No. 2 of 1889.
417
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 proceedings
39. (1) Where, on an application by summons for this Order for 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.
foreign
19 & 20 Vict. c. 113, s. 1. [ef. No. 3 of 1901, s. 326a.]
certificate of evidence in support of application.
19 & 20 Vict. c. 113, s. 2. [ef. No. 3 of 1901, s. 326A.]
40. A certificate under the hand of the ambassador, Effect of Ambassador, minister or other diplomatic agent of any foreign power, received as such by His Majesty, or in case there be no such diplomatic agent, then of the consul-general or consul of any such foreign power at London, received and admitted as such by His 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
EVIDENCE.
No. 2 of 1889.
417
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
proceedings
39. (1) Where, on an application by summons for this Order for purpose, it is made to appear to the court or judge that any of witnesses court or tribunal of competent jurisdiction in a foreign in the Colony country, before which any civil or commercial or criminal in relation to proceedings are pending, is desirous of obtaining the testimony in relation to such proceedings of any witness country. 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 hamed 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 reason- able and just.
(3) Any such order may be enforced in like manner as an order inade by the court or judge in any action or other proceeding.
foreign
19 & 20 Vict. ef. No. 3 of 1901, s. 326a.]
c. 113, s. 1.
certificate of
evidence in support of
application.
19 & 20 Vict. c. 113, s. 2. [ef. No. 3 of 1901, s. 326A.]
40. A certificate under the hand of the ambassador, Effect of minister or other diplomatic agent of any foreign power, Ambassador, received as such by His Majesty, or in case there be no such etc., as diplomatic agent, then of the consul-general or consul of any such foreign power at London, received and admitted as such by His 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 com- mercial, 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
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