delivery of money, goods, securities or other things, provided they be proved to have been given in the ordinary course of business. Refreshing memory of witness. XLV. A witness shall be allowed before any such Court or person aforesaid to refresh his memory by any writing made by himself or by any other person at the time when the fact occurred, or immediately afterwards, or at any time when the fact was fresh in his memory, and he knew that the same was correctly stated in the writing. In such case the writing shall be produced, and may be seen by the adverse party, who may, if he choose, cross-examine the 'witness upon it. Court may permit a copy of document to be used to refresh memory. XLVI. Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document, provided the Court or person, under the circumstances, be satisfied that there is sufficient reason for the non-production of the original. XLVII. In cases of pedigree, the declarations of illegitimate members of the family, and also of persons who, Declarations of ille gitimate persons, &c., of pedigree. admissible in questions though not related by blood or marriage to the family, where intimately acquainted with its members and state, shall be admissible in evidence after the death of the declarant, in the same manner and to the same extent as those of deceased members of the family. XLVIII. On an enquiry whether a signature, writing, or seal is Comparison of hand- genuine, any undisputed signature, writing, or writing, &c. seal of the party, whose signature, writing, or seal is under dispute, may be compared with the disputed one, though such signature, writing, or seal be on an instrument which is not evidence in the cause. XLIX. Any Power of Attorney, which has been executed at a Proof of Power of place distant more than one hundred miles from Attorney. the place wherein the action, suit, or proceeding is depending, may be proved by the production of it, without further proof, where it purports, on the face of it, to have been executed before and authenticated by a Notary Public, or any Court, Judge, Consul or Magistrate. Proof of despatch of letter by Letter Book. L. Whenever it is proved that a Letter Book is kept, and that, according to the usual course of business, letters are copied into such book and despatched, and the Letter Book is produced, and it is proved that the letter was despatched according to the usual practice, to the best of the knowledge and belief of the witness, having reasonable ground for forming that belief, the Court may presume the despatch of that letter according to the usual course of business. What to be prima facie proof of receipt of letter. LI. Any book proved to have been kept for marking the despatch and receipt of letters, containing an entry of the despatch of a letter, and an acknowledgment of the receipt of such letter, shall, on proof that such entry was made in the usual course of business, be prima facie evidence of the receipt of such letter. Repeal of part of Section VI of Act XV of 1852. LII. So much of Section VI of Act XV of 1852 as provides that every such application as therein mentioned shall be made before issue joined in any such action, or twenty-one days before the trial or hearing of any other legal proceeding as therein mentioned, is hereby repealed. LIII. The provision contained in the 16th Section of Act VI of 1854, that affidavits of particular witnesses, or affidavits as to particular facts or circumstances, may, Extension of Section XVI of Act VI of 1854. by consent of the parties, or by leave of the Court obtained upon notice, be used in the hearing of any cause on the Equity side of the Supreme Courts, shall extend to all civil actions, suits, and proceedings on all sides of the Courts. Extension of Section LIV. So much of the 17th Section of the same Act as provides that, upon the hearing of any motion, petition or XVII of Act VI of 1854. other proceeding in any of the said Supreme Courts, the Court may, upon the application of any of the parties thereto, or of its own accord, require and enforce the attendance and oral examination before itself of any witness or of any party to the suit, and may also require and enforce the production of any document or documents, and may direct the costs of the attendance and examination of such witness or party to be paid by such of the parties to the suit, or in such manner as it may think fit, shall extend to all civil actions, suits, and proceedings on all sides of the said Court. LV. The 33rd Section XXXIII of Act VI of 1854, extended. the said Courts. Proof of official documents. Section of the Act No. VI of 1854, which applies only to proof of accounts on the Equity side of the said Supreme Courts, shall extend to and embrace all accounts directed to be taken on any side of LVI. Wherever, by any Statute or Act, Regulation or Ordinance now in force, or any Statute or Act to be hereafter in force, any certificate, certified copy, or other document, shall be receivable in evidence of any particular in any Court of Justice, the same, if it is substantially in the form, and purports to be executed in the manner directed by the Statute, Act, Regulation, or Ordinance which makes it evidence, shall be prima facie evidence, where it is rendered admissible without proof of any seal, stamp, signature, character, or authority, which it is directed to have, or from which it is directed to proceed. LVII. The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised, that, No new trial for rejection or improper reception of evidence. independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision. Act not to render inadmissible evidence now LVIII. Nothing in this Act contained shall be so construed as to render inadmissible in any Court any evidence admitted in the Compa- which, but for the passing of this Act, would have been admissible in such Court. ny's Courts. |