Evidence Further Amendment Act 1876 No 26a (NSW)

of such promise.

No. VIII

An Act for the further amendment of the

Law of Evidence. \14<tli August, 1876.]

wi th t he advice and consent of t he Legis la t ive Council and Legislat ive	WH E R E A S it is expedient fur ther to amend the L a w of Evidence Be it enacted by t h e Queen 's Mos t Exce l len t Majesty by and
Assembly of N e w South W a l e s in Pa r l i amen t assembled and by t h e au thor i ty of t h e same as follows :—

1. The par t ies to any act ion for b reach of promise of mar r i age

shall be competent to give evidence in such action Provided always t h a t no plaintiff there in shall recover a verdict unless his or her tes t i ­ mony shall be corroborated by some other mater ia l evidence in suppor t

2. Every person called on behalf of an accused person as a witness to his character shall he permitted to give evidence not only as to the general repute if any of the accused but also as to the witness's own knowledge of his habits disposition and conduct And the like where a person is examined respecting the character of any witness

But no witness shall be allowed to state that he would not believe
another on his oath and evidence to the character of the accused shall in all cases be received and dealt with as evidence on the question
of his guilt.

3. Whenever any person called to give evidence in any Court or

before any Justice or other person authorized to administer an oath
whether in a civil or criminal proceeding shall object to take an oath
or be reasonably objected to as incompetent to take an oath such
person shall make the following promise in lieu of such oath—In the
case in which I am now called as a witness I promise to tell the truth
the whole truth and nothing but the truth And any person who having made such promise shall wilfully and corruptly give any false evidence shall bo deemed guilty of perjury.

4. This Act may be cited for all purposes as the " Evidence Further Amendment Act 1876 ."