Proof law has been duly and properly passed and assented to, or that of Writings. such bill has been duly and properly passed and presented to the Foreign law and custom. governor; and any proclamation purporting to be published by the authority of the governor in any newspaper in the colony to which such law or bill shall relate, and signifying her Majesty's disallowance of any such colonial law, or her Majesty's assent to any such reserved bill as aforesaid, shall be prima facie evidence of such disallowance or assent." Foreign laws and customs are not judicially recognised, except where a case is remitted to the superior courts of a foreign state for the purpose of ascertaining the law of such state as to the facts in question, under stat. 24 & 25 Vict. c. 11. Otherwise all foreign laws, usages and customs must be proved as facts in each particular case: M'Cormick v. Garnett, 5 De G., M. & G. 278. It is not sufficient to produce a copy of the code or law, but the assistance of competent persons who can describe and interpret the effect of the law is necessary: Sussex Peerage case, 11 Cl. & F. at p. 114; Lord Nelson v. Lord Bridport, 8 Beav. 527. Thus, in a case which depended upon the state of the marriage law of Scotland, depositions of eminent Scotch lawyers were admitted and considered by the Court: Dalrymple v. Dalrymple, 2 Hag. Con. 54. The competency of the persons whose evidence is sought to be given on a question of foreign law is a matter for the decision of the Court: Bristow v. Sequeville, 5 Exch. Rep. 275. They should hold in the country, whose laws are in question, some professional or official position from which sufficient knowledge will be presumed, e. g., as judges, advocates, solicitors, officers attached to courts, etc. A Roman Catholic bishop, holding the office of coadjutor to a vicar apostolic, has been admitted to give evidence as to the matrimonial law of Rome: Sussex Peerage case, 11 Cl. & F. at p. 114. A French consular agent was admitted as a person officially skilled for the purpose of proving the law of France: Lacon v. Higgins, 3 Stark. 178. A foreign custom may, however, be proved by any person who can be shown to have knowledge thereof: Mostyn v. Fabrigas, 1 Cowp. Proof of Writings. Vict. c. 11. 174; Van der Donckt v. Thellusson, 8 C. B. 812; and see Tavlor, Ev. 1197. By the Act to afford Facilities for the better Ascer- Stat. 24 & 25 tainment of the Law of Foreign Countries, 1861, superior courts within her Majesty's dominions are empowered to remit cases with queries to the courts of any foreign state with which her Majesty may have made a convention for that purpose, for ascertaining the law of such state as to the facts in question. of foreign The principles of construction with regard to Construction foreign documents were fully considered in the case document. of Di Sora v. Phillipps; and it was held that, in order to ascertain the meaning, the court should be furnished with (1) a translation of the documents; (2) an explanation of any terms of art used in it; (3) information on any special law; and (4) on any peculiar rule of construction of the foreign state affecting it: 2 N. R. 553; 10 H. L. C. 624. See also The Stearine, &c. Co. v. Heintzmann, 17 C. B., N. S. 60. By sect. 7 of the Act to amend the Law of Evidence, 14 & 15 Vict. 1851 (Lord Brougham's Act), it is enacted that c. 99. colonial acts or signature, "All proclamations, treaties and other acts of state of any Foreign and foreign state or of any British colony, and all judgments, of state, judgdecrees, orders, and other judicial proceedings of any court ments, &c., of justice, in any foreign state or in any British colony, certified provable by and all affidavits, pleadings and other legal documents filed copies without or deposited in any such court, may be proved in any court proof of seal of justice, or before any person having by law or by consent of &c. parties authority to hear, receive, and examine evidence, either by examined copies or by copies authenticated as hereinafter mentioned; that is to say, if the document sought to be proved be a proclamation, treaty, or other act of state, the authenticated copy to be admissible in evidence must purport to be sealed with the seal of the foreign state or British colony to which the original document belongs; and if the document sought to be proved be a judgment, decree, order, or other judicial proceeding of any foreign or colonial court, or any affidavit, pleading, or other legal document filed or deposited in any such court, the authenticated copy to be admissible in evidence must purport either to be sealed with the seal of the foreign and colonial court to which the original document belongs, or, in the event of such Proof of Writings. Documents to without proof the ambassa dor or other official person. Fines and recoveries. Administration. court having no seal, to be signed by the judge, or if there be more than one judge, by any one of 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; but if any of the aforesaid authenticated copies shall purport to be sealed or signed as herein before respectively directed, the same shall respectively be admitted in evidence in every case in which the original document could have been received in evidence, without any proof of the seal where 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." And by the statute 18 & 19 Vict. c. 42, s. 3— "Any document purporting to have affixed, impressed, or subscribed thereon or thereto the seal and signature of any British ambassador, envoy, minister, chargé d'affaires, secretary of embassy or of legation, consul general, consul, vice-consul, acting consul, pro-consul, or consular agent, in testimony of any oath, affidavit, affirmation, or (notarial) act having been administered, sworn, affirmed, had, or done by or before him, shall be admitted in evidence without proof of any such seal or signature being the seal and signature of the person whose seal and signature the same purports to be, or of the official character of such person." Fines and Recoveries.-Recoveries are proved like other records. A fine is proved by the chirograph (2 Stark. N. P. 13); or by an exemplification, or a copy examined with the record. The authority of the chirographer does not extend to make proclamations; and these, therefore, in strictness, should be proved by comparison with the roll: 3 Taunt. 166; 6 Id. 486. As to proceedings in bankruptcy, vide ante, p. 126. Administration.]—Under the old law the title of an executor or administrator might have been proved by the production of the probate or letters of administration, or by an exemplification or certificate thereof, or by an examined copy of the act-book of the spiritual court in which the original minutes of the court are contained: Davis v. Williams, 13 East, 232. See Elden v. Keddel, 8 East, 187. The Probate Division of the High Court of Justice has now, by the combined operation of the statutes 20 & 21 Vict. c. 77, 21 & 22 Vict. c. 95, and 36 & 37 Vict. c. 66 (Judicature Act, 1873), sect. 34, jurisdiction over all testamentary matters. These statutes, and the rules and orders made thereunder, do not make any definite regulations with regard to evidence; but it may doubtless be assumed that, on the analogy of the old practice, the title of an executor or administrator may be proved by production of the probate or letters of administration or by an exemplification thereof granted by a registrar or district registrar of the Probate Division: Taylor, Ev. 383. Proof of Writings, &c. which ad taken out and Administration must be taken out and wills proved Courts in in the court in whose jurisdiction the assets are ministration situate. The locality of specialty debts is deter- should be mined by that of the record or deed evidencing wills proved. them; that of simple contract debts, by that of the debtor: 1 Salk. 40; 3 Id. 164; Carth. 149; 2 Selw. N. P. 764. The Probate Division has now jurisdiction over assets in all parts of England (h). French rentes and American stock are not within the jurisdiction of the English Courts: Att.-Gen. v. Dimond, 1 Cr. & J. 356; Att.-Gen. v. Hope, 1 Cr., M. & R. 530; 8 Bligh, 44. But Russian, Danish, Dutch, and other foreign bonds and securities that pass by delivery, are bona notabilia in the place where they are situate. See Att.-Gen. v. Bouwens, 4 Mee. & W. 171. of an executor ad infinitum represents the first testator. The interest vested in an executor by the will of The executor the deceased may be continued and kept alive by the wills of the successive executors: so that the executor of A.'s executor, in however remote a series, is, to all intents and purposes, the executor and representative of A. himself, and has the same interest in the goods and chattels of A., as the first and immediate executor: Hudson v. Hudson, 1 Atk. 461; 2 (h) See 20 & 21 Vict. c. 77, s. 23, and Judicature Act, 1873, s. 34. Proof of Writings, &c. But an executor of an executor can not prove the first testator. will of the Bla. Com. 506; Toll. Ex. 242; 3 Bac. Abr. 19, Executors (B), 2. 1. pl. 2; Williams, Exs. 8th ed. 258. But this is to be understood, when the executor proves the will (Ib. 259; Com. Dig. Administration (G)); for, if the first or any other executor die after administering, and before probate, his executor cannot prove the will of the testator; because he is not named executor to him in the will; no person being competent to prove a will but he who is named executor in the will (Wankford v. Administra Wankford, 1 Salk. at p. 306); and administration of the will annexed. goods of the testator must be granted cum testamento annexo to the executor of the executor, if the residue of the goods of the testator were bequeathed by his Devolution of will to the executor; or otherwise to the residuary legatee, if any; or to the next of kin of the testator: 1 Roll. Abr. 907, pl. 10; Isted v. Stanley, Dyer, 372 a, (8); Day v. Chatfield, 1 Vern. 200; 11 Vin. Abr. 67, pl. 10, 20, 27; Williams on Executors, 468. tion with the executorship. verte. The reason that the second executor represents the original testator is said to be, that the court which grants him probate has jurisdiction over the original will: Per Sir L. Shadwell, 7 Sim. 103. So where the original will was proved in India, and the executor's will in England, the second executor was held not to represent the first testator: Twyford v. Traill, 7 Sim. Executrix co- 92. An executrix coverte may make a will,for the purpose of continuing the representation: Scammell v. Wilkinson, 2 East, 552; Barr v. Carter, 2 Cox, 429; Willock v. Noble, L. R., 7 H. L. 580, 589. It has been said that executor of an executor may refuse the executorship of the first testator, while he accepts the office immediately conferred on him; but he cannot accept the executorship of the original testator, and decline that of the mesne executor: 3 Bac. Ab. 42. But the settled practice of the prerogative court was to the contrary, and, in Brooke v. Haynes, L. R., 6 Eq. 25, it was expressly decided that an executor cannot renounce the executorship of other persons of whom his testator may have been the executor. And see Williams on Exs. 280. Executor of administra tor, &c. But the executor of A.'s administrator, or the administrator of A.'s executor, is not the represen |