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EVIDENCE ACT 1845

EVIDENCE ACT 1845 - LONG TITLE

An Act to facilitate the Admission in Evidence of certain official
and other Documents.{1}
[8th August 1845]
Preamble rep. by SLR 1891[

EVIDENCE ACT 1845 - SECT 1
Certain documents purporting to be sealed, signed, &c. to be
received in evidence without proof of seal or signature, &c. of
person signing the same, where the original record could have been
received.

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, bye law, 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.

EVIDENCE ACT 1845 - SECT 2
Courts, &c. to take judicial notice of signatures of equity or
common law judges, attached to decrees, &c.

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.

EVIDENCE ACT 1845 - SECT 3
Queen's printers copies of private Acts, &c. admissible.

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 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.

EVIDENCE ACT 1845 - SECT 4
Persons printing any private Act, &c. with false purport, guilty of
felony.

4. Provided always, that... if any person shall print any copy of
any private Act or of the journals of either House of Parliament,
which copy shall falsely purport to have been printed by the
printers to the crown, or by the printers to either House of
Parliament, or by any or either of them, of if any person shall
tender in evidence any such copy, knowing that the same was not
printed by the person or persons by whom it so purports to have
been printed, every such person shall be guilty of [an offence and
shall, on conviction on indictment, be liable to imprisonment for a
term not exceeding] seven years.... Provided also, 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 authorized, 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 persons or person 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.

Ss.6, 7 rep. by SLR 1875