Lawgist90Presumption as to documents thirty years old
Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that persons handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.
Explanation.-- Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable.
This explanation applies also to section 81.
Illustrations
(a) A has been in possession of landed property for a long time. He produces from his custody deeds relating to the land showing his titles to it. The custody is proper.
(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody is proper.
(c) A, a connection of B, produces deeds relating to lands in Bs possession which were deposited with him by B for safe custody. The custody is proper.
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- 79 Presumption as to genuineness of certified copies
- 80 Presumption as to documents produced as record of evidence
- 81 Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
- 81A Presumption as to Gazettes in electronic forms
- 82 Presumption as to document admissible in England without proof of seal or signature
- 83 Presumption as to maps or plans made by authority of Government
- 84 Presumption as to collections of laws and reports of decisions
- 85 Presumptions as to powers-of-attorney
- 85A Presumption as to electronic agreements
- 85B Presumption as to electronic records and electronic signatures
- 85C Presumption as to Electronic Signature Certificates
- 86 Presumption as to certified copies of foreign judicial records
- 87 Presumption as to books, maps and charts
- 88 Presumption as to telegraphic messages
- 88A Presumption as to electronic messages
- 89 Presumption as to due execution, etc., of documents not produced
- 90 Presumption as to documents thirty years old
- 90A Presumption as to electronic records five years old
