, 1912-02-10

tons in regard to the taking IF evidence, the Court settles by a judg-
m M mt whether whether an" nd t. What Eo s extent mt the application shall be cOmpl ed with
y be complied with, the judgment must contain the necessary informa-
ton for drawing up the request, and must fix the security which the
party must give fol. the expenses which ARE estimated to be incurred in
the taking of the evidence, and must fix also the time within which the
Such a judgment san be separately appealed, but the appeal does
not postpone the proceedings
oi,.n When 1a t the ss an u mt mentioned ssos.s in It the tG preceding so%L1.3 paragraph has been
hearing of the evidence may take place. The request must contain II
Eem an. %h1o ~ is IS the S@ ground %mi5 of the he suit. suit and and .%s ez"e t, statement of T1"S
parties are to be summoned to the proceedings and ifso, with how long
The request is forwarded to the Government for further procedure
If the Court has officially to look after the sufficient calculation Of
t the ef ease it f can also Of its own i initiative decide to dr"w q a request to-
Likewise application "a be made to have such a request drawn up
when the suit has not yet been entered, with the observance, however,
IS to be given in to that Court in which the suit in connection with thu
matters Tg in question will eventually have to be entered.
fore a foreign tribunal must be m@deto that Court where the case has been
If the oath of a party is to be taken before a foreign tribunal the op-
p pdindeed to p n' csye 1t tn n' dfst i mat tnes"'''O be made to the Court which has
In regard to the application and decisions mentioned in this para
graph the rules III the foregoing paragraphs with the necessary adapta-
lions, ar correspondmgly applicable.
For dealing with the application for taking evidence mentioned in
in the 2nd clause of S., where the ordinary fee on the Institution of
suit is to be paid.
Requests from foreign tribunals for t the taking of evidence or other
the Danish West Indian Islands when they are forwarded through diplo-
matte channels through the Ministry Of Finances.
For compliance with such requests preceding mediation for recon-
cl@tion is not necessary and notice to the parties need not be given I'M
9ti"'9 dShtI 11. IL III IC ICHOoU" oENLhO 1Ou vi uOueO VI
procedure is asked for, this shall be followed Is far is possible, unless
such must be regarded as forbidden by Danish West Indian law.
To that extent which the agreement with the foreign State warrants.
such judicial proceedings take place in accordance with the rules for cases
III which free process in the Danish West Indian Islands is granted.
Sentences aud judicial decisions whereby a person who owns property
in the Danish West Indian Islands has been condemned in a foreigA
country to pay the costs of a suit brought by him in the said foreign
country or of a suit adjudg d in the foreign country in which he has in
tervened, can, when the sentence is passed in a state with which au
agreement. i'll this regard exists, be carried out by execution on his pro-
perty in the Danish West Indian Islands, 50 far a concerns the said ex-
penses, provided
L. that the drawing up of the sentence or judicial decision, in accord
ance with the laws of that country where it is pronounced, fulhls
the necessary conditions for it's authenticity.
2 that the decision has according to the same laws, the judicial
effect of an unappeahbe sentence, and
3. that the time limit for claims under Danish West Indian law has
not been exceeded, also
4 that lhe decision is in the Danish language or is accompanied by
certified translation into Danish.
The presence of the conditions under No 1 and No. 2s atested by
the authority competent thereto in the State from which the request
comes, the competence of which authority, in the absence OF an agree
ment as to another mode Of procedure, shall be certified by the States
highest judicial authority.
A request to carry out a sentence by levy must be made through %
diplomatic channel through the Ministry of Finances and shall be COM
piled with by the Sheriff after he has found that the foregoing conditions
have been fulfilled.
The procedure connected with the levy takes place, to that extent
which is decided by the agreement with the foreign State, according to-
the rules which the grant Of free process in the Danish West Indian E-
lands carries with it. Summonng the parties is not necessary. The
ordinary rules concerning appeal are applicable.
So
This Ordinance comes into force 3 months after having received
Royal sanction.