Lords Spiritual and Temporal, and Commons, in this present Parlia- 22 Vict. c. 20. ment assembled, and by the authority of the same, as follows: of witnesses any suit pend I. Where upon an application for this purpose it is made to appear Order for to any Court or Judge having authority under this Act that any Court examination or Tribunal of competent jurisdiction in Her Majesty's Dominions out of the has duly authorized, by commission, order, or other process, the ob- jurisdiction taining the testimony in or in relation to any action, suit, or proceeding in relation to pending in or before such Court or tribunal of any witness or witnesses ing before any out of the jurisdiction of such Court or tribunal, and within the tribunal in Jurisdiction of such first-mentioned Court, or of the Court to which her Majesty's such Judge belongs, or of such Judge, it shall be lawful for such Court possessions. or Judge 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; and it shall be lawful for the said Court or Judge by the same order, or for such Court or Judge, or any other Judge having authority under this Act, 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 such Court or Judge in a cause depending in such Court or before such Judge. false evidence. II. Every person examined as a witness under any such commission, Penalty on order, or other process as aforesaid, who shall upon such examination persons giving wilfully and corruptly give any false evidence, shall be deemed and taken to be guilty of perjury. III. Provided always, that every person whose attendance shall be Payment of so ordered shall be entitled to the like conduct money, and payment expenses. for expenses and loss of time, as upon attendance at a trial. refuse to criminate IV. Provided also, that every person examined under any such Power to commission, order, or other process as aforesaid, shall have the like persons to right to refuse to answer questions tending to criminate himself, and answer quesother questions which a witness in any cause pending in the Court by tions to which, or by a Judge whereof, or before the Judge by whom the imself, or to order for examination was made, would be entitled to; and that no produce person shall be compelled to produce under any such order as afore- documents. said any writing or other document that he would not be compellable to produce at a trial of such a cause. Courts and V. Her Majesty's Superior Courts of Common Law at Westminster Certain and in Dublin respectively, the Court of Session in Scotland, and any Judges to have Supreme Court in any of Her Majesty's Colonies or Possessions authority abroad, and any Judge of any such Court, and every Judge in any under this such Colony or Possession who, by any Order of Her Majesty in Act. Council, may be appointed for this purpose, shall respectively be Courts and Judges having authority under this Act. 22 Vict. c. 20. Power to Judges to frame rules, &c., for giving effect to provisions of this Act. VI. It shall be lawful for the Lord Chancellor of Great Britain, with the assistance of two of the Judges of the Courts of Common Law at Westminster, so far as relates to England, and for the Lord Chancellor of Ireland, with the assistance of two of the Judges of the Courts of Common Law at Dublin, so far as relates to Ireland, and for two of the Judges of the Court of Session, so far as relates to Scotland, and for the chief or only Judge of the Supreme Court in any of Her Majesty's Colonies or Possessions abroad, so far as relates to such Colony or Possession, to frame such Rules and Orders as shall be necessary or proper for giving effect to the provisions of this Act, and regulating the procedure under the same. 48 & 49 Vict. c. 74. Short title. Power to Courts to nominate examiner in civil proceedings. Power in ceedings to nominate Judge or magistrate to take deposi 48 & 49 VICT. c. 74. An Act to amend the Law relating to taking Evidence by Com- Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as "The Evidence by Commission Act, 1885." 2. Where in any civil proceeding in any Court of competent jurisdiction an order for the examination of any witness or person has been made, and a commission, mandamus, order, or request for the examination of such witness or person is addressed to any Court, or to any Judge of a Court, in India or the Colonies, or elsewhere in Her Majesty's dominions, beyond the jurisdiction of the Court ordering the examination, it shall be lawful for such Court, or the chief Judge thereof, or such Judge, to nominate some fit person to take such examination, and any deposition or examination taken before an examiner so nominated shall be admissible in evidence to the same extent as if it had been taken by or before such Court or Judge. 3. Where in any criminal proceeding a mandamus or order for the criminal pro- examination of any witness or person is addressed to any Court, or to any Judge of a Court, in India or the Colonies, or elsewhere in Her Majesty's dominions, beyond the jurisdiction of the Court ordering the examination, it shall be lawful for such Court, or the chief Judge thereof, or such Judge, to nominate any Judge of such Court, or any Judge of an inferior Court, or magistrate within the jurisdiction of such first-mentioned Court, to take the examination of such witness or person, and any deposition or examination so taken shall be admissible in evidence to the same extent as if it had been taken by or before the Court or Judge to whom the mandamus or order was addressed. tions. c. 74. 4. The provisions of the Act passed in the twenty-second year of 48 & 49 Vict. Her Majesty, chapter twenty, intituled "An Act to provide for taking evidence in suits and proceedings pending before tribunals in Application Her Majesty's dominions in places out of the jurisdiction of such of 22 Vict. tribunals" (which may be cited as the Evidence by Commission Act, c. 20, as to 1859), as amended by this Act, shall apply to proceedings under this Act. conduct money, &c., c. 20, as to costs. 5. The power to make rules conferred by section six of the Act. Evidence by Commission Act, 1859, shall be deemed to include a Amendment power to make rules with regard to all costs of or incidental to the of 22 Vict. examination of any witness or person, including the remuneration of the examiner, if any, whether the examination be ordered pursuant to that Act or under this or any other Act for the time being in force relating to the examination of witnesses beyond the jurisdiction of the Court ordering the examination. witness. 6. When pursuant to any such commission, mandamus, order, or Oath or request as in this Act referred to any witness or person is to be affirmation of examined in any place beyond the jurisdiction of the Court ordering the examination, such witness or person may be examined on oath, affirmation, or otherwise, according to the law in force in the place where the examination is taken, and any deposition or examination so taken shall be as effectual for all purposes as if the witness or person had been examined on oath before a person duly authorized to administer an oath in the Court ordering the examination. 22 & 23 VICT. c. 63. An Act to afford facilities for the more certain ascertainment Whereas great improvement in the administration of the law would ensue if facilities were afforded for more certainly ascertaining the law administered in one part of Her Majesty's dominions when pleaded in the Courts of another part thereof: Be it therefore enacted, by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as as follows: 22 & 23 Vict. c. 63. part of Her 1. If in any action depending in any Court within Her Majesty's Courts in one dominions, it shall be the opinion of such Court, that it is necessary Majesty's or expedient for the proper disposal of such action to ascertain the dominions law applicable to the facts of the case as administered in any other may remit a part of Her Majesty's dominions on any point on which the law of case for the opinion in law such other part of Her Majesty's dominions is different from that in of a Court in which the Court is situate, it shall be competent to the Court in which any other part thereof. c. 63. 22 & 23 Vict. such action may depend to direct a case to be prepared setting forth the facts, as these may be ascertained by verdict of a jury or other mode competent, or may be agreed upon by the parties, or settled by such person or persons as may have been appointed by the Court for that purpose in the event of the parties not agreeing, and upon such case being approved of by such Court or a Judge thereof, they shall settle the questions of law arising out of the same on which they desire to have the opinion of another Court, and shall pronounce an order remitting the same, together with the case, to the Court in such other part of Her Majesty's dominions, being one of the superior Courts thereof, whose opinion is desired upon the law administered by them as applicable to the facts set forth in such case, and desiring them to pronounce their opinion on the questions submitted to them in the terms of the Act; and it shall be competent to any of the parties to the action to present a petition to the Court whose opinion is to be obtained, praying such last-mentioned Court to hear parties or their counsel, and to pronounce their opinion thereon in terms of this Act, or to pronounce their opinion without hearing parties or counsel; and the Court to which such petition shall be presented shall, if they think fit, appoint an early day for hearing parties or their counsel on such case, and shall thereafter pronounce their opinion upon the questions of law as administered by them which are submitted to them by the Court; and in order to their pronouncing such opinion they shall be entitled to take such further procedure thereupon as to them shall seem proper. Opinion to be authenticated 2. Upon such opinion being pronounced, a copy thereof, certified and certified by an officer of such Court, shall be given to each of the parties to the action by whom the same shall be required, and shall be deemed and held to contain a correct record of such opinion. copy given. Opinion to be applied by the Court making the remit. 3. It shall be competent to any of the parties to the action, after having obtained such certified copy of such opinion, to lodge the same with an officer of the Court in which the action may be depending, who may have the official charge thereof, together with a notice of motion, setting forth that the party will, on a certain day named in such notice, move the Court to apply the opinion contained in such certified сору thereof to the facts set forth in the case herein before specified, and the said Court shall thereupon apply such opinion to such facts, in the same manner as if the same had been pronounced by such Court itself upon a case reserved for opinion of the Court, or upon special verdict of a jury; or the said last-mentioned Court shall, if it think fit, when the said opinion has been obtained before trial, order such opinion to be submitted to the jury with the other facts of the case as evidence, or conclusive evidence as the court may think fit, of the foreign law therein stated, and the said opinion shall be so submitted to the jury. Her Majesty 4. In the event of an appeal to Her Majesty in Council or to the in Council or House of Lords in any such action, it shall be competent to bring under the review of Her Majesty in Council or of the House of Lords the opinion pronounced as aforesaid by any Court whose judgments are reviewable by Her Majesty in Council or by the House of Lords, House of Lords on Appeal may adopt or reject opinion. c. 63. and Her Majesty in Council or that House may respectively adopt or 22 & 23 Vict. reject such opinion of any Court whose judgments are respectively reviewable by them, as the same shall appear to them to be well founded or not in law. tion of terms. 5. In the construction of this Act, the word "action" shall include Interpretaevery judicial proceeding instituted in any Court, civil, criminal, or ecclesiastical; and the words "Superior Courts" shall include, in England, the Superior Courts of Law at Westminster, the Lord Chancellor, the Lords Justices, the Master of the Rolls or any ViceChancellor, the Judge of the Court of Admiralty, the Judge Ordinary of the Court for Divorce and Matrimonial Causes, and the Judge of the Court of Probate; in Scotland, the High Court of Justiciary, and the Court of Session acting by either of its divisions; in Ireland, the Superior Courts of Law at Dublin, the Master of the Rolls, and the Judge of the Admiralty Court; and in any other part of Her Majesty's dominions, the Superior Courts of Law or Equity therein. 28 & 29 VICT. c. 63. An Act to remove Doubts as to the Validity of Colonial Laws. Whereas doubts have been entertained respecting the validity of divers laws enacted or purporting to have been enacted by the legislatures of certain of Her Majesty's Colonies, and respecting the powers of such legislatures, and it is expedient that such doubts should be removed: Be it hereby enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 28 & 29 Vict. c. 63. 1. The term "Colony" shall in this Act include all of Her Majesty's Definitions: possessions abroad in which there shall exist a Legislature, as herein- "Colony:" after defined, except the Channel Islands, the Isle of Man, and such territories as may for the time being be vested in Her Majesty under or by virtue of any Act of Parliament for the government of India: The terms "Legislature" and "Colonial Legislature" shall severally signify the authority, other than the Imperial Parliament or Her Majesty in Council, competent to make laws for any Colony: The term "Representative Legislature" shall signify any Colonial legislature which shall comprise a legislative body, of which one half tive Legislaare elected by inhabitants of the Colony: "Legislature," "Colo nial Legislature :" 66 Representa ture:" The term "Colonial Law" shall include laws made for any Colony "Colonial either by such Legislature as aforesaid or by Her Majesty in law:" Council: liament, &c. An Act of Parliament, or any provision thereof, shall, in construing Act of Parthis Act, be said to extend to any Colony when it is made applicable to extend to to such Colony by the express words or necessary intendment of any Colony when Act of Parliament: made applicable to such Colony: |