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THE HONGKONG GOVERNMENT GAZETTE, 30TH JANUARY, 1886.

GOVERNMENT NOTIFICATION.—No. 40.

The following Act of the Imperial Parliament, 48 and 49, Vict., Chap. 74, entitled the Evidence by Commission Act, 1885, is published for general information.

By Command,

Colonial Secretary's Office, Hongkong, 30th January, 1886.

FREDERICK STEWART,

Acting Colonial Secretary.

CHAPTER 74.

An Act to amend the Law relating to taking Evidence by Commission in India and the Colonies, and elsewhere in Her Majesty's Dominions.

BE it by the queen's most temporal, just

[14th August, 1885.]

E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Par-

liament assembled, and by the authority of the same, as follows:

1. This Act may be cited as the Evidence by Commission Act, 1885.

A.D. 1885.

Short title.

nominate examiner

2. Where in any civil proceeding in any court of competent jurisdiction an order Power to courts to for the examination of any witness or person has been made, and a commission, nominal proceedings. mandamus, order, or request for the examination of such witness or person is addressed to any court, or to any judge of a court, in India or the Colonies, or elsewhere in Her Majesty's dominions, beyond the jurisdiction of the court ordering the examination, it shall be lawful for such court, or the chief judge thereof, or such judge, to nominate some fit person to take such examination, and any deposition or examination taken before an examiner so nominated shall be admissible in evidence to the same extent as if it had been taken by or before such court or judge.

3. Where in any criminal proceeding a mandamus or order for the examination of Power in criminal any witness or person is addressed to any court, or to any judge of a court, in India or proceedings to the Colonies, or elsewhere in Her Majesty's dominions, beyond the jurisdiction of the magistrate to take nominate judge or court ordering the examination, it shall be lawful for such court, or the chief judge depositions. thercof, or such judge, to nominate any judge of such court, or any judge of an inferior court, or magistrate within the jurisdiction of such first-mentioned court, to take the examination of such witness or person, and any deposition or examination so taken shall be admissible in evidence to the same extent as if it had been taken by or before the court or judge to whom the mandamus or order was addressed.

4. The provisions of the Act passed in the twenty-second year of Her Majesty, Application of 22 chapter twenty, intituled "An Act to provide for taking evidence in suits and proceed- Vict. c. 20, as to

ings pending before tribunals in Her Majesty's dominions in places out of the Juris- to proceedings under "diction of such tribunals" (which may be cited as the Evidence by Commission Act, 1859), as amended by this Act, shall apply to proceedings under this Act.

conduct, money, &c.,

this Act.

costs.

5. The power to make rules conferred by section six of the Evidence by Com- Amendment of 22 mission Act, 1859, shall be deemed to include a power to make rules with regard to Vict. c. 20, as to all costs of or incidental to the examination of any witness or person, including the remuneration of the examiner, if any, whether the examination be ordered pursuant to that Act or under this or any other Act for the time being in force relating to the examination of witnesses beyond the jurisdiction of the court ordering the examination.

of witness.

6. When pursuant to any such commission, mandamus, order, or request as in Oath or affirmation this Act referred to any witness or person is to be examined in any place beyond the jurisdiction of the court ordering the examination, such witness or person may be exa- mined on oath, affirmation, or otherwise, according to the law in force in the place where the examination is taken, and any deposition or examination so taken shall be as effectual for all purposes as if the witness or person had been examined on oath before a person duly authorised to administer an oath in the court ordering the examination.