Evidence Law Act 1854 No 13a (NSW)

No. XIII.

An Act further to amend the Law of Evidence.

[22nd August, 1854.]

WH E R E A S i t therefore enac ted by H i s Exce l lency t h e Governor of N e w

the Law of Evidence requi res fur ther a m e n d m e n t Be

South W a l e s by and wi th t h e advice	a n d	consent	of t h e	Legis la t ive
Council thereof as follows :—

1. So m u c h of section four of t he A c t of Counci l passed in t h e

s ix teen th year of H e r presen t Majes ty ' s re ign for amend ing t h e L a w

of Evidence as provides t h a t n o t h i n g in t h a t Act contained shall app ly to any act ion suit proceeding or bill i n consequence of seduct ion or shall r ender any p a r t y competen t t o give evidence in his own favor where i t shall appear t h a t t he person wi th w h o m the cause of act ion sui t or proceeding arose is dead luna t i c or absent from the Colony is hereby repealed.

2. I n all cases in which a n y person n o t be ing a p a r t y to t h e

suit ac t ion or proceeding may now be examined as a witness de bene
esse or unde r a commission i t shal l be lawful for t h e Cour t or a J u d g e
to order or pe rmi t any pa r ty to t h e suit act ion or proceeding to be so examined on such t e rms in all respects as t h e Cour t or J u d g e m a y t h i n k reasonable a n d every examina t ion the reupon t a k e n if t h e same would have been admissible in t he case of an ordinary witness may be

read in evidence a t t h e t r ia l or hea r ing accordingly.

3. Provided tha t no de bene esse examina t ion shal l be al lowed u n d e r t h e last preceding clause on t h e g round of in t ended depa r tu re from t h e Colony or to remote pa r t s wi th in t h e same unless i t be shewn to t he satisfaction of t he Cour t or J u d g e t h a t such depar tu re is in fact u r g e n t l y requ i red by unavoidable c i rcumstances or some unexpec ted

emergency and t h a t t h e examina t ion is n o t sought in order to avoid

cross-examinat ion before t h e Cour t or a J u r y .

No . X I V .