EVIDENCE.
No. 2 of 1889.
455
authorised, by commission, order, or other process, the obtaining the testimony in or in relation to any civil proceedings pending in or before such Court or tribunal of any witness out of the jurisdiction of such Court or tribunal and within the jurisdiction of the Supreme Court, it shall be lawful for the Court or Judge to order the examination before the 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 the Supreme Court, it shall be lawful for the Court or Judge to order the examination upon oath, upon interrogatories, or otherwise, before any person named in such order, of such witness accordingly.
(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.
As amended by No. 50 of 1911, No. 62 of 1911 and No. 63 of 1911.
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EVIDENCE.
No. 2 of 1889.
455
authorised, by commission, order, or other process, the obtaining the testimony in or in relation to any civil proceedings pending in or before such Court or tribunal of any witness out of the jurisdiction of such Court or tribunal and within the jurisdiction of the Supreme Court, it shall be lawful for the Court or Judge to order the examination before the 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.
examination
in relation to
39.-(1) Where, on an application by summons for this pur- Order for pose, it is made to appear to the Court or Judge that any Court of witnesses or tribunal of competent jurisdiction in a foreign country, before in the Colony which any civil or commercial or criminal proceedings are pend- proceedings ing, is desirous of obtaining the testimony in relation to such pending in proceedings of any witness within the jurisdiction of the Supreme country.
[19 & 20 Vict. Court, it shall be lawful for the Court or Judge to order the
c. 113 s. 1.] examination upon oath, upon interrogatories, or otherwise, before any person named in such order, of such witness accordingly.
(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.
As amended by No. 50 of 1911, No. 62 of 1911 and No. 63 of 1911.
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