Evidence Amendment Act 1896 (WA)

Zalecitent Cittaratta.

ANNO SEXAGESIMO

VICTORIA!: REGINA:.

No. XXVII.

AN ACT to amend the Law of Evidence.

[Assented to, nth October, 1,g96.]

Legislative Assembly of Western Australia, in this present Parliament	BE it enacted by the Queen's Most Excellent Majesty, by and
assembled, and by the authority of the same, as follows :—

with the advice and consent of the Legislative Council and

1. THIS Act may be cited as the Evidence Amendment Act , Short title.

1896.

2. WHEREVER, in any part of Her Majesty's dominions, a Contents of public

book is kept of such a public nature as to be admissible in evidence	books may he proved
by authentic copies
on its mere production from the proper custody, its contents may be	or extracts.
proved by an authentic copy or extract, and such copy or extract	See 14 4,15 Vie., 0.99.
(Imp.) s.14. WA., 16
Vic., 9, s. 11.

60° VICTORIX, No. 27.

Evidence—Amendment.

may be received in evidence of the facts therein stated in any Com•

or before any person in Western Australia.

Statute of any part 3. A COPY of a statute purporting to be printed by the printer

of British dominions

to the Government of any part of Her Majesty's dominions shall be

admissible to prove

publicity of book

admitted as evidence that any book is of such a public character as

aforesaid.

Copy or extract may	4. A COPY or extract shall be deemed authentic :
be either examined

or certified. (a.) If it be proved by the evidence of a competent witness

See Ibid.

that he has examined it with the original, and that it is

a true copy thereof or extract therefrom; or

(b.) If it purports to be signed and certified as a true copy or extract by the officer to whose custody the original is intrusted.

Custodians of public 5. EVERY officer to whose custody the original of any book

books in this Colony	of such a public nature as aforesaid is intrusted in Western Australia,
to furnish copies or
extracts.	is hereby required to furnish a certified copy of such book or extract
See Ibid.	therefrom to any person applying at a reasonable time and paying a reasonable sum for the same, not exceeding fourpence for every folio of seventy-two words.

Penalty on certify-	6. EVERY officer authorised or required by tins Act to furnish
ing falsely.

See 14 & 15 Vic.,

any certified copies or extracts who, in Western Australia, wilfully

c. 99 (Imp.), s. 15.

certifies any document as being a true copy or extract knowing

WA., 16 Vic., 9,

that the same is not a true copy or extract, as the case may be, shall

s. 12.

be guilty of a misdemeanour, and be liable on conviction to imprison-

ment for not more than eighteen months.

Penalty on forging 7. EVERY person who forges any document in this Act

or tendering forged	referred to, or any signature or certificate thereon, or alters any
copy or extract.
See 14 & 15 Vic.,	material part thereof, or tenders any such document in evidence
c. 99 (Imp.), s. 17.	knowing the same to be forged or altered, shall be guilty of felony,
WA., 16 Vie., 9,
s. 14.	and be liable on conviction to penal servitude for not more than seven years, or to imprisonment, with or without hard labour, for not more than two years.
Copy or extract may	8. WHENEVER any such document as is referred to in this or person who shall have admitted the same may, at the request of any party against whom it is admitted, direct it to be impounded and kept in the custody of some officer of the Court or other proper person, for such period, and subject to such conditions, as to the said Court or person shall seem meet.
be impounded.	Act has been admitted in evidence by virtue of this Act, the Court
See Ibid.

60" VICTORUE, No. 27.

Evidence—Amendinent.

9. EVERY person charged with committing any felony under bWelicertr,oeffaenteoes may

this Act may be dealt with, indicted, tried, and, if convicted, sen-	have
tenced, and his offence may be charged to have been committed in been committed.
the place where he shall be apprehended or be in custody, and every Sec Ibid.
accessory to the fact may be dealt with, tried, and, if convicted, sentenced, and Ins offence may be charged to have been committed in the place in which the principal offender may be tried.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Governor's Deputy.

By authority: RICHARD PETHER, Government Printer, Perth.