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(6) The wife or husband of the person charged shall
not be called as a witness in pursuance of this
act without the consent of the person so
charged, save that where a man is charged
under either of the acts mentioned in the First
Schedule to this act with neglecting to main-
tain or with deserting his wife, his wife may
be called as a witness without his consent;
(c) A person charged and being a witness in pursu-
ance of this act shall not have the right to refuse
to answer any question on the ground that it
would tend to criminate him as to the offence
charged;

(d) A person called as a witness in pursuance of this
act shall not be asked, and if asked shall not
be required to answer, any question tending
to show that any person charged has com-
mitted or been convicted of any offence other
than that wherewith he is then charged, or is
of bad character unless-

(i) The proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged; or

(ii) The person charged has asked questions of the witnesses for the prosecution with a view to establish his good character, or called witnesses to his good character, or otherwise has given evidence of good character.

2. In Scotland, in a case where a list of witnesses is required, the husband or wife of a person charged shall not be called as a witness in pursuance of this act, unless the name of such husband or wife, as the case may be, appears in the list of witnesses for either the prosecution or the defence.

3. The enactments specified in the Second Schedule to this act are hereby repealed to the extent in the third column of that schedule mentioned.

4. This act may be cited as the Criminal Evidence Act, 1892.

Session and Chapter.

SCHEDULES.

FIRST SCHEDULE.

ACTS REFERRED TO.

Title.

5 Geo. 4, c. 83.... An Act for the punishment of idle and disorderly persons, and rogues and vagabonds, in that part of Great Britain called England. 10 & 11 Vict. c. 84. An Act to make provision for the punishment of vagrants and persons offending against the laws in force for the relief of the destitute poor in Ireland.

SECOND SCHEDULE.

ENACTMENTS REPEALED.

Session and
Chapter.

Title or Short Title.

35 & 36 Vict. c. 77.

Metalliferous Mines Re-
gulation Act, 1872.

35 & 36 Vict. Licensing Act, 1872

c. 94.

38 & 39 Vict. c. 63.

38 & 39 Vict. c. 86.

39 & 40 Vict. c. 80.

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Extent of Repeal.

In section thirty-four, from "The owner" to "another person" (being sub-section 4).

In section fifty-one, from "and in all cases" to "give evidence."

Sale of Food and Drugs In section twenty-one, from

Act, 1875.

Conspiracy and Protec-
tion of Property Act,

1875.
Merchant Shipping Act,
1876.

"and the defendant" to the end of the section. Section eleven.

In section four, the words (twice occurring) "and for the purpose of giving such proof he may give evidence in the same manner as any other witness."

Session and
Chapter.

Title or Short Title.

Extent of Repeal.

41 & 42 Vict. c. 12.

41 & 42 Vict.

c. 74.

An Act for the Preven- Section three.

tion of Accidents by

Threshing Machines.

Contagious Diseases, In section sixty-six, from

(Animals) Act, 1878.

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"A person charged " to
66 any other witness"
(being sub-section six).
In section one hundred and
fifty-six, from "A person
charged" to "in the case"
(being sub-section three).
In section four, from "In
any proceeding to the

end of the section.
In section fifty-three, from

66 on any prosecution un-
der this Act" to
"wit-
ness in the case."
Section twenty.

Section ten, from "A de-
fendant" to "any other
witness" (being sub-sec-
tion one).

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INDEX.

ABSENT WITNESSES:

statements by, when admissible

ACCEPTANCE:

of contract, by post

of contract must be unqualified

:

of goods, within Statute of Frauds, may be implied

ACCOMPLICE:

is a competent witness

evidence of, must be corroborated
dying declaration by, is admissible
confession is not evidence against

ACCOUNT:

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taken by direction of court, is primâ facie evidence of
contents

presumption of accuracy of, when unobjected to
right to, proof of

fraudulent item in, is ground for reopening ::

236, 290
285, 289

538

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538

must be set out, by executor answering interrogatories.. 645

ACKNOWLEDGMENT:

sufficiency of, within Statutes of Limitation, is a ques-
tion for judge

..

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of receipt of rent, is not evidence of title

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of landlord's title, is evidence against subsequent tenants 223
in deed, of payment of consideration is conclusive

of wills to attesting witnesses

of debt barred by limitation must be in writing

of debt barred by limitation must be unconditional
of specialty debt must be in writing

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mere omission to take legal proceedings is not..
by not answering letters

..

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