Evidence Further Amendment Act, 1869

EVIDENCE FURTHER AMENDMENT ACT 1869

CHAPTER LXVIII.

An Act for the further Amendment of the Law of Evidence.[2] [9th August 1869.]

[Preamble.]

[S. 1 rep. 46 & 47 Vict. c. 39. (S.L.R.)]

Parties in actions for breach of promise of marriage.

2. The parties to any action for breach of promise of marriage shall be competent to give evidence in such action: Provided always, that no plaintiff in any action for breach of promise of marriage shall recover a verdict unless his or her testimony shall be corroborated by some other material evidence in support of such promise.

Parties and their husbands and wives to be witnesses in suits for adultery.

3. The parties to any proceeding instituted in consequence of adultery, and the husbands and wives of such parties, shall be competent to give evidence in such proceeding: Provided that no witness in any proceeding, whether a party to the suit or not, shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery, unless such witness shall have already given evidence in the same proceeding in disproof of his or her alleged adultery.

[S. 4 rep. 51 & 52 Vict. c. 46. s. 6.]

Short title.

5. This Act may be cited for all purposes as “The Evidence Further Amendment Act, 1869.”

Extent of Act.

6. This Act shall not extend to Scotland.

[2 Short title, “The Evidence Further Amendment Act, 1869.” See s. 5 ]