missioner, thus authenticated, is presumptive evidence that the copy of the patent, record or document is certified according to the form in use in the foreign country. TITLE V. Miscellaneous provisions. 957. Form of certificates to copies, etc. stamped; but private seal not. § 961. Surrogates, clerks, etc., to search files, and to certify, etc. 962. Saving clause. § 957. Where a transcript, exemplification, or certified copy of a record or other paper, is declared by law to be evidence, and special provision is not made for the form of the certificate, in the particular case, the person, authorized to certify, must state, in his certificate, that it has been compared by him with the original, and that it is a correct transcript therefrom, and of the whole of the original. § 958. If the officer, or the court, body, or board, in whose custody an original paper, specified in the last section, is required to be, by the laws of the State, or of another State, or of the United States, or of a Territory thereof, or of a foreign country, has, pursuant to those laws, an official seal, the certificate must be attested by that seal. If the certificate is made by the clerk of a county, within the State, it must be attested by the seal of the county. § 959. [am'd 1877.] The last section does not require the seal of a court to be affixed to a certified copy of an order, or of a paper filed therein, or entry made, where the copy is used in the same court, or before an officer thereof; or, in the supreme court, where it is used in a circuit court, or a court of oyer and terminer. § 960. [am'd 1877.] Where a seal of a public officer or of a corpora tion is authorized or required by law, it may be impressed directly on the paper. § 961. A surrogate, county clerk, register, clerk of a court, or other per son, having the custody of the records or other papers in a public office, within the State, must, upon request, and upon payment of, or offer to pay, the fees allowed by law, or, if no fees are expressly allowed by law, fees at the rate allowed to a county clerk for a similar service, diligently search the files, papers, records, and dockets in his office; and either make one or more transcripts therefrom, and certify to the correctness thereof, and to the search, or certify that a document or paper, of which the custody legally belongs to him, cannot be found. If he refuses, or unreasonably neglects or delays, to make such a search, or to furnish such a transcript or certifi cate, or makes a false certificate, he is guilty of a misdemeanor. § 962. Nothing in title fourth of this chapter prevents the proof of a fact, act, record, proceeding, document, or other paper or writing, accord ing to the rules of the common law, or by any other competent proof. CHAPTER X. TRIALS; INCLUDING JURORS AND JURIES. TITLE I-TRIALS GENERALLY; INCLUDING EXCEPTIONS AND MOTION FOR A NEW TRIAL. TITLE II.-TRIALS WITHOUT A JURY. TITLE III.—TRIAL JURORS, EXCEPT IN NEW YORK AND KINGS COUNTIES; MODE OF SELECTING THEM, AND OF PROCURING THEIR ATTENDANCE. TITLE IV.-TRIAL JURORS IN NEW YORK AND KINGS COUNTIES; MODE OF SELECTING THEM, AND OF PROCURING THEIR ATTENDANCE. TITLE V.-TRIAL BY JURY. TITLE VI.-MISCELLANEOUS PROVISIONS; INCLUDING THOSE RELATING TO EMBRACERY AND OTHER ACTS OF MISCONDUCT. TITLE I. Trials generally; including exceptions and motion for a new trial. ARTICLE 1. Issues, and the mode of trial thereof. ISSUES, AND THE MODE OF TRIAL THEREOF. 963. Issues defined, different kinds of issues. 964. When issues of law arise; when issues of fact arise. 965. Issues to be judicially examined by a trial. 966. Order of trial, where issues of law and of fact arise in the same action. 967. But court may direct the order, etc., of disposition of the issues. 968. What issues of fact are triable by a jury. 969. What issues are triable by the court. 970. Order for trial by jury, of spe cific questions of fact, when of right. 971. Id.; when discretionary. 963. The issues, treated of in this presented by the pleadings. An issue of law, is maintained by one party, and are of two kinds : 1. Of law; and 2. Of fact. § 972. Trial of the remainder of the issues. 973. [Repealed 1877.] 974. Counterclaim to be deemed an action, within the foregoing sections. 975. Immaterial issues need not be 976. What issues to be tried before 979. Id.; when a jury does not attend. 981. What papers to be furnished on trial, and by whom. chapter, are those only which are arises where a fact, or a conclusion controverted by the other. Issues 964. An issue of law arises only upon a demurrer. An issue of fact arises, in either of the following cases: 1. Upon a denial, contained in the answer, of a material allegation of the complaint, or upon an allegation, contained in the answer, that the defendant has not sufficient knowledge or information to form a belief, with respect to a material allegation of the complaint. 2. Upon a similar denial or allegation, contained in the reply, with respect to a material allegation of the answer. 3. Upon a material allegation of new matter, contained in the answer, not requiring a reply; unless an issue of law is joined thereupon. 4. Upon a material allegation of new matter, contained in the reply; unless an issue of law is joined thereupon. § 965. [am'd 1879.] An issue, either of law or of fact, must be tried as prescribed in this chapter, unless it is disposed of as prescribed in chapter sixth of this act. L. 1879, c. 542. § 966. [am'd 1877.] Where an issue of law and an issue of fact arise in one action, the issue of law must be first disposed of, except as other wise prescribed in the next section. § 967. [am'd 1877.] A separate trial, between the plaintiff and one or more defendants, of some or all of the issues of fact, or one trial of some or all of the issues of law, or a change in the order of disposition of the issues, may be directed by the court, in its discretion. Such a direction may be given, in an order, made upon notice; or, except where an applica tion for such an order has been denied, it may be given, by the judge hold ing the term, where those issues are regularly upon the calendar for trial, either with or without the entry of an order. § 968. [am'd 1877.] In each of the following actions, an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is directed: 1. An action, in which the complaint demands judgment for a sum of money only. 2. An action of ejectment; for dower; for waste; for a nuisance; or to recover a chattel. 969. An issue of law, in any action, and an issue of fact in an action not specified in the last section, or wherein provision for a trial by a jury is not expressly made by law, must be tried by the court, unless a reference or a jury trial is directed. § 970. [am'd 1877.] Where a party is entitled, by the Constitution, or by express provision of law, to a trial, by a jury, of one or more issues of fact, in an action not specified in section nine hundred and sixty-eight of this act, he may apply upon notice to the court for an order, directing all the questions, arising upon those issues, to be distinctly and plainly stated for trial accordingly. Upon the hearing of the application, the court must cause the issues, to the trial of which, by a jury, the party is entitled, to be distinctly and plainly stated. The subsequent proceedings are the same, as where questions, arising upon the issues, are stated for trial by a jury, in a case where neither party can, as of right, require such a trial; except that the finding of the jury, upon each question so stated, is conclusive in the action, unless the verdict is set aside, or a new trial is granted. § 971. [am'd 1877.] In an action, where a party is not entitled, as of right, to a trial by a jury, the court may, in its discretion, upon the appli cation of either party, or without application, direct that one or more ques tions of fact, arising upon the issues, be tried by a jury, and may cause those questions to be distinctly and plainly stated for trial accordingly. 972. [am'd 1877.] If the questions, directed to be tried by a jury, as prescribed in the last two sections, do not embrace all the issues of fact in the action, the remaining issues of fact must be tried by the court, or by a referee. § 973. [Repealed 1877.] $974. [am'd 1877.] Where the defendant interposes a counterclaim, and thereupon demands an affirmative judgment against the plaintiff, the mode of trial of an issue of fact, arising thereupon, is the same, as if it arose in an action, brought by the defendant, against the plaintiff, for the cause of action stated in the counterclaim, and demanding the same judg ment. § 975. An issue, the disposition of which is not necessary to enable the court to render the appropriate judgment, is not required to be tried. § 976. An issue of law, or an issue of fact, triable by a jury or by the court, must be tried at a term held by one judge only, except as otherwise prescribed in section two hundred ninety-seven of this act. In the supreme court, an issue of fact, triable by a jury, must be tried in the circuit court; and an issue of fact, triable by the court, or an issue of law, may be tried in the circuit court, or at a special term of the supreme court, as prescribed in the general rules of practice. $977 [am'd 1877 & 1882.] At any time after the joinder of issue, and at least fourteen days before the commencement of the term, either party may serve a notice of trial. The party serving the notice must file with the clerk a note of issue, stating the title of the action; the names of the attorneys; the time when the last pleading was served; the nature of the issue, whether of fact or of law; and, if an issue of fact, whether it is triable by a jury, or by the court, without a jury. The note of issue must be filed, at least twelve days before the commencement of the term. The clerk must thereupon enter the cause upon the calendar, according to the date of the issue. The clerk must prepare the calendar and have the necessary copies ready for distribution at least five days before the commencement of the term. In the city and county of New York, and in the county of Kings, where a party has served a notice of trial, and filed a note of issue, for a term, at which the cause is not tried, it is not necessary for him to serve a new notice of trial, or file a new note of issue for a succeeding term; and the action must remain on the calendar until it is disposed of. $978. [am'd 1877.] The issues on the calendar must be arranged by the clerk, in the following order: 1. Issues of fact. 2. Issues of law. Where a jury is in attendance, the issues must be disposed of in the same order; unless, for the convenience of parties, or the dispatch of business, the judge holding the term otherwise directs. § 979. Where a jury is not in attendance, issues of law have a preference over issues of fact; unless the judge holding the term otherwise directs. $980. [am'd 1877.] Either party, who has served the notice, may bring the issue to trial; and, in the absence of the adverse party, unless the judge holding the term, for good cause, otherwise directs, may proceed with the cause, and take a dismissal of the complaint, or a verdict, decision, or judgment, as the case requires. An inquest, for want of an affidavit of merits, cannot he taken where the answer is verified. $981. Where the issue is brought to trial by the plaintiff, he must furnish the court with copies of the summons and pleadings, and of the offer, any has been made. Where the issue is brought to trial by the defend. if 172 ant, and the plaintiff does not furnish those papers, they must be furnished by the defendant. ARTICLE SECOND. THE PLACE OF TRIAL. 982. Certain actions to be tried, where the subject thereof is situated. 983. Other actions, where the cause thereof arose. 984. Other actions, according to the residence of the parties. 985. Place of trial, if proper county not designated. 986. Defendant may demand change; proceedings thereupon. 987. When court may change the place of trial. 988. Effect of changing the place of trial. 989. Effect of order changing place of 990. Issues of law, where triable. § 982. Each of the following actions must be tried in the county, in which the subject of the action, or some part thereof, is situated: an action of ejectment; for the partition of real property; for dower; to foreclose a mortgage upon real property, or upon a chattel real; to compel the determination of a claim to real property; for waste; for a nuisance; or to procure a judgment, directing a conveyance of real property; and every other action to recover, or to procure a judgment, establishing, determining, defining, forfeiting, annulling, or otherwise affecting, an estate, right, title, lien, or other interest, in real property, or a chattel real. But where all the real property, to which the action relates, is situated without the State, the action must be tried, as prescribed in section nine hundred and eighty-four of this act. 983. [am'd 1877.] An action for either of the following causes, must be tried in the county, where the cause of action, or some part thereof, arose: 1. To recover a penalty or forfeiture, imposed by statute, except that, where the offence, for which it is imposed, was committed on a lake, river, or other stream of water, situated in two or more counties, the action may be tried in any county bordering on the lake, river, or stream, and opposite to the place where the offence was committed. 2. Against a public officer, or a person specially appointed to execute his duties, for an act done, in virtue of his office, or for an omission to perform a duty, incident to his office; or against a person, who by the command or in the aid of a public officer, has done anything touching his duties. . 3. To recover a chattel distrained, or damages for distraining a chattel. 984. An action, not specified in the last two sections, must be tried in the county, in which one of the parties resided, at the commencement thereof. If neither of the parties then resided in the State, it may be tried in any county, which the plaintiff designates, for that purpose, in the title of the complaint. 985. If the county, designated in the complaint, as the place of trial, is not the proper county, the action may notwithstanding be tried therein; unless the place of trial is changed to the proper county, upon the demand of the defendant, followed by the consent of the plaintiff, or the order of the court. § 986. Where the defendant demands that the action be tried in the proper county, his attorney must serve upon the plaintiff's attorney, with the answer, or before service of the answer, a written demand accordingly. The demand must specify the county, where the defendant requires the action to be tried. If the plaintiff's attorney does not serve his written con |