LEAVE. FIRST READING. (Hansard, 22 February 1859)

§ MR. YOUNG
said, he rose to move for leave to introduce a Bill to provide for taking evidence in suits and proceedings pending before tribunals in Her Majesty's dominions in places out of the jurisdiction of such tribunals. It was well known that when evidence was required in Great Britain in suits pending in the Colonies, the form of getting it was by a Commission issued by the superior Courts of those Colonies to some persons residing in Great Britain; witnesses then appeared before the Commissioners, and the evidence was sent to the Colonies. That was all very well when everything went smoothly and the witness appeared; but the evil that required to be remedied was that the witness might appear or refuse to appear at his option, without assigning any reason. Last year a Bill had been passed making it compulsory upon British subjects to appear as witnesses before Commissions issued by foreign Courts; but by some mistake Commission's issued by colonial Courts were omitted in the Bill. The object of this measure was to remedy that defect, by making it obligatory upon witnesses to appear upon the payment of their expenses.

THE SOLICITOR GENERAL
said, no doubt the object the hon. Member had in view was an extremely desirable one if it could be attained; and so far as our Colonies were concerned, he apprehended that the end which the hon. and learned Gentleman had in view might be arrived at. But with respect to foreign countries, it was impossible that any Bill passed in this House should enforce the attendance of persons not subjects of Her Majesty as witnesses. He had no objection, however, to the introduction of the Bill.

§ MR. AYRTON
said, the hon. and learned Gentleman had somewhat misunderstood the scope of the Bill. The colonial Courts often sent Commissions to this country to examine witnesses, but they had no power to enforce their attendance, so that a good deal of expense was often wasted. The Bill proposed, therefore, to give power to Commissions sent from colonial Courts to examine witnesses in this country.

§ MR. WALPOLE
said, there was no objection to the introduction of the Bill, but the Government must see the machinery of the Bill before they could express an opinion.