728088-1854-GOVERNMENT-NOTIFICATION — Page 2

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GOVERNMENT NOTIFICATION.

Wanted a Passage to Penang for Eight Chinese Convicts.

Sealed Tenders will be received at this Office. For particulars apply to the Harbour Master.

By Order,

Colonial Secretary's Office, Victoria,

W. T. MERCER, Colonial Secretary.

Hongkong, 15th November, 1854.

GOVERNMENT NOTIFICATION.

The following Act of the Imperial Parliament, applied to this Colony by the recent Ordinance No S of 1854, published for general information.

By Order,

Colonial Secretary's Office, Victoria,

Hongkong, 13th December, 1854.

W. T. MERCER, Colonial Secretary.

Witnesses not to

Prvviso.

ANNO SEXTO & SEPTIMO VICTORIÆ REGINÆ.

CAP. LXXXV.

AN ACT FOR IMPROVING THE LAW OF EVIDENCE.

[22d August 1843.]

WHEREAS the Inquiry after Truth in Courts of Justice is often obstructed by Incapacities created by the present Law, and it is desirable that full Information as to the Facts in Issue, both in Criminal aud in Civil Cases, should be laid before the Persons who are appointed to decide upon them, and that such Persons should exercise their Judgment on the Credit of the Witnesses adduced and on the Truth of their Testimony: Now therefore be it enacted by the Queen's most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the be excluded from Authority of the same, That no Person offered as a Witness shall hereafter be cx- giving Evidence cluded by reason of Incapacity from Crime or Interest from giving Evidence, either by Incapacity from in Person or by Deposition, according to the Practice of the Court, on the Trial Crime or Interest. of any Issue joined, or of any Matter or Question or on any Inquiry arising in any Suit, Action or Proceeding, Civil or Criminal, in any Court, or before any Judge, Jury, Sheriff, Coroner, Magistrate, Officer, or Person having, by Law or by Con- sent of Parties, Authority to hear, receive and examine Evidence; but that every Person so offered may and shall be admitted to give Evidence on Oath, or solemn Affirmation in those Cases wherein Affirmation is by Law receivable, notwithstand- ing that such Person may or shall have an Interest in the Matter in question, or in the Event of the Trial of any Issue, Matter, Question, or Injury, or of the Suit, Action or Proceeding in which he is offered as a Witness, and notwithstanding that such Person offered as a Witness may have been previously convicted of any Crime or Offence: Provided that this Act shall not render competent any Party to any Suit, Action, or Proceeding individually named in the Record, or any Lessor of the Plaintiff, or Tenant of Premises sought to be recovered in Ejectment, or the Landlord or other Person in whose Right any Defendant in Replevin may make Cognizance, or any Person in whose immediate and individual Behalf any Action Not to repeal may be brought or defended, either wholly or in part, or the Husband or Wife of any Provision in 7 such Persons respectively; provided also, that this Act shall not repeal any Provi- W. 4. & 1 Vict. e sion in a certain Act passed in the Session of Parliament holden in the Seventh Year of the Reign of His late Majesty and in the First Year of the Reign of Her present Majesty, intituled An Act for the Amendment of the Laws with respect to Fi Coarts of Wills: Provided that in Courts of Equity any Defendant to any Canse pending Equity Defendant,

ngo examined in any such Court may be examined as a Witness on the Behalf of the Plaintiff on behalf of the or of any Co-defendant in any such Cause, saving just Exceptions; and that any Plaintiff or any Interest which such Defendant so to be examined may have in the Matters or any Codefendant, &c. of the Matters in question in the Cause shall not be deemed a just Exception to the Testimony of such Defendant, but shall only be considered as affecting or tend- ing to affect the Credit of such Defendant as a Witness. In tegal Pro- ceedings not ne- II. And be it enacted, That wherever in any legal Proceedings whatever legal Cossary to state Proceedings may be set out, it shall not be necessary to specify that any partic- that Jurors had ular Persons who acted as Jurors had made Affirmation instead of Oath, but it tado Affirmation. may be stated that they served as Jurymen, in the same Manner as if no Act had

passed for enabling Persons to serve as Jurymen without Oath.

As to Suits com-

menced before passing this Act.

Not to extend to Scotland.

III. And be it enacted, That nothing in this Act shall apply to or affect any Suit, Action, or Proceeding brought or commenced before the passing of this Act,

IV. And be it enacted, That nothing in this Act shall extend to Scotland,