ORDINANCE No. 3 OF 1852.
Law of Evidence.
the persons in whose behalf any such suit, action, or other proceeding, may be brought or defended, shall, except as hereinafter excepted, be competent and compellable to give evidence, either vivâ voce or by deposition, according to the practice of the Courts, on behalf of either or any of the parties to the said suit, action, or other proceeding.
2. But nothing herein contained shall render any person who in any criminal proceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question tending to criminate himself or herself, or shall in any criminal proceeding 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.
3. Nothing herein contained shall apply to any action, suit or proceeding instituted in consequence of adultery, or to any action for breach of promise of marriage.
4. Whenever any action or other legal proceeding shall henceforth be pending in the Supreme Court, such Court may, on application made for such purposes by either of the litigants, compel the opposite party to allow the party making the application to inspect all documents in the custody or under the control of such opposite party relating to such action or other legal proceeding, and, if necessary, to take examined copies of the same, or to procure the same to be duly stamped, in all cases in which, previous to the publishing of this Ordinance, a discovery might have been obtained by filing a bill, or by any other proceeding in a Court of Equity at the instance of the party so making application as aforesaid to the said Court; provided always, that every such application shall be made as aforesaid before issue joined in any such action, twenty-one days before the trial or hearing of any other legal proceeding.
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Nothing herein to compel person charged with criminal offence to give evidence tending to criminate himself, &c.
Not to apply to proceedings in consequence of adultery, &c.
Common Law Courts authorized to compel inspection of documents whenever equity would grant discovery.
Foreign and Colonial Acts of State, judgments &c. provable by certified copies without proof of seal or signature or judicial character of person.
5. All Proclamations, Treaties, and other Acts of State of any Foreign State, or of the East India Company, or of any territory under the Government of the East India Company, or of any British Colony, and all judgments, decrees, orders, and other judicial proceedings of any Court of Justice in any Foreign State, or in any of the territories under the Government of the East India Company, or in any British Colony, signing the same and all affidavits, pleadings, and other legal documents filed or deposited in any such Court, may be proved in the Supreme Court, or before any person having, by law or by consent of parties, authority to hear, receive, and examine evidence as aforesaid, either by examined copies, or by copies authenticated as hereinafter mentioned; that is to say, if the document sought to be proved be a Proclamation, Treaty, or other Act of State, the authenticated copy to be admissible in evidence must purport to be sealed with the seal of the Foreign State, or of the East India Company, or of the territory under the Government of the East India Company, or of the British Colony to which the original document belongs; and if the document sought to be proved be a judgment, decree, order, or other judicial proceeding of any Foreign or Colonial Court, or of any Court within the territories under the Government of the East India Company, or an affidavit, pleading, or other legal document filed or deposited in any such Court,