v. Chaplin, 10 C. B. 356, 1850. See Dixon, 1768, and Bate v. Kinsey. But a partner must produce his counterpart of the partnership deed, for it is his property and it is immaterial that its production would be a breach of his confidential relations with his partners: Daye, above, applied; but not, it seems, the deed in the joint possession of himself and his partners who are not all before the court, if one of them objects -nor, on the same ground, letters and copies of letters between his firm and their correspondent: see_Letters. Forbes v. Samuel, 1913, 3 K. B. at 722 and 724; 82 L. J. K. B. 1135; 109 L. T. 599; 29 T. L. R. 544: a penal action.

A public document is one recording facts which have been inquired into or taken notice of for the benefit of the public by an agent authorised and accredited for the purpose': Sweet, Law. Dict., Document,' founded on L. Blackburn's definition in Sturla v. Freccia, 5 App. C. 643, 1880; speaking of an ecclesiastical entry, he said: 'I do not think that 'public' there is to be taken in the sense of meaning the whole world. I understand a public document there to mean a document that is made for the purpose of the public making use of it and being able to refer to it. It is meant to be where there is a judicial or quasi-judicial duty to inquire. .' The phrase-undefined-occurs in s. 4 (2) of the Forgery A. 1913. Consequently records kept by the Post Office to show at what time telegrams are received and sent out are not public documents: Heyne v. Fischel, 110 L. T. 264; 30 T. L. R. 190, 1913. There is a convenient table of public documents and their mode of proof in Stephen, Dig. Ev. 6th ed. Appendix. The code of evidence to prove bankruptcy proceedings is a good example of the prevailing method of dealing with this subject.

Proof of Acts of Parliament, &c.] Every A. of Parliament made since 1850 is deemed to be a public A., and is to be judicially noticed as such, unless the contrary be expressly declared. 52-3 V. 63, 9, Interpretation A. 1889. Hence the courts will take notice of public Acts of Parliament, without their being specially proved. Where there was a clause declaring that it should be taken to be a public A., and should be taken notice of as such by all judges, &c., without being specially pleaded, it was not necessary to prove a copy examined with the Parliament roll, or a copy printed by the king's printer, but it stood on the same footing as a public A. Beaumont v. Mountain, 10 Bing. 404, 1834; Woodward v. Cotton, 4 Tyr. 689; 1 C. M. & R. 44, 1834; see also Forman v. Dawes, Carr. & M. 127, 1841. But such a clause in a private A. did not give the statute the effect of a public A. to bind strangers; the facts recited may be conclusive between the parties, such an A. being a mere contract between individuals. Brett v. Beales, Moo. & M. 416, 1829.

King's printer's copies-England and Ireland] By 41 G. 3, 90, 9, the statutes of England and of Great Britain since the union with Scotland, printed by the king's printer, shall be received as conclusive evidence of the statutes enacted before the union of Great Britain and Ireland, in any court of civil or criminal jurisdiction in Ireland; ' and in like manner the copy of the statutes of the kingdom of Ireland,' made in the Parliament of the same, printed by the king's printer, 'shall be received as conclusive evidence' of the statutes enacted by the Parliament of Ireland before the union of Great Britain and Ireland, in any court of civil or criminal jurisdiction in Great Britain.

'Where the accuracy of printed copies is questioned, the Parliament roll itself is consulted: Phips. 521; as by the judges in Casement, 12 Cr. A. R. at 108, 1916; or on their behalf: Nott, 4 Q. B. 776, 1843. In Layer, at 202, 1722, the A.-G. and other counsel produced 'examined' copies; in L. Preston, at 661, a solicitor produced a copy he had himself examined at the Tower.

Statutes, &c., of British possessions and protectorates, including Cyprus] if purporting to be printed by the Government printer, are evidence by 7 E. 7, 16, the Evidence (Colonial Statutes) A. 1907, which saves 28-9 V. 63, s. 6 of which puts the certificate of the clerk, &c. of their legislatures and the proclamation of the colonial governor of the royal assent or 'disallowance' in the same position.

Sealing, stamping] By 8-9 V. 113, an Act to facilitate the admission in evidence of certain official and other documents,' s. 1: '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, byelaw, 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.'

Judges' signatures] 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.'

Statutes not public] S. 3, 'All copies of private and local and personal Acts of Parliament, not public Acts, if purporting to be printed by the Queen's printers, and all copies of the journals of either house of parliament, and of royal proclamations, purporting to be printed by the printers to the Crown, or by the printers to either house of parliament [or under the superintendence or authority of Her Majesty's Stationery Office, 45 V. 9, 2], or by any or either of them, shall be admitted as evidence thereof by all courts, judges, justices, and others, without any proof being given that such copies were so printed.'

The unrepealed part of s. 4 is set out under Forgery.

The proviso to s. 4 is: that whenever any such document as before mentioned shall have been received in evidence by virtue of this Act, the court, judge, commissioner, or other person officiating judicially, who shall have admitted the same, shall, on the request of any party against whom the same is so received, be authorised at its, or at his

own discretion, to direct that the same shall be impounded, and be kept in the custody of some officer of the court, or other proper person, until further order touching the same shall be given, either by such court, or the court to which such master or other officer belonged, or by the person or persons who constituted such court, or by some one of the equity or common law judges of the superior courts at Westminster, on application being made for that purpose.'

Colonial and foreign acts of state, &c.] By 14-15 V. 99, 7: ‘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 any 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 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.'

Apothecaries] By s. 8, certificates of the qualification of an apothecary, under the common seal of the London Society of Apothecaries, shall be received in evidence without any proof of the said seal, or of the authenticity of the said certificate, and shall be deemed sufficient proof' of qualification.

Documents in England, Ireland, and colonies] By ss. 9, 10, provision is made for the admission in Ireland of documents in force in England or Wales and vice versâ; and by s. 11, for that of all those in the colonies (rpd. in British India, 38-9 V. 66: S.L.R.).

Acquittal or conviction] S. 13: 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, it 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

Certificates, Copies, &c.

189

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.' In 1730 the K. B. held that the record of an acquittal on indictment brought up by the keeper of the records at the Old Bailey would not be evidence on the appeal for the same crime: Castell v. Bambridge; but in 1794 minutes of an acquittal were accepted instead of the record: Horne Tooke, at 447 and 449. For 'person,' see below and Mash v. Darley.

Books and documents] S. 14: '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.'

Where a certificate from the proper officer, not purporting to be an examined copy, was produced by a witness who had got it from that officer, and had himself compared it with the original register, and found it correct, the contents were considered by the C. for C. C. R. to be proved. Manwaring, 1856.

Falsification of copies] S. 15: If any officer authorised or required by this Act to furnish any certified copies or extracts, shall wilfully certify any document as being a true copy or extract, knowing that the same is not a true copy or extract, as the case may be, he shall be guilty of a misdemeanour, and be liable upon conviction to imprisonment for any term not exceeding eighteen months.'

Power to administer oath] S. 16: 'Every court, judge, justice, officer, commissioner, arbitrator, or other person, now or hereafter having by law or consent of parties, authority to hear, receive, and examine evidence, is hereby empowered to administer an oath to all such witnesses as are legally called before them respectively.'

By 31-2 V. 37, 2, ‘Prima facie evidence of any proclamation, order, or regulation by the Crown, Privy Council, the Commissioners of the Treasury, or for the office of Lord High Admiral, Secretaries of State, trade committee of the Privy Council [the Local Government Board, the Education Department, the Postmaster-General, the Board of Agriculture-by subsequent statutes, for which see Phips. 523], may be given in all legal proceedings either by (1) the production of a copy of the Gazette containing such proclamation, &c., or (2) a copy of the proclamation, &c., authoritatively printed, or (3) in cases of proclamations, &c., by the Crown or Privy Council, &c., by an authoritatively certified copy or extract, which may be in print or writing, and no evidence of the handwriting of the person certifying (who in