[CAP. 8
section are satisfied with respect thereto, if for any reason it appears to it to be inexpedient in the interests of justice that the statement should be admitted.
[28A]
be attached
34. (1) In estimating the weight, if any, to be attached to a statement rendered admissible as evidence by section 33, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement, and in particular to the question whether or not the statement was made contemporaneously with the occurrence or existence of the facts stated, and to the question whether or not the maker of the statement had any incentive to conceal or misrepresent facts.
(2) For the purpose of any rule of law or practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated, a statement rendered admissible as evidence by section 33 shall not be treated as corroboration of evidence given by the maker of the statement.
[28B]
35. Subject as hereinafter in this Part provided, in any proceedings, whether civil or criminal, an instrument to the validity of which attestation is requisite may, instead of being proved by an attesting witness, be proved in the manner in which it might be proved if no attesting witness were alive : Provided that nothing in this section shall apply to the proof of wills or other testamentary documents.
[28C]
Proof of the validity of an instrument to which attestation is necessary.
6 of 1939, s. 2.
as to twenty
36. In any proceedings, whether civil or criminal, there shall, in the case of a document proved, or purporting to be not less than twenty years old, be made any presumption which immediately before the 24th day of March, 1939, would have been made in the case of a document of like character proved, or purporting to be not less than thirty years old.
[28D]
Power to direct proof of specified facts by affidavit with or without order of the deponent.
37. The court may at any stage of any proceedings by order direct that specified facts may be proved at the trial by affidavit with or without the attendance of the deponent for cross-examination, notwithstanding that a party desires his attendance for cross-examination and that he can be produced for that purpose.
[28E]
6 of 1939, s. 2.
attendance
283
Page 15
Page 16
Evidence.
[CAP. 8
section are satisfied with respect thereto, if for any reason it appears to it to be inexpedient in the interests of justice that the statement should be admitted.
[28 A
be attached
34. (1) In estimating the weight, if any, to be attached Weight to to a statement rendered admissible as evidence by section to evidence. 33, regard shall be had to all the circumstances from which 6 of 1939, s. 2. any inference can reasonably be drawn as to the accuracy or otherwise of the statement, and in particular to the question whether or not the statement was made contem- poraneously with the occurrence or existence of the facts stated, and to the question whether or not the maker of the statement had any incentive to conceal or misrepresent facts.
(2) For the purpose of any rule of law or practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated, a statement rendered admissible as evidence by section 33 shall not be treated as corroboration of evidence given by the maker of the statement.
[28B
35. Subject as hereinafter in this Part provided, in any proceedings, whether civil or criminal, an instrument to the validity of which attestation is requisite may, instead of being proved by an attesting witness, be proved in the manner in which it might be proved if no attesting witness were alive : Provided that nothing in this section shall apply to the proof of wills or other testamentary documents.
[28C
Proof of to validity attestation
instrument
of which
is necessary.
6 of 1939, s. 2.
as to
twenty
36. In any proceedings, whether civil or criminal, there Presumptions shall, in the case of a document proved, or purporting, to be dem not less than twenty years old, be made any presumption years old. which immediately before the 24th day of March, 1939, 6 of 1939, s. 2. would have been made in the case of a document of like character proved, or purporting, to be not less than thirty years old.
[28 D
Power to specified affidavit without
order proof of
facts by
with or
37. The court may at any stage of any proceedings by order direct that specified facts may be proved at the trial by affidavit with or without the attendance of the deponent for cross-examination, notwithstanding that a party desires his attendance for cross-examination and that he can be of deponent. produced for that purpose.
[28E 6 of 1939, s. 2.
attendance
283
Page 15Page 16
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