Form of C. D. ats A. P the fu 2 So the said several matters so produced and of the said C. D. as aforesaid, were suffi itted and allowed as evidence, to entitle the and to bar the said A. B. of his action aforesaid; and allow the said matters so produced and given the said C. D. to be evidence in favour of the said C. D. A to a verdict in this cause, and to bar the said A. B. of resaid: But to this the counsel learned in the law of the SA did then and there insist, before the said chief justice, that the same were not sufficient, nor ought to be admitted or allowed to on the slid C. D., to a verdict, or to bar the said 4. B. of his action aforesaid; liver his and the said chief justice did then and there declare and de"opinion to the jury aforesaid, that the said several matters so produced and given in evidence on the part of the said C. D. were not sufficient to bar the said A. B. of his action aforesaid, and with that direction left the same to the said jury; and the jury afore damages; whereupon the said counsel for the said C. D. did then and said then and there gave their verdict for the said A. B. and £there, on the behalf of the said C. D., except to the aforesaid opinion of the said chief justice, and insisted on the said several matters, as an absolute bar to the said action: And inasmuch as the said several matters produced and given in evidence on the part of the said C. D. and by his counsel aforesaid objected and insisted on as a bar to the action aforesaid, do not appear by the record of the verdict aforesaid, the said counsel for the said C. D. did then and there propose their aforesaid exception to the opinion of the said chief justice, and requested him to put his seal to this bill of exceptions, containing the said several matters so produced and given in evidence on the part of the said C. D. as aforesaid, according to the form of the statute in such case made and provided: And thereupon the said chief justice, at the request of the said counsel for the said C. D., did put his seal to this bill of exceptions, pursuant to the aforesaid statute in such case made and provided, on the said day of in the - year of the reign of his present Majesty. Bill of exceptions to be tacked to the record, as to a witness's being bound to answer a question tending to disgrace him, in K. B. (Tidd's Forms, 375.) After the end of the issue, and award of the venire facias, proceed as follows: Which said issue, in form aforesaid joined between the said parties, afterwards, to wit, at the sittings of nisi prius, holden at Westminster Hall, in and for the county of Middlesex, on the day of, in the year of the reign of our lord the now king, before the right honourable Edward Lord Ellenborough, chief justice of our said lord the king, assigned to hold pleas in the court of our said lord the king before the king himself, Edward Law, Esquire, being associated unto the said chief justice, according to the form of the statute in such case made and provided, came on to be tried by a jury of the said county of Middlesex, for that purpose duly impanelled. At which day came there the said A. B. as the said C. D. by their respective attornies said; and the jurors of the jury aforesaid, impanelled to try the d issue, being called, also came, and were then and there in due manner chosen and sworn to try the said issue: And upon the trial of that issue, one E. F. was produced and examined upon oath as a witness, by the counsel learned in the law for the said A. B. in support of the said action; and upon the cross-examination of the said E. F. by the counsel learned in the law for the said C. D. the said E. F. was asked by the said last-mentioned counsel whether he had not been imprisoned, upon a conviction for forging a coal-meter's ticket: Whereupon the said chief justice then and there interposed, and before the said E. F. had given any answer to the said question, declared and delivered his opinion, that the said E. F. was not bound to answer the said question; and the said E. F. thereupon then and there refused to answer the same: And afterwards, at the said trial, the said chief justice in summing up the evidence given in the said cause to the jury aforesaid, did further declare and deliver his opinion to the said jury, that the said E. F.'s refusal to answer the said question threw no manner of discredit upon him the said E. F.; and the jury aforesaid thereupon then and there gave their verdict for the said A. B. and £-damages: Whereupon the said counsel for the said C. D. did then and there on behalf of the said C. D. except to the aforesaid opinion of the said chief justice, and insisted that the said E. F. was bound to answer the said question, and that his refusal to answer the same was, and ought to be considered by the said jury, as an impeachment of his credit: And inasmuch as the said several matters hereinbefore mentioned do not appear by the record, &c. (as in the last.) Affidavit to put off trial on account of absence of material witness. In the King's Bench, &c. A. B. plaintiff, and C. D. defendant. C. D. of the defendant in this cause, maketh oath and saith, that issue was joined in this cause, in term last past, and that notice was given for the trial thereof at the sitting within (or, at the sittings after) the said term: And this deponent further saith, that E. F., late of, is a material witness for him this deponent in the said cause, as he is advised and believes, and that he cannot safely proceed to the trial thereof, without the testimony of him the said E. F. And this deponent further saith, that in consequence of the notice of trial so given as aforesaid, he this deponent caused an inquiry to be made, &c. (stating the nature and result of the inquiry made after the witness, and the time when he is likely to attend.) Sworn, &c. C. D. behalf of the said C. D., that the said several matters so produced and given in evidence on the part of the said C. D. as aforesaid, were suffi cient, and ought to be admitted and allowed as evidence, to entitle the said C. D. to a verdict, and to bar the said A. B. of his action aforesaid; and the said counsel for the said C. D. did then and there pray the said chief justice to admit and allow the said matters so produced and given in evidence for the said C. D. to be evidence in favour of the said C. D. to entitle him to a verdict in this cause, and to bar the said A. B. of his action aforesaid: But to this the counsel learned in the law of the said A. B. did then and there insist, before the said chief justice, that the same were not sufficient, nor ought to be admitted or allowed to entitle the said C. D. to a verdict, or to bar the said A. B. of his action aforesaid; and the said chief justice did then and there declare and deliver his opinion to the jury aforesaid, that the said several matters so produced and given in evidence on the part of the said C.D. were not sufficient to bar the said A. B. of his action aforesaid, and with that direction left the same to the said jury; and the jury aforesaid then and there gave their verdict for the said A. B. and £damages; whereupon the said counsel for the said C. D. did then and there, on the behalf of the said C. D., except to the aforesaid opinion of the said chief justice, and insisted on the said several matters, as an absolute bar to the said action: And inasmuch as the said several matters so produced and given in evidence on the part of the said C. D. and by his counsel aforesaid objected and insisted on as a bar to the action aforesaid, do not appear by the record of the verdict aforesaid, the said counsel for the said C. D. did then and there propose their aforesaid exception to the opinion of the said chief justice, and requested him to put his seal to this bill of exceptions, containing the said several matters so produced and given in evidence on the part of the said C. D. as aforesaid, according to the form of the statute in such case made and provided: And thereupon the said chief justice, at the request of the said counsel for the said C. D., did put his seal to this bill of exceptions, pursuant to the aforesaid statute in such case made and provided, on the said day of year of the reign of his present Majesty. in the Bill of exceptions to be tacked to the record, as to a witness's being bound to answer a question tending to disgrace him, in K. B. (Tidd's Forms, 375.) After the end of the issue, and award of the venire facias, proceed as follows: Which said issue, in form aforesaid joined between the said parties, afterwards, to wit, at the sittings of nisi prius, holden at Westminster Hall, in and for the county of Middlesex, on the day of, in the year of the reign of our lord the now king, before the right honourable Edward Lord Ellenborough, chief justice of our said lord the king, assigned to hold pleas in the court of our said lord the king before the king himself, Edward Law, Esquire, being associated unto the said chief justice, according to the form of the statute in such case made and provided, came on to be tried by a jury of the said county of Middlesex, for that purpose duly impanelled. At which day came there as well the said A. B. as the said C. D. by their respective attornies aforesaid; and the jurors of the jury aforesaid, impanelled to try the said issue, being called, also came, and were then and there in due manner chosen and sworn to try the said issue: And upon the trial of that issue, one E. F. was produced and examined upon oath as a witness, by the counsel learned in the law for the said A. B. in support of the said action; and upon the cross-examination of the said E. F. by the counsel learned in the law for the said C. D. the said E. F. was asked by the said last-mentioned counsel whether he had not been imprisoned, upon a conviction for forging a coal-meter's ticket: Whereupon the said chief justice then and there interposed, and before the said E. F. had given any answer to the said question, declared and delivered his opinion, that the said E. F. was not bound to answer the said question; and the said E. F. thereupon then and there refused to answer the same: And afterwards, at the said trial, the said chief justice in summing up the evidence given in the said cause to the jury aforesaid, did further declare and deliver his opinion to the said jury, that the said E. F.'s refusal to answer the said question threw no manner of discredit upon him the said E. F.; and the jury aforesaid thereupon then and there gave their verdict for the said A. B. and £— damages: Whereupon the said counsel for the said C. D. did then and there on behalf of the said C. D. except to the aforesaid opinion of the said chief justice, and insisted that the said E. F. was bound to answer the said question, and that his refusal to answer the same was, and ought to be considered by the said jury, as an impeachment of his credit: And inasmuch as the said several matters hereinbefore mentioned do not appear by the record, &c. (as in the last.) Affidavit to put off trial on account of absence of material witness. In the King's Bench, &c. A. B. plaintiff, and C. D. defendant. C. D. of —, the defendant in this cause, maketh oath and saith, that issue was joined in this cause, in term last past, and that notice was given for the trial thereof at the- sitting within (or, at the sittings after) the said term: And this deponent further saith, that E. F., late of, is a material witness for him this deponent in the said cause, as he is advised and believes, and that he cannot safely proceed to the trial thereof, without the testimony of him the said E. F. And this deponent further saith, that in consequence of the notice of trial so given as aforesaid, he this deponent caused an inquiry to be made, &c. (stating the nature and result of the inquiry made after the witness, and the time when he is likely to attend.) Sworn, &c. C. D. An Act for improving the Law of Evidence, passed 22d August, 1843. WHEREAS the inquiry after truth in courts of justice is often obstructed by incapacities created by the present law, and it is desirable that full information as to the facts in issue, both in criminal and in civil cases, should be laid before the persons who are appointed to decide upon them, and that such persons should exercise their judgment on the credit of the witnesses adduced and on the truth of their testimony: Now therefore be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that 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 that every person so offered may and shall be admitted to give evidence on oath or solemn affirmation in those cases wherein affirmation is by law receivable, notwithstanding that such person may or shall have an interest in the matter în question, or in the event of the trial of any issue, matter, question, or injury, 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 that this act shall not render competent any party to any suit, action, or proceeding individually named in the record, or any lessor of the plaintiff, or tenant of premises sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in replevin may make cognizance, or any person in whose immediate and individual behalf any action may be brought or defended, either wholly or in part, or the husband or wife of such persons respectively provided also, that this act shall not repeal any provision in a certain act passed in the session of parliament holden in the seventh year of the reign of his late Majesty, and in the first year of the reign of her present Majesty, intituled "An Act for the Amendment of the Laws with respect to Wills:" 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 matter 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. * 3. And be it enacted, that nothing in this act shall apply to or affect any suit, action, or proceeding brought or commenced before the passing of this act. 4. And be it enacted, that nothing in this act shall extend to Scotland, |