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No. 2 of 1889.
EVIDENCE.
Privilege of husband and wife.
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.
16 & 17 Vict. c. 83, s. 3.
No incapacity from crime or interest.
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.
6 & 7 Vict. c. 85, s. 1.
Exception as in criminal proceedings.
8. Nothing in this Ordinance shall render any person who in any criminal proceedings is charged with an indictable offence or any offence punishable on summary conviction compellable to give evidence for or against himself, or shall render any person in any proceedings compellable to answer any question tending to criminate himself.
C. 99, s. 3; [cf. No. 14 of 1906.] 14 & 15 Vict.
Evidence of parties and their husbands and wives in proceedings for adultery.
9. In any proceedings instituted in consequence of adultery, the parties to such proceedings and the husbands and wives of such parties shall be competent to give evidence in relation thereto. Provided that no such witness, whether a party to the proceedings or not, shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery, unless such witness has already given evidence in the same proceedings in disproof of his or her alleged adultery.
32 & 33 Vict. c. 68, s. 3.
Evidence of parties in action for breach of promise.
10. The parties to any action for breach of promise of marriage shall be competent to give evidence in such action. Provided always that no plaintiff in any action for breach of promise of marriage shall recover a verdict unless his or her testimony is corroborated by some other material evidence in support of such promise.
32 & 33 Vict. c. 68, s. 2.
Discrediting a witness.
11. A party producing a witness in any proceedings shall not be allowed to impeach his credit by general evidence of bad character, but he may in case the witness, in the opinion of the court, proves adverse, contradict him by other evidence or, by leave of the court, prove that he has made at other times a statement inconsistent with his present testimony, but, before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.