Section 2. Persons of unsound mind, who, at the time of their cxarniiiation, appear incapable of receiving just

2. Persons of unsound mind, who, at the time of their cxarniiiation, appear incapable of receiving just impressions of the facts Insane persons. respecting which they are examined, or of relating them truly; and no person who is known to be of unsound mind shdl be liable , Not `tn` be to be summoned as a witness, without the consent prewithoutleavoof Co~rt. viously obtained of the Court or person before whom his attendance is required. XV. Any person who, by reason of immature age or want of religious Children and persons belief, or who, by reason of defect of religious belief, ought be- not, in the opinion of such Court or person, to be admitlief to testify on simple affirmation. ted to give cviclence on oath or solemn affirmation, shall be admitted to give evidence on a simple affirmation, declariug that he will speak the truth, the whole truth,.and nothing but the truth. XVI. The provisions in the last precerling Section as to witnesses shall Provisions as to witness[apply to testimony given by affidavit or otherwise in ] to apply `to` affidavits* kc. writing as well as to testimony orally delivered. XVII. Any such witness wilfully giving false evidenco shall be subPunishment for giving ject to be proceeded against in like manner, and to suffer, false evidence. if convicted, the same punishment as if he had been sworn and had committed wilful and corrupt perjury. The indictment or charge shall be varied so as to meet the case. XVIII. No person shall, by reason of any interest in the result of any NO incompetency from[suit or ][of ][any interest connected therewith, or by reason ] interest in suit. of relationship to any of the partics thereto, be incornpetent to give evidence in such suit. XTX: Any party to a civil suit or other proceeding of a civil nature Party to suit be shall be competent and may be compelled to give evidence examined as a witness. as a witness therein either on his own behalf or on behalf of any otlier party to the suit or proceeding, and also to produce any document in his possession or power, in the same manner as if he were not a party to the suit or proceeding. Provided that Proviso. no Court or person as aforesaid, other than Her Majesty's Supreme Courts. of Judicature, shall compel the attendance of any party to such suit or proceeding, for the purpose of giving evidence therein, except ' ACT No. I1 OF 1856. except nnder and subject to the rules prescribed in that behalf in Act X I X of 1853. XXIII. Every witness summoned to produce a. docizuient shall, if the same be in his custody, possession, or power, be bound to Witiwss summoned to produce a document must bring it, or cause it to be brought into Court ; although bring it illto Court. there be a valid objection to the right of the party calling for it to compel its production or to the reading or putting it in as evidence, Ndde of determining ob01' to the disclosure of the contents thereof, the validity jection to production. of any such objection made by the person producing the document shall bs determined by the Court ; and for the better determination thereof, it shall be lawful for the Court to receive any admissible evidence which the person producing the document may give respecting it, and it shall also be lawful for the Court, e s c ~ p t in the case of any document relating B ACT No. II op 1855. relating to affairs of State, to inspect the documeizt, and, if necessary, to J J relating ~ to ~[call to its assistance any perso11 whom ] ~ ~ ~ ~ ~ ~[it ][may ] ~[appoint to ] affairs of State. interpret the same. Such person, liomever, shall be previously sworn truly to interpret the same to the Court alone, and not to disclose the contents thereof except to the Court, unless the Court shall order the document to be given in evidence. XXIV. A Barrister, Attorney, or Vakeel shall not, without the conProfessional commllni- sent of his client, disclose any colninunication made by cations. the client to him in the course of his professional employ. ment, nor any advice given by him professionally to liis client, noy the contents of any document of his client, the knowledge of which he shall have acquired in the course of his professional employment. The privilege, however, is that of the client, and if any party to a suit shall give evidence therein, at his own instance, he shall be deemed thereby to have waived his privilege, and to have consented to the disclosure by such Barrister, Attorney, or Vakeel, of any matter as aforesaid, which may be relevant, and which, the Barrister, Attorney, or Vakeel tvould have been bound to clisclose but for the privilege of his client; and the Barrister, Attorney, or Vakeel shall be bound upon examination to disclose any such matter. XXV. Any person present in Court, whether a party or not, may be called upon and compelled by the Court to give evidence, Persons present in Cowt to give evidence, kc., and produce any document then and there in his actual though not summoned. possession, or in his power, in the same manner and subject to the same rules as if l ~ e had been summoned to attend and give evidence, or to produce such document, and may be punished in like manner for any , `a, 1` `L"` .- "Ley 6 - the order of the Court. XXVI. Any peyson, whether a party to the suit or not, may be sumnioned to produce a document without being summoned Person summoned to produce a document not to give evidence, and any person summoned merely to bound t o attend personally. produce a document, shall be deemed to have compliecl with the summons, if he cause such document to be produced instead of attending personally to produce the same. XXVII. The Rules of evidence in Her Majesty's Supreme Courts as to ~~l~~ of evidence in matters of Ecclesiastical or Admiralty Civil Jurisdiction, Supreme Courts ou Ec- clesiastical aud Admiraltv shall be the same as they are on the Plea, side of the sides. . said Conrts. , XXVIII. Except ! i i 1 g B ; t ACT Wo. I1 OF 1865. XXVIII. Except in cases of treason, the direct evidence of one witness, who is entitled to full credit, shall be sufficient for proof Evidence of one witness sufficient proof. of any fact in any such Court or before any snch person. Proviso. But this provision sljdl not affect any rule or practice of any Court that requires corroborative evidence in support of the testimony of an accomplice or of a single witness in the case of perjury. XXIX. Where dying declarations are evidence, they shall be received if Dyiugdeclarations wbeu ii be proved that the deceased was at the time of malting admissible. 8 the declaration, and then thought hilliself to be in danger of approaching death, though he entertained at the time of making it hope of recovery. XXX. The party at whose instance a witness is examined may, wit11 the to crosspermission of such Cours or person, cross-examine such examine, all& discredit his witness to test his veracity, in the same manner as if he omn witness. had not been called at his instance, and may be allowed to show that the witness has varied from a previous statement made by him. XXXI. I n order to corroborate the testimony of a witness, any former statement made by such witness, relating to the same Former st3tement admissible to corroborate a fact, at or about the time when the fact took place, or witness. before any authority legally competent to investigate the fact, shall be admissible, and for that purpose a copy of any deposition or statement taken before any Court, Judge, Justice of the Peace, Magistrate or person lawfully exercising the powers of a Nagistrate, or before a Commisl sioner or Superintendent for the Suppression of Thuggee or Dacoity in the discharge of his duty, shall, if certified by such Court, Judge, or other Officer above-mentioned, under his hand or the Official Seal of the Court, or under the hand or Official Seal of such Judge, to be a true copy of such deposition or statement, without further proof, be received as prirna" facie evidence that such deposition or statement mas made, and thit it was made at the time and place, and under the circumstances, if any, which shall be stated in the certificate or on the face of the deposition or statement. XXXII. A witness shall not be excused from answering any question Witness boulld to an-[relevant to the matter in issue in auy suit or in any Civil ] smer criminating qnes- or Criminal proceeding, upon the ground that the .tions. answer to such question will crkllina,te, or may tend, directly `P` ACT No. I1 OF `1855.` ' directly or indirectly, to criminate such witness, or that it will expose, or tend, directly or indirectly, Go expuse suull witness to a penalty or forfeiture of any kind. Provided that no such answer, which a witness Proviso. shall be compelled to give, shall, except for the purpose of punishing such person for wilfully giving false evidence upon such examination, subject him to any arrest or prosecution, or be used as evidence against such witness in any criminal proceeding. XXXIII.[A ][witness in any cause may be questioned as to whether he ] has been convicted of any felony or misdemeanor, and ' (t upon being so .questioned, if he either denies the fact or refuses to answer, it shall be lawful for the opposite party Witness may be exalnilled as to conviction for felony. to prove such conviction. XXXIV. A witness may be cross-examined as to previous statements C~OSS-examiuatiou as to made by him in writing, or reduced into writing, relative premous written state- to the subject matter of tlie cause, without such writing ments. being shown to him ; but if it is intended to c ~ n t ~ a d i c t such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for tile purpose of so contradicting him. Provided always that it shall be competent for the Judge, at any time during the, trial, to Proviso. require the production of the writing for his inspection, and he may thereupon make such use of it for the purposes of the trial as he shall think fit. XXXV. An impression of a document made by a Copy of a document by acopying tnachille copying machine shall be taken without further proof to to be deemed correct. be a correct copy. XXXVI. When an original document is out of the reach of the process of the Court, it shall be lawful for the Court, on applicaAdmission of geco~idary eviden, where tion to it in any Civil suit or proceeding, and on notice to nal document is out of the the opposite party at a reasonable time before the hearing, reach of process. to make an order for the reception of secondary evidence of its execution and contents. XXXVII. An attested document may be proved When attested document be proved as[as if unattested, unless ][it ][be a document to the validity ][of ] if unattested. which attestation is requisite. XXXVIII. The ACT No. P I OF 1855. XXXVIPP. .The admission of a party to an attested instrument of its execution by himself shall be as against him sufficient Admission prima ,fmie proof of an attested docu- prim& jbcie proof of such execution of it, though it be an meiit. instrument which is required by law to be attested. XXXIX. Any entry or statement, which would be admissible in eviEntry made against indeuce* after the death of the person who made it, on the terest in of buground of its having been made against the interest of siiiess when admissible in life-time of person making the persoil malcing it, or Qn the ground of its having been `It.` made in the ordinary course of business, sl~all be admissible, though the person who made it be not dead, if he is inoapable of giving evidence by, reuon of his subsequent loss of understanding, or is at the time of the trial or hearing bondJide and permanently beyond the reach of the process of the Court, or cannot after diligent search be found. XL. Any entry in any books proved to have been regularly kept in the course of business or in any public office, so far as such Entry in course of busiiiess when admissible for entry merely refers t~ and tends t~ identify by name, puipose of identification. desqription, number, or otherwise any Bank Notes or other Securities for the payment of money, or other property, and the payer-in or receiver of them, shall, in any case where such identification is necessary to be proved, be admissible in evidence for that limited purpose if it shall appear to have been made at or about the t h e of the transactionfto which it relates, though the person who made it, or he on whose information it mas made, is alive and capable of being produced as a witness. XLI. Any receipt in writing, acknowledging the receipt of any money, Receipt when evidence[valuable securities, or goods, shall, on proof of the execu- ] against person other than tion thereof, be admissible in evidence before such Court the giver. or person aforesaid, not only against the party giving it, but also against any person in whose favor such receipt would operate as a discharge, or to whom it would render the person giving it liable for the money, or goods acknowledged to have been received. XLII.[Whenever ][a ][receipt would be admissible under the preceding ] Section if given by a principal, a receipt given by an Receipt of agent. agent or servant of such principal shall in like manner be evidence upon proof of the authority to give such receipt. XLIII. Books C ACT No. I1 OF 1855. X.TJIII. Books proved to have been regularly kept in the course of nooks in course of business or in any public office, sllall bc sdrnicoible as busiuess or in a public office admissible as corro-[corroborative, but not as independent proof of the facts ] borative evidence. stated therein. XLIV. The following documents may be admitted as corroborative cvidence :T-Certificates of shares, and of registration corrol~orative evidence. Documents admissible as thereof, bills of lading, invoices, account sales, receipts usually given on the payment, deposit, or delivery of money, goods, securities, or other things, provided they be proved to have been given in the ordinary course of business. XLV. A witness shall be allowed before any such Court 01. person aforesaid to refresh his memory by any writing made by Refreshing memory of witness. himself or by any other person at the time when the fact occurred, or immediately afterwards, or at any other time when the fact was fresh in his memory, and he knew that the same was correctly stated in the writing. In such case the writing shall be produced and may be seen by the adverse party, who may, if he choose, cross-examine the witness upon it. XLVI. Whenever a witness may refresh his memory by reference to any document, he may, yith the peiqmission of the Court, refer Court may permit a cop?. of document `to` be. to a copy of such document, provided the Court or person, used to refresh memoly. under the circumstances, be satisfied that there is sufficient reason for the non-production of the original. XLVII. In cases of pedigree, the declarations of illegitimate members Declarations of illegviti. of the family, and also persons who, though not related lnate persons, &c., admissible in clucstions of pedi-[by blood or marriage to the family, were intimately ] gree. acquainted with its members and state, shall be admissible in evidence after the death of the declarant, in the same manner and to the same extent as those of deceased members of the family. XLTTIII. On an inquiry n~hether a signature, writing, or seal is genuine, Compsrison of any undisputed signature, writing, or seal of the party, ~vritiug, &c. whose signature, writing, or seal is under dispute, may be coinpared with the disputed one, though such signature, writing, or seal be on an instrument m~hich is not evidence in the cause. XLIX. Any Power of Attorney, which has been executecl at a place distant Proof of Power of ht-[more than one hundred miles from the place mherein the ] tolney. action, suit, or proceeding is depending, may be proved by the. ACT No. I1 OF 1855. tlie production of it, without further proof, where it purports, on the face of it, to have been executed before, and authenticated' by o, Notary Public, or m y Court, Judge, Consul, or Magistrate. L. Whenever it is proved that a Letter Book is kept, and that, accordProof of despatoh of ing to the usual course of business, letters are copied into Letter Letter such book and despatched, and the Letter Book is produced, and it is proved that the letter was despatched according to the usual practice, to the best of the knowledge and bklief of the witness, having reasonable ground for forming tliat belief, the Court may presume the despatch of that letter accor$ing to the usual course of business. LI. Any book proved to have been kept for marking the despatch and What to be prim3 facie receipt of letters, containing an entry of the despatch of il~oof of receipt of letter. a letter, and an acknowledgment of the receipt of such letter, shall, on proof that such entry was made in the usual course of business, be p~ima" `facie` evidence of the receipt of such letteT. LII. So much of Section VI of Act XV of 1852 as provides that every Re eal of part of Sec-[such application as therein mentioned shall be made before ] tion `$1` of Act XV of 1852. issue joined in any such action, or twenty-one days before the trial or hearing of any other legal proceeding as therein mentioned, is hereby repea.led. LIII. The provision contained in the 16th Section of Act V I[of ] `1854,` Extension of Section[that affidavits of particular witnesses, or affidavits as to ] XVI of ~ cVI t of 1854. l articular facts or circumstances, may, by consent of the parties, or by leave of the Court obtained upon notice, be used in the hearing of any cause on the Equity side of the Supreme Courts, shall extend to all civil suits, and proceedings on all sides of the Courts. LIV. 80 much of the 17th Section of the same Act as provides that Extension of Section[upon the hearing of any motion, petition, or other pro- ] xVII of A C ~ VI of 1854. ceeding in any of the said Supreme Courts, the Court may, upon the application of any of the parties thereto, or of its own accord, require and ellforce the attendance and oral examination before itself of any witness or of any party to the suit, and may also require and enforce the production of any docunient or documents, and may direct the costs of the attendance and examination of such witness or party to be paid by such of the parties to the suit, or in such manner as it may think fit, shall extend to all civil actions, suits, i ! I i i i 1 ACT No. I1 OF 1855. suits, and proceedings on all sides of the said Courts. 71T, The 33rd Rac,t,ion of the Act No, TI of 1854, which applies only XXXIII of to proof of accounts on the Equity side of the said Act V I of `1854` extended. Supreme Courts, shall extend to, and embrace all accoullts directed to be taken on any side of the said Courts. LVI. Whenever by any Statute or Act, Regulation or Ordinance now in Proof of official docu-[force, or any Statute or Act to be hereafter in force, any ] ments. certificate, certified copy, or other document, shall be receivable in evidence of any particular in any Court of Justice, the same, if it is substantially in the form and purports to be executed in the manner directed by the Statute, Act, Regulation, or Ordinance which makes it evidence, shall beplqimci facie evidence, where it is rendered admissible, without proof of any seal, stamp, signature, character, or authority, which it is directed to haye, or from which it is directed to proceed. LVII. The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision No new tiial f o ~ rejection or improper reception in &ny case, if it shall appear to the Court before which of evidence. such objection is raised, that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision. @ LVIII. Nothing in this Act contained shall be so construed as to render ~~t not to render inad-[inadmissible in any Court any evidence which, but for ] evidence now ad. the passing of this Act, would have been admissible mitted in the Company's COUI~S. in such Court.