Aborigines Evidence Act 1844 (SA)

Case
No judgment structure available for this case.

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ANNO

SEPTIMO ET

OCTAVO

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REAS mnny of the requisites ntld provisions of the law

with rcspcct

to tllc g i r i n ~

of evidence upon oath in ciril and

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ri~ninnl procccclings linvc frcqr~c~itly bccn found to exclude the rstilnoay of the Al)or.ig.ind I~ihnbitnots of this Province, who

rc lmrbnrons nnd I pcoplc, ticstitutc of thr hnonlrdp?

authorize

f Got1 nrd of m y liscd bclief i n religion, or in R fi~torc stntr of cmnrih mid p i ~ ~ i s l l t n c t ~ t ~. , And W I ~ C ~ G ~ S t11ere nrc also many

ril~cs of such bar1)nroas and uncivilised penplc i n the cot~ntries

~ d j ~ ~ e n t

llcrcto on tllo Contiacnt of Australia.

Atld it is nppw

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I C ' I ~ ~ C ~

that

much

f a i l ~ ~ r c

of justice may et1we, and many serious

l l f c n ~ ~ s and critncs co~nmittcd with the privity of such people )nlv rnny pass unpunished, if some meairs bc not dcvised whereby

,uch evils may be prevented. And allereas doubts which have

!ristcd os to the validity of lows rnadc by Coloniol Legislet11re.s br the otlmission of the evidence of noy such persons have been

amoved by an Act of the Imperial Parliament entituled " An diet to 8th net., ",.

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authorize the Xlcaislatures of certain of her Majes ity's Colonies to pas$ laws for fhe admission in certain cases of unsrorn testimony in CU

and Criminal Proceedings."

Be

IT

T~iumxonB ENACTE~

by his Excellency the Governor

Any fustica of tbe

Peace

may receive

South Australia with tlie advice and consent of l l i ~

Legislatirt

the information of

- an aboriginai nlr-

Council thereof, That from and after the passing of this Ordtna~t

tivc, or of a balf

upon any information being made before any Justice of the Peaced

crate n r t h on his

this Province hy any Aboriginal Native or Aboriginal Halfqastt

affirmation to

tell

the trutb, witbout

Native of this Province or of any of tlic countries adjacent hereto or

YUI 1wmefmtb.

thc Continent of Austmlin Lcing one of such uncivilized persons v are hcrciabeforc described of auv matter whereof the said Justice bath jurisdiction and authority to Enquire, it &all and mar be ladd for such Justice, to receive and take the information of such pm upon his affirmation or declaration to tell the truth, the whole trutb. and nothing but the truth, without administering the usual form d oath, and to reduce the substance of such information into writing, in all cases when it dmll Le necessary so to 30, and thereupon to take any other such further proceedings as may be usual and proper in the case of an information eade by any other of her Majesty'r subjects.

Eddence of h

mdmlnirierin tbe

riginem or ball

11. And be i t Enacted, That io any civil aclion, or upon ay

cute, l,, k ncec.

Inquest before a Coro~er,

or upon any enquiry in to any mat tcr d

0. * ~ c h

mation witlout

complaint, or upon the trial of nuy oiTence, ~vhetller commit tcd 6

mtb.

one of such pcrso~la as are hereinbefore described or by any other

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person, it shall and may be lorvful for any Court, or J uilge, or for any Coroner or any Justice or Justices of the Peace to rcccive tbt

ev~dence

of any of bucll Aboriginal or Half-caste Natives m aforesaid.

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bcillg such uncivilized persons as ore hereinbefore described, n-ithnut

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ndministcring the usual form of oath, but upon their aftirma~iog ;iF,

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or declaration to tell the truth, the vhole truth, and nothing but the

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h ~ r e l i m i n ~ truth: Provided always that i n the case of any proceeding in the

proceedingm to b t

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reduced to rrilin'

11at~re

of a prelilnhary enquiry, the substance of the evidcnce or iib

-,kf2>

andvttj"d

formation of any of such persons as aforesaid sl~nll hc reduced to :

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W y L l n r e.

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writing, and signed by a mark by 11le persou giriug the same, and

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verified by the signnterc of tlic person nctiog us iuterprctcr, if any, nod

of the Justice or Justices of the Peace before whom 6ucb ioforrn~tion

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or such evidcucc sboll have beeu given.

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HI. Provided always and be it Nnacted, That tllc Court, Cornnu. caution every such ~ b o r i ~ i n a r u r

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or Justice, stmll, before taking nnv such information br examination,

ia

~ulf-cnstc Nalive, that he nil1

a liable to incur punishment if he do not tell ihe truth.

. '. N.

And be it Enacted, That the wdt ten declaratioa or eramin*

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I made, taken and verified in manncr aforesaii of

m y such ~bt i rwr i l~n- .u

@ri&;nal Native or Half-caste Native ns aforesaid, being one of mrhed

rmtnattonr

ander

to k

the

uncivilized persons as are hereiobefore described, may he law- W & ~ W M

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Uurfetber.

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lyread and received as evidence upon the trial of any cause, civil.

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in this Province, when, under the like circumstRnces, the

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itlea affidavit, examination, or deposition of any person, might be

fully read and rcceived as evidence,

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it Enacted,

Tlmt the degree

d weight and credibility

C r e d i b i l i t ~ d h

r~id.rrcc

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batfaclled to any ~ u c h

cviclenee wlwtl~er oral or written shall be

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[he discretion nf ilrc Jusiicc or Justices, or of l l w ('oort or Judge h r c

or J ~ Y -

under d i r d

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pectirely, ar of the Jury under tllc direction of the Court or Judge, ,h*

ordiog to tllc tribuad before 1v11ieh txich cvidence sl~all be offered,

king eviclcnce givcn without the sanction of an oath: Provided

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tno person, ~vlietl~er

an oborigiool or other, shall be convicted of. ,

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. offence by any Justice or Jury. upon the sole testimony of any

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h uncivilized persons:

Provided also that i t shall not be necessary

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luch conviction that nnp particular fact affirmed

such uo-

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&zed person shall Le corroborated by other evidence.

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be i t Enacted, That if any such

Aboriginal or

Half-caste WiltuI

i d ~ b o o d

as aforesaid, makiug such aftirmotion or declaration as afore- re,,n ,.

in my aucb erid

an oath, ~ h s l l

be convicted of having wilfully falsely

cber~i lb-t

affirmed or declared, any matter or tbng which, if t b ef pwjrrp

mode upon oath in the usual form, would have

t~ wilful and corrupt perjury hc dmll incur thc same

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naltics nnd forfciturcs, ns by the laws n i d stntutcs of England

t

~enncted

ag~ins t

persons coniickd of wilful nod corrupt p r jGy.

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VII.

Provided always that nothing l~orein

conlnined shall be deemed Nz:::[$~$q

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l authorize any Judge, Coroner or Justice of the l'roca

to ' take or L I* ~ i p t i m

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dmit the unsworn testim~aly

of any persdn who shell appear upon

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urnination by such Court Coroner or Justice to believe ~n a God,

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future state of reward and pu~ishment and the obligation of BD

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Q. GREY,

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Governor of Soutb Australia,

P.

Wed in CILs Legislutiw Council, Zhia

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W,

L. O'HALLORAN,

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Clerk of Council.

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~BLAIDIZ ; Printed

by

authority by

Jnues dttm, &g

~Villiam and

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