CAP. 8]
Evidence
[1984 Ed.
Exception as to defendant in criminal proceedings.
[cf. 1851 c. 99, s. 3.)
Evidence of parties and their husbands
and wives in proceedings for
adultery.
1869 c. 68, s. 3.
Discrediting a witness.
1854 c. 125, s. 22; 1863 c. 18, s. 3.
Proof of contradictory statement of adverse witness.
1865 c. 18, s. 4.
Cross-examination as to previous statement in writing.
1854 c. 125. s. 24; 1865 c. 18, s. 5.
of the court, on the trial or hearing of any proceedings or at any stage thereof.
4)
(Amended, 50 of 1911, s. 10. 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 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.
(Amended, 50 of 1911; 62 of 1911, Schedule)
11. 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.
(Amended, 25 of 1969, s. 3)
12. 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.
13. 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.
14. 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 such writing being shown to him; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him:
Provided always that it shall be competent for the court, at any time during the trial or hearing of the proceedings, to require the production of the writing for its inspection, and the court may thereupon make such use of it for the purposes of the trial or hearing as it may think fit.
8
CAP. 8]
Evidence
[1984 Ed.
Exception as to defendant in criminal proceedings.
[cf. 1851 c. 99, s. 3.)
Evidence of parties and their husbands
and wives in proceedings for
adultery.
1869 c. 68, s. 3.
Discrediting a witness.
1854 c. 125, s. 22; 1863 c. 18, s. 3.
Proof of contradictory statement of adverse witness.
1865 c. 18, s. 4.
Cross-examination as to previous statement in writing.
1854 c. 125. s. 24; 1865 c. 18, s. 5.
of the court, on the trial or hearing of any proceedings or at any stage thereof.
4)
(Amended, 50 of 1911, s.
10. 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 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.
(Amended, 50 of 1911; 62 of 1911, Schedule)
11. 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.
{ Amended, 25 of 1969, s. 3)
12. 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.
13. 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.
14. 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 such writing being shown to him; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him:
Provided always that it shall be competent for the court, at any time during the trial or hearing of the proceedings, to require the production of the writing for its inspection, and the court may thereupon make such use of it for the purposes of the trial or hearing as it may think fit.
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