Clause 3 — (Proof of instrument to validity of which attestation is necessary.)

Orders of the Day — EVIDENCE BILL [Lords] – in the House of Commons at on 20 May 1938.

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Motion made, and Question proposed, "That the Clause stand part of the Bill."

1.10 p.m.

Photo of Mr William Spens Mr William Spens , Ashford

There are, by some older Acts of Parliament, certain-deeds which are valid only if they are executed in the presence of one or more attesting witnesses. By our present law of evidence it is laid down that in order to prove those documents you have to get an attesting witness and bring him to court. This Clause is to make deeds of that kind provable in exactly the same way as an ordinary deed that does not require attestation. The Clause seeks to simplify and cheapen litigation in these cases.

Question put, and agreed to.