Page:United States Statutes at Large Volume 47 Part 1.djvu/1130

 1106 Further proof of. When evidence of ex- ecution not necessary. Proof of handwriting, by party familiar. By comparison . Ancient writings. Entries o f decedents. Against interest. Professional capacity. In performance of le. gal duty, Copies of entries . Proof of p rivate writ- ings. Post, p. 1164. Re mov al of public reco rds. rmtruments convey- ing real property ad- mi ssi ble . 72d CONGRESS. SESS. 11. CH. 127 . FEBRUARY 27, 1933 . 3. By a subscribing witness. SEC. 1126. OTHER WITNESSES MAY ALSO TESTI.a'Y .-If the subsc ribin g witness denies or does not recollect the execution of the writing, its execution may still be proved by other evidence. SEC. 1127 . WHEN EVIDENCE OF EXECU TION NOT NECESSARY :Where, however, evidence is' given that the party against whom the writing is offered has at any time admitted its execution no other evidence of the execution n eed be given, w hen the in str um ent is one mentioned in sec tio n 113 0, or one produced from the cu st ody of the ad ve rse party, and has been acted upon by him as genuine. SEC. 1128. EVIDENCE OF HANDW RITIN G .-The handwriting of a person may proved 1 by any one who believes it to be his, and who has seen him write, or has se en writings purporting to be his, upon which he has acted or been charged, and who has thus acquired a knowledge of his handwriting . SEC. 1129. EVIDENCE OF HANDW RITIN G BY COMP ARISO N,-Ev idenc e respecting the handwriting may also be given by a comparison, made by the witness or the jury, wi th writings admitted or treated as gen uin e by the party ag ain st wh om the evi de nce is offered, or proved to be ge nu ine to the satisfaction of the judge. SEC. 1130. SAME WHEN WRITING MORE THAN TttufTY YEARS OLD: Where a writing is more than thirty years old, the comparisons may be ma de wi th wri ti ngs purporting to be genuine, and generally respected and acted upon as such, by persons having an interest in knowi ng the fact. SEC. 1131. EN TR IES OF DECEDENTS ; EVIDENCE IN SPECIFIED CASES .- The e ntrie s and othe r wri tings of a dece dent, made at or nea r the ti me of the transaction, and in a position to know the facts stated the re in, may be re ad as prima fac ie evidence of the facts stated therein, in the following cases : 1. When the entry was made against the interest of the person making it. 2. Wh en it was made in a profe ssion al ca pacit y and in the or dinar y course of professional conduct. 3. When it was made in the Performance of a duty specially enj oi ned by law. SEC . 1132 . COP IES OF ENT RIE S ALS O ALLOwED.When an entry is repea ted in the regu lar c ourse of b usine ss, one be ing c opied from another at or near the time of the transaction, all the entries are equally regarded as originals. SEC. 1133 . PRIVATE WRITINGS, HOW PROVED.-Every private wri ti ng except la st wills and testaments, may be acknowledged or .prove~ and certified in the manner provided in chapter 22 of the Civil Code, and the certificate of such acknowledgement or proof is prima facie evidence of the execution of the writing, in the same manner as if it were a conveyance of real property. SEC. 1134 . REMOVAL OF PUBLIC RECORDS.-The record of a_ convey- ance of re al pr opert y, or any other reco rd, a tran scrip t of which is adm issib le in evid ence, must not be re moved from the offic e whe re it is kept, except upon the order of a co urt, in cases where the i nspec - tion of the record is shown to be essential to the just determination of the cau se or proc eedin g pen ding, or w here the c ourt is he ld in the same building with such office. SEC. 1135 . INSTRUMENT CONVEYING OR AFFEC'T'ING REAL PRO PERTY MAY BE READ iN EVIDENCE .--Every instrument conveying or affecting rea l property, acknowled-ed or proved and certified, as provided in the Civil Cod e, may tog et her w ith the certificate of acknowledg- ' So in original.