, 1854-07-08

from compelling another 10 prOuuce DOCKS,
papers, or documents, where he is examined
as a witness
Sec. 1888. If either party at any time
before trial, allow the other an inspection
of any writing, material to the action,
whether mentioned in the pleadings or not,
and deliver to him a copy thereof, with
notice that he intends to read the same in
evidence on the trial of the cause, it may
be so read without proof of it's genuineness
or execution, unless denied by affidavit be-
fore the commencement of the trial. If
such denial be made Of any writing not
mentioned in the peadings, the couIt may
give time to either party TO procure evil
dence when necessary for the furtherance
Of justice.
Sec. 334 The records and proceedings
Of any court of the United States, or Of
any State or Territory, shall be admissible
in evidence in all cases in this Territory,
when authenticated by the attestation of
the clerk, prothonotary or other officer
having charge Of the records Of such court,
with the seal Of such court annexed
Sec. 335. Whenever any deed, con-
veyance, mortgage, bond or other writing
shall have been recorded or filed, in pur-
suance Of law, copies Of such deed, convey
ance, bond or other writing, duly certified
by the officer having the lawful custody
thereof, with the seal Of Office annexed, if
there be such seal, if no seal, then with the
official certificate Of such officer, shall be
received in evidence, to all intents and
purposes, as the originals themselves
Sec. 1886. Copies of all papers on file
in the Offices of the Surveyor Generals of
Oregon and Washington Territories, Sec
retary of Washington Territory, Territorial
Treasurer, Territorial Auditor and county
Treasurer, or any matter recorded in either
Of said Offices, duly certified by the respect
i've officers with the respective seals Of
Office annexed. shall be evidence in all the
courts Of this Territory.
Sec. 337. Any certificate of residence
and cultivation upon the public lands, is
sued by the Surveyor General of Oregon or
Washington Territories, in pursuance of
law, shall be evidence in oil courts in this
Territory.
Sec. 338. A seal Of q court or public
Office, when required to any writ, process,
or proceeding, or TO authenticate copy Of
any record or document, may be affixed by
making an impression directly on the pa
per, which shall be as valid as if made upon
wafer or on wax.
Sec. 339. Printed copies Of the statute
laws Of any State, Territory, or foreign
government, II purporting to have been
published under the authority Of the re-
spective governments, or if commonly ad-
mitted and read as evidence in their courts,
shall be admitted in all courts in this Ter
ritory, and on all other occasions as pre-
sumptive evidence Of such laws.
OF wRITs OF ERROR AND APPEALS.
Sec $40. Every final Judgment, order
or decision Of q district court, in civil ac-
ton, may be re-examincd upon a writ Of
error in the same court for error in fact,
and in the supreme court for error in law.
Sec. S41.. Every such writ shall be
prosecuted within two years, and not after
But II the party entitled to have such writ
shall be absent from the Territory, and
shall not have been personally served with
process, nor appeared to the action; or if
such party be an infant, married woman,
or imprisoned, or insane, then such writ
may be prosecuted within two years from
the removal Of such disability, and not
after Provided, that absence from the
Territory shall not entitle the party to a
longer time than Eve years the time lin
tied shall include the day on which the
Judgment is rendered, or the order Of de-
cision is made, or on which the disability
ceases.
Sec. s42. The party desirous Of taking
his writ of error, shall file with the clerk
Of the court in which the judgment was
rendered, precipe, containing particular
description Of the judgment, order or decis-
ion upon which he wishes to bring his writ
Of error and his claim, whether upon error
in fact or error in law which precipe shall
also contain an order directing the clerk
to issue, under the seal Of the court, notice
to the adverse party of the filing of such
precipe, and o.. the court and term at which
such writs of error will be prosecuted; and
the writ Of error shall be deemed to have
issued at the time Of the filing Of such
precipe.
Sec. 343. The notice shall be issued
and served in the same manner that q sum-
mons is served, and shall be returned to
the court in which such writ of error is to
be prosecuted, by the first day Of the term
at which said writ Of error is to be heard
1t may be served on the defendant or his
attorney Of record, in any county in the
Territory And if service Of the notice
cannot be had from any cause, the court
at such term, upon being satisfied that the
precipe has been fled and notice issued,
may direct the manner in which such no
tice shall be given and after the order
for giving notice has been fully complied
with, may proceed as though notice had
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