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.
Section 81 Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
Section 81A Presumption as to Gazettes in electronic forms
Section 82 Presumption as to document admissible in England without proof of seal or signature
Section 83 Presumption as to maps or plans made by authority of Government
Section 84 Presumption as to collections of laws and reports of decisions
Section 85 Presumptions as to powers-of-attorney
Section 85A Presumption as to electronic agreements
Section 85B Presumption as to electronic records and electronic signatures
Section 85C Presumption as to Electronic Signature Certificates
Section 86 Presumption as to certified copies of foreign judicial records
Section 87 Presumption as to books, maps and charts
Section 88 Presumption as to telegraphic messages
Section 88A Presumption as to electronic messages
Section 89 Presumption as to due execution, etc., of documents not produced