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EVIDENCE ACT 1851 - SECT 7

Proof of foreign and colonial acts of state, judgments, &c.

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 herein-after 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 an
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.

© 1851 Crown Copyright

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