the-ordinances-of-the-legislative-counci-1890 — Page 301

ORDINANCE No. 3 OF 1852 . 265


Law of Evidence.


the persons in whose behalf any such suit, action, or other proceeding, may be brought
or defended, shall, except as hereinafter excepted, be competent and compellable to
give evidence, either viva voce or by deposition , according to the practice of the Courts,
on behalf of either or any of the parties to the said suit, action , or other proceeding.

2. But nothing herein contained shall render any person who in any criminal. Nothing herein
to compel person
proceeding is charged with the commission of any indictable offence, or any offence charged with
criminal offence
to give evidence
punishable on summary conviction , competent or compellable to give evidence for or tending to crimi
nate himself, &c.
against himself or herself, or shall render any person compellable to answer any
question tending to criminate himself or herself, or shall in any criminal proceeding
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.

3. Nothing herein contained shall apply to any action , suit or proceeding instituted Not to apply to
proceedings in
in consequence of adultery, or to any action for breach of promise of marriage. consequence of
adultery, &c.

4. Whenever any action or other legal proceeding shall henceforth be pending in Common Law
Courts authoriz
the Supreme Court , such Court may, on application made for such purposes by either ed to compel
inspection of
decuments when
of the litigants , compel the opposite party to allow the party making the application ever equity
would grant dis
to inspect all documents in the custody or under the control of such opposite party covery.
relating to such action or other legal proceeding, and, if necessary, to take examined
copies of the same, or to procure the same to be duly stamped, in all cases in which ,
previous to the publishing of this Ordinance, a discovery might have been obtained
by filing a bill, or by any other proceeding in a Court of Equity at the instance of the
party so making application as aforesaid to the said Court ; provided always, that every
such application shall be made as aforesaid before issue joined in any such action, and
twenty-one days before the trial or hearing of any other legal proceeding.

5. All Proclamations, Treaties, and other Acts of State of any Foreign State, or of Foreign and Co
lonial Acts of
the East India Company, or of any territory under the Government of the East India State, judgments
&c. provable by
certified copies
Company, or of any British Colony, and all judgments, decrees, orders, and other without proof of
seal or signature
judicial proceedings of any Court of Justice in any Foreign State, or in any of the or judicial char
acter of person
territories under the Government of the East India Company, or in any British Colony, signingthe same.
and all affidavits, pleadings, and other legal documents filed or deposited in any such
Court, may be proved in the Supreme Court, or before any person having, by law or by
-consent of parties, authority to hear, receive, and examine evidence as aforesaid, either
by examined copies, or by copies authenticated as hereinafter mentioned ; that is to
say, if the document sought to be proved be a Proclamation, Treaty, or other Act of
State, the authenticated copy to be admissible in evidence must purport to be sealed
with the seal of the Foreign State, or of the East India Company, or of the territory
under the Government of the East India Company, or of the British Colony to which
the original document belongs ; and if the document sought to be proved be a
judgment, decree, order, or other judicial proceeding of any Foreign or Colonial Court,
-or of any Court within the territories under the Government of the East India
Company, or an affidavit, pleading , or other legal document filed or deposited in any