Relevancy of statement as to fact to public nature, contained in certain Acts or notifications
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Summary
When the court must decide whether a fact is of a public nature, a recital stating that fact in an Act, government notification, or an official Gazette is a relevant fact. This covers recitals in UK Acts, Central, Provincial or State Acts, notifications by the government or Crown Representative, and printed papers purporting to be official Gazettes. Such recitals can be used as evidence to establish the public fact.
Example
Rohan argues a road is a public highway. A State Act contains a recital declaring that road public and the same declaration appears in the Government Gazette. The recital in the Act or Gazette is a relevant fact and can be relied on as evidence that the road is public.
Bare Act
Enacted textWhen 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 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.
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