Page:United States Statutes at Large Volume 76A.djvu/495

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–399–

-399SUBCHAPTER III

PUBLIC WRITINGS

Sec.

3121. 3122. 3123. 3124. 3125. 3126. 3127. 3128. 3129. 3130. 3131. 3132. 3133.

Classification of public writings. Written laws defined. Public and private statutes defined. Unwritten law defined. Public writing of state or country. Recitals in statutes as evidence. Judicial record defined. Authentication of judicial record. Judicial record of foreign country. Same; compared copy. Proof of official documents. Public record of private writing. Officer's deed as evidence of transfer. SUBCHAPTER IV

3161. 3162. 3163. 3164. 3165. 3166.

Private writings classified; seals. Execution of instrument defined. Compromise of debt without seal. Subscribing witness defined. Writings called for and inspected may be withheld. Proof of private writings. SUBCHAPTER V

3191. 3192. 3193. 3194. 3195. 3196. 3197. 3198. 3199. 3200.

PRIVATE WRITINGS

EFFECT OF JUDGMENTS

Effect of judgments generally. Effect of other judicial orders. Parties; when deemed to be the same. Matters deemed adjudged in judgment. Principal bound when surety bound. Judicial record of a State; enforcement; personal representatives. Record of foreign admiralty court. Effect of foreign judgment. Impeachment of judicial record. Jurisdiction necessary to sustain judgment. SUBCHAPTER VI

PRESUMPTIONS

3221. Conclusive presumptions. 3222. Disputable presumptions. SUBCHAPTER VII—PARTICUI,AK CASES; STATtTTE OF FRAUDS

3251. 3252. 3253. 3254. 32.55. 3256. 3257. 3258.

Offer equivalent to tender. Right to receipt for payment or delivery. Objections to tender must be specified. Compromise offer. Statute of frauds; transfer of real property. Same; wills, trusts, and specific performance. Same; contracts. Same; representation of credit.

Subchapter I—General Provisions § 3051. Degree of certainty required to establish facts The law does not require demonstration; that is, such a degree of proof as, excluding possibility of error, produces absolute certainty; because such proof is rarely possible. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind. § 3052. Number of witnesses to prove fact Except as otherwise provided by law, the direct evidence of one witness who is entitled to full credit is sufficient for the proof of any fact.