Page:Federal Reporter, 1st Series, Volume 1.djvu/655

 LATIN V. EMIGEANT INDtJSTRIAL SAVINGS BANE. 647 �an act is justified or a title made under the official act or decree of an officer or court of special and limited jurisdiction, the burden is on the party setting up such title, or justifying such act, to prove that the officer or court had jurisdiction. There must be evidence of those facts, the existence of which are essential to the exercise of the power or jurisdiction. This rule is recognized by statute in the state of New York. Code of Civ. Proc. § 532. It is, however, independently of ail statute, a well settled rule of evidence, of general application.

But no well considered case has gone bo far as to hold that where a record is produced, made up and authenticated in the accustomed and proper manner, which on its face recites and declares the action which the officer or court has taken upon the matter in question, such record is not prima facie evidence that such action has in fact been taken, even although such action is essential to the validity of the proceeding of the court, or the officer under which title or justification is attempted to be made. On the contrary the presumption is always that the proceedings and acts of a court or public officer, apparently done in the discharge of his or its official duty, are regular and lawful, until the contrary is shown. To this extent this presumption does not go so far as to supply, without proof, facts not appearing by the record essential to the jurisdiction, but it certainly extends to those facts recited in the record as the action taken by the court or officer, and which it was a part of its or his official duty, either by statute or well settled practice, to make a part of his record. So far as the record shows, on its face, that he acted, his action, in the absence of evidence to the contrary, is presumed to be lawful rather than unlawful. It is obvious that any other rule than this would, in practice, lead to great insecurity in respect to ail titles or proceedings based upon the action of courts and officers of limited and special jurisdiction.

In this case the letters issued by the surrogate of New York are such a record, purporting to show the action of the surrogate. They are signed by him and sealed with the seal of his office, and are in the accustomed and proper form.