444
No. 2 of 1889.
Incompetency from immature age or unsoundness of mind.
Evidence of parties.
[14 & 15 Vict. c. 99 s. 2; 16 & 17 Vict. c. 83 s. 1.]
EVIDENCE.
PART I.
ADMISSIBLE WITNESSES AND EVIDENCE.
3. The following persons only shall be incompetent to give evidence in any proceedings:-
(1) children under 7 years of age, unless they appear capable of receiving just impressions of the facts respecting which they are examined and of relating them truly; and
(2) persons of unsound mind, who, at the time of their examination, appear incapable of receiving just impressions of the facts respecting which they are examined or of relating them truly; and no person who is known to be of unsound mind shall be liable to be summoned as a witness without the consent previously obtained of the Court or person before whom his attendance is required.
4. In all proceedings before the Court, the parties and the husbands and wives of the parties thereto, and the persons in whose behalf any proceedings may be brought, or instituted, or opposed, or defended, shall except as hereinafter excepted, be competent and compellable to give evidence, either viva voce or by deposition, according to the practice of the Court, on behalf of either or any of the parties to the proceedings.
Evidence of husband and wife. [ib. s. 3; s. 2.]
* Privilege of husband and wife. [ib. s. 3.]
+ No incapacity from crime or interest. [6 & 7 Vict. c. 85 s. 1.]
§ Exception as to defendant in criminal proceedings. [14 & 15 Vict. c. 99 s. 3.] [cf. No. 14 of 1906.]
5. Nothing in this Ordinance shall render any husband competent or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband, in any criminal proceedings.
6. In no proceedings shall a husband be compellable to disclose any communication made to him by his wife during the marriage nor shall a wife be compellable to disclose any communication made to her by her husband during the marriage.
7. No person offered as a witness in any proceedings shall be excluded by reason of incapacity from crime or interest from giving evidence, either in person or by deposition, according to the practice of the Court, on the trial or hearing of any proceedings or at any stage thereof.
8. Nothing in this Ordinance shall render any person who in any criminal proceedings is charged with an indictable offence or
* But see No. 14 of 1906 ss. 2, 5. As amended by No. 9 of 1908. As amended by No. 50 of 1911. As amended by No. 62 of 1911.