Evidence Act 1939

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1939/1939-0002/EvidenceAct1939_1.pdf
Published: 2012-09-01

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The Evidence Act 1939

c i e
AT 2 of 1939

THE EVIDENCE ACT 1939

The Evidence Act 1939 Index


c AT 2 of 1939 Page 3

c i e
THE EVIDENCE ACT 1939

Index Section Page

1 Short title .......................................................................................................................... 5
2 Interpretation ................................................................................................................... 5
3 and 4 [Repealed] ............................................................................................................. 5
5 Proof of instrument to validity of which attestation is necessary ............................ 5
6 Presumption as to document 20 years old .................................................................. 6
7 [Repealed] ........................................................................................................................ 6
8 Commencement of Act .................................................................................................. 6
ENDNOTES 7

TABLE OF LEGISLATION HISTORY 7
TABLE OF RENUMBERED PROVISIONS 7
TABLE OF ENDNOTE REFERENCES 7

The Evidence Act 1939 Section 1


c AT 2 of 1939 Page 5

c i e
THE EVIDENCE ACT 1939

Received Royal Assent: 2 February 1939
Passed: 21 March 1939
Commenced: 21 March 1939
AN ACT
to amend the law of evidence.
1 Short title

This Act may be cited as ‘The Evidence Act, 1939’.
2 Interpretation

(1) In this Act —
“Document
” [Repealed]1

“Statement
” [Repealed]2

“Proceedings
” includes arbitrations and references.3

(2) Nothing in this Act shall —
(a) prejudice the admissibility of any evidence which would apart
from the provisions of this Act be admissible.
(b) [Repealed]4

3 and 4 [Repealed]
5

5 Proof of instrument to validity of which attestation is necessary

Subject as hereinafter provided, in any proceedings whether civil or criminal, an
instrument to the validity of which attestation is requisite may, instead of being
proved by an attesting witness, be proved in the manner in which it might be
proved if no attesting witness were alive:
Provided that nothing in this section shall apply to the proof of wills or other
testamentary documents.
Section 6 The Evidence Act 1939


Page 6 AT 2 of 1939 c

6 Presumption as to document 20 years old

In any proceedings, whether civil or criminal, a document proved, or
purporting to be not less than twenty years old, and which is produced from
proper custody, shall in the absence of circumstances of suspicion, be presumed
to be what it purports to be, and to have been signed sealed attested delivered
or published according to its purport.
7 [Repealed]
6

8 Commencement of Act

This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
The Evidence Act 1939 Endnotes


c AT 2 of 1939 Page 7

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Definition of ‘Document’ repealed by Civil Evidence Act 1973 s 19. 2
Definition of ‘Statement’ repealed by Civil Evidence Act 1973 s 19. 3
Definition of ‘Proceedings’ amended by Civil Evidence Act 1973 s 19. 4
Para (b) repealed by Civil Evidence Act 1973 s 19. 5
Ss 3 and 4 repealed by Civil Evidence Act 1973 s 19. 6
S 7 repealed by Administration of Justice Act 1951 Sch.