So, also, in proving value evidence as to the value of similar property, under similar circumstances and conditions, is admissible.$4

In an action for the reasonable value of personal services, evidence of what others received for the same services in the same locality is competent.65

DIVISION IV.-DOCUMENTARY EVIDENCE

Subdivision I-Statutes, Ordinances, and Public Records

§ 997. Acts of Congress-Statute books-Legislative journals "The printed books containing the acts of the Congress of the United States, purporting to be published by authority of Congress, or by authority of the United States, shall be evidence of the laws, public or private, general, local or special, therein contained.” ** "The printed statute books of this state, printed under authority, shall be evidence of the acts therein contained." *7

of the location of another railroad, other than that of defendant, along the same highway. Chicago, K. & W. R. Co. v. Hoffman, 32 P. 382, 50 Kan. 697; Same v. Alley, 32 P. 383, 50 Kan. 701.

64 In an action to recover the value of a jack killed by a railroad train, evidence of the value of jacks in general is competent to prove the value of plaintiff's particular jack. Atchison, T. & S. F. R. Co. v. Gabbert, 8 P. 218, 34 Kan. 132.

In an action to recover the value of a tract of land appropriated by a railway company for right of way, which, at the time of its condemnation, was not platted as a part of a city, but was in use as farming land, it is erroneous to permit witnesses to testify to the value and size of lots on the principal business street of a city near by. Kansas City & T. Ry. Co. v. Splitlog, 25 P. 202, 45 Kan. 68.

The issue of what an owner should receive for land condemned cannot be determined by some exceptional sale in the neighborhood, but on cross-examination witnesses as to value may be asked as to sales of other property. Kansas City, O., L. & T. Ry. Co. v. Weidenmann, 94 P. 146, 77 Kan. 300.

Where defendants transferred a stock of goods to plaintiffs on conveyance of a farm, and agreed to furnish a buyer of a one-half interest for a certain sum, and failed to do so, the amount received on the sale of such one-half interest at an auction of which defendants had knowledge is some evidence of such value, but defendants could show a greater value. George v. Lane, 102 P. 55, 80 Kan. 94.

65 Anthony v. Nourse, 127 P. 491, 34 kl. 795.

ee Rev. Laws 1910, § 5102.

67 Rev. Laws 1910, § 5100.

The legislative journals may be examined to determine the existence of an act the enrolled bill of which is lost.68

§ 998. Foreign laws

"Printed copies in volumes of statutes, codes or other written law, enacted by any other state or territory, or foreign government, purporting or proved to have been published by the authority thereof, or proved to be commonly admitted as evidence of the existing law in the courts or tribunals of such state, territory or government, shall be admitted by the courts and officers of this state, on all occasions, as presumptive evidence of such laws. The unwritten or common law of any other state, territory, or foreign government, may be proved as facts by parol evidence; and the books of reports of cases adjudged in their courts, may also be admitted as presumptive evidence of such law." 69

"Copies of any act, law or resolution, contained in the printed statute books of the states and territories of the United States, purporting to be printed by authority, and which are now or may be hereafter deposited in the office of the secretary of state and required by law to be kept there, certified under the hand and seal of the office of the secretary of state, shall be admitted as evidence." 7o The best evidence of statutory law of another state or foreign government is the statute itself.71

Upon pleadings in a suit on a judgment rendered by a foreign justice of the peace, and in the absence of any demurrer or motion to make the petition certain, the statutes of such foreign state, authorizing judgment, are admissible.72

$999. Ordinances

"Printed copies of any of the ordinances, resolutions, rules, orders and by-laws of any city or incorporated town in this state purporting to be published by authority of such city or incorporated town, or manuscript copies of the same, certified under the

68 Johnson v. Grady County, 50 Okl. 188, 150 P. 497.

69 Rev. Laws 1910, § 5097.

70 Rev. Laws 1910, § 5101.

71 Cole v. District Board of School Dist. No. 29, McIntosh County, 123 P. 426, 32 Okl. 692, Ann. Cas. 1914A, 459; Atchison, T. & S. F. Ry. Co. v. Lam bert, 123 P. 428, 32 Okl. 665.

72 Beckman v. Ash, 103 Kan. 437, 173 P. 920.

hand of the proper officer, and having the corporate seal of such city or town affixed thereto, shall be received as evidence." 73

§ 1000. Congressional documents

"Public documents, purported to be edited or printed by authority of Congress, or either house thereof, shall be evidence to the same extent that authenticated copies of the same would be.” 74

§ 1001. Copies-Public records

"Copies of all papers authorized or required by law to be filed or recorded in any public office, or of any record required by law to be made or kept in any such office, duly certified by the officer having the legal custody of such paper or record, under his official seal, if he have one, may be received in evidence with the same effect as the original when such original is not in the possession or under the control of the party desiring to use the same." 75

"The books and records required by law to be kept by any county judge, county clerk, county treasurer, register of deeds, clerk of the district court, justice of the peace, police judge or other public officers, may be received in evidence in any court; and when any such record is of a paper, document, or. instrument authorized to be recorded, and the original thereof is not in the possession or under the control of the party desiring to use the same, such record shall have the same effect as the original; but no public officer herein named or other custodian of public records, shall be compelled to attend any court, officer or tribunal sitting more than one mile from his office with any record or records belonging to his office or in his custody as such officer." 78

73 Rev. Laws 1910, § 5106.

A city ordinance, certified under the hand of the proper officer and having the city corporate seal, may be received in evidence. Cunningham v. Ponca City, 113 P. 919, 27 Okl. 858.

74 Rev. Laws 1910, § 5103.

75 Rev. Laws 1910, § 5099.

The county clerk is required on request to certify to a true copy of the chattel mortgage filed, which copy shall be admitted in evidence without further certification. Sess. Laws 1919, p. 40, c. 23.

76 Rev. Laws 1910, § 5115.

Enrollment records admissible to show quantum of Indian blood and patent

A transcript of a judgment from a circuit court of another state, duly authenticated by the proper officers, is admissible in evidence, though it does not show that it was signed by the presiding judge."

records competent to show whether allotments are restricted. Smith v. Williams, 78 Okl. 297, 190 P. 555.

Where the complaint in an action for rent, states the cause of action under Rev. Laws 1910, § 3802, copies of allotment and homestead patents, properly exemplified under section 5112, are admissible, and their admissibility is not governed by Act Cong. April 26, 1906, § 8. Mullen v. Howard, 143 P. 659, 43 Okl. 531.

Kansas cases.-A volume of records of permanent surveys of the county surveyor, forming the public records of the county, is not discredited as evidence because it may contain an original paper of a survey instead of a copy thereof. Scott v. Williams, 87 P. 550, 74 Kan. 448.

Gen. St. 1868, c. 25, § 67, requires the county treasurer to keep a just and true account of the receipt and expenditure of all moneys coming into his hands by virtue of his office in a book or books to be kept by him for that purpose, but does not prescribe the kind of account books he shall keep. Laws 1876, c. 34, § 89, require him whenever he receives any tax money to give a receipt therefor. Held, that any book essential or convenient for the purpose will suffice, and a tax receipt stub book which is a part of the records of the treasurer's office, showing payment of taxes, the amounts and years for which they were made, and the persons for whom and by whom made, is a book required to be kept under the statute and admissible in evidence. Hudson v. Herman, 107 P. 35, 81 Kan. 627.

On an issue whether a tax deed was issued within six months from the assignment of the sale certificate, a bound book of stubs of tax sale certificates, showing their respective dates of issuance, in regard to which it was shown only that it was found in the vault of the county treasurer's office, and was the stub book of tax sale assignments, was not admissible. Noble v. Douglass, 42 P. 328, 56 Kan. 92.

The verified report of the examination of the county treasurer's office made by the probate judge and two examiners appointed to assist him, under the provisions of paragraphs 1708, 1709, Gen. St. 1889, is not competent evidence as to the condition of the treasury when the examination was made. State v. Krause, 50 P. 882, 58 Kan. 651.

A copy of the redemption notice required to be given before the execution of a tax deed certified by the county treasurer, is not admissible under Comp. Laws, c. 80, § 372, providing that copies of papers required to be recorded, certified by the legal custodian of the records, shall be admissible in evidence with the same effect as the original, etc., since by chapter 107, § 121, such notices are required to be filed with the county clerk and the treasurer is not the legal custodian of them. Bergman v. Bullitt, 23 P. 938, 43 Kan. 709.

The certified record of a county surveyor's report of a survey, recorded with the county clerk, is admissible in evidence, with the same effect as the original. Dent v. Simpson, 105 P. 542, 81 Kan. 217.

Certified copies of statements, made for taxation and preserved in the of77 Dean v. Stone, 35 P. 578, 2 Okl. 13.

Record of a board of health, showing a person's birth, is competent evidence of such person's age, when the law makes it the duty of the board to keep such record, etc."

78

fice of the county clerk, are admissible where the originals would be competent, but were not in the possession of the party introducing them. Bowersock v. Adams, 41 P. 971, 55 Kan. 681.

Gen. St. 1901, par. 4820, providing that copies of papers authorized or required by law to be filed or of any record required by law to be made or kept, may be admitted in evidence when properly certified, does not authorize the admission in evidence of a certificate of the probate judge of the county wherein decedent in his lifetime was a resident, to prove that no administrator has ever been appointed by said court for such decedent, or that there is no record of any administration on behalf of said decedent. Chicago, R. I. & P. Ry. Co. v. Vance, 68 P. 606, 64 Kan. 686.

A tax roll completed by the county clerk and placed in the hands of the county treasurer for the collection of taxes is competent evidence in a controversy between a landlord and tenant to show the amount of the taxes levied, which the tenant had agreed to pay. Smith v. Scully, 71 P. 249, 66 Kan. 139. Where a written instrument authorized to be filed for record in the office of the register of deeds has been executed and delivered to defendant, and then subsequently filed for record by him, a certified copy thereof from the register, under his official seal, may be given in evidence by plaintiff with the same effect as the original, since it will be presumed, in the absence of other proof, that the original is in the possession or under the control of defendant. Eby v. Winters, 33 P. 471, 51 Kan. 777.

The admission, on the application of plaintiff, of a record copy of a deed of conveyance, when the deed itself is in his possession and control, is error, though plaintiff may at the time be absent from the state and have the deed with him. West v. Cameron, 18 P. 894, 39 Kan. 736, judgment affirmed on rehearing, 19 P. 616.

Under Comp. Laws, c. 80, § 372, providing that copies of all papers required by law to be recorded in any public office, duly certified by the officer having the legal custody of the paper or record, may be received in evidence with the same effect as the original, if that is not in the control of the party desiring to use the same, in order to render admissible certified copies of deeds recorded in the office of the register of deeds it is not necessary to show that the originals are lost or destroyed. Bergman v. Bullitt, 23 P. 938, 43 Kan. 709 In replevin against one claiming the property by virtue of a chattel mortgage filed in a county other than that in which plaintiff lives, a certified copy of the mortgage is admissible in evidence without showing that it had been recorded in the county in which it had been filed, where the defendant also relied for his right of possession on another mortgage, recorded in the county of plaintiff's residence. Parkhurst v. Sharp, 61 P. 531, 10 Kan. App. 575.

Where a civil action is brought by a county attorney in the name of the state, under Sess. Laws 1881, c. 128, § 18, to enforce a lien for a fine and costs on real estate against the owner of premises, who had knowingly suffered the illegal sale of liquor thereon, and the attorney general does not have any connection therewith, the county attorney is the sole and only representative of

78 Bucher v. Showalter, 44 Okl. 690, 145 P. 1143.