Evidence on Commission Act, 1831
EVIDENCE ON COMMISSION ACT 1831 | ||
C A P. XXIL. | ||
An Act to enable Courts of Law to order the Examination of Witnesses upon Interrogatories and otherwise. [30th March 1831.] | ||
13 G. 3. c. 63. | ||
Powers of the recited Act, as to the Examination of Witnesses in India, extended to the Colonies, &c. and to all Actions in the Courts at Westminster. | ||
‘Whereas great Difficulties and Delays are often experienced, and sometimes a Failure of Justice takes place, in Actions depending in Courts of Law, by reason of the Want of a competent Power and Authority in the said Courts to order and enforce the Examination of Witnesses, when the same may be required, before the Trial of a Cause: And whereas by an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the Third, intituled An Act for the establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe, certain Powers are given and Provisions made for the Examination of Witnesses in India in the Cases therein mentioned; and it is expedient to extend such Powers and Provisions;’ Be it therefore enacted by the King’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, That all and every the Powers, Authorities, Provisions, and Matters contained in the said recited Act, relating to the Examination of Witnesses in India, shall be and the same are hereby extended to all Colonies, Islands, Plantations, and Places under the Dominion of His Majesty in Foreign Parts, and to the Judges of the several Courts therein, and to all Actions depending in any of His Majesty’s Courts of Law at Westminster, in what Place or Country soever the Cause of Action may have arisen, and whether the same may have arisen within the Jurisdiction of the Court to the Judges whereof the Writ or Commission may be directed, or elsewhere, when it shall appear that the Examination of Witnesses under a Writ or Commission issued in pursuance of the Authority hereby given will be necessary or conducive to the due Administration of Justice in the Matter wherein such Writ shall be applied for. |