Official Documents Evidence Act 1860
Official Documents Evidence Act 1860
Official Documents Evidence Act 1860
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Official Documents Evidence Act 1860
Public Act |
1860 No 20 |
|
Date of assent |
27 October 1860 |
|
Contents
An Act to facilitate the admission in evidence of certain Official and other Documents.
Preamble.
WHEREAS it is expedient to facilitate the admission in evidence of certain Official and Public Documents:
Be it enacted by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows:—
I Short Title.
The Short Title of this Act shall be the “Official Documents Evidence Act, 1860.”
II Seal of the Colony.
Judicial notice shall be taken by all Courts, Judges, Justices, Commissioners and other Officers and persons judicially acting, of the impression of the Public Seal of the Colony, and of the Public Seals of the late Provinces of New Ulster and New. Munster respectively, without evidence of such Seal having been impressed or any other evidence relating thereto.
III Official Seals, &c., receivable in evidence.
Whenever by any Ordinance of the Legislative Council or by any Act of the General Assembly, or by any Act or Ordidinance of the Superintendent and Provincial Council of any Province of New Zealand, now or hereinafter to be in force, any Seal or Stamp has been or shall be authorised to be used by any Court, Officer, Body Corporate, or any person whomsoever judicial notice shall be taken of the impression of such Seal or Stamp without evidence of such Seal or Stamp having been impressed or any other evidence relating thereto.
IV Copies of Private Acts &c., printed by Government Printers receivable as evidence.
All copies of Private, and Local and Personal Acts of the General Assembly, not Public Acts, if purporting to be printed under the authority of the New Zealand Government by the Government Printers for the time being, and all copies of the Journals of either House of the General Assembly, and of Proclamations of the Governor, purporting to be printed by such Printers, shall be admitted as evidence thereof respectively by all Courts, Judges, Justices, Commissioners, and other Officers and persons judicially acting without any proof being given that such copies were so printed.
V Public Documents purporting to be duly sealed, &c., receivable in evidence.
Whenever by any Act or Ordinance aforesaid 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 the General Assembly, 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 farther proof thereof in every case in which the original record could have have been received in evidence.
VI Courts &c., to take judicial notice of signatures of Judges, &c.
All Courts, Judges, Justices, Commissioners and other Officers and persons judicially acting shall henceforth take judicial notice of the signature of any of the Judges of the Supreme Court: Provided such signature be attached or appended to any Decree, Order, Certificate, or other Judicial or Official Document.
VII Provincial Laws and Proclamations of Superintendents printed by Government Printers admissible in evidence.
All copies of Acts or Ordinances heretofore made or ordained or hereafter to be made or ordained by the Superintendent and Provincial Council of any Province, now or hereafter to be constituted, and all copies of Proclamations and Notifications under any Act or Ordinance of any Legislature made by the Superintendent of any such Province purporting to be printed under the authority of the Government of such Province by the Printers for the time being to such Government, shall be admitted as evidence of such Acts, Ordinances, Proclamations and Notifications respectively by all Courts, Judges, Justices, Commissioners, and other officers and persons judicially acting without any proof being given that such copies were so printed.
VIII Offences of forgery to be felony.
If any person is guilty of the following offences or any of them, that is to say:—
1.
Forges, or procures to be forged, or assists in forging any such Seal, Stamp, Impression, or Signature as aforesaid.
2.
Tenders in evidence any such 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 as aforesaid, with a false or counterfeit Seal, Stamp, Impression, or Signature thereto, knowing the same to be false or counterfeit, whether such Seal, Stamp, Impression, or Signature be those of or relating to any Corporation or Company already established or to any Corporation or Company to be hereafter established, or tenders in evidence any Decree, Order, Certificate, or other judicial or official Document with a false or counterfeit signature of any Judge as aforesaid thereto, knowing the same to be false or counterfeit.
3.
Stamps, or procures to be stamped, or assists in stamping any such 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 any proceeding as aforesaid, with any such forged Seal or Stamp as aforesaid knowing the same to be forged.
4.
Prints, or procures to be printed, any copy of any private or local and personal Act, or of the Journals of either House of the General Assembly, or of any Proclamation of the Governor, which copy shall falsely purport to have been printed by the Government Printers for the time being.
5.
Prints or procures to be printed any copy of any Act or Ordinance of the Superintendent and Provincial Council of any Province, or of any Proclamation or Notification made by the Superintendent of any Province, under any Act or Ordinance of any Legislature, which copy shall falsely purport to have been printed under the authority of the Government of such Province, by the Printers for the time being to such Government.
6.
Tenders in evidence any such copy as aforesaid, knowing that the same was not printed by the persons by whom it so purports to have been printed.
Such person shall be guilty of felony.
IX Punishment for felony.
Any person convicted of felony under this Act shall be liable at the discretion of the Court by which he is convicted to penal servitude for any term not exceeding ten years, or to imprisonment for any term not exceeding two years, with or without hard labour.
X Documents may be impounded.
Whenever any such Document as before mentioned shall have been received in evidence by virtue of this Act, the Court, Judge, Justice, Commissioner, or other Officer or person judicially acting, 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 his own discretion, to direct that the same shall be impounded and kept in the custody of some Officer of the Court, or other proper person, until further order touching the same shall be given, by such Judge, Justice, Commissioner, Officer, or person Judicially acting who shall have ordered the same to be impounded, or by some one of the Judges of the Supreme Court on application being made for that purpose.
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Versions
Official Documents Evidence Act 1860
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