Law of Evidence—Parliamentary Printer's Protection Act 1849 No 16a (NSW)

No. XVI.

An Act to amend the Law of Evidence and to facilitate the admission as Evidence of certain Official and other Documents and to give Protection to Persons employed in the Pr in t ing and Publication of Papers by the order or authori ty of the Legislative Council or a Committee thereof. [7th August, 1849.]

and official and publ ic documents and documents and proceedings of

WH E R E A S it is provided by m a n y Acts of t he Legislat ive Council of t he Colony of N e w Sou th Wales tha t var ious certificates

corporat ions and of jo in t stock and other companies and certified copies of documents and by-laws a n d entr ies in regis ters and o ther books shall be receivable in evidence of cer tain par t iculars in Cour ts of Jus t i ce provided they be respectively au thent ica ted in t he m a n n e r prescribed by such Acts A n d whereas t he beneficial effect of these provisions has been found by experience to be great ly diminished by the difficulty of proving t h a t t he said documents are genuine A n d whereas it is expedient to m a k e provision for t h e admission in evidence of cer ta in j u d g m e n t s and other proceedings by the product ion of certified copies thereof as also to facilitate t h e admission in evidence of

of such and the l ike documents Be i t therefore enacted by H i s Excellency the Governor of New South Wales with the advice and consent of the Legislat ive Council thereof T h a t copies of all j u d g m e n t s decrees r ides and orders filed or recorded in the Supreme Cour t of the said Colony a t Sydney or in the Supreme Cour t of t h e said Colony for t h e Dis t r ic t of P o r t Phi l l ip shall be admi t ted as evidence of t h e con ten ts thereof by all Cour ts Judges Jus t i ces and other Legal Tr ibuna l s and in every judicial proceeding in tin; said Colony wi thou t p roduc t ion of the originals of such documents respectively provided the copies of such orders and decrees made in the Equitable; Ju r i sd ic ­ tion of the said Supreme Court a t Sydney be certified under t he b a u d of the Mas t e r in E q u i t y of the, stud Cour t and t h a t such copies of all j u d g m e n t s decrees rules and orders made in t h e Common Law and Ecclesiastical Jur i sd ic t ion of the said Supreme Court at Sydney be certified unde r the h a n d of t he Pro thonota ry or Chief Clerk thereof and tha t such copies of such orders decrees j u d g m e n t s and rules made ei ther in t h e Equ i tab le or in t he Common Law or in flu; Ecclesiastical Ju r i sd ic t ion of the said Supreme Court, for t h e Dis t r ic t of Por t Phi l l ip

be respectively certified u n d e r the h a n d	of t he	Depu ty	Regis t ra r	or
other proper officer thereof.

2. A n d be it enacted Tha t whenever by any Act now in force or hereafter to be in force any certificate or official or publ ic docu­ m e n t or document, or proceeding of any corporation or jo in t stock or other company or any certified copy of any document or by-law or en t ry in any regis ter or other book or of any other proceeding shall be receivable in evidence of any par t icu lars in any Cour t of Jus t i ce or before a n y Legal Tr ibunal or before t he Legis la t ive Council of t h e said Colony or any Commit tee thereof or in any judicial proceeding t h e same shal l respectively be admi t ted in evidence provided t hey respec­ tively pu rpo r t to be sealed or impressed wi th a s t amp and signed as directed by the respective Acts made or to be hereafter made wi thout any proof of t he seal or s t amp where a seal or s t amp is necessary or of t he s ignature or of the official character of the persons appear ing to have signed the same and wi thou t any fur ther proof thereof in every case in which t h e original record or document could have been received in evidence.

A n d be it enacted Tha t all Cour ts J u d g e s Jus t i ces Mas te rs

in E q u i t y Commissioners or other persons officiating judicial ly shall henceforth t ake judic ia l notice of the s ignature of any of t h e .Judges of t he said Supreme Cour t of this Colony at Sydney and any Res ident

J u d g e of t he said Supreme Cour t of t he said Colony resident, a t any

other place in t he said Colony and also of the Pro thonota ry and Mas te r in E q u i t y and Chief Clerk thereof respectively and of t he Depu ty Regis t ra r of t h e said Supreme Cour t for t he Dis t r ic t of P o r t Phi l l ip

Provided such s igna ture shall p u r p o r t to be a t tached or appended to

any decree order certificate or o ther judicia l or official document .

4     A n d be it enacted That all copies of t he P r iva t e Acts of the

Legislative Counci l of the said Colony and all Proc lamat ions and Commissions issued by H i s Excellency the Governor of the said Colony or by t he Officer adminis te r ing the Government thereof for t he t ime being if p u r p o r t i n g to be pr in ted by the Government P r in t e r or by t he au thor i ty of the; Government shall be admi t ted prima facie evidence thereof by all Courts J u d g e s Jus t ices and others in the said Colony wi thou t proof being given tha t such copies were so pr in ted .
5. Provided always and be it enacted That if any person shall forge t h e s igna ture of any P ro thono ta ry or Mas te r in Equity or Chief Clerk of t he said Supreme Court or of any Deputy Reg i s t r a r of t he said Sup reme Court for t he Dis t r ic t of Port, Phi l l ip or of any Com­ missioner or o ther person officiating judicial ly to any such certified

copy

copy as aforesaid or shall forge t he seal s tamp or s igna ture appended to any such certified copy of any official or publ ic document or document or proceeding of any corporat ion or jo in t stock or o ther company or to any certified copy of any document or by-law or en t ry in any register or o ther book or of any o ther proceeding as aforesaid or shall t ender in evidence any such certified copy as aforesaid of any official or publ ic document or document or proceeding of any corpora­ t ion or jo in t stock or other company or any certified copy of any such j u d g m e n t decree ru le order as aforesaid or of any document or by­ law or en t ry in any register or other book or of any other proceeding wi th a false or counterfeit seal s t amp or s igna ture there to knowing t h e same to be false or counterfeit whe ther such seal or s t amp or signature; be t h a t of or r e la t ing to any corporat ion or company al ready estab­ lished or to any corporat ion or company to be hereafter established or if any person shal l forge the s igna ture of any such J u d g e as aforesaid to any order decree certificate or other judicia l or official document or shall t ender in evidence any order decree certificate or other official or judicia l document wi th a false or counterfei t s igna tu re of any such J u d g e as aforesaid there to knowing t h e same to be false or counterfei t or if any person shall p r in t any copy of any A c t of the Legislat ive Council of t he said Colony or of any proclama­ t ion or commission as aforesaid which copy shall falsely p u r p o r t t o have been p r in ted by t h e Government P r in t e r or if any person shall t ende r in evidence any such copy knowing t h e same was no t pr in ted by the person or persons by w h o m it so pu rpor t s to have been p r in ted every such person shal l be deemed gui l ty of felony and shall upon conviction thereof be liable to t r anspor ta t ion for a t e r m not exceeding fifteen years Provided also t h a t whenever any such document as before ment ioned shall have been received in evidence by v i r tue of th i s A c t t h e Cour t J u d g e Jus t i ce Commissioner or o ther person officiating judicial ly who shall have admit ted t he same shall on the request of any p a r t y agains t w h o m t h e same shall have been so received be author ized a t i ts or his own discretion to direct t ha t t he same shall be impounded and be kep t in the custody of some officer of t he Cour t or o ther proper person un t i l fur ther order touch ing the same shall be given by the said Cour t J u d g e Jus t i ce Commissioner or other person officiating judicial ly respectively.

G. And be it enacted Tha t i t shall and may be lawful for the

Governor of the said Colony or for t h e officer adminis te r ing t he

Government for t he t ime being for and in behalf of H e r Majesty to
appoin t a Governmen t P r in te r for t he said Colony and such Govern­

m e n t P r in t e r to suspend or remove a n d to appoint ano ther in his stead as occasion m a y from t ime to t ime in t h e opinion of t he said Governor or Officer adminis te r ing the Government aforesaid require .
7- A n d whereas it is essential to t he due and effectual exercise and discharge of the functions and dut ies of the Legislat ive Counci l of N e w South Wales t h a t no obstruct ions or impediments should exist to t he publicat ion of such of the Repor t s Pape r s Votes and Proceedings of t h e Legislat ive Council of New South W a l e s as t h e said Council may deem fit or necessary to be publ ished a n d whereas obstruct ions or impediments to such publ icat ion may hereafter ar ise by means of civil or cr iminal proceedings be ing t aken aga ins t persons employed by or ac t ing unde r t he au thor i ty of t he said Legislat ive Council in the publ icat ion of such Repor t s Pape r s Votes or Proceedings by reason and for remedy whereof it is expe­ dient t h a t protect ion should be afforded to all persons ac t ing unde r t h e au thor i ty aforesaid Be it enacted T h a t i t shall and m a y be lawful for any person or persons who shall be a defendant or defendants in any civil or cr iminal proceeding commenced or prose­

cuted

cuted in any m a n n e r soever for or on account or in respect of t he publicat ion of any such Repor t s Pape r s Votes or Proceedings by such person or persons or by his her or the i r servant or servants by or unde r t he au tho r i t y of t h e Legislat ive Council of t he said Colony to b r i ng before t he Cour t in which such proceeding shall have been or shall be so commenced or prosecuted or before any J u d g e of the same First g iving twenty-four hours ' notice of his in tent ion so to do to t he prosecutor or plaintiff in such proceeding a certificate under t he h a n d of the Speaker of t he said Legislat ive Council or of t he Clerk of t he said Council s t a t ing t h a t t h e R e p o r t Pape r Votes or Proceedings as t he case may be in respect whereof such civil or cr iminal proceeding shall have been commenced or prosecuted was publ ished by such person or persons or by his her or their servants by or unde r the au thor i ty of t h e said Legislat ive Council or a Commit tee thereof toge ther wi th an affidavit verifying such certificate and such Cour t or J u d g e shall the reupon immediate ly stay such civil or cr iminal proceeding and the same and every wri t or process issued there in shall be and shall be deemed and t a k e n to be finally p u t an end to determined, and super­

seded by v i r tue of th i s Act .

8. A n d be it enacted T h a t in case of any civil or c r iminal pro­ ceeding to be commenced or prosecuted for or on account or in respect of t he publ ica t ion of any cony of such Repor t P a p e r Votes or Proceed­ ings it shall be lawful for t he defendant or defendants a t any s tage of the proceedings to lay before the Court or J u d g e such Repor t Paper Votes or Proceedings and such copy wi th an affidavit verifying such R e p o r t Pape r Votes or Proceedings and t h e correctness of such copy and t h e Cour t or J u d g e shall immediate ly stay such civil or cr iminal proceeding and the same and every wr i t of process issued there in shall be and shall be deemed and t aken to be finally p u t an end to determined and superseded by v i r tue of th i s Act .

9. A n d be i t enacted Tha t it shall be lawful in any civil or c r iminal proceeding to be commenced or prosecuted for p r in t i ng any ex t rac t from or abs t rac t of such Repor t Pape r Votes or Proceedings to give in evidence under t he general issue such Repor t Paper Vote's or Proceedings and to shew tha t such extract or abs t rac t was publ ished bond fide and wi thou t malice and if such shall be t he opinion of the j u r y a verdict of not gui l ty shall bo entered for t h e defendant or defendants .