Foreign courts. take such affidavit, affirmation or declaration. 56 V., c. 31, s. 27. PART II. APPLICATION. 38. This Part applies to the taking of evidence relating to proceedings in courts out of Canada. Definitions. Construction. INTERPRETATION. 39. In this Part, unless the context otherwise requires,- (b) 'judge' means and includes any judge of the Supreme (c) cause' includes a proceeding against a criminal; 40. This Part shall not be so construed as to interfere with the right of legislation of the legislature of any province requisite or desirable for the carrying out of the objects hereof. R.S., c. 140, s. 8. Order for of witness in Canada in relation to foreign suit, etc. PROCEDURE. 41. Whenever, upon an application for that purpose, it is examination made to appear to any court or judge, that any court or tribunal of competent jurisdiction, in any other of His Majesty's dominions, or in any foreign country, before which any civil, commercial or criminal matter is pending, is desirous of obtaining the testimony in relation to such matter, of any party or witness within the jurisdiction of such first mentioned court, or of the court to which such judge belongs, or of such judge, such court or judge may, in its or his discretion, order the examination upon oath upon interrogatories, or otherwise, 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. money. 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. oath. 44. Upon any examination of parties or witnesses, under Who shall the authority of any order made in pursuance of this Part, administer 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. answer or 45. Any person examined under any order made under this Right of Part shall have the like right to refuse to answer questions refusal to tending to criminate himself, or other questions, as a party or produce witness, as the case may be, would have in any cause pending in the court by which, or by a judge whereof, such order is made. document. 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, s. 5. 46. The court may frame rules and orders in relation to Court may procedure, to the evidence to be produced in support of the make rules application for an order for examination of parties and witnesses under this Part, and generally for carrying this Part into effect. sufficient 2. In the absence of any order in relation to such evidence, Letters letters rogatory from any court of justice in any other of the rogatory dominions of His Majesty, or from any foreign tribunal, in evidence, 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. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. CHAPTER 146. An Act respecting the Criminal Law. SHORT TITLE. 1. This Act may be cited as the Criminal Code. 55-56 V., Short title. c. 29, s. 1. INTERPRETATION. Definitions. Act.' 2. In this Act, unless the context otherwise requires,— to the Northwest Territories and the Yukon Territory, the (3) banker' includes any director of any incorporated bank Banker.' or banking company; (4) 'bank-note' includes all negotiable instruments issued 'Bank note.” by or on behalf of any person, body corporate, or company carrying on the business of banking in any part of the world, or issued by the authority of the Parliament of Canada, or any governor or other authority lawfully authorized thereto in any of His Majesty's dominions, or by the authority of any foreign prince, or state or government, and intended to be used as equivalent to money, either immediately upon their issue or at some time subsequent thereto, and all bank bills and bank post bills; (5) cattle' includes any horse, mule, ass, swine, sheep or 'Cattle.' goat, as well as any neat cattle or animal of the bovine species, and by whatever technical or familiar name known, and shall apply to one animal as well as to many; constable.' (6) chief constable' includes the chief of police, city Chief 152 the 'Court of Appeal.' 'Copper coin.' 'Deputy chief con stable.' 'District, county or place.' 'Document of title to goods.' 'Document of title to lands.' the district, and means any constable of a municipality, district or place which has no chief constable or deputy chief constable; (7) 'court of appeal' includes, (a) in the province of Ontario, the Court of Appeal for Ontario, (b) in the province of Quebec, the Court of King's Bench, appeal side, (c) in the provinces of Nova Scotia, New Brunswick and British Columbia, the Supreme Court in banc, (d) in the province of Prince Edward Island, the Su- (e) in the province of Manitoba, the Court of Appeal, (g) in the Yukon Territory, the Supreme Court of (8) copper coin' includes any coin of bronze or mixed metal and every other kind of coin other than gold or silver; (9) deputy chief constable' includes deputy chief of police, deputy or assistant marshal or other deputy head of the police force of any city, town, incorporated village, or other municipality, district or place, and, in the province of Quebec, the deputy high constable of the district; (10) district, county or place,' includes any division of any province of Canada for purposes relative to the administration of justice in the matter to which the context relates; (11) document of title to goods' includes any bill of lading, India warrant, dock warrant, warehouse-keeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought and sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods, authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to; (12) document of title to lands' includes any deed, map, paper or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real property, or to any interest in any real property, or any notarial or registrar's copy thereof, or any duplicate instrument, memorial, certificate or document authorized or required by any law in force in any part of Canada respecting registration of titles, and relating to such title; |