592
THE NEW ZEALAND GAZETTE.
[No. 16

(c) Service shall be effected by the competent authority
of the country in which service is to be effected, who shall
serve the document in the manner prescribed by the municipal
law of such country for the service of similar documents, or,
should a wish to that effect be expressed in the request, in a
special form which is not incompatible with such law. If the
authority to whom a document has been transmitted is not
competent to deal with it, such authority will of its own
motion transmit the document to the competent authority
of his own country.

(d) The execution of the request for service can only be
refused if the High Contracting Party in whose territory it is
to be effected considers it such as to compromise his sovereignty
or safety.

(e) The authority who receives the request shall send to the
consular officer the documents proving the service or explain-
ing the reason which has prevented such service. Proof of
service shall be furnished by a certificate from the authority
of the country in which service is to be effected, setting forth
the fact, the manner, and the date of such service. The
document to be served, and the translation, if any, shall be
forwarded in duplicate, and the certificate shall appear on
one of the copies, or be attached to it.

Article 4.

No fees of any description shall be payable by one High
Contracting Party to the other in respect of the service.
Nevertheless, in the cases provided for in Article 3, the
High Contracting Party from whose territory the documents
emanate must pay to the High Contracting Party in whose
territory they are served any charges and expenses which
are payable under the local law to the persons employed to
effect service, and any charges and expenses incurred in
effecting service in a special manner. These charges and
expenses shall be calculated in accordance with the tariff in
force for nationals in the country in which service is effected
so far as the same is applicable. Repayment of these charges
and expenses shall be claimed by the authority of the country
in which service is effected from the consular officer making
the request when transmitting the certificate provided for
in Article 3 (e).

Article 5.

The document to be served may also be served on the
recipient, if he is a subject or citizen of the High Contracting
Party from whose territory the documents emanate, without
the application of any compulsion and without the interven-
tion of the authorities of the High Contracting Party in
whose territory service is to be effected, by the diplomatic
or consular officers of the High Contracting Party from whose
territory the documents emanate.

The document shall be drawn up in the language of the
country in which service is to be effected, or shall be accom-
panied by a translation in such language.

Article 6.

Service of documents may also be effected by post in cases
where this method is permitted by the law of the country
from which the document emanates, if the recipient is a
subject or citizen of the High Contracting Party from whose
territory the document emanates.

III.—TAKING OF EVIDENCE.

Article 7.

When a Court in the territory of one High Contracting
Party orders that evidence is to be taken in the territory of
the other High Contracting Party, this may be done in either
of the ways prescribed in Articles 8 and 10.

Article 8.

(a) The Court may, in accordance with the provisions of
its law, address itself by means of a letter of request to the
competent authority in the territory of the other High Con-
tracting Party, requesting such authority to undertake a
judicial inquiry within his jurisdiction.

(b) The letter of request shall be drawn up in the language
of the authority applied to, or accompanied by a translation
in such language certified as correct by a diplomatic or con-
sular officer of the High Contracting Party from whose Court
the request emanates or by an official or sworn translator of
one of the countries concerned.

(c) The letter of request shall be transmitted—
In England by the Turkish Consul in London to the Senior
Master of the Supreme Court of Judicature in England ;
In Turkey by a British consular officer to the Governor of
the province in which his consulate is situated for transmission
to the appropriate Turkish authorities.

(d) It shall be incumbent upon the judicial authority to
whom the letter of request is addressed to give effect to it
by the use of the same compulsory measures as in the execu-
tion of a commission or order emanating from the authorities
of his own country.

(e) The consular officer by whom the letter of request is
transmitted shall, if he so desires, be informed of the date and
place where the proceedings will take place, in order that the
interested parties may be able to be present or to be repre-
sented.

(f) The execution of the letter of request can only be
refused—
(1) If the authenticity of the request is not established ;
(2) If in the country to the authorities of which the request
if addressed, the execution of the letter of request
does not fall within the functions of the judiciary ;
(3) If the High Contracting Party in whose territory the
request is to be executed considers it such as to
effect his sovereignty or safety.

(g) In case the authority applied to is without jurisdiction,
the letter of request shall be forwarded, without any further
request, to the competent authority of the same country in
accordance with the rules laid down by the law of that
country.

(h) In every instance where the letter of request is not
executed by the authority to whom it is transmitted, the
latter will at once inform the consular officer by whom the
request is transmitted, stating the grounds on which the
execution of the commission has been refused, or the judicial
authority to whom the commission has been forwarded.

(i) The authority which executes the letter of request
will apply, so far as the procedure to be followed is concerned,
the law of his own country.

Nevertheless, an application by the authority making the
request that some special procedure may be followed shall
be acceded to, provided that such procedure is not incompatible
with the law of the country where the request is to be executed.

Article 9.

(a) No fees of any description shall be payable by one
High Contracting Party to the other in respect of the exe-
cution of letters of request.

(b) Nevertheless, the High Contracting Party, from whose
Court the request emanates, shall repay to the High Con-
tracting Party, in whose territory it is executed, any charges
and expenses payable to witnesses, experts, interpreters, or
translators, the costs of obtaining the attendance of witnesses
who have not appeared voluntarily, and the charges and ex-
penses payable to any person whom the competent judicial
authority may have deputed to act in cases where the municipal
law permits this to be done, and any charges and expenses
incurred by reason of a special procedure being requested
and followed.

(c) The repayment of these charges and expenses shall be
claimed by the authority of the country in which the request
was executed from the consular officer by whom the request
was transmitted when delivering the documents establishing
the execution of the letter of request. These charges and
expenses are calculated in accordance with the tariff in force
for nationals in the country in which the request was executed
so far as the same is applicable.

Article 10.

(a) The evidence may also be taken, without the inter-
vention of the authorities of the High Contracting Party in
whose territory it is to be taken, by a diplomatic or consular
officer of the High Contracting Party before whose Courts
the evidence is to be used.

(b) The diplomatic or consular officer appointed to take
the evidence may request named individuals, provided that
they are subjects or citizens of the High Contracting Party
for whose Courts the evidence is required, to appear as witnesses
or to produce any document, and to take an oath, but he has
no compulsory powers.

(c) Requests to appear issued by the consular officer will
be drawn up in the language of the country where the evidence
is to be taken, or accompanied by a translation into such
language.

(d) The evidence may be taken in accordance with the pro-
cedure laid down by the law of the country in which the
evidence is to be used, and the parties will have the right to
be present or to be represented by any person who is com-
petent to act before the tribunals of either country con-
cerned.

Article 11.

The fact that an attempt to take evidence by the method
laid down in Article 10 has failed owing to the refusal of any
witnesses to appear, to give evidence, or to produce docu-
ments does not preclude an application being subsequently
made in accordance with Article 8,