Evidence Act 1843
| Jurisdiction | UK Non-devolved |
| Citation | 1843 c. 85 |
| Year | 1843 |
(6 & 7 Vict.) C A P. LXXXV.
[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 Parliamentassembled, 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 in 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 Witnessmay 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 Behalfany 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...
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