30
CAP. 8
Evidence
[1984 Ed.
Interpretation.
Proof of instrument to validity of which attestation is necessary.
1938 c. 28. s. 3.
Presumptions as to documents 20 years old.
1938 c. 28. s. 4.
(b) that the certificate purporting to be signed by a public officer, an employee of an authorized person or an authorized person has been signed by him.
(5) The Chief Secretary may, by order published in the Gazette, declare any person or class of persons to be authorized persons for the purposes of this section. (Amended, 15 of 1975, s. 4)
(Added, 6 of 1973, s. 2)
41. In sections 39 and 40, unless the context otherwise requires-
"authorized person" means-
(a) a bank;
(b) a company authorized by any Ordinance to administer the estates of deceased persons or trust estates; and
(c) any person declared by the Chief Secretary to be an authorized person under section 40(5); (Amended, 15 of 1975, s. 5)
"film" includes a photographic plate, microfilm and machine-copy;
"machine-copy" means a copy made of a document by any machine whereby an image of the contents of the document is reproduced from surface contact with the document or by the use of photo-sensitive material other than transparent photographic film;
"photograph" and "photographic copy" include a machine-copy;
"public document" means any document to which the public have a right of access.
(Added, 6 of 1973, s. 2)
42. Subject as hereinafter in this Part provided, in any proceedings, whether civil or criminal, an instrument to the validity of which attestation is requisite may, instead of being proved by an attesting witness, be proved in the manner in which it might be proved if no attesting witness were alive:
Provided that nothing in this section shall apply to the proof of wills or other testamentary documents.
(Added, 6 of 1939, s. 2)
43. In any proceedings, whether civil or criminal, there shall, in the case of a document proved, or purporting, to be not less than 20 years old, be made any presumption which immediately before 24 March 1939, would have been made in the case of a document of like character proved, or purporting, to be not less than 30 years old.
(Added, 6 of 1939, s. 2)