the-ordinances-of-the-legislative-counci-1890v2 — Page 518

1108 2 of 1889. ] EVIDENCE CONSOLIDATION .


PART V.
COMMISSIONS TO TAKE EVIDENCE .

Order for 41. Where upon an application for this purpose by summons
examination
of witnesses it is made to appear to the Supreme Court or any Judge thereof
in the Colony that any of Her Majesty's Courts of competent jurisdiction ont
in relation to side the Colony has duly authorised by commission, order or
any
pending
before any
other process, the obtaining the testimony in or in relation to
tribunal or any civil proceedings pending in or before such Court or tribu
tribunals of
Her Majesty . nal of any witness or witnesses out of the jurisdiction of such
[ 22 V. c . 20, Court or tribunal, and within the jurisdiction of the Supreme
s.1 . ] Court it shall be lawful for the Supreme Court or any Judge
thereof to order the examination before the person or persons
appointed, and in manner and form directed by such commission,
order or other process as aforesaid of such witness or witnesses
accordingly so far as not repugnant to the laws and practice of
the Colony ; and it shall be lawful for the said Court or any
Judge thereof by the same order or by any subsequent order,
to command the attendance of any person to be named in such
order, for the purpose of being examined, or the production of
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 ; and any such order may be
enforced,and any disobedience thereof punished, in like manner
as in case of an order made by the Supreme Court or any Judge
thereof in any suit or other proceeding depending in such Court
or before any such Judge.
Order for
examination 42. Where upon an application by summons for this purpose ,
of witnesses it is made to appear to the SupremeCourt or any Judge thereof
in the Colony that any Court or tribunal of competent jurisdiction in aа Foreign
any civil or
commercial
Country, before which any civil or commercial proceedings are
matter pend pending, is desirous of obtaining the testimony in relation to
ing before a
foreign
such proceedings of any witness or witnesses within the juris
tribunal, diction of the Supreme Court it shall be lawful for the Supreme
( 19 and 20 Court or any Judge thereof to order the examination upon oath ,
V. c. 113, s. 1.] upon interrogatories or otherwise, before any person or persons
named in such crder, of such witness or witnesses accordingly;
and it shall be lawful for the Supreme Court or any Judge
thereof by the same order or by any subsequent order,to command
the attendauce of any person to be named in such order, for
the purpose of being examined, or the production of 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 ; and any such order may be enforced