304
No. 2 of 1889.
EVIDENCE.
Order for examination of witnesses in the Colony in relation to proceedings pending in foreign country.
person appointed, and in manner and form directed by such commission, order, or other process as aforesaid, of such witness accordingly, so far as not repugnant to the laws and practice of the Colony.
(2) It shall be lawful for the court or judge, 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, and any disobedience thereof punished, in like manner as in case of an order made by the court or judge in any action or other proceeding.
39.-(1) Where, on an application by summons for this purpose, it is made to appear to the court or judge that any court or tribunal of competent jurisdiction in a foreign country, before which any civil or commercial or criminal proceedings are pending, is desirous of obtaining the testimony in relation to such proceedings of any witness within the jurisdiction of 19 & 20 Vict. the Supreme Court, it shall be lawful for the court or judge [cf. No. 3 of 33 & 34 Vict. to order the examination upon oath, upon interrogatories, or otherwise, before any person named in such order, of such witness accordingly.
c. 113, s. 1. 1901, s. 326A and c. 52, s. 24.]
Effect of certificate of
(2) It shall be lawful for the court or judge 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 court or judge in any action or other proceeding.
40. A certificate under the hand of the ambassador, minister ambassador, or other diplomatic agent of any foreign power, received as
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