A.D. 1889.]
EVIDENCE.
[No. 2.
643
(2.) It shall be lawful for the Supreme Court or any Judge thereof, by the same or any subsequent order, to command the attendance of any person to be named in such order for the purpose of being examined or of producing any writings or other documents to be mentioned in such order, and to give all such directions as to the time, place, and manner of such examination and all other matters connected therewith as may appear reasonable and just.
(3.) Any such order may be enforced in like manner as an order made by the Supreme Court or any Judge thereof in any action or other proceeding depending in the Supreme Court or before any Judge thereof.
40. A certificate under the hand of the Ambassador, Minister, or other Diplomatic Agent of any Foreign State, received as such by the Governor, or, in case there is no such Diplomatic Agent, then of the Consul-General or Consul of any such Foreign State in the Colony, received and admitted as such by the Governor, that any such proceedings in relation to which an application is made under the last preceding section is a civil or commercial suit or matter pending before a court or tribunal in the country of which he is the Diplomatic Agent or Consul-General or Consul having jurisdiction in the proceedings so pending, and that such court or tribunal is desirous of obtaining the testimony of the witness or witnesses to whom the application relates, shall be evidence of the matters so certified; but where no such certificate is produced, other evidence to that effect shall be admissible.
41. When, under any such commission, order, or other process as is mentioned in section 38 or under any order made under section 39, any witness is to be examined, such witness shall be examined upon oath, affirmation and declaration, or declaration alone or otherwise according to the law and practice of the Colony: Provided always
(1.) that every person whose attendance is required under any such commission, order, or other process shall be entitled to the like conduct money and payment of expenses and loss of time as on attendance at the trial or hearing of any action or other proceeding before the Supreme Court;
(2.) that every person examined under any such commission, order, or other process shall have the like right to refuse to answer questions tending to criminate himself and all such other questions to which he would be entitled to object in similar proceedings before the Supreme Court; and
(3.) that no person shall be compelled to produce, under any such order as aforesaid, any writing or other document that he would not be compellable to produce at the trial or the hearing of any action or other proceeding before the Supreme Court.
Effect of Ambassador, etc., as certificate of evidence in support of application. c. 113 s. 2. 19 & 20 Vict.
Examination under ss. 39 and 40. 22 Tit. of witness Ib. ss. 3, 4, 5; c. 20 ss. 6. 3.