Witnesses Tariff Act
- Commenced on 6 June 1903
- [This is the version of this document as it was at 1 December 2014 to 11 November 2021.]
1. Short titleThis Act may be cited as the Witnesses Tariff Act.
2. Expenses and allowances of witnessesThere shall be paid to witnesses summoned in civil and criminal cases before every court such expenses and allowances as the Chief Justice with the approval of the Minister may by rules of court prescribe.
3. One taxation only allowed per dayWhen any person is heard as a witness in several cases, on the same day and before the same court, and any expenses and allowances due to such person become payable by the Republic, such person shall be entitled to receive from the Republic expenses and allowances in respect of one case only.
4. Penalty for wrong informationAny witness, called before any court of justice, who shall willfully and knowingly give wrong information as regards his profession, trade, calling, avocation, or place of residence, in order to obtain a higher rate of expenses and allowances, shall be liable to prosecution, and shall, on conviction, be fined a sum not exceeding fifty rupees.
5. Shortest distance reckonedFor the purpose of this Act, the distance travelled over by any witness shall be reckoned by the shortest way to and from his residence, or usual place of occupation:Provided that in no case shall any witness be allowed travelling expenses from any locality other than that specified on his subpoena or summons as being that of his residence or usual place of occupation, except by the authority of the Attorney General or unless such witness has applied on oath to a Judge, magistrate, or Justice of Peace for a rectification of his summons or subpoena.
6. Witnesses in civil cases. Witnesses may tax their costs before termination of suit
7. Prepayment of allowances in civil casesNo witness subpoenaed or summoned to attend before a court of civil jurisdiction shall have a right of action for his expenses and allowances, until such expenses and allowances shall have been taxed and the written order of a Judge is obtained to enter such action.Every such witness, when put in the box, may with the approval of the Judge hearing the case decline to give evidence until his expenses and allowances, if any be due, are paid to him.
8. Power of Judge, etc., savedNothing herein contained shall in any way alter, modify, or suspend the powers now vested in the Supreme Court, the registrar, or the Justices of the Peace to compel the attendance of witnesses.
9. Taxation of witnessesThere expenses and allowances due to witnesses in all cases civil, or criminal before the Magistrates' Court and the Supreme Court shall be taxed by the Registrar, and in case any party feels ag grieved by the decision of the Registrar, the taxation may be reviewed without expense by a Judge in Chambers.
History of this document
12 November 2021 amendment not yet applied
01 December 2014 this version
06 June 1903
|Witnesses Tariff Rules||Statutory Instrument 42 of 1961|