purport to be scaled or impressed with a Stamp, or sealed and signed, or signed alone, as required, or impressed with a Stamp and signed, as directed by the respective Acts made or to be hereafter made, without any Proof of the Seal or Stamp, where a Seal or Stamp is necessary, or of the Signature or of the official Character of the Person appearing to have signed the same, and without any further Proof thereof in every Case in which the original Record could have been re ceived in Evidence. to take judi Equity or 2...All Courts, Judges, Justices, Masters in Chancery, Mas- Courts, &c., ters of Courts, Commissioners judicially acting, and other cial Notice of judicial Officers, shall henceforth take judicial Notice of the Signature of Signature of any of the Equity or Common Law Judges of the Common Superior Courts at Westminster, provided such Signature be Law Judges, attached or appended to any Decree, Order, Certificate, or other judicial or official Document. &c. printed by Journals of 3...All Copies of Private and Local and Personal Acts of Private Acts Parliament not Public Acts, if purporting to be printed by Queen's the Queen's Printers, and all Copies of the Journals of either Printer, House of Parliament, and of Royal Proclamations, purporting Parliament, to be printed by the Printers to the Crown or by the Printers and Procla to either House of Parliament, or by any or either of them, admissible as shall be admitted as Evidence thereof by all Courts, Judges, Justices, and others, without any Proof being given that such Copies were so printed. mations, Evidence. Forging Seal, Documents; 4. Provided always, and be it enacted, That if any Person Offences: shall forge the Seal, Stamp, or Signature of any such Certi- Stamp, or ficate, official or public Document, or Document or Proceeding Signature of of any Corporation or Joint Stock or other Company, or of any certified Copy of any Document, Bye Law, Entry in any Register or other Book, or other Proceeding as aforesaid; or or tendering shall tender in Evidence any such Certificate, official or pub- same; lic Document, or Document or Proceeding of any Corporation or Joint Stock or other Company, or any certified Copy of any Document, Bye Law, Entry in any Register or other Book, or of any other Proceeding, with a false or counterfeit Seal, Stamp, or Signature thereto, knowing the same to be false or counterfeit, whether such Seal, Stamp, or Signature be those of or relating to any Corporation or Company already established, or to any Corporation or Company to be hereafter established; or if any Person shall forge the Signature of Forging Sig nature of Judge; or tendering same; Printing Acts, or Journals, with false purport; or tendering same; Felony : any such Judge as aforesaid to any Order, Decree, Certificate, or other judicial or official Document, or shall tender in Evidence any Order, Decree, Certificate, or other judicial or official Document with a false or counterfeit Signature of any such Judge as aforesaid thereto, knowing the same to be false or counterfeit; or if any Person shall print any Copy of any Private Act or of the Journals of either House of Parliament, which Copy shall falsely purport to have been printed by the Printers to the Crown, or by the Printers to either House of Parliament, or by any or either of them, or if any Person shall tender in Evidence any such Copy, knowing that the same was not printed by the Person or Persons by whom it so purports to have been printed,-every such Person shall be guilty of Felony, and shall upon Conviction be liable to TransPunishment. portation for Seven Years, or to Imprisonment for any Term not more than Three nor less than One Year, with hard Documents Labour: Provided also, that whenever any such Document as impounded. before mentioned shall have been received in Evidence by virtue of this Act, the Court, Judge, Commissioner, or other Person officiating judicially who shall have admitted the same, shall, on the Request of any Party against whom the same is so received, be authorized, at its or at his own Discretion, to direct that the same shall be impounded, and be kept in the Custody of some Officer of the Court or other proper Person, until further Order touching the same shall be given, either by such Court, or the Court to which such Master or other Officer belonged, or by the Persons or Person who constituted such Court, or by some One of the Equity or Common Law Judges of the Superior Courts at Westminster on Application being made for that Purpose". may be Scotland Commence 5... This Act shall not extend to Scotland". 6... This Act may be repealed, altered, or amended during this present Session of Parliament. 7...This Act shall take effect from the First Day of Novem ment of Act. ber next after the passing thereof. See further, in 14 & 15 Vic. c. 99, § 17, as to procedure against principal and accessories offending against this or that act (post, p. 331.) b See 14 & 15 Vic. c. 99, § 9, 10, relating to Ireland (p. 329.) XXVI. EVIDENCE. 14 & 15 VICT., CAP. 99. An Act to amend the Law of Evidence. EXTRACTS. [7th August, 1851.] Law Courts Equity "6. Whenever any Action or other legal Proceeding shall Common henceforth be pending in any of the Superior Courts of Com- authorized mon Law at Westminster or Dublin, or the Court of Common to compel Inspection of Pleas for the County Palatine of Lancaster, or the Court of Documents Pleas for the County of Durham, such Court and each of the whenever Judges thereof may respectively, on Application made for would grant such Purpose by either of the Litigants, compel the opposite Discovery. Party to allow the Party making the Application to inspect all Documents in the Custody or under the Control of such opposite Party relating to such Action or other legal Proceeding, and, if necessary, to take examined Copies of the same or to procure the same to be duly stamped, in all Cases in which previous to the passing of this Act a Discovery might have been obtained by filing a Bill or by any other Proceeding in a Court of Equity at the Instance of the Party so making Application as aforesaid to the said Court or Judge." admissible Proof of or Wales, equally ad "9. Every Document which by any Law now in force or Documents hereafter to be in force is or shall be admissible in Evidence which are of any Particular in any Court of Justice in England or Wales without without Proof of the Seal or Stamp or Signature authenticating Seal, &c. the same, or of the judicial or official Character of the l'erson in England appearing to have signed the same, shall be admitted in Evidence to the same Extent and for the same Purposes in any missible in Court of Justice in Ireland, or before any Person having in Ireland by Law or by Consent of Parties Authority to hear, receive, and examine Evidence, without Proof of the Seal or Stamp or Signature authenticating the same, or of the judicial or official Character of the Person appearing to have signed the same. Ireland. 10. Every Document which by any Law now in force or Documents hereafter to be in force is or shall be admissible in Evidence admissible a8 & 9 Vic. c. 113, § 1, and note, p. 326. without Proof of Seal, &c. in Ireland equally admissible in England and Wales. Documents Proof of of any Particular in any Court of Justice in Ireland without Proof of the Seal or Stamp or Signature authenticating the same, or of the judicial or official Character of the Person appearing to have signed the same, shall be admitted in Evidence to the same Extent and for the same Purposes in any Court of Justice in England or Wales, or before any Person having in England or Wales by Law or by Consent of Parties Authority to hear, receive, and examine Evidence, without Proof of the Seal or Stamp or Signature authenticating the same, or of the judicial or official Character of the Person appearing to have signed the same. "11. Every Document which by any Law now in force or hereafter to be in force is or shall be admissible in Evidence of any Particular in any Court of Justice in England or Wales in England, or Ireland without Proof of the Seal or Stamp or Signature authenticating the same, or of the judicial or official Character of the Person appearing to have signed the same, shall be admitted in Evidence to the same Extent and for the same Pur Wales, or Ireland equally admissible in the Colonies. Examined or certified Copies or Extracts of public Documents admissible in Evidence, where original admissible: poses in any Court of Justice of any of the British Colonies, or before any Person having in any of such Colonies by Law or by Consent of Parties Authority to hear, receive, and examine Evidence, without Proof of the Seal or Stamp or Signature authenticating the same, or of the judicial or official Character of the Person appearing to have signed the same.” "14. Whenever any Book or other Document is of such a public Nature as to be admissible in Evidence on its mere Production from the Proper Custody, and no Statute exists which renders its Contents provable by means of a Copy, any Copy thereof or Extract therefrom shall be admissible in Evidence in any Court of Justice, or before any Person now or hereafter having by Law or by Consent of Parties Authority to hear, receive, and examine Evidence, provided it be proved to be an examined Copy or Extract, or provided it purport to be signed and certified as a true Copy or Extract by the Officer to whose Custody the Original is intrusted; and which Officer is hereby required to furnish such certified Copy or copies to be Extract to any Person applying at a reasonable Time for the same, upon Payment of a reasonable Sum for the same, not exceeding Fourpence for every Folio of Ninety Words. furnished on payment. Certifying false Copy or "15. If any Officer authorized or required by this Act to Extract, Mis- furnish any certified Copies or Extracts shall wilfully certify demeanor: any Document as being a true Copy or Extract, knowing that the same is not a true Copy or Extract, as the Case may be, he shall be guilty of a Misdemeanor, and be liable, upon Conviction, to Imprisonment for any Term not exceeding Eighteen Punishment. Months. nister Oaths. 16. Every Court, Judge, Justice, Officer, Commissioner, Court, &c. Arbitrator, or other Person, now or hereafter having by Law may admior by Consent of Parties Authority to hear, receive, and examine Evidence, is hereby empowered to administer an Oath to all such Witnesses as are legally called before them respectively. Stamp, or same, Felony: pounded. "17. If any Person shall forge the Seal, Stamp, or Sig- Forging Seal, nature of any Document in this Act mentioned or referred to, signature, or or shall tender in Evidence any such Document with a false tendering or counterfeit Seal, Stamp, or Signature thereto, knowing the same to be false or counterfeit, he shall be guilty of Felony; and shall upon Conviction be liable to Transportation for Seven Years, or to Imprisonment for any Term not exceeding Punishment. Three Years nor less than One Year, with Hard Labour and whenever any such Document shall have been admitted in Documents Evidence by virtue of this Act, the Court or the Person who may be imshall have admitted the same may, at the Request of any Party against whom the same is so admitted in Evidence, direct that the same shall be impounded and be kept in the Custody of some Officer of the Court or other proper Person, for such Period and subject to such Conditions as to the said Court or Person shall seem meet; and every Person who shall Procedure. be charged with committing any Felony under this Act, or under the Act of the Eighth and Ninth Years of Her present Majesty, Chapter One hundred and thirteen", may be dealt with, indicted, tried, and, if convicted, sentenced, and his Offence may be laid and charged to have been committed, in the County, District, or Place in which he shall be apprehended or be in Custody; and every Accessory before or after the Fact to any such Offence may be dealt with, indicted, tried, and, if convicted, sentenced, and his Offence laid and charged to have been committed, in any County, District, or Place in which the principal Offender may be tried. "18. This Act shall not extend to Scotland." 8 & 9 Vic. c. 113, (XXV. p. 326). Scotland exempted. |