A.D. 1889.]
EVIDENCE.
[No. 2.
631
as to admissi-
bility of evidence of 14 & 16 Vict. c.99 s. 2; c. 83 s. 1.
parties, etc.
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 vivâ voce or by deposition, according to the practice of the Court, on behalf of either or any of the parties to the proceedings.
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. 16 & 17 Vict.
Exception as to husband and wife in criminal proceedings. Ib. s. 3; s. 2.
communica-tions between
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 husband during the marriage.
7. No person offered as a witness in any proceedings shall hereafter 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.
wife. Ib. s. 3.
Witness not to be excluded from giving evidence by incapacity from crime or interest.
6 & 7 Vict. c. 85 s. 1.
Exception as in criminal proceedings, to defendant
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 competent or compellable to give in evidence for or against himself, or shall render any person in any proceedings compellable to answer any question tending to criminate himself. 14 & 15 Vict.
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.
c. 99 s. 3.
Evidence of parties and their husbands and wives in proceedings for adultery,
32 & 33 Vict. c. 68 s. 3.
parties in action for breach
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.
of promise of marriage.
s. 2.
11. A party producing a witness in any proceedings shall not be allow-
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!
A.D. 1889.]
EVIDENCE.
[No. 2.
631
as to admissi-
bility of evidence of 14 & 16 Fict. c.99 s. 2; c. 83 s. 1.
parties, etc.
4. In all proceedings before the Court, the parties and the husbands General rule 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 vivâ voce or by deposition, according to the practice of the Court, on behalf of either or any of the parties to the proceed- ings.
5. Nothing in this Ordinance shall render any husband competent or compellable to give evidence for or against his wife, or any wife com- petent or compellable to give evidence for or against her husband, in any criminal proceedings.
16 & 17 Viet.
Exception as
to husband and wife in
criminal proceedings. Ib. s. 3; s. 2.
communica- tions between
6. In no proceedings shall a husband be compellable to disclose any Privilege of communication made to him by his wife during the marriage nor shall a wife be compellable to disclose any communication made to her hus- husband and band during the marriage.
7. No person offered as a witness in any proceedings shall hereafter 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.
wife. Ib. s. 3.
Witness not from giving evidence by incapacity from crime or
to be excluded
interest.
6 & 7 Vict. c. 85 s. 1.
Exception as in criminal proceedings,
to defendant
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 competent or compellable to give
in evidence for or against himself, or shall render any person any pro- etc. ceedings compellable to answer any question tending to criminate 14 & 15 Vict.
himself.
9. In any proceedings instituted in consequence of adultery, the par- ties 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.
c. 99 s. 3.
Evidence of parties and their hus- bands and ceedings for adultery,
wives in pro-
32 & 33 Vict.
e. 68 s. 3.
parties in ae- tion for breach
10. The parties to any action for breach of promise of marriage shall Evidence of 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 mat- erial evidence in support of such promise.
of promise of
s. 2.
marriage.
11. A party producing a witness in any proceedings shall not be allow- Rules as to
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