Western Samoa High Court Criminal Procedure Rules




May 21.] THE NEW ZEALAND GAZETTE. 1651

(3.) If any witness who under this clause is competent but not
compellable gives evidence on any such trial, he shall be liable to cross-
examination in the same manner as if he was a compellable witness
whether the matter on which he is so cross-examined arises out of his
examination in chief or not.

  1. In any proceeding the Court may limit in any manner and
    to any extent which it thinks fit the cross-examination of any witness
    as to credit, and shall refuse to permit any such cross-examination
    which is needlessly offensive or injurious to the witness, having regard
    to the nature or gravity of the imputations made against him, to the
    importance of his evidence, and to the effect of such imputation upon
    his credibility.

  2. Nothing in this Part of this Order shall take away or affect
    the privilege of any witness to refuse to answer any question which
    may tend to criminate him.

  3. (1.) On application made in that behalf by any person who
    states on oath that any prisoner can give material evidence in any
    proceeding in any Court, a Judge of the High Court may, by order
    under his hand, require such prisoner to be brought up for examination
    as a witness in that proceeding.

(2.) In every such case the Judge may, before making such order,
require the applicant to deposit a sum sufficient to pay the expense of
bringing up the prisoner, maintaining him while out of prison, and
returning him thither, including the expense of his custody in the
meantime.

  1. In every proceeding the Court shall take judicial notice of
    all Acts, Ordinances, Orders in Council, regulations, Proclamations,
    and laws in force in Samoa.

  2. In every proceeding the Court shall take judicial notice of
    the Seal of Samoa and of the seal of any Court, officer, or other person
    authorized or required by law to use any such seal, and of the signature
    of any Judge or other officer, whether judicial or not, of the Samoan
    Public Service, and of the Public Seal of New Zealand, and of the
    signature of the Governor-General or of any member of the Executive
    Council of New Zealand, or of the Attorney-General or Solicitor-General
    for New Zealand, and of the signature of any Judge of the Supreme
    Court of New Zealand, and of the seal of that Court or of any Registrar
    thereof.

  3. All Courts are hereby empowered to administer an oath to
    all such witnesses as are lawfully called or voluntarily come before
    them, or to take the affirmation of any such witness in lieu of such
    oath.

  4. Every oath, whether in a judicial proceeding or not, may
    be made in such form as the person making the same consents to,
    whether expressly or impliedly.

  5. Except when the person making the oath so consents to
    any other form of oath, an oath shall, whether in a judicial or other
    proceeding, be made in one of the two forms following :—

(a.) The person making the oath may, while holding in his hand
a copy of the Bible, New Testament, or Old Testament,
repeat the words of the oath as prescribed or allowed by
law ; or

(b.) The officer administering the oath may repeat the appropriate
form of adjuration commencing with the words “Do you
swear by Almighty God,” or words to the like effect, and
concluding with the words of the oath as prescribed or
allowed by law, and the person making the oath shall there-
upon, while holding in his hand a copy of the Bible, Old
Testament, or New Testament, indicate his assent to the
oath so administered by uttering the words “I do,” or
other words to the like effect.

  1. Where an oath has been duly made the fact that the person
    making the same had at the time of making the same no religious belief
    shall not for any purpose affect the validity of the oath.

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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1920, No 51


NZLII PDF NZ Gazette 1920, No 51





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⚖️ Western Samoa High Court Criminal Procedure Rules (continued from previous page)

⚖️ Justice & Law Enforcement
Western Samoa, Criminal Procedure, High Court, Trials, Evidence, Witnesses, Oaths