Shipping and Seamen Act 1952
Commenced: 19 Nov 1953
XVI: Legal Proceedings and Detention of Ships
Evidence, and Service of Documents
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
(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;
(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.