1901_EVIDENCE_ORDINANCE__1889 — Page 8

189.

A.D. 1889.]

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EVIDENCE.

[No. 2.

637

code, or other written law of such country, and also printed and published books of reports of decisions of the courts of such country, and books proved to be commonly admitted in such courts as evidence of the law of such country, shall be admissible as evidence of the law of such foreign country; and (6.) all maps made under the authority of any government or of any public municipal body, and not made for the purpose of any liti- gated question, shall primá facie be deemed to be correct, and shall be admitted in evidence without further proof.

27. All documents whatsoever legally and properly filed or recorded in any foreign court of justice or consulate according to the law and practice of such court or consulate, and all copies of such documents, shall be admissible in evidence in the Court on being proved in like manner as any documents filed or recorded in any foreign court are provable under this or any other Ordinance; and all documents what- soever so filed or recorded in any foreign court or consulate, and all copies of such documents, shall, when so proved and admitted, be held authentic and effectual for all purposes of evidence as the same would be held in such foreign court or consulate.

28. All courts, judges, magistrates, justices of the peace, officers of the courts, commissioners acting judicially, and other judicial officers within the Colony shall henceforth take judicial notice of the signature of the Judges of the Supreme Court, provided such signature is at- tached or appended to any judgment, decree, order, certificate, or other judicial or official document.

PART III.

DEPOSITIONS.

to

Admissibility

of document filed in foreign

court or

consulate.

Courts to take judicial notice of

signature of Supreme Court, etc.

Judge of

8 & 9 Viet. c. 113 s. 2.

in evidence

29. Whenever it is proved, by the oath, affirmation, or declaration Admissibility of any credible witness, or in any other manner whatsoever it appears, in criminal the satisfaction of the Supreme Court, that the Attorney General, or proceedings of

deposition of other person conducting a prosecution in criminal proceedings on behalf person dead, of the Crown, is unable to produce at the trial of the prisoner or accused etc.

11 & 12 Vict. person any person as a witness, in consequence of the death of such c. 42 s. 17. person, or of his absence from the Colony, or of the impracticability of serving process on him, or of his being so ill as not to be able to travel, or of his being insane, or of his being kept out of the way by means of the procurement of the prisoner or accused person, or of his being domiciled in a country the laws of which prohibit his absenting himself therefrom, or which he refuses to quit after application made to him in that behalf; and if it also appears that such person was exum-