or Judicial Char- or in any British Colony, and all Affidavits, Pleadings, and other acter of person Legal Documents filed or deposited in any such Court, may be signing the same,
'proved in the Supreme Court, or before any Person having, by Law or by Consent of Parties, Authority to Hear, Receive, and Examine Evidence as aforesaid, either by examined Copies, or by Copies authenticated as hereinafter mentioned; that is to say, if the Docu- ment sought to be proved be a Proclamation, Treaty, or other Act of State, the authenticate Copy to be admissible in Evidence must purport to be Sealed with the Seal of the Foreign State, or of the East India Company, or of the Territory under the Government of the East India Company, or of the 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 of any Court within the Territories under the Government of the East India Company, or an 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 or Colonial Court, or Court within the Territories under the Government of the East India Company to which the Original Document belongs; or in the event of such Court having no Scal, to be Signed by the Judge; or if there he more than one Judge, by any One of the Judges of the sail 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 hereinbefore respectively directed, the same shall respectively be admitted in Evidence in every Case in which the Original Documents could have been received in Evidence, without any Proof of the Seal, where a Seal is necessary, or of the Signature, or 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.
as primâ facie
Registers of VI. Every Register of a Vessel may be proved in any of Her Vessels and Cer- Majesty's Court of Justice, or before any Person having, by Law or tificates of Re-by Consent of Parties, Authority to Hear, Receive, and Examine gistry admissible Evidence as aforesaid, either by the Production of the Original, or by Evidence of their an Examined Copy thereof, or by a Copy thereof purporting to be Contents, &c. certified under the land of the Person having the charge of the Ori- ginal; and such 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 Dollar; and every such Register or sucli Copy of a Register, and also every Certificate of Registry granted under any of the Acts of Parliament 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 Partics, Authority to Hear, Receive, and Examine Evidence as aforesaid, as prima facie Proof of all the Matters contained or recited in such Register, when the Re- gister, 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.
Where neces- VII. Whenever in any proceeding whatever it may be necessary vary to prove Ac- to prove the Trial and Conviction or Acquittal of any Person charged quittalor Convic- with any Indictable Offence, it shall not be necessary to produce the tion of Person Record of the Conviction or Acquittal of such Person, or a Copy charged, not ne. cessary to pro. thereof, but it shall be sufficient that it be certified, or purport to he duce Record, but certified, under the Hand of the Clerk of the Court, or other Officer may be produced having the Custody of the Records of the Court, where such Con- under hand of viction or Acquittal took place, or by the Deputy of such Clerk or Clerk of Court. other 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.
Examination VIII. Whenever any Book or other Document is of such Public or certified Co-Nature as to be admissible in Evidence on its mere production from pies of Docu- the proper Custody, any Copy thereof, or Extract therefrom, shall be mentsadmissible admissible in Evidence in the Supreme Court, or before any Person
in Evidence.
now or hereafter having, by Law or by Consent of Parties, Authority to Hear, Receive, and Examine Evidence as aforesaid; provided it be proved to be an Examined Copy or Extract, or provided it purports 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 Twenty-five Cents for every Folio of Ninety Words.
Certifying a
false Document a
IX. If any Officer authorized or required by this Ordinance to furnish any Certified Copies or Extracts, shall wilfully certify any Document as being a True Copy or Extract, knowing that the same Misdemeanour. is not a True Copy or Extract, as the case may be, he shall be Guilty
of a Misdemeanour, and be liable, upon Conviction, to Imprisonment for any Term not exceeding Eighteen Months.
X. The Supreme Court, and every Judge, Justice, Officer, Com- Court, &c., may missioner, Arbitrator, or other Person, now or hereafter having, by administer oaths. Law or by Consent of Parties, Authority to Hear, Receive, and Examine Evidence with respect to or concerning any Suit, Action, or other Proceeding, is hereby empowered to administer an Oath to all
such Witnesses as are legally called before them respectively.
XI. If any Person shall Forge the Seal, Stamp, or Signature of any Persons forg Document in this Ordinance mentioned or referred to, or shall tender ing Seal, Stamp, or Signature of in Evidence any such Document with a False or Counterfeit Seal, certain Docu- Staip, or Signature thereto, knowing the same to be False or Coup-ments, or wilful- terfeit, he shall be Guilty of Felony, and shall, upon Conviction, be ly uttering sarne, liable to Transportation for Seven Years, or to Imprisonment for any guilty of Felony. Term not exceeding Three Years, nor less than One Year with Hard Labour; and whenever any such Document shall have been admitted in Evidence by virtue of this Ordinance, 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 seen meet;
and every Person who shall be charged with committing any Felony under this Ordinance, may be Dealt with, Indicted, Tried, and, if Convicted, Sentenced, and his Offence may be laid and charged to have been committed in the 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, Sen- tenced, and his Offence may be laid and charged to have been com- mitted in any Place in which the principal Offender may be Tried.
XII. Nothing herein contained shall repeal any Provision contained Nothir in Chapter Twenty-six of the Statute passed in the Session of Parlia-in to ment hollen in the Seventh Year of the Reign of King William the with Fourth and the First Year of the Reign of Her present Majesty.
WM. JERVOIS
Passed the Legislative Council of Hongkong, this 29th Day of June, 1852.
CHAS. ST GEO. CLEVERLY, for the Clerk of Councils,
for the Clerk of Councils
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