✨ Legislation Text
Proof of previous con-
viction of a witness
may be given.
Attesting witness
need not be called, ex-
cept in certain cases.
Comparison of dis-
puted writing.
Examination of judg-
ment debtor as to debt
due to him.
-
called to those parts of the writing which are to be used for the pur-
pose of so contradicting him; Provided always, that it shall be
competent for the Judge, at any time during the trial, to require the
production of the writing for his inspection, and he may thereupon
make such use of it for the purpose of the trial as he shall think fit. -
A Witness in any cause may be questioned as to whether he
has been convicted of any felony or misdemeanor, and upon being so
questioned, if he either denies the fact or refuses to answer, it shall
be lawful for the opposite party to prove such conviction; and a
certificate containing the substance and effect only (omitting the
formal part) of the indictment and conviction for such offence, pur-
porting to be signed by the Clerk of the Court, or other officer
having the custody of the records of the Court, where the offender
was convicted, or by the deputy of such Clerk or officer (for which
certificate a fee of five shillings and no more shall be demanded or
taken,) shall, upon proof of the identity of the person, be sufficient
evidence of the said conviction, without proof of the signature or
official character of the person appearing to have signed the same. -
It shall not be necessary to prove by the attesting witness
any instrument to the validity of which attestation is not requisite;
and such instrument may be proved by admission, or otherwise, as if
there had been no attesting witness thereto. -
Comparison of a disputed writing with any writing proved
to the satisfaction of the Judge to be genuine shall be permitted to
be made by witnesses; and such writings, and the evidence of wit-
nesses respecting the same, may be submitted to the Court and
Jury as evidence of the genuineness, or otherwise, of the writing in
dispute.
ATTACHMENT OF DEBTS.
- It shall be lawful for any creditor who has obtained a
judgment in the Supreme Court of New Zealand, to apply to the
Court or a judge for a rule or order that the judgment debtor should
be orally examined as to any and what debts are owing to him be-
fore a Judge or Registrar of the Court, or such other person as the
Court or Judge shall appoint; and the Court or judge may, by such
rule or order, or any subsequent rule or order, command the attend-
ance of such judgment debtor before the person appointed to take
such examination, for the purpose of being orally examined as afore-
said, or the production of any writings or other documents to be
mentioned in such rule or order, and may impose therein such terms
as to such examination, and the costs of the application, and of the
proceedings thereon, and otherwise, as to such Court or Judge shall
seem just.
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NZ Gazette 1856, No 24
✨ LLM interpretation of page content
🏛️
Continuation of Evidence Provisions of Law Amendment Act, 1856 (Sections 6-9)
(continued from previous page)
🏛️ Governance & Central Administration7 July 1856
Evidence, Witness conviction, Attesting witness, Disputed writing, Judgment debtor, Oral examination