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 Oomph. 166 ; 2 Dow & C. Hou. 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. 229 • 8 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.
Exemplified or sworn copies of written laws and other public documents must, as a general thing, be produced when they can be procured ; but should they be refused by the competent ,authorities, then inferior proof may be admitted. Id.
When our own government has promul gated a foreign law or ordinance of a public nature as authentic, that is held sufficient evidence of its existence. 1 Cranch, 38 ; 1 Dail. Penn. 462g. 6 Binn. Penn. 321 ; 12 Serg. & R. Penn. 203.
When foreign laws cannot be proved by some mode which the law respects as being of equal authority to an oath, they must be verified by the sanction of an oath.
3. The usual modes of authenticating them are by an exemplification under the great seal of a state, or by a copy proved by oath to be a true copy, or by a certificate of an officer authorized by law, which must itself be duly authenticated. 2 Crancb, 238 ; 2 Wend. N. Y. 411; 6 id. 475; 5 Serg. & R. Penn. 523; 15 id. 84; 2 Wash. C. C. 175.
Foreign unwritten laws, customs, and usages may be proved, and are ordinarily proved, by parol evidence ; and when such evidence is objected to on the ground that the law in question is a written law, the party objecting must show that fact. 15 Serg. & R. Penn. 87 ; 2 La. 154.
Witnesses in Cuba examined under a com mission touching the execution of a will tes tified, in general terms, that it was executed according to the law of that country ; and, it not appearing from the testimony that there was any written law, upon the subject, the proof was held sufficient. 8 Paige, Ch. N. Y. 446.
A defendant pleaded infancy in an action upon a contract governed by the law of Jamaica: held that the law was to be proven as a matter of fact, and that the burden lay upon him to show it. 8 Johns. N. Y. 190.
4. Proof of such unwritten law is usually made by the testimony of witnesses learned in the law and competent to State it correctly under oath. 2 Cranch, 237 ; 1 Pet. C. C. 225; 2 Wash. C. C. 175; 15 Serg. & R. Penn.
; 4 Johns. Ch. N. Y. 520 ; Cowp. 174; 2 llagg. Adm. App. 15-144.
In England, certificates of persons in high authority have been allowed as evidence in such cases. 3 Hagg. Eccl. 767, 769.
The public seal of a foreign sovereign or state affixed to a writing purporting to be a written edict, or law, or judgment, is of itself the highest evidence, and no further proof is required of such public seal. 2 Crancb, 238; 2 Conn. 85 ; 1 Wash. C. C. 363 ; 4 Dall. Penn. 413, 416 ; 6 Wend. N. Y. 475 ; 9 Mod. 66. But the seal of a foreign court is not, in general, evidence without further proof, and must, therefore, be established by competent testimony. 3 Johns. N. Y. 310; 2 Harr. & J. Md. 193 ; 4 Cow. N. Y. 526, n.; 3 East, 221.
5. By the act of May 26, 1790, it is pro vided " that the acts of the legislatures of the several states shall be authenticated by having the seal of their respective states af fixed thereto." SeellEcoan; AUTHENTICATION. It may here be observed that the rules pre scribed by acts of congress do not exclude every other mode of authentication, and that the courts may admit proof of the acts of the legislatures of the several states, although not authenticated under the acts of congress. Accordingly, a printed volume, purporting on its face to contain the laws of a sister state, is admissible as prima' facie evidence to prove the statute law of that state. 4 Cranch, 384; 12 Serg. & R. Penn. 203; 6 Binn. Penn. 321; 5 Leigh, Va. 571.
The effect of foreign laws when proved is properly referable to the court: the object of the proof of foreign laws is to enable the court to instruct the jury what is, in point of law, the result from foreign laws to be ap plied to the matters in controversy before them. The court are, therefore, to decide what is the proper evidence of the laws of a foreign country ; and when evidence is given of those laws, the court are to judge of their applicability to. the matter in issue. Story, Confl. Laws, 638 ; 2 Harr. & J. Md. 193 ; 3 id. 234, 242 ; 4 Conn. 517 ; Cowp. 174.