Penalty on persons as in case of an order made by such court or Judge in a cause depending in such court or before such Judge. II. Every person examined as a witness under any such comgiving false mission, order, or other process as aforesaid, who shall upon such examination wilfully and corruptly give any false evidence, shall be deemed and taken to be guilty of perjury. evidence. Payment of expenses. Power to persons to refuse to answer questions to criminate himself, or to produce documents. Certain rity under this act. III. Provided always, that every person whose attendance shall be so ordered shall be entitled to the like conduct money, and payment for expenses and loss of time, as upon attendance at a trial. IV. Provided also that every person examined under any such commission, order, or other process as aforesaid, shall have the like right to refuse to answer questions tending to criminate himself, and other questions which a witness in any cause pending in the court by which, or by a Judge whereof, or before the Judge by whom the order for examination was made, would be entitled to; and that no person shall be compelled to produce under any such order as aforesaid any writing or other document that he would not be compellable to produce at a trial of such a cause. V. Her Majesty's Superior Courts of Common Law at Westcourts and minster and in Dublin respectively, the Court of Session in Judges to have autho- Scotland, and any supreme court in any of her Majesty's colonies or possessions abroad, and any Judge of any such court, and every Judge in any such colony or possession who, by any order of her Majesty in Council may be appointed for this purpose, shall respectively be courts and Judges having authority under this act. Power to &c., for giving effect to provisions of this act. VI. It shall be lawful for the Lord Chancellor of Great Britain frame rules, with the assistance of two of the Judges of the Courts of Common Law at Westminster, so far as relates to England, and for the Lord Chancellor of Ireland, with the assistance of two of the Judges of the Courts of Common Law at Dublin, so far as relates to Ireland, and for two of the Judges of the Court of Session, so far as relates to Scotland, and for the chief or only Judge of the supreme court in any of Her Majesty's colonies or possessions abroad, so far as relates to such colony or possession, to frame such rules and orders as shall be necessary or proper for giving effect to the provisions of this act, and regulating the procedure under the same. 32 & 33 VICT. CHAP. 68. An Act for the further amendment of the Law of Evidence. [9th August, 1869.] Whereas the discovery of truth in Courts of Justice has been signally promoted by the removal of restrictions on the admissibility of witnesses, and it is expedient to amend the law of evidence with the object of still further promoting such discovery: 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 Parliament assembled, and by the authority of the same, as follows: c. 99, and part of I. The fourth section of chapter ninety-nine of the statutes Sect. 4, of passed in the fourteenth and fifteenth years of her present 14 & 15 Vict. Majesty, and so much of the second section of the " Evidence Amendment Act, 1853," as is contained in the words "or in any proceeding instituted in consequence of adultery," are hereby repealed. sect. 2, of 16 & 17 Vict. c. 83. repealed. breach of promise of II. The parties to any action for breach of promise of marriage Partics in shall be competent to give evidence in such action: provided actions for always, that no plaintiff in any action for breach of promise of marriage shall recover a verdict unless his or her testimony shall marriage. be corroborated by some other material evidence in support of such promise. bands and III. The parties to any proceeding instituted in consequence Parties and of adultery, and the husbands and wives of such parties shall be their huscompetent to give evidence in such proceeding: provided that no wives to be witness in any proceeding, whether a party to the suit or not, witnesses shall be liable to be asked or bound to answer any question tend- in suits for ing to show that he or she has been guilty of adultery, unless such witness shall have already given evidence in the same proceeding in disproof of his or her alleged adultery. adultery. take oath make decla IV. If any person called to give evidence in any Court of Jus- Persons tice, whether in a civil or criminal proceeding, shall object to objecting to take an oath, or shall be objected to as incompetent to take an may be oath, such person shall, if the presiding Judge is satisfied that allowed to the taking of an oath would have no binding effect on his conscience, make the following promise and declaration : "I solemnly promise and declare that the evidence given by me to the Court shall be the truth, the whole truth, and nothing but the truth." And any person who, having made such promise and declaration, shall wilfully and corruptly give false evidence, shall be liable to be indicted, tried, and convicted for perjury as if he had taken an oath. ration, and be triable for perjury. V. This Act may be cited for all purposes as the "Evidence Short title. Further Amendment Act, 1869." VI. This Act shall not extend to Scotland. Extent of Act. APPENDIX. PART III. CONSISTING OF STATUTES RELATING TO PROCEDURE AND GENERAL MATTERS. Arrest on mesne process abolished, except in certain cases. A Judge of a Superior Court may order de fendant to be arrested in certain cases. 3 & 4 VICT. CHAP. CV. An Act for abolishing Arrest on Mesne Process in civil Actions, except in certain Cases; for extending the Remedies of Creditors against the Property of Debtors; and for the further Amendment of the Law and the better Advancement of Justice in Ireland. [10th August, 1840.] Whereas the present power of arrest upon mesne process in Ireland is unnecessarily extensive and severe, and ought to be relaxed and whereas it is expedient that certain provisions of Acts of Parliament in force in England in relation to actions in Courts of Common Law, and to process and proceedings therein, should be extended to Ireland be it therefore 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 Parliament assembled, and by the authority of the same, that from and after the time appointed for the commencement of this act no person shall be arrested upon mesne process in any civil action in any Inferior Court whatsoever, or (except in the cases and in the manner hereinafter provided for) in any Superior Court. II. And be it enacted, that if a plaintiff in any action in any of her Majesty's Superior Courts of Law at Dublin, in which the defendant is now liable to arrest, whether upon the order of a Judge or without such order, shall, by the affidavit of himself or of some other person, show to the satisfaction of a Judge of one of the said Superior Courts, that such plaintiff has a cause of action against the defendant or defendants to the amount of twenty pounds or upwards, or has sustained damage to that amount, and that there is probable cause for believing that the defendant or any one or more of the defendants is or are about to quit Ireland unless he or they be forthwith arrested or held to special bail, it shall be lawful for such judge, by a special order, to direct that such defendant or defendants so about to quit Ireland shall be held to bail for such sum as such Judge shall think fit, not exceeding the amount of the debt or damages so sworn to as aforesaid; and thereupon it shall be lawful for such plaintiff, within the time which shall be expressed in such order, but not afterwards, to sue out one or more writ or writs of capias into one or more different counties, as the case may require, against any such defendant so directed to be held to bail, which writ of capias shall have marked at the foot thereof or endorsed thereon the sum for which such defendant shall be so ordered to be arrested or held to bail, and the said writ shall have subscribed at the foot thereof the memorandum and warning, and shall have endorsed thereon the several endorsements in the form in the schedule (A.) to this Act annexed, and shall bear date on the day on which the same shall be issued, and be returnable into the Court out of which such writ shall have issued, according to the practice of such Court. arrest de Defendant III. And be it enacted, that the sheriff or other officer to Sheriff may whom any such writ of capias shall be directed shall, before proceed to the expiration of the return of the said writ, within one calendar fendant. month after the date thereof, including the day of such date, but not afterwards, proceed to arrest the defendant thereupon; and such defendant when so arrested shall remain in custody until to remain in he shall have given a bail bond to the sheriff, or shall have made custody deposit of the sum endorsed on such writ of capias, together with anti ten pounds for costs, according to the practice of the said supe- or makes a rior courts; and all subsequent proceedings as to the putting in deposit. and perfecting special bail, or of making deposit and payment of money into Court instead of putting in and perfecting special bail, shall be according to the like practice of the said superior courts, or as near thereto as the circumstances of the case will admit. finds bail. be made at IV. And be it enacted, that any such special order may be Order may made and the defendant arrested in pursuance thereof at any any time judgment. time after the commencement of such action, and before final before final judgment shall have been obtained therein. for his dis V. And be it enacted, that it shall be lawful for any person Defendant arrested upon any such writ of capias to apply at any time after may apply such arrest to a Judge of one of the superior courts at Dublin, charge forthor to the Court in which the action shall have been commenced, with. for an order or rule on the plaintiff in such action to show cause why the person arrested should not be discharged out of custody; Judge mav and that it shall be lawful for such Judge or Court to make ab- discharge solute or discharge or refuse such order or rule, and to direct the defendant costs of the application to be paid by either party, or to make such other order therein as to such Judge or Court shall seem fit; provided that any such order made by a Judge may be discharged or varied by the Court, on application made thereto by be appealed either party dissatisfied with such order. or not. Order of from. Warrants of attorney or cognovit actionem ted in the on behalf of the person except warrants X. And whereas it is expedient that provision should be made for giving every person executing a warrant of attorney to confess judgment, or a cognovit actionem (save as hereinafter mentioned) to be execu- due information of the nature and effect thereof; be it enacted, presence of that from and after the time appointed for the commencement of an attorney, this act no warrant of attorney to confess judgment in any personal action, or cognovit actionem given by any person, save and except a warrant of attorney to confess judgment in an action upon a bond or writing obligatory recited therein or collateral with bonds. therewith, shall be of any force unless there shall be present some attorney of one of the superior courts on behalf of such person, expressly named by him, and attending at his request, to inform him of the nature and effect of such warrant or cognovit, before the same is executed; which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state that he subscribes as such attorney. collateral Warrants, &c., not formally executed invalid. Defeasance of warrant of attorney, &c., to be written on the same paper. Officer of keep a book list and XII. And be it enacted, that a warrant of attorney to confess judgment or cognovit actionem (save and except as aforesaid) not executed in manner aforesaid, shall not be rendered valid by proof that the person executing the same did in fact understand the nature and effect thereof, or was fully informed of the same. XIV. And be it enacted, that if such warrant of attorney shall be given subject to any defeasance or condition, such defeasance or condition shall be written on the same paper on which such warrant of attorney shall be written, before the time when the same, or a copy thereof respectively, shall be filed, otherwise such warrant of attorney shall be null and void to all intents and purposes. XV. And be it enacted, that the said officer of the said court in which such warrant of attorney or copy thereof shall be filed containing shall cause every such warrant of attorney in any personal action, and every copy thereof filed in his said office, to be numbered, and shall keep a book or books in his said office in which he shall cause to be fairly entered an alphabetical list of every such warrant of attorney, containing therein the names and additions and descriptions of the respective defendants or persons giving such warrants of attorney, and also the names, additions, and descriptions of the plaintiffs or persons in whose favour the same shall have been given, together with the number and dates of the execution, and filing of the same, or of a copy thereof respectively, and the sums for which judgment is to be entered up, and also the sums which are specified to be paid by the defeasance or conditions in each warrant of attorney, and the times when the same are thereby made payable, according to the form contained in the schedule (B.) to this act annexed, which said book or books, and every warrant of attorney or copy thereof, filed in |