The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1865-03-07 00:00:00

LAW OF EVIDENCE.

We beg to call the attention of our readers to the
following particulars of a most important alteration in
the Law of Evidence now before Parliament. We ex-
tract the following from the 'Wake of the Peace. The
Bill has been prepared and brought in by Sir Fitzroy
Kelly, Mr. Macaulay, and Mr. McMahon. After
pointing oat the necea,ity for a change in the law, the
following eight alterations are proposed :

I.—On the trial of any action or other proceed-
ing for breach of promise of marriage, the parties
thereto shall be competent and compellable to give
evidence on behalf of either or any of the parties to
such action or proceeding.
_ _

2.—On the trial of any issue of feet, or of any
matter or question, or on any inquiry arising in
any suit or other proceeding instituted in con-
sequence of adultery, any party thereto shall be
allowed, if he or she shalt so think fit to offer him-
self or herself as a witness on his or her own behalf,
and the husband or wife of any such party as afores-dd
shall be allowed, if he or she shall think fit, to offer
himself or herself as a witness on his or her behalf
respeotively.
3.—Upon the trial of any indictment, information, or
inquisition, and upon any impeachment, whether in
treason or other felony or misdemeanor, the prisoner,
or defendant, shall be allowed as stated in schedule 2.

4.—On the hearing before the justices of the peace of
any information for any offence or act punishable on
summary conviction, the person charged with the com-
mission of such offence or act, shall be allowed as stated
in schedule 2.

s.—Any person offering himself or herself as a
witness as aforesaid, shall be competent and admitted
to give evidence, either vivl yew or by deposition,
according to the practice of the Court, and shall be
examined, and be subject to cross-examination in like
manner and in all respects as any other witness called
in or upon any such suit or proceeding, civil or criminal,
as aforesaid.

6.—Upon any trill for felony or misdemeanor the
counsel for the prosecution, in the event of the prisoner
or defendant or his counsel not announcing his intention
to adduce evidence, shall be entitled to address the jury
a second time for the purpose of summing up the
evidence; and the prisoner or defendant, or his counsel,
shall be allowed to open his case, and also to sum up
the evidence (if any); and the right of reply shall be
the same as at present.
_ _

7.—Where an indictment for felony or misdemeanor
has been found at the Central Criminal Court, or of any
court of oyer and terminer and general gaol delivery,
it shall be lawful for such court, or for any of the
superior courts of common law at Westminster, or any
judge of such superior courts, on the application of the
prosecutor or of the person charged by such indictment,
by a special jury, and to make all such rules and orders
upon the sheriff or any other person for procuring the
attendance of a special jury for the trial of such indict-
ment, as may be made by any of the superior courts of
Westminster for procuring the attendance of a special
jury for the trial of any cause in any of such courts ;
and every such special jury for the trial of an indict-
ment shall consist of persons possessing the qualifica-
tions, and shall be struck, summoned, and called in
like manner, as if such special jury were a special
jury for the trial of any cause in any of the said
superior courts ; and every juryman so summoned shall
he entitled to the same rights and subject to the same
duties and liabilities as if he had been summoned as a
special juryman for the trial of any cause as aforesaid :
Provided always that when any court or judge orders a
special jury for the trial of an indictment, as aforesaid,
such court or judge may also order such trial to be
postponed, for the purpose of procuring the attendance
of sash special jury.
-

. . -
B.—ln any proceeding in any court of justice in
which the legitimacy of any party, or the claim of
any party to be declared or held to be the subject of
Her Majesty shall be in question, shall it be lawful for
any party before the court to pray, by motion or other-
wise, that such question arises, shall be tried by a jury,
and thereupon the court shall order that such question,
or the case in which such question arises shall be tried
by such jury accordingly.