Evidence Act 1852 (SA)

Ho it thcrcfore Enacted, by the Llentenm~t-Govenlor of S o ~ t ~ l l Rccitcd proviso7 ill

. Sec 1 of G and 7

AnqtLla1ia, by and wit11 the advice and coliscllt of the Legls- Viit. 85, rcpeded. t i e o r tliereof, Tlrat so mueh of an Act of the sixth

:uvl ~creutlr years of the reign of Her present i\lajest.y, en- tii1c.i An Act fbr iaiproving tlw Law of Evidenre," adopted

in this Province, by Ordirmlcc, No. 2 of' one tllousa~ld eigllt

llrrutlred and fbrty-five, as provides that the said Act shall	L G not i'encler co~r~peteut *any p r t y to m y suit, itetion, or pro-
cwrhg, illclividnally named in the record, or any lessor of the l~lainti4; or tenant of premises sought to bc recovcwd in cjcctmcnt, or tlla li~lldl~rd, or other persoli, in whose right any defendant in rq~!cvin may innlie cognizance, or any pcrsan in wlwse i~nrnediate
:nid ilrdividual behalf any actiou may be brought or defended, either \,
wlwlly or in part," d~nl l no longer be in forcc or apply in this '
'I'rolrince. i

either viva voce, or by deposition, according to the practice of the ,-l. J?:J Q -

2. And he it Enacted, That 011 the trial of any issue joined, or of Parties to bo admis.

airy matter or yuestioii, or otl buy ci~quiry &sing in any suit, slblo witncbscs.

action, or otllcr proceeding, in any court of justice, or before any person having, by law or consent of parties, mlthority to hem,

receive, and cxamine evidence, the parties thereto, a d t l ~ e persons C m 1 - h 1 - c 7

in whose behalf any such suit, action, or other procecding, may be . @ 3

brought or defknded, and tl~cir respective wives, shall, except tw	[, h 1 7
liereinafter excepted, bu competent and eornpellablble to give evidence,	3 .l 4vL.

. 10

mcaurt, on behalf of either or any of the parties to the suit, action, or l

1 other proceeding.

-.3 1, ./'

Not to apply to pro-	1	5.	2 n d be it ~orac tedEhat	nothing herein contained shall apply
ceedinas in conse-	~ ~

queucl of adultery.	to any action, suit, or proceeding in &e Symeme Court of the said
or breach of promise	Province, instituted in conwquence of aoulte or of breach of
of marriage."
PSQ ,provided t h ~ t not mng erein cant-l

Nothing	hcrcin	to
o - n e r in any criminal proceeding is charged with

cu~upel person charg-

ed with criminal of-

fence to give evidence	the commission of 'any indictable offence, or any offence punishable
tending to criminate	on summary conviction, competent or compellable to give evidence
himself, &c.	for or against himself' or herself, or shall render any person com- pellable to answer any question tending to criminate himself or her- self, or shall in any criminal proceeding render any husband com- petent or cornpellable to give evidence for or against his wife, or any w3e competent or compellable to give evidence for or against her husband.
supreme

thoriscd to compel 4. And be it Enacted, That whenever any action or other legal

inpcction of docu- proceeding shall hcnccforth be pending in the Supreme Court of the rnents, whenever

Equity would grant said Province, the said Court and each of the Judges thereof, may

discovery. respectively, on application made for such purpose, by either of the

S*-3 -+litigants, compel the opposite party to allow the party mnkiug tia:

7 application to inspect all documents in the custody, or under the

6 ~s-G-

_- - control, of such opposite party, relating to such action or otllerlegal proceeding, and if necessary to take exanlined copies of the same, or to procure the same to be duly attested, in all cases in which, previous to the passing of this Act, a discovery might have beeu obtained by filing a bill or any other proceeding ill u Court of Equity at the instance of the party so making applicatiou as aforesaid to the said Court or Judge.

British and Colonial

Acts of Stste, judg- 5. And be it Enacted, That all Proclztmntions, Treaties, and other

melts, &:l., provnl~le Acts of State, of any Foreign State, or in any British Colony, and

by aertitied copies all judgments, decrees, orders, and other judicial proceedings of an)

without proof of seal

, j Court of Justice in the Kingdom of Great Britain or Ireland, or iir

signat.,

penon signing same. pleadings, and other legal documents filed or deposited in any such dicial chitl.acter of any Foreign State, or in any British Colony, and all affidavits,

Court may be proved in the said Supreme Court, or before any person havine: by law or Iny consent of the sarties authority to hcnr. U rr

feceive, and examine evidehee, cither by cxAned copies o;by copies authenticated as hereinafter mentioned: that is to say, if the docu- ment sought to be proved be a Proclammation, Treaty, or other Act of State, the authenticated copy to be admissible in evidence must>

purport to be sealed with the Ben1 of the Foreign State. or British Colony to which the original docun~ent belongs, and if the document sought to be proved be a judgment, decree, order, or other judicial proceeding, of any British, Irish, Foreign, or Colonial Court, or an affidavit, pleading, or other legal document filed or deposited in any such Court, the authenticated copy to he admissible in evidence must purport either to be sealed with the seal of any Court to which

the original document belongs, or in the event of such Court having no seal, to be signed by the J ---" if there be more than onc: Judge,

Judge, by any one of the Judges of the said Court, and such Judge

s b d atttach to his signature a statement in writing on the said copy

that the Court whereof he is a Judge has no seal. but if anv of the A

aforesaid authenticated copies shallup ort to b i sealed o r signed cc 3-4

as hereinbefore res~ectivelv directad + e same 8haU be resnectivelv

admitted in evidcnee in &ery case * which the original documeit

could have been received in evidence without any proof of the seal, where a seal is necessary, or of the gignature, or of the truth of the stakruent attached thereto, where such signature and statement are necemary, or of the judicial character of' the person appearing t,o have made such signature and statement.

6. And be it Enacted, That every register of a vessel, kept under R@ters vessels and of certificates British

any of the Acts of the Imperid I'arliamont relating to the registry of mgistry sdluissible

of English vessels, d a y be proved in the said Supreme Court, or as dence prima of lacit? their con- eui-

before any person havingby law or by consent of parties authority tents with pwof of

to hear9 receive, and examine evidence, either by the production of the "gnatUre9 &c-

original or by an e2iamincd copy thereof, or by a copy thereof pur- porting to be certified uuder the hand of the person having the charge of the original, and which person is hereby required to f~mnish such certified copy to any person applying at s reasonable time for the same, upon p a p e n t of the sum of One Shilling; aid every such register, or such copy of a reqister, and also every certificate of registers granted nnder any oi' the said Acts relating to the registry of British vessels, and purporting to be signed as required by h&, shall be received in evidence in the said Court, or bef'ore any person having by law or by consent of pa,rties a~t~hority

to hear, receive, and cxainine widencc, as prima facie proof of all the matters cor~tained or recited in such register when the register or such copy thereof as aforesaid is produced, and of all matters

contained, or recited in, or endorsed on such certificate of registry

when the said certificate is produced.

7. And whereas it is expedient, as far as possible, to reduce the prove conviction	necessw	to
or

expenses attendant upon the proof of criminal proceedings, be it acqldmrl of perawl

Eilscterl, That whenever in any proceeding whatever it may be; ~ r ~, " J ~ ~ ~ $ d ", " ~

necessary to prove the trial and conviction, or acquittal of any be certified uncler

or of

person charged with any indictable offence, it shall not be necessary

to produce the record of the conviction or acquittal of such person,	[>@-c	(c/ dq:	a T.
or a copy thereof, but it shall bc sufficient tlmt it be certified or

pur~ort to be certified under the haud of the Clerk of the s a i d f ' -, C C ' 4-

Supreme Court or other officer having the custody of the records

of the Court where such conviction or acquittal took place, that tlw

paper produced is a copy of the record of the indictment, trial, conviction, and judgment or acquittal, as the case may be, omitting the fbrrnal parts thereof.

8. And be it Enacted, That whenever any book or other ccpies of documents certified C

document is of such a public nature as to be admissible in evidence a,i~,i ,~ible i,	,,,-
ou its mere production from the proper custody, and no Statute or denre.

Act

d ' 6 3, ~ - RP) d i f e 4 / &, ~ 2 - /

Ai.t of the JJegislative Council of the Province aforesaid exists i.r !.%h retlders its contents provable by means of a copy, any copy

t!:; re, f or extract therefrom shall be admissible in evidence in the

l Court, or before any person now or hereafter having by law or

1,:: the coilsent of parties authority to hear, receive, and examine

c i:'.ej:ce, p~uvided it be proved to be an examined copy or extract,

or provided it purport to be signed and certified as a true copy or

c:-hwt by the officer to whose custody the original is entrusted,

21.d which officer is hereby required to furnish such certified copy

cir. extract to m y person applying at a reagontlble time for the same,

upon payment of a reasouable sum for the same, not exceeding Six-	I
peace for cvery folio of ninety words.
I

Examined or 9. And be it Enacted, That in any case in which by the law of

L O ~ J ~ S of ~ O C I I I L I ( n~ S

Gleat Britain anti S"IiY4a~d, or of any British Colony, any book or other document, in

Irt lmd, or in nil)

Ihitish C O I O I ~ ~, ?id- k l i c: d~ingdom of Great Britain and Ireland, or in such Colony, is

- " la~ssiLle in evidencc. ~i r i~~ t 'nh le by means of a copy, any copy thereof, or extract there-

1 a *, :: ig, &all be admissible in evidence in the Supreme Court afore-

:: i ;, or before any person now or hereafter having bp law, by the

cori~cnt of' parties, authority to hear, receive, and examine evidence,

17 J C( 8-4 ;; n%wl it hr. proved to bc an examined copy or extract, - or pro-

.'e4 it purport to be signed and c - as a true copy or extract

I by tile oficer to whose custody the original is entrusted.

c:rtifrins a MSC do- 10. And be it Enacted, That if any officer authorised or rcquired I

c 'inlent u rnisdeinc;~-	by i-llis Act to firrnish any certified copies or extracts, shall wilfully	r
.Li Jr.

c: $ - S ', y :lily doc~~nieut as Ireiug a true copy or extract, knowing that

-O.T,:\ :,:ixlle is not a true copy or extract, as the case may be, hc shall I, i ! ; d t y of a nlisrlcineanor, and be liable upon conviction to iv! - -.%.unrnent with hard labor for any term not less tlmn eighteen

;: ~ ~ t l l s or more than three years.

I

C'(WL &c. may ad- 11. And be it Enacted, Thai; the Supreme Court aforesaid, and ::tit:wa.ity to hear, r e ~ e i ~ e, and examine evidcnce, is hewby

~m?ister oaths.

1~ m, now or hereafter having by law or by consent of parties	et-cry J ndge, Justice, Offirer, Commissioner, Arbitrator, or other
crn~rix~wcred to administer all oath to all such witnesses as are legally
c;2ied before them respectively.

Fcwns forging seal, 12. And be it Enacted, That if any person shall forge the seal,

r?lanlp, or a i p u t u w of

~ w t ~h ducuments, OS stnmp, or signature of any document in this Act nlentioned or

wiiiully uttering tlic rcierred to, or shall tender in cvidcnce any such docunient with R bilme, guilty of' fblony. fib or counterfeit seal, stamp, or signature thereto, knowing the

same to be false or counterfeit, shall be guilty of felony, and s l d upon conviction be liable to in~prisonment with hard labor for seven years. And whenever any such documciit shall have been admitted h evidcncc by virtue of this Act, the Court, or the person who shall have admitted the same, may, a t the request of any party against whom the same is so admitted in evidcncc, direct

that

that the same shall be impounded aud be kept in the custody of some officer of the Court, or otlier proper person, for such period, and subject to such conditions, as to the said Court or person shall

scan meet.

13. And be it Ennctcd, That this Act s h d commence snd take Co~nmencemcnt.

effect from md after the passing tliereof*

JOHN MORPHETT, 'Speaker.

Passed the Legislative Council this secmzd

day o f November, on,e thousand eight

7 w t d r ~ d	and j i t y - t m.	J
F. C. SINGLETON,

Clerk of the Legislative Council.

111 the name snd on the b(:hn;lf of Her Majesty I assent to this Act.

H. E. F, YOUNG,

1,ieutenant-Governor.

Goyernulent House, Adelaide,

l l tll November, 1 S5 2.

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ADELAIDE, : Printcd by authority, by W, C, COX, ~o&&ment Printer, Victoria-squmc,

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