Page:United States Statutes at Large Volume 47 Part 1.djvu/1129

 72d CONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . PRIVATE WRIT INGS 1105 Private writings. SEC. 1114. PRI VATE WRITINGS CLAS SIFI ED .-Private wri tings are Cla ssifi ed. either 1. Seal ed ; or, 2. Uns ealed. S EC. 1115 . SFA L DEFIXM.-A seal is a p arti cula r si gn m ade to "sea l" d efin ed. attest, in the most formal ma nner, the execut ion of an instru ment. SEO. 1116 . SEAL , WHAT Is, AND How MADE .-A pub lic seal in the How made. Cana l Z one is a sta mp or i mpre ssio n ma de by a pub lic offi cer wit h an instrument provided by law, to attest the exe cution of an off icial or public docu ment, upon the paper, or upon any substance att ached to the paper, which is capable of receiving a visible impression. A pr iva te seal may be ma de in the same manner by any instrument, or it may be ma de by the scroll of a pe n, or by writing the wor d "seal" against the signature of the writer. A scroll or other sign, made in a state or foreign country, and there recognized as a seal, must be so regarded in the anal Zone. S Fc. 1 117. Eet% cT OFA aaAL .There shall be no difference here- Effect. after, in the Canal Zone, between sealed and unsealed writings. A writing under seal may therefore be changed, or altogether dis- charged by a w riting not unde r seal. S EC. 1118. EXEC,I - I'LON OF AN INSTRUMENT DEFINED .-The execution "Execution of in- of an instrument is the subscribing and delivering it, w ith or with- strument" defined. a out affixing a seal. SEC. 1119. COMPROMISE OF A DEBT WITHOUT SEA L GOOD.-An agree- Compromise of debt sile nt, in w rit ing, wit hout a seal, for the co mpro mise or settlement without seal goo d. of, a debt, is as obligatory as if a seal were affixed. S IC. 1120 . SUBSCRIBING WITNESS DEFINED .-A subscribing witness "Subscribing wit- is one who se es a writing executed or hears it acknowledged, and „ at the request of the party thereupon signs his name as a witness . S EC. 11.21 . BOOKS, MAPS, AND SO FORTH, HOW FAR EVID ENCE .-IH iS- Evid enti ary valu e of torical works, books of science or art, and published maps or charts, books, maps, etc' When made by persons indifferent between the parties, are prima fac ie e vide nce of fact s of gen eral not ori ety and inte rest . SEC. 1122 . ORIGINAL WRITING TO BE PRODUCED OR ACCOUNTED FOR .- Production of origi- The original wr it ing must be produced and proved, except as pro - Exceptio nal writing . i ns. vide d in se ctio ns 1 054 and 1106 . If it has been lost, proof of the loss Ante, pp .10 95 ,11 04 . must first be made before evidence can be given of its contents . Upon such proof being made, together with proof of the due execution of the writing, its contents may be proved by a copy, or by recital of its contents in so me authentic docu ment, or by the r ecollection of a wit- ness, as provided in sec ti on 1054. SEC. 1123. WHEN IN POSSESSION OF ADVERSE PARTY, NOTICE TO BE Wri ting in bend s of GIVEN : -If the writing be in the custod y of the adverse party, he pda party, notice to must first have reasonable notice to produce it. If he then fail to do so, the con tent s of the wr itin g may be pr oved as in c ase of its loss. But the not ice to produce it is not necess ary where the wr iting is itself a no tice, or where it has been wrongfu lly obtained or withheld by the adve rse party. SEC. 1124. WR ITI NGS CALLED FOR AND INSPECTED MAY BE WI TH- May be withheld. H E LD .-Though a writing called for by one party is produced by the other, and is thereupon inspected by the party cal li ng for it, he is not obliged to produce it as evidence in the case. SEC. 1125 . WRITING, iiow riwvrD :--Any writing may be pro ved Proof of writin eit her 1. By anyone who saw the wr it ing executed ; or, 2. By evidence of the genuineness of the handwriting of the maker ; or, 3051 „-33--70