the-ordinances-of-the-legislative-counci-1890v2 — Page 519

1103
EVIDENCE CONSOLIDATION . [ 2 of 1889.)
in like manner as an order made by the Supreme Court or any
Judge thereof in any suit depending in such Court or before
such Judge.
43. A certificate under the hand of the Ambassador, Minister Certificate of
or other Diplomatic Agent ofany Foreign Power, received as such &cambassador,
.,
by the Governor or in case there be no such Diplomatic Agent, evidence in
then of the Consul-General or Consul of any such Foreign Power Suplicant of .
in the Colony received and admitted as such by the Governor V.c.
(19 and
113, 20
s. 2.)
that any such proceedings in relation to which an application is
made under the last section of this ordinance in a civil or
commercial suit or matter pending before a Court or tributal
in the country of which he is the Diplomatic Agent or Consul,
having jurisdiction in the proceedings so poniling and that such
Court or tribunal is desirous of obtaining the testimony of the
witness or witnesses 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 .
44. When under any such comniission, order or other Examination
process is mentioneil in section 41 or under any order inade ofwitness
under section 42 of this ordinance, any witness is to beexamined , 41, 42.
such witness shall be examined on oath, affirmation and decla- c.[ 19113and 20 V.
, s. 3. 22
ration , and declaration alone or otherwise according to the law V.c. 20,s.6.1
and practice of the Colony ; Provided always,-
( 1.) That every person whose attendance shall be required expenses.
Payment of
under any such comuiission order or other process 19 and 20
shall be entitled to the like conduct money and V.c.113,s. H.]
payment of expenses and loss of time as upon [22
1.3.)V.] c. 20 ,
attendance at the trial or hearing of any suit or
other proceeding before the Supreme Court; and
( 2. ) That every person examined under any such commis- have Persons to
right
sion, oriler or other process shall have the like right of refusalto
to refuse to answer questions tending to criminate tiousanswerandques.
to
himself, and all such other questions to which lie produce
would be entitled to object in similar proceedings documents
[ 19 and 20
.
before the Supreme Court; and that no person shall 1.c.113,2.5.]
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 in the Supreme Court.
PART VI.
OATIIS, AFFIRMATIONS, & c .
45. The Court is hereby empowered to administer an oath Administra
to all such persons as are legally called or appear voluntarily by the Court.
before it. No. 3 of
18 : 2 , s. 10, 1+
and 15 V'.c .
99, s. 16.]