foreign laws
1 definition found
foreign laws - Bouvier's Law Dictionary, Revised 6th Ed (1856) :
FOREIGN LAWS, evidence. The laws of a foreign country. They will be
considered with regard to, 1. The manner in which they are to be proved. 2.
Their effect when proved.
2. - 1. The courts do not judicially take notice of foreign laws, and
they must therefore be proved as facts. Cowp. 144; 3 Esp. C. 163 3 Campb. R.
166; 2 Dow & Clark's R. 171; 1 Cranch, 38; 2 Cranch, 187, 236, 237; 6
Cranch, 274; 2 Harr. & John. R. 193; 3 Gill & John. R. 234; 4 Conn. R. 517;
4 Cowen, R. 515, 516, note; Pet. C. C. R. 229; 8 Mass. R. 99; 1 Paige's R.
220 10 Watts, R. 158. The manner of proof varies according to circumstances.
As a general rule the best testimony or proof is required, for no proof will
be received which pre-supposes better testimony attainable by the party who
offers it. When the best testimony cannot be obtained, secondary evidence
will be received. 2 Cranch, 237.
3. Authenticated copies of written laws and other public documents must
be produced when they can be procured but should they be refused by the
competent authorities, then inferior proof may be admissible. Id.
4. When our own government has promulgated a foreign law or ordinance
of a public nature as authentic, that is held sufficient evidence of its
existence. 1 Cranch, 38 1 Dall. 462; 6 Binn. 321 12 Serg. & Rawle, 203.
5. 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.
6. 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 Cranch, 238; 2 Wend. 411; 6 Wend. 475; 5
Serg. &. Rawle, 523; 15 Serg. & Rawle, 84: 2 Wash. C. C. R. 175.
7. 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. 87; 2 L. R. 154. 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. R.
225; 2 Wash. C. C. R. 175; 15 Serg. & R. 84; 4 John. Ch. R. 520; Cowp. 174;
2 Hagg. R. App. 15 to 144.
8. In England certificates of persons in high authority have been
allowed as evidence in such cases. 3 Hagg. Eccl. R. 767, 769.
9. 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
Cranch, 238; 2 Conn. R. 85; 1 Wash. C. C. R. 363; 4 Dall. 413, 416; 6 Wend.
475; 9 Mod. 66.
10. But the seal of a foreign court is not, in general, evidence,
without further proof, and it must therefore be established by competent
testimony. 3 John. R. 310; 2 Harr. & John. 193; 4 Cowen, 526, n.; 3 East,
221.
11. As courts of admiralty are courts under the laws of nations, their
seals will be admitted as evidence without further proofs. 5 Cranch, 335; 3
Conn. 171. This is an exception to the general rule.
12. The mode of authenticating the laws and records of the several
states of the American Union, is peculiar, and will be found under the
article Authentication. It may hereby be observed that the rules prescribed
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 S. & R. 203; 6 Binn, 321; 5
Leigh, 571.
13. - 2. The effect of such 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 applied 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, Cont. of L.
Sec. 638 2 Harr. & John. 193. 219; 4 Conn. R. 517; 3 Harr. & John. 234, 242;
Cowp. 174. Vide Opinion.
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