Page:United States Statutes at Large Volume 62 Part 1.djvu/976

 PUBLIC LAWS--CH. 646 -JUNE 25, 1948 "Business." Proof of service in foreign country. entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence, or event, shall be admissible as evidence of such act, transaction, occurrence, or event, if made in regular course of any business, and if it was the regular course of such business to make such memorandum or record at the time of such act, transaction, occur- rence, or event or within a reasonable time thereafter. All other circumstances of the making of such writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight, but such circumstances shall not affect its admissibility. The term "business," as used in this section, includes business, pro- fession, eccupation, and calling of every kind. § 1733. Government records and papers; copies (a) Books or records of account or minutes of proceedings of any department or agency of the United States shall be admissible to prove the act, transaction or occurrence as a memorandum of which the same were made or kept. (b) Properly authenticated copies or transcripts of any books, records, papers or documents of any department or agency of the United States shall be admitted in evidence equally with the originals thereof. § 1734. Court record lost or destroyed, generally (a) A lost or destroyed record of any proceeding in any court of the United States may be supplied on application of any interested party not at fault, by substituting a copy certified by the clerk of any court in which an authentic copy is lodged. (b) Where a certified copy is not available, any interested person not at fault may file in such court a verified application for an order establishing the lost or destroyed record. Every other interested person shall be served personally with a copy of the application and with notice of hearing on a day stated, not less than sixty days after service. Service may be made on any nonresident of the district anywhere within the jurisdiction of the United States or in any foreign country. Proof of service in a foreign country shall be certified by a minister or consul of the United States in such country, under his official seal. If, after the hearing, the court is satisfied that the statements con- tained in the application are true, it shall enter an order reciting the substance and effect of the lost or destroyed record. Such order, sub- ject to intervening rights of third persons, shall have the same effect as the original record. § 1735. Court record lost or destroyed where United States in- terested (a) When the record of any case or matter in any court of the United States to which the United States is a party, is lost or de- stroyed, a certified copy of any official paper of a United States attorney, United States marshal or clerk or other certifying or re- cording officer of any such court, made pursuant to law, on file in any department or agency of the United States and relating to such case or matter, shall, on being filed in the court to which it relates, have the same effect as an original paper filed in such court. If the copy so filed discloses the date and amount of a judgment or decree and the names of the parties thereto, the court may enforce the judg- ment or decree as though the original record had not been lost or destroyed. (b) Whenever the United States is interested in any lost or de- stroyed records or files of a court of the United States, the clerk 946 [62 STAT.

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