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her Majesty may have made a convention for that purpose; and by 22 & 23 Vict. c. 63, a case may be stated for the opinion of the superior court of any part of her Majesty's dominions, in order to ascertain the law of that part. A case may be stated thereunder for the opinion of the Court of Session in Scotland. De Thoren v. Att.-Gen., 1 Ap. Ća. 686, D. P.

Proof of Foreign Judgments.

A judgment duly verified by a seal proved to be that of the foreign court was presumed to be regular and agreeable to the foreign law until the contrary is shown. Alivon v. Furnival, 1 C. M. & R. 277. And now the stat. 14 & 15 Vict. c. 99, s. 7, cited, ante, p. 95, provides for the proof of a foreign or colonial judgment, &c., by means of a copy under the seal of the court, or signed by a judge thereof, with a certificate by him that the court has no seal, and proof of the seal, or signature of the judge is unnecessary. See the cases decided thereon, ante, p. 95.

By the Judgments Extension Act, 1868 (31 & 32 Vict. c. 54), s. 1, certificates of Irish judgments for the payment of debt, damages, or costs may be registered in the High Court, see J. Act, 1873, s. 16; and the certificate "shall from the date of such registration be of the same force and effect, and all proceedings shall and may be had and taken on such certificate as if the. judgment of which it is a certificate had been a judgment originally obtained or entered upon the date of such registration" in the High Court. Sect. 3 makes a similar provision with respect to Scotch decreets.

Proof of Entries in Public Books, Postmarks, &c.

Whenever an original is of a public nature and admissible in evidence as such, an examined copy is, on grounds of public convenience, also admissible. Lynch v. Clerke, 3 Salk. 154, vide ante, p. 92. Thus examined copies of the entries in the council book; or of a licence preserved in the Secretary of State's office; Eyre v. Palsgrave, 2 Camp. 606; so of a record deposited in the Land Revenue Office, under 2 Will. 4, c. 1, though it be only a rental of a crown grantee, and not a judicial record; Doe d. William IV. v. Roberts, 13 M. & W. 520; of entries in the bank books; Mortimer v. M'Callan, 6 M. & W. 58; of a bank-note filed at the bank; Man v. Carey, 3 Salk. 155; of entries in the books of the East India Company; R. v. Gordon, 2 Doug. 593; or in the books of the commissioners of land-tax; R. v. King, 2 T. R. 234; or of excise; Fuller v. Fotch, Car. 346; or in a poll-book at an election; Mead v. Robinson, Willes, 424; Reed v. Lamb, 6 H. & N. 75; 29 L. J., Ex. 452; or the register of voters; S. C. Id.; or an old book kept in the chapter-house of a dean and chapter, purporting to contain copies of leases: Coombs v. Coether, M. & M. 398; Wakeman v. West, 7 C. & P. 479, are all good evidence of the originals. The rules of savings banks under 26 & 27 Vict. c. 87, may be proved by an examined copy, sect. 4. A copy of an old deed contained in one of the books of the Bodleian Library (which the statutes of the university forbid to be removed) was admitted in evidence under the special circumstances (but query if the original would itself have been admissible? ante, p. 97) Downes v. Mooreman, Bunb. 189. A collection of treaties, published by the direction of the American government is not sufficient to prove a treaty; an examined (or authenticated) copy should be produced. Richardson v. Anderson, 1 Camp. 65, n. Early treaties were enrolled in Chancery; more recent treaties are deposited at the State Paper

Office. As to how examined copies are made, vide Proof by examined copy, ante, pp. 92, 93.

The postmark on a letter is usually taken as genuine without proof; but, if disputed, it has been doubted whether the person who made it must be called; or whether it may be proved by any postmaster; or by any one in the habit of receiving letters through the same post-office. Abbey v Lill, 5 Bing. 299; Kent v. Lowen, 1 Camp. 177; Arcangelo v. Thompson, 2 Camp. 620; Fletcher v. Braddyll, 3 Stark. 64; R. v. Plumer, R. & Ry. 264; Woodcock v. Houldsworth, 16 M. & W. 124. Probably it may be verified in any of those ways; and the person who stamped the letter is not likely to recollect that he did so, or to be better qualified to speak of it than any one who happens to be acquainted with the particular post-office mark.

There are various provisions by act of parliament for proving instruments in the custody of registrars of public companies, or other public officers, by certified copies. See Proof by certified copy, ante, pp. 93, et seq. Of this kind are the registers of joint-stock and banking companies; as to these vide post, Part III., sub tit. Action by and against companies. Proceedings under Bankruptcy Acts are also facilitated by office copies which prove themselves.

Proof of Entries in Bankers Books.

The Bankers' Books Evidence Act, 1879 (42 & 43 Vict. c. 11), repealing and replacing the Act of 1876 (39 & 40 Vict. c. 48), contains important special provisions relating to the means of proving entries in bankers' books and to their effect in evidence. Its provisions are mainly as follows :—

By sect. 3. "Subject to the provisions of this Act, a copy of any entry in a banker's book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters, transactions, and accounts therein recorded." The expression "legal proceeding" "includes an arbitration;" sect. 10.

Sect. 3 makes copies of entries in bankers' books, evidence of the matters therein recorded even inter alios. Harding v. Williams, 14 Ch. D. 197.

By sect. 4. "A copy of an entry in a banker's book shall not be received in evidence under this Act unless it be first proved that the book was at the time of the making of the entry one of the ordinary books of the bank, and that the entry was made in the usual and ordinary course of business, and that the book is in the custody or control of the bank. Such proof may be given by a partner or officer of the bank, and may be given orally or by an affidavit sworn before any commissioner or person authorised to take affidavits."

By sect. 5. "A copy of an entry in a banker's book shall not be received in evidence under this Act unless it be further proved that the copy has been examined with the original entry and is correct. Such proof shall be given by some person who has examined the copy with the original entry, and may be given either orally or by an affidavit sworn before any commissioner or person authorised to take affidavits."

By sect. 9. "In this act the expressions bank' and 'banker' mean any person, persons, partnership, or company carrying on the business of bankers, and having duly made a return to the Commissioners of Inland Revenue, and also any savings bank certified under the acts relating to savings banks, and also any post-office savings bank.

"The fact of any such bank having duly made a return to the Commissioners of Inland Revenue may be proved in any legal proceeding by production of a copy of its return verified by the affidavit of a partner or officer of the bank, or by the production of a copy of a newspaper purporting

Bankers' and Corporation Books.-Parish Registers, &c. 117

to contain a copy of such return published by the Commissioners of Inland Revenue; the fact that any such savings bank is certified under the acts relating to savings banks may be proved by an office or examined copy of its certificate; the fact that any such bank is a post-office savings bank may be proved by a certificate purporting to be under the hand of Her Majesty's Postmaster-General or one of the secretaries of the Post Office.

Expressions in this act relating to bankers' books' include ledgers, day books, cash books, account books, and all other books used in the ordinary business of the bank."

By 45 & 46 Vict. c 72, s. 11 (2), the expressions "bank" and "bankers " in the above act, "shall include any company carrying on the business of bankers to which the provisions of the Companies Acts, 1862 to 1880, are applicable, and having duly furnished to the registrar of joint stock companies a list and summary with the addition specified by this act, and the fact of such list and summary having been duly furnished may be proved in any legal proceedings by the certificate of the registrar or any assistant registrar for the time being of joint-stock companies."

Proof of Entries in Corporation Books.

The official acts of a municipal corporation, registered in books, may be proved by production of them. Thetford case, 12 Vin. Ab. 90. To make the books evidence, it must appear that they come from the proper custody; as from a chest which has always been in the custody of the clerk of the corporation. Ibid.; Shrewsbury, Mercers of, v. Hart, i C. & P. 114. When the entries in the books are admissible as being of a public nature, examined copies are evidence. Brocas v. London, Mayor of, 1 Stra. 307. And where, in order to prove the defendant a freeman, a copy upon stamped paper, was produced of a loose paper upon a file, which the witness said was also on a stamp, and was kept with other similar stamped entries on a file among the corporation papers, and it'appeared that there was also a book in which the acts of the corporation were kept, and wherein there was an entry more at large of the freeman's admission made when he was originally admitted, but there was no stamp in the book; it was held that the loose paper being the only effectual act, as having the proper stamp, must be looked upon as the proper and original act of the corporation, and that a copy of that was good evidence. Per Noel, J., R. v. Head, Peake Ev. 92, n. This case seems to turn on the necessity of a stamp. Entries of a private nature, which do not relate to corporate acts, must, if admissible, be produced; and copies of them are not evidence, though long kept among the corporate muniments. R. v. Gwyn, 1 Stra. 401. An erasure in the entry in the minute book of a corporation must be presumed to have been made before the entry was signed. "Steevens Hospital v. Dyer, 15 Ir. Ch. R. 405. Where entries made in the books of a college were usually attested by the registrar who was a notary public, and signed by him as such; entries not so attested were held inadmissible as evidence of reputation. Fox v. Bearblock, 17 Ch. D. 429.

Proof of Registers of Births, Baptisms, Marriages, &c.

Parish registers of baptisms, marriages, and burials may be proved by production of the register itself, or by examined copies. B. N. P. 247. If a copy be produced, it should be shown that the original was in its proper custody; this is regulated by 52 Geo. 3, c. 146, s. 5, post, p. 118; it is not sufficient to show that the register was in the custody of the parish clerk. Doe d. Ld. Arundel v. Fowler, 14 Q. B. 700. In order to prove the register

of a marriage it is not necessary to call the attesting witnesses; but, as the register affords no proof of the identity of the parties, some evidence of that fact must be given, as by calling the minister, clerk, or attesting witnesses, or others present; or the handwriting of the parties may be proved. Birt v. Barlow, 1 Doug. 172. But whatever is sufficient to satisfy the jury as to the identity is good evidence; Ibid.; Hubbard v. Lees, L. R., 1 Ex. 255; and it seems from the last case that the mere similarity of names is sufficient evidence for the jury, and where the jury are satisfied as to the identity the court will not interfere; see also La Cloche v. La Cloche, L. R. 4 P. C. 325, 333, and R. v. Weaver, L. R. 2 C. C. 85. To prove the handwriting of the parties in the register it is not necessary to produce the original register for that purpose, but the witness may speak to the handwriting in it without producing it. Sayer v. Glossop, 2 Exch. 409. A photographic likeness may often be used for the purpose of identification; this is constantly done in actions for divorce, and has been even allowed in a criminal trial. Where a woman was tried for bigamy, a photograph of her first husband was allowed by Willes, J., to be shown to witnesses present at the first marriage, in order to prove his identity with the person mentioned in the certificate of that marriage. R. v. Tolson, 4 F. & F. 103. If a marriage is proved by a person who was present, it is not necessary to prove the registration, or licence, or banns. Allison's case, R. & Ry., 109. The register is admissible evidence, although it be shown that the incumbent was accustomed to cause the entries to be made from the information of others, and not from personal knowledge. Doe d. France v. Andrews, 15 Q. B. 756.

The act still in force for the registration of baptisms and burials by clergy of the Church of England is 52 Geo. 3, c. 146. It directs that the parish register shall be kept by the clergyman, either at his residence, or in the church (sect. 5), and provides that verified copies shall be annually sent to the registrar of the diocese (sect. 7). It seems that the latter, being public documents, are evidence as well as the former, and may be proved by examined copies; Walker v. Beauchamp, 6 C. & P. 552, per Alderson, B.; and see Att.-Gen. v. Oldham, cited in Burn on Parish Registers, 209. But quare whether the bishop's transcripts, made before that act, can be used, except as secondary evidence? See Walker v. Beauchamp, supra.

The registration of marriages by clergy of the Church of England is now regulated by 6 & 7 Will. 4, c. 86. By sect. 31 and schedule, the minister, after solemnising a marriage, is to register, in two register books, in the form prescribed by the Act, the date, names, age, condition, and rank of the parties, their residence at the time of the marriage, and the names and rank of their fathers; and the entries are to be signed by the minister, the parties married, and two witnesses; by sect. 33, one of these books, when filled, is to be sent to the superintendent registrar, and the other to be kept by the minister with the registers of baptisms and burials. As to proof of these registers by copies, vide post, p. 119.

By 27 & 28 Vict. c. 97, all burials in any burial ground in England are to be registered. By sect. 5 these registers and copies thereof may be used in evidence of the burials entered therein.

A burial under the Burial Laws Amendment Act, 1880, 43 & 44 Vict. c. 41, is by sect. 10 to be certified by the person in charge thereof, to the person who is bound to keep the register, and the latter is to enter the burial therein.

By 3 & 4 Vict. c. 92, certain non-parochial registers of births, baptisms, deaths, burials, and marriages, transferred to the custody of the RegistrarGeneral, are made admissible in evidence, either by producing them, or by certified extracts from them, after previous notice to the opposite party of

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the intention to use them. And by 21 & 22 Vict. c. 25, numerous other non-parochial registers and records of births, deaths, baptisms, burials, and marriages have been since certified to be faithful, and deposited with the registrar-general, and have become admissible in evidence.

By 42 & 43 Vict. c. 8, s. 3, where by lawful authority documents such as registers, muster-rolls, and pay lists have been kept, showing deaths, births, and marriages among officers and soldiers, and these or certified extracts thereof have been transmitted to the Registrar-General, they and certified copies thereof shall be admissible in evidence; but (sects. 4, 5), in respect of births, deaths, and marriages in the United Kingdom, only in respect of those which occurred prior to 1st July, 1879.

The general registration of births, marriages, and deaths is regulated by the 6 & 7 Will. 4, c. 86, explained and amended by the 1 Vict. c. 22. By these acts district registrars are appointed, whose duties are independent of those belonging to the parochial clergy. Regulations are made for the custody of the register books, and the registrars are directed to learn and register the particulars required to be registered according to the forms in the schedules to the first act. These particulars comprise in the case of births, the time of birth, name (if any), and sex, the names of the parents, and the condition of the father, and in the case of deaths, the age, sex, and condition of the deceased; and by 1 Vict. c. 22, the Registrar-General may direct the place of birth or death to be added to the register of those facts, and the addition, when so made, shall be taken, to all intents, to be part of the entry in the register.

The stat. 6 & 7 Will. 4, c. 86, as above stated, regulates the registration of marriages by clergymen of the Church of England, and it also regulates those by Quakers and Jews. For the particulars required to be registered, vide ante, p. 118.

The Act 6 & 7 Will. 4, c. 85, for amending the law of marriage, provides for the registration of marriages solemnised under that Act, and is also incorporated with the above Act, c. 86, and it, by sect. 44, enacts that the provisions of the Act, c. 86, supra, relating to the register of marriages, or certified copies thereof, shall extend to marriages under the Act, c. 85.

By 6 & 7 Will. 4, c. 86, s. 38, it is provided that certified copies of entries, purporting to be sealed with the seal of the registrar-general's office, shall be evidence of the birth, death, or marriage to which the same relates without any further or other proof of such entry, and no certified copy purporting to be given in the said office, shall be of any force or effect, which is not sealed or stamped as aforesaid." The identity of the party must of course be proved. Parkinson v. Francis, 15 Sim. 160. As to this vide ante, p. 118. By sect. 35 the registrars, as also all rectors, curates, &c., are bound to give certified copies; it is not expressly provided that these latter certificates shall be evidence without further verification. It has, however, been held that under 14 & 15 Vict. c. 99, s. 14, cited ante, p. 96, certified copies of parish registers, purporting to be signed by A. B.,"incumbent," or "rector," or "vicar," or "curate," without specifying the parish over against the name, or adding "of the above parish," are admissible without verification; for it will be intended that the incumbent, &c., is incumbent of the parish named in the certificate, and is the officer intrusted with the custody of the original register. Re Hall's Estate, 22 L. J., Ch. 177, L.JJ. So, a certificate purporting to be signed by the registrar having the custody of the original register is admissible on its mere production. R. v. Weaver, L. R. 2 C. C. 85.

As these acts require a fuller statement to be entered in the registers than before, the question arises how far the register is evidence of all the