c. 22. 1843. 6&7 Vic. God and of any religious belief, are incapable of giving evidence Island Act. on oath in any court of justice within such colonies or plantations: And whereas doubts have arisen whether any laws which have been or which might be made by the legislatures of such colonies respectively, to provide for the admissibility in such courts of the evidence of such persons are not or would not be repugnant to the law of England, and therefore null and void, and it is expedient that such doubts should be removed: Be it therefore enacted, That no law or ordinance made or to be made by the legislature of any British colony for the admission of the evidence of any such persons as aforesaid in any court, or before any magistrate within any such colony, shall be or be deemed to have been null and void or invalid by reason of any repugnancy or supposed repugnancy of any such enactment to the law of England, but that every law or ordinance made or to be made by any such legislatures as aforesaid, for the admission before any such court or magistrate of the evidence of any such persons as aforesaid on any conditions thereby imposed, shall have such and the same effect, and shall be subject to the confirmation or disallowance of her majesty in such and the same manner, as any other law or ordinance enacted for any other purpose by such colonial legislature. 6 & 7 VIC. c. 98. 6 and 7 VIC. c. 98.] For more effectual suppression of the slave British stat. trade. 1843. Evidence may be taken transmitted of Queen's Bench. BRIT. [24th August, 1843.] 6 and 7 Vic. c. 98, sec. 4.] Whereas the provisions heretofore made for the hearing and determining in England of offences abroad, and committed against the acts for the abolition of the slave trade to the court in places out of this United Kingdom have been found ineffectual, by reason of the difficulty of proving in this kingdom matters and things done elsewhere: Be it enacted, That in all cases of indictment or information laid or exhibited in the court of queen's bench for misdemeanors or offences committed against the said act, or against this present act in any places out of the United Kingdom and within any British colony, settlement, plantation, or territory, it shall and may be lawful for her majesty's said court, upon motion to be made on behalf of the prosecutor or defendant, to award a writ or writs of mandamus, requiring the chief justice or other chief judicial officer in such colony, settlement, plantation, or territory, who are hereby respectively authorized and required accordingly to hold a court with all convenient speed for the examination of witnesses and receiving other proofs concerning the matters charged in such indictment or informations respectively, and in the meantime to cause public notice to be given of the holding of such courts c. 98. 1843. and summonses to be issued for the attendances of witnesses 6 & 7 VIC. and of agents and counsel of the parties; and such examinations British stat. as aforesaid shall be then and there openly and publicly taken in the said court vivâ voce upon the respective oaths of the persons examined and be reduced to writing, and be sent to her majesty in her court of Queen's Bench (in manner set forth and prescribed in an act passed in the thirteenth year of George the Third, chapter sixty-three, intituled, An Act for stablishing certain regulations for the better management of the affairs of the East India Company as well in India as in Europe), and such depositions being duly taken and returned according to the true intent and meaning of this act shall be allowed and read, and shall be deemed as good and competent evidence as if such witnesses had been present and sworn, and examined viva voce at any trial for such misdemeanors and offences as aforesaid, in her majesty's said court of Queen's Bench, any law or usage to the contrary thereof notwithstanding. 7 VIC. c. 5.] For amending the laws of evidence in certain 7 VIC. c. 5. cases. (a) ISLD. [3rd Nov., 1843.] Island Act. 1843. offender 7 Vic. c. 5, sec. 2.] Whereas there are certain misdemeanors which render the parties convicted thereof incompetent witnesses, and it is expedient to restore the competency of such persons after they have undergone their punishment: Be it therefore where enacted, That when any offender hath been or shall be convicted hath enof any such misdemeanor (except perjury or subornation of dured punperjury), and hath endured or shall endure the punishment to shall not be which such offender hath been or shall be adjudged for the same, incompe such offender shall not, after the punishment so endured, be ness. deemed to be by reason of such misdemeanor an incompetent witness in any court or proceeding, civil or criminal. ishment, he deemed an tent wit 7 VIC. c. 31.] For improving the law of evidence. ISLD. [1843.] 7 Vic. c. 31, sec. 1.] Whereas the enquiry 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 (a) See COMMUTATIONS-PARDONS. (Post.) X 7 Vic. c. 31. Island Act. 1843. Island Act. 1843. not to be incapacitated from crime or interest civil or criminal matters, save and except when guilty of perjury, or Proviso. 7 VIC. c. 31. that such persons should exercise their judgment on the credit of the witnesses adduced, and on the truth of their testimony: Be it enacted, That no person offered as a witness shall hereafter be Witnesses 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 joined, or of from giving any matter or question, or on any inquiry arising in any suit, evidence in action, or proceeding, civil or criminal, in any court, or before any judge, jury, coroner, magistrate, officer, or person having by law or by consent of parties, authority to hear, receive, and examine evidence, (a) 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 inquiry, or of the suit, action, proceeding in which he is offered as a witness, and notwithstanding Subornation that such persons offered as a witness may have been previously of perjury. convicted of any crime or offence (perjury and subornation of perjury excepted): Provided That this act shall not render competent any party to any suit, action, or proceeding, individually named in the record, or any leasor 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, or the husband or wife of such persons respectively: Provided also, That this act shall not repeal any provisions in a certain act passed in the third year of the reign of her present majesty, intituled, "An Act for the amendment of laws with respect to wills:" Provided, That in courts of equity any defendant to any cause depending in such court may be examined as a witness on the behalf of the plaintiff or of any co-defendant in any such cause, saving just exceptions, and that any interest which such defendant so to be examined may have in the matters or any of the matters in question in the cause shall not be deemed a just exception to the testimony of such defendant, but shall only be considered as affecting or tending to affect the credit of such defendant as a witness. Proviso. Proviso. 8 & 9 VIC. c. 85. British stat. 1845. 8 and 9 VIC. c. 85.] For the management of the customs. BRIT. [4th August, 1845.] 8 and 9 Vic c. 85, sec. 27.] In all cases wherein proof on oath shall be required by any law, or for the satisfaction or consider (a) For provisos to this act, see vol. ii. Administration of Civil Justice. VIC. c. 85 1845. ation of the commissioners of her majesty's customs, in any 8 & 9 Vic. matter relating to any business under their management, the British stat. same may be made before the collector or comptroller of the customs at the port where such proof shall be required to be Commismade, or before the persons acting for them respectively, and sioners of who are hereby authorised and empowered to administer the collectors, same. customs, &c., author ized to administer oaths. Commissioners of her majesty's cus toms, sur veyors ge oath. 28. Upon examinations and inquiries made by any commissioners of her majesty's customs, or any one or more of them for the time being, or by any surveyor general of the customs, or any inspector general of the customs, for ascertaining the truth of facts relative to the customs, or the conduct of officers neral, &c., or persons employed therein, and upon the like examination may examand inquiries made by the collector and comptroller of any nesses upon outport in the United Kingdom, or of any port in the Isle of Man, or made by any person or persons in any of the British possessions abroad, appointed by the commissioners of her majesty's customs to make such examinations and inquiries; any person examined before him or them as a witness shall deliver his testimony on oath, to be administered by such of the said commissioners, surveyors general, or such of the inspectors general, or such collector or comptroller, or such person or persons as shall examine any such witness, and who are hereby authorised to administer such oath; and if any person shall be Palse oath convicted of making a false oath touching any of the facte so perjury. testified on oath, or of giving false evidence on his examination on oath before any one or more of the said commissioners, or any of the surveyors general, or inspectors general of the customs, or such collector or comptroller, or such person or persons, in conformity to the directions of this act, every such person so convicted as aforesaid shall be deemed guilty of perjury, and shall be liable to the pains and penalties to which persons are liable for wilful and corrupt perjury. deemed 8 and 9 VIC. c. 89.] For the encouragement of British shipping 8 & 9 Vic. and navigation. c. 89. British stat. BRIT. [4th August, 1845.] 1845. declara tracts fioin registry, 8 and 9 Vic, c. 89, sec. 43.] Whereas great inconvenience hath Copies of arisen from the registering officers being served with subpoenas tions, &c., requiring them to bring with them and produce on trial in courts and exof law relative to the ownery of vessels or otherwise, the oaths books of or declarations required to be taken by the owners thereof, admitted in prior to the registering thereof, and the books of registry or copies or extracts therefrom: and whereas it would tend much to the despatch of business if the attendance of such registering evidence. c. 89. 1845. 8 & 9 Vio officers with the same upon such trials were dispensed with; British stat. Be it therefore enacted, That the collector and comptroller of her majesty's customs at any port or place, and the person or persons acting for them respectively shall upon every reasonable request by any person or persons whomsoever, produce and exhibit for his, her, or their inspection and examination any oath or declaration sworn or made by any such owner or owners, proprietor or proprietors, and also any register or entry in any book or books of registry required by this act to be made or kept relative to any ship or vessel, and shall upon every reasonable request by any person or persons whomsoever permit him, her, or them to take a copy or copies, or an extract or extracts thereof respectively, and that the copy and copies of any such oath or declaration, register, or entry, shall upon being proved to be a true copy or copies thereof respectively, be allowed and received as evidence upon every trial at law, without the production of the original or originals, and without the testimony or attendance of any collector or comptroller or other person or persons acting for them respectively in all cases as fully and to all intents and purposes as such original or originals, if produced by any collector or collectors, comptroller or comptrollers, or other person or persons acting for them, could or might legally be admitted or received in evidence. 8 & 9 VIC. c. 113. 8 and 9 VIC. c. 113.] To facilitate the admission in evidence of British stat. certain official and other documents. 1845. BRIT. [8th August, 1845.] 8 and 9 Vic. c. 13, sec. 1.] Whereas it is provided by many statutes that various certificates, official and public documents, and proceedings of corporations, and of joint stock and other companies, and certified copies of documents, bye laws, entries in registers and other books, shall be receivable in evidence of certain particulars in courts of justice, provided they be respectively authenticated in the manner prescribed by such statutes, And whereas the beneficial effect of these provisions has been found by experience to be greatly diminished by the difficulty of proving that the said documents are genuine, and it is expedient to facilitate the admission in evidence of such and the like documents, Be it therefore enacted, That whenever, by any act now in force, or hereafter to be in force, any certificate, official or public document or documents, or proceeding of any corporation, or joint stock or other company, or any or signature, certified copy of any document, bye law, entry in any register son signing or other book, or of any other proceeding, shall be receivable in evidence of any particular in any court of justice, or before any legal tribunal, or either house of parliament, or any Certain documents to be received in evidence without proof of sea &c., of per the same. |