being gone into to establish their validity, whilst others require the support of parol testimony before they can be received.

In order, therefore, to the due consideration of the practice relating to documentary evidence, it seems right to treat, first, of documents which require no evidence to support them, or which, in other words, prove themselves; and secondly, of documents which require parol proof.

Amongst documentary evidence which proves itself may be ranked,

1. All printed copies of public Acts of Parliament, printed by the Queen's printer, whether in books or separate Acts, which are resorted to by Courts of Justice, not strictly as evidence, but as serving to refresh the memory, with reference to which, it may be observed, that by the stat. 41 Geo. III. c. 90, s. 9, made for the better and more effectual proof of the Statute Law of this country in Ireland, and of the Irish Statute Law in Great Britain, it is enacted that copies of the statutes of Great Britain and Ireland before the Union shall be received as conclusive evidence of the several statutes in the Courts of either kingdom.2

2. Printed copies of Acts of Parliament, not public Acts, in which a special clause is inserted that they shall be printed by the Queen's printer, and that a copy so printed shall be admitted as evidence of the Act. When a private Act of Parliament, not

1 Gib. on Evid. 8.

* 1 Greenl. Ev. § 480; Young v. Bank of Alexandria, 4 Cranch, 388; Biddis v. James, 6 Binney, 321, 326; Gresley Eq. Ev. (Am. ed.) 302 to 305; 1 Phil. Ev. (Cowen & Hill's ed. 1839) 317 et seq. It is not the duty of courts to take judiIcial notice of the execution of a public statute. Canal Company v. Railroad Company, 4 Gill & John. 7. As to the proof of foreign laws, of the laws of sister States, of the law of Congress in the State Courts, and of the laws of the States in the Courts of the United States, see 1 Greenl. Ev. § 486, 487, 488, 489, 490. In Massachusetts, printed copies of the Statute Laws of any other State, and of the United States, or of the territories thereof, if purporting to be published under the authority of the respective governments, or if commonly admitted and read as evidence in their Courts, shall be admitted in all Courts of Law, and on all other occasions, in that State, as prima facie evidence of such laws. Genl. Sts. c. 131, § 63.

For the mode of authenticating the records and judicial proceedings of one State to be used in the Courts of other States, see 1 Greenl. Ev. § 504 to 506.

* See 1 Greenl. Ev. § 481. In Massachusetts, the printed copies of all statutes, acts, and resolves of the Commonwealth, whether of a public or a private nature, which shall be published under the authority of the government, shall be admitted as sufficient evidence thereof, in all Courts of Law, and on all occasions whatever. Genl. Sts. c. 131, § 62.

containing such a clause, is required in evidence, the regular proof is by an examined copy compared with the original, in the Parliament Office at Westminster.1

3. Exemplified copies of records in other Courts of Justice, under the Great Seal of Great Britain, or under the seals of the Courts themselves.2 The seal of the Queen, and of the superior Courts of Justice, and of the Courts established here by Acts of Parliament, are admitted in evidence without extrinsic proof of their genuineness; as, for example, the seal of the county palatine of Chester, or of the Ecclesiastical Court, on an exemplification of a will.4

And by the recent statute 14 & 15 Vict. c. 99, s. 7, "All proclamations, treaties, and other acts of state, of any foreign state or of any British colony; and all judgments, decrees, orders, and other judicial proceedings of any Court of Justice in any foreign state, or in any British colony; and all affidavits, pleadings, and other legal documents filed or deposited in any such Court, may be proved by examined copies, or by copies authenticated as thereinafter mentioned.” 5

That is to say, in the case of a proclamation, treaty, or other act of state, the authenticated copy must purport to be sealed with the seal of the foreign state or British colony to which the original document belongs.

If the document sought to be proved be a judgment, decree, order, or other judicial proceeding of any Foreign or Colonial Court, or an affidavit, pleading, or other legal document, filed or deposited in any such Court, the authenticated copy to be admissible as evidence must purport either to be sealed with the seal of the Foreign or Colonial Court to which the original document belongs; or in the event of such Court having no seal, to be signed by the Judge; or if there be more than one Judge, by any one of

11 Phil. & Amos, 611.

2 See 1 Greenl. Ev. § 501.

1 Greenl. Ev. § 503.
1 Phil. & Amos, 613.

In Massachusetts, the unwritten or common law of any other of the United States, or of the territories thereof, may be proved as facts by parol evidence; and the books of reports of cases adjudged in their Courts may also be admitted as evidence of such law. Genl. Sts. c. 131, § 64. The existence, tenor, or effect, of all foreign laws, may be proved as facts, by parol evidence; but if it appears that the law in question is contained in a written statute or code, the Court may in its discretion reject any evidence of such law that is not accompanied by a copy thereof. Ib. § 65.

the Judges of the said Court; and such Judge shall attach to his signature a statement in writing on the said copy, "that the Court whereof he is a Judge has no seal." And the same section further provides, "That if any of the aforesaid authenticated copies shall purport to be sealed or signed as therein directed, the same shall respectively be admitted as evidence in every case in which the original document could have been received in evidence, without any proof of the seal, when a seal is necessary, or of the signature, or of the truth of the statement attached thereto, where such signature and statement are necessary, or of the judicial character of the person appearing to have made such signature and statement." 1

By the 8th section, apothecaries' certificates are made admissible without proof of the common seal of the Society.

By the 9th section, documents made admissible without formal proof in England are rendered in a similar manner admissible in Ireland; and by the following section, documents made admissible in Ireland are rendered equally admissible in England.

The 11th section extends these advantages to the Colonial Courts.

The 12th section applies to the register of British vessels, and enables registers of vessels and certificates of register, purporting to be duly signed, to be received in evidence as prima facie proof of all the matters contained or recited in such register," and of all the matters contained or recited in, or indorsed on such certificate of registry when the said certificate is produced."

The 14th section is of general application, and is material. It is as follows:-"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 to any person 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

1 See 1 Greenl. Ev. § 514.

reasonable time for the same, upon payment of a reasonable sum for the same, not exceeding fourpence for every folio of seventy words."

By the 16th section, "Every Court, Judge, Justice, officer, commissioner, arbitrator, or other person now or hereafter having by law, or 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."

Moreover, by the General Registry Act, 6 & 7 Will. IV. c. 8, s. 38, it is enacted, "That certified copies of entries, purporting to be sealed or stamped with the seal of the Register Office, shall be received as evidence of the birth, death, or marriage, to which the same relates, without any further or other proof of such entry, and that no certified copy, purporting to be given in the said office, shall be of any force or effect which is not sealed or stamped as aforesaid." 1

By the 14th section of 14 & 15 Vict. c. 94, the person signing the copy is the officer to whose custody the original is entrusted. Before this statute it was necessary that he should have been expressly authorized to make copies.2

In a case before the Lords Justices, it was held, that extracts from parish registers, signed by persons describing themselves in such signatures as "rectors" or "vicars," were sufficient within the 14th section, but not where the description was "incumbent" or "curate," as it might be a question whether such persons were the proper persons to have the custody of registers.

It is necessary here also to call attention to the 8 & 9 Vict. c. 113, by the 1st section of which it is enacted, "That whenever by any Act now in force or hereafter to be in force, any certificate, official or public document, or document or proceeding of any corporation or joint-stock or other company, or any certified copy of any document, by-law, entry in any register or other book, or of any other proceeding, shall be receivable in evidence of any particular in any Court of Justice or in any judicial proceeding, the same shall respectively be admitted in evidence, provided they respectively purport to be sealed or impressed with a stamp, or sealed and signed, or signed alone, as required, or impressed with a stamp

1 1 Greenl. Ev. § 483, 484, 485, 493.

21 Phil. & Amos, 315; 1 Greenl. Ev. § 485, 498, 507, 508.

'Re Neddy Hall's Estate, 2 De G. Mac. & Gor. 748.

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."

The 2d section enacts, "That all Courts, Judges, Justices, Masters in Chancery, Masters of Courts, commissioners judicially acting, and other judicial officers, shall henceforth take judicial notice of the signature of any of the Equity or Common Law Judges of the Superior Courts at Westminster, provided such signature be attached or appended to any decree, order, certificate or other judicial or official document."

The 3d section enacts, "That all copies of private and local and personal Acts of Parliament, not public Acts, if purporting to be printed by the Queen's printer, and all copies of the Journals of either House of Parliament, and of Royal Proclamations, purporting to be printed by the printers to the Crown, or by the printers to either House of Parliament, or by any or either of them, shall be admitted as evidence thereof by all Courts, Judges, Justices and others, without any proof being given that such copies were so printed." 1

The method of proving depositions taken in one Court upon the hearing of a cause in another, is, by producing a certified copy of the bill and answer,2 unless the depositions are so ancient that no bill and answer can be forthcoming, or unless the defendant has been in contempt or has had an opportunity of cross-examining, which he chose to forego, in which case the depositions may be read after proving the bill only. It is to be noticed, also, that depositions may be used as evidence against a party to the suit, or for the purpose of contradicting the witness, without proof of the bill and answer, although some proof of the identity of the person will be required."

Where the depositions have been taken on interrogatories, under a commission issuing out of another Court, they are not admissible without the production of the commission, under the authority of which they were taken; unless the depositions are 11 Greenl. Ev. § 479, 482; ante, 859, notes.

Reeve v. Hodson, 10 Hare, Appx. 19.

Phil. & Amos, 628.

• Ibid.

Phil. & Amos, 628; 1 Greenl. Ev. § 156.

⚫ 1 Greenl. Ev. 517; Rowe v. Brenton, 8 B. & C. 737, 765.