Documents admissible without Proof of Seal, &c. in Ireland equally admissible in England and Wales. Documents Proof of Wales, or Law of Evidence Amendment. X. 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 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. XI. 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 or Ireland without Proof of the Seal or Stamp or Signature in England, 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 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. Ireland equally admissible in the Colonies. tificates of Registry admissible as primâ facie Evidence of their Contents, without Proof of Signature, &c. Registers of XII. Every Register of a Vessel kept under any of the Acts British Vessels and Cer- relating to the Registry of British Vessels may be proved in any Court of Justice, or before any Person having by Law or by Consent of Parties Authority to hear, receive, and examine Evidence, either by the Production of the Original or by an examined Copy thereof, or by a Copy thereof purporting to be certified under the Hand of the Person having the charge of the Original, and which Person is hereby required to furnish such certified Copy to any Person applying at a reasonable Time for the same, upon Payment of the Sum of One Shilling; and every such Register or such Copy of a Register, and also every Certificate of Registry, granted under any of the Acts relating to the Registry of British Vessels, and purporting to be signed as required by Law, shall be received in Evidence in any Court of Justice, or before any Person having by Law or by Consent of Parties Authority to hear, receive, and examine Evidence, as prima facie Proof of all the matters contained or recited in such Register when the Register or such Copy thereof as aforesaid is produced, and of all the Matters contained or recited in or endorsed on such Certificate of Registry when the said Certificate is produced. Law of Evidence Amendment. viction or necessary to XIII. And whereas it is expedient, as far as possible, to where reduce the Expense attendant upon the Proof of criminal Pro- necessary to ceedings Be it enacted, That whenever in any Proceeding prove Con whatever it may be necessary to prove the Trial and Conviction Acquittal of or Acquittal of any Person charged with any indictable Offence, Person it shall not be necessary to produce the Record of the Convic- charged, not tion or Acquittal of such Person, or a Copy thereof, but it shall produce be sufficient that it be certified or purport to be certified under Record, but the Hand of the Clerk of the Court or other Officer having the tified under Custody of the Records of the Court where such Conviction or Hand of Acquittal took place, or by the Deputy of such Clerk or other Clerk of Officer, that the Paper produced is a Copy of the Record of the Indictment, Trial, Conviction, and Judgment or Acquittal, as the Case may be, omitting the formal Parts thereof. Court. Documents XIV. Whenever any Book or other Document is of such a Examined Public Nature as to be admissible in Evidence on its mere or certified Production from the proper Custody, and no Statute exists Copies of which renders its Contents provable by means of a Copy, any admissible Copy thereof or Extract therefrom shall be admissible in Evi- in Evidence. dence 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 entrusted, and which Officer is hereby required to furnish such certified Copy or 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. ment a Mis XV. If any Officer authorized or required by this Act to furnish Certifying a any certified Copies or Extracts shall wilfully certify any Docu- false Document as being a true Copy or Extract, knowing that the same demeanor. 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 Months. XVI. Every Court, Judge, Justice, Officer, Commissioner, Court, &c. Arbitrator, or other Person, now or hereafter having by Law or may admiby Consent of Parties Authority to hear, receive, and examine nister Oaths. Evidence, is hereby empowered to administer an Oath to all such Witnesses as are legally called before them respectively. XVII. If any Person shall forge the Seal, Stamp, or Signature Persons of any Document in this Act mentioned or referred to, or shall forging Seal, tender in Evidence any such Document with a false or counter- Stamp, or feit Seal, Stamp, or Signature thereto, knowing the same to be of certain false or counterfeit, he shall be guilty of Felony, and shall upon Documents, Conviction Signature or wilfully utterring same, guilty of Felony. Acino ito extend to Scotlaud. Interpreta Law of Evidence Amendment. Conviction be liable to Transportation for Seven Years, or to Imprisonment for any Term not exceeding Three Year nor less than One Year, with Hard Labour; and whenever any such Document shall have been Admitted Evidence by virtue of this Act, the Court or the Person who shall 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 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. XVIII. This Act shall not extend to Scotland. XIX. The Words "British Colony," as used in this Act, tion of Bri- shall apply to the British Territories under the Government of tish Colony. the East India Company, and to the Islands of Guernsey, Jersey, Alderney, Sark and Man, and to all other Possessions of the British Crown, wheresoever and whatsoever. Commence XX. This Act shall come into operation on the First Day of ment of Act. November in the present Year. QUEBEC -Printed by S. DERBISHIRE & G. DESBARATS, Law Printer to the Queen's Most Excellent Majesty. ANNO DECIMO-OCTAVO VICTORIE REGINE MAGNE BRITANNIÆ ET HIBERNIÆ AT the Parliament begun and holden at Westminster, on Being the THIRD Session of the SIXTEENTH Parliament of the QUEBEC: PRINTED BY STEWART DERBISHIRE & GEORGE DESBARATS, Anno Domini, 1855. |