Evidence.
[CAP. 8
of document
foreign court
31. 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 courts of this Colony 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 whatsoever 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. [27
32. All courts, judges, magistrates, justices of the peace, officers of the courts, commissioners acting judicially, and other judicial officers shall take judicial notice of the signature of the judges, provided such signature is attached or appended to any judgment, decree, order, certificate, or other judicial or official document.
[28
take judicial
Courts to notice of judges, etc. c. 113, s. 2.
signature of
8 & 9 Vict.
of
evidence as to
33. (1) In any civil proceedings where direct oral evidence of a fact would be admissible, any statement made by a person in a document and tending to establish that fact shall, on production of the original document, be admissible as evidence of that fact if the following conditions are satisfied, that is to say-
(a) if the maker of the statement either-
(i) had personal knowledge of the matters dealt with by the statement; or
(ii) where the document in question is or forms part of a record purporting to be a continuous record, made the statement (in so far as the matters dealt with thereby are not within his personal knowledge) in the performance of a duty to record information supplied to him by a person who had, or might reasonably be supposed to have, personal knowledge of those matters; and
(b) if the maker of the statement is called as a witness in the proceedings:
Provided that the condition that the maker of the statement shall be called as a witness need not be satisfied if he is dead, or unfit by reason of his bodily or mental condition
Evidence.
[CAP. 8
of document
foreign court
31. All documents whatsoever legally and properly filed Admissibility or recorded in any foreign court of justice or consulate filed in according to the law and practice of such court or consulate, or consulate. and all copies of such documents, shall be admissible in evidence in the courts of this Colony on being proved in like manner as any documents filed or recorded in any foreign court are provable under this or any other Ordin- ance; and all documents whatsoever 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. [27
32. All courts, judges, magistrates, justices of the peace, officers of the courts, commissioners acting judicially, and other judicial officers shall take judicial notice of the signa- ture of the judges, provided such signature is attached or appended to any judgment, decree, order, certificate, or other judicial or official document.
[28
take judicial
Courts to notice of judges, etc. c. 113, s. 2.
signature of
8 & 9 Vict.
of
evidence as to
33. (1) In any civil proceedings where direct oral Admissibility evidence of a fact would be admissible, any statement made documentary by a person in a document and tending to establish that fact facts in issue. shall, on production of the original document, be admissible 6 of 1939, s. 2. as evidence of that fact if the following conditions are satisfied, that is to say-
(a) if the maker of the statement either-
(i) had personal knowledge of the matters dealt with by the statement; or
(ii) where the document in question is or forms. part of a record purporting to be a continuous record, made the statement (in so far as the matters dealt with thereby are not within his personal knowledge) in the performance of a duty to record information supplied to him by a person who had, or might reasonably be supposed to have, personal knowledge of those matters; and
(b) if the maker of the statement is called as a witness
in the proceedings:
Provided that the condition that the maker of the state- ment shall be called as a witness need not be satisfied if he is dead, or unfit by reason of his bodily or mental condition
281
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