Evidence Act 1869 (SA)

ANNO TRICESIMO TERTIO

No. 10.

An Act for the further amendment of the Law of Evidenre.

[Assented to, 9th February, 1870.1

HEREAS it is expedient to amend the Law of Evidence by re- Preamble

W moving certain restrictions on the admissibility of witnesses,	with the object of promoting the discovery of truth in Courts of
Justice-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows :-

l. So much of the third section of the Act of the said Province p,t ,f ,,, of N ~, P

No. 2 of 1852, entitled " An Act to amend the Law of Evidence," of 1862 repealed.

as is contained in the words That nothing herein contained shall

apply to any action, suit, or proceeding in the Supreme Court of the

said Province instituted in consequence of adultery or of breach of

promise of marriage," is hereby repealed.

2. The parties to any action for breach of promise of marriage Partie8 in aaion~ for

shall be competent to give evidence in such action: Provided always breach	marriage.	promha of
that no plaintiff in any action for breach of promise of marriage
shall recover a verdict unless his or her testimony shall be corro-

borated by some other material evidencc in support of such pomise. f~ &!S 2. k-

-

3. The parties to any proceeding instituted in consequence of Partiee and their

adultery, and the husbands and wives of such parties, shall be com- ~ ~ : " $ ~ ~ e ~ ~

petent to give evidence in such proceeding: Provided that no witness auita for aaulteq.

in any proceeding, whether a party to the suit or not, shall be liable

to be asked or bound to answer any question tending to show that

M he

33" VICTORIB, No. 10.

Etu%nce, further &4wendrnent Act.-1869-70.

he or she has been guilty of adultery, unless such witness shall have already given evidence in the same proceeding in disproof of his or

her alleged adultery.

peraOna to

take oath may be	4. If any person called to give evidence in any Court of Justice, whether in a civil or criminal proceeding, shall object to take an oath, or shall bc objected to as incompetent to take an oath, such
allowed to make
declnrstionl

triable for pe jury. be

person shall, if the Judge, Commissioner, Magistrate, or Justice of

the Peace presiding in such Court be satisfied that the taking of an

oath would have no binding effect on thc conscience of such person,

make the following promise and declaration :-

"I solemnly promise and declare that the evidence given by me to

the Court shall be the truth, the whole truth, and nothing but

the truth. "

And any person who, having madc such promise and declaration, shall wilfully and corruptly give false evidence shall be liable to be tried and convicted for perjury as if he had taken an oath,

Short title. 5. This Act may be cited for all purposes as the Evidence

Further Amendment Act, 1869."

In the name and on behalf of the Queen I hereby assent to

this Act.

JAMES FERGUSSON, Governor.

d

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Adelaide : Printed by authority, by W. C. coxsovernrnent Printer, North-terrace,