acting by either of its divisions; in Ireland, the Superior Courts of Law at Dublin, the Master of the Rolls, and the Judge of the Admiralty Court; and in any other part of Her Majesty's dominions, the Superior Courts of Law or Equity therein; and in a foreign country or State, any Superior Court or Courts which shall be set forth in any such convention between Her Majesty and the Government of such foreign country or State. 14 & 15 VICT., CAP. XCIX. An Act to amend the Law of Evidence. Foreign and Colonial Acts of State, Judgments, &c., provable by certified copies, without proof of seal or signature, or judicial character of person signing the same. VII. All proclamations, treaties, and other acts of State of any Foreign State or of any British Colony, and all judgments, decrees, orders, and other judicial proceedings of any Court of Justice in any Foreign State or in any British Colony, and all affidavits, pleadings, and other legal documents filed or deposited in any such Court, may be proved in any Court of Justice, or before any person having by law or by consent of parties authority to hear, receive, and examine evidence, either by examined copies or by copies authenticated as hereinafter mentioned,—that is to say, if the document sought to be proved be a proclamation, treaty, or other act of State, the authenticated copy to be admissible in evidence must purport to be sealed with the seal of the Foreign State or 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 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 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 document could have been received in evidence, without any proof of the seal where a seal is necessary, or of the signature, or of 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. NOTE.-See ante, Act XV of 1852, s. 7. VIII. Every certificate of the qualification of an Apothecary which shall Apothecaries' Certificates purport to be under the Common Seal of the admissible without proof Society of the Art and Mystery of Apothecaries of Seal. of the City of London shall be received in evidence in any Court of Justice, and before any person having by law or by consent of parties authority to hear, receive, and examine evidence, without any proof of the said seal or of the authenticity of the said certificate, and shall be deemed sufficient proof that the person named therein has been from the date of the said certificate duly qualified to practise as an Apothecary in any part of England or Wales. Documents thus admissible equally admissible in the Colonies. XI. Every document which by any law now in force or hereafter to be in force is or shall be admissible in evidence of any particular in any Court of Justice in England or Wales or Ireland without proof of the seal or stamp or signature authenticating the same, or of the judicial or official character of the person appearing to have signed the same, shall be admitted in evidence to the same extent and for the same purposes in any Court of Justice of any of the British Colonies or before any person having in any of such Colonies by law or by consent of parties authority to hear, receive, and examine evidence, without proof of the seal or stamp or signature authenticating the same, or of the judicial or official character of the person appearing to have signed the same. XIX. The Words "British Colony" as used in this Act shall apply to all the British Territories under the Government of Interpretation of "British the East India Company, and to the Islands of GuernColony." sey, Jersey, Alderney, Sark, and Man, and to all other possessions of the British Crown, wheresoever and whatsoever. 17 & 18 VICT., CAP. CIV. Merchant Shipping Act, 1854. Depositions to be received in evidence when witness cannot be produced. 270. (1) Whenever, in the course of any legal proceedings instituted in any part of Her Majesty's dominions before any Judge or Magistrate, or before any person authorized by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject-matter of such proceeding, then, upon due proof, if such (1) This section is contained in the part relating to "Crimes committed on the High Seas and abroad." In connection with this, see Act I of 1859,-" An Act for the Amendment of the law relating to Merchant Seamen": Depositions to be received in evidence when witnesses cannot be produced. Section 111. Whenever, in the course of any legal proceeding instituted at any port or place in India before any Judge or Magistrate, or before any person authorized by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject matter of such proceeding, any deposition that such witness may have previously made in relation to the same subject-matter before any Justice or Magistrate in Her Majesty's dominions (including all parts of India other proceeding is instituted in the United Kingdom, that such witness cannot be found in that kingdom, or if in any British possession, that he cannot be found in the same possession, any deposition that such witness may have previously made on oath in relation to the same subject-matter before any Justice or Magistrate in Her Majesty's dominions, or any British Consular Officer elsewhere, shall be admissible in evidence, subject to the following restrictions (that is to say):— 1. If such deposition was made in the United Kingdom, it shall not be admissible in any proceeding instituted in the United Kingdom: 2. If such a deposition was made in any British possession, it shall not be admissible in any proceeding instituted in the same British possession : 3. If the proceeding is criminal, it shall not be admissible, unless it was made in the presence of the person accused: Every deposition so made as aforesaid shall be authenticated by the signature of the Judge, Magistrate, or Consular Officer before whom the same is made; and such Judge, Magistrate, or Consular Officer shall, when the same is taken in a criminal matter, certify, if the fact is so, and that the accused was present at the taking thereof; but it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition; and in any criminal proceeding such certificate as aforesaid, shall, unless the contrary is proved, be sufficient evidence of the accused having been present in manner thereby certified; but nothing herein contained shall affect any case in which depositions taken in any proceeding are rendered admissible in evidence by any Act of Parliament, or by any Act or Ordinance of the Legislature of any Colony, so far as regards such Colony, or to interfere with the power of any Colonial Legislature to make such depositions admissible in evidence, or to interfere with the practice of any Court in which depositions not authenticated as hereinbefore mentioned are admissible. than those subject to the same local Government as the port or place where such proceedings are instituted), or any British Consular Officer elsewhere, shall, if authenticated by the signature of the Justice, Magistrate, or Consular Officer, be admissible in evidence on due proof that such witness cannot be found within the jurisdiction of the Court in which such proceedings are instituted. Provided that, if the proceeding is criminal, such deposition shall not be admissible, unless it was made in the presence of the person accused, and the fact that it was so made is certified by the Justice, Magistrate, or Consular Officer. It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition; and in any criminal proceeding, such certificate as aforesaid shall, unless the contrary is proved, be sufficient evidence of the accused having been present in manner thereby certified. |