1923_EVIDENCE_ORDINANCE__1889 — Page 13

416

No. 2 of 1889.

EVIDENCE.

Provision for prisoner being present at taking of statement.

c. 35, s. 7.

had, if he had chosen to be present, full opportunity of cross-examining the person who made the same.

(2) No such statement shall be rejected on the ground of any failure to comply with any of the provisions of sub-section (1) with regard to the notice or the caption unless the court is of opinion that the person accused was substantially prejudiced by such failure.

33. Whenever a prisoner in actual custody has been served with or has received notice of an intention to take such statement as is mentioned in section 32, the judge or magistrate by whom the prisoner was committed, or the visiting justices of the prison in which he is confined, may, by an order in writing, direct the gaoler having the custody of the prisoner to convey him to the place mentioned in the said notice for the purpose of being present at the taking of the statement; and such gaoler shall convey the prisoner accordingly, and the expenses, if any, of such conveyance, shall be paid out of the Treasury.

Order for examination of witnesses in action pending before British court. 22 Vict.

[ss. 34 and 35, rep. No. 8 of 1912; ss. 36 and 37, rep. No. 43 of 1912.]

PART IV.

COMMISSIONS TO TAKE EVIDENCE.

38.—(1) Where, on an application for this purpose, it is made to appear to the court or judge that any of His Majesty's courts or tribunals of competent jurisdiction outside the Colony has duly authorised, by commission, order, or other process, the obtaining of 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, [cf. No. 3 of 1901, s. 326.] 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.

* As amended by Law Rev. Ord., 1923.

to be examined as to the matter in question, and to be subject to all other rules and obligations with reference to the examination of witnesses in like cases, and shall be examined on oath, or shall make affirmation, as the case may be, and shall answer all such questions as may be lawfully put to him by the person appointed to take the examination, or by any other person named in the order for the purpose.

(2) Every person so examined shall be deemed to be a witness duly examined, and the examination shall be deemed to have been taken in the court or tribunal in which the civil proceedings are pending.

(3) The examination so taken shall be returned to the court or tribunal in which the civil proceedings are pending, and shall be received and used in evidence in the same manner as if it had been taken before such court or tribunal.

40. The minister may receive the examination of witnesses taken in a foreign country in pursuance of a commission or request from the diplomatic or consular representative of Her Majesty in such foreign country, or from the government or court of such foreign country, and may transmit the same to the court or tribunal in which the civil proceedings are pending, to be used in evidence in the same manner as if it had been taken before such court or tribunal.

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