The Hawaiian gazette., 1876-11-08
SESSION LAWS OF Is7e.
AN ACT t.nt
To consolidate aud amend the law of evidence.
Continued from last ISSUE

Part 5.-0f the Substitutes for an Oath.
| Sec AZ Every court and person now OF
/ hereafter having by law or by consent Of parties
authority TO hear. receive and examine evidence
is hereby empowered to administer an oath Il
/ all such witnesses as are legally called before
them respectively. But II any person called as
a witness, or required or desiring to make az
affidavit or deposition. shall refuse or be unwill
ing from alleged conscientious motives to be sworn
il shall be lawful for the court or person having
by law or by consent Of parties authority to hear
receive and examine evidence. or for any judge
or person qualified to take atfi1avits or deposi.
tons upon being satisfied of the sincerity of such
objection, to permit such person instead of being
sworn. to make his solemn affirmation or decara
ton ia the words following, that is TO say
.....- do solemly, sincerely, and truly affirm
and declare. that the taking of any oath is ac-
cording to my religious belief, unlawful. aud do
now also soemnly. sincerely, and truly affirm
and declare that the evidence. &c. Which
solemn affirmation and declaration shall be OF
the same force aud effect as if such person had
taken an oath 10 the usual form.
Part 6.-Persons whose Evidence may be Re.
ceived
Sec. 49. No person offered as witness shall
hereafter be excluded by reason of incapacty
from crime (perjury or subornation Of perjury
only exDected) 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 enquiry arising in any spit action proceed
ing in any court. or before any person having by
law or BY consent Of parties authority to hear,
receive and examine evidence But every per
son so offered may and shall be admitted to give
evidence. notwithstanding that such person may
or shall have an interest in the matter 10 uues-
ton, or in the event or the trial OF any ISSUE
matter question enquiry, or of the suit. action
Of proceeding in which he is offered as a witness,
and notwithstanding that such person offered as
a witness may have been previously convicted OF
any crime or offence except as aforesaid,
Sec 80. Ga the trial Of any issue joined or
OF any matter or question, or on any enquiry
arising in any suit, action or proceeding in any
court, or before any person having by law or by
consent of parties authority to hear. receive and
examine evidence, it shall be lawful for such
court or person TO receive the evidence of any
minor. notwithstanding he may be destitute Of
the knowledge of God and of any belief in re-
lgion or in a future state of rewards and punish
ments. Provided always, that the evidence OF
such minor shall be given upon his affirmation
or declaration to tell the truth the whole truth
and nothing but the truth or in such other form
as may be approved of and allowed by such court
or person as first aforesaid, and after he shall
have been cautioned by such court or person that
he will incur aud be liable to punishment if he
do not tell the truth. Provided also. that no
such evidence shall in any case be received no.
less it shall be proved to the satisfaction of such
court or such person, that such minor perfectly
understands the nature and object of such decla-
ration or Affirmation as Aforesaid. and the purpose
for which his testimony is required
Sec 81 On the trial Of any issue Joined, or
of any matter, question or on any en-
quiry arising in any suit action or pro-
ceeding in any court or before any person having
by law, or consent of parties authority to hear,
receive and examine evidence, the parties there
to, and the persons in whose behalf any such |!
action suit or proceeding may be brought or de- |
Tended, and the husbands and wives of such |
plrties end persons respectively shall Except |
as hereinafter excepted) be competent and CON-
pellable to give evidence, either in person or BY
deposition according to the practice of the court,
On behalf Of either or any of the parties to the
said suit, action or proceeding
Sec 50. The defendant in any criminal pro-
seeding may give evidence on his own behalf,
md shall thereupon be subject to cross.examina.
ION in like manner as any other Witness but in
Ease any such person shall neglect or decline to
)fer himself as a witness no inference shall be
lrawn preiudical TO such accused by reason Of
uch neglect or refusal, nor seall any argument
be permitted tending to injure the defence of
uch accused person on account Of such failure to
,ffer himself as a witness. ~
Part Privileges, Disabilities, aud Obligations
OF Witnesses.
Sec. SO. Nothing herein contained shall rem.
Ter any person who in any criminal proceeding
charged with the commission Of any indiclable
fence or any offence Punishable on summary
onyiction, compellabe to give evidence for or
gainst himself; or Except as hereinafter men
ioned) shall render any person compellable to
uswer any question tending to crimnate him
elf or shall in any criminal proceeding render
ny husband competent or compellable to give
violence against bis WIFE or any wife competent
r compellabls to give evidence against her hus-
and, except in such cases where such evidence
ray now be given provided also that in all
riminal proceedings the husband or wife OF the /
arty accused shall be a competent witness for
le defence. ~ gtF NAT E co
Sec. 81. No husband shall be compelIabe 10
sclose any communication nBde to him by his
ife during the marriage. and no wife shall be ]
)mpelable 30 disclose any. communication made
, her by her husband during the marriage.
Sec. IS. No clergyman Of any church or re-
gious denomination shall. without the consent
the person making the confession. diVulee IN 3
~ action. suit or proceeding, whether civil or +.
criminrl. any confession made to him in his
character according to the uses Of
10 church or religious denomination 10 which he
slongs, and no physician or surgeon shall. with c.
1t the consent Of his patient dvulge in any
vii suit action, or proceeding (unless the sanity
the patient be the matter In disputel any in |
rmation which he may have acquired, 10 at
nding the patient and which was necessary to
able him to prescribe or act for the patient
Sec. Sc. NorEilness shall on the trial of any
sue joined, or OF any matter or question, or on
y enquiry arising in any suit, action or pro-
edng, whether civil or criminal, be permitted
refuse TO answer any question which Is rele- L
mt and material TO the matter ia issue on the
ound that the answer may expose him to any
nalty or forfeiture, or may disgrace or crimi- i.
to himselfs unless the court or person having p
law or by consent OF parties authority TO hear, =
,eiye and examine evidence, shall be OF the -
inion that the answer will tend to subject such -,
tless to punishment for treason, felony or ~ ~
sdemeanor. oQ fr.fl'tff - -
IT s--The Means Of Discrediting Evidence. &C
See. 81. A witness may be questioned as to ha
ether be has been convicted OF any indictabIs 60
other offence and upon being so questioned ri
lie either denies the fact CT refuse to answer. tic
hall be lawful for the party so questioning to th
we such conviction be
Sec. 3d. A party producing witness shall vii
be allowed to impeach his credit by general
dence OF bad character but may contradict Sd
, hv other avfdarca ~ M lossa tho ,,;.-.-. | od