The entries or records of all corporations and all public offices, where entries or records are made of their acts, votes and proceedings, by some officer appointed for that purpose, may be proved by a copy certified under the hand of such officer, and the seal of such corporation or office, if any; and, if any such officer knowingly makes a false certificate, he shall be subject to the penalties provided for false statement.
(1949 Rev., S. 7888; 1971, P.A. 871, S. 120.)
History: 1971 act specified that person who makes a false certificate is punishable by penalties for perjury rather than by penalties for false statement as was previously the case.
Certificate of the clerk indispensable, if it can be had. 26 C. 416. The record must be copied at length. 21 C. 112; 67 C. 459. Proceedings of municipal corporation, which should be recorded, cannot be proved by parol. 40 C. 105. Refers only to domestic entries, files or records. 73 C. 602. Applies to registrar of births, marriages and deaths. 74 C. 706; Id., 718; 98 C. 542; 99 C. 277; 103 C. 516. Stock books of corporation admissible in action against stockholder. 73 C. 379. Records of board of aldermen or city council. 64 C. 237; 81 C. 142. Docket entries of referee in bankruptcy. 69 C. 502; 75 C. 611. Abstract of tax list. 76 C. 174. Reports of selectmen of town. 72 C. 561; 121 U.S. 121. Record of town meeting. 78 C. 98. Records of deeds. 75 C. 68; 78 C. 106. Every state determines what shall constitute record in its courts. 69 C. 493. Records of foreign courts. Id.; 73 C. 588. Effect of copy. 74 C. 718. Certificate of registrar of births admissible to prove any official fact stated therein; as paternity of child. 98 C. 542. Copy of report of state chemist stating alcoholic content of liquor held admissible. 103 C. 515. Certificate of medical examiner stating that in his opinion death was suicidal is admissible to establish that fact; but jury should be cautioned that it is statement of opinion. 102 C. 486. Cited. 128 C. 279. Report of laboratory test which had been made by public agency under duty to perform such tests is competent evidence of its contents under public records exception to hearsay rule. 160 C. 1. Cited. 166 C. 439; 176 C. 131; 181 C. 454; 201 C. 1; 204 C. 507; 211 C. 555.
Cited. 25 CA 217. Certificate was properly admitted into evidence because section has no provision requiring corporate officer to state he is authorized to act in the manner in which he is acting, but merely prescribes that the act may be proved by a document under seal. 51 CA 733.
Cited. 38 CS 384; 42 CS 602.
Cited. 4 Conn. Cir. Ct. 487.
Notes of Decisions
Webster Bank v. Flanagan, 725 A.2d 975 (Conn. App. Ct. 1999).
· cites it 7× “argues that the certificate does not conform to the requirements of General Statutes § 52-165 7 and therefore is inadmissible.”
Klingeman v. MacKay, 594 A.2d 18 (Conn. App. Ct. 1991).
· cites it 6× “The plaintiff later offered the exhibit as a certified public document pursuant to General Statutes § 52-165. 4 The trial court again found a lack of foun *223 dation connecting the defendants MacKay and Marcotte to the summons.”
Town of Brookfield v. Candlewood Shores Estates, Inc., 513 A.2d 1218 (Conn. 1986).
· cites it 2× “The court absolved the tax collector of contempt and suggested to the defendant that he procure under General Statutes § 5601 (the precursor of what is now General Statutes § 52-165) certified copies of such records.”
Volck v. Muzio, 529 A.2d 177 (Conn. 1987).
· cites it 2× “See General Statutes § 52-165 (records of corporations and public officers), § 52-166 (orders and regulations of state officials), § 52-167 (corporation certificates attested by the secretary of state).”
Feuer v. Henderson, 435 A.2d 1011 (Conn. 1980).
· cites it 2× “First, the defendant *462 claims admission under General Statutes § 52-165 which provides for admission of entries or records of all corporations and all public officers, where entries or records are made of their acts, votes and proceedings, by some officer appointed for that…”
Hing Wan Wong v. Liquor Control Comm'n, 273 A.2d 709 (Conn. 1970).
· cites it 2× “General Statutes § 52-165. The report on its face purports to be a report of the laboratory division of the Connecticut state department of health.”
Marshall v. Delponte, 634 A.2d 918 (Conn. Super. Ct. 1991).
· cites it 2× “See General Statutes § 52-165 (records of corporations and public officers), § 52-166 (orders and regulations of state officials), § 52-167 (corporation certificates attested by the secretary of state).”
State v. McDaniel, 405 A.2d 68 (Conn. 1978).
“See § 52-165 of the General Statutes; State v.”
State v. Johnson, 352 A.2d 294 (Conn. 1974).
“I think that I should be given an opportunity to ask him what he did and how he did it, when he did it.”
State v. Hooper, 209 A.2d 539 (Conn. App. Ct. 1965).
“The exhibit was not offered as a business entry of the commission, pursuant to § 52-180, or as a record of a public office under § 52-165; and the contention of the state that it was admissible because of a land surveyor’s seal thereon is without merit.”
State v. Melechinsky, 448 A.2d 1349 (Conn. Super. Ct. 1982).
· cites it 2× “” Furthermore, upon our review of the record it appears that the exhibit was also admissible under General Statutes § 52-165, which provides that the records of all public offices may be proved by a duly certified copy, as well as under § 52-180, the business entries exception…”
State v. Tenay, 156 Conn. App. 792 (Conn. App. Ct. 2014).
· cites it 2× “Further, General Statutes § 52-165 provides in relevant part that ‘‘[t]he entries or records of all corporations and all public offices, where entries or records are made of their acts, votes and proceedings, by some officer appointed for that purpose, may be proved by a copy…”
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