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Evidence Amendment Act.-1925.

(g) Nothing in this Act shall affect the provisions of section 110 of the Justices Act, 1921, or any right of the person charged to make a statement without being sworn.

13. Where the only witness to the facts of the case called by the Evidence of person defence is the person charged, he shall be called as a witness imme- charged. diately after the close of the evidence for the prosecution.

14. In cases where the right of reply depends upon the question Right of reply. whether evidence has been called for the defence, the fact that the person charged has been called as a witness shall not of itself confer

on the prosecution the right of reply.

cases.

15. (1) The wife or husband of a person charged with an offence Calling of husband under any enactment mentioned in the First Schedule to this Act or wife in certain may be called as a witness either for the prosecution or defence and without the consent of the person charged; and shall be both competent and compellable.

(2) Nothing in this Act shall affect the operation of any statute or rule of law in a case where

(a) the person charged with an offence is compellable to give evidence by virtue of the provisions of any enactment specially applicable to the case; or,

(b) the wife or husband of a person charged with an offence may, either under any enactment specially applicable to the case, or at common law, be called as a witness without the consent of that person.

accused persons.

16. A person may admit on his trial any fact alleged or sought Admissions by to be proved against him, and such admission shall be sufficient proof of the fact without other evidence: Provided that the admission shall be made by the accused either personally or by his counsel or solicitor in his presence, or, in the case of a body corporate, by its counsel or solicitor.

cross-examination.

17. (1) If any question put to a witness upon cross-examination Disallowance of relates to a matter not relevant to the proceeding, except in so far as it certain questions in affects the credit of the witness by injuring his character, it shall be cf. W.A. No. 28 of the duty of the Court to decide whether or not the witness shall be 1906, s. 25 (1). compelled to answer it, and the Court may, if it thinks fit, inform the witness that he is not obliged to answer it.

(2) In exercising this discretion the Court shall have regard to the considerations referred to in section 3 of the Evidence Further Amendment Act, 1888.

18. The Court may forbid any question it regards as---
(a) indecent or scandalous, although such question may have
some bearing on the case before the Court, unless the
question relates to facts in issue, or to matters necessary
to be known in order to determine whether or not the
facts in issue existed; or
(b) intended

Disallowance of scandalous and

insulting questions. Cf. ibid., s. 26.

Proof of public acts.

Proof of shipping documents and

matters connected therewith.

Proof of foreign law. Cf. W.A. No. 28 of 1906, s. 71.

Evidence Amendment Act.-1925.

(b) intended to insult or annoy, or needlessly offensive in form, notwithstanding that such question may be proper in

itself.

19. Where by any law at any time in force the Governor or any Minister of the Crown is authorised or empowered to do any act whatsoever, production of the Government Gazette purporting to contain a copy or notification of any such act shall be evidence of such act having been duly done.

20. (1) Any apparently genuine document which purports to be a bill of lading and to relate to any property which is, or has been, shipped shall be-

(a) admissible in evidence on production without further proof; and

(b) evidence that the ownership of the property referred to in the document is in the consignee named in the document or his assignee and of the particular facts stated or referred to in the bill of lading.

(2) Evidence of the description of any property which has been shipped, or of any writing, printing, or mark upon any such property, or on any package containing the same shall be receivable (without producing the original writing, printing, or mark, or requiring the production thereof by notice or otherwise) for the purpose of raising an inference as to the identity of such property with that referred to in any bill of lading.

(3) For the purposes of this section regard shall be had to any relevant circumstances including the source from which the bill of lading is produced, and the circumstances of its receipt or custody by the person producing it or by any person from whom it has been obtained for the purposes of production.

(4) In this section

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Bill of lading" includes manifest shipping receipt, consignment note, delivery order, or invoice, and any specification, schedule, or packing list annexed thereto or incorporated by reference therein.

Shipped" means shipped or carried or received for shipment or carriage by water or rail, to or from any port, railway station, or place in Australia.

21. Printed books purporting to contain statutes, crdinances, or other written laws in force in any country, although not purporting to have been printed or published by authority, and books purporting to contain reports of decisions of Courts or Judges in such country, and text books treating of the laws of such country, may be referred to by all Courts and persons authorised to receive evidence by law or by consent of parties for the purpose of ascertaining the laws in

force

Evidence Amendment Act.-1925.

force in such country; but such Courts or persons shall not be bound to accept or act on the statements in any such books as evidence of such laws.

22. All Courts and persons as aforesaid may, in matters of public history, literature, science, or art, refer, for the purposes of evidence, to such published books, calendars, maps, or charts as such Courts or persons consider to be of authority on the subjects to which they respectively relate: Provided that nothing herein contained shall be deemed to require any such Court or person to accept or act upon any such evidence when tendered, unless it or he thinks fit.

23. In any matter relating to―

(a) the ordinary course of the post between any place within the Commonwealth of Australia and any other place, whether within or without the said Commonwealth, or to the public business and transactions of the Post and Telegraph Department; or

(b) the territorial limits of the area controlled by any Municipal or District Council or other local governing body, or of any other area designated or proclaimed or appointed by or under any statute or to the inclusion in any such area or the exclusion therefrom of any particular place;

or

(c) the distance between any two places in the State; every Court or person authorised to receive evidence by law or by consent of parties may refer to

(i.) any such published book, map, chart, or document as such Court or person considers to be of authority upon the subject to which it relates; or

(ii.) any certificate purporting to be signed by some person occupying any official position which, in the opinion of such Court or person, qualifies him to certify to the fact in question:

Provided that nothing herein contained shall be deemed to require any such Court or person to accept or act upon any such evidence when tendered unless it or he thinks fit.

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out of the State.

24. (1) Any oath or affidavit required for the purpose of any Taking of affidavits Court or matter in the State may be taken or made, in any place out of the State, before

(a) a Commissioner for taking Affidavits in the Supreme Court empowered and authorised to act in that place; or

(b) a British diplomatic or consular agent exercising his function in that place; or

(c) any person having authority to administer an oath in that

place.

(2) Judicial

Extension of

provisions relating to affidavits to

attestation, &c., of other documents.

Discovery in actions for libel.

Evidence Amendment Act.-1925.

(2) Judicial and official notice may be taken

(a) of the signature or seal of any such commissioner or agent, or of any person having authority as aforesaid if he purports to have such authority, otherwise than by the law of a foreign country not under the dominion of His Majesty; and

(b) of the fact that any particular place is under the dominion of His Majesty.

(3) In the case of a person purporting to have such authority by the law of a foreign country not under the dominion of His Majesty, such authority may be verified by any of the persons mentioned in subsections 1 (a) and 1 (b), or by the certificate of the superior Court of such place, and if such authority purports to be so verified the oath or affidavit may be admitted or received without further proof of the signature or seal, or of the judicial, official, or other character of such first mentioned person.

(4) In this section

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Oath" includes affirmation and declaration :

"Affidavit" includes any statutory or other declaration, acknowledgment, or examination:

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"Diplomatic agent' means ambassador, envoy, minister,
chargé d'affaires, or secretary of embassy or legation:
"Consular agent" means consul-general, consul, vice-consul,
or consular agent, or acting consul-general, acting consul,
acting vice-consul, or acting consular agent.

25. (1) The provisions of section 24 shall, as far as applicable, extend to every attestation, verification, acknowledgment, or signature in relation to any document required, authorised, or permitted by or under any statute or by custom or otherwise to be attested, verified, acknowledged, or signed, and to the doing of all notarial acts as if such provisions had been re-enacted in this section, excluding words relating to the administration of oaths and the taking of affidavits and substituting therefor words relating to attestation, verification, acknowledgment, or signature, as the case may be.

(2) "Notarial act" includes any act, matter, or thing which in South Australia or elsewhere a notary public can attest or verify or otherwise do by or under any Act of Parliament or custom or otherwise for the purpose of being used in the State.

(3) The provisions of this section apply to documents required, authorised, or permitted by or under the Real Property Act, 1886.

26. In any action for damages arising out of the publication of any alleged libel and upon any application for discovery, as to any matter relating to the fact of publication as alleged, the defendant shall not be entitled to object to answer upon the ground of tendency to criminate,

Evidence Amendment Act.-1925.

criminate, but shall be compellable to make discovery, unless it appears that there is a reasonable probability of criminal proceedings being instituted against him: Provided always that such discovery shall not be made use of as evidence or otherwise in any other action or proceedings against the defendant.

In the name and on behalf of His Majesty, I hereby assent to this Bill.

T. SLANEY POOLE, Administrator.

B*-1669

SCHEDULES.

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