authenticated as follows: First, by the official attestation of the clerk or officer in whose custody such records are legally kept; and, second, by the certificate of one of the judges or magistrates of such court, that the person so attesting is the clerk or officer legally intrusted with the custody of such records, and that the signature to his attestation is genuine; and, third, by the official certificate of the officer who has the custody of the principal seal of the Government under whose authority the court is held, attested by said seal, stating that such court is duly constituted, specifying the general nature of its jurisdiction, and verifying the seal of the court.25

Sec. 1288. Exemplified copies of Government books may be admitted in evidence.

Exemplification from the books of any of the departments of the Government of the United States, or any papers filed therein, shall be admitted in evidence in the same manner and with like effect as the originals, when attested by the officer having the custody of such originals. The signature of the officer to any certificate or document herein before mentioned shall be presumed to be genuine until the contrary is shown.26

Sec. 1289. Evidence of receipts from the register of the land office.

The usual duplicate receipt of the receiver of any land office, or, if that be lost or destroyed, or beyond the reach of a party, the certificate of such receiver that the books of his office show the sale of a tract of land to a certain individual, is proof of title equivalent to a patent against all but the holder of an actual patent.27

25 Snyder, 5,891; Wilson, 4,558; Kansas, 4,819 (1901), identical; Nebraska, 1,401.

28 Snyder, 5,905, 5,906; Wilson, 4,572, 4,573.

27 Snyder, 5,903; Wilson, 4,570; Kansas, 1,831 (1901), identical; McClurg v. Penny, 12 Okla. 303, 70 Pac. 404; Weeks v. White, 41 Kan. 569, 21 Pac. 600; O'Neill v. Douthitt, 39 Kan. 316, 18 Pac. 199; Dorsey v. McCartney, 12 Pac. 104.

Sec. 1290. Copies of papers in register or receiver's office may be used in evidence.

Copies of all papers and documents lawfully deposited in the office of the register or receiver of any land office of the United States within this State, and copies of any official letter or communication received by the register or receiver, of any such land office, from any department of the Government of the United States, when duly certified by the register or receiver having the custody of such paper, document, letter or other official communication, shall be received in evidence in the same manner and with like effect as the originals.2 Sec. 1291. The admission of deed or other document in writing-Admission if required, when.

28

Either party may exhibit to the other, or to his attorney at any time before the trial, any paper or document material to the action, and request an admission, in writing, of its genuineness. If the adverse party or his attorney, fail to give the admission in writing within four days after the request, and if the party exhibiting the paper or document be afterward put to any costs or expense to prove its genuineness, and the same be finally proved or admitted on the trial, such costs and expenses, to be ascertained at the trial, shall be paid by the party refusing to make the admission, unless it shall appear to the satisfaction of the court that there was good reasons for the refusal.29

Sec. 1292. Production of deeds and other papers-Inspection of document books.

Either party, or his attorney, may demand of the adverse party, an inspection and copy, or permission to take a copy of a book, paper or document in his possession or under

28 Snyder, 5,904; Wilson, 4,571; Kansas, 4,832 (1901), identical; Stinson v. Green, 42 Kan. 520, 22 Pac. 586.

29 Snyder, 5,887; Wilson, 4,554; Nebraska, 1,378 (1907), identical. "The granting of orders for the in

spection of books and papers is left to the discretion of the court whether or not to exclude such books and papers at the trial if inspection is not permitted." Chamberlain v. Chamberlain, 93 N. W. 1021.

his control, containing evidence relating to the merits of the action or defense therein. Such demand shall be in writing, specifying the book, paper or document with sufficient particularity to enable the other party to distinguish it, and if compliance of the demand, within four days, be refused, the court, or judge, on motion and notice to the adverse party may, in their discretion, order the adverse party to give to the other, within a specified time, an inspection and copy, or permission to take a copy of such book, paper or document; and on failure to comply with such order, the court may exclude the paper or document from being given in evidence, or if wanted as evidence by the party applying, may direct the jury to presume it to be such as the party by affidavit, alleges it to be.

This section is not to be construed to prevent a party from compelling another to produce any book, paper or document when he is examined as a witness.30

Sec. 1293. Copy of deed or other instrument in writing may be demanded, when.

Either party, or his attorney, if required, shall deliver to the other party or his attorney, a copy of any deed, instrument or other writing whereon the action or defense is founded, or which he intends to offer in evidence at the trial. If the plaintiff or defendant shall refuse to furnish the copy or copies required, the party so refusing shall not

30 Snyder, 5,888; Wilson, 4,555; Kansas, 4,856 (1901), identical. The counsel for plaintiff, upon proper demand, has a right to an inspection and copy, or permission to take a copy, of the county records, within the custody of the said defendant, containing evidence relating to the merits of the action, and after said defendant has, for more than four days, persistently refused such inspection and copy, the court upon motion and notice to such defendant, and sufficient evidence of such demand and refusal,

will, under the statute, order that said defendant give to said counsel for complainant, within a specified time, an inspection and copy or permission to take a copy of said records. State v. Allen, 5 Kan. 213, 124. Where a party has told the adverse party that the writing of which an inspection is asked, has been destroyed, the notice required by the statute is dispensed with. Barmby v. Plummer, 45 N. W. 277. As to cases where secondary evidence of a document may be admit ted, see Whitney v. State, 73 N. W.

be permitted to give in evidence, at the trial, the original of which a copy has been refused. This section shall not apply to any paper, a copy of which is filed with any pleading.31 Sec. 1294. Births-Deaths-Evidence of marriage-Copies of marriage register.

When, by ordinance or custom of any religious society or congregation in this State, a record is required to be kept of marriages, births, baptisms, deaths or interments, such register shall be admitted as evidence.32

Testimony tending to prove the laws, usages and customs of the Creek Nation, with regard to the marriage relation and the legitimacy of the children of such marriage and their consequent legal status as heirs during the period in question, are held to be competent, and it would be error at the trial to exclude such testimony, if otherwise competent.†

Copies of the register referred to in the preceding paragraph, certified by the pastor or other head of any such society or congregation, or by the clerk or other keeper of such register, and verified by his affidavit in writing, shall be received in evidence.* A marriage may be proved by general reputation in all actions where it is necessary to prove title to real estate. It is to be observed that the language is "general reputation." It cannot be proved by any other reputation. A witness introduced to prove a marriage by reputation may be asked if he knows the general reputation of the parties, and if he answers in the affirmative, he may testify as to the general reputation in the community in which they lived as to their being married."

696; Baldwin v. Burt, 61 N. W. 601; Hawley v. Robinson, 16 N. W. 438; Westinghouse v. Tilden, 76 N. W. 416; see, for right to require witness at trial on duces tecum to produce writing, March v. Davis, 6 Pac. 612; Atchison v. Burke, 96 Pac. 950.

31 Snyder, 5,889: Wilson, 4,556; Nebraska, 1,380 (1907), identical; Hammerslough v. Hackett, 1 Pac. 41; Kansas v. Christian Berry, 8

Sec. 1295. Certified copies of the enrollment records of the commissioners to the Five Civilized Tribes

Evidence as to blood and age of the allotee.

In order for the security of the land titles of all of the lands allotted in this State to the Indians, Congress was careful to provide a means for the determination of the age and of the blood of any allotee of said lands. It declared "that the roll of citizenship and of freedmen of the Five Civilized Tribes, approved by the secretary of the interior, shall be conclusive evidence as to the quantum of Indian blood of any enrolled citizens or freedmen of said tribe, and of no other persons, to determine questions arising under this act, and the enrollment records of the commissioner to the Five Civilized Tribes shall hereafter be conclusive evidence as to the age of said citizen or freedman.34

The following construction has been placed by the Federal courts on this statute:

"The object, purpose and intent of Congress by this portion of the act was not by its ipse dixit to make that which was black, white, or the reverse, nor was it enacted for the purpose of putting questions of fact beyond the pale of judicial inquiry. This, of course, it could not do and would not attempt. On the contrary, however, said portion of the act, and the public rolls, prepared according to the authority of Congress as well, were all part and parcel of a general scheme worked out and employed by the Government in the allotment of tribal property in severalty to the members of the tribes and in an endeavor to protect such allotees in their several property rights by such means, and to such extent as the exigencies of the case, the ignorance and environment of the allotee considered, demanded for the best interests of the wards of the Government. In carrying out this scheme of protection, Congress, as it had the undoubted right to do, defined the word 'minor' as it did therein, and referred any and all persons intending to become pur

34 Act of May 27, 1908; Bledsoe's Indian Land Laws, Sec. 605.