Evidence by Commission Act 1885
Encyclopedia
The Evidence by Commission Act 1885 (48 & 49 Vict. c. 74) was an Act
of the Parliament
of the United Kingdom
. It became law on 14 August 1885.
It provided that when a court issued a commission for the examination of a witness outside its jurisdiction, the judge or court it was addressed to could appoint a fit person (in a civil case) or, in a criminal case, a judge or magistrate of that court or an inferior court, to take the examination of the witness. The Evidence by Commission Act 1859 was amended to apply to proceedings under this act, granting the power to make rules for the remuneration of the examiner and any costs incurred. It also stipulated that the witness could be examined under oath, affirmation, or by any other appropriate means provided by the law of the place where they were examined.
It applied throughout India and the Colonies, and elsewhere in the Dominions; in effect, throughout the British Empire
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It became law on 14 August 1885.
It provided that when a court issued a commission for the examination of a witness outside its jurisdiction, the judge or court it was addressed to could appoint a fit person (in a civil case) or, in a criminal case, a judge or magistrate of that court or an inferior court, to take the examination of the witness. The Evidence by Commission Act 1859 was amended to apply to proceedings under this act, granting the power to make rules for the remuneration of the examiner and any costs incurred. It also stipulated that the witness could be examined under oath, affirmation, or by any other appropriate means provided by the law of the place where they were examined.
It applied throughout India and the Colonies, and elsewhere in the Dominions; in effect, throughout the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
.