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Shipping and Seamen Act 1952  049
Commenced: 19 Nov 1953
XVI: Legal Proceedings and Detention of Ships
Evidence, and Service of Documents
494   Admissibility of documents in evidence




   494. Admissibility of documents in evidence---(1) Where a certificate
 or other document is by this Act declared to be admissible in evidence,
 it shall, on its production from the proper custody, be admissible in
 evidence in any Court or before any person having by law or by consent
 of the parties authority to receive evidence, and, subject to all just
 exceptions, shall be evidence of the matters stated therein in pursuance
 of this Act or by any officer in pursuance of his duties as such
 officer.

   (2) A copy of any such certificate or other document, or an extract
 therefrom, shall also be admissible in evidence if proved to be an
 examined copy or extract, or if it purports to be signed and certified
 as a true copy or extract by the officer or person to whose custody the
 original certificate or other document was entrusted.

   (3) Any officer or person who is by this Act required or authorised to
 issue, grant, give, or make any certificate or other document shall
 furnish a certified copy thereof or a certified extract therefrom to any
 person applying at a reasonable time for the same, upon payment by that
 person of the fee (if any) which is prescribed in that behalf by
 regulations made pursuant to section 501 of this Act.

   (4) Every person is guilty of a crime who---
   (a) Wilfully certifies any certificate or other document to which this
         section applies as being a true copy or extract, knowing that
         certificate or other document not to be a true copy or extract;
         or
   (b) Forges the seal, stamp, or signature of any certificate or other
         document to which this section applies; or
   (c) Tenders in evidence any certificate or other document to which
         this section applies with a false or counterfeit seal, stamp, or
         signature thereto, knowing that seal, stamp, or signature to be
         false or counterfeit.

   (5) Where any certificate or other document, which is falsely
 certified to be a true copy or extract, or which bears a false or
 counterfeit seal, stamp, or signature, has been admitted in evidence,
 the Court or the person who admitted it may, on request, direct that
 that certificate or other document be impounded, and be kept in the
 custody of some officer of the Court or other proper person for such
 period or subject to such conditions as the Court or person thinks fit.
     Cf. Merchant Shipping Act 1894, s. 695 (U.K.)

       As to the summary jurisdiction of a District Court Judge under
     subs. (4) of this section, see s. 6 of the Summary Proceedings Act
     1957, reprinted 1975, Vol. 4, p. 3116.
       As to the meaning of the term ``document'' in this section, see s.
     67B (5) of this Act.
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