Copies of all documents, writs, proceedings, instruments, papers, and writings duly filed or deposited in the office of any county judge, county clerk and recorder, or county treasurer, and transcripts from books of record or proceedings kept by any of said officers, with the seal of his office affixed, shall be prima facie evidence in all cases.
Source: G.L. § 559. G.S. § 659. R.S. 08: § 1357. C.L. § 8834. CSA: C. 45, § 181. CRS 53: § 35-1-3. C.R.S. 1963: § 35-1-3.
ANNOTATION
Purpose. The plain purpose and effect of this section was to make copies of the writings there specified prima facie evidence of the contents of the original writings, to do nothing more and nothing less. Bd. of Comm'rs v. Keene Five-Cents Sav. Bank, 108 F. 505 (8th Cir. 1901).
The object of this section certainly was not to make mere copies competent, relevant, or material evidence of facts of which the original writings were not evidence. Bd. of Comm'rs v. Keene Five-Cents Sav. Bank, 108 F. 505 (8th Cir. 1901).
Objection not tenable. If the county court permits one of the books of its office to be taken into another court as evidence, the objection that the original, and not a certified copy, is produced is not tenable. McAllister v. People ex rel. Brisbane, 28 Colo. 156, 63 P. 308 (1900).