424
points of some difficulty. A however
It is His Excellency's desire that I should
state my reasons fully before I proceed
to do so.
The Ordinance to which I referred is Ordinance No. 3 of 1852, which is a transcript of the Imperial Act (Lord Campbell's Act, 14 and 15 Vict. Chap. 99)
The first section of that Ordinance enacts that "On the trial of any issue joined, or of any matter or question,
or on any inquiry arising in any suit, action or other proceeding in the Supreme Court, or before any person having by Law, or by consent of parties, authority to hear, receive
and examine evidence with respect to any suit, action,
or other proceeding, the parties thereto,
and the person 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."-
This section is followed by Section two, which contains the exceptions alluded to in the first section, and enacts "that nothing herein contained