CAP. 8]
[s. 45 cont.]
Examination of witness under ss. 42 & 43.
19 & 20 Vict. c. 113, ss. 3, 4, 5; 22 Vict. c. 20, s. 3, 4.
Evidence.
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.
[40]
46. When, under any such commission, order, or other process as is mentioned in section 43 or under any order made under section 44 any witness is to be examined, such witness shall be examined upon oath, affirmation, and declaration, or declaration alone or otherwise according to the law and practice of the Colony: Provided always--
(a) 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;
(b) 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
(c) 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.
[41]
PART V.
OATHS, AFFIRMATIONS, ETC.
47. The court is hereby empowered to administer an oath to all such persons as are legally called or appear voluntarily before it.
14 & 15 Vict. c. 99, s. 16.
Powers of Legislative Council as to examination of witness28,
[42]
48. (1) The Legislative Council and any committee thereof may administer an oath to any witness examined before such Council or committee, and for that purpose shall
288
Page 20
Page 21
:
CAP. 8]
[s. 45 cont.]
Examination
of witness under
8s. 42 & 43.
19 & 20 Vict.
c. 113, ss. 3, 4. .5;
22 Vict.
Evidence.
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.
[40]
46. When, under any such commission, order, or other process as is mentioned in section 43 or under any order made under section 44 any witness is to be examined, such witness shall be examined upon oath, affirmation and
c. 20, s. 3, 4. declaration, or declaration alone or otherwise according to
the law and practice of the Colony: Provided always--
(a) that every person whose attendance is required
Administra-
tion of oath.
under any such commission, order, or other process shall be entitled to the like conduct money and pay- ment of expenses and loss of time as on attendance at the trial or hearing of any action or other pro- ceeding before the Supreme Court;
(b) that every person examined under any such com- mission, order, or other process shall have the like right to refuse to answer questions tending to cri- minate himself and all such other questions to which he would be entitled to object in similar proceedings before the Supreme Court; and (c) 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 pro- duce at the trial or the hearing of any action or other proceeding before the Supreme Court. [41]
PART V.
OATHS, AFFIRMATIONS, ETC.
47. The court is hereby empowered to administer an 14 & 15 Vict. oath to all such persons as are legally called or appear volun-
tarily before it.
c. 99, s. 16.
Powers of Legislative Council as to examination of witness28,
[42]
48. (1) The Legislative Council and any committee thereof may administer an oath to any witness examined before such Council or committee, and for that purpose shall
288
―
Page 20Page 21
No comments yet.
Private notes are available after approval.