( 91 )
It was settled long ago in Chandler v. Home, 2 M. ARob., p. 433, that a Judge has no right to reject a witness on theground that he remained in Court in contravention of an order towithdraw.
The olden law of Scotland, which the learned Police Magistrateseems to have followed, was corrected by the Act 3 ft 4 Vic.,c. 59, section 3.
The Ceylon Civil Procedure Code contains a section (174) atvariance with the English law, but our Criminal Procedure Codehas no corresponding section.
Of course, if in the course of examination or cross-examination,a witness admits he was in Court during the examination of aformer witness, it is a point worthy of note ; but the accusedought not to be deprived of the right to call witnesses merelybecause they have not been kept out of the court-house.