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DOCUMENTARY EVIDENCE ACT 1868

DOCUMENTARY EVIDENCE ACT 1868 - LONG TITLE

An Act to amend the Law relating to Documentary Evidence in certain
Cases.{1}
[25th June 1868]
Preamble rep. by SLR 1893

DOCUMENTARY EVIDENCE ACT 1868 - SECT 1
Short title.

1. This Act may be cited for all purposes as "The Documentary
Evidence Act, 1868."

DOCUMENTARY EVIDENCE ACT 1868 - SECT 2
Mode of proving certain documents.

2. Prima8 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)By the production of a copy of the Gazette purporting to contain
such proclamation, order, or regulation.

(2)By the production of a copy of such proclamation, order, or
regulation, purporting to be printed by the Government printer,...

(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 persons
specified in the second column of the said schedule in connection
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.

DOCUMENTARY EVIDENCE ACT 1868 - SECT 4
Punishment for forgery, or knowingly tendering forged documents in
evidence.

4. If any person commits any of the offences following; that is to
say,

(1)Prints any copy of any proclamation, order, or regulation, which
falsely purports to have been printed by the Government printer, or
to be printed under the authority of the legislature of any British
colony or possession, or tenders in evidence any copy of any
proclamation, order, or regulation, which falsely purports to have
been printed as aforesaid, knowing that the same was not so
printed; or

Subs.(2) rep. by 1913 c.27 (3 & 4 Geo.5) s.20 sch. Pt.I

Interpretation.

DOCUMENTARY EVIDENCE ACT 1868 - SECT 5

5.(1) The following words shall in this Act have the meaning
hereinafter assigned to them, unless there is something in the
context repugnant to such construction; (that is to say,)

"British colony and possession" shall for the purposes of this Act
include the Channel Islands, the Isle of Man,... and all other Her
Majesty's dominions.

"Legislature" shall signify any authority, other than the Imperial
Parliament or Her Majesty in Council, competent to make laws for
any colony or possession.

"Privy Council" shall include Her Majesty in Council and the lords
and others of Her Majesty's Privy Council, or any of them, and any
committee of the Privy Council that is not specially named in the
schedule hereto.

"Government printer" shall mean and include the printer to Her
Majesty, and any printer purporting to be the printer authorized to
print the statutes, ordinances, acts of state, or other public acts
of the legislature of any British colony or possession, or otherwise
to be the Government printer of such colony or possession.

"Gazette" shall include the London Gazette, the Edinburgh Gazette,
and the [Belfast Gazette] or any of such Gazettes.

Subs.(2) inserted by SRO 1937/230 (Rev. vol. X p.545), rep. by
SL(R) 1976

DOCUMENTARY EVIDENCE ACT 1868 - SECT 6
Provisions of Act to be cumulative.

6. The provisions of this Act shall be deemed to be in addition
to, and not in derogation of, any powers of proving documents given
by any existing statute, or existing at common law.

Assistant Secretary of the Treasury.

executing the office ofLord High Admiral.Commissioners.

State.

for Trade.Secretary or Assistant Secretary of the

said Committee.

Law Board, or any Secretary or Assistant

Secretary of the said Board.