Evidence Further Amendment Act 1888 (SA)

ANNO QUINQUAGESIMO PRIM0 ET QUINQUAGESIMO

SECUNDO

A.D. 1888.

No. 435.

An Act to amend the Law of Evidence, and for other

purposes.

[Asse&d to, December 8th, 1888.1

HEREAS it is desirable to amend the Law of Evidence-Be it Preamble.

Australia, with the advice and consent of the Legislative Council

W therefore Enacted by the Governor of the Province of South

and House of Assembly of the said province, in this present Parlia-

mmt assembled, as follows:

1, This Act may Inc cited as thc Evidence Further Amendment short title

4,3 5

Act, 1888."

2, I n any action, suit, or other proceeding in any Court of Cedainqucationa Justice, whether civil or criminal, the Judge, Commissioner, m" be aiaallOwen. Stipendiary or Special Magistrate, or Justice of the Peace presiding

in such Court, may disallow any questions put in cross-examination

of any party or other witness which may appear to him to be

vexatious and not relevant to any matter proper to be inquired into

in the cause, matter, or proceeding then before such Court.

3. I n deciding whcther questions affecting the credibility of a R U ~ W aa to relevenap.

witness are relevant, or ought to be allowed, the Court shall have

regard to the following considerations :-

(a) Such questions are proper if they are of such a nature that seriously affect the opinion of the Court as to the credibility of the witness on the matter to which he testifies: ( b ) Swh the truth of the imputation conveyed by them would

51" & 52' VICTORIE, No. 435.

Evt!.dmce Eurther Amendment Act.-1888.

( h ) Such questions are improper if the imputation which they

convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the Court as to the credibility of the witness on the matter to which he testifies:

(c) Such questions are improper if there is a great disproportion between the importance of the imputation made against

the witness's character and the importance of his

evidence.

Appeal to I~ooal Court

of Fdl Jurisdiction 4, There shall be an appeal from the disallowance by any Justice

or to Adelaide or Justices of the Peace of any question put in cross-examination as

of Juria- aforesaid; which appeal shall be to the nearest Local Court of Full

diction.

Jurisdiction, or, at the option of the appellant, to the Local Court of Adelaide of Full Jurisdiction, and the proceedings on such appeal shall be conducted in manner appointed by the Ordinance No. 6 of

1850, for appeals to Local Courts, or any other Act in force regulating

such appeals; but the Local Court of Adelaide aforesaid may make such order as to the payment of the costs of appeal as i t shall think fit, although such costs may excecd Ten Pounds.

L O C ~ court may state 5, Any Local Court, upon the hearing of any appeal, may state

special ease,	one or more special case or cases for the opinion of the Supreme Court, and the Supreme Court shall hear and decide such special case or cases according to the practice of the Supreme Court on special cases, and the Supreme Court shall make such order as to costs of any special case as to the said Court shall appear just; and any Justices, or the Local Court, shall make an order in respect to the matters referred to the Supreme Court, in conformity with the certificate of the said Supreme Court, which order of the Justices or Local Court shall be enforceable in manner provided for the enforce- ment of orders of Justices, under tho said Ordinance No. 6 of 1850,	or other Act as aforesaid; and, save as herein provided, no order	or proceeding of Justices, or of any Local Court, made under the
authority of this Act, shall be appealed against, or removed by certiorari or otherwise into the Supreme Court.

Certified copy of	6, Any document appearing to be certified by some person as
articles of company

to bcpr*ndjnri,	secretary or manager of any incorporated company as a true copy
cvidmce.	of or extract from any memorandum or articles of association, or rules or regulations of such company, shall in all Courts be received as primd Jacie evidence of the contents of the instrument of or from which it appears to have been copied or extracted.
Scrip certificate be	7, Any document appearing on its face to be a certificate or memorandum of the title or ownership of any shares in any incor- porated company lawfully issued pursuant to the memorandum or articles of association, or rules or regulations of such company, shall in all Courts be received as prim(? fucie evidence of the title or ownership stated in such document. 8. I n
prima faoic evidence,

51" & 52' VICTORIE, No. 435.

Evidence firther Amendment Act.-1888.

8. I n any action, suit, or other proceeding in any Court of Notice of actionnot

Justice in which notice of action is required, such notice shall be ,fm,,	insufficient for want
deemed sufficient if, in the opinion of the Judge, Commissioner, Stipendiary or Special Magistrate, or Justice of the Peace presiding, such notice shall have given the defendant reasonable notice of the cause of such action, and the sufficiency of such notice shall be a question of fact and not of law; and no noticc of action shall be held insufficient merely for want of form.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. C. F. ROBINSON, Governor.

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Adelaide : By authority, H. F. T ~ A D E R, Oovemment Printer, North-terrace.