The Law of Evidence

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...the Crown; proclamations for reprisals, public peace, or quarantine (R. v. Holt, 5 T. R. 443; A.-G. v. Theakstone, 8 Pri. 89; Quelch's Case, 8 St. Tr. 212); articles of capitulation for the surrender of an island (Picton's Case, 30 How. St. Tr. 493); but it is not evidence of acts of public officials, having slight or no reference to the affairs of Government--e.g., the grant of land to a subject (R. v. Holt, supra); an order in Council for the division of a parish (Greenwood v. Woodham, 2 M. & R. 363); or the appointment of an officer to the army (R. v. Gardner, 2 Camp. 513; but see now The Army Act, 1881, s. 163, sub-s. d). By Statute, the Gazette is expressly rendered evidence of various public matters. Thus, by the Documentary Evidence Act, 1868, s. 2, amended by the Documentary Evidence Act, 1882, s. 2, the Gazette is made primd facie evidence of any proclamation, order, or regulation issued by Her Majesty, the Privy Council, or any of the principal departments of State. So, by the Bankruptcy Act, 1883, s. 132, sub-s. 1, a copy of the London Gazette containing' any notice inserted therein in pursuance of the Act, is evidence of the facts stated in the notice; and the production of such copy containing any notice of a receiving, or adjudication order is conclusive evidence of the validity and date of such order even against persons not parties to the bankruptcy proceedings (Ex parte Learoyd, 10 Ch. D. 3, Powell, 347). This does not apply, however, to proceedings impeaching the adjudication (Ex parte Geisel, 22 Ch. D. 436). So, Orders in Council under the Extradition Act, 1870, become, on being published in the London Gazette, conclusive evidence that the arrangements therein referred to comply with the Act, and that the Act...