such, admissible as evidence under this section-Prithee Singh v. The Court of Wards, 23 W. R. 272.

(c). Plaint.-A certified copy of a plaint was admitted in evidence on the ground that the plaint was a public document as it formed a part of a record-Mahomed Sahabuddin v. Wedgeberry, 10 B. L. R. App. 31. Mr. Field J. thought that this decision was manifestly wrong, and we are disposed to agree with him.

(d). Registers of Chakran Lands.-The Registers of chakran lands are public records supposed to contain a correct list of the chakran lands in existence at the time of the Decennial SettlementThe Collector of East Burdwan v. Sheikh Imdad Ali, W. R. (1864) 358.

(e). Records of Compromise, &c.-Where a suit is compromised, a petition is presented in the usual way, and the Court makes an order confirming the agreement, which, with the order, as well as the agreement and power of attorney, are all entered upon the record, these papers become as much a part of the record in the suit as if the case had been tried and judgment given between the parties in the ordinary way; and that record is a public document-Bhagain Megh Rani Koer v. Gooroo Prosaud Singh, 25 W. R. 68.

Private documents.

75. All other documents are pri

vate.

Private Documents.-(a). Annumatipatra.-An annumatipatra or instrument giving permission to adopt is not a public document within the meaning of this section-Krishna Kishori Chowdhurain v. Kissori Lal Rai, I. L. R. 14 Cal. 486.

(b). Board of Trade Certificate.-A certificate granted by the Board of Trade is not a public document within the meaning of this section-In the matter of a collision between the 'Ava' and 'Brenhilda,' I. L. R. 5 Cal. 568.

(c). Confession, Record of.-The record of a confession of an accused person recorded by the Magistrate of Bhind, in Gwalior, probably is a public document.-Queen-Empress v. Sundar Singh, I. L. R. 12 All. 595.

(d). Government Measurement Chitta.-1. In a suit to obtain possession, under a title acquired by purchase at an auction of certain lands, together with mesne profits, upon setting aside an alleged taluq's etmami right claimed by the defendants, in support of their claim, produced certain documents purporting to be abstracts from or copies of Government measurement chittas, dated Mughi 1126-27 (1764). These documents were produced from the Collectorate, but

there was nothing to show that they were the records of measurements made by any Government officer. Held, that they were not public documents within the meaning of this section-Nittyanund Roy v. Abdur Raheem, I. L. R. 7 Cal. 76.

2. Chittas made by Government for its own private use are nothing more than documents prepared for the information of the Collector, and are not evidence against private persons for the purpose of proving that the lands described therein are or are not of a particular character or tenure-Ram Chundra Sao v. Bungsidhar Naik, I. L. R. 9 Cal. 741.

3. The measurement papers, prepared by a Butwara Ameen deputed by the Collector to make a partition, do not come within sec. 35 of the Act, and is not a public document-Mohi Chowdhry v. Dhiro Missrain, 6 C. L. R. 139.

(e). Teiskhana Register.-A Teiskhana Register prepared by a patwari under rules framed by the Board of Revenue under sec. 16 of Regulation XII of 1817 is not a public document within the meaning of this section-Baijnath Singh v. Sukhu Maton, I. L. R. 18 Cal. 534.

(f). Miscellaneous.-Plaints, written statements, affidavits, returns, petitions filed in Courts and before public officers and endorsed by them as filed, do not belong to the class of public documents. But as regards the entries showing that they were filed and the orders endorsed thereon, they are public documents, and such entries and orders may be proved by certified copies.

Certified copies of public documents.

76. Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal; and such copies so certified shall be called certified copies.

Explanation. Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.

Scope of the Section. This section in its application is limited to that class of documents which any person has a right to inspect. The requirements of this section should be strictly complied with. The certificate of the copy being a true copy, should be signed, dated by the proper officer and sealed.

Right to Inspect.—Mr. Taylor says: "It may be laid down with tolerable safety, as a rule applicable alike to the general records of the realm and to all other writings of a public nature, that if the disclosure of their contents would, in the opinion of the Court, or of the Chief Executive Magistrate, or of the head of the department under whose control they may be kept, be injurious to the public interests, an inspection would not be granted."-Evi., 6th Ed., sec. 1336.

The principal documents which the public have a right to inspect

are

1st. Registers kept in Registration Offices under the Registration Act, III of 1877.

2nd.--Register of Members of Joint Stock Company, Act VI of 1882, and documents kept by the Register of Joint Stock Companies. 3rd.-Books kept by the Administrator-General showing the accounts of each estate, receipts, disbursements, debts, &c.-Act II of 1874.

*

4th.-Marriage Registers under Act XV of 1872 (Christian Marriage

Act).

5th.-Register of Copyright, Act XX of 1847.

6th. Declarations of Owners of Presses and Periodicals under Act XX of 1867.

7th.-Registers of British Ships, Act X of 1841. 8th.-Registers of Log Books, Act I of 1859.

9th.-Registers kept under the Oudh Land Revenue Act, XVII of

1876.

Certified and Examined Copy.-" The difference between a certified and examined copy is, that the former is made by an official whose duty it is to furnish copies to parties who have an interest in the subject-matter and a right to apply for them on payment or otherwise. The latter are those which any private individual makes

from the original, with which, having compared it by examination, he is enabled to swear that it is a true copy."-Norton, sec. 455.

Records of Civil Courts.-Sections 217 and 580 of the Code of Civil Procedure provide for copies of the judgment and decree of first instance and on appeal. The following rules have been framed by the Calcutta High Court on the subject of furnishing certified copies of the records of a Civil case to parties or others :- (1). A plaintiff, or a defendant, who has appeared to the suit, is entitled at any stage of the suit to obtain copies of the records of the suit, including exhibits, which have been put in and finally accepted by the Court as evidence. A party who has been ordered to file a written statement is not entitled to inspect or take a copy of a written statement filed by another party until he has filed his own. (2). A stranger to the suit may, after decree, obtain, as of course, copies of the plaint, written statements, affidavits, and petitions filed in the suit; and may, for sufficient reason shown to the satisfaction of the Court, obtain copies of any such documents before decree. (3). A stranger to the suit may also obtain, as of course, copies of judgments, decrees or orders at any time after they have been passed or made. (4). A stranger to the suit has no right to obtain copies of exhibits put in evidence, except with the consent of the person by whom they were produced. Vide General Rules and Circular Orders, Part I, Chapter IV, Rule 6, p. 120.

Records of Criminal Courts.-(a). In the exercise of the powers conferred by sec. 35 of the Court Fees Act, VII of 1870, and in supercession of previous notifications, the Governor-General in Council remitted the fees payable under the said Act on the following documents, namely:

1. Copy of a charge under sec. 210 of the Code of Criminal Procedure, 1882, or of a translation thereof, when the copy is given to an accused person.

2. Copy of the evidence of supplementary witnesses after commitment, when the copy is given under sec. 219 of the said Code to an accused person.

3. Copy or translation of a judgment in a case other than a summons-case, and copy of the heads of the Judge's charge to the jury, when the copy or translation is given under sec. 371 of the said Code to an accused person.

4. Copy or translation of a judgment in a summons-case, when the accused person to whom the copy or translation is given under sec. 371 of the said Code is in jail.

5. Copy of an order of maintenance, when the copy is given under sec. 490 of the said Code to the person in whose favor the order is made, or to his guardian, if any, or to the person to whom the allowance is to be paid.

6. Copy furnished to any person affected by a judgment or order passed by a Criminal Court of the Judge's charge to the jury, or of any order, deposition or other part of the record, when the copy is not a copy which may be granted under any preceding clause of this notification without the payment of a Court-fee, but is a copy which on its being applied for under sec. 548 of the said Code, the Judge or Magistrate, for some special reason to be recorded by him on the copy, thinks fit to furnish without such payment.

7. Copies of all documents furnished under the orders of any Court or Magistrate to any Government Advocate or Pleader, or other person specially empowered in this behalf for the purpose of conducting any trial or investigation on the part of the Government before any Criminal Court.

8. Copies of all documents which any such Advocate, Pleader or other person is required to take, in connection with any such trial or investigation, for the use of any Court or Magistrate, or may consider necessary for the purpose of advising the Government in connection with any criminal proceedings.

9. Copies of judgments or depositions required by officers of the Police Department in the course of their duties.

Vide Notification, Government of India, No. 310 of 21st January 1886; C. O. No. 1 of 12th February 1886. Vide also (a) Notification of Government of India, No. 1361 of 24th June 1881; C. O. No. 9 of 7th September; (b) Notification, Government of India, No. 2520 of 5th April 1872; (c) Gazette of India, 1873, p. 520.

(d). An accused is entitled to get copies of depositions of witnesses, on payment of the legal fees therefor. Vide secs. 210 and 548 of Act X of 1882.

(e). All prosecutors whose charges are dismissed, are affected by the order of discharge, and are, therefore, entitled to obtain copies of the order made by, and of the depositions taken before, the Magistrate-Bank of Bengal v. Dinonath Roy, I. L. R. 8 Cal. 166.

Proof of docu.

77. Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

ments by production of certified copies.