The Hawaiian gazette., 1876-11-01

visions Of the preceding Sections shall be given
10 evidence BY either party where the witness
or witnesses are insane or dead, or either attend
ance for oral examination cannot be required or
obtained; provided however, that such depo-
sitOns shall be subject to the same objections
for irrevalency or incompetency as might be
made to dispositions pending an action.
Sec. 81. The applicant shall pay oil costs Of
all proceedings under this part Of this act.
Part III.-The means of affording discovery
to litgants.
Sec. 80. Either perty to any action or suit
depending in any Court Of Record shall be at
liberty to apply to the court or any Judge OF
/ the Supreme Court for rule or order for the
inspection by himself or by his witnesses OF any
real or personal property, the inspection OF
which may be material to the proper determi-
nation of the question in dispute and it shall
be lawful for the Court or any such Judge. II they
| or he think fit, to make such rule or order upon
| such terms as to costs and otherwise US such
court or Judge may direct.
Sec. 33. Whenever any cause or other civil
proceeding shall be pending in any Court of
Record, such court or any judge Of the Supreme
Court may, ON application made for such pur-
pose by either of the litigants, compel the oppo-
site party to allow the party making the appli-
cation to inspect all documents in the custody
or under the control Of such opposite party re-
| latiug TO such cause or other proceeding, and if
necessary to take examined copies Of the same,
in all cases in which previous to the passing Of
this act discovery might have been obtained
in Court OF Equity at the instance of the party
SO making The application as aforesaid.
Sec. "a. Upon the application Of either party
to any cause or other proceeding in any Court
of Record, upon an affidavit by such party OF his
/ II sb,e h., -
which he is entitled. for the purpose Of discovery
or otherwise s in the possession or power Of the
opposite party it shalt be lawful for the court or
any Judge of the Supreme Court to order that
the party against whom such application ls made
or. If such party is body corporated. that some
| officer to be named Of such body corporate shall
answer on affidavit, stating what documents he
or they has or have in his or their possession or
| power, relating 10 the matters dispute. or
what he knows as to the custody they any OF
them are in. aud whether he or they objects or
object, (and if so on whit grounds) to the pro-
lection Of such as are in his or their possession
OF power, aud upon such affidavit being made,
the court or judge may mOks such further order
thereon as shall be just.
Part lY.-Documentary evidence.
Sec. 80. All procarnaiions treaties, aud other
| Acts of State of this Kingdom or of any Foreign
State, aud all judgments. DEGREES. orders. and
other judicial proceedings Of any Court Of Just
/ ice in any part Of this Kingdom or 10 any For
eigu Suite, and all ufilavlLs, pleadings and other
legal documents, wills and codcils fled or de.
posted IN any such court may be proved 10 any
| Court OF Justice or before any person having by
law or by consent OF parties to hear, receive and
examine evidence. either by examined copies or
by copies authenticated as hereinafter mentioned,
| that is TO say, if the document sought to be
proved be O proclamation, treaty, or other Act
of State, the authenticated copy to be admissa-
ble in evidence must purport to be sealed with
the Great Seal Of this Kingdom, or Of the For
eign State to which the original document be.
longs and if the document sought to be proved
be Judgment, decree, order, or other judicial
proceeding of any court 10 this Kingdom, or in
any Foreign State, or an affidavit, pleading, or
other legal document, will or codicil filed or de-
posted 10 any such court, the authenticated
copy TO be admissible in evidence must purport
either to be sealed with the seal OF such court or
(in the event OF such court having no seal) to be
signed by the judge or (if there be more
than one judge) by any one of the judges Of the
said court, and such judge shall attach to his
signature q statement in writing on the said copy
that the court whereof he is judge has no seal
But if any Of the aforesaid authenticated copies
shall purport to be signed or sealed as herein
before respectively directed, the same shall re-
spectisely be admitted in evidence in every case
in which the original document could have been
received in evidence without any proof Of the
seal, where a seal is necessary, or Of the sigma.
ture. OF the truth of the statement attached
thereto, where such signature and statement are
necessary, or of the judicial character Of the per-
son appearing to have made such signature and
statement; and every such copy shall be prima
facie evidence of the original thereof, in like
manner as if such original were produced and
proved in due course OF law.
Sec SO. Wherever in any legal proceedings
whatsoever it shall be necessary to prove any
grant Of land, lease or other conveyance of any
government land or real estate, it shall not be
necessary to produce the original Patent, grant,
lease, or conveyance but a certified copy thereof
under the hand and official seal OF the Minister
shall be received as evidence in any court, the
same as the original instrument ITSELF
Sec. 81. Every register of vessel kept under
any of the laws now or hereafter to be in force
relating to the registry Of Hawaiian vessels may
be proved 10 any court or before any person
having by law by consent of parties authority
to hear, receive and examine either by the pro-
duction of the original or by an examined copy
thereof, or by q copy thereof purpOrtng to be
certified uader the hand of the person having
the charge of the original, and every such regis
sel VI ouCu COPl vi u lcbIotoif uuu htoO eNei1
certificate of registry granted under any Of such
Acts and purporting to be signed as required by
law shall be received 10 evidence in any such
court, or before any such person as aforesaid, as
prima face proof Of all matters contained or re-
cited in such register, when the register or such
copy thereof as aforesaid is produced. and of all
the matters contained or Tecited in, or endorsed
on such certificate Of registry. when the said GER
tifcate is produced.
Sec. 39. Whenever in any legal proceeding
whatsoever it may be necessary to prove the
trial and conviction or acquittal Of any person
charged with any ofense, it shall not be neces-
sary to produce the record Of the conviction or
acquittal of such person or a copy thereof but
certificate containing the substance aud effect,
only (omitting the formal party Of the indict-
ment, information or presentment and convic-
ton or scquittal for such ofense, purporting TO
be signed by the officer having the custody of the
Records of the Court. where the offender was
convicted or acquitted, or by the deputy or such
officer shall upon proof Of the identity Of the
person be sufficient evidence of the said convic-
lion or aequittal, without proof OF the signature
or official character of the person appearing to
have signed the same.
Sec. 80. Whenever by any law now or here
after to be in force, any certificate. official or
public document or documents, or proceeding Of |
any corporation. or joiut-stock or other comp |
any, or any certified copy Of any document or
bylaws, entry in any register or other book, or