Page:United States Statutes at Large Volume 47 Part 1.djvu/1126

 11 02 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 11333 . by the production of the original, or by a copy thereof, certified by the clerk or other person having a legal custody thereof. That of a state may be proved by the attestation of the clerk and the seal of the court annexed, if there be a clerk and seal, together with a certificate of the chief judge or presiding magistrate, that the attestation is in due form. Authentication icrecord. eign judicial record . SEC. 1093. RECORD OF A FOREIGN COUNTRY, HOW AUTHENTICATED .- A judicial record of a foreign country may be proved by the attesta- tion of the clerk, with the seal of the court annexed, if there be a clerk and a seal, or of the legal keeper of the record, with the seal of his office annexed, if there be a seal, together with a certificate of the chief judge, or presiding magistrate, that the person making the attestation is the clerk of the court or the legal keeper of the record, and, in either case, that the signature of such person is genuine and that the attestation is in due form. The signature of the chief judge or presiding magistrate must be authenticated by the certificate of the minister or ambassador, or a consul, vice consul, or consular agent of the United States in such foreign country. Unauthenticated SEC. 1094. COPY OF A FOREIGN RECORD, WHEN EVIDENCE .-A copy COPY. of the judicial record of a foreign country is also admissible in evidence, upon proof 1 . That the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of it ; 2 . That such original was in the custody of the clerk of the court or other legal keeper of the same ; and 3 . That the copy is duly attested by a seal which is proved to be the seal of the court where. the record remains, if it be the record of acourt;oriftherebenosuchseal,orifitbenotarecordofacourt, by the signature of the legal keeper of the original. npon rights. E rights of judgment SEC. 1095. EFFECT OF A JUDGMENT UPON RIGHTS IN VARIOUS CASES .- The effect of a judgment or final order in an actio n or special proceeding before a court or judge of the Canal Zone, is as follows 1 . In case of a judgment or order against a specific thing, or in respe ct to the pr obate of a will, or the admin istrat ion o f the estate of a decedent, or in respect to the personal, political, or legal condi- tion or relation' of a4 particular person, the judgment or order is conclusive upon the title to the .thing, the will, or administration, or the condition or relation of the person. 2 . In other cases, the judgment or order is, in respect to the matter directly adjudged, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special prgceeding, litigating for the same thing under the same title and in the same capacity, provided they have notice, actual or constructive, of the pendency of the action or proceeding. Other Judicial orders. SEC. 1096. EFFECT OF 'OTHER JUDICIAL ORDERS, WHEN CONCLUSIVE .-- Other judicial orders - of a court of judge of the Canal Zone, create a disputable presumption, according to the matter directly deter- mined, between the same parties and their representatives and succ essor s in int erest by title sub seque nt t o th e com menc ement of the a ction or spe cial p rocee ding, litiga ting f or the same thing under theC~ same title and in the same capacity. Where pa rti es SEC. 1091. WHERE PARTIES ARE TO BE DEEMED THE SAME .-The Seemed the same. 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.