Presumption as to books, maps and charts
Standard works earn a measure of trust. The Court may presume that a reference book (on a public or general matter), or a published map or chart produced for inspection, was written and published by the author, at the time and place, it purports to have been.
How to read Section 89
The Court may take the standard work as it stands.
Reference books on public or general interest the Court consults.
Published, produced, statements are relevant facts.
May presume the stated author, time and place.
The bare Act
The section in its own words — colour-keyed by what each phrase does.
The Court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts, and which is produced for its inspection, was written and published by the person, and at the time and place, by whom or at which it purports to have been written or published.
In short: courts routinely consult standard reference works — atlases, almanacs, gazetteers — and published maps and charts. To require formal proof of who wrote and published each would be pointless. So § 89 lets the Court presume (it may, not must) that such a book or map was written and published by the author, and at the time and place, it purports to have been. Two boundaries: the book must be one referred to on a public or general interest matter, and a map / chart must be published, produced for inspection, and its statements relevant. And the presumption goes to authorship / date / place — the statements themselves are treated as relevant facts, not conclusive truth. Like § 88, this is a discretionary ‘may presume’.
→ This carries forward IEA 1872 § 87 — presumption as to books, maps and charts.
Glossary
The Court may assume it — or call for proof (discretionary).
Matters of common concern — the sort a reference book covers.
A map or chart issued to the public — produced for inspection.
Its statements bear on the case — but are not conclusive.
Actually placed before the Court to examine.
The author, time and place the work states — what is presumed.
The picture
A standard work, taken as it says — if the Court chooses.
The section, part by part
Tap a part — the picture-story tells it first; the word-by-word text and example follow.
the ruleReference works may be taken at face value
scope & strengthWhat it covers — and how strong it is