Scottish Court of Session Decisions

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Cite as: [1886] ScotLR 23_828_1, [1886] SLR 23_828_1

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SCOTTISH_SLR_Court_of_Session

Page: 828↓

Court of Session Inner House First Division.

Wednesday, July 14. 1886.

23 SLR 828_1

Stemrich

v.

Petitioner.

Subject_1Process
Subject_2Proof
Subject_3Evidence on Commission
Subject_4Evidence Required in a Foreign Court — Act to Provide for Taking Evidence in Her Majesty's Dominions in relation to Matters pending before Foreign Tribunals (19 and 20 Vict. cap. 113).
Facts:

In an application under this statute made by the Consul-General for Germany in order to obtain for a foreign court the testimony of witnesses within the jurisdiction of the Court of Session, the examination of the witnesses was ordered to take place before the legal assessor of the German Consul at Leith, who was the commissioner suggested by the petitioner.

Observed that the appointment was that of the Court and not of the petitioner, and that it was not to be understood that as a matter of course the nominee of the petitioner would in all cases be appointed.

Headnote:

William Stemrich, acting Consul General in London for the Empire of Germany, presented a petition to the First Division of the Court of Session for an order under 19 and 20 Vict. cap. 113, for the examination of certain witnesses within the jurisdiction of the Court of Session, whose testimony was certified in manner prescribed by the Act to be required in German Court. Among the witnesses proposed to be examined
Page: 829↓
was Hugo Knoblauch, merchant, the German Consul at Leith.

The petitioner prayed that authority might be granted to James Bland Sutherland, S.S.C., Leith, the legal assessor of the German Consul at Leith, to examine the witnesses named in the petition, and for an order commanding their attendance.

Authorities— Blair, July 14, 1883, 10 R. 1223; Robinow, July 19, 1883, 10 R. 1246.

Judgment:

When the cause was moved the Lord President referred to the unreported case of Robinow, mentioned in the report of Blair, 20 S.L.R., p. 810, where the Court appointed the examination to be before the Sheriff-Substitute of the district.

The Court granted the application, observing that in the present case the gentleman named in the prayer was well known to the Court, and that the appointment was made by the Court itself, and it was not to be understood that as a matter of course the nominee of the petitioner would in all cases be appointed.

Counsel:

Counsel for Petitioner— Armour. Agents— Beveridge, Sutherland, & Smith, S.S.C.
1886

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