APPENDIX III. Page 692.

19 & 20 VICTORIA, Cap. 113.

An Act to provide for taking Evidence in Her Majesty's Dominions in relation to Civil and Commercial Matters pending before Foreign Tribunals.

WHEREAS it is expedient that facilities be afforded for taking evidence in Her Majesty's dominions in relation to civil and commercial matters pending before foreign tribunals: 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:

I. Where, upon an application for this purpose, it is made to appear to any court or judge having authority under this act that any court or tribunal of competent jurisdiction in a foreign country, before which any civil or commercial matter is pending, is desirous of obtaining the testimony in relation to such matter of any witness or witnesses within the jurisdiction of such first-mentioned court, or of the court to which such judge belongs, or of such judge, it shall be lawful for such court or judge to order the examination upon oath, upon interrogatories or otherwise, before any person or persons named in such order, 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 in like manner as an order made by such court or judge in a cause depending in such court or before such judge.

II. A certificate under the hand of the ambassador, minister, or other diplomatic agent of any foreign power, received as such by Her Majesty, or in case there be no such diplomatic agent, then of the consul general or consul of any such foreign power at London, received and admitted as such by Her Majesty, that any matter in relation to which an application is made under this act is a civil

or commercial matter pending before a court or tribunal in the country of which he is the diplomatic agent or consul, having jurisdiction in the matter so pending, and that such court or tribunal is desirous of obtaining the testimony of the witness or witnesses to whom the application relates, shall be evidence of the matters so certified; but where no such certificate is produced other evidence to that effect shall be admissible.

III. It shall be lawful for every person authorised to take the examination of witnesses by any order made in pursuance of this act to take all such examinations upon the oath of the witnesses, or affirmation in cases where affirmation is allowed by law instead of oath to be administered by the person so authorised; and if upon such oath or affirmation any person making the same wilfully and corruptly give any false evidence, every person so offending shall be deemed and taken to be guilty of perjury.

IV. Provided always, That every person whose attendance shall be so required shall be entitled to the like conduct money and payment for expenses and loss of time as upon attendance at a trial.

V. Provided also, That every person examined under any order made under this act shall have the like right to refuse to answer questions tending to criminate himself, and other questions, which a witness in any cause pending in the court by which or by a judge whereof or before the judge by whom the order for examition was made would be entitled to; and that no person shall be compelled to produce under any such order as aforesaid any writing or other document that he would not be compellable to produce at a trial of such a cause.

VI. Her Majesty's superior courts of common law at Westminster and in Dublin respectively, the court of session in Scotland, and any supreme court in any of Her Majesty's colonies or possessions abroad, and any judge of any such court, and every judge in any such colony or possession who by any Order of Her Majesty in Council may be appointed for this purpose, shall respectively be courts and judges having authority under this Act: Provided, that the Lord Chancellor, with the assistance of two of the judges of the courts of common law at Westminster, shall 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.

APPENDIX IV. Page 701.

21 & 22 VICTORIA, Cap. 93. (c)

An Act to enable persons to establish Legitimacy and the Validity of Marriages, and the Right to be deemed Natural-born Subjects. WHEREAS it is expedient, to enable persons to establish their legitimacy and the marriage of their parents and others from whom they may be descended, and also to enable persons to establish their right to be deemed natural-born subjects: 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 follows:

I. Any natural-born subject of the Queen, or any person whose right to be deemed a natural-born subject depends wholly or in part on his legitimacy or on the validity of a marriage, being domiciled in England or Ireland, or claiming any real or personal estate situate in England, may apply by petition to the court for divorce and matrimonial causes, praying the court for a decree declaring that the petitioner is the legitimate child of his parents, and that the marriage of his father and mother, or of his grandfather and grandmother, was a valid marriage, or for a decree declaring either of the matters aforesaid; and any such subject or person, being so domiciled or claiming as aforesaid, may in like manner apply to such court for a decree declaring that his marriage was or is a valid marriage, and such court shall have jurisdiction to hear and determine such application and to make such decree declaratory of the legitimacy or illegitimacy of such person, or of the validity or invalidity of such marriage, as to the court may seem just; and such decree, except as hereinafter-mentioned, shall be binding to all intents and purposes on Her Majesty and on all persons whomsoever.

II. Any person, being so domiciled or claiming as aforesaid, may apply by petition to the said court for a decree declaratory of his right to be deemed a natural-born subject of Her Majesty, and the said court shall have jurisdiction to hear and determine such application, and to make such decree thereon as to the court may seem just, and where such application as last aforesaid is made by the person making such application as herein mentioned for a decree

(c) The corresponding act for Ireland is 22 & 23 Vict. c. 61.

declaring his legitimacy or the validity of a marriage, both applications may be included in the same petition; and every decree made by the said court shall, except as hereinafter-mentioned, be valid and binding to all intents and purposes upon Her Majesty and all persons whomsoever.

III. Every petition under this act shall be accompanied by such affidavit verifying the same, and of the absence of collusion, as the court may by any general rule direct.

IV. All the provisions of the act of the last session, chapter 85, so far as the same may be applicable, and the po vers and provisions therein contained in relation to the making and laying before Parliament of rules and regulations concerning the practice and procedure under that act, and fixing the fees payable up on proceedings before the court, shall extend to applications and proceedings in the said court under this act as if the same had been authorised by the said act of the last session.

V. In all proceedings under this act the court shall have full power to award and enforce payment of costs to any persons cited, whether such persons shall or shall not oppose the declaration applied for, in case the said court shall deem it reasonable that such costs shall be paid.

VI. A copy of every petition under this act, and of the affidavit accompanying the same, shall, one month at least previously to the presentation or filing of such petition, be delivered to Her Majesty's Attorney-General, who shall be a respondent upon the hearing of such petition and upon every subsequent proceeding relating thereto.

VII. When any application is made under this act to the said court, such person or persons (if any), besides the said AttorneyGeneral, as the court shall think fit shall, subject to the rules made under this act, be cited to see proceedings, or otherwise summoned in such manner as the court shall direct, and may be permitted to become parties to the proceedings and oppose the application.

VIII. The decree of the said court shall not in any case prejudice any person, unless such person has been cited or made a party to the proceedings, or is the heir-at-law or next of kin, or other real or personal representative of or derives title under or through a person so cited or made a party; nor shall such sentence or decree of the court prejudice any person if subsequently proved to have been obtained by fraud or collusion.

IX. Any person domiciled in Scotland, or claiming any heritable or moveable property situate in Scotland, may raise and insist in an action of declarator before the court of session, for the purpose of having it found and declared that he is entitled to be deemed a natural-born subject of Her Majesty; and the said court shall have jurisdiction to hear and determine such action of declarator in the same manner and to the same effect, and with the same power to

award expenses as they have in declarator of legitimacy and declarator of bastardy.

X. No proceeding to be had under this act shall affect any final judgment or decree already pronounced or made by any court of competent jurisdiction.

XI. The said act of the last session and this act shall be construed together as one act, and this act may be cited for all purposes as "The Legitimacy Declaration Act, 1858."