Report No. 69

VIII. Section 37

14.35. Introductory.-

Another class of public facts is dealt with in section 37, which is concerned with the relevancy of statements as to facts of a public nature, contained in certain Acts or notifications. It reads-

"37. When the court has to form an opinion as to the existence of any fact of a public nature, any statement of it made in a recital contained in any Act of Parliament of the United Kingdom or in any Central Act, Provincial Act, or a State Act or in a Government notification or a notification by the Crown Representative appearing in the Official Gazette or in any printed paper purporting to be the London Gazette or the Government Gazette of any Dominion, colony or possession of His Majesty is a relevant fact."

14.36. Scope of the section.-

It may be stated, at the outset, that this section does not deal with the proof of the Acts and orders referred to in the section. It deals with their relevance for establishing a fact (of a public nature as mentioned in the section).

14.37. Position in England.-

In England,1 statements contained in any public statute, speech from the throne,2 royal proclamation,3 parliamentary journal,4 government gazette,5 or state paper,6 are admissible, even against strangers, to prove facts of a public, but not of a private nature.

1. Halsbury Laws of England, 3rd Edn., Vol. 15, p. 367, para. 658.

2. R. v. Francklin, (1731) 17 St&Tr 625 (636, 639).

3. (a) R. v. Sutton, (1816) 4 M&S 532; (b) R. v. De Berenger, 1814 M&S 67.

4. (a) A.G. v. Bradlaugh, (1885) 14 QBD 667 (CA). (b) Forbes v. Samuel, (1913) 3 KB 706 (721).

5. (a) R. v. Holt, (1793) 5 Ter Rep 436; (b) A.G. v. Theakstone, (1820) 8 Price 89.

6. E.g. an official despatch; see Thelluxon v. Cosling, (1803) 4 Ep 266

14.38. Such statements, however, are only prima facie evidence of the facts asserted unless it is enacted that they are to be conclusive.1

1. (a) R. v. Greene, (1887);

(b) R. v. Francklin, (1781) 17 Saar 625.

14.39. Acts and Notifications of the U.K. etc.-

Amendment needed.-We have no points of major importance concerning the section. But a few changes are required in the section. It may be pointed out that amongst the Acts and notifications mentioned in the section, are: (i) "any act of Parliament of the United Kingdom"; (ii) "notification by the Crown Representative appearing in the Official Gazette etc." and (iii) "Government notification appearing in any printed paper purporting to be the London Gazette of the Government Gazette of any Dominion, colony or possession of His Majesty.

14.40. Change required in view of constitutional position.-

In view of the constitutional changes that have taken place in the country, the provision relating to Acts of the United Kingdom Parliament should be confined to Acts passed before the 15th August, 1947.

14.41. As regards notifications issued by the Crown Representative, it appears desirable to confine it similarly to notifications issued before that date.

14.42. As regards Government notifications appearing in the London Gazette or in the Government Gazette of any Dominion, colony or possession of His Majesty also, the provision should be similarly confined.

14.43. Recommendation.-

In the light of the above discussion, we recommend that section 37 should be revised as follows:-

Revised Section 37

"'37. (1). When the court has to form an opinion, as to the existence of any fact of a public nature, any statement of it made in a recital contained-

(a) in any Central Act, Provincial Act, or a State Act, or

(b) in a Government notification appearing in the Official Gazette, or

(c) as respects the period before the 15th day of August, 1947

(i) in any Act of Parliament of the United Kingdom, or

(ii) in a Government notification appearing in any printed paper purporting to be the London Gazette or the Government Gazette of any Dominion, colony or possession of His Majesty, or

(iii) in a notification by the Crown Representative appearing in the Official Gazette, is a relevant fact."

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