The Commission undertook a review of history and interpretation of The Evidence Act  at  the request of the Department of Justice. This paper is intended to facilitate modernization of the legislation’s language, rather than recommend significant changes in the law.  Much of The Evidence Act is based on 19th century  English statutes that are now both obscure and irrelevant.  The Commission believes the analysis in this paper is a prerequisite to reform of the law of evidence (2004).