[53] The testimony of
a public notary is evidence by the law of France: contracts are made
before a public notary, and no other witness necessary. I should think
it would be no doubt at all, if it came in question here, whether this
would be a valid contract, but a testimony from persons of that credit
and reputation would be received as a very good proof in foreign
transactions, and would authenticate the contract."[54]
These cases show that courts always govern themselves by these rules in
cases of foreign transactions. To this principle Lord Hardwicke accords;
and enlarging the rule of evidence by the nature of the subject and the
exigencies of the case, he lays it down, "that it is a common and
_natural_ presumption, that persons of the Gentoo religion should be
principally apprised of facts and transactions in their own country. As
the English have only a factory in this country, (for it is in the
empire of the Great Mogul,) if we should admit this evidence [Gentoo
evidence on a Gentoo oath], it would be agreeable to the genius of the
law of England." For this he cites the proceedings of our Court of
Admiralty, and adopts the author who states the precedent, "that this
Court will give credit to the sentence of the Court of Admiralty in
France, and take it to be according to right, and will not examine their
proceedings: for it would be found very inconvenient, if one kingdom
should, by peculiar laws, correct the judgments and proceedings of
another kingdom.
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