✨ Text of Legislation
145
EVIDENCE.
- If any person called as a witness, or required or desiring Affirmation instead of
to make an affidavit or deposition, shall refuse or be unwilling from oath in certain cases.
alleged conscientious motives to be sworn, it shall be lawful for the
Court or Judge or other presiding officer or person qualified to
take affidavits or depositions, upon being satisfied of the sincerity of
such objection, to permit such person, instead of being sworn, to
make his or her solemn affirmation or declaration in the words fol-
lowing, videlicet:
"I, A. B., do solemnly sincerely and truly affirm and declare,
"that the taking of any oath is, according to my religious belief, un-
"lawful; and I do also solemnly sincerely and truly affirm and de-
"clare, &c."
Which solemn affirmation and declaration shall be of the same
force and effect as if such person had taken an oath in the usual
form.
-
If any person making such solemn affirmation or declara- Persons making a false
tion shall wilfully, falsely, and corruptly affirm or declare any mat- affirmation to be sub-
ter or thing, which, if the same had been sworn in the usual form ject to the same
would have amounted to wilful and corrupt perjury, every such punishment as for
person so offending shall incur the same penalties as by the Law perjury.
are or may be enacted or provided against persons convicted of
wilful and corrupt perjury. -
A party producing a witness shall not be allowed to How far a party may
impeach his credit by general evidence of bad character, but he may, impeach his own wit-
in case the witness shall in the opinion of the Judge prove adverse, ness.
contradict him by other evidence, or, by leave of the Judge, prove
that he has made at other times a statement inconsistent with his
present testimony; but before such last mentioned proof can be
given, the circumstances of the supposed statement, sufficient to
designate the particular occasion must be mentioned to the witness,
and he must be asked whether or not he has made such statement. -
If a witness, upon cross examination as to a former state- Proof of contradictory
ment made by him relative to the subject matter of the cause and statements of adverse
inconsistent with his present testimony, does not distinctly admit witness.
that he has made such statement, proof may be given that he did
in fact make it; but, before such proof can be given, the circum-
stances of the supposed statement, sufficient to designate the parti-
cular occasion, must be mentioned to the witness, and he must be
asked whether or not he has made such statement. -
A witness may be cross examined as to previous statements Cross-examination as
made by him in writing, or reduced into writing, relative to the sub- to previous statements
ject matter of the cause, without such writing being shown to him; in writing.
but if it is intended to contradict such witness by the writing, his
attention must, before such contradictory proof can be given, be
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NZ Gazette 1856, No 24
✨ LLM interpretation of page content
🏛️
Evidence Provisions of Law Amendment Act, 1856
(continued from previous page)
🏛️ Governance & Central Administration7 July 1856
Evidence, Oath, Affirmation, Perjury, Witness Examination, Impeachment