customs which have been tried, determined, and recorded in his own court. So, also, the customs of London, which have been certified by the recorder, such, for example, as the custom of foreign attachment 3-the custom that every shop is a market overt for goods of the same kind as are usually sold there *-the custom that married women may be sole traders and the custom which defines the nature of a liveryman's office,6-will be judicially noticed by the respective courts in which the certificates are recorded; but no one court can take notice of a custom, which

Morrison v. Gen. St. Navig. Co., 8 Ex. R. 733; Gen. St. Navig. Co. v. Morrison, 13 Com. B. 581; Gen. St. Navig. Co. v. Mann, 14 Com. B. 127; Lawson v. Carr, 10 Moo. P. C. R. 162; Churchward v. Palmer, 10 Moo. P. C. R. 472; La Plata, 1 Swab. Adm. R. 298; Morgan v. Sim, 11 Moo. P. C. R. 307. 1 Dr. & St. 34; 1 Bl. Com. 76.

2 Crosby v. Hetherington, 4 M. & Gr. 933, 946; Bruin v. Knott, 12 Sim. 452-456; Blacquiere v. Hawkins, 1 Doug. 380, per Ld. Mansfield. See Blunt v. Lack, 26 L. J., Ch. 148. But uncertified customs must be proved in Westminster Hall, though they will be judicially noticed in the City Cts. ; Stainton & wife v. Jones, 1 Doug. 380, n. 96, per Ld. Mansfield. So, also, the Ct. of Q. B. in Ireland will not judicially notice a custom of the Ld. May. & Sheff.'s Ct. in Dublin, unless certified by the recorder; Simmonds v. Andrews, 1 Jebb & Sy. 531.

3 Certified by Starkey in 22 Ed. 4. See 1 Roll. Abr. 554 K 5; Bruce v. Wait, 1 M. & Gr. 39; Crosby v. Hetherington, 4 M. & Gr. 933; Westoby v. Day, 2 E. & B. 605.

4 Certified by Sir E. Coke, 5 Rep. 83 b; S. C., rather more at length, as L'Evesque de Worcester's case, M. 360; S. C., Poph. 84. See Lyons v. De Pass, 11 A. & E. 326; and 9 C. & P. 68, S. C., where the custom was held to apply, though the premises were described in evidence as a warehouse, and were not sufficiently open to the street for a person on the outside to see what passed within. See, also, Crane v. London Dock Co., 33 L. J., Q. B. 224; 5 B. & S. 313, S. C.

5 Lavie v. Phillips, 3 Burr. 1776. Other local customs, as that of carting whores in London, or that of foreign attachment in Bristol, Liverpool, and Chester, are noticed in the respective city courts, 1 Doug. 380, n. 96, and therefore need not be set out on the record. In such cases, if the judgment of the court below is brought before a court of error, such court will also judicially notice the existence of the custom. See Bruce v. Wait, 1 M. & Gr. 24, 41, n. a.

6

King v. Clerk, 1 Salk. 349; cited by Parke, B., in Piper v. Chappell, 14 M. & W. 649.

7 The custom, which formerly regulated the distribution of the personal estate of intestate freemen of the city of London, and other similar customs in York and other places, are now abrogated by 19 & 20 Vict., c. 94.

5

4

3

has merely been certified to another. Neither can judicial notice be taken of the usages prevalent among mining partnerships conducted on the cost-book principle, for, without evidence, the judges cannot determine the meaning of the term "cost-book principle." 2 Moreover the courts will not take cognisance of the laws, usages, or customs of a foreign state; and so strictly is this rule enforced, that all foreign laws, the laws of the colonies, and even the laws of Jersey, Guernsey, or Scotland, must be proved as facts, unless steps have been taken, either under the Act of 22 & 23 V., c. 63, or under that of 24 & 25 V., c. 11, to obtain a legal opinion on the subject from a superior court of the country, whose laws are under dispute. As the laws of Ireland are substantially the same as those of England, except so far as they are varied by statute, it is apprehended that no proof respecting them would be required; and in accordance with this view a very able judge has suggested that the courts at Westminster would judicially recognise the fact, that an action must be commenced by process in Ireland.7

6

§ 6. The courts will also judicially notice the following seals:- § 6 the Great Seal of the United Kingdom, and the Great Seals of England, Ireland and Scotland respectively; the Queen's Privy Seal and Privy Signet, whether in England, Ireland or Scotland; the seal,

1 Piper v. Chappell, 14 M. & W. 649, 650, per Parke, B.

2 In re Bodmin United Mines Co., 23 Beav. 370.

2 Prowse v. The European & Amer. St. Shipping Co., 13 Moo. P. C. R. 484; S. C., nom., The Peerless, 1 Lush. Adm. R. 103.

+ Brenan's case, 10 Q. B. 498, per Patteson, J.

Dalrymple v. Dalrymple, 2 Hagg. Cons. 54; Mostyn v. Fabrigas, 1 Cowp. 174, per Ld. Mansfield; Sussex Peer. case, 11 Cl. & Fin. 114-117; Male v. Roberts, 3 Esp. 163, per Ld. Eldon; R. v. Povey, 22 L. J., M. C. 19; Pearce & D. 32, S. C.; Woodham v. Edwards, 5 A. & E. 771; 1 N. & P. 207, S. C. ; Wey v. Yally, 6 Mod. 194; Story, Confl. § 637, and cases cited in n. See also post, § 48, 1423–1425.

See Lord v. Colvin, 1 Drew. & Sm. 24; Login v. Princess of Coorg, 30 Beav. 632.

7 Reynolds v. Fenton, 3 Com. B. 194, per Maule, J., explaining Ferguson v. Mahon, 11 A. & E. 179; 3 P. & D. 143, S. C.

8 Lord Melville's case, 29 How. St. Tr. 707.

Foggassa's case, 24 Edw. 3, 23, cited in Olive v. Guin, 2 Sid. 146; Lane's case, 2 Rep. 17 b.

4

and the privy seal, of the duchy of Lancaster; the seal, and the privy seal, of the duchy of Cornwall; 1 the seals of the superior courts of justice; the old Chancery Common Law seal, and the seal of the Chancery Enrolment office; the seals of the High Court of Admiralty, whether for England or Ireland; 5 of the Prerogative Court of Canterbury; and of the Court of the ViceWarden of the Stannaries; the seals of all courts constituted by Act of Parliament, if seals are given to them by the Act, and, therefore, the seals of the Court for Divorce and Matrimonial causes in England; of the Court for Matrimonial causes and matters in Ireland; 10 of the principal Registry, and of the several district Registries of the Supreme Court of Judicature; 11 of the principal Registry, and of the several district Registries of the old

9

1 26 & 27 V., c. 49, § 2.

2 Tooker v. D. of Beaufort, Say. 297.

3 12 & 13 V., c. 109, § 11, after enacting that a seal shall be provided, which shall be called the "Chancery Common Law Seal," goes on to enact, that "all courts, tribunals, judges, justices, officers, and other persons whomsoever shall take notice of the said seal, and receive impressions thereof in evidence, in like manner as impressions of the great seal are received in evidence, and shall also take notice of and receive in evidence, without further proof, all and every of such writs, proceedings, instruments, documents, and writings whatsoever, which shall purport or appear to be sealed or stamped with the said Chancery Common Law Seal for the time being, in like manner as if the same had been sealed with the great seal."

4 12 & 13 V., c. 169, § 17, after enacting that such a seal or stamp as the Master of the Rolls shall approve of shall be provided, and shall be called "the seal of the Enrolment Office in Chancery," goes on to enact, that "all courts and other tribunals, judges, justices, officers, and other persons whomsoever, shall take notice of the said seal of the Chancery Enrolment Office, and shall take notice of and receive in evidence every instrument and writing purporting or appearing to be sealed or stamped therewith, without proof that the same has been so sealed or stamped."

5 Green v. Waller, 2 Ld. Ray. 893; 24 & 25 V., c. 10, § 14; 30 & 31 V., c. 114, § 21, Ir.

Kempton v. Cross, Rep. tem. Hardw. 108.

7 6 & 7 W. 4, c. 106, § 19.

s Doe v. Edwards, 1 P. & D. 408; 9 A. & E. 554, S. C.

* 20 & 21 V., c. 85, § 13, after enacting that a seal shall be made for the court, provides that "all decrees and orders, or copies of decrees or orders of the said court, sealed with the said seal, shall be received in evidence."

11 36 & 37 V., c. 66, § 61, after enacting that in every district registry such

3

Court of Probate in England and of the present Court of Probate in Ireland; of the old and new Courts of Bankruptcy; of the Insolvent Debtors' Court, now abolished; of the Court of Bankruptcy and Insolvency in Ireland, which, since the 6th of August, 1872, has been called "The Court of Bankruptcy in Ireland;"" of the several United Diocesan Courts and Registries in Ireland; 7 of the Landed Estates Court, Ireland; 8 of the Record of Title

seal shall be used as the Lord Chancellor shall direct, goes on to provide, that "such seal shall be impressed on every writ and other document issued out of or filed in such District Registry; and all such writs and documents, and all exemplifications and copies thereof, purporting to be sealed with the seal of any such District Registry, shall in all parts of the United Kingdom be received in evidence without further proof thereof.”

1 20 & 21 V., c. 77, § 22, after enacting that seals shall be made for the court, "that is to say, one seal to be used in its principal registry, and separate seals to be used in the several district registries," provides that "all probates, letters of administration, orders, and other instruments, and exemplifications and copies thereof, respectively, purporting to be sealed with any seal of the Court of Probate, shall in all parts of the United Kingdom be received in evidence without further proof thereof."

2 20 & 21 V., c. 79, § 27, Ir., contains an enactment precisely similar to that recited in the last preceding note.

3 32 & 33 V., c. 71, § 109, enacts, that every court having jurisdiction in bankruptcy, shall have a seal, and "judicial notice shall be taken of such seal, and of the signature of the judge or registrar of any such court, in all legal proceedings." The Bankruptcy Rules of 1870 provide, by r. 10, that “all summonses, petitions, notices, orders, warrants, and other process issued by the court, shall be sealed." See also r. 12, as to sealing of "office copies." 24 & 25 V., c. 134, § 204 (now repealed), enacted that "all courts, judges, justices, and persons judicially acting, and other officers, shall take judicial notice of the signature of any commissioner or registrar of the Courts (of Bankruptcy), and of the seal of the courts, subscribed or attached to any judicial or official proceeding, or document, to be made or signed under the provisions of this Act."

↑ Doe v. Edwards, 1 P. & D. 408; 9 A. & E. 554, S. C.

* 20 & 21 V., c. 60, § 362, Ir., enacts, that "all courts, judges, justices, and persons judicially acting, and other officers, shall take judicial notice of the signature of any judge or registrar, or chief clerk of the court, and of the seal of the court, subscribed or attached to any judicial or official proceeding or document, to be made or signed under the provisions of this Act."

* 35 & 36 V., c. 58, § 6, Ir.

7 27 & 28 V., c. 54, §§ 9, 50, Ir.

* 21 & 22 V., c. 72, § 8, Ir., enacts, that "the said Landed Estates Court, Ireland, shall cause to be made a seal for their said court, and shall cause to be scaled therewith all orders, conveyances, and other instruments made by or

1

4

Office of that court; and of the County Courts.2 They will also judicially notice the seal of the corporation of London,3 and perhaps the seal of a notary-public, he being an officer recognised by the whole commercial world. Several other seals are rendered admissible in evidence without proof of their genuineness, by the express language of particular statutes; and among them may be noticed the seal of the Local Government Board, whether for England 5 or for Ireland;" of the late Poor-law Board;7 of the late Local Boards of Health, and of the new Urban Sanitary Authorities, and Joint Sanitary Boards; 10 of the now abolished Commissioners for the Sale of Incumbered Estates in Ireland; of the Land Registry Office in England,12 whether established under the Act of 1862 or under that of 1875; of the

9

8

proceeding from the said court in pursuance of this Act; and all such orders, conveyances, and other instruments, or copies thereof, purporting to be sealed with the seal of the said court, shall be received in evidence without any further proof thereof."

1 28 & 29 V., c. 88, § 56, Ir., enacts, that " a seal shall be prepared for the Record of Title Office of the Court, and shall be kept in the custody of the officer; and all certificates and other documents purporting to be sealed with such seal shall be admissible as evidence without further proof."

29 & 10 V., c. 95, §§ 3, 57, 111.

4

3 Doe v. Mason, 1 Esp. 53, per Ld. Kenyon.

Anon., 12 Mod. 345; Bayl. Bills, 490; Hutcheon v. Mannington, 6 Ves. 823; Cole v. Sherard, 11 Ex. R. 482; and Furnell v. Stackpoole, Milw., Ec. Ir. R. 485, 486. But see In re Earl's Trusts, 4 Kay & J. 300, where it was held that the seal of a notary public of a foreign country not under the Queen's dominion could not be judicially noticed. See also In re Davis's Trusts, 8 Law Rep. Eq. 98; Nye v. Macdonald, 39 L. J., P. C. 34; 3 Law Rep., P. C. 331, S. C.; in which last case it was held that the execution of a deed in a colony could not be proved by a notary's certificate.

5 34 & 45 V., c. 70, § 5.

7 10 & 11 V., c. 109, § 5; 1

$ 3, Ir.

6 35 & 36 V., c. 69, § 4, Ir.

& 2 V., c. 56, § 121, Ir. ; 10 & 11 V., c. 90, 63, § 35 ; 21 & 22 V., c. 98, § 4.

10 38 & 39 V., c. 55, § 280.

8 11 & 12 V., c. 9 38 & 39 V., c. 55, § 7. 11 12 & 13 V., c. 77, § 2, Ir., enacts, that "the Commissioners shall cause to be made a seal for the commission, and shall cause to be sealed therewith all orders, conveyances, and other instruments made by or proceeding from the Commissioners, in pursuance of this Act; and all such orders, conveyances, and other instruments, or copies thereof, purporting to be sealed with the seal of the Commissioners, shall be received in evidence without any further proof thereof." See 21 & 22 V., c. 72, § 23.

12 25 & 26 V., c. 53, § 123, enacts, that "a seal shall be prepared for the land registry office; and any instrument purporting to be sealed with such seal shall be admissible in evidence;" 38 & 39 V., c. 87, § 107.