to officers. 28. Subject to the provisions of this Act providing for the award of Indemnity damages in certain cases in respect of the seizure or detention of a ship by the Court of Admiralty no damages shall be payable, and no officer or local authority shall be responsible, either civilly or criminally, in respect of the seizure or detention of any ship in pursuance of this Act. 29. The Secretary of State shall not, nor shall the chief executive Indemnity to authority, be responsible in any action or other legal proceedings Secretary of whatsoever for any warrant issued by him in pursuance of this Act, or be executive examinable as a witness, except at his own request, in any court of justice in respect of the circumstances which led to the issue of the warrant. Interpretation Clause. authority. 30. In this Act, if not inconsistent with the context, the following Interpretation terms have the meanings herein-after respectively assigned to them; that of terms. is to say, 66 state:" Foreign state" includes any foreign prince, colony, province, or Foreign in or over any foreign country, colony, province, or part of Military service" shall include military telegraphy and any other "Military "Naval service" shall, as respects a person, include service as a “Naval marque: "United Kingdom includes the Isle of Man, the Channel Islands, "United Kingdom:" British possession" means any territory, colony, or place being "British "The Governor" shall as respects India mean the Governor General "Governor:" 66 Court of Court of Admiralty" shall mean the High Court of Admiralty of Ship" shall include any description of boat, vessel, floating "Ship:" or other craft or battery, made to move either on the surface Saving as to commissioned Foreign Enlistment. 33 & 34 VICT. c. 90, 1870. "Building" in relation to a ship shall include the doing any act Ship and equipment" shall include a ship and everything in or "Master" shall include any person having the charge or command of a ship. Saving Clauses. 32. Nothing in this Act contained shall subject to forfeiture any foreign ships. commissioned ship of any foreign state, or give to any British court over or in respect of any ship entitled to recognition as a commissioned ship of any foreign state any jurisdiction which it would not have had if this Act had not passed. Penalties not to extend to persons entering into military service in Asia. 59 G. 3. c. 69 s. 12. 33. Nothing in this Act contained shall extend or be construed to extend to subject to any penalty any person who enters into the military service of any prince, state, or potentate in Asia, with such leave or license as is for the time being required by law in the case of subjects of Her Majesty entering into the military service of princes, states, or potentates in Asia. Foreign Tribunals Evidence Act, 1856 19 & 20 Vict. c. 113 1646 LAW ASCERTAINMENT. British Law Ascertainment Act, 1859... 22 & 23 Vict. c. 63 4647 4649 6 & 7 Vict. c. 22, 1843. (Colonies) Evidence. 14 & 15 VICT. c. 99, 1851. GENERAL. THE (COLONIES) EVIDENCE ACT, 1843. c. 22. THE An Act to authorize the Legislatures of certain of Her 6 & 7 Vict. [ASSENTED TO 31ST MAY, 1843.] WHEREAS there are resident within the limits of or in countries (COLONIES) EVIDENCE Аст, 1843. ordinances adjacent to divers of the British colonies and plantations abroad various tribes of barbarous and uncivilized people, who, being destitute of the knowledge of God and of any religious belief, are incapable of giving evidence on oath in any court of justice within such colonies or plantations: And whereas doubts have arisen whether any laws which have been or which might be made by the legislatures of such colonies respectively to provide for the admissibility in such courts of the evidence. of such persons are not or would not be repugnant to the law of England, and therefore null and void; and it is expedient that such doubts should be removed: No law or ordinance made or to be made by Laws or the legislature of any British colony for the admission of the evidence made by the of any such persons as aforesaid in any court or before any magistrate legislatures within any such colony shall be or be deemed to have been null and void colonies for or invalid by reason of any repugnancy or supposed repugnancy of any the evidence such enactment to the law of England, but every law or ordinance made of certain or to be made by any such legislature as aforesaid, for the admission residing before any such court or magistrate of the evidence of any such persons therein as aforesaid on any conditions thereby imposed, shall have such and the same effect same effect, and shall be subject to the confirmation or disallowance of as any other her Majesty in such and the same manner, as any other law or ordinance ordinances enacted for any other purpose by any such colonial legislature. THE EVIDENCE ACT, 1851. An Act to amend the Law of Evidence.‡ [7TH AUGUST, 1851.] of British admission of persons shall have the laws or of any such legislature. 14 & 15 Vict. c. 99. THE EVIDENCE ACT, 1851.* of state, by certified of seal or 7.§ All proclamations, treaties, and other acts of state of any foreign Foreign and state or of any British colony, and all judgments, decrees, orders, and colonial acts other judicial proceedings of any court of justice in any foreign state judgments, or in any British colony, and all affidavits, pleadings, and other legal &c., provable documents filed or deposited in any such court, may be proved in any copies, court of justice, or before any person having by law or by consent of without proof parties authority to hear, receive, and examine evidence, either by signature, &c. examined copies or by copies authenticated as herein-after 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, * Short title given, 59 & 60 Vict. c. 14. Printed as amended by Statute Law Revision Acts, 1874 (No. 2) and 1893. Only such sections of this Act are printed as appear to be applicable to Queensland. The Act is printed as amended by Statute Law Revision Act, 1892. $ As to extension of section 7 to foreign country by Order in Council, see the Foreign Jurisdiction Act, 1890 (53 & 54 Vict. c. 37), s. 5, infra, title Jurisdiction. Documents seal, &c. in Interpretation 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 herein-before 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. 11.* 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, or 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 of any of the British colonies, or before any person having in any of such colonies 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. 66 19. The words British Colony' as used in this Act shall apply to of "British the islands of Guernsey, Jersey, Alderney, Sark, and Man, and to all other possessions of the British Crown, wheresoever and whatsoever. colony." EVIDENCE EVIDENCE (COLONIAL STATUTES) ACT, 1907. 7 Edw. 7 c. 16. An Act to facilitate the admission in evidence of statutes passed by the Legislatures of British possessions and protectorates, including Cyprus.† (COLONIAL STATUTES) Аст, 1907. Proof of statutes of British possessions. [21ST AUGUST, 1907.] BE it enacted by the King'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: any 1. (1.) Copies of Acts, ordinances, and statutes passed (whether before or after the passing of this Act) by the Legislature of British possession, and of orders, regulations, and other instruments issued or made, whether before or after the passing of this Act, under the authority of any such Act, ordinance, or statute, if purporting to be printed by the Government Printer, shall be received in evidence by all courts of justice in the United Kingdom without any proof being given that the copies were so printed. As to extension of section 11 to foreign country by Order in Council, see the Foreign Jurisdiction Act, 1890 (53 & 54 Vict. c. 37), s. 5, infra, title Jurisdiction. Only so much of the Act is printed as appears to be applicable to Queensland. 13 GEO. III. c. 63, 1772. East India Company. (2.) If any person prints any copy or pretended copy of any such Act, ordinance, statute, order, regulation, or instrument which falsely purports to have been printed by the Government Printer, or tenders in evidence any such copy or pretended copy which falsely purports to have been so printed, knowing that it was not so printed, he shall on conviction be liable to be sentenced to imprisonment with or without hard labour for a period not exceeding twelve months. (3.) In this Act— The expression "Government Printer" means, as respects any The expression "British possession" means any part of His Majesty's dominions exclusive of the United Kingdom, and, where parts of those dominions are under both a central and a local Legislature, shall include both all parts under the central Legislature and each part under a local Legislature. (4.) Nothing in this Act shall affect the Colonial Laws Validity 28 & 29 Vict. Act, 1865.* c. 63. 2. This Act may be cited as the Evidence (Colonial Statutes) Act, Short title. 1907. COMMISSIONS. THE EAST INDIA COMPANY ACT, 1772. An Act for establishing certain Regulations for the better Management of the Affairs of the East Indian Company, as well in India as in Europe.‡ The chancellor, or speaker of Commons, may issue warrants for the of witnesses be deemed 42.§ And in all cases of proceedings in Parliament touching any offences against this Act, or any other offences committed in India, it shall and may be lawful for the lord high chancellor or speaker of the the House of House of Lords, and also for the speaker of the House of Commons for the time being, in like manner to issue his or their warrant or warrants to the governor-general and council of the said united examination company's presidency of Fort William, and to the chief justice in India; and judges of the said Supreme Court of Judicature, or the judges of which shall the Mayor's Court at Madras, Bombay or Bencoolen, as the case may competent require, for the examination of witnesses; and such examination evidence to shall be returned to the said lord high chancellor or speaker of the of Parliament. House of Lords or to the speaker of the House of Commons respectively, and proceeded upon in the same manner in all respects as if the several directions herein-before prescribed and enacted in that behalf were again particularly repeated; and every such examination, returned either to the lord chancellor or speaker of the House of Lords, or to the speaker of the House of Commons as aforesaid, shall be deemed good and competent evidence, and shall be allowed and read in both houses of Parliament, or either of them respectively, as occasion may require, any law or usage to the contrary notwithstanding. * 28 & 29 Vict. c. 63, supra, title Constitution. Short title given, 59 & 60 Vict. c. 14. Printed as amended by Statute Law Revision Acts, 1887 and 1892. § Powers under this section extended to the colonies, and to all actions in the court at Westminster, by 1 Wm. IV. c. 22, s. 1, infra, this title. both houses |