Page:United States Statutes at Large Volume 47 Part 1.djvu/1127

 72d C ONGRESS. SESS. II. CH. 127. - FEBRUARY 27, 1933 . 1103 SEC. 1098. WH A T 7)EF MED ADJUDGED IN A J uuGMENT .-That only is Wha deemed ad- deemed to have been adjudged in a former judgment which appears lodged in judgment . upon its face to have been so adjudged, or wh ich was actually and necessarily included therein or necessary thereto . SEC. 1099 . WHERE SURETIES BOUND, PRINCIPAL IS ALSO~Whenever Principal bound pursuant to the last four sections, a party is bound by a record, when sureties are . and such party stands in the relation of a surety for another, the latter is also bound from the time that he has notice of the action or proceeding, and an opportunity at the surety's request to join in the defense . SEC . 1100. RECORD O F STATE, ITS EFFEcr.-The effect of a judicial Effa of state . judicial record of a st ate is the same i n the Canal Zone as in the state where it was made, e xcept that it c an only be enfor ced here by an a ction or special proceeding, and except, also, that the authority ofa 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. j SEC. 1101. RECORD OF A COURT OF ADMIRALTY.-The effect of the Court of admiralty. udicial 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. SEC. 1102. EFFECT OF A FOREIGN JUDGMENT .-A final j udgment of Foreign judgment. any other tribunal of a foreign country having jurisdiction, accord- ing to the laws of such country, to pronounce the judgment, shall have the same effect as in the country where rendered, and also the same effect as final judgments rend ered in the Cana l Zone. S EC. 1103. MANNER OF IMPEACHING A RECORD.--Any judicial record Impeachment of may be impeached by evidence of a want of jurisdiction in the court record . or judicial of ficer, of collusi on between the pa rties, or of fra ud in the party offering the record, in respect to the proceedings. SEC. 1104. THE JunisDicTioY NECESSARY IN A JUDGMENT.-The Jurisdiction neces. j sary to sustain a judg- urisdiction sufficient to sustain a record is jurisdiction over the meat. cause, over the parties, and over the thing, when a specific thing is the subject of the judgment. S EC. 1105. MANNER OF PROVING OTHER OFFICIAL DOCLMENTS .-Other Prone of other official documents. official documents may be proved, as follows 1. Acts of the executive of the Canal Zone, by the records of his cais o executives o United office ; and of the United States, by the records of the state depart- States. ment of the Un ited States, ce rtified by the h eads of those de part- ments, resp ectively. They may also be proved by public docu ments printed by order of the executive or Congress, or either house thereof. 2. The proceedings of Congress, by the journals of that body, Proceedings of Con. or either house thereof, or by published statutes or resolutions, or by gam' copies certified by the clerk or printed by their order. 3 . The a c ts of the e xecutive, or the proceedings of t he legislature Executive and legis- of a state, in the same manner. lature of States. 4 . The acts of the executive, or the proceedings of the legislature Of for eign co untry. of a foreign c ountry, by jour nal-, ublished b y their authorit y, or commonly received in that country' as such, or by a copy certified under the seal of the country or sovereign, or bya recognition thereof in some public act of the executive of the United States. 5 . Documents of any other class in the Canal Zone, by the original, canal Other or by a copy, certified by the legal keeper thereof. 6 . hocunients of any other class in a State by the original, or by sta tes - a copy, cer tified by the leg al keeper Lheico„, together with the cer- tificate of the secretary of state, judge of the supreme, superior, or county cour t, or ij .ayor of a city of su ch State, that t he copy is duly certified by the officer having the legal custody of the original.