Section 11. On the trial of any issue joined, or of any matter or question, or

11. On the trial of any issue joined, or of any matter or question, or Parties to be admissible on any inquiry arising in any suit, action, Or other pro- witnesses. ceeding in any of Her Majesty's Courts of Justice, or befor8 any person having, by law or by consent of parties, authority to hear, receive, and examine evidence with respect to, or concerning any suit, P -. - - . - . .--. - - . .- 1 I I t q, ... . ACT No. XV. OF 1852. suit, action, or other proceeding in any of such Courts, the parties thereto, and the persons in whose behalf any such suit, action, or other procced[ing, may be brought or defended, shall, except ] hereinafter excepted, be competent and obmpellable to give' evidence, either viva voce, or by deposition, according to the practice of the Courts, on behalf of either or any of the parties to the said suit, action, or other proceeding. c- `p` 7 111. But nothing herein contained shall render any person, who in 'i @&ti- jl&'&n@ll&le . . any *$~i(iri&procaedidg . , . . . . . ... . . . is < . . ~-bp~gd'wjth'$btb~ .. ... . , to criminate themselves. Husband and wife not of any . . i~&ietab!.e . . . o f f b ~ c ~ , . . , . . `@*` itny_ .: offence puiishab\eon compellable to give evidence for or against each summary conviction, competent or compellable to give other. . evidence for or against-. himself . . , . . . or herself, or shall render. .. ' . any person com&lable to a6swer any question tending to criminate himself or herself, or shall in any criminal proceeding render any shusbapd wife competent or compellable -- to gi+e evidende for or kainst her husi band. - -. - . - , . I . . &~i~mie$-iofi ' P - . . \ : , , - . , . ,. A C ~ not `to` apply to pro- beeding $n Court of c e ~ m o n : Law, or in. any ':~c-' w* actions for breach f"! ddtPYlt°~ of or pre- &' ' : &s&&tid'Court, .instituted , ~n::consequence of dd~ltery; *@ $ +&&$: : ' by to &*Yl for breach of ,bf .rn&qe, . . ' ; . , . . . : . . . . . , . . . - . . . . . . - . . - - . .. ,: . . v,, -Nothing'hkrdin rnnGned repeal. aBy eonb,bed, The Wills' Act not re- in .Act XXv. .of.138., . . 7 . . . . ~ . . . pealed. 4 . VI . m e n e v e r any aotion or other legal proceeding shall henceforth. -be.pend.ing in any of Her Majesty's Courts, sueh Court. and each of the Judges thereof may respectively, on ap-. plication made ffor such purpose by either of .+He litigants, compel the opposite party to allow the party making I : . , -. . . , . '* T ACT No. XV. OF 1882.[/ ] making the appliaakbn to inspect all documents in the custody or under the control of such opposite party relating to such action or other legal proceeding, and, if necessary, to take examined copies of the same, or to procure the same to be duly stamped, in all cases in which previous to the passing of this Act, a diseovery might have been obtained by filing a bill, or by any other prsceeding in a Court of Equity at the instance of the party so making application as aforesaid to the said Court or Judge. Provided always, that every such application shall be d e as aforesaid before issue joined in .any such action, and twenty-one days before the trial. `or` hearing of any other legd proceeding. VII. All Prodamations, Treaties, and other Ads of State of any Foreign State, or of the East India Company, ox of any Foreign and Colonial ~ ~ o t s of State, judgments, Territo~ under th6 Government of the East India Corn- &c., provable by certified ~+a, ~ t h ~ ~ of t pany, .or of any British Colony, and. all judgments, deseal or signature or judicial. dawcterof person ~si& areks, orders, and other judicial proceedings of any ing the same. C o d of Justice irt any Foreign State, or in any of the Territories under the Government of the East India Company, or in any British Colony, and all afiiia~its, pleadings, and other legal documentsfiled or deposited in any such Court, may be proved in any:of Her Majesty's Courts of Justice, or before any person having, by law or by consent of parties, authority to hear, receive, clad examine evidence as aforesaid, either by examined copies, or by copies authenticated as hereinafter mentioned ; that is-to say, if the document sought to be proved be a Proclamation, %eaty, 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 of the East India Company, or of the Territory under the Government of the East India Company, or of the 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 of any Court within the Territories under the ACT No. XV. OF 1852. /! the Government of the East India Company, or an affidavit, pleading, or other legal document filed or deposited in any such Court, the nuthenticated copy to be admissible in evidence, must purport either to be sealed with the Seal of tkie Foreign or Colonial Court, or Court within the Territories under the Government of the East India Company 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 jn e e r y case in which the original document could have been received in evidence, witkiout any proof of the Seal, where a Seal is necessary, or of the signature, or of thel 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 Register of a Vessel kept' under Act X. of 1841, or Registers of ~ritish. under any of the Acts of Parliament relating to the reVessels and Certificates of Registry admissible with- gistry of Britisll Vessels, may be proved in any of Her out -proof of signature. Majesty's Courts of Justice; or before any person having, by. law or by consent of parties, aukhority to hear, receive, and examine evidence as aforesaid, either by the production of the original, or by an examined copy thereof, or by a copy ,thereof, purporting to be certified under the hand of the person liaving the-charge of the original, and which person is hereby required to furnish such certified copy to any person applying at a reasonable time for the same, upon payment of the sum of one Rupee ; and every such Register, or such copy of a Register, and also every Certificate of 'Registry granted uncler the said Act or any bf the Acts of Parliatnent relating to tlie registry of British Vessels, and pur- porting i i I ! a c ' + I , . ACT No. XV. OF 1852. porting to be signed as required by law, shall be received in evidence in anyc of Her Majesty's Courts of Justice, or before any person having, by law or by consent of parties, authority to hear, receive, and examine evidence as aforesaid, as prim& facie proof of all the matters contained ox recited in such Register, when the Register, or such copy thereof as +foresaitl, is proclilcecl, and of all the matters contained or recited in or eridorsed on such Certificate of Registry when the said Certificate is *produced. s I - IX. ' Whenever in any proceeding whatever it may be necessary to prove the trial and conwiction.or acquittal of any person Where necessary to prove conviction or acquit- charged with any indictable offence, it shall not be ne- tal, not necessary to proktttuce record, but Certifi- cessary to produce the record of the conviction or cate of Clerk of Court. acquittal of such person, or a copy thereof, but it shall -be sufficient that it %be certified or purport to.be certified under the hand of the Clerk of the Cou~t or other Officer having the custody of the records of the Court where such conviction or acquittal took place, or by the Deputy of such Clerk or other Officer, that the paper produced is a copy of the record of the indictment, trial, conviction, and judgment or acquittal, ns t,he case map be, omitting the formal parts, thereof. X. Whenever any book or other doculnent is of such a public eatture Examined or certified[as to be admissible in evidence on its mere production ] , - cppies of documents dmis- froin the proper custody, arid no Statrute or Act exists sible. wliich renders its contents provable by means of a copy, any copy thereof, or extract therefrom, shall be admissible in evidence in any of Her Majesty's Courts of Justice, or before any person now or here-: after having, by law or by consent of parties, authority to hear, receive, and exltlnine evidence as aforesaid, provijed it he proved to be examined copy 01- extract, or provided it pu<ports to be signed and certified as n true copy or extract by the Officer to whose cust0.d~ the oiigi- B nal ACT No. XV. OF 1852. I I t ,/' `i'` nal'is entrusted, and which Officer is hereby required to furnish such cer- tified copy or extract to any person applying at a reasonable time for the same, upon payment of a reasonable sum for the same, not exceedi~lg four annas for every folio of ninety words. XI. If any Officer authorized or required by this Act to hrnish any b r q i n g a f h doc,- certified copies or extracts shall wilfully cert* any ment a misdemeanor. document as being a t#rue copy or extract, knowing; that the same is not a true copy or extract, as the case may be, he shall be guilty 0f.a niisdemeanor, and be liable, upon conviction, to imprisoninent for any term not exceeding eighteen months. XII. All Her Majesty's Courts withk the British Territories under the C+overnment of the East India Company, and every Court, `&c.,` may admi&st@, ~ t k . Judge and Justice of such Courts, and every Officer, Commissioner, Arbitrator or other person, now or hereifter having, by law OF by consept of parties, authority to hear, receive, and examine exidence with respect to or concerning any suit, action, or other proceedi~gi a ny df such Courts, is hereby. empowered to. administer an oath ta all such witnesses `as` are-legally citlle& before them respectively. XIII. If any. person shall forge the seal, stamp, or signature of Persons forging seal,[any, document in this Act mentioned or referred to, or ] stamps or sjgqatureo! cer- shall tender in evidence any such document with a false tain documents, or wilfully sama guilty guilty ait"g-the `of` felony, sama guilty guilty qr counterfeit seal; stamp, or signature thereto, know- ing the same to be false or counterfeit, he shall be guilty df felony, and shall, upon conviction, be liable to transportationfor seven p$,m, or to imprisonment for any term not exceeding three years, nor less,than one year, with hard labour ; and whenever any such document shdl h a v ~ be& admitted in evidence by virtue of this Act, the CoGrt, or the pertson-who shall have admitted the same, may, at the req~est of any party ' _ ( "\ 4 ACT No. XV. O F 1852. party against whom the same is so admitted in evidence, direct that the same shall be impounded and be kept in the custody of some Officer of the Court or other proper person, for such period, and subject to such conditions, as to the said Court or person shall seem meet ; and every person who shall be charged with committing any felony under this Act may be dealt with, indicted, tried, and, if convicted, sentenced, and his offence may be laid and charged to have been committed in the place in which he shall be apprehended or be in custody ; and every accessory before or after the fact to any such offence may be dealt with, indicted, tried, and, if convicted, sentenced, and his offence Inay be laid and charged to have been committed in any place in which the principal offender may be tried. XIV. This Act shall come into operation from and after the tenth day of April, One thousand eight hundred and fifty-two. Cltlc~ltte, la2 :-Priliteci at the Berlgel Military Orphan `Press,` by P. Cerbev.