1984 Ed.]
Evidence
[CAP. 8
37
or in a document or otherwise) another statement inconsistent therewith shall be admissible for the purpose of showing that that person has contradicted himself:
Provided that nothing in this subsection shall enable evidence to be given of any matter of which, if the person in question had been called as a witness and had denied that matter in cross-examination, evidence could not have been adduced by the cross-examining party.
(2) Subsection (1) shall apply in relation to a statement given in evidence by virtue of section 49 as it applies in relation to a statement given in evidence by virtue of section 47, except that references to the person who made the statement and to his making the statement shall be construed respectively as references to the person who originally supplied the information from which the record containing the statement was compiled and to his supplying that information.
(3) Section 48(1) shall apply to any statement proved by virtue of subsection (1)(b) of this section as it applies to a previous inconsistent or contradictory statement made by a person called as a witness which is proved as mentioned in section 48(1)(a).
(Added, 25 of 1969, s. 6)
53. [Repealed, 65 of 1980, s. 2]
54. (1) In any civil proceedings a statement which, if this Part had not been enacted, would by virtue of any rule of law mentioned in subsection (2) have been admissible as evidence of any fact stated therein shall be admissible as evidence of that fact by virtue of this subsection.
(2) The rules of law referred to in subsection (1) are the following, that is to say any rule of law---
(a) whereby in any civil proceedings an admission adverse to a party to the proceedings, whether made by that party or by another person, may be given in evidence against that party for the purpose of proving any fact stated in the admission;
(b) whereby in any civil proceedings published works dealing with matters of a public nature (for example, histories, scientific works, dictionaries and maps) are admissible as evidence of facts of a public nature stated therein;
(c) whereby in any civil proceedings public documents (for example, public registers, and returns made under public authority with respect to matters of public interest) are admissible as evidence of facts stated therein; or
(d) whereby in any civil proceedings records (for example, the records of certain courts, treaties, Crown grants, pardons and commissions) are admissible as evidence of facts stated therein.
Admissibility of certain hearsay evidence formerly admissible at common law. 1968 c. 64, s. 9.
1984 Ed.]
Evidence
[CAP. 8
37
or in a document or otherwise) another statement incon- sistent therewith shall be admissible for the purpose of showing that that person has contradicted himself:
Provided that nothing in this subsection shall enable evidence to be given of any matter of which, if the person in question had been called as a witness and had denied that matter in cross- examination, evidence could not have been adduced by the cross- examining party.
(2) Subsection (1) shall apply in relation to a statement given in evidence by virtue of section 49 as it applies in relation to a statement given in evidence by virtue of section 47, except that references to the person who made the statement and to his making the statement shall be construed respectively as references to the person who originally supplied the information from which the record containing the statement was compiled and to his supplying that information.
(3) Section 48(1) shall apply to any statement proved by virtue of subsection (1)(b) of this section as it applies to a previous inconsistent or contradictory statement made by a person called as a witness which is proved as mentioned in section 48(1)(a).
( Added, 25 of 1969, s. 6)
53. [Repealed, 65 of 1980, s. 2]
54. (1) In any civil proceedings a statement which, if this Part had not been enacted, would by virtue of any rule of law mentioned in subsection (2) have been admissible as evidence of any fact stated therein shall be admissible as evidence of that fact by virtue of this subsection.
(2) The rules of law referred to in subsection (1) are the following, that is to say any rule of law---
(a) whereby in any civil proceedings an admission adverse to a party to the proceedings, whether made by that party or by another person, may be given in evidence against that party for the purpose of proving any fact stated in the admission;
(b) whereby in any civil proceedings published works dealing with matters of a public nature (for example, histories, scientific works, dictionaries and maps) are admissible as evidence of facts of a public nature stated therein;
(c) whereby in any civil proceedings public documents (for example, public registers, and returns made under public authority with respect to matters of public interest) are admissible as evidence of facts stated therein; or
(d) whereby in any civil proceedings records (for example, the records of certain courts, treaties, Crown grants, pardons and commissions) are admissible as evidence of facts stated therein.
Admissibility of certain hearsay evidence formerly admissible at common law. 1968 c. 64, s. 9.
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