the-ordinances-of-the-legislative-counci-1890 — Page 349

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ORDINANCE No. 6 OF 1855 . 313


Common Law Procedure.


22. If a witness, civil or criminal, upon cross -examination as to a former statement Proof of contra
dictory state
made by him relative to the subject matter of the cause, and inconsistent with his ments of adverse
witness.
[Extended as
present testimony, does not distinctly admit that he has made such statement, proof above.]
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. [ Repealed by Ordinance No. 2 of 1889. ]
23. A witness may be cross-examined as to previous statements made by him in Cross-examina
tion as to pre
vious statements
writing or reduced into writing, relative to the subject matter of the cause, without in writing.
such writing being shown to him ; but if it is intended to contradict such witness by [Extended as
above.]
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, to require the production of the writing for its inspection, and the said Court
may thereupon make such use of it for the purposes of the trial as it shall think fit.
[Repealed by Ordinance No. 2 of 1889.]
24. A witness in any cause may be questioned as to whether he has been convicted Proof of previous
conviction of a
witness may be
of any felony or misdemeanor, and , upon being so questioned, if he either denies the given.
[Extended as
fact, or refuses to answer, it shall be lawful for the opposite party to prove such above.]
conviction ; and a certificate containing the substance and effect only (omitting the
formal part) of the indictment and conviction for such offence, purporting to be signed
by the clerk of the Court, or other officer having the custody of the records of the Court
where the offender was convicted, or by the deputy of such clerk or officer, shall, upon
proof of the identity of the person, be sufficient evidence of the said conviction ,
without proof of the signature or official character of the person appearing to have
signed the same. [ Repealed by Ordinance No. 2 of 1889. ]
25. It shall not be necessary to prove by the attesting witness any instrument to Attesting
witness need not
be called, except
the validity of which attestation is not requisite ; and such instrument may be proved in certain cases.
[Extended as
by admission, or otherwise, as if there had been no attesting witness thereto. [ Repealed above.]
by Ordinance No. 2 of 1889. ]
26. Comparison of a disputed writing with any writing proved to the satisfaction Comparison of
disputed writing.
of the Court to be genuine shall be permitted to be made by witnesses ; and such [Extended as
above.]
writings, and the evidence of witnesses respecting the same, may be submitted to the
Court and jury as evidence of the genuineness , or otherwise, of the writing in dispute.
[ Repealed by Ordinance No. 2 of 1889.]
Grounds to
27. In every rule nisi for a new trial, or to enter a verdict or non be stated in
rule nisi for
suit, the grounds upon which such rule shall have been granted shall be new trial.
shortly stated therein . [ Extended as
above.]
28. When a new trial is granted on the ground that the verdict Payment of
costs upon
was against evidence, the cost of the first trial shall abide the event, new trial on
matter of
unless the Court shall otherwise order. facts.
[Extended as
above. ]