Power to order proof of specified facts by affidavit with or without attendance of deponent.
Interpreta- tion and savings.
Repeal of Ordinance No. 2 of 1889,
18
would have been made in the case of a document of like character proved, or purporting, to be not less than thirty years old.
28E. The court may at any stage of any proceedings by order direct that specified facts may be proved at the trial by affidavit with or without the attendance of the deponent for cross-examination, notwithstanding that a party desires his attendance for cross-examination and that he can be pro- duced for that purpose.
28F. (1) In sections 28A, 28B, 28C, 28D and 28E- "document" includes books, maps, plans, drawings and photographs;
"statement" includes any representation of fact, whether made in words or otherwise;
'proceedings" includes arbitrations and references, and "court" shall be construed accordingly.
(2) Nothing in sections 28A, 28B, 28C, 28D or 28E shall-
(a) prejudice the admissibility of any evidence which would apart from the provisions of the said sections be admissible; or
(b) enable documentary evidence to be given as to any declaration relating to a matter of pedigree, if that declaration would not have been admissible as evidence if the said sections had not been enacted.
3. Sub-section (1) of section 26 of the Evidence Ordin- ance, 1889, is repealed.
s. 26 (1).
Objects and Reasons.
1. Clause 2 of this Bill incorporates, as sections 28A, 28B, 28C, 28D, 28E and 28F, in the Evidence Ordinance, 1889, the provisions of the Evidence Act, 1938, (1 & 2 Geo. 6, c. 28).
2. Clause 3 of this Bill repeals section 26 (1) of the principal Ordinance, the provisions of which are rendered no longer necessary by the new provisions enacted by clause 2.
C. G. ALABASTER,
Attorney General.
January, 1939.