Felony and Misdemeanor, Evidence and Practice.
such Witness by the Writing, his Attention must, before such contradictory Proof can be given, be called to those Parts of the Writing which are to be used for the Purpose 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 Purposes of the Trial as he may think fit.
Proof of previous Conviction of Witness may be given. 6. A Witness may be questioned as to whether he has been convicted of any Felony or Misdemeanor, and upon being so questioned, if he either denies or does not admit the Fact, or refuses to answer, it shall be lawful for the cross-examining 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, purporting 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.
As to Proof by attesting Witnesses. 7. 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 as if there had been no attesting Witness thereto.
As to Comparison of disputed Writing. 8. 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 Witnesses respecting the same, may be submitted to the Court and Jury as Evidence of the Genuineness or otherwise of the Writing in dispute.
“Counsel.” 9. The Word “Counsel” in this Act shall be construed to apply to Attorneys in all Cases where Attorneys are allowed by Law or by the Practice of any Court to appear as Advocates.
Not to apply to Scotland. 10. This Act shall not apply to Scotland.
LONDON:
Printed by George Edward Eyre and William Spottiswoode, Printers to the Queen’s most Excellent Majesty. 1865.
