or when the attesting witness is proved to be dead, insane, beyond the jurisdiction of the court, or otherwise not producible after due endeavours to bring him before the court.

It will be sufficient generally to prove in these cases the handwriting of the attesting witness.

Documents will often be admissible to refresh the memory Writings that of a witness, and the witness may give oral evidence accord- refresh the ingly, after a perusal of their contents:

1st. When the writing actually revives in his mind a recollection of the facts to which it refers;

2nd. When, although it fail to revive such a recollection, it creates a knowledge or belief in the witness that, at the time when the writing was made, he knew or believed it to contain an accurate statement of such facts;

3rd. When, although the writing revives neither a recollection of the facts, nor of a former conviction of its accuracy, the witness is satisfied that the writing would not have been made unless the facts which it purports to describe had occurred accordingly.

Many matters can be proved only by deed or other writing; and in such cases, oral evidence, however distinct and direct, is wholly inadmissible, viz. :

Incorporeal rights, such as advowsons, reversions, &c.
Contracts by corporations, by deed bearing the corporate seal.
Contracts by joint stock companies under special acts (8 & 9 Vict.
c. 16, s. 27; 7 & 8 Vict. c. 110, ss. 44, 45, 46; 19 & 20 Vict.
c. 47, s. 41; and see 25 & 26 Vict. c. 89).

Transference of shares in joint stock companies (8 & 9 Vict.
c. 16, s. 14; 25 & 26 Vict. c. 89, s. 178).

Sale of ships (17 & 18 Vict. c. 104, s. 55).

Leases or interests in land (20 Car. 2, c. 3, ss. 1, 2, 3; 8 & 9
Vict. c. 106, s. 3).

Wills (29 Car. 2, c. 3, s. 5; 7 Will. 4 & 1 Vict. c. 26; 15 & 16

Vict. c. 24; 20 & 21 Vict. c. 77, s. 62).

memory.

Matters required to be proved by writing only.

The following are established rules as to the admission of Extrinsic oral evidence to vary or explain written documents :

1. Extrinsic evidence is inadmissible to contradict, add to, or subtract from or vary the terms of a written instrument.

2. Extrinsic oral evidence is admissible to prove that another contract not under seal has been discharged, either before or after breach.

3. A written instrument cannot be released or avoided by evidence of an intrinsically inferior nature.

4. Extrinsic evidence is admissible to explain written evidence.

evidence to explain.

Public judicial writings.

(2) Public Documents.

The courts take judicial notice of numerous facts without proof, as

The public statutes of the realm;-their own course of procedure and practice; the maritime law of nations;-the great and privy seals;-royal proclamations;-the almanacs, the divisions of the year and the London Gazette; but they will not notice the laws or customs of foreign states, and such laws must be proved by skilled witnesses. So also must colonial laws, and the laws of Scotland.

Other documents are proved as follow, viz.

Proclamations, by copies printed by the Queen's printer (8 & 9 Vict. c. 113, s. 1), or orders of the Privy Council, by same copies (see 31 & 32 Vict. c. 37, p. 102).

Acts of parliament, public, by copy.

Private, local and personal acts, by copy (8 & 9 Vict. c. 113, s. 3).

Orders in council, by the London Gazette, or by a certified copy
(The Contagious Diseases (Animals) Act (32 & 33 Vict. c. 70)
contains special provisions for the orders, regulations, &c. made
under it, viz. :-Order of Privy Council to be published in
Gazette, and insertion of a notice thereof in local paper to be
sufficient publication (s. 81); order or regulation of local autho-
rity made under act or under order of Privy Council, by copy of
newspaper or by a printed copy of order or regulation pur-
porting to be certified by the clerk of local authority (s. 84):
certificate of inspector evidence of disease (s. 33), as well as is
order of local authority or of Privy Council (s. 43); record of
animals ordered to be slaughtered to be evidence of order
(s. 74)).

Judgments and verdicts, by certified copy under seal of the Record
Office (1 & 2 Vict. c. 94, ss. 12, 13);

Proceedings of Inrolment Office in Chancery, by sealed and
certified copies (12 & 13 Vict. c. 109, ss. 13, 17);

Bankruptcy proceedings and proceedings at meetings of creditors, by minute signed by chairman and copies sealed with seal of court, or purporting to be signed by judge (32 & 33 Vict. c. 71, ss. 106-109; Reg. v. Thomas, 22 Law T., N. S. 138; 11 Cox, C. C. 535); of adjudication, by copy of London Gazette (s. 10); closing bankruptcy (ss. 47, 49), or annulling it (s. 81); of appointment of trustee (ss. 18, 125); of resolution of creditors (s. 127; of general rules made by lord chancellor (s. 78);

County Court proceedings, by a copy of the entries in the Public judi-
registrar's books, under seal of court, certified by the re-
cial writings.
gistrar (9 & 10 Vict. c. 95, s. 111; 12 & 13 Vict. c. 101;
13 & 14 Vict. c. 61; 15 & 16 Vict. c. 54; and 19 & 20 Vict.
c. 108).

Former conviction or acquittal on indictment, by certificate or
copy of record under the hand of the clerk of the court (7 & 8
Geo. 4, c. 28, s. 11; 24 & 25 Vict. c. 96, s. 116; 14 & 15 Vict.
c. 99, s. 13), or by clerk to justices (28 Vict. c. 18, s. 6), or
deputy clerk of the peace (Reg. v. Parsons, 35 L. J. (N. S.)
M. C. 167; 14 Law T., N. S. 450; 34 & 35 Vict. c. 112, s. 18).
[In cases of perjury see 14 & 15 Vict. c. 100, s. 22.]

Former conviction or acquittal in summary convictions; conviction or a copy certified by clerk of peace as filed (24 & 25 Vict. c. 96, s. 112; c. 97, s. 70; 5 Geo. 4, c. 83, s. 17; 9 Geo. 4, c. 61, s. 33; c. 69, s. 8), or by clerk to justices (28 Vict. c. 18, s. 6; 34 & 35 Vict. c. 112, s. 18); acquittal, minute thereof or certificate of dismissal (11 & 12 Vict. c. 43, s. 14; 10 & 11 Vict. c. 82, ss. 1, 3; 18 & 19 Vict. c. 126, s. 12; 24 & 25 Vict. c. 100, ss. 44, 45).

Chancery proceedings:

Writs, by their production.

Rules of Court, by office copies.

A judge's order, by an office copy, or of the rule making it a
rule of court.

Affidavits, by originals or by office or examined copies.
Orders of justices, the originals to be produced.

Depositions before magistrates in criminal cases, signed by the witness and magistrate, when the witness is either dead or so ill as not to be able to attend the trial (11 & 12 Vict. c. 42, s. 17; 30 & 31 Vict. c. 35, s. 6); see further thereon, Vol. II. Part II., Chap. I., post. If lost, proof by copy certified by magistrate's clerk (see 14 & 15 Vict. c. 99, s. 14). [Supposing, however, the depositions not to have been completed and signed, the accused being discharged, the minutes taken by the clerk from the witness's own mouth would be evidence in ulterior proceedings.]

Prisoner's statement in answer to an indictable charge (see 11 & 12 Vict. c. 42, s. 18), it not being necessary to be signed by the accused.

Depositions before coroners, the originals signed by the coroner and the handwriting proved.

Depositions under commissions: as to India, 13 Geo. 3, c. 63,

ss. 40, 44; other colonies, 1 Will. 4, c. 22, ss. 4, 5, 7, 10; foreign courts, 19 & 20 Vict. c. 113, and 22 Vict. c. 20.

Orders of the superior courte, the original signed by the judge; the rules, by an office copy (see also 12 & 13 Vict. c. 109, & 13,.

Certificates of records of former convictions on indictments (7 & 8 Geo. 4, c. 28, s. 11; 24 & 25 Vict. c. 96, s. 116; 14 & 15 Vict. c. 99, s. 13; 14 & 15 Vict. c. 100, s. 22; 28 Vict. e. 18, s. 6; 34 & 35 Vict. c. 112, s. 18).

Declarations, &c. made under acts as to naturalization of aliens (33 & 34 Vict. c. 14, s. 12; 33 & 34 Vict. c. 102).

Certificate of chargeability of paupers, if dated within twenty-one days previous to being offered in evidence (7 & 8 Vict. c. 101, s. 69; 11 & 12 Vict. c. 110, s. 11).

Documents and rates of local boards of health (see 11 & 12 Vict. c. 63, ss. 35, 106).

Orders and rules of inferior courts, by a certified copy if in the nature of a record; if not, by the original books, of which no secondary evidence is allowed.

Probates of wills, by the originals; or a certified copy sealed (see 20 & 21 Vict. c. 77, s. 62).

Awards, by first proving agreement for the reference; but if sub-
mission be by a rule of court, &c., produce rule or order, and
then prove award.

Awards under Inclosure Acts (see 9 & 10 Vict. c. 70; 10 & 11
Vict. c. 111; 11 & 12 Vict. c. 99, &c.).

Adoption of Local Government Act, by London Gazette, &c. (21
& 22 Vict. c. 98, s. 22).

By "The Documentary Evidence Act, 1868," 31 & 32 Vict. c. 37, provisions are provided in addition to the powers of proving documents given by any existing statute or existing at common law :

By s. 2, "Prima facie evidence of any proclamation, order or
regulation issued before or after the passing of this act by
her Majesty, or by the privy council, also of any proclama-
tion, order or regulation issued before or after the passing of
this act by or under the authority of any such department of
the government or officer as is mentioned in the first column
of the schedule hereto, may be given in all courts of justice,
and in all legal proceedings whatsoever, in all or any of the
modes hereinafter mentioned; that is to say:-
"(1.) By the production of a copy of the Gazette' purport-

ing to contain such proclamation, order or regulation.

66

"(2.) By the production of a copy of such proclamation, Public judi-
order or regulation purporting to be printed by the cial writings.
government printer, or, where the question arises in a
court in any British colony or possession, of a copy pur-
porting to be printed under the authority of the legisla-
ture of such British colony or possession.

(3.) By the production, in the case of any proclamation,
order or regulation issued by her Majesty or by the privy
council, of a copy or extract purporting to be certified
to be true by the clerk of the privy council or by any
one of the lords or others of the privy council, and, in the
case of any proclamation, order or regulation issued by
or under the authority of any of the said departments or
officers, by the production of a copy or extract purport-
ing to be certified to be true by the person or persons
specified in the second column of the said schedule in
connexion with such department or officer.

Any copy or extract made in pursuance of this act may be in
print or in writing, or partly in print and partly in writing.
"No proof shall be required of the handwriting or official position
of any person certifying, in pursuance of this act, to the truth
of any copy of or extract from any proclamation, order, or
regulation."

The Commissioners of the Trea- Any Commissioner, Secretary or Assistant

Committee of Privy Council for Any Member of the Committee of Privy

Trade.

The Poor Law Board.

Council for Trade or any Secretary or
Assistant Secretary of the said Com-
mittee.

Any Commissioner of the Poor Law Board
or any Secretary or Assistant Secretary
of the said Board.