III. This Act shall not extend or apply to the assumption or use by any bishop of the Protestant Episcopal Church in Scotland exercising episcopal functions within some district or place in Scotland of any name, style, or title in respect of such district or place; but nothing herein contained shall be taken to give any right to any such bishop to assume or use any name, style, or title which he is not now by law entitled to assume or use.

IV. Be it enacted, that nothing herein contained shall be construed to annul, repeal, or in any manner affect any provision contained in an Act passed in the 8th year of the reign of her present Majesty, intituled "An Act for the more effectual application of Charitable Donations and Bequests in Ireland."

ACT of the British Parliament, "for the Settlement of the Boundaries between the Provinces of Canada and New Brunswick."

[14 & 15 Vict. cap. 63.]

[August 7, 1851.]

WHEREAS certain disputes have existed respecting the boundary line between the provinces of Canada and New Brunswick in North America; and pending such disputes certain funds have arisen from the disputed territory, and have been received by the Governments of such provinces respectively: And whereas, with a view to the settlement of such disputes, the Governor-General of Canada and the Lieutenant-Governor of New Brunswick, by the advice of their respective Councils, agreed that the matter in dispute should be referred to arbitrators, who should be directed to report to Her Majesty's Government, and that such Governor-General and Lieutenaut-Governor should each name an arbitrator on behalf of the said respective provinces, and that such arbitrators should name a third arbitrator, the award to be made by the 3 arbitrators or any 2 of them; and it was also agreed by such Governor-General and Lieutenant-Governor, with the advice aforesaid, that the net proceeds of the funds in the hands of the said Governments arising from the disputed territory should be applied, first, to defray the expenses of the arbitration, second, to defray the necessary expenses of running the (boundary) line as settled (in case such funds should prove insufficient, the expenses to be borne equally by the respective Governments), and, third, the balance of such funds to the improvement of the land and water communication between the Great Falls of the Saint John and the Saint Lawrence: And whereas, in pursuance of the agreement in this behalf, the Governor-General of

Canada named Thomas Falconer, Esquire, to be one of the said arbitrators, and the Lieutenant-Governor of New Brunswick named Travers Twiss, Doctor of Laws, to be another of the said arbitrators, and the said Thomas Falconer and Travers Twiss named the Right Honourable Stephen Lushington, Judge of the Admiralty Court, to act as the third arbitrator: And whereas, on the 17th day of April, 1851, the said Stephen Lushington and Travers Twiss made an award concerning the said boundary, and transmitted the same, together with a plan therein referred to, to the Right Honourable Earl Grey, one of Her Majesty's Principal Secretaries of State, and such award is in the following terms:

"That New Brunswick shall be bounded on the west by the boundary of The United States, as traced by the Commissioners of Boundary under the Treaty of Washington, dated August, 1842, from the source of the Saint Croix to a point near the outlet of Lake Pech-la-wee-kaa-co-nies or Lake Beau, marked A. in the accompanying copy of a part of Plan 17 of the survey of the boundary under the above Treaty; thence by a straight line connecting that point with another point to be determined at the distance of 1 mile due south from the southernmost point of Long Lake; thence by a straight line drawn to the southernmost point of the fiefs Madawaska and Temiscouata, and along the south-eastern boundary of those fiefs to the south-east angle of the same; thence by a meridional line northwards till it meets a line running east and west, and tangent to the height of land dividing waters flowing into the River Rimouski from those tributary to the Saint John; thence along this tangent line eastward until it meets another meridional line tangent to the height of land dividing waters flowing into the River Rimouski from those flowing into the Restigouche River; thence along this meridional line to the 48th parallel of latitude; thence along that parallel to the Mistouche River; and thence down the centre of the stream of that river to the Restigouche; thence down the centre of the stream of the Restigouche to its mouth in the Bay of Chaleurs; and thence through the middle of that bay to the Gulf of the Saint Lawrence; the islands in the said Rivers Mistouche and Restigouche to the mouth of the latter river at Dalhousie being given to New Brunswick :" And whereas it is expedient that the said boundary should be settled in conformity with the said award: Now, therefore, 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:

I. New Brunswick shall be bounded as in the said award mentioned; and it shall be lawful for one of Her Majesty's Principal Secretaries of State to appoint such person or persons as he may

think fit to ascertain, define, and mark the boundary line between the said province of New Brunswick and the said province of Canada, according to the intent of the said award.

II. The net proceeds of the funds in the hands of the local Governments of the said provinces of Canada and New Brunswick respectively arising from the territory heretofore in dispute between such provinces shall be applied according to the terms hereinbefore mentioned of the said agreement concerning the same.

ACT of the British Parliament "to amend the Law of Evidence." [Production of Treaties and Official Documents in Courts of Law, &c.]

[14 & 15 Vict. cap. 99.]

[August 7, 1851.]

WHEREAS it is expedient to amend the Law of Evidence in divers particulars: Be it therefore 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:

years

of

I. So much of Section I of the Act of the 6th and 7th Her present Majesty, chapter 85, as provides that the said Act shall "not render competent any party to any suit, action, or proceeding individually named in the record, or any lessor of the plaintiff, or tenant of premises sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in replevin may make cognizance, or any person in whose immediate and individual behalf any action may be brought or defended, either wholly or in part," is hereby repealed.

II. On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence, the parties thereto, and the persons in whose behalf any such suit, action, or other proceeding may be brought or defended, shall, except as hereinafter excepted, be competent and compellable to give evidence, either viva voce or by deposition, according to the practice of the court, on behalf of either or any of the parties to the said suit, action, or other proceeding.

III. But nothing herein contained shall render any person who, in any criminal proceeding, is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question

tending to criminate himself or herself, or shall in any criminal proceeding render any husband competent or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband.

IV. Nothing herein contained shall apply to any action, suit, proceeding, or bill in any court of common law, or in any ecclesiastical court, or in either House of Parliament, instituted in consequence of adultery, or to any action for breach of promise of marriage.

V. Nothing herein contained shall repeal any provision contained in chapter 26 of the statute passed in the session of Parliament holden in the 7th year of the reign of King William the Fourth and the first year of the reign of Her present Majesty.

VI. Whenever any action or other legal proceeding shall henceforth be pending in any of the superior courts of common law at Westminster or Dublin, or the Court of Common Pleas for the county palatine of Lancaster, or the Court of Pleas for the county of Durham, such court and each of the judges thereof may respectively, on application made for such purpose by either of the litigants, compel the opposite party to allow the party making the application to inspect all documents in the custody or under the control of such opposite party relating to such action or other legal proceeding, and, if necessary, to take examined copies of the same, or to procure the same to be duly stamped, in all cases in which, previous to the passing of this Act, a discovery might have been obtained by filing a bill or by any other proceeding in a court of equity at the instance of the party so making application as aforesaid to the said court or judge.

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.

VIII. Every certificate of the qualification of an apothecary which shall purport to be under the common seal of the Society of the art and mystery of Apothecaries 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.

IX. 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 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 Ireland, or before any person having in Ireland 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.

X. 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