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before any person or persons named in such order, of such party or witness accordingly, and by the same or any subsequent order may command the attendance of such party or witness for the purpose of being examined, and for the production of any writings or other documents mentioned in such order, and of any other writings or documents relating to the matter in question that are in the possession or power of such party or witness. R.S. c. 140, s. 2.

order.

42. Upon the service upon such party or witness of such Enforceorder, and of an appointment of a time and place for the ment of such examination of such party or witness signed by the person named in such order for taking the same, or, if more than one person is named, then by one of the persons named, and upon payment or tender of the like conduct money as is properly payable upon attendance at a trial, such order may be enforced in like manner as an order made by such court or judge in a cause depending in such court or before such judge. R.S., c. 140, s. 3.

43. Every person whose attendance is required in manner Expenses aforesaid shall be entitled to the like conduct money and and conduct payment for expenses and loss of time as upon attendance at a trial. R.S., c. 140, s. 4.

money.

44. Upon any examination of parties or witnesses, under Who shall the authority of any order made in pursuance of this Part, oath. the oath shall be administered by the person authorized to take the examination, or, if more than one, then by one of such persons. R.S., c. 140, s. 6.

refusal to

45. Any person examined under any order made under this Right of Part shall have the like right to refuse to answer questions answer or tending to criminate himself, or other questions, as a party or produce witness, as the case may be, would have in any cause pending document. in the court by which, or by a judge whereof, such order is

made.

2. No person shall be compelled to produce, under any such Same as order, any writing or other document that he could not be upon trial compelled to produce at a trial of such a cause. R.S., c. 140,

of cause.

Court may

46. The court may frame rules and orders in relation to make rules. procedure, to the evidence to be produced in support of the application for an order for examination of parties and witnesses under this Part, and generally for carrying this Part into effect.

Letters rogatory sufficient evidence.

2. In the absence of any order in relation to such evidence, letters rogatory from any court of justice in any other of the dominions of His Majesty, or from any foreign tribunal, in which such civil, commercial or criminal matter is pending, shall be deemed and taken to be sufficient evidence in support of such application. R.S., c. 140, s. 7.

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