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EVIDENCE ACT 1843

EVIDENCE ACT 1843 - LONG TITLE

An Act for improving the Law of Evidence.{1}
[22nd August 1843]
Preamble, rep. by SLR 1891[

EVIDENCE ACT 1843 - SECT 1
Witnesses not to be excluded from giving evidence by incapacity from
crime or interest.

1.] No person offered as a witness shall hereafter be excluded by
reason of incapacity from crime or interest from giving evidence,
either in person or by deposition, according to the practice of the
court, on the trial of any issue joined, or of any matter or
question or on any inquiry arising in any suit, action, or
proceeding, civil or criminal, in any court, or before any judge,
jury, sheriff, coroner, magistrate, officer, or person having, by law
or by consent of parties, authority to hear, receive, and examine
evidence; but every person so offered may and shall be admitted to
give evidence on oath, or solemn affirmation ..., notwithstanding
that such person may or shall have an interest in the matter in
question, or in the event of the trial of any issue, matter,
question, or inquiry, or of the suit, action, or proceeding in
which he is offered as a witness, and notwithstanding that such
person offered as a witness may have been previously convicted of
any crime or offence: ...: Provided also, that this Act shall not
repeal any provision in the Wills Act, 1837: Provided that in
courts of equity any defendant to any cause pending in any such
court may be examined as a witness on the behalf of the plaintiff
or of any co-defendant in any such cause, saving just exceptions;
and that any interest which such defendant so to be examined may
have in the matters or any of the matters in question in the
cause shall not be deemed a just exception to the testimony of
such defendant, but shall only be considered as affecting or tending
to affect the credit of such defendant as a witness.

S.2 rep. by 1978 c.23 s.122(2) sch.7 Pt.I. S.3 rep. by SLR 1874
(No. 2)