the-ordinances-of-the-legislative-counci-1890v2 — Page 506

1096 [ 2 of 1889. ) EVIDENCE CONSOLIDATION .

Witnesses not
8. No person offered as a witness in any proceedings shall
to beexcludel
giving hereafter be excluded by reason of incapacity froin crime or
cvidence by interest from giving evidence, either in person or by deposition,
from crimeor according to the practice of the Court, on the trial or hearing
interest.
[ 6 and 7 V. c.
of any proceedings or at any stage thereof.
85 , s . 1.1
Self- crimina
tion of 9. Nothing in this ordinance contained shall render any
witness. person who in any criminal proceeding is charged with the
[ No. 3 of indictable offence or any offence
punishable on summary convic
1852 s . 2, 14
tion competent or compellable to give evidence for or against
99 , s. 3. ] himself, or shall render any person in any proceedings compel
lable to answer any question tending to criminate himself.
Parties and
their hus
10. In any proceedings instituted in consequence of adultery
bands and the parties to such proceedings and the husbands and wives of
wives compe.
tent witnesses
such parties shall be competent to give evidence in relation
in suits for thereto : provided that no such witness whether a party to the
adultery
where eviden
suit or not shall be liable to be asked or bound to answer any
ce authorised question tending to show that he or she has been guilty of
to be taken in adultery, unless such witness shall have already given evidence
(32 ani33 v. in the same proceeding in disproof of his or her alleged adultery.
C. 68 , s. 3. ]
Parties in
suits for
11. The parties to any suit for breach of promise of marriage
breach of shall be competent to give evidence in such suit ; provided
promise of
marriage.
always, that no plaintiff in any suit for breach of promise of
[32 and 33 v . marriage shall recover a verdict unless his or her testimony
c. 68, s. 2. ) shall be corroborated by some other material evidence in support
of such promise.
How far a
party may
12. s party producing a witness in any proceedings shall
discredit his not be allowed to impeach his credit by general evidence of bad
own witness
( No. 6 of and
character, but he may in case the witness shall in the opinion
1855 of the Court prove adverse contradict him by other evidence,
5.
S. 21,17
18 V. c. 125 ,
s 22. 28 and
or by leave of the Court prove that he has made at other times
29 V.c. 18,s. a statement inconsistent with his presert testimony, but before
3. ]
such last mentioned proof can be given the circumstances of the
supposed statement sufficient to designate the particular occa
sion, must be mentioned to the witness, and he must be asked
whether or not be has inade such statement.
J'roof of con 13. If a witness in any proceedings upon cross-examination
tradictory
statements of as to a former statement made by him relative to the subject
adverse
matter of the proceedings and inconsistent with liis present tes
X0,63 of, 1855 timony, does not distinctly admit that he has niade such state
[witness
$,22,17 and 18 ment, proof may be given that he did in fact make it ; but before
V. c. 125 s. 23 ,
34 V.c. 18,5. such proof can be given , the circumstances of the supposed state
4. ]
inent, sufficient to designate the particular occasion, must be
mentioned to the witness, and he must be asked whether or not
le bas made such statement.