A

BILL,

INTITULED,

AN ACT for improving the Law of Evidence.

5

HEREAS 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 10 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, 15 and Commons, in this present Parliament assembled, and by the Authority of the same, THAT no person offered as a Witness shall hereafter be excluded by reason of incapacity from crime or interest from giving evidence, either in person or by deposition, according to the practice of the Court, on the trial of any issue 20 joined, or of any matter or question, or on any inquiry arising in any suit, action or proceeding, civil or criminal, in any Court, or before any Judge, Jury, Sheriff, Coroner, Magistrate, Officer or person having, by law or by consent of parties, authority to hear, receive and examine evidence; but that every person so offered may and shall be admitted to give evidence on oath or solemn affirmation in those cases wherein affirmation is by law receivable, notwithstanding that such person may or shall have an interest in the matter in question, or in the event of the trial of any issue, matter, question or injury, or of the suit, action or proceeding in

Proviso.

which he is offered as a Witness, and notwithstanding that such person offered as a Witness may have been previously convicted of any crime or offence: Provided, That this 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 5 sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in replevin may make cognizance, or the person in whose behalf any action may be brought on a policy of assurance or bill of exchange by a broker or other agent, or the husband or wife of such persons respectively: Provided also, That 10 this Act shall not repeal any provision in a certain Act passed in the Session of Parliament holden in the seventh year of the reign of his late Majesty and in the first year of the reign of Her present Majesty, intituled, "An Act for the Amendment of the Laws with respect to Wills:" Provided, That in courts of equity any defendant to any 15 cause pending in any such court may be examined as a witness on the behalf of the plaintiff or of any co-defendant in any such cause, behalf of the saving just exceptions; and that any interest which such defendant so

Not to repeal any Provision

in 7 W. 4, & 1 Vict. c 26.

In Courts of Equity, Defendant may be examined on

Plaintiff or

any Co-de

fendant, and

to be examined may have in the matters or any of the matters in his interest in question in the cause shall not be deemed a just exception to the 20 testimony of such defendant, but shall only be considered as affecting or tending to affect the credit of such defendant as a witness.

the cause

shall not be an exception to his testimony.

2.

In legal proceedings, not necessary to state that Jurors had made Affirmation.

3. Not to extend to Scotland.

And be it Enacted, That wherever, in any legal proceedings whatever, legal proceedings may be set out, it shall not be necessary to specify that any particular persons who acted as jurors had made affir- 25 mation 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 without oath.

Provided, That nothing in this Act shall extend to Scotland.