6. Bishop's Registers.-A bishop's register is evidence of the facts stated in it. (a) It is the proper place of custody for the sequestrator's receipts, accounts, &c., with reference to their admissibility as legal evidence in questions of disputed rights to tithes. (b) 7. Entries. Entries made in the books of a corporation are evidence of the truth of the matters there stated; (c) as are also entries in the books of the Bank of England and of the East India Company. (d) An attorney's entries of charges for preparing and attending the execution of a deed, and of their having been paid, have been admitted as evidence of the execution of the deed. (e) Entries will prove themselves, after thirty years have elapsed, as receipts (f) and entries in the books of a steward of a manor. (g) Sworn copies of land-tax assessments, although entitled to considerable weight in private transactions, are not direct evidence in a court of justice, of possession. (h) 8. Maps.--Maps and plans of estates made a long time back, are, in the absence of other evidence, entitled to considerable credit when the possession has been conformable to them. (i) (a) Arnold v. Bp. of Bath and Wells, 5 Bing. 316. (b) Pulley v. Hilton, 12 Pri. 625. (c) Brokes v. Mayor of London, 1 Stra. 397. (d) Bretton v. Coape, Peake, N. P. C. 30. Lynch v. Clarke, 3 Salk. 154. And see Rex v. Gwin, 1 Stra. 401; and ante, p. 385. (e) Warren v. Lord Greenville, Stra 1129; and see ante, p.357. () Fry v. Wood, Sel. N. P. 535 n. (g) Wynne v. Tyrwhit, B. & A. 376. And see Rex v. Ryton, 5 T. R. 259. Rex v. Netherthong, 2 Mau. & Sel. 337. Rex v. Catesby, 2 B. & C. 814. (h) Ongley v. Chambers, 1 Bing. 483. Ante, p. 386. (i) Yates v. Harris, cit. Gilb. Ev. 78. Bridgeman v. Jennings, 1 Lord Raym. 734. 9. Awards. An award regularly made by an arbitrator, to whom matters in difference are referred, is conclusive on the parties to the reference upon all that is so submitted to him. (a) The submission of all the parties to the award must be regularly proved. (b) Where the award is under an act of parliament, the act ought to be produced for the purpose of showing the authority of the commissioners, and that the award is conformable with the statute; and proof that the directions of the act have been complied with must be given. (c) 10. Certificates.-In producing a certificate from an incorporated society, it will in general be necessary to prove that the seal affixed to it is the genuine seal of the society. (d) IV. OF SECONDARY EVIDENCE IN SUPPORT OF ABSTRACTS OF TITLE. If the documents relating to the title are lost or destroyed, and this can be satisfactorily proved, secondary evidence of them will be admissible. This secondary evidence we shall now consider in detail. 1. Copies, Drafts, and Abstracts.-When a deed or will has been lost, and diligent search is proved to have been made in the proper places of the proper per (a) See Doe d. Morris v. Rosser, 3 East, 15; 1 Phill. Ev. 380. (b) Antram v. Chase, 15 East, 209. (c) See 1 Phill. Ev. 400; and see unle, p. 269, 271. (d) Chaswick v. Bunning, 1 Ry.& Moo. 306. See further as to this, Woolrych on Certificates. sons, (a) and the subsequent enjoyment has been consistent with its alleged contents, a counterpart, (b) an ancient copy, (c) and à fortiori, an old attested copy, (d) or a copy enrolled for safe custody, (e) an ancient copy of an admittance to a copyhold, whether or not signed by the steward, (f) the rough draft of a release, especially if the original bargain and sail for a year be forthcoming, (g) the draft of a copyholder's admittance, (h) the steward's book, containing minutes of the surrender and admittance, (i) an old abstract, (k) particularly when it appears to have been perused by professional persons, and that objections to the title have been made and answered, () will all be admitted as evidence of its contents; (m) nor will the force of such evidence be destroyed by the fact that an unexecuted engrossment of the deed in question has been discovered; (n) as the engrossment might have been lost or mislaid by accident; and in default of such testimony, parol evi (a) See 2 Ves. 90. As to what will be held to be reasonable diligence in such a case, see Rex v. East Farleigh, 6 Dow. & Ry. 147. Macdougal v. Hogarth, 3 Bli. 41. Bligh v. Wellesley, 1 Car. & Pay. 400. The degree of diligence to be used in searching for a deed must depend on the importance of the deed, and the particular circumstances of each case. Gully v. Bishop of Exeter, 4 Bing. 290; and see Lorton v. Gore, 1 Dow. N. S. 190. Inhabitants of Stourbridge, 8 Rex v. B. & C. 96; 2 Man. & Ry. 43. 25. (c) Lady Griffin v. Boynton, Nels. 82. Medlicot v. Joyner, 1 Mod. 4; 2 Atk. 72. dence will sometimes be admissible, (a) particularly where there has been a wilful destruction of the instrument by the opposite party. (b) In certain cases copies of documents are sufficient evidence of them, without producing the originals. Thus by the 3d and 4th Ed. VI. c. 4, (c) patentees and persons claiming under them may make title in pleading, by showing forth an exemplification of the enrolment of the letters patent, as if the letters patent themselves were pleaded and shown forth. By the 10th Anne, c. 8, (d) it is provided, that where the original is wanting, the party pleading may show forth and produce a copy of the enrolment; and such copy, examined with the enrolment, and signed by the proper officer, and proved upon oath to be a true copy, shall be of the same force and effect as the indenture of bargain and sale would be, if produced. (e) By the 8 Geo. II. c. 6, (f) all persons having or claiming title to any lands, &c. in the North Riding of Yorkshire, may register at full length all deeds, writings, wills, and conveyances, under which such title shall be claimed; and all copies of such enrolments of such deeds, &c., signed by the registrar or his deputy, shall be good evidence of such deeds, &c. destroyed by fire or other accident. And by the 7th Geo. IV. c. 57, petitions, schedules, assignments, and other proceedings respecting insolvent debtors, are (a) 10 Co. 92 b. Villiers v. Villiers, 2 Atk. 71; and see Waller v. Horsface, 1 Camp. 501. (b) Gartside v. Ratcliffe, 1 Cha. Ca. 292. Delany v. Tenison, 3 B. P. C. 659. Dalston v. Coatsworth, 1 P. Wms. 731. Medlicot v. Joyner, 1 Mod. 4. Rex v. Sir T. Culpepper, (c) Explained by 13 Eliz. c. 6. (e) See ante, p. 60. proved by copies purporting to be signed by the proper officer, and under the seal of the court. So, also, copies of court-rolls and chirographs of fines, as we have seen, are legal evidence. Copies also which are examined with the originals, and which are sworn to be true copies, are admissible in many cases, although there be no proper officer appointed to make them, if the removal of the original would be attended with difficulty or danger. Thus copies of the journals of the houses of parliament, (a) or of the transfer books of the East India or other public Company, will be admitted as evidence, if the originals are admissible. (b) 2. Extracts.-Extracts from documents of a doubtful character cannot be received as evidence. The original must be produced, that the court may judge by inspection of the admissibility even of the document itself. (c) 3. Recitals.-In modern transactions recitals are not to be relied on, except so far as they are evidence in themselves by way of estoppel : but so far as they state other independent evidence, as letters of administration, probate, and deeds, between third parties, &c., the letters of administration, deeds, &c. must themselves be produced. (d) But recitals of births, survivorships, &c. in old deeds, are very frequently admitted in evidence, particularly where the transaction is not very important, and the expense of furnishing the best evidence. would be considerable; and it may be said to be the (a) Jones v. Randal, Cowp. 17. Birt v. Barton, Doug. 166. Rex v. Lord Gordon, Doug. 569. (b) Rex v. Gordon, ubi sup. Lynche v. Clarke, 3 Salk. 134. Ante, p. 385. 389. (c) Woolley v. Broomhill, 13 Pri. 500. (d) 3 Prest. Abs. 230. |