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When privileged persons

must testify.

Judge or a juror may

testified were made to him as counsel or by the defendant, whilst under examination as a witness in his own behalf, the Court should have excluded the testimony of its own motion, communication from attorney to client touching the subject matter under investigation being privileged.-People vs. Atkinson, 40 Cal., p. 285.

1882. If a person offer himself as a witness, that is to be deemed a consent to the examination, also, of a wife, husband, attorney, clergyman, physician, or surgeon on the same subject, within the meaning of the first four subdivisions of the last section.

1883. (§ 400.) The Judge himself, or any juror," be witness. may be called as a witness by either party; but in such case it is in the discretion of the Court or Judge to order the trial to be postponed or suspended, and to take place before another Judge or jury.

When an interpreter

1884. (§ 401.) When a witness does not underto be sworn stand and speak the English language, an interpreter must be sworn to interpret for him. Any person, a resident of the proper county, may be summoned by any Court or Judge to appear before such Court or Judge to act as interpreter in any action or proceeding. The summons must be served and returned in like manner as a subpoena. Any person so summoned who fails to attend at the time and place named in the summons, is guilty of a contempt.

CHAPTER III.

WRITINGS.

ARTICLE I. WRITINGS IN GENERAL.

II. PUBLIC WRITINGS.

III. PRIVATE WRITINGS.

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1. The written acts or records of the acts of the Public writings sovereign authority, of official bodies and tribunals, defined. and of public officers, legislative, judicial, and executive, whether of this State, of the United States, of a sister State, or of a foreign country;

2. Public records, kept in this State, of private writings.

1889. All other writings are private.

All others private.

ARTICLE II.

PUBLIC WRITINGS.

SECTION 1892. Every citizen entitled to inspect and copy public

writings.

1893. Public officers bound to give copies.

1894. Four kinds of public writings.

1895. Laws, written or unwritten.

1896. Written laws defined.

1897. Constitution and statutes.

1898. Public and private statutes defined.

1899. Unwritten law defined.

1900. Books containing laws presumed to be correct.

1901. Public seal authenticates a law or document.

1902. Other evidence of laws of other States.

1903. Recitals in statutes, how far evidence.

1904. Judicial record defined.

1905. Record, how authenticated as evidence.

1906. Record of a foreign country, how authenticated.

52-VOL. II.

Every citizen

entitled to

inspect and writings.

copy public

Public

officers

give copies.

SECTION 1907. Oral evidence of a foreign record.

1908. Effect of a judgment upon rights in various cases.
1909. Effect of other judicial orders, when conclusive.
1910. Where parties are to be deemed the same.
1911. What deemed adjudged in a judgment.
1912. Where sureties bound, principal is also.

1913. Record of another State, its effect.
1914. Record of a Court of admiralty.
1915. Effect of a foreign judgment.
1916. Manner of impeaching a record.
1917. The jurisdiction necessary in a judgment.
1918. Manner of proving other official documents.
1919. Public record of private writing evidence.
1920. Entries in official books primary evidence.
1921. Justice's judgment in other States, how proved.
1922. Same.

1923. Contents of other official certificates.

1924. Provisions in relation to States apply to Territories. 1925. Certificates of purchase primary evidence of ownership. 1926. Entries made by officers or Boards primary evidence.

1892. Every citizen has a right to inspect and take a copy of any public writing of this State, except as otherwise expressly provided by statute.

of

1893. Every public officer having the custody of bound to a public writing, which a citizen has a right to inspect, is bound to give him, ou demand, a certified copy it, on payment of the legal fees therefor, and such copy is primary as evidence of the original writing.

Four kinds of public writings.

Laws, written or

1894. Public writings are divided into four classes: 1. Laws;

2. Judicial records;

3. Other official documents;

4. l'ublic records, kept in this State, of private writings.

1895. Laws, whether organic or ordinary,

unwritten. written or unwritten.

Written laws

defined.

are either

1896. A written law is that which is promulgated in writing, and of which a record is in existence.

tion and

1897. The organic law is the Constitution of Gov- Constituernment, and is altogether written. Other written statutes. laws are denominated statutes. The written law of this State is therefore contained in its Constitution and statutes, and in the Constitution and statutes of the United States.

private

statutes deûned.

1898. Statutes are public or private. A private Public and statute is one which concerns only certain designated individuals, and affects only their private rights. All other statutes are public, in which are included statutes creating or affecting corporations.

NOTE.-The words "public" and "private," in their application to roads, are discussed in Sherman vs. Buick, 32 Cal., p. 241.

law defined

1899. Unwritten law is the law not promulgated Unwritten and recorded, as mentioned in Section 1896, but which is, nevertheless, observed and administered in the Courts of the country. It has no certain repository, but is collected from the reports of the decisions of the Courts, and the treatises of learned men.

containing

presumed

correct.

1900. (§ 453.) Books printed or published un- Books der the authority of a sister State or foreign country, laws and purporting to contain the statutes, code, or other written law of such State or country, or proved to be commonly admitted in the tribunals of such State or country as evidence of the written law thereof, are admissible in this State as evidence of such law.

1901. The public seal of the State or country, affixed to a copy of the written law or other public writing, is also admissible as evidence of such law or writing.

Public seal cates a

authenti

law or

document.

evidence

of other

1902. The oral testimony of witnesses skilled Other therein is admissible as evidence of the unwritten law of law. of a sister State or foreign country, as are also printed and published books of reports of decisions of the

States.

Recitals
in statutes,
how far
evidence.

Judicial record delined.

Record, how au

as evidence

Courts of such State or country, or proved to be commonly admitted in such Courts.

1903. 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.

1904. 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.

1905. (§§ 449, 450.) A judicial record of this thenticated State, 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 the legal custody thereof. That of a sister State may be proved by the attestation of the Clerk and the seal of the Court annexed, if there be a Clerk and seal, together with a certificate of the Chief Judge or presiding magistrate, that the attestation is in due form.

Record of

a foreign country, how

authen

ticated.

NOTE.-Thompson vs. Manrow, 1 Cal., p. 428; Parke vs. Williams, 7 Cal., p. 247; Kane vs. Cook, 8 Cal., p. 449; Low vs. Burrows, 12 Cal., 181; Young vs. Emerson, 18 Cal., p. 417; Donner vs. Palmer, 31 Cal., p. 500. Where defendant pleaded his discharge in insolvency, it was held, that in support of his plea he can offer in evidence certified copies of the decree and of each of the papers composing the record of the insolvent proceedings separately, and these papers need not all be attached together and the whole certified as one record.-Goldstone vs. Davidson, 18 Cal., p. 41. Attachment papers admissible.-See Dexter vs. Paugh, 18 Cal., p. 372.

1906. (§ 451.) (§ 451.) 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 be a Clerk and seal, or of the legal keeper of the record, with the seal of his office annexed, if there be a seal, together

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