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Fort Havoc (Wallace Hale)

Le langage employé dans les textes est celui utilisé par Wallace Hale. Les documents dont les Archives provinciales font l’acquisition ne sont pas traduits de la langue dans laquelle ils ont été produits.

CAP. XX.

An ACT for admitting Depositions De Bene Esse of Witnesses, aged, infirm and otherwise unable to travel, and of Witnesses departing from the Province.

Depositions of witnesses de bene esse.

Admitted in future causes between the same parties in question of title to land.

I. BE it enacted by the Governor, Council, and Assembly, That when it shall so happen that any of the Witnesses, which shall be judged necessary to be produced on the trial of any cause, between party and party, shall be infirm, aged or otherwise unable to travel, or when any such Witness or Evidence is obliged to leave the Province, it shall and may be lawful for any one of the Judges of the Court where the cause is to be tried after declaration filed, on due notice given to the adverse party to be present (if he sees fit), to take the deposition of such infirm or aged person or persons unable to travel, or who is obliged to leave the Province; and such depositions so taken and certified under the hand and seal of the said Judge, and sealed up and directed to such Court, shall be received as legal evidence in such cause, and also when the title to Land shall be in question in all future causes between the same parties or persons holding under them for the same Land.

Notice to adverse party.

II. Provided, That proof be made on Oath that due notice was given to the adverse party of the time and place of taking such depositions.

Witnesses in the Province shall testify viva voce.

III. And provided nevertheless, That if such Witnesses shall at the time of the trial of the cause be in the Province or able to travel, they shall be required to give their testimony viva voce at such trial, in the same manner as if such depositions had not been taken.

Exceptions to the credit of Deponents reserved.

IV. Provided also, That all benefit of exceptions to the credit of such Deponents, shall be reserved in the same manner, as on producing Witnesses for examination, viva voce, at the trial.

Quakers to affirm.

V. And be it enacted, That every person of the profession of the people called Quakers, who shall be required to take an Oath as aforesaid, shall instead of an Oath be permitted to make his or her solemn Affirmation.

False swearing punished as perjury.

VI. And be it also enacted, That every person who shall have made such Oath or solemn Affirmation, and shall be convicted of wilfully, falsely and corruptly having sworn or affirmed any thing, shall incur the same penalties as persons convicted of wilful and corrupt perjury.

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C. 20. Anno XXVI. Geo. III. A. D. 1786.

Index

Depositions of witnesses de bene esse. Admitted in future causes between the same parties in question of title to land.		I. BE it enacted by the Governor, Council, and Assembly, That when it shall so happen that any of the Witnesses, which shall be judged necessary to be produced on the trial of any cause, between party and party, shall be infirm, aged or otherwise unable to travel, or when any such Witness or Evidence is obliged to leave the Province, it shall and may be lawful for any one of the Judges of the Court where the cause is to be tried after declaration filed, on due notice given to the adverse party to be present (if he sees fit), to take the deposition of such infirm or aged person or persons unable to travel, or who is obliged to leave the Province; and such depositions so taken and certified under the hand and seal of the said Judge, and sealed up and directed to such Court, shall be received as legal evidence in such cause, and also when the title to Land shall be in question in all future causes between the same parties or persons holding under them for the same Land.
Notice to adverse party.		II. Provided, That proof be made on Oath that due notice was given to the adverse party of the time and place of taking such depositions.
Witnesses in the Province shall testify viva voce.		III. And provided nevertheless, That if such Witnesses shall at the time of the trial of the cause be in the Province or able to travel, they shall be required to give their testimony viva voce at such trial, in the same manner as if such depositions had not been taken.
Exceptions to the credit of Deponents reserved.		IV. Provided also, That all benefit of exceptions to the credit of such Deponents, shall be reserved in the same manner, as on producing Witnesses for examination, viva voce, at the trial.
Quakers to affirm.		V. And be it enacted, That every person of the profession of the people called Quakers, who shall be required to take an Oath as aforesaid, shall instead of an Oath be permitted to make his or her solemn Affirmation.
False swearing punished as perjury.		VI. And be it also enacted, That every person who shall have made such Oath or solemn Affirmation, and shall be convicted of wilfully, falsely and corruptly having sworn or affirmed any thing, shall incur the same penalties as persons convicted of wilful and corrupt perjury.