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and note pars. 18, 19; also 134 C. 394, 396, 66 P. 571.

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to parties and tlieir privies, see Kerr's Cyc. C. C. P. § 1908
subd. 2 and note; § 1910 and note.

§ 1910. WHERE PARTIES ARE TO BE DEEMED THE
SAME. The parties are deemed to be the same when those
between whom the evidence is offered were on opposite sides
in the former case, and a judgment or other determination
could in that case have been made between them alone,
though other parties were joined with both or either.

History: Enacted March 11, 1872; amended by Code Commis-
sion, Act March 8, 1901, Stats, and Amdts. 1900-1, p. 244, act
held unconstitutional, see history, § 5 ante.

See Kerr's Cyc. C. C. P. for 6 pars, annotation.

63 C. 564, 567 (applied); SO C. 253, 254, 22 P. 334, 335 (con-
strued); 121 C. 55, 53 P. 421 (applied without citation); 127 C.
456, 459, 59 P. 839 (persons not on opposite sides but on same
side cannot invoke principle of estoppel).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

§ 1911. WHAT DEEMED ADJUDGED IN A JUDGMENT.

That only is deemed to have been adjudged in a former judg-
ment which appears upon its face to have been so adjudged,
or which was actually and necessarily included therein or
necessary thereto.

History: Enacted March 11, 1872.

See Kerr's Cyc. C. C. P. for 23 pars, annotation.

63 C. 564, 567 (construed with §§1908, 1909 ante and §1912):
74 C. 435, 441, 16 P. 236 (construed with § 190S); 95 C. 553, 562,
30 P. 1108, 1111 (applied— action on different demand); 108 C.

1404



ch.TII,art.II.] sttrrties— fourion record. §§l91^, 19ir^

484, 486, 489, 41 P. 486, 39 P. 30, 31 (applied); 109 C. 73. 82, 41 P.
801 (cited); 110 C. 441, 445, 42 P. 965 (applied); 118 C. 160, 220.
50 P. 277 (construed with §1908 suhd. 2); 119 C. 344, 34"), .".I P.
561 (construed as not applying); 121 C. 55, 53 P. 421 (applied
Without citation); 127 C. 456, 459, 59 P. 839 (construed as not
applying); 129 C. 232, 237, 61 P. 958 (cited); 134 C. 99, 101, 66 P.
186 (applied); 134 C. 269, 272, 66 P. 266 (construed); 134 C. 641.
654, 58 P. 298, 60 P. 974, 66 P. 982 (applied); 135 C. 302, 3o5, 67
P. 766 (cited); 136 C. 646, 651, 69 P. 436 (cited); 144 C. 91, 94, 77
P. 765 (construed and applied); 146 C. 398, 402, 81 P. 542 (cited
with §1908); 34 P. 715 (cited); 81 P. 542 (applied); 149 C. 50.
58, 85 P. 122 (applied with § 1908 subd. 2 in action to first tit!.-
to mining claim); 5 C. A. 236, 239, 89 P. 10?3, 1074 (construed
with §1908, subd. 2, as to effect and scope of judgment): 7
C. A. 443, 446, 94 P. 874, 875 (one with constructive notice of
pendency of action is governed by judgment therein).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

§ 1912. WHERE SURETIES BOUND, PRINCIPAL IS ALSO.

Whenever, pursuant to the last four sections, a party is bound
by a record, and such party stands in the relation of a surety
for another, the latter is also hound from the time that he
has notice of the action or 'proceeding, and an opportunity
at the surety's request to joint in the defense.
History: Enacted March 11, 1872.

03 C. 564, 567 (cited with §§1908, 1909, 1911 ante).

As to judgment against principal, how far conclusive against
sureties on appeal-bond, see 38 A. S. 719.

Sureties on official bond — When not bound by judgment. — See
22 A. S. 205.

As to many mi.scellaneous matters of evidence, .see note
§ 1823. ante.

§1913. RECORD OF ANOTHER STATE, ITS EFFECT.

The effect of a judicial record of a sister state is the same
in this state as in the state where it was made, except that
it can only be enforced here by an action or special proceed-
ing, and except, also, that the authority of a guardian or
committee, or of an executor or administrator, does not extend
beyond the jurisdiction of the government under which he
was invested with his authority.

HlMtory: Enacted March 11, 1872.
1405



SiS 1914, 1915 CODK OF OTVII. PROCRDTTRK. [Pt.TV,Tit.I I.

See Kerr's Cyc. C. C. P. for 3 pars, annotation.

8 P. 619, 620 (applied to foreign executrix): 70 C. 403, 407,
411, 59 A. R. 423, 11 P. 833, 834, 835, 836 (construed with §§1294.
1667); 114 C. 258. 261 (erroneously cited as S 1913 C. C), 55 A. S.
66 (same error), 46 P. 82, 83, 35 I^. 492 (correct citation):
138 C. 455, 459, 71 P. 504, 703 (construed with §§1908, 1916);
148 C. 108, 114, 82 P. 760, 113 A. S. 197, 1 L. N. S. 996, 7
A. C. 306 (probate of domestic and foreign wills); 2 C. A. 70,
83, 84, 86, 83 P. 89 (judgment rendered in sister state as to cus-
tody of child — rights under in tliis state).

As to foreign judgments — In general, see 1 1 A. D. 394: 6 A. S.
184, 185; 14 A. S. 351; 15 A. S. 212-221; 23 A. S. 117; 45 A. S.
671-674.

Same — Authentication of foreign judgments. — See 82 A. D.
411-414.

Same — Effect of in general. — See 1 A. D. 324-326.

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to probate of foreign will, see 2 C'huroh's IVe^v Probate
Law and Practice, 1684, 1691, 1692.

§ 1914. RECORD OF A COURT OF ADMIRALTY. The

effect of the judicial record of a court of admiralty of a foreign
country is the same as if it were the record of a court of
admiralty of the United States.

History: Enacted March 11, 1872.

§ 1915. EFFECT OF A FOREIGN JUDGMENT. A final
judgment of any other tribunal of a foreign country having
jurisdiction, according to the laws of such country, to pro-
nounce the judgment, shall have the same effect as in the
country where rendered, and also the same effect as final
judgments rendered in this state.

History: Enacted March 11, 1872; amended by Code Commis-
sion, Act March 8, 1901, Stats, and Amdts. 1900-1, p. 245, act
held unconstitutional, see history, § 5 ante; amended March 11,
1907, Stats, and Amdts. 1907, p. 207, Kerr's Stats, and Amdts.
1906-7, p. 514. Jn eflfect immediately.

2 C. A. 70, 81, S3 P. 89 (foreign judgment may be impeached
how).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

1406



ch.III.art.II.] KKCORD— PROOF OF DOCUMENTS. B 1916-1918

§ 1916. MANNER OF IMPEACHINCi A RECORD. Any ju-
dicial record may be impeached by evidence of a want of
jurisdiction in the court or judicial officer, of collusion be-
tween the parties, or of fraud in the party offering the record,
in respect to the proceedings.

History: Enacted March 11, 1872.

See Kerr's Cyc. C. C. P. for 7 pars, annotation.

71 C. 470, 475, 12 P. 480, 482 (applied); 79 C. ISS, 191. 21 P. 728
(construed): 97 C. 388, 396, 30 P. 585, 586, 32 P. 452 (applied);
138 C. 455, 459, 71 P. 504, 505, 703 (cited); 2 C. A. 70, 82, 83 P.
89 (foreign judgment may be impeached how).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

8 1917. THE JURISDICTION NECESSARY IN A JUDO-

MENT. The jurisdiction sufficient to sustain a record is
jurisdiction over the cause, over the parties, and over the
thing, when a specific thing is the subject of the judgment.
History: Enacted March 11, 1872.

See Kerr's Cyc. C. C. P. for 2 pars, annotation.
66 C. 130, 134, 4 P. 1139 (applied).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

§ 1918. MANNER OF PROVING OTHER OFFICIAL DOCU-
MENTS. Other official documents may be proved as follows:

1. Acts of the executive of this state, by the records of the
state department of the state; and of the United States, by
the records of the state department of the United States, cer-
tified by the heads of those departments respectively. They
may also be proved by public documents printed by order of
the legit^lature or congress, or either house thereof.

2. The proeeediiiffs of the legislature of this state, or of
congress, by the journals of those bodies respectively, or
either house thereof, or by published statutes or resolutions,
or by copies certified by the clerk or printed by their order.

?,. The nets of the executive, or the proeeedfnjrs of the letris-
lature of a sister state, in the same manner.
4. The acts of the executive, or the proeeediufrs of the legis-

1407



§ 1918 CODE OF Civile PROCEDURE. [Pt.I V.Tit.IF.

laturc of a foreign country, by journals published by their
authority, or commonly received in that country as such, or
by a copy certified under the seal of the country or sover-
eign, or by a recognition thereof in some public act of the
executive of the United States.

5. Acts of a municipal corporation of this state, or of a
board or department thereof, by a copy, certified by the legal
keeper thereof, or by a printed book published by the author-
ity of such corporation.

6. Documents of any otber class in this state, by the origi-
nal, or by a copy, certified by the legal keeper thereof.

7. Documents of any other class in a sister state, by the
original, or by a copy, certified by the legal keeper thereof,
together with the certificate of the secretary of state, judge
of the supreme, superior, or county court, or mayor of a city
of such state, that the copy is duly certified by the officer
having the legal custody of the original.

8. Documents of any other class in a foreign conntry, by
the original, or by a copy, certified by the legal keeper thereof,
with a certificate, under seal, of the country or sovereign, that
the document is a valid and subsisting document of sucb
country, and the copy is duly certified by the officer having
the legal custody of the original.

9. Documents in the departments of the Fnited .States tsoy-
ernment, by the certificates of the legal custodian thereof.

Hi.story! Enacted March 11, 1872; amended March 24, 1874,
Code Amdts. 1873-4, p. 383; by Code Commission, Act March 8,
1901, Stats, and Amdts. 1900-1, p. 245, act held unconstitutional,
see history, § 5 ante.

See Kerr's Cyc. C. C. P. for 7 pars, annotation.

52 C. 171, 187 (applied); 69 C. 479, 495, 11 P. 3, 10 (applied
with § 1855 ante, subd. 5); 97 C. 594, 597. 32 P. 644, 645 (applied):
111 C. 46, 49, 43 P. 392 (applied with §§ 1920, 1963— proof of
ordinances); 113 C. 46, 54, 55, 45 P. 172 (applied in connection
with §1923 post); 130 C. 27, 39, 62 P. 386 (applied); 3 C. A. 358,
369, 85 P. 169 174 (subds. 6, 7 applied).

As to documents in this state, see Kerr's Cyc. C. C. P. § l!i-0
and note.

As to effect of judicial record of sister state, see Kerr"s Cyc.
C. C. P. § 1913 and note.

1408



ch.lII.art.IL] PRIVATd WRITINGS— ENTRIES. §§1919,1920

As to distinction between ministerial and judicial acts, see
79 A. D. 472-477.

As to certificates, see post § 1923.

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to official certificates, contents of, see Kerr's Cyc. G. G. P.
§ 1923 and note.

As to states and territories being Included in the phrase
"sister states," see post § 1924.

As to the admissibility of journals of senate and assembly,
and certified copies thereof, in evidence, see Kerr's Cyc. C. C. P.
§ 1855 and note par. 5.

As to validity and effect of judgments of other states, see
26 A. R. 27-33.



§1919. PUBLIC RECORD OF PRIVATE WRITING EVI-
DENCE. A public record of a private writing may be proved
by the original record, or by a copy thereof, certified by the
legal keeper of the record.

History: Enacted March 11, 1872.

See Kerr's Cyc. G. G. P. for 9 pars, annotation.

50 C. 346, 348 (cited with § 1894); 52 C. 171, 186 (construed with
§§1855 subd. 4, 1888, 1904); 59 C. 502, 506 (applied with §§1855
subd. 4, 1893, 1894); 70 C. 14, 15, 16, 11 P. 500, 501 (construed
with §1855 subd. 4, 1894, §1951); 70 C. 361, 367, 368, 11 P. 734,
736, 737 (construed with §1951); 89 C. 135, 139, 26 P. 647, 618
(applied); 91 C. 158, 164, 27 P. 596, 598, 861 (construed with
§§ 1920, 1951).

As to certificate, see post § 1923.

As to contents of writing, how proved in certain cases, sec
Kerr's Cyc. C. C. P. § 1855 and note.

As to lost or destroyed instrument, proof of contt'nts, see
Kerr's Cyc. C. C. P. § 1855 and note.

As to many miscellaneous matters of evidence, .^ce note
§ 1823, ante.

As to transcript of minutes of court, showing appointment of
executor, etc., effect of as evidence, see Kerr's Cyc. <^. G. P.
§ 1429 and note.

§1920. ENTRIES IN OFFICIAL ROOKS PHI.\IA FACIE
EVDENCE. Entries in public or other official books or rec-
ords, made in the performance of his duty by a public officer
of this state, or by another person in the performance of a
Kerrs C. G. P.— 89 1409



SS 1921, 1922 CODE OF CIVIL PROCRDURE. [Pt,.IV,Tit.II.

duty specially enjoined by law, are prima facie evidence of
the facts stated therein.

History: Enacted March 11, 1872; amended March 24, 1874,
Code Amdts. 1873-4, p. 384.

See Kerr's Cyc. C. C. P. for 6 pars, annotation.

70 C. 566, 570, 12 P. 462 (construed with § 1833 and § 1926): 75
C. 301, 303, 17 P. 214, 216 (applied): 75 C. 443, 448, 17 P. 241, 244
(applied); 90 C. 186, 187, 27 P. 199, 200 (cited); 91 C. 158, 164,
27 P. 596, 598, 861 (construed with §1819 and §1951); 97 C. 594,
597, 32 P. 644, 645 (applied with § 1918, subd. 5, and § 1963, subd.
15); 111 C. 46, 49, 43 P. 392 (applied — proof of ordinances): 118
C. 69, 71, 50 P. 4 (cited); 148 C. 625, 638, 84 P. 205, 211 (applied);
2 C. A. 100, 105, 83 P. 161 (tabulated statement of votes is only
prima facie evidence).

As to construction of this section, see ante § 1919, also 91 C.
158, 164, 27 P. 596. 861.

As to entries bj' offlcers of board, etc.. see Kerr's Cyc. C. C. P.
§ 1926 and note.

As to entries in official books or records being prima facie
evidence of facts therein stated, and therefore subject to be
contradicted, see Kerr's Cyc. C. C. P. § 1926 and note par. 2.

As to many miscellaneous matters of Evidence, see note
§ 1823, ante.

As to proof of official documents, see Kerr's Cyc. C. C. P.
§ 1918 and note.

S 1921. JUSTICE'S JUDGMEjNT I^ OTHER STATES, HOW

PROVED. A transcript from the record or docket of a justice
of the peace of a sister state, of a judgment rendered by him,
of the proceedings in the action before the judgment, of the
execution and return, if any, subscribed by the justice and
verified in the manner prescribed in the next section, is ad-
missible evidence of the facts stated therein.

History: Enacted March 11, 1872; amended by Code Commis-
sion, Act March 8, 1901, Stats, and Amdts. 1900-1, p. 246, act
held unconstitutional, see history, § 5 ante.

138 C. 455, 462, 17 P. 504, 703 (cited with § 1922); 84 P. 205, 211
(applied).

As to many niiscellaneous matters of evidence, see note
§ 1823, ante.

§1922. SAME. [CERTIFICATE TO TRANSCRIPT, CON-
TENTS.] There must be attached to the transcript a cer-

1410



eh.lJl.art.ll.] CKKTIFICATKS— TEllRlTORIKS. §§ 1923, 1924

tificate of the justice that the transcript is in all respects
correct, and that he had jurisdiction of the action, and also a
furthei- certificate of the clerk or prothonotary of the county
in which the justice resided at the time of rendering the judg-
ment, under the seal of the county, or the seal of the court
of common pleas or county court thereof, certifying that the
person subscribing the transcript was, at the date of the
judgment, a justice of the peace in the county, and that the
signature is genuine. Such judgment, proceedings, and juris-
diction may also be proved by the justice himself, on the pro-
duction of his docket, or by a copy of the judgment, and his
oral examination as a witness.

History: Enacted March 11, 1872; amended by Code Com-
mission, Act March 8, 1901, Stats, and Amdts. 1900-1, p. 246, act
held unconstitutional, see liistor^', § 5 ante.

See Kerr's Cyc. C. C. P. for 2 pars, annotation.
138 C. 455, 460, 462, 71 P. 504, 505, 703 (applied).
As to many naiscellaneous matters of evidence, set- note
§ 1823, ante.

§192:{. C0>TE:NTS OF OTJIER OFFICIAL CEKTIFI-
CATES. Whenever a copy of a writing is certified for the
purpose of evidence, the certificate must state in substance
that the copy is a correct copy of the original, or of a spe-
cified part thereof, as the case may be. The certificate must
be uu«Ier the oAichil seal of the certifying officer, if there be
any, or if he be the clerk of a court having a seal, under the
seal of such court.

HlMtory: Enacted March H, 1872; amended IV^arch 24, 1874,
Code Amdts. 1873-4, p. 384.

1)3 C-. 4C, 54, 45 P. 172 (under this section a map i)r dofumt-nt
riiay be introduced in evidence).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

§ 1921. FROYISIONS I> KELATION TO STATES APPLY
TO TEKKITOKIES. The provisions of the preceding sections
of this article applicable to the public writings of a sister

1411



SS1925, 192G (^onE OF CIVIL PROCEDURE. [Pt.IV.Tit.II.

state, are equally applicable to the public writint^s of the
United States, or a territory of the United States.

History: Enacted March 11, 1872; amended March 24, 1874,
Code Amdts. 1873-4, p. 385.

§1925. CERTIFICATES OF PUKCllAHE PRIMARY EVI-
DEJVCE OF OWNERSHIP. A certificate of purchase, or of
location, of any lauds in this state, issued or made in pursu-
ance of any law of the United States, or of this state, ib
primary evidence that the holder or assignee of such certi-
ficate is the owner of the land described therein; but this
evidence may be overcome by proof that, at the time of the
location, or time of filing a pre-emption claim on which the
certificate may have been issued, the land was in the adverse
possession of the adverse party, or those under whom he
claims, or that the adverse party is holding the land for min-
ing purposes.

History: Enacted March 11, 1872; amended by Code Com-
mission, Act March 8, 1901, Stats, and Amdts. 1900-1, p. 246, act
]ield unconstitutional, see history, § 5 ante.

See Kerr's Cyc. C. C. P. for 13 pars, annotation.

51 C. 412, 414 (applied); 52 C. 299, 301 (applied): 59 C. fi25. r.2G
(cited); 63 C. 452, 453 (applied); (C. June 23. 1885), 7 P. 428
(applied); 75 C. 584, 587, 17 P. 705, 706 (applied); 84 C. 499, 501.
502, 24 P. 302 (applied); 87 C. 296, 299, 25 P. 399, 400 (cited); 90
C. 150, 156, 27 P. 51, 52 (applied); 91 C. 540, 543, 544, 545. 27 P.
784, 785 (construed); 125 C. 400, 405, 58 P. 12 (applied): 148 C.
646, 648, 113 A. S. 321, 84 P. 161 (receiver's receipt, to homestead
entry man, as evidence of title); 3 C. A. 325, 330, 85 P. 159 (con-
strued as not applicable — section is controlled by §§3514, 1481
Pol. C).

As to certificate of purchase of public land, prima facie evi-
dence of title, see Kerr's Cyc. Pol. C. § 3514 and note.

As to duplicate for lost certificate of purchase of public lands,
see Kerr's Cyc. Pol. C. § 3518 and note.

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to public lands in general, see Kerr's Cyc. Pol. C. §§ 3395 et
seq. and notes.

§ 1926. ENTRIES MADE BY OFFICERS OR BOARDS
PRIMA FACIE EVIDENCE. Au entry made by an officer,

1412



Ch.lII.art.lI.l KVIDENCR OF I.OCATTOX. §1927

or board of officers, or under the direction and in the pres-
ence of either, in the course of official dutj', is prima facie
evidence of the facts stated in such entry.

History: Enacted March 11, 1872; amended March 24, 1874,
Code Amdts. 1873-4, p. 385.

See Korr'.s Cyc. C. C P. for 2 par.s. aiinulatii)n.

70 C. 566, 570, 12 P. 462, 463, 464 (construed with §§ 1833, 1920):
90 C. 186, 187, 27 P. 199, 200 (cited); 2 C. A. 100, 105, 83 P. 161
(tabulated statement of votes is only prima facie evidence).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to return of sheriff being prima facie evidence of its con-
tents, see Kerr's Cyc. Pol. C §4178 and note.

§ 1927. UNITED STATES MINERAL LAND-PATENT,
DATE OF LOCATION IS PRIMA FACIE EVIDENCE. When-
ever any patent for mineral lands within the state of Cali-
fornia, issued or granted by the United States of America,
shall contain a statement of the date of the location of a
claim or claims, upon which the granting or issuance of such
patent is based, such statement shall be prima facie evidence
of the date of such location.

HiNtory: Enacted March 7, 1905, Stats, and Amdts. 1905, p. 78.



1413



S§ 1929, 1930 (JODIO OF ('I\ir^ PROCEDURE. [Pt.lV.Tit.TT.

ARTICLE III.

PRIVATE WRITINGS.

§ 1921). Private writing's classified.

§ 1930. Seal defined.

§ 1931. Seal, and how made.

§ 1932. Effect of a seal.

§1933. Execution of an instrument defined.

§ 1934. Compromise of a debt without seal g-ood.

S 1935. Subscribing' witness defined.

S 1936. Books, maps, etc., liow far evidence.

§ 1937. Original writing to be produced or accounted for.

S 1938. When in possession of adverse party, notice to be given.

S 1939. Writings called for and inspected may be withheld.

§1940. Writing, how proved.

S 1941. Other witnesses may also testify.

§ 1942. When evidence of execution not necessary.

S 1943. Evidence of handwriting.

§ 1944. Evidence of handwriting by comparison.

§ 1945. Same. Where a writing is more than thirty years old.

§ 1946. Entries of decedents, evidence in specified cases.

§ 1947. Copies of entries also allowed.

§ 1948. Private writings, how proved.

§1949. County clerks to keep private papers deposited. [Re-
pealed.]

§ 1950. Reinoval of public records.

§1951. Instrument affecting real property used as evidence.

§ 1929. PRIVATE WRITINGS CLASSIFIED. Private writ-
ings are either:

1. Sealed; or,

2. Unsealed.

History: Enacted March 11, 1872.

As to lack of distinction between sealed and unsealed writ-
ings, see post § 1932.

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to provisions abolishing seals, see Kerr's Cyc. C. C. § 1629
and note.

§ 1930. SEAL DEFINED. A seal is a particular sign, made
to attest, in the most formal manner, the execution of an
instrument.

1414



ell. Ill, art .TIL] SKAI>, now M.ADE. 5 1931

History: Enacted March 11, 1872, substantial re-enactment
of § 454 Practice Act.

As to definition of seal, soo 50 A. S. 15fi.

As to many miscellaneou.s matters of evidenoo, see note
§ 1823, ante.

As to seal required by law — Generally, see Kerr's Cyc. C. C. P.
§ 14 and note.

Same — How made. — See Kerr's Cyc. C. C. P. § 1931 and note.

As to when evidence of execution not necessary, see post
§ 1942.



§ 1931. SEAL, AND HOW MADE. A public seal in this
state is a stamp or impression made by a public officer with
an instrument provided by law, to attest the execution of an
official or public document, upon the paper, or upon any sub-
stance attached to the paper, which is capable of receivins;
a visible impression. A priTate seal may be made in the
same manner by any instrument, or it may be made by the
scroll of a pen, or by writing the word "seal" against the
signature of the writer. A scroll or other sign, made in a
sister state or foreign country, and there recognized as a seal,
must be so regarded in this state.

History: Enacted March 11, 1872; amended March 24, 1874,
Code Amdts. 1873-4, p. 385.

As to corporate or official seal, how affixed, see Kerr's Cyc.
C. C. § 1629 and note.

As to definition of the word "seal," see Kerr's Cyc. O. C. P.
§ 14 and note.

As to .iudicial notice of seals of courts, see Kerr's Cyc. C C. P.
§ 1895 subds. 4, 7.

As to many niistellaiieous matters of evidence, see nolv
§ 1823, ante.

As to mode of fixing seals, see 50 A. S. 155.

As to seals of corporation as evidence, see 64 A. S. 2r)(i-2V,r>.

As to seals of courts, sec Kerr's Cyc. C. C. P. ?§117-ir.:{ and
note.

As to .seals of coiilts, l<i what (bxunxiits affixi-d. see aiile
§153.

As to validity of writs, processes, and certificates issued by
the superior court provided with seals, see Act of March 31.
1880, stats. 1880, p. 19, and Hen. O. L. p. 1077.

1415



§n932-1933 CODB OF CIVIL PROCEDURE. [Pt.I V.Tit.H.

§ 1932. EFFECT OF A SEAL. There shall be no difference

hereafter, in this state, between sealed and unsealed writ-
ings. A writing under seal may therefore be changed, or al-
together discharged by a writing not under seal.

History: Enacted March 11, 1872; amended March 24, 1874,
Code Amdts, 1873-4, p. 386.

As to compromise of debt without .seal being good, see post
§ 1934.

As to corporate seal, effect of, see 64 A. S. 260.

As to corporate seal, from what contracts may be omitted, see
13 A. D. 561.

As to like provision, see Kerr's Pocket C. C § 1629.

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to seal on policy of insurance unnecessary unless required



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