The Hawaiian gazette., 1876-11-08

cumstances, of the supposed statement sufficient
to designate the particular occasion must be
mentioned 10 the witness, aud he must be asked
whether or not be has made such statement.
Sec SO. II witness upon cross-examuation
as to former statement made by him relative
to the subject matter Of the cause or prosecution
and Inconsistent with bis present testimony, does
not distinctly admit that he has made such state
ment, proof may be given that be did in fact
make It: but before such proof can be given,
the circumstances OF the supposed statement
sufficient to designate the particular occasion,
must be mentioned to the witness, and be must
be asked whether or not he has made such state
ment
Sec. CO. A witness may be cross-examined as
to previous statements made by him 10 writing
or reduced into writing relative to the subject
matter of the cause or prosecution. without such
writing being shown to him but il it is intended
to contradict 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 u
so contradicling him; provided always that it
shall be competent for the court or person having
such authority US aforesaid. at any time during
the trial or enquiry, to require the production Of
the writing for his inspection, and he may there
upon make such use Of it for the purpose Of the
trial or enquiry as he shall think fit.
Part 9.-Miscellaneous Provisions.
Sec. 81 ALL courts and all persons having
BY law or by consent of parties authority to hear,
receive and examine evidence. shall henceiorth
take judicial notice of the signature of every
person who is, or shall b. or shall have been
Premier. Cabinet or Crown Minister. Judge of
the Supreme Court or of any Circuit Court, or
Clerk or Deputy Clerk of the Supreme Court, or
any Circuit Court, the Commissioners of the
Board to quiet land titles, or masters in chan
Gerry, provided such signature shall be attached
or appended to any decree ORDER certificate,
affidavit or other judicial or official document
Sec. g. It shall not be necessary to prove
by the attestng witness any instrument to the
validity Of which attestatioh is not requisite
aud such instrument may be proved by admis
sion or otherwise as if there had been no attest
ing witness thsreto.
Sec. 63. Comparison Of disputed writing |
with any writing proved 20 the satisfaction OF |
the court or person having such authority as |
aforesaid 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 10 such court or person and the
Jury or assessors lif any as. evidence of the
genuineness or otherwise of the writing in dis
pute.
Sec. "a. No confession which is rendered in
evidence on any trial. shall be rejected on the
ground that promise or threat has been held
out to the person confesslng. unless the Judge or
other presiding officer shall be OF opinion that
The inducement was really calculated to cause
IN untrue admission Of guilt to be made nor
shall any confession which is rendered III evil
ience on any trial be rejected on the ground
hat it purports to have been made on oath, if
proof can be given to the judge or other presld-
ng officer. that in fact it was not so made.
Sec. 90, From and after the coming into
operation OF this act, it shall not be lawful for
my justice or other person to administer or
ause, or allow to be received any oath or afila-
Tit, touching any matter or thing, whereof such
ustce or other person hath not jurisdiction or
ognizance by some law in force at the time
'eing; but nothing in this section shall be con-
trned TO extend to any oath, solemn affirmation
II affidavit before any justice in any matter or
hing touching the preservation Of the peace, or
he prosecution, trial or punishment OF offences,
r touching any enquiry held before any justices
n the nature OF cOroners inquests respecting
udden deaths. or touching any proceedings be-
pre- the Legislature or any committee thereof,
or to any oath or affidavit which may be re-
ulred by the laws Of any foreign country to give
Aildity to instruments in writing designed to BIZ
sed in such foreign countries.
Sec. sc. From and after the coming into
peration of this law. the following laws or parts
laws shall be and the same are hereby re-
called, Sections 1912 to 1927 of the Civil Code,
9TH inclusive. An Act approved on the 25th
ay Of July A. d. 1862. entitled An Act to i
rovide for the perpetuating Of testimony" An i
.ct approved on the Both day of December, A {
J. 1864. entitled An Act to further facilitate
10 taking of testimony" .f.,- j
SCHEDULES.