Evidence Act 1898 (NSW)

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extent therein expressed, hereby repealed :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existence a t t he t ime of the passing of this Act, which would have been admissible in evidence under any Act hereby repealed.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 of any such accused, shall be compellable to give evidence in such
proceeding.

No accused person in a criminal proceeding charged with an indictable offence shall be liable—

(a) t o be called as a witness on behalf of the prosecution ; or

(b) to be questioned on cross-examination as to his previous character or antecedents w i thou t the leave of the Judge :

Provided t h a t this section shall not apply to any person who, b u t for this Act, would be a t common law or by any Act or Imperial Act compellable to give evidence in such proceeding.

8. I n any legal proceeding in the Supreme Court in its matr i­
monial causes jurisdiction, the Court may order the a t tendance of the

petit ioner, and may examine him or her, or permit him or her to be

examined or cross-examined on oath on the hearing of the petit ion.

9 . Nothing in this Act shall render any person compellable to

answer any question tending to criminate himself.

1 0 . No witness in any proceeding in t he Supreme Court in its

matr imonial causes jurisdiction, whether a par ty to the suit or not, shall be liable to be asked or bound to answer any question tending to show t h a t he has been guilty of adul tery , unless he has already given evidence in t he same proceeding in disproof of his alleged adultery.

1 1 . No husband shall be competent to disclose any communicat ion

made to him by his wife during the marriage, and no wife shall be com­ petent to disclose any communicat ion made to her by her husband during the marriage :

Provided

Provided t h a t this section shall not apply, in any proceeding in the Supreme Court in its matr imonial causes jurisdiction, to any husband and wife who are both parties to such proceeding.

1 2 . Any person present a t any legal proceeding wherein he might

have been compellable to give evidence and produce documents by vi r tue of a subpoena or other summons or order duly issued and served for t h a t purpose shall be compellable to give evidence and produce documents then in his possession and power in the same manner, and in case of refusal shall be subject to the same penalties and liabilities as if he had been duly subpoenaed or summoned for t h a t purpose.

1 3 . (1 ) Where any person duly bound by recognisance or served

with a subpoena to a t tend in any Court as a witness a t the trial of any case, civil or criminal, fails to appear when called in open Court either a t such trial or upon the day appointed for such trial, the Court may—

(a)	upon proof of such recognisance or of his having been duly served with such subpoena, call upon him to show cause why execution upon such recognisance or an at tachni3nt for dis­ obedience to such subpoena should not be issued against him ; or
(b)	upon proof of such recognisance or service, and also that his non-appearance is without just cause or reasonable excuse, and upon oath t h a t he will probably be able to give material evidence, issue a warrant to bring him before the Court to give evidence a t such trial .

(2) Such proof may be oral before the Court or by affidavit.

1 4 . (1 ) Every rule or order to show cause as aforesaid may—

(a)	be made returnable before the Court itself at the then sitting, or a t some future sitting ; or
(b)	in respect of the non-appearance of a witness at a circuit court or on t he trial of a case pending in the Supreme Court, be made returnable in the Supreme Court.

(2) On the re turn of any such rule or order the Court may

deal with the case as the Supreme Court might and would have done

upon a rule to the like effect issued out of t h a t Court. P A R T I I I .

Means of proof and admissibility of evidence.

1 5 . Whenever by this or any other Act now or hereafter in

force—

(a) any certificate ; or

(b) any official or public d o c u m e n t ; or

(c)	any document or proceeding of any corporation or joint stock
or other company ; or (d)

(d) any copy of or extract from any document, or by-law, or entry in any register or other book, or of or from any other proceeding,

is admissible in evidence of any particular in any legal proceeding, a document purport ing to be such certificate, document, proceeding, copy, or extract shall be admi t ted in evidence, if it purports to be certified or sealed, or impressed with a s tamp, or sealed and signed, or signed alone, or impressed with a s t amp and signed, as directed by such Act, wi thout any proof—

(e) of the seal or s tamp, where a seal or s t amp is necessary ; or

(f) of the signature ; or

(g) of the official character of the person appearing to have signed the same,

and without any further proof thereof.

1 6 . (1) Whenever any book or other document is of such a public

na ture as to be admissible in evidence on its mere production from the proper custody, and no Act exists which renders its contents provable by means of a copy, a copy thereof or ext rac t therefrom shall be admissible in evidence, if it i s—

(a) proved to be an examined copy or extract ; or

(b) certified under the hand of the officer to whose custody the original is intrusted.

(2) Such officer shall furnish such certified copy or ext rac t t o any person applying a t a reasonable t ime for the same upon payment of a reasonable sum for the same not exceeding fourpence for every folio of ninety words.

1 7 . Evidence of any proclamation, t r ea ty , or other Act of Sta te

of any par t of the British dominions, or of any foreign State , may be

given by the product ion of a copy thereof, either—

(a) proved to be an examined copy thereof; or

(b)	sealed with the seal of such part of the British dominions or of such foreign State .
1 8 . Evidence of—

(a) any pr ivate Act ; or

(b) any proclamation or commission issued by the Governor,

may be given by the production of a document purport ing to be a copy

thereof, and purport ing to be printed by the Government Printer , or
by the author i ty of the Government.

1 9 . (1) Evidence of any s ta tu te , code, or other wri t ten law of

any pa r t of the British dominions other t h a n New South Wales, or of any foreign Sta te , may be given by the production of a printed copy in a volume of such s ta tu te , code, or law, either—

(a) purporting to be published by the authority of the Government of such par t of t h e said dominions, or of such State ; or

(b)

(b) proved to the satisfaction of the Court to be commonly admitted as evidence in t he Courts and judicial t r ibunals of such par t of the said dominions, or of such State .

(2 ) Evidence of the unwri t ten or common law of any such

pa r t of the said dominions, or any such State , may be given by the production of a book of reports of cases adjudged in the Courts thereof, purport ing or proved to the satisfaction of the Court to be authorised reports .

2 0 . (1) Evidence of any judgment , decree, rule, order, or other

judicial proceeding of the Supreme Court or a Judge thereof in any jurisdiction may be given by the production of a copy thereof certified under the hand of the proper officer of such Court in such jurisdiction.

(2 ) The proper officer within the meaning of this section— in the equitable jurisdiction of such Court is the master or deputy registrar in equity.

(a)

(b)	in the bankruptcy jurisdiction of such Court is the registrar or chief clerk in bankruptcy ;
(c)	in the matrimonial causes jurisdiction of such Court is the registrar or the deputy registrar in divorce ;
(d)	in the probate jurisdiction of such Court is the registrar or deputy registrar of probates ; and
(e)	in every other case is the prothonotary or chief clerk of such Court.

2 1 . Evidence of—

(a)	any judgment, decree, rule, order, or other judicial proceeding of any Court of justice out of New South Wales ; or
(b)	any affidavit, pleading, or other legal document filed or deposited in any such Court,

may be given by the production of a copy thereof— (c) proved to be an examined copy thereof ; or (d) sealed with the seal of such Court ; or

(e) signed by a Judge of such Court, with a s ta tement in writing	a t tached by him to his signature on such copy t h a t such Court
has no seal, and without any proof of his judicial character or of the t ru th of such statement .

22.   (a) Any petition or copy of a petition in bankruptcy ; or

(b)	any order or certificate or copy of an order or certificate made by any Court having jurisdiction in bankruptcy ; or
(c)	any instrument or copy of an instrument, affidavit, or document made or used in the course of any bankruptcy proceeding, or other proceedings had under the Bankruptcy Act 1 8 8 7 , or any Act amending the same,

shall be admissible in evidence if it is

(d)	sealed with the seal of any Court having jurisdiction in
bankruptcy ; or (e)

(e) signed by any Judge thereof ; or

(f) certified under the hand of any Registrar thereof.

2 3 . (1) Where it is necessary to prove any of the following facts—

(a)	the conviction or acquittal before or by any Court or Judge or justice of any person charged with any offence ; or
(b)	that any person was sentenced to any punishment or pecuniary fine by any Court or Judge or justice ; or
(c)	that any person was ordered by any Court or Judge or justice to pay any sum of money ; or
(d)	the dependency or existence at any time before any Court, Judge, justice, or other official person, of any suit, action, trial, pro­ ceeding, inquiry, charge, or mat ter , civil or criminal,

evidence of such fact may be given by the production of a certificate under

the hand of—

(e) any such Judge or justice or official person ; or

(/) the clerk of such Court ; or

(g)	the, officer having ordinarily the custody of the records, or docu­ ments , or proceedings, or minutes of such Court or Judge or justice ; or
(h)	the officer having ordinarily the custody of the records of a Court of Quarter Sessions, in the case of any conviction which has been
t ransmit ted by any justices to such Cour t ; or

(i) the deputy of such clerk or officer,

showing such fact, or purport ing to contain the substance, omitting the formal par ts , of the record, indictment, conviction, acquit tal , sentence, or order, or of the proceeding, inquiry, charge, or mat te r in question :
Provided t h a t the t ime and place of such conviction, acquit tal ,
sentence, or order, or of such suit, action, trial, proceeding, inquiry,

charge, or mat te r are stated in such certificate, with the title of such

whom it was had, or passed, or made, or pending, or existing.	Court or the name of the Judge or justice or official person before or by
(2) During the sitting of any Circuit Court, the Judge 's asso­ ciate, or other officer there acting as clerk of assize, shall, in respect of all proceedings a t such sitting, be deemed for the purposes of this section to be the officer having ordinarily the custody of the records of such Court.
(3) Any such certificate, stat ing t h a t the person signing the same has ordinarily the custody of the records, or documents, or pro­ ceedings, or minutes referred to therein, shall be evidence of t h a t fact.
(4) Any such certificate showing such conviction, acquit tal , sentence, or order shall also be evidence of the particular offence or ma t t e r in respect of which the same was had, or passed, or made, if s ta ted in such certificate. (5)

(5) Any such certificate showing the dependency or existence of any such suit, action, trial, proceeding, inquiry, charge, or m i t t e r shall also be evidence of the particular nature and occasion or ground and cause thereof, if s ta ted in such certificate.

(6) Any such certificate purporting to contain the substance, omitting the formal par ts , of any record, indictment, conviction, acqui t ta l , sentence, or order, or of any proceeding, inquiry, charge, or mat te r a3 aforesaid, shall also be evidence of the mat ters s ta ted in such certificate.

(7 ) Every summary conviction shall be presumed not to have

been appealed from until the contrary is shown.

2 4 . Judicial notice shall be taken of the signature of—

(a) any Judge of the Supreme Court ; or
(b) the prothonotary or chief clerk of such Court ; or
(c) the master or deputy registrar in equity ; or
(d) the registrar or chief clerk in bankruptcy ; or
(e) the registrar or deputy regi; trar in divorce ; or
(f) the registrar of deputy registrar of probates :

Provided such signature purports to be a t tached or appended to any decree, order, certificate, or other judicial or official document.

2 5 . The words " justice of the peace " or the letters " J . P . "

after the signature to any magisterial act shall be evidence t h a t the person whose signature it purports to be is in fact a justice of the peace.

2 6 . (1 ) Every entry or copy—

(6) kept as of record or for public or official purposes in the office of the Colonial Secretary or of the Registrar-General ; and

(b) purporting to be an entry or copy of any letters patent or deed of grant from the Crown by which any land in New South Wales has been granted to any person for any estate or interest.

be deemed and taken to be of the same force and effect as the original	shall, if such letters pa tent or deed of grant be not produced in evidence,
let ters pa ten t or deed of grant under the seal of the Colony duly recorded and signed by the Governor.
(2) A copy of any such ent ry or copy, certified under the hand of the Colonial Secretary or the Registrar-General, shall have the same force and effect for the purposes of evidence to all intents and purposes whatsoever as if the original letters pa ten t or deed of grant had been produced in evidence.
(3) For every such certified copy, a fee a t the ra te of one shilling and three pence for every folio of seventy-two words shall be charged previously to the delivery of the same.

2 7 . Where by any Act, power to make by-laws or regulations

is conferred upon any person or body, any printed paper purport ing to be such by-laws or regulations, and to be printed by the Government Printer , shall in any criminal proceeding be evidence—

(a)	that by-laws or regulations in the words printed in such paper were duly made by such person or body ; and
(b)	that such by Jaws or regulations have been approved of or confirmed by the Governor, if they appear by such paper to have been so approved of or confirmed.

2 8 . (1 ) Secondary evidence of any deed registered in the office

of the Registrar-General under the provisions of any Act may be given

by the production of—

(a)	the certified copy of such deed file in such office, if produced by the Registrar-General or deputy registrar, or any clerk in such office appointed by the Registrar-General for t h a t purpose ; or
(b)	an office copy of such certified copy, if reasonable notice in writing has been given to the adverse par ty by the par ty pro­ ducing the same.

(2 ) Evidence of the contents of any memorial of a deed so

registered in such office may be given by the production of an office

copy of such memorial, if such notice as aforesaid has been given.

2 9 . (1 ) The probate of any will or letters of administrat ion with

the will annexed shall be evidence of the due execution of such will upon all questions concerning real estate in the same manner and to the same extent as heretofore concerning personal estate.

(2 ) The copy at tached or annexed to such probate or letters

of administrat ion, purport ing to be a copy of such will, shall be evidence,

of the contents of such will.

(3) Where any will has been registered in the office of the
Registrar-General under the provisions of any Act, the certified copy

of such will filed in such office, if produced by the Registrar-General

or deputy-registrar , or any clerk in such office appointed by the Registrar-
General for t h a t purpose, shall be secondary evidence of the contents of
such will.

(4 ) The probate of any will or letters of administrat ion shall

be evidence of the death and the date of the death of the tes ta tor or

intestate.

(5) In this section, the expression " probate of any will or

letters of administrat ion " includes—

(a) an exemplification of probate or of letters of administrat ion ; and

(b) any document accepted as sufficient in lieu of such exempli­ fication by the Supreme Court in its probate jurisdiction, or by the Probate Judge under any law for the t ime being ; and

(c) an order to collect granted to the curator of intestate estates.

3 0 . (1 ) (a) A copy of a register, or of an entry in a register, certified under the hand of the Registrar-General or any deputy or district registrar ; or

(b) a certificate under the hand of such Registrar-General or deputy or district registrar, and sealed or s tamped with the seal or s tamp of his office,

relating to any birth, marriage, or death, shall be evidence—

(c) of the fact of such birth, marriage, or death ; and

(d) of the particulars contained in such copy or certificate respecting such birth, marriage, or death ; and

(c) in the case of a marriage, t h a t it has been duly celebrated.

(2 ) A certificate of the bir th, marriage, or death of any person

in any par t of the British dominions other t han New South Wales, if it purpor t to be issued by the officer authorised by the law in t h a t behalf of such par t of the said dominions, shall be evidence of the mat te rs s ta ted in such certificate, without proof of the seal or s tamp or signature, or of the official character of the person appearing to have signed the same.

(3) A certificate under the hand of the Registrar-General t h a t any original register of births, marriages, or deaths for any specified period and for any particular district is lost or destroyed shall be con­ clusive evidence of t ha t fact.

3 1 . On the prosecution of a person for bigamy, the first marriage

shall not be proved by the evidence of the wife or husband of such

marriage alone.

3 2 . (1 ) Evidence of the incorporation or registration of any t rading

society or company, whether foreign or otherwise, may be given by proof t ha t such society or company carried on business within New South Wales or elsewhere, as the case may be, under a certain name or style.

(2) Any copy of or extract from any document kept and

registered at any office for the registration of joint stock companies in England, Scotland, or Ireland, or in any of the Australasian Colonies,
certified under the hand of the registrar or an assistant registrar, shall
be evidence of equal validity with the original document.

3 3 . When any ship or vessel has been arrested under any process

issuing out of the Vice-Admiralty Court, a copy proved to be a t rue

copy of—

(a) the ship's articles of such ship or vessel and the signatures thereto ; or of

(b) the register of such ship or vessel

shall be evidence in any legal proceeding of the contents of such articles

and the signatures thereto, or of such register, as the case may be.

3 4 . When any writing has been copied by means of any machine

or press which produces a fac-simile impression or copy of such writing,

such

such impression or copy shall, upon proof to the satisfaction of the Court that the same was taken or made from the original writing by means of such machine or press as aforesaid, be evidence of such writing without any proof that such impression or copy was compared with the said original, and without any notice to produce such original.

35. I t shall not be necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite.
Such instrument may be proved by admission or otherwise as if there
had been no attesting witness thereto.

36. Where any writing or signature is in dispute, the same may

be compared with any other writing or signature, proved to the satis­ faction of the Court to be genuine ; and such last-mentioned writing or
signature, together with the evidence of witnesses respecting the same shall be evidence of the genuineness or otherwise of the writing or signature in dispute.

37. Depositions taken on the preliminary or other investigation
of any charge of felony or misdemeanour may be read as evidence on

the trial of the accused for any other offence although of a higher or different nature, if they would be admissible on his trial for the offence in respect of which they were taken : and such depositions may be proved in the same manner as if the accused were on trial for that offence.

38. (1) No confession, admission, or statement shall be received

in evidence against an accused person in any criminal proceeding if if
has been induced—

(a) by any untrue representation made to him ; or

(b) by any threat or promise held out to him by the prosecutor or some person in authority.

(2) Every confession, admission, or statement made after any

such representation or threat or promise shall be deemed to have beer

induced thereby unless the contrary be shown.

(3) Provided that no confession, admission, or statement by

the accused shall be rejected by reason of his having been told by a

person in authority that whatever he should say might be given in evidence for or against him.
39. No criminating statement by the accused, offered in evidence in any criminal proceeding, if the same was made voluntarily, and before any charge of felony or misdemeanour preferred against him, shall be

rejected because of the statement having been on oath.

40. (1) Every declaration by a person since deceased shall be admissible in evidence in any criminal proceeding in any case where

a dying declaration is now admissible, if the declarant was at the time

aware of his danger, and on the whole believed that he would shortly

die, although he entertained some degree of hope.

(2) No such declaration, if otherwise admissible as a dying

declaration, shall be excluded because of its having been or purporting

to be on oath. 41.

41. (1) Every witness examined in any criminal proceeding as to character, whether of the accused or of any other parson, may give

evidence, not only as to the general repute of such person, but also as

to the witness's own knowledge of his habits, disposition, and conduct.

(2) But no witness in any such proceeding shall be allowed

to state that he would not believe another on his oath.

(3) Evidence as to the character of the accused shall in all

cases be received and dealt with as evidence on the question of his guilt.
42. The plaintiff in an action for breach of promise of marriage shall not recover a verdict unless his or her testimony is corroborated
by some other material evidence in support of such promise.

43. When any document is received in evidence by virtue of this Act, the Court admitting the same may, on the request of any party against whom the same has been so received, direct that the same shall be impounded and be kept in the custody of some officer of the Court or other proper person for such period and subject to such con­ ditions as such Court thinks fit.

PART IV.

Bankers' books.

44. Subject to the provisions of this part of this Act, a copy of

any entry in a banker's book shall be evidence of such entry, and of
the matters, transactions, and accounts therein recorded.

45. (1) A copy of an entry in a banker's book shall not be received in evidence under this part of this Act, unless it be first proved—

(a) that the book was, at the time of the making of the entry, one

of the ordinary books of the bank ; and

(b) that the entry was made in the usual and ordinary course of business ; and

(c) that the book is in the custody or control of the bank. (2) Such proof may be given by a partner or officer of the

bank, and may be given either orally or by affidavit.

48 . (1) A copy of an entry in a banker's book shall not be

received in evidence under this part of this Act unless it be further

proved that the copy has been examined with the original entry and
is correct.

(2) Such proof shall be given by some person who has examined

the copy with the original entry, and may be given either orally or by
affidavit.

47. Any affidavit to be used under the provisions of this part of this Act shall be admissible in evidence if it purport to be sworn before

a commissioner or other person authorised to take affidavits.

48,

48. In any criminal proceeding in which it is necessary to prove—

(a) the state of an account in the books of a banking corporation

or company ; or

(b) that any person had not an account or any funds to his credit in such books,

it shall not be necessary to produce any such book, but evidence of the st:ate of such account, or that no such account or funds existed, may he given by any officer or clerk of such corporation or company who has examined such books.

49. A banker, or officer of a bank, shall not, in any legal proceeding to which the bank is not a party, be compellable—

(a)	to produce any banker's book, the contents of which can be proved under this part of this Act ; or
(b)	to appear as a witness to prove the matters, transactions, and accounts therein recorded,

unless by order of a Judge of the Supreme Court made for special cause.

50. (1) On the application of any party to a legal proceeding, the Court or a Judge of the Supreme Court may order that such party be at liberty to inspect and take copies of any entries in a banker's book relating to the matters in question in such proceeding.

(2) An order under this section may be made either with or

without summoning the bank or any other party, and shall be served on the bank two clear days before the same is to be obeyed, unless the Court or Judge otherwise directs.

51. (1) The costs of—

(a) any application to a Court or Judge under or for the purposes

of this part of this Ac t ; or of

(6) anything done or to be done under an order of a Court or Judge made under or for the purposes of this part of this Act,

shall be in the discretion of the Court or Judge, who may order the same

have been occasioned by any default or delay on the part of the bank. or any part thereof to be paid to any party by the bank where the same (2) Any such order against a bank may be enforced as if

the bank was a party to the proceeding.

52. The Chairman of a Court of Quarter Sessions, or the Judge

of a District Court may, with respect to any proceedings in any Count
of Quarter Sessions or in any District Court, exercise the powers of a

Judge of the Supreme Court under this part of this Act.

PART

PART V.

Examination and cross-examination of witnesses.

53. A party producing a witness shall not be allowed to impeach

his credit by general evidence of bad character, but he may if the witness
in the opinion of the Court proves adverse—

(a) contradict him by other evidence ; or

(b) by leave of the Court prove that he has made at other times

a statement inconsistent with his present testimony ;

but before such last-mentioned proof can be given, the circumstances

of the supposed statement sufficient to designate the particular occasion

must be mentioned to the witness, and he must be asked whether or
not he has made such statement.

54. I f a witness upon cross-examination as to a former statement made by him relative to the subject matter of the cause or proceeding, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did in

fact make it.

But before such proof can be given, the circumstances of the

supposed statement sufficient to designate the particular occasion must

be mentioned to the witness, and he must be asked whether or not he
has made such statement.

55. A witness may be cross-examined as to—

(a) a previous statement made or supposed to have been made

by him in writing or reduced into writing ; or

(b) evidence given or supposed to have been given by him before any justice,

without such writing or the deposition of such witness being shown

to him.

his attention must, before such contradictory proof can be given, be called But if it is intended to contradict him by such writing or deposition,	to those parts of the writing or deposition which are to be used for the
purpose of so contradicting him :
Provided always that the Court may at any time during the trial require the production of the writing or deposition for inspection by the Court, and may thereupon make such use of it for the purposes of the trial as the Court thinks fit.

S C H E D U L E .

SCHEDULE.

Reference to Act.	Title or short title.	Extent of Repeal.
5 Vic. No. 9	An Act for the further amendment of the law and for the better advancement of justice.	Section 25.
7 Vic. No. 1 6 . .	An Act to consolidate and amend the laws relating to the registration of deeds and other	The unrepealed part of
section 13, and sec­

instruments in that part of the Colony of	tions 24 and 30.
New South Wales not comprehending the district of Port Phillip.

8 Vic. No. 1	An Act for improving the law of evidence	The whole.
11 Vic. No. 3 8 . .	An Act to facilitate the proof of letters patent or deeds of grant from the Crown.	The whole.
An Act to prevent frivolous and vexatious arrests of ships and vessels or the master;	Section 3.

11 Vic. No. 4 6 . . or commanders thereof by process issuing out of the Vice-Admiralty Court of New South Wales.

An Act to amend the law of evidence, and to facilitate the admission as evidence of cer­	Sections 1, 2, 3, 4,
and part of section 5,

13 Vic. No. 1 6 . .	tain official and other documents, and to	from "Provided also"
give protection to persons employed in the	to the end of the sec­
printing and publication of papers by the	tion, inclusive.
order or authority of the Legislative Council or a committee thereof.
16 Vic. No. 1 4 . .	An Act to amend the law of evidence	Sections 1, 2, 3, 4, 5, 7, 8,9, part of section 11, from " and whenever" to "seem meet," inclu­ sive, and section 12.
17 Vic. No. 3 9 . .	The Justices Act Amendment Act of 1853	Part of section 12, from "and the words justice of the peace " to the end of the section, inclusive.
18 Vic. No. 1 3 . .	An Act further to amend the law of evidence. .	Section 1.
An Act to amend and consolidate the laws	Section 16.

19 Vic. No. 3 0 . . affecting the solemnisation of marriage.

19 Vic. No. 3 4 . .	An Act for registering births, deaths, and marriages.	Part of section 10, from
" and all certificates or certified copies so sealed" to the end
of the section, inclu­
sive, and section 19.
20 Vic. No. 3 1 . .	The Common Law Procedure Act of 1857	Sections 11, 12, 13, 14, and 15.
22 Vic, No. 7 . .	An Act for the further amendment of the law	The whole, except so

of evidence. much of section 1 as refers to the tenth section of the Com­ mon Law Procedure Act of 1857, and ex­ cept section 10.

G

Evidence.

Reference to Act.	Title or short title.	Extent of repeal.
24 Vic. No. 1 6 . .	Proof by Declaration Abolition Act of 1861 . .	The whole.

36 Vic." No. 9	. .	Matrimonial Causes Act	Sections 11, 13, 14, and
37.
40 Vic, No. 8 . .	Evidence Further Amendment Act, 1876	Section 1.
46 Vic. No. 3	Evidence in Summary Convictions Act	The whole.
46 Vic. No. 1 7 . .	Criminal Law Amendment Act of 1883	Sections 348, 350, the
proviso to section
351, sections 352,
353, 354, 357, 358,
so much of section 359 as relates to the
custody of records
during the sitting of
a Circuit Court, sec­ tions 360, 361, part
of section 442, from
" and whenever " to the end of the section, inclusive, and section
172.
51 Vic. No. 1 9 . .	Bankruptcy Act, 1887	Section 146.
52 Vic. No. 1 4 . .	Companies Act of 1888	Part of section 6, from " and any copy " to the end of the section, inclusive.
54 Vic. No. 2 5 . .	Probate Act of 1890	Section 21.
55 Vic. No. 4 . .	Bankers' Books Evidence Act, 1891	The whole.
55 Vic. No. 5	Criminal Law and Evidence Amendment Act	Sections 6, 8, part of

of 1891. section 9 down to and

including the words " signed the same," and sections 10 and

11.

55 Vic. No. 3 0 . . Children's Protection Art, 1892

Section 23.

56 Vic. No. 3 6 . . Matrimonial Causes Procedure Amendment Act

Section 9.

Act