Page:United States Statutes at Large Volume 76A.djvu/500

–404– -404§ 3124. Unwritten law defined Unwritten law is the law not promulgated and recorded, provided by section 3122 of this title, but which is, nevertheless, observed and administered in the courts of the United States. I t has no certain repository, but is collected from the reports of the decisions of the courts, and the treatises of learned men. § 3125. Public writing of state or country A copy of a public writing of a State or country, attested by the certificate of the officer having charge of the original, under the public seal of the State or country is admissible as evidence of the writing. § 3126. Recitals in statutes as evidence The recitals in a public statute are conclusive evidence of the facts recited for the purpose of carrying it into effect, but no further. The recitals in a private statute are conclusive evidence between parties who claim under its provisions, but no further. § 3127. Judicial record defined A judicial record is the record or official entry of the proceedings in a court of justice, or of the official act of a judicial officer, in an action or special proceeding. § 3128. Authentication of judicial record A judicial record of the Canal Zone, or of the United States, may be proved by the production of the original, or by a copy thereof, certified by the clerk or other person having 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 is a clerk and seal, together with a certificate of the chief judge or presiding magistrate, that the attestation is in due form. § 3129. Judicial record of foreign country A judicial record of a foreign country may be proved by the attestation of the clerk, with the seal of the court annexed, if there is a clerk and a seal, or of the legal keeper of the record with the seal of his office annexed, if there is 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 the person is genuine, and that the attestation is in due form. The signature of the chief judge or presiding magistrate shall be authenticated by the certificate of the minister or ambassador, or a consul, vice consul, or consular agent of the United States in the foreign country. § 3130. Same; compared copy A copy of the judicial record of a foreign country is also admissible in evidence, upon proof that: (1) the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of it; (2) the original was in the custody of the clerk of the court or other legal keeper of the same; and (3) the copy is duly attested by a seal which is proved to be the seal of the court where the record remains, if it is the record of a court; or if there is no such seal, or if it is not a record of a court, by the signature of the legal keeper of the original. § 3131. Proof of official documents Other official documents may be proved, as follows: (1) Acts of the executive of the Government of the Canal Zone, by the records of the office; and of the United States, by the records

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