Evidence Further Amendment Act 1871 (WA)

WESTERN AUSTRALIA

ANNO TRIGESIMO QUARTO

VICTORIA] REGINA

No. 10

An Act for the further amendment of the Law of

Evidence. [Assented to 2nd January, 1871.

IEREAS the removal of restrictions on the admissibility of

32 & its Vie.,

c. GB, sees. 2, 3, 4 (Imperi al) 334:witnesses in Courts of Justice in England has recently been

34 Pie., e. 49, s. I effected by the provisions of the Evidence further Amendment Act, (Imperial) 1869,' and the Evidence Amendment Act, 1870,' and it is expedient

that the Laws regulating the admissibility of witnesses in Courts of Justice in this Colony should be assimilated to the laws in force in England : Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :—

Section 4 of 1. The fourth section of No. 9 of the Ordinances passed in the

tunl part of SOC.sixteenth year, and so much of the second section of No. 14 of the	16 Vie., No. 9,
tion 2 of 18 vie., Ordinances passed in the eighteenth year of the reign of Her present
No. 14, repealed Majesty, as is contained in the words or in any proceeding instituted

in consequence of adultery,' are hereby repealed.

Patties in actions 2. The parties to any action for breach of promise of marriage

for is breac h of shall be competent to give evidence in such action : Provided always,

proe m of mar

riage to be

that no plaintiff in any action for breach of promise of marriage shall

witnesses

recover a verdict unless his or her testimony shall be corroborated by

some other material evidence in support of such promise.

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

irestet,t, adultery, and the husbands and wives of such parties, shall be com-

34 VICTORILE. No. 10

Evidence

petent to give evidence in such proceeding : Provided that no witness „es„; is milts

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

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

4. If any person called to give evidence in any Court of Justice, or Persons object- before any person or persons having by law authority to administer an Artaateo,t1 oath for the taking of evidence, whether in a civil or criminal pro- to make dectara-

ceeding, shall object to take an oath, or shall be objected to as

incompetent to take an oath, such person shall, if the presiding Judge, Perjury

or other person or persons having by law authority as aforesaid, is or are

satisfied that the taking of an oath would have no binding effect on

his conscience, make the following promise and declaration :

' I solemnly promise and declare that the evidence given by me shall be the truth, the whole truth, and nothing but the truth.'

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

5. This Act may be cited for all purposes as The Evidence further short title

Amendment Act, 1871.'

FREDIL A. WELD,

GOVERNOR AND COMMANDER-IN-CHIEF.