Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-01-15
1nRr OF APPEALS.
\. # Recent Decisions Rem
81 ~ a. n Tyler Sitting OF
~ me Court Of Appeals
From the Full and Official Re-
y. of the Billings and oPin-
ions Rendered

a for the GaleI'e'
.-,on w. the State, from Jeiier-
nn,y-l. The act of congress
T n,. Arts. 500 and S7lO) pro-
,ts exempliiicaiion and au-
,,on NJ state laws. Under the
IS, statutes of this state, Cart.
\. printed statute books Of the
s,stss or any state or territory
u the District of Columbia, or
,oreign government, purporting
icon published by authority,
aR .,rce IN this sta,e oil the acts
~ nrn,Inns therein contained.
~ ! conies. under the seal OF the
~ 81 ~ staie. Of any act or resolu.
3.Jned in such printed statute
dsnosit in the said eecretary's
Wv admissible in evidence. See
sats, AIT 95l,J
I'M n correct general rule upon
hieot Of proving foreign laws,
GIrsenlpaf's Ev., sections 4SS and
gtf nv s,rltten law of another state
(, moved by parol in Texas
UtP ,S.se niles, certain written in
IL certified under seal by the
- ~ tate to be true copies of
~ stetutes of the state of NJ, de-
IN bsofiiee, were properly adj
a. evidence in behalf of the
nr 4, n a prosecution for bigamy.
fbal The certified copy omits GER
e,ions Of statute will not inval-
M certificate as to the sections
!. M n me- copy, and in the absence
u ha No the contrary this court Is
irsI 10 hold that the sections
mo the certificate are all the
VAN relating to the rites of matri-
lA and liz solemnizalion in the
LIZ.
T.. eclions aud Is OF chapter
lille xviii Of the laws of Mich.
nd Du iuv their own Interpretation
tly. Section authorizes JUS.
-ss,, olemnize marriage in their
M counties and make certifl-
lhe fact. Section is provides
70 Me oriPinipgl certificates and
4 a, dmarriage made by the min.
Justice as prescribed In this
Gorgu And the record thereof made
county clerk, or copy OF such
d0bllt duly certified by such clerk
be I, eeived in all courts and
b. pEesumptive evidence of the
Leite marriagen HavingI ia this
IN. Ia royed the law, the prosecution
'ourth In evidence copy OF the GER
:, m. oione p, q justice of thepeace,
~ lug fleet that lac united the de-
a dlsa lsnd one Ann M. c., in mar
liary d the township of NJ. county of
hev 70. siste Of M, on the 9th day of
4 In :, III, 1865. To this marriage GER
'oufb was attached theoflicial certifi
B., county clerk of said county
lte, certifying the correctness OF
ny upon comparison with the
10 his office. Two certificates
n oIslaTy Of state of the state of
lAE lied the official characters of p.
.Z The defendant objected TO the
- inniu evidence of The JUSTICES
,=kZ PIE, fist, because it was not
%lZ ent eyidence of a marriage in q
state. Second, because on
e Il shows that IL Is not
r,srIb gnAl, bat a copy of the
1. !. !. !. 1. !. 4. !.
Pc ofthe justice. Three, be-
no loss or abst nee of the origi.
Nd been shown or accounted for.
GlJ tealseitwas not filed In the case
;DEIS lier The commencement of the
. OF bad any previous notice OF
:tt.l ~ zen given defendant or counsel,
j l:lks| sesuse II II were even the nrigi,
= THE llcAle OF marriage in another
akvJP u could not be used in evi.
JbVLt, IN a criminal trial
on with lh slate, until the laws
d comp cher state are proved and
i Misaas AZ, loconfer such authority upon
ale OF the peace. Considering
diseases geellons in their reverse order
5 pecnH y, tirst, the laws oil Michigan
ntary IN y conferred upon "a justice o.
! 1 . IlS,i55 w authority to sOlemuize mar
cd, stim. mat state, and those laws
on Of ise Veen properly proved by The
"''N ase 81 the secretary of state o
itude, IR l'yi ne nth ground of objection
Wen taken. Second, ofiicia
Tato p nss AIes OF records of another state
nurnoa plGpeily authenticated undel
sV congress, are, by the term
AW, declared entitled Il
su anu credit throughout tn,
eAles as they have by law o.
lhe state of their origin
Vas not necessary In thi
SnHh NIIsy should have been flee
HI oelore trial, with notice, il
AS IN, admissible, and, therefore
MA In IN olecIion is not well taken
wv 90 established rule that ~
isapya public officer who's
'4so' 4 ~ asp the original will b
cry yen IN - eflaenoe - Under the Law
ioihsI, ian an e ~ clerk was the prope
will ) ga =, s9e original certificate Q
lice, y. tird o inu therefore, the secOnt
10 iAD Nh Sssleclons are not well taken
=. ,ed u ' certificate of marriag
LMES gs s !, = 9e registered, aud is proI
~ In the county unde
ties " s'aWi y can he authentirnte,
y ~ btS !. pnhestion of u recor,
LISP sS S' s STATE under the acts Of con
y ~ nrlJsn record which can b
nss-. i'usd when thus authepti
We ~ n e,,s aiunlssible as other docu
rea' I'll NichIehce would be. By th
IA. "a I'M gan, AS 1t was proved OF
'',g 100, .,,i,e II was required that mar
,asssaa bBtv cea'is should be recorded b.
I, slilri s5s II'eIhi and that his certifie,
$500 kout,s MIL record 'shall be receive,
!, ~ 4 Ia ~ anu places as presumptiy
:, : - ~ MI 'ue laei OF such marriage
"a 3, IN a. RUE, the certificate wa
ape "a eumissibie in avJ9a,,s., e.,