EVIDENCE.
No. 2 of 1889.
395
support of
19 & 20 Vict.
326A.]
such by His Majesty, or in case there be no such diplomatic etc., as agent, then of the consul-general or consul of any such foreign evidence in power at London, received and admitted as such by His application.
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.
of witness
41. When, under any such commission, order, or other Examination process as is mentioned in section 38, or under any order made under section 39, any witness is to be examined, such witness ss. 38 & 39. 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.
19 & 20 Vict.
22 Vict. c. 20, ss. 3, 4.
42. The court is hereby empowered to administer an oath Administra-