418
No. 2 of 1889.
Examination of witness under
$s. 38 & 39. 19 & 20 Vict.
EVIDENCE.
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 22. Vict. c. 20, and practice of the Colony: Provided always—
c. 113, ss. 3, 4, 5;
ss. 3, 4.
:
(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.
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Administra-tion of oath
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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
14 & 15 Vict.
before it.
c. 99, s.. 16.
Normal manner of administra-tion of oaths.
9 Edw..7,
43.-(1) Any oath may be administered and taken in the form and manner following:
The person taking the oath shall hold the New Testament, c. 39, ss: 2, 3. or, in the case of a Jew, the Old Testament, in his uplifted hand, and shall say or repeat after the officer administering the oath the words "I swear by Almighty God that followed by the words of the oath prescribed by law.
* As amended by No. 20 of 1922 and Law Rev. Ord., 1923.
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