Documentary Evidence Act 1868

JurisdictionUK Non-devolved


Documentary Evidence Act, 1868

(31 & 32 Vict.) C A P. XXXVII.

An Act to amend the Law relating to Documentary Evidence in certain Cases.

[25th June 1868]

W HEREAS it is expedient to amend the Law relating to Evidence: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

S-1 Short Title.

1 Short Title.

1. This Act may be cited for all Purposes as ‘TheDocumentary Evidence Act, 1868.’

S-2 Mode of proving certain Documents.

2 Mode of proving certain Documents.

2.Prim 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 Proclamation, 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 herein-after mentioned; that is to say:

(1) (1.) By the Production of a Copy of the Gazette purporting to contain such Proclamation, Order, or Regulation.

(2) (2.) By the Production of a Copy of such Proclamation, Order, or Regulation purporting to be printed by the Government Printer, or, where the Question arises in a Court in any British Colony or Possession, of a Copy purporting to be printed under the Authority of the Legislature of such British Colony or Possession.

(3) (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 purporting to be certified to be true by the Person or Person 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.

S-3 Act to be in force in Colonies.

3 Act to be in force in Colonies.

3. Subject to any Law that may be from Time to Time made by the Legislature of anyBr...

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