436
Effect of
certificate of Ambassador, etc., as evidence in support of
application. [19 & 20 Vict. c. 113 s. 2.]
*
Examina-tion of wit-
noss under ss. 38 & 39.
[ib. ss. 3, 4, 5;
22 Vict. c. 20 ss. 6, 3.]
Administra-tion of oath
by the Court. [14 & 15 Vict. c. 99 s. 16.]
No. 2 of 1889.
EVIDENCE.
40. A certificate under the hand of the ambassador, minister or other diplomatic agent of any Foreign Power, received as such by His Majesty, or in case there be no such diplomatic agent, then of the consul-general or consul of any such Foreign Power at London, received and admitted as such by His Majesty or of the consul-general, consul, or vice-consul, of any such Foreign Power in the Colony, received and admitted as such, that any matter in relation to which an application is made under this Ordinance is a civil, or commercial, or criminal matter pending before a Court or tribunal in the country of which he is the diplomatic agent or consul having jurisdiction in the matter so pending, and that such Court or tribunal is desirous of obtaining the testimony of the witness 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.
PART V.
OATHS, AFFIRMATIONS, ETC.
42. The Court is hereby empowered to administer an oath to all such persons as are legally called or appear voluntarily before it.
* As amended by No. 3 of 1909, No. 50 of 1911, No. 62 of 1911 and No. 63 of 1911.
b