Act No. 11, 1898.
An Act to consolidate the Sta tute Law re la t ing
to Evidence , [27th July, 1898.]
Assembly of New South Wales in Par l iament assembled, and by the t he advice and consent of the Legislative Council and Legislative au thor i ty of the same, as follows :—
BE it enacted by the Queen's Most Excellent Majesty, by and with
P A R T I. Preliminary.
1 . This Act may be cited as the " Evidence Act, 1898," and is
divided into Par t s , as follows :—
P A R T I.—Preliminary—ss. 1-4.
P A R T II.—Competency and compellability of witnesses—ss. 5-14.
P A R T II I .—Means of proof and admissibility of evidence—ss. 15-43.
P A R T IV.— Bankers' Books—ss. 44-52.
P A R T V.—Examination and cross-examination of witnesses—ss. 53-55.
2 . The Acts mentioned in the Schedule to this Act are, to t he
extent therein expressed, hereby repealed :
Provided t h a t th is repeal shall not render inadmissible in evidence any certificate, entry, copy, extract , or document in existence a t t he t ime of the passing of this Act, which would have been admissible in evidence under any Act hereby repealed.
3 . I n this Act, unless the context or subject-matter otherwise
indicates or requires,—
" Bank " or " banker " means—
(a)
any person, partnership, or company engaged in the ordinary business of banking by receiving deposits and issuing bills or notes payable to the bearer a t sight or on demand ; and also
(b) the Savings Bank of New South Wales ; and
(c) any Government or Post Office Savings Bank, established under any law in force for the t ime being. Expressions relating to " bankers ' books " include ledgers, day-books, cash-books, and other account books used in the ordinary business of the bank.
" C o u r t " means the Court, Judge , justice, arbi t ra tor , or person before whom a legal proceeding is held or taken.
" Just ice " means justice of the peace. " Legal
" Legal p roceed ing" means any civil or criminal proceeding or
inquiry in which evidence is or may be given, and includes
an arbitrat ion.
4 . All the provisions of this Act, except where the contrary
intention appears, shall apply to every legal proceeding.
P A R T I I . Competency and compellability of witnesses.
5 . No person offered as a witness shall be incompetent to give
evidence by reason of incapacity from crime or interest.
6 . In any legal proceeding in which witnesses are compellable
to give evidence, every person offered as a witness and competent t o give evidence shall, except as hereinafter provided, be compellable to give evidence.
7 . No accused person in a criminal proceeding, or husband or
wife…