General of actions under local and personal acts. V. And whereas divers acts commonly called public limitation local and personal, or local and personal acts, and divers other acts of a local and personal nature, contain clauses limiting the time within which actions may be brought for anything done in pursuance of the said acts respectively: And whereas the periods of such limitations vary very much, and it is expedient that there should be one period of limitation only; be it therefore enacted, That from and after the passing of this act, the period within which any action may be brought for anything done under the authority or in pursuance of any such act or acts shall be two years, or in case of continuing damage, then within one year after_such damage shall have ceased; and that so much of any clause, provision, or enactment by which any other time or period of limitation is appointed or enacted shall be and the same is hereby repealed. Act not to extend to actions, &c. VI. Provided always, and be it enacted, That nothing herein contained shall extend or be construed to exbrought be- tend to any action, bill, plaint, or information, or any fore passing legal proceeding of any kind whatsoever, commenced before the passing of this act, but such proceedings may be thereupon had and taken in all respects as if this act had not passed. of this act. Witnesses 6 & 7 VICT. c. 85. An Act for improving the Law of Evidence. [22nd August, 1843.] WHEREAS the inquiry after truth in courts of justice is often obstructed by incapacities created by the present law, and it is desirable that full information as to the facts in issue, both in criminal and in civil cases, should be laid before the persons who are appointed to decide upon them, and that such persons should exercise their judgment on the credit of the witnesses adduced and on the truth of their testimony: now therefore be it 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, That no person offered as a witness shall here from crime or interest. fter be excluded by reason of incapacity from crime not to be exr interest from giving evidence, either in person or by cluded from giving evieposition, according to the practice of the court, on dence by he trial of any issue joined, or of any matter or ques- incapacity ion or on any inquiry arising in any suit, action, or roceeding, civil or criminal, in any court, or before ny judge, jury, sheriff, coroner, magistrate, officer, or erson having, by law or by consent of parties, auhority to hear, receive, and examine evidence; but hat every person so offered may and shall be admitted o give evidence on oath, or solemn affirmation in those ases wherein affirmation is by law receivable, notvithstanding that such person may or shall have an nterest in the matter in question, or in the event of the rial of any issue, matter, question, or injury, or of the uit, action, or proceeding in which he is offered as a vitness, and notwithstanding that such person offered s a witness may have been previously convicted of ny crime or offence: Provided that this act shall not Proviso. ender competent any party to any suit, action, or proeeding individually named in the record, or any lessor of the plaintiff, or tenant of premises sought to be reovered in ejectment, or the landlord or other person n whose right any defendant in replevin may make ognizance, or any person in whose immediate and inlividual behalf any action may be brought or defended, -ither wholly or in part, or the husband or wife of such persons respectively; provided also, that this act shall Not to renot repeal any provision in a certain act passed in the peal any provision in ession of parliament holden in the seventh year of the 7 Will. 4 & eign of his late majesty and the first year of the 1 Vict. c. 26. -eign of her present majesty, intituled "An Act for the mendment of the Laws with respect to Wills :" pro- In courts of ided that in courts of equity any defendant to any equity decause pending in any such court may be examined as a vitness on the behalf of the plaintiff or of any co-defend- amined on nt in any such cause, saving just exceptions; and that behalf of the ny interest which such defendant so to be examined any co-demay have in the matters or any of the matters in ques- fendant, &c. ion in the cause shall not be deemed a just exception o the testimony of such defendant, but shall only be considered as affecting or tending to affect the credit of uch defendant as a witness. fendant may be ex plaintiff or II. And be it enacted, That wherever in any legal In legal proproceedings, whatever legal proceedings may be set ceedings, ut, it shall not be necessary to specify that any par- sary to state not neces had made affirmation. that jurors ticular persons who acted as jurors had made affirmation instead of oath, but it may be stated that they served as jurymen, in the same manner as if no act had passed for enabling persons to serve as jurymen As to suits before pass without oath. III. And be it enacted, That nothing in this act commenced shall apply to or affect any suit, action, or proceeding brought or commenced before the passing of this act. IV. And be it enacted, That nothing in this Act shall extend to Scotland. ing this act. Not to extend to Scotland. Recited proviso in s. 1 of 6 & 7 Vict. c. 85, repealed. Parties to be admissible witnesses. 14 & 15 VICT. c. 99. 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. Šo much of section one of the act of the sixth and seventh years of her present majesty, chapter eightyfive, as provides that the said act shall not render competent any party to any suit, action, or proceeding individually named in the record, or any lessor of the plaintiff, or tenant of premises sought to be recovered in ejectment, or the landlord 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 defended, either wholly or in part," is hereby repealed. II. On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence, the parties thereto, and 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 e practice of the court, on behalf of either or any E the parties to the said suit, action, or other proeeding. compel per nal offence to give evi III. But nothing herein contained shall render any Nothing erson who in any criminal proceeding is charged with herein to e commission of any indictable offence, or any offence son charged unishable on summary conviction, competent or com- with crimiellable to give evidence for or against himself or herelf, or shall render any person compellable to answer dence tendy question tending to criminate himself or herself, ing to crirshall in any criminal proceeding render any hus- self, &c. and competent or compellable to give evidence for or gainst his wife, or any wife competent or compellable give evidence for or against her husband. minate him IV. Nothing herein contained shall apply to any Not to apply to proceedction, suit, proceeding, or bill in any court of common ings in conw, or in any ecclesiastical court, or in either house sequence of f parliament, instituted in consequence of adultery, adultery, r to any action for breach of promise of marriage. &c. provisions c. 26. authorized of docu V. Nothing herein contained shall repeal any pro- Nothing to ision contained in chapter twenty-six of the statute repeal any assed in the session of parliament holden in the of 7 Will. 4 eventh year of the reign of King William the Fourth & 1 Vict. nd the first year of the reign of her present majesty. VI. Whenever any action or other legal proceeding Common all henceforth be pending in any of the superior law courts ourts of common law at Westminster or Dublin, or to compel e_court of Common Pleas for the county palatine inspection f Lancaster, or the court of Pleas for the county ments f Durham, such court and each of the judges thereof whenever ay respectively, on application made for such pur- would grant equity ose by either of the litigants, compel the opposite discovery. arty to allow the party making the application to spect all documents in the custody or under the conol of such opposite party relating to such action or ther legal proceeding, and, if necessary, to take exained copies of the same, or to procure the same to be uly stamped, in all cases in which previous to the assing of this act a discovery might have been obined by filing a bill or by any other proceeding in a ourt of equity at the instance of the party so making oplication as aforesaid to the said court or judge. VII. All proclamations, treaties, and other acts of Foreign and ate of any foreign state or of any British colony, and colonial acts 1 judgments, decrees, orders, and other judicial pro- judgments, edings of any court of justice in any foreign state or &c., prova of state, without ble by certi- in any British colony, and all affidavits, pleadings, and fied copies, other legal documents filed or deposited in any such proof of seal court, may be proved in any court of justice, or before or signature any person having by law or by consent of parties or judicial authority to hear, receive, and examine evidence, either person sign- by examined copies or by copies authenticated as hereing the character of inafter 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 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 an affi davit, 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 if 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 which shall purport to be under the common seal of the society of the art and mystery of apothecaries of the city of London, shall be received in evidence in any court of justice, and before any person having by law or by consent of parties authority to hear, receive, and examine evidence, without any proof of the said seal, or of the authenticity of the said cer tificate, 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. |