Orange Free State Ordinance No. 1 The Naturalization of The whole. of 1903 nance, 1904 Ordinance No. 7 The Naturalization of The whole. of 1905 PROCLAMATION of the High Commissioner for South Africa promulgating Rules of Court for obtaining Evidence for Foreign Tribunals as regards the Territory of Basutoland.-Johannesburg, January 16, 1911. [No. 5.] WHEREAS the Acts of Parliament of the United Kingdom of Great Britain and Ireland known as "The Foreign Tribunals (Evidence) Act, 1856" (19 and 20 Vict., c. 113),§ and "The Extradition Act, 1870" (33 and 34 Vict., c. 52),|| are in force in the Territory of Basutoland as part of His Majesty's dominions; And whereas by an Order in Council dated the 2nd day of August, 1910, it was (amongst other things) ordered that the Resident Commissioner of Basutoland as Judge of the Court of the Resident Commissioner in Basutoland should be a Judge having authority under the said "Foreign Tribunals (Evidence) Act, 1856"; And whereas it is expedient that Rules of Court for giving effect to the provisions of the said "Foreign Tribunals (Evidence) Act, 1856," and regulating the procedure under the same as well as under section 24 of the said "Extradition Act, 1870," should be framed and put in force; Now therefore, under and by virtue of the powers in me vested, I do hereby proclaim, declare, and make known as follows: -- 1. The Rules of Court set forth in the Schedule to this Proclamation shall be applicable in all proceedings in the Court of the Resident Commissioner in Basutoland under the said " Foreign *Vol. XCV, page 821. [1910-11. civ.] + Vol. XCVI, page 609. Vol. LX, page 145. Tribunals (Evidence) Act, 1856," or under section 24 of the said "Extradition Act, 1870," provided always that the Resident Commissioner as Judge of the Court of the Resident Commissioner in Basutoland may from time to time, with the approval of the High Commissioner, alter, add to, or rescind any of such rules. 2. This Proclamation shall have force and take effect from the date of its publication in the "Gazette." God Save the King. Given under my hand and seal at Johannesburg this 16th day of January, 1911. GLADSTONE, High Commissioner. By command of his Excellency the High Commissioner, C. H. RODWELL, Imperial Secretary. SCHEDULE. Rules of Court for obtaining Evidence for Foreign Tribunals (19 & 20 Vict., c. 113; 33 & 34 Vict., c. 52). 1. In these Rules "the Judge" shall mean the Resident Commissioner as Judge of the Court of the Resident Commissioner in Basutoland, and "the Registrar" shall mean the Government Secretary as Registrar of the Court of the Resident Commissioner. 2. Where under "The Foreign Tribunals (Evidence) Act, 1856," or "The Extradition Act, 1870," section 24, any civil or commercial matter, or any criminal matter, is pending before a Court or Tribunal of a foreign country, and it is made to appear to the Judge, by Commission Rogatoire or Letter of Request, or other evidence as hereinafter provided, that such Court or Tribunal is desirous of obtaining the testimony in relation to such matter of any witness or witnesses within the jurisdiction of the Court of the Resident Commissioner, the Judge may, on the ex parte application of any person shown to be duly authorized to make the application on behalf of such foreign Court or Tribunal, and on production of the Commission Rogatoire or Letter of Request, or of a certificate signed in the manner, and certifying to the effect mentioned in section 2 of "The Foreign Tribunals (Evidence) Act, 1856," or such other evidence as the Judge may require, make such order or orders as may be necessary to give effect to the intention of the Acts above mentioned in conformity with section 1 of the said "Foreign Tribunals (Evidence) Act, 1856." 3. An order made under the last precedi Form numbered 1 in the Appendix to the variations as circumstances may require. 4. The examination may be ordered to in fit and proper person nominated by the person applying or before the Judge. 5. Unless otherwise provided in the order for examination, the examiner before whom the examination is taken shall, on its completion, forward the same to the Registrar, and on receipt thereof the Registrar shall append thereto a certificate in Form numbered 2 in the Appendix to these Rules, with such variations as circumstances may require, duly sealed with the seal of the Court of the Resident Commissioner for use out of the jurisdiction of such Court, and shall forward the depositions so certified and the Commission Rogatoire or Letter of Request, if any, to the High Commissioner for transmission through His Majesty's Secretary of State for Foreign Affairs to the foreign Court or Tribunal requiring the same. 6. An order made under Rule 2 may, if the Judge shall think fit, direct the said examination to be taken in such manner as may be requested by the Commission Rogatoire or Letter of Request from the foreign Court, or therein signified to be in accordance with the practice or requirements of such Court or Tribunal, or which may, for the same reason, be requested by the applicant for such order. But in the absence of any such special directions being given in the order for examination the same shall be taken in the manner in which evidence is ordinarily taken on commission de bene esse. 7. Where a Commission Rogatoire or Letter of Request, as mentioned in Rule 2, is transmitted to the Court of the Resident Commissioner by His Majesty's Secretary of State for Foreign Affairs through the High Commissioner, with an intimation that it is desirable that effect should be given to the same without requiring an application to be made to the Judge by the agents in Basutoland of any of the parties to the action or matter in the foreign country, the Registrar shall make such applications and take such steps as may be necessary to give effect to such Commission Rogatoire or Letter of Request, in accordance with. Rules 1 to 6 above. APPENDIX. NOTICE of the High Commissioner for South Africa promulgating Rules of Court for obtaining Evidence for Foreign Tribunals as regards the Bechuanaland Protectorate.-January 18, 1911. [No. 8.] It is hereby notified for general information that his Excellency the High Commissioner has been pleased to approve of the Rules of Court hereto appended, made by his Honour the Resident Commissioner for the Bechuanaland Protectorate, by virtue of section 2 of the High Commissioner's Proclamation, No. 2 of 1896, for regulating the practice of procedure of the Court of the Resident Commissioner for the Bechuanaland Protectorate in all proceedings under "The Foreign Tribunals (Evidence) Act, 1856," " and "The Evidence by Commission Act, 1859,"† as in force in the Bechuanaland Protectorate by virtue of "The South African Protectorates (Extension of Imperial Acts) Order in Council, 1910." By command of his Excellency the High Commissioner. C. H. RODWELL, Imperial Secretary. Rules of the Court of the Resident Commissioner for the Bechuanaland Protectorate in Proceedings under "The Foreign Tribunals (Evidence) Act, 1856," and "The Evidence by Commission Act, 1859." 1. Where under "The Foreign Tribunals (Evidence) Act, 1856," any civil or commercial matter or any criminal matter is pending before a Court or Tribunal of a foreign country, and it is made to appear to the Court of the Resident Commissioner (hereinafter referred to as "the Court"), by Commission Rogatoire or Letter of Request, or other evidence as hereinafter provided, that such Court or Tribunal is desirous of obtaining the testimony in relation to such matter of any witness or witnesses within the jurisdiction of the Court, the Court may, on the ex parte application of any person shown to be duly authorized to make the application on behalf of such foreign Court or Tribunal, and on production of the Commission Rogatoire or Letter of Request, or of a certificate signed in the manner, and certifying to the effect, mentioned in section 2 of "The Foreign Tribunals (Evidence) Act, 1856," or such other evidence as the Court may require, make such order or orders as may be necessary to give effect to the intention of the Act above mentioned, in conformity with section 1 of the said "Foreign Tribunals (Evidence) Act, 1856." 2. An order made under the last preceding rule shall be in the form of Schedule I to these rules, with such variations as circumstances may require. 3. The examination may be ordered to be taken before any fit and proper person nominated by the person applying or before such other qualified person as to the Court may seem fit. 4. Unless otherwise provided in the order for examination, the examiner before whom the examination is taken shall, on its * Vol. XLVI, page 559. + See "Hertslet's Commercial Treaties," Vol. XI, page 236. completion, forward the same to the Registrar of the Court, and on receipt thereof the Registrar shall append thereto a certificate in the Form in Schedule II to these rules, with such variations as circumstances may require, duly sealed with the seal of the Court for use out of the jurisdiction of the Court, and shall forward the depositions so certified, and the Commission Rogatoire or Letter of Request, if any, to the High Commissioner for transmission through His Majesty's Secretary of State for Foreign Affairs, to the foreign Court or Tribunal requiring the same. 5. An order made under Rule 1 hereof may, if the Court shall think fit, direct the said examination to be taken in such manner as may be requested by the Commission Rogatoire or Letter of Request from the foreign Court, or therein signified to be in accordance with the practice or requirements of such Court or Tribunal, or which may, for the same reason, be requested by the applicant for such order. But, in the absence of any such special directions being given in the order for examination, the same shall be taken in the manner in which evidence is ordinarily taken on commission de bene esse. 6. The above rules shall apply, as far as may be, to application under "The Evidence by Commission Act, 1859," for the purpose of giving effect to any Commission or Letter of Request from any British Tribunal out of the jurisdiction of the Court, except that in such cases the depositions certified as above provided, and Letter of Request, if any, shall be forwarded by the Registrar to the High Commissioner for transmission to His Majesty's Secretary of State for the Colonies, or, in the case of a Letter of Request from a Judge of an Indian Court, to His Majesty's Secretary of State for India. 7. Where a Commission Rogatoire or Letter of Request, as mentioned in Rule 1 hereof, is transmitted to the Court by His Majesty's Secretary of State for Foreign Affairs through the High Commissioner, with an intimation that it is desirable that effect should be given to the same without requiring an application to be made to the Court by the agents in the Bechuanaland Protectorate of any of the parties to the action or matter in the foreign country, the Registrar shall make such applications and take such steps as may be necessary to give effect to such Commission Rogatoire or Letter of Request, in accordance with the Rules 1 to 5 hereof. SCHEDULES. [Forms not printed.] Amended by Notice of June 1, 1911, page 568, |