Syariah Court Forms

[Roy Dassow]

LAWSOF MALAYSIAREPRINTAct 561SYARIAH COURT EVIDENCE(FEDERAL TERRITORIES)ACT 1997Incorporating all amendments up to 1 January 2006PUBLISHED BYTHE COMMISSIONER OF LAW REVISION, MALAYSIAUNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968IN COLLABORATION WITHPERCETAKAN NASIONAL MALAYSIA BHD2006SYARIAH COURT EVIDENCE(FEDERAL TERRITORIES) ACT 1997Date of Royal Assent ... ... ... ... 27 March 1997Date of publication in the Gazette ... 31 March 1997PREVIOUS REPRINTFirst Reprint ... ... ... ... ... 200223LAWS OF MALAYSIAAct 561SYARIAH COURT EVIDENCE(FEDERAL TERRITORIES) ACT 1997ARRANGEMENT OF SECTIONSPART IRELEVANCYCHAPTER 1PRELIMINARYSection1. Short title, application and commencement2. Application3. Interpretation4. PresumptionCHAPTER 2QARINAHGeneral5. Evidence may be given of facts in issue and qarinah6. Facts forming part of same transaction are qarinah7. Facts which are the occasion, cause or effect of facts in issue orrelevant facts8. Motive, preparation and previous or subsequent conduct9. Facts necessary to explain or introduce fact in issue or relevant fact10. Things said or done by conspirator in reference to common design11. When facts become qarinah4 Laws of Malaysia ACT 561Section12. In suits for damages, facts tending to enable Court to determine amountare qarinah13. Fact which becomes qarinah when right or 'urf is in question14. Facts showing existence of state of mind or of body or bodily feelingare qarinah15. Facts bearing on question whether act was accidental or intentional16. When existence of course of business is qarinahIqrar17. Iqrar defined18. Admissibility of iqrar19. Iqrar made in a state of marad al-mautStatements by Personswho cannot be called as Witnesses20. Cases in which statement of relevant fact by person who is dead orcannot be found, etc., is qarinah21. Relevancy of certain evidence for proving in subsequent proceedingthe truth of facts therein statedStatements made under SpecialCircumstances22. When entries in books of account are qarinah23. When entry in public record made in performance of duty is qarinah24. Statements in maps, charts and plans are qarinah25. Statement as to fact of public nature contained in certain legislation ornotifications are qarinah26. Statements as to any law contained in law books are qarinahHow Much of a Statement to be proved27. What evidence to be given when statement forms part of aconversation, document, book or series of letters or papersSyariahCourt Evidence (Federal Territories) 5When Judgments of Courts are QarinahSection28. Previous judgments relevant to bar a second suit or trial29. When certain judgments in probate, etc., are qarinah30. When judgments, orders or decrees are qarinah31. When judgments, etc., are not qarinah32. Fraud or collusion in obtaining judgment or incompetency of Courtmay be provedWhen Opinion of Third Persons is Qarinah33. Opinion of experts34. Facts bearing upon opinions of experts35. When opinion as to handwriting is qarinah36. When opinion as to existence of right or 'urf is qarinah37. When opinion as to usages, tenets, etc., is qarinah38. When opinion as to relationship is qarinah39. When grounds of opinion are qarinahWhen Character is Qarinah40. In civil cases, character to prove conduct imputed is not qarinah41. In criminal proceedings, previous good character is qarinah42. Previous bad character not qarinah except in replyPART IIPROOFCHAPTER 1FACTS WHICH NEED NOT BE PROVED43. Facts judicially noticeable need not be proved44. Facts of which Court must take judicial notice45. Facts admitted need not be proved6 Laws of Malaysia ACT 561CHAPTER 2ORAL EVIDENCESection46. Proof of facts by oral evidence47. Oral evidence must be directCHAPTER 3DOCUMENTARY EVIDENCE48. Proof of contents of documents49. Primary evidence50. Secondary evidence51. Proof of documents by primary evidence52. Cases in which secondary evidence relating to documents may be given53. Rules as to notice to produce54. Proof of signature and handwriting of person alleged to have signedor written document produced55. Admission of writing, signature or seal56. Proof of documentPublic Documents57. Public documents58. Private documents59. Certified copies of public documents60. Proof of documents by production of certified copies61. Proof of certain official documentsPresumption as to Documents62. Presumption as to genuineness of certified copies63. Presumption as to documents produced as record of evidence64. Presumption as to Gazettes, newspapers, etc.65. Presumption as to maps or plans made by authority of Government66. Presumption as to collection of laws and reports of decisions67. Presumption as to powers of attorney68. Presumption as to certified copies of foreign judicial records69. Presumption as to books, maps and charts70. Presumption as to telegraphic messages71. Presumption as to due execution, etc., of documents not producedSyariah Court Evidence (Federal Territories) 7PART IIIPRODUCTION AND EFFECT OF EVIDENCECHAPTER 1BURDEN OF PROOFSection72. Burden to produce evidence in civil case73. Burden of proof74. On whom burden of proof lies75. Burden of proof as to particular fact76. Burden of proving fact necessary to be proved to make evidenceadmissible77. Burden of proving that case of accused comes within exceptions78. Burden of proving fact especially within knowledge79. Burden of proving death of person known to have been alive withinthirty years80. Burden of proving that person is alive who has not been heard of forfour years81. Burden of proof as to ownership82. Court may presume existence of certain factsCHAPTER 2WITNESSES83. Who may testify as witnesses84. Dumb witnesses85. Evidence of husband, wife, parent and child86. Number of witnesses87. Manner of giving evidence88. Evidence by a single witness and oath by plaintiffCHAPTER 3EXAMINATION OF WITNESSES89. Order of production and examination of witnesses90. Court to decide as to admissibility of evidence8 Laws of Malaysia ACT 561Section91. Examination-in-chief, cross-examination and re-examination92. Order of examinations and direction of re-examination93. Cross-examination of person called to produce a document94. Witnesses to character95. Leading questions96. When leading questions may not be asked97. When leading questions may be asked98. Evidence as to matters in writing99. Cross-examination as to previous statements in writing100. Questions lawful in cross-examination101. Court to decide when question shall be asked and when witnesscompelled to answer102. Question not to be asked without reasonable grounds103. Procedure of Court in case of question being asked without reasonablegrounds104. Indecent and scandalous questions105. Questions intended to insult or annoy106. Exclusion of evidence to contradict answers to questions testingveracity107. Question by party to his own witness108. Impeaching credit of witness109. Questions tending to corroborate evidence of relevant fact admissible110. Former statements of witness may be proved to corroborate latertestimony as to same fact111. What matters may be proved in connection with proved statementwhich is qarinah under section 20 or 21112. Refreshing memory113. Testimony to facts stated in document mentioned in section 112114. Right of adverse party as to writing used to refresh memory115. Production of documents and their translation116. Giving as evidence of document called for and produced on notice117. Using as evidence of document production of which was refused onnotice118. Judge's power to put questions or order productionSyariah Court Evidence (Federal Territories) 9CHAPTER 4SPECIAL PROVISIONS RELATING TO TESTIMONYOF WITNESSESSection119. Determining that a witness is `adil120. Witness to be examined through parties related to him121. Secret examination122. Number of secret examiners123. Open examination124. Testimony in open examination forms part of syahadah125. When witness need not be examined126. Denial (ta'n) over a witness127. When findings of witness examiners differ128. Dead or missing witness129. When witness required to take the oathPART IVGENERAL130. Final reference131. Discontinuance of application of Evidence Act 1950132. Cessation of application of the EnactmentSCHEDULE10 Laws of Malaysia ACT 561Syariah Court Evidence (Federal Territories) 11LAWS OF MALAYSIAAct 561SYARIAH COURT EVIDENCE(FEDERAL TERRITORIES) ACT 1997An Act to define the law of evidence for the Syariah Court.[Federal Territories of Kuala Lumpur and Labuan--1 April 1997, P.U.(B) 105/1997;*Federal Territory of Putrajaya--1 February 2001,P.U. (A) 249/2002]BE IT ENACTED by the Seri Paduka Baginda Yang di-PertuanAgong with the advice and consent of the Dewan Negara andDewan Rakyatin Parliament assembled, and by the authority ofthe same, as follows:PART IRELEVANCYCHAPTER 1PRELIMINARYShort title, application and commencement1. (1) This Act may be cited as the Syariah Court Evidence (FederalTerritories) Act 1997 and shall apply to the Federal TerritoriesofKuala Lumpur and Labuan.(2) This Act shall come into force on a date to be appointed bythe Yang di-Pertuan Agong by notification in the Gazette.Application2. This Act shall apply to all judicial proceedings in or beforeany Syariah Court.*NOTE--In its application to the Federal Territory of Putrajaya--see the Federal Territory ofPutrajaya (Extension and Modificationof Syariah Court Evidence (Federal Territories) Act 1997)Order 2002 [P.U. (A) 249/2002].12 Laws of Malaysia ACT 561Interpretation3. (1) In this Act, unless the context otherwise requires--"Administration Act" means the Administration of Islamic Law(FederalTerritories) Act 1993 [Act 505];" `aqil" means of sound mind;"baligh" means having attained the age of puberty in accordancewith "Hukum Syarak";"bayyinah" means evidence which proves a right or interest andincludes qarinah;"computer" means any device for recording, storing, processing,retrieving or producing any information or other matter, or forperforming any one or more of those functions, by whatever nameor description such device is called; and where two or more computerscarry out any one or more of those functions in combination orin succession or otherwise howsoever conjointly, they shall betreated as a single computer;"Court" or "Syariah Court" means the Syariah Subordinate Court,Syariah High Court or the Syariah Appeal Court, as the case maybe, constituted under section 40 of the Administration Act;"document" means any matter expressed, described, or howsoeverrepresented,upon any substance, material, thing or article, includingany matter embodied in a disc, tape, film, sound track or otherdevicewhatsoever, by means of--(a) letters, figures, marks, symbols, signals, signs, or otherforms of expression, description, or representationwhatsoever;(b) any visual recording (whether of still or moving images);(c) any sound recording, or any electronic, magnetic,mechanicalor other recording whatsoever and howsoevermade, or any sounds, electronic impulses, or other datawhatsoever;(d) a recording, or transmission, over a distance of any matterby any, or any combination, of the means mentioned inparagraph(a), (b) or (c),or by more than one of the means mentioned in paragraphs (a),(b), (c) and (d), intended to be used or which may be used for thepurpose of expressing, describing, or howsoever representing, thatmatter;Syariah Court Evidence (Federal Territories) 13ILLUSTRATIONSA writing is a document.Words printed, lithographed or photographed are documents.A map, plan, graph or sketch is a document.An inscription on wood, metal, stone or any other substance, material orthing is a document.A drawing, painting, picture or caricature is a document.A photograph or a negative is a document.A tape recording of a telephonic communication, including a recordingof such communication transmitted over a distance, is a document.A photographic or other visual recording, including a recording ofphotographic or other visual transmission over a distance, isa document.A matter recorded, stored, processed, retrieved or produced by a computeris a document;"evidence" includes--(a) bayyinah and syahadah;(b) all statements which the Court permits or requires to bemade before it by a witness in relation to matters of factunder inquiry:such statements are called oral evidence;(c) all documents produced for the inspection of the Court:such documents are calleddocumentary evidence;"fact" means and includes--(a) any thing, state of things or relation of things capable ofbeing perceived by the senses;(b) any mental condition of which any person is conscious;ILLUSTRATIONS(a) That there are certain objects arranged in a certain order in a certainplace is a fact.(b) That a person heard or saw something is a fact.(c) That a person said certain words is a fact.(d) That a person holds a certain opinion, has a certain intention, acts ingood faith or fraudulently, or uses a particular wordin a particularsense, or is or was at a specified time conscious of a particularsensation is a fact.(e) That a person has a certain reputation is a fact;14 Laws of Malaysia ACT 561"fact in issue" means any fact from which, either by itself orin connection with other facts, the existence, non-existence, natureor extent of any right, liability or disability asserted or denied inany suit or proceeding necessarily follows;ILLUSTRATIONA is charged for an offence of khalwat with B.At his trial the following facts may be in issue:that A and B were together in a closed room;that A and B were together in a vehicle parked in a dark place;"film" means and includes a microfilm and any negative;"HukumSyarak" means Hukum Syarak according to the MazhabShafie, or according to any one of the Mazhab Maliki, Hanafi orHanbali;"Judge" means a Judge of the Syariah Appeal Court, the SyariahHigh Court or the Syariah Subordinate Court appointed undersections42, 43 and 44, respectively, of the Administration Act;"microfilm" means any transparent material bearing a visualimage in reducedsize either singly or as a series and includes amicrofiche;"negative" means a transparent negative photograph on anysubstance or material, and includes any transparent negativephotographmade from the original negative photograph;"Peguam Syarie" means a person appointed a Peguam Syarieunder section 59 of the AdministrationAct;"qarinah" means fact connected with the other fact in any of theways referred to in this Act;"syahadah" means any evidence adduced in Court by utteringthe expression "asyhadu" to establish a right or interest;" `urf" meanscustom or practice recognized by society or certainclass of people whether in the form of word or deed;"witness" does not includea plaintiff, defendant and an accusedperson.Syariah Court Evidence (Federal Territories) 15(2) In this Act--(a) a fact is said to be "disproved" when, after consideringthe matters before it, the Court either believes that it doesnotexist or considers its non-existence so probable thata prudent man ought, under the circumstances of theparticular case, to actupon the supposition that it doesnot exist;(b) a fact is said to be "not proved" when such fact is neither"proved" nor "disproved" according to this Act;(c) a fact is said to be "proved" when, after considering thematters before it, the Court either believes it to exist orconsidersits existence so probable that a prudent manought, under the circumstances of the particular case, toact upon the suppositionthat it exists.(3) For the avoidance of doubt as to the identity or interpretationof the words and expressions used in this Act that are listedin theSchedule, reference may be made to the Arabic Script for thosewords and expressions as shown against them therein.Presumption4. (1) Whenever it is provided by this Act that the Court maypresume the existence of a fact, it may either regard the fact asproved unless and until it is disproved, or may call for proof ofit.(2) Whenever it is provided by this Act that the Court shallpresume the existence of a fact, it shall regard the fact as provedunless and until it is disproved.CHAPTER 2QARINAHGeneralEvidence may be given of facts in issue and qarinah5. Evidence may be given in any suit or proceeding of the existenceor non-existence of every fact in issue and of such other factsasare hereinafter declared to be qarinah, and of no others.16 Laws of Malaysia ACT 561Explanation--This section shall not enable any person to give evidenceof a fact which he is disentitled to prove by the law relatingto civilprocedure.ILLUSTRATIONA is charged with beating B, his wife, with a club with the intention ofill-treating her.At A's trial the following facts are in issue:A's beating B with the club.A's hurting B with the beating with the intention of ill-treating her.Facts forming part of same transaction are qarinah6. Facts which, though not in issue, are so connected with a factin issue as to form part of the same transaction are qarinah.ILLUSTRATIONA is accused of beating B, his wife. Whatever was said or done by A orB or bystanders at the beating or so shortly before or afterit as to formpart of the same transaction is qarinah.Facts which are the occasion, cause or effect of facts in issueor relevant facts7. Facts which are the occasion, cause or effect, immediate orotherwise, of facts in issue or relevant facts, or which constitutethe state of things under which they happened or which affordedan opportunity of their occurrence or transaction, are qarinah.Motive, preparation and previous or subsequent conduct8. (1) Any fact is qarinah which shows or constitutes a motiveor preparation for any fact in issue or relevant fact.(2) The conductof any party, or of any agent to any party, toany suit or proceeding in reference to that suit or proceeding, orin referenceto any fact in issue therein or relevant thereto, andthe conduct of any person an offence against whom is the subjectof any proceeding,is qarinah if the conduct influences or is influencedby any fact in issue or relevant fact, and whether it was previousor subsequentthereto.Syariah Court Evidence (Federal Territories) 17Explanation 1--The word "conduct" in this section does not includestatements unless those statements accompany and explain actsother thanstatements; but this explanation is not to affect the relevancy of statementsunder any other section of this Act.Explanation 2--When the conduct of any person is qarinah any statementmade to him or in his presence and hearing which affectshis conduct isqarinah.ILLUSTRATIONS(a) The question is whether a certain document is the will of A.The facts that not long before the date of the alleged will, Amadeinquiry into matters to which the provisions of the alleged will relate, thathe consulted lawyers in reference to makingthe will, and that he causeddrafts of other wills to be prepared of which he did not approve areqarinah.(b) The question is whether A committed a crime.The fact that A absconded after receiving a letter warning him thatan inquiry was being made for the criminal and the contentsof the letterare qarinah.(c) A is accused of a crime.The fact that after the commission of the alleged crime he abscondedor attempted to conceal things which were or might have beenused incommitting it is qarinah.Facts necessary to explain or introduce fact in issue or relevantfact9. Facts necessary to explain or introduce a fact in issue orrelevant fact, or which support or rebut an inference suggested bya fact in issue or relevant fact, or which establish the identity ofany thing or person whose identity is relevant, or fix thetime orplace at which any fact in issue or relevant fact happened or whichshow the relation of parties by whom any such factwas transacted,are qarinah so far as they are necessary for that purpose.ILLUSTRATIONS(a) The question is whether a given document is the will of A.The state of A's property and of his family at the date of the allegedwill is qarinah.18 Laws of Malaysia ACT 561(b) A is accused of a crime.The fact that soon after the commission of the crime A abscondedfrom his house is qarinah under section 8 as conduct subsequentto andaffected by facts in issue.The fact that at the time when he left home he had sudden and urgentbusiness at the place to which he went is qarinah as tendingto explainthe fact that he left home suddenly.Things said or done by conspirator in reference to commondesign10. Where there is reasonable ground to believe that two or morepersons have conspired together to commit an offence or an actionablewrong, anything said, done or written by any one of those persons,in reference to their common intention after the time when theintention was first entertained by any one of them, is qarinah asagainst each of the persons believed to be so conspiring, aswellas for the purpose of proving the existence of the conspiracy asfor the purpose of showing that any such person was a partytoit.When facts become qarinah11. Facts become qarinah--(a) if they are inconsistent with any fact in issue or relevantfact;(b) if by themselves or in connection with other facts theymake the existence or non existence of any fact in issueor relevantfact highly probable or improbable.ILLUSTRATIONS(a) The question is whether A committed a crime at Kuala Lumpur ona certain day.The fact that on that day A was at Ipoh is qarinah.The fact that near the time when the crime was committed A was ata distancefrom the place where it was committed, which would renderit highly improbable, though not impossible, that he committed it is qarinah.(b) The question is whether A committed a crime.The circumstances are such that the crime must have been committedeither by A, B, C or D. Every fact which shows that the crimecould havebeen committed by no one else and that it was not committed by eitherB, C or D is qarinah.Syariah Court Evidence (Federal Territories) 19In suits for damages, facts tending to enable Court to determineamount are qarinah12. In suits in which damages are claimed any fact which willenable the Court to determine the amount of damages which oughttobe awarded is qarinah.Fact which becomes qarinah when right or `urf is in question13. Where the question is as to the existence of any right or `urfthe following facts are qarinah:(a) any transaction by which the right or `urf in question wascreated, claimed, modified, recognized, asserted or deniedor whichwas inconsistent with its existence;(b) particular instances in which the right or `urf was claimed,recognized or exercised or in which its exercise wasdisputed,asserted or departed from.Facts showing existence of state of mind or of body or bodilyfeeling are qarinah14. Facts showing the existence of any state of mind, such asintention, knowledge, good faith, negligence, rashness, ill-will orgood-will towards any particular person, or showing the existenceof any state of body or bodily feeling, are qarinah when theexistence of any such state of mind or body or bodily feeling isin issue or relevant.Explanation 1--A fact relevant as showing the existence of a relevantstate of mind must show that the state of mind exists notgenerally butin reference to the particular matter in question.Explanation 2--Where upon the trial of a person accused of anoffencethe previous commission by the accused of an offence is qarinah withinthe meaning of this section, the previous convictionof that person shallalso be qarinah.ILLUSTRATIONS(a) The question is whether A has been guilty of cruelty towards B, hiswife.Expression of their feelings towards each other shortly before or afterthe alleged cruelty are qarinah.20 Laws of Malaysia ACT 561(b) A is tried for a crime.The fact that he said something indicating an intention to commit thatparticular crime is qarinah.The fact that he said something indicating a general disposition tocommit crimes of that class is not qarinah.Facts bearing on question whether act was accidental orintentional15. When there is a question whether an act was accidentalor intentional or done with a particular knowledge or intention,thefact that the act formed part of a series of similar occurrences,in each of which the person doing the act was concerned, isqarinah.ILLUSTRATIONA is employed to receive fitrah as amil from the public. It is A's duty tomake entries in a book showing the amounts received byhim. He makesan entry showing that on a particular occasion he received less than hereally did receive.The question is whether this false entry was accidental or intentional.The fact that other entries made by A in the same book arefalse and thatthe false entry is in each case in favour of A are qarinah.When existence of course of business is qarinah16. When there is a question whether a particular act was done,the existence of any course of business, according to which itnaturallywould have been done, is qarinah.ILLUSTRATIONS(a) The question is whether a particular letter was despatched.The fact that it was the ordinary course of business for all lettersputin a certain place to be carried to the post, and that particular letter wasput in that place, is qarinah.(b) The question is whether a particular letter reached A.The fact that it was posted in due course and was not returned throughthe Dead Letter Office is qarinah.Syariah Court Evidence (Federal Territories) 21IqrarIqrar defined17. (1) An iqrar is an admission made by a person, in writing ororally or by gesture, stating that he is under an obligation orliability to another person in respect of some right.(2) An iqrar shall be made--(a) in Court, before a Judge; or(b) outside Court, before two male witnesses who are `aqil,baligh and `adil.(3) An iqrar which relates to any fact in issue or relevant factis qarinah.Admissibility of iqrar18. (1) The following iqrar is inadmissible:(a) iqrar of a person who is not `aqil baligh;(b) subject to subsection (2), iqrar of a minor;(c) iqrar of a lunatic or a mentally retarded person (ma`tuh);(d) iqrar of wali or guardian made on behalf of a personunder hiscustody and responsibility;(e) iqrar which is not made voluntarily; or(f) iqrar of a person who is restrained under any written lawto administer his property (Mahjur `alaih).(2) An iqrar made by a mumayyiz minor who has been authorizedby his wali or guardian to carry on any business or dealing shallbe admissible in so far as it relates to such business or dealing.(3) The party who benefits from an iqrar need not necessarilybe a person who is `aqil baligh.Explanation--If a person making an iqrar states that the goods orproperty is for the benefit of a minor who is not mumayyiz, hisiqrar isadmissible and the person making the iqrar shall be bound by his statement.22 Laws of Malaysia ACT 561Iqrar made in a state of marad al-maut19. An iqrar made by a person in a state of marad al-maut inrelation to his liability or obligation to another person shall beadmissible.Statements by Persons who cannot be calledas WitnessesCases in which statement of relevant fact by person who isdead or cannot be found, etc., is qarinah20. (1) Statements, written or verbal, of relevant facts made bya person who is dead or who cannot be found, or who has becomeincapable of giving evidence, or whose attendance cannot be procuredwithout an amount of delay or expense which under the circumstancesof the case appears to the Court unreasonable, are themselvesqarinah in the following cases:(a) when the statement is made by a person as to the causeof his death, or as to any of the circumstances of thetransaction whichresulted in his death, in cases in whichthe cause of that person's death comes into question.Such a statement is qarinah whetherthe person whomade it was or was not at the time when it was madeunder expectation of death, and whatever may be thenatureof the proceeding in which the cause of his deathcomes into question;(b) when the statement was made by any such person in theordinary course of business, and in particular when itconsists of anyentry or memorandum made by him inbooks kept in the ordinary course of business or in thedischarge of professional duty; or ofan acknowledgementwritten or signed by him of the receipt of money, goods,securities or property of any kind; or of a documentusedin commerce, written or signed by him, or of the date ofa letter or other document usually dated, written or signedby him;(c) when the statement is against the pecuniary or proprietaryinterest of the person making it, or when, if true, it wouldexposehim or would have exposed him to a criminalprosecution or to a suit for damages;Syariah Court Evidence (Federal Territories) 23(d) when the statement gives the opinion of any such personas to the existence of any public right or `urf or matterof publicor general interest, of the existence of whichif it existed he would have been likely to be aware, andwhen the statement wasmade before any controversy asto the right, `urf or matter had arisen;(e) when the statement relates to the existence of anyrelationship by blood, marriage or adoption between personsas to whoserelationship by blood, marriage or adoptionthe person making the statement had special means ofknowledge, and when the statementwas made before thequestion in dispute was raised;(f) when the statement relates to the existence of anyrelationship by blood, marriage or adoption between personsdeceased, andis made in any will or deed relating to theaffairs of the family to which any such deceased personbelonged, or in any familypedigree or upon any tombstone,family portrait or other thing on which such statementsare usually made, and when the statementwas madebefore the question in dispute was raised;(g) when the statement is contained in any document whichrelates to any transaction as is mentioned in paragraph13(a);(h) when the statement was made by a number of personsand expressed feelings or impressions on their part relevantto the matterin question.ILLUSTRATIONS(a) The question is as to the date of A's birth.An entry in the diary of a deceased surgeon regularly kept in thecourse of business, stat