Levitt v Levitt
| Jurisdiction | England & Wales |
| Judgment Date | 01 June 1865 |
| Date | 01 June 1865 |
| Court | High Court of Chancery |
English Reports Citation: 71 E.R. 606
HIGH COURT OF CHANCERY.
Practice. Deposition. Form of Attestation.
[626] levitt v. levitt. June 1, 1865. Practice. Deposition. Form of Attestation. Depositions taken in a foreign country may be filed in this Court, if taken before persons duly authorised by the law of the country to administer oaths and take similar depositions in the Courts there. In the case of a deposition taken in the United States of America, a certificate by the 2H. &M.627. RENARD V. LEVINSTEIN 607 Clerk of the Supreme Court, sealed with the seal of the Court, is sufficient evidence that such a deposition has been taken before a proper officer. This was an application for an order that certain depositions should be received and filed. The depositions had been taken in the City of New York, before one Mr. M. S. Myers, a " Commissioner of Deeds " there, and were signed and authenticated by him in the usual manner. The signatures of Mr. Myers were in their turn authenticated by the following certificate which bore, besides Mr. Genet's signature, the seal of the Supreme Court of New York. " I, Henry W. Genet, Clerk of the City and County of New York, and also Clerk of the Supreme Court for the said city and county, being a Court of Record, do hereby certify that M. S. Myers,(l) before whom the annexed depositions were taken, was at the time of taking the same, a Commissioner of Deeds of New York, dwelling in said city and county, duly appointed and sworn and authorised to administer oaths to be used in any Court in said State, and for general purposes, and that his signatures thereto are all genuine, as I verily believe. In testimony whereof I have hereunto set my hand, and affixed the seal of the said Court and County, the 17th clay of November 1864. "H. W. Genet, Clerk." [627] And this certificate was attached to the depositions by the seal of the city...
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