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ANNO DECIMO-QUARTO ET DECIMO QUINTO

VICTORIÆ

REGINÆ

Montreal

MAGNÆ BRITANNIÆ ET HIBERNIÆ.

At the Parliament begun and holden at Westminster, on
the Eighteenth day of November, Anno Domini 1817, in
the Eleventh year of the Reign of Our Sovereign Lady
VICTORIA, by the Grace of God, Queen of the United
Kingdom of Great Britain and Ireland, Defender of the
Faith, &c.

Being the FOURTH Session of the FIFTEENTH Parliament of the

United Kingdom of Great Britain and Ireland.

QUE BEC:
PRINTED BY STEWART DERBISHIRE & GEORGE DESBARATS.
Law Printer to the Queen's

en's Most Excellent Majesty.

Anno Domini, 1855.

1858. april. 10.

Rev. John Cooelner

of Montreal.

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CAP. XCIX.
An Act to amend the Law of Evidence.

[7th August, 1851.] WHEREAS it is expedient to amend the Law of Evidence

in divers Particulars : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :

I. So much of Section One of the Act of the Sixth and Recited Iron Seventh Years of Her present Majesty, Chapter Eighty-five, as On S...: provides that the said Act shall 66 not render competent any of 6 & 7 Vict. ** Party to any Suit, Action, or Proceeding individually named " in the Record, or any Lessor of the Plaintiff, or Tenant of repealed. " Premises sought to be recovered in Ejecinient, or the Land** lord or other Person in whose Right any Defendant in “Replevin may make Cognizance, or any Person in whose "immediate and individual Behalf any Action may be brought ** or delended, either wholly or in part,” is hereby repealed.

II. On the Trial of and Issue joined, or of any Matter or Parties to be Question, or on auy Inquiry arising in any Suit, Action, or admissible oner Proceeding in any Court of Justice, or before any Person Willnessee. having by Law, or by Consent of Parties, Authority to hear, receive, and examine Evidence, the Parties thereto, and the persons in whose Behall any such Suit, Action, or other Proeeding may be brought or defended, shall, except as hereinher excepted, be competent and compellable to give Evidence,

er viva voce or by iDeposition, according to the Practice of the Court, on behalf of either or any of

iv of the Parties to the said . Suit, Action, or other Proceeding. III. But nothing herein contained, s

ed shall render any Person Nothing Who in any criminal Proceeding is cha

ois charged with the Commis- herein io any indictable Offence, or any Offence punishable on compel Per

summary

sion of any indictable

Law of Evidence Amendment.

son charged summary Conviction, competent or Compellable to give Eviwith criminal dence for or against himself or hersell, or shall render any Offence to give Evi - Person compellable to answer any Question tending tr crimdence tend- inate himself or herself, or shall in any criminal Proceeding ing to

render any Husband competent or compellable to give Evidence criminate hinsell, &c. for or against his Wife, or any Wife competent or compellable

to give Evidence for or against her Husband.

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Not to apply IV. Nothing herein contained shall apply to any Action, to Proceed

con- Suit, Proceeding, or Bill in any Court of Common Law, or in sequence of any Ecclesiastical Court, or in either House of Parliament, Adultery, instituted in consequence of Adultery, or to any Action for

Breach of Promise of Marriage. Nothing to V. Nothing herein contained shall repeal any Provision conrepeal any .. tained in Chapter Twenty-six of the Statute passed in the Provisions of * W.4, &" Session of Parliament holden in the Seventh Year of the Reign i Vict. c. 26. of King William the Fourth and the First Year of the Reign of

Her Present Majesty.

Common VI. Whenever any Action or other legal Proceeding shall Law Courts henceforth be pending in any of the Superior Courts of Comauthorized to compel mon Law at Westminster or Dublin, or the Court of Common Inspection of Pleas for the County Palatine of Lancaster, or the Court of Documents DI...

Pleas for the County of Durham, such Court and each of the whenever Equity would Judges thereof may respectively, on Application made for such grant Dis- Purpose by either of the Litigants, compel the opposite Party covery.

to allow the Party making the Application to inspect all Documents in the Custody or under the Control of such opposite Party 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 passing of this Act 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 or Judge.

Foreign and VII. All Proclamations, Treaties, and other Acts of State of

onial Acts any Foreign State or of any British Colony, and all Judgments, of State, Judgments, Decrees, Orders, and other judicial Proceedings of any Court &c. provable of Justice in any Foreign State or in any British Colony, and

th, all Affidavits, Pleadings and other legal Documents filed or Copies, with: out Proof of deposited in any such Court, may be proved in any Court of Seal or Sig- , Justice, or before any person having by law or by Consent of

ha. Parties Authority to hear, receive, and examine Evidence, judicial Character of either by examined copies or by Copies authenticated as herePerson sign- in-after mentioned ; that is to say, if the Document sought to ing the same.

be proved be a Proclamation, Treaty, or other Act of State, the authenticated Copy to be admissible in Evidence must purport

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is be sealed with the Seal of the Foreign State or British Corcy to which the original Document belongs ; and if the Docuinea' sought to be proved be a Judgment, Decree, Order, or other judicial Proceeding of any Foreign or Colonial Court, or an Affidavit, Pleading, or other legal Document filed or deposited in any such Court, the authenticated Copy to be admissible in Evidence must purport either to be sealed with the Seal of the Foreign or Colonial Court to which the original Document belongs, or, in the event of such Court having no Seal, to be signed by the judge, or, if there be more than one Judge, by any One of the Judges of the said Court, and such Judge shall attach to his Signature a Statement in Writing on the said Copy that the Court whereof he is a Judge has no Seal; but if any of the aforesaid authenticated Copies shall purport to be sealed or signed as hereinbefore respectively directed, the same shall respectively be admitted in Evidence in every Case, in which the original Document could have been received in Evidence, without any Proof of the Seal where a Seal is necessary, or of the Signature, or of the Truth of the Statement attached thereto, where such Signature and Statement are necessary, or of the judicial Character of the Person appearing to have made such Signature and Statement.

VIII. Every Certificate of the Qualification of an Apothecary a which shall purport to be under the Common Seal of the Society Certificates of the Art and Mystery of Apothecaries of the City of London admissible

without shall be received in Evidence in any Court of Justice, and more before any person having by Law or by Consent of Parties Seal. Authority to hear, receive, and examine Evidence, without any Proof of the said Seal or of the Authenticity of the said Certificate, and shall be deemed sufficient Proof that the Person named therein has been from the Date of the said Certificate duly qualified to practise as an Apothecary in any part of England or Wales.

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IX. Every Document which by any Law now in force or Documents hereafter to be in force is or shall be admissible in Evidence of admissible any Particular in any Court of Justice in England or Wales without Proof of the Seal or Stamp or Signature authenticating Seal, &c. the same, or of the judicial or official Character of the Person in England appearing to have signed the same, shall be admitted in Evi- cually at dence to the same Extent and for the same Purposes in any missible in Court of Justice in Ireland, or before any person having in Ireland. Ireland by Law or by Consent of Parties Authority to hear, receive, and examine Evidence, without Proof of the Seal or Stamp or Signature authenticating the same, or of the judicial or official Character of the Person appearing to have signed the

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