DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0120
Power of commis-
sioners to administer
no ACT VII. [A.D. 1841.
shall be deemed a contempt of court and punishable as in other cases of
refusing or neglecting to give testimony. Provided always, that every
person whose attendance shail be required under this Act shall be entitled
to the like payment for expenses and loss of time as upon attendance in
court in cases where such expenses are now allowed.
IV. And it is hereby enacted, that it shall be lawful for every court or
person authorized to take the examination of witnesses by any order or
commission issued in pursuance of this Act, and they are hereby authorized
and required to take all such examinations upon oath or afHrmation where
an affirmation is admissible or required upon a trial; and if upon such oath
or affirmation any person making the same shall wilfully and corruptly give
any false evidence, every person so offending shall be deemed and taken
to be guilty of perjury; and every person causing or procuring another
person to commit the offence of perjury hereby defined shall be guilty of
subornation of peijnry.
V. And it is hereby enacted, that, before any order or commission for
the examination of any witness under this Act shall be issued, the court
or judge issuing the same shall be satisfied that there is good reason for
believing that the witness will be unable to attend at the usual time for
examination by reason of absence from the jurisdiction, sickness, or other
cause allowed by law. And before granting any such commission, the court
granting the same shall make particular inquiry as to the present residence
of the witness whose deposition is to be taken under such commission,
and as to the court of the same degree as the court granting such com-
mission, or of inferior degree to such court, which mav be nearest to the
place of residence of the witness ; and the commission shall ordinarily be
directed to such court of equal or inferior degree as may most conveniently
execute the same. Provided, however, that if there be doubt as to which
is the most convenient court of equal or inferior jurisdiction, such commis-
sion may be directed to the judge having jurisdiction within the district
within which the commission is to be executed. And the judge shall at his
discretion execute the commission in his own court, or direct it to any
subordinate court within his district, which shall have the same effect for ,
all the purposes of this Act as if the commission had in the first instance
been directed to such subordinate court. And no deposition taken under
this Act, except as hereinafter mentioned, shall be read in evidence
without the consent of the party against whom the same may be offered,
unless it be proved that the deponent is beyond the jurisdiction of the
court, or dead, or unable from sickness or infirmity to attend to be per-
sonally examined, or distant without collusion more than fifty coss from
the place where the court is held, or exempted by law absolutely, or at
the discretion of the court, from personal appearance in court, or unless
the court shall at its discretion dispense with the proof of any of the
above circumstances, or shall authorize the deposition of any witness being
read in evidence notwithstanding proof that the causes for taking such
deposition have ceased at the time of reading the same ; and after the
witness shall be produced, and shall have delivered his testimony, it shall
be lawful for the court at its discretion to authorize the reading of the
deposition. And all depositions taken under this Act, being duly certi-
sioners to administer
no ACT VII. [A.D. 1841.
shall be deemed a contempt of court and punishable as in other cases of
refusing or neglecting to give testimony. Provided always, that every
person whose attendance shail be required under this Act shall be entitled
to the like payment for expenses and loss of time as upon attendance in
court in cases where such expenses are now allowed.
IV. And it is hereby enacted, that it shall be lawful for every court or
person authorized to take the examination of witnesses by any order or
commission issued in pursuance of this Act, and they are hereby authorized
and required to take all such examinations upon oath or afHrmation where
an affirmation is admissible or required upon a trial; and if upon such oath
or affirmation any person making the same shall wilfully and corruptly give
any false evidence, every person so offending shall be deemed and taken
to be guilty of perjury; and every person causing or procuring another
person to commit the offence of perjury hereby defined shall be guilty of
subornation of peijnry.
V. And it is hereby enacted, that, before any order or commission for
the examination of any witness under this Act shall be issued, the court
or judge issuing the same shall be satisfied that there is good reason for
believing that the witness will be unable to attend at the usual time for
examination by reason of absence from the jurisdiction, sickness, or other
cause allowed by law. And before granting any such commission, the court
granting the same shall make particular inquiry as to the present residence
of the witness whose deposition is to be taken under such commission,
and as to the court of the same degree as the court granting such com-
mission, or of inferior degree to such court, which mav be nearest to the
place of residence of the witness ; and the commission shall ordinarily be
directed to such court of equal or inferior degree as may most conveniently
execute the same. Provided, however, that if there be doubt as to which
is the most convenient court of equal or inferior jurisdiction, such commis-
sion may be directed to the judge having jurisdiction within the district
within which the commission is to be executed. And the judge shall at his
discretion execute the commission in his own court, or direct it to any
subordinate court within his district, which shall have the same effect for ,
all the purposes of this Act as if the commission had in the first instance
been directed to such subordinate court. And no deposition taken under
this Act, except as hereinafter mentioned, shall be read in evidence
without the consent of the party against whom the same may be offered,
unless it be proved that the deponent is beyond the jurisdiction of the
court, or dead, or unable from sickness or infirmity to attend to be per-
sonally examined, or distant without collusion more than fifty coss from
the place where the court is held, or exempted by law absolutely, or at
the discretion of the court, from personal appearance in court, or unless
the court shall at its discretion dispense with the proof of any of the
above circumstances, or shall authorize the deposition of any witness being
read in evidence notwithstanding proof that the causes for taking such
deposition have ceased at the time of reading the same ; and after the
witness shall be produced, and shall have delivered his testimony, it shall
be lawful for the court at its discretion to authorize the reading of the
deposition. And all depositions taken under this Act, being duly certi-