and sentence or order for the transportation of such offender; and every such certificate, if made by the clerk or officer of any court in Great Britain, shall be received in evidence, upon proof of the signature and official character of the person signing the same; and every such certificate, if made by the clerk or officer of any court out of Great Britain, shall be received in evidence, if verified by the seal of the court, or by the signature of the judge or one of the judges of the court, without further proof. See R. v. Jones, 2 Car. & K. 524.

2. As proof of a former conviction, upon an indictment for a subsequent felony, it is enacted by stat. 7 & 8 G. 4, c. 28, s. 11, that a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the previous felony, purporting to be signed by the clerk of the court or other officer having the custody of the records of the court where the offender was first convicted, or by the deputy of such clerk or officer (for which certificate a fee of 68. 8d. and no more shall be demanded or taken), shall upon proof of the identity of the person of the offender, be sufficient evidence of the first conviction, without proof of the signature or official character of the person appearing to have signed the same. Where the certificate under the statute stated that the prisoner had been indicted and convicted, but did not state the judgment, Cresswell, J., held it to be insufficient. R. v. Ackroyd et al., 1 Car. & K. 158.

3. As proof of a previous acquittal or conviction, it is enacted by stat. 14 & 15 Vict. c. 99, s. 13, that whenever, in any proceeding whatever, it may be necessary to prove the trial and conviction or acquittal of any person charged with any indictable offence, shall not be necessary to produce the record of the conviction or acquittal of such person, or a copy thereof, but it shall be sufficient that it be certified or purport to be certified under the hand of the clerk of the court or other officer having the custody of the records of the court where such conviction or acquittal took place, or by the deputy of such clerk or other officer, that the paper produced is a copy of the record of the indictment, trial, conviction, and judgment, or acquittal, as the case may be, omitting the formal parts thereof. It seems therefore that the record for this purpose must be made up, although the formal parts need not be included in the certificate.

Matters quasi of record.] Bill, answer, depositions, and decree in a court of equity, are proved by examined copies. Gilb. Ev. 49,50,56. So, libel, answer, depositions and sentence in the ecclesiastical courts, are proved by examined copies. Gilb. Ev.66,67. And the same as to proceedings in the Admiralty court. Com. Dig. Evidence, C. 1.

As to evidence of proceedings in the county courts: by stat. 9

& 10 Vict. c. 95, s. 111, the entries in the clerk's book, or a copy thereof bearing the seal of the court, and purporting to be signed and certified as a true copy by the clerk of the court, shall at all times be admitted in all courts and places whatsoever, as evidence of such entries and of the proceedings referred to by the same, and of the regularity of such proceedings, without further proof.

The proceedings of other inferior courts, such as the court baron, &c., are usually proved, by producing the books in which they are entered, and proving them by the clerk of the court; or, it seems, they may be proved by examined copies. See Gilb. Ev. 74. 20. Com. Dig. Evidence, C. 1.

As to judgments, &c., in foreign courts:- By stat. 14 & 15. Vict. c. 99, s. 7, 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 purporting 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; which copies shall be admitted in evidence, without any proof of the seal or signature, or of the judicial character, of the person appearing have made such signature and statement.

As to documents signed by the judges in this country:by stat. 8 & 9 Vict. c. 113, s. 2, all courts, judges, justices, masters in chancery, masters of courts, commissioners judicially acting, and other judicial officers, shall henceforth take judicial notice of the signature of any of the equity or common law judges of the superior courts at Westminster, provided such signature be attached or appended to any decree, order, certificate, or other judicial or official document.

All copies of the journals of either house of parliament, purporting to be printed by the printers of the crown, or by the printers to either house of parliament, shall be admitted as evidence thereof, by all courts, judges, justices, and others, without any proof being given that such copies were so printed. 8 & 9 Vict. c. 113, s. 3.

As to proceedings in the court of bankruptcy :-by stat. 12 & 13 Vict. c. 106, s. 236, any fiat, petition for adjudication of bankruptcy, petition for arrangement between a debtor and his creditors, assignment, appointment of assignees, certificate, deposition, or other proceeding or order in bankruptcy, or

under any such petition for arrangement, appearing to be sealed with the seal of the court,-or any writing purporting to be a copy of any such document and purporting to be so sealed, shall at all times and on behalf of all persons, and whether for the purposes of this Act or otherwise, be admitted in all courts whatever as evidence of such documents respectively, and of such proceedings and orders having respectively taken place or been made, and be deemed respectively records of the court, without any other proof thereof. And by sect. 237, 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 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.

Proceedings in the insolvent court (petition, schedule, order of adjudication, &c.) may be proved by an office copy, purporting to be signed by the officer in whose custody the proceedings are, and to be sealed with the seal of the court, without other proof. 1 & 2 Vict. c. 110, s. 105.

Other Public Documents.] Inquisitions may be proved by examined copies, or the originals may be produced. See Arch. Pl. & Ev. Civ. Act. 408, 409.

The Gazette, printed and published by the Queen's printer, is evidence of all acts of state. 5 T. R. 436.

Royal proclamations, purporting to be printed by the printers to the crown, or by the printers to either house of parliament, shall be admitted as evidence thereof by all courts, judges, justices, and others, without any proof being given that such copies were so printed. 8 & 9 Vict. c. 113, s. 3.

So, the articles of war may be proved by the copy printed and published by the Queen's printer. 5 T. R. 442, 446. See 4 B. & C. 304.

As to the rules of the poor law commissioners :-by stat. 7 & 8 Vict. c. 101, s. 71, a copy of any rule, order, or regulation made by the said commissioners, printed by the Queen's printer, shall, after the lapse of fourteen days from the date thereof, be received in evidence, and judicially taken notice of, and shall, until the contrary be shown, be deemed sufficient proof that such order was duly made, and is in force. Registers of baptisms, marriages, and burials, may be proved by the register itself, or by an examined copy of it. Gilb. Ev. 72.

As to ships' registers :-by stat. 14 & 15 Vict. c. 99, s. 12, every register of a vessel kept under any of the Acts relating to the registry of British vessels, 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,→

h

either by the production of the original,—or by an examined copy thereof,-or by a copy thereof purporting to be certified under the hand of the person having the charge of the original, and which person is hereby required to furnish such certified copy to any person applying at a reasonable time for the same, upon payment of the sum of one shilling; and every such register or copy,—and also every certificate of registry, granted under any of the acts relating to the registry of British vessels, and purporting to be signed as required by law,shall be received in evidence in any court of justice, &c., as prima facie proof of all the matters contained or recited in such register, and of all the matters contained or recited in or endorsed on such certificate of registry, respectively.

As to proceedings of corporations or public companies :-by stat. 8 & 9 Vict. c. 113, s. 1, after reciting that it is provided by many statutes that various certificates, official and public documents, documents and proceedings of corporations and of joint stock and other companies, and certified copies of documents, bye-laws, entries in registers and other books, shall be receivable in evidence of certain particulars in courts of justice, provided they be respectively authenticated in the manner prescribed by such statutes; and that the beneficial effect of these provisions has been found by experience to be greatly diminished by the difficulty of proving that the said documents are genuine; and that it is expedient to facilitate the admission in evidence of such and the like documents:-it is enacted, that whenever by any Act now in force or hereafter to be in force, any certificate, official or public document, or document or proceeding of any corporation or joint stock or other company, or any certified copy of any document, bye-law, entry in any register or other book, or of any other proceeding, shall be receivable in evidence of any particular in any court of justice, or before any legal tribunal, or either house of parliament, or any committee of either house, or in any judicial proceeding, the same shall respectively be admitted in evidence, provided they respectively purport to be sealed or impressed with a stamp, or sealed and signed, or signed alone, as required, or impressed with a stamp and signed, as directed by the respective Acts made or to be hereafter made, without any proof of the seal or stamp, where a seal or stamp is necessary, or of the signature or of the official character of the person appearing to have signed the same, and without any further proof thereof, in every case in which the original record could have been received in evidence.

And by stat. 14 & 15 Vict. c. 99, s. 10, 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 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 in England or Wales, or before any person having in England or Wales 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.

And lastly, the entries in corporation books, and in the books of public offices and companies, such as the books of the Custom House, Bank, East India Company, South Sea Company, and the like, relating to matters public and general, may be proved by examined copies. 1 Str. 93. 307. 2 Id. 954. 1005. Hardw. 128. 2 Ld. Raym. 851. 2 Doug. 593 n. 3. Peake, 43. 4 Taunt. 787. And this is now fully confirmed by stat. 14 & 15 Vict. c. 99, s. 14, by which it is enacted that whenever any book or other document is of such a public nature, as to be admissible in evidence on its mere production from the proper custody, and no statute exists which renders its contents provable by means of a copy,-any copy thereof or extract therefrom shall be admissible in evidence in any court of justice, or before any person now or hereafter having by law or by consent of parties authority to hear, receive, and examine evidence,-provided it be proved to be an examined copy or extract,- —or provided it purport to be signed and certified as a true copy or extract by the officer to whose custody the original is intrusted, and which officer is hereby required to furnish such certified copy or extract to any person applying at a reasonable time for the same, upon payment of a reasonable sum for the same, not exceeding fourpence for every folio of ninety words.

Depositions of witnesses deceased or unable to travel.] By stat. 11 & 12 Vict. c. 42, s. 17, after directing justices to take the statement on oath or affirmation of the witnesses against a person charged before them with an indictable offence, as mentioned ante, p. 35,—it is enacted, that if afterwards upon the trial of the person accused, it shall be proved, by the oath or affirmation of any credible witness, "that any person whose deposition shall have been so taken as aforesaid, is dead, or so ill as not to be able to travel,-and if also it be proved that such deposition was taken in the presence of the person so accused, and that he or his counsel or attorney had a full opportunity of cross-examining the witness,-then, if such deposition purport to be signed by the justice, by or before whom the same purports to have been taken, it shall be lawful to read such deposition as evidence in such prosecution, without further proof thereof, unless it shall be proved that such deposition was not in fact signed by the justice purporting to sign