266
Registers of vessels and certificates of registry admissible as prima facie evidence of their contents, &c.
[See Ord. No. 8 of 1879 Sec. 3.]
Where necessary to prove acquittal or conviction of person charged, not necessary to produce record, but may be produced under hand of clerk of Court.
Examination or certified copies of documents admissible in evidence.
ORDINANCE No. 3 OF 1852.
Law of Evidence.
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 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 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.
6. Every register of a vessel may be proved in any of Her Majesty's Courts of Justice, or before any person having, by law or by consent of parties, authority to hear, receive, and examine evidence as aforesaid, 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 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 such 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 parties, authority to hear, receive, and examine evidence as aforesaid, as primá 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.
7. Whenever in any proceeding whatever it may be necessary to prove the trial and conviction or acquittal of any person charged with any indictable offence, it shall not be necessary to produce the record of the conviction or acquittal of such person, or a copy thereof, but it shall be sufficient that it be certified, or purport to be certified, under the hand of the clerk of the Court, or other officer having the custody of the records of the Court, where such conviction or acquittal took place, or by the deputy of such clerk or 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.
8. Whenever any book or other document is of such public nature as to be admissible in evidence on its mere production from the proper custody, any copy thereof, or extract therefrom, shall be admissible in evidence in the Supreme Court, or before any person now or hereafter having, by law or by consent of parties, authority to hear,
E
266
Registers of vessels and certi- ficates of regis try admissible as prima facie evi- dence of their contents, &c.
[See Ord. No. 8 of 1879 Sec. 3.1
Where necessary to prove acquittal
or conviction of person charged,
not necessary to produce record, but may be pro- duced under hand of clerk of Court.
Examination or certified copies of documents ad-
missible in evi- dence.
ORDINANCE No. 3 OF 1852.
Law of Evidence.
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 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 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.
6. Every register of a vessel may be proved in any of Her Majesty's Courts of Justice, or before any person having, by law or by consent of parties, authority to hear, receive, and examine evidence as aforesaid, 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 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 such 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 parties, authority to hear, receive, and examine- evidence as aforesaid, as primá 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.
7. Whenever in any proceeding whatever it may be necessary to prove the trial and conviction or acquittal of any person charged with any indictable offence, it shall not be necessary to produce the record of the conviction or acquittal of such person, or a copy thereof, but it shall be sufficient that it be certified, or purport to be certified, under the hand of the clerk of the Court, or other officer having the custody of the records of the Court, where such conviction or acquittal took place, or by the deputy of such clerk or 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.
8. Whenever any book or other document is of such public nature as to be ad- missible in evidence on its mere production from the proper custody, any copy thereof, or extract therefrom, shall be admissible in evidence in the Supreme Court, or before any person now or hereafter having, by law or by consent of parties, authority to hear,
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