repeal section 458: the latter refers to judgments in Justices' Courts; this, to Courts of record.-Ault 2. Zehering, 38 Ind. 429.

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

3. 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. Graydon, 41 id. 559.

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

473. Proof of publication of notice. 339. When notice is, in any action, proceeding, or sale under execution, 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. (287.)

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. (288.)

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. (289.)

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. (290.)

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. (291.)

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. (304.)

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. (305.)

480. Inspection and copy, when ordered. 354. The Court, or a Judge thereof, may, under proper restrictions, upon due notice, order either party to give the other, within a specified time, an inspection and copy of any book or part thereof, paper, or document in his possession, or under his control, containing evidence relating to the merits of the action, or the defense therein. If compliance with the order be refused, the Court, on motion, may exclude such evidence, or punish the party refusing, or both. (306.)

481. Proof of service of process or notice. 344. The proof of the service of any process issued by the Court, or of any notice required to be served upon any party, shall be as follows:

First. If served by the Sheriff, his certificate thereof.

Second. By any other person, his affidavit thereof.

Third. In case of publication, a printed copy, with the affidavit of the printer, his foreman or clerk, or of any competent witness.

Fourth. The written admission of the defendant. The affidavit or admission must state the time and place of service. (292.)

482. All notices in writing-Service. 854. In all cases where notice is required by this Act, it must be in writing, and may be served by the proper officer or any other person. (792.)

483. Filing of Clerk presumptive evidence. 345. The Clerk shall indorse upon every paper filed in his office or in open Court, and upon every process returned to him or to the Court, except summonses, the date of the filing and return; and the indorsement shall be presumptive evidence of the time of the filing and return. (293.)

Interpreters, pay of.

497.

Who are incompetent.

406. Competent witnesses.

Party producing not to impeach-Exception.

508. Impeachment.

509. Party may be examined.

510.
511.

498. When an executor or administrator is party- 512. Proviso.

513.

- Notice.

Time Before whom --

Attendance enforced- Filing and reading.
Evidence rebutted.

Penalty for refusing to attend.

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

484. Summons-Service. 263. The Clerk of the proper Court shall issue a summons for witnesses, upon the application of any party to the action. The summons may be served by the party or any person, or by the Sheriff. The party, or any other person than the Sheriff, shall not be entitled to fees for the service. When a summons is served by the Sheriff, his return is proof of the service. When served by any other person, the service must be shown by affidavit. (229.)

1. A witness can only testify from his recollection; but may refresh that recollection from memoranda, made by him at or about the time of the occurrence.-Prather . Pritchard, 26 Ind. 65.

2. A witness is not bound to answer any question, the answer to which might subject him to punishment.-Ford v. State, 29 Ind. 541.

3. The separation of witnesses is in the discretion of the Court.- Porter v. State, 2 Ind. 435.

4. The cross-examination of a witness should be confined to his examination-inchief.- City . Cobb, 21 Ind. 492.

485. Service by copy, when. 264. Where a summons from any Court of this State, for a witness, can not be served by reading, on account of the temporary absence of such witness from his last usual place of residence within the jurisdiction of the officer having such process, or when such witness so conceals himself within such jurisdiction that such process can not be read to him, the same may be served by leaving a copy thereof, certified to be a true one, by such officer at such residence; but in no case shall such service by copy be made when such officer has reasonable cause to believe that such witness has removed his residence without such jurisdiction.

1. When one of several defendants, subpoenaed as a witness by the plaintiff, refuses to appear and testify, the Court may strike out his answer, and order that he be defaulted. Nelson v. Neely, 63 Ind. 194.

2. The statements of a deceased third person, not made by him as a witness, are not usually competent evidence.- Salem Co. v. Pennington, 62 Ind. 175.

3. Á witness who has been impeached by the deposition of another witness, may be used to impeach the deponent on some other point.-Citizens, etc., Co. v. Short, id. 316.

486. No attachment except upon affidavit. 265. In no case shall an attachment issue against a witness upon whom such service by copy only has been made, until the party applying therefor, or his attorney, shall make affidavit in the Court from which it is sought to be issued, that he has reasonable cause to believe, and does believe, that the witness