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Evidence (Scotland) Act 1840

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Evidence (Scotland) Act 1840

1840 CHAPTER 59

An Act for the Amendment of the Law of Evidence in Scotland.

[7th August 1840]

WHEREAS the Law of Evidence in Scotland has in certain respects been found inconvenient, and inconsistent with the Ends of Justice, and therefore requires Amendment: 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 passing of this Act it shall by the Law of Scotland be no Objection to the Admissibility of any Witness that he or she is the Father or Mother, or Son or Daughter, or Brother or Sister, by Consanguinity or Affinity, or Uncle or Aunt, or Nephew or Niece, by Consanguinity, of any Party adducing such Witness in any Action, Cause, Prosecution, or other Judicial Proceeding, Civil or Criminal; nor shall it be competent to any Witness to decline to be examined and give Evidence on the Ground of any such Relationship.

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