47.
Opinion as to handwriting, when relevant.- When the
Court has to form an opinion as to the person by whom any
document was written or signed, the opinion of any person
acquainted with the handwriting of the person by whom it is
supposed to be written or signed that it was or was not written
or signed by that person, is a relevant fact.
Explanation.-A person is said to be acquainted with the handwriting
of another person when he has seen that person write, or when
he has received documents purporting to be written by that
person in answer to documents written by himself or under
his authority and addressed to that person, or when, in the
ordinary course of business, documents purporting to be written
by that person have been habitually submitted to him.
Illustration
The question is, whether a given letter
is in the underwriting of A, a merchant in London.
B is a merchant in Calcutta, who has written
letters addressed to A and received letters purporting to
be written by him. C is B's clerk, whose duty it was to examine
and file B's correspondence. D is B's broker, to whom B habitually
submitted the letters purporting to be written by A for the
purpose of advising him thereon. The opinions of B, C and
D on the question whether the letter is in the handwriting
of A are relevant, though neither B, C nor D ever saw A write.
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