FOREIGN JUDGMENT. The judg ment of a foreign tribunal.
2. The various states of the United States are in this respect considered as foreign to each other. In Louisiana it has been de cided that a judgment rendered by a Spanish tribunal under the former government of that state is not a foreign judgment. 4 Mart. La. 301, 310.
Such judgments may be evidenced by ex emplcations certified under the great seal of the state or country where the judgment is recorded, or under the seal of the court where the judgment remains, Gilbert, Ey. 26 ; 1 Greenleaf, Ev. 501; by a proved to be a true copy, or by the certificate of an officer authorized by law, which certificate must itself be properly authenticated. 2 Cranch, 238 ; 5 id. 335; 2 Caines, N. Y. 155 ; 7 Johns. N. Y. 514 ; 8 Mass. 273. The acts of foreign tribunals which are recognized by the law of nations, such as courts of ad miralty and the Bic, are sufficiently authenti cated by copies under seal of the tribunal. 5 Cranch, 335; 3 Conn. 171.
3. With regard to judgments in courts of sister states of the United States, it is enacted by the act of May 23, 1790, that the records and judicial proceedings of the courts of any state shall be proved or admitted in any other court within the United States, by the attestation of the clerk and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form. And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage iu the courts of the state from whence the said records are or shall be taken ; and by the act of March 27, 1804, that from and after the passage of this act all records and exemplifications of office books, which are or may be kept in any public office of any state, not appertaining to a court, shall be proved or admitted in any other court or office in any other state, by the attestation of the keeper of the said records or books, and the seal of his office thereto annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county or district, as the case may be, in which such office is or may be kept, or of the governor, the secretary of state, the chancellor or the keeper of the great seal of the state, that the said attestation is in due form and by the proper officer ; and the said certificate, if given by the presiding justice of a court, shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or if the said certificate be given by the governor, the secretary of state, the chan cellor, or keeper of the great seal, it shall be under the great seal of the state in which the said certificate is made. And the said re
cords and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken; and the provisions of both acts shall extend to the records, etc. of the territories.
As to the effect to be given to foreign judg ments, see CONFLICT OF LAWS ; Con flict of Laws ; Dalloz, Etranger. FOREIGN LAWS. The laws of a foreign country.
2. The courts do not judicially take notice of foreign laws; and they must, therefore, be proved as facts. Cowp. 144; 3 Esp. Cas.163; 3 Campb. 166 ' • 2 Dow & C. Hon. L. 171 ; 1 Cranch, 38 ; 2 id: 187, 236, 237 ; 6 id. 274 ; 2. Harr. & J. Md. 193 ; 3 Gill & J. Md. 234 ; 4 Conn. 517 ; 4 Cow. N. Y. 515, 516, note ; 1 Pet. C. C. 2298 Mass. 99 ; 1 Paige, Ch. N. Y. 220 ; 10 Watts, Penn. 158. The man ner of proof varies according to circum stances. As a general rule, the best testi mony or proof is required; for no proof will be received which presupposes better testi mony attainable by the party who offers it. When the best testimony cannot be obtained, secondary evidence will be received. 2 Cranch, 237.