EVIDENCE.
No. 2 of 1889.
445
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.
parties and wives in proceedings for adultery.
9. In any proceedings instituted in consequence of adultery, Evidence of 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.
parties in action for breach of promise of marriage.
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.
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.
Discrediting a witness.
12. If a witness in any proceedings, on cross-examination as to a former statement made by him relative to the subject-matter of the proceedings and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did in fact make it; but, before such 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.
13. A witness in any proceedings may be cross-examined as to previous statements made by him in writing or reduced into writing relative to the subject-matter of the proceedings, without...
EVIDENCE.
No. 2 of 1889.
445
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 crimin- ate himself.
parties and
wives in pro-
9. In any proceedings instituted in consequence of adultery, Evidence of the parties to such proceedings and the husbands and wives of their hus such parties shall be competent to give evidence in relation thereto : bands and Provided that no such witness, whether a party to the proceedings ceedings for or not, shall be liable to be asked or bound to answer any question adultery., tending to show that he or she has been guilty of adultery, unless č. 68 s. 3.] such witness has already given evidence in the same proceedings in disproof of his or her alleged adultery.
parties in ac-
10. The parties to any action for breach of promise of marriage Evidence of shall be competent to give evidence in such action:
Provided tion for always that no plaintiff in any action for breach of promise of breach of marriage shall recover a verdict unless his or her testimony is cor- [ib. s. 2.]
promise.
roborated by some other material evidence in support of such pro- mise.
11. A party producing a witness in any proceedings shall not be allowed to impeach his credit by general evidence of bad char- acter, 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.
Discrediting
a witness. [17 & 18 Vict. c. 125 s. 22; c. 18 s. 3.]
29 & 29 Vict.
statement of
witness.
12. If a witness in any proceedings, on cross-examination as to Proof of con a former statement made by him relative to the subject-matter tradictory of the proceedings and inconsistent with his present testimony, adverse does not distinctly admit that he has made such statement, proof (28 & 29 Vict. may be given that he did in fact make it; but, before such proof c. 18 s. 4.] can be given, the circumstances of the supposed statement, suffi- cient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
13. A witness in any proceedings may be cross-examined as to previous statements made by him in writing or reduced into writing relative to the subject-matter of the proceedings, without
Cross- examination.
as to pre-
vious state.
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