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	Statutes of Northern Ireland
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EVIDENCE ACT 1851

EVIDENCE ACT 1851 - LONG TITLE

An Act to amend the Law of Evidence.{1}
[7th August 1851]
Preamble rep. by SLR 1892

S.1 rep. by SLR 1875

EVIDENCE ACT 1851 - SECT 2
Parties to be admissible witnesses.

2. On the trial of any issue joined, or of any matter or
question, or on any inquiry arising in any suit, action, or other
proceeding in any court of justice, or before any person having by
law, or by consent of parties, authority to hear, receive, and
examine evidence, the parties thereto, and the persons in whose
behalf any such suit, action, or other proceeding may be brought or
defended, shall, except as herein-after excepted, be competent and
compellable to give evidence either viva8 voce 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 other proceeding.

EVIDENCE ACT 1851 - SECT 3
Saving as to criminal proceedings.

3. But nothing herein contained shall render any person who in any
criminal proceeding is charged with the commission of any indictable
offence, or any offence punishable on summary conviction, competent
or compellable to give evidence for or against himself or herself,
or shall render any person compellable to answer any question
tending to criminate himself or herself, or shall in any criminal
proceeding render any husband competent or compellable to give
evidence for or against his wife, or any wife competent or
compellable to give evidence for or against her husband.

S.4 rep. by 1869 c.68 s.1

EVIDENCE ACT 1851 - SECT 5
Saving as to 1837 c.26.

5. Nothing herein contained shall repeal any provision contained in
the Wills Act, 1837.

S.6 rep. by SLR 1892; 1978 c.23 s.122(2) sch.7

EVIDENCE ACT 1851 - SECT 7
Proof of foreign and colonial acts of state, judgments, &c.

7. All proclamations, treaties, and other acts of state of any
foreign state or of any British colony, and all judgments, decrees,
orders, and other judicial proceedings of any court of justice in
any foreign state or in any British colony, and all affidavits,
pleadings, and other legal documents filed or deposited in any such
court, may be proved in any court of justice, or before any person
having by law or by consent of parties authority to hear, receive,
and examine evidence, either by examined copies or by copies
authenticated as herein-after mentioned; that is to say if the
document sought to be proved be a proclamation, treaty, or other
act of state, the authenticated copy to be admissible in evidence
must purport to be sealed with the seal of the foreign state or
British colony to which the original document belongs; and if the
document sought to be proved be a judgment, decree, order, or other
judicial proceeding of any foreign or colonial court, or an
affidavit, pleading, or other legal document filed or deposited in
any such court, the authenticated copy to be admissible in evidence
must purport either to be sealed with the seal of the foreign or
colonial court to which the original document belongs, or, in the
event of such court having no seal, to be signed by the judge,
or, if there be more than one judge, by any one of the judges of
the said court; and such judge shall attach to his signature a
statement in writing on the said copy that the court whereof he is
a judge has no seal; but if any of the aforesaid authenticated
copies shall purport to be sealed or signed as herein-before
respectively directed, the same shall respectively be admitted in
evidence in every case in which the original document could have
been received in evidence, without any proof of the seal where a
seal is necessary, or of the signature, or of the truth of the
statement attached thereto, where such signature and statement are
necessary, or of the judicial character of the person appearing to
have made such signature and statement.

EVIDENCE ACT 1851 - SECT 8
Proof of apothecaries' certificates.

8. Every certificate of the qualification of an apothecary which
shall purport to be under the common seal of the Society of the
Art and Mystery of Apothecaries of the City of London shall be
received in evidence in any court of justice, and before any person
having by law or by consent of parties authority to hear, receive,
and examine evidence, without any proof of the said seal or of the
authenticity of the said certificate, and shall be deemed sufficient
proof that the person named therein has been from the date of the
said certificate duly qualified to practise as an apothecary in any
part of England or Wales.

EVIDENCE ACT 1851 - SECT 9
Proof of documents in Ireland.

9. Every document which by any law now in force or hereafter to
be in force is or shall be admissible in evidence of any
particular in any court of justice in England or Wales without
proof of the seal or stamp or signature authenticating the same, or
of the judicial or official character of the person appearing to
have signed the same, shall be admitted in evidence to the same
extent and for the same purposes in any court of justice in
Ireland, or before any person having in Ireland by law or by
consent of parties authority to hear, receive, and examine evidence,
without proof of the seal or stamp or signature authenticating the
same, or of the judicial or official character of the person
appearing to have signed the same.

EVIDENCE ACT 1851 - SECT 10
Proof of documents in England and Wales.

10. Every document which by any law now in force or hereafter to
be in force is or shall be admissible in evidence of any
particular in any court of justice in Ireland, without proof of the
seal or stamp or signature authenticating the same, or of the
judicial or official character of the person appearing to have
signed the same, shall be admitted in evidence to the same extent
and for the same purposes in any court of justice in England or
Wales, or before any person having in England or Wales by law or
by consent of parties authority to hear, receive, and examine
evidence, without proof of the seal or stamp or signature
authenticating the same, or of the judicial or official character of
the person appearing to have signed the same.

EVIDENCE ACT 1851 - SECT 11
Proof of documents in the colonies.

11. Every document which by any law now in force or hereafter to
be in force is or shall be admissible in evidence of any
particular in any court of justice in... Ireland without proof of
the seal or stamp or signature authenticating the same, or of the
judicial or official character of the person appearing to have
signed the same, shall be admitted in evidence to the same extent
and for the same purposes in any court of justice of any of the
British colonies, or before any person having in any of such
colonies by law or by consent of parties authority to hear,
receive, and examine evidence, without proof of the seal or stamp
or signature authenticating the same, or of the judicial or official
character of the person appearing to have signed the same.

S.12 rep. by SLR 1875

EVIDENCE ACT 1851 - SECT 13
Proof of previous conviction by certified copy of record.

13. ... Whenever in any proceeding whatever it may be necessary to
prove the trial and conviction or acquittal of any person charged
with any indictable offence, it shall not be necessary to produce
the record of the conviction or acquittal of such person, or a
copy thereof; but it shall be sufficient that it be certified or
purport to be certified under the hand of the clerk of the court
or other officer having the custody of the records of the court
where such conviction or acquittal took place, or by the deputy of
such clerk or other officer, that the paper produced is a copy of
the record of the indictment, trial, conviction, and judgment or
acquittal, as the case may be, omitting the formal parts thereof.

EVIDENCE ACT 1851 - SECT 14
Examined or certified copies or extracts of public documents to be
admissible in evidence.

14. Whenever any book or other document is of such a public nature
as to be admissible in evidence on its mere production from the
proper custody, and no Statute exists which renders its contents
provable by means of a copy, any copy thereof or extracts therefrom
shall be admissible in evidence in any court of justice, or before
any person now or hereafter having by law or by consent of parties
authority to hear, receive, and examine evidence, provided it be
proved to be an examined copy or extract, or provided it purport
to be signed and certified as a true copy or extract by the
officer to whose custody the original is intrusted, and which
officer is hereby required to furnish such certified copy or extract
to any person applying at a reasonable time for the same, upon
payment of a reasonable sum for the same, not exceeding fourpence
for every folio of ninety words.

EVIDENCE ACT 1851 - SECT 15
Penalty for falsely certifying documents.

15. If any officer authorized or required by this Act to furnish
any certified copies or extracts shall wilfully certify any document
as being a true copy or extract, knowing that the same is not a
true copy or extract, as the case may be, he shall be guilty of
a misdemeanor, and be liable, upon conviction, to imprisonment for
any term not exceeding eighteen months.

EVIDENCE ACT 1851 - SECT 16
Administration of oaths.

16. Every court, judge, justice, officer, commissioner, arbitrator, or
other person, now or hereafter having by law or by consent of
parties authority to hear, receive, and examine evidence, is hereby
empowered to administer an oath to all such witnesses as are
legally called before them respectively.

S.17 rep. by 1913 c.27 s.20 sch. Pt.I

EVIDENCE ACT 1851 - SECT 19
Interpretation of ""British Colony.''

19. The words "British Colony" as used in this Act shall apply...
to the islands of Guernsey, Jersey, Alderney, Sark, and Man, and to
all other possessions of the British Crown, wheresoever and
whatsoever.

S.20 rep. by SLR 1875